MASTER - ysrinfo€¦ · Web viewWe are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope1. We hereby

1

THE KINGDOM OF CAMBODIANation Religion King

Women’s Media Centre of Cambodia(WMC)

Proposals Submission

for

Production of Broadcast Media Tools

To

Arbitration Council Foundation (ACF)CQS Lump Sum

(IBRD/IDA Financed)

No. DFGG/ACF/CQS-03/10

July 2010

1

CONTENTS

Section 3. Technical Proposal - Standard Forms......................................................................1

Section 4. Financial Proposal - Standard Forms.....................................................................33

Section 5. Terms of Reference................................................................................................41

1

Section 3. Technical Proposal - Standard Forms

Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to be submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required and number of pages recommended.

Form TECH-1: Technical Proposal Submission Form..............................................................2

Form TECH-2: Consultant’s Organization and Experience......................................................3

A - Consultant’s Organization.............................................................................................3

B - Consultant’s Experience................................................................................................4

Form TECH-3: Comments and Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be Provided by the Client.......................................................................9

A - On the Terms of Reference............................................................................................9

B - On Counterpart Staff and Facilities.............................................................................10

Form TECH-4: Description of Approach, Methodology and Work Plan for Performing the Assignment..............................................................................................................................11

Form TECH-5: Team Composition and Task Assignments....................................................13

Form TECH-6: Curriculum Vitae (CV) for Proposed Professional Staff................................14

Form TECH-7: Staffing Schedule1..........................................................................................31

Form TECH-8 Work Schedule..............................................................................................32

2

Form TECH-1: Technical Proposal Submission Form

Phnom Penh, Date:…25 August 2010

To: Mr. Sok LorProject Director of DFGG Project andExecutive Director of Arbitration Council Foundation

Dear Sir,

We, the undersigned, offer to provide the consulting services for Production of Broadcast Media Tools in accordance with your Request for Proposal dated July 27, 2010 and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope1.

We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal, i.e., before the date indicated in Paragraph Reference 1.12 of the Data Sheet, we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not later than the date indicated in Paragraph Reference 7.2 of the Data Sheet.

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: TIVE Sarayeth, Executive Director of WMCName of Firm: Women’s Media Centre of Cambodia Address: #30, St. 488 (484), Pshar Demthkov, Khan Chamcar Morn, Phnom Penh, Cambodia

1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical Proposal only, replace this sentence with: “We are hereby submitting our Proposal, which includes this Technical Proposal only.”]

2 [Delete in case no association is foreseen.]

Section 3. Technical Proposal – Standard Forms 3

Form TECH-2: Consultant’s Organization and Experience

A - Consultant’s Organization

The Women's Media Centre of Cambodia (WMC) was established as a non-profit, non-governmental organization in January 1995 and officially registered with the Council of Ministers in the same year and with Ministry of Interior in 2001.

Since its foundation, WMC has produced innovative and informative high quality radio, television and video productions, and broadcast on Radio FM102, relay stations, provincial stations, national and private TV stations, electronic communication, listeners’ and viewers’ clubs, mobile broadcasting units and websites in attempt to inform and educate Cambodians on a wide range of issues impacting on women’s rights and human rights, reproductive health, HIV/AIDS, trafficking, elections, domestic violence, leadership, sexual assaults, drug abuse, rule of law, decentralization, poverty, Civil Society Dialogue and Public Awareness Raising, rape, and land dispute/conflicts etc.

The Women’s Media Centre of Cambodia occupies a unique position among Cambodian NGOs and media organizations. It is the only media organization managed and run by women, and the only NGO with a focus on women and the media. The WMC develops, produces and broadcasts integrated media campaigns on social issues affecting women and men, and has considerable expertise in social change campaigning.

Today, WMC continues to use the mass media to promote social change in Cambodian society. The center run by women as majority has become the foremost provider of public service broadcasting in the country. Through independent and civil society radio, television and video productions, WMC have addressed nearly every issue affecting women in Cambodia. Some of the issues include health, reproductive health, HIV, TB, Malaria, trafficking of women and children, leadership, national elections, domestic violence, good governance, decentralization, road of law, justice and poverty. Additionally, the center has also provided evident-based information, education and advice to a broad range of audiences, both male and female.

The Women’s Media Center of Cambodia (WMC) has provided, broadcasted and aired to advocate and inform public for changing the policy, guidelines, norms, practices, as well as long-term and sustainable behaviors of marginalized people, most-at-risk population, disadvantaged groups, and vulnerable children and women in particular.

WMC is an independent and non-partisan Cambodia Women’s Media Organization dedicated to improving the status of women in Cambodia. According to the framework the mission of achieving women’s power and gender equity will be attained through four-fold strategies: Awareness and knowledge distribution, advocacy, networking and capacity building.

4 Section 3. Technical Proposal – Standard Forms

B - Consultant’s Experience

Assignment name: Off-farm Income Generation Project for Improving Rural Food Security

Approx. value of the contract (in current US$):

4600$

Country: CambodiaLocation within country:Pursat and Phnom Penh

Duration of assignment (months):3 Months

Name of Client:

Food and Agriculture Organization (FAO)

Total No of staff-months of the assignment:

5 staffAddress:House 5, Street 370, Sangkat Boeung Keng Kang 1, Khan Chamcar Morn, Phnom Penh, Cambodia

Approx. value of the services provided by your firm under the contract (in current US$):

Start date (month/year): Completion date (month/year): 2010

No. of professional staff-months provided by associated Consultants:

Name of associated Consultants, if any:

N/A

Name of senior professional staff of your firm involved and functions performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader):

Production Manager, producer, scriptwriter, camera operator, editor and designer

Narrative description of Project:The Off-farm income generating under the National Programme for Household Food Security and Poverty Reduction Project is one of the projects of the Food and Agriculture Organization (FAO) in Cambodia to improve food security of the rural poor farmers in Pursat province.

Description of actual services provided by your staff within the assignment:

WMC produced 30-minute documentary.

Firm’s Name: Women’s Media Centre of Cambodia


Assignment name:

Non-Formal Education

Approx. value of the contract (in current US$):4500$

Country: CambodiaLocation within country: Phnom Penh


Name of Client:

Cambodia Women’s Crisis Center (CWCC)

Total No of staff-months of the assignment:6 staff

Address:#42F, Street 488, Sangkat Shar Deum Thkaov, Khan Chamkarmon, Phnom Penh, Cambodia.




Name of associated Consultants, if any: Name of senior professional staff of your firm involved and functions performed (indicate most significant profiles such as Project Director/Coordinator, Team Leader):

Film Director, Production Manager, producer, scriptwriter, camera operator, editor and designer

Narrative description of Project:

The project is to provide non-formal education to illiterate people especially migrants and poor people to have life skills for earning their living. Women could learn about the sewing, cooking, planting some trees at home, and men could learn about the reparation of motorbikes and cars.


WMC produced 30-minute TV mini drama.



Assignment name:

Organization Activities


4600$Country: CambodiaLocation within country:Phnom Penh


Name of Client:

Partnership for Development in Kampuchea (PADEK)


5 staff

Address:# 72, Street 360, Phnom Penh. Tel/Fax:855-23 216 224.







TV documentary reflected the organization’s activities on the output, outcome, and their achievement of its implementation.


WMC produced 30-minute TV documentary.



Assignment name:

The Need of Current Youth


2200$Country: CambodiaLocation within country:Phnom Penh


Name of Client:

Ministry of Women’s Affair


5 staffAddress:Norodom Blvd., Phnom Penh, Cambodia







The TV vox-pop introduced to the need of youth in current situation related to heath, education, job market, and employment. Youth is the main human resources in country development.


WMC produced 5-minute vox-pop.



Assignment name:

Court Media Project


$179,156Country: CambodiaLocation within country: Phnom Penh


Name of Client:

East-West Management Institute-USAID


8 staffAddress:#43, Street 208, Phnom Penh, Cambodia


Start date (month/year): 11/2009Completion date (month/year): 10/2010



Film Director, Production Director, Production Manager, producer, technical team, scriptwriter, camera operator, editor and designer, crew


The project has a goal to increase the integrity of the Cambodian legal system. The specific objectives are to significantly improve the general public’s understanding of the Cambodian legal system and of legal rights; to show what constitutes violations of the law, how to access the justice system and how conflicts can be resolved through the proper functioning of the Cambodian legal system; to engender in Cambodian society a demand for a properly functioning legal system.


WMC produced 6 episodic drama series during 12 months including broadcasting period.


Form TECH-3: Comments and Suggestions on the Terms of Reference and on Counterpart Staff and

Facilities to be Provided by the ClientA - On the Terms of Reference

Women’s Media Centre will not produce a sponsorship opportunity kit which stated in the Term of Reference on Pre-production.

WMC would like to suggest increasing duration of assignment to four months and half for the whole completion including approval process from the department of cinema and ACF and script pre-testing.


B - On Counterpart Staff and Facilities

WMC will need the cooperation with client to provide relevant information/data, shooting place at client’s office. WMC also needs the coordination during pre-test of the scripts and the approval on the scripts according to the due time.


Form TECH-4: Description of Approach, Methodology and Work Plan for Performing the

Assignment

a) Technical Approach and Methodology Training Video

For this 25-30 minute long training video, Women’s Media Centre will go through a series of activities in order to create a product that will have the optimal effect on audience members. The first step is to conduct research and collect information on the topic. We will explore the target audience, the objectives of the video, the background of the AC, as well as labor law and dispute resolution processes. WMC will then hold a brainstorming session during which staff will consolidate their research and discuss the best way to transform it into a script. Much consideration will be taken to investigate how to present the information in a manner that will provoke interest and influence the behavior of the target audience, thereby creating an effective reportage. The next step in the WMC production process is scriptwriting. Our creative team will take what has been discussed and decided in the brainstorming meeting to compose a preliminary script.

The script will then be submitted to both the AC and the Department of Cinema and Cultural Diffusion for approval. The necessary visas must be obtained for shooting and dispersing the film before we can move forward with the script. For AC approval, WMC will run a pre-test script hearing, during which the AC can select an experimental audience to listen to the preliminary draft. This stage of the production process allows the AC and WMC to survey the tested audience and see what their reaction is. Did the script raise their awareness of the integral role all parties must play before and during AC hearings? Was it easy to understand? Did they feel motivated to prepare for their case? WMC can then take into consideration the observations of the ACF and other audience members and change the script accordingly. This will ensure that the video can achieve its goal of influencing viewers’ beliefs and behaviors.

Once the script has been approved by the ACF, WMC will create a storyboard which originates the visual portion of the video. This scenario will outline how the WMC plans to present the script on film, including orators, shooting locations, frames, music, and corresponding dialogue. This part of the process is very important, because it allows shooting to occur smoothly as the scriptwriters hand the project over to the technical crew. It is the last stage that happens on paper before the actual production of the video. This storyboard will again be sent to the AC for approval. Once finalized, shooting can begin. The shooting process involves filming the entire scenario and will take about three weeks. After that, the video will go through editing, which pieces together the first draft of the actual video. WMC will again submit the film to the AC for observations and critiques, and then another editing session will occur. The series of approvals allows the AC to be involved in each step of the production process, making changes where warranted in order to achieve their desired output. After the last edition, the film will be submitted to the AC and the Cinema and Cultural Diffusion Department for final approval. English subtitles can then be translated and added to the video to generate the finished product. AC will be responsible for English translation of the subtitle.


PSAThe production process of the PSA and radio spot will be occurred the same as the

training video and will be conducted simultaneously. The AC may choose a different audience for the PSA pre-test script hearing in order to measure its effect on the appropriate group of listeners. This will help tremendously in creating the expected output. As previously noted, the PSA must be understandable and relevant to the target audience, who has no previous knowledge or experience with Labor Law or the AC. It is therefore critical to test the preliminary script in order to ensure easy comprehension of its message. Additionally WMC will produce a radio spot which corresponds with the PSA video. This spot will use the same script as the one-minute long video to be broadcast on WMC’s FM102. The entire duration of both the PSA and training video production process will be four months, excluding broadcasting time. The final products will be presented to the AC by mid-February.

b) Work Plan

The production team will process the implementation according to the work schedule in Form Tech-8. WMC will utilize one month and half for pre-production, one month for production, one month for post production, and another one month for approval and report.

Section 3 – Technical Proposal – Standard Forms 13

Form TECH-5: Team Composition and Task Assignments

Professional Staff

Name of Staff Firm Area of Expertise Position Assigned Task Assigned

Chea Sundaneth WMC TV and Radio Production Production Director Production Director

Uch Thavy WMC Scriptwriting/ leading Edutainment Team Manager Scriptwriting, writing scenarioChheng Sovanna WMC Film Directing Film Director Film DirectingMeng Sang WMC Technical Work Chief of Technical Team Technical WorkSok Chantha WMC Production Plan Production Assistant Production PlanRoeung Sakiry WMC Scriptwriting Scriptwriter ScriptwritingOuch Vanna WMC Scriptwriting Scriptwriter ScriptwritingVa Simorn WMC Shooting Camera Operator/Editor ShootingKim Sithy WMC Shooting Camera Operator/Editor Shooting

14 Section 3. Technical Proposal - Standard Forms

Form TECH-6: Curriculum Vitae (CV) for Proposed Professional Staff

1. Proposed Position Edutainment Team Manager

2. Name of Firm : Women’s Media Centre of Cambodia

3. Name of Staff : Uch Thavy

4. Date of Birth: June 22, 1979 Nationality: Cambodian

5. Education : 2007 Bachelor of English Literature

Build Bright University (BBU)Faculty of Education and LanguagesDepartment of English

2001Upper Secondary School Teacher Certificate (Major in Khmer Literature) Faculty of PedagogyDepartment of Khmer Literature

2000 Bachelor of Art in Khmer LiteratureRoyal University of Phnom PenhFaculty of Social and HumanDepartment of Khmer Literature

1996 High School CertificateKampong Cham province

6. Membership of Professional Associations: N/A

7. Other Training : Sep – October 2009 -Attended training on Interview Skills with Susanne

Aleck, DED Advisor.June – October 2008 Attended training on NGO management on the

following subjects:Module 1: Introduction to OrganizationModule 2: Organizational StructureModule 3: Planning, Monitoring and EvaluationModule 4: Leadership and ManagementModule 5: Staff Management and Development

February 9-13, 2007 Attended training on Digital Story Production, Voice of Peace, Chhiangmai, Thailand


04 to 08 August 2008 Attended Operacy Course on Success through Personal Empowerment and Leadership

June 2006 Attended Co-Operacy Course

February 8-12, 2006 Attended the workshop on The Preparation of Project Concept Paper for WMC

June 05-09, 2006 Attended training on General Management I at SILAKA.

January-December 2004 Attended training on How to Write Spot conducted by BBC World Service Trust

March 2004 Attended the workshop on Media Dialogue and Consultation on Reproductive Health in Kuala Lumpur, Malaysia.

July 01-05, 2002 Attended the CHEM-Health Unlimited workshop on Planning a Health Education Media Campaign.

November 1999 – March 2000

Journalism, Law and Computer CourseThe Council for Journalism TrainingRoyal University of Phnom Penh (RUPP)

8. Countries of Work Experience : Cambodia

9. Languages : English , good in writing, reading, and speaking.

10. Employment Record :

From [Year]: 2009 To [Year]: 2010

Employer: Women’s Media Centre of CambodiaPositions held: Edutainment Team Manager/Writer

11. Detailed Tasks Assigned

- Managing and leading Edutainment Video Team

- Managing the project funded by EWMI-PRAJ and CCJAP

- Writing scenario for drama.

12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

Name of assignment or project: Court Media Project

Year: 2008 to 2010

Location: Phnom Penh, Kandal, Kampong Cham, Kampong Chhnang and Kampong Som.

Client: East-West Management Institute (EWMI) and Cambodia Criminal Justice Assistance Project (CCJAP)


- Manage and monitor video production effectively.

- Provide guidance to production team.

- Prepare spending plan and shooting plan.

- Writing reports to donors as required.

Main project features: Legal procedure

Positions held: Production Manager and Writer

Activities performed: Produced 14 episodic drama series titled Scales of Justice.


Employer: Women’s Media Centre of CambodiaPositions held: Project Manager/Writer


- Managing the project funded by EWMI-PRAJ and EU

- Writing scenario for drama.






Name of assignment or project: Court Media Project, The legal Protection of Women, and EU Project

Year: 2007 to 2008

Location: Phnom Penh, Kandal, Kampong Cham, Kampong Chhnang and Kampong Speu.

Client: East-West Management Institute (EWMI) and European Union (EU)

Main project features: Legal procedure and Land Dispute


Activities performed:

-Produced 8 episodic drama series titled Scales of Justice.

-Produced 7 episodic drama series titled Golden Vine (Bangkorng Vor Meas).

-Produced 4 episodic drama series titled Generosity (Chit Bon)

From : 2004 To : 2006

Employer: Women’s Media Centre of CambodiaPositions held: Program Coordinator/Writer



- Managing the project funded by EWMI-PRAJ, NOVIB, Rockefeller Foundation, BBC, PADEK, CIDSE, KAROL&SETHA

- Writing script for drama and spots.






Name of assignment or project: Human Rights Project in Cambodia, Accessing the law for women’ rights

Year: 2005 to 2006

Location: Phnom Penh, Kandal, Kampong Cham, Kampong Chhnang and Kampong Speu, Banteay Meanchey,...

Client: East-West Management Institute (EWMI), NOVIB, Rockefeller Foundation, PADEK, CIDSE, BBC World Service Trust and KAROL&SETHA.

Main project features: Women’ Rights, health, understanding between men and women


Activities performed: Produced mini-dramas, spots, documentaries...


Employer: Women’s Media Centre of CambodiaPositions held: Writer


- Writing scenario for short stories, spots and documentaries.


Name of assignment or project: Human Rights Project in Cambodia, Accessing the law for women’ rights

Year: 2001 to 2003

Location: Phnom Penhand some provinces.

Client: The Asia Foundation and GTZ.

Main project features: Election and Decentralization

Positions held: Writer

Activities performed: Produced short stories, spots and documentaries



Employer: Women’s Media Centre of Cambodia Positions held: Part-Time Interviewer


- Interviewed people to collect data from outside to office.

- Recruited people for doing focus group project.


Name of assignment or project: Many projects

Year: 1999 to 2000

Location: Phnom Penh and some provinces.

Client: Indochina Research Limited (IRL)

Main project features:

Positions held: Interviewer

Activities performed: collect data

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly de-scribes myself, my qualifications, and my experience. I understand that any wilful misstate-ment described herein may lead to my disqualification or dismissal, if engaged.

Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:


1. Proposed Position : Film Director


3. Name of Staff [Insert full name]: Chheng Sovanna

4. Date of Birth: January 01, 1960 Nationality: Cambodian

5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]:

1983-1989 Master of Film DirectingInstitute of Film Moscow, Russia

1970-1975 StudentClassical DancingRoyal University of Fine Arts


7. Other Training : 18th to 19th December 2008 Attended Time Management Training by VBNK at

Women’s Media Centre of Cambodia

2004 Attended BBC workshop on how to produce video spot at Women’s Media Centre of Cambodia (WMC)

1996 Attended three months course on how to make documentary with ALTELIER VARAN from France (Produced a documentary called I’m a woman, either)

8. Countries of Work Experience: Cambodia

9. Languages : English


From [Year]: 2006 To [Year]: Present

Employer: Women’s Media Centre of Cambodia Positions held: Film/Video Director

11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to


- Directing video drama, documentary and spot as required.

Handle the Tasks Assigned


Location: Phnom Penh and provinces.

Client: Many donors, partners and clients.

Main project features: Human rights, law, land dispute...

Positions held: Film/Video Director

Activities performed: Directing dramas, spots, documentaries...


Employer: Cinema and Cultural Diffusion Department, Ministry of Culture and ArtsPositions held: Chief of Production Office


- Directing video drama, documentary and spot as required.





Main project features: Human rights, law, land dispute.


Activities performed: Directing dramas, spots, documentaries...


Employer: Women’s Media Centre of CambodiaPositions held: Freelance Film Director


- Directing video drama and spot.





Client: Women’s Media Centre of Cambodia


Activities performed: Directing dramas and spots.


Employer: Royal University of Fine Arts Positions held: Teacher


- Classical dancing teacher.


Name of assignment or project: Classic dancing

Location: Phnom Penh.

Client: Royal University of Fine Arts.

Positions held: Classical Dancing Teacher

Activities performed: Teaching on classical dancing (monkey dancing).

13. Certification:





1. Proposed Position : Edutainment Chief of Technical Team


3. Name of Staff : Meng Sang

4. Date of Birth: 01 April 1970 Nationality: Cambodian

5. Education : Hight school certificate.


7. Other Training :

MEDIA PROFESSIONAL EXPERIENCES

- (2009-Present) Chief of Technical Team for Women’s Media Centre of Cambodia - (2006 –2008) Technical Advisor at the field and video editor for Women’s Media Centre of Cambodia. - (1999-2005) Camera Women and Video Editor of Women’s Media Centre of Cambodia. - (1997-1998) Camera Women for Women’s Media Centre of Cambodia. - (1993- 1997) Photographer for Ministry of Women’s affairs.

RELEVANT TRAINING ATTENDED:

2008: OPERACY, Time Management and Development customer service

2007: CoOperacy Training Course at the Women’s Media Centre of Cambodia.

2000: Cambodian Journalists Training 1998: Magazine Production Training workshop specializing

in photography.

8. Countries of Work Experience: : Cambodia

9. Languages : English (poor)



Employer: Women’s Media Centre of Cambodia Positions held: Edutainment Chief of Technical Team

11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned


Advice on technical during shooting

Shooting video Editing video Selected Actors/actress Making storyboard Manage

equipments/supplies Finding locations for

shooting. Video Dubbing Subtitling

Name of assignment or project: Court Media Project

Year: 2009 to Present

Location: Phnom Penh, Kandal, Kampong Cham, Kampong Chhnang and Kampong Som.

Client: East-West Management Institute (EWMI) and Cambodia Criminal Justice Assistance Project (CCJAP)

Main project features: Legal procedure

Positions held: Technical Advisor/Editor

Activities performed: -Advice on technical during shooting and edit the video.


Employer: Women’s Media Centre of CambodiaPositions held: Camera Operator/Editor


Shooting video Editing video Selected Actors/actress Making storyboard Finding locations for

shooting. Video Dubbing Subtitling


Name of assignment or project: Many projects.

Year: 1997 to 2008



Main project features: Many issues.

Positions held: Camera Operator/Editor

Activities performed: Shooting and editing video.


Employer: Ministry of Women’s AffairPositions held: Photographer


Taking photograph of all main activities in Ministry of Women’s Affair to produce magazine.


Name of assignment or project:

Year: 1993 to 1997


Client: WMC Project


Main project features: Women’s issues

Positions held: Photographer

Activities performed: Taking photograph to produce magazine for Ministry of Women’s Affair.

13. Certification:





1. Proposed Position : Edutainment Production Assistant


3. Name of Staff : Sok Chantha

4. Date of Birth: 07 April 1981 Nationality: Cambodian

5. Education : 2003-2007 : Bachelor degree of Business Administration in the field of Finance and

Banking, Build Bright University (BBU) 1995-1998 : Sisovath High School graduate (Bac II Degree) in General Education


7. Other Training :

19-Dec 2008 Time Management WMC/VBNK

August 2008 OPERACY Training Course WMC/LFS19-Aug –Sept 10 2003

Interviewer Training On Media Impact Survey

PSI Cambodia

8. Countries of Work Experience: : Cambodia

9. Languages : English (fair)



Employer: Women’s Media Centre of Cambodia Positions held: Edutainment Production Assistant


- Prepare budget request and budget expense for Video drama production supported by East West Management Institute (EWMI) and European Commission (EC).- Prepare clearance after completing mission of





Main project features: Many issues.

Positions held: Production Assistant.

Activities performed: Assist Production Manager to


production- Communicate with government institutes, Ministries, and other Non-government organizations to enable production process- Prepare documentations, receipts and office equipment - Manage Actors follow shooting plan

manage the whole production.

From [Year]: June 2005 To [Year]: December 2005

Employer: Women’s Media Centre of Cambodia Positions held: Researcher


- Set up questionnaires by inviting experts and brainstorming for conducting research- Write minute of Focus Group Discussion on Women in Media Issues and Concerns at WMC.- Write report on the Focus Group Discussion.- Conduct interview with directors of private and public universities and institute for the topic of Education Opportunities for women in Journalism- Conduct interview both men and women working in media’s institution and communities in 11 provinces of Cambodia on a topic’s (Women and Media).- Conduct interview journalists via phone and face-to-face in Phnom Penh at media’s institutions included directors of local magazine, international and local radios, directors of TV channels, and so on.




Client: Many donors, partners and clients. Main project features:

Management/Organizational Development, Gender/Women Issues, and

Environment/Health.

Positions held: Researcher.

Activities performed: Researching

From [Year]: June 2005 To [Year]: December 2005

Employer: Women’s Media Centre of Cambodia Positions held: Interviewer


11. Detailed Tasks As-signed

- Conducted interview and group discussion in home- Select influent people related to the topics for discussion group- Arrange schedule for group discussion - Supervise questionnaires and following up work implementation- Review work activities and submit to quality controller officer- Follow work schedule to meet the deadline.- Enter code number on questionnaires and work with data processing




Client: Population Services Internationals (PSI), PSI Cambodia and Indochina Research Limited, Co, ltd

Main project features: Organizational Development, Gender/Women Issues and Health.

Positions held: Part-Time Interviewer

Activities performed: Interviewing

13. Certification:





1. Proposed Position : Edutainment Scriptwriter


3. Name of Staff : Roeung Sakiry

4. Date of Birth: 08 August 1981 Nationality: Cambodian

5. Education

July-2008 to Present PANNASASTRA UNIVERSITY OF CAMBODIA (PUC) -Master of Education in TESOL (MEd)

Aug-2003-Mar-2004 NATIONAL INSTITUTE OF EDUCATION (NIE)(FACTULTY OF PEDAGOGY)

-Specialization in Khmer literature and English

Sep-1999-Jun-2003 ROYAL UNIVERSITY OF PHNOM PENH (RUPP)-Major of Khmer literature

1994-Aug-1998 TOUL TOM POUNG HIGH SCHOOL-High School Graduate


7. Other Training

Aug-2007- Present -General English for full timePANNASASTRA UNIVERSITY OF CAMBODIA (PUC)

Aug-2005-Apr-2007 -General English for part time ENGLISH LANGUAGE TRAINING INSTITUTE (ELT)

Oct-2006-Dec-2006 -Child Care Development, Accident Prevention and CPRSOVVANKOMAR CAMBODIA

Feb-2006 -TOT Training workshop on Mainstreaming Child ParticipationCOMMITTEE ON THE RIGHTS OF CHILD (NGO CRC)

Dec-2005 -A Course of Instruction in Mental Health Care for Children in Community after Armed ConflictsCAMBOKIDS ASSOCIATION

July-2004 -Strengthening Cambodia's Response to HIV/AIDS-Training course on HIV/AIDS Awareness and PreventionNATIONAL INSTITUTE OF EDUCATION

May-2004 -General Knowledge of EnvironmentMINISTRTY OF ENVIRONMENT

Nov-2003-Dec-2003 -Workshop on Peace Building Character Peer EducatorPARTNERSHI P FOR CAMBODIA DEVELOPMENT (PCD)

Jun-2002-Nov-2002 -General Accounting CourseINSTITUTE OF HUMAN RESOURCES DEVELOPMENT


Jun-2002-Sept-2002 -Secretary and Administration Affair CourseCAMBODIA YOUTH VOLUNTEERS ORGANIZATION (VYVO)

Jan-2001-Jan-2002 -English Support Unit ROYAL UNIVERSITY OF PHNOM PENH (RUPP)

8. Countries of Work Experience: Cambodia

9. Languages : English



Employer: Women’s Media Centre of Cambodia Positions held: Edutainment Scriptwriter


- Writing all kind of video scripts.


Name of assignment or project: Court Media project


Client: East-West Management Institute (EWMI) and Criminal Justice Assistance Project (CCJAP).

Main project features: Legal Procedure.

Positions held: Writer.

Activities performed: Writing video scrip and compose song for drama.


Employer: SOVVAN KOMAR CAMBODIA ORGAZATIONPositions held: Centre’s Teacher


-Teach Khmer and English- Improve the contents of teaching- Encourage children be good behaviour- Submit monthly observation


Name of assignment or project: Khmer and English

Location: Phnom Penh

Client:

Main project features: Teaching Khmer and English


form of children- Report on teaching activities

Positions held: Centre’s Teacher

Activities performed: Teaching Khmer and English


Employer: HEALTHCARE CENTER FOR CHILDREN (NGO HCC)Positions held: Non-Formal Educator


-Develop the schedule of teaching-Provide complementary class-literacy, numeric, nicety or English to clients in the center-Help to provide counseling, encouragement and education to clients in the shelter-Submit weekly and monthly reports on teaching activities to the Shelter Manager


Name of assignment or project: Khmer and English

Location: Phnom Penh

Client:

Main project features: Teaching Khmer and English

Positions held: Non-Formal Educator

Activities performed: Developed schedule of teaching and provided complementary class-literacy, numeric, nicety or English to clients in the centre.

13. Certification:





Form TECH-7: Staffing Schedule1

N° Name of StaffStaff input (in the form of a bar chart)2 Total staff-month input

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 TotalLocal

1 Chea Sundaneth

2 Uch Thavy 11

3 Chheng Sovanna 1

4 Meng Sang

5 Sok Chantha

6 Roeung Sakiry

7 Ouch Vanna

8 Kim Sithy

Va Simorn

n

SubtotalTotal

1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.3 Field work means work carried out at a place other than the Consultant's home office.

Full time input Part time input


Form TECH-8 Work Schedule

N° Activity1Months2

1 2 3 4 5 6 7 8 9 10 11 12 n

1 Review Document & Research x2 Brainstorming x3 Video Script Writing x x4 Submit to ACF x5 Submit to Cinema and Cultural Diffusion

Department x6 Pre-Test Script x7 Pre-Production x8 Production x x9 Post Production x10 Submit video to ACF x11 Submit video spot to Cinema and Cultural

Diffusion Department x12 English Subtitling x13 Radio script writing and producing x14 Final Products to ACF15 Summary report to ACF

n

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in the form of a bar chart.

33

Section 4. Financial Proposal - Standard Forms

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided under para. 3.6 of Section 2. Such Forms are to be used whichever is the selection method indicated in para. 4 of the Letter of Invitation.

Form FIN-1: Financial Proposal Submission Form.................................................................34

Form FIN-2: Summary of Costs..............................................................................................35

Form FIN-3: Breakdown of Costs by Activity1.......................................................................36

Form FIN-4: Breakdown of Remuneration1 (Lump-Sum).......................................................37

Form FIN-5: Breakdown of Reimbursable Expenses (Lump-Sum)........................................38

34 Section 4. Financial Proposal - Standard Forms

Form FIN-1: Financial Proposal Submission Form

Phnom Penh, Date:…25 August 2010

To: Mr. Sok LorProject Director of DFGG Project andExecutive Director of Arbitration Council Foundation

Dear Sir,

We, the undersigned, offer to provide the consulting services for Production of Broadcast Media Tools in accordance with your Request for Proposal dated July 27, 2010 and our Technical Proposal. Our attached Financial Proposal is for the sum of $28,484 (twenty eight thousand four hundred and eighty four US dollar only). This amount is exclusive of the local taxes, which shall be identified during negotiations and shall be added to the above amount.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date indicated in Paragraph Reference 1.12 of the Data Sheet.

Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below2:

Name and Address Amount and Purpose of Commissionof Agents Currency or Gratuity

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: TIVE Sarayeth, Executive Director of WMC Name of Firm: Women’s Media Centre of Cambodia Address: #30, St. 488 (484), Pshar Demthkov, Khan Chamcar Morn, Phnom Penh, Cambodia

1 Amounts must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-2.2 If applicable, replace this paragraph with: “No commissions or gratuities have been or are to paid by us to

agents relating to this Proposal and Contract execution.”

Section 4 – Financial Proposal – Standard Forms 35

Form FIN-2: Summary of Costs

Item

Costs

[US$ # 1]1 [US$ # 2]1 [US$ # 3]1[Indicate

Local Currency]

Total Costs of Financial Proposal 2 28,484

1 Indicate between brackets the name of the foreign currency. Maximum of three currencies; use as many columns as needed, and delete the others.

2 Indicate the total costs, net of local taxes, to be paid by the Client in each currency. Such total costs must coincide with the sum of the relevant Subtotals indicated in all Forms FIN-3 provided with the Proposal.


Form FIN-3: Breakdown of Costs by Activity1

Group of Activities (Phase):2

Pre-production, Production, Post production,

Description:3

The activities included one training TV program, one TV spot, and one radio, and three stages of productions included pre-test, approval, and subtitle dubbing.

Cost component

Costs

US$ # 14 US$ # 24 US$# 34[Indicate

Local Currency]

Remuneration5 12,950

Reimbursable Expenses 5 15,534

Subtotals 28,484

1 Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of billing and payment (e.g.: the assignment is phased, and each phase has a different payment schedule), the Consultant shall fill a separate Form FIN-3 for each group of activities. For each currency, the sum of the relevant Subtotals of all Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form FIN-2.

2 Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form TECH-8.

3 Short description of the activities whose cost breakdown is provided in this Form.4 Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form

FIN-2.5 For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant

Total Costs indicated in Forms FIN-4, and FIN-5.

Section 4 – Financial Proposal – Standard Forms 37

Form FIN-4: Breakdown of Remuneration1 (Lump-Sum)

(This Form FIN-4 shall only be used when the Lump-Sum Form of Contract has been included in the RFP. Information to be provided in this Form shall only be used to establish payments to the Consultant for possible additional services requested by the Client)

Name2 Position3 Staff-month Rate4 Cost

Local Staff

Chea Sundaneth Production Director 70% 122530% 525

Uch Thavy Edutainment Team Manager 70% 262530% 1125

Chheng Sovanna Film Director 70% 98030% 420

Meng Sang Chief of Technical Team 70% 98030% 420

Sok Chantha Production Assistant 70% 87530% 375

Roeung Sakiry Scriptwriter 70% 70030% 300

Ouch Vanna Scriptwriter 70% 63030% 270

Va Simorn Camera Operator/Editor 70% 52530% 225

Kim Sithy Camera Operator/Editor 70% 52530% 225

Total 12,9501 Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form TECH-7.2 Professional Staff should be indicated individually; Support Staff should be indicated per category (e.g.:

draftsmen, clerical staff).3 Positions of the Professional Staff shall coincide with the ones indicated in Form TECH-5.4 Indicate separately staff-month rate and currency for home and field work.


Form FIN-5: Breakdown of Reimbursable Expenses (Lump-Sum)

(This Form FIN-5 shall only be used when the Lump-Sum Form of Contract has been included in the RFP. Information to be provided in this Form shall only be used to establish payments to the Consultant for possible additional services requested by the Client)

N° Description1 Unit Unit Cost2 Quantity Total

Per diem allowances 25 Days 20$ 9 4500

Miscellaneous travel expenses Trip 80$ 25 2000

Communication costs months 200 4 800

Use of computers, Equipment, instruments, materials, supplies, etc. day 230 25 5750

Local transportation costs Month 250 4 1000

Office rent, clerical assistance Month 371 4 1484

Total 15,534

1 Delete items that are not applicable or add other items according to Paragraph Reference 3.6 of the Data Sheet.

2 Indicate unit cost and currency.3 Indicate route of each flight, and if the trip is one- or two-ways.4 Only if the training is a major component of the assignment, defined as such in the TOR.

Section 4 – Financial Proposal – Standard Forms – Appendix 39

Consulting Firm: Women’s Media Centre of Cambodia Country: CambodiaAssignment: Production of Broadcast Media Tools Date: 25 August 2010

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) the basic salaries indicated in the attached table are taken from the firm’s payroll records and reflect the current salaries of the staff members listed which have not been raised other than within the normal annual salary increase policy as applied to all the firm’s staff;

(b) attached are true copies of the latest salary slips of the staff members listed;

(c) the away from headquarters allowances indicated below are those that the Consultants have agreed to pay for this assignment to the staff members listed;

(d) the factors listed in the attached table for social charges and overhead are based on the firm’s average cost experiences for the latest three years as represented by the firm’s financial statements; and

(e) said factors for overhead and social charges do not include any bonuses or other means of profit-sharing.

Women’s Media Centre of Cambodia

Signature of Authorized Representative Date

Name:

Title:


Consultant’s Representations Regarding Costs and Charges

(Expressed in US$)

Personnel 1 2 3 4 5 6 7 8

Name PositionBasic Salary per

Working Month/Day/Year

days Overhead1 Subtotal Fee2Away from

Headquarters Allowance

Proposed Fixed Rate per Working Month/Day/Hour1

Total

Home Office / Field

Chea Sundaneth Production Director 350 25 7000 20% 1750

Uch Thavy Edutainment Team Manager 300 25 6000 50% 3750

Chheng Sovanna Film Director 280 25 5600 20% 1400

Meng Sang Chief of Technical Team 280 25 5600 20% 1400

Sok Chantha Production Assistant 250 25 5000 20% 1250

Roeung Sakiry Scriptwriter 200 25 4000 20% 1000

Ouch Vanna Scriptwriter 180 25 3600 20% 900

Va Simorn Camera Operator/Editor 150 25 3000 20% 750

Kim Sithy Camera Operator/Editor 150 25 3000 20% 1750

Total 12950

1. Expressed as percentage of 12. Expressed as percentage of 4

Section 5. Terms of Reference

Consultancy for Broadcast Media Tools

Project Number: World Bank-IDA-Grant Number-H4410-KHProject Title: Cambodia: Demand for Good Governance, Support to the Arbitration CouncilConsultancy: On Broadcast Media Tools: Training Video and Public Service AnnouncementLocation: Phnom Penh, Cambodia

I. Organisational Background

Arbitration Council and Arbitration Council Foundation

The Arbitration Council is an independent, national arbitration institution mandated by the Labour Law to resolve labour disputes in Cambodia. The Arbitration Council was established in 2003 in cooperation with its tripartite stakeholders, the Ministry of Labour and Vocational Training, employers and unions, and with assistance from the International Labour Organization (ILO). The Arbitration Council’s work is supported and facilitated by the Arbitration Council Foundation (ACF), a local Cambodian non-governmental organisation providing technical, managerial and financial assistance to the Arbitration Council.

The labour dispute resolution work of the Arbitration Council is founded in the Labour Law and related regulations of the Ministry of Labour. Disputes arising between workers and their employers initially undergo conciliation at the Ministry of Labour. In accordance with the law, collective labour disputes which cannot be resolved through such conciliation are forwarded to the Arbitration Council for a mandatory arbitration hearing. The Arbitration Council uses conciliation/mediation techniques and its arbitration powers to legally and equitably resolve labour disputes.

The ACF supports and facilitates the work of the Arbitration Council by providing legal assistance on arbitral cases, supporting arbitrator professional development, conducting stakeholder outreach and training programs, raising funds and managing the institutional development of the Arbitration Council.

More information regarding the Arbitration Council is available in the Annex attached to this TOR and at www.arbitrationcouncil.org.

Demand for Good Governance Project and Support to the Arbitration Council

The Arbitration Council is one of four state institutions selected to receive support from the World Bank/Royal Government of Cambodia’s Demand for Good Governance (DFGG) Project, funded by International Development Association (IDA) and the Australian Agency for International Development (AusAID). In connection therewith, the ACF implements the Support to the Arbitration Council sub-component of the DFGG project.

41

http://www.arbitrationcouncil.org/

The overall development objective of the DFGG Project is to enhance demand for good governance in priority reform areas of Cambodia by strengthening institutions, promoting partnerships, and sharing lessons. This is to be achieved by supporting selected state institutions (SIs), including the Arbitration Council; supporting non-state actors to develop DFGG programs in partnership with SIs or independently; and promoting learning, awareness raising, and capacity building on demand-side governance approaches in a broader context.

A primary goal of the Support to the Arbitration Council sub-component of the DFGG Project is to contribute to an effective governance environment by enhancing the extent to which a well-functioning labor arbitration system builds workers’ and employers’ confidence that disputes will be resolved effectively and fairly. The DFGG Project sub-component will sustain, strengthen, and allow the scale-up of the Arbitration Council’s capacity to effectively mediate and resolve labor disputes. It will improve the institution’s research and analytical capacity; provide effective tools and access to specialized technical assistance; expand its services to other geographic and economic sectors; expand training, outreach and dissemination programs; and strengthen the Arbitration Council’s institutional and financial sustainability.

II. Scope of Services

Objective of Broadcast Media Tools Consultancy

A production firm will be hired to produce the following broadcast media tools which will be a key aspect in implementing the AC’s media and communication strategies. These tools will include:

Development and Production of a Public Service Announcement, including media advisory and press release

Development and Production of an Educational Video, including media advisory and press release

In addition to these tools the firm will: Advise the ACF on the planned development of educational videos and further public

service announcement. Advise on best use of media tools after production.

Background and Targeting for Consultancy

The ACF is pursuing the use of media to raise awareness of lawful and effective labor dispute resolution practice in a considered and incremental manner. As such these TORs define a mixture of production and advisory work. Production work will involve a training video and an initial public service announcement. The advisory work will focus on supporting the AC/F to develop an approach to media and communications that is appropriate to its mandate, considering in particular its key values of independence and neutrality.

42

Section 5 – Terms of Reference

The Educational Video: The Educational Video production will be designed to orient new parties who have brought or wish to bring claims before the Arbitration Council. The video would be designed to educate as well as put parties at ease and familiarize them with the working of the Arbitration Council, so that they are better prepared to appear in a hearing before the arbitration panel. The video would be informational, explaining to potential parties what the Arbitration Council is, how it works, how claims may be brought, and what parties should expect or prepare for when claims are heard (selection of arbitrators, hearing process, etc.). The production should be culturally sensitive and be within acceptable cultural bounds of Cambodia society.

The Public Service Announcement: The Public Service Announcement (PSA) is envisaged as televised and/or radio spots that promote lawful and effective labour dispute resolution practice in a way that has been consulted with the AC’s key stakeholders (Government, Employers and Unions).

As multi-stakeholder consultation will be crucial to the success of AC/F communications activities, the firm will support the ACF to develop strategies / outputs that have been consulted with key partners (government, unions and employers).

Deliverables

Pre-production1. Core principles for a communications / media strategy that have been consulted with

key partners (government, unions and employers).2. A draft communications / media strategy that responds to the mandate and values of

the AC/F.3. A project implementation plan and other systems that ensures effective

communication with ACF during the development of the media tools.

During-production1. One Public Service Announcement for broadcast on local TVs and/or radio about

labor dispute resolution including:a. A concept note for the PSA which could be presented to stakeholders for

endorsement;b. A story board and short script covering the key messages for the PSA, as well as

intended audience, and communication objectives. 2. One educational video about the Arbitration Council process including:

a. A concept note for the videob. A story board and short script covering the key messages for the educational

video as well as intended audience, and communication objectives. Post-production

1. Obtain the approval from relevant Governmental authorities so that the media tools that have been produced can be broadcast on mass media (TV/radio/website, etc.)

2. Prepare a draft communications / media strategy for the best use of the media tools after production

43

3. Provide support to the Training and Communications Department to outreach the media tools to ACF’s audiences through either media or campaign.

4. Support the Training and Communications Department in the broadcasting of media tools on TV and/or radio where appropriate.

5. Submit an assignment completion report to the ACF Executive Director upon completion of the assignment.

Duration of Assignment:The expected duration of the contract should be for a period of three months: one month for pre-production stage; one month and a half for production stage; and 15 days for post-production stage.

III. Qualifications and Selection Criteria

A firm with extensive international experience will be hired for this assignment, and should have the following qualifications and experience:

1. A firm registered with the Royal Government of Cambodia (ROC).2. A minimum of 5 years of demonstrated experience relevant to design and

delivery of broadcast media and educational tools within developmental projects.3. A minimum of 5 years of demonstrated experience relevant to the

provision of advice on communications to government and non-government organizations.

4. Experienced team members assigned to work on the development of the project.

5. Proven track record in designing and running media programmes/campaigns and capacity to monitor and evaluate results

6. Availability for full duration of assignment7. Prior experience and knowledge of Cambodian laws and legal systems,

especially in relation to labor dispute resolution and Cambodian industrial relations, in particular the work of the AC would be an asset.

8. Experience with/broadly understanding about World Bank/IDA-funded projects and/or ROC projects will be an advantage.

9. Fluency in Khmer and English among the firm members is desirable.

IV. Services and Facilities to be Provided by the ACF

During the assignment, the ACF will:

1. Provide overall technical support, advice and supervision to the firm as well as necessary information and documents for the effectiveness and efficiency of the consultancy;

2. Arrange and facilitate contact and liaison with informants, union and employer group representatives and stakeholders as appropriate;

3. Be responsible for consultancy service payment; 4. Arrange and facilitate contact and liaison with informants, union and employer

group representatives and stakeholders as appropriate.

44

Section 5 – Terms of Reference 45

S T A N D A R D F O R M O F C O N T R A C T

Consultants’ ServicesLump-Sum

47

49

Contents

Preface......................................................................................................................................55

I. Form of Contract.................................................................................................................59

II. General Conditions of Contract..........................................................................................61

1. General Provisions........................................................................................................61

1.1 Definitions...........................................................................................................611.2 Law Governing Contract.....................................................................................621.3 Language.............................................................................................................621.4 Notices................................................................................................................621.5 Location..............................................................................................................621.6 Authority of Member in Charge.........................................................................621.7 Authorized Representatives................................................................................621.8 Taxes and Duties.................................................................................................631.9 Fraud and Corruption..........................................................................................63

2. Commencement, Completion, Modification and Termination of Contract..................64

2.1 Effectiveness of Contract....................................................................................642.2 Commencement of Services...............................................................................642.3 Expiration of Contract.........................................................................................642.4 Modifications or Variations................................................................................652.5 Force Majeure.....................................................................................................652.6 Termination.........................................................................................................65

3. Obligations of the Consultant.......................................................................................66

3.1 General................................................................................................................663.2 Conflict of Interests.............................................................................................673.3 Confidentiality....................................................................................................673.4 Insurance to be Taken Out by the Consultant.....................................................673.5 Consultant’s Actions Requiring Client’s Prior Approval...................................683.6 Reporting Obligations.........................................................................................683.7 Documents Prepared by the Consultant to be the Property of the Client...........683.8 Accounting, Inspection and Auditing.................................................................68

4. Consultant’s Personnel..................................................................................................68

4.1 Description of Personnel.....................................................................................684.2 Removal and/or Replacement of Personnel........................................................69

5. Obligations of the Client...............................................................................................69

5.1 Assistance and Exemptions.................................................................................695.2 Change in the Applicable Law Related to Taxes and Duties...............................695.3 Services and Facilities.........................................................................................69

50

6. Payments to the Consultant...........................................................................................69

6.1 Lump-Sum Payment...........................................................................................696.2 Contract Price......................................................................................................706.3 Payment for Additional Services........................................................................706.4 Terms and Conditions of Payment......................................................................706.5 Interest on Delayed Payments.............................................................................70

7. Good Faith....................................................................................................................70

7.1 Good Faith..........................................................................................................70

8. Settlement Of Disputes.................................................................................................70

8.1 Amicable Settlement...........................................................................................708.2 Dispute Resolution..............................................................................................70

III. Special Conditions of Contract.........................................................................................73

IV. Appendices.......................................................................................................................80

Appendix A – Description of Services..............................................................................80

Appendix B - Reporting Requirements..............................................................................80

Appendix C - Key Personnel and Sub-Consultants...........................................................80

Appendix D - Breakdown of Contract Price in Foreign Currency....................................80

Appendix E - Breakdown of Contract Price in Local Currency........................................81

Appendix F - Services and Facilities Provided by the Client............................................81

Appendix G - Form of Advance Payments Guarantee......................................................81

Annex II – Lump-Sum Contract – Preface 51

Preface

1. This standard contract for Consulting Services has been prepared by the Bank for use by its borrowers and their implementing agencies (referred to hereafter as Clients) when they hire a consulting firm (referred to hereinafter as the Consultant) to provide services paid on lump-sum basis. In such cases, the use of this contract is mandatory for contracts financed partly or wholly by the Bank.

2. The Contract includes four parts: the Form of Contract, the General Conditions of Contract, the Special Conditions of Contract, and the Appendices. The Client using this standard contract should not alter the General Conditions. Any adjustment to meet project features should be made only in the Special Conditions.

3. Lump-sum contracts are normally used when definition of the tasks to be performed is clear and unambiguous, when the commercial risk taken by the Consultant are relatively low, and when therefore such Consultant are prepared to perform the assignment for an agreed predetermined lump-sum price. Such price is arrived at on the basis of inputs - including rates - provided by the Consultant. The Client agrees to pay the Consultant according to a schedule of payments linked to the delivery of certain outputs, for example reports. A major advantage of the lump-sum contract is the simplicity of its administration, the Client having only to be satisfied with the outputs without monitoring the staff inputs. Studies are usually carried out on a lump-sum basis: for example, surveys, master plans, economic, sector, simple feasibility and engineering studies.

53

CONTRACT FOR CONSULTANTS’ SERVICES

Lump-Sum

between

[name of the Client]

and

[name of the Consultant]

Dated:

Annex II 55

I. Form of ContractLUMP-SUM

(Text in brackets [ ] is optional; all notes should be deleted in final text)

This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of [month], [year], between, on the one hand, [name of client] (hereinafter called the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

[Note: If the Consultant consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint venture/consortium/association consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, [name of Consultant] and [name of Consultant] (hereinafter called the “Consultant”).]

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as defined in this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that it has the required professional skills, and personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract;

(c) the Client has received [or has applied for] a loan from the International Bank for Reconstruction and Development (hereinafter called the “Bank”) [or a credit from the International Development Association (hereinafter called the “Association”)] towards the cost of the Services and intends to apply a portion of the proceeds of this loan [or credit] to eligible payments under this Contract, it being understood (i) that payments by the Bank [or Association] will be made only at the request of the Client and upon approval by the Bank [or Association], (ii) that such payments will be subject, in all respects, to the terms and conditions of the agreement providing for the loan [or credit], and (iii) that no party other than the Client shall derive any rights from the agreement providing for the loan [or credit] or have any claim to the loan [or credit] proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this Contract:

(a) The General Conditions of Contract;

(b) The Special Conditions of Contract;

Annex II 56

(c) The following Appendices: [Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the Appendix]Appendix A: Description of Services Not usedAppendix B: Reporting Requirements Not usedAppendix C: Key Personnel and Sub-Consultants Not usedAppendix D: Breakdown of Contract Price in Foreign Currency Not usedAppendix E: Breakdown of Contract Price in Local Currency Not usedAppendix F: Services and Facilities Provided by the Client Not usedAppendix G: Form of Advance Payment Guarantee Not used

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the Contract, in particular:

(a) the Consultants shall carry out the Services in accordance with the provisions of the Contract; and

(b) the Client shall make payments to the Consultants in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

For and on behalf of [name of Client]

[Authorized Representative]

For and on behalf of [name of Consultant]


[Note: If the Consultant consists of more than one entity, all these entities should appear as signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Consultant

[name of member]


[name of member]


Annex II 57

II. General Conditions of Contract1. GENERAL PROVISIONS

Annex II 58

1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law in the Government’s country, or in such other country as may be specified in the Special Conditions of Contract (SC), as they may be issued and in force from time to time.

(b) “Bank” means the International Bank for Reconstruction and Development, Washington, D.C., U.S.A., or the International Development Association, Washington, D.C., U.S.A.

(c) “Consultant” means any private or public entity that will provide the Services to the Client under the Contract.

(d) “Contract” means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is these General Conditions (GC), the Special Conditions (SC), and the Appendices.

(e) “Contract Price” means the price to be paid for the performance of the Services, in accordance with Clause 6;

(f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1.

(g) “Foreign Currency” means any currency other than the currency of the Client’s country.

(h) “GC” means these General Conditions of Contract.

(i) “Government” means the Government of the Client’s country.

(j) “Local Currency” means the currency of the Client’s country.

(k) “Member” means any of the entities that make up the joint venture/consortium/association, and “Members” means all these entities.

(l) “Party” means the Client or the Consultant, as the case may be, and “Parties” means both of them.

(m) “Personnel” means persons hired by the Consultant or by any Sub-Consultants and assigned to the performance of the Services or any part thereof.

(n) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented.

(o) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A hereto.

Annex II 59

(p) “Sub-Consultants” means any person or entity to whom/which the Consultant subcontracts any part of the Services.

(q) “In writing” means communicated in written form with proof of receipt.

1.2 Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.

1.3 Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices

1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SC.

1.4.2 A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the SC.

1.5 Location The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.

1.6 Authority of Member in Charge

In case the Consultant consists of a joint venture/ consortium/ association of more than one entity, the Members hereby authorize the entity specified in the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.

1.7 Authorized Representa-tives

Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC.

1.8 Taxes and Duties

The Consultant, Sub-Consultants, and their Personnel shall pay such indirect taxes, duties, fees, and other impositions levied under the Applicable Law as specified in the SC, the amount of which is deemed to have been included in the Contract Price.

1.9 Fraud and Corruption

If the Client determines that the Consultant and/or their Sub-Consultants has engaged in corrupt, fraudulent, collusive coercive, or obstructive practices, in competing for or in executing the Contract, then the Client

60 Annex II. Lump-Sum Contract II. General Conditions of Contract

may, after giving 14 days notice to the Consultant, terminate the Consultant's employment under the Contract, and the provisions of Clause 2 shall apply as if such expulsion had been made under Sub-Clause 2.6.1(c).

Should any personnel of the Consultant be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Contract, then that personnel shall be removed in accordance with Sub-Clause 4.2.

1.9.1 Defini-tions

For the purposes of this Sub-Clause, the terms set-forth below are defined as follows:

(i) “corrupt practice”1 is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

(ii) “fraudulent practice”2 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;

(iii) “collusive practice”3 is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

(iv) “coercive practice”4 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;

(v) “obstructive practice” is

(aa) 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 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

(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Clause 3.6.

1 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context, “public official” includes World Bank staff and employees of other organizations taking or reviewing procurement decisions.2 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution.3 “Parties” refers to participants in the selection process (including public officials) attempting to establish bid prices at artificial, non competitive levels.4 A “party” refers to a participant in the selection process or contract execution.

II. General Conditions of Contract Annex II. Lump-Sum Contract 61

1.9.2 Measures to be Taken

(vi) will cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower or of a beneficiary of the loan were engaged in corrupt, fraudulent, collusive or coercive practices during the selection process or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to remedy the situation;

(vii) will sanction a Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Bank-financed contract;

1.9.3

Commissions and Fees

The Client will require the successful Consultants to disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents with respect to the selection process or execution of the contract. The information disclosed must include at least the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into effect on the date the Contract is signed by both Parties or such other later date as may be stated in the SC. The date the Contract comes into effect is defined as the Effective Date.

2.2 Commence-ment of Services

The Consultant shall begin carrying out the Services not later than the number of days after the Effective Date specified in the SC.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.6 hereof, this Contract shall expire at the end of such time period after the Effective Date as specified in the SC.

2.4 Modifications or Variations

Any modification or variation of the terms and conditions of this Contract, including any modification or variation of the scope of the Services, may only be made by written agreement between the Parties. However, each Party shall give due consideration to any proposals for modification or variation made by the other Party.

2.5 Force Majeure


2.5.1 Definition For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.

2.5.2 No Breach of Contract

The failure of a Party to fulfill 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 event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

2.5.3 Extension of Time

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

2.5.4 Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Service after the end of such period.

2.6 Termination

2.6.1 By the Client

The Client may terminate this Contract in case of the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause GC 2.6.1. In such an occurrence the Client shall give a not less than thirty (30) days’ written notice of termination to the Consultant, and sixty (60) days’ in the case of the event referred to in (e).

(a) If the Consultant does not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing.

(b) If the Consultant becomes insolvent or bankrupt.

(c) If the Consultant, in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

(d) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of the Services for a period of not less than sixty (60) days.


(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.

(f) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof.

2.6.2 By the Consult-ant

The Consultants may terminate this Contract, by not less than thirty (30) days’ written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (c) of this Clause GC 2.6.2:

(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause GC 7 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue.

(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

(c) If the Client fails to comply with any final decision reached as a result of arbitration pursuant to Clause GC 8 hereof.

2.6.3 Payment upon Termina-tion

Upon termination of this Contract pursuant to Clauses GC 2.6.1 or GC 2.6.2, the Client shall make the following payments to the Consultant:

(a) payment pursuant to Clause GC 6 for Services satisfactorily performed prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a) through (c), and (f) of Clause GC 2.6.1, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standard of Perform-ance

The Consultant shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client’s legitimate


interests in any dealings with Sub-Consultants or third Parties.

3.2 Conflict of Interests

The Consultant shall hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their own corporate interests.

3.2.1 Consult-ants not to Benefit from Commis-sions, Discounts, etc.

The payment of the Consultant pursuant to Clause GC 6 shall constitute the Consultant’s only payment in connection with this Contract or the Services, and the Consultant shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall not receive any such additional payment.

3.2.2 Consultant and Affiliates not to be Otherwise Interested in Project

The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant’s Services for the preparation or implementation of the project.

3.2.3 Prohibition of Conflicting Activities

The Consultant shall not engage, and shall cause their Personnel as well as their Sub-Consultants and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.

3.3 Confidentiality Except with the prior written consent of the Client, the Consultant and the Personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services.

3.4 Insurance to be Taken Out by the Consultant

The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants to take out and maintain, at their (or the Sub-Consultants’, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage, as shall be specified in the SC; and (b) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums have been paid.

3.5 Consultant’s Actions Requiring Client’s Prior

The Consultant shall obtain the Client’s prior approval in writing before taking any of the following actions:

(a) entering into a subcontract for the performance of any part of the Services,


Approval (b) appointing such members of the Personnel not listed by name in Appendix C, and

(c) any other action that may be specified in the SC.

3.6 Reporting Obligations

(a) The Consultant shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.

(b) Final reports shall be delivered in CD ROM in addition to the hard copies specified in said Appendix.

3.7 Documents Prepared by the Consultant to be the Property of the Client

(a) All plans, drawings, specifications, designs, reports, other documents and software submitted by the Consultant under this Contract shall become and remain the property of the Client, and the Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof.

(b) The Consultant may retain a copy of such documents and software. Restrictions about the future use of these documents, if any, shall be specified in the SC.

3.8 Accounting, Inspection and Auditing

The Consultant shall permit the Bank and/or persons appointed by the Bank to inspect its accounts and records as well as those of its Sub-Consultants relating to the performance of the Contract, and to have such accounts and records audited by auditors appointed by the Bank if required by the Bank. The Consultant’s attention is drawn to Clause 1.9.1 which provides, inter alia, that acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Clause 3.8 constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility under the Consultant Guidelines).

4. CONSULTANT’S PERSONNEL

4.1 Description of Personnel

The Consultant shall employ and provide such qualified and experienced Personnel and Sub-Consultants as are required to carry out the Services. The titles, agreed job descriptions, minimum qualifications, and estimated periods of engagement in the carrying out of the Services of the Consultant’s Key Personnel are described in Appendix C. The Key Personnel and Sub-Consultants listed by title as well as by name in Appendix C are hereby approved by the Client.

4.2 Removal and/or Replacement

(a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consultant, such as retirement, death,


of Personnel medical incapacity, among others, it becomes necessary to replace any of the Key Personnel, the Consultant shall provide as a replacement a person of equivalent or better qualifications.

(b) If the Client finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Client’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Client.

(c) The Consultant shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and Exemptions

The Client shall use its best efforts to ensure that the Government shall provide the Consultant such assistance and exemptions as specified in the SC.

5.2 Change in the Applicable Law Related to Taxes and Duties

If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost incurred by the Consultant in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties, and corresponding adjustments shall be made to the amounts referred to in Clauses GC 6.2 (a) or (b), as the case may be.

5.3 Services and Facilities

The Client shall make available free of charge to the Consultant the Services and Facilities listed under Appendix F.

6. PAYMENTS TO THE CONSULTANT

6.1 Lump-Sum Payment

The total payment due to the Consultant shall not exceed the Contract Price which is an all inclusive fixed lump-sum covering all costs required to carry out the Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clause 2.4.

6.2 Contract Price (a) The price payable in foreign currency/currencies is set forth in the SC.


(b) The price payable in local currency is set forth in the SC.

6.3 Payment for Additional Services

For the purpose of determining the remuneration due for additional services as may be agreed under Clause 2.4, a breakdown of the lump-sum price is provided in Appendices D and E.

6.4 Terms and Conditions of Payment

Payments will be made to the account of the Consultant and according to the payment schedule stated in the SC. Unless otherwise stated in the SC, the first payment shall be made against the provision by the Consultant of an advance payment guarantee for the same amount, and shall be valid for the period stated in the SC. Such guarantee shall be in the form set forth in Appendix G hereto, or in such other form, as the Client shall have approved in writing. Any other payment shall be made after the conditions listed in the SC for such payment have been met, and the Consultant has submitted an invoice to the Client specifying the amount due.

6.5 Interest on Delayed Payments

If the Client has delayed payments beyond fifteen (15) days after the due date stated in the Clause SC 6.4, interest shall be paid to the Consultant for each day of delay at the rate stated in the SC.

7. GOOD FAITH

7.1 Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth execution of the Contract and the success of the assignment. The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.

8.2 Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in the SC.

Annex II 69

III. Special Conditions of Contract(Clauses in brackets { } are optional; all notes should be deleted in final text)

Annex II 70

Number of GC Clause

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

1.3 The language is English.

1.4 The addresses are:Client: Arbitration Council Foundation (ACF)Attention: Mr. Sok LorTel: 855-23 881 814-815Facsimile: 855-23 881 918E-mail: [email protected]: www.arbitrationcouncil.org

Consultant: Women’s Media Cntre of Cambodia

Attention: Ms. Tive Sarayeth, Executive Director

Facsimile:

E-mail: [email protected]

{1.6} {The Member in Charge is [insert name of member]}

Note: If the Consultant consists of a joint venture/ consortium/ association of more than one entity, the name of the entity whose address is specified in Clause SC 1.6 should be inserted here. If the Consultant consists only of one entity, this Clause SC 1.8 should be deleted from the SC.

1.7 The Authorized Representatives are:

For the Client: Mr. Sok Lor, ACF Executive Director

For the Consultant: Ms. Tive Sarayeth, WMC Executive Director

1.8 The Client shall reimburse the Consultant, the Sub-Consultants and the Personnel shall be exempt from any indirect taxes, duties, fees, levies and other impositions imposed, under the Applicable Law, on the Consultant, the Sub-Consultants and the Personnel in respect of:

(a) any payments whatsoever made to the Consultant, Sub-Consultants and the Personnel (other than nationals or permanent residents of the Government’s country), in connection with the carrying out of the Services;

III. Special Conditions of Contract Annex II – Lump-Sum Contract 71

(b) any equipment, materials and supplies brought into the Government’s country by the Consultant or Sub-Consultants for the purpose of carrying out the Services and which, after having been brought into such territories, will be subsequently withdrawn there from by them;

(c) any equipment imported for the purpose of carrying out the Services and paid for out of funds provided by the Client and which is treated as property of the Client;

(d) any property brought into the Government’s country by the Consultant, any Sub-Consultants or the Personnel (other than nationals or permanent residents of the Government’s country), or the eligible dependents of such Personnel for their personal use and which will subsequently be withdrawn there from by them upon their respective departure from the Government’s country, provided that:

(1) the Consultant, Sub-Consultants and Personnel, and their eligible dependents, shall follow the usual customs procedures of the Government’s country in importing property into the Government’s country; and

(2) if the Consultant, Sub-Consultants or Personnel, or their eligible dependents, do not withdraw but dispose of any property in the Government’s country upon which customs duties and taxes have been exempted, the Consultant, Sub-Consultants or Personnel, as the case may be, (i) shall bear such customs duties and taxes in conformity with the regulations of the Government’s country, or (ii) shall reimburse them to the Client if they were paid by the Client at the time the property in question was brought into the Government’s country.

2.2 The date for the commencement of Services is 13 September 2010.

2.3 The time period shall be three months.

3.4 The risks and the coverage shall be as follows:

(a) Third Party motor vehicle liability insurance in respect of motor vehicles operated in the Government’s country by the Consultant or its Personnel or any Sub-Consultants or their Personnel, with a minimum coverage ofUS$10,000.00;

(b) Third Party liability insurance, with a minimum coverage of US$20,000.00

72 Annex II – Lump-Sum Contract III. Special Conditions of Contract

(c) professional liability insurance, with a minimum coverage of US$10,000; and

(d) employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consultant and of any Sub-Consultants, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and

(e) insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.

3.6 (a) The Consultant shall follow the Work Schedule for delivery of the products.

In case of late delivery of the final products, the Consultant has seven (7) days after the due date specified in the Work Schedule to submit them without penalty.

If the delivery is received by the Client later than the 7 days, then the Consultant shall pay 1% of the total Contract Price for each day of the delay in delivery.

The above clauses do not apply in case of Force Majeure or by agreement between the Client and the Consultant.

{3.7 (b)} {The Consultant shall not use these documents and software for purposes unrelated to this Contract without the prior written approval of the Client.}

6.2(a) The amount in foreign currency or currencies [insert amount]

6.4 The accounts are:

for foreign currency or currencies: [insert account]

Payments shall be made according to the following schedule:

(a) Ten (10) percent of the Contract Price shall be paid on the commencement date against the submission of a demand guarantee for the same.

(b) Thirty (30) percent of the lump-sum amount shall be paid upon completion of the pre-production stage.


(c) Thirty (30) percent of the lump-sum amount shall be paid upon delivery of the final PSA and Educational Video.

(d) Thirty (30) percent of the lump-sum amount shall be paid upon completion of post-production stage.

(e) The demand guarantee shall be released when the total payments reach fifty (50) percent of the lump-sum amount.

6.5 The interest rate is: 0.1/100.

8.2 Disputes shall be settled by arbitration in accordance with the following provisions:

1. Selection of Arbitrators. Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three arbitrators, in accordance with the following provisions:

(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to [name an appropriate international professional body, e.g., the Federation Internationale des Ingenieurs-Conseil (FIDIC) of Lausanne, Switzerland] for a list of not fewer than five nominees and, on receipt of such list, the Parties shall alternately strike names therefrom, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, [insert the name of the same professional body as above] shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.

(b) Where the Parties do not agree that the dispute concerns a technical matter, the Client and the Consultant shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by


[name an appropriate international appointing authority, e.g., the Secretary General of the Permanent Court of Arbitration, The Hague; the Secretary General of the International Centre for Settlement of Investment Disputes, Washington, D.C.; the International Chamber of Commerce, Paris; etc.].

(c) If, in a dispute subject to Clause SC 8.2 1.(b), one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the [name the same appointing authority as in Clause SC 8.2 1.(b)] to appoint a sole arbitrator for the matter in dispute, and the arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.

2. Rules of Procedure. Except as stated herein, arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract.

3. Substitute Arbitrators. If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator.

4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of Clause SC 8.2 1 hereof shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in dispute and shall not be a national of the Consultant’s home country [Note: If the Consultant consists of more than one entity, add: or of the home country of any of their Members or Parties] or of the Government’s country. For the purposes of this Clause, “home country” means any of:

(a) the country of incorporation of the Consultant [Note: If the Consultant consists of more than one entity, add: or of any of their Members or Parties]; or

(b) the country in which the Consultant’s [or any of their Members’ or Parties’] principal place of business is located; or

(c) the country of nationality of a majority of the Consultant’s [or of any Members’ or Parties’] shareholders; or

(d) the country of nationality of the Sub-Consultants concerned, where the dispute involves a subcontract.


5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be held in [select a country which is neither the Client’s country nor the consultant’s country];

(b) the [type of language] language shall be the official language for all purposes; and

(c) the decision of the sole arbitrator or of a majority of the arbitrators (or of the third arbitrator if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.

Annex IV – Small Assignments – Lump-Sum Payments 76

IV. Appendices

APPENDIX A – DESCRIPTION OF SERVICES

Note: Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Client, etc.

APPENDIX B - REPORTING REQUIREMENTS

Note: List format, frequency, and contents of reports; persons to receive them; dates of submission; etc.

APPENDIX C - KEY PERSONNEL AND SUB-CONSULTANTS

Note: List under:

C-1 Titles [and names, if already available], detailed job descriptions and minimum qualifications of Key Foreign Personnel to be assigned to work in the Government’s country, and estimated staff-months for each.

C-2 Same as C-1 for Key Foreign Personnel to be assigned to work outside the Government’s country.

C-3 List of approved Sub-Consultants (if already available); same information with respect to their Personnel as in C-1 or C-2.

C-4 Same information as C-1 for Key local Personnel.

APPENDIX D - BREAKDOWN OF CONTRACT PRICE IN FOREIGN CURRENCY

Note: List here the elements of cost used to arrive at the breakdown of the lump-sum price - foreign currency portion:

1. Monthly rates for Personnel (Key Personnel and other Personnel).2. Reimbursable expenses.


This appendix will exclusively be used for determining remuneration for additional services.

APPENDIX E - BREAKDOWN OF CONTRACT PRICE IN LOCAL CURRENCY

Note: List here the elements of cost used to arrive at the breakdown of the lump-sum price - local currency portion:

1. Monthly rates for Personnel (Key Personnel and other Personnel).2. Reimbursable expenditures.

This appendix will exclusively be used for determining remuneration for additional services.

APPENDIX F - SERVICES AND FACILITIES PROVIDED BY THE CLIENT

Note: List here the services and facilities to made available to the Consultant by the Client.

APPENDIX G - FORM OF ADVANCE PAYMENTS GUARANTEE

Note: See Clause GC 6.4 and Clause SC 6.4.


Bank Guarantee for Advance Payment

_____________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: _________________ [Name and Address of Client]

Date: ________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Consulting Firm] (hereinafter called "the Consultants") has entered into Contract No. [reference number of the contract] dated [insert date] with you, for the provision of [brief description of Services] (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum of [amount in figures] ([amount in words]) is to be made against an advance payment guarantee.

At the request of the Consultants, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words])1 upon receipt by us of your first demand in writing accompanied by a written statement stating that the Consultants are in breach of their obligation under the Contract because the Consultants have used the advance payment for purposes other than toward providing the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Consultants on their account number ___________ at [name and address of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Consultants as indicated in copies of certified monthly statements which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of the monthly payment certificate indicating that the Consultants have made full repayment of the amount of the advance payment, or on the __ day of ___________, 2___,2

whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date.1 The Guarantor shall insert an amount representing the amount of the advance payment and denominated either

in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Client.

2 Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the Client would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Client might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in response to the Client’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”


This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

_____________________ [signature(s)]

Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be deleted from the final product.