REQUEST FOR CONSULTANTS’ QUALIFICATIONS … - Tracer Study VET...REQUEST FOR CONSULTANTS’ QUALIFICATIONS FOR TRACER SURVEY OF QUALIFIED VOCATIONAL EDUCATION APPLICANTS MCAN/COM/RCQ/5A01013C

REQUEST FOR CONSULTANTS’ QUALIFICATIONS FOR TRACER SURVEY OF

QUALIFIED VOCATIONAL EDUCATION APPLICANTS

MCAN/COM/RCQ/5A01013C

MCA Namibia (MCA-N) requires the services of a consulting firm (hereinafter referred to as the

“Consultant”) to provide the following services:

Summary of Services

The objective of the Tracer Survey of Qualified Vocational Education and Training (VET) applicants is

to provide up-to-date, reliable, and comprehensive information on the outcome of training funded

through the Vocational Training Grant Fund (VTGF) established by Millennium Challenge Account

Namibia (MCA-N) and through the Namibia Training Authority’s (NTA’s) National Training Fund (NTF).

It is expected that the information elicited through this data collection exercise will help to compare

income levels and employability of VTGF-/NTF-supported trainees before and after receiving training,

and also with applicants who did not receive training through the two funds.

This document sets out the application procedure and the Terms of Reference for the above

assignment.

Location: Windhoek

Anticipated Start Date: 1 October 2012

Duration of Assignment: Periodically over 42 Months

Application Procedure and Selection

Before applying, interested Consultants shall review the Terms of Reference (Attachment 2), which

provides a detailed description of the assignment and the qualifications and experience required of

the Consultant.

Interested Consultants shall send their responses, which shall include an Expression of Interest (EOI

Form 1) to be considered for the assignment including details of the experience of the Consultant (EOI

Form 2 and )the date of availability, and up-to-date CV’s for the required Key Personnel (EOI Form 3)

demonstrating that the Consultant fulfils the minimum requirements described in the TOR, contact

details (i.e., address, telephone and fax numbers, e-mail address, website, etc.), at least three

references that can comment on the Consultant’s related work experience, and any other relevant

information.

The selection shall be carried out in accordance with the procedures for Selection based on the

Consultants’ Qualifications method set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia

Procurement Rules (see the Procurement page on website www.mcanamibia.org for the

Procurement Rules). The selected Consultant will be requested to submit combined technical and

financial proposals for the assignment, which, together with the Consultant’s EOI and the attached

Form of Contract (Attachment 3), will be used for the negotiation of a fixed-price contract between

the Consultant and MCA Namibia.

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Interested Consultants shall submit their responses in the standard MCA-N EOI format (Attachment 1)

to:

The Procurement Manager,

MCA Namibia,

Atlas House,

3rd

Floor Room 13

117 Sam Nujoma Drive

Windhoek, Namibia

Alternatively they can send their responses electronically to the following e-mail address:

[email protected]

Deadline for the submission of responses: 13h00 on 24 August 2012.

mailto:[email protected]

Attachment 1: Expression of Interest Forms

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Expression of Interest: Form 1

[Location, Date]

Mr. Johann Botha

Director Procurement

MCA Namibia

Dear Sir,

Re: TRACER SURVEY OF QUALIFIED VOCATIONAL EDUCATION AND TRAINING SERVICE

PROVIDERS

MCAN/COM/RCQ/5A01013-C

I/We, the undersigned, offer to provide the consulting services for the abovementioned assignment in

accordance with your Request for Consultant’s Qualifications dated [Insert Date] and this Expression

of Interest.

I/We hereby submit my/our Expression of Interest, which will be open for acceptance for a period of

60 (sixty) days.

I/We hereby declare that all the information and statements made in this Expression of Interest are

true and accept that any misrepresentation contained in it may lead to my/our disqualification.

If negotiations are held during the initial period of validity of the Expression of Interest, I/ We

undertake to negotiate on the basis of the availability of the proposed team member(s) for the

assignment.

My/Our Expression of Interest is binding upon myself/ourselves and subject to the modifications

resulting from Contract negotiations, and I/We undertake, if my/our proposal is accepted, to initiate

the consulting services related to the assignment not later than [insert the date on which you will be

available to commence with the assignment]

I/We understand you are not bound to accept any proposal that you may receive.

Yours sincerely,

Name and title of Signatory

Address of Consultant


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Experience of the Consultant

[Using the format below, provide information on each relevant assignment for which your firm was legally

contracted either individually as a corporate entity or as one of the major companies within an association, for carrying out consulting services similar to the ones requested under the Terms of Reference included in this RCQ. The Proposal must demonstrate that the Consultant has a proven track record of successful experience in executing projects similar in substance, complexity, value, duration, and volume of services sought in this procurement.

Maximum 20 pages]

Assignment name:

Approx. value of the contract (in current US$):

Country: Location within country:

Duration of assignment (months):

Name of client Total No. of staff-months of the assignment:

Address:

Approx. value of the services provided by your firm under the contract (in current US$):

Start date (month/year): Completion date (month/year):

No. of professional staff-months provided by associated consultants:

Name of associated consultants, if any:

Name of proposed senior professional staff of your firm involved and functions performed (indicate most significant profiles such as project director/coordinator, team leader):

Narrative description of project:

Description of actual services provided by your staff within the assignment:

Name of Firm: _________________________________


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Curriculum Vitae (CV) for Proposed Key Professional Personnel

1. Proposed Position [only one candidate shall be nominated for each position] 2. Name of Firm [Insert name of firm proposing the staff] 3. Name of Personnel [Insert full name] 4. Date of Birth [Insert birth date]

Nationality [Insert nationality]

5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment].

6. Membership in Professional Associations

7. Other Training [Indicate appropriate postgraduate and other training] 8. Countries of Work

Experience [List countries where staff has worked in the last ten years]

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]

Language Speaking Reading Writing

10. Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]

From [year]: To [year]: Employer: Position(s) held: 11. Detailed Tasks

Assigned [List all tasks to be performed under this assignment]

12. Work undertaken that best illustrates capability to handle the tasks assigned:

[Among the assignments in which the staff has been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11.]

Name of assignment or project:

Year:

Location:

Client:

Main project features:

Position held:

Activities performed:

13. References:

List at least three individual references with substantial knowledge of the person’s work. Include each reference’s name, title, phone and e-mail contact information. MCA Namibia reserves the right to contact other sources as well as to check references, in particular for performance on any relevant MCC-funded projects.


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14. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my

qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged.

I, the undersigned, hereby declare that I agree to participate with the [Consultant] in the above-mentioned Request for Proposal. I further declare that I am able and willing to work:

1. for the period(s) foreseen in the specific Terms of Reference attached to the above referenced Request for Proposal for the position for which my CV has been included in the offer of the Consultant and

2. within the implementation period of the specific contract.

Signature of Key Professional Personnel

If this form has NOT been signed by the Key Professional Personnel, then in signing below the authorized representative of the Consultant is making the following declaration.

“In due consideration of my signing herewith below, if the Key Professional Personnel has NOT signed this CV then I declare that the facts contained therein are, to the best of my knowledge and belief, a true and fair statement AND THAT I confirm that I have approached the said Key Professional Personnel and obtained his assurance that he will maintain his availability for this assignment if the Contract is agreed within the Proposal validity period provided for in the RCQ.”

Signature of Authorized Representative of the Consultant

Day / month/ year

Attachment 2: Terms of Reference

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Terms of Reference

Terms of Reference

Tracer Survey of Qualified Vocational Education and Training (VET) Applicants, 2012-2014

1. Summary of Objectives

The main function of the Tracer Survey of Qualified Vocational Education and Training (VET) Applicants is to

provide up-to-date, reliable, and comprehensive information on applicants to training institutions funded

through the Vocational Training Grant Fund (VTGF) (established by Millennium Challenge Account Namibia

(MCA-N) for high-priority vocational training) or Namibia Training Fund (NTF) Levy, or individuals whose skills

are formally certified through Recognition of Prior Learning (RPL). As RPLs are funded by the VTGF or NTF,

references to VTGF- or NTF-supported training programmes are understood to include certifications through

RPL; furthermore, “trainees” include RPL recipients. It is expected that the information elicited through this

data collection exercise will help to compare income levels and employability of VTGF- and NTF-supported

trainees before and after receiving training, and also with applicants who did not receive training through the

two funds.

2. Background Information

2.1 The Millennium Challenge Corporation (MCC)

The Millennium Challenge Corporation (MCC) was established in January 2004 as a United States government

corporation to implement the Millennium Challenge Account (MCA). MCC’s mission is to reduce poverty by

supporting economic growth in developing countries, which create and maintain sound policy environments.

MCC is designed to support innovative strategies and to ensure accountability for measurable results. For

additional information on MCC please visit http://www.mcc.gov.

2.2 Namibia’s Millennium Challenge Compact

The MCA Namibia Compact, which provides grant funding for public investments in Education, Tourism and

Agriculture, was signed on 28 July 2008 between the Republic of Namibia and the US Government, acting

through the MCC. An amount of US$304.5 million will be available for development in the target sectors, over

and above current Government allocations and assistance from other development partners.

The Goal of Namibia’s Millennium Challenge Compact is to reduce poverty through economic growth in the

Education, Tourism and Agriculture sectors. To accomplish the Compact Goal of increasing income, the MCA

Namibia Programme aims to achieve the following objectives:

i) Increase the competence of the Namibian workforce (knowledge, skills and attitude);

ii) Increase the productivity of agricultural and non-agricultural enterprises in rural areas.

The Compact aims to improve the quality of education and training for the underserved populations, and

attempts to capitalize on Namibia’s comparative advantages to increase the incomes of the poor Namibians,

predominantly in the northern areas of the country.

http://www.mcc.gov/


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In Education, the Programme seeks to bring the quality of the work force closer to the requirements of

industry and the labour market at large. This is in line with the aspirations of Vision 2030 and the 3rd

National

Development Plan’s strategic objective for “productive and competitive human resource and institutions”,

whose values informed the programming, content and activities of the Education and Training Sector

Improvement Programme (ETSIP). The MCA Namibia Education Project contributes to ETSIP. It aims to

improve the competency and knowledge of young Namibians by supporting new and innovative methods of

learning in addition to the more traditional approaches to education and improve physical infrastructure for

learning and teaching in schools, regional study and resource centres and Community Based Skills

Development Centres.

The Tourism Project seeks to bring conservancies in high potential tourism areas into the mainstream of the

tourism business, increasing the financial and in-kind benefits to rural conservancy members. Internationally-

acknowledged best practice models for community-based tourism and community-based natural resource

management underpin the Tourism Project. This is the first MCC project with an explicit focus on tourism,

acknowledging the sector’s tremendous poverty alleviating potential in rural areas of Namibia. The Etosha

National Park will serve as a model for increased participation by the adjacent conservancies. MCA Namibia’s

Tourism Project will facilitate access to the Park for the conservancies around it through exclusive access

concessions, to be awarded through the 2007 Concession Policy. The MCA Namibia Tourism Project will also

enhance regional and international marketing of Namibia as a tourism destination.

The Agriculture Project comprises three main activities in livestock, land access and management and

indigenous natural products. The Livestock Activity seeks to bring the marketing opportunities for farmers

who live north of the Veterinary Cordon Fence (“the Fence”) closer to the opportunities enjoyed by farmers

south of the Fence. The focus will be on improving veterinary services aimed at obtaining animal disease-free

status for the Northern Communal Areas (NCAs) in order to gain access to international markets. The

accompanying public investment in rangeland management will improve access to grazing and farming

practices. The overall objective is to increase the farmers’ cash income derived from livestock and smallstock

farming in the NCAs. Through the Land Access and Management Activity the Communal Land Boards,

traditional authorities and other key stakeholders will be empowered to better manage the available

resources. Increasing direct participation of the primary producers in the processes of value addition to raw,

natural products such as Marula, Kalahari Melon Seed, Hoodia, Devil’s Claw and Ximenia is the key objective of

the Indigenous Natural Products Activity. The value chain approach that the INP sector has adopted will

ensure that the activities are responsive to the fast-changing market realities for natural products. At present,

most of the revenue from selling products made of these valuable commodities is generated outside Namibia.

The MCA Namibia Programme will facilitate an increased participation by the primary producers in the final

processing, packaging and marketing of these products.

Please visit http://www.mcanamibia.org for the detailed Project Descriptions. This TOR is related to the

Education Project as well as to MCA Namibia’s M&E Plan.

2.3 The MCA Namibia Management Structure

MCA Namibia (MCA-N) is the accountable entity, responsible for the overall management of the Compact’s

implementation. MCA-N is a legal entity within the National Planning Commission (Office of the President)

comprised of a Board and a Programme Management Unit. MCA-N’s Board provides oversight and strategic

guidance and is ultimately responsible for the Programme’s success, while the Programme Management Unit

is responsible for the implementation of the Compact, including programme management, financial

management and reporting, and coordination of M&E. The Programme is legally governed by the Compact

and its supplemental agreements. For additional information please visit http://www.mcanamibia.org.

http://www.mcanamibia.org/

http://www.mcanamibia.org/


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2.4. Consultancy-Specific Background

Cutting across all three above-mentioned sector projects, MCA-N’s Monitoring and Evaluation (M&E) division

not only plans and manages the process of monitoring, evaluating, and reporting progress towards achieving

Compact results but also aims to instil and/or support a data-driven, results-focused culture among MCA-N’s

implementing partners.

The M&E directorate established within MCA-N is implementing the MCA-N’s M&E Plan, in collaboration with

MCC and MCC- or MCA-N-contracted evaluation consultant(s), to conduct performance monitoring, program

evaluation and impact evaluation. MCC and MCA-N place a strong emphasis on M&E as part of the

Programme’s implementation, including impact evaluations that employ the most rigorous methodologies,

with plausible counterfactuals, whenever feasible.

With vocational education being one of the important contributors to the Namibian economy, specifically

when it comes to reduction in unemployment and poverty rates, vocational education statistics become a

primary source of information to determine the performance of the vocational education sector.

MCC has contracted an independent evaluator to design and implement the vocational education and training

(VET) impact evaluation. This rigorous impact evaluation is dependent upon a quality data collection effort.

The data needed for supporting the impact evaluation consist of multiple data sources including but not

limited to: administrative records related to VTGF, NTF Levy, and RPL; and survey data on training applicants

(both trainees and non-trainees), trainers, and employers.

The focus of these Terms of Reference (TOR) is the survey targeting VET applicants across the different VTGF-

or NTF-supported training programmes. MCA-N seeks a Consultant for implementation of a comprehensive

tracer survey of qualified applicants for VTGF or NTF support (regardless of whether or not they go on to

actually become trainees), which represents the cornerstone of the impact evaluation. Important to note is

that the baseline round of data collection has already been conducted for the NATH, Wolwedans I and II grants

(see further Section 4.1 below).

3. Objective of the Survey

The main objective of the exercise is to provide up-to-date, reliable, quality, and comprehensive survey data

that will be used to evaluate the impact of the VTGF and the NTF Levy. The VTGF and NTF evaluation supports

two objectives derived from MCA-N and MCC’s core principles: accountability and learning. Accountability

refers to MCC and MCA-N’s obligations to report on their activities and attributable outcomes, accept

responsibility for them, and disclose these findings in a public and transparent manner. Learning refers to

improving the understanding of the causal relationships between interventions and changes in poverty and

incomes. The survey and evaluation also contribute to a broader effort to support the development of a

monitoring and evaluation approach and culture at the Namibia Training Authority (NTA).

Because support is provided, and training programmes occur on a rolling basis (and have differing durations),

ongoing waves of data need to be collected so that the evaluation team will be able to assess the situation

before and during specified periods after training of each cohort.1 The Consultant will collect data on

applicants through a survey administered by phone. High response rates and high data quality are crucial.

1 Training “cohorts” are also referred to as “waves” below; these terms should not be confused with the three

“rounds” of data collection planned for the baseline, six months, and eighteen months following training.


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Key variables of interest and main research questions

The key variables of interest, which are outlined in MCA-N’s M&E Plan and in the relevant Evaluation Design

Report2, are:

i) employment; and

ii) income.

The main research questions the evaluation is expected to address are:

To what extent do vocational training programmes increase income of graduates, compared to their

earning potential if they had not completed them?

Do vocational training programmes reduce the amount of time it takes to find a job and the likelihood

that one will be obtained?

Do vocational training programmes increase employment of graduates compared to if they had not

completed them? If so, which subsets of students benefit the most? Do vocational training

programmes lead to an increase in self-employment?

Do vocational training programmes enhance graduates’ opportunities for promotion and mobility in

the labour market?

What are graduates’ perceptions of their vocational training experience and how does that vary by

selected trainee and training provider characteristics?

Which training providers’ graduates are experiencing the most success and what are the institution-

specific explanations for these results?

Several sub-questions arising from the above will also be answered.

Study design

The two approaches which are planned for the impact evaluation analysis include: (1) an experimental design

based on matching treatment and control cases and a double differences analysis; and (2) a before-and-after

approach with a single difference within the treatment group.

The evaluation relies on four sources of data:

1) an applicant survey and related administrative records;

2) an employer survey;

3) training providers’ administrative records; and

4) focus group discussions (FGDs) and in-depth interviews with key informants.

This TOR relates to the collection of the first set of data.

2 This document is currently being finalized. The draft is available upon request, and the final version will be

provided to the Consultant.


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4. Scope of Work

The main task for the Tracer Survey of Qualified Vocational Education and Training (VET) Applicants

Consultant is to gather data which would allow the impact evaluator to generate reliable statistics on qualified

applicants for VTGF- and NTF-supported vocational training programmes.

Throughout the consultancy, the following general guidance applies:

Close interaction with the MCA-N and MCC M&E teams, the VET Evaluator, and the NTA is required.

The Consultant will report regularly on the survey project’s implementation progress on a schedule and

format (could include written updates, meetings, and/or conference calls) to be agreed with MCA-N, in

consultation with MCC and the Impact Evaluator, with the purpose of keeping the relevant stakeholders

informed about survey activities and enabling them to provide input and feedback on necessary testing,

revisions, quality control and assurance, and other issues.

The Consultant will be responsible for producing minutes from survey project-related meetings/calls, as

requested by MCA-N.

The Consultant is required to abide the confidentiality requirements for the project and follow informed

consent protocols which meet research ethics standards for research involving human subjects.

The Consultant is required to produce comprehensive survey documentation and metadata, using a

format and standards provided by MCA-N. The statistical and metadata software used by the Consultant

must be approved by MCA-N to ensure compatibility for transferring data files and other information.

MCA-N recommends the use of Nesstar or equivalent for preparing the metadata. International standards

in metadata documentation must be followed for the full duration of the survey.

The survey implementation plan must address how potential language barriers will be mitigated.

As part of the overall guidance, the specific format and content requirements for all manuals, survey

documentation and reports will be agreed to between MCA-N and the Consultant, in consultation with

MCC and the Impact Evaluator. The same applies to the data analysis method and content.

Deliverables shall be submitted in English (except translations, if deemed necessary in consultation with

MCA-N) and considered “draft” upon initial submission by the Consultant. Drafts will be reviewed by

MCA-N and other stakeholders and accepted or concerns raised/comments provided within 2 weeks of

receipt, unless otherwise agreed.

o The Consultant shall appropriately address any concerns and provide revised versions within 1 week

of receiving the response, unless otherwise agreed. The Consultant shall recognize that more than

one round of comments may be necessary to finalise a deliverable (i.e., to produce a version that

MCA-N can approve).

o Once approved, all final versions of reports will be produced in both editable format and, where

feasible, in portable document format (PDF). All draft and final outputs (reports, data sets, available

electronic literature) will be submitted in electronic format: reports in Microsoft Word and data files

used in reports in Microsoft Excel and SPSS.

4.1 Timing

The timing of data collection will follow the timing of application rounds for said training programmes, with

survey administration taking place before (or right at the start of but no further into training than one quarter

of the total training period) training and 6 months after training completion. It should be noted that the

baseline round of data collection has already been conducted for the NATH, Wolwedans I and II grants. The


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relevant data and other information will be provided to the Consultant. In an optional round, the Consultant

will collect data 18 months after training completion.

A tentative timeline of intakes and training duration is provided below3:

Training Provider Number of Trainees

Actual/Estimated Training Start Date

Actual/Estimated Training End Date

NATH4 60 4 October 2010 31 July 2012

Wolwedans Grant I4 60 16 December 2010 February 2012 (Level II) 25 October 2013 (Level III)

Wolwedans Grant II4 40 1 December 2011 15 September 2014

COSDEC Lüderitz 320 1st

Intake: 2 July 2012 2

nd Intake: November 2012 3

rd Intake: June 2013

4th

Intake: November 2013

August 2013 December 2013

July 2014 September 2014

NTF Pilot 60 July/August 2012 31 January 2013

RPL Pilot 130 February 2013 15 December 2013

ABTCC Training 16 July 2012 May 2013

ILSA 100 August 2012 February 2014

IUM 300 August 2012 May 2013

RVTC 40 August 2012 January 2014

ZVTC 116 August 2012 May 2013

VVTC 50 August 2012 February 2014

OVTC 30 August 2012 August 2013

NAMCOL 538 January 2013 September 2014

NAMWATER 135 July 2012 September 2014

NIMT 90 September 2012 September 2014

TOTAL 2,085

4.2 Sample size

The population of study will be divided into applicants receiving training or RPLs (i.e., trainees) and applicants not receiving training (i.e., eligible non-trainees). The anticipated total sample size is 3,548 completes for each of the three rounds of data collection (i.e., at baseline, 6-month follow-up, and optional 18-month follow-up)

5.

The sample size proposed here is based upon current and anticipated VTGF agreements with vocational training providers and upon NTF enrolment estimates. The sample size is not prescriptive but is provided to guide potential contractors in costing the project.

3 A more definite timeline will be available as training providers comes on board and funding agreements are

signed, but there is not expected to be significant deviation from the indicative figures provided in the table. 4 Note that the baseline round of data collection has already been conducted. The relevant data and other

information will be provided to the Consultant. 5 I.e., 3,548 are panel cases captured at baseline and traced.


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4.3 Description of tasks and deliverables

The following tasks apply to each of the three rounds of data collection (baseline, follow-up at 6 months, and optional follow-up at 18 months), unless otherwise noted

6.

Task 1: Initial Assessment and Work Plan Development

The Consultant shall:

Become oriented with the MCA-N Programme and the M&E Plan and the vocational education-related

indicators and targets.

Meet with the relevant MCA-N Project Director, Sub-Activity manager, and M&E staff to gain a better

understanding of the objectives and intended outcomes of this activity.

Become familiar with impact evaluation design and review all relevant background documents.

Meet with Impact Evaluator to discuss necessary sampling components and questionnaire content to

meet the needs of the evaluation.

Prepare an initial work plan and timeline to cover all planning, preparation, implementation, and

analysis activities.

Clarify survey’s objectives and expectations, clarify research questions and main themes, and discuss

survey content with relevant implementing partners and other relevant government and development

partner entities.

Draft and submit a Draft Survey Design Report that will at a minimum contain the following:

o Sampling Methodology*; specifically, this should include:

How the sample will be drawn7;

Details on the sampling frame (the Consultant will be required to work with the training providers

(TPs) to collect the information needed to construct the sampling frame based on the list of

applicants to each training round) and any needed updates8,9

;

Identification of the main threats to validity of the data and how these will be addressed;

How data quality will be maintained (the Consultant will provide a data quality assurance

protocol to MCA-N to highlight all measures taken to guarantee the quality and

comprehensiveness of the data collected across the different rounds of data collection); and

How non-response and attrition will be handled in terms of the sampling approach. Since this is a

tracer study which is dependent on locating the applicants not only at baseline but also at

specified points in time in the future, the Consultant will be responsible for acquiring and

6 Some of these tasks should be done at the beginning of a survey round and some with each new cohort

within rounds. Those to be done with each new cohort are starred (*). 7 The Impact Evaluator will provide the MCC-approved sampling methodology and any key parameters that

must be taken into account, but the Consultant is responsible for developing the sample frame and drawing the sample, which will consist of trainees and applicants not receiving training. MCA-N, in consultation with MCC and the Impact Evaluator, must approve the sampling plan before it goes into effect and also receive a read-out on the results and any issues of the sample draw. 8 MCA-N will be providing a template with minimum information to be collected on eligible respondents.

9 Continuous updating of the master list by the Consultant will be required. Samples of templates previously

used should be submitted along with the technical proposal.


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updating contact information for applicants as part of the frame construction and for devising a

plan for reducing attrition through a mix of different methods, including acquiring several contact

information sources, employing refusal conversion and follow-up techniques, etc. Because this

survey will be used for a rigorous impact evaluation, the response rate must be high across

respondent groups and training providers. Note also that since this is a tracer study, response

rate is not only assessed for each round of data collection only but across different rounds of data

collection for baseline and follow-up rounds where the same cohorts will be contacted. The

response rate in question is not only considered at the unit level but takes into consideration the

item response rate for critical questions/variables/indicators within the survey (please refer to

AAPOR10

standards for calculating response rates). The Consultant is to use incentives, monetary

or other, to increase the response rate, only when the reasoning behind the type of suggested

incentive is approved by MCA-N and suitable to the population of interest. In addition, costs of

such incentives should be included in the Consultant’s budget proposal, along with an

explanation of how they will increase the response rate for the goal of a cumulative response

rate11

of 80%. Early signs of response rate below 80% at baseline need to be communicated to

MCA-N, MCC and the Impact Evaluator. Reasons for low response rate, follow-up plans, and

suggested resolutions to achieve the target response rate are required and need to be approved

by MCA-N for each round of data collection.

o Qualified VET Applicants Survey Instrument. The already-developed Survey Instrument will be

reviewed and refined in close collaboration with MCA-N, MCC, and the Impact Evaluator. The revised

Survey Instrument should be developed in English, but the Consultant should be aware that some

respondents may not be native speakers of English. Thus, enumerators should be capable of

explaining key terms in the survey in very simple terms; guidance for such explanations should be

outlined in an enumerator training manual. The Consultant should also weigh in on whether any

translations may be needed (even just of key terms, not necessarily of the entire questionnaire),

based on the Consultant’s understanding of the target population (which, in turn, will be informed by

the meeting sessions with relevant stakeholders). Any substantive revisions to the questionnaire must

be approved by MCA-N, in consultation with MCC and the Impact Evaluator, and must minimize any

potential for measurement error. The Consultant will be responsible for developing, testing, and

programming the follow-up questionnaire(s) for this tracer study.

o Survey Work Plan* that will at a minimum detail the following:

Staff resources responsible for the different activities;

Schedule of training of enumerators;

Field testing of survey instrument;

Start and end date of all activities; and

Complete list of all activities.

o The Enumerator Training Plan to detail the following:

Description of any qualification tests on literacy and numeracy skills to be given to

enumerators;

Total number of days allocated for the training;

10

American Association for Public Opinion Research. 11

The cumulative response rate will consist of the response rate across the different data collection rounds, i.e. the number of completed and partially completed cases from baseline and across all follow-up rounds.


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Detailed description of the training activities to be conducted and time allocation; and

Clear indication of the roles and responsibilities of the different team members in the

training.

The Consultant will be required to offer to interviewers and supervisors a rigorous training in

order to ensure good understanding of the survey, the questionnaire, and standard protocols (a

training manual has already been developed that the Consultant may further refine). The

training of enumerators should at a minimum address the following issues:

Overview of MCA-N programme;

Purpose of the VTGF and NTF Levy;

Ethics in survey research;

Gender issues in conducting an interview;

How to handle uncooperative respondents;

Debriefing of respondents;

Sources of interviewer bias and how to avoid them;

How to ask questions without pre-empting certain responses;

Controlling an interview;

Procedures to be followed in order to identify respondents targeted for the

interview, including procedures and minimum number of follow-ups before

replacing an applicant from the interview list; and

Data quality issues

o Data entry rules and any instructions for special coding (this applies to open-ended type of questions

or instances when a respondent provides answers outside of the applicable range; there needs to be

clear instructions on how to handle these for consistency across enumerators)

o Data cleaning rules

o Pilot Test Plan* (if there have been major changes, as defined by MCA-N in consultation with

MCC and the Impact Evaluator), including:

Detailed timeline for all pilot testing activities;

The total number of surveys to be completed and the breakdown by each enumerator;

Supervision and data quality checks to be put in place; and

Planned analyses of the data.

The Draft Survey Design Report will be submitted to MCA-N for review. MCA-N will share the deliverable with

relevant stakeholders and return comments to the Consultant on the Draft Survey Design Report within 2

weeks of receiving it. The Consultant may not begin the execution of enumerator training and pilot testing

until MCA-N has approved the revised Enumerator Training Plan, Pilot Test Plan and Survey Instrument

sections of the Draft Survey Design Report that addresses the provided recommendations to MCA-N’s

satisfaction.

Task 2: Pilot Survey Implementation


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Hire and train the necessary number of supervisors and enumerators in accordance with the

Enumerator Training Plan to complete the survey’s fielding.

Conduct a pilot test of the survey to assess the questionnaire, capacity of the survey team, and overall

survey preparation plan. It will be done using the survey instrument approved by MCA-N. MCA-N,

MCC, and the Impact Evaluator may take part in the pilot survey as observers. The pilot survey should

be conducted on respondents who are similar in relevant characteristics to the population of interest. A

total of 3 respondents per enumerator are to be interviewed in the pilot. All proposed enumerators

should participate in the pilot to assess their ability to be employed in the actual survey. The Consultant

will be the primary party responsible for the performance assessment of the enumerators but MCA-N,

MCC, and the Impact Evaluator may provide input.

Present pilot test outcomes and findings in a Pilot Survey Implementation Report and discuss with

MCA-N, MCC, and the Impact Evaluator.

Task 3: Finalize the Survey Design

The consultant shall draft and submit the Final Survey Design Report incorporating comments from MCA-N

and relevant stakeholders, the findings of the pilot testing, outcomes of supervisor and enumerator training,

and any other needed updates. The Consultant may not proceed with data collection until the Final Survey

Design Report is approved by MCA-N.

Task 4: Survey Implementation (Survey Administration/Data Collection)


Fully implement the agreed Final Survey Design Report12

, which at a minimum will include the following

activities:

o Conduct and oversee all relevant fieldwork;

o Conduct data quality checks and quality control procedures in the field to ensure minimal survey

error, including at minimum the following:

review of all questions and answers in the questionnaire by supervisors or editors to ensure

that there have been no blanks, skip mistakes, mis-measurements, logical inconsistencies

etc.; any blanks, errors or inconsistencies identified must be corrected in the data cleaning

process;

supervisors should back-check 15% of the sample, spread out evenly across all the

enumerators and respondent types (in terms of trainee versus non-trainee);

enumerators should document all non-response, delineating the reasons for non-response

(i.e., if due to lack of availability, document the efforts made to find them, when and how

many additional attempts were made, and contact information of any people they spoke to

about the missing person’s whereabouts; if due to refusal to participate, the enumerator

should document the reason for refusal; in both cases the enumerator will make at least

three attempts to engage the respondent); and

the survey coordinator and/or supervisors/editors should document errors by question and

by enumerator as well as document corrective action taken.

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MCA-N, MCC, and/or the Impact Evaluator may conduct random spot checks during the survey’s administration. On completion of the survey, the data cleaning procedures and methods, variable codebooks, sampling weights and imputations may be reviewed as part of an ex-post check.


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o Set up computer-assisted data entry (CADE) system, which should employ the Census and Survey

Processing System (CSPro). The Consultant will be responsible for updating the existing CSPro data

entry system and database to fully reflect the questionnaire and any related changes, all the while:

observing an advanced version control protocol; conducting crosswalks13

and providing

documentation to reflect any changes implemented between versions; and considering the

implications for merging databases across different versions and different rounds for analytical

purposes.

o Prepare data entry manuals and a codebook for all variables;

o Conduct all data coding, entry, and cleaning;

o Detailed case field dispositions should be submitted on a weekly basis to help MCA-N track progress,

number of attempts made to contact the respondents and whether they were successful or not, etc.

o Provide interim progress reports every month during survey administration to MCA-N, including

reporting on any non-sampling error or other quality issues that arise, actions taken to address them,

and response rates14

and producing any requested data15

; and

o Collect, organize, and store any and all hard-copy questionnaires from the survey (e.g., due to

computer systems being down).

Draft and submit a Field Survey Report for each wave of data collection within the baseline round and

every quarter for each of the subsequent rounds and a final one at the round’s completion that shall at

a minimum contain:

o Summary of any non-sampling error issues and actions taken to address them;

o Summary and description of any problems or issues that arose in the course of survey administration

and actions taken to mitigate them;

o Table of response rates, including by full response, partial response, refusals, not found, and other

relevant categories;

o Summary of quality control efforts during survey administration;

o Summary of any adjustments to the implementation plan made in the course of survey administration

and the reasons for this; and

o Lessons learned that should be applied to any future intakes in the baseline round and to subsequent

rounds of the survey.

13

A crosswalk is usually an Excel spreadsheet which allows us to track changes that may have occurred across rounds and waves of data collection, database set-up, variables construction, and data cleaning. 14

If survey response rates are below 80%, a solution to address this problem must be proposed, and approved by MCA-N, MCC, and the Impact Evaluator before being implemented. 15

The Consultant shall provide the raw data resulting from the first week of data collection promptly to MCA-N, MCC, and the Impact Evaluator for their review and comment.


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Task 5: Data Entry, Cleaning and Analysis


Conduct all data entry, storage, and cleaning16

to create a clean data set.

Calculate sampling weights and conduct variance analysis.

Produce a complete, clean raw data set.

Produce cross-tab tables for key variables. MCA-N, in consultation with MCC and the Impact Evaluator,

will provide specific guidance on which tables to produce but the Consultant is free to propose

additional analyses.

Submit a complete set of Survey Data and Documentation that contains the following elements:

Element Description

Survey Summary Documentation of survey, including sampling methodology and implementation experience

Descriptive Statistics Tables of descriptive statistics for key variables of interest, complemented by brief summary

“Readme” File A “Readme” file detailing the contents of the data file, listing all included files and documenting the purpose and format of each file provided

Brief Survey Description and basic documentation

A brief text discussion of the survey design, data collection, and editing, imputation, and weighting procedures.

Enumerator and trainer manuals

Guides for survey enumerators, supervisors, and trainers, as well as manuals used to train each of these individuals

Questionnaires Final versions of survey instruments/questionnaires

Codebook A codebook covering each of the datasets included. This should include variable and value labels, allowing an individual to translate a response on a questionnaire to a value in the appropriate dataset. Variable-specific information should also include type (character or numeric), domain information (population responding to the question), and frequencies (item tallies).

Data Data should be provided as a set of modular datasets corresponding to the survey’s major units of observation (i.e., individual trainees and non-trainees

17).

The dataset(s) should reflect any cleaning and data quality reviews conducted. Where subjective data cleaning significantly alters statistical results, an original and a cleaned version should be provided.

18 When the data analysis included

the creation of key aggregate variables, these variables should be included in the dataset.

The Consultant will be required to capture and document non-response rates, provide detailed documentation about sampling weights construction, non-response weights, final combined weights, and conduct both weighted and unweighted frequency analysis. The Consultant will be required to provide case dispositions with adequate documentation for each case within the original frame.

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The Consultant will be required to collect, clean, store, and transfer data according to standards provided by MCA-N, MCC, and the MCC-contracted evaluator to ensure proper warehousing and security of information. Data entry and cleaning rules should be discussed with MCA-N, MCC, and the MCC-contracted evaluator and approved before implementation. 17

Each to have a unique identifier so they can be tracked through all of the modules and files. 18

In any case, both the original uncleaned data and the final cleaned data should be submitted and the syntax used to clean the data well documented.


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Final Documentation Detailed sampling documentation (sample frame, final sampling methods, including documentation of substantial deviations from the prescribed methods, documentation of data cleaning and imputation procedures)

Task 6: Survey Report


Draft and submit a draft Survey Report after completion of each round of data collection (the report will

cover all individual results per wave and cumulative results for all waves, and includes all summary

tables of survey data);

Conduct a stakeholder’s workshop to present the draft Survey Report and obtain feedback; and

Draft and submit a final Survey Report that incorporates the comments of MCA-N, MCC, and other

stakeholders.

5. Payment schedule

Item

number

Deliverables Due date Payment

amount (% of contract

value)

Payment

amount (US$)

Survey Design and Planning (applicable at baseline)

1 Draft Survey Design Report 4 weeks after contract effective

date

3 tbd

2 Pilot Survey Implementation Report 4 weeks after MCA-N approves

Draft Survey Design Report

not payable n/a

3 Final Survey Design Report 2 weeks after MCA-N approves

Pilot Survey Implementation

Report

12 tbd

Survey Implementation (applicable at the first baseline wave of data collection)

4 Field Survey Report per agreed-upon work plan 3 tbd

Survey Implementation (applicable for each wave of data collection within each survey round)

5 Sampling Methodology and Survey Work

Plan (including Pilot Test Plan, where

necessary)

(approx. 40 total)

2 weeks after receipt of relevant

cohort information

not payable n/a

6 Pilot Implementation Report (when a

pilot is necessary)

(approx. 10 total)

2 weeks after MCA-N approval of

item 5

not payable n/a

Survey Implementation (applicable every quarter)

7 Field Survey Report and Survey Data and

Documentation

(approx. 6 total)

every 3 months, starting 3 months

after MCA-N approves item 4

28 tbd


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Item

number

Deliverables Due date Payment

amount (% of contract

value)

Payment

amount (US$)

Survey Implementation (applicable at the end of the baseline round)

9 Survey Report (draft) 2 weeks after the end of the

round

not payable n/a

10 Survey Report (final) 5 weeks after the end of the

round

6 tbd

11 Survey Data and Documentation 5 weeks after the end of the

round

12 tbd

Survey Implementation (applicable at the end of the 6-month follow-up round)


round

not payable n/a


round

6 tbd


round

12 tbd

Survey Implementation (applicable at the end of the optional 18-month follow-up round)


round

not payable n/a


round

6 tbd


round

12 tbd

6. Key Personnel and their Qualifications

The staffing requirements to carry out the survey will be determined by the Consultant. The Consultant should

provide an organization chart of the team structure, together with a description of the composition of the

team and task assignment. The eventual total size of the team will depend on the phases and activities of the

survey. Full staffing may not be required at the beginning of the project and will take place as and when the

volume of work requires.

Below are the requirements for Key Personnel. The Proposal shall include the CV of each of these proposed

Key Personnel and a statement of availability. Whilst three experts are mentioned with respect to

qualifications and responsibilities, the number can be reduced if a particular expert is able (qualifications and

experience) to cover more than one position.

6.1 Team Leader

The Team Leader will, at a minimum, possess the following qualifications, skills and professional experience:

A Master’s degree in statistics, or relevant field.

At least 5 years’ experience of designing and conducting surveys, and having worked on quantitative

analysis of survey data.


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At least 5 years’ experience in managing or overseeing surveys, preferably in the education sector,

particularly phone surveys.

Preferably relevant work experience in southern Africa.

Excellent communication skills and experience in working with a wide range of individuals in

government, private sector and civil society.

Good written and verbal communication skills in English.

Quantitative and qualitative analysis experience

Excellent knowledge of SPSS, or other similar statistical analysis software.

Excellent database management experience

Key Responsibilities

Acts as the key contact person between MCA-N and the Consultant.

Provides leadership for the members of the team.

Undertakes peer review of all work before submitting it to MCA-N.

Take part in the validation and revision of the sample and the sampling methodology.

6.2 Statistician

The Statistician will, at a minimum, possess the following qualifications, skills and professional experience:

At least 3 years of proven, related working experience on survey methodology design, sampling

design and calculations, sampling weights, variance calculations and data imputation and analysis.

A degree in statistics or relevant subject.

Excellent data management and database skills

Data entry programing skills

Strong overall quantitative, analytical and research skills.

Excellent knowledge of SPSS, or other similar statistical analysis software.

Key Responsibilities

Leads in drawing the sample for each training cohort.

Takes a lead in the revision of the survey instrument.

Creates the data entry templates.

Creates the data cleaning and analyses syntax files.

Runs the data analyses.

Prepares the code book with required summary statistics.

Interprets data from the analyses

Prepares the databases.


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Non-Key Personnel

Survey Coordinator

The Survey Coordinator will, at a minimum, possess the following qualifications, skills and professional

experience:

A diploma or degree in statistics or related field.

At least 2 years’ experience in coordinating phone surveys in developing countries.

Good knowledge of CSPro.

Deep knowledge of survey implementation issues.

Good knowledge of qualitative and quantitative research methodology.

Ability to train and evaluate interviewers.

Good knowledge of survey quality control issues and quality control techniques

Good knowledge of MS Office applications.

Good written and verbal communication skills in English.

Enumerators

The Enumerators will, at a minimum, possess the following qualifications, skills and professional experience:

Grade 12; a diploma in an education- or statistics-related field is a plus; certification in data capturing a

plus.

Some professional experience in phone interview methodologies and background in data capturing highly

recommended. Knowledge of CSPro is an asset.

Excellent computer skills with functional working knowledge of Microsoft Office applications (Word, Excel

and Power Point). Ability to quickly learn grasp and apply new software.

Self-driven and motivated.

Systematic and organized in approach, with excellent interpersonal skills.

Proven ability to remain focused and committed while performing repetitive tasks.

Superior attention to detail and commitment to data quality.

Oral and written fluency in English.

Outstanding character and integrity.

No conflict of interest and commitment to protecting the integrity of the programme.

Database Programmer

The Database Programmer will, at a minimum, possess the following professional experience:

A university degree in information systems, mathematics, or relevant subject.

Experience in development of user-friendly data entry templates, including in CSPro.

Capable of developing SPSS Syntax Files.


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At least 5 years’ experience in database design.

7. Duration of the Assignment

For 42 months from the time of contracting. MCA-N may assign the whole or any part, or any benefit or interest in or under, of the Contract to MCC or (or another entity designated by MCC) without the consent of the Consultant after the Compact End Date. The MCA Entity shall notify the Consultant within 10 days after the Compact End Date of any such assignment, in which case the Contract shall expire after 42 months from the time of contracting.

Should no such assignment be made by MCA-N the Contract shall expire on 30 October 2014, after all

payments for Deliverables completed by the Consultant before the Compact End Date have been made by

MCA-N, and the Consultant shall have no further obligations under, and derive no further benefits from, the

Contract.”

8. Evaluation Criteria

Criteria, sub-criteria, and point system for the evaluation of Technical Proposals.

ITC Criterion and sub-criteria Points

5.1 Organisational Capability and Experience of the Consultant

Evidence of organisational capability and relevant experience in the execution of projects of a

similar nature, including the nature and value of the relevant contracts, as well as works in

hand and contractually committed provided in Form TECH-4. The evidence shall include

successful experience as the prime consultant in the execution of at least 2 projects of a

similar nature and complexity during the last 5 years.

In accordance with the MCA-N Procurement Guidelines, the Consultant’s past performance

on MCC-funded contracts will be considered as a criterion in MCA-N’s evaluation of the

Consultant’s Technical Proposal.

MCA-N reserves the right to contact the Form TECH-5 References as well as other sources to

check references and past performance.

Organisational capability 20

General experience in conducting surveys 30

Total points for this criterion 50

5.3 Key Professional Personnel Qualifications for the Assignment

Team Leader 30

Statistician 20

Total points for this criterion 50

The number of points to be assigned to each position shall be determined considering the following two sub-criteria and relevant percentage weights:

Education, skills and training. 50%


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Demonstrated successful experience and past performance in accomplishment of similar projects in developing countries, preferably with relevant work experience in southern Africa.

50%

Total weight 100%

Total points for the two (2) criteria 100

Attachment 3: Contract Form

1

CONTRACT FORM

MCAN/COM/RCQ [ ]

CONTRACT FOR CONSULTANT SERVICES

LUMP-SUM

FOR THE PROVISION

OF

CONSULTING SERVICES [ ]

BETWEEN

MILLENNIUM CHALLENGE ACCOUNT NAMIBIA

AND

[NAME OF CONSULTANT]

DATED:


2

TABLE OF CONTENTS

Article I – Agreement

Article II – General Terms and Conditions of Contract

Article III – Additional Provisions of Contract

Article IV —Appendices

Appendix A – Description of Services

Appendix B - Reporting Requirements

Appendix C – Consultant’s Team Members

Appendix C – Fee Schedule/Breakdown of Contract Price

Appendix D - Services and Facilities to be Provided by MCA Namibia


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I. Agreement

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year], between MILLENNIUM CHALLENGE ACCOUNT-NAMIBIA (“MCA Namibia”), on the one part, and [full legal name of the Consultant] (the “Consultant”) on the other part.

[Note: If the Consultant consists of more than one entity, the following should be used]

This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year], between Millennium Challenge Account Namibia (“MCA Namibia”), on the one part, and [full legal name of lead Consultant] (the “Consultant”) in [joint venture / consortium / association] with [list names of each joint venture entity], on the other part, each of which will be jointly and severally liable to MCA Namibia for all of the Consultant’s obligations under this Contract and is deemed to be included in any reference to the term “Consultant.”

RECITALS

WHEREAS,

(a) The United States of America, acting through the Millennium Challenge Corporation (“MCC”) and the Republic of Namibia (the “Government”) have entered into a Millennium Challenge Compact for Millennium Challenge Account assistance to help facilitate poverty reduction through economic growth in Namibia on July 28, 2008 (the “Compact”) in the amount of $304,477,816 (“MCC Funding”). The Government, acting through MCA Namibia, intends to apply a portion of the proceeds of MCC Funding to eligible payments under this Contract. Payments made under this Contract will be subject, in all respects, to the terms and conditions of the Compact and related documents, including restrictions on the use, and conditions to disbursement, of MCC Funding. No party other than the Government and MCA Namibia shall derive any rights from the Compact or have any claim to the proceeds of MCC Funding; and

(b) MCA Namibia has requested the Consultant to provide certain consulting services as described in Appendix A to this Contract (the “Services”); and

(c) The Consultant, having represented to MCA Namibia that the Consultant has the required professional skills and technical resources, has agreed to provide such services on the terms and conditions set forth in this Contract.

NOW THEREFORE, the Parties to this Contract agree as follows:

3. In consideration of the payments to be made by MCA Namibia to the Consultant as set forth in this Contract, the Consultant hereby covenants with MCA Namibia to perform the Services in conformity in all respects with the provisions of this Contract.

4. Subject to the terms of this Contract, MCA Namibia hereby covenants to pay the Consultant, in consideration of the performance of the Services, the Contract Price (as defined below) or such other sum as may become payable pursuant to the provisions of this Contract at the times and in the manner prescribed by this Contract.


4

IN WITNESS whereof the Parties hereto have caused this Contract to be executed in accordance with the laws of the Republic of Namibia as of the day, month and year first indicated above.

For Millennium Challenge Account-Namibia: For [full legal name of the Consultant]:

Signature

Signature

Name Name

Witnessed By: Witnessed By:

[Note: If the Consultant consists of a joint venture between individual consultants, all the members entities should appear as signatories, e.g., in the following manner:] For and on behalf of each of the Members of the Consultant [name of member] Signature [name of member] Signature


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II. General Terms and Conditions of Contract

1. General Provisions

Definitions Capitalized terms used in this Contract and not otherwise defined have the meanings given such terms in the Compact or related document.

Relationship Between the Parties

Nothing contained in this Contract shall be construed as establishing a relationship of master and servant or of principal and agent as between MCA Namibia and the Consultant.

Law Governing Contract This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the laws and any other instruments having the force of law in the Republic of Namibia, as they may be issued and in force from time to time (“Applicable Law”). In the event of a conflict between the MCA Namibia Procurement Rules and applicable provisions of the Tender Board of Namibia Act, 1996 or any other public procurement laws or regulations of Namibia, the MCA Namibia Procurement Rules shall prevail.

Interpretation Unless otherwise indicated, throughout this Contract:

(d) each Appendix to this Contract is incorporated herein by reference and constitutes and integral part of this Contract;

(e) all references to contracts, agreements, or other documents shall be deemed to mean such contracts, agreements or documents, as the same may be amended or otherwise modified from time to time;

(f) “confirmation” means confirmation in writing;

(g) “in writing” means communicated in written form (e.g., by mail, e-mail, or facsimile) delivered with proof of receipt; and

(h) the headings are for reference only and shall not limit, alter or affect the meaning of this Contract.

Notices 1.1.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in Section 1.5.3, or sent by confirmed facsimile or electronic email, if sent during normal business hours of the recipient Party.

1.1.2 A Party may change their address for receiving notice under this Contract by giving the other Party notice in writing of such change to the address specified in Section 1.5.3.


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1.1.3 The notice address for each party is:

For MCA Namibia:

For Consultant:

Location The Services shall be performed at such locations as are specified in Appendix A to this Contract and, where the location of a particular task is not so specified, at such locations, whether in Namibia or elsewhere, as MCA Namibia may approve.

Authorized MCA Namibia Representative

Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by MCA Namibia may be taken or executed by its [specify appropriate officer].

Taxes and Duties 1.1.4 Except as may be exempted pursuant to the Compact or another agreement related to the Compact, available on the MCA Namibia website, www.mcanamibia.org, the Consultant may be subject to certain Taxes on amounts payable by MCA Namibia under this Contract in accordance with Applicable Law. The Consultant shall pay all Taxes levied under Applicable Law. In no event shall MCA Namibia be responsible for the payment or reimbursement of any Taxes. In the event that any Taxes are imposed on the Consultant, the Contract Price shall not be adjusted to account for such Taxes. For the avoidance of doubt, (a) the Consultant will be subject to Applicable Law regarding the following Taxes (collectively, the “Non-Exempt Taxes”), and are not exempt from such Taxes pursuant to the provisions of the Compact: income and profit taxes (including individual and corporate), transfer duty taxes, stamp duty taxes, fuel levies, motor vehicle taxes and rates and taxes; and (b) in the case of value-added Taxes, the Consultant, if registered in Namibia as a payer of value-added Taxes, (i) may invoice MCA Namibia for value-added Taxes associated with performing the Services and (ii) may receive tax exemption from import customs and value-added Taxes on supplies, goods and services imported for the performance of the Services if such supplies, goods or services are consigned to MCA Namibia.


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1.1.5 The Consultant, the Consultant’s members and their eligible dependents, shall follow the usual customs procedures of Namibia in importing property into Namibia.

1.1.6 If the Consultant or any of the Consultant’s members or eligible dependents, do not withdraw but dispose of any property in Namibia upon which customs duties or other Taxes have been exempted, the Consultant (a) shall bear such customs duties and other Taxes in conformity with Applicable Law, or (b) shall reimburse such customs duties and Taxes to MCA Namibia if such customs duties and Taxes were paid by MCA Namibia at the time the property in question was brought into Namibia.

1.1.7 Without prejudice to the rights of the Consultant under this Section, the Consultant will take reasonable steps as requested by MCA Namibia or the Government with respect to the determination of the Tax status described in this Section 1.8.

1.1.8 If the Consultant is required to pay Taxes that are exempt under the Compact or a related agreement, the Consultant shall promptly notify MCA Namibia (or such agent or representative designated by MCA Namibia) of any Taxes paid, and the Consultant shall cooperate with, and take such actions as may be requested by MCA Namibia, MCC, or either of their agents or representatives, in seeking the prompt and proper reimbursement of such Taxes.

1.1.9 MCA Namibia shall use reasonable efforts to ensure that the Government provides the Consultant the exemptions from taxation applicable to such persons or entities, in accordance with the terms of the Compact or related agreements. If MCA Namibia fails to comply with its obligations under this paragraph, the Consultant shall have the right to terminate this Contract in accordance with Section 2.7.5(d).

Fraud and Corruption Requirements

1.1.10 MCC requires that MCA Namibia and any other beneficiaries of MCC funding, including any bidders, suppliers, contractors, subcontractors and consultants under any MCC-funded contracts, observe the highest standards of ethics during the procurement and execution of such contracts.

Definitions 1.1.11 As used in this Section 1.9:

(i) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, persons or their property, to influence their participation in a procurement process, or affect the execution of a contract.

(j) “collusive practice” means a scheme or arrangement between two or more parties, with or without the


8

knowledge of MCA Namibia, designed to establish prices at artificial, non-competitive levels or to otherwise deprive MCA Namibia of the benefits of free and open competition.

(k) “corrupt practice” ” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of a public official (including MCA Namibia and MCC staff and employees of other organizations taking or reviewing selection decisions) in the selection process or in contract execution or the making of any payment to any third party, in connection with or in furtherance of a contract, in violation of (A) the United States Foreign Corrupt Practices Act of 1977, as amended (15 USC 78a et seq.) (“FCPA”), or any other actions taken that otherwise would be in violation of the FCPA if the FCPA were applicable, or (B) any applicable law in Namibia.

(l) “fraudulent practice” means any act or omission, including any misrepresentation, in order to influence (or attempt to influence) a selection process or the execution of a contract to obtain a financial or other benefit, or to avoid (or attempt to avoid) an obligation.

(m) “obstructive practice” means

(i) destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to impede an investigation into allegations of a corrupt, fraudulent, coercive, collusive, or prohibited practice; and threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, and

(ii) acts intended to impede the exercise of the inspection and audit rights of MCC provided under the Compact and related agreements.

(n) “prohibited practice” means any action that violates Section E (Compliance with Anti-Corruption, Anti-Money Laundering and Terrorist Financing Statutes and Other Restrictions) of Article III to this Contract.

Measures to be Taken

1.1.12 MCC may cancel the portion of MCC Funding allocated to this Contract if it determines at any time that representatives of MCA Namibia, the Consultant or any other beneficiary of the MCC Funding were engaged in corrupt, fraudulent, coercive, collusive, prohibited or obstructive practices during the selection process or the execution of this Contract, without MCA Namibia, the


9

Consultant or such other beneficiary having taken timely and appropriate action satisfactory to MCC to remedy the situation.

1.1.13 MCC and MCA Namibia may pursue sanction of the

Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, to be awarded an MCC-funded contract if it at any time MCC determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, coercive, collusive, prohibited or obstructive practices in competing for, or in executing, this Contract or another MCC-funded contract.

1.1.14 MCA Namibia may terminate (and MCC may cause MCA

Namibia to terminate) this Contract in accordance with the terms of Section 2.7.2(c) if it determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, coercive, collusive, obstructive or prohibited practices in competing for, or in the performance of, this Contract or another MCC-funded contract.

Entire Agreement This Contract contains all of the covenants, stipulations and provisions agreed to by the Parties. No agent or representative of either Party has the authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth in this Contract.

2. Commencement, Completion, Modification and Termination of Contract

Contract Entry into Force

This Contract shall come into full force, and be legally binding on the Parties in all respects, on [the date this Contract is signed by the Parties].

Effective Date and Commencement of Services

The Consultant shall commence the Services on [specify date], which shall be defined as the “Effective Date.”

Expiration of Contract Unless terminated earlier pursuant to Section 2.7, this Contract shall expire [specify expiration date].

Modifications or Variations 2.1.1 Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. The prior written consent of MCC is required for modifications that (a) increase the value of the Contract; or (b) change the scope of Services or duration of the Contract resulting in a cumulative (together with previous modifications) change in the price of the Contract of ten percent (10%) or more.

2.1.2


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Force Majeure

Definition 2.1.3 For the purposes of this Contract, “Force Majeure” means an event or condition that (a) is not reasonably foreseeable and is beyond the reasonable control of a Party, and is not the result of any acts, omissions or delays of the Party relying on such event of Force Majeure, (or of any third person over whom such Party has control, including any sub-consultant), (b) is not an act, event or condition the risks or consequence of which such Party has expressly agreed to assume under this Contract, (c) could not have been prevented, remedied or cured by such Party’s reasonable diligence, and (d) makes such Party’s performance of its obligations under this Contract impossible or so impractical as to be considered impossible under the circumstances.

No Breach of Contract

2.1.4 The failure of a Party to fulfill any of its obligations under this Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as practicable (and in no event later than five (5) days after the occurrence) about the occurrence of an event giving rise to a claim of Force Majeure.

Measures to be Taken

2.1.5 Subject to Section 2.5.6, a Party affected by an event of Force Majeure shall continue to perform its obligations under this Contract as far as is reasonably practical, and shall take all reasonable measures to minimize and otherwise mitigate the consequences of any event of Force Majeure.

2.1.6 A Party affected by an event of Force Majeure shall provide evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible.

2.1.7 Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.1.8 During the period of its inability to perform the Services as a result of an event of Force Majeure, the Consultant, upon instructions by MCA Namibia, shall either:

(o) demobilize, in which case the Consultant shall be reimbursed for additional costs that the Consultant


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reasonably and necessarily incurred and, if the Consultant is required by MCA Namibia to reactive performance of the Services at the time of restoration of normal conditions, the additional costs the Consultant reasonably and necessarily incurred as part of such reactivation; or

(p) continue with the Services to the extent possible, in which case the Consultant shall continue to be paid under the terms of this Contract and be reimbursed for additional costs reasonably and necessarily incurred.

Suspension MCA Namibia may, by giving thirty (30) days’ written notice to the Consultant, suspend all payments to the Consultant under this Contract if the Consultant fails to perform any of the Consultant’s obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (a) shall specify the nature of the failure, and (b) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of suspension.

Termination/ Suspension

By MCA Namibia 2.1.9 Without prejudice to any other remedies that may be available to it for breach of this Contract:

2.1.10 MCA Namibia may terminate this Contract upon written notice to the Consultant, and such termination shall become effective immediately upon delivery of the notice (or on such other date as may be specified by MCA Namibia in such notice):

(q) if the Consultant, in the judgment of MCA Namibia or MCC, fails to perform the Consultant’s obligations relating to the use of funds set out in Article III. In such event the Consultant shall repay any and all funds so misused within a maximum of thirty (30) days after termination;

(r) if the Consultant becomes insolvent or bankrupt;

(s) if the Consultant, in the judgment of MCA Namibia has engaged in corrupt, fraudulent, coercive, collusive, prohibited, obstructive or practices in competing for or in the performance of this Contract or another MCC-funded contract;

(t) if an event exists or occurs that would give rise to the expiration, suspension or termination in whole or in part of the Compact in accordance with the terms of the Compact; or

(u) if suspension or termination is permitted under Applicable Law.

2.1.11 MCA Namibia may terminate this Contract, upon written notice to the Consultant, and such termination shall


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become effective 30 days after delivery of the notice or on such later date as may be specified by MCA Namibia in such notice (except in the case of clause (a) below where termination shall become effective immediately upon expiration of the cure period):

(v) if the Consultant does not remedy a failure in the performance of the Consultant’s obligations under this Contract (other than failure to perform obligations relating to use of funds as set forth in Section 2.7.2(a) of this Contract, which such failure shall not be entitled to a cure period) within thirty (30) days after delivery of the notice of termination or within any further period of time approved in writing by MCA Namibia;

(w) if, as the result of an event of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days;

(x) if MCA Namibia, in its sole discretion and for any reason whatsoever, decides to terminate this Contract;

(y) if the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Section 6.

2.1.12 MCA Namibia may also suspend this Contract if any of the events specified in Sections 2.7.2(d) or (e) occurs. In such case, the Consultant has an obligation to mitigate all expenses, damages and losses to MCA Namibia during the period of the suspension.

By the Consultant 2.1.13 The Consultant may terminate this Contract, upon written notice to MCA Namibia after the occurrence of any of the events specified in paragraphs (a) through (e) of this Section 2.7.5, and such termination shall become effective 30 days after delivery of the notice (except that in the case of clauses (a) and (d) below the termination shall not take effect if the payment or reimbursement that is the subject of the termination notice is made during such 30 days):

(z) If MCA Namibia fails to pay any money due to the Consultant pursuant to this Contract that is not otherwise subject to dispute pursuant to Section 6 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue.

(aa) If, as the result of an event of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

(bb) If MCA Namibia fails to comply with any final decision


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reached as a result of arbitration pursuant to Section 6.

(cc) If the Consultant does not receive a reimbursement of any Taxes that are exempt under the Compact within one hundred and twenty (120) days after the Consultant gives notice to MCA Namibia that such reimbursement is due and owing to the Consultant.

(dd) If this Contract is suspended in accordance with Section 2.7.4 for a period of time exceeding three (3) consecutive months; provided that the Consultant has complied with the Consultant’s obligation to mitigate in accordance with Section 2.7.4 during the period of the suspension.

Payment upon Termination 2.1.14 Upon termination of this Contract pursuant to Sections 2.7.2, 2.73 or 2.7.5, MCA Namibia shall make, or cause to be made, the following payments to the Consultant:

(ee) payment pursuant to Section 5 for Services satisfactorily performed prior to the effective date of termination; and

(ff) except in the case of termination pursuant to clauses (a) through (c) of Section 2.7.2 and clauses (a) and (d) of Section 2.7.3, reimbursement of any reasonable cost (as determined by MCA Namibia or MCC) incidental to the prompt and orderly termination of this Contract; provided, that in the case of suspension of this Contract pursuant to Section 2.7.4, the Consultant has complied with the Consultant’s obligation to mitigate in accordance with such Section.

Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Section 2.7, or upon expiration of this Contract pursuant to Section 2.3, all rights and obligations of the Parties under this Contract shall cease, except (a) such rights and obligations as may have accrued on the date of termination or expiration, (b) the obligation of confidentiality set forth in Section 3.3, (c) the Consultant’s obligation to permit inspection, copying and auditing of the Consultant’s accounts and records set forth in Sections 3.6 and 3.7 and Article III and (d) any right or obligation which a Party may have under Applicable Law.

3. Obligations of the Consultant

General

Standard of Performance 3.1.1 The Consultant shall perform the Services and carry out the

Consultant’s obligations under this Contract with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ


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appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to MCA Namibia, and shall at all times support and safeguard MCA Namibia’s legitimate interests in any dealings with third parties.

Law Governing Services

3.1.2 The Consultant shall perform the Services in accordance with Applicable Law.

Conflict of Interests 3.1.3 The Consultant shall hold MCA Namibia’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or the Consultant’s own interests.

Consultant Not to Benefit from Commissions, Discounts, etc.

3.1.4 The payment of the Consultant pursuant to Section 5 shall constitute the Consultant’s only payment in connection with this Contract and, subject to Section 3.2.3, the Consultant shall not accept for the Consultant’s own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or in the discharge of the Consultant’s obligations under this Contract.

3.1.5 Furthermore, if the Consultant, as part of the Services, has

the responsibility of advising MCA Namibia on the procurement of goods, works or services, the Consultant shall comply with the “MCA Namibia Procurement Rules ” from time to time in effect as posted on the MCA Namibia website, and shall at all times exercise such responsibility in the best interest of MCA Namibia. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of MCA Namibia.

Consultant Not to Engage in Certain Activities

3.1.6 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Services.

Confidential Information; Rights of Use

Confidential Information 3.1.7 Except with the prior written consent of MCA Namibia, or as

may be required to comply with Applicable Law, the Consultant shall not at any time (a) communicate to any person or entity any confidential information acquired in the course of the Services, or (b) make public the recommendations formulated in the course of, or as a result of, the Services.

Rights of Use 3.1.8 The Consultant shall not, without the previous written


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consent of MCA Namibia, disclose this Contract, or any provision of this Contract, or any specification, plan, drawing, pattern, sample or information provided by or on behalf of MCA Namibia in connection therewith, to any person other than a person employed by the Consultant in the performance of this Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

3.1.9 The Consultant shall not, without the previous written consent of MCA Namibia, make use of any document or information related to or delivered in connection with this Contract, except for the purpose of performing this Contract.

3.1.10 Any document related to or delivered in connection with this Contract, other than this Contract itself, shall remain the property of MCA Namibia and shall be returned (including, except as provided in Section 3.4, all the copies) to MCA Namibia on completion of the Consultant’s performance under this Contract.

Documents Prepared by the Consultant to be the Property of MCA Namibia

All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultant under this Contract shall become and remain the property of MCA Namibia, and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to MCA Namibia, together with a detailed inventory thereof in accordance with this Section 3.4 and Section 3.3.4. The Consultant may retain a copy of such documents and software, and use such software for the Consultant’s own use with prior written approval of MCA Namibia. If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of any such computer programs, the Consultant shall obtain MCA Namibia’s prior written approval to such agreements, and MCA Namibia shall be entitled at its discretion to require recovering the expenses related to the development of the program(s) concerned.

Insurance to be taken out by the Consultant

The Consultant (a) shall take out and maintain, at the Consultant’s own cost but on terms and conditions approved by MCA Namibia, professional liability insurance, with a minimum coverage of [insert amount and currency], as well as insurance against the risks, and for the coverage specified in Article III, and (b) at MCA Namibia’s request, shall provide evidence to MCA Namibia showing that such insurance has been taken out and maintained and that the current premiums have been paid.

Accounting, Inspection and Auditing

The Consultant shall keep accurate and systematic accounts and records in respect of the provision of the Services under this Contract, in accordance with the provisions of Article III and internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and


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costs, receipt and use of goods and services and the bases thereof, together with a detailed inventory thereof.

Reporting Obligations The Consultant shall maintain such books and records and submit to MCA Namibia the reports, documents and other information specified in Article III and Appendix B, in the form, in the numbers and within the time periods set forth in such Appendices. The Consultant shall submit to MCA Namibia such other reports, documents and information as may be requested by MCA Namibia from time to time. Final reports shall be delivered in an electronic form specified by MCA Namibia in addition to the hard copies specified in Article III and Appendix B. The Consultant consents to MCA Namibia’s sharing of the reports, documents and information delivered by the Consultant pursuant to this Contract with MCC and the Government.

Description and Approval of Personnel;

The title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the Consultant’s Team Members are described in Appendix C. The Team Members listed by title as well as by name in Appendix C are hereby approved by MCA Namibia.

Consultant’s Actions Requiring MCA Namibia’s Prior Approval

In addition to any modification or variation of the terms and conditions of this Contract pursuant to GCC Sub-Clause 2.4, the Consultant shall obtain MCA Namibia’s prior approval in writing before taking any of the following actions:

(a) any change or addition to the Personnel listed in Appendix C; and

(b) entering into a subcontract with a Sub-Consultant for the performance of any part of the Services.

Obligations with Respect to Subcontracts

Notwithstanding MCA Namibia’s approval for the Consultant to enter into a subcontract pursuant to GCC Clause 3.9, the Consultant shall retain full responsibility for the Services. In the event that any Sub-Consultants are found by MCA Namibia to be incompetent or incapable in discharging assigned duties, MCA Namibia may require that the Consultant provide a replacement, with qualifications and experience acceptable to MCA Namibia, or to resume the performance of the Services itself.

Use of Funds The Consultant shall ensure that the Consultant’s activities do not violate provisions relating to use of funds and environmental guidelines, as set out in Article III.

4. Obligations of MCA Namibia

Assistance and Exemptions

MCA Namibia shall use its best efforts to ensure that the Government shall:

(c) Provide the Consultant with work permits and such other documents as shall be necessary to enable the Consultant to perform the Services.

(d) Arrange for the Consultant and, if appropriate, the


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Consultant’s eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in Namibia.

(e) Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Consultant and the Consultant’s eligible dependents.

(f) Exempt the Consultant from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law.

(g) Grant to the Consultant the privilege, pursuant to Applicable Law, of bringing into Namibia reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Consultant and the Consultant’s dependents and of withdrawing any such amounts as may be earned therein in the execution of the Services.

Access to Land MCA Namibia warrants that the Consultant shall have, free of charge, unimpeded access to all land in Namibia in respect of which access is required for the performance of the Services.

Change in the Applicable Law Related to Taxes and Duties

If, after the date of this Contract, there is any change in the Applicable Law with respect to Taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, payments to the Consultant shall not be adjusted. However, the provisions of Section 1.8.5 shall be applicable in such a situation.

Services, Facilities and Property of MCA Namibia

MCA Namibia shall make available to the Consultant , for the purposes of performing the Services and free of any charge, the services, facilities and property described in Appendix E at the times and in the manner specified in Appendix E.

Payment In consideration of the Services performed by the Consultant under this Contract, MCA Namibia shall make to the Consultant payments in the manner provided in Section 5.

Counterpart Personnel 4.1.1 MCA Namibia shall make available to the Consultant free of charge such professional and support counterpart personnel, to be nominated by MCA Namibia with the Consultant’s advice, if specified in Appendix E.

4.1.2 Professional and support counterpart personnel, excluding MCA Namibia’s liaison personnel, shall work under the exclusive direction of the Consultant. If any member of the counterpart personnel fails to perform adequately any work assigned to such member by the Consultant that is consistent with the position occupied by such member, the Consultant may request the replacement of such member, and MCA Namibia shall not unreasonably refuse to act upon


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such request.

5. Consultant Compensation

Contract Price Except as provided in Section 5.5, the total payment due to the Consultant for the performance of the Services (the “Contract Price”) shall be [insert amount]. The Contract Price is an all-inclusive fixed-price, lump-sum covering all costs required to provide the Services in accordance with the terms of this Contract. The Contract Price may only be increased if the Parties have agreed to additional payments in accordance with Sections 2.4 and 5.4.

Currency of Payment Payments shall be made in US Dollars, or Namibia Dollars or if justified for sound business reasons and approved by MCA Namibia, a combination of the two currencies.

Terms, Conditions and Mode of Billing and Payment

Payments will be made to the account of the Consultant and according to the payment schedule stated in Appendix D and against an invoice. Any other payment shall be made after the conditions listed in Appendix D for such payment have been met, and the Consultant has submitted an invoice to MCA Namibia specifying the amount. In all cases, invoices shall be delivered to MCA Namibia no later than 30 days prior to the requested payment date and will not be deemed delivered until they are in form and substance satisfactory to MCA Namibia. Payments will be made to the Consultant within thirty (30) days of the date of receipt by MCA Namibia of a valid and proper invoice or the date of MCA Namibia’s acceptance of required deliverables (e.g., the delivery of reports), whichever is later. The Consultant shall comply with any other instructions related to payment as may be reasonably requested by MCA Namibia.

Payment for Additional Services

For the purposes of determining the remuneration due for additional services as may be granted under Section 2.4, a breakdown of the Contract Price (lump sum) is provided in Appendix D.

Interest on Delayed Payments

If MCA Namibia has delayed payments beyond thirty (30) days after the payment date determined in accordance with Section 5.3, interest shall be paid to the Consultant for each day of delay at the average Prime Rate of the Bank of Namibia during the period of delay plus 3 (three) percentage points..

Working Hours, Overtime, Leave, etc.

5.1.1 Working hours and holidays for the Consultant are set forth in Appendix D.

5.1.2 The Consultant shall not be entitled to reimbursement for overtime nor for its Team Members to take paid sick leave or vacation leave except as specified in Appendix D, and except as specified in Appendix D, the Consultant’s remuneration shall be deemed to cover these items.


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6. Settlement of Disputes

Amicable Settlement The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of this Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.

Dispute Resolution (a) Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after the receipt by one Party of the other Party’s request for such amicable settlement shall be finally settled by arbitration under the UNCITRAL rules of arbitration (the “Arbitration Rules”) by a single arbitrator appointed in accordance with the Arbitration Rules. The arbitration will be held in Windhoek, Namibia and shall be conducted in English. The arbitrator shall maintain a written transcript of the proceedings or hearings and render a reasoned written award.

(b) MCC has the right to be an observer to any arbitration proceeding associated with this Contract, at its sole discretion, but does not have the obligation to participate in any arbitration proceeding. Whether or not MCC is an observer to any arbitration associated with this Contract, the Parties shall provide MCC with written English transcripts of any arbitration proceedings or hearings and a copy of the reasoned written award within ten (10) days after (a) each such proceeding or hearing or (b) the date on which any such award is issued. MCC may enforce its rights under this Contract in an arbitration conducted in accordance with this provision or by bringing an action in any court that has jurisdiction. The acceptance by MCC of the right to be an observer to the arbitration shall not constitute consent to the jurisdiction of the courts or any other body of any jurisdiction or to the jurisdiction of the arbitrator.

7. Compact Conditionalities

Required Provisions For the avoidance of doubt, the Parties agree and understand that the provisions set forth in Article III reflect certain obligations of the Government and MCA Namibia under the terms of the Compact and related documents that are also required to be transferred onto any consultant, sub-consultant or associate who partakes in procurements or contracts in which MCC funding is involved and that, as with other sections of this Contract, the provisions of Article III are binding obligations under this Contract.

Flow Through Provisions In any sub-contract or sub-award entered into by the Consultant, as permitted by the terms of this Contract, the


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Consultant shall ensure the inclusion of all the provisions contained in Article III in any agreement related to such sub-contract or sub-award.


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III. Additional Provisions of Contract

Capitalized terms that are used but not defined in this Appendix shall have the meaning given to them in the Contract, in the Compact or related agreements.

MCA Namibia is responsible for the oversight and management of the implementation of the Compact on behalf of the Government, and intends to apply a portion of the proceeds of the Compact to eligible payments under this Contract, provided that (a) such payments will only be made at the request of and on behalf of MCA Namibia and as authorized by the Fiscal Agent, (b) MCC shall have no obligations to the Consultant under the Compact or this Contract, (c) such payments will be subject, in all respects, to the terms and conditions of the Compact, and (d) no party other than the Government and MCA Namibia shall derive any rights from the Compact or have any claim to MCC Funding.

A. MCC Status; Reserved Rights; Third-Party Beneficiary 1. MCC Status.

MCC is a United States Government corporation acting on behalf of the United States Government in the implementation of the Compact. As such, MCC has no liability under this Contract, and is immune from any action or proceeding arising under or relating to this Contract. In matters arising under or relating to this Contract, MCC is not subject to the jurisdiction of the courts or any other juridical or other body of any jurisdiction.

2. MCC Reserved Rights.

(a) Certain rights are expressly reserved to MCC under this Contract, the Compact and other related Compact documents, including the right to approve the terms and conditions of this Contract, as well as any amendments or modifications hereto, and the right to suspend or terminate this Contract.

(b) MCC, in reserving such rights under this Contract, the Compact or other related Compact

documents, has acted solely as a funding entity to assure the proper use of United States Government funds, and any decision by MCC to exercise or refrain from exercising these rights shall be made as a funding entity in the course of funding the activity and shall not be construed as making MCC a party to this Contract.

(c) MCC may, from time to time, exercise its rights, or discuss matters related to this Contract

with the Parties or the Government, as appropriate, jointly or separately, without thereby incurring any responsibility or liability to any party.

(d) Any approval (or failure to approve) or exercise of (or failure to exercise) any rights by MCC

shall not bar the Government, MCA Namibia, MCC or any other person or entity from asserting any right against the Consultant, or relieve the Consultant of any liability which the Consultant might otherwise have to the Government, MCA Namibia, MCC, or any other person or entity. For the purposes of this clause (d), MCC shall be deemed to include any MCC officer, director, employee, affiliate, contractor, agent or representative.

3. Third-Party Beneficiary.

MCC shall be deemed to be a third party beneficiary under this Contract. The Consultant agrees, for the benefit of MCC, to comply with all of the terms of, and all of the Consultant’s obligations under, this Contract. The Consultant acknowledges and agrees to all of the rights provided to or


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reserved for MCC throughout this Contract. Further, in the event that any of MCC’s rights under this Contract are not enforceable by MCC in any jurisdiction or are otherwise invalid for any reason, the Consultant agrees to the fullest extent permitted by law that such rights are hereby granted to MCA Namibia and hereby further agrees and consents to the fullest extent permitted by law to the assignment of those rights by MCA Namibia to MCC.

B. Limitations on the Use or Treatment of MCC Funding The use and treatment of MCC Funding in connection with this Contract does not, and shall not, violate any limitations or requirements specified in the Compact or any other relevant agreement or Implementation Letter or applicable law or United States Government policy. A summary of the applicable provisions referenced in this paragraph may be found on the MCC website at [www.mcc.gov/guidance/compact/funding_limitations.pdf.]19

C. Procurement The Consultant shall ensure that all procurements of goods, services or works under, related to or in furtherance of this Contract shall be consistent with the general principles set forth in the Compact and in the MCA Namibia Procurement Rules (Annex VI to the Compact) from time to time in effect as posted on the MCA Namibia website at [Insert link]. The Consultant shall comply with the eligibility requirements related to prohibited source or restricted party provisions in accordance with U.S. law, regulations and policy, applicable World Bank policies or guidelines and in accordance with other eligibility requirements as may be specified by MCC or MCA Namibia. A summary of the applicable provisions referenced in this paragraph may be found on the MCC website at [www.mcc.gov/guidance/compact/procurement_awards_provisions.pdf].20 D. Reports and Information; Access; Audits; Reviews 1. Reports and Information.

The Consultant shall maintain such books and records and provide such reports, documents, data or other information to MCA Namibia in the manner and to the extent required by the Compact or related documents and as may be reasonably requested by MCA Namibia from time to time in order to comply with its reporting requirements arising under the Compact or related documents. MCC may freely use any information it receives in any report or document provided to it in any way that MCC sees fit. The provisions of the Compact and Program Implementation Agreement that are applicable to the Government in this regard shall apply, mutatis mutandis, to the Consultant as if the Consultant were the Government under the Compact. A summary of the applicable provisions referenced in this paragraph may be found on the MCC website at [www.mcc.gov/guidance/compact/audits_reviews_provisions.pdf].21

2. Access; Audits and Reviews.

Upon MCC’s request, the Consultant shall permit such access, audits, reviews and evaluations as provided in the Compact or related documents. The provisions of the Compact and Program Implementation Agreement that are applicable to the Government with respect to access and audits shall apply, mutatis mutandis, to the Consultant as if the Consultant were the Government under the Compact. A summary of the applicable provisions referenced in this paragraph may be

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Prior to finalizing this as part of a specific contract, confirm that it remains the proper link. 20


Prior to finalizing this as part of a specific contract, confirm that it remains the proper link.


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found on the MCC website at [www.mcc.gov/guidance/compact/audits_reviews_provisions.pdf].22

3. Application to Providers.

The Consultant shall ensure the inclusion of the applicable audit, access and reporting requirements in the Consultant’s contracts or agreements with other providers in connection with this Contract. A summary of the applicable requirements may be found on the MCC website at [www.mcc.gov/guidance/compact/audits_reviews_provisions.pdf].23

E. Compliance with Anti-Corruption, Anti-Money Laundering and Terrorist Financing Statutes and

Other Restrictions 1. The Consultant shall ensure that no payments have been or will be made by the Consultant to

any official of the Government, MCA Namibia, or any third party (including any other government official) in connection with this Contract in violation of the United States Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. 78a et seq.) (the “FCPA”) or that would otherwise be in violation of the FCPA if the party making such payment were deemed to be a United States person or entity subject to the FCPA, or similar statute applicable to this Contract, including any local laws. The Consultant affirms that no payments have been or will be received by any official, employee, agent or representative of the Consultant in connection with this Contract in violation of the FCPA or that would otherwise be in violation of the FCPA if the party making such payment were deemed to be a United States person or entity subject to the FCPA, or similar statute applicable to this Contract, including any local laws.

2. The Consultant shall not provide material support or resources directly or indirectly to, or

knowingly permit MCC Funding to be transferred to, any individual, corporation or other entity that the Consultant knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (i) on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofac, (ii) on the consolidated list of individuals and entities maintained by the “1267 Committee” of the United Nations Security Council, (iii) on the list maintained on www.epls.gov or (iv) on such other list as MCA Namibia may request from time to time. For purposes of this provision, “material support and resources” includes currency, monetary instruments or other financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

3. The Consultant shall ensure that the Consultant’s activities under this Contract comply with all

applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, U.S. sanctions laws, restrictive trade practices, boycotts, and all other economic sanctions promulgated from time to time by means of statute, executive order, regulation or as administered by the Office of Foreign Assets Control of the United States Treasury Department or any successor governmental authority, including, 18 U.S.C. § 1956, 18 U.S.C. § 1957, 18 U.S.C. § 2339A, 18 U.S.C. § 2339B, 18 U.S.C. § 2339C, 18 U.S.C. § 981, 18 U.S.C. § 982, Executive Order

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13224, 15 C.F.R. Part 760, and those economic sanctions programs enumerated at 31 C.F.R. Parts 500 through 598 and shall ensure that the Consultant’s activities under this Contract comply with any policies and procedures for monitoring operations to ensure compliance, as may be established from time to time by MCC, MCA Namibia, the Fiscal Agent, or the Bank, as may be applicable. The Consultant shall verify, or cause to be verified, appropriately any individual, corporation or other entity with access to or recipient of funds, which verification shall be conducted in accordance with the procedures set out in the MCC Program Procurement Guidance paper entitled “Excluded Parties Verification Procedures in MCA Entity Program Procurements” that can be found on MCC’s website at www.mcc.gov. The Consultant shall (A) conduct the monitoring referred to in this paragraph on at least a quarterly basis, or such other reasonable period as MCA Namibia or MCC may request from time to time and (B) deliver a report of such periodic monitoring to MCA Namibia with a copy to MCC.

4. Other restrictions on the Consultant shall apply as set forth in the Compact or related documents

with respect to any activities in violation of other applicable U.S. laws, regulations, executive orders or policies, any misconduct injurious to MCC or MCA Namibia, any activity contrary to the national security interests of the United States or any other activity that materially and adversely affects the ability of the Government or any other party to effectively implement, or ensure the effective implementation of, the Program or any Project or to otherwise carry out its responsibilities or obligations under or in furtherance of the Compact or any related document or that materially and adversely affects the Program assets or any Permitted Account.

F. Publicity, Information and Marking 1. The Consultant shall cooperate with MCA Namibia and the Government to provide the

appropriate publicity to the goods, works and services provided under this Contract, including identifying Program activity sites and marking Program assets as goods, works and services funded by the United States, acting through MCC, all in accordance with the MCC Standards for Corporate Marking and Branding, available on the MCC website at [http://www.mcc.gov/documents/mcc-marking-corporate-v2.pdf];24 provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC, shall be subject to MCC’s prior written approval and must be consistent with any instructions provided by MCC from time to time in relevant Implementation Letters.

2. Upon the termination or expiration of the Compact, the Consultant shall, upon MCC’s request,

cause the removal of any such markings and any references to MCC in any publicity materials. G. Insurance The Consultant shall obtain insurance or other protections appropriate to cover against risks or liabilities associated with performance of this Contract. The Consultant shall be named as payee on any such insurance. MCA Namibia and, at MCC’s request MCC, shall be named as additional insureds on any such insurance or other guarantee, to the extent permissible under applicable laws. The Consultant shall ensure that any proceeds from claims paid under such insurance or any other form of guarantee shall be used to replace or repair any loss or to pursue the procurement of the covered goods, works and services; provided, however, that at MCC’s election, such proceeds shall be deposited in an account as designated by MCA Namibia and acceptable to MCC or as otherwise directed by MCC.

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http://www.mcc.gov/

http://www.mcc.gov/documents/mcc-marking-corporate-v2.pdf


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H. Conflict of Interest The Consultant shall ensure that no officer, director, employee, affiliate, contractor, subcontractor, agent, advisor or representative of the Consultant participates in the selection, award, administration or oversight of a contract, grant or other benefit or transaction funded in whole or in part (directly or indirectly) by MCC Funding in connection with this Contract, in which (i) the entity, the person, members of the person’s immediate family or household or his or her business partners, or organizations controlled by or substantially involving such person or entity, has or have a financial or other interest or (ii) the person or entity is negotiating or has any arrangement concerning prospective employment, unless such person or entity has first disclosed in writing to the parties under this Contract and MCC the conflict of interest and, following such disclosure, the parties to this Contract agree in writing to proceed notwithstanding such conflict. The Consultant shall ensure that none of the Consultant’s employees, affiliates, contractors, subcontractors, agents, advisors or representatives involved in the selection, award, administration, oversight or implementation of any contract, grant or other benefit or transaction funded in whole or in part (directly or indirectly) by MCC Funding in connection with this Contract shall solicit or accept from or offer to a third party or seek or be promised (directly or indirectly) for itself or for another person or entity any gift, gratuity, favor or benefit, other than items of de minimis value and otherwise consistent with such guidance as MCC may provide from time to time. The Consultant shall ensure that none of the Consultant’s employees, affiliates, contractors, subcontractors, agents, advisors or representatives engage in any activity which is, or gives the appearance of being, a conflict of interest in connection with this Contract. Without limiting the foregoing, the Consultant shall comply, and ensure compliance, with the applicable conflicts of interest and ethics policies of MCA Namibia as provided by MCA Namibia to the Consultant. I. Inconsistencies In the event of any conflict between this Contract and the Compact and/or the Program Implementation Agreement, the term(s) of the Compact and/or the Program Implementation Agreement shall prevail. J. Other Provisions The Consultant shall abide by such other terms or conditions as may be specified by MCA Namibia or MCC in connection with this Contract. K. Flow-Through Provisions In any subcontract or sub-award entered into by the Consultant, as permitted by this Contract, the Consultant shall ensure the inclusion of all the provisions contained in paragraphs (A) through (J) above.


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IV. APPENDICES

APPENDIX A – DESCRIPTION OF SERVICES

Note: Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by MCA Namibia, etc.


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APPENDIX B - REPORTING REQUIREMENTS

Note: List format, frequency, and contents of reports; persons to receive them; dates of submission; etc.


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APPENDIX C – CONSULTANTS TEAM MEMBERS

Note: Insert Expression of Interest Form 2 here.


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APPENDIX D – FEE SCHEDULE/BREAKDOWN OF CONTRACT PRICE

Note: Insert negotiated fee schedule. May be (as negotiated) specified portions of total negotiated fixed lump sum upon delivery and acceptance of specified deliverables/reports or equal monthly instalments of the total negotiated fixed lump sum fee for the assignment. Specify currency (US Dollars or Namibia Dollars).


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APPENDIX E - SERVICES AND FACILITIES TO BE PROVIDED BY MCA NAMIBIA

Note: List here the services, facilities and counterpart personnel to be made available to the Consultant by MCA Namibia.