REQUEST FOR CONSULTANTS’ QUALIFICATIONS FOR THE COST-BENEFIT ANALYSIS OF 2013 ADVENTURE TRAVEL WORLD SUMMIT (ATWS) IN NAMIBIA MCAN/COM/RCQ/2B03004 MCA Namibia (MCA-N) requires the services of an individual consultant (hereinafter referred to as the “Consultant”) to provide the following services: Summary of Services The objective of this Request for Consultants’ Qualifications is to procure the services of an experienced Consultant to produce a cost and benefit analysis report for the 2013 Adventure Travel World Summit 2013 (ATWS) to be held in Namibia from 26 - 31 October 2013. The study is intended to measure the economic impact of the summit prior, during and after its hosting. This document sets out the application procedure and the Terms of Reference for the above assignment. Anticipated Start Date: March 2013 Duration of Assignment: The Consultancy will be for 15 months. Application Procedure and Selection Before applying, interested Consultants shall review the Terms of Reference (Attachment 2), which provides a detailed description of the assignment and the qualifications and experience required of the Consultant. Interested Consultants shall send their responses, which shall include an Expression of Interest (EOI) to be considered for the assignment including the date of availability, up-todate CV demonstrating that the Consultant fulfils the minimum requirements described in the TOR, contact details (i.e., address, telephone and fax numbers, e-mail address, website, etc.), at least three references that can comment on the Consultant’s related work experience, and any other relevant information. The selection shall be carried out in accordance with the procedures for Selection based on the Consultants’ Qualifications method set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement Rules (see the Procurement page on website www.mcanamibia.org for the Procurement Rules). The selected Consultant will be requested to submit combined technical and financial proposals for the assignment, which, together with the Consultant’s EOI and the attached Form of Contract (Attachment 3), will be used for the negotiation of a fixed-price contract between the Consultant and MCA Namibia.
Interested Consultants shall submit their responses in the standard MCA-N EOI format (Attachment 1) to: The Procurement Manager, MCA Namibia, Atlas House, 3rd Floor Room 13 117 Sam Nujoma Drive Windhoek, Namibia Alternatively they can send their responses electronically to the following e-mail address:
[email protected] Deadline for the submission of responses: 13h00 on 25 January 2013.
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Attachment 1: Expression of Interest Forms
Expression of Interest: Form 1 [Location, Date] Mr. Johann Botha Director Procurement MCA Namibia
Dear Sir, Re: COST-BENEFIT ANALYSIS OF 2013 ADVENTURE TRAVEL WORLD SUMMIT (ATWS) IN NAMIBIA MCAN/COM/RCQ/2B03004 I, the undersigned, offer to provide the consulting services for the abovementioned assignment in accordance with your Request for Consultant’s Qualifications dated [Insert Date] and this Expression of Interest. I hereby submit my Expression of Interest, which will be open for acceptance for a period of 30 (thirty) days. I hereby declare that all the information and statements made in this Expression of Interest are true and accept that any misrepresentation contained in it may lead to my disqualification. If negotiations are held during the initial period of validity of the Expression of Interest, I undertake to negotiate on the basis of the availability of the proposed team members for the assignment. My Expression of Interest is binding upon myself and subject to the modifications resulting from Contract negotiations, and I undertake, if my proposal is accepted, to initiate the consulting services related to the assignment not later than [insert the date on which you will be available to commence with the assignment] I understand you are not bound to accept any proposal that you may receive. Yours sincerely, Name and title of Signatory Address of Consultant
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Attachment 1: Expression of Interest Forms
Expression of Interest: Form 2 Team Composition and Task Assignments Not Used
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Attachment 1: Expression of Interest Forms
Expression of Interest: Form 3 Curriculum Vitae (CV) 1.
Name
[Insert full name]
2.
Date of Birth
[Insert birth date]
3.
Nationality
[Insert nationality]
4.
Education
[Indicate college/university and other specialized education, giving names of institutions, degrees obtained, and dates of obtainment].
5.
Membership in Professional Associations
6.
Other Training
7.
Countries of Work [List countries where the consultant has worked in the last ten years] Experience
8.
Languages
[Indicate appropriate postgraduate and other training]
[For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing] Language
9.
Employment Record
Speaking
Reading
Writing
[Starting with present position, list in reverse order every employment held by the consultant since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.] From [year]:
To [year]:
Employer: Position(s) held: 10.
Work undertaken [Among the assignments in which the consultant has been involved, that best illustrates indicate the following information for those assignments that best illustrate capability to handle his/her capability to handle the tasks listed in the TOR] the tasks assigned: Name of assignment or project: Year Location: Client: Main project features:
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Attachment 1: Expression of Interest Forms Position held: Activities performed: 11.
References: [List at least three individual references with substantial knowledge of your work. Include each reference’s name, title, phone and e-mail contact information. MCA Namibia reserves the right to contact other sources as well as to check references, in particular for performance on any relevant MCC-funded projects.]
12.
Task assigned for this consultancy: Not Used
13.
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. I, the undersigned, hereby declare that I agree to participate in the above-mentioned assignment. I further declare that I am able and willing to work for the period foreseen in the above referenced Request for Consultant's Qualifications.
Signature
Date
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Attachment 3: Contract Form
Terms of Reference
Cost-Benefit Analysis of 2013 Adventure Travel World Summit (ATWS) in Namibia 1.
Summary
The Millennium Challenge Account Namibia (MCA-N), in collaboration with the Ministry of Environment and Tourism (MET), is seeking to procure the services of an experienced consultancy (hereafter referred to as “the Consultant”) to produce a cost and benefit analysis report for the 2013 Adventure Travel World Summit 2013 (ATWS) to be held in Namibia from 26 - 31 October 2013. The study is intended to measure the economic impact of the summit prior, during and after its hosting. Namibia was successful in being selected by the Adventure Travel Trade Association (ATTA) as the host of the 2013 ATWS. This ATWS is expected to draw 700 decision makers in the adventure travel industry, resulting in international exposure and awareness of Namibia as a viable adventure tourism destination. MET expects that the summit will stimulate economic growth, increase tourism revenue in the short and long term, and create more employment. The summit will be held in the coastal town of Swakopmund, with pre and post-adventure tours around the country. The bidding for this summit was a public/private sector initiative and both sectors are committed to the successful hosting of the summit. MCA-N has provided support to MET and the Namibia Tourism Board (NTB) – through the MCA-N funded activity known as North American Destination Marketing (NADM) – in the preparation of the bid to ATTA and the NADM consultant team will continue to assist MET and NTB with activities required for the hosting of the summit.
2.
Background information
2.1
The Millennium Challenge Corporation (MCC)
The Millennium Challenge Corporation (MCC) was established in January 2004 as a United States government corporation to implement the Millennium Challenge Account (MCA). MCC’s mission is to reduce poverty by supporting sustainable, transformative economic growth in developing countries, which create and maintain sound policy environments. MCC is designed to support innovative strategies and to ensure accountability for measurable results. For additional information on MCC please visit http://www.mcc.gov. 2.2
Namibia’s Millennium Challenge Compact
The Millennium Challenge Account (MCA) Namibia Compact, providing grant funding for public investments in Education, Tourism and Agriculture (livestock and indigenous natural products), was signed on 28 July 2008 between the Republic of Namibia and the US Government, acting through the Millennium Challenge Corporation. An amount of US$304.5 million is available for development in
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Attachment 3: Contract Form the target sectors, over and above current Government allocations and assistance from other development partners. The Goal of Namibia’s Millennium Challenge Compact is to reduce poverty through economic growth in the Education, Tourism and Agriculture sectors. To accomplish the Compact Goal, the MCA-N Programme aims to achieve the following objectives: i)
increase the competence of the Namibian workforce (knowledge, skills and attitude); and
ii)
increase the productivity of agricultural and non-agricultural enterprises in rural areas.
The Compact aims to improve the quality of education and training for under-served populations, and attempts to capitalize on Namibia’s comparative advantages to increase the incomes of poor Namibians, predominantly in the northern areas of the country. 2.3
The MCA Namibia Management Structure
MCA-N is the accountable entity, responsible for the overall management of the Compact’s implementation. MCA-N is a legal entity within the National Planning Commission (Office of the President) comprised of a Board and a Programme Management Unit. The MCA-N Board provides oversight and strategic guidance and is ultimately responsible for the Programme’s success. The MCA-N Management Unit is responsible for the implementation of the Compact, including programme management, financial management and reporting, and coordination of monitoring and evaluation. The Programme is legally governed by the Compact and its supplemental agreements. For additional information please visit http://www.mcanamibia.org. 2.4
Sector Background
Consistent with Namibia’s national development strategies, the Government of the Republic of Namibia (GRN) aims to develop one of its fastest growing “export” industries, the tourism sector. Export earnings from international visitors and tourism goods are expected to grow in nominal terms to 22.6% (US$2,092.8 million) by 2018. GRN also recognizes that tourism is an important generator of employment, particularly in rural areas where most tourism occurs. While the tourism industry in Namibia has enjoyed steady growth since independence in 1990, Namibia has lagged behind relative to regional competitors despite its abundance of natural eco-tourism assets and relative political stability. Compared to South Africa’s 9.2 million international visitors in 2007, Namibia received less than 1 million international visitors in the same year.1 Despite these modest numbers, Namibia has the potential to become one of Africa’s leading tourism economies over the next decade. The contribution of travel and tourism to GDP was expected to increase from 14.5% (US$1,051.7 million) in 2008 to 20.7% (US$2,967.9 million) by 2018 and from 18.2% (77,000 jobs) to 23.7% (129,000 jobs) of total employment in that same period. According to the World Travel and Tourism Council, growth in the travel and tourism economy is expected to be 5.9% in 2008 and to average 7.7% per
1
World Travel and Tourism Council, “Tourism Satellite Accounting Tool,” http://www.wttc.travel/eng/Tourism_Research/Tourism_Satellite_Accounting_Tool/index.php
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Attachment 3: Contract Form annum over the coming 10 years, which ranks the Namibia tourism industry 8th out of 176 countries in growth forecast.2 The MCA-N Programme seeks to address the following three challenges with regard to more rapid growth in the tourism industry and also the need for greater participation by Namibia’s rural communities in the tourism sector: i)
Etosha National Park (ENP), the jewel that attracts tourists to Namibia, is not fully developed in terms of its tourism potential and faces management challenges relative to competing regional parks;
ii) Namibia is relatively unknown as a tourism destination with little diversification of source markets for long-haul international tourists; and iii) Low levels of private investment on communal land due to high transaction costs and the difficulty in securing long-term access to land limit potential benefit streams for Namibia’s formerly disadvantaged communities. By functionally establishing the NTB, undertaking reform efforts regarding National Park management and the awarding of concessions3, GRN acknowledges the strategic importance and the potential contribution of tourism to economic growth and poverty alleviation. The MCA-N Programme aims to build on these measures and increase the overall number of tourist arrivals and spend in Namibia and to direct tourism income to formerly disadvantaged communities in communal conservancies. The first objective is to make ENP (Etosha National Park) a more attractive destination through institutional and infrastructure improvements and also by strengthening the marketing efforts and reach of NTB. The second objective of directing benefit streams resulting from tourism to the formerly disadvantaged will be achieved through support to develop the capacity of communal conservancies to attract investment and to participate in ecotourism income-generating enterprises. According to the 2007 Management Plan for ENP, the park’s mission statement is the effective management and sustainable use of biodiversity to develop and enhance socio-economic benefits through the development of appropriate opportunities, especially tourism, for present and future generations, locally, nationally and internationally through the implementation of this plan, ENP will serve as a model for increased participation by the adjacent conservancies in the tourism activities supported by this and other national parks. The Tourism Project aims to facilitate access to the Park for the conservancies around it through the granting of exclusive access concessions, to be awarded in accordance with the 2007 Concession Policy. Improving access to public resources for the economic empowerment of formerly disadvantaged Namibians takes centre stage in the Concession Policy. Concessions also generate additional revenue for the State to finance the upkeep of the protected areas. Namibia has over 15 years of experience promoting community-based tourism and the MCA-N Programme will capitalize on the best practices developed to date.
2
World Travel and Tourism Council, “Travel & Tourism – The Winds of Change,” 2008 MET defines concessions as: the rights, whether full or restricted or shared or exclusive to conduct tourism activities and/or to commercially use state-owned plant and/or animal resources (collectively referred to as wildlife resources) on business principles in proclaimed protected areas and any other State Land for a specified period of time. 3
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Attachment 3: Contract Form 2.5
The Tourism Project
The Tourism Project seeks to bring the conservancies in high potential tourism areas into the mainstream of the tourism business, increasing the financial and in-kind benefits to rural conservancy members. Internationally-acknowledged best practice models for community-based tourism and community-based natural resource management underpin the Tourism Project. This is the first MCC project with an explicit focus on tourism, acknowledging the sector’s tremendous poverty alleviating potential in rural communal areas of Namibia. The Etosha National Park will serve as a model for increased participation by the adjacent conservancies. The MCA-N Tourism Project will facilitate access to the Park for the conservancies around it through exclusive access concessions, to be awarded through the 2007 Concession Policy. The MCA-N Tourism Project will also enhance the regional and international marketing of Namibia as a tourism destination, through the construction of a new website, through focusing on online marketing activity; by expanding activities into North America; and developing and marketing identified local and regional tourism routes in Namibia. Please visit http://www.mcanamibia.org for the detailed Project Descriptions. The MCA-N Programme will support three priority activities in the tourism sector: i)
Improve management and infrastructure of ENP – With MCC funding, management centres and staff housing will be constructed in ENP, road maintenance and game translocation equipment purchased and technical assistance provided towards policy and management reforms.
ii) Enhance the marketing of Namibia tourism – Opening up new markets through destination marketing in North America, increasing the coverage of the work of NTB through an extensive innovation of its website (and associated online activity) and the mainstreaming of conservancy-based tourism establishments and activities through domestic route marketing will be the focus of this Activity. iii) Develop the capacity of communal conservancies to attract investments in ecotourism and capture a greater share of the revenue generated by tourism in Namibia – Providing technical and business support to selected conservancies and access to grant funding to conservancies in joint venture business partnerships for conservancy-based tourism activities assist in mainstreaming conservancy-based tourism. Together, these activities will generate income and create employment opportunities for some of the less fortunate communities in Namibia, while conserving the natural resources that serve as the foundation of the tourism industry. 2.6
The Marketing Namibia Tourism Activity
While the Namibia tourism sector has grown at a steady rate since independence in 1990, it has underperformed relative to regional competitors and it remains especially susceptible to seasonal fluctuations. Diversification of source markets for tourists is a key element to increasing tourist arrivals and reducing seasonal fluctuations. The Marketing Activity aims to increase tourist arrivals 4
Attachment 3: Contract Form to Namibia by extending marketing to North American tourists, developing and marketing local and regional tourism route packages, and developing a fully interactive website whilst optimizing the usage of this website as well as engaging new online marketing techniques. 2.7
The Interface with NTB and MET
The NTB operates as a fully-fledged national tourist office, promoting the country internationally and domestically and with responsibility for the national accommodation quality scheme which includes the collection of levies. NTB has three high level marketing objectives: a) to increase tourist spending in Namibia; b) to raise awareness of Namibia as a tourism destination; and c) to encourage regional and seasonal spread amongst tourist. MET is the line Ministry responsible for the NTB. The Directorate of Tourism in MET and the NTB worked closely with MCA-N in bidding successfully to hoist ATWS 2013.
3.
Objective
The key objectives of this consultancy are to measure the impact of the hosting of ATWS 2013 on the Namibian economy during the: a) pre-event phase – capture and analyse all operational expenditures, construction and upgrading of venues and accommodation, and the necessary upgrading of transport infrastructure (if any) in the twelve months preceding the event; b) event phase – capture and analyse all major expenditures on the summit, and cash injections through participants and activities linked to the summit; and c) post-event phase – capture analyse all expenditure through induced international tourism six months after the hosting of the summit. The outcome of the study will quantify Namibia’s Return on Investment, from both public and private sector perspective, in terms of the costs and benefits related to summit preparations, execution, close-out and related services and activities. Short and long term economic gains for the country through both tangible and intangible impacts will be captured and analysed. Namibia will make use of the results as a tool when planning to bid for hosting of future tourism mega events.
4.
Scope of Work
To achieve these objectives, the Consultant will be required to complete the following key Tasks: (A) Desktop Study
Review any related studies of this nature done in Namibia or in the SADC region. Also review 5
Attachment 3: Contract Form any studies previously done by the Adventure Travel Trade Association (ATTA) on impacts of ATWS on host countries; (B) Development of Economic Impact Model
Develop version 1 Economic Impact Model, clearly stating the methodology to be used and identifying data needs and assumptions, for discussion and validation with the 2013 ATWS National Organising Committee and ATWS Secretariat;
Present the Economic Impact Model in detail to the stakeholders and incorporate valid feedback;
Through various iterations, arrive at agreed and validated final version of Economic Impact Model. (C) Data Collection
By means of data collection (conduct exit surveys with ATTA delegates, conduct enterprise surveys with local businesses, engage with key stakeholders directly in and/or impacted by the ATWS 2013 summit) and research obtain as much data for input into the model and to substantiate the model’s assumptions, which would include: o
operational expenditures of both the public and private sectors before, during and after the summit (this will include spent on logistics, transportation, host country receptions, gifts, temporary employment, communication, pre- and post-summit adventures, conference services, etc.);
o
income earned (by both the public and private sector) and jobs created from ATWS 2013;
o
direct and indirect expenditure by the delegates on accommodation, food, transportation, entertainment, pre- and post- summit adventures and souvenirs and how much of that income is spent locally;
o
multiplier effect of the income earned by ATWS 2013;
o
impact of media exposure, public relations and social media as part of the destination awareness.
(D) Running of Economic Impact Model
Calculate the costs and benefits of the 2013 ATWS hosted by Namibia in various scenarios.
Present and discuss findings with key stakeholders and inculcate valid feedback in final reporting on findings. (E) Reporting:
Produce the following reports: Inception Report:
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Attachment 3: Contract Form This report shall be delivered four calendar weeks after signing and shall include a plan for executing the key tasks outline in the Scope of work. Detailed Work Plan and travel schedule for the first six months, and notional work plan for the remainder of the contract.
Economic Impact Model Draft Report:
This report shall outline the methodology to be used for this study and report on the data needs and assumptions. Economic Impact Model Final Report:
This report shall incorporate feedback from the stakeholders after the draft Economic Impact Model was presented. Draft Data Collection Plan: This document shall include the methodology followed, the preliminary data used as the basis of the study and the data validation.
Final Data Collection Plan:
This document shall incorporate feedback from the stakeholders on the draft data collection plan. Draft Report on Findings of Economic Impact Model:
This report shall present the findings of the Economic Impact model in a systematic structure for comparing the total expected costs against the total expected benefits. This report should also indicate whether the benefits outweighs the costs and by how much. Final Report on Findings of Economic Impact Model: The Final report will detail the results of the study with reference to the set objectives. The report will also detail the methodologies used to under the study. Finally the report will draw conclusions and make recommendation regarding future cost and benefit analysis for tourism events in Namibia.
5.
Project Time Table
Deliverables
Months 1
2
3
4
5
6
Inception report Economic Impact Model Draft Report Economic Impact Model Final Report Draft Data Collection
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7
8
9
10
11
12
13
14
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Attachment 3: Contract Form Plan Final Data Collection Plan Draft Report on Findings of Economic Impact Model Final Report on Findings of Economic Impact Model
6.
Implementation Requirements
6.1
General Implementation Requirements
The Consultant shall be guided by best practices in tourism impact studies, including but not limited to the following actions:
Work closely with MET, NTB, ATTA and the Namibian tourism sector during the duration of this consultancy;
Work closely with other MCA-N funded tourism marketing activities and their respective consultant teams: North American Destination Marketing, Online Marketing, NTB Website and Development & Marketing of local and regional tourism routes;
In terms of workstation, the Consultancy, should it not be based in Namibia, will travel to Namibia as per a pre-approved travel plan.
6.2
Timeframe
The contract will be for 15 months. (March 2013 until May 2014) 6.3
Reporting Relationships
The Consultant shall report to MCA-N, to the Manager: Tourism Marketing, but will liaise closely with MET on all contract deliverables. The Consultant will freely interact with the MET and forge a close working relationship with MET and the ATWS 2013 organising team to ensure optimal results.
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Attachment 3: Contract Form 7.
Individual Consultant
Educational Requirements
Tertiary degree, ideally in the tourism, economics and/or related fields
Experience and skill requirements
Extensive experience in tourism research is a requirement.
Experience in conducting impact related studies on hosting mega events is highly desirable.
Previous tourism research experience in Southern Africa is highly desirable and particular experience in Namibia is an advantage.
Project implementation skills and analysing both quantitative and qualitative data.
Ability to work with stakeholders with different interests and priorities and work under tight deadlines with minimal supervision.
Strong computer skills.
Report writing skills are important.
Fluency in English is essential.
8.
Payment Schedule
Report Inception report
Payment Due Date 10% 01 April 2013
Amount TBD
Economic Impact Model Draft Report
15%
TBD
Draft Data Collection Plan
10%
TBD
Final Data Collection Plan
10%
TBD
Draft Report on Findings of Economic Impact Model
20%
TBD
Final Report on Findings of Economic Impact Model
35%
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01 May 2014
TBD
Attachment 3: Contract Form
CONTRACT FORM
MILLENNIUM CHALLENGE ACCOUNT NAMIBIA CONTRACT FOR INDIVIDUAL CONSULTANT SERVICES MCAN/COM/RCQ/[ ] This contract for independent consultant services (the “Contract”) is made as of [insert date] by the Chief Executive Officer of the Millennium Challenge Account Namibia ("MCA-N") acting on behalf of the Government of the Republic of Namibia whose address is: For MCA Namibia:
For Consultant:
This contract is subject to the applicable provisions of the Programme Implementation Agreement (the “PIA Agreement”) between the Millennium Challenge Corporation and the Government of the Republic of Namibia, signed in January 2009. 1. DURATION OF THE CONTRACT This contract is effective as of the date of signing and shall expire on [Insert Date], unless terminated earlier in accordance with Section 7. It is expressly stated, and the Parties agree, that this Contract is one of an independent consultancy and not of employment. Therefore, the Parties agree that no legitimate expectation of employment or renewal of this Contract is or can be created. 2. MANDATE The Consultant agrees to perform the duties and accept the responsibilities set forth in Terms of Reference contained in Appendix A of this contract. 3. STATUTE, RIGHT AND OBLIGATIONS OF THE CONSULTANT The rights and obligations of the Consultant are strictly limited to the terms and conditions of this Contract. Consequently, the Consultant does not have the right to any advantage, payment, subsidy, compensation or pension on behalf of MCA-N except for those expressly provided for under the terms of this Contract. The Consultant warrants that he has not and will not engage in any activity
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Attachment 3: Contract Form that would give rise to a right of termination under Sections 5.8 (a) of the Programme Implementation Agreement.
4. REMUNERATION 4.1 MCA-N shall pay the Consultant, as full remuneration for providing part-time based services under this Contract, a fixed lump sum not exceeding [insert amount] exclusive of VAT. VAT will be paid in addition to the fee if the Consultant should be registered with the Receiver of Revenue to pay VAT. All payments owed to the Consultant under this Contract will be paid directly by MCA into the account set forth in Appendix B (Wire Transfer Instructions), within 30 working days after completion by the Consultant of the deliverables set forth in Appendix A and the receipt by MCA-N of an invoice, or a tax invoice, as the case may be, for the payment that is due. 4.2 No other remuneration, favours, compensation or subsidy other than reasonable travel and accommodation costs travel outside Windhoek as specified in Appendix A, will be paid to the Consultant under the terms of this Contract. 5. INCOME TAX The Consultant alone is responsible for the payment of any income taxes that may be owed in respect of remuneration received in terms of this Contract. MCA-N will not withhold any amounts from the Consultant’s remuneration for purposes of income tax. 6. INSURANCE The Consultant shall take out and maintain insurance as is reasonable and customary in the Republic of Namibia. 7. TERMINATION Either party can terminate this Contract at any time upon thirty days prior written notice. Except as expressly stated in this Contract, upon termination or expiration of this Contract, all obligations under this Contract are terminated. 8. CONFIDENTIALITY During the term of this contract and for two years thereafter, the Consultant shall not reveal any sensitive or confidential information concerning the Consultant’s services under this Contract or the businesses or the activities of MCA-N without prior written authorization from MCA-N. 9. RIGHTS OF TITLE Any studies, reports or other material, graphic, software or otherwise, prepared by the Consultant for MCA-N under this Contract shall belong to, and remain the property of MCA-N. 10. NON PUBLIC INFORMATION The Consultant shall treat and maintain as confidential all information, communications and documents received in his capacity as Consultant and relating to his duties, this Contract, or MCA-N’s business or operations. The Consultant shall not disclose such information, communications or documents, except on a need-to-know basis and under similar obligation of confidentiality and shall not use such information, communications or documents other than in the course of performance of his duties under this Contract. These provisions shall survive the termination or expiration of this Contract. 11
Attachment 3: Contract Form 11. DISCLOSURE The Consultant will reveal to the MCA-N any business or professional employment or activity in which it has been/will be engaged before or during this Contract. These activities shall not be incompatible with provision of the services required under this Contract and shall not create, or give the appearance of creating, a conflict of interest. 12. STANDARDS OF CONDUCT 12.1 The Consultant will perform the services under this Contract faithfully, diligently, in accordance with the highest standards of professional and ethical competence and integrity, and in a timely manner in order to advance MCA-N’s interests. 12.2 The Consultant shall not engage in any activity incompatible with MCA-N’s interests. The Consultant will avoid any action, including, without limitation, any kind of public statement, which will compromise the integrity, independence and impartiality which are required for the Consultant’s relationship with MCA-N. 12.3 The Program Assets are not intended for personal use and shall therefore only be used by the Consultant in the performance of his official duties under this Contract, except for incidental use and as otherwise provided under any policies and/or procedures adopted by MCA-N from time to time. 12.4 The Consultant affirms and agrees that no payments have or will be received by any official of MCA-N or any other Government official in connection with the Consultant’s employment, and no payments have been made by the Consultant to any third party in connection with the Contract in violation of any applicable Namibian law or MCA-N’s polices and procedures on conflict of interest and ethics. The Consultant affirms and agrees that no payments have been or will be received by the Consultant in connection with the Consultant’s performance of his duties under the Contract, except for payments specified in Section 4 of this Contract. 12.5 The Consultant agrees that he shall not participate in the selection, award, or administration of a contract, grant or other benefit or transaction financed in whole or in part by MCC funding, in which (i) the Consultant, members of the Consultant’s immediate family or household or the Consultant’s business partners, or organizations controlled by or substantially involving the Consultant has or have a financial interest, or (ii) the Consultant is negotiating or has any arrangement concerning prospective employment, unless the Consultant has first disclosed in writing to MCA-N the conflict of interest and, following such disclosure, MCA-N has agreed in writing to proceed notwithstanding such conflict and, if requested by MCA-N, the Consultant will promptly recuse himself or herself from such participation. 12.6 The Consultant agrees that he shall not (and shall seek to ensure in his role as the Consultant that no other person or entity involved in the selection, award, administration or implementation of any contract, grant or other benefit or transaction financed in whole or in part by MCC Funding), (i) solicit or accept or offer a third party or seek or be promised directly or indirectly for himself or for another person or entity, any gift, gratuity, favor or benefit, other than items of de minimis value and otherwise consistent with MCA-N’s policies and procedures on conflict of interest and ethics, or (ii) engage in any activity that is, or gives the appearance of being, a conflict of interest.
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Attachment 3: Contract Form
13. RELATIONSHIP OF THE PARTIES; MCC STATUS 13.1 The Consultant acknowledges that MCC is neither the individual employer nor a joint employer of the Consultant. The Consultant understands that the performance of his duties will be dictated by MCA-N and not by MCC. 13.2 MCC is a United States Government corporation acting on behalf of the United States Government in the implementation of the Compact. As such, MCC has no liability under the Contract, and is immune from any action or proceeding arising under or relating to the Contract. In matters arising under or relating to the Contract, MCC is not subject to the jurisdiction of the courts in Namibia or any other body in any other jurisdiction.
14. APPLICABLE LAW AND LANGUAGE OF THE CONTRACT This contract shall be governed by Namibian law and the language of the contract is English.
15. DISPUTE RESOLUTION Any complaint or disagreement related to the execution of this Contract which cannot be resolved with amicable discussions will be subject to arbitration in accordance with the Professional Arbitration and Mediation Association of Namibia arbitration rules in force as of the date of this Contract. I have reviewed and understood the details of this Contract (which, for the avoidance of doubt, includes the appendices).
SIGNATURES For the MILLENNIUM CHALLENGE ACCOUNT:
For the CONSULTANT:
………………………………………………………
………………………………………………………
……………………………………………………… Witness
……………………………………………………… Witness
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Attachment 3: Contract Form
APPENDICES APPENDIX A – TERMS OF REFERENCE
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Attachment 3: Contract Form
APPENDIX B – WIRE TRANSFER INSTRUCTIONS
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