REQUEST FOR CONSULTANTS QUALIFICATIONS MINISTRY OF EDUCATION BASED MONITORING AND EVALUATION CONSULTANT MCAN/COM/RCQ/5C01001

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1 REQUEST FOR CONSULTANTS QUALIFICATIONS MINISTRY OF EDUCATION BASED MONITORING AND EVALUATION CONSULTANT MCAN/COM/RCQ/5C01001 MCA Namibia (MCA-N) requires the services of an individual consultant (hereinafter referred to as the Consultant ) to provide the following services: Summary of Services The objective of this Request for Consultants Qualifications is to procure the services of an experienced Consultant to (1) build monitoring and evaluation (M&E) capacity at the Ministry of Education (MoE or the Ministry ) and (2) to foster an M&E (i.e., data-driven) culture at MoE. This document sets out the application procedure and the Terms of Reference for the above assignment. Location: Windhoek Anticipated Start Date: 01 April 2011 Duration of Assignment: Full-time (40 hours per week) for one (1) year, with option to renew for an additional year 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) to be considered for the assignment including the date of availability, up-todate CV demonstrating that the Consultant fulfils the minimum requirements described in the TOR, contact details (i.e., address, telephone and fax numbers, 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 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

2 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. Interested Consultants shall submit their responses in the standard MCA-N EOI format (Attachment 1) to: The Procurement Manager, MCA Namibia, Atlas House, 3 rd Floor Room Sam Nujoma Drive Windhoek, Namibia Alternatively they can send their responses electronically to the following address: hshikongo@mcanamibia.org Deadline for the submission of responses: 13h00 on 18 February

3 Attachment 1: Expression of Interest Forms [Location, Date] Mr. Johann Botha Director Procurement MCA Namibia Expression of Interest: Form 1 Dear Sir, Re: Ministry of Education Based Monitoring and Evaluation Consultant Ref: MCAN/COM/RCQ/5C01001 I, 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 hereby submit my Expression of Interest, which will be open for acceptance for a period of 60 (sixty) days. I 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 disqualification. If negotiations are held during the initial period of validity of the Expression of Interest, I undertake to negotiate on the basis of the availability of the proposed team members for the assignment. My Expression of Interest is binding upon myself and subject to the modifications resulting from Contract negotiations, and I undertake, if my 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 understand you are not bound to accept any proposal that you may receive. Yours sincerely, Name and title of Signatory Address of Consultant 3

4 Attachment 1: Expression of Interest Forms Expression of Interest: Form 2 Team Composition and Task Assignments Not Used 4

5 Attachment 1: Expression of Interest Forms 1. Name [Insert full name] 2. Date of Birth [Insert birth date] 3. Nationality [Insert nationality] Expression of Interest: Form 3 Curriculum Vitae (CV) 4. Education [Indicate college/university and other specialized education, giving names of institutions, degrees obtained, and dates of obtainment]. 5. Membership in Professional Associations 6. Other Training [Indicate appropriate postgraduate and other training] 7. Countries of Work Experience [List countries where the consultant has worked in the last ten years] 8. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing] Language Speaking Reading Writing 9. Employment Record [Starting with present position, list in reverse order every employment held by the consultant 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: 10. Work undertaken that best illustrates capability to handle the tasks assigned: [Among the assignments in which the consultant has been involved, indicate the following information for those assignments that best illustrate his/her capability to handle the tasks listed in the TOR] Name of assignment or project: Year Location: Client: Main project features: 5

6 Attachment 1: Expression of Interest Forms Position held: Activities performed: 11. References: [List at least three individual references with substantial knowledge of your work. Include each reference s name, title, phone and 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.] 12. Task assigned for this consultancy: Not Used 13. 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 in the above-mentioned assignment. I further declare that I am able and willing to work for the period foreseen in the above referenced Request for Consultant's Qualifications. Signature Date 6

7 Attachment 2: Terms of Reference 1. Summary of objectives Terms of Reference MoE-BASED M&E CONSULTANT The main function of the consultancy is to build monitoring and evaluation (M&E) capacity at the Ministry of Education (MoE or the Ministry ) and to foster an M&E (i.e., data-driven) culture at MoE. The focus of the consultancy will be on putting in place the conditions and capacities necessary for a culture of data use to emerge and be sustained throughout the Ministry. To achieve this objective, the consultant will be expected to work closely with the Ministry s senior leadership and its M&E staff. A related objective of the consultancy is to contribute to the monitoring and evaluation of the Education and Training Sector Improvement Programme (ETSIP) and Millennium Challenge Account Namibia s (MCA-N s) education project. The consultant will take a lead in researching and evaluating issues of interest to both MoE and MCA-N as guided by MoE and MCA-N research and evaluation priorities. 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 sustainable, transformative 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 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. 7

8 Attachment 2: Terms of Reference 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. 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 3 rd 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 for the detailed Project Descriptions. This TOR is related to the Education Project as well as to MCA Namibia s M&E Plan. 8

9 Attachment 2: Terms of Reference 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 monitoring and evaluation. The Programme is legally governed by the Compact and its supplemental agreements. For additional information please visit Consultancy-Specific Background With the creation of a single ministry responsible for all levels of education and the emergence of ETSIP, MoE has identified the need for a sector-wide M&E approach and related capacity-building. MoE s endeavour takes place in the context of the broader movement by developing country governments to increasingly devote considerable efforts toward strengthening their M&E systems and capacities in order to improve their performance by establishing evidence-based policy-making and budgeting, evidence-based management, and evidence-based accountability. MoE s effort is being complemented by MCA-N s funding of a consultant to assist in kick-starting MoE s M&E division and ensuring that the mechanisms are in place for monitoring and evaluating the Ministry s policies and programmes. 3. General conditions The consultant will be required to be based in Windhoek. Although the consultant will be under contract with MCA-N and will not be part of MoE s establishment, the consultant will be hosted by MoE and will report jointly to the MoE supervisor and to the assigned MCA-N contract manager as well as to the Ministry s management team and its relevant directorates. Working conditions: Work pressure: Forward planning required: Learning required to achieve proficiency: Level of effort and contract period: Leave and other conditions: Office and national, with possible regional and international travel High Short-term, medium-term, and strategic Maximum of one (1) month to acquaint her/himself with the detail of the MCA-N Compact and its various annexed Agreements, relevant MoE policies and plans, the MCA-N Programme (Projects & Activities), ETSIP and the MCC implementation guidelines and procedures. Full-time (40 hours per week) for one (1) year, with option to renew for an additional year Per MCA-N Employee Handbook 4. Scope of work The main function of the MoE-based M&E consultancy is to build M&E capacity at the MoE and to foster a data-driven culture at the Ministry. The focus of the consultancy will be on putting in place 9

10 Attachment 2: Terms of Reference the conditions and capacities necessary for a culture of data use to emerge and be sustained throughout the Ministry, including: fostering M&E system leadership at relevant levels of the Ministry, supporting leaders and managers to create the conditions, implement supports, set expectations and accountability for, and model data driven dialogue in order to create an M&E culture; assessing capacity needs conducting a capacity assessment and/or needs analysis early on in the assignment in order to properly tailor outreach and relationship-building with senior leaders and key staff; creating an action plan for outreach and communications articulating a specific course of action for outreach and communications to key stakeholders both to get input from and target M&E culture-building activities, including outreach about how M&E can be useful in providing data and other information for decision-making, programme corrections, and other key functions and addressing and seeking feedback on how to embed relevant M&E activities within units of the MOE so they are not seen as a stand-alone activities; building and strengthening capacity and structures training leadership and staff based on the findings of the needs assessment and creating opportunities for them to practice using data driven dialogue processes; preparing an M&E toolkit the toolkit should address specific needs identified in the capacity assessment and provide practical templates, models, and guidance on key types of M&E activities; developing a monitoring and evaluation strategy preparing some draft guidelines on monitoring and evaluation of MoE programmes and activities, to provide a framework for M&E applications and providing assistance on specific initiatives to develop an overall monitoring and evaluation strategy with input from a variety of stakeholders, done in conjunction with outreach and communications efforts as well as other activities so that the experiences and results of those efforts could inform strategy development and content; developing an Education Sector M&E Plan providing the framework for education M&E implementation; supporting MoE in the execution of the M&E implementation plans and identifying required changes to (strategic) plans of MoE based on the outcomes of M&E activities by providing relevant and timely advice to the policy designers and programme implementers; advising various sub-programmes of MoE on the monitoring and evaluation of their activities (self-monitoring) and in updating their baselines and targets; preparing and disseminating M&E reports and presenting related findings to MoE management and/or the relevant ETSIP sub-programmes; making timely projections of relevant policy performance trends/indicators, e.g. as enrolment rates, repetition rates and girls transition to secondary education rates, issues of teacher demand and supply; strengthening data governance supporting the Ministry in implementing a programme of active data management and quality control processes and creating policies and procedures to ensure that data holdings are accurate, up-to date, and supported by a system of on going data audits; supporting technology enhancement supporting efforts for a data system where users can easily access up to date, accurate, and usable data. 10

11 Attachment 2: Terms of Reference A related objective of the consultancy is to contribute to the monitoring and evaluation of ETSIP and MCA-N s Education Project. The consultant will provide advice to MoE and MCA-N on data collection efforts in support of M&E for ETSIP and the MCA-N Programme and take a lead in researching and evaluating issues of interest to both MoE and MCA-N as guided by MoE and MCA-N research and evaluation priorities. Some of this work could take the form of initial pilot efforts as a way of building support for M&E gradually by testing out different ideas, demonstrating their usefulness to stakeholders, and gaining experience working within the MoE context. Some possibilities for these pilot activities could include: identifying one MoE programme or activity for an evaluation study, conducting it, and reporting out on the results to stakeholders to serve as a model and point for discussion, including how evaluation results can be applied to decisions on programmes, budget allocations, etc. (this evaluation could be a mid-term assessment of a programme still underway, or a final evaluation of a completed programme, or perhaps both, to illustrate the value of evaluations at each time point); designing and conducting a small quantitative analysis study using EMIS data, to demonstrate how that data can be better leveraged in a useful manner; designing and preparing a monitoring and evaluation plan for a single MoE programme or activity to serve as a point of discussion and possible model for others, e.g., monitoring and evaluating overall performance of the NDP3 s Goal Adequate supply of qualified, productive and competitive labour force and institutions and the sub-sector goal of increased immediate supply of middle-high level skilled labour to meet market demand over the next five years. 5. Reporting structure and requirements (deliverables) On a day-to-day basis and with respect to the deliverables described in sections 5.1 and 5.2 below, the consultant will report to an MoE-based supervisor to be jointly agreed upon by MoE and MCA-N. Per sections 5.1 and 5.2 below, the consultant will also necessarily liaise with MCA-N s Director: M&E (as the assigned contract manager), who in turn collaborate closely with the Director: Education. For illustration purposes, a graphic of the reporting structure is provided below: MoE supervisor MCA-N contract manager (& Director: Education) Consultant The consultant will also submit the following written reports in English and in a widely-recognised format (soft copies should be in recent versions of Microsoft applications or in pdf). 5.1 Monthly work plans and reports Monthly work plans, drafted in consultation with the MoE supervisor, will be submitted prior to the beginning of each monthly period, starting one month after the commencement of the contract. The work plan will consist of an outline of planned activities for the upcoming monthly period, based 11

12 Attachment 2: Terms of Reference on key elements of the scope of work, and must receive the approval of the assigned MCA-N contract manager before being considered final. Monthly reports will consist of short (maximum 5 pages) but comprehensive summaries on the progress on the monthly work plan. (Additional guidance on the structure of the reports will be provided by MoE after consultation with MCA-N.) After review by the MoE supervisor, these reports, along with a detailed timesheet indicating the hours worked on the assignment, shall be submitted to MCA-N no later than the 10 th day of the month following the end of the monthly period covered by each report and will commence one month after the initiation of the contract. Monthly reports must be accepted and approved by the assigned MCA-N contract manager in order for payment to be processed. 5.2 Annual Reports On or before the annual anniversary date of the contract, the consultant shall submit to MoE and MCA-N an annual report that provides a comprehensive overview of the performance of the consultant s services based on the scope of work. Year one s annual report should also include a detailed proposed work plan for the subsequent 12 months to further help MoE shape the M&E system and ensure its sustainability; year two s report should also include a detailed proposed way forward to sustain an M&E culture at MoE into the foreseeable future. 5.3 Performance The consultant will be expected to achieve the milestones specified in each monthly work plan and demonstrate substantial progress toward achievement of such milestones. MCA-N, in consultation with MoE, will use its judgment in determining whether there has been substantial progress toward achievement of objectives and milestones as part of the payment approval process. It will consider outside obstructions, interference, and delays outside of the control of the consultant in deciding whether to approve payments (in part or in full). Payment for work completed in any month in which MCA-N deems substantial progress was not made does not waive MCA-N s right to reject payment in a subsequent monthly period if it deems that substantial progress has not been made. The consultant s performance will be reviewed at the mid-point of the contract (i.e., 6-month mark of a 1-year contract). Deficiencies in performance will be addressed by the consultant as needed. Unsatisfactory performance or inadequate correction of deficiencies may be grounds for termination of the contract. 5.4 Ownership and maintenance of work product All work files, maps, and documents generated for and during this contract shall become the property of MCA-N but may be freely shared with/provided to MoE, as would be expected in the normal course of work. From time to time, MCA-N may ask the consultant to show documents to interested parties, with prior written approval by MCA-N. The copyright and ownership of all project materials will remain with MCA-N. 12

13 Attachment 2: Terms of Reference The consultant shall maintain orderly working files and a comprehensive, computerised log for correspondence, minutes of meetings and conferences, submittal data, inspection and progress reports, invoices, contract documents including amendments, and all other correspondence. Written reports shall include full citations of all outside sources drawn upon, documented appropriately in footnotes and a bibliography. The consultant shall establish and maintain a comprehensive inventory, either hard copy or electronic (preferably both), of all relevant documents made available and collected. The electronic inventory will be provided to MoE and MCA-N upon request, and all related documents will be compiled in usable form and delivered in an organized fashion to MoE at the end of the contract. 6. Payment schedule Payments of the consultancy fee to be agreed with MCA Namibia will be made in equal monthly instalments upon acceptance and approval of the monthly reports by MCA-N. 7. Qualifications Applications are invited from international consultants who can demonstrate strong experience both in (i) statistics/m&e in developing countries (experience in sub-saharan African countries would be a plus) and in (ii) national government level capacity-building (preferably in the education sector). Educational requirements: Experience requirements: Masters in Economics, Statistics or Social Sciences with relevant coursework in economics and statistics; PhD would be an advantage. - Eight (8) years progressively responsible experience in quantitative analysis of programmes, monitoring and evaluation, or related work. - Proven experience with the logical framework approach and other strategic planning approaches and with various M&E methodologies and approaches (including quantitative, qualitative and participatory) - Experience or demonstrated understanding of approaches to M&E and/or statistical capacity building in developing countries, preferably at national government level, and familiarity with and a supportive attitude towards processes of strengthening national, regional, and local entities and building local capacities for selfmanagement. Experience in facilitating learning-oriented analysis sessions of M&E data with multiple stakeholders, information analysis, and report writing. - Experience in data quality reviews and related improvements would be a strong plus. - Experience with cost benefit analysis is an added advantage. - Experience in using statistical analysis software packages and databases is a must. - Experience in the education sector is an added advantage. Required skills and attributes: - Self-driven and motivated with passion for development work. 13

14 Attachment 2: Terms of Reference - Appreciation of development opportunities and challenges in Namibia, with willingness to gain an in-depth understanding thereof. - Ability to quickly become familiar with Namibia s National Development Planning processes, Vision 2030 and ETSIP in particular and a good insight into the various statistical and other tools applied by Government, Development Partners and NGO/CBOs to measure the country s and its people s development performance. - Proven programme management skills, including the ability to manage a variety of tasks and demands, analyse information and report results and priorities. - Proven ability to organize and analyze performance data, conduct data analysis and reporting that reflects progress against a set of indicators and targets, and conduct results reporting. - Ability to generate and analyze relevant reports under time pressure. - Skilled in training, teambuilding, influencing, networking, administration, interpersonal conflict management, political sensitivity, inter-cultural intelligence. - Willingness to undertake regular field visits and interact with different stakeholders, especially primary stakeholders. - Demonstrated ability to work collaboratively with national and international stakeholders and counterparts. - Strong computer skills with functional working knowledge of Microsoft Office applications (particularly Word, Excel and Power Point) as well as statistical software (e.g., STATA, SPSS); experience with MS Project is an added advantage. - Superior organizational and time management skills. - An assertive personality and an ability to manage multiple priorities/demands/interests under tight deadlines. - Excellent command of English (oral & written). - Outstanding character and integrity. - No conflict of interest and commitment to protecting the integrity of MCA-N s programme. 14

15 CONTRACT FORM MCAN/COM/RCQ [ ] CONTRACT FOR INDIVIDUAL CONSULTANT SERVICES LUMP-SUM FOR THE PROVISION OF CONSULTING SERVICES [ ] BETWEEN MILLENNIUM CHALLENGE ACCOUNT NAMIBIA AND [NAME OF CONSULTANT] DATED: 1

16 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 2

17 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. WHEREAS, RECITALS (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: 1. 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. 2. 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. 3

18 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 Name Witnessed By: Signature Name 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 4

19 II. General Terms and Conditions of Contract 1. General Provisions 1.1 Definitions Capitalized terms used in this Contract and not otherwise defined have the meanings given such terms in the Compact or related document. 1.2 Relationship Between the Parties 1.3 Law Governing Contract 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. 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. 1.4 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, , 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. 1.5 Notices 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 , if sent during normal business hours of the recipient Party 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

20 1.5.3 The notice address for each party is: For MCA Namibia: For Consultant: 1.6 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. 1.7 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]. 1.8 Taxes and Duties Except as may be exempted pursuant to the Compact or another agreement related to the Compact, available on the MCA Namibia website, 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 valueadded 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. 6

21 1.8.2 The Consultant, the Consultant s members and their eligible dependents, shall follow the usual customs procedures of Namibia in importing property into Namibia 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 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 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 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). 1.9 Fraud and Corruption Requirements 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 As used in this Section 1.9: (i) (j) 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. collusive practice means a scheme or arrangement between two or more parties, with or without the 7

22 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) (ii) 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 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 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 8

23 Consultant or such other beneficiary having taken timely and appropriate action satisfactory to MCC to remedy the situation 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 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 2.1 Contract Entry into Force 2.2 Effective Date and Commencement of Services 2.3 Expiration of Contract 2.4 Modifications or Variations 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]. The Consultant shall commence the Services on [specify date], which shall be defined as the Effective Date. Unless terminated earlier pursuant to Section 2.7, this Contract shall expire [specify expiration date] 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

24 2.5 Force Majeure Definition No Breach Contract of 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 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 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 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 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 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 10

25 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. 2.6 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. 2.7 Termination/ Suspension By MCA Namibia Without prejudice to any other remedies that may be available to it for breach of this Contract: 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 MCA Namibia may terminate this Contract, upon written 11