IMMERSION STUDY VILLAGE HEADS

Transcription

1 IMMERSION STUDY VILLAGE HEADS 1. PURPOSE 1.1. This Terms of Reference has been prepared for carrying out an in-depth ethnographic study on the perceptions and experiences of Village Heads in the context of administration of Village Law (UU Desa No.6/2014) in the first year of funds being disbursed to villages Under the mandate of the Village Law No.6/2014, the role and responsibilities of Village Leaders has significantly changed and strengthened. The preparedness of Village Leaders, the support they receive and require, and their capacity to manage these new responsibilities vary significantly across regions. In their strengthened role, Village Leaders will directly influence and impact on the quality and inclusiveness of planning and budgeting processes, utilization of funds, reporting and accountability and results and effectiveness of village development more broadly The Directorate for Village Development in the Ministry of Home Affairs responsible for delivering capacity support to village governments is interested to better understand perceptions and experiences at the village level, particularly for village government The outputs of this assignment will be a presentation delivered by the research team and written policy paper capturing key findings for government on Village Leaders perceptions and experiences in the first year. It is intended that this will inform government discussions on implementation and training and other support to village apparatus for BACKGROUND 2.1. The Village Law No.6/2014 provides a stronger legal basis for Indonesia to build on its platform of community-based planning and management for development, as well as ensuring regular transfer of funds for village scale development and service delivery Government transfers to the village will increase to reach their mandated amount of approximately IDR 2.3 billion per village by 2017, representing around 6 percent of the government s annual budget The funds made available under the law present opportunities to directly contribute towards RPJMN targets of reducing poverty to 7-8 percent and the Gini coefficient to 0.36 by 2019 by improving access to frontline services and economic opportunities for the bottom 40 percent of the population It is almost two years since the passing of the Village Law. In September 2015, the majority of village funds remained at the district level. Only around 40 percent of the 74,000+ villages have received their first tranche payment and less than 10 percent have begun to utilize the funds Between July and December 2015 the Ministry of Home Affairs will be delivering its cascade training from the central down to village level to train a total of 236,000 representatives from village apparatus, including village heads, and sub-district officials to support implementation of Village Law. The Ministry of Villages has recently re-trained 11,000 ex- PNPM facilitators to support the closing of PNPM and provide initial support to implementation of Village Law KOMPAK is providing support the government to help the government achieve its objectives of strengthening systems and structures to deliver and manage village funds, and ensure that communities, particularly women and the most marginalized, participate in and benefit from village planning and development processes. KOMPAK is providing policy advice and support to drafting of implementing regulations and, have supported the Page 1

2 government to develop training modules and are supporting the government teams to monitor implementation of training being delivered A number of other programs are also working closely to support the government. The PNPM Support Facility (PSF) provides support to the government through policy advice, support to development of regulations, research and diagnostics studies, and institutional strengthening. The Knowledge Sector Initiative (KSI) are working with research institutes and government to improve the knowledge to policy linkages and capacity of research partners to provide quality and timely evidence and advice. Locally, stakeholders including CSOs such as those supported by the Peduli program, are providing informal training to village governments in select locations to support implementation with a focus on reaching the most marginalized There is no single information management system that captures information and updates in real time enabling the national government to obtain a clear picture of the situation on the ground This study responds to the Government of Indonesia s need for evidence on the progress of implementation of the Village Law at the local level. 3. OBJECTIVES 3.1. This study aims to provide insights to government in to the current perceptions and experiences of the implementation of Village Law from the perspective of village leaders, specifically related to: Understanding of the Village Law and its intentions at the village level, including: the different roles and responsibilities of those engaged in the village and from the subdistrict and district; the village planning and development processes including administrative aspects and approvals; and authorities. Capacity and preparedness of Village Leaders to effectively fulfil their responsibilities in the context of their changing role and responsibilities, their confidence, perceived adequacy of training and support provided and perceptions on the capacities of the village government. Interactions and engagement with the village including experiences with community participation and engagement in the planning processes, support from external facilitators and other support (eg. CSOs) The Directorate for Village Development in the Ministry of Home Affairs, is responsible for training and guidelines for village governments. The findings from this study will be one source of information from the field that will help to better understand some of the experiences, challenges and information gaps in the first year from the perspective of Village Leaders. This will help inform the ministry s discussions on plans for 2016 capacity support, targeting of training, and types of support required as well as socialization about the Village Law The Ministry of Villages, responsible for facilitation in the village, is interested to connect with Village Leaders through an SMS survey gathering real-time data from the field on implementation. KOMPAK has supported to develop a prototype tool that is ready to be piloted in the ministry. Information from this study may provide some insights in to the areas for further exploration with Village Leaders via this real-time data tool Based on findings and government uptake of these findings, this study may be repeated annually and become a longitudinal study for the government to track over time experiences of Village Leaders. 4. SCOPE OF WORK Page 2

3 4.1. The assignment will involve the following stages of work for the research team: Conducting an initial review of available secondary data and national level consultations with reference groups to prepare and finalize field tools for the field work. This may include briefings from the government, KOMPAK team on the context, the Village Law and implementation updates. KOMPAK will provide the names and connect the research team to the reference groups for consultation. Selecting villages for the study that include some or all of the provinces: East Java, West Nusa Tengara (NTB) (a preference for the districts of Lombok Utara, Lombok Timur), Aceh (a preference for the districts of Bener Meriah, Aceh Barat, Bireun), South Sulawesi (a preference for the districts of Pangkep and Bantaeng) and Central Java (a preference for the districts of Brebes, Pekalongan, and Pemalang). Given the nature of the approach and methodology, the names of village will not be made known. Preparing and briefing the field research team. This includes providing background briefings on the context of the Village Law to ensure the research team have key information about the Law and the role of the Village Leaders, as well as some of the updates on implementation and challenges. Conducting immersion field work that involves living with the families of the Village Leaders and using the conversation areas prepared as a basis for discussion, in order to understand their perceptions and experiences in the first year of implementation. The methodology for this immersion approach, including conversation areas, is outlined in Section 5 of this TOR. Conduct detailed de-briefs with the research team to analysis of findings. This may include drawing in experts from the KOMPAK team to better understand and contextualize some of the information and findings (if required). Preparation and submission of a draft report and delivery of a presentation of findings to the reference group for feedback and discussion. KOMPAK will support to arrange this briefing and invite relevant stakeholders from government and non-government networks. Preparation and submit the final report based on discussions and feedback. This also include revising and finalizing (as required) the presentation delivered to the reference group. 5. METHODOLOGY 5.1. The methodology of the study will be an immersion approach that involves the approach: Living with rather than visiting (thereby meeting the family in their own environment, understanding family dynamics and how days and nights are spent); Having conversations rather than conducting interviews (there is no note taking thereby putting people at ease and on an equal footing with the outsider); Learning rather than finding out (suspending judgement, letting people with experience take the lead in defining the agenda and what is important); Centring on the household and interacting with families rather than users, communities or groups; Being experiential in that researchers themselves take part in daily activities (collecting water, cooking, cultivation) and accompany household members ( to work, to school, to market, to health clinic, meetings); Including all members of households; Page 3

4 Using private space rather than public space for disclosure (an emphasis on normal, ordinary lives); Interacting in ordinary daily life with frontline service providers (accompanying host household members in their interactions with local service providers, meeting service providers, e.g. teachers, village secretaries as they go about their usual routines); Taking a cross-sectoral view, although each study has a special focus, the enquiry is situated within the context of everyday life rather than simply (and arguably artificially) looking at one aspect of people s lives; 5.2. The study will explore these issues primarily from the perspectives of Village Leaders and members of the BPD by living with them and their families over several days and nights. The study will also include living with ordinary villagers and interacting with other community members to understand the dynamics between the community and community leadership The conversation areas will be structured around the following areas of interest in order to achieve objectives of the study: Understanding/perception of the intentions of Village Law at village level. The changing role and responsibilities of Village Leaders under the mandates of the Village Law The changing role and responsibilities of the BPD under the mandates of the Village Law Preparedness of Village Leaders and BPD to manage these new responsibilities (skills and information, capacity and confidence, absorptive capacity) including appropriateness and adequacy of government cascade training and other capacity support received. Roles and relationships of Facilitators with village government. Early experience of prioritizing, planning and use of new fund flows to villages. Incentives and disincentives. Community participation and engagement throughout the planning and implementation cycle and BPD and Village leaders role in this. Social accountability The following criteria will be used to select villages to participate in the study: The 122 lagging districts (especially those in East Java and NTT) Village categorisation (i.e. underdeveloped, developing and independent villages) Inclusion of villages with women Village Leaders Inclusion of villages which have actually utilised village funds Inclusion of villages with high alternative sources of revenue Not villages which are part of the 100 sentinel villages covered by the six month PSF/SMERU study. At least one village with high revenue and at least one village that is already utilizing village funds (Alokasi Dana Desa, ADD + Dana Desa, DD) The study will cover at minimum twenty (20) households in minimum eight (8) locations and include villages from East Java and West Nusa Tengara (NTB) The criteria for selection of families (households) to be involved in the study in select locations will be proposed by the research group as part of their proposal but would ensure due process for ensuring families consent and are interested to engage in the process. All researchers are expected to be briefed and formally adhere to Child Protection Policies (i.e. in their signed contracts). Page 4

5 5.7. Background information will be collected on the villages and Village Leaders as well as background information on the roles and responsibilities including relations with the subdistrict and district. 6. TIMELINES AND KEY DELIVERABLES (2015/2016) No Deliverable By When Remarks Final approved design (based on consultations and review) End 2015 Nov To be approved by KOMPAK in discussion with GoI (Dir Village Development, MoHA). Field work Dec 2015 To undertake field research living in the villages. Presentation of preliminary findings (based on field work) Full Narrative Report with annexes End 2015 Dec January 2016 A PPT presentation of key findings to be presented to a multi-stakeholder Reference Group. Incorporating comments and feedback from the presentation session. Final approved report end Jan 2016 Reviewed and approved by KOMPAK in consultation with the Dir. Village Development, MoHA The start date of the assignment is 26 November 2015 and the end date of the assignment is 16 February The above timeline is proposed to ensure that the study is completed early in the implementation of the Village Law before the annual village planning/budgeting cycle which requires intensive involvement of Village Leaders in January Payments will made linked to approval of the key deliverables 1 and 5 in the table above. 7. REQUIREMENTS 7.1. Eligible proposals will include a: 1) technical proposal that addresses Section 4 (Scope of Work) and Section 5 (Methodology); 2) a fully costed budget; and 3) CVs for the key personnel The Terms of Reference will be satisfied by a minimum of four team members from the research organization, including a Technical Advisor and Team Leader. The team composition and skills and attributes of individual team members will be proposed by the research firm aligned with the tasks and deliverables At minimum, the team members proposed by the research firm will require the following skills and experience: The Technical Advisor must have: At least 5 years of relevant experience conducting/advising/quality assuring ethnographic immersion research in Indonesia, and international experience is an advantage. Report writing skills of a high order. The team members including the Team Leader must have at minimum: Demonstrated experience in conducting ethnographic research and appropriate training. Knowledge of Indonesian and additional knowledge of KOMPAK s area of work is an added advantage. For the field team members - fluency in the Indonesian language. 8. REPORTING Page 5

6 8.1. The research firm will report on all technical aspects to the KOMPAK Inclusive Engaged Communities (IEC) Lead who will consult with the Directorate for Village Development, MoHA prior to approval The IEC Lead will approve all deliverables from which the payments against deliverables numbers 1 and 5 in the above section will be made. Approval will be based on discussions with the government 8.3. Contractual and procedural reporting will be to the COB (Operations) office in KOMPAK. 9. RECIPIENTS 9.1. The direct recipients of this work are the Directorate for Village Development in the Ministry of Home Affairs ad KOMPAK The indirect recipients of this work are the Ministry of Villages, and other key ministries of the Government of Indonesia with whom KOMPAK work, as well as the Australian Department of Foreign Affairs and Trade (DFAT). 10. BUDGET The maximum budget available for this activity is AUD 80, CONTRACT 11.1 The contract will be in the form and content of the subcontract template included as per Annex 1 of this TOR Page 6

7 Annex 1 Sub Contract Template Sub Contract G4G KOMPAK [enter title of subcontract, eg. the project which the contractor will deliver] Parties KOMPAK Governance for Growth and [enter Associate] REFERENCE NO. [to be obtained from Contracts] Page 7

8 Table of contents 1 Defined terms and interpretation 11 2 Conditions Precedent to Engagement 11 Not used 11 3 Parties relationship Relationship between parties Authority of parties 11 4 Term 12 5 Provision of Services Associate to provide Services Service standards Compliance with directions, Laws and policies 12 6 Fees Fees Method and timing of payments 13 7 Subcontractors No subcontracting without KOMPAK s approval Associate s obligations in relation to subcontractors 13 8 Specified Personnel and other personnel 14 9 General obligations of Associate Adviser Remuneration Framework Remedy of breaches No representation of affiliation with Client Authorisations and compliance with Laws Conflicts of interest Anti-corruption Fraud Obligations in relation to employees Support of terrorism World Bank Listings Value Added Tax (VAT) Interpretation Consideration is VAT exclusive Increase for VAT Tax invoices Record keeping Records Manner in which Records must be kept Access to Associate s premises and records Reporting Requirements as to financial statements Exception reports and other information Requirements of reports 19 Page 8

9 12.4 Audits Confidentiality Obligations of confidentiality Ownership of Confidential Information Return of Confidential Information Additional obligations of Associate Privacy, Intellectual Property & Publicity Associate s Obligations Intellectual Property rights Associate Information Publicity & Branding Insurance required by Associate Termination of Engagement Termination Termination on notice Termination for default Consequences of termination Waiver of Articles 1266 and 1267 of Indonesian Civil Code Warranties Warranties by parties Additional Associate warranties Resolution of disputes No proceedings Notice of Dispute Best efforts to resolve Dispute Referral to CEOs Termination of Dispute resolution process Breach of this clause Risk and liability Consequential loss Limitation of liability General indemnity General matters Notices Entire agreement Variation Waiver Rights of Client Assignment Novation and substitution Acts of Representatives Further assurances Applicable law Dispute Resolution Provisions can be severed Counterparts Contra proferentem Continuance of rights Language 31 Page 9

10 20.17 Interpretation 31 Schedule A Definitions 32 Schedule B Services 36 Schedule C Fees 37 Schedule D Specified Personnel 39 Schedule E Statement of Confidentiality 40 Schedule F Abt JTA Child Safe Code of Conduct 42 Schedule G Abt JTA Child Safety Policy 45 Execution 46 Page 10

11 Parties KOMPAK Governance for Growth Address Jl. Dipenogoro No. 72, Menteng, Jakarta Pusat, Telephone [Insert KOMPAK s phone number] Facsimile [Insert KOMPAK s fax number] Contact Geoffrey Ashton Elvy Short name KOMPAK [insert Associate s correct name and entity number] Address _ Telephone _ Facsimile _ Contact _ Short name Associate Background 1 Abt JTA Pty Ltd ( Abt JTA ) is a company incorporated in Australia that carries on the business of project management and consulting, specialising in the health sector, both in Australia and internationally. Abt JTA has been contracted by the Client to deliver the Program in Indonesia, namely KOMPAK, and now wishes, through KOMPAK, to sub-contract the Associate to provide Services in relation to the implementation of KOMPAK. This document sets out the terms and conditions on which the Associate will provide the Services. Operative provisions Defined terms and interpretation In this document, capitalised terms have a defined meaning, as set out in Schedule A. The rules of interpretation for this document are set out in clause 0. Conditions Precedent to Engagement Not used Parties relationship Relationship between parties Except where this document expressly states otherwise, this document does not create any relationship between the parties under which a party: is liable generally for the acts or omissions of another party; or may share profits. Authority of parties Except where this document expressly states otherwise, a party: Page 11

12 Term may not hold itself out as a partner of, or principal or agent or trustee of another party; and does not have authority to act for, or to create or assume any responsibility or obligation on behalf of another party. The Engagement commences on the Commencement Date and continues until the earlier of: the Expiry Date; and the date that this document is terminated in accordance with clause 0. Provision of Services Associate to provide Services The Associate will provide the Services to KOMPAK for the Term in accordance with this document. Notwithstanding any other provision of this document, the obligations of the Associate under this document are personal to the Associate, and the Associate must not subcontract performance of the Services, or any part of them, to a third party except with the prior written consent of KOMPAK. Service standards The Associate must perform the Services at a standard that may reasonably be expected of a competent, experienced and professional person in a like position to that of the Associate; and in a manner that will, as far as practicable, facilitate co-operation and effective working relationships between personnel of the Client, Abt JTA, KOMPAK, the Associate and relevant stakeholders in KOMPAK. Compliance with directions, Laws and policies During the Term, the Associate must comply with: except as expressly otherwise provided in this document, all of KOMPAK s obligations under the Head Contract, to the extent that they relate to the provision of the Services; all lawful directions and requests of KOMPAK in connection with the performance of the Services; all policies and procedures of KOMPAK and the Client as notified to the Associate from time to time; and all applicable Laws and regulations of the Republic of Indonesia. If requested by KOMPAK, the Associate must certify in writing, and provide any relevant supporting evidence, that it has complied with its obligations under this clause. Except as expressly provided in this document, the policies and procedures of KOMPAK, Abt JTA and the Client do not form part of this document. To the extent that the Associate is required to do, or to refrain from doing, something in order to comply with a policy or procedure of KOMPAK, Abt JTA or the Client, it is a reasonable direction from KOMPAK with which the Associate must comply. The Associate must fully and truthfully answer any questions asked by KOMPAK or its nominated Representatives, Abt JTA, the Client regarding the Engagement and the Associate s compliance with this document. This obligation continues following expiry of the Term. Page 12

13 Fees Fees In consideration of the Associate providing the Services to KOMPAK, KOMPAK will pay the Associate the Fees in accordance with Schedule C. Method and timing of payments Unless stipulated otherwise in Schedule C, KOMPAK will pay all amounts owing to the Associate in in the currency nominated in Schedule C by deposit into a nominated bank account in the name of the Associate. If no currency is nominated in Schedule C, KOMPAK shall make payment in Australian Dollars unless agreed otherwise. Payments will be made at the times set out in Schedule C or as otherwise determined by KOMPAK acting reasonably. Notwithstanding any other provision of this document, KOMPAK is not required to pay any amount that is disputed in good faith by KOMPAK until the dispute is resolved. Subcontractors No subcontracting without KOMPAK s approval The Associate agrees that: it will not subcontract the performance of any part of the Services without the prior approval in writing of KOMPAK; and the subcontractors, if any, will perform work in relation to the Services in accordance with this Contract and are approved by KOMPAK to do so. KOMPAK may impose any terms and conditions it considers appropriate when giving its approval under letter (a) above. Where an approved subcontractor is unable to perform the work, the Associate agrees to notify KOMPAK immediately. In this case KOMPAK may request the Associate to secure a replacement subcontractor acceptable to KOMPAK at no additional cost and at the earliest opportunity. If the Associate does not comply with any such request KOMPAK may terminate this Contract in accordance with the provisions of clause Associate s obligations in relation to subcontractors In respect of all approved subcontractors the Associate must ensure that: the subcontract facilitates compliance by the Associate with its obligations under this Contract; the subcontract will not conflict with or detract from the rights and entitlements of KOMPAK under this Contract; the other party to the subcontract, has the necessary relevant expertise and the appropriate types and amounts of insurance as well has possessed all of the required and valid licenses to perform work in relation to the Services; the other party to the subcontract has consented to the public disclosure of its name in connection with the performance of the Services; the subcontract contains all the relevant terms of this Contract including those relating to compliance with the Law, Fair Work Principles (if applicable), subcontracting, intellectual property, audit and access, privacy, confidentiality, warranties and indemnities, disclosure and termination and in particular that the Associate has or will Page 13

14 secure for itself a right to terminate the subcontract on terms no less favourable than those accorded to KOMPAK under clause 16, in the event of this Contract being terminated; the other party to the subcontract is prohibited from further subcontracting the Services without the prior written approval of KOMPAK; and if requested, the Associate will promptly provide a copy of the relevant subcontract to KOMPAK. Specified Personnel and other personnel The Associate agrees that the Services will be provided by the Specified Personnel listed in Schedule D. Where Specified Personnel are unable to perform the Services, the Associate must notify KOMPAK immediately. KOMPAK may, at its absolute discretion and acting reasonably, request the Associate to remove Associate Personnel (including Specified Personnel) from work in relation to the Services. KOMPAK may request the Associate to provide replacement personnel acceptable to KOMPAK at no additional cost and at the earliest opportunity. If the Associate does not comply with any such request, KOMPAK may terminate this Contract in accordance with the provisions of clause 16. General obligations of Associate Adviser Remuneration Framework The Associate must comply with all of the requirements of the Adviser Remuneration Framework. Remedy of breaches Without limiting its other obligations under this document, the Associate must remedy at its own cost any failure to comply with any of the Associate s obligations under this document or in connection with the Engagement, promptly upon becoming aware of the failure. No representation of affiliation with Client The Associate must not represent itself as being an employee, agent, or partner of, or associate to, KOMPAK, Abt JTA, Abt JTA s partners and/or the Client. Authorisations and compliance with Laws The Associate must: obtain, comply with and do all that is necessary to maintain in full force and effect any Authorisation required to enable it to perform its obligations under this document and must provide KOMPAK on request with certified copies of any Authorisation; comply in all material respects will all Laws to which it is subject; and promptly notify KOMPAK of any material breach by the Contractor of any Law to which it is subject. Conflicts of interest The Associate must not do, or omit to do, any thing, or allow any state of affairs to subsist, that gives rise (or that could reasonably be expected to give rise) to a conflict between: Page 14

15 the Associate s duties and responsibilities to KOMPAK (and Abt JTA as well as the Client) in connection with the Engagement; and the Associate s own interests or the Associate s obligations to any other person, (a Conflict of Interest), unless the Associate has obtained the prior written consent of KOMPAK. The Associate must immediately inform KOMPAK in writing if any actual or potential Conflict of Interest arises and must comply with all reasonable directions of KOMPAK regarding handling of the matter. Without limiting the forgoing, the Associate must not, in performing the Services, enter into any transaction with any person except on arm s length terms or otherwise with the prior written approval of KOMPAK. Anti-corruption Fraud The Associate undertakes that it will not make or cause to be made, nor will the Associate receive or seek to receive, whether directly or indirectly, any offer, gift or payment, consideration or benefit of any kind, if doing so would or could be construed as an illegal or corrupt act under the laws of the Republic of Indonesia, the Commonwealth, the Partner Country or any other place. The Associate undertakes to not bribe public officials of any jurisdiction and will at all times comply with all applicable anti-corruption laws of the Commonwealth, the Partner Country or any other place. The Associate must immediately inform KOMPAK in writing of any actual or suspected breach of this clause. KOMPAK will be entitled to immediately terminate the Engagement if the Associate breaches this clause. For the purposes of this clause, fraudulent activity or fraud means dishonestly obtaining a benefit by deception or other means, and includes suspected, alleged or attempted fraud. This clause applies to any fraud or fraudulent activity which relates to or is connected with the Project or the Engagement. The Associate must not engage in any fraudulent activity and must immediately report in writing to KOMPAK any actual or suspected fraudulent activity by any person in connection with KOMPAK or the Services of which the Associate becomes aware. The Associate must ensure that all of its Representatives involved in providing the Services are aware of its obligations under this clause. Without limiting any other clause of this document, the Associate must, at its cost, do all things required by KOMPAK to assist KOMPAK, Abt JTA or the Client to: investigate any actual or suspected fraudulent activity; implement remedial or preventative measures; recover any funds or assets of KOMPAK or the Client that have been misappropriated as a consequence of fraudulent activity; report any suspected incidence of fraud to appropriate law enforcement authorities; and Page 15

16 have any person who is suspected of having engaged in fraudulent activity prosecuted or to take legal action against any such person. The Associate must provide such reports regarding its compliance with this clause as KOMPAKmay from time to time require. If either KOMPAK, Abt JTA or the Client reasonably forms the view, following any investigation undertaken by either of them into any actual or suspected fraud, that the Associate or any Representative of the Associate has acted fraudulently, the Associate must: (a) where KOMPAK, Abt JTA or the Client determines that funds have been misappropriated or otherwise lost, repay KOMPAK, Abt JTA or the Client (as KOMPAK directs) the total amount of any misappropriated or lost funds as determined by KOMPAK, Abt JTA or the Client; where KOMPAK, Abt JTA or the Client determines that assets have been misappropriated or lost: return the assets to KOMPAK, Abt JTA or the Client (as KOMPAK directs); or where the original assets cannot be recovered or are damaged beyond reasonable use, pay to KOMPAK, Abt JTA or the Client (as KOMPAK directs) the full value of any misappropriated or lost assets or replace the assets with assets of equal quality; and pay to KOMPAK, Abt JTA or the Client (as KOMPAK directs), on demand, any Loss suffered or incurred by KOMPAK, Abt JTA and the Client as a consequence of the Associate s breach of its obligations under this clause. KOMPAK will be entitled to immediately terminate the Engagement if the Associate breaches this clause. The obligations of the Associate under this clause survive termination of this document. Obligations in relation to employees The Associate must: ensure that its employees fully comply with any applicable obligations of the Associate under this document; and ensure that its employees fully comply with Abt JTA s Child Safety Policy (as included in Schedule G) and Abt JTA s Child Safe Code of Conduct (as included in Schedule F); and comply with all relevant requirements of the Laws in Indonesia with regard to employment, including by: complying with all applicable workplace relations, occupational health and safety and workers compensation laws; ensuring that all employees of the Associate have valid employment contracts with the Associate; enrolling all employees of the Associate with the required National Social Security System (Sistem Jaminan Sosial Nasional/SJSN) with the BPJS Kesehatan and the BPJS Ketenagakerjaan; and being responsible for any and all payment of remuneration, benefits and other payments payable by the Associate to its employees under the relevant employment agreements and/or applicable Laws in Indonesia. Page 16

17 inform KOMPAK of any adverse court or tribunal decision regarding a breach by the Associate of any applicable workplace relations, occupational health and safety and workers compensation laws during the Term and any remedial action the Associate has taken, or proposes to take, as a result of that decision; and provide KOMPAK with any information KOMPAK reasonably requires to confirm that the Associate is complying with applicable Laws in Indonesia. Support of terrorism The Associate must use its best endeavours to ensure that funds provided in relation to the Engagement are not used directly or indirectly to support or resource organisations or individuals denoted by the Commonwealth of Australia or the Republic of Indonesia as being associated with terrorism. The Associate must inform KOMPAK immediately should the Associate reasonably suspect or discover that this has occurred or of any link whatsoever with any organisation or individual associated with terrorism. World Bank Listings The Associate must ensure that neither itself nor any of its associates, agents, personnel, sub-contractors or sub-consultants involved in the delivery of Services are (b) (c) (d) (e) listed on the World Bank Listing of Ineligible Firms & Individuals accessible at ( World Bank List ) or other list similar to the World Bank List maintained by a donor of development funding other than the World Bank ( Relevant List ) or are subject to any proceedings or an informal process which could lead to listing on a World Bank List or other Relevant List; temporarily suspended from tendering for World Bank contracts by the World Bank, pending the outcome of a sanctions process; temporarily suspended from tendering by a donor of development funding other than the World Bank; or the subject of an investigation (whether formal or informal) by the World Bank or another donor of development funding. KOMPAK has the right to terminate this contract immediately if the Associate is in breach of this clause Value Added Tax (VAT) Interpretation In this clause 10: VAT Law means the Law No. 8 of 1983 on Value Added Tax as lastly amended by Law. No. 42 of 2009; and Recipient means a person who receives a taxable supply made under or in connection with this document; and Supplier means a person who makes a taxable supply under or in connection with this document. Other words or expressions that are defined in the VAT Law have the same meaning in this clause 10. Page 17

18 Consideration is VAT exclusive The consideration to be paid or provided for a supply made under or in connection with this document does not include VAT. Increase for VAT Tax invoices Despite any other provision in this document, if VAT is imposed on a supply made under or in connection with this document then: the party who makes the payment or provides the other consideration for the supply must pay the Supplier an additional amount equal to the amount of the payment or value of the consideration multiplied by the rate of VAT; and the additional amount must be paid with the payment or other consideration on which it is calculated. For payments under or in connection with this document: if the payment is to be made on demand, the demand must include a tax invoice; and if the payment is to be made without demand, a tax invoice must be provided to the payer within a reasonable time after the payment is due. Record keeping Records The Associate must at all times maintain full, true, separate and up-to-date records regarding the Engagement that comply with all applicable requirements: in this document; specified by the Client; specified by KOMPAK in writing; or of the Law, (Records). Manner in which Records must be kept The Records must: include a record all receipts and expenses relating to the provision of the Services, including those involving foreign exchange transactions; be kept in a manner that permits them to be conveniently and properly audited; and enable the extraction of all information relevant to the Engagement, and must otherwise be kept and maintained in the manner that KOMPAK may from time to time direct. Subject to the Associate s obligations in relation to Confidential Information below, the Associate must maintain the Records, and keep them within its possession or control, during the Term and for a period of seven years following the expiry of the Term. Page 18

19 Access to Associate s premises and records Reporting During the Term and for a period of seven years following the expiry of the Term, the Associate must, upon request by KOMPAK, Abt JTA or the Client, provide KOMPAK, Abt JTA or the Client (or their nominated Representatives) with access to any premises owned, occupied or used by the Associate and to all Data, Records, accounts, financial information or other material or information relevant to, or connected with, the Services however and wherever stored that are in the possession or control of the Associate, for the purposes of inspection and/or copying. The Associate must grant KOMPAK, Abt JTA or the Client (or their nominated Representatives) the access required by this clause: during the hours of 9am and 5pm on a Business Day; subject to reasonable prior notice; and at no charge. In the event of an actual or anticipated breach of this document, the Associate must grant access immediately upon being requested to do so. Where documents or Records are stored on a medium other than in writing, the Associate must make available on request such facilities as may be reasonably necessary to enable a legible reproduction to be created, for no charge. Requirements as to financial statements Any financial statements provided to KOMPAK pursuant to this document must, except as otherwise provided or as KOMPAK otherwise permits, be prepared in accordance with the accounting standards applicable to the Associate and if not inconsistent with those accounting standards, generally accepted accounting principles and practices in Australia consistently applied. Where there is any change in the basis upon which financial statements that the Associate is required to prepare under this document are prepared, the Associate must provide KOMPAK with sufficient information to assess the change. Exception reports and other information The Associate must report to KOMPAK (and any other necessary party) immediately any actual, perceived or anticipated problems or risks of which the Associate is aware that may have an adverse effect on the performance of the Services. These reports must be provided in accordance with applicable reporting protocols in the Program procedures manuals. The Associate must provide KOMPAK with such other reports relating to the Engagement as required by the Services or as KOMPAK reasonably requests from time to time. Requirements of reports Reports prepared by the Associate (financial or otherwise) must: be provided by the date requested, or if no date is specified, promptly; must be complete and accurate and not contain any information that is misleading or deceptive, or likely to mislead or deceive, and, to the extent not inconsistent with any of the forgoing: Page 19

20 Audits be of a high professional standard, including in relation to report structure, content, drafting and formatting; and contain such information, and be in the format and prepared to the standard, that KOMPAK directs from time to time. If requested by KOMPAK, the Associate must address any comments (from KOMPAK, Abt JTA or the Client) on a report prepared by the Associate. The Associate is responsible for the costs of preparing or updating any report required by this Contract, and KOMPAK may reject and withhold payment for any report which does not conform to the requirements of this Contract until the Associate rectifies the report to KOMPAK s satisfaction. Further reporting requirements may apply if stipulated in Schedule B Services. Where KOMPAK has reasonable concerns regarding the Associate s financial management systems, or its compliance with its accounting or reporting obligations, KOMPAK may by written notice require the Associate to: (f) confirm, by statutory declaration, that the Associate has complied with its obligations under this document including that it has, and/or it has sighted, all documentation necessary to evidence payments to third parties or to support any claims for payment made in connection with the Engagement; provide KOMPAK with any additional documentation necessary to demonstrate its compliance with its obligations under this document, including additional evidence of payments to third parties or to support a claim for payment made in connection with the Engagement; and (g) engage, at the Associate s cost, an independent organisation acceptable to KOMPAK to undertake an audit of the Associate s financial management systems including invoicing procedures in accordance with such terms of reference determined by KOMPAK or otherwise agreed with KOMPAK. The Associate must comply with any notice received under this clause within 10 Business Days. If KOMPAK requires an audit to be undertaken under this clause: (a) (b) the audit must be undertaken according to the standards of the professional body relevant to the particular audit and the standards (if any) detailed in the terms of reference; and KOMPAK may, in its discretion, withhold all payments owing to the Associate pending positive certification by the auditor of the Associate s financial management systems, invoicing procedures and practices. Confidentiality Obligations of confidentiality In this clause 0: Recipient means a party to this document who receives Confidential Information of the other; and Discloser means a party to this document who discloses its Confidential Information to the other. Page 20

21 Subject to clause 0, the Recipient must keep the Confidential Information confidential and must not: use, disclose or reproduce the Confidential Information for any purpose other than for the purposes of complying with its obligations under this document; or without the prior written consent of the Discloser, disclose any of the Confidential Information to any person other than those Representatives of the Recipient who need to know the information for the purposes of this document. The Recipient must take all action reasonably necessary to maintain the confidential nature of the Confidential Information. Without limiting the Recipient s obligations under this clause, it must: establish and maintain effective security measures to safeguard the Confidential Information from unauthorised access, use, copying or disclosure; use the same degree of care as it uses to protect its own confidential information; and promptly notify the Discloser of any potential, suspected or actual unauthorised use, copying or disclosure of the Confidential Information. The Recipient may disclose Confidential Information if: the Discloser has consented in writing to the disclosure and the disclosure is made in accordance with the terms of that consent; or the disclosure is required by the Client in accordance with the Head Contract, by Law, any legally binding order or direction of any Government Agency or to comply with the Client Confidentiality Undertaking. If the Recipient considers that disclosure is required by clause 0, it must, before making the disclosure, to the extent it is reasonably practicable to do so: consult with the Discloser before making the disclosure; and use its best endeavours to agree on the form and content of the disclosure with the Discloser. Ownership of Confidential Information The Recipient acknowledges that: the Confidential Information constitutes valuable and proprietary information of the Discloser; and this document does not grant to the Recipient any licence or other right in relation to the Confidential Information except as expressly provided in this document. Return of Confidential Information Subject to clause 0, within 21 days of a written request by the Discloser, the Recipient must, at its own expense: deliver to the Discloser or, if the Discloser requests, destroy (and certify in writing that destruction), any material that is in the possession, power or control of the Recipient that contains any Confidential Information; and delete any Confidential Information that the Recipient has entered into a computer, database or other electronic means of data or information storage. Page 21

22 Despite anything else in this document, the Recipient may retain material containing Confidential Information to the extent that the Confidential Information necessarily forms part of: any board paper or accompanying memoranda submitted to, or any presentation given at, a meeting of the board of directors of the Recipient or a related entity; the minutes of a meeting of the board of directors of the Recipient or a related entity; or any other document that the Recipient or a Representative of the Recipient is required by Law to keep. Subject to clause 0, to the extent that material containing Confidential Information is copied or stored as a result of automated computer back-up procedures conducted by the Recipient s computer systems, the Recipient may retain that Confidential Information in its archival or back-up computer storage for the period it normally archives backedup computer records. The Recipient may only retain Confidential Information pursuant to clause 0 provided that the Recipient does not access or use that Confidential Information except as expressly permitted under this document. For the purposes of this clause 0, material containing Confidential Information includes: any material created or generated by the Recipient that contains Confidential Information; material in any form of storage from which the Confidential Information can be reproduced; and material in any form in which the Confidential Information is embodied or encoded. Additional obligations of Associate The Associate must: if requested by KOMPAK, execute, and must ensure that every staff member of the Associate engaged in the provision of Services executes in favour of the Client a statement of confidentiality in the form specified in Schedule E (Client Confidentiality Undertaking) and at all times complies with the Client Confidentiality Undertaking; and immediately notify KOMPAK of any potential, actual or suspected breach any of the obligations stipulated under this clause 11 or of the Client Confidentiality Undertaking. Privacy, Intellectual Property & Publicity 1.1 Associate s Obligations The Associate acknowledges it is or may be a contracted service provider within the meaning of the Privacy Act 1988 (Cth) (Privacy Act). The Associate agrees in respect of the provision of the Services pursuant to the Engagement: to comply with the Australian Privacy Principles under the Privacy Act; and to co-operate with any reasonable request or direction of KOMPAK or the Client in relation to an inquiry, audit or other exercise of powers or functions by the Information Commissioner under the Privacy Act or the Privacy Commissioner under the Australian Human Rights Commission Act 1986 (Cth) as applicable. Page 22