EAST AFRICA TRADE AND INVESTMENT HUB REQUEST FOR PROPOSALS (RFP) RFP-NAI-0054

EAST AFRICA TRADE AND INVESTMENT HUB REQUEST FOR PROPOSALS (RFP) RFP-NAI-0054 TRAINING ON DEVELOPMENT OF NATIONAL RESIDUE CONTROL PLANS CONSULTANCY SERVICES Issue Date: March 31, 2017 WARNING: Prospective Offerors who have received this document from a source other than the East Africa Trade and Investment Hub, should immediately contact ProcurementTIH@eatradehub.org and provide their name and mailing address in order that amendments to the RFP or other communications can be sent directly to them. Any prospective Offeror who fails to register their interest assumes complete responsibility in the event that they do not receive communications prior to the closing date. Any amendments to this solicitation will be issued and posted by email. Page 1 of 13

Table of Contents Synopsis of the RFP... 3 1.0 Scope of Work and Proposal.... 4 1.1Purpose... 4 1.2 Scope of Work for Services or Technical Specifications... 4 1.4 Instructions for the Preparation of Technical Proposals... 9 1.5 Technical Evaluation Criteria... 9 1.6 Past Performance... 10 1.7 Instructions for the Preparation of Price Proposals... 10 1.7.1 Cost schedule (Summary)... 11 2.0 General Instructions to Offerors... 11 2.1 Basis of Award... 12 2.1.1 Best Value Determination... 12 2.1.2 Responsibility Determination... 12 Page 2 of 13

Synopsis of the RFP RFP No. RFP-NAI-0054 Issue date Friday March 31, 2017 Title Training on Development of National Residue Control Plans Consultancy Services Issuing company DAI Global LLC.- East Africa Trade and Investment Hub Good Man Towers, 5 th Floor, Off Waiyaki Way, Nairobi, Kenya. Email address for submission of questions Email address submission of proposals Deadline for Receipt of Questions Deadline for Receipt of Answers to Questions Deadline for Receipt of Proposals Anticipated Award Type Basis for Award The Issuing Office and Contact Person noted in the above synopsis is the sole point of contact at DAI for purposes of this RFP. Any prospective offeror who fails to register their interest with this office assumes complete responsibility in the event that they do not receive direct communications (amendments, answers to questions, etc.) prior to the closing date. The email address procurementtih@eatradehub.org in the above synopsis is the sole point of contact at DAI Trade Hub project for any questions. We only accept email applications, no hard copies will be accepted. For proposal submissions the email address to use is tenderstih@eatradehub.org. Wednesday April 05, 2017, at 12.00pm East African Time Monday April 10, 2017 at 12.00pm East African Time Tuesday April 18, 2017 at 11.59 pm East African Time Firm Fixed Price Purchase Order. DAI anticipates awarding a Firm Fixed Price Purchase Order. This subcontract type is subject to change during the course of negotiations. A Firm Fixed Price Purchase Order is: An award for a total firm fixed price, for values less than $150,000, for the provision of specific services, goods, or deliverables and is not adjusted if the actual costs are higher or lower than the fixed price amount. Offerors are expected to include all costs, direct and indirect, into their total proposed price. An award will be made based on the Trade Off Method. The award will be issued to the responsible and reasonable offeror who provides the best value to DAI and its client using a combination of technical and cost/price factors. Women led or women owned or women majority employed companies are encouraged to apply. 5 evaluation points will be automatically allocated to businesses that demonstrate they are women-led or employ majority women or women owned. Interested Offerors may obtain a full copy of the RFP which contains detailed instructions for preparation of the proposal from the Trade Hub website http://www.eatradehub.org/opportunities Page 3 of 13

1.0 Scope of Work and Proposal. 1.1 Purpose DAI Global LLC, the implementer of the USAID-funded, East Africa Trade and Investment Hub program (the Hub), invites qualified offerors to submit proposals to provide consultancy services for Strengthening the Coordination Of SPS Matters In EAC, and Drafting Of The EAC SPS Regulations, in fulfillment of the requested specifications detailed in the scope of work below. 1.2 Scope of Work for Services or Technical Specifications A. Background and Justification The East Africa Trade and Investment Hub (the Hub) is the U.S. government s flagship project under the presidential Trade Africa initiative, launched in 2013 to boost trade and investment with and within Africa. The Hub partners with East African and U.S. businesses to attract investment needed to transform the East African private sector into vibrant global trading partners. Improving the region s trade competitiveness, encouraging the diversification of exports beyond natural resources, and promoting broader, more-inclusive economic growth will lead to more food secure and resilient East African communities. The goal of the Hub is to deepen regional integration, increase the competitiveness of select regional agricultural value chains, promote two-way trade with the U.S. under the African Growth and Opportunity Act (AGOA) and facilitate investment and technology to drive trade growth intra-regionally and to global markets. The EAC Food Security Action Plan (2011-2015) singles out Sanitary and Phytosanitary (SPS) measures as a key area in promotion of food and nutrition security in the East African Community (EAC). Recognizing the importance of SPS measures in regional and international trade, EAC partner states have developed and approved the EAC SPS Protocol that provides a legal basis for resolving the SPS related constraints to intra-regional trade. However, the Protocol has yet to be ratified by all the EAC partner states only Kenya, Uganda and Rwanda have ratified the Protocol. In February 2015, the US Government and the EAC partner states, signed a Cooperation Agreement (CA) on sanitary and phytosanitary (SPS) measures, Technical Barriers to Trade (TBT) and Trade Facilitation (TF). Indeed Article 2.1 of the CA outlines a number of areas to be addressed under SPS measures. Among them is a recommendation to build the capacity of EAC Partner States in SPS measures through targeted technical assistance. 1. The Status of SPS in the EAC Region 1.1 Challenges faced in the EAC region EAC Partner States are at different levels in handling SPS matters at the national level. The current status is characterized by unclear and sometimes conflicting/overlapping mandates of institutions; inadequate capacity in laboratories, inspection, negotiation, and enforcement; weak inter-institutional coordination; inadequate funding levels; and lack of coherence between line units and policy objectives. Although SPS issues are crosscutting and multi-sectoral in nature, there is lack of coordination among stakeholders with many currently working in relative isolation -inspection, enforcement, business/investment enablers, and trade facilitation experts - not aligning with wider strategic efforts already underway in many cases at the regional level. Page 4 of 13

While the EAC has put in place a simplified trade regime, EAC Partner States are yet to fully address the challenges of informal trade and the need to facilitate cross-border activity as a means toward achieving greater regulatory compliance. While laws and regulations governing SPS systems are not consistent with modern trends, their implementation has had significant challenges and, in some cases, these laws are just not in place. In general terms, the physical infrastructure is inadequate to address risks and/or analyze hazards at porous borders. While progress has been made toward regional harmonization, there are no clear national level effort to incorporate harmonized standards in domestic legislation and regulation. In order to ensure greater food security in the region, the entire animal and plant health and food safety chain in East Africa needs to be strengthened with a focus on domestic food safety and control of pests and diseases across the region. Lack of capacity to analyze risks, identify and control pests and diseases, combined with ineffective border control regimes, lead to the spread of damaging pests and diseases across the region, affecting productivity, food security and access to markets. In all the EAC Partner States both the national enquiry point (NEP) and national notification authority (NNA) are not functioning as per the provisions of the WTO SPS agreement, hence requires strengthening. Consultations on SPS matters at the regional level, including membership in relevant international standard bodies and the WTO SPS committee is inadequate or non-existent. 1.2 EAC SPS Protocol/EAC SPS BILL The EAC SPS Protocol was developed in line with Article 108 of the EAC Treaty, which requires the Partner States to harmonize SPS measures for pest and disease control. Taking cognizance of the above provisions in Article 108 of the EAC Treaty, Article 38 of the Protocol on the Establishment of the East African Customs Union requires Partner States to co-operate in several areas, including SPS measures in accordance with international best practice. In addition, Article 45(3) of the EAC Common Market Protocol on cooperation in Agriculture and Food Security calls for an effective regime of Sanitary and Phytosanitary (SPS) measures, standards and technical regulations in the region. Lastly the EAC Treaty, Article 81, provides for Partner States to cooperate in Standardization, Quality Assurance, Metrology and Testing (SQMT) matters and Technical regulations to facilitate trade. The EAC SQMT legislation and regulatory framework seeks to protect and improve the health and safety of consumers, the public, and the environment. The EAC Partner States have approved (although not yet fully ratified) the EAC Sanitary and Phytosanitary (SPS) Protocol. The protocol establishes rules for application, which relate to the use of SPS measures, and recognizes the rights of importing countries to implement these measures. The EAC is preparing to implement the regional SPS Protocol that was approved by the EAC Council of Ministers and the Summit. The Protocol is currently undergoing ratification. Ratification is a critical stage in the EAC policy harmonization. The ratification of the EAC SPS protocol by all the EAC partner states will pave the way for the implementation of allied activities as well as the domestication and implementation of the protocol itself by the EAC partner states. Only the Republics of Kenya, Rwanda and Uganda have ratified the Protocol; but the latter (Uganda), is yet to deposit ratification instruments with the EAC Secretariat, so as to complete the process. The Hub continues to support the ratification Page 5 of 13

process in the rest of the EAC partner states. Such support will involve facilitating a series of high-level in the countries meetings under the auspices of the National SPS Committees. 1.3 USG-EAC Cooperation Agreement The U.S. Government and the EAC signed a cooperation agreement (February 26, 2015) on trade facilitation, sanitary and phytosanitary measures, and technical barriers to trade. In summary, the agreement has three specific areas of focus under SPS: a) To develop EAC SPS work plan of priorities; b) To assist EAC Partner States to participate effectively in the WTO notification processes regarding SPS measures; and, c) To build the capacity of EAC Partners States in Sanitary and Phytosanitary Measures through technical assistance. An internal priority list of SPS activities in line with the signed agreement has subsequently been prepared by EAC and partner states for consideration with the Hub s support. Some of the identified priority activities include: (i) Coordination of SPS measures in EAC Partner States including the ratification of the EAC SPS Protocol, drafting of the EAC SPS framework for the Bill and Regulations; (ii) Training in risk assessment; (iii) Training in official controls (iv) Reinforcement of inspection service in accordance with international standards (v) Training in laboratory business planning; and (vi) Training in the development of national residue control plans. B. Capacity Building in the Development of National Control Plans Background The use of pesticides and antibiotics in both the animal and plant sectors is necessary for the control of pests and diseases for improved production and productivity in EAC Partner States. The pests and diseases include insects, crop diseases, animal disease, weeds and other organisms that can reduce the quality and productivity of food unless they are controlled. The use of pesticides/antibiotics has benefits if they are properly selected and applied as recommended. Only when pesticides are properly selected and used can exceedance of the internationally accepted quantity of the chemical, be avoided. The acceptable quantity of pesticide that is present when food is traded, is a value that is known as the maximum residue level, abbreviated to MRL. Different stakeholders in a country have different roles in ensuring that the produce is safe to eat and of an acceptable quality. The burden of responsibility for food safety rests with the industry, i.e., the people who grow, process, transport and store the produce. The role of Competent Authorities is crucial in ensuring that the industry stakeholders follow the recommended procedures that ensure that harvested food is safe. Put simply, the official role is to ensure that the growers and others follow recommendations. If good agricultural practices are followed during production on the farm, MRLs will not be exceeded and food can legally be sold and marketed. However it is important that some checks are made on food to determine the quantity of pesticide residues. This is a back-check that risks are being properly managed. A systematic programme to sample and analyses food is therefore required. This requires a planned strategy, referred to as a residue control plan. It is important that the competent authorities have the technical capacity to prepare and submit residue control plans. Indeed this is a prerequisite for market access to some international markets. Page 6 of 13

A National Residue Control Plan would assist in allocating roles and responsibilities to all stakeholders, particularly the Competent Authorities. It would identify, define, combine and bring together the various responsibilities of the public and private sectors and outline the necessary measures to ensure that residues do not risk EAC Partner States acquiring a poor reputation in regard to pesticide residues as this would undoubtedly threaten the future of fresh produce export earnings. Consequently, residue control plans are needed as tools for confirming compliance with importer/domestic requirements. C. Objectives, Tasks, Deliverables and Expected Results 1.1 Objective: To provide training for SPS stakeholders on the development of national residue control plan. 1.2 Main tasks: i. Preparation of a training manual based on analysis of the requirements for a National Residue Control Plan ii. Conduct a five-day regional training workshop in development of national residue control plans: organization of a training session on programming, planning, implementing and managing official controls. The training will include designing residue monitoring and control plans, calculating the number of samples and analyses to be performed in line with the risk (sampling program for official control); and, iii. Technical assistance follow-up: assist EAC Partner States to draft the national residue monitoring plans. (3 days for each partner state) (The Hub will be responsible for organizing the workshops and associated costs) 1.3 Deliverables: Upon award of a subcontract, the deliverables and deadlines detailed in the below table will be submitted to DAI. All of the deliverables must be submitted to and approved by DAI before payment will be processed. No. Description Due Date 1 National Residue Control Plan Training manual developed in readings for a regional training workshop 2 National Residue Control Plan Training report; at least 30 experts trained on preparation of residue control plans 3 Residues control plan frameworks drafted for each of the EAC Partner States, after technical assistance follow-up meetings Within 10 working days of contract award Report due within 05 working days of completion of training event Within 20 working days of submission of an acceptable and approved National Residue Control Plan Training report Page 7 of 13

1.4 Expected Results The Hub will be initiating the development of the national control plans aimed at meeting the following objectives: (i) To prevent or eliminate direct or indirect risks that may arise for humans, plants and animals, or to minimize these risks to acceptable levels; and (ii) To ensure fair practices regarding trade in feed and food and consumer protection. D. Indicative Methodology Applicants for this assignment are required to develop a detailed methodological approach and a plan/schedule of how the assignment will be executed. In particular, they are expected to do the following: Clearly demonstrate how each of the tasks will be accomplished by elaborating on the activities and other resources needed; Highlight specific constraints that may be faced in the course of executing the tasks and/or assumptions to be made; Provide clear timelines for each of the tasks/activities; Provide cost estimates for each of the task/activity; and, Mobilize for the execution of the tasks/activities as per the timelines. E. Collaboration This assignment will be undertaken under the overall coordination of the Hub s Agriculture and Agribusiness team. F. Period of Performance These assignments are expected to be conducted within a period of 12 months between May 2017 and April 2018. G. Place of Performance The place of performance under this contract is East Africa Community Partner States; Burundi, Kenya, Rwanda, Tanzania, and Uganda. H. Requirements (Profile of Experts) The Hub invites eligible experts to submit bids, demonstrating interest and competency to undertake the assignment. Interested firms must exhibit the required experience, competencies, knowledge, skills and ability to provide strategic guidance and technical foresight in the agricultural sector in general and SPS area in particular. This assignment will require a combination of expertise, but is not limited to the following: 1. One senior expert on pesticide and food safety issues. Expert must be fluent in English with good communication skills both oral and written. - Qualification: At least a Master s Degree in either pesticide science, or plant health, or animal health, or food safety. - The expert must have a detailed working knowledge of the FAO code of conduct on MRL issues with a minimum 15 years professional experience, including international experience in developing countries and especially in the development of residue control plans. 2. One expert on pesticide management and SPS issues. Expert must be fluent in English with good communication skills both oral and written. Page 8 of 13

- Qualification: Pest management/pesticide use specialist familiar with development and implementation of food safety management systems for public and private sectors in the developing world. A minimum of 10 years professional experience, including international experience in developing countries is required. 1.4 Instructions for the Preparation of Technical Proposals Technical proposals from firms shall be submitted via email only to tenderstih@eatradehub.org. Technical proposals shall include the following contents; a) Technical Approach description of the proposed services which meet or exceeds the stated scope of work. The proposal must show how the offeror plans to complete the work and describe an approach that demonstrates the achievement of timely and acceptable performance of the work. b) Management approach description of the offeror s staff assigned to the project. The proposal should describe how the proposed team members have the necessary experience and capabilities to carry out the Scope of work (attach the team members CVs). c) Past Performance Provide a list of at least two (2) recent awards of similar scope and duration. The information shall be supplied as a table, and shall include the legal name and address of the organization for which services were performed, a description of work performed, the duration of the work and the value of the contract, description of any problems encountered and how it was resolved, and a current responsible and knowledgeable representative of the organization, their official email address and official contact phone number. See section 1.6 below. d) References At least two (2) written references specifically referencing assignments of similar nature to this scope. e) Evidence of woman-owned/managed firm, or employs a majority of women 1.5 Technical Evaluation Criteria Each proposal will be evaluated and scored against the evaluation criteria and evaluation sub-criteria, which are stated in the table below. Cost proposals are not assigned points, but for overall evaluation purposes of this RFP, technical evaluation factors other than cost, when combined, are considered approximately equal to cost factors. Mandatory Requirement: a. Existing physical presence in at least one or more of the East Africa Community Partner States; Burundi, Kenya, Rwanda, Tanzania, and Uganda. b. Certified copy of Certificate of incorporation or registration document c. Detailed company profile Evaluation Criteria 1. Technical Approach description of the proposed services which meet or exceeds the stated scope of work. The proposal must show how the offeror plans to complete the work and describe an approach that demonstrates the achievement of timely and acceptable performance of the work. 2 Management approach description of the offeror s staff assigned to the project. The proposal should describe how the proposed team Points 30 Points 30 Points Page 9 of 13

members have the necessary experience and capabilities to carry out the Scope of work (attach the team members CVs). 3. Experience: A minimum of 10 years experience in handling SPS 20 points related issues (the proposal should include details on the work completed, country focus, impact, contract value, date of completion etc.) 4. References: At least two (2) written references specifically 15 points referencing assignments of similar nature to this scope 5. Evidence of woman-owned/managed firm, or employs a majority of women 5 points Total 100 points 1.6 Past Performance Include at least 3 assignments / projects that best illustrate your work experience relevant to this RFP, sorted by decreasing order of completion date. Projects should have been undertaken in the past three years. Projects undertaken in the past six years may be taken into consideration at the discretion of the evaluation committee. # Name of organization and contact information for whom services was provided 1 Duration of Agreement ( start and end date) Assignment undertaken title ( Brief description of tasks done) Client details and Location (contacts name, Email and phone Address) Value of contract (in USD or KES) Countries covered in the assignment ( East Africa Countries (5 2 3 4 1.7 Instructions for the Preparation of Price Proposals Price proposals shall be sent via email to tenderstih@eatradehub.org Provided in the below table is the Price Schedule, for firm-fixed price purchase order. A detailed budget should accompany the price schedule. It is important to note that Value Added Tax (VAT) and any other applicable taxes shall be included in the budget on a separate line, it should also be noted which line items the taxes has been applied to. If the contract is issued from Nairobi, Kenya, these consultant services are eligible for VAT exemption under the DAI prime contract with USAID. The Offeror s invoices will bill DAI inclusive of VAT, based Page 10 of 13

on the invoice DAI will seek VAT exemption through USAID within 30 days of the date of the invoice. DAI will seek VAT exemption from the government per each Invoice and Electronic Tax Receipt (ETR) provided after successful completion of the assignment tasks and deliverables. Once approved by the Government of Kenya DAI will provide the successful Offeror with VAT exemption documentation. Based on these documents repayment of the VAT portion will be made to DAI Global LLC. The offeror is responsible for all applicable taxes and fees, as prescribed under the applicable laws for income, compensation, permits, licenses, and other taxes and fees due as required. 1.7.1 Price schedule (Summary) No. Description Due Date % Payment Disbursement Price (KES/ USD) 1 National Residue Control Plan Training manual developed in readings for a regional training workshop 2 National Residue Control Plan Training report; at least 30 experts trained on preparation of residue control plans 3 Residues control plan frameworks drafted for each of the EAC Partner States, after technical assistance follow-up meetings Within 10 working days of contract award Report due within 05 working days of completion of training event Within 20 working days of submission of an acceptable and approved National Residue Control Plan Training report 30% 30% 40% VAT % Total Cost KES/ USD The cost schedule summary must be accompanied by the following: - A detailed itemized budget costing break-down (preferably in Ms Excel) that captures costs of individual personnel labor, materials, logistics (travel, communications etc.) et al - Detailed budget notes that explain the rational for all the itemized cost factors - Kenyan registered/incorporated companies will be paid in KES currency 2.0 General Instructions to Offerors 2.1 General Instructions Offeror and/or Bidder mean a firm proposing the work under this RFP. Offer and/or Proposal means the package of documents the firm submits to propose the work. Offerors wishing to respond to this RFP must submit proposals, in English, in accordance with the following instructions. Offerors are required to review all instructions and specifications contained in Page 11 of 13

this RFP. Failure to do so will be at the Offeror s risk. If the solicitation is amended, then all terms and conditions not modified in the amendment shall remain unchanged. Issuance of this RFP in no way obligates DAI to award a subcontract. Offerors will not be reimbursed for any costs associated with the preparation or submission of their proposal. DAI shall in no case be responsible for liable for these costs. Proposals are due no later than (insert time), to be submitted via email to the address provided in the instructions. (Late offers will be rejected except under extraordinary circumstances at DAI s discretion.) All proposals submitted shall reference the RFP Number Insert the RFP title in the email subject line. The submission to DAI of a proposal in response to this RFP will constitute an offer and indicates the Offeror s agreement to the terms and conditions in this RFP and any attachments hereto. DAI reserves the right not to evaluate a non-responsive or incomplete proposal. 2.1 Basis of Award 2.1.1 Best Value Determination DAI will review all proposals, and make an award based on the technical and cost evaluation criteria stated above, and select the offeror whose proposal provides the best value to DAI. DAI may also exclude an offer from consideration if it determines that an Offeror is "not responsible", i.e., that it does not have the management and financial capabilities required to perform the work required. Evaluation points will not be awarded for cost. Cost will primarily be evaluated for realism and reasonableness. DAI may award to a higher priced offeror if a determination is made that the higher technical evaluation of that offeror merits the additional cost. DAI may award to an Offeror without discussions. Therefore, the initial offer must contain the Offeror s best cost and technical terms. 2.1.2 Responsibility Determination DAI will not enter into any type of agreement with an Offeror prior to ensuring the Offeror s responsibility. When assessing an Offeror s responsibility, the following factors are taken into consideration: 1. Provide Business registration certificate. 2. Evidence of a DUNS number (explained below and instructions contained in Attachment D). 3. The source, origin and nationality of the products or services are not from a Prohibited Country (explained below). 4. Having adequate financial resources to finance and perform the work or deliver goods or the ability to obtain financial resources without receiving advance funds from DAI. 5. Ability to comply with required or proposed delivery or performance schedules. 6. Have a satisfactory past performance record. 7. Have a satisfactory record of integrity and business ethics. 8. Have the necessary organization, experience, accounting and operational controls and technical skills. 9. Have the necessary production, construction and technical equipment and facilities if applicable. 10. Be qualified and eligible to perform work under applicable laws and regulations. Page 12 of 13

2.2 Proposal Cover Letter A cover letter shall be included with the proposal on the Offeror s company letterhead with a duly authorized signature and company stamp/seal using Attachment B as a template for the format. The cover letter shall include the following items: The Offeror will certify a validity period of 90 days for the prices provided. Acknowledge any solicitation amendments received. 2.3 Questions regarding the RFP Each Offeror is responsible for reading and complying with the terms and conditions of this RFP. Requests for clarification or additional information must be submitted in writing via email or in writing to the Issuing Office as specified in the Synopsis above. No questions will be answered by phone. Any verbal information received from a DAI or (insert Project Acronym) employee or other entity shall not be considered as an official response to any question regarding this RFP. Copies of questions and responses will be distributed in writing to all prospective bidders who are on record as having received this RFP after the submission date specified in the Synopsis above. Page 13 of 13