Request for Proposal (RFP)


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Request for Proposal (RFP)

  1. 1. Request for Proposal (RFP) Date: 31 December 2009 Dear Sir/Madam, Subject: Gender Situation and Needs Analysis, CSO Scoping and Development of a Joint Assignment on Institutional Development of Gender machineries in Somalia ___________________________________________________________________________ 1. Interested Research Institutions with a focus on gender and institution development background, Professional Registered Networks or firms with a history of substantive research into gender equality issues and experience in institution development, Academic Institutions of required calibre and other such institutions with a background of gender/social research and institution development are requested to submit a proposal, as per enclosed Terms of Reference (TOR). 2. To enable you to submit a proposal, attached are: i. Instructions to Offerors …………… . (Annex I) ii. General Terms of Agreement.......... (Annex II) iii. Terms of Reference (TOR)………… . (Annex III) iv. Proposal Submission Form …………..(Annex IV) v. Price Schedule ................... …………..(Annex V) 3. Your offer comprising of technical proposal and financial proposal, in separate sealed envelopes, should reach the following address no later than 01 February 2010 by 12.00 noon: “RFP/01/01/2010: Somalia Institutional Study” Operations Manager United Nations Development Fund for Women East and Horn of Africa Regional Office Q107, UN Gigiri Complex P. O. Box 30218-00100 NAIROBI, Kenya Telephone: +254 20 7624963 NOTES: Rev Oct 2000
  2. 2. a. UNIFEM will take no responsibility for Proposals that are not delivered directly to the address above by post or courier. Proposals should not be left with the security at the gate or delivered in person. b. UNIFEM will not send acknowledgement to making a submission and will get in touch with only those institutions which are being considered for an offer. In order to receive a confirmation of submission, please courier and obtain the confirmation of delivery from the courier Organization. c. Any effort to influence the UNIFEM proposal solicitation and evaluation process by phone or email or through staff may result in disqualification of the proposal. d. All Proposals must be submitted in soft copies on CDs (one CD for the narrative proposal and one for the financial proposal) and two hard copies of the narrative and financial proposals. Please follow the guidelines regarding sealing the submission in Section D Point 14. e. UNIFEM will not consider proposals that: a. Are submitted by individuals. b. Include non eligible costs or costs not necessary related for carrying out the review. c. Are submitted from organizations that are guilty of grave professional misconduct proven by any means which UNIFEM or any other UN agency can justify. d. Fall outside the scope of this initiative. 4. If you request additional information, we would endeavor to provide information expeditiously, but any delay in providing or inability to provide such information will not be considered a reason for extending the submission date of your proposal. Kindly send your enquiries to Ms. Milka Okiddy using the following email address; 2
  3. 3. Annex I Instructions to Offerors A. Introduction Due to the continued conflict situation, the national gender machineries – the three ministries tasked with gender equality or women‘s welfare – in the three zones of Somalia have not only been marginalized in whatever very little institutional development initiatives have been undertaken but are also missing from processes of democracy-building and the larger state building actions. The recognition of this gap by the UN agencies and the need for action to address gender inequality and women‘s rights based needs forms the basis for this Request for Proposal (RFP) to carry out Gender Situation and Needs Analysis, CSO Scoping and Development of a Joint Assignment on Institutional Development of Gender machineries in Somalia. B. Administrative Details (a) Location: Nairobi, Kenya with frequent and/or prolonged travel to the different parts of Somalia and move to Somalia if the situation permits and UN Country Team for Somalia makes such a decision. (b) No of Key Team Members: Team of 02 (two) Key Consultants/Experts: One organizational/institutional development expert, one gender equality expert with considerable experience in multi-sector recovery and development and a few thematic experts for consultations as the Potential Offerors may deem fit to fully deliver the tasks. (c) Security related issues to be taken into account: The offerers need to take into account the physical hardship, logistical challenges of a conflict zone and unpredictable changes in the plans due to security in both the proposal planning and selection of their consultants/experts who would carry out the assignment (i.e., the knowledge, skills, and abilities required to perform the duty in the afore- mentioned conditions). i. UNIFEM would facilitate the travel to and from Somalia and accommodation while in Somalia. However, it must be borne in mind that any such arrangement has to be coordinated with many other UN institutions and plans remain subject to the security clearance and the ability of the UN System to arrange these at any given time. ii. Having said the above in point i, the Offerer‘s consultants/experts will be neither ―staff members‖ under the UN Staff Regulations and Rules nor ―officials‖ under 3
  4. 4. the Convention on the Privileges and Immunities of the United Nations. The Offerer will: a. Submit a ―Statement of Good Health and Fitness to Travel‖ from a recognized physician prior to commencement of work, and take full responsibility for the accuracy of that statement on behalf of its consultants/experts who are expected to work on this assignment. The Statement of Good Health should be valid for one year. b. If the Offerer has consultants/expert over 65 years of age, the Offerer will ensure submission of a medical clearance certificate after a full medical examination conducted specifically for the assignment and stating their fitness to work in a hardship situation with minimal medical facilities. c. Also ensure that its consultants/experts have had the required inoculations for Somalia and Kenya and it will submit a copy of the list of inoculations that the consultants/expert have prior to signing the agreement. d. Ensure that its consultants/experts have comprehensive Medical Insurance and Medical Evacuation coverage valid in Somalia and Kenya. e. Expenses related to the Point 3 cannot be budgeted in the proposal or charged to UNIFEM. These expenses have to be borne by the Offerer or its consultants/experts. f. By submitting a proposal, the offerers and its consultants/experts commit to observe and follow all security rules and protocols that the UN System may require of them. g. Any costs related to travel to and from Somalia and security (like security training, if required and security escort fee, where applicable) will be directly borne by UNIFEM and should not be budgeted by the Offerers. (d) Proposal Submission Deadline: 01 February 2010, 12:00 Hours (e) Type of Procurement: Request for Proposal (RFP) (f) Duration of the Contract to be offered to Selected Offeror: 06 (Six) months (g) Languages Required: English. Knowledge of Al Soomali desirable. (h) Cost of proposal: 4
  5. 5. The Offeror shall bear all costs associated with the preparation and submission of the Proposal, the UNIFEM will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the solicitation. C. Solicitation Documents 1. Contents of solicitation documents Proposals must offer services for the total requirement. Proposals offering only part of the requirement will be rejected. The Offeror is expected to examine all corresponding instructions, forms, terms and specifications contained in the Solicitation Documents. Failure to comply with these documents will be at the Offeror‘s risk and may affect the evaluation of the Proposal. 4. Clarification of solicitation documents A prospective Offeror requiring any clarification of the Solicitation Documents may notify the procuring UNIFEM entity in writing at the organisation‘s mailing address in the RFP. The procuring UNIFEM entity will respond in writing to any request for clarification of the Solicitation Documents that it receives earlier than two weeks prior to the deadline for the submission of Proposals. Written copies of the organisation‘s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Offerors that has received the Solicitation Documents. 5. Amendments of solicitation documents At any time prior to the deadline for submission of Proposals, the procuring UNIFEM entity may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Offeror, modify the Solicitation Documents by amendment. All prospective Offerors that have received the Solicitation Documents will be notified in writing of all amendments to the Solicitation Documents. In order to afford prospective Offerors reasonable time in which to take the amendments into account in preparing their offers, the procuring UNIFEM entity may, at its discretion, extend the deadline for the submission of Proposals. D. Preparation of Proposals 6. Language of the proposal The Proposals prepared by the Offeror and all correspondence and documents relating to the Proposal exchanged by the Offeror and the procuring UNIFEM entity shall be written in the English language. Any printed literature furnished by the Offeror may be written in another language so long as accompanied by an English translation of its pertinent passages in which case, for purposes of interpretation of the Proposal, the English translation shall govern. 5
  6. 6. 7. Documents comprising the proposal that should be submitted to UNIFEM The Proposal shall comprise the following components: (a) Proposal Submission Form (b) Proposal Outline; (c) Understanding of the Terms of Reference; (d) Operational and technical part of the Proposal, including documentation to demonstrate that the Offeror meets all requirements; (e) Methodology Paper clearly describing the theoretical and conceptual frameworks to be used for Gender Needs/Situation Analysis and CSO Scoping study (f) Proposed work plan (g) Proposed Team Structure: the composition of the team proposed to carry out the activities and the tasks (including supervisory) (h) Names and Curriculum Vitae of the team leader and members (i) Price schedule or the Financial Proposal, completed in accordance with clauses 8 and 9 given below and in line with the Administrative Details in Section B above; (j) Evidence of similar work done in the past (eg, research report, programme document, etc). UNIFEM will use these to assess the Offerer‘s capacity and will not violet the copyright of publication in any manner. (k) Proposal security 8. Proposal form The Offeror shall structure the operational and technical part of its Proposal as follows: (a) Assignment Management Information: This section should provide corporate orientation to include the year and state/country of incorporation and a brief description of the Offeror‘s present activities. It should focus on services related to the Proposal. This section should also describe the organisational unit(s) that will become responsible for the Agreement, and the general management approach towards a assignment of this kind. The Offeror should comment on its experience in similar assignments and identify the person(s) representing the Offeror in any future dealing with the procuring UNIFEM entity. All documents (eg, registration, audit, previous annual reports, etc) should be given as annexes to the Proposal/response. 6
  7. 7. Please ensure that this part responds to all the criteria laid down in Section E Point 21 (b) Form 1 and From 3 of this RFP. (b) Proposed Strategy and Results This section should demonstrate the Offeror‘s responsiveness to the specification by identifying the specific components proposed, addressing the requirements, as specified, point by point; providing a detailed description of the essential performance characteristics proposed warranty; and demonstrating how the proposed methodology meets or exceeds the specifications. It is mandatory that the Offeror‘s Proposal numbering system corresponds with the numbering system used in the body of this RFP and in the proposal format provided in the proposal cover page template. All references to descriptive material and brochures should be included in the appropriate response paragraph, though material/documents themselves may be provided as annexes to the Proposal/response. Information which the Offeror considers proprietary, if any, should be dearly marked ―proprietary‖ next to the relevant part of the text and it will then be treated as such accordingly. Please ensure that this part responds to all the criteria laid down in Section E Point 21 (b) Form 2 of this RFP. (c) Assignment and Resource Management Information: This should fully explain the Offeror‘s resources in terms of personnel and facilities necessary for the performance of this assignment. It should describe the Offeror‘s current capabilities/facilities and any plans for their expansion. Please ensure that this part responds to all the criteria laid down in Section E Point 21 (b) Form 1 and From 3 of this RFP. NOTE: The operational and technical part of the Proposal should not contain any pricing/budget information whatsoever on the services offered Pricing information must be separated and only contained in the appropriate Price Schedule or the Financial Proposal. 9. Proposal prices or Financial Proposal The Offeror shall provide detailed budget on an appropriate Price Schedule or Financial Proposal in US$. Where the national currency is to be used, the partner will submit of the Price Schedule or Financial Proposal in the in the national currency in addition to the Price Schedule or Financial Proposal in the US$. 7
  8. 8. The proposed prices/budget should directly correspond to the narrative technical proposal and each activity and area of work must be budgeted from the perspective of cost- effectiveness and resource optimization. The prices offered will remain valid throughout the lifespan of the assignment from the start date to the end date as may be agreed by the signing of the Agreement. 10. Proposal currencies All prices shall be quoted in US dollar (US$) and upon selection any transfer of funds could be in the national currency equivalent to the proposed prices in US$. 11. Period of validity of proposals Proposals shall remain valid for one hundred and twenty (120) days after the date of Proposal submission prescribed by the procuring UNIFEM entity, pursuant to the deadline clause. A Proposal valid for a shorter period may be rejected by the procuring UNIFEM entity on the grounds that it is non-responsive. In exceptional circumstances, the procuring UNIFEM entity may solicit the Offeror‘s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. An Offeror granting the request will not be required nor permitted to modify its Proposal. 12. Format and signing of proposals The Offeror shall prepare soft copies on two CDs and two hard copies each of the Proposal, clearly marking each ―Original Proposal‖ and ―Copy of Proposal‖ as appropriate. In the event of any discrepancy between them, the original shall govern. The two copies of the Proposal shall be typed or written in indelible ink and shall be signed by the Offeror or a person or persons duly authorised to bind the Offeror to the Agreement. The latter authorisation shall be indicated by written power-of-attorney acOrganizationing the Proposal. A Proposal shall contain no interlineations, erasures, or overwriting except, as necessary to correct errors made by the Offeror, in which case such corrections shall be initialled by the person or persons signing the Proposal. 13. Payments and instalments UNIFEM shall effect payments to the Selected INSTITUTION/FIRM after acceptance by UNIFEM of the invoices submitted by the contractor, upon achievement of the corresponding milestones as may be agreed in the Contract. E. Submission of Proposals 14. Sealing and marking of proposals 8
  9. 9. The Offeror shall seal the soft and hard copies of the Proposal in one outer and two inner envelopes, as detailed below. (a) The outer envelope shall be addressed as: “RFP/01/01/2010: Somalia Institutional Study” Operations Manager United Nations Development Fund for Women East and Horn of Africa Regional Office Q107, UN Gigiri Complex P. O. Box 30218-00100 NAIROBI, Kenya Telephone: +254 20 7624963 (b) Both inner envelopes shall indicate the name and address of the Offeror. The first inner envelope shall contain the information specified in Clause 8 (Proposal form) above, with the copies duly marked ―Original‖ and ―Copy‖. The second inner envelope shall include the price schedule of the Financial Proposal duly identified as such. Note, if the inner envelopes are not sealed and marked as per the instructions in this clause, the procuring UNIFEM entity will not assume responsibility for the Proposal‘s misplacement or premature opening. 15. Deadline for submission of proposals Proposals must be received by the procuring UNIFEM entity at the address specified under clause Sealing and marking of Proposals no later than 12:00 hours local time, 01 February 2010. The procuring UNIFEM entity may, at its own discretion extend this deadline for the submission of Proposals by amending the solicitation documents in accordance with clause Amendments of Solicitation Documents, in which case all rights and obligations of the procuring UNIFEM entity and Offerors previously subject to the deadline will thereafter be subject to the deadline as extended. 16. Late Proposals Any Proposal received by the procuring UNIFEM entity after the deadline for submission of proposals, pursuant to clause Deadline for the submission of proposals, will be rejected. 17. Modification and withdrawal of Proposals The Offeror may withdraw its Proposal after the Proposal‘s submission, provided that written notice of the withdrawal is received by the procuring UNIFEM entity prior to the deadline prescribed for submission of Proposals. 9
  10. 10. The Offeror‘s withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of clause Deadline for Submission of Proposals. The withdrawal notice may also be sent by telex or fax but followed by a signed confirmation copy. No Proposal may be modified subsequent to the deadline for submission of proposals. No Proposal may be withdrawn in the Interval between the deadline for submission of proposals and the expiration of the period of proposal validity specified by the Offeror on the Proposal Submission Form. F. Opening and Evaluation of Proposals 18. Opening of proposals The procuring entity will open the Proposals in the presence of a Committee formed by the Head of the procuring UNIFEM entity. 19. Clarification of proposals To assist in the examination, evaluation and comparison of Proposals, the UNIFEM may at its discretion, ask the Offeror for clarification of its Proposal. The request for clarification and the response shall be in writing and no change in price or substance of the Proposal shall be sought, offered or permitted. No such clarification seeking will amount to selection of the proposal. 20. Preliminary examination The UNIFEM will examine the Proposals to determine whether they are complete, whether all specified sections and documents are included, whether the documents have been properly signed, and whether the Proposals are generally in order. Prior to the detailed evaluation, the UNIFEM will determine the substantial responsiveness of each Proposal to the Request for Proposals (RFP) by looking at whether or not all specified sections have been filled by the INSTITUTION/FIRM. For purposes of these Clauses, a substantially responsive Proposal is one which conforms to all the terms and conditions of the RFP without material deviations. The UNIFEM‘s determination of a Proposal‘s responsiveness is based on the contents of the Proposal itself without recourse to extrinsic evidence. A Proposal determined as not substantially responsive will be rejected by the UNIFEM and may not subsequently be made responsive by the Offeror by correction of the non- conformity. 21. Evaluation and comparison of proposals Only those proposals which qualify the preliminary examination will be evaluated in-depth in the second stage. The technical proposal is evaluated on the basis of its responsiveness to the Term of Reference (TOR). 10
  11. 11. A two-stage procedure is utilized in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal being opened and compared. The price proposal of the Proposals will be opened only for submissions which fully meet the technical criteria in the evaluation. Arithmetical errors in the short-listed proposals will be rectified during the preliminary evaluation of the financial proposal or the Price Offer on the following basis: If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected. If the Offeror does not accept the correction of errors, its Proposal will be rejected. If there is a discrepancy between words and figures the amount in words will prevail. In the Second Stage, the price proposal of all shortlisted INSTITUTION/FIRMs who meet all the technical criteria, will be compared. The contract will be awarded to the technically qualified Contractor offering the lowest price.. UNIFEM may negotiate the technical and financial proposal with the INSTITUTION/FIRM and will conduct reference check of the INSTITUTION/FIRM prior to making a final decision. Any such negotiation and vetting is not to be treated as an offer or confirmation of selection. (a) Technical Evaluation Criteria Summary of Technical Proposal Score Points Organization Evaluation Forms Weight Obtaina A B C D E ble 1. Organizational strengths of the INSTITUTION/FIRM submitting 30% 300 the Proposal 2. Soundness of proposed 40% 400 strategies and results and responsiveness to the ToR 3. Capacity of the 30% 300 INSTITUTION/FIRM‘s Personnel Total 1000 (b) Evaluation forms Evaluation forms for technical proposals follow on the next few pages. The obtainable number of points specified for each evaluation criterion indicates the relative significance or weight of the item in the overall evaluation process. The Proposal Evaluation Forms are: Form 1: Strengths of Organization Submitting Proposal Form 2: Proposed Strategies, Results and Results Based Planning Form 3: Personnel Capacities Note: The score weights and points obtainable in the evaluation sheet are tentative and should be changed depending on the need or major attributes of technical proposal. 11
  12. 12. Form 1: Points Organization obtainable A B C D E Strengths of organization submitting proposal 1 Reputation of Organisation and Staff 40 (Competence and Reliability of Both based on their past performance) 2 Litigation and Arbitration history 25 3 General Organisational Capability which is 50 likely to affect implementation (i.e. loose consortium, size of the Organization, strength of assignment management support e.g. staff to follow up, dedicated staff for specialized tasks, coordination capacity, and assignment management controls, etc) 4 Extent to which any work would be 15 subcontracted and information about the nature of subcontracting in the proposal (subcontracting carries additional risks which may affect assignment implementation, but properly done it offers a chance to access specialized skills). 5 Quality assurance procedures, warranty, etc 25 that the Organization may have in place 6 Relevance and efficiency of: 145 1. Specialized Knowledge of Behaviour and Policy Change Research and Programmes/Assignments and Implementing work in the Institutional Development area for which application is made 2. Experience of implementing assignments of similar nature and scope 3. Experience of managing risks to the assignment 4. Work planning and review capacities 5. M&E and reporting capacities 6. Sustainability plan and replication abilities 7. Soundness of Assignment management (organization and assignment management flow chart and description of roles and responsibilities) and resource management (adequacy, efficiency and cost effectiveness of personnel, facilities, etc) abilities 300 Form 2: Points Organization Obtainable A B C D E 12
  13. 13. Proposed Strategies, Results and Results Based Planning 1 To what degree does the Offerer 60 understand the ToR in terms of nature and scope? 2 Have the important aspects of the theme to 50 be addressed been addressed in sufficient detail in terms of explanations and alignment with the intent of the theme description and focus given in the ToR? 3 Are the different components of the 50 assignment adequately planned with indicators, activities and annual targets to be achieved in the M&E Plan? 4 Is the sequence of planned actions 50 appropriate for realization of the Key Result and the Outputs or the secondary results? 5 Is the proposal based on demonstrated past 50 experience of the Offerer? 6 Is the workplan in line with the narrative 100 proposal and does it look realistic in the country context? 7 Is coordination planned clearly and names 40 of stakeholders for specific and overall coordination provided and promise efficient implementation to the assignment? 400 Points Organization Form 3: Obtainable A B C D E Capacities of INSTITUTION/FIRM Personnel based on the CVs Sub- 1 The two key experts required as points 200 per the ToR 1.1. Experience suitable to the 20 assignment tasks as explained in the ToR 1.2. Experience of managing a 20 complex research assignment 1.3. Relevance of academic and 20 training background 1.4. Research abilities 60 1.5. Reporting abilities 60 1.6. Experience of working with 20 gender machineries and in the public sector reform in conflict/post conflict situation Sub-total 200 13
  14. 14. Sub- 2 Other experts (Specify here the points 100 number and the proposed role they would play) 2.1. General relevance of 20 academic qualifications and trainings to the task for which they are being proposed to be assigned 2.2. Suitability of experience for 20 the Assignment theme or task for which they are being proposed to be assigned 2.3. Experience of working with 10 gender machineries and in the public sector reform 2.4. Research abilities 20 2.5. Documentation abilities 20 relevant to the task assigned 2.7. Research experience in 10 conflict/post conflict environments Sub-total 100 300 Total Part 3 G. Award of Contract 22. Award criteria, award of Contract The procuring UNIFEM entity reserves the right to accept or reject any Proposal, and to annul the solicitation process and reject all Proposals at any time prior to award of Agreement, without thereby incurring any liability to the affected Offeror or any obligation to inform the affected Offeror or Offerors of the grounds for the UNIFEM‘s action Prior to expiration of the period of proposal validity, the procuring UNIFEM entity will award the Agreement to the qualified Offeror whose Proposal after being evaluated is considered to be the most responsive to the needs of UNIFEM Country Strategy. 23. UNIFEM‘s right to vary requirements at time of award The UNIFEM reserves the right at the time of award of Agreement to vary the quantity of services and goods specified in the RFP without any change in price or other terms and conditions. 24. Signing of the Agreement Within fifteen (15) days of receipt of the Agreement the successful Offeror shall sign and date the Agreement and return it to the UNIFEM. 14
  15. 15. 25. Performance Security Within 30 days of the receipt of the Contract from UNIFEM, the successful Offeror shall provide the performance security on the Performance Security Form provided in the Solicitation Documents and in accordance with the Special Conditions of Contract. Failure of the successful Offeror to comply with the requirement of Clause 24 or Clause 25 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Proposal security if any, in which event UNIFEM may make the award to the next lowest evaluated Offeror or call for new Proposals. 15
  16. 16. Annex II GENERAL CONDITIONS OF AGREEMENT 1. LEGAL STATUS The Selected INSTITUTION/FIRM shall be considered as having the legal status of an independent selected INSTITUTION/FIRM vis-à-vis UNIFEM. The Selected INSTITUTION/FIRM's personnel and sub-selected INSTITUTION/FIRMs shall not be considered in any respect as being the employees or agents of UNIFEM or the United Nations. 2. SOURCE OF INSTRUCTIONS The Selected INSTITUTION/FIRM shall neither seek nor accept instructions from any authority external to UNIFEM in connection with the performance of its services under this Agreement. The Selected INSTITUTION/FIRM shall refrain from any action which may adversely affect UNIFEM or the United Nations and shall fulfil its commitments with the fullest regard to the interests of UNIFEM. 3. SELECTED INSTITUTION/FIRM'S RESPONSIBILITY FOR EMPLOYEES The Selected INSTITUTION/FIRM shall be responsible for the professional and technical competence of its employees and will select, for work under this Agreement, reliable individuals who will perform effectively in the implementation of this Agreement, respect the local customs, and conform to a high standard of moral and ethical conduct. 4. ASSIGNMENT The Selected INSTITUTION/FIRM shall not assign, transfer, pledge or make other disposition of this Agreement or any part thereof, or any of the Selected INSTITUTION/FIRM's rights, claims or obligations under this Agreement except with the prior written consent of UNIFEM. 5. SUB-AGREEMENTS In the event the Selected INSTITUTION/FIRM requires the services of sub-selected INSTITUTION/FIRMs, the Selected INSTITUTION/FIRM shall obtain the prior written approval and clearance of UNIFEM for all sub-selected INSTITUTION/FIRMs. The approval of UNIFEM of a sub-selected INSTITUTION/FIRM shall not relieve the Selected INSTITUTION/FIRM of any of its obligations under this Agreement. The terms of any sub- Agreement shall be subject to and conform with the provisions of this Agreement. 6. OFFICIALS NOT TO BENEFIT The Selected INSTITUTION/FIRM warrants that no official of UNIFEM or the United Nations has received or will be offered by the Selected INSTITUTION/FIRM any direct or indirect benefit arising from this Agreement or the award thereof. The Selected INSTITUTION/FIRM agrees that breach of this provision is a breach of an essential term of this Agreement. 16
  17. 17. 7. INDEMNIFICATION The Selected INSTITUTION/FIRM shall indemnify, hold and save harmless, and defend, at its own expense, UNIFEM, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the Selected INSTITUTION/FIRM, or the Selected INSTITUTION/FIRM's employees, officers, agents or sub-selected INSTITUTION/FIRMs, in the performance of this Agreement. This provision shall extend, inter alia, to claims and liability in the nature of personnel's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Selected INSTITUTION/FIRM, its employees, officers, agents, servants or sub-selected INSTITUTION/FIRMs. The obligations under this Article do not lapse upon termination of this Agreement. 8. INSURANCE AND LIABILITIES TO THIRD PARTIES 8.1 The Selected INSTITUTION/FIRM shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Agreement. 8.2 The Selected INSTITUTION/FIRM shall provide and thereafter maintain all appropriate personnel's compensation insurance, or its equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Agreement. 8.3 The Selected INSTITUTION/FIRM shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of services under this Agreement or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Selected INSTITUTION/FIRM or its agents, servants, employees or sub-selected INSTITUTION/FIRMs performing work or services in connection with this Agreement. 8.4 Except for the personnel's compensation insurance, the insurance policies under this Article shall: (i) Name UNIFEM as additional insured; (ii) Include a waiver of subrogation of the Selected INSTITUTION/FIRM's rights to the insurance carrier against UNIFEM; (iii) Provide that UNIFEM shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage. 8.5 The Selected INSTITUTION/FIRM shall, upon request, provide UNIFEM with satisfactory evidence of the insurance required under this Article. 9. ENCUMBRANCES/LIENS The Selected INSTITUTION/FIRM shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNIFEM against any monies due or to become due for any work done or materials furnished under this Agreement, or by reason of any other claim or demand against the Selected INSTITUTION/FIRM. 17
  18. 18. 10. TITLE TO EQUIPMENT Title to any equipment and supplies that may be furnished by UNIFEM shall rest with UNIFEM and any such equipment shall be returned to UNIFEM at the conclusion of this Agreement or when no longer needed by the Selected INSTITUTION/FIRM. Such equipment, when returned to UNIFEM, shall be in the same condition as when delivered to the Selected INSTITUTION/FIRM, subject to normal wear and tear. The Selected INSTITUTION/FIRM shall be liable to compensate UNIFEM for equipment determined to be damaged or degraded beyond normal wear and tear. 11. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS UNIFEM shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights, and trademarks, with regard to products, or documents and other materials which bear a direct relation to or are produced or prepared or collected in consequence of or in the course of the execution of this Agreement. At the UNIFEM's request, the Selected INSTITUTION/FIRM shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them to UNIFEM in compliance with the requirements of the applicable law. 12. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNIFEM OR THE UNITED NATIONS The Selected INSTITUTION/FIRM shall not advertise or otherwise make public the fact that it is a Selected INSTITUTION/FIRM with UNIFEM without written consent of UNIFEM, nor shall the Selected INSTITUTION/FIRM, in any manner whatsoever use the name, emblem or official seal of UNIFEM or the United Nations, or any abbreviation of the name of UNIFEM or the United Nations in connection with its business or otherwise. 13. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION 13.1 All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Selected INSTITUTION/FIRM under this Agreement shall be the property of UNIFEM, shall be treated as confidential and shall be delivered only to UNIFEM authorized officials on completion of work under this Agreement. 13.2 The Selected INSTITUTION/FIRM may not communicate at any time to any other person, Government or authority external to UNIFEM, any information known to it by reason of its association with UNIFEM which has not been made public except with the authorization of UNIFEM; nor shall the Selected INSTITUTION/FIRM at any time use such information to private advantage. These obligations do not lapse upon termination of this Agreement. 14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 14.1 Force majeure, as used in this Article, means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force which are beyond the control of the Parties. 14.2 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Selected INSTITUTION/FIRM shall give notice and full particulars in writing to UNIFEM, of such occurrence or change if the Selected 18
  19. 19. INSTITUTION/FIRM is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Agreement. The Selected INSTITUTION/FIRM shall also notify UNIFEM of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of this Agreement. The notice shall include steps proposed by the Selected INSTITUTION/FIRM to be taken including any reasonable alternative means for performance that is not prevented by force majeure. On receipt of the notice required under this Article, UNIFEM shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Selected INSTITUTION/FIRM of a reasonable extension of time in which to perform its obligations under this Agreement. 14.3 If the Selected INSTITUTION/FIRM is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Agreement, UNIFEM shall have the right to suspend or terminate this Agreement on the same terms and conditions as are provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days. 14.4 Conditions, as stated in this Article shall be rendered null and void if they are different from or contradict the conditions laid down in the Agreement that UNIFEM shall sign with the Selected INSTITUTION/FIRM. 15. TERMINATION 15.1 Either party may terminate this Agreement for cause, in whole or in part, upon thirty days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16 "Settlement of Disputes" below shall not be deemed a termination of this Agreement. 15.2 UNIFEM reserves the right to suspend and/or terminate this Agreement at any time upon 14 days prior written notice to the Selected INSTITUTION/FIRM. 15.3 In the event of any termination by UNIFEM under this Article, no payment shall be due from UNIFEM to the Selected INSTITUTION/FIRM except for work and services satisfactorily performed in conformity with the express terms of this Agreement. The Selected INSTITUTION/FIRM shall take immediate steps to terminate the work and services in a prompt and orderly manner and to minimize losses and further expenditures. 15.4 Should the Selected INSTITUTION/FIRM be adjudged bankrupt, or be liquidated or become insolvent, or should the Selected INSTITUTION/FIRM make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Selected INSTITUTION/FIRM, UNIFEM may, without prejudice to any other right or remedy it may have, terminate this Agreement forthwith. The Selected INSTITUTION/FIRM shall immediately inform UNIFEM of the occurrence of any of the above events. 15.5 Conditions, as stated in this Article shall be rendered null and void if they are different from or contradict the conditions laid down in the Agreement that UNIFEM shall sign with the Selected INSTITUTION/FIRM. 16. SETTLEMENT OF DISPUTES 16.1. Amicable Settlement 19
  20. 20. The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Agreement or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties. 16.2. Arbitration Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this Agreement or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, such dispute, controversy or claim shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining, including its provisions on applicable law. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute. 16.3. Validity of this Article Conditions, as stated in this Article shall be rendered null and void if they are different from or contradict the conditions laid down in the Agreement that UNIFEM shall sign with the Selected INSTITUTION/FIRM. 17. PRIVILEGES AND IMMUNITIES Nothing in or relating to this Agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs. 18. TAX EXEMPTION 18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the Contractor shall immediately consult with UNDP to determine a mutually acceptable procedure. 18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with UNDP before the payment thereof and UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized. 20
  21. 21. 19 CHILD LABOUR 19.1 The Selected INSTITUTION/FIRM represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical mental, spiritual, moral or social development. 19.2 Any breach of this representation and warranty shall entitle UNIFEM to terminate this Agreement immediately upon notice to the Selected INSTITUTION/FIRM, at no cost to UNIFEM. 20 MINES, ARMS and TERRORISM 20.1 The Selected INSTITUTION/FIRM represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, terrorism activities, and in development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines or any other kind of Arms. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980. 20.2 Any breach of this representation and warranty shall entitle UNIFEM to terminate this Agreement immediately upon notice to the Selected INSTITUTION/FIRM, without any liability for termination charges or any other liability of any kind of UNIFEM. 21 OBSERVANCE OF THE LAW The Selected INSTITUTION/FIRM shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Agreement. 22 AUTHORITY TO MODIFY No modification or change in this Agreement, no waiver of any of its provisions or any additional Agreement/Contractual relationship of any kind with the Selected INSTITUTION/FIRM shall be valid and enforceable against UNIFEM unless provided by an amendment to the Agreement signed by the authorized official of UNIFEM. 21
  22. 22. Annex III Terms of Reference (ToR) Background [It has been 18 years since the eruption of the Somalia conflict following the demise of the government of Siaad Barre. During this period, the conflict fluctuated in terms of its intensity, the nature of actors involved as well as its dimensions and dynamics. Currently, the conflict is raging on between the institutionally weak Transitional Federal Government (TFG) forces and their supporters on the one hand and al Shaabab and other fundamentalist groups on the other. The TFG was expanded in early 2009 following the peace agreement between TFG and the moderate opposition group the ‗Alliance for the Re-liberation of Somalia‘ (ARS-Djibouti) and enjoys international legitimacy and the support of Inter-Governmental Authority on Development (IGAD). The TFG with the support of the African Union Mission in Somalia (AMISOM) controls only a small part of the capital Mogadishu. Large parts of south central Somalia, including parts of the capital, are in the hands of al Shaabab and other opposition forces. While in the past, clan politics and rivalry between various warlords fuelled and entrenched the conflict, in recent times additional dimensions has been added to the conflict as result of the increasing power contestation of the religious groups. Another notable development is also the extension of the conflict from inland areas to the sea off the coast of Somalia. The coastal water of Somalia is now the most pirate-infested sea, posing a serious threat to maritime security and trade. Various efforts have been made at resolving this highly protracted conflict. So far, there have been 15 internationally led peace processes. Since early 2008, the UN has initiated a new peace process. At the same time, the AU maintains a small peacekeeping force known as AMISOM. One of the achievements of the new UN-led peace process has been the signing of an agreement between the TFG and the ARS-Djibouti, which led to the appointment of a new president and the expansion of the TFG Parliament in late January 2009. Although this aroused the hope for peace in Somalia, the rejection of the peace process and the new government by al Shaabab and opposition forces and the increasing intensity of the fighting are raising fears that the new government may collapse. As the fighting persists, the Somalia conflict continues to test the imagination and good will of those working for its resolution]1. Amidst the continued fighting the international community as well as the dedicated persons within the fragile governance systems have been making attempts to construct and support democratic governance institutions. The UN has increasingly taken on the responsibility in supporting institution building, including the constitutional process. Constitutional processes as part of broader state-building efforts, keeping in mind the challenge that is faced by the local context and existing human capacity in building institutions that conform to the internationally accepted standards. In the process, the focus have mostly been on governance institutions that are mandated to deliver the basic services and security to the population. While interventions to assist institutions in delivering services are present, the institutional 1 Solomon A Dersso • The Somalia Conflict: Implications for peacemaking and peacekeeping efforts • ISS Paper 198 • Page 1• September 2009 22
  23. 23. development has mostly focused on organizational structures rather than the institutional capacity development that can enable institutions to own, manage and reform the governance apparatus. In particular, is the absence of negotiations and political bargaining concerning gender equality among the development actors and decision makers, despite of the willingness to address this gap. Consequently, the national gender machineries – the three ministries tasked with gender equality or women‘s welfare – in the three zones of Somalia have not only been marginalized in whatever little institutional development initiatives have been undertaken but are also missing from processes of democracy-building and the larger state building actions. The recognition of this gap by the UN agencies and the need for action to address gender inequality and women‘s rights based needs forms the basis for this request for proposal to carry out gender situation analysis and scoping of civil society organisations engaged in actions contributing to gender equality. The national gender machineries or the ministries in the three zones bear the main responsibility for the gender/women‘s empowerment strategy development and implementation as well as for gender mainstreaming in government processes and programmes in general. Though the weakness of the governance institutions is a problem across the board in Somalia, the limited attention paid to building capacities of gender machineries exacerbates the uneven capacities among line ministries, which in turn slow down the process of economic development and of building the democratic society, in which all members, men and women, are able to contribute effectively and benefit from the development results in different spheres of life. Concerted efforts to institutionalise gender equality actions in governance institutions through multiple strategies, including efforts to build capacitates of the gender machineries are necessary in a context in which the existing social, economic and political institutions are by an large perpetuating the gender inequalities in the country. The Outputs of this consultancy are aimed to help improve interactions on and abilities of the gender/women‘s ministries to engage on gender equality and women‘s empowerment needs in the macro-structural context. It is aimed that the Outputs will help determine direction and actions of the interested UN agencies such as UNDP and UNIFEM (but not limited to only these two) that are aimed to address gender inequalities within the social, economic and political governance institutions. Scope of the assignment: The team of experts constituted by the Selected Offeror will be responsible for conducting a broader gender situation and gender equality needs assessment and scoping of civil society organizations as well as the assessment of the institutional and technical development needs of the ministries of gender in three zones and the current support provided to them by various actors including UN agencies to meet these needs. The team will be expected to prepare a comprehensive report on the assessments with recommendations for planning and management of oinstitution/firming activities, possible new interventions on the priorities , as well as recommendations on the methods of delivering the interventions. The report should be structured clearly in separate sections (as independent reports) so that each assessment‘s findings and recommendations, and organizational details of the civil society organizations assessed are easy to be found in the document. The report should be accompanied by a synthesized summary of all findings and recommendations. The team will use the above mentioned report of the assessments to develop a programme proposal for institutional development and technical capacity building of the three ministries in the three zones in a phased manner. The program development will be done in close 23
  24. 24. consultation with the three ministries and the UN agencies willing to coordinate their activities or to join the initiative. The programme proposal will consist of but will not be limited to a narrative description, results based matrix, monitoring and evaluation plan and budget in an agreed format. The analysis in the report of these assessments should derive from as varied sources, including the programmes/assignments, statistical data obtained from various sources, policies, strategies and laws of the governments in the three zones; publications of reports by other organizations working in Somalia as well as independent academic/research publications. The Selected Offeror and the team constituted by them will be responsible for sourcing the documents and filing them for the records of and use by UNIFEM and other UN agencies. Methods to be used: The team constituted by the Selected Offeror will assess and prepare the reports, and develop the programme proposal on the basis of review of relevant published/unpublished documents, review of statistical data from sources such as SomInfo and as may be identified, consultations with the civil society, key government officials, relevant stakeholder groups, and information from any other source, as well as on field investigations of the INSTITUTION/FIRMs to be studied for scoping purposes. The team will work in close collaboration with all involved national, local and international organizations and UN agencies. The programme proposal for institutional development and technical capacity building of the three ministries in the three zones will have to be validated by the participating UN agencies and the ministries. Specific Tasks: The activities of the team constituted by the Selected Offeror include but are not limited to undertake and deliver the following: Broad Task Areas: 1. Provide leadership and coordination services to deliver the work envisaged in the scope of work; 2. Organize and conduct the entire delivery of tasks from the perspective of Harmonized Planning, Processing and Implementation; Gender Situation Analysis and Gender Equality Needs Assessment: 3. Conduct a broader gender situation and gender equality needs assessment to bring out the situation in terms of: a. The cultural, socio-economic, political, humanitarian and development context, b. Gender situation and gender equality needs from both practical and strategic terms in the following sectors: i. Economic security, participation and right including access to capital, land, property and other economic resources, technical and professional education, employment, entrepreneurship, macro 24
  25. 25. and micro-economic policies including those related to trade at various levels, budgeting processes, etc. ii. Violence against women (VAW) in all its manifestations — from the most universally prevalent forms of domestic and sexual violence, to harmful practices like female genital mutilation, abuse in IDP camps and during migration/displacement, intersection between VAW and HIV/AIDS, and other types of femicide; and oinstitution/firming efforts and ability to comply with the international (including CEDAW and UN Security Council Resolutions) and regional legal instruments obligations to prevent, eradicate and punish violence against women and girls. iii. Democratic governance including representation and participation in politics, decision-making and constitution and law formulation, public policy accountability to women and policies on gender equality, women in the governance institutions and other public sector institutions at the local and zonal levels. iv. Peace and security including women‘s role in conflict, impacts of conflict on their role and gender relations, inclusion/exclusion from peace processes and effect of these on women‘s wellbeing and livelihood and their ability to access basic needs and rights. c. Women and men specific needs not directly covered by any of the sectors but pertinent for promoting gender equality and in consonance with this consideration of needs and attempts being made by the UN agencies and the governments of the three zones in Somalia; Scoping of Civil Society Organizations: 4. Conduct a scoping study of civil society organizations with strong in-country presence in all or at least one of the three zones of Somalia, which can help implements interventions aimed to meet the identified gender equality needs in the three zones. The premises of the scoping will include: a. Collecting information about Civil Society Organizations from the Somali Support Secretariat and other sources to identify about 100 organizations that would be studied and building a database of about 30 short-listed Civil Society organizations. b. Identifying civil society organizations which can support short-term and long term sectoral interventions to address identified needs and women‘s empowerment. c. Identifying civil society organizations which have capacity or can fast develop capacity for mass communication for social change and policy advocacy on gender equality issues. d. Identifying civil society organizations with strong expertise in sharing information and knowledge, building mutual understanding, confidence and trust, and providing opportunity to community based organizations and faith based groups to support gender equality and women‘s empowerment. e. For the purpose of the above, the scoping study should look into the following: i. the Legal framework and how the Civil Society Organizations being studied comply with them in the target zones 25
  26. 26. ii. the institutional capacity including financial, logistics, human resources and general management capacity in terms of Actual based on what they have on the ground and Potential based on their ability to develop and overcome areas of concern iii. the programming capacity based on their Current Response – who is working on which issue(s), what is the nature of their assignments/programmes, who are their target people and groups, who are their donors, what level or planning, monitoring, implementation, evaluation and reporting capacity they have. iv. the Support needed by the shortlisted Civil Society Organizations – what strategic, programme and operations capacity building/development support should a development partner like UNIFEM provide, if they are chosen for a partnership v. the Opportunities for engagement – what work is being done by the shortlisted Civil Society Organizations to influence policy/legal formulation and implementation and what of that can be optimized through potential partnerships Institutional Development and Technical capacities Needs Assessment of Gender Machineries: 5. Conduct assessment of the institutional and technical capacities and gaps in the gender ministries of the three zones of Somalia, specifically but not limited to the following: a. Investigate the ministries‘ administrative mechanism and capacity to manage programmes, contracting, procurement and human resources including: i. Ability to prepare the terms of reference, shortlisting, request for proposals, and evaluation of proposals, monitor performance of consultants and staff ii. Ability to organize tendering, and bid/proposal evaluation, and manage and control contracting for procurements and consultants iii. Capacity to manage and control assets and finances including approval processes and checks and balances iv. Level of organizing of and clarity in the internal functions and roles v. Existence and efficiency and gender sensitiveness of the intra-ministerial policies and procedures b. Investigate the ministries‘ capacity for piloting; prepare instructions for the assignment stakeholders on implementation; monitor and evaluate assignments/programmes, specifically but not limited to the following: i. Technical skills and experiences within the ministries – sector-wise, planning, organizing implementation, monitoring and review ii. Practice and quality of documentation and reporting related to all areas of work iii. Ability to set teams and organize human resources to set up task teams and the like to clarify responsibilities and manage staff performance c. Investigate the ministries‘ oinstitution/firming activities to: i. Assess their relevance, strengths and weaknesses in line with their mandates and the identified gender equality and women‘s empowerment needs ii. Identify those activities which have relevance to their institutional development; 26
  27. 27. 6. Map the support of various agencies including UN to the three ministries of gender and clarify how they meet the institutional needs or the institution/firming institutional development activities of the ministries. Proposal for Institutional Development of Gender Machineries: 7. Based on the report of the assessments, develop a assignment proposal for institutional development and technical capacity building of the three ministries in the three zones in a phased manner, beginning from a zone(s) that will produce results fast to the one that will take longest time to deliver. The salient elements of the programme development process will be: d. The assignment will be of about two to three years duration e. It will be multi-agency and will be developed in close consultation with the three ministries and the UN agencies willing to coordinate their activities or to join the initiative. f. The assignment proposal will consist of but will not be limited to a narrative description of activities, results based matrix, monitoring and evaluation plan, annual work plan, budget, logic model of the proposed assignment, roll out plan and a process document Key Deliverables: Based on the above mentioned tasks the Selected Offeror will deliver the following Outputs: 1. An Inception Report detailing implementation plan of the above mentioned tasks to be submitted within a week of the commencement of the assignment; 2. An assignment completion report to UNIFEM of acceptable quality with specific section on the process followed to deliver the tasks to be submitted within seven days of the end of the contract; 3. Comprehensive report of the analysis and assessments discussed in the Specific Tasks. The reports will include the following: a. The gender situation analysis and gender equality needs assessment as outlined in the specific tasks and scope b. A database of 30 Civil Society Organizations shortlisted through the scoping study with the requisite information outlined in the Specific Tasks and about 10 page description of the process followed and list of the all the Civil Society Organizations studied as an annexure c. The findings of the assessment of the institutional and technical capacities and gaps in the gender ministries of the three zones of Somalia encompassing all the elements outlined in the Specific Tasks that includes the existing support provided to them. 4. Each report will have an executive summary that provides a snapshot of findings of each report. 5. PowerPoint presentations on the findings of each report; 27
  28. 28. 6. A proposal to be implemented by the UN participating UN agencies for institutional development and technical capacity building of the three ministries in the three zones and consisting of the following: a. a narrative description in an agreed format b. a results based matrix in an agreed format c. a assignment monitoring and evaluation plan with indicators, milestones, baseline, sources of verification, and anticipated assumptions, risks and mitigating measures d. an annual work plan in an agreed format e. a year wise budget in an agreed format f. a logic model of the proposed assignment g. a flow chart and description of management arrangements including funds disbursement and financial tracking h. a design of a performance monitoring system for the gender/women‘s ministries with definitive targets for the key functionaries and positions, target indicators and strategies that track, measure, document, and report progress in achieving the targets i. a programme roll out plan and check list of things to do towards the full implementation of the j. a process document that can be used for learning purposes in the future; Place of Assignment and Special Considerations: The assignment will be for 6 calendar months starting 15 March 2010 to 14 Sept 2010. The assignment will be based in Nairobi with long duration and/or frequent travel to the three zones of Somalia. UN security training is a key requirement for travelling to Somalia and will have to be undertaken by the team constituted by the Selected Offeror. Somali context requires considerable flexibility in organizing to meet the deadlines and it is expected that the Selected Offeror and their team will be committed to demonstrate the flexibility. All aspects of the assignment, including reporting, are to be delivered on the site (Nairobi and the three zones of Somalia). Qualifications UNIFEM requires the Selected Offeror to constitute a team of two key or principal experts, one expert in organization development, one in gender equality , one in gender and statistics and one in program development. The consultants will be expected to have considerable experience in multi-sectoral recovery and development. The consultant are required to have substantial competencies and work experience in public sector development and reform. The qualifications specified here include the requirements only the two key team members. Each Potential Offeror can include the CVs and justification including other experts who it would consult with to fully deliver the scope and tasks included in the ToR. Competencies required in Team Members: Core Competencies 1. Ability to help define and communicate the values, purposes and benefits of institutional development and organizational assessment. 2. Ability to promote the effective and ethical use of organization development principles, tools and good practices 28
  29. 29. 3. Ability to support and motivate the government functionaries and staff for enhanced institutional learning and individual professional development 4. Ability to engage a variety of stakeholders to exchange ideas and create dialogue on critical 5. Ability to demonstrate participatory and flexible leadership 6. Excellent capacity to contribute to equitable policies, principles and practices in governance institutions and organizations 7. Appreciation of the interconnectedness of systems 8. Understanding of the needs of inclusion of gender, people, ideas, perspectives and cultures Functional Competencies 1. Sound knowledge of participatory approaches to organizational change and management 2. Sound understanding of impact of institutional polices and practice on gender equality and women‘s empowerment 3. Good capacity to learn from experiences – old of new – and apply them to the task undertaken for improved delivery 4. Excellent ability to collect, collate, analyze and use information 5. Excellent ability to understand local and customary institutions and their influence on democratic institution development processes and results 6. Good ability to collaborate and forge partnership among stakeholders 7. Ability to create and environment of cooperation and support among colleagues 8. Ability to withstand a dynamic conflict/post conflict environment – physical and social – in order to plan and deliver timely 9. Ability to live and work in Somalia as may be required 10. Ability and willingness to work in a self-service environment and finding self-service solutions to replace need for secretarial assistance in daily work 11. Ability to be resourceful, use opportunities and act quickly 12. Ability and willingness to comply with rules, policies and procedures Academic Qualifications: Expert: Organization Development Master‘s, preferably PhD, in management, law, public policy, human rights, international development or related field. A certificate/course in gender equality or women‘s human rights is highly desirable. Expert: Gender Equality in recovery and development policy and programming Master‘s, preferably PhD, in gender and development studies, women‘s human rights, public policy and gender or related field with at a certificate/course in gender equality or women‘s human rights. In the absence of required academic qualifications, minimum 5 years of work in gender mainstreaming in public sector reforms or institutional development. 29
  30. 30. Skills and Experience: Expert: Organization Development 1. Minimum of 10 years of relevant professional experience in public sector Institutional development 2. Proven experience in conducting organizational functional reviews assessments/evaluations 3. Specific professional experience: a. Proven 5 years of experience in providing technical assistance for public sector institutional reform and organizational development policy and practice in a post-conflict/recovery country context b. Extensive knowledge and experience of working in and management of institutional changes including monitoring of such changes in public sector institutions or agencies c. Proven experience in public sector capacity building for improved organizational management and building improved organization of functions d. Knowledge of the Governance sector in the East African context is considered an asset 4. Excellent demonstrated negotiation and communication skills 5. At least 5 years of demonstrated experience in using logical and results based frameworks for planning and monitoring and evaluation purposes 6. Experience in designing and planning performance monitoring 7. Demonstrated experience in writing quality reports and proposals in reader/user friendly styles 8. Demonstrated skills in and experience of financial management and financial functions organizing 9. Good working knowledge of current information technology applications and office software Expert: Gender Equality in recovery and development policy and programming 1. Minimum of 10 years of relevant professional experience in gender mainstreaming in public sector Institutional development and/or public sector reforms 2. Proven experience in conducting gender equality needs assessments and gender equality strategy development 3. Minimum 5 years‘ of experience in providing consultations and technical assistance to the governmental authorities 4. Extensive knowledge of UN system approach to gender and human development 5. Demonstrated experience in gender analysis, policy analysis and the design of gender equality and institution development programmes/assignments and strategies 6. At least 5 years‘ of experience in using and a thorough understanding of logical and results based frameworks for planning and monitoring and evaluation purposes 7. Experience in strategizing for gender equity and the participation of women in multi sector recovery and development processes 8. Professional experience providing technical assistance to the government institutions for the promotion of gender equality 9. Practical experience in conflict/post conflict and recovery governance context essential 30
  31. 31. 10. Practical experience in Islamic context highly desirable 11. Excellent interpersonal skills and the proven ability to diplomatically handle cultural sensitivities with target audiences and a diverse range of government and local partners 12. Demonstrated experience in writing quality reports and proposals in reader/user friendly styles 13. Demonstrated skills in and experience of budgeting for gender equality 14. Good working knowledge of current information technology applications and office software 31
  32. 32. Annex IV PROPOSAL SUBMISSION FORM Dear Sir /Madam, Having examined the Solicitation Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide Professional polling and analysis services for the sum as may be ascertained in accordance with the Price Schedule attached herewith and made part of this Proposal. We undertake, if our Proposal is accepted, to commence and complete delivery of all services specified in the Agreement within the time frame stipulated. We agree to the terms and conditions laid down in the Request for Proposals by submitting this proposal. We accept that Proposal will be valid for a period of 120 days from the last date of the submission of the Proposals, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. We understand that you are not bound to accept any Proposal you may receive. Dated this day /month of year Signature (In the capacity of) Duly authorised to sign Proposal for and on behalf of 32
  33. 33. Annex V PRICE SCHEDULE The Offerer is asked to prepare the Price Schedule/Financial Proposal as a separate envelope from the rest of the RFP response as indicated in Section E paragraph 14 (b) of the Instruction to Offerors. All prices/rates quoted must be exclusive of all taxes, since the UNIFEM is exempt from taxes as detailed in Section II, Clause 18. The Price Schedule must provide a detailed cost breakdown. Provide separate figures for each functional grouping or category. Estimates for cost- reimbursable items, if any, such as travel, and out of pocket expenses should be listed separately. In case of an equipment component to the service provided, the Price Schedule should include figures for both purchase and lease/rent options. UNIFEM reserves the option to either lease/rent or purchase outright the equipment through the Selected Offerer. The format shown on the following pages should be used as a guide in preparing the price schedule. The format includes specific expenditures, which may or may not be required or applicable but are indicated to serve as examples. In addition to the hard copy, if possible please also provide the information on CD. Budget Plan and Expense Sheet (Leave the items or change the Budget heads and Line items that are not relevant) A B C D E Assignment/Service Number of Item Unit Cost Per Total Fees and Salalries Items (Specify (specify Unit cost of (Assignment related payments Units of state persons, the like fees or salaries to Lumpsum) month, pieces, Item consultants/staff) etc) 1 Expert on … 0 2 Expert on … 0 3 Any other researcher 0 (specify the role) … 4 Any other researcher 0 (specify the role) … Sub-total 33
  34. 34. Out of Pocket Number of Item Unit Cost Per Total Expenses Items (Specify (specify Unit cost of Units of state persons, the Lumpsum) month, pieces, Item etc) 5 International Travel (eg, 0 Home- Nairobi-Home) 6 Local travel 0 7 Per diem 0 8 Communication 0 Operating or Number of Item Unit Cost Per Total Administrative Costs Items (Specify (specify Unit cost of Units of state persons, the Lumpsum) month, pieces, Item etc) 9 Bank charges 0 10 Admin and logistics fees 0 11 Legal fees 0 Sub-total Research Activity Cost Number of Item Unit Cost Per Total (based on the proposed Items (Specify (specify Unit cost of methodology, identify and Units of state persons, the budget activities) Lumpsum) month, pieces, Item etc) 12 Focus group Venue and 0 refreshments 13 0 14 0 15 0 16 0 17 0 18 0 Sub-total Total Expenses 0 34