This document sets out the application procedure and the Terms of Reference for the above assignment.

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1 REQUEST FOR CONSULTANTS QUALIFICATIONS FOR DESIGN AND SPECIFICATION OF A RADIO COMMUNICATION NETWORK AND A VEHICLE/EQUIPMENT TRACKING SYSTEM FOR THE ETOSHA NATIONAL PARK MCAN/COM/RCQ/2A02005 MCA Namibia (MCA-N) requires the services of an individual consultant, or a consulting firm for the services of a specific consultant, (hereinafter referred to as the Consultant ) to provide the following services: Summary of Services The overall objective of this consultancy is to provide recommendations on what will be required for the development, improvement and maintenance of a more effective and reliable radio communication network and vehicle and road maintenance equipment tracking system throughout the ENP in general and along the Galton Gate Route. This document sets out the application procedure and the Terms of Reference for the above assignment. Anticipated Start Date: 01 October 2012 Completion Date: 12 November 2012 Application Procedure and Selection Before applying, interested Consultants shall review the Terms of Reference (Attachment 2), which provides a detailed description of the assignment and the qualifications and experience required of the Consultant. Interested Consultants shall send their responses, which shall include an Expression of Interest (EOI) to be considered for the assignment including the date of availability, up-todate CV demonstrating that the Consultant fulfils the minimum requirements described in the TOR, contact details (i.e., address, telephone and fax numbers, address, website, etc.), at least three references that can comment on the Consultant s related work experience, and any other relevant information. The selection shall be carried out in accordance with the procedures for Selection based on the Consultants Qualifications method set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement Rules (see the Procurement page on website for the Procurement Rules). The selected Consultant will be requested to submit combined technical and financial proposals for the assignment, which, together with the Consultant s

2 EOI and the attached Form of Contract (Attachment 3), will be used for the negotiation of a fixed-price contract between the Consultant and MCA Namibia. Interested Consultants shall submit their responses in the standard MCA-N EOI format (Attachment 1) to: The Procurement Manager, MCA Namibia, Atlas House, 3 rd Floor Room Sam Nujoma Drive Windhoek, Namibia Alternatively they can send their responses electronically to the following address: hshikongo@mcanamibia.org Deadline for the submission of responses: 13h00 on 20 September

3 Attachment 1: Expression of Interest Forms [Location, Date] Mr. Johann Botha Director Procurement MCA Namibia Expression of Interest: Form 1 Dear Sir, Re: DESIGN AND SPECIFICATION OF A RADIO COMMUNICATION NETWORK AND A VEHICLE/EQUIPMENT TRACKING SYSTEM FOR THE ETOSHA NATIONAL PARK MCAN/COM/RCQ/2A02005 I, the undersigned, offer to provide the consulting services for the abovementioned assignment in accordance with your Request for Consultant s Qualifications dated [Insert Date] and this Expression of Interest. I hereby submit my Expression of Interest, which will be open for acceptance for a period of 30 (thirty) days. I hereby declare that all the information and statements made in this Expression of Interest are true and accept that any misrepresentation contained in it may lead to my disqualification. If negotiations are held during the initial period of validity of the Expression of Interest, I undertake to negotiate on the basis of the availability of the proposed team members for the assignment. My Expression of Interest is binding upon myself and subject to the modifications resulting from Contract negotiations, and I undertake, if my proposal is accepted, to initiate the consulting services related to the assignment not later than [insert the date on which you will be available to commence with the assignment] I understand you are not bound to accept any proposal that you may receive. Yours sincerely, Name and title of Signatory Address of Consultant 3

4 Attachment 1: Expression of Interest Forms Expression of Interest: Form 2 Team Composition and Task Assignments Not Used 4

5 Attachment 1: Expression of Interest Forms 1. Name [Insert full name] 2. Date of Birth [Insert birth date] 3. Nationality [Insert nationality] Expression of Interest: Form 3 Curriculum Vitae (CV) 4. Education [Indicate college/university and other specialized education, giving names of institutions, degrees obtained, and dates of obtainment]. 5. Membership in Professional Associations 6. Other Training [Indicate appropriate postgraduate and other training] 7. Countries of Work Experience [List countries where the consultant has worked in the last ten years] 8. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing] Language Speaking Reading Writing 9. Employment Record [Starting with present position, list in reverse order every employment held by the consultant since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.] From [year]: To [year]: Employer: Position(s) held: 10. Work undertaken that best illustrates capability to handle the tasks assigned: [Among the assignments in which the consultant has been involved, indicate the following information for those assignments that best illustrate his/her capability to handle the tasks listed in the TOR] Name of assignment or project: Year Location: Client: Main project features: 5

6 Attachment 1: Expression of Interest Forms Position held: Activities performed: 11. References: [List at least three individual references with substantial knowledge of your work. Include each reference s name, title, phone and contact information. MCA Namibia reserves the right to contact other sources as well as to check references, in particular for performance on any relevant MCC-funded projects.] 12. Task assigned for this consultancy: Not Used 13. Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications, and my experience. I understand that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged. I, the undersigned, hereby declare that I agree to participate in the above-mentioned assignment. I further declare that I am able and willing to work for the period foreseen in the above referenced Request for Consultant's Qualifications. Signature Date 6

7 Attachment 2: Terms of Reference TERMS OF REFERENCE Design and Specification of a Radio Communication Network and a Vehicle/Equipment Tracking System for the Etosha National Park 1. Background The United States of America, acting through the Millennium Challenge Corporation ( MCC ) and the Republic of Namibia (the Government ) have entered into a Millennium Challenge Compact (the Compact ) for Millennium Challenge Account Namibia (MCA-N) assistance to help facilitate poverty reduction through economic growth in Namibia on July 28, A component of this assistance is the MCA-N Tourism Project which has the objective to grow the Namibian tourism industry. As one of the means to achieve this objective, MCA-N has made a commitment to support the Ministry of Environment and Tourism (MET) with the implementation of a series of interventions aimed at improving the infrastructure and management capacity of Etosha National Park (ENP) and position this Park to be more competitive in the regional ecotourism market. One such required intervention is an upgrade/expansion the Park s radio communication network generally and along the Galton Gate Route in western ENP. This need has arisen from the planned opening up of the Galton Gate Route to self drive tourists in the near future. This demands the implementation of more effective tourist safety checks and control measures along the Galton Gate Route. The upgraded/expanded Park radio communication network will also enhance the conservation efforts of rare and common game in ENP and improve radio communication s coverage over the entire Park. 2. Objective/Scope The overall objective of this consultancy is to provide recommendations on what will be required for the development, improvement and maintenance of a more effective and reliable radio communication network and vehicle and road maintenance equipment tracking system throughout the ENP in general and along the Galton Gate Route in particular to facilitate improved: a. Park entry and exit control b. Management of tourist safety and behavior c. Wildlife safety d. Human/wildlife conflict management e. Fence and road maintenance f. Fire management g. Co-ordination/co-operation between MET and Namibia Wildlife Resorts (NWR) activities h. Conservancy Concession management i. Vehicle and road maintenance equipment tracking and location. 1

8 Attachment 2: Terms of Reference 3. Approach In addition to the objectives and scope of this assignment as outlined above, the Consultant shall be guided by best practices in radio and satellite communication systems generally and in Protected Areas in particular. The consultant shall also be required to adopt the following approach: a. A consultative/participative approach, inclusive of one-on-one interviews, meetings, circulation of draft reports and feedback sessions as may be required. b. Ensure close cooperation and consultation with ENP Deputy Director, Chief Control Warden, Chief Wardens and Wardens to gain understanding and acceptance ( buy in ) of the ENP Deputy Director and his management team c. Optimize the use of existing ENP repeater stations, base stations, equipment, hardware/software as well as systems and procedures wherever appropriate/possible d. Take cognizance of radio communication challenges and lessons learnt in Protected Areas elsewhere in southern Africa 4. Methodology/Activities The consultant shall be required to adopt, inter alia, the following methodology and activities: a. Undertake a desk top study of all prior reports and recommendations submitted to MET by previous consultants and/or radio communication firms b. Undertake a situation analysis of the prevailing radio communications capacity at ENP including, inter alia, the following: i. Repeater stations - with particular attention given to the recently installed stations that are not functioning effectively ii. Base stations iii. Vehicle fitted and hand held radios iv. Spare radio batteries and battery chargers v. Radio channels in operation and links with the channels of other users e.g. NWR lodges, neighbors, tour operators etc vi. Security and confidentiality/privacy of channels vii. Skills of radio users/operators viii. In-house radio maintenance, servicing and repair skills ix. Makes, models, age, state of repair etc of all existing radio communication equipment, hardware and software etc c. Prior to undertaking the above desk top study and situation analysis: i. Meet with the ENP Deputy Director and his management team for a full briefing on previous work done and particular concerns to be addressed in the situation analysis ii. Obtain the names of sites with repeater stations and envisaged future stations on a map with travel distances between these stations d. From the results of the situation analysis undertake a needs analysis with due regard to points listed in 4.b above and any other issues identified during the desk top and situation analyses. 5. Deliverables The consultant shall be required to submit the following deliverables: a. Inception Report demonstrating the following: i. understanding of the Terms of Reference; and ii. detailed account of the approach, methodology, scheduling of activities and time frames 2

9 Attachment 2: Terms of Reference b. Interim Reports at: i. conclusion of desk top study; and ii. conclusion of situation analysis c. Final Consolidated Report containing: i. findings of the desk top study; ii. findings of the situation analysis; iii. needs analysis and related recommendations e.g. recommended upgrades, replacements, repairs, new installations, procurements, after service strategy, maintenance plans, back-up service, training, operating systems and procedures, linkages with other networks, operating code of conduct and protocols for both the radio communications and vehicle/road maintenance equipment tracking systems; and iv. designs, specifications and cost estimates that can serve as the basis for initiating a process (including the compilation of a tender/quotation document) for the procurement of a firm or firms for implementing the above recommendations. 6. Reporting and Timeframe The consultant will report to the ENP Deputy Director and the MCA-N Director for Tourism. The commencement of this assignment is scheduled for 01 October 2012 and the completion scheduled for 12 November Required Consultant A person or firm is required that has proven technical expertise and experience in the development and maintenance of radio communication networks. Proven experience in the development and maintenance of radio communication networks for large protected areas in remote areas would be highly desirable. 3

10 Attachment 3: Contract Form CONTRACT FORM MILLENNIUM CHALLENGE ACCOUNT NAMIBIA CONTRACT FOR INDIVIDUAL CONSULTANT SERVICES MCAN/COM/RCQ/[ ] This contract for independent consultant services (the Contract ) is made as of [insert date] by the Chief Executive Officer of the Millennium Challenge Account Namibia ("MCA-N") acting on behalf of the Government of the Republic of Namibia whose address is: For MCA Namibia: For Consultant: This contract is subject to the applicable provisions of the Programme Implementation Agreement (the PIA Agreement ) between the Millennium Challenge Corporation and the Government of the Republic of Namibia, signed in January DURATION OF THE CONTRACT This contract is effective as of the date of signing and shall expire on [Insert Date], unless terminated earlier in accordance with Section 7. It is expressly stated, and the Parties agree, that this Contract is one of an independent consultancy and not of employment. Therefore, the Parties agree that no legitimate expectation of employment or renewal of this Contract is or can be created. 2. MANDATE The Consultant agrees to perform the duties and accept the responsibilities set forth in Terms of Reference contained in Appendix A of this contract. 3. STATUTE, RIGHT AND OBLIGATIONS OF THE CONSULTANT The rights and obligations of the Consultant are strictly limited to the terms and conditions of this Contract. Consequently, the Consultant does not have the right to any advantage, payment, subsidy, compensation or pension on behalf of MCA-N except for those expressly provided for under the terms of this Contract. The Consultant warrants that he has not and will not engage in any activity that would give rise to a right of termination under Sections 5.8 (a) of the Programme Implementation Agreement. 1

11 Attachment 3: Contract Form 4. REMUNERATION 4.1 MCA-N shall pay the Consultant, as full remuneration for providing part-time based services under this Contract, a fixed lump sum not exceeding [insert amount] exclusive of VAT. VAT will be paid in addition to the fee if the Consultant should be registered with the Receiver of Revenue to pay VAT. All payments owed to the Consultant under this Contract will be paid directly by MCA into the account set forth in Appendix B (Wire Transfer Instructions), within 30 working days after completion by the Consultant of the deliverables set forth in Appendix A and the receipt by MCA-N of an invoice, or a tax invoice, as the case may be, for the payment that is due. 4.2 No other remuneration, favours, compensation or subsidy other than reasonable travel and accommodation costs travel outside Windhoek as specified in Appendix A, will be paid to the Consultant under the terms of this Contract. 5. INCOME TAX The Consultant alone is responsible for the payment of any income taxes that may be owed in respect of remuneration received in terms of this Contract. MCA-N will not withhold any amounts from the Consultant s remuneration for purposes of income tax. 6. INSURANCE The Consultant shall take out and maintain insurance as is reasonable and customary in the Republic of Namibia. 7. TERMINATION Either party can terminate this Contract at any time upon thirty days prior written notice. Except as expressly stated in this Contract, upon termination or expiration of this Contract, all obligations under this Contract are terminated. 8. CONFIDENTIALITY During the term of this contract and for two years thereafter, the Consultant shall not reveal any sensitive or confidential information concerning the Consultant s services under this Contract or the businesses or the activities of MCA-N without prior written authorization from MCA-N. 9. RIGHTS OF TITLE Any studies, reports or other material, graphic, software or otherwise, prepared by the Consultant for MCA-N under this Contract shall belong to, and remain the property of MCA-N. 10. NON PUBLIC INFORMATION The Consultant shall treat and maintain as confidential all information, communications and documents received in his capacity as Consultant and relating to his duties, this Contract, or MCA-N s business or operations. The Consultant shall not disclose such information, communications or documents, except on a need-to-know basis and under similar obligation of confidentiality and shall not use such information, communications or documents other than in the course of performance of his duties under this Contract. These provisions shall survive the termination or expiration of this Contract. 11. DISCLOSURE The Consultant will reveal to the MCA-N any business or professional employment or activity in which it has been/will be engaged before or during this Contract. These activities shall not be 2

12 Attachment 3: Contract Form incompatible with provision of the services required under this Contract and shall not create, or give the appearance of creating, a conflict of interest. 12. STANDARDS OF CONDUCT 12.1 The Consultant will perform the services under this Contract faithfully, diligently, in accordance with the highest standards of professional and ethical competence and integrity, and in a timely manner in order to advance MCA-N s interests The Consultant shall not engage in any activity incompatible with MCA-N s interests. The Consultant will avoid any action, including, without limitation, any kind of public statement, which will compromise the integrity, independence and impartiality which are required for the Consultant s relationship with MCA-N The Program Assets are not intended for personal use and shall therefore only be used by the Consultant in the performance of his official duties under this Contract, except for incidental use and as otherwise provided under any policies and/or procedures adopted by MCA-N from time to time The Consultant affirms and agrees that no payments have or will be received by any official of MCA-N or any other Government official in connection with the Consultant s employment, and no payments have been made by the Consultant to any third party in connection with the Contract in violation of any applicable Namibian law or MCA-N s polices and procedures on conflict of interest and ethics. The Consultant affirms and agrees that no payments have been or will be received by the Consultant in connection with the Consultant s performance of his duties under the Contract, except for payments specified in Section 4 of this Contract The Consultant agrees that he shall not participate in the selection, award, or administration of a contract, grant or other benefit or transaction financed in whole or in part by MCC funding, in which (i) the Consultant, members of the Consultant s immediate family or household or the Consultant s business partners, or organizations controlled by or substantially involving the Consultant has or have a financial interest, or (ii) the Consultant is negotiating or has any arrangement concerning prospective employment, unless the Consultant has first disclosed in writing to MCA-N the conflict of interest and, following such disclosure, MCA-N has agreed in writing to proceed notwithstanding such conflict and, if requested by MCA-N, the Consultant will promptly recuse himself or herself from such participation The Consultant agrees that he shall not (and shall seek to ensure in his role as the Consultant that no other person or entity involved in the selection, award, administration or implementation of any contract, grant or other benefit or transaction financed in whole or in part by MCC Funding), (i) solicit or accept or offer a third party or seek or be promised directly or indirectly for himself or for another person or entity, any gift, gratuity, favor or benefit, other than items of de minimis value and otherwise consistent with MCA-N s policies and procedures on conflict of interest and ethics, or (ii) engage in any activity that is, or gives the appearance of being, a conflict of interest. 3

13 Attachment 3: Contract Form 13. RELATIONSHIP OF THE PARTIES; MCC STATUS 13.1 The Consultant acknowledges that MCC is neither the individual employer nor a joint employer of the Consultant. The Consultant understands that the performance of his duties will be dictated by MCA-N and not by MCC MCC is a United States Government corporation acting on behalf of the United States Government in the implementation of the Compact. As such, MCC has no liability under the Contract, and is immune from any action or proceeding arising under or relating to the Contract. In matters arising under or relating to the Contract, MCC is not subject to the jurisdiction of the courts in Namibia or any other body in any other jurisdiction. 14. APPLICABLE LAW AND LANGUAGE OF THE CONTRACT This contract shall be governed by Namibian law and the language of the contract is English. 15. DISPUTE RESOLUTION Any complaint or disagreement related to the execution of this Contract which cannot be resolved with amicable discussions will be subject to arbitration in accordance with the Professional Arbitration and Mediation Association of Namibia arbitration rules in force as of the date of this Contract. I have reviewed and understood the details of this Contract (which, for the avoidance of doubt, includes the appendices). SIGNATURES For the MILLENNIUM CHALLENGE ACCOUNT: For the CONSULTANT: Witness Witness 4

14 Attachment 3: Contract Form APPENDICES APPENDIX A TERMS OF REFERENCE 5

15 Attachment 3: Contract Form APPENDIX B WIRE TRANSFER INSTRUCTIONS 6

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