REQUEST FOR PROPOSAL (RFP)

TENDER TITLE: Formative Evaluation of the Standards Harmonization and Conformity Testing Programme

TENDER NUMBER: PRQ20140557

ISSUE DATE: 03 November 2014

DUE DATE: 24 November 2014 (5.00 P.M. KENYA TIME)

REQUEST FOR PROPOSAL

Formative Evaluation of the Standards Harmonization and Conformity Testing Programme

INVITATION TO TENDER INSTRUCTIONS

CONTENTS

Introduction 1.General 2.Acceptance of Tenders

Instructions for Submitting a Tender3. Forma t of Your Tender 4. Part A Preliminary requirements 5. Part B Executive Summary 6. Part C General & Technical Aspects 7. Part D Commercial Tender 8. Confirmation of availability 9. Government Tax 10.Evaluation Criteria & Process 11.Technical Evaluation 12.Financial Evaluation 13.Packaging and Delivery of Tenders

Other Information14. Terms of Reference 15. Conflict of Interest 16. Disclosures 17. Joint Venture Tenders 18. TMEA’s Treatment of Your Tender 19. Sustainable Development

Annexes20. Annex 1: Pro-Formas 21. Annex 2: Contract 22. Annex 3: Technical Bid Submission Form 23. Annex 4: Fair Price Declaration 24. Annex 5: TMEA Code of Ethics 25. Annex 6: Financial Bid Submission Form

Introduction 1. This Request for Proposal (RFP) and in particular the Instructions for Compiling and Submitting

Your Tender are designed to help you produce a tender that is acceptable to TMEA as well as ensuring that tenders are given equal consideration. TMEA will select the most economically advantageous tender. It is essential, therefore, that you provide the information requested in the specific format and no other.

2. TMEA is not bound to accept the lowest, or any, tender. We also reserve the right to request any, or all, to clarify the bids submitted.

Instructions for Compiling and Submitting your Tender3. Format of Your TenderYour tender should be submitted in English and be set out in four (4) main parts

Part A – Preliminary requirement Part B - Executive Summary Part C - General and Technical Part D – Financial

4. Part A Preliminary requirementsBidders are required to submit certified scanned copies of statutory requirements which MUST include:

Copy of Certificate of Registration/Incorporation; Tax Compliance Certificate from your Revenue Authority; Copy of passport/ Identification Card (if individual vendor); and Copy of VAT/ TIN/ PIN/ Social Security Certificate.

Failure to submit the above requirements may lead to disqualification.

Parts A, B & C may be contained in one document including signed Technical Bid Submission Form (Annex 3), signed Fair Price Declaration (Annex 4) and signed TMEA code of Ethics (Annex 5); however, Part D alongside Financial Bid Submission Form (Annex 6) must be separate to enable Technical and Financial bids to be evaluated independently. Please do not include any financial/ price information in Part A, B or C. Inclusion of any price information may lead to bid rejection.

5. Part B – Executive SummaryThis should be a brief overview of your tender covering how you intend to achieve the outputs and your assessment of the resources required.

6. Part C – General and Technical TenderYour Technical submission should contain the following;

a) Any Qualification to Terms of Reference including scanned copies of relevant certificates.b) Technical Response (including method of implementation and your proposed quality

assurance mechanisms).c) Your CV with information relevant to this project to support (a) above.

d) Personnel Inputs – include person days without any reference to fees.e) Previous relevant Experience.

7. Part D – Financial TenderAll prices must be for the duration of the contract. Your Financial bid should contain the following information:

Signed and stamped Financial Bid Submission Form (Annex 6); Confirmation of acceptance of TMEA’s Conditions of Contract without amendments (available

on TMEA website under work with us link button & specifically Supplier resources and information);

Pricing details using the enclosed pro-formas. Besides completing proforma 1, bidders must complete proformas 2, 3 and 4 on a fees and expenses basis to demonstrate the cost breakdown of the milestone payments. Innovation is encouraged in the development and pricing of technical and commercial proposals; and

A list of the names and designation of all nominated personnel proposed to work on this project. NOTE: TMEA shall determine, on a case by case basis, whether the contract will be based on fees/ reimbursable or on milestone.

8. Confirmation of availabilityYou must confirm that you will be available to provide the required services for the duration of the contract.

9. Government Tax Bidders are responsible for establishing the status of the Services for the purpose of any government tax in any East African country. All fee rates proposed by the tenderer should be inclusive of all taxes applicable. The contract shall be domiciled in Kenya and Government of Kenya tax laws shall apply.

10. Evaluation Criteria and Process In assessing the proposals submitted, the evaluation committee will use the Quality and Cost Based Selection (QCBS) selection as per 11 below.

11. Technical evaluationA. Technical submission evaluationThe Technical evaluation will be based on a point - system marked out of a maximum of 70 points. Only proposals that score at least 50 points in this Technical evaluation will be deemed to be “substantially responsive”. Marks will be awarded according to the following matrix:

NO DESCRIPTION Max score (70)

A. Qualification and competence of Consultants

1 Experience/ Expertise in relevant field 10

NO DESCRIPTION Max score (70)

2 Qualification of consultants 5

3 Similar work carried out and supervised in EAC 10

4 Evidence of meeting specific requirements in the TORS 10

B. Technical approach (35)

1 Understanding of assignment objectives 10

2 Adequacy of proposed methodology/work plan 10

3 Logic, sequencing, interrelation of activities 5

4 Evidence of capacity to undertake work in terms with TOR and quality assurance

10

TOTAL SCORE 70

If deemed necessary, the top three bidders from the Technical evaluations shall be invited to make presentations to the evaluation committee.

12. Financial Evaluation All substantially responsive proposals that score 50 points or more from the Technical submission evaluation shall have their Financial proposals evaluated. The formula for determining the Financial score (SF) shall be as follows:

Sf = 30 x fm/f where:

Sf is the financial score

Fm is the lowest fees quoted and

F is the fees of the proposal under consideration.

The lowest fees quoted will be allocated the maximum score of 30%.

The bidder’s proposals will be ranked according to their combined Technical score (st) and financial score (sf) and weighted accordingly. The formula for the combined scores shall be as follows;

S = ST x T% + SF x P%

Where:

S, is the total combined scores of Technical and financial scores

St is the Technical score

Sf is the Financial score

T is the weight given to the Technical proposal (in this case 70%) andP is the weight given to the Financial proposal (in this case 30%)

Note P + T will be equal to 100%.

13. Packaging and Delivery of TendersAll tender documents must be submitted online on the TMEA procurement portal http://procurement.trademarkea.com on or before 24 November 2014 (by 5.00 p.m. Kenya time). The Technical and Financial proposal will be submitted as two separate secure documents in PDF format. Please note that the maximum size of the attachments is 10MB.

Late tenders will not be accepted in any circumstance. No special pleadings will be accepted. Faxed, email or hard copy tenders/ submissions shall be rejected.

14. Terms of Reference

FORMATIVE EVALUATION OF THE STANDARDS HARMONISATION AND CONFORMITY TESTING PROGRAMME

1. BACKGROUND TradeMark East Africa (TMEA) programme aims to improve trade competitiveness in East Africa by reducing transport time/costs and improving the trade environment. It targets an increase in trade of 10% (above trend) by 2016, contributing to sustained economic growth and poverty reduction. TMEA was officially launched in February 2011 as a specialist not-for-profit agency to implement a programme to promote trade growth in East Africa. TMEA is currently funded by the UK, Belgium, Canada, Denmark, Finland, Netherlands, Sweden and USA. TMEA’s secured budget to date totals about £330 million ($540m). The programme is currently scheduled until December 2017 with the possibility of a new programming phase beyond that.

Standards are rules, guidelines for activities or their results aimed at the achievement of the optimum degree of order in a given context. They are necessary for many reasons, including environmental protection, safety, national security and consumer information and protection. Although standards and technical regulations vary from country to country, their harmonization is crucial for countries interested in promoting competitiveness, cross-border trade, exports and economic growth. If not harmonized, particularly in a region politically and economically stimulated to integrate, such as the EAC, standards can become technical barriers to trade (TBTs). The role of standards and the effectiveness of the national Bureaus of Standards in the EAC region are currently restricted in their effectiveness. The existing regional limitations include the need for regional harmonization of standards. To support the EAC Partner Countries in addressing this constraint, TMEA regional programme is, in coordination with the national and regional stakeholders, supporting the national Bureaux of Standards in achieving regional harmonisation of standards and enhanced export competitiveness. The TMEA regional programme has been providing assistance since 2011, that includes the following initiatives: (a) a capacity building component to increase the quality and competitiveness of EAC-manufactured products, such as market surveillance of counterfeit and substandard goods, certification of locally-manufactured goods and private sector certification; (b) Upgrading the legal framework in line with SQMT and QSP; (c) strengthening laboratories to increase the number of possible tests and promoting regional cooperation; (d) Fostering private sector certification and capacity building of the private sector.

At the regional level, Trademark East Africa is also funding the Standards Platform, a structure within the East African Business Council. The Standards Platform, with support from the private sector, lobbies for increased harmonization of priority standards. This will eliminate the cost of complying with multiple standards, reducing the cost and time of doing business throughout East Africa. Based in Arusha, the Standards Platform operates alongside and in support of the East African Standards Committee and the East African Accreditation Board. The Platform gathers priority advocacy issues affecting the private sector in the areas of harmonization of standards, lobbies for the fast tracking of adoption and revision of East African Standard and adherence to the principle of mutual recognition of mark of quality based on product standards of the traded goods in the EAC. The Platform also

advocates for development of a regional technical regulations framework in EAC among other activities it undertakes. To support the EAC Partner Countries in addressing this constraint, TMEA is, in coordination with the national and regional stakeholders, implementing initiatives to promote their regional harmonization, and greater coordination and collaboration among the national Bureaus of standards and associated entities. This initiative will contribute to TMEA outcomes by reducing transport related costs along the key corridors in East Africa, by strengthening the national capabilities of the respective Bureaus of Standards in their efficiency and effectiveness of testing, and by increasing the levels of coordination and collaboration among national Bureaus of Standards.

TMEA also supports initiatives on private sector certification and encourages self-regulation of companies. The modality of the above support is technical assistance (TA), although TMEA also provide assistance through grants. TA is provided through consultants working in close coordination with the EAC Secretariat and national Bureaux of Standards. Technical assistance is implemented at the national level in coordination with the regional programme in order to maintain consistency with other initiatives being implemented in the other EAC Partner States, individually, and regionally.

The country programmes have separate budgets which reflect the regional differences in infrastructure and legal framework. Burundi and Rwanda, countries which are located at the end of the transport corridors, are the neediest in terms of support requirements from TMEA, including on laboratory equipment, and were allocated larger budgets than the other EAC Partner States for the Standards initiative.

TMEA supports Burundi Bureau of Standards (BBN) with a series of initiatives cross-linked with the regional trade and integration and the PSO/CSO programmes designed to (a) communications and raising awareness on Standards; (b) strengthening and linking WTO/TBT Sanitary and Phytosanitary (SPS) enquiry Points; (d) facilitating private-public initiatives in upgrading testing and certification laboratories; and (e) upgrading testing and certification laboratories (ICT, Materials and SPS Labs) (f) training local staff through a partnership with KEBS.

TMEA supports the Kenya Bureau of Standards (KEBS) in the following areas: (a) reforming the national SQMT policy and legislation in conformity with an EAC-wide framework; (b) upgrading of SQMT and conformity assessment facilities and equipment; and (c) institutional development, training and awareness raising on the new SQMT regime.

TMEA is supporting Rwanda with the implementation of legislation in line with Rwanda’s National Quality Policy 2010 and the EAC SQMT Act 2006, as well as building capacity in testing laboratories to support industry and to ensure that both Rwandan and EAC enterprises comply with standards. TMEA’s assistance on standards compliance specifically addresses the wider elements of a National Quality Infrastructure (NQI) which includes Conformity Assessment through testing and certification and also Accreditation. This project supports: (a) developing and harmonizing the legal framework for standards, quality assurance and SPS; (b) increasing awareness about the importance of standards and certification amongst Rwandan exporters and service providers and supporting them to meet these

standards; (c) assistance to priority private sector stakeholders in the use of standards as a tool to move up the value chain and exploit export sectors where Rwanda could have a competitive advantage; (d) improving the technical capacity of non-RBS NQI officials (e.g., MINAGRI Inspectors) to carry out their responsibilities efficiently, effectively and transparently; (e) upgrading and accrediting laboratories for testing and certification; (f) improving RBS’s internal capacity; (g) upgrading RBS’s IT network to link it to other regional bureaux of standards and enable RBS to take advantage of the IT Single Window.

TMEA Tanzania supports the participation of TBS (Tanzania Bureau of Standards) experts in technical discussions leading to regional harmonisation of standards. TMEA also provides short term expertise and advisory assistance to facilitate domestication of regionally developed standards as well as capacity building in critical areas such as sampling techniques, system certification, product certification, analytical procedures, and quality management systems. In order to improve market surveillance at border posts, TMEA will carry out a needs assessment on market surveillance and compliance with EAC standards. Additionally, TMEA will design and roll out a comprehensive support programme in that area, including the creation of mini laboratories at key border posts. The mini testing laboratories will improve inspection services at selected border posts by providing quick tests on products entering Tanzania, overcoming delays caused by the current need to conduct tests at the head office. Specific sectors such as grain producers will be targeted to improve understanding and awareness of their respective standards. The programme will also support quality awareness workshops for the private sector.

TMEA Uganda is working with the Uganda government through the Ministry of Trade and Uganda National Bureau of Standards to: (a) develop a policy for Standardisation and review strategies for policy implementation; (b) harmonize and develop a comprehensive and effective legal framework for the implementation and enforcement of standards; (c) establish an effective coordination mechanism with clearly defined mandates and responsibilities for the different actors in Standardisation and Quality Improvement (QI); (d) rationalize the institutional set up of QI service providers; and (e) enhance public awareness on standards, quality products, QI and best practices.

To date, seventy nine (79) standards under the docket of eight (8) Technical Committees have been technically harmonised with support from TradeMark East Africa (TMEA), and are at various stages in the EAC standardisation process. Forty One (41) have been approved by the EAC at end of the 2013.

TMEA has recently contracted the services of a consultant to establish the baseline on the impact harmonisation of product standards is having on trade flows in the EAC. The baseline will also identify the challenges and determine the costs of un-harmonised standards, the cost of not implementing the East African Standards as well as that of delayed revision of East African Standards to business and to consumers in the EAC region. This will help TMEA establish the impact of its interventions in the standards harmonisation process.

The baseline study is expected to be completed by end of September 2014 and the information will greatly inform the formative evaluation which will build on the baseline information to reflect on the relevance, effectiveness, efficiency and sustainability of the Standards Harmonisation and Conformity projects (regional and national levels) and the extent to which project results have been achieved.

2. PURPOSE TMEA aims to conduct a formative evaluation to measure the relevance, effectiveness, efficiency, impact and sustainability of the Standards Harmonisation and conformity testing programme and the projects within it. Specifically, the evaluation will establish whether improving the technical capacity and equipment particularly laboratory equipment of Bureaux of Standards in EAC improves their efficiency and effectiveness of testing, increases the achievement of harmonisation of standards across the EAC and reduces the cost related to compliance and ultimately improves export competitiveness. The evaluation will also establish the main determinants for the establishment of Mutual Recognition Agreement among the Standards bodies that will facilitate acceptance of certificates issued by Bureaus in various Partner States and the extent to which the TMEA supported programme is contributing to the realization of this outcome.

The evaluation will also seek to establish whether harmonisation of Standards across the EAC is having the expected results of reducing the cost of complying with multiple standards, reducing the cost and time of doing business throughout East Africa and ultimately assessing the impact (positive or negative, intended or unintended) of standards harmonisation in East Africa. The evaluation will also highlight the lessons learnt and challenges faced during implementation from 2013 to date which will improve the design and delivery of the programme and the projects under it.

3. RECIPIENTThe primary audience for the evaluation is TradeMark East Africa (TMEA), the joint evaluation group, the relevant partners, their key stakeholders as well as development partners. The findings are also expected to be used by TMEA and the PIC to inform the on-going implementation of TMEA’s strategy and in particular, those sub-strategies that concern reducing trade costs.

4. EVALUATION SCOPE AND OBJECTIVESThe formative evaluation will address the following 5 key questions:

a) Effectiveness: Effectiveness refers to the extent to which a development intervention has achieved its objectives, taking their relative importance into account.

The following key questions will be answered:

To what extent were the objectives achieved / are likely to be achieved? To what extent can identified changes be attributed to the intervention? What would have

occurred without the intervention?

If gender1 mainstreaming targets were set at project inception, did the program achieve the targets, if not what were the challenges?

b) Impact:Impact refers to the totality of the effects of a development intervention, positive and negative, intended and unintended. The impacts are the tangible long-term outcomes to which the project contributed.

In addition, the evaluation will answer the following key questions:

What was the current and likely impact (intended and unintended, positive and negative) of the intervention? How has the intervention affected the well-being of different groups of stakeholders?

What is the current and likely impact of the intervention on reduced standards compliance costs, enhanced export competitiveness and increase in trade flows?

c) Relevance:Relevance is the extent to which a development intervention conforms to the needs and priorities of the target groups, the policies of recipient countries and donors and TMEA’s strategy.

The evaluation will answer the following questions:

Is the intervention well in tune with the trade policies and administrative systems of the partner country government and EAC policies and systems?

Are the interventions consistent with TMEA’s policies and priorities? Is the intervention consistent and complementary with activities supported by other programmes in TMEA and/or by other donor organisations?

d) Sustainability:Sustainability is the continuation or longevity of benefits from a development intervention after the cessation of development assistance.

The Evaluators will answer the following questions:

What benefits (both social and financial) of the programme are likely to be sustainable and would continue with or without TMEA (staffing and funding)?

What are the lessons learnt that are relevant beyond TMEA?

e) EfficiencyEfficiency is the extent to which the costs of a development intervention can be justified by its results, taking alternatives into account.

The evaluators will answer the following key question: 1 Efforts to mainstream gender across TMEA have been relatively recent. For this reasons most of the projects did not have a policy to measure and monitor the different impact on men and women at project inception. The main purpose of including gender in the evaluation is to map out the existing gender practice, draw on the lessons learnt and assess the challenges faced to inform the design of the TMEA gender policy and incorporate gender issues into the TMEA phase II programme.

To what extent and how has the intervention been effective and achieved good Value for Money (VfM)?

Further sub–questions to assist in the interpretation of the 5 key evaluation questions above are hereby attached as Annex 2.

5. METHODOLOGY The consultant will use scientific and technical methods of collection and organising data. The consultant will treat the evaluation questions as a hypothesis and use scientific methods to verify them. The consultant also use mixed methods to appropriately assess the processes and impacts of interventions. Methods should be tailored to the problem at hand and the resources available. Methods used may include: analysis of desk Survey (Secondary data), informal and formal stakeholder interviews, focus groups, and data triangulation.

The consultant should also aim to collect only information that will be of use and that will achieve high response rates. The consultant should consider opportunities to adjust data collection to optimise it across other TMEA evaluation work. The consultant must employ multiple mechanisms to ensure data quality and appropriate levels of validation. Bidders are required to justify the evaluation approach they intend to use.

Desk Survey: The desk review will entail a detailed review of relevant project documents that will be availed by TMEA and the project partners. These will include the Project Appraisal Reports (PAR), project work plans, monitoring plans (including results chains), risk plans, quarterly and annual progress reports , TMEA Theory of Change/Strategy, baseline study report for the standards harmonisation, EAC meeting reports focusing on the outcomes of the outcomes, particularly on standards harmonization among others. The evaluators will also undertake a review of relevant secondary data including relevant policies and technical documents relating to the assignment.

Interviews and focus group discussions: The evaluators will have the options of conducting structured and semi structured interviews as well as focus group discussions and Key informant interviews for information gathering. Due attention will be paid to language to ensure effective communication. Key informant interviews will be conducted TMEA Programme staff and Directors, project staff and partners from the National Bureaux of Standards in Kenya, Uganda, Tanzania, Rwanda and Burundi, East African Standards Committee, particularly the members of the Standards Technical Committees, East African Accreditation Board, and representatives from the Regional Standards Platform, EAC Policy makers and representatives of business and consumer goods.

The impact of Standards Harmonisation and conformity testing to reducing the cost and time of doing business and increase in trade flow will be tested on a representative sample of top 20 list of the most traded products identified by the Standards Baseline Study. Critical variables to be examined include:

Average import and export clearance and release times related to the time it takes to issue certification marks, perform inspection and testing of products/commodities in the region;

Cost to import and export(US $) goods/commodities related to the cost of complying to variant product standards;

The volume and value of intra-regional and inter-regional trade (US$) on the basis of harmonisation of standards/mutually agreed standards and product certification; and

Changes (increase or reduction) in the consumer price levels.

Throughout the evaluation, lessons learnt should be identified and evidence/ content analysis should be captured in form of comprehensive case studies (minimum of at least 5 case studies).

Project Site visits: The project sites will be visited (Border posts where most the trade flow through and where the equipment has been installed; as well as the border points where communications has been undertaken) and the target beneficiaries will be interviewed to ascertain their perspective and experiences. When possible, photos, video clips and audio recordings of the interviews will be collected. Case studies showcasing positive impact should be developed where applicable.

Information from different sources, e.g. existing documentation and interviews, focus group discussions will be triangulated.

The evaluation team will also develop an assessment tool, outlining project management criteria and standards which will be presented to TMEA for feedback and discussed with the Joint Evaluation Group (JEG) for adoption. The purpose of the assessment tool is to develop a common understanding of the standards applied for the formative evaluation.

6. EXPECTED DELIVERABLESThe standards harmonisation and conformity testing evaluation consultancy team is expected to provide the TMEA with the following deliverables:

A detailed inception report with a work plan and draft data collection tools two weeks after signing the contract. The detailed inception report should comprehensively demonstrate the technical approach (and data collection tools) that will be effectively and efficiently address the evaluation questions within the consultancy timeframe;

A 1st draft evaluation report presented to TMEA and the Joint Evaluation Group for review and input;

A 2nd draft evaluation report that will be presented to the Joint Evaluation Group, TMEA Senior Management and Leadership Teams and relevant country and regional programme staff and Directors for review and validation; and

A final draft evaluation report that will be presented to the TMEA Programme Investment Committee (PIC) for adoption. The final report will be a written report (Ms Word) with an executive summary and a Power point presentation on key findings, conclusions and recommendations.

The evaluation report shall be written in English, be of no more than 20 pages (excluding annexes), use numbered paragraphs and should be structured into 3 sections; the first part will be devoted to the

evaluation of the relevance, effectiveness and efficiency of the project; the second part will provide an analysis of sustainability and the scaling up of the project approach; and the third part will focus on recommendations for future directions to be included into the Phase 2 of the project strategy/PAR. Annexes will provide detailed information collected during field visits (focus discussion reports, summaries of interview sheets, summaries of responses to questionnaires). During the interviews and trips, the Evaluators will take photos at project sites and record and take some photos during some of the interviews of the stakeholders which will be submitted along with the reports at the end of the evaluation. For these multimedia products, email and phone contacts will be provided.

7. COMMENCEMENT DATE AND PERIOD OF EXECUTION The formative evaluation will be executed within a period of 6 weeks from signing the contract. A detailed work plan with clear and measureable deliverables and timelines should be included in the technical proposal for this consultancy and the awarded consultant(s) will develop and finalise the proposed work plan and budget (as part of the inception report) within 1 week of starting the assignment.

Schedule of deliverablesDate Deliverables

January 2015 Contract signed

7 working days after signing the contract Inception report

21 working days after receipt of TMEA comments on the inception report

First draft project evaluation report

7 working days after receipt of TMEA comments on the 1st

draft evaluation reportSecond draft project evaluation report

7 working days after receipt of TMEA comments on the 2nd

draft evaluation reportFinal draft project evaluation report

8. BUDGET FOR EVALUATION The budget for this evaluation will not exceed USD 75,000.

9. QUALIFICATIONSTo ensure the independence of the evaluation and the credibility of the findings, the evaluation will be conducted by a team of external consultants identified through a transparent selection process. The team will include members with an appropriate balance of expertise in evaluation methodologies, relevant technical expertise and practical experience. The team should include an experienced East African for local and regional context. The Evaluation team leader is expected to be evaluation professional with substantial successful experience leading and managing evaluation assignments,

particularly relating to trade facilitation in developing countries and have in-depth knowledge of the latest evaluation methodologies. The team leader should have at least 10 years’ experience.

The team should have a member with strong experience in evaluation of National Bureau of Standards as well as someone with good qualitative and quantitative skills. The team should have fluency in English, French and ideally have a Kinyarwanda and Swahili speaker.

The Evaluation team should combine the following expertise and experience:

Experience of designing and undertaking evaluations of multi-component development programmes, using mixed methods approaches that meet recognised standards for credibility and rigor;

Education qualification of at least a Master’s Degree(Team Leader) and Bachelor’s Degree(Team members) in Development Studies, Economics or relevant Social Sciences;

Demonstrated experience of using evaluations as a tool for lesson-learning both during programme implementation and beyond;

Strong stakeholders management skills and ability to work flexibly with donors, partner countries, private sector entities; demonstrated ability to manage and sensitive relationships tactfully and productively;

Strong understanding of the strengths and limitations of different designs and how to interpret and present findings accurately to both researchers and non-researchers;

Strong understanding and demonstrated experience of various quantitative and qualitative evaluation methodologies for demonstrating impact;

In-depth knowledge of trade issues, particularly in East Africa, and experience of working on evaluations of trade policies and programmes;

Understanding of the possible impact of efficient Customs trade systems and processes to trade and a range of other areas (e.g. business costs, revenues, poverty) on different segments of the population, and ability to generate data to analyse project/programme effects for these (e.g. women vs. men, low income vs. middle income, rural vs. urban, etc.);

Understanding of social inclusion and gender issues in programming in East Africa;

Strong communication skills - being strategic as well as able to communicate complex studies and findings in an accessible way for non-technical people; and

Selected company should have quality assurance processes in place.

10. IMPLEMENTATION ARRANGEMENTS The Evaluator will be responsible for all logistic arrangements required to conduct the evaluation work. TMEA will facilitate convening of meetings and site visits where necessary. All relevant expenses should be covered by the evaluation contract budget.

The evaluation consultant will report to TMEA Results Director, who will manage day to day contractual and organisational issues with the evaluation team, monitor implementation progress,

and provide progress updates to the Joint Evaluation Group (JEG)2. The evaluation consultant will work closely with the TMEA enhanced trade environment regional and national teams, Strategic Objective Team Leader, and relevant partner staff.

Governance and quality assurance may be further strengthened by peer reviews. The role of the peer reviewers is to review the scientific and technical quality of the independent evaluation; to ensure that the design and implementation of the evaluation is robust and credible, and will stand up to external scrutiny. Peer reviewers inputs will be coordinated by the Results Director.

The evaluation report will be presented to the JEG and subsequently to the TMEA programme Investment Committee (PIC) for review, quality assurance, acceptance and final sign off.

Annexes:

Annex 1: List of documents to be reviewed; and

Annex 2: Indicative sub-questions for key questions in section 4.

Annex 1: List of documents to be reviewed2 The JEG is an advisory sub-committee of the PIC, TMEA’s oversight body. Joint Evaluation Group (JEG) is in place to steer and advise the monitoring and evaluation of the TMEA programme at key strategic points. It provides strategic direction on the independent evaluation, and has a strong coordination and facilitation role across the evaluative exercises and to ensure lessons learnt are taken forward.

DOCUMENT DETAILS

PAR 23 - Standards (national and regional)

Summary analysis of what was proposed as the overall strategy on harmonisation of standards and conformity testing. The PAR highlights:

Background and Project description details Expected outputs and outcomes Work plan Key linkages to other TMEA Rwanda projects Funding approach and budget Gender and other cross cutting issues Value for money and risk analysis

Project work plan 0127-Regional Standards

Formal document in the Management Information System that defines the project activities and outputs and describes how and when the activities will be performed (the estimated time and resources). The work plan provides a framework for management review and control.

Project Sheet –Standards Summary description of the project that clarifies the desired results and the working of the project: why, what and how.

Project monitoring plan 0127-Regional Standards

Formal document (in the Management Information System) that details key M&E requirements for each indicator and assumption i.e. Baselines and targets at output and outcome levels. It allows project staff and management to track project progress towards specific targets for better transparency and accountability within and outside TMEA.

Project 0127 Risk Report-Regional Standards

Formal document (in the Management Information System) that details the project risks foreseen, estimated impacts, and responses to issues.

DOCUMENT DETAILS

Annual Project Performance Report Jul 2013 -Jun 2014 Regional Standards

Formal document (in the Management Information System) that reports/ provides synthesis of the progress and achievements (against work plan and monitoring plan), for the reporting period of July 2013 –June 2014.

Reform of standards regulatory framework and SQMT Project Folder

( Kenya 0916)

Project work plan 0916-Standards Kenya Project Project Par Report Project monitoring plan Project Risk Report Annual Project Performance Report

BBN standards testing project folder (Burundi 1317)

Project work plan Project Par Report Project monitoring plan Project Risk Report

RBS institutional capacity strengthened Folder (Rwanda 1212)

Project work plan Project Par Report Project monitoring plan Project Risk Report Annual Project Performance Report

DOCUMENT DETAILS

South Sudan Bureau of Standards Folder (South Sudan 1413)

Project work plan Project Par Report Project monitoring plan

TBS testing Folder (Tanzania 1117)

Quarterly Report Jan - Mar 2014 Project work plan

UNBS and MIT improve testing Folder (Uganda 1046)

Project work plan Project monitoring plan Project Risk Report

PAPER J - TMEA Theory of Change – Explanation

Paper that articulates in detail the propositions, assumptions and beliefs behind TMEA’s strategy(Theory of Change)

Annex 2: Indicative sub-questions for key questions in section 4.

1. Effectiveness Did the programme and related projects within it have systems in place for tracking the

effectiveness of progress towards stated desired short and mid-term outcomes? Were these systems used to make decisions to change activities accordingly?

How well did the implementation approach respond to the changing demands of the situation? What were the major factors influencing the achievement or non-achievement of the objectives?

2. Impact What do beneficiaries (men and women) and other stakeholders affected by the intervention

perceive to be the effects of the intervention on themselves? What real difference has the intervention made to the beneficiaries?

To what extent can changes that have occurred during the life span of the intervention or the period covered by the evaluation be identified and measured?

To what extent can identified changes be attributed to the intervention? What would have occurred without the intervention?

Have plausible alternative explanations for identified changes been considered and convincingly ruled out?

Have measures been taken and been successful in mitigating potential negative impacts on any sub-groups, in particular poor people in localised areas?

3. Relevance Have the interventions been developed with the inclusion and participation of project partners? Are the interventions technically adequate solutions to the trade facilitation problem at hand?

Does it eliminate the main causes of the problem? Do the proposed innovations have a potential for replication? Are the activities and outputs of the programme consistent with the overall goal and the

attainment of its objectives? Are the activities and outputs of the programme consistent with the intended impacts and

effects? To what extent are the objectives still valid?

4. Sustainability Are requirements of local ownership satisfied? Did partner country stakeholders participate in the

planning and implementation of the interventions? Do partners have the financial capacity to maintain the benefits from the interventions when

TMEA support has been withdrawn? Are the interventions consistent with partners’ priorities and effective demand? Is it supported by

local institutions and well integrated with local social and cultural conditions? Is the technology/equipment utilised in the intervention appropriate to the economic and

educational conditions in the partner country? Do the projects have a clear and comprehensive exit strategy that was regularly monitored?

How can the programming approach for Standards Harmonisation and conformity testing be improved?

What should be the essential components of a future exit strategy in order to sustain impact? What were the major factors, which influenced the achievement or non-achievement of

sustainability of the programme or project? To what extent, were these issues known before the end of the project or programme and what was done to mitigate them?

5. Efficiency Has the evaluated intervention been managed with reasonable regard for efficiency? Were activities cost-efficient? Were outputs and outcomes achieved on time? In which activities/component does the project achieve higher VFM and what are the lessons

learnt for driving greater VFM? Could more of the same result have been produced with the same resources? Could an altogether different type of intervention have solved the same trade facilitation problem

but at a lower cost? To what extent was risk management integrated in the programme? How often were risks

identified, analysed and incorporated in programme design? How efficient and effective were the management and administration systems and procedures

including programme results framework and reporting? What is the estimated equivalent money value of the benefits and costs to fund the project? What is the cost savings which derive from standards harmonised today in intra EAC Trade?

6. Coherence Was the programme governance model comprehensive, clear and appropriate for the effective

management and delivery of the programme and related projects? To what extent did all actors pull in the same direction?

Is the complementarity and coordination between national and regional levels optimal throughout all programme components and activities? What is the effect of constraining factors?

What have been the strengths and weaknesses of the working model observed to date? To what extent has the mix of interventions within TMEA or by different partners contributed to

optimise the impact of the support? To what extent were the projects linked to other projects within the TMEA Programme

framework?

15. Conflict of Interest

Tenderers must disclose in their Tender details of any circumstances, including personal, financial and business activities that will, or might, give rise to a conflict of interest; this includes any sub-contractor, if they were awarded this contract. Where Tenderers identify any potential conflicts they should state how they intend to avoid such conflicts. TMEA reserves the right to reject any Tender which, in TMEA’s opinion, gives rise, or could potentially give rise to, a conflict of interest.

16. DisclosuresThe Tenderer must disclose:

a. If they or any of the Tenderer’s sub-contractors: Are or have been the subject of any proceedings or other arrangements relating to

bankruptcy, insolvency or financial standing; Has been convicted of any offence concerning professional misconduct; and Has not fulfilled any obligations relating to the payment of social security contributions.

b. If they or any of the Tenderer’s sub-contractors have been convicted of, or are the subject of any proceedings, relating to: Participation in criminal organisation; Corruption including the offence of bribery; Fraud including theft, and not fulfilling any obligations relating to payment of taxes; and Money laundering.

c. If they or any of the Tenderer’s sub-contractors: Are, or have reason to believe that they may have been, or are subject of any proceedings

that has resulted in the firms being blacklisted.

Disclosure extends to any company in the same group of the Tenderer (including but not limited to parent subsidiary and sister companies, and companies with common shareholders whether direct or indirect and parties with whom the Tenderer is associated in respect of this tender).

If a Tenderer or related company or any individual discloses details of any misconduct or complaint, TMEA will make an assessment as to whether the Tenderer should be excluded. TMEA may seek additional information from the Tenderer or other competent authorities to obtain the further information required to make a decision on eligibility.

17. Joint Venture (or other form of association) TendersWhere the Tender is submitted by the Tenderers in conjunction with one or more associates then, in the absence of a Joint venture agreement the ‘Associate’ shall be deemed to be a sub-contractor to the Tenderers and shall not be a party to the contract.

Tenders submitted by potential Joint Venture partnerships must include in the Tender documents a “Letter of Intent to form a Joint Venture” in the event of being successful and:

a. Be signed by a duly authorised representative of each partner with details of each signatory provided in print below each signature;

b. Include an express provision that each partner is jointly and severally liable in respect of the Tenderer’s obligations;

c. Provide details of the name of the partner nominated to act as manager of the Joint Venture and who is authorized to act for the Joint Venture in terms of committing it to any obligations and liabilities and to receive and act upon instructions from TMEA and to make and receive payments; and

d. State full details of the proposed structure; the division of technical responsibilities between the partners and intended capitalisation.

18. TMEA’s Treatment of Your TenderTMEA is committed to ensuring Value for Money* in complex procurements.Therefore, when you submit a tender, we will:-

a. Disqualify any non-compliant tenders (i.e. tenders failing to meet the terms of these instructions) received. The commercial details of such tenders will be recorded and marked as disqualified;

b. Ensure that all tenders are evaluated objectively, in line with the evaluation criteria specified in the covering letter;

c. Following evaluation, inform the Tenderers within reasonable time of the decision being made; and

d. Following evaluation, provide feedback to each Tenderer within 15 calendar days of written request and within the bounds of confidentiality.

* Value for money is defined as the optimum combination of whole-life cost and quality to meet requirements

Tenderer Obligations

If you consider that any of the information included in your tender would prejudice your legitimate commercial interests, please identify it and explain (in broad terms together with a time period after which the information could be disclosed) what harm may result from disclosure if a request is received. Tenderers must justify why they prefer any information to be withheld.

TMEA Obligations

Tenderers should be aware that, even where it is indicated in the tender that information prejudicial to tenderers commercial interests, TMEA may be required to disclose it if a request is received. TMEA recognises the legitimate commercial concerns of suppliers and will consult with the relevant tenderer before disclosing information.

ANNEX 1: PRO- FORMA Pro-

forma 1

TENDER FOR: FORMATIVE EVALUATION OF THE STANDARDS HARMONIZATION AND CONFORMITY TESTING PROGRAMME

TENDER NUMBER: PRQ20140557

MILESTONE PAYMENTS PROPOSAL

The amount to be paid for the completion of the services is fixed at $

Payment will be made either:

a) as a lump sum on completion of the services or

b) at relevant points throughout the contract period as detailed below

CRITERIA FOR PAYMENT AMOUNT OF PAYMENT

TOTAL $

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Pro forma 2

TENDER FOR: FORMATIVE EVALUATION OF THE STANDARDS HARMONIZATION AND CONFORMITY TESTING PROGRAMME

TENDER NUMBER: PRQ20140557

PROPOSAL BREAKDOWN - PERSONNEL INPUTS AND FEE RATES

NAME Country (Specify No Days Daily Fee Rate Cost $

Long Term*

Short Term

TOTAL FEES $

* Long Term is in excess of 4 months

Guidance on Fees and Expenses can be found in Section 2 of the contract - the General Conditions.

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Pro- forma 3

TENDER FOR: FORMATIVE EVALUATION OF THE STANDARDS HARMONIZATION AND CONFORMITY TESTING PROGRAMME

TENDER NUMBER: PRQ20140557

PROPOSAL BREAKDOWN – PROJECT EXPENSES

Costs should be shown separately in the format set out below using separate sheets to provide full details under each heading. Fees proposed by tenderers should be inclusive of all taxes.

TRAVEL (state country)

NO. RATE COST $

FARES International

                      

Domestic

Other Travel Costs

Sub Total $

DAILY LIVING COSTS (state country) *Long Term

*Short Term

Sub Total $

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EQUIPMENT* Items Purchased/Rented (Including vehicles)

Sub Total $

Any other expenses (please list)

Sub Total $

TOTAL PROJECT EXPENSES: (B) $

*TMEA will not reimburse costs for normal tools of trade (e.g. portable personal computers)

* Long Term consultants are expected to utilise rented accommodation. No per diem is payable.

*Short Term expectation is either rented accommodation or a hotel

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Pro- forma 4

TENDER FOR: FORMATIVE EVALUATION OF THE STANDARDS HARMONIZATION AND CONFORMITY TESTING PROGRAMME

TENDER NUMBER: PRQ20140557

PROPOSAL BREAKDOWN - SUMMARY OF FEE RATES AND EXPENSES

Total Fees (A) $

Total Project Expenses (B) $

Sub Total$

TOTAL

$

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ANNEX 2: CONTRACT

Section 1 – Form of Contract

CONTRACT FOR: [Insert Title here]

CONTRACT REFERENCE: [Insert Number here]

THIS CONTRACT dated [Insert date here] is made

BETWEEN:

TradeMark East Africa (“TMEA”) having its principal place of business at Equatorial Fidelity Center, P O Box 313 00606, Nairobi, Kenya;

AND

[Insert Consultant Name] (“The Consultant”) having its principal office located in [Insert Contact Details].

WHEREAS:

TMEA has requested the Consultant to provide certain consulting services as defined in the detailed terms of reference and scope of services attached to this Contract (hereinafter called the “Services”); the Consultant, having represented to TMEA that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract.

IT IS HEREBY AGREED as follows:

1. DocumentsThis Contract from page [Insert page no] to page [Insert page no.] shall comprise the following documents: Section 1 Form of ContractSection 2 General ConditionsSection 3 The ServicesSection 4 Special Conditions and Key PersonnelSection 5 Fees

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This Contract constitutes the entire agreement between the Parties in respect of the Consultant’s obligations and supersedes all previous communications between the Parties, other than as expressly provided for in Section 3 and/or Section 4.

2. Contract SignatureIf the original Contract is not returned to - TMEA duly completed, signed and dated on behalf of the Consultant within 15 days of the date of signature on behalf of TMEA, TMEA will be entitled, at its sole discretion, to declare this Contract void. No payment will be made to the Consultant under this Contract until a copy of the Contract, signed on behalf of the Consultant is returned to TMEA.

3. Commencement and Duration of the Servicesa. The Consultant shall start the Services no later than [Insert start date] ("the Start Date") for [state contract period in terms of days/moths/years] and shall complete them by [Insert end date] (End Date") or any other period as may be subsequently agreed by the parties in writing unless this Contract is terminated earlier in accordance with its terms and conditions.

b. If the services have not commenced in accordance with clause 3.1 above, TMEA may by not less than 30 days written notice to the consultant, declare the contract to be null and void, and in the event of such declaration, the consultant shall have no claim against TMEA with respect thereto.

4. Financial LimitPayments under this Contract shall not, in any circumstances, exceed [XXX] for fees and [XXX] for expenses within a total limit of [XXX] inclusive of all taxes applicable ("the Financial Limit").

5. Time of the EssenceTime shall be of the essence as regards the performance by the Consultant of its obligations under this Contract.

For and on behalf of TMEA Name: KEN JONESPosition: CHIEF OPERATING OFFICER Signature:Date:

For and on behalf of the consultant

Name:

Signature:

Date:

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CONTRACT FOR CONSULTANCY SERVICES

Section 2 – General Conditions

1. Definitions“The Contract” means the agreement entered into between TMEA and the consultant, as recorded in this Contract Document signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.“TMEA Project Manager” means the person nominated by TMEA who is responsible for the management of the Project."the Equipment" means any equipment, computer hardware or software, materials, goods and vehicles and associated services necessarily required for the implementation of the Services which are financed or provided by TMEA for use by the Consultant."the Financial Limit" means the amount specified in Section 1 and which represents the maximum amount payable by TMEA under this Contract.“Fees” means the fees payable for the Services as set out in Section 5."the Services" means the services to be provided by the Consultant as set out in Section 3.“the Consultant” means the natural person(s), partnership(s), or company (ies) whose bid to perform this contract has been accepted by TMEA and is named as such in this contract, and includes the legal successors or permitted assigns of the Consultant."the Consultant’s Personnel" means any person instructed by the Consultant pursuant to this Contract to undertake any of the Consultant’s obligations under this Contract, including the Consultant’s employees, agents and sub-contractors.“Subcontractor” means any natural person(s), partnership(s), or company (ies), including its legal successors or permitted assigns, to whom any part of the services to be provided is subcontracted by the Consultant.

2. InterpretationIn the event of any inconsistency between the Form of Contract (Section 1), these General Conditions (Section 2) and the Special Conditions (Section 4), the Special Conditions shall prevail.

3. Project managementTMEA designates the TMEA Project Manager as being responsible for the coordination of activities under this Contract, for the acceptance and approval on behalf of TMEA of the reports and of other deliverables produced by the Consultant, and for receiving and approving invoices for payment.

4. Obligationsa. TMEA and the Consultant each warrant that it has all the requisite corporate power and

authority to enter into this Contract and is fully capable of performing its obligations under this Contract on the terms provided for in this Contract.

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b. The Consultant shall perform the Services and all other obligations under this Contract with all necessary skill, diligence, efficiency and economy to satisfy generally accepted professional standards expected from experts.

c. The Services shall be provided at the location set out in Section 3. Notwithstanding this, the Consultant may be required to travel to other locations from time to time in carrying out the Services.

5. Indemnification At its own expense, the Consultant shall indemnify, protect and defend, TMEA, its agents and employees, from and against all actions, claims, losses or damage arising from any act or omission by the Consultant 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. Should the act or omission originate from TMEA, then TMEA will indemnify the consultant. The Consultant hereby indemnifies TMEA, its agents and employees against any legal cost, including attorney/own client costs incurred by TMEA in defending any complaints, disputes or claims lodged by any party as a result of the actions or omissions of the Consultant.

6. Consultant’s Personnela. The Consultant acknowledges that it and the Consultant’s Personnel have no authority to

create or incur any liability or obligation on behalf of TMEA, including but not limited to any liability or obligation to expend or incur capital expenditure and not to recruit, employ or dismiss any member of staff employed by TMEA.

b. The Consultant shall not at any time, either personally or by an agent, directly or indirectly represent itself as being in any way connected with or interested in TMEA save as being engaged to perform the Services.

c. Save for the Services agreed and set out at Section 3, TMEA is under no obligation to offer work to the Consultant and the Consultant is under no obligation to accept any work, which may be offered by TMEA.

d. No changes or substitutions may be made to members of the Consultant’s Personnel identified in Section 4, if any, of this Contract without TMEA’s prior written consent.

e. If TMEA considers any member of the Consultant’s Personnel unsuitable, the Consultant shall substitute such member as quickly as reasonably possible without direct or indirect charge to TMEA with a replacement acceptable to TMEA.

f. The Consultant is responsible for all acts and omissions of the Consultant’s Personnel and for the health, safety and security of such persons and their property.

7. Feesa. Subject as follows, payments shall be due to the Consultant in accordance with the Fee

payment schedule set out in Section 5. In the case of Fees that are payable upon the completion of milestones as may be set out in Section 4, such fees shall not become due and

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payable until the completion, to TMEA’s satisfaction, of the relevant milestone event or the delivery of the deliverables to TMEA’s satisfaction required for the achievement of the relevant milestone satisfactorily

b. Payment of the Fees shall be subject to TMEA being satisfied that the Consultant is or has been carrying out its duties, obligations and responsibilities under this Contract.

c. If for any reason TMEA is dissatisfied with performance of this Contract, an appropriate sum may be withheld from payments that would otherwise be due under this Contract. In such event TMEA shall identify the particular Services with which it is dissatisfied together with the reasons for such dissatisfaction, and payment of the amount outstanding will be made upon remedy of any unsatisfactory work or resolution of outstanding queries.

d. Fees charged and expenses incurred shall not, in aggregate, exceed the Financial Limit without the prior written consent of TMEA.

e. No payments shall be made in respect of days not worked due to sickness or holiday or otherwise.

f. Only the fee rates listed in Section 5 of this Contract will apply to any Services performed by the Consultant under this Contract.

8. ExpensesThe Consultant shall be entitled to be reimbursed only for those expenses which have been approved and are set out in Section 5.

9. Invoicing Instructionsa. Invoices should particularise the contract to which they relate and should be sent to the

address referenced in Section 5. b. All invoices should contain details of the Services provided, milestones achieved and

deliverables provided to which the invoice relates. Where expenses are payable, invoices should be accompanied by proof of the expense. Any invoice not presented in accordance with the above may be rejected and in any event shall be liable to query and delay in payment.

c. TMEA may request proof of payment in respect of any item and shall be entitled to refuse to meet a claim if this cannot be provided.

d. TMEA reserves the right to audit, or to nominate a reputable accounting firm to audit the Consultant’s records relating to amounts claimed under this Contract during its term and any extension, and for a period of three months thereafter.

e. TMEA reserves the right not to pay any amount due in respect of an invoice received by TMEA more than 60 days after the day of the Consultant becoming entitled to invoice for the payment to which it relates.

f. TMEA will deduct withholding tax from the consultant’s invoiced amounts as per Government of Kenya regulations. Consultants from countries with double tax agreements will be provided with withholding tax certificates. It is the consultant’s responsibility to establish their tax status in the country where the Services will be delivered.

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10. PaymentsSubject to TMEA being satisfied that the Consultant is or has been carrying out their duties, obligations and responsibilities under this Contract, sums duly approved shall be paid within 30 days of receipt of a valid invoice.

11. Nature of relationshipTMEA and the Consultant agree and intend that this relationship is one of undertaking independent services and specifically is not a relationship of employer or employee agency, joint venture or partnership. Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent between TMEA and the Consultant and the Consultant will be solely responsible for the tax status, tax and any statutory contributions payable of and for the Consultant’s Personnel and for all or any of its or the Consultant’s Personnel’s taxes payable in respect of Fees and reimbursements received in connection with this Contract.

12. Performance StandardsThe Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity.

13. Termination Either TMEA or the Consultant may terminate this Contract, by not less than 30 days written notice. In such cases, TMEA shall be liable to make payments only for work completed and delivered, of acceptable standard.

14. Confidentialitya. The Consultant shall not, during the term of this Contract and within two years after its

expiration or termination, disclose any proprietary or confidential information relating to the Services, this Contract or TMEA’s business or operations without the prior written consent of TMEA.

b. Notwithstanding the above, the consultant may furnish to its subcontractor such documents, data, and other information it receives from TMEA to the extent required for the subcontractor to perform its work under the contract, in which event the consultant shall obtain an undertaking of confidentiality similar to that imposed on the consultant under this contract.

15. Ownership of Materialc. Any studies, reports or other material, graphic, software or otherwise, prepared by the

Consultant for TMEA under the Contract shall belong to and remain the property of TMEA.d. Where intellectual property rights in all material produced by the Consultant or the

Consultant's Personnel pursuant to the performance of the Services ("the Material") are the property of the Consultant, the Consultant hereby grants to TMEA a worldwide, nonexclusive, irrevocable, royalty free licence to use all the Material.

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e. "use" shall mean, without limitation, the reproduction, publication and sub-licence of all the Material and the intellectual property rights therein, including the reproduction and sale of the Material and products incorporating the same for use by any person or for sale or other dealing anywhere in the world.

16. Code of conduct The consultant shall at all times act loyally and impartially and as a faithful adviser to TMEA in accordance with the rules and/or codes of conduct of its profession.It shall in particular refrain from making any public statements concerning the services without prior approval of TMEA, and from engaging in any activity which conflicts with its obligations towards TMEA under this contract.

It shall not commit TMEA in any way whatsoever without its prior written consent, and shall, where appropriate, make this obligation to third parties.

17. Conflict of interest The consultant shall refrain from any relationship which would compromise its independence or that of its personnel. If the consultant fails to maintain independence, TMEA may terminate the contract in accordance with the provisions of this contract.

18. InsuranceThe Consultant and his/ her/ their personnel are responsible for ensuring adequate and appropriate medical, travel, Personal Accident or any other insurance cover before beginning work, under a TMEA contract for services. The Consultant's fee is deemed to include an element to cover the cost of all insurance

19. AssignmentThe consultant shall not assign, in whole or in part, their obligation under this contract, except with prior written consent of TMEA.

20. SubcontractingThe consultant shall request approval in writing from TMEA for all subcontracts awarded under this contract that are not included in the contract. Subcontracting shall in no event relieve the consultant of any of its obligations, duties, responsibilities or liability under this contract.

21. Law Governing Contract and LanguageThe Contract shall be governed by the laws of Kenya but in the event of a conflict between Kenyan laws and any other Law, then the laws of Kenya prevail. The language of the Contract shall be English.

22. Dispute Resolution

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TMEA and the Consultant agree to seek to resolve any dispute, controversy or claim arising out of or relating to this Contract or the breach, termination or invalidity thereof, by amicable settlement. Where it is not possible to reach an amicable settlement, any dispute, controversy or claim arising out of or relating to this Contract or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act of 1995 or any statutory modifications or re-enactment thereof for the time being in force.

Notwithstanding any adjudication or arbitration proceedings no party shall commit an anticipatory breach of contract.

23. LiabilityExcept where there has been misconduct, gross negligence, dishonesty or fraud on behalf of the Consultant or the Consultant's Personnel, the Consultant's aggregate liability arising out of or in connection with this Contract shall be limited to the amount of the Financial Limit. The Consultant shall not be liable for any failure to perform or delay in performance of any of its obligations arising out of or in connection with this Contract where such failure or delay is caused by TMEA or any of TMEA’s agents, employees or contractors.

24. Force Majeurea. The failure of the Consultant to fulfil any of its obligations under the Contract shall not be

considered to be a breach of, or default under, this Contract insofar as such inability arises from an act, event, omission or accident beyond its reasonable control (“Force Majeure Event”), provided that the Consultant (i) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (ii) has informed TMEA as soon as possible about the occurrence of such an event and in any event not later than 14 days after the occurrence of such event.

b. Any period within which the Consultant shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which the Consultant was unable to perform such action as a result of the Force Majeure Event.

c. During the period of their inability to perform the Services as a result of a Force Majeure Event, the Consultant shall be reimbursed for additional costs reasonably and necessarily incurred by it during such period for the purposes of the Services and in reactivating the Services after the end of such period.

Force Majeure shall not include:

Any event which is caused by the negligence or intentional action of the consultant, or such consultant’s subcontractors or agents or employees; nor any event which a diligent party could reasonably have been expected to both: Take into account from the effective date of the contract; and Avoid or overcome in the carrying out of its obligations.

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25. Joint venture, consortium or associationUnless otherwise specified in this contract, if the Consultant is a joint venture, consortium or association, all of the parties shall be jointly and severally liable to TMEA for the fulfilment of the provisions of this contract. The composition or constitution of the joint venture, consortium or association shall not be altered without the prior written consent of TMEA. Any alteration of the composition of the joint venture, consortium or association without prior written consent of TMEA shall be considered to be a breach of contract.

26. TravelAll authorized air travel must be economy class through the most direct and economical route.

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CONTRACT FOR CONSULTANCY SERVICES

Section 3 – The Services

TERMS OF REFERENCE

[Insert]

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CONTRACT FOR CONSULTANCY SERVICES

Section 4 – Special Conditions and Consultant’s Key Personnel

1. Special conditionsThe proposal-both technical and financial-submitted for this tender forms an integral part of this contract.

2. Key PersonnelThe following of the Consultant's Personnel cannot be substituted by the Consultant without TMEA's prior written consent:[Insert]

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CONTRACT FOR CONSULTANCY SERVICES

Section 5 – Fees

1. Professional feesConsultant Fee rate per day ($) Maximum number of days Total value ($)

TOTAL 1

2. Reimbursable expensesItem Number Cost ($) Total value ($)

GRAND TOTAL (1+2)

All expenses including accommodation must be supported by valid receipts which must be submitted with the relevant invoice. The only exception to this is the payment of subsistence allowances which are paid at TMEA standard rates and which do not need to be supported by receipts.

3. Invoicing instructions

Invoices should be sent to invoices@trademarkea.com after the deliverables/milestones have been achieved and approved by TMEA and the recipient. The Invoices should clearly state the Contract Number (PO/XXX) and details of the Consultant’s bank account to which TMEA shall transfer payments.

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ANNEX 3: BID SUBMISSION FORM

Bid Submission Form[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations to its format shall be permitted and no substitutions shall be accepted.]Date: [insert date (as day, month and year) of Bid Submission]To: TradeMark East Africa

2nd Floor, Equatorial Fidelity CentreWaiyaki Way, WestlandsP.O. Box 313 00606Nairobi, Kenya

We, the undersigned, declare that:(a) We have examined and have no reservations to the Bidding Documents;(b) We offer to supply in conformity with the Bidding Documents and in accordance with the

Delivery Schedules specified in the Schedule of Requirements the following Goods and Related Services [insert a brief description of the Goods and Related Services];

(c) Our bid shall be valid for the period of time specified in the ITT, from the date fixed for the bid submission deadline in accordance with the ITT, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(d) We have no conflict of interest;(e) We understand that this bid, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed.

(f) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.

Signed: [signature of person authorized by the Bidder to sign the bid submission form, and whose name and title are shown below]Name: [insert full name]Title: [insert official title]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

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ANNEX 4: FAIR PRICE DECLARATION FORM

FAIR PRICE DECLARATION FORMThis form shall be completed by each consultant or consultancy firm and is to be read together with the information to bidders in the request for proposal (RFP) document.We/ I [insert name of the consultant or consultancy firm] hereby declare that the price quoted in our financial proposal are in line with the market rates and/or the approved professional charges and are economical. We/ I hereby give TradeMark East Africa authority to terminate the contract without further communication should they discover that we/I [insert name of consultant or consultancy firm] are in contravention of this declaration.

Name: _________________________________Designation: _________________________________Signature: _________________________________Date: _________________________________

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ANNEX 5: TMEA CODE OF ETHICSTMEA CODE OF ETHICS

1. PreambleTradeMark East Africa’s (TMEA) success depends on its reputation, integrity, openness and respect for others. The trust and confidence of those with whom we deal is therefore, essential. The protection of our reputation and relationships is of fundamental importance to our long term sustainability. We recognise our obligations to all those with whom we have a direct relationship such as, donors, staff, contractors and suppliers, the private sector in general, government, civil society and the wider community.

This document covers fraud and corruption in the use of funds for ineligible expenditures, as well as fraud and corruption engaged in for the purpose of influencing any decision as to the use of funds. All such fraud and corruption is deemed to occur “in connection with the use of TMEA funds”. The recourse for funds mismanagement, where TMEA has sufficient evidence, shall lead to refund of monies by the beneficiary involved and prosecution by the authorities.

Gender mainstreaming also forms part of this document and it is obligatory for all partners to put gender equity issues practice rather than adopting a superficial approach. This will be through continuous assessment of the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels of the project.

Finally, all partners, consultants, contractors and stakeholders will sign the last page signifying they have read and understood this document, which is an integral part of the engagement/contract document with TMEA.

2. Definitions A “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party;

A “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

A “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

A “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party, and;

An “obstructive practice” is;

o Deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive

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practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or

o Acts intended to materially impede the exercise of the Bank’s contractual rights of audit or access to information.

“Gender mainstreaming” is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality.

A “recipient” is any individual, firm, organisation, NGO, PSO or CSO or any partner that works with TMEA and/ or receives TMEA funding either through a contract or a grant.

3. Code of ethics

(a) Relationship with stakeholders

TMEA’s reputation depends on the way in which we work. It is vital that our stakeholders have confidence in our competence and professional excellence. We will treat our stakeholders with respect, honesty and fairness.

Confidential information relating to our relationship with all stakeholders will be respected. We respect copyright and other intellectual property rights.

Where consultants and other third parties are contracted to perform duties by TMEA, they will be expected to act in accordance with this code. The obligation to comply with this document forms an integral part of the engagement we have with partners or consultants who are expected to append their signature, as a confirmation of commitment to adherence.

Decisions to hire a consultant or source materials from a particular vendor or supplier are made on the basis of objective criteria such as quality, reliability, technical excellence, price and service. Purchasing decisions must never be made on the basis of personal relationships or the opportunity for personal financial gain. The contractor undertakes to pay suppliers, subcontractors and agents in accordance with agreed terms.

The receipt of gifts or favours by recipients can give rise to embarrassing situations and may be seen as improper inducement. Gifts and favours must not be solicited. In the event that any offers of gifts or favours are received, it should be reported immediately using your organisation’s hierarchy.

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The recipient shall not avoid tax. The recipient will record and report all transactions, including those where payment is made in cash. All taxable perquisites to which staffs are entitled will be listed and declared for tax purposes.

TMEA is committed to openness and transparency in communicating with stakeholders and seeks a constructive relationship the wider private sector/ civil society, the media, the government, non-governmental organisations and the general public.

(b) Relationship with employees

TMEA aims to provide a positive, responsible, open and exemplary working environment. Relationship with staff should be based on respect, dignity and fair treatment for all. We strive to maintain an environment that is based on merit and inclusiveness. The organisation will recruit and promote staff on the basis of their suitability for the job and organisation’s needs without discrimination. Diversity of staff is central to our operations and we value it immensely.

TMEA expect staffs to conduct their business activities with colleagues and stakeholders with respect for all and with honesty and courtesy. We will not tolerate harassment or bullying of staff.

The recipient will explain the purpose of its activities and individual jobs, foster effective communication and involve employees in improving their work. As far as possible, it will provide staff with opportunities to enhance their skills and capabilities, enabling them to develop fulfilling careers and to maximise their contribution to the organisation.

The recipient, in recognition of the efforts of an individual, it will maintain an atmosphere of fair terms and conditions of employment and remuneration policies and structures.

The recipient’s time, physical and intellectual property should be used for business purposes only. Electronic communication equipment and related services (including email, internet, bulletin boards, fax machines, file storage) must be protected from unauthorised external access or use. Under no circumstances should they be used for receiving illegal, offensive, obscene or otherwise inappropriate materials.

The recipient shall respect staff privacy. We will only collect and retain personal information that is required for effective operation of the organisation or as required by law. The information will be kept confidential and released only to those who have a legitimate need to know. Information received by staff in the course of business dealings may not be used for personal gain.

No staff may be involved in any activity for personal gain. Any personal interests or interests of a member of one’s immediate family in relation to the organisation’s business must be disclosed. Any perceived conflicts of interest should be discussed with the line manager and it is your responsibility to take action to declare and resolve any real or apparent conflict.

4. Fraud and corruption The recipient shall:

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(b) Take all appropriate measures to prevent corrupt, fraudulent, collusive, coercive and obstructive practices in connection with the use of TMEA funds, including (but not limited to):

adopting appropriate fiduciary and administrative practices and institutional arrangements to ensure that the funds are used only for the purposes for which they were intended, and;

ensuring that all of its representatives involved with the project, and all recipients of funds with which it enters into an agreement related to the Project, receive a copy of this document and are made aware of its contents;(c) Immediately report to TMEA any allegations of fraud and corruption; (d) Cooperate fully with representatives of TMEA or its appointed agent in any

investigation into allegations of fraud and corruption. If TMEA determines that any person or entity referred to in 4.1 above has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, it may suspend further funding/disbursement/payment. Should investigations reveal that there was fraudulent activity, TMEA reserves the right to demand a refund and may terminate the agreement in place. TMEA may also hand over the reports from any investigations to proceed with prosecution;

(e) Take all necessary and appropriate against any representative declared ineligible, as described in below, from duties and responsibilities;

o If TMEA determines that a recipient is also a potential provider of goods, works or services, it shall declare the recipient ineligible;

o TMEA shall declare a firm, consultant or individual ineligible under this code of ethics if such firm, consultant or individual has been declared ineligible under TMEA procurement guidelines or those of the respective government/partner or any other international organisation; and(f) Assist or enable TMEA obtain a refund of any resources (assets, monies,

materials among other benefits) that have been used inappropriately funds including returning any unutilised funds especially where TMEA is not content with progress.

3. Gender mainstreamingThe core guidelines for gender mainstreaming in TMEA funded projects shall be based on but not limited to the following:

a. Issues across all areas of activity shall be defined in such a manner that gender differences are diagnosed;

b. Responsibility for translating gender mainstreaming into practice is system- wide and rests at the highest level of the recipient organisation. Accountability for outcomes needs to be monitored continuously;

c. Gender mainstreaming also requires that every effort be made to broaden equal participation at all levels of decision-making;

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d. Gender mainstreaming must be institutionalised through concrete steps, mechanisms and processes in all areas of TMEA funded projects;

e. Gender mainstreaming does not replace the need for targeted, policies and programmes or positive legislation, nor does it substitute for gender units or focal points; and

f. There shall be clear organisational will and the allocation of adequate human and financial resources for gender mainstreaming from all available funding for the successful translation of the concept into practice.

4. Implementing and monitoring this documentThe recipient’s commitment to this document is essential to TMEA’s success and will be demonstrated through training, enforcement and accountability. Adherence to the provisions of this document is a condition of partnership.

Project Managers should ensure that all recipients receive guidance on this document and understand the values that underpin its usage. They should strive to create an environment that encourages open discussion about any concerns.

These document is a guide rather than an exhaustive description of the recipient’s ethics polices and standards. TMEA aims to create a culture in which it is normal for partners to ‘do the right thing’ and to voice genuinely held concerns about behaviour or decisions that they perceive to be unethical.

All recipients are required to sign an ‘Annual Certificate of Compliance’ stating that they have read this document and have taken all reasonable steps to ensure that they have conducted business responsibly and in compliance with applicable laws and regulations.

5. Miscellaneous The provisions in this code do not limit any other rights, remedies or obligations of TMEA or the recipient under the Memorandum of Understanding/Agreement or any other document to which TMEA and the Partner are both parties.

6. Commitment to the Code of EthicsI have read the code and hereby sign as an indication of commitment to ensuring the code is incorporated and adhered to.

Organisation’s name: _______________________________Title of Signatory: _______________________________Signature: _______________________________Date: _______________________________

……………………………………………………………..……………………

STAMP/SEAL

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ANNEX 6: Financial Bid Submission Form

Financial Bid Submission Form

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.

Our attached Financial Proposal is for the amount of [Indicate the corresponding to the amount(s) currency (ies)] [Insert amount(s) in words and figures], including all applicable taxes in line with Clause 9 of this RFP tender document.

This bid submission/ proposal is in line with Pro-forma 1, 2, 3 and 4 of Annex 1 of this RFP tender document.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from any contract negotiations, up to expiration of the validity period of the Proposal, up to 120 days after bid submission date, that is, 24th October 2014.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours Sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: In the capacity of: Address: E-mail: _________________________

[For a joint venture, either all members shall sign or only the lead member/ consultant, in which case the power of attorney to sign on behalf of all members shall be attached]

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