Support for the Formulation of a Climate Resilient Green Economy Investment Plan for Ethiopia
Request for Proposal (RFP)
Date: 24th June 2011
Dear Sir/Madam,
Subject: RFP for consultancy work on assessing risk and prioritization of adaptation measures, as part of a process of formulating a Climate Resilient Green Economy Investment Plan [1]
1. You are requested to submit a proposal for assessing risk and prioritization of adaptation measures, as part of a process of formulating a Climate Resilient Green Economy Investment Plan, as per enclosed Terms of Reference (TOR).
2. To enable you to submit a proposal, attached are:
i. Instructions to Offerors …………… . (Annex I)
ii. General Conditions of Contract……. .(Annex II)
iii. Terms of Reference (TOR)………… .(Annex III)
iv. Proposal Submission Form …………..(Annex IV)
v. Price Schedule ……………………….(Annex V)
vi. Performance Bond (Annex VI)
3. Your offer comprising of technical proposal and financial proposal, in separate sealed envelopes, should reach the following address no later than 1August 2011 at 4:00pm local time.
United Nations Development Programme (UNDP)
Attention: Procurement Specialist
Tel: 251 11 55515177
Fax: 251 11 5514599
4. If you request additional information, we would endeavor to provide information expeditiously, but any delay in providing such information will not be considered a reason for extending the submission date of your proposal.
5. You are requested to acknowledge receipt of this letter and to indicate whether or not you intend to submit a proposal.
Yours sincerely,
Assefa Gebrehiwot
Procurement Specialist
Annex I
Instructions to Offerors
A. Introduction
1. General
The Government of Ethiopia has set a vision of becoming both a middle income country and carbon neutral by 2025. To realize this vision, the Office of the Prime Minister (PMO), the Environmental Protection Authority (EPA), and the Ministry of Finance and Economic Development (MOFED), have embarked on a process of defining a Climate Resilient Green Economy (CRGE) strategy that is anchored in the country’s Growth and Transformation Plan (2011-2015). To communicate this strategy, the EPA has developed the CRGE Mission Statement. This document identifies the following necessary components for achieving a climate resilient green economy: the development of CRGE Investment Plan, the establishment of a CRGE Facility to support a CRGE Investment Plan implementation and the development of CRGE Strategy.
Under the political guidance of the Prime Minister’s Office and the technical supervision of EPA, the Green Economy component of the CRGE Investment Plan is under preparation in seven sectors that have high carbon abatement potential – Power Supply, Buildings and Green Cities, REDD+, Agricultural/Soil-based Emissions, Livestock, Transport, and Industry. The first draft of these sectoral green economy investment plans are expected to be ready in July 2011.
The major objective/scope of this assignment is to Establish national team and develop methodology for assessing risk and prioritization of adaptation measures as detailed in the Terms of Reference below:-
2. Cost of proposal
The Offeror shall bear all costs associated with the preparation and submission of the Proposal, the UNDP will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the solicitation.
B. Solicitation Documents
3. Contents of solicitation documents
Proposals must offer services for the total requirement. Proposals offering only part of the requirement will be rejected. The Offeror is expected to examine all corresponding instructions, forms, terms and specifications contained in the Solicitation Documents. Failure to comply with these documents will be at the Offeror’s risk and may affect the evaluation of the Proposal.
4. Clarification of solicitation documents
A prospective Offeror requiring any clarification of the Solicitation Documents may notify UNDP Ethiopia in writing at the organisation’s mailing address or fax number indicated in the RFP. UNDP Ethiopia will respond in writing to any request for clarification of the Solicitation Documents that it receives earlier than two weeks prior to the deadline for the submission of Proposals. Written copies of the organisation’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Offerors that has received the Solicitation Documents.
5. Amendments of solicitation documents
At any time prior to the deadline for submission of Proposals, UNDP Ethiopia may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Offeror, modify the Solicitation Documents by amendment.
All prospective Offerors that have received the Solicitation Documents will be notified in writing of all amendments to the Solicitation Documents.
In order to afford prospective Offerors reasonable time in which to take the amendments into account in preparing their offers, UNDP Ethiopia may, at its discretion, extend the deadline for the submission of Proposals.
C. Preparation of Proposals
6. Language of the proposal
The Proposals prepared by the Offeror and all correspondence and documents relating to the Proposal exchanged by the Offeror and UNDP Ethiopia shall be written in the English language. Any printed literature furnished by the Offeror may be written in another language so long as accompanied by an English translation of its pertinent passages in which case, for purposes of interpretation of the Proposal, the English /French /Spanish translation shall govern.
7. Documents comprising the proposal
The Proposal shall comprise the following components:
(a) Proposal submission form;
(b) Operational and technical part of the Proposal, including documentation to demonstrate that the Offeror meets all requirements;
(c) Price schedule, completed in accordance with clauses 8 and 9
(d) Proposal security.
8. Proposal form
The Offeror shall structure the operational and technical part of its Proposal as follows:
(a) Management plan
This section should provide corporate orientation to include the year and state/country of incorporation and a brief description of the Offeror’s present activities. It should focus on services related to the Proposal.
This section should also describe the organisational unit(s) that will become responsible for the contract, and the general management approach towards a project of this kind. The Offeror should comment on its experience in similar projects and identify the person(s) representing the Offeror in any future dealing with UNDP Ethiopia.
(b) Resource plan
This should fully explain the Offeror’s resources in terms of personnel and facilities necessary for the performance of this requirement. It should describe the Offeror’s current capabilities/facilities and any plans for their expansion.
(c) Proposed methodology
This section should demonstrate the Offeror’s responsiveness to the specification by identifying the specific components proposed, addressing the requirements, as specified, point by point; providing a detailed description of the essential performance characteristics proposed warranty; and demonstrating how the proposed methodology meets or exceeds the specifications.
The operational and technical part of the Proposal should not contain any pricing information whatsoever on the services offered. Pricing information shall be separated and only contained in the appropriate Price Schedules.
It is mandatory that the Offeror’s Proposal numbering system corresponds with the numbering system used in the body of this RFP. All references to descriptive material and brochures should be included in the appropriate response paragraph, though material/documents themselves may be provided as annexes to the Proposal/response.
Information which the Offeror considers proprietary, if any, should be dearly marked “proprietary” next to the relevant part of the text and it will then be treated as such accordingly.
9. Proposal prices
The Offeror shall indicate on an appropriate Price Schedule, an example of which is contained in these Solicitation Documents, the prices of services it proposes to supply under the contract.
10. Proposal currencies
All prices shall be quoted in ETB or US dollars currency.
11. Period of validity of proposals
Proposals shall remain valid for sixty (60) days after the date of Proposal submission prescribed by UNDP Ethiopia, pursuant to the deadline clause. A Proposal valid for a shorter period may be rejected by UNDP Ethiopia on the grounds that it is non-responsive.
In exceptional circumstances, UNDP Ethiopia may solicit the Offeror’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. An Offeror granting the request will not be required nor permitted to modify its Proposal.
12. Format and signing of proposals
The Offeror shall prepare two copies of the Proposal, clearly marking each “Original Proposal” and “Copy of Proposal” as appropriate. In the event of any discrepancy between them, the original shall govern.
The two copies of the Proposal shall be typed or written in indelible ink and shall be signed by the Offeror or a person or persons duly authorised to bind the Offeror to the contract. The latter authorisation shall be indicated by written power-of-attorney accompanying the Proposal.
A Proposal shall contain no interlineations, erasures, or overwriting except, as necessary to correct errors made by the Offeror, in which case such corrections shall be initialled by the person or persons signing the Proposal.
13. Payment
UNDP shall effect payments to the Contractor after acceptance by UNDP of the invoices submitted by the contractor, upon achievement of the corresponding milestones.
D. Submission of Proposals
14. Sealing and marking of proposals
The Offeror shall seal the Proposal in one outer and two inner envelopes, as detailed below.
(a) The outer envelope shall be:
· addressed to –
UNITED NATIONS DEVELOPMENT PROGRANMME
PROCURMENT UNIT
RFP-006-2011
ECA OLD BUILDING, 7TH FLOOR,
AFRICA HALL
MENELIK II AVENUE
P.O.BOX 5580
ADDIS ABABA
ETHIOPIA
marked with –RFP/006/2011: Services for the provision of assessing risk and prioritization of adaptation measures, as part of a process of formulating a Climate Resilient Green Economy Investment Plan
(b) Both inner envelopes shall indicate the name and address of the Offeror. The first inner envelope shall contain the information specified in Clause 8 (Proposal form) above, with the copies duly marked “Original” and “Copy”. The second inner envelope shall include the price schedule duly identified as such.
Note, if the inner envelopes are not sealed and marked as per the instructions in this clause, UNDP Ethiopia will not assume responsibility for the Proposal’s misplacement or premature opening.
15. Deadline for submission of proposals
Proposals must be received by UNDP Ethiopia at the address specified under clause Sealing and marking of Proposals no later than 1st August 2011 day/16:00 hour, local time.
UNDP Ethiopia may, at its own discretion extend this deadline for the submission of Proposals by amending the solicitation documents in accordance with clause Amendments of Solicitation Documents, in which case all rights and obligations of UNDP Ethiopia and Offerors previously subject to the deadline will thereafter be subject to the deadline as extended.
16. Late Proposals
Any Proposal received by UNDP Ethiopia after the deadline for submission of proposals, pursuant to clause Deadline for the submission of proposals, will be rejected.
17. Modification and withdrawal of Proposals
The Offeror may withdraw its Proposal after the Proposal’s submission, provided that written notice of the withdrawal is received by UNDP Ethiopia prior to the deadline prescribed for submission of Proposals.
The Offeror’s withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of clause Deadline for Submission of Proposals. The withdrawal notice may also be sent by telex or fax but followed by a signed confirmation copy.
No Proposal may be modified subsequent to the deadline for submission of proposals.
No Proposal may be withdrawn in the Interval between the deadline for submission of proposals and the expiration of the period of proposal validity specified by the Offeror on the Proposal Submission Form.
E. Opening and Evaluation of Proposals
18. Opening of proposals
The UNDP Ethiopia will open the Proposals in the presence of a Committee formed by the Head of UNDP Ethiopia.
19. Clarification of proposals
To assist in the examination, evaluation and comparison of Proposals, the Purchaser may at its discretion, ask the Offeror for clarification of its Proposal. The request for clarification and the response shall be in writing and no change in price or substance of the Proposal shall be sought, offered or permitted.
20. Preliminary examination
The Purchaser will examine the Proposals to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed, and whether the Proposals are generally in order.
Arithmetical errors will be rectified on the following basis: If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected. If the Offeror does not accept the correction of errors, its Proposal will be rejected. If there is a discrepancy between words and figures the amount in words will prevail.
Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each Proposal to the Request for Proposals (RFP). For purposes of these Clauses, a substantially responsive Proposal is one which conforms to all the terms and conditions of the RFP without material deviations. The Purchaser’s determination of a Proposal’s responsiveness is based on the contents of the Proposal itself without recourse to extrinsic evidence.
A Proposal determined as not substantially responsive will be rejected by the Purchaser and may not subsequently be made responsive by the Offeror by correction of the non-conformity.
21. Evaluation and comparison of proposals
A two-stage procedure is utilised in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal being opened and compared. The price proposal of the Proposals will be opened only for submissions that passed the minimum technical score of 70% of the obtainable score of 1000 points in the evaluation of the technical proposals.
The technical proposal is evaluated on the basis of its responsiveness to the Term of Reference (TOR).
In the Second Stage, the price proposal of all contractors, who have attained minimum 70% score in the technical evaluation will be compared. The contractor will be awarded to the Contractor offering the highest combined scores for technical proposal (70%) and financial proposal (30%).
Technical Evaluation Criteria
|
Summary of Technical Proposal Evaluation Forms |
Score Weight |
Points Obtainable |
Company / Other Entity |
|||||
|
A |
B |
C |
D |
E |
||||
|
1. |
Expertise of Firm / Organisation submitting Proposal |
35% |
350 |
|
|
|
|
|
|
2. |
Proposed Work Plan and Approach |
45% |
450 |
|
|
|
|
|
|
3. |
Personnel |
20% |
200 |
|
|
|
|
|
|
|
Total |
1000 |
|
|
|
|
|
|
Evaluation forms for technical proposals follow on the next two pages. The obtainable number of points specified for each evaluation criterion indicates the relative significance or weight of the item in the overall evaluation process. The Technical Proposal Evaluation Forms are:
Form 1: Expertise of Firm / Organisation Submitting Proposal
Form 2: Proposed Work Plan and Approach
Form 3: Personnel
Note: The score weights and points obtainable in the evaluation sheet are tentative and should be changed depending on the need or major attributes of technical proposal.
|
Technical Proposal Evaluation Form 1 |
Points obtainable |
Company / Other Entity |
|||||
|
A |
B |
C |
D |
E |
|||
|
Expertise of firm / organization submitting proposal |
|||||||
|
|
|||||||
|
1.1 |
Reputation of Organization and Staff (Competence / Reliability) |
40 |
|
|
|
|
|
|
1.2 |
Litigation and Arbitration history |
15 |
|
|
|
|
|
|
1.3 |
General Organizational Capability which is likely to affect implementation (i.e. loose consortium, holding company or one firm, size of the firm / organization, strength of project management support e.g. project financing capacity and project management controls) |
60 |
|
|
|
|
|
|
1.4 |
Extent to which any work would be subcontracted (subcontracting carries additional risks which may affect project implementation, but properly done it offers a chance to access specialized skills. |
40 |
|
|
|
|
|
|
1.5 |
Quality assurance procedures, warranty |
45 |
|
|
|
|
|
|
1.6 |
Relevance of: - Specialized Knowledge - Experience on Similar Programme / Projects - Experience on Projects in the Region Work for UNDP/ major multilateral/ or bilateral programmes |
150 |
|
|
|
|
|
|
|
350 |
|
|
|
|
|
|
|
Technical Proposal Evaluation Form 2 |
Points Obtainable |
Company / Other Entity |
|||||
|
A |
B |
C |
D |
E |
|||
|
Proposed Work Plan and Approach |
|||||||
|
|
|||||||
|
2.1 |
To what degree does the Offer or understand the task, especially in the context of the broader Climate Resilient Green Economy planning process ? |
60 |
|
|
|
|
|
|
2.2 |
Have the important aspects of the task been addressed in sufficient detail? |
30 |
|
|
|
|
|
|
2.3 |
Are the different components of the project adequately weighted relative to one another? |
20 |
|
|
|
|
|
|
2.4 |
Is the proposal based on a survey of the project environment and was this data input properly used in the preparation of the proposal? |
55 |
|
|
|
|
|
|
2.5 |
Is the conceptual framework adopted technically sound and appropriate for the task? |
70 |
|
|
|
|
|
|
2.6 |
Is the scope of task well defined and does it correspond to the TOR, particularly for delivery within the specified timeline? |
120 |
|
|
|
|
|
|
2.7 |
Is the presentation clear and is the sequence of activities and the planning logical, realistic and promise efficient implementation to the project? |
95 |
|
|
|
|
|
|
|
|
450 |
|
|
|
|
|
|
Technical Proposal Evaluation Form 3 |
Points Obtainable |
Company / Other Entity |
|||||||||
|
A |
B |
C |
D |
E |
|||||||
|
|
|||||||||||
|
3.1 |
Task Manager |
|
90 |
|
|
|
|
|
|||
|
|
|
Sub-Score |
|
|
|
|
|
|
|||
|
|
General Qualification |
15 |
|
|
|
|
|
|
|||
|
|
Suitability for the Project |
|
|
|
|
|
|
|
|||
|
- International Experience |
10 |
|
|
|
|
|
|
|
|||
|
- Training Experience |
10 |
|
|
|
|
|
|
|
|||
|
- Professional Experience in the area of specialization |
15 |
|
|
|
|
|
|
|
|||
|
-previous experience managing a similar process in the region or in a developing country |
20 |
|
|
|
|
|
|
|
|||
|
- Knowledge of the region |
10 |
|
|
|
|
|
|
|
|||
|
- Language Qualifications |
10 |
|
|
|
|
|
|
||||
|
|
90 |
|
|
|
|
|
|
||||
|
|
|||||||||||
|
3.2 |
Senior Expert |
|
70 |
|
|
|
|
|
|||
|
|
Sub-Score |
|
|
|
|
|
|
||||
|
|
General Qualification |
15 |
|
|
|
|
|
|
|
||
|
|
Suitability for the Project |
|
|
|
|
|
|
|
|||
|
- International Experience |
5 |
|
|
|
|
|
|
|
|||
|
- Training Experience |
5 |
|
|
|
|
|
|
|
|||
|
- Professional Experience in the area of specialisation |
10 |
|
|
|
|
|
|
|
|||
|
-previous experience managing a similar process in the region or in a developing country |
|
20 |
|
|
|
|
|
|
|||
|
- Knowledge of the region |
5 |
|
|
|
|
|
|
||||
|
- Language Qualifications |
10 |
|
|
|
|
|
|
||||
|
70 |
|||||||||||
|
3.3 |
Expert |
|
|
40 |
|
|
|
|
|
||
|
|
Sub-Score |
|
|
|
|
|
|
||||
|
|
General Qualification |
10 |
|
|
|
|
|
|
|||
|
|
Suitability for the Project |
|
|
|
|
|
|
|
|||
|
- International Experience |
5 |
|
|
|
|
|
|
|
|||
|
- Training Experience |
5 |
|
|
|
|
|
|
|
|||
|
- Professional Experience in the area of specialisation |
10 |
|
|
|
|
|
|
|
|||
|
- Knowledge of the region |
5 |
|
|
|
|
|
|
|
|||
|
- Language Qualification |
|
5 |
|
|
|
|
|
|
|||
|
|
40 |
|
|
|
|
|
|
||||
|
|
|||||||||||
|
|
Total Part 3
|
|
200 |
|
|
|
|
|
|||
F. Award of Contract
22. Award criteria, award of contract
UNDP Ethiopia reserves the right to accept or reject any Proposal, and to annul the solicitation process and reject all Proposals at any time prior to award of contract, without thereby incurring any liability to the affected Offeror or any obligation to inform the affected Offeror or Offerors of the grounds for the Purchaser’s action
Prior to expiration of the period of proposal validity, UNDP Ethiopia will award the contract to the qualified Offeror whose Proposal after being evaluated is considered to be the most responsive to the needs of the organisation and activity concerned.
23. Purchaser’s right to vary requirements at time of award
The Purchaser reserves the right at the time of award of contract to vary the quantity of services and goods specified in the RFP without any change in price or other terms and conditions.
24. Signing of the contract
Within 30 days of receipt of the contract the successful Offeror shall sign and date the contract and return it to the Purchaser.
25. Performance security
Within 30 days of the receipt of the Contract from the Purchaser, the successful Offeror shall provide the performance security on the Performance Security Form provided in the Solicitation Documents and in accordance with the Special Conditions of Contract.
Failure of the successful Offeror to comply with the requirement of Clause 24 or Clause 25 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Proposal security if any, in which event the Purchaser may make the award to the next lowest evaluated Offeror or call for new Proposals.
|
|
Annex II
General Conditions of Contract
1. LEGAL STATUS
The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis UNDP. The Contractor's personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNDP or the United Nations.
2. SOURCE OF INSTRUCTIONS
The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its services under this Contract. The Contractor shall refrain from any action which may adversely affect UNDP or the United Nations and shall fulfil its commitments with the fullest regard to the interests of UNDP.
3. CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES
The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.
4. ASSIGNMENT
The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of UNDP.
5. SUB-CONTRACTING
In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform with the provisions of this Contract.
6. OFFICIALS NOT TO BENEFIT
The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of this Contract.
7. INDEMNIFICATION
The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the Contractor, or the Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract.
8. INSURANCE AND LIABILITIES TO THIRD PARTIES
8.1 The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract.
8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or its equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Contract.
8.3 The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of services under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract.
8.4 Except for the workmen's compensation insurance, the insurance policies under this Article shall:
(i) Name UNDP as additional insured;
(ii) Include a waiver of subrogation of the Contractor's rights to the insurance carrier against UNDP;
(iii) Provide that UNDP shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.
8.5 The Contractor shall, upon request, provide UNDP with satisfactory evidence of
the insurance required under this Article.
E. 9. ENCUMBRANCES/LIENS
The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNDP against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor.
10. TITLE TO EQUIPMENT
Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the
Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear and tear.
11. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS
UNDP shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights, and trademarks, with regard to products, or documents and other materials which bear a direct relation to or are produced or prepared or collected in consequence of or in the course of the
execution of this Contract. At the UNDP's request, the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them to UNDP in compliance with the requirements of the applicable law.
12. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS
The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or the United Nations, or any abbreviation of the name of UNDP or the United Nations in connection with its business or otherwise.
13. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION
13.1 All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of UNDP, shall be treated as confidential and shall be delivered only to UNDP authorized officials on completion of work under this Contract.
13.2 The Contractor may not communicate at any time to any other person, Government or authority external to UNDP, any information known to it by reason of its association with UNDP which has not been made public except with the authorization of UNDP; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract.
14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS
14.1 Force majeure, as used in this Article, means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force which are beyond the control of the Parties.
14.2 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to UNDP, of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify UNDP of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of this Contract. The notice shall include steps proposed by the Contractor to be taken including any reasonable alternative means for performance that is not prevented by force majeure. On receipt of the notice required under this Article, UNDP shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under this Contract.
14.3 If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, UNDP shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days.
15. TERMINATION
15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16 "Settlement of Disputes" below shall not be deemed a termination of this Contract.
15.2 UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.
15.3 In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract. The Contractor shall take immediate steps to terminate the work and services in a prompt and orderly manner and to minimize losses and further expenditures.
15.4 Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, UNDP may, without prejudice to any other right or remedy it may have, terminate this Contract forthwith. The Contractor shall immediately inform UNDP of the occurrence of any of the above events.
16. SETTLEMENT OF DISPUTES
16.1. Amicable Settlement
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL
Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.
16.2. Arbitration
Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this Contract or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, such
dispute, controversy or claim shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining, including its provisions on applicable law. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a
result of such arbitration as the final adjudication of any such controversy, claim or dispute.
PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.
TAX EXEMPTION
18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the Contractor shall immediately consult with UNDP to determine a mutually acceptable procedure.
18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with UNDP before the payment thereof and UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
MINES
20.1The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980.
20.2Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNDP.
OBSERVANCE OF THE LAW
The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract.
AUTHORITY TO MODIFY
No modification or change in this Contract, no waiver of any of its provisions or any additional contractual relationship of any kind with the Contractor shall be valid and enforceable against UNDP unless provided by
an amendment to this Contract signed by the authorized official of UNDP.
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Annex III |
Terms of Reference
Support for the formulation of a Climate Resilient Green Economy Investment Plan for Ethiopia
RFP-006-2011
Objective: Establish national team and develop methodology for assessing risk and prioritization of adaptation measures, as part of a process of formulating a Climate Resilient Green Economy Investment Plan
Deadline for Application: 1 August 2011
Duty Station: Addis Ababa, Ethiopia
Estimated Duration: 1 month (2nd Phase of a three-phase work planned for a total of 90 days of work over 8 months)
Starting Date: As soon as possible
I. Background
The Government of Ethiopia has set a vision of becoming both a middle income country and carbon neutral by 2025. To realize this vision, the Office of the Prime Minister (PMO), the Environmental Protection Authority (EPA), and the Ministry of Finance and Economic Development (MOFED), have embarked on a process of defining a Climate Resilient Green Economy (CRGE) strategy that is anchored in the country’s Growth and Transformation Plan (2011-2015). To communicate this strategy, the EPA has developed the CRGE Mission Statement. This document identifies the following necessary components for achieving a climate resilient green economy: the development of CRGE Investment Plan, the establishment of a CRGE Facility to support a CRGE Investment Plan implementation and the development of CRGE Strategy.
Under the political guidance of the Prime Minister’s Office and the technical supervision of EPA, the Green Economy component of the CRGE Investment Plan is under preparation in seven sectors that have high carbon abatement potential – Power Supply, Buildings and Green Cities, REDD+, Agricultural/Soil-based Emissions, Livestock, Transport, and Industry. The first draft of these sectoral green economy investment plans are expected to be ready in June 2011.
The Climate Resilient component of the CRGE Investment Plan will be developed in three phases.
Phase 1:
- Support the translation and consolidation of the sectoral and sub-national adaptation action plans into a single document (.5 month)
Phase 2:
- Establish national team and develop methodology for assessing risk and prioritization of adaptation measures (1 month)
Phase 3:
- Develop the climate resilient elements of the Climate Resilient Green Economy Investment Plan (1.5 months), and
- Work under phase 3 will also involve combining both the Climate Resilient and Green Economy parts of the Investment Plan into a single coherent document. (1 month)
The outputs under this second phase will be directly based on the outputs from the first phase of this three-phase undertaking.
A team is sought to undertake the task of Establish national team and develop methodology for assessing risk and prioritization of adaptation measures. In developing the methodology, the team will need to match the rigour that has been employed in the preparation of the Green Economy component of the CRGE Investment Plan. The methodology developed should allow for doing robust risk assessment but also enable prioritization of risk and adaption measures and quantification of cost to do cost-benefit analysis.
The full CRGE Investment Plan is due to be completed by end of October 2011.
Scope of work
Establish national team and develop methodology for assessing risk and prioritization of adaptation measures (1 month).
Under the overall guidance and direct supervision of EPA, the team will perform the following tasks:
· Establish an integrated team involving relevant key actors from within Ethiopia who are best suited to contribute to delivery of this task and who will work intensively as a cohesive team between June – September 2011. In composing this team, all relevant work and Adaptation Working Groups already established by EPA associated with the adaptation programs and actions plans cited above should be taken into account.
· Ensure the involvement of a set of national experts in the integrated team such that there will be nationally-based capacity to undertake such work beyond December 2011 after the life of this project.
· Based on the findings of the consolidation work undertaken above -- develop a methodology to assess: (i) the risks faced by Ethiopia (current & future); (ii) magnitude of loss; (iii) how and what adaptation response measures should be prioritized for a CRGE investment plan, particularly based on economic cost benefit analysis and also taking into account all relevant response measures identified by the Government of Ethiopia in its Disaster Risk Management Strategic Programme and Investment Framework (DRM SPIF)
Specific Deliverables
Under Phase 2:
· An integrated team based in Addis Ababa, involving all relevant key actors for climate resilient development investment planning
· Documented methodology for comprehensive assessment of : (i) the risks faced by Ethiopia (current & future); (ii) magnitude of loss; (iii) how and what adaptation response measures should be prioritized for a CRGE investment plan, particularly based on economic cost benefit analysis.
All deliverables shall be submitted to the chairs of the CRGE Initiative’s Steering Committee and Technical Committee Chairs in both soft copies and hard copies.
Timeframe
It is estimated that the 3 phases will need 90 working days to be accomplished.
Estimated timeline for phase 2deliverables:
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Deliverable |
Delivery date |
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Phase 2 |
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An integrated team based in Addis Ababa, involving all relevant key actors for climate resilient development investment planning; |
9 September 2011 |
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Documented methodology for comprehensive assessment of : (i) the risks faced by Ethiopia (current & future); (ii) magnitude of loss; (iii) how and what adaptation response measures should be prioritized for a CRGE investment plan, particularly based on economic cost benefit analysis; |
23 September 2011 |
III. Qualifications, Competencies and other issues
Qualifications
· Expertise with postgraduate degrees in Environmental Management, Investment Planning or related fields and/or equivalent
Work Experience
· Proven real experience, in producing similar national investment plans and strategies in other developing countries.
· Experience in strategy development
· Policy and institutional knowledge in the climate change sector and in adaptation response measures prioritization and costing.
· Good knowledge of the national planning context (culture, politics, line ministries) is essential
· Excellent oral and written communication skills in English; knowledge of Amharic is an asset.
· Thorough knowledge of the issues under the UNFCCC negotiations, especially as related to the Adaptation Framework, Financing and Nationally Appropriate Mitigation Actions
· Experience in international best practices in Climate Change
· Solid analytical and conceptual skills, ability to do quick but robust vulnerability mapping and scenarios and cost benefit analysis.
· Willing to do field visits to source data as necessary
Corporate Competencies:
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
Treats all people fairly without favoritism
Functional Competencies:
· Demonstrated ability to formulate, deploy and manage high caliber, effective teams quickly and efficiently
· Proven process management skills under pressure
· Proven networking, team-building, organizational and communication skills
· Consistently approaches work with energy and a positive, constructive attitude
· Demonstrates openness to change and ability to manage complexities
· Ability to lead effectively, mentoring as well as conflict resolution skills
· Demonstrates strong oral and written communication skills
Payments
Under contract for each of the 3 phases, the team will receive 20% of the total payment upon submitting the workplan, the timeframe, the table of contents of the deliverables and the signature of the contract and 80% after the final approval of all deliverables.
Special delivery arrangements
Given the strategic importance of this work, two key development partners, the United Nations Development Programme (UNDP) and the UN Economic Commission for Africa’s African Climate Policy Centre (ACPC) have offered to provide in-kind (e.g. technical assistance) to help deliver this work. UNDP have offered 20 days of technical assistance while ACPC can offer 15 days. Both offers are linked to specific areas of technical competency relating to climate strategic thinking.
The contracted team should co-ordinate and draw on the support of UNDP and ACPC as and when necessary. While UNDP and ACPC will not be contractually linked to the consultant team, the primary responsibility for identifying and delegating activities will sit with the consultant team.
To ensure sufficient oversight of this strategic piece of work, EPA will chair a steering group. The steering group will include representation from the funding partner (DFID), the implementing partners (the consultant team, UNDP and ACPC) and any other strategic partners (e.g. from other government ministeries, academia, civil society and the private sector).
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Annex IV
PROPOSAL SUBMISSION FORM
Dear Sir / Madam,
Having examined the Solicitation Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide Professional Consulting services (profession/activity for
Project/programme/office) for the sum as may be ascertained in accordance with the Price Schedule attached herewith and made part of this Proposal.
We undertake, if our Proposal is accepted, to commence and complete delivery of all services specified in the contract within the time frame stipulated.
We agree to abide by this Proposal for a period of 120 days from the date fixed for opening of
Proposals in the Invitation for Proposal, and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
We understand that you are not bound to accept any Proposal you may receive.
Dated this day /month of year
F. Signature
(In the capacity of)
Duly authorised to sign Proposal for and on behalf of
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Annex V
PRICE SCHEDULE
The Contractor is asked to prepare the Price Schedule as a separate envelope from the rest of the RFP response as indicated in Section D paragraph 14 (b) of the Instruction to Offerors.
All prices/rates quoted must be exclusive of all taxes, since the UNDP is exempt from taxes as detailed in Section II, Clause 18. ’
The Price Schedule must provide a detailed cost breakdown. Provide separate figures for each functional grouping or category.
Estimates for cost-reimbursable items, if any, such as travel, and out of pocket expenses should be listed separately.
In case of an equipment component to the service provided, the Price Schedule should include figures for both purchase and lease/rent options. The UNDP reserves the option to either lease/rent or purchase outright the equipment through the Contractor.
The format shown on the following pages should be used in preparing the price schedule. The format includes specific expenditures, which may or may not be required or applicable but are indicated to serve as examples.
In addition to the hard copy, if possible please also provide the information on diskette (IBM compatible).
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Price Schedule: Request for Proposals for Services |
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Description of Activity/Item |
Number of Staff |
G. Monthly Rate
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Estimated Amount |
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Remuneration |
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1.1 |
Services in Home office |
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1.2 |
Services in Field |
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2. |
Out of Pocket Expenses |
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2.1 |
Travel |
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2.2 |
Per Diem Allowances |
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2.3 |
Communications |
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2.4 |
Reproduction and Reports |
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2.5 |
Equipment and other items |
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