Country Program Context Analysis

REQUEST FOR PROPOSAL

TermS of Reference (TOR) No. 14/2020**

Country Program Context Analysis**

Date of issue:

19/10/2020

RFP no.:

DCA reference: 1010306-01

Contract title:

Country Program Context Analysis

Closing date:

October 27^th, 2020

Contracting Authority:

DCA

Contact person: Nadine Bannourah

Tel: 0546193310

Fax: 02-5825638

Email: nkhr@dca.dk

Please note that the Quotations must be sent by email.

DanChurchAid is an independent, faith-based non-missionary humanitarian and development non-governmental organization (NGO). As part of the project activities, DCA invites you to submit a proposal for Country Program Context Analysis.

Dear Sir/Madam,

The Service is required for A Country Program Context Analysis.

Please find enclosed the following documents which constitute the Request for Proposal: **

A – Instructions

B – Draft Contract including annexes

Annex 1: Terms of Reference

Annex 2: Proposal Submission Form (to be completed by the Candidate)

Annex 3: General Terms and Conditions for Service Contracts – Ver3 2020

Annex 4: Code of Conduct for Contractors

If this document is a PDF format, upon request, a complete copy of the above documents can be forwarded in a WORD format for electronic completion. It is forbidden to make alterations to the text.

We would be grateful if you inform us by email of your intention to submit a proposal.

A. Instructions

In submitting a proposal, the Candidate accepts in full and without restriction the special and general conditions including annexes governing this Contract as the sole basis of this procedure, whatever his own conditions of services may be, which the Candidate hereby waives. The Candidates are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this Request for Proposal.

A.1. Scope of services

The Services required by the Contracting Authority are described in the Terms of Reference in Annex 1.

The Candidate shall offer the totality of the Services described in the Terms of Reference. Candidates offering only part of the required Services will be rejected.

A.2. Cost of proposal

The Candidate shall bear all costs associated with the preparation and submission of his proposal and the Contracting Authority is not responsible or liable for these costs, regardless of the conduct or outcome of the process.

A.3. Eligibility and qualification requirements

Candidates are not eligible to participate in this procedure if they are in one of the situations listed in article 33 of the General Terms and Conditions for Service Contracts – Ver3 2020.

Candidates shall in the Proposal Submission Form attest that they meet the above eligibility criteria. If required by the Contracting Authority, the Candidate whose proposal is accepted shall further provide evidence satisfactory to the Contracting Authority of its eligibility.

As a rule, the timely arrival of a proposal with the Contracting Authority is the Candidate’s responsibility. Irrespective of the reason, proposals arriving after the deadline for the submission of proposals, will be considered late and thus rejected.

Candidates are also requested to certify that they comply with the Code of Conduct for Contractors.

A.4. Exclusion from award of contracts

Contracts may not be awarded to Candidates who, during this procedure:

(a) are subject to conflict of interest

(b) are guilty of misrepresentation in supplying the information required by the Contracting Authority as a condition of participation in the Contract procedure or fail to supply this information

A.5. Documents comprising the Request for Proposal

The Candidate shall complete and submit the following documents with his proposal:

1. Proposal Submission Form (Annex 2) duly completed and signed by the Candidate
2. CV. highlighting the Candidate’s experience in the specific field of the Services and his/her specific experience in the country/region where the Services are to be performed.
3. Submit a Sample.

The proposal and all correspondence and documents related to the Request for Proposal exchanged by the Candidate and the Contracting Authority must be written in the language of the procedure, which is English.

A.6. Financial proposal

The Financial Proposal shall be presented as an amount in USD in the Proposal Submission Form in Annex 2. The remuneration of the Candidate under the Contract shall be determined as follows: **

The Candidate shall indicate in his/her proposal his/her proposed global remuneration for the performance of the Services. The Candidate shall be deemed to have satisfied himself as to the sufficiency of his/her proposed global remuneration, to cover both his/her fee rate, including overhead, profit, all his/her obligations, sick leave, overtime and holiday pay, taxes, social charges, etc. and all expenses (such as transport, accommodation, food, office, etc.) to be incurred for the performance of the Contract. The proposed global remuneration shall cover all obligations of the successful Candidate under the Contract (without depending on actual time spent on the assignment) and all matters and things necessary for the proper execution and completion of the Services and the remedying of any deficiencies therein.

VAT and/or any sales tax applicable to the purchase of services shall be indicated separately in the proposal. And kindly attach a valid deduction at source certificate to your offer.

A.7. Validity

Proposals shall remain valid and open for acceptance for 30 days after the closing date.**

A.8. Submission of proposals and closing date

Proposals must be received at the address mentioned on the front page by hand, email or fax not later than the closing date and time specified on the front page.

A.9. Evaluation of Proposals

The evaluation method will be the quality and cost based selection. A two-stage procedure shall be utilised in evaluating the Proposals; a technical evaluation and a financial evaluation.

Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights of 70% for the Technical Proposal; and 30% for the offered price. Each proposal’s overall score shall therefore be: St X 70% + Sf X 30%.

Technical evaluation

For the evaluation of the technical proposals, the Contracting Authority shall take the below criteria and weights into consideration.

The Contracting Authority reserves the right to discard offers below a technical score of 80 points

Candidate no.:

1

2

Maximum points

Score

Score after interview (if amended)

Score

Score after interview (if amended)

Proven experience of work with INGOs/NGOs on development and/or humanitarian assistance in the middle east, preferably in Palestine.

20

Demonstrate respect for diversity and show an ability to positively engage with a wide variety of differing political, cultural, and religious perspectives.

10

Expertise in conducting research, report writing and program context analysis

20

Expertise in human rights and gender equality.**

10

Experience with faith-based organisations in general and ACT Alliance members in particular is an asset**

5

Academic qualifications

5

Sub-total Candidate and/or Organisation

70

Proposed Organisation and Methodology

To what degree does the proposal show understanding of the Terms of Reference?

10

Is the sequence of activities and the planning logical, realistic and promising efficient implementation to the Contract and the workplan is adequately responsive to the terms of Reference?

10

Is the methodology proposed appropriate?

10

Sub-total Organisation and Methodology

30

TOTAL TECHNICAL SCORE

100

Only proposals with an average score of at least 80 points qualify for the financial evaluation

Interviews

The Contracting Authority reserves the right to call to interview the Candidates having submitted proposals determined to be substantially responsive.

Financial evaluation

Each proposal shall be given a financial score. The lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The formula for determining the financial scores shall be the following:

Sf = 100 x Fm/F, in which

Sf is the financial score

Fm is the lowest price and

F is the price of the proposal under evaluation

Negotiations

The Contracting Authority reserves the right to contact the Candidates having submitted proposals determined to be substantially and technically responsive, to propose a negotiation of the terms of such proposals. Negotiations will not entail any substantial deviation to the terms and conditions of the Request for Proposal, but shall have the purpose of obtaining from the Candidates better conditions in terms of technical quality, implementation periods, payment conditions, etc.

Negotiations may however have the purpose of reducing the scope of the services or revising other terms of the Contract to reduce the proposed remuneration when the proposed remunerations exceed the available budget.

A.12. Award criteria**

The Contracting Authority will award the Contract to the Candidate whose proposal has been determined to be substantially responsive to the documents of the Request for Proposal and which has obtained the highest overall score.

A.13. Signature and entry into force of the Contract

Prior to the expiration of the period of the validity of the proposal, the Contracting Authority will inform the successful Candidate in writing that its proposal has been accepted and inform the unsuccessful Candidates in writing about the result of the evaluation process.

Within 5 days of receipt of the Contract, not yet signed by the Contracting Authority, the successful Candidate must sign and date the Contract and return it to the Contracting Authority. On signing the Contract, the successful Candidate will become the Contractor and the Contract will enter into force once signed by the Contracting Authority.

If the successful Candidate fails to sign and return the Contract within the days stipulated, the Contracting Authority may consider the acceptance of the proposal to be cancelled without prejudice to the Contracting Authority's right to claim compensation or pursue any other remedy in respect of such failure, and the successful Candidate will have no claim whatsoever on the Contracting Authority.

A.14. Cancellation for convenience

The Contracting Authority may for its own convenience and without charge or liability cancel the procedure at any stage.

Special conditions

B.1. Scope of services

The subject of the Contract is Country Program Context Analysis. The “Services” are described in the Terms of Reference.

B.2. Commencement Date

The Contract shall commence after signature of this Contract by both parties.

B.3. Period of implementation

The period of implementation of the services is between November 1^st, 2020 and February 08^th, 2021

B.4. Delivery of Services

The Contractor agrees to deliver Services to the Contracting Authority pursuant to the Contract, which shall conform with the Terms of References, Annex 1, and the price specified in this Contract.

In the event of the Contracting Authority placing a contract, which the Contractor considers it cannot substantially meet because of unavailability of staff or inability to meet the Terms of References, before proceeding to make a partial delivery of the services, the Contractor shall seek further written instructions from the Contracting Authority.

The Contractor shall cover all costs related to the remedy of an unacceptable Service.

The Contractor shall be responsible for providing all the necessary personnel, equipment, materials and supplies and for making all necessary arrangement for the performance of its obligations under this Contract.

B.5. Remuneration

In consideration for his/her services, the Contractor shall receive a global remuneration of USD < amount>. This global remuneration covers the Contractor’s fee rate, including overhead, profit, all his/her obligations, leave, sick leave, overtime and holiday pay, taxes, social charges, etc. and all expenses (such as transport, accommodation, food, office expenses, etc) to be incurred for the performance of the Contract. The global remuneration covers all obligations of the Contractor under the Contract (without depending on actual time spent on the assignment) and all matters and things necessary for the proper execution and completion of the services and the remedying of any deficiencies therein.

B.6. Reporting

The Contractor shall submit reports as specified in the Terms of Reference, Annex 1. The Contractor shall keep the Contracting Authority updated on contract progress on a regular basis.

B.7. Payment

Payments shall be made in Euro by bank transfer to the following account:

Account Number:

Name of Bank:

Address of Bank:

Account name:

Swift Code:**

Payment will be made in three instalments.

The first instalment of 50% of the contract value upon signature of the Contract and against receipt of the Contractor’s invoice.

The second instalment of 25% of the contract value will be paid upon submitting the first draft of the report and against receipt of the Contractor’s invoice.

The third and last instalment 25% of the contract value will be paid within 30 days after approval of the final report and confirmation of receipt by the Contracting Authority, and receipt of the Contractors final invoice.

B.8. Tax and social contributions

The Contracting Authority shall have no obligation or responsibility in connection with taxes or levies payable by the Contractor in its country of establishment or in the beneficiary country in connection with its performance of this Contract.

B.9. Order of precedence of contract documents

The Contract is made up of the following documents, in order of precedence:

1. This Contract
2. Terms of Reference (Annex 1)
3. CV. of Contractor and/or key expert(s)
4. Proposal Submission Form (Annex 2)
5. General Terms and Conditions for Service Contracts - Ver2 2012 (Annex 3)
6. Code of Conduct for Contractors Annex 4

The various documents making up the Contract shall be deemed to be mutually explanatory; in cases of ambiguity or divergence, they should be read in the order in which they appear above.

B.10. Language

The language of this Contract, and of all written communications between the Contractor and the Contracting Authority shall be English.

B.11. Entry into force and duration

The Contract shall enter into force and effect after signature by both parties of this Contract. The Contract shall remain into force and effect until the end of the liability period as defined in the General Terms and Conditions for Service Contracts - Ver3 2020.

B.12. Notices

Any written communication relating to this contract between the Contracting Authority and the Contractor must state the Contract title and Contract number, and must be sent by post, fax, email or by hand to the addresses identified in this Contract.

Annex 1: Terms of reference

1. Background

DanChurchAid’s and Norwegian Church Aid’s (DCA/NCA) Joint Country Program for Palestine (JCPP) is implemented in a context of protracted crisis and long-term Israeli occupation. Rights violations in the West Bank include physical and psychological abuse, restrictions on movement, limitations on access to water and electricity, confiscation of land, home demolitions, and destructions of agricultural fields etc. In Gaza, a sharp deterioration in the humanitarian, human rights, security and political situation caused by the siege and several rounds of military operations in the Gaza strip. The West Bank and the Gaza strip have been politically divided since 2007 and no elections have taken place for 14 years. This situation continues to negatively impact Palestinian livelihoods and Palestinian ability to participate in the decision-making processes that affects their lives.

The JCPP is guided by the vision that: “Palestinians should enjoy equality, self-determination, democracy, as well as access to justice and accountability in accordance with International Humanitarian Law and International Human Rights Law”. The JCPP aims to contribute towards this vision through collaboration with local partners on a range of interventions across the humanitarian-development-peacebuilding nexus.

As of the start of 2020, the JCPP works with around 20 local partners. The project/partner portfolio is highly diverse including national NGOs with different specialisations and capacities including gender, youth, agriculture, economic empowerment, emergency response and humanitarian assistance, faith-based organisations, and human rights organisations from both Palestine and Israel.

The geographical focus of the programme is the Occupied Palestinian Territories including projects in various parts of East Jerusalem, the West Bank and Gaza. Interventions that target national Palestinian policies and frameworks cover all Palestinian areas.

2. Objective

The JCPP is coming to the end of its programme cycle and DCA/NCA are embarking on developing a new five-year strategy. To inform this process DCA/NCA seeks to update its context analysis to help capture the main changes in the political, social and economic, environmental, human rights and social context in country.

3. Scope of work (1 page)

The Context Analysis shall cover Palestine and Israel as defined within the 1967 borders. As such, the geographic scope of the JCP is primarily focused in the Gaza Strip, Area C of the West Bank, the Seam Zone, and East Jerusalem which are still beyond the full administrative control of the Palestinian Authorities and where development actors face significant difficulties to operate. For interventions that target national Palestinian policies and frameworks the interventions will include all Palestinian areas. Furthermore, because of strong interrelations between Area B and Area C, some interventions will be covering cross-area activities.

4. Methodology

Undertake research using a conflict sensitive approach. In doing so, conduct research with an awareness that unintended consequences could be generated. Therefore, ensure a thorough understanding of the context, understand the two-way interaction between the research and the context. Act wherever possible to Do No Harm and to take measures to avoid any possible harm to all persons engaged in the research process. Where potential for positive outcomes are identified in the research, they should be maximised wherever possible.

The following are methods for country programme context analysis development.

a) Desk review of background literature and statistics

b) Interviews with primary stakeholders and key informants

c) Participatory assessments with the selected right holders

5. Output

The context analysis should include 3 sections with focus on the geographical disaggregation mentioned in the scope of work above:

Section I (5 pages): Country overview that introduces briefly the political, economic, environmental, human rights and social context in country, include key statistics (growth, poverty, inequality etc.) in a text box, and reflect on the religious composition and role of faith-based actors and any existing or potential impact of external religious forces on the country.

Major issues to analyze under section I:

• Major changes since the last country context analysis was carried out, taking in consideration the impact of COVID 19
• Significant trends and expected changes in the coming years (national and local).
• Regional factors that do or may influence developments in Palestine
• The political, economic, environmental, human rights and social context, including growth, poverty and inequality statistics.
• The religious composition, any existing or potential conflicts and impact of external religious forces
• The role of religious leaders and actors
• Analysis of the political, economic, social context including identifying constraints, obstacles, limitations and supportive and enabling factors for development.
• Economic, demographic, geophysical or political trends that influence change
• The role and influence of the private sector (both local and foreign business) in promoting – or being an obstacle to sustainable development,
• The government’s policy on promoting an enabling business environment. Does the government have in place a National Action Plan on the UN Guiding Principles on business and human rights?
• Which of these contextual change processes are most relevant to the direction set out in DCA’s and NCA’s global strategies?
• Foreseeable (whether definite, probable or possible) critical junctures / windows of opportunity over the next period that could provide an opportunity for change.

· Analysis for “Safety Situation”: e.g. safety situation affecting age gender and diversity, natural and man-made disasters/conflicts, climate change, violent incidents, crime, presence of armed actors, levels of S/GBV, increased forced displacement. How might the safety situation impact DCA/NCA interventions and how might DCA/NCA interventions affect the safety situation (e.g. Reduced access to target groups, humanitarian principles compromised - perceived threat to stakeholders associated with DCA/NCA interventions, etc)

· *Protection: Identify protection threats, particularly vulnerable individuals or groups and existing capacities and coping mechanisms. Describe threats, vulnerabilities and capacities in the context (for example, what are the protection threats, risks and vulnerabilities across the whole population? What capacities does the population have to minimise those? What is the national response (e.g. existing services) to protection risks adopted by the authorities (national, regional, and local) and by the civil society?). Describe right holders’ access to humanitarian assistance and participation in programmes (for example, are there obstacles preventing people from accessing assistance or participating in decisions? These may include security, social or physical barriers, or how information is provided.). *Describe coping strategies utilised by the rights holders (*for example, are people engaged in negative coping mechanisms such as, early marriage, child labour or risky migration? What can be done to mitigate the underlying vulnerabilities?). *What actions to be done by the country office to ensure AGD sensitive protection mainstreaming is integrated into the humanitarian responses? **

· Conflict Sensitivity analysis / Do No Harm. Identify drivers of violence. Describe how violent conflict affects the context. Describe how violent conflict might affect DCA/NCA supported activities, and vice-versa, how might DCA/NCA supported activities affect the conflict. Describe what actions could be taken to avert harmful outcomes as well as reinforce opportunities to maximise positive impact, and, if possible, support peace.

Section II (8 pages): Civil Society Analysis will explain the nature of state-civil society relations in country.

Indicate whether there is an enabling environment for civil society in law and practice, including any constitutional provisions regarding religion and the role of religious institutions. Identify institutionalized mechanisms for state-civil society dialogue.

Provide an overview of different types of civil society organisations in country, the role played by faith-based organisations and networks, and the capacity of different types of organisations to influence social and political change processes.

In relation to faith-based institutions, explore in particular the values promoted by the different religious groupings; how different religions/groupings address societal issues and any particular challenges from a human rights perspective; the positive or negative relations within different religious groupings; the legitimacy of FBOs to be ‘honest brokers’ of the poor/marginalized; how effective religious groups are at formulating and transmitting policy advocacy messages; relations between the state or traditional authorities and religious authorities. The potential of faith actors to support gender transformative actions.

Major issues to analyze under section II:

• The present political environment for civil society in the country with considerations to the Israeli occupation, PA and de facto government.
• The relationship between civil society and the government/state, including the actual and expected cooperation on national development plans.
• How does civil society relate to human rights and issues of democracy?
• How does the government, authorities and other donors engage in human rights and issues of democracy – and where are the potential links
• Conflict sensitivity analysis that includes identifying drivers of violence. potential conflict themes and their relevance (implications and challenges) to civil society in the country. Describe how violent conflict affects the context. Describe how violent conflict might affect DCA/NCA supported activities, and vice-versa, how might DCA/NCA supported activities affect the conflict. Describe what actions could be taken to avert harmful outcomes as well as reinforce opportunities to maximise positive impact, and, if possible, support peace.
• The main features of civil society deliberations and cooperation.
• The main arenas of interaction between civil society, state, and the private sector.
• List main civil society actors of particular relevance to the programme concept; could include religious associations and churches, interest groups, community based organisations and/or networks, development NGOs, advocacy groups, think tanks, media, professional associations, formal and informal organisations and networks linked to economic activity and others.
• The main characteristics of civil society actors, including:

Ø Their geographical dispersion.

Ø Their driving forces, values, constituencies, accountability and legitimacy.

Ø Their roles in social mobilisation for change, mutual help, advocacy (particularly within the area of human rights and democracy), policy development and social and economic development.

• The civil society focus and areas of work supported by some main donors in the country, bilateral and multilateral.
• The main challenges for civil society in the country and opportunities for working through multi-stakeholder platforms for enhanced cooperation and influence.
• Analysis of community structures and dynamics of participation. To what extent processes are top down and enables community members participation in decisions around community security and development.

Section III (15 pages): in this section, the consultant should provide analysis related to DCA/NCA Global Goals (using relevant international and human rights standards. In addition to provide for each relevant/selected DCA/NCA global goal and relevant intervention areas an analysis of the following: a) key problems/rights issues b) groups most affected/excluded c) main national legal and policy frameworks guiding the thematic area and their compliance with international human rights standards d) the key institutional gaps and barriers e) duty-bearer and stakeholder analysis, including actors that have the potential to drive change. If relevant to the programme focus, describe the role of the private sector in relation to the problems addressed and whether they are a driver or obstacle for change.

Outline risks of natural hazards and conflicts and (potential) impact. Reflect on existing or potential national disaster preparedness and management and the capacity in the country to respond to a (potential) disaster or conflict as well as rights holders’ resilience and coping mechanisms.

Major issues to analyze under section III:

• Define specific thematic areas the country programme will address and DCA/NCA’s role in the process. How will DCA/NCA promote these in an efficient and effective manner?

• Analyse the identified problem under each thematic area and any observed new trends.

• Analyse the targeted rights-holders and the extent and impact of the problem on them, including differences noted due to gender and/other identity characteristics (age, ethnicity, religion, economic status etc.).

• Identify and elaborate the rights issues and relevant international human rights standards that need to be in focus for each thematic area.

• Analyse the immediate and root causes for the problem, including any discriminatory norms and practices (gender and others).

• Analyse key barriers within institutions and within the social and organising practices of rights-holders and organisations that represent them. Note any non-compliance with relevant human rights standards.

• Identify and analyse key legal and moral duty-bearers.

• Analyse the growing challenge of climate changes and its impact on the country. Identify any key opportunities and challenges to the reflection of more climate friendly practices on programing. In particular in issues related to local ecosystem, agriculture and access to water.

• Identify any key opportunities (events, new actors, and/or developments) within the programming period that could be maximised for addressing the problem.

• Analyse the response and priorities of regional and international actors, other ACT members, and international, regional and local organisations working with the thematic issues

• Identify the comparative advantage of DCA/NCA and its partners and provide recommendations for DCA/NCA´s support in the area.

• Identify any particular risks that a programme of this nature might face and suggest ways in which we can manage or alleviate them.

• Analyse background on potential impact of the Counter Terrorism legislations on the civil society presence in Palestine, and define challenges and complications applying this in the Palestinian context.

· Analysis for Age, Gender and Diversity (AGD): Age, Gender and Diversity analysis focuses on the impact of any situation (poverty, protracted crisis, emergency) on women, girls, men and boys of different ages, and people of different ethnic, religious, national, sexual orientation, gender identity, and cultural backgrounds. Analyse the capacities, needs, preferences and threats of the different groups, and how these may have changed. Describe the relations, roles and responsibilities for the different groups in the context and note relevant dynamics to pay attention to in designing a programme (e.g. how unequal relations or discrimination influence rights denials or violence/abuse against specific groups). What actions can be taken by the country office to achieve sustainable results for all groups and ensure no negative impacts for specific people or groups? **

6. Composition of Team

The consultant/consultancy firm should have the following qualifications:

1) Proven experience of work with INGOs/NGOs on development and/or humanitarian assistance in the middle east, preferably in Palestine.

2) Proven experience with faith-based organisations in general and ACT Alliance members in particular is an asset. Demonstrate respect for diversity and show an ability to positively engage with a wide variety of differing political, cultural, and religious perspectives.

3) Demonstrate a thorough understanding of the context in Palestine with specialized knowledge and relevant experience.

4) Consultant relevant academic qualifications.

5) Expertise in conducting research, report writing and program context analysis

6) Expertise in human rights and gender equality.

7) Ability to compile and analyse field research information and data in a clear format.

7. Deliverables

Program Context analysis document (in English) that includes all the sections mentioned above.

8. The Management structure

The consultant should work closely with DCA/NCA team.

9. Timing, logistics and facilities

The total duration of the assignment is approximately 25 working days. The final assessment document of the Program Context Analysis should be delivered on February 8, 2021. Commencement date for this assignment is November 16, 2020.

The consultant should cover the cost of the logistics needed to achieve this assignment (i.e. logistics needed for arrangements and meetings with target groups, stakeholders, transportations, communications, etc).

10. Task

– This task is projected to fall within 25 consultancy days.

11. Expression of Interest and Proposal

All expressions of interest should include:

• Technical Proposal: Brief explanation about the consultants (s) with evidence of previous experience in this kind of work; profile of the consultant/ consultancy firm to be involved in undertaking the consultancy; understanding of the TOR, the task to be accomplished as well as draft consultancy framework and plan and at least three references (from previous similar consultancies) . The technical proposal should include an outline of the proposed methodology, Itinerary and time plan including regular, scheduled check-in meetings with DCA/NCA, and to include a proposed report structure/ headline.

• Financial Proposal: The financial proposal should provide cost estimates for services rendered including daily consultancy fees related to the consultants excluding accommodation and living costs; transport cost, stationeries, and supplies needed for data collection, etc.

Note: Interested consultants shall submit a minimum of three references as similar experience to the requested one by DCA/NCA

Organization Name

Contact Person

Title

Phone Number

Email

Comments

Interested consultants/consulting firms should submit, by email, a technical and financial proposal for this consultancy by (October 27 @ 4:00 pm Jerusalem time). This task is expected to take place within the period from (November 16, 2020 to February 8, 2021).

12. Time schedule for consultancy

Responsibility

Suggested Time frame

Deadline

DCA/NCA

External consultant

1. Publication of Request for Proposals (including this ToR as Annex 1).

x

1 week

October 19- October 27

1. Selection of consultant by the Procurement Committee and negotiation of contract

x

3 days

October 30

1. Provision of initial documentation pack to consultant

x

2 weeks

November 16

1. Briefing meeting with DCA/NCA and consultant and initial literature review

x

x

1. Inception Report submitted to DCA/NCA

x

1 week after briefing.

November 23

1. Feedback and approval of inception report.

x

1 week

November 30

1. Research, field work and interviews.

x

2 weeks

December 14

1. Debriefing session with DCA/NCA team

x

Within a week

December 21

1. First draft context analysis

x

1 week after field work.

December 21

1. 1^st Feedback to consultant

x

3 weeks

January 11, 2021

1. Second draft context analysis

x

1 week

January 18, 2021

1. 2^nd Feedback to consultant

2 weeks

February 1 2021

1. Context analysis finalised and approved by DCA/NCA.

x

1 week

February 8, 2021

13. Background documentation

· Relevant program documents and strategies

· Pervious ToC critical reflection workshop reports and evaluations

· All annual programme reports and country reports

· Current partner project documents and evaluations

· Any baseline studies

· Any research or documentation produced by previous programmes

Annex 2: proposal submission form

My financial proposal for my services is as follows

Currency

Amount

Global price (fees and expenses)

USD

VAT or other tax on services

USD

Total price incl. taxes

USD

Candidate or Company information

Company (legal name)

Street name and no.

City

Postal code

Country

Phone no.

Email

Website

Director (name)

Financial proposal

My proposal for remuneration of my services is as follows:

Please submit the proposal in USD.**

Currency

Amount **

Global Remuneration (fees only)

USD

Other Expenses

USD

VAT or other professional tax on services

USD

This contract is including VAT.

REFERENCES

Name and country of customer

Type of contract

Value

Contact name

Phone/fax and email

Include details of the experience and past performance on contracts of a similar nature within the past five years and information on other contracts in hand and/or future commitments including details of the actual and effective participation in each of such contracts, description of the Candidate’s assignments and periods of engagement. Additional documents can be attached to the above form.

The proposal is valid for a period of 30 days after the closing date in accordance with the article A.7. Validity. **

After having read the Request for Proposal no. 14.2020 for Country Program Context Analysis dated October 19^th,2020 , and after having examined the Request for Proposal, I/we hereby offer to execute and complete the services in conformity with all conditions in the Request for Proposal for the sum indicated in our financial proposal.

Further, I/we hereby:

• Accept, without restrictions, all the provisions in the Request for Proposal including the General Terms and Conditions for Service Contracts - Ver3 2020 and the draft Service Contract including all annexes.

• Certify that I/we do not support terrorists or terrorism activities, and do not condone the use of terrorism.

• Provided that a contract is issued by the Contracting Authority I/we hereby commit to perform all services described in the Terms of Reference, Annex 1

• Certify and attest compliance with eligibility criteria of article 33 of the General Terms and Conditions for Service - Ver3 2020.

• Certify and attest compliance with the Code of Conduct for Contractors in Annex 4.

The above declarations will become an integrated part of the Contract and misrepresentation will be regarded as grounds for termination.

Signature and stamp:

Signed by:

The Candidate

Name of the company

Address

Telephone no.

Email

Name of contact person

1. DEFINITIONS

In these general terms and conditions:

a) “contract” is the agreement entered into by the Contracting Authority and the Contractor for the performance of the services described in the terms of reference, to which these general terms and conditions are made applicable; the contract is constituted of the documents listed in the Service Contract.

b) The Contracting Authority’s “partners” are the organisations to which the Contracting Authority is associated or linked;

c) “personnel” is any person assigned by the Contractor to the performance of the services or any part hereof, whether through employment, sub-contracting or any other agreement; and “key experts” are those members of the personnel whose involvement is considered instrumental in the achievement of the contract objectives;

d) “beneficiary country” is the country where the services are to be performed, or where the project to which the services relate is located.

2. RELATIONS BETWEEN THE PARTIES

Nothing contained in the contract shall be construed as establishing a relation of master and servant or of agent and principal as between the Contracting Authority and the Contractor. Except if otherwise provided in the contract, the Contractor shall under no circumstances act as the representative of the Contracting Authority or give the impression that the Contractor has been given such authority. The Contractor has complete charge of the personnel and shall be fully responsible for the services performed by them.

3. SCOPE OF SERVICES

The scope of the services including the methods and means to be used by the Contractor, the results to be achieved by him and the verifiable indicators are specified in the Terms of Reference. The Contractor shall be responsible for everything which is required for the performance of the services in accordance with what is specified in the contract, or which must otherwise be regarded as forming part of the services.

1. COMPLIANCE WITH LAWS AND RESPECT OF TRADITIONS

The Contractor shall respect and abide by all laws and regulations in force in the beneficiary country and shall ensure that its personnel, their dependants, and its local employees also respect and abide by all such laws and regulations. The Contractor shall indemnify the Contracting Authority against any claims and proceedings arising from any infringement by the Contractor, its personnel and their dependants of such laws and regulations.

The Contractor, its personnel and their dependents shall respect human rights and undertake not to offend the political, cultural and religious practices prevailing in the beneficiary country.

1. CODE OF CONDUCT

The Contractor shall at all times act loyally and impartially and as a faithful adviser to the Contracting Authority and shall perform the services with due care, efficiency and diligence, in accordance with the best professional practice.

6. DISCRETION AND CONFIDENTIALITY

The Contractor shall treat all documents and information received in connection with the contract as private and confidential, and shall not, save in so far as may be necessary for the purposes of the performance thereof, publish or disclose any particulars of the contract without the prior consent in writing of the Contracting Authority. It shall, in particular, refrain from making any public statements concerning the project or the services without the prior approval of the Contracting Authority,

7. CONFLICT OF INTEREST

The Contractor shall refrain from engaging in any activity which conflicts with his obligations towards the Contracting Authority under the contract.

The Contractor shall take all necessary measures to prevent or end any situation that could compromise the impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified in writing to the Contracting Authority without delay. The Contractor shall replace, immediately and without compensation from the Contracting Authority, any member of its personnel exposed to such a situation.

8. CORRUPT PRACTICES

The Contractor and the personnel shall refrain from performing, condoning or tolerating any corrupt, fraudulent, collusive or coercive practices, whether such practices are in relation with the performance of the contract or not. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value as an inducement or reward for doing or forbearing to do any act in relation to the contract or any other contract with the Contracting Authority, or for showing favour or disfavour to any person in relation to the contract or any other contract with the Contracting Authority.

The payments to the Contractor under the contract shall constitute the only income or benefit it may derive in connection with the contract and neither it nor its personnel shall accept any commission, discount, allowance, indirect payment or other consideration in connection with, or in relation to, or in discharge of, its obligations under the contract.

The execution of the contract shall not give rise to unusual commercial expenses. Unusual commercial expenses are commissions not mentioned in the contract or not stemming from a properly concluded contract referring to the contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commission paid to a company which has every appearance of being a front company.

The Contractor further warrants that no official of the Contracting Authority and/or their partner has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract.

9. JOINT VENTURE OR CONSORTIUM

If the Contractor is a joint venture or a consortium of two or more legal persons, all such persons shall be jointly and severally bound to fulfil the terms of the contract. The person designated by the joint venture or consortium to act on its behalf for the purposes of this contract shall have the authority to bind the joint venture or consortium.

For the purposes of performance of the contract, the joint venture or consortium shall act as, and be considered, a single person and in particular, shall have bank account opened in its name, shall submit to the Contracting Authority single guarantees if required, and shall submit single invoices and single reports.

The composition of the joint venture or a consortium shall not be altered without the prior written consent of the Contracting Authority.

1. SPECIFICATIONS AND DESIGNS

The Contractor shall prepare all specifications and designs using accepted and generally recognised systems acceptable to the Contracting Authority and taking into account the latest design criteria.

1. INFORMATION

The Contractor shall furnish the Contracting Authority, or any person authorised by the Contracting Authority with any information relating to the services and the project as the Contracting Authority may at any time request.

12. REPORTS

The frequency, deadlines, format and contents of the reports to be drawn up by the Contractor in relation to the performance of the contract shall be described in the Terms of Reference.

13. CONTRACTOR’S PERSONNEL

13.1. The Contractor shall employ and provide such qualified and experienced personnel as are required to carry out the services, and the Contractor shall be responsible for the quality of the personnel.

The names, outputs, duties and CVs of key experts and the titles, job descriptions, minimum qualifications, estimated periods of engagement in the carrying out of the services of each of the personnel and key experts are described in the Organisation and Methodology part of the contract. The Contractor must inform the Contracting Authority of all non-expert personnel it intends to use for the implementation of the contract. The Contracting Authority shall have the right to oppose the Contractor’s choice of personnel.

13.2. No changes shall be made in the personnel without the prior consent of the Contracting Authority. The Contractor shall provide a replacement with at least equivalent qualifications and experience and acceptable to the Contracting Authority if:

a) on account of death, sickness or accident, a member of the Personnel is unable to continue providing his services,

b) any member of the personnel is found by the Contracting Authority to be incompetent in discharging or unsuitable for the performance of his duties under the Contract,

c) for any reasons beyond the control of the Contractor, it becomes necessary to replace any member of the Personnel.

The request for replacement must be made in writing and state the reason therefore. The Contractor shall proceed swiftly with the request and propose a replacement with at least equivalent qualifications and experience. The remuneration to be paid to the replacement cannot exceed that received by the replaced member of the personnel.

Failure by the Contractor to propose a replacement for a key expert satisfactory to the Contracting Authority, shall give the right to the Contracting Authority to terminate the contract.

Additional costs arising out of a replacement shall be borne by the Contractor.

13.3. Working hours

The days and hours of work of the Contractor or/and its personnel in the beneficiary country shall be fixed on the basis of the laws, regulations and customs of the beneficiary country and the requirements of the services.

13.4. Leave entitlement

Any taking of holiday leave by the personnel during the period of implementation of the contract must be at a time approved by the Contracting Authority.

Overtime, sick leave, pay and holidays leave pay are deemed to be covered by the Contractor’s remuneration.

1. SUB-CONTRACTING

Except from the subcontractors listed in the contract, the Consultant shall not subcontract to nor engage another independent contractor to perform any part of the services without the prior written consent of the Contracting Authority. Subcontractors must satisfy the eligibility criteria applicable for the award of the contract.

The Contracting Authority shall have no contractual relations with the subcontractors. The provisions of the contract, including these general terms and conditions, and in particular article 13.2 shall, where practicable, apply to the subcontractors and their personnel.

1. LIABILITY

At its own expense, the Contractor shall indemnify, protect and defend, the Contracting Authority, its agents and employees, from and against all actions, claims, losses or damages arising from any act or omission by the Contractor in the performance of the services, including any violation of any legal provisions, or rights of third parties, in respect of patents, trademarks and other forms of intellectual property such as copyrights.

Approval by the Contracting Authority of the Contractor’s reports and issue of Completion Certificate shall not relieve the Contractor of its liability and shall not prevent the Contracting Authority from claiming damages.

The Contractor shall remain liable for any breach of its obligations under the contract for such period after the services have been performed as may be determined by the law governing the contract (the “liability period”). This time limit does not however apply when the damage arises from gross negligence or wilful misconduct of the Contractor.

During the liability period, or as soon as practicable after its expiration, the Contractor shall, at its expense, upon instruction of the Contracting Authority, remedy any deficiencies in the performance of the services. In case of default on the part of the Contractor to carry out such instructions, the Contracting Authority shall be entitled to hire another contractor to carry out the same, at the Contractor’s expense.

1. INSURANCE

Within 20 days of signing the contract, the Contractor shall take out and maintain, at its own cost, a full indemnity insurance policy covering its professional liability under the contract and article 15 above, from the commencement date and until the end of the liability period.

Within 20 days of signing the contract, the Contractor shall take out and maintain a full indemnity insurance policy for a sum up to the higher of the maximum amount foreseen by the legislation of the country of the Contracting Authority and the amount foreseen by the legislation of the country in which the Contractor has its headquarters and covering, during the period of implementation of the contract, the following risks:

a) loss of or damage to property purchased with funds provided under the contract, or produced by the Contractor;

b) loss or damage to equipment, material and office facilities made available to the Contractor by the Contracting Authority;

c) civil liability for accidents caused to third parties arising out of acts performed by the Contractor, its personnel and their dependents;

d) employer’s liability and workers’ compensation in respect of the personnel as well as sickness, accident or death affecting the personnel and their dependents, including the cost of repatriation on health grounds;

e) such other insurance as required by the laws in force in the beneficiary country.

Prior to the commencement date, the Contractor shall provide evidence to the Contracting Authority that the above insurances have been effectuated. During execution of the contract, the Contractor shall, when required, provide the Contracting Authority with copies of the insurance policies and the receipts for payment of premiums.

1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All reports and data such as maps, diagrams, drawings, specifications, plans, statistics, calculations, databases, software and supporting records or materials acquired, compiled or prepared by the Contractor in the performance of the contract shall, with the copyright thereto, be the absolute property of the Contracting Authority. The Contractor shall, upon completion of the contract, deliver all such documents and data to the Contracting Authority. The Contractor may not retain copies of such documents and data and shall not use them for purposes unrelated to the contract without the prior written consent of the Contracting Authority.

The Contractor shall not publish articles relating to the services or refer to them when carrying out any services for others, or divulge information obtained from the Contracting Authority, without the prior written consent of the Contracting Authority.

1. RECORDS

The Contractor shall keep separate, accurate and systematic records and accounts in respect of the services in such form and detail as is customary in the profession and sufficient to establish accurately that the number of working days and the actual reimbursable expenditure identified in the Contractor's invoice(s) have been duly incurred for the performance of the services.

For a fee-based contract, timesheets recording the days worked by the Contractor's personnel must be maintained by the Contractor. The timesheets must be approved by the Contracting Authority or any person authorised by the Contracting Authority or the Contracting Authority itself on a monthly basis. The amounts invoiced by the Contractor must correspond to these timesheets. In the case of long-term experts, these timesheets must record the number of days worked. In the case of short-term experts, these timesheets must record the number of hours worked. Time spent travelling exclusively and necessarily for the purpose of the Contract may be included in the numbers of days or hours, as appropriate, recorded in these timesheets.

Such records must be kept for a 7-year period after the final payment made under the contract. These documents comprise any documentation concerning income and expenditure and any inventory, necessary for the checking of supporting documents, including timesheets, plane and transport tickets, pay slips for the remuneration paid to the experts and invoices or receipts for reimbursable expenditure. Failure to maintain such records constitutes a breach of contract and will result in the termination of the contract.

1. OBLIGATIONS OF CONTRACTING AUTHORITY

19.1. The Contracting Authority shall provide the Contractor as soon as possible with any information and/or documentation at its disposal which may be relevant to the performance of the contract.

On all matters properly referred to it in writing by the Contractor, the Contracting Authority shall give its decisions so as not to delay the services, and within a reasonable time.

19.2. The contract shall specify whether the Contracting Authority is to provide the Contractor with equipment, facilities, counterpart personnel or specific assistance, and shall detail under which conditions. If the provision of such agreed counterpart personnel, equipment, facilities and assistance is delayed or not forthcoming, the Contractor shall endeavour to perform the Services as far as is possible. The parties shall agree on how the affected parts of the services shall be carried out, and the additional payments, if any is due, to be made by the Contracting Authority to the Contractor as a result of additional expenditures.

20. CONTRACT PRICE AND PAYMENTS

Contracts are either “global price” or “fee-based”.

20.1. Fee-based contract

In consideration of the services performed by the Contractor under the contract, the Contracting Authority shall make to the Contractor such payments of fees and such reimbursement of costs as provided in the contract.

Fees shall be determined based on time actually spent by the key experts in the performance of services at the fee rates specified in the contract. Fee rates are deemed to remunerate all the activities of the Contractor in the performance of the services and to cover all expenses and costs incurred by the Contractor which are not included in the agreed reimbursable costs.

The Contracting Authority shall reimburse to the Contractor the reimbursable costs and expenses specified in the contract, actually and reasonably incurred in the performance of the services.

Costs and expenses which are not mentioned in the contract shall be deemed covered by the overhead of profit included in the fees.

The currency of payments of fees and reimbursable costs and applicable exchange rates are set out in the contract.

20.2. Global price contract

The global price covers both the Contractor’s and its personnel’s fees and all expenses to be incurred for the performance of the contract. The global price is in consideration for all obligations of the Contractor under the contract and all matters and things necessary for the proper execution and completion of the services and the remedying of any deficiencies therein.

20.3. Revision

Unless otherwise stipulated in the contract, the global price of a global price contract and the fee rates of a fee-based contract shall not be revised.

20.4. Guarantees

In the case an advance payment for fees and for reimbursable costs (fee-based contract) or a pre-financing payment (global price contract) is agreed in the contract, its payment by the Contracting Authority shall be subject to the prior presentation by the Contractor to the Contracting Authority of an approved performance security, advance payment or pre-financing guarantee, if so agreed and under the conditions specified in the Service Contract.

20.5. Conditions of Payment

Payments will be made by the Contracting Authority with the frequency, instalments, time limits, amounts and currencies, and under the conditions, in particular on the contents of invoices, specified in the special conditions of the contract. Payment of the final balance shall be subject to performance by the Contractor of all its obligations under the contract and the issue by the Contracting Authority of the completion certificate described in article 25.

20.6. Late payment

If the time periods laid down for payments by the Contracting Authority have been exceeded by more than two months and where the Contracting Authority cannot invoke a case of suspension or withholding of payments provided for in these terms and conditions, the Contractor may claim interest calculated on any amount due, prorata on the number of days of delay at the official bank rate of the beneficiary country (if amounts due are in the currency of that country), or at the rate applied by the European central bank (where amounts due are in Euro), plus 2% per year.

1. DELAYS IN PERFORMANCE

If the Contractor does not perform the services within the period of implementation specified in the contract, the Contracting Authority shall, without formal notice and without prejudice to its other remedies under the contract, be entitled to liquidated damages for every day, or part thereof, which shall elapse between the end of the period of implementation specified in the contract and the actual end of the period of implementation.

The daily rate for liquidated damages is calculated by dividing the contract value by the number of days of the period of implementation.

If these liquidated damages exceed more than 15% of the contract value, the Contracting Authority may, after giving notice to the Contractor:

a) terminate the contract; and

b) complete the services at the Contractor's own expense

1. BREACH OF CONTRACT

Either party commits a breach of contract where it fails to discharge any of its obligations under the contract.

Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:

a) liquidated damages; and/or

b) termination of the contract.

In any case where the Contracting Authority is entitled to damages, it may deduct such damages from any sums due to the Contractor or call on the appropriate guarantee.

The Contracting Authority shall be entitled to compensation for any damage which comes to light after the contract is completed in accordance with the law governing the contract.

1. SUSPENSION OF PERFORMANCE

The Contractor shall, on the request of the Contracting Authority, suspend the performance of the services or any part thereof for such time and in such manner as the Contracting Authority may consider necessary.

In such event of suspension, the Contractor shall take immediate action to reduce the costs incident to the suspension to a minimum. During the period of suspension, and except where the suspension is due to any default of the Contractor, the Contractor shall be reimbursed for additional costs reasonably and necessarily incurred by it as a result of the suspension.

1. AMENDMENT OF THE CONTRACT

Substantial modifications to the contract, including modifications to the total contract amount, must be made by means of an addendum.

1. Completion Certificate

Upon completion of the services, and once (a) the Contracting Authority has approved the Contractor’s completion report, (b) the Contracting Authority has approved the Contractor’s final invoice and final audited statement, the Contracting Authority shall deliver a completion certificate to the Contractor.

1. TERMINATION BY THE CONTRACTING AUTHORITY

26.1 The Contracting Authority may terminate the contract after giving a 7 days' notice to the Contractor in any of the following cases:

a) the Contractor is in breach of its obligations under the contract and/or fails to carry out the services substantially in accordance with the contract;

b) the Contractor fails to comply within a reasonable time with the notice given by the Contracting Authority requiring it to make good the neglect or failure to perform its obligations under the contract which seriously affects the proper and timely performance of the services;

c) the Contractor refuses or neglects to carry out instructions given by the Contracting Authority;

d) the Contractor’s declarations in respect if its eligibility (article 33) and/or in respect of article 31 and article 32, appear to have been untrue, or cease to be true;

e) the Contractor takes some action without requesting or obtaining the prior consent of the Contracting Authority in any case where such consent is required under the contract;

f) any of the key experts is no longer available, and the Contractor fails to propose a replacement satisfactory to the Contracting Authority;

g) any organisational modification occurs involving a change in the legal personality, nature or control of the Contractor or the joint venture or consortium, unless such modification is recorded in an addendum to the contract;

h) the Contractor fails to provide the required guarantees or insurance, or the person providing the underlying guarantee or insurance is not able to abide by its commitments.

26.2 Termination by Contracting Authority for convenience

The Contracting Authority may terminate the contract in whole or in part for its convenience, upon not less than 14 days’ notice. The Contracting Authority shall not use this right of termination in order to arrange for the services to be executed by another contractor, or to avoid a termination of the contract by the Contractor.

27. TERMINATION BY THE CONTRACTOR

The Contractor may terminate the contract after giving a 7 days’ notice to the Contracting Authority in any of the following cases:

a) the Contractor has not received payment of that part of any invoice which is not contested by the Contracting Authority, within 90 days of the due payment date,

b) the period of suspension of the performance of the contract under article 23 has exceeded six months;

c) the Contracting Authority is in material breach of its obligations under the Contract and has not taken any actions to remedy the same within 30 days following the receipt by the Contracting Authority of the Contractor’s notice specifying such breach.

If the Contractor is a natural person, the contract shall be automatically terminated if that person dies.

28. RIGHTS AND OBLIGATIONS UPON TERMINATION

28.1. Upon termination of the contract by notice of either party to the other, the Contractor shall take immediate steps to bring the services to a close in a prompt and orderly manner and in such a way as to keep costs to a minimum.

28.2. If the Contracting Authority terminates the contract in accordance with article 26.1 it may, thereafter, complete the services itself, or conclude any other contract with a third party, at the Contractor’s expense.

The Contracting Authority shall, as soon as is possible after termination, certify the value of the services and all sums due to the Contractor as at the date of termination. It shall, subject to article 28.1 and 28.3, make the following payments to the Contractor:

(a) remuneration pursuant to the contract for services satisfactorily performed prior to the effective date of termination;

(b) reimbursable costs (if fee-based contract) for costs actually incurred prior to the effective date of termination;

(c) except in the case of termination pursuant to article 26.1 reimbursement of any reasonable cost incident to the prompt and orderly termination of the contract;

(d) in case of termination under article 26.2 and 27, reimbursement for the actual and reasonable costs incurred by the Contractor as a direct result of such termination and which could not be avoided or reduced by appropriate mitigation measures.

The Contractor shall not be entitled to claim, in addition to the above sums, compensation for any loss or injury suffered.

28.3. In case of termination of the contract for any reason whatsoever, any pre-financing guarantee which might have been granted to the Contracting Authority under article 20.4, may be invoked forthwith by the Contracting Authority in order to repay any balance still owed to the Contracting Authority by the Contractor, and the guarantor shall not delay payment or raise objection for any reason whatever.

28.4. If the Contracting Authority terminates the contract under article 26.1, it shall be entitled to recover from the Contractor any loss it has suffered up to that part of the contract value which corresponds to that part of the services which has not, by reason of the Contractor’s default, been satisfactorily completed.

1. FORCE MAJEURE

Neither party shall be considered to be in breach of its obligations under the contract if the performance of such obligations is prevented by any circumstances of force majeure which arise after the date of signature of the contract by both parties.

The term "force majeure", as used herein shall mean acts of God, strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars, whether declared or not, blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions, and any other similar unforeseeable events, beyond the control of either party and which by the exercise of due diligence neither party is able to overcome.

A party affected by an event of force majeure shall take all reasonable measures to remove such party's inability to fulfil its obligations hereunder with a minimum of delay.

If either party considers that any circumstances of force majeure have occurred which may affect performance of its obligations it shall notify the other party immediately giving details of the nature, the probable duration and likely effect of the circumstances. Unless otherwise directed by the Contracting Authority in writing, the Contractor shall continue to perform its obligations under the contract as far as is reasonably practicable and shall seek all reasonable alternative means for performance of its obligations which are not prevented by the force majeure event. The Contractor shall not put into effect such alternative means unless directed so to do by the Contracting Authority.

30. APPLICABLE LAW AND DISPUTES

The contract is governed by and shall be construed in accordance with the laws of the Contracting Authority’s country.

Any dispute or breach of contract arising under this contract shall be solved amicably if at all possible. If not possible and unless provided in the Service Contract, it shall be settled finally by court decision, which shall be held under the law of the Contracting Authority’s country. Any ruling by the court will be final and directly executable in the country of the Contractor.

31. HUMAN RIGHTS AND LABOUR RIGHTS

The Contractor warrants that it, and its affiliates, respect and uphold Human- and Labour Rights defined in national law and in the UN Universal Declaration of Human Rights (1948) and the International Labour Organization Declaration on Fundamental Principles and Rights at Work (1998). Furthermore, the Contractor (and each member of a joint venture or a consortium) warrants that it and its affiliates comply with the UN Convention on the Rights of the Child - UNGA Doc A/RES/44/25 (12 December 1989) with Annex – and that it or its affiliates has not made or will not make use of forced or compulsory labour as described in the Forced Labour Convention C29 and in the Abolition of Forced Labour Convention C105 of the International Labour Organization. Furthermore, the Contractor warrants that it, and its affiliates, respect and uphold basic social rights and working conditions for its employees. Any breach of this representation and warranty, in the past or during the performance of the contract, shall entitle the Contracting Authority to terminate this contract immediately upon notice to the Contractor, at no cost or liability for the Contracting Authority.

32. MINES AND OTHER WEAPONS

The Contractor (and each member of the joint venture or a consortium) warrants that it and its affiliates is NOT engaged in any development, sale, manufacture or transport of anti-personnel mines and/or cluster bombs or components utilized in the manufacture of anti-personnel mines and/or cluster bombs. Furthermore, the Contractor warrants that it and its affiliates are NOT involved in the sale and/or production of weapons which feed into violations of International Humanitarian Law covered by the Geneva Conventions I-IV and Additional Protocols; and the UN Convention on Certain Conventional Weapons (1980). Any breach of this representation and warranty shall entitle the Contracting Authority to terminate this contract immediately upon notice.**

33. INELIGIBILITY

By signing the purchase order, the Contractor (or, if a joint venture or a consortium, any member thereof) certifies that they are NOT in one of the situations listed below:

(a) They are bankrupt or being wound up, are having their affairs administrated by courts, have entered into an agreement with creditors, have suspended business activities, are the subject of proceedings concerning house matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata;

(c) They have been guilty of grave professional misconduct proven by any means that the Contracting Authority can justify;

(d) They have not fulfilled obligations relating to the payment of social security contributions or payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Contracting Authority or those of the country where the contract is to be performed;

(e) They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Contracting Authority or the European Communities’ financial interests;

(f) Following another procurement procedure or grant award procedure financed by the European Community budget or following another procurement procedure carried out by the Contracting Authority or one of their partners, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

(g) He has been guilty of creating an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations of mandatory application in the jurisdiction of his registered office, central administration or principal place of business.

(h) They are involved in terrorism activities, providing support to individuals or organizations that support terrorism activities, condone the use of terrorism or involved in the provision of arms to individuals or organizations involved in terrorism.

(i) They are on a list of sanctioned parties issued by United States government, UN, EU or other government issued terrorism and sanction lists.

34. CHECKS AND AUDITS

The Contractor shall permit the Contracting Authority or its representative to inspect, at any time, records including financial and accounting documents and to make copies thereof and shall permit the Contracting Authority or any person authorized by it, including the European Commission, the European Anti-Fraud Office and the Court of Auditors in case the contract is financed by the European Community budget, at any time, to have access to its financial accounting documents and to audit such records and accounts both during and after the provision of the services. In particular, it may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence in case of suspected unusual commercial expenses

35. LIABILITY

Under no circumstances or for no reason whatsoever will the Back donor entertain any request for indemnity or payment directly submitted by the (Contracting Authority’s) Contractors.

36. DATA PROTECTION

If the Contracting Authority is subject to EU Directive 95/46/EC (General Data Protection Regulation) and the Contractor is processing personal data in the context of submitting an offer (e.g. CVs of both key and technical experts) and/or implementation of a contract (e.g. replacement of experts) the Contractor shall do so accordingly to EU Directive 95/46/EC (General Data Protection Regulation) and inform the data subjects of the details of the processing and communicate the Contracting Authority’s Privacy Policy to them.

**

By this Code of Conduct, the Contracting Authority outlines the ethical principles and standards which contractors are required to follow and uphold. The Contracting Authority is a rights-based organisation that works for people’s rights to a dignified life and equality and we expect our contractors to act in a socially responsible manner, with respect for human and Labour rights and the environment.

This Code of Conduct are aligned with recommendations from the Danish Ethical Trading Initiative (DIEH)[1], the UN Global Compact principles[2] and ECHO’s Humanitarian Aid Guidelines for Procurement 2011[3].

General Conditions

The Code of Conduct is applicable for all contractors who supply goods, services and works to our operations and projects. It defines the expectations to contractors to act in accordance with applicable law and to conduct themselves responsibly, ethically and with integrity. This includes taking appropriate due diligence measures towards minimising adverse impacts on human- and labour rights, environment and anti-corruption principles. By signing the Code of Conduct contractors agree to ensure due diligence and placing ethics central to their business.

The provision of the ethical standards constitutes minimum rather than maximum standards. International and national laws shall be complied with, and where the provisions of law and the Contracting Authority’s standards address the same subject, the highest standard shall apply.

It is the responsibility of the contractor to assure that their contractors and subcontractors comply with the ethical requirements and standards set forth in this Code of Conduct.

The Contracting Authority acknowledge that implementing ethical standards and ensuring ethical behaviour in our supply chain is a continuous process and a long-term commitment for which we also have a responsibility. To achieve high ethical standards, we are willing to engage in dialogue and collaboration with our contractors. In addition, we expect our contractors to be open and willing to engage in dialogue.

Unwillingness to co-operate or serious violations of the Code of Conduct will lead to rejection of bids or termination of contracts.

Human Rights and Labour Rights

Contractors must protect and promote human- and labour rights and work actively to address issues of concern as they arise. As a minimum they are required to comply with national laws and actively work to secure alignment to international Human and Labour Rights standards and frameworks:

Respect for Human- and Labour Rights (The International Bill of Human Rights, ILO Declaration on Fundamental Principles and Rights at Work and the UN Guiding Principles on Business and Human Rights):

The basic principles of the International Bill of Human Rights are that all human beings are born free and equal in dignity and in rights within all spheres of life. Everyone has the right to life, liberty, dignity, freedom and security of the person. Contractors must not flaunt their responsibility to uphold and promote such rights toward employees, contractors, sub-contractors and the community in which they operate.

Non-exploitation of Child Labour (UN Child Convention on the Rights of the Child, and ILO C138 & C182):

Contractors must not engage in the exploitation of child labour[4] and contractors must take the necessary steps to prevent the employment of child labour. A child is defined as a person under the age of 18 and children shall not be engaged in labour that compromise their health, safety, mental and social development, and schooling. Children under the age of 15 (in developing countries 14) may not be engaged in regular work, but children above the age of 13 (in developing countries 12) can be engaged in light work if it does not interfere with compulsory schooling and is not harmful to their health and development.

Employment is freely chosen (ILO C29 & C105):

Contractors must not make use of forced or bonded labour and must respect workers freedom to leave their employer.

Freedom of association and the right to collective bargaining (ILO C87, C98 & C154):

Contractors must recognise workers right to join or form trade unions and bargain collectively and should adopt an open attitude towards the activities of trade unions (even if this is restricted under national law).

Living wages are paid (ILO C131):

As a minimum, national minimum wage standards or ILO wage standards must be met by contractors. Additionally, a living wage must be provided. A living wage is contextual, but must always meet basic needs such as food, shelter, clothing, health care and schooling, and provide a discretionary income[5].

Non-discrimination in employment (ILO C100 & C111 and the UN Convention on Discrimination against Women):

Contractors must not practice discrimination in hiring, salaries, job termination, retiring, and access to training or promotion - based on race, national origin, caste, gender, sexual orientation, political affiliation, disability, marital status, or HIV/AIDS status.

No harsh or inhumane treatment of employees (ILO C105):

The use of physical abuse, disciplinary punishment, sexual abuse, the threat of sexual and physical abuse, and other forms of intimidation and abuse may never be practiced by contractors.

Working conditions are safe and hygienic (ILO C155 & C168):

Contractors shall provide safe and hygienic working conditions for its employees and put in place adequate measure to prevent accidents and injury to health associated with or occurring in the course of work.

Working hours are not excessive (ILO C1, C14, C30 &, C106):

Contractors must ensure that working hours comply with national law and international standards. A working week of 7 days should not exceed 48 hours and employees must have one day off per week. Overtime shall be compensated, limited and voluntary.

Regular and contractual employment (ILO C143, C183 & C132):

All work performed must be on the basis of a recognised employment relationship via written contracts, established through international conventions and national laws. Contractors shall provide leave, benefit and employment protection, and protect vulnerable group’s regular employment under these laws and conventions.

International Humanitarian Law

Contractors linked to armed conflicts or operating in armed conflict settings shall respect civilian’s rights under International Humanitarian Law and not be engaged in activities which directly or indirectly initiate, sustain, and/or exacerbate armed conflicts and violations of International Humanitarian Law[6] as defined in the Geneva Conventions I-IV and Additional Protocols. Contractors are expected to take a ‘do no harm’ approach to people affected by armed conflict.

Non-Involvement in Weapon- and Criminal Activities

The Contracting Authority advocates for the Ottawa Convention against landmines and the Convention on Cluster Munitions. Contractors shall not engage in any development, sale, manufacturing or transport of anti-personnel mines, cluster bombs or components, or any other weapon which feed into violations of International Humanitarian Law covered by the Geneva Conventions and Protocols.

Contractors shall not be engaged in any illegal or criminal activity and must never be associated with, provide support to or be involved in any terrorist activities.

Protection of the Environment

The Contracting Authority wishes to minimise the environmental damages applied to nature via our procurement activities and we expect our suppliers and contractors to act in an environmentally responsible manner. This involves respecting applicable national and international environmental legislation and acting in accordance with the Rio Declaration on Environment and Development. As a minimum, contractors must never support or be involved in illegal foresting and shall actively address issues related to proper waste management, ensuring recycling, conservation of scarce resources and efficient energy use.

Anti-Corruption

Corruption is by the Contracting Authority defined as the misuse of entrusted power for private gain and it includes bribery, fraud, embezzlement and extortion. The Contracting Authority holds a great responsibility to avoid corruption and ensure high standards of integrity,

[1] https://www.dieh.dk/om-dieh/etisk-handel/hvordan-etisk-handel/dieh-guidelines/

[2] https://www.unglobalcompact.org/what-is-gc/mission/principles

[3]http://ec.europa.eu/echo/files/partners/humanitarian_aid/Procurement_Guidelines_en.pdf

[4] The definition of Child Labour can be found at: https://www.unglobalcompact.org/what-is-gc/mission/principles/principle-5 and https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C138

[5] Discretionary income is the amount of an individual's income that is left for spending, investing, or saving after taxes and personal necessities (such as food, shelter, and clothing) have been paid.

[6] This includes pillage/looting which is the unlawful taking of private property for personal or private gain based on force, threats, intimidation, pressure and through a position of power accomplished due to the surrounding conflict.

[6] DCA’s Complaint Handling System is accessed on our website.

How to apply:

Contracting Authority:

DCA

Contact person: Nadine Bannourah

Tel: 0546193310

Fax: 02-5825638

Email: nkhr@dca.dk