Communication Planning Strategy Development in the Pacific

Link to Atlas Project

00084701 - Regional Ridge to Reef- Pacific Island Countries (PICs)

Documents

RFP _Comunication Planning Strategy
Submission form_Comunication Planning Strategy

Overview

 

 

 

 

 

REQUEST FOR PROPOSAL (RFP)

 

 

NAME & ADDRESS OF FIRM

 

 

DATE: March 10, 2017

 

REFERENCE: RFP/FJI10-003-17

 

 

Dear Sir / Madam:

 

 

We kindly request you to submit your Proposal for Communication Planning Strategy Development in the Pacific.

 

Please be guided by the form attached hereto as Annex 2, in preparing your Proposal. 

 

Proposals may be submitted on or before Friday, March 24, 2017and via email, courier mail or fax to the address below:

 

United Nations Development Programme

Level 8, Kadavu House Suva, Fiji

 Vimal Pillay

Procurement.fj@undp.org

                Your Proposal must be expressed in the English, and valid for a minimum period of 120 days

 

In the course of preparing your Proposal, it shall remain your responsibility to ensure that it reaches the address above on or before the deadline.  Proposals that are received by UNDP after the deadline indicated above, for whatever reason, shall not be considered for evaluation.  If you are submitting your Proposal by email, kindly ensure that they are signed and in the .pdf format, and free from any virus or corrupted files.

               

Services proposed shall be reviewed and evaluated based on completeness and compliance of the Proposal and responsiveness with the requirements of the RFP and all other annexes providing details of UNDP requirements.  

 

The Proposal that complies with all of the requirements, meets all the evaluation criteria and offers the best value for money shall be selected and awarded the contract.  Any offer that does not meet the requirements shall be rejected.

 

Any discrepancy between the unit price and the total price shall be re-computed by UNDP, and the unit price shall prevail and the total price shall be corrected.  If the Service Provider does not accept the final price based on UNDP’s re-computation and correction of errors, its Proposal will be rejected. 

 

No price variation due to escalation, inflation, fluctuation in exchange rates, or any other market factors shall be accepted by UNDP after it has received the Proposal.   At the time of Award of Contract or Purchase Order, UNDP reserves the right to vary (increase or decrease) the quantity of services and/or goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit price or other terms and conditions. 

 

Any Contract or Purchase Order that will be issued as a result of this RFP shall be subject to the General Terms and Conditions attached hereto.  The mere act of submission of a Proposal implies that the Service Provider accepts without question the General Terms and Conditions of UNDP, herein attached as Annex 3.

 

Please be advised that UNDP is not bound to accept any Proposal, nor award a contract or Purchase Order, nor be responsible for any costs associated with a Service Providers preparation and submission of a Proposal, regardless of the outcome or the manner of conducting the selection process.

 

                UNDP’s vendor protest procedure is intended to afford an opportunity to appeal for persons or firms not awarded a Purchase Order or Contract in a competitive procurement process.  In the event that you believe you have not been fairly treated, you can find detailed information about vendor protest procedures in the following link:

http://www.undp.org/content/undp/en/home/operations/procurement/protestandsanctions/

 

            UNDP encourages every prospective Service Provider to prevent and avoid conflicts of interest, by disclosing to UNDP if you, or any of your affiliates or personnel, were involved in the preparation of the requirements, design, cost estimates, and other information used in this RFP. 

 

UNDP implements a zero tolerance on fraud and other proscribed practices, and is committed to preventing, identifying and addressing all such acts and practices against UNDP, as well as third parties involved in UNDP activities.  UNDP expects its Service Providers to adhere to the UN Supplier Code of Conduct found in this link : http://www.un.org/depts/ptd/pdf/conduct_english.pdf

 

Thank you and we look forward to receiving your Proposal.

Sincerely yours,

 

Ronald Kumar

                                                                                                   Team Leader, Procurement & Travel Services

3/10/2017

 

Annex 1

 

 

Description of Requirements

 

 

Context of the Requirement

 

Communication Planning Strategy Development in the Pacific

Implementing Partner of UNDP

Government Partners in Nauru & Vanuatu

 

Brief Description of the Required Services[1]

 

UNDP is seeking for a service provider and partner to incubate some of the good communication and awareness raising practices using various knowledge management products through our existing projects and technical support in the region

List and Description of Expected Outputs to be Delivered

 

The service provider through this work will be expected to formulate a Communication Strategy and Action Plan that will help in create awareness of key concepts relating to ridge to reef management and climate change adaptation to be able to influence behavioural changes across multiple stakeholders in Vanuatu and Nauru (communities, government, private sectors etc) under the guidance of the Project Management Units (PMU).

 

The service provider will also be expected to

•             Conduct training of trainers with key stakeholders that will be ambassadors of ridge to reef/climate change adaptation and will be facilitating the implementation of key prioritised communication action plan. 

•             Assist in the implementation of at least 1-2 key activities identified from the communication action plan based on the country’s preferences.

 

Target countries identified for this work will include Nauru under the Nauru Ridge to Reef Project and Vanuatu under the Vanuatu Adaptation to Climate Change Project

 

Person to Supervise the Work/Performance of the Service Provider

 

  • Work directly under the supervision of project management unit located in each of the country
  • Deliverables to be reported both to UNDP and PMU in each country

Frequency of Reporting

Reporting will be conducted based on deliverables for each country. We will expect 5 reporting each for work in Vanuatu and Nauru 

Progress Reporting Requirements

Progress reporting is expected after each travel to the designated country of work. The consultant will be required to provide a workplan outlining details of activities to conduct as per expected deliverable before travel and a progress report after travel detailing achievements and follow up. Evidence of work must be supported with the report.   

 

 

Location of work

60 days in total for Nauru and Vanuatu (30 days each) and 80 days home-based (40 days each)

 

Expected duration of work

12 months

Target start date

April 2017

Latest completion date

April 2018

 

Travels Expected

At least three - four travel is expected for each country so a total of 8 travel. More than 4 travel can be negotiated and must obtain approval of both government and the implementing partner. 

 

 

Special Security Requirements

 

N/A

 

Facilities to be Provided by UNDP (i.e., must be excluded from Price Proposal)

 

☒ Office space and facilities

 

Implementation Schedule indicating breakdown and timing of activities/sub-activities

 

☒ Required

 

Names and curriculum vitae of individuals who will be involved in completing the services

 

☒ Required

 

 

Currency of Proposal

 

☒ United States Dollars

☒ Local Currency FJD

Value Added Tax on Price Proposal[2]

☒ must be inclusive of VAT and other applicable indirect taxes

 

 

Validity Period of Proposals (Counting for the last day of submission of quotes)

 

       

☒ 120 days

 

In exceptional circumstances, UNDP may request the Proposer to extend the validity of the Proposal beyond what has been initially indicated in this RFP.   The Proposal shall then confirm the extension in writing, without any modification whatsoever on the Proposal. 

 

Partial Quotes

 

☒ Not permitted

 

 

Payment Terms[3]

 

Condition for Payment Release

 

Within thirty (30) days from the date of meeting the following conditions:

  1. UNDP’s written acceptance (i.e., not mere receipt) of the quality of the outputs; and
  2. Receipt of invoice from the Service Provider.
 
 
 
 
 

 

Person(s) to review/inspect/ approve outputs/completed services and authorize the disbursement of payment

 

RSD Project Manager

 

Type of Contract to be Signed

 

☒ Institutional Contract OR

☒ Contract for Professional Services

 

 

Criteria for Contract Award

☒ Highest Combined Score  (based on the 70% technical offer  and 30% price weight distribution)

☒ Full acceptance of the UNDP Contract General Terms and Conditions (GTC).  This is a mandatory criteria and cannot be deleted regardless of the nature of services required.  Non acceptance of the GTC may be grounds for the rejection of the Proposal.

 

Criteria for the Assessment of Proposal

 

Technical Proposal (70%)

☒ Expertise of the Firm [indicate percentage]

☒ Methodology, Its Appropriateness to the Condition and Timeliness of the Implementation Plan [indicate percentage]

☒ Management Structure and Qualification of Key Personnel [indicate percentage]

Expertise of the firm / organization: (30%)

  • Valid business or NGO registration
  • 5 years of experience working in the Pacific Region on community awareness and communication in the area of climate change or ridge to reef
  • Evidence of developed knowledge management products that focuses on the work required
  • 5 years of experience working with NGOs, regional organization, communities and/or other development partners

 

Proposed Methodology, Approach and Implementation Plan (50%)

  • Capacity to conduct training in the identified countries

 

Personnel (20%)

  • At least 2-3 staff available to provide in country and out of country support throughout the year.  One of which will be the Team Leader / Focal Point

Qualification of the Team Leader:

  • Minimum 5 years’ experience in the field of environmental conservation communication
  • Experience in developing environmental community outreach products designed. Evidence of products developed must be submitted with application.
  • Evidence of ability to plan and execute a deliberate and sustained a communication strategy
  • Extensive knowledge of the working with local communities, NGOs, government and private sectors
  • Extensive experience in training of trainers and development of training manuals.
  • Excellent knowledge (skills in writing, speaking) of English and familiarity in the use of Pacific language

Qualification of the Team Member

  • High school diploma or higher
  • At least 3 experience working in the Asia-Pacific Region in the area conducting similar work
  • Good written and spoken English

 

 

Expression of interest to be accompanied by financial proposal and methodology in achieving the deliverables identified. Copies of work should be submitted.

 

Financial Proposal (30%)

To be computed as a ratio of the Proposal’s offer to the lowest price among the proposals received by UNDP.

 

 

UNDP will award the contract to:

 

☒ One and only one Service Provider

 

 

Annexes to this RFP[4]

 

☒ Form for Submission of Proposal (Annex 2)

☒ General Terms and Conditions / Special Conditions (Annex 3)[5]

☒ Detailed TOR

 

 

Contact Person for Inquiries

(Written inquiries only)[6]

 

Vimal Pillay

 Procurement Associate

Procurement.fj@ undp.org

Any delay in UNDP’s response shall be not used as a reason for extending the deadline for submission, unless UNDP determines that such an extension is necessary and communicates a new deadline to the Proposers.

 

Other Information [pls. specify]

 

 

 

Annex 2

 

FORM FOR SUBMITTING SERVICE PROVIDER’S  PROPOSAL[7]

 

(This Form must be submitted only using the Service Provider’s Official Letterhead/Stationery[8])

 

 

 [insert: Location].

[insert: Date]

 

To:          [insert: Name and Address of UNDP focal point]

 

Dear Sir/Madam:

 

We, the undersigned, hereby offer to render the following services to UNDP in conformity with the requirements defined in the RFP dated [specify date] , and all of its attachments, as well as the provisions of the UNDP General Contract Terms and Conditions :

 

  1. Qualifications of the Service Provider

     

 

The Service Provider must describe and explain how and why they are the best entity that can deliver the requirements of UNDP by indicating the following :

 

  1. Profile – describing the nature of business, field of expertise, licenses, certifications, accreditations;
  2. Business Licenses – Registration Papers, Tax Payment Certification, etc.
  3. Latest Audited Financial Statement – income statement and balance sheet to indicate Its financial stability, liquidity, credit standing, and market reputation, etc. ;
  4. Track Record – list of clients for similar services as those required by UNDP, indicating description of contract scope, contract duration, contract value, contact references;
  5. Certificates and Accreditation – including Quality Certificates, Patent Registrations, Environmental Sustainability Certificates, etc. 
  6. Written Self-Declaration that the company is not in the UN Security Council 1267/1989 List, UN Procurement Division List or Other UN Ineligibility List.

 

 

  1. Proposed Methodology for the Completion of Services

 

 

The Service Provider must describe how it will address/deliver the demands of the RFP; providing a detailed description of the essential performance characteristics, reporting conditions and quality assurance mechanisms that will be put in place, while demonstrating that the proposed methodology will be appropriate to the local conditions and context of the work.

 

 

  1. Qualifications of Key Personnel

     

 

If required by the RFP, the Service Provider must provide:

 

  1. Names and qualifications of the key personnel that will perform the services indicating who is Team Leader, who are supporting, etc.;
  2. CVs demonstrating qualifications must be submitted if required by the RFP; and
  3. Written confirmation from each personnel that they are available for the entire duration of the contract.

 

 

  1. Cost Breakdown per Deliverable*

 

 

Deliverables

[list them as referred to in the RFP]

Percentage of Total Price (Weight for payment)

Price

(Lump Sum, All Inclusive)

1

 

  

 

2

 

 

 

3

….

 

 

 

Total

100%

 

*This shall be the basis of the payment tranches

 

  1. Cost Breakdown by Cost Component[This is only an Example]:

Description of Activity

Remuneration per Unit of Time

Total Period of Engagement

No. of Personnel

Total Rate

I. Personnel Services

 

 

 

 

Professional fee for staff

 

 

 

 

II. Related Costs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. Administrative costs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Name and Signature of the Service Provider’s Authorized Person]

[Designation]

[Date]

 

 

 

 

 

 

 

 

Annex 3

 

 

General Terms and Conditions for Services

 

 

1.0          LEGAL STATUS:

 

The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis the United Nations Development Programme (UNDP).  The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNDP or the United Nations.

 

2.0          SOURCE OF INSTRUCTIONS:

 

The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its services under this Contract.  The Contractor shall refrain from any action that may adversely affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNDP.

 

3.0          CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES:

 

The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.

 

4.0          ASSIGNMENT:

 

The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of UNDP.

 

5.0          SUB-CONTRACTING:

 

In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of UNDP for all sub-contractors.  The approval of UNDP of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.

 

6.0          OFFICIALS NOT TO BENEFIT:

 

The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof.  The Contractor agrees that breach of this provision is a breach of an essential term of this Contract.

 

7.0          INDEMNIFICATION:

 

The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, 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 Contractor, or the Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract.  This provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors.  The obligations under this Article do not lapse upon termination of this Contract.

 

8.0          INSURANCE AND LIABILITIES TO THIRD PARTIES:

 

8.1        The Contractor shall provide and thereafter maintain insurance against all risks in  respect of its property and any equipment used for the execution of this Contract.

 

8.2        The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Contract.

 

8.3        The Contractor 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 Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract.

 

8.4        Except for the workmen's compensation insurance, the insurance policies under this Article shall:

 

8.4.1  Name UNDP as additional insured;

8.4.2  Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the UNDP;

8.4.3  Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.

8.5      The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the insurance required under this Article.

 

9.0          ENCUMBRANCES/LIENS:

 

The Contractor 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 the UNDP against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor.

 

10.0        TITLE TO EQUIPMENT:

 

Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear.  The Contractor shall be liable to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear and tear.

 

11.0        COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS:

 

11.1        Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to all intellectual property and other proprietary rights including, but not limited to, patents, copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or documents and other materials which the Contractor has developed for the UNDP under the Contract and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for the UNDP.

 

11.2        To the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, the UNDP does not and shall not claim any ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract.

 

11.3        At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to the UNDP in compliance with the requirements of the applicable law and of the Contract.

 

11.4        Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents, and all other data compiled by or received by the Contractor under the Contract shall be the property of the UNDP, shall be made available for use or inspection by the UNDP at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to UNDP authorized officials on completion of work under the Contract.

 

12.0        USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS:

 

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE United Nations, or any abbreviation of the name of UNDP or United Nations in connection with its business or otherwise.

 

13.0        CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: 

 

Information and data that is considered proprietary by either Party and that is delivered or disclosed by one Party (“Discloser”) to the other Party (“Recipient”) during the course of performance of the Contract, and that is designated as confidential (“Information”), shall be held in confidence by that Party and shall be handled as follows:

 

13.1        The recipient (“Recipient”) of such information shall:

 

13.1.1    use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate; and,

13.1.2    use the Discloser’s Information solely for the purpose for which it was disclosed.

 

13.2        Provided that the Recipient has a written agreement with the following persons or entities requiring them to treat the Information confidential in accordance with the Contract and this Article 13, the Recipient may disclose Information to:

 

13.2.1    any other party with the Discloser’s prior written consent; and,

13.2.2    the Recipient’s employees, officials, representatives and agents who have a need to know such Information for purposes of performing obligations under the Contract, and employees officials, representatives and agents of any legal entity that it controls controls it, or with which it is under common control, who have a need to know such Information for purposes of performing obligations under the Contract, provided that, for these purposes a controlled legal entity means:

 

13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly, over fifty percent (50%) of voting shares thereof; or,

13.2.2.2 any entity over which the Party exercises effective managerial control; or,

13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.

 

13.3        The Contractor may disclose Information to the extent required by law, provided that, subject to and without any waiver of the privileges and immunities of the United Nations, the Contractor will give the UNDP sufficient prior notice of a request for the disclosure of Information in order to allow the UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made.

 

13.4        The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN, resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General.

 

13.5        The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder.

 

13.6        These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract.

 

14.0        FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

 

14.1        In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract.  The Contractor shall also notify the UNDP of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the UNDP shall take such action as, in its sole discretion; it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under this Contract. 

 

14.2        If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, the UNDP shall have the right to suspend or terminate this Contract 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.

 

14.3        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.

 

14.4        The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in or for any areas in which the UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract..

 

15.0        TERMINATION

 

15.1        Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party.  The initiation of arbitral proceedings in accordance with Article 16.2 (“Arbitration”), below, shall not be deemed a termination of this Contract.

 

15.2        UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.

 

15.3        In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract.

 

15.4        Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, the UNDP may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith.  The Contractor shall immediately inform the UNDP of the occurrence of any of the above events.

 

16.0        SETTLEMENT OF DISPUTES

 

16.1        Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract 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: Any dispute, controversy, or claim between the Parties arising out of the Contract or the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above, within sixty (60) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining.  The decisions of the arbitral tribunal shall be based on general principles of international commercial law.  For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition.  The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”) and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules.  The arbitral tribunal shall have no authority to award punitive damages.  In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only.  The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.

 

17.0        PRIVILEGES AND IMMUNITIES:

 

Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.

 

18.0        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 the 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 the UNDP before the payment thereof and the 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 the UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.

 

19.0        CHILD LABOUR

 

19.1        The Contractor 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 UNDP to terminate this Contract immediately upon    notice to the Contractor, at no cost to UNDP.

 

 

20.0        MINES:

 

20.1        The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. 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 UNDP to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNDP.

 

21.0        OBSERVANCE OF THE LAW:

 

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract.

 

22.0        SEXUAL EXPLOITATION:

 

22.1        The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor to perform any services under the Contract.  For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and abuse of such person.  In addition, the Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person.  The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind.

 

22.2        The UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract.

 

  1. AUTHORITY TO MODIFY:

     

    Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the authority to agree on behalf of UNDP to any modification of or change in this Contract, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an amendment to this Contract signed by the Contractor and jointly by the UNDP Authorized Official.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    ANNEX 4

    Terms of Reference

     

Title: Communication Planning Strategy Development in the Pacific

Projects financing the partnership:

 

For 2017

Adaptation to Climate Change in the Coastal Zone in Vanuatu (VCAP)

Implementing a “Ridge to Reef” approach to protect biodiversity and ecosystem functions in Nauru (R2R Nauru)

Modality: NIM Service Contract (Direct Contracting)

Duration:

  • Period: 12-month period (to be extended at no cost based on performance)
  • Tentative Start Date: April 2016

 

1. Rationale and Objective:

 

Evidence and results based management is the center of UNDP’s work in supporting our government partners to enhance sustainable development and resilience across the globe and in the Pacific region.  In this context, UNDP, together with our government partners and regional agencies, is looking to improve data and information sharing on biodiversity conservation and land, coastal and marine management best practices through our various projects and programs under implementation and development.

 

UNDP is also working in the Pacific region to increase awareness and ownership of communities and government on environment and climate change related activities. Through the ridge to reef and climate change projects, UNDP is helping create a better understanding on the significance of biodiversity conservation, ecosystem based management, sustainable land management etc to local communities to allow them to make well informed decisions on various management practices.

 

The use of various knowledge management product is important to UNDP/GEF funded projects to help improve awareness, communication and education to key stakeholders while also ensuring that the experiences and results of our various projects achievements, impacts, lesson learnt etc.  are properly captured and disseminated. Creating knowledge products in print and broadcast modes that can be delivered through training have large potential to enhance information sharing and learning that could result more in changing behaviour and mindsets of various users.

 

2. Scope of Work:

 

In order to achieve above, UNDP is seeking for a service provider and partner to incubate some of the good communication and awareness raising practices using various knowledge management products through our existing projects and technical support in the region.  Based on lessons learned from the initial year-long trial period, we seek to potentially engage in a more integrated, comprehensive regional strategy for the coming years.

 

The service provider through this work will be expected to formulate a Communication Strategy and Action Plan that will help in create awareness of key concepts relating to ridge to reef management and climate change adaptation to be able to influence behavioural changes across multiple stakeholders in Vanuatu and Nauru (communities, government, private sectors etc) under the guidance of the Project Management Units (PMU).

 

The service provider will also be expected to

•             Conduct training of trainers with key stakeholders that will be ambassadors of ridge to reef/climate change adaptation and will be facilitating the implementation of key prioritised communication action plan. 

•             Assist in the implementation of at least 1-2 key activities identified from the communication action plan based on the country’s preferences.

 

Target countries identified for this work will include Nauru under the Nauru Ridge to Reef Project and Vanuatu under the Vanuatu Adaptation to Climate Change Project.

 

Nauru Ridge to Reef

The Nauru Ridge to Reef (R2R) UND/GEF Project is designed to develop, establish and implement a government and community partnership approach to increase knowledge for better management of natural resources and ecosystem services for the entire Island of Nauru (South Pacific) through innovative integrated land, water, biodiversity, coastal and marine management approaches thereby protecting and increasing livelihoods opportunities, food security, and enhancing climate resilience. These goals will be achieved by building Nauru’s capacity to implement a comprehensive cross sectorial regime for sustainable land, freshwater water, solid waste, coastal and marine area management and ensuring the initiatives are mainstreamed and established into all levels of decision making including government policy, laws and regulations and community plans.

 

This project is designed to build stronger linkages between sustainable development and management of freshwater ecosystems (e.g. ground water systems for Nauru) and coastal/marine areas and promotes the implementation of holistic, integrated management of the nation’s natural resources. The R2R Nauru Project will deliver its community outputs through the development of pilot sites located in five (5) districts of Nauru, which include; Ananbar, Anibare, Ijuw, Menen and Buada (exclusive of  LMMA development however support the initiative).

 

Vanuatu Adaptation to Climate Change (VCAP)

The V-CAP UNDP/GEF Project is designed to improve the resilience of the coastal zone in Vanuatu to the impacts of climate change in order to sustain livelihoods, food production and preserve/improve the quality of life in targeted vulnerable areas. Six sites have been selected that focuses on various interventions relating to marine, coastline, freshwater and upland resource management, early warning systems and infrastructure improvements to increase community adaptation capacity.

 

The service provider will be expected to conduct the following activities for both countries:

 

  1.  Develop a communication strategy that will guide the implementation of the Nauru R2R and VCAP project. The strategy should ensure that key project partners and stakeholders are consulted in the development of the strategy. Prior to the development of the strategy the consultant must ensure that a situation analysis, audience analysis and project analysis has been conducted.
  2. From the strategy, develop a more focused communication action plan for the duration of the project. The plan should also have a monitoring and evaluation checklist to be able to measure effectiveness of the actions when they are implemented. The checklist should also be linked to the targets and indicators identified in the project results-based log frame.    
  3. Based on the above (2), conduct a training of trainers to lead the implementation of at least 1-2 prioritized communication actions/activities and while also developing at least 1 communication product for each activity.    
  4. Provide mentoring support to the trainers over the implementation of the key action activities.

 

 

Deliverables and their allocated timeframe

 

Deliverables for Nauru (70 days)

 

  1. Development of a final Nauru R2R Communication Strategy
  1. days
  1. Development of a final Nauru R2R communication Action Plan and Monitoring and Evaluation Checklist
  1. days
  1. Conduct a Training of Trainers workshop to be able to lead the implementation of at least 3 prioritized communication actions/activities and develop 1-2 of its associated communication product.
  1. days
  1. Mentoring support towards the trainers

5 days

 

Deliverables for Vanuatu (70 days)

 

  1. Development of a final VCAP Communication Strategy
  1. days
  1. Development of a final VCAP communication Action Plan and Monitoring and Evaluation Checklist
  1. days
  1. Conduct a Training of Trainers workshop to be able to lead the implementation of at least 3 prioritized communication actions/activities and develop 1-2 of its associated communication product.
  1. days
  1. Mentoring support towards the trainers

5 days

 

 

Resources Provided

  • Project will provide in-country working space and transportation

 

Supervision/Reporting

  • Work directly under the supervision of project management unit located in each of the country

  • Deliverables to be reported both to UNDP and PMU in each country

 

 

Reporting language

English

 

Requirement for Qualifications, Skills & Experience of the Company / Organization

 

Expertise of the firm / organization: (30%)

  • Valid business or NGO registration

  • 5 years of experience working in the Pacific Region on community awareness and communication in the area of climate change or ridge to reef

  • Evidence of developed knowledge management products that focuses on the work req