REQUEST FOR CONSULTANTS QUALIFICATIONS MCAN/COM/CQS/3A01004 INFORMATION TECHNOLOGY CONSULTANT FOR THE COMMUNAL LAND SUPPORT SUB-ACTIVITY

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1 REQUEST FOR CONSULTANTS QUALIFICATIONS MCAN/COM/CQS/3A01004 INFORMATION TECHNOLOGY CONSULTANT FOR THE COMMUNAL LAND SUPPORT SUB-ACTIVITY MCA Namibia (MCA-N) requires the services of an individual consultant or consulting firm (hereinafter referred to as the Consultant ) to provide the services described in this solicitation document. Summary of Services: An MCA Namibia team of consultants is currently implementing the Communal Land Support (CLS) sub-activity in the Northern Communal Areas (NCA). The team requires support from a qualified information technology (IT) consultant based in the NCA to ensure the effective operation of its IT infrastructure comprising of computers, printers, networking and other office equipment. The CLS Team comprises of twenty-two professional personnel and a number of technical support staff, subject to change during the execution of this assignment. These individuals operate from three offices in Oshakati (staff of twelve), Okahao (staff of seven) and Eenhana (staff of three). Between these offices, the CLS Team has deployed nineteen networked notebook computers, twelve desktop computers, a server computer any several printers and other peripheral devices. The consultant will act in the capacity of an on-demand IT technician, who will respond to IT service calls, investigate the symptoms of service requirements on-site, liaise with the MCA Namibia ICT Manager based in Windhoek to coordinate response and perform basic hardware and software maintenance under guidance from the MCA Namibia ICT Manager. Location: This assignment is based entirely in the Northern Communal Areas. Although no preference will be given to the location of the consultant, he/she will be expected to attend to service calls in person, within 4 hours of receiving the respective call. Assignment Timeline: October 22 December 31, 2012 Before applying, interested Consultants must review the Terms of Reference, describing the assignment and the required qualifications and experience of the Consultant (Annex 2). The selection of the Consultant shall be carried out in accordance with the procedures for the Consultant Qualifications Selection set forth in Section 1.B.V of the MCA Namibia Procurement Rules, which are available on the Procurement Opportunities page of the MCA Namibia website The selected Consultant will be ultimately requested to submit a combined

2 technical and financial proposal for the assignment, which, together with the Consultant s EOI and the attached Form of Contract (Annex 3), will be used for the negotiation of a time-based contract between the Consultant and MCA Namibia. Application Procedure Interested individual consultants are requested to send their responses, which should include an expression of interest to be considered for the assignment, date of availability, an up-to-date CV showing the minimum requirements described above and in compliance with the attached TOR, contact details (i.e., address, telephone and fax numbers, address, website, etc.), at least three references that can comment on individual consultant s related work experience, and any other relevant information. Responses in the standard MCA-N Expression of Interest format (Annex 1) should be addressed by to Victor Paereli, Procurement Manager at vpaereli@mcanamibia.org. The deadline for submission of responses is 17:00 on October 12,

3 [Insert Location and Date] Mr. Johann Botha Director Procurement MCA Namibia ANNEX 1: EXPRESSION OF INTEREST FORMS EXPRESSION OF INTEREST: FORM 1 Dear Sir, REF: IT CONSULTNA FOR THE COMMUNITY LAND SUPPORT TEAM (MCAN/COM/CQS/3A01004) I, the undersigned, offer to provide the individual consulting services for the abovementioned assignment in accordance with your Request for Consultant s Qualifications dated [Insert Date] and this Expression of Interest. I am hereby submitting my Expression of Interest, which will be open for acceptance for a period of 60 (sixty) 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 my availability for the assignment. My Expression of Interest is binding upon me 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 EXPRESSION OF INTEREST: FORM 2 TEAM COMPOSITION AND TASK ASSIGNMENTS Not used. 4

5 1. Name [Insert full name] EXPRESSION OF INTEREST: FORM 3 CURRICULUM VITAE (CV) 2. Date of Birth [Insert birth date] 3. Nationality [Insert nationality] 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] 5

6 Name of assignment or project: Year: Location: Client: Main project features: Position held: Activities performed: 11. References: [List at least two 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: [List specific task assigned to you for this consultancy. Also indicate whether you would act as team leader for the group] 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 ANNEX 2: TERMS OF REFERENCE Summary of Services: An MCA Namibia team of consultants is currently implementing the Community Land Support (CLS) sub-activity in the Northern Communal Areas (NCA). The team requires support from a qualified information technology (IT) consultant based in the NCA to ensure the effective operation of its IT infrastructure comprising of computers, printers, networking and other office equipment. The CLS Team comprises of twenty-two professional personnel and a number of technical support staff, subject to change during the execution of this assignment. These individuals operate from three offices in Oshakati (staff of twelve), Okahao (staff of eight) and Eenhana (staff of three). Between these offices, the CLS Team has deployed nineteen networked notebook computers, twelve desktop computers, one server computer, as well as multiple printers and other peripheral devices. The consultant will act in the capacity of an on-demand IT technician, who will respond to IT service calls, investigate the symptoms of service requirements on-site, liaise with the MCA Namibia ICT Manager based in Windhoek to coordinate response and perform hardware and software maintenance under guidance from the ICT Manager. Service Requirements: The service calls may relate, but will not be limited to the following requirements: 1. New computer or peripheral equipment is purchased and needs to be setup; 2. Existing computer or peripheral equipment does not operate properly; 3. Existing computer or peripheral equipment operates properly, but needs to be reconfigured for a different user; 4. User requires assistance technical assistance or training to perform an IT-related task. The Consultant will satisfy the following operational requirements: 1. Be accessible via mobile telephone from 8:00 to 17:00, Monday to Friday, excluding official Namibian holidays; 2. If on-site presence is required, be able to reach the site within max. four hours; this requirement includes all three sites, Oshakati, Okahao and Eenhana; 3. If the consultant is an individual, only personal attendance to MCA-N service calls will be accepted; 4. No transportation will be provided by MCA-N and the Consultant will be expected to reach all sites with own means of transport; 5. The Consultant will keep a record sheet, indicating (a) service requirement, (b) time when service requirement was received, (c) amount of time spent attending to the service requirement, (d) distance travelled attending to the service requirement. Location: 7

8 This assignment is based entirely in the Northern Communal Areas; although no preference will be given to the location of the consultant, he/she will be expected to attend to service calls in person, within 4 hours of receiving the respective call. Assignment Timeline: October 22 December 31, 2012 Minimum Qualification Requirements towards the Consultant: 1. Minimum national diploma in Information Technology or a related field 2. Minimum 5 years of experience in IT equipment repairs and maintenance Contracting and Compensation: The consultant determined to have the highest qualifications will be required to provide a technical and financial proposal for this assignment. The financial proposal will quote the service fee per hour and the transportation charge per km. As indicated above, the Consultant will keep a record sheet indicating the amount of time spent attending each service requirement and the distance travelled. The Consultant s compensation will be determined on the last working day of each calendar month, based only on the actual time spent and distance travelled during the respective month. 8

9 ANNEX 3: CONTRACT FORM MILLENNIUM CHALLENGE ACCOUNT NAMIBIA This contract for independent consultant services (the Contract ) is made as of [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: Atlas House 117 Sam Nujoma Drive P.O. Box Windhoek Republic of Namibia Tel: Fax: and, [Consultant name] (the Consultant ) whose address is: [Consultant address and contact details] 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 [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. 4. REMUNERATION

10 4.1 MCA-N shall pay the Consultant, as full remuneration for providing time-based services under this Contract, a ceiling Contract Price not exceeding NAD25,000 exclusive of VAT. The Consultant s remuneration will be determined based on the actual amount of time spent and distance travelled in the performance of the assignment. The remuneration will be determined based on the rate of [N$ amount] per hour for the Consultant s fees and [N$ amount] per km for travel costs. These rates are fully loaded, and include but are not limited to any other costs, including vehicle repair and maintenance costs, any insurance, profits. The Consultant s invoices shall be submitted no later than the last working day of each month and indicate the compensation claimed by the consultant during the respective month. The invoice must be supported by a service record sheet, substantively in the format indicated in the Appendix A to this contract and approved by the MCA-N Contract Manager. Invoices not supported by a service record approved by the MCA-N Contract Manager shall not be accepted by MCA-N. VAT will be paid in addition to the fee if the Consultant should be registered with the Receiver of Revenue to pay VAT. 4.2 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 the receipt by MCA-N of an invoice, or a tax invoice, as the case may be, for the payment that is due. 4.3 Reserved. 4.4 Reserved. 4.5 No other remuneration, favours, compensation or subsidy 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. 10

11 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 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 policies 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 11

12 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. 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: Penny Akwenye Chief Executive Officer Witness Witness 12

13 Service call date and time APPENDIX A SERVICE RECORD SHEET FOR [MONTH] [The Consultant will fill out this sheet, or a sheet substantively in this format, for each calendar month during the assignment duration. Each entry in this record sheet must correspond to a service call, received by the Consultant from MCA-N. Each entry must be approved by the MCA-N Contract Manager. Entries not approved by the MCA-N Contract manager may not be included in the Consultant s invoices.] Brief service requirement description Time chargeable, hours Fee chargeable (3) x N$[amount] per hour Distance travelled, if any, km Travel chargeable (5) x N$[amount] per km Approved by the Contract Manager (1) (2) (3) (4) (5) (6) (7)