Tender Document for
Strengthening Ethiopia’s capacity to counter Money
Laundering and Illicit Financial Flows
Contract Notice 2015/S 062-109126
Reference file number: j.no. 2015-18266
March/2015
Tender for Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
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INSTRUCTIONS TO TENDERERS ...................................................................................................................................................... 3
1.
Introduction ..................................................................................................................................................................................... 3
2.
Eligibility of the Tenderer.............................................................................................................................................................. 3
3.
The Tender Dossier ........................................................................................................................................................................ 4
4.
Preparation of the Tender ............................................................................................................................................................. 5
5.
Submission of the Tender ............................................................................................................................................................. 6
6.
Tender Opening .............................................................................................................................................................................. 7
7.
Tender Evaluation........................................................................................................................................................................... 8
8.
Award ................................................................................................................................................................................................ 9
CRITERIA AND METHOD OF EVALUATION ............................................................................................................................. 11
LETTER OF TENDER ............................................................................................................................................................................ 13
SCHEDULES OF TENDER ................................................................................................................................................................... 19
AGREEMENT ............................................................................................................................................................................................ 28
GENERAL CONDITIONS ..................................................................................................................................................................... 31
PARTICULAR CONDITIONS ............................................................................................................................................................... 32
APPENDIX 1 - SCOPE OF SERVICES ............................................................................................................................................... 42
APPENDIX 2 – PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES OF OTHERS .......................................... 59
APPENDIX 3 - REMUNERATION AND PAYMENT ................................................................................................................... 60
APPENDIX 4 - FORM OF ADVANCE PAYMENT SECURITY ................................................................................................ 72
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INSTRUCTIONS TO TENDERERS
1.
Introduction
1.1
These Instructions to Tenderers relate to a Contract Notice published on TED (Tenders
Electronic Daily), the online version of the 'Supplement to the Official Journal of the European
Union', dedicated to European public procurement.
1.2
The Tender Dossier comprises:
The Tender Dossier, as issued to each prospective Tenderer comprises:
(i)
Instructions to Tenderers and Criteria and Method of Evaluation.
(ii)
Forms for Letter of Tender and Schedules of Tender (Tenderer's Technical Schedules and
Schedule of Prices).
(iii)
Agreement, General Conditions, Particular Conditions Parts A and B, Appendix 1 – Scope
of Services, Appendix 2 - Personnel , Equipment, Facilities and Services of Others, and
Appendix 3 - Remuneration and Payment, the latter comprising Schedule of Prices, Terms
of Remuneration, Conditions for Project-related Expenses, and Terms of Payment.
The Instructions to Tenderers prescribe the procedures to be followed until the Client either
enters into an agreement with the Tenderer or advises him that the Client does not intend to do
so. These Instructions should not form any part of the Tenderer's Tender.
1.3
The Tenderer shall bear all costs incurred in the preparation and submission of its Tender,
including visits, interviews, meetings of clarifications and other actions mentioned in or implied
by these Instructions. The Client will not be responsible or liable for such costs, regardless of the
conduct or outcome of the tendering process.
1.4
The Client will enter into a contract with the eligible Tenderer having presented the most
economically advantageous Tender based on the established Criteria and the Method of
Evaluation.
The Client reserves the right to cancel the contract award procedure due to any objective reason,
without incurring liability to any Tenderer and the Tenderers being entitled to claim any
compensation. If a contract award procedure is cancelled, all Tenderers will be notified as soon as
possible in writing of the objective reasons for the cancellation.
1.5
Tender procedures are subject to the law of Denmark and the rules applicable hereunder.
2.
Eligibility of the Tenderer
2.1
The Tenderer shall notify the Client, as soon as practicable, of any change in the information
submitted, including changes in the composition of the Tenderer or the legal status and place of
establishment, on grounds for exclusion, potential conflicts of interest, economic and financial
situation, and technical capability/capacity of the Tenderer or its members.
Any change in the composition of the Tenderer will at the discretion of the Client lead to
disqualification of the Tenderer from participation in the Tender and award of contract.
2.2
If the Tenderer is a joint venture, consortium or other unincorporated grouping of two or more
entities (here called a Joint Venture) the following shall apply:
(i)
The tender shall be signed by all members of the joint venture.
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The members shall attach to the tender a letter of intent including
-
a statement that the members of the joint venture will undertake, jointly and severally,
the obligations of the joint venture under the contract if awarded,
-
a statement that members of the joint venture appoints and authorise the lead
member with authority to bind the joint venture, and to act on its behalf in all
matters in connection with or arising out of this Agreement,
-
a statement that the composition or constitution of the joint venture shall not be
altered without prior written consent by the Contracting Authority
-
The members shall establish a common Quality Assurance and Business Integrity
Management System.
2.3 Any legal entity may only submit one tender.
2.4 Tenderers shall not be eligible for the assignment if this would conflict with their prior or current
obligations to other Clients, or may place them in a position of not being able to carry out the
assignment in the best interest of the Client.
Tenderers may be disqualified from tendering and entering into an Agreement under the
circumstances set forth below:
(i)
Conflict between consulting activities and supply of goods or carrying out works
or other services for the component/project.
(ii)
Conflict with consulting assignments related to the component/project.
(iii)
Conflict stemming from relationship with the Client's or the Recipient’s staff.
2.5
Tenderers shall not derive a competitive advantage from having provided consulting services
related to the assignment in question. To that end, the Client shall provide to all Tenderers all
available information that would in that respect give a Tenderer a competitive advantage over the
other Tenderers.
2.6
If a Tenderer proposes a sub-consultant, a joint letter with sufficient details of the arrangement
must be included in the Tender.
If, in the opinion of the Client, the selection of sub-consultants locally or within specific fields of
expertise is limited, the Client may oppose exclusive agreements with local sub-consultants, be
they organisations or individuals (agreements that prohibit the sub-consultant from entering into
agreements with other Tenderers). Any possible restrictions on subcontracting are stated in the
Contract Notice, section III.1.4).
3.
The Tender Dossier
3.1
The Tender shall be responsive to the complete Tender Dossier which comprises the documents
listed in Clause 1 above and any Addenda to the Tender Dossier which may be issued as
described in this Clause 3. The Tenderer shall scrutinize each document immediately upon
receipt, and shall promptly give notice to the party who issued the document, of any pages that
appear to be missing.
3.2
The Tenderer must carefully examine documents of the Tender Dossier. Failure to comply with
these Instructions or with any other tendering requirements will be at the Tenderer’s risk.
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3.3
If the Tenderer requires any clarification of the Tender Dossier, he shall give notice to the
contact point(s) as stated in section I of the Contract Notice. The notice must be in writing in the
language as specified in section IV.3.6) of the Contract Notice. Requests that cannot be answered
six days before the Tender Submission Date will not be answered.
3.4
The Client will respond to the notice by issuing
(i)
the text of the question or request for clarification and
(ii)
the clarification. This response shall be in writing and shall give no indication of the
identity of the Tenderer who requested the clarification. Requests for clarification and
responses shall be sent to all prospective Tenderers who received the Tender Dossier, but
shall not constitute amendments to the Tender Dossier.
These requests for clarification and responses will be posted on the website of the Contract
Notice on Ted - Tenders electronic daily (under “Document Family”) if issued. It is the
responsibility of the Tenderer to obtain clarifications issued by the Client.
3.5
If amendments are made to the Tender Dossier the Client will issue an addendum to the Tender
Dossier. Each addendum to the Tender Dossier will be posted as mentioned in 3.4 above. Each
addendum shall be binding upon the Tenderers. It is the responsibility of the Tenderer to obtain
addenda issued by the Client.
3.6
At any time the Client may issue an addendum to the Tender Dossier that postpones the Tender
Submission Date. In this event, all rights and obligations of the Client and the Tenderers
previously related to the original date shall thereafter be subject to the amended date.
Individual meetings or communications (except for requests for clarifications) by the Tenderers
with the Client or the Recipient are not allowed.
4.
Preparation of the Tender
4.1
The Tenderer should obtain for himself, on its own responsibility, all information, which may be
necessary for preparing the Tender and entering into the Agreement.
4.2
The Client shall not be bound by any oral presentations whether by the Recipient or by others.
4.3
The Tender and all communication between the Tenderer and the contact point(s) as stated in
section I of the Contract Notice shall be in the language as specified in section IV.3.6) of the
Contract Notice. Supporting documentation submitted by the Tenderer may be in another
language if he also submits an appropriate translation of all its relevant passages into this ruling
language.
4.4
The Tender Documents to be submitted by each Tenderer shall comprise:
(i)
Letter of Tender including documentation as listed in the Letter of Tender
(ii)
Schedules of Tender
Schedule 1, Comments to Appendix 1
Schedule 2, Description of Approach, Work Plan and Detailed Tasks, Reporting,
Organization, outline QA Plan, and outline Business Integrity Management
Plan
Schedule 3, List of Key Personnel including brief CV´s
Schedule 4, Implementation Plan and Personnel Assignment Chart
(iii) Schedule of Prices, as listed in Appendix 3
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4.5
The Tender Dossier issued to the Tenderer, including any amendments instructed in an
Addendum to Tender Dossier, shall be used without further changes.
4.6
The Tenderer shall also submit the supplementary documentation listed in the Letter of Tender.
4.7
All duties, taxes, VAT, and other levies applicable for the contract in question payable by the
Consultant in relation to the performance of the Agreement, or for any other cause, shall be
included in the rates, prices and total Tender Price submitted by the Tenderer, and the evaluation
and comparison of Tenders by the Client shall be made accordingly. The duties, taxes, and other
levies shall be those prevailing 28 days prior to the Tender Submission Deadline.
It is the responsibility of the Tenderer to acquaint himself fully with the tax and excise laws in
force in the Recipient Country prior to the submission of the Tender.
4.8
All prices and unit rates quoted in the Schedule of Prices shall be in Danish Kroner.
4.9
It is emphasized that the Client will not be able to engage in traditional negotiations with the
Tenderers regarding the tenders submitted. With respect to negotiations, the Client will operate
within the rules of negotiation set out, among others, in Council and Commission statement
concerning Council Directive 93/37/EEC of 14 June 1993:
"The Council and the Commission state that in open and restricted procedures all negotiations with candidates or
tenderers on fundamental aspects of contracts, variations in which are likely to distort competition, and in
particular on prices, shall be ruled out; however, discussions with candidates or tenderers may be held but only for
the purpose of clarifying or supplementing the content of their tenders of the requirements of the contracting
authorities and provided this does not involve discrimination."
Hence, no contract or price negotiations as such shall be conducted and, therefore, the Tenderers
should ensure that the wording of their tenders allows the contract to be concluded without prior
negotiations between the tenderer and the contracting authorities.
It is thus of the utmost importance that the tenders are comprehensive and consider all relevant
issues, contain all necessary information, and are precise in every respect.
5.
Submission of the Tender
5.1
The Tenderer shall prepare one original set (technical- and price part), 2 copies, a PDF file and
supplementary information, as described in these Instructions.
Each such set shall be submitted in two inner envelopes within an outer envelope. One inner
envelope shall include the Letter of Tender and the Technical Schedules and be marked
"Technical Part" and the other shall include the Schedule of Prices and be marked "Price Part".
The technical part shall be submitted in one original, 2 copies, and as PDF files, each not
exceeding 5 MB, on one CD ROM / one USB Memory Stick, all in one envelope marked
“Technical Part”.
The price part shall be submitted in one original, 2 copies and as a PDF file on one CD ROM /
one USB Memory Stick, all in one envelope marked “Price Part”.
All envelopes shall be sealed properly.
5.2
The original of the Tender shall be signed by a person or persons duly authorised to bind the
Tenderer. If the Tenderer is a joint venture, the Tender must be signed by all members of the
joint venture.
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5.3
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The inner and outer envelopes shall be addressed to the Client at the address and to the person
as specified in the Contract Notice and shall bear the following identification:
"Tender for (name of project with reference number as stated in the tender document) - DO NOT OPEN"
The outer envelope shall indicate the name and address of the Tenderer.
5.4
If a Tender is misplaced or opened prematurely because an envelope was not sealed and marked
as instructed above, the Client shall not be responsible and the Tender may be rejected.
5.5
The originals, the copies and the CD ROMs / USB Memory Sticks of the Tender must be
delivered to the address as specified in the Contract Notice no later than the time, on the Tender
Submission Date, as stated in the Contract Notice or as amended in accordance with Clause 3.6.
Tenders received by the Client thereafter will be returned unopened.
5.6
The Tenderer may modify or withdraw its Tender after submitting it, if the modification or
notice of withdrawal is received in writing before such prescribed time for submission of Tenders
but not thereafter. The Tenderer’s modification or notice of withdrawal shall be prepared, sealed,
marked and delivered in accordance with the provisions of this Clause 5, with the inner and outer
envelopes additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate. The
modification or notice of withdrawal shall be signed by a person or persons duly authorized to
bind the Tenderer, and proof of authorization shall be annexed.
5.7
A Tender submitted other than as described in this Clause 5 may be rejected by the Client and
returned to the Tenderer.
5.8
The Tender shall remain valid and open for acceptance for the period of 60 days from the
Tender Submission Date. Prior to this expiry date the Client may by written notice request the
Tenderer to extend the validity period. The Tenderer may refuse the request, but shall not modify
its Tender other than by extending its validity.
6.
Tender Opening
6.1
Tenders and other submissions, which are in accordance with Clause 5 of these Instructions, will
be opened by the Tender Committee Chairperson immediately after the Tender Submission Date.
The Tenderers’ representatives will not be present at the opening.
The envelopes with the price parts shall not be opened until the evaluation of the technical parts
has been completed.
6.2
Tenders for which the Client has received a valid notice of withdrawal in accordance with Clause
5 of these Instructions shall not be opened.
6.3
The Client will examine the technical parts to determine whether they appear to be complete,
properly signed, and generally in order.
6.4
After the opening of Tenders, information relating to the examination, clarification, evaluation,
and comparison of Tenders, and recommendations concerning award of the assignment shall not
be disclosed to Tenderers or other persons not officially concerned with the tendering process.
Any effort by a Tenderer to influence the Client in these processes may result in the rejection of
the Tenderer’s Tender.
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7.
Tender Evaluation
7.1
The Client will determine whether the Tender meets the Conditions for participation as specified
in part III.2.) of the Contract Notice. If a Tender does not meet the required minimum
conditions, it shall be rejected by the Client.
7.2
The Client will determine whether each Tender is substantially responsive to the requirements of
the Tender Dossier. If a Tender is not substantially responsive to the requirements of the Tender
Dossier, it may be rejected by the Client.
A substantially responsive tender is a tender compliant with all the terms, conditions, and
specifications of the Tender Dossier without material deviation or reservation. A materiel
deviation or reservation is one which affects in any substantial way the scope, quality, or
performance of the Services, or which limits in any substantial way, inconsistent with the Tender
Dossier, the Client's rights or the Tenderer's obligations under the Agreement, and the
rectification of which deviation or reservation would affect unfairly the competitive position of
other Tenderers presenting substantially responsive Tenders.
7.3
The Client will evaluate the Technical Part of the Tenders. The evaluation of the Tenders will be
based on the Evaluation Criteria annexed to these Instructions. Unless specifically stated, no
criterion will take precedence over any other criterion, and the Tender evaluation shall be based
on an overall consideration, in accordance with the specifications in Criteria and Method of
Evaluation.
The Tenderer shall, on request of the Client, make candidate(s) for position(s) of principal Key
Personnel available for interview by the Client at no cost to the Client.
Interviews of Key Personnel will be carried out on completion of the evaluation of the technical
parts but before opening the price parts. The expected date and venue for the interview of the
Key Personnel is stated in the Contract Notice (VI.3). In due course detailed information on the
timing of the interview will be forwarded. If a Tenderer’s Key Personnel is unable to attend the
appointment, its Tender will be eliminated from the evaluation process. The purpose of the
interview is to verify the information given in the curriculum vitae of the Key personnel in
relation to the Criteria for Evaluation and the profile of the Key Personnel as specified in the
Terms of Reference.
On completion of such interviews, the Client will, without modifying the criteria or the weighting
used in the technical evaluation, decide whether it is necessary to adjust the rating of the Key
Personnel interviewed.
The evaluation of the technical parts shall be completed before opening the envelopes with the
price parts.
7.4
Only price parts of Tenders where the technical parts meet the minimum requirements to the
technical part will be included in the overall evaluation.
Such price parts will first be checked by the Client for any arithmetic errors in computation and
summation, and any errors will be corrected as follows:
(i)
If there is any discrepancy between amount in figures and in words, the amount in words
will take precedence.
(ii)
If there is a discrepancy between the Total Price entered and the equivalent sum computed
on the basis of the breakdowns, the Total Price shall be adjusted to the sum computed on
the basis of the breakdowns.
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(iii)
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If there is a discrepancy between a stated amount and the correct amount calculated by
multiplying the stated unit rate by the quantity, the stated amount shall be adjusted to the
correct amount and the Total Price adjusted correspondingly.
The Tenderer may be notified of these corrections and if the Tenderer does not accept these
adjustments as notified, its Tender may be rejected.
Tenders, where the Total Price as quoted in the Schedule of Prices exceeds the maximum budget
as stated in the Contract Notice section II.2.1, shall be rejected.
7.5
For the purpose of evaluating Tenders, the Client will determine for each Tender the evaluated
price by making any correction for errors as described above.
7.6
To assist in the examination, evaluation and comparison of Tenders, the Client may ask any
Tenderer for clarification of its Tender, including breakdowns of unit rates and sums. The
request for clarification and the response shall be in writing. No change in the price or substance
of the Tender shall be sought, offered or permitted except as required to confirm the correction
of arithmetic errors discovered by the Client during the evaluation of the Tenders.
7.7
If, before entering into the Agreement, any of the Key Personnel proposed in the Tender is no
longer available, the Tenderer shall inform the Client immediately. Such occurrence is considered
a serious default, and the tendering procedure in respect of the Tenderer in question and
meetings of clarifications with this Tenderer may be terminated by the Client without the Client
thereby incurring any liability to the Tenderer.
8.
Award
8.1
The Client intends to award the contract to the Tenderer whose compliant Tender has been
determined to be responsive to the Tender Dossier and has achieved the highest total score in
the evaluation, provided that the Tenderer still has the capability and resources to carry out the
Services effectively.
The Client reserves the right to cancel the contract award procedure due to any objective reason,
without incurring liability to any Tenderer and the Tenderers being entitled to claim any
compensation. If a contract award procedure is cancelled, all Tenderers will be notified as soon as
possible in writing of the objective reasons for the cancellation.
8.2
The economically most advantageous Tenderer may be invited to participate in meeting(s) with
the Client to clarify outstanding issues and finalize an Agreement, and the Client will arrange for
minutes of such meetings to be prepared and agreed with the Tenderer. The minutes of the
meeting will be part of the basis upon which the agreement is to be concluded.
8.3
The agreed minutes shall be binding on the Tenderer as an acceptable clarification of its Tender
until its validity expires, and shall be wholly subject to the formal Agreement, and shall not bind
the Client nor commit him to entering into any agreement under any terms.
8.4
Subject to approval of the funding by the relevant appropriation authorities, the Client and the
Tenderer shall sign the formal Agreement. The Contract shall not be concluded until the expiry
of a stand-still period of 10 calendar-days following the Client’s electronic notification of all
Tenderers of the award of the contract, or 15 calendar days following the Client’s notification of
the award by letter.
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8.5
The Client does not intend to issue a Letter of Acceptance as described in the General
Conditions, and prefers the Agreement to become effective on the date of the latest signature
necessary to complete the formal Agreement.
8.6
No offer, payment, consideration, or benefit of any kind, which constitutes illegal or corrupt
practice, shall be made, either directly or indirectly, including bribery of foreign public officials, as
an inducement or reward in relation to:
(i)
the tendering,
(ii)
the award of the assignment, or
(iii)
the implementation of the Agreement.
Any such practice will be grounds for the immediate cancellation of the Agreement and for such
additional actions (civil and/or criminal) as may be appropriate. At the discretion of the Ministry
of Foreign Affairs of Denmark, a further consequence of any such practice can be the definite
exclusion from any further tendering for Danida-funded projects.
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CRITERIA AND METHOD OF EVALUATION
Tenders shall be evaluated using the most economically advantageous tender criterion with a weight of
80 % given to the technical part and a weight of 20 % given to the price part (fees and project-related
expenses, but excluding amounts fixed by the Client budget line B 4, and as defined in the Appendix 3
to the Agreement.)
The following criteria shall be used as a basis for evaluation of technical proposals:
Technical quality
Approach and methodology
Work plan for inception phase and time allocated in view of
proposed approach
Description of the proposed organization including reporting,
and measures to ensure quality and business integrity in carrying
out the assignment
Qualification and competence of Key Personnel1
Team Leader
General qualifications
Adequacy for the assignment
Experience in the region and language
Expert with experience from Ethiopia
General qualifications
Adequacy for the assignment
Experience in the region and language
Total technical part
Weighted technical part
Weighted price part
Total technical and price part
40 %
50 %
30 %
20 %
60 %
60 %
25 %
50 %
25 %
40 %
20 %
60 %
20 %
100 %
80 %
20 %
100 %
The level of responsiveness for each criterion and sub-criterion shall be rated on a scale of 0-100 points
using the following discrete grades

1
poor:
40 points
The required qualifications and experience are specified in Appendix 1 – Scope of Services. ’’Key
Personnel’’ mean any professional Personnel as defined in Particular Conditions, Part B, Clause 1.1.18.
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
satisfactory:
70 points

good:
90 points

very good:
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100 points
The rating of each criterion and sub-criterion shall then be weighted and added to give to total score.
The Tender shall be rejected if the technical part fails to achieve a minimum score of 75 out of 100.
The Tender with the lowest financial proposal (see Instructions to Tenderers, clause 7, Tender
Evaluation) will be given a score of 100 points and the other Tenderers' financial proposals will be
given scores inversely proportional.
The total score of the Tender shall be obtained by weighting and adding the technical and price scores.
The Tenderer with the Tender obtaining the highest total score shall be invited to finalize a contract
agreement.
For a detailed guideline on which the evaluation is based, see World Bank "Consulting Services Manual,
a Comprehensive Guide to Selection of Consultants" of which Chapter 17 gives a good description of
"Evaluation Practices of Technical Proposals". The manual is available on
https://openknowledge.worldbank.org/bitstream/handle/10986/7047/364610Consulti101OFFICIAL0USE0ONLY1.pdf?sequence=1
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LETTER OF TENDER
(To be printed on the Tenderer’s official letter head, and addressed to the Contact Point stated in the
Contract Notice I.1)
Contract Notice: (insert Contract Notice number)
Subject: (insert title as stated in Contract Notice II.1.1)
We hereby submit our Tender with reference to the above mentioned Contract Notice.
(if this Tender is being submitted by a group of entities, hereinafter called a Joint Venture, insert the following:
This Tender is being submitted by the following entities in Joint Venture:

Lead member name and address

Name(s) and address(es) of other members of the Joint Venture
The members of the joint venture have authorised the Lead Member with authority to bind the joint venture and to act on
its behalf in all matters in connection with or arising out of the Tender.
The composition or constitution of the Joint Venture shall not be altered without prior written consent by the Client.
The members of the Joint Venture shall be jointly and severally bound by this Tender and (if accepted) the Agreement.
A letter of intent to enter into a joint venture signed by all the members is attached to the Tender.)
With reference to the Contract Notice points:
III.2.1): We confirm that we are not in a conflict of interest which could exclude us from participating
in the Tender. We also confirm that the Tenderer and its members are affected by no potential
conflict of interest and has no particular link with other parties involved in the particular
project other than as informed to the Client in writing.
III.2.1): We confirm that we are not in a situation which shall or may exclude us from participating in a
public contract according to Article 45.1 and 45.2. (a), (b), (c), (d) and (g) of the Directive.
III.2.1): We attach documentation that we are not in a situation which shall or may exclude us from
participating in a public contract according to Article 45.2. (e) and (f) of the Directive (Format
of the Solemn Declaration enclosed. If the Tenderer is a Joint Venture declarations must be
attached for each member of the Joint Venture).
III.2.2): We confirm that we meet the minimum annual turnover as stated in the Contract Notice and
attach a list of our annual turnover over the last three years.
III.2.3): We confirm that we meet the minimum requirement of similar services provided as stated in
the Contract Notice and attach a list of the similar services provided in the last three years.
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III.2.3): We confirm that we have an ISO 9001 Certificate or similar, and attach documentation to that
effect or sufficient extracts thereof, cf. Article 48 of the Directive.
We accept that our Tender may not be considered if we in the opinion of the Ministry of Foreign
Affairs fail to meet the minimum requirements as specified in part III.2) of the Contract Notice for this
contract.
We have examined the Agreement, the General and Particular Conditions, Appendix 1 – Scope of
Services, Appendix 2 - Personnel, Equipment, Facilities and Services of Others, Appendix
3 - Remuneration and Payment, and the Addenda Nos. (insert identification of addenda) for the abovenamed assignment. We accordingly offer to execute the Services in conformity with all these
documents and this Tender including the Schedules of Tender for the Total Price as stated in the
Schedule of Prices.
We agree to abide by this Tender for a period of 60 days from the Tender Submission Date, and that it
shall remain binding upon us and may be accepted at any time before that date.
We undertake, if our Tender is accepted, to commence and complete the Services within the periods
stated in the Particular Conditions of the Contract.
We accept that any significant change in the information submitted with this letter may disqualify us
from participation in the Tender and award of contract. We undertake to notify the Client, as soon as
practicable, of any change in this information.
We also accept that you have the right to cancel the tender process or reject any or all Tenders at any
time prior to the award, without thereby incurring any liability to the affected Tenderer or Tenderers.
Name and e-mail address of contact person for this tender:
Date:
Authorized signature(s) of Tenderer (if a joint venture, authorized signatures of all
members):
Attachments:
1.
Joint Venture letter of intent, if applicable.
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2.
Documentation on our personal situation, as required in the Contract Notice III.2.
3.
Documentation for a Quality Assurance System.
4.
Technical proposal submitted in one original, 2 copies, and as PDF files, each not exceeding 5
MB, on a CD ROM / USB MEMORY STICK.
5.
Price proposal, submitted in a separate envelope, in one original, 2 copies, and as PDF files, each
not exceeding 5 MB, on a CD ROM / USB MEMORY STICK.
6.
Power of attorney.
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Format of the Solemn Declaration referred to in the Contract Notice and above
(If the Tenderer is a Consortium the declaration must be submitted by the Leader and each Member of the
Consortium)
SOLEMN DECLARATION
In accordance with Danish Law’s Act no. 336 of 13 May 1997 on limitation of debtors possibilities to
participate in public procurements and on change of certain other laws (Making effective the collection of
arrears to the authorities), the authorities shall on procurement of construction and plant works as well as
purchases of goods and services demand that any tenderer simultaneously with submitting its tender make a
solemn declaration on the extent of the tenderer’s unpaid, due debts to the authorities in the form of taxes,
duties and social security contributions in accordance to Danish law or the law of the country of the
tenderer’s establishment.
In accordance with the regulations of the abovementioned law the undersigned hereby solemnly and under
liability to punishment give the below mentioned declaration.
Company name, address, telephone number and registration number:
Information on debts to the authorities (make selection):
1
 The company has no unpaid, due debts to the authorities.
2

The company has unpaid, due debts to the authorities but these debts do not exceed DKK 100.000 (or
an equivalent amount in another currency).
3

The company has unpaid, due debts to the authorities and these debts exceed DKK 100.000 (or an
equivalent amount in another currency).
The following points 4 or 5 and 6 shall only be filled, if point 3 has been selected.
4
 Security has been provided to the collection authority for payment of the part of the debts that exceed

DKK 100.000 (or an equivalent amount in another currency).
Security will be provided to the collection authority for payment of the part of the debts that that
exceed DKK 100.000 (or an equivalent amount in another currency).
5

6
An arrangement for payments concerning unpaid, due debts has been made with the collection
authority, and this arrangement has been kept.
Date of establishment of security/arrangement:
Collection authority: NA
Year:
Month:
Name
Address:
Postal code:
Signature:
Date:
City:
Company management signature and company stamp:
Day:
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Financial and Technical Capacity of Tenderer
1. CONDITIONS FOR PARTICIPATION
If the Tenderer is a consortium, the consortium as a whole should meet the required minimum
capacities (add rows as required).
3.1 Economic and financial standing (Contract Notice III.2.2)
Requirements and possible minimum levels to the economic and financial standing of the
Tenderer are specified in the Contract Notice, and are requested in accordance with Article 47 of
the Directive.
a)
Annual turnover of the Tenderer (add rows as required)
DKK mill.
Most recent year
Most recent year -1
Annual Turnover
Most recent year -2
3.2 Technical and/or professional ability (Contract Notice III.2.3)
Requirements to the technical and/or professional ability of the Tenderer are specified in the
Contract Notice in accordance with Article 48 of the Directive. If the applicant is a consortium
only a maximum of the 10 most relevant project references of the consortium members are to be
listed.
a)
List of the similar services provided in the last three years - Maximum of 10 project
references (add forms as required)
Ref. No. 1
Legal entity
Project title
Country
Name of Client
Dates (mm/yy – mm/yy
Project value Mill. DKK
Shared carried out by legal entity %
Consortium members
Description of Project
Type of services
provided by legal entity
b) Technicians or technical bodies
Not applicable, unless otherwise required in the contract notice
c) Measures used for ensuring quality
d) Capacities for production, studies, and/or research
Not applicable, unless otherwise required in the contract notice
e) Educational and professional qualifications
If required in the Contract Notice, please list the managerial staff of the legal entity and, in particular
those responsible for providing the services. No CV’s are required. (Add rows as required):
Tender for Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
Legal entity
Name and title
Education
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Professional qualifications
f) Environmental Management measures
Not applicable, unless otherwise required in the contract notice
g) Average annual manpower
If required in the Contract Notice, please list total staff and the number of managerial staff for the
last three years.
Average manpower
Most recent year
Most recent year -1
Most recent year -2
Management staff
Other staff
Total staff
h) Tools/plants etc.
Not applicable, unless otherwise required in the contract notice
i) Sub-contracting
If required in the Contract Notice, the major part of the services must be rendered by the Tenderer
Please indicate the proportion of the contract intended subcontracted:
j) Products supplied
Not applicable, unless otherwise required in the contract notice
Signed on behalf of the Tenderer
Date:
Name:
Signature:
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SCHEDULES OF TENDER
The Tenderer's Schedules of Tender shall include as APPENDIX 1.1:

Schedule 1 - Comments to Appendix 1 – Scope of Services and Appendix 2 - Personnel,
Equipment, Facilities and Services of Others

Schedule 2 - Description of Approach, Work Plan and Detailed Tasks, Reporting, Organization,
outline QA Plan, and outline Business Integrity Management Plan

Schedule 3 - List of Key Personnel , Task Assignment Chart and CV's for all Key Personnel and
other professional personnel at the home office assigned as Project Director, Quality Manager
and Auditor, Business Integrity Manager and Letter of Availability for Key Personnel not
permanently employed by the Tenderer or any of its sub-consultants

Schedule 4 - Outline Implementation Plan and Personnel Assignment Chart
Schedule of Prices in the formats prescribed (for the Schedule of Prices, please refer to the Agreement,
Appendix 3 - Schedule of Prices).
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Schedule 1 - Comments to Appendix 1 – Scope of Services and Appendix 2 - Personnel,
Equipment, Facilities and Services of Others
(To be prepared by the Tenderer and should be limited to maximum 2 pages (maximum 4000 keystrokes per page) of
relevant and specific comments to the appendices mentioned - a discussion of the "understanding of the Terms of Reference"
or "appreciation of the program/component/project" is not required and will not be considered or credited.
This schedule should clearly list all comments including suggestions to the Appendix 1 - Scope of Services and Appendix
2 - Personnel, Equipment, Facilities and Services of Others. Comments or suggestions may not be phrased in such a way
that they constitute reservations to the Scope of Services.)
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Schedule 2 - Description of Approach and Methodology, Work Plan and Detailed Tasks,
Organisation, outline QA Plan, and outline Business Integrity Management Plan, Reporting
(To be prepared by the Tenderer and should be limited to a maximum of 15 pages (maximum 4000 keystrokes per
page).
This schedule shall include
(i) a description of the proposed approach and methodology for
(a)
implementation of the main components of the Services, including capacity development
(b)
project management and monitoring,
(c)
co-operation with the Recipient and Danida,
(d)
long term sustainability,
(ii) a description of the proposed work plan for the inception phase with a detailing of the activities
and outputs outlined in the Terms of Reference as well as any additional activities as required,
(and the personnel assignment chart, schedule 4.2)
(iii) The organisation proposed for the Consultant's team with interface to the Client's and the
Recipient's organisation.
(iv)
An outline plan for the quality management, monitoring, and auditing specifically for this
particular assignment including;
(a)
the contents of the final plan,
(b)
names of the persons proposed for the quality management, monitoring and auditing
(please note that person(s) proposed for auditing should be independent of the
Consultant's team carrying out the Services),
(c)
timing of the audits,
(d)
a description of the applicant’s approach to comply with the Danida Anti-corruption Code
of Conduct and the principles of the UN Global Compact implementation, hereunder
present an outline of the Tenderer's Business Integrity Management Plan for this particular
assignment including;
 definitions of roles, responsibilities and authority in relation to this assignment,
 accounting structures, and
 enforcement measures for the Consultant and partners and sub-consultants.
(v) A detailing of the reporting required in the Terms of Reference.
This Schedule shall not include any comments or suggestions to the Terms of Reference.)
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Schedule 3 - List of Key Personnel, Task Assignment Chart and CV's for all Key Personnel and
other professional personnel at the home office assigned as Project Director, Quality
Manager and Auditor, Business Integrity Manager
To be prepared by the Tenderer.
This schedule should include
(i)
a list of the proposed positions and names of Key Personnel and other professional Personnel responsible for home
office management and quality management, monitoring and audits,
(ii)
if applicable a task assignment chart indicating the tasks/activities assigned to each of the Personnel, e.g. in the
format as suggested below, or of the choice of the Tenderer, and
(iii)
brief CV's for each of the Key Personnel and other professional Personnel responsible for home office management,
quality management, monitoring and audits, and management of business integrity, monitoring and audits.
CVs shall be in the format specified below.
The CV should, in Part 5 (SPECIAL EXPERIENCE RELEVANT TO THE ASSIGNMENT) and
Part 6 (OTHER INFORMATION OF RELEVANCE TO THE ASSIGNMENT), focus on the
experience relevant for the assessment of the Candidate's' suitability for his/her position in this assignment.
Please note that recent qualifications and experience may be more relevant than qualifications and experience from
assignments more than 15 years old.
The CVs should be as brief as possible (usually not more than 5 pages) but at the same time include all relevant
information.
For Key Personnel not permanently employed by the Tenderer or any of its sub-consultants, a letter of
availability signed by the proposed candidate shall be attached.
The Client does not accept exclusive agreements with key personnel not permanently employed by the
Tenderer or any of the sub-consultants.
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3.1 Task Assignment Chart
(To be prepared by the Tenderer)
(Suggested format)
1.3
q
r
a
2.1
q
2.2
r
a
a
q
r
a
a
a
3.1
r
3.2
q
r
a
3.3
q
r
a
3.4
q
r
a
3.5
q
r
a
3.6
4.1
4.2
r: responsible
a: assisting
q: quality management/control
r
q
a
r
a
l
a
Name/Pos
r
Name/Pos
q
Name/Pos
1.2
Name/Pos
a
Name/Pos
a
Name/Pos
r
Task / Activity
Name
Name/Pos
Name/Pos
1.1
Task / Activity
No.
Name/Pos
Name/Pos
Key Personnel
Tender for Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
Brief Curriculum Vitae (to be
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completed for each Key Personnel and other professional Personnel)
Assignment:
Proposed position on the proposed team:
1. PERSONAL DATA
Family name:
First Name(s):
2. EMPLOYMENT RECORD
(State all employments in the career – also those in developed countries, if any. Most
recent employment first)
Employer's Company
Period of service and length:
Position with the
Name:
Enterprise:
3. EDUCATION
Institution (University,
etc.), city and
country:
Length of education
Date: from (month/year) to
(month/year)
Degree/Diploma obtained:
4. LANGUAGE SKILLS OF RELEVANCE TO THE ASSIGNMENT
(State language, formal language education and level of speaking, reading and writing skills
(mother tongue, perfect, average, poor))
Language:
Formal Education:
Speaking skills:
Reading skills:
Writing
skills
:
5. SPECIAL EXPERIENCE RELEVANT TO THE ASSIGNMENT
(Indicate the following information for those assignments that best illustrate Personnel capability to handle the
tasks of this assignment. Add number of assignments as applicable)
Name of assignment
Period of service and length:
Year - year (total number of months)
Location
Client
Main project features
Position held
Activities performed
Tender for Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
Name of assignment
Period of service and length: from
(month/year) to (month/year)
Location
Client
Main project features
Position held
Activities performed
Name of assignment
Period of service and length: from
(month/year) to (month/year)
Location
Client
Main project features
Position held
Activities performed
Name of assignment
Period of service and length
Location
Client
Main project features
Position held
Activities performed
6. OTHER INFORMATION OF RELEVANCE TO THE ASSIGNMENT
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Schedule 4
Schedule 4.1 - Outline Implementation Plan
(To be prepared by the Tenderer)
(Suggested format divided into Months or Quarters as appropriate)
No.
Activities and sub-activities of the Services
Month or Quarter
1
2
3
4
5
6
7
8
9
10
11
12
13
Etc.
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Schedule 4.2 - Personnel Assignment Chart
(To be prepared by the Tenderer)
(Suggested format divided into Months or Quarters as appropriate)
Month or Quarter
Designation
Total number of man-months
1
2
3
4
5
6
7
8
9
10
…
Person
Months/days
Recipient Home
Country
office
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AGREEMENT
This Agreement
Between:
Ministry of Foreign Affairs of Denmark / DANIDA
of:
Asiatisk Plads 2, DK-1448 Copenhagen K, Denmark
(hereinafter called “the Client”) of the one part
And
(Consultant´s name)
Of
(Consultant´s address)
(hereinafter called “the Consultant”) of the other part.
WHEREAS, the Client desires that certain Services should be performed by the Consultant, namely
Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
and has accepted a proposal by the Consultant for the performance of such Services.
THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:
In consideration for the performance of the Services, the Client shall pay to the Consultant the contract
price which amount shall be:
(Contract Price in figures and words – If phased included amounts in figures for both phases and the total contract prices
(only the latter in words).
Such Contract Price is the total amount of the Ceiling Amounts mentioned in the Schedule of Prices.
All amounts in the agreement are in Danish kroner (DKK) including all taxes, charges, and VAT.
Fluctuations in foreign prices and exchange rates are of no concern to the Client and will therefore not
result in any adjustment of the agreed total budget in Danish kroner.
If duties, taxes, VAT or other levies against expectations should be refunded such refund shall be paid
by the Consultant to the Ministry of Foreign Affairs, Danida.
1
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in Clause 1.1 of the General Conditions.
2
The following documents shall be deemed to form and be read and construed as part of the
Agreement, namely:
(a)
The minutes of the clarification meeting(s) (if any) including clarifications of Tender,
addenda and Q/A from the tender process.
(b)
The Conditions of the Agreement comprising the General Conditions and the Particular
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Conditions Part A and B).
(c)
The Appendices, namely:
Appendix 1 - Scope of Services
Appendix 1.1 – Consultant’s schedules of Tender
Appendix 2 - Personnel , Equipment, Facilities and Services of Others to be provided by the
Client
Appendix 3.1 Schedules of Prices
Appendix 3.2 Terms of Remuneration
Appendix 3.3 Terms of Payment
3
In consideration of the payments to be made by the Client to the Consultant under this
Agreement, the Consultant hereby agrees with the Client to perform the Services in conformity
with the provisions of the Agreement.
The Client hereby agrees to pay the Consultant in consideration of the performance of the
Services such amounts as may become payable under the provisions of the Agreement at the times
and in the manner prescribed by the Agreement.
4
If the Consultant is an association as a joint venture, consortium or other unincorporated
grouping of one or more entities (here called a joint venture), the following shall apply:
The joint venture hereby states:
-
that the members of the joint venture undertake, jointly and severally, the obligations of the
joint venture under the contract,
-
that the members of the joint venture appoints and authorizes the lead member (named)
with authority to bind the joint venture, and to act on its behalf in all matters in connection
with or arising out of this Agreement,
-
that the composition or constitution of the joint venture shall not be altered without prior
written consent by the Contracting Authority.
AUTHORISED SIGNATURE(S) OF CLIENT
Date:
Signature:
Name:
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AUTHORISED SIGNATURE(S) OF CONSULTANT (if a Joint Venture, authorized signature of all
members of the Joint Venture)
Date:
Signature:
Name:
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GENERAL CONDITIONS
The General Conditions shall be those of the FIDIC Client / Consultant Model Services Agreement, Fourth Edition 2006
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PARTICULAR CONDITIONS
A. References from Clauses in the General Conditions
1.1
Definitions
1.1.2
The Project is
Strengthening Ethiopia’s capacity to counter Money Laundering and
Illicit Financial Flows
1.1.6
Parties
A third party is the Recipient whose role shall be as described in the
Terms of Reference
Name of Recipient: Financial Intelligence Centre of Ethiopia and
Ministry of Justice, Ethiopia
Postal address:
Name of representative:
Email:
1.1.8
Consultant
Add the following text to the sub-clause:
If the Consultant is an association as a joint venture, consortium or
other unincorporated grouping of two or more entities (in these
conditions called a "Joint Venture") the following shall be added:
With reference to Clause 1.1.8 of the General Conditions the
Consultant is not a firm but a Joint Venture with members as stated in
the Agreement.
The entities: (member, member, . .) of the Joint Venture authorize
(name of firm) to be known as lead member with authority to bind the
Joint Venture, and to act on its behalf in all matters in connection with
or arising out of this Agreement.
The composition or constitution of the Joint Venture shall not be
altered without prior written consent by the Client.
The members of the Joint Venture shall undertake jointly and severally
the obligations of the Joint Venture under the Agreement.
For the purposes of the implementation of the Agreement, the Joint
Venture shall act as and be considered a single entity.
The joint venture agreement entered into by the members is attached
to this Agreement.
1.1.10
Commencement
Date
The Commencement Date shall be 30 days after the effective date,
unless otherwise agreed between the parties.
1.1.11
Time for
Completion
The Completion Date shall be 30 months after the Commencement
Date, or as alternatively agreed in writing between the parties to the
Agreement.
The Services shall, however, not be considered completed until
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acknowledged by the Client's approval of the Consultant's Completion
Report. The Client shall, however, not unreasonably withhold or delay
this approval.
1.3
Language(s) for Communications
1.3.1
Language(s) for
Communications
1.4
Language of the Agreement
1.4.1
Language of the
Agreement
The language of the Agreement shall be English.
Ruling language
The ruling language shall be the English language.
Governing Law
The law to which the Agreement is subject shall be the law of
Denmark.
1.6
The language for Communications shall be the English language.
Assignments and Sub-contracts
If the Consultant has proposed sub-consultant inset list and their part
of the Services with part and percentage:
(name, part and percentage/N.A.)
1.8
Notices
Client’s address:
HCP, Danida Business Contracts, Ministry of Foreign Affairs of
Denmark Asiatisk Plads 2, DK-1448 Copenhagen K, Denmark
Email:
danidacontracts@um.dk
Telephone number:
+45 3392 1430
Consultant’s address:
Email:
Telephone number:
2.7
Client's Representative
2.7
Client's
Representative
The Client will act in matters pertaining to the administration of the
Agreement, and has delegated the authority to act on its behalf for
matters pertaining to the implementation of the Services in the
Recipient Country to:
Name of representative: Rie Sjørslev Hansen
Postal address: Embassy of Denmark, Ethiopia
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Bole Kifle Ketema, Kebele
03, H. no. "New"
P.O. Box 12955
Addis Ababa
Ethiopia
Email address: riehan@um.dk
3.6
Consultant's Representative
3.6
Consultant's
Representative
The Consultant has delegated the authority to act on its behalf in
matters pertaining to the administration of the Agreement to:
Name of representative: (insert)
Postal address: (insert)
Email address: (insert)
and for matters pertaining to the implementation of the Services in the
Recipient Country to:
Name of representative: (insert)
Postal address: (insert)
Email address: (insert)
4.1
Agreement Effective
4.1.1
Agreement Effective The Agreement shall become effective on the day of the latest signature
necessary to complete the formal Agreement.
5.2
Time for Payment
5.2.1
Time for Payment
Replace the text of the entire sub-clause by:
Payments shall be made subject to the conditions as specified in
Appendix 3.
Amounts due for advance payment shall be paid within 30 days of the
date the Agreement becomes effective, presentation of the advance
payment security, and date of receipt of the invoice whichever is the
latest.
Amounts due for quarterly progress payments shall be paid within 30
days of receipt of the invoice.
Amounts due for the final payment shall be made within 45 days of
receipt of the final invoice and the audited final statement of accounts
and the Client's approval of the Consultant's Completion Report
whichever is the latest.
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Advance Payment
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Advance payment can be made by the Client subject to effectiveness of
the Agreement, and presentation by the Consultant of an advance
payment security (cf. Appendix 3 - Terms of Payment). Unless
otherwise decided by the Client the advance payments shall comprise:
30% of the Contract Price as specified in Appendix 3.1 - Schedule of
Prices.
Cash Flow Estimate The Consultant shall within 14 days of the Commencement Date
prepare and submit to the Client, for its information, a cash flow
estimate showing on a quarterly basis all projected payments to the
Consultant.
The cash flow estimate shall be updated semi-annually (per March and
September).
5.2.2
Agreed
Compensation for
Overdue Payment
The agreed compensation shall be 2 per cent points above the discount
rate of the Danmarks Nationalbank.
5.3.1
Currency of
Agreement
The currency of the Agreement is Danish Kroner (DKK).
The currency of payment of fees and reimbursable expenses is Danish
Kroner (DKK).
Reimbursable expenses incurred in other currencies than Danish
Kroner shall be converted into Danish Kroner (DKK) using the
exchange rate specified in Appendix 3- Terms of Payment.
6.2
Duration of Liability
6.2.1
Duration of Liability: Add the following text to the sub-clause:
The duration of the liability of the Consultant shall be from the
Commencement Date until five years after the Completion Date.
6.3.1
Limit of
Compensation:
Replace the text of the entire sub-clause by:
The maximum amount of compensation payable by the Consultant to
the Client in respect of professional liability under Clause 6.1 is "the
Contract Price" as stated in Appendix 3, unless otherwise agreed
between the parties.
7.1
Consultant's Insurance for Liability
7.1
Consultant's
Insurance for
Liability
8.3.
Arbitration
The Consultant confirms that he will take out before commencement
and maintain for the duration of the liability period, at its own cost, an
insurance policy against its professional liability under Clause 6.1 of an
amount of "the Contract Price" as stated in Appendix 3, unless
otherwise agreed between the parties.
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8.3.
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Rules of Arbitration Replace the text of sub-clauses 8.3.1 and 8.3.2 by:
If mediation as described in Clause 8.2 fails, the dispute shall be settled
finally and bindingly by "The Danish Institute of Arbitration" in
Copenhagen.
The law governing the arbitral proceedings shall be Danish, while the
language shall be English or as otherwise agreed between the parties to
the Agreement.
The arbitration panel shall decide the sharing of the costs of the panel
between the parties to the Agreement.
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PARTICULAR CONDITIONS
B. Additional Clauses
The parties are to include in this section any variations, omissions and additions to the General
Conditions.
Clause
1.1.1
Replace the text of the entire sub-clause by:
"Agreement" means the completed form of Agreement including the documents listed in
Clause 2 of the Agreement.
Background Documents as listed in Appendix 1 - Scope of Services are for information
only and the information given here may deviate from the specifications and requirements
of Appendix 1, 2, 3 and 4, which shall govern.
1. 1.16
"Danida" means the Ministry of Foreign Affairs of Denmark (in Copenhagen or the
representation in the Recipient's Country) funding partly or wholly the
Program/Component/Project.
1.1.17
"Recipient Country" means the country of the Recipient.
1.1.18
"Key Personnel" means any professional staff provided by the Consultant who provides
wholly or partly a specified part of the Services and includes project/assignment managers,
team leaders, resident engineers, advisers, specialists, experts and all other professional staff.
1.1.19
“Staff” of the Consultant means any person hired by the Consultant as employee and
assigned to the performance of the Services or any part thereof.
1.1.20
"Quality Assurance" means all the planned and systematic activities to be carried out under
the Agreement by the Consultant to assure that the outputs as defined in Appendix 1 Scope of Services are achieved at the required quality level.
1.1.21
"Business Integrity Management Plan" means the plan detailed by the Consultant for
preventing, detecting and sanctioning corrupt practises throughout the execution of these
Services and as defined in Appendix 1 - Scope of Services.
1.1.22
"Completion Report" means the final report prepared by the Consultant at the completion
of the Services (for detailed requirements refer to Appendix 1, Scope of Services).
1.1.23
"Cash Flow Estimate" means a schedule prepared by the Consultant, specifying the
Consultant’s estimated fees and reimbursable expenses over given time periods, usually
half-yearly.
1.2.3
Replace the text of the entire Sub-clause by:
The order of precedence of the documents of the Agreement is the Agreement followed by
the other documents in the order listed in Clause 2 in the Agreement.
1.7
Replace the entire text of Clause 1.7 with:
The Client shall be entitled, without any extra remuneration to the Consultant, to use the
material collected, prepared and acquired for the assignment for the purpose of the
continuation, further development and implementation of the assignment and the
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Program/Component/ Project. The same right shall apply to the other consultants, public
authorities and other entities connected with the assignment. On request, the Consultant
shall provide to the Client all such material. It can be provided in a digital form, if available.
The Consultant shall retain all other rights to its ideas and the material prepared by him.
The Consultant shall be entitled to keep at its disposal the material prepared by him in
connection with the carrying out of the assignment, provided that educational material, user
manuals, operating instructions and similar material shall be used only as a generic product
in connection with other assignments.
The Consultant shall ensure that the material prepared by him does not violate the
copyrights or any other exclusive rights of any third party and he shall indemnify the Client
for any claim or any cost in that connection.
Where the material is used by the Client, for purposes other than the actual assignment, the
Consultant shall not be responsible for any errors in and defects of the material.
The Consultant shall not, without the prior written consent of the Client, publish or make
public any material prepared by him in carrying out the assignment. This provision shall not
imply any limitation in the Consultant's rights under the abovementioned provisions.
1.9.1
Replace the entire text of the Clause 1.9.1 with:
For the duration of the Agreement and after completion thereof, the Consultant, its subconsultants and the staff of the Consultant and its sub-consultants shall treat all documents
and information received in connection with the Agreement as private and confidential, and
shall not, save in so far as may be necessary for the purposes of the performance thereof,
publish, or disclose any particulars of the Agreement without the prior consent in writing of
the Client.
However, with such consent, which shall not be unreasonably withheld, the Consultant may
publish descriptive articles, with or without illustrations, with respect to the Service or the
Works.
1.10
Add as Clause 1.10.3:
The Consultant shall be deemed to have breached Clause 3.3 also if it is shown that any of
the Consultant's Key Personnel are guilty of the actions described above.
1.10
Add as Clause 1.10.4:
The Consultant shall live up to Danida’s anti-corruption policy and to the UN Global
Compact.
2.3.1
Replace Sub-clauses (c), (d), (e) and (f):
(c) providing access to other organisations for collection of information which is to be
obtained by the Consultant.
3.2
Add at the end of Sub-clause 3.2.1:
In the event of Additional Services the Client shall issue Addenda to the Agreement in a
prescribed format.
Add at the end of Sub-clause 3.2.2:
In the event of Exceptional Services the Client shall issue Addenda to the Agreement in a
prescribed format.
3.3
Add after Sub-clause 3.3.1 and change Sub-clause 3.3.2 to 3.3.3:
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3.3.2
The Consultant shall
a. be deemed (so far as is practicable having regard to considerations of cost and time) to
have satisfied himself before entering the Agreement as to the extent and nature of
Services, Works, Staff, and materials necessary for the execution of the Services, and
to have obtained all necessary information as to risks, contingencies, and other
circumstances which may influence the Services or the Project.
b. always act, in respect of any matter relating to the Agreement or to the Services, as
faithful adviser to the Client, and shall at all times support and safeguard the Client's
and the Recipient's legitimate interests.
c. refrain from engaging in any activity that conflicts with its obligations towards the
Client under the Agreement, and when on assignment under the Agreement, the Staff
shall not engage, directly or indirectly, in any other work, business, or professional
activities in the Recipient Country other than the performance of their duties and
assignments under the Agreement.
d. keep separate, accurate, and systematic records in respect of the Services in such form
and detail as is customary in the profession including records of quality assurance
activities.
3.3.4
Add after Sub-clause 3.3.3:
The Consultant is responsible for the safety and security of the employees of the
Consultant, sub-contracting consultants, including local employees etc., also if the
assignment involves missions in an area of conflict or an area with high security risks.
3.4
Replace "Client's" by "Client's or Recipient's".
3.5.1
Replace Clause 3.5.1 by:
The Staff sent by the Consultant to work outside the country of the Consultant shall have
been physically examined and found fit for their assignment.
The following terms shall apply to Personnel provided by the Consultant:
(a) The positions, minimum qualifications, tasks, outputs, and periods of assignment of
Key Personnel shall be as described in the Scope of Services.
(b) The Key Personnel listed by position and name in Schedule 3 - Scope of Services, are
hereby approved by the Client.
(c) The Consultant may, with the prior approval of the Client, make such minor
adjustments of the periods of services specified in the Agreement as may be appropriate
in order to ensure an efficient performance of the Services, provided that such
adjustments will not cause payments made under the Agreement to exceed the ceiling
amounts as defined in Appendix 3- Schedule of Prices.
(d) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. However, the Consultant shall arrange for replacements in accordance with
the General Conditions Clause 3.7.2.
(e) In the event that any of the Key Personnel is no longer available and the Consultant
fails to propose a replacement with equivalent qualifications and experience and
acceptable to the Client, the Client shall have the right to terminate the Agreement
without thereby incurring any liability to the Consultant.
(f) The Consultant shall inform in due time the Recipient and the Danish Embassy
responsible for the Recipient Country of the date of arrival in and departure from the
Recipient Country of the Personnel.
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(g) Any taking of leave by Staff shall be subject to the prior approval by the Consultant
who shall ensure that absence for leave purposes will not delay the progress and
adequate performance of the Services, and who shall inform the Danish Embassy, not
later than two weeks in advance, of such taking of leave.
(h) The Consultant shall, in respect of Staff hired by the Consultant in the Recipient
Country, pay rates of wages, observe hours of labour, and provide conditions, amenities
and facilities not less favourable than those required by the law, fixed by the appropriate
wage fixing authority and generally recognised for similar work in the area.
(i) The Consultant shall, in respect of Staff hired by the Consultant, abide by the local laws
and the conventions of the International Labour Organisation.
(j) The Consultant shall live up to Danida’s anti-corruption policy and to the UN Global
Compact.
3.7.2
Add at the end of Clause 3.7.2:
(c) Where Key Personnel are replaced on request of the Consultant or by the Client for
reasons of established misconduct or inability to perform, the cost of replacement
(home travel by the replaced person and any dependents, outward travel by the
replacement and any Eligible Dependents, extra travel and other expenses due to the
number of Eligible Dependents or any overlap) shall be borne by the Consultant.
(d) Fee rates for replacement shall be calculated in accordance with the Conditions and
details stated in Appendix 3. The fee rate of a replacement shall not exceed that of the
replaced Staff. If the fee rate of a replacement is less than the replaces Staff, the
former rate shall apply.
5.4
Delete the entire text of Clause 5.4
5.6.2
Replace Clause 5.6.2 with:
Such records shall be sufficient to establish accurately that the time has been duly spent and
that the reimbursable expenses have been duly incurred for the performance of the
Services. Time spent on the Services by the Key Personnel and Other Staff whose
salary/wages are covered by the fees shall be recorded. In the event of Additional or
Exceptional Services, the records of time spent shall include a specification of the activities
of the Key Personnel and Other Staff.
In case the Consultant chooses to make its bookkeeping or part thereof locally, such
bookkeeping shall be available for inspection.
The Consultant shall permit the Client to inspect, at any time, the records and accounts
relating to the Services and to make copies thereof and shall permit the Client or any
person authorised by the Client, at any time, to audit such records and accounts both
during and after the provision of the Services, however not later than five years after
completion or termination of the Services.
7.1
Replace the entire text of Clause 7.1 by:
The Consultant shall, in addition to the insurance against professional liability under Clause
6.1 and the insurance against loss and damage to the property of the Client and the
Recipient as per Clause 7.2, take out and maintain full indemnity insurances from the
Commencement Date until the Completion Date, against
(a) civil liability in the event of accidents caused to third parties arising out of acts
performed by the Consultant and the Staff,
(b) employer's liability and workers' compensation in respect of the Staff and as well as
sickness, accident, or death affecting the Staff or their Eligible Dependents, including
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the cost of repatriation on health grounds,
(c) such other liability as required by the laws in force in the Recipient Country.
The costs of such insurances shall be expenses reimbursable by the Client.
The Consultant shall, when requested, produce to the Client, evidence of the insurance
policies in force.
7.2
Replace the entire text of Clause 7.2 by:
The Consultant shall take out and maintain a full indemnity insurance covering, from the
Commencement Date until the Completion Date, against
(a) loss or damage to the property of the Client and the Recipient made available by or
paid for by the Client or the Recipient or funded by Danida for use by the Consultant,
(b) liabilities arising out of the use of such property,
(c) loss or damage to property produced by the Consultant as part of the Services.
The expenses of such insurances shall be reimbursable by the Client.
The Consultant shall, when requested, produce to the Client, evidence of the insurance
policies in force.
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APPENDIX 1 - SCOPE OF SERVICES
(Appendix 1 comprises initially the original Terms of Reference. Later the Terms of Reference are supplemented by the
Tenderer's Technical Schedules as Appendix 1.1)
Terms of Reference for a Technical Expert Provider for the delivery of Danish
assistance within the area of countering Money Laundering and Illicit Financial Flows
in Ethiopia
1. Introduction
These Terms of Reference (ToR) relate to the appointment of a single Technical Expert Provider to
assist in the delivery of Danish support to the Ethiopian Financial Intelligence Centre (FIC), the
Ethiopian Ministry of Justice (MoJ) and other Ethiopian partners found relevant to include in the
engagement. The support is based on the wishes and input of these institutions to develop their
operations effectively and efficiently and in line with international best practice on anti-money
laundering (AML) and countering illicit financial flows (IFF).
The role of the Technical Expert Provider (TEP) will be to provide advice and support as requested to
maintain Financial Action Task Force (FATF) standards, organise workshops and provide technical
experts in line with the agreed deliveries and work plans, analytical and operational training, support in
developing Standard Operating Procedures (SOP) and communication strategies, advice on the Eastern
and Southern Africa Anti-Money Laundering Group (ESAAMLG) engagement and assistance to
increased engagement with Djibouti and Somalia on AML, support to implementation of action plan
for membership in other AML groups found relevant to seek membership of, advice and assistance to
Ethiopian Government in approaching other donors and budgeting for capacity development, and
reporting to the Embassy of Denmark in Ethiopia as stated in the engagement document.
The Danish support is funded from the Danish Peace and Stabilisation Programme for the Horn of
Africa 2015-2017. A contract of DKK 10 million will be entered with the winning tenderer. The
contract is to cover all fees and project related expenses for the Technical Expert Provider’s experts
during the inception as well as the implementation phase. For 2015 DKK 2 million have been
committed to the engagement. It is expected that additional DKK 4 million will be committed in 2016
and again in 2017. This awaits the outcome of the negotiation of the Danish Finance Act for 2016 and
2017. The Peace and Stabilisation Programme for the Horn of Africa 2015-2017 awaits ministerial
approval in April 2015.
The contract awarded to the Technical Expert Provider is assumed by an agreement between the
Government of Ethiopia and the Royal Danish Embassy in Addis Ababa. The Embassy will engage
relevant Ethiopian government agencies to develop and sign an agreement concurrently with the tender
process. The agreement is expected to be ready around June 2015. The contract with the TEC depends
on the agreement with the Ethiopian Government and there may be minor adjustments to match the
inputs and targets laid out by the Ethiopian stakeholders.
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2. Background
Ethiopia’s economy and financial sector has been developing stronger connections with international
financial systems. As this occurs, there are growing opportunities to exploit its banks, money dealers
and trade flows to transfer, conceal and launder illicit financial flows (IFFs).
IFFs and money laundering are challenges not just in the Horn of Africa region but across Africa. A
recently published report by the Economic Commission for Africa on IFFs in Africa estimates that the
continent has lost over USD 1 trillion in the last 50 years from IFFs - a sum roughly equivalent to the
Official Development Assistance (ODA) received by African countries in the same timeframe. IFFs
not only impede economic development but are also connected to criminal activities such as money
laundering and funding of terrorist activities.2 The World Bank connects IFFs to pirate activities in the
Horn of Africa region in a report from 2013 and outlines how proceeds from piracy are moved within
the region e.g. via money laundering. The report recommends improving regional cooperation and
collaboration on Anti-Money Laundering (AML) and countering IFFs stating that the countries in the
region “should adopt policies and procedures that encourage cooperation, collaboration, and
information sharing among all competent authorities within countries and across the region.”3
Ethiopia has recognised the threat from IFFs and in recent years taken steps to strengthen it’s
regulatory and human capacity within its AML-regime and has achieved significant results over the last
couple of years. In 2009 Ethiopia created its legal AML-framework and established a Financial
Intelligence Centre (FIC) that began limited operations in 2011 designated as the central authority for
handling money-laundering and terrorist financing. Since 2010 Ethiopia has been part of the Financial
Action Task Force’s (FATF) monitoring process under the FATF’s on-going global AML-compliance
process. Based on FATF recommendations Ethiopia developed an action plan to strengthen its AMLregime and in October 2014 Ethiopia was removed from the list of countries under the FATF
monitoring process due to significant progress in the improvement of its AML-regime. In September
2013 Ethiopia became a member of the Eastern and Southern African Anti-Money Laundering Group
(ESAAMLG) strengthening Ethiopia’s regional cooperation on AML-issues and establishing Ethiopia
as a regional AML-capacity.
These results were achieved under the first phase of the Peace and Stabilisation Programme for the
Horn of Africa 2011-2014 as part of a capacity-development programme with the FIC and the
Ethiopian Ministry of Justice (MOJ). The programme was implemented by a number of technical
experts including UNODC, the Danish State Prosecutor for Serious Economic and International
Crime and the Global Center on Cooperative Security (GCCS).4 GCCS was chosen to manage the
programme following a competitive tender in the first half of 2013. The programme focused on
developing the legislative and regulatory framework in Ethiopia, on exposing the FIC to international
practices and on providing basic training to Ethiopian officials primarily in the FIC and MOJ. The
Ethiopian partners have demonstrated a strong interest to engage in what is likely to be a medium-term
effort in strengthening protection and punishment against illicit financial flows.
2
See ”Report of the High Level Panel Report on Illicit Financial Flows from Africa (2015)”, p.13, 31, 40.
“Pirate Trails: Tracking the Illicit Financial Flows off the Horn of Africa (2013)”, p. 4.
4
At that time called the Center on Global Counterterrorism Cooperation (CGCC).
3
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The rationale for this engagement is:






The regional significance of Ethiopia’s growing integration with the international financial
system. Of greatest interest are the links between Ethiopian financial systems and money
associated with piracy and violent extremist groups in Somalia and the Horn of Africa.
The potential for tighter restrictions on illicit financial flows to and from the Horn of Africa
region and especially Somalia to degrade the freedom of operation and profitability of violent
extremist groups.
The potential for positive spill-overs from capacity development of Ethiopian AML-regime to
drive building of regional capacities to counter money laundering and IFFs.
The positive relationship and cooperation this work supports between Denmark and Ethiopia as
well as Ethiopia and other countries in the region.
Continued need and request for support from Ethiopia creating a high degree of local ownership
and partner driven engagement.
Demonstrated progress to date and good prospects to build on initial steps and create positive
regional spill-overs.
2. Objective of the Danish support to countering money laundering and illicit financial flows
The objective of the Danish support is to Improve Ethiopia’s capacity to deter, detect and punish facilitators of
illicit financial flows and strengthen Ethiopia’s role in regional cooperation on AML-issues.
Intended outcomes of the support and principal outputs:
Engagement
Objective
Outcome
Outcome
indicator
Output
Output
indicator
Activities
A.1.1.1.a
A.1.1.1.b
A.1.1.1.c
Outcome
Outcome
indicator
Output
Output
indicator
Output
A.1. Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial
Flows
Improve Ethiopia’s capacity to deter, detect and punish facilitators of illicit financial flows and strengthen
Ethiopia’s role in regional cooperation on AML-issues
A.1.1. Maintaining compliance with FATF recommendations
# of Compliant and Largely Compliant assessments
A.1.1.1. Advice on regulations and legislation
Written and verbal advice confirmed by Ethiopian FIC, MOJ and other relevant stakeholders
Workshops on regulatory and legislative compliance
Advice as requested on methods and options for regulations and legislation
Support in maintaining current standard to respond to FATF assessments
A.1.2. Increased enforcement against illicit financial flows and expanding public awareness
# of cases initiated for suspected AML violations
A.1.2.1. Training delivered to FIC, MOJ and other relevant stakeholders
# of person-days of training
Trainee average rating of training quality (0-5)
Tender for Strengthening Ethiopia’s capacity to counter Money Laundering and Illicit Financial Flows
indicator
Output
indicator
Activities
A.1.2.1.a
A.1.2.1.b
A.1.2.1.c
Outcome
Outcome
indicator
Outcome
indicator
Output
Output
indicator
Output
indicator
Activities
A.1.3.1.a
A.1.3.1.b
A.1.3.1.c
A.1.3.1.d
Outcome
Outcome
indicator
Outcome
indicator
Output
Output
indicator
Output
Output
indicator
Output
Output
indicator
Activities
A.1.4.3.a
A.1.4.3.b
A.1.4.3.c
A.1.4.3.d
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Enhanced inter-governmental cooperation and public-private sector engagement
Analytical and operational training
Provide support in developing SOPs
Communication strategy including website development and outreach campaigns
A.1.3. Ethiopia will increase its engagement in regional AML-cooperation
On-going regional dialogue on AML-issues
Broader regional cooperation and information sharing on AML
C.2.3.1 Focus on the importance of regional cooperation will increase and be incorporated as in
Ethiopia’s AML-regime
ESAAMLG participation
Membership of other relevant AML groups
Advice as requested on ESAAMLG engagement
Advice and assistance to increased engagement with Djibouti and Somalia on AML
Support to implementation of action plan to apply for membership of other relevant AML groups
A.1.4. More support to AML from Ethiopian Government and foreign partners
$ funding from foreign partners to develop Ethiopian financial systems
PSF no longer required on AML
A.1.4.1. Increased FIC Budget
$ FIC Budget
A.1.4.2. Liaison with other donors
# reports of donor interest
A.1.4.3. Ethiopian Government requests support from other donors
# of reports of Ethiopian requests
Advice to FIC in Budgeting for capacity development
Advice and assistance to Ethiopian Government in approaching other donors
Advice as requested on methods and options for regulations and legislation
Support in responding to FATF assessments
4. Role of the Technical Expert Provider
The Technical Expert Provider’s role in relation to each of the partners is briefly described in the
following sections:
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4A. Focus of the support to the FIC
Providing technical support to the FIC is the core of the Technical Expert Provider’s role. To succeed,
the team of the Technical Expert Provider is expected to actively engage with counterparts to ensure
that the following outputs are satisfactorily accomplished:








Development of a delivery plan with FIC for the Danish supported engagement based on the
FIC strategic plan and FIC inputs as well as an Action Plan/Road Map to implement the
delivery plan. This should include Ethiopia’s engagement in the ESAAMLG and potential
membership of other AML-groups found relevant for Ethiopia.
The FATF standards are maintained and further integrated into FIC planning and operations.
This includes providing on-going support and guidance to ensure that previous progress are
kept and the selection of an IT system and engagement with other stakeholders is continued.
FIC staffs are trained in technical Financial Intelligence Unit (FIU) functions. Training should
be planned according to previous training activities and build on these. Previous training
subjects include: Advanced Financial Intelligence, Standard Operating Procedures,
Collaborative Financial Intelligence, International Frameworks on Sanctions and Asset
Freezing, Regulatory Standards for Reporting Entities, Role of Financial Institutions in Driving
Economic Growth, Regulatory Standards of Financial Service Providers, Risks Associated with
New Technologies, Economic Crime and Multiagency Cooperation, Multi-Faceted role of the
FIC.
Training relating to the new AML law and international standards given to prioritized reporting
entities such as public and private banks (first priority), associations of lawyers, accountants,
real estate agents, micro-finance enterprises, and insurance (second priority) and NGOs (third
priority) .
The FIC is equipped with adequate and finalized Standard Operating Procedures (SOPs) in
relation to core FIC functions, including administrative procedures and fund management
capacity, to enable an effective and efficient operation.
Inter-government agency cooperation and knowledge-sharing is improved as well as
government sector awareness (including the FIC Board of Directors) on AML. Trainings
should when possible include other relevant stakeholder, including, MoJ, National Bank of
Ethiopia, Ethiopian Revenue and Customs Authority (ERCA), Federal Police Commission
(FPC) and Federal Ethics and Anti-Corruption Commission (FEACC) to strengthen intergovernmental agency cooperation.
Regional cooperation on AML and information sharing are strengthened, support on-going
regional dialogue on AML-issues. This includes the ESAAMLG group as well as Djibouti and
Somalia. The regional cooperation can entail joint trainings and workshops as well as site visits
to other FIUs.
FIC engagement with other potential donors to ensure support following the end of the Danish
engagement in 2017.
4B. Focus of support to the Ministry of Justice
The Government of Ethiopia have wished to extend the level of awareness of AML across the law
enforcement communities and relevant government institutions.
The first phase of the Danish support has focused on training of officials and development of materials
and manuals. Development of practitioner-oriented training manuals has been delayed during the first
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phase due to a high-turnover rate at the MoJ. Training has been successful with 40 officials from the
MoJ and other key agencies participating in train the trainer sessions and an additional 250 officials
have participated in regional trainings in the Tigray, Amhara, Oromia, Southern and Dire Dawa region.
Participants have come from ERCA, FPC, FEACC, Federal Supreme Court, The National Bank of
Ethiopia and regional justice bureaus. Expected outputs for the second phase (2015-2017 part of this
tender) are as follows:



Practitioner-oriented training manuals are to be finalized during the second phase.
The TEC should continue to upgrade the technical skills and knowledge of officials concerning
law enforcement, prosecution, judicial, parliament, financial and regulatory institutions.
Experience from the first phase suggests that one area for continued technical assistance would
be through the intelligence and investigation process, including capacity building for law
enforcement and judicial professionals on AML.
Expanding public awareness of AML laws, issues and roles of relevant institutions among the
general public in Ethiopia. This will be achieved through continued support to the MoJ in
developing communication strategy, including website development and outreach campaigns.
Upon consultation with the Ministry of Justice, the Technical Expert Provider will submit an updated
timetable, for the assignment including specific dates for the various deliverables, trainings, assessments
and completion. This will serve as the final work plan for the in-put and training.
It is expected that a team of technical experts with the required Ethiopian and international experience
will quality assure the training. The scope of work for the technical experts for the support to Ministry
of Justice will include but is not necessarily limited to the following:

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




Familiarise themselves with the relevant international and local material to properly assess
whether all material and training comply with international law and standards as well as
Ethiopian law.
Make a thorough assessment of the training materials, which will be developed by trainers in
the Ministry of Justice for the above mentioned two topics and, to the extent necessary, provide
a concrete proposal for revisions to the material to make way for compliance with international
standards. The training material shall ultimately feed into the Ministry’s final training manual.
Ensure that the final versions are in accordance with international standards.
Organise cases/typologies suitable for the manuals to use for the training.
Provide training and support where needed.
Provide comments to potential AML brochures for public awareness
Advise MoJ on the communication strategy and action plan with reference to AML.
4C. Focus of Support to other Key Government Agencies
The FIC have stated a need to expand the second phase of activities to include a number of additional
government agencies and stakeholders related to Ethiopia’s AML capacity. This has also been one of
the main findings in the first phase; as Ethiopia continues to build its AML-regime beyond the receipt,
analysis and dissemination of suspicious transaction reports, it will become important to expand
engagement to key stakeholders outside of the FIC and reporting entities. Suggested entities may
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include: the Federal Police Commission (FPC), the Ethiopian Revenues and Customs Authority
(ERCA), the Federal Ethics and Anti-Corruption Commission (FEACC) and National and Commercial
banks in addition to the FIC and MOJ. Several of these actors have already participated in training
sessions under the first phase and are as such familiar with the Danish engagement.
Upon consultation with the FIC, the MOJ and entities mentioned above, the Technical Expert
Provider will submit an updated timetable, for the assignment including specific dates for the various
deliverables, trainings, assessments and completion. This will serve as the final work plan for the in-put
and training.
4D. Research Report: Exploration of Options for Support to Somalia AML-regime
The Technical Service Provider will in coordination with the Danish Embassy in Addis Ababa explore
options for future capacity building of Somalia’s AML-regime to establish potential support
mechanisms. The TEC will apply up to DKK 200.000 of the budget to this task and deliver an
assessment report to the Embassy in Addis Ababa including an overview of Somalia’s current AMLregime, main challenges and recommendations for donors on how to potentially establish and design a
support programme to develop the capacity of Somalia’s AML-regime. The budget allocated for this
report may cover field trips to Somalia, research and other activities found relevant to produce the
report. The TEC will submit a concept note for the report at the latest in the fourth quarter of 2015
including a preliminary budget. The embassy may choose to postpone the report depending on the
situation in Somalia or direct the funds to the AML-activities in Ethiopia or a similar report with a
different scope.
5. Approach and methodology
The Danish support is based on the needs of partners to develop their capacities. To this the Technical
Expert Provider will mobilize the support in accordance with the concept notes/project plans of the
partners and the formal agreements between the Danish Embassy and the partners concerned for the
support.
For the support to the Financial Intelligence Center, the successful Tenderer is expected to develop a
delivery plan for submittal and approval to the FIC and the Danish Embassy. In consultation with FIC
the Technical Expert Provider will assess the capacity development needs of FIC and the delivery plan
will be developed based on this assessment and with a view to the available budget 5 and time. The
assessment should also consider FIC’s strategic plan. The Technical Expert Provider shall propose the
expert or team of experts required to implement the proposed delivery plan. CVs of those experts shall
A contract of DKK 10 million will be entered with the winning tenderer. The contract is to cover all fees and
project related expenses for the Technical Expert Provider’s experts during the inception as well as the
implementation phase. For 2015 DKK 2 million have been committed to the engagement. It is expected that
additional DKK 4 million will be committed in 2016 and again in 2017. This awaits the outcome of the
negotiation of the Danish Finance Act for 2016 and 2017.
5
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be included in the inception report. The delivery plan should also include a detailed budget and the
proposed experts have to be approved by the FIC as well as the Danish Embassy before
implementation can begin. No expert can be fielded without first being approved by the recipient and
the Danish Embassy. These experts are expected to have specific working experience from Ethiopia
and/or have regional/international experience The FIC will ensure that Ethiopian stakeholders are
available for training at the appointed times The delivery plan shall be within the overall available
budget. This document will form the basis for the implementation and it should be simple and in an
understandable format. The inception phase should be completed within 4 weeks of the starting date.
This phase will entail a visit to Ethiopia by the team leader and the expert with specific working
experience from Ethiopia to engage in discussion with FIC and the Embassy and to assess the capacity
development needs of FIC.
For the support to the Ministry of Justice and additional government agencies, the successful Tenderer
will discuss with the Ministry of Justice, the government agencies and the Danish Embassy during the
inception phase on the timeline for the implementation of the activities. The relevant experts and team
leader will:







Support the MoJ throughout the process in assessing material, provide concrete input for
revisions of manuals, ensuring that trainers are appropriately equipped to manage the training in
accordance with the material as well as provide advice and support during the trainings. All
training documents must be agreed with the Ministry of Justice.
Develop final manuals and provide training relating to The Role and Function of a National
Financial Intelligence Centre. The manuals will follow the principles of effective adult training
techniques. The training should include case studies and typologies appropriate for each topic.
The training should also include individual and group concept application exercises as deemed
relevant.
Check that the Amharic translated material accurately reflects the final English version. The
material will be developed in both English and Amharic.
Upon completion of the project, the experts will facilitate an all major stakeholders debriefing
workshop to discuss the training and its impact and brainstorm on lessons-learned.
The team leader will provide continuous coordination inputs to this training
Remain available for the trainers throughout the training to ensure technical expertise is readily
available.
Provide a completion report to the Ministry of Justice and the Embassy of Denmark stating the
activities undertaken, the results of the technical assistance and financial reporting.
For the services to both the Ministry of Justice and the Financial Intelligence Centre, the Technical
Expert Provider through the team leader and the expert with experience from Ethiopia must ensure
that the technical assistance secures: (a) local ownership, and (b) cost-effectiveness
In summary, the Technical Expert Provider is expected to provide the following key roles:


Acting as sparring partner/providing mentoring for senior FIC management and the Ministry
of Justice as required in relation to strategic planning of the Danish support package
Identifying and contracting technical experts
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Providing and facilitating capacity development events as relevant to the strategic plan/action
plan
Promoting linkages to international best practice
Quality Assurance, Monitoring, including risk monitoring, of the Danish support
Narrative and financial reporting to the Danish Embassy relating to programme
implementation and the use of Danish funding.
Sustainable institutional capacity will be achieved through working closely with counterparts
and providing mentoring services as well as formal training.
6. Capacity required:
It is a requirement that the entity bidding for this contract has been involved in at least 2 projects or
consultancies on AML in the last three years with 1 being in Eastern Africa.
6A. Core team
(i) Team Leader:
The Technical Expert Provider will ensure that the team leader is available for the life of this support to
FIC and MoJ. It is expected that he/she will spend at least 5 full days input per month. Some of these
days may be in Ethiopia, but that will need to be detailed out in the delivery plan.
The profile of the team leader expected is:
General qualifications and experience




A master degree in a relevant field
5 years of relevant professional experience, including with AML
Relevant working experience from at least three countries
Thorough experience with project/programme planning and management
Adequacy for the assignment
 Extensive knowledge and experience with AML international, regional and local regulations and
framework
 Experience in developing standard operating procedures in line with international standards
 Experience of working on capacity assessment and development of public institutions
 Ability to work with public institutions and international organisations
 Knowledge of the Financial Action Task Force (FATF) and its mandate
 Knowledge of the work of other regional and international organisations involved in the fight
against money laundering and terrorist financing
 Experience in conducting mutual evaluations of countries’ AML frameworks is an advantage
 Experience in the legal and financial aspects of money laundering and terrorist financing is an
advantage
Experience in the region and language
 Relevant experience from the region
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 Experience from Ethiopia is an advantage
 Fluent English
(ii) Expert with experience from Ethiopia:
This expert will primarily be involved in working closely with FIC and dealing with technical experts,
banking sector and other stakeholders in-country on the support to FIC. It is expected that this expert
will provide at least 3 days input per month throughout the life of this contract. The preferred expert
would have the following profile:
General qualifications and experience
 A master degree in a relevant field
 3 years of relevant professional experience
 Previous working experience from a donor funded project or programme
Adequacy for the assignment
 Knowledge of/experience working with judicial issues in Ethiopia
 Understanding of how the remittance systems, particularly hawala, are used in Ethiopia and the
region
 Experience of working with public institutions in the Horn of Africa and specifically in
Ethiopia
 Knowledge and experience in AML/CTF regional and local regulations and framework would
be an advantage
 Experience of working with local or regional institutions in the Horn of Africa in the area of
AML/CTF is an advantage
Experience in the region and language
 Relevant experience from Ethiopia and /or the region
 Fluent Amharic is desired
 Fluent English
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6B. Short Term Experts
(i)For the services to the Ministry of Justice and other key government agencies, a pool of two
experts is envisaged with the following qualifications and experience (CVs of these experts
should be submitted along with the inception report):
General qualification and experience (both experts)
 A master degree in a relevant field
 At least 5 years of relevant professional experience
Adequacy for the assignment (The experts may complement each other, but they should preferably both meet the first
three criteria listed below.)




Experience working with public institutions and international organisations
Proficient in developing training material
Experience in training- of- trainers, conducting training.
Extensive knowledge and experience with AML international, regional and local regulations and
framework
 Understanding of the role and function of a Financial Intelligence Unit (FIU) is desired
 Knowledge of the Ethiopian Financial Intelligence Centre (FIC) mandate and functions is
desired
 Experience in the legal and financial aspects of money laundering and terrorist financing
Experience in the region and language (The experts may complement each other)




Relevant experience from the region
Experience from Ethiopia is an advantage
Fluent English
Fluent Amharic would be an advantage
(ii) For the services to FIC – an additional 2 experts is envisaged. CVs of these experts should be
submitted along with the inception report. Indications on the experience mix of the key experts are
given below:
International profile:
General qualification and experience




A master degree in a relevant field
Relevant experience from at least three countries
At least 10 years of relevant experience
Previous experience from work with/within organizations like the FIC
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Adequacy for the assignment
 Good experience with capacity development of public institutions.
 Thorough experience with the task/field for which the person is being proposed
Experience in the region and language
 Relevant experience from the region
 Experience from Ethiopia an advantage
 Fluent English
Regional profile:
General qualification and experience




A master degree in a relevant field
Relevant experience from countries in the region
At least 5 years of relevant experience
Previous experience from work with/within organizations like the FIC
Adequacy for the assignment
 Good experience with capacity development of public institutions.
 Thorough experience with the task/field for which the person is being proposed
Experience in the region and language
 Relevant experience from the region
 Experience from Ethiopia an advantage
 Fluent English
Knowledge and experience that may be required include among others:
 Extensive knowledge and experience with AML/CTF international, regional and local
regulations and framework
 Experience in conducting mutual evaluations of countries’ AML/CFT frameworks
 Knowledge of the Ethiopian Financial Intelligence Centre (FIC) mandate and functions
 Experience in the legal and financial aspects of money laundering and terrorist financing
 Experience in developing operating procedures and action plans in line with international
standards
 Knowledge of the Financial Action Task Force (FATF) and its mandate
 Experience on the core functions of FIU and financial sector regulatory environment including
AML/CFT supervision of financial sector and issuing guidelines to financial institutions
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 Experience in developing legal framework and procedures to identify and freeze terrorist assets
(iii) For the assessment report regarding Somalia 2 experts are envisaged (these may be identical
with other experts mentioned above) CVs of these experts should be submitted along with the
concept note for the study. Indications on the experience mix of the key experts are given below:
Expert 1
General qualifications and experience
 A master degree in a relevant field
 5 years of relevant professional experience, including with AML
 Relevant working experience from at least three countries
Adequacy for the assignment
 Extensive knowledge and experience with AML international, regional and local regulations and
framework
 Experience in developing standard operating procedures in line with international standards.
 Experience of working on capacity assessment and development of public institutions
 Ability to work with public institutions and international organisations
 Knowledge of the Financial Action Task Force (FATF) and its mandate.
 Knowledge of the work of other regional and international organisations involved in the fight
against money laundering and terrorist financing.
 Experience in conducting mutual evaluations of countries’ AML frameworks is an advantage
 Experience in the legal and financial aspects of money laundering and terrorist financing is an
advantage
Experience in the region and language
 Relevant experience from the region
 Experience with Somalia is an advantage
 Fluent English
Expert 2
General qualification and experience




A master degree in a relevant field
Relevant experience from countries in the region
At least 3 years of relevant experience
Previous experience from work with/within organizations like the FIC
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Adequacy for the assignment
 Good experience with capacity development of public institutions.
 Thorough experience with the task/field for which the person is being proposed
Experience in the region and language
 Relevant experience from the region
 Experience with Somalia is an advantage
 Fluent English
Knowledge and experience that may be required include among others:
 Extensive knowledge and experience with AML international, regional and local regulations and
framework
 Experience in conducting mutual evaluations of countries’ AML frameworks
 Experience in the legal and financial aspects of money laundering and terrorist financing
 Experience in developing operating procedures and action plans in line with international
standards
 Knowledge of the Financial Action Task Force (FATF) and its mandate
 Experience on the core functions of FIU and financial sector regulatory environment including
AML supervision of financial sector and issuing guidelines to financial institutions
7. Availability
The Experts will be available for consultation and technical inputs with Ethiopian counterparts as
required by the delivery plans for the Danish support.
8. Management
Representatives from MOJ, FIC and the Danish Embassy will regularly meet to monitor the
programme.




Approve the work plans and budget
Monitoring of programme implementation and consolidating lesson learnt
Decisions regarding deviation from plans laid down in programme support documentation,
including reallocations, changes in outputs, indicators, activity plans, etc.
Promoting the linkages between the Danish support and other donors
The meetings will be chaired by the Embassy to start with and the representatives will initially meet on
a quarterly basis. The Technical service provider will be invited to attend these meetings.
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9. Requirements to the Consultant’s Reporting
The Technical Expert Provider will be directly accountable to the Embassy and is expected to provide
reporting as follows:



Inception report detailing further the TA plan
Progress and financial reports (semi-annual and annual) and a completion report, which will
follow the formats suggested in Danida’s Guidelines, unless other formats are agreed with FIC
and the Danish Embassy
After each TA – mission (including input by the Team Leader), the Consultant will submit a
brief mission report to FIC and the Danish Embassy, outlining the activities and achievements
of the mission, what is to be achieved between missions and the plans for the coming mission,
if applicable
10. Requirements to the Consultant’s Home office management technical back-up, quality
assurance and business integrity management
The Consultant’s home office shall provide the following, to be covered by the Consultant’s fees:



General home office administration and professional back-up;
Implementation of the business integrity management plan;
Quality assurance (QA) of the consultancy services as described in the Consultant’s technical
tender.
The Tenderer should select someone who is not directly involved in the implementation to be
responsible for QA. The CV of this person shall be included in the technical tender. All QA activities
shall be properly documented.
The technical tender shall comprise a detailed description of the proposed QA, in order to document
that the Tenderer has fully internalised how to implement the QA and in order to enable a subsequent
verification that the QA has actually taken place.
11. Time Schedule
The contract is expected to commence 1 July 2015 and end 31 December 2017 with the first input
from the Team Leader no later than July 2015.
12. Financial Proposal
A contract of DKK 10 million will be entered with the winning Tenderer. The contract is to cover all
fees and project related expenses connected to the inception as well as the implementation phase of this
assignment.
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To allow for evaluation, the financial proposal must present all costs related to the fees and project
related expenses for the inception phase. In addition, the financial proposal must also include:
both daily fee rates and the total fee for 150 days for each of the following types of experts6:
 the Team Leader,
 expert with specific working experience from Ethiopia,
and both daily fee rates and the total fee for 100 days for each of the following types of experts:
 expert for FIC with international profile,
 expert for FIC with regional profile
and both daily fee rates and the total fee for 40 days for each of the following types of experts:
 expert 1 for the MoJ
 expert 2 for the MoJ
 expert 1 for assessment report
 expert 2 for assessment report
In addition, the financial proposal must also include:
 the cost of per diem per day in Addis Ababa, and for 150 days, (Per diem should cover the
costs listed in clause 3.4 of 3.2 Terms of Remuneration, Appendix 3 of the Tender Document).
 The cost of per diem per day outside of Addis Ababa, and for 10 days.
 The cost of per diem per day in Somalia, and for 5 days.
 The cost of 20 return flights from home base to Addis Ababa for the Team Leader.
The total cost of the above will be used for the price evaluation. Please use the table in Appendix 3 –
3.1 Schedule of Prices for the financial proposal.
The daily fees provided for the various experts shall include overhead, back office support, including
home-office support from other experts, administration, and quality assurance, cf. 3.2 Terms of
Remuneration of Appendix 3, and shall remain valid for the entire duration of the project. The daily fee
rates, per diem rates and unit cost of trips presented will be used for the implementation phase of the
assignment.
13. Background Documents
 (Draft) Peace and Stabilisation Engagement Document (PSED), “Strengthening Ethiopia’s capacity to
countering Money Laundering and Illicit Financial Flows”
 Baseline Study on Anti-Money Laundering and Countering the Financing of Terrorism in the IGAD
Subregion, May 2012
 The Anti-Money Laundering and Countering Terrorist Financing Regime in Ethiopia, Second Assessment
Report, February 2013
 World Bank, Pirate Trails: Tracking the Illicit Financial Flows from Pirate Activities, November 2013
The experts must all meet the qualification requirements as described under section 6 of these Terms of
Reference.
6
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 Strengthening AML/CFT Capacities in Ethiopia, Final report, January 2015
 FATF Public Statement, 24 October 2014
 Illicit Financial Flows, Report of the High Level Panel on Illicit Financial Flows from Africa, January 2015
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APPENDIX 2 – PERSONNEL, EQUIPMENT, FACILITIES AND SERVICES
OF OTHERS
(i)
Provided by the Client:
The Client shall make available or arrange to make available the following Staff, equipment, facilities
and services to the Consultant free of charge.
These shall be made available to the Consultant at such time or times as stated in the Consultant's work
plan or otherwise as will be consistent with the Services to be carried out by the Consultant and so as
not to hinder or disturb the planned activities of the Consultant.
(a)
Personnel
Not applicable
(b)
Equipment
Not applicable
(c)
Facilities
Not applicable
(d)
Services
Not applicable
(ii)
Provided by the Recipient (if applicable): Not applicable
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APPENDIX 3 - REMUNERATION AND PAYMENT
Appendix 3 comprises
3.1 - Schedule of Prices (to be completed by the Tenderer)
3.2 - Terms of Remuneration
3.3 - Terms of Payment
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3.1 - SCHEDULE OF PRICES
(To be completed by the Tenderer)
The Schedule of Prices comprises this summary page and the Forms
(i)
Breakdown of Fees
(ii)
Breakdown of Project related expenses
The payment to the Consultant by the Client comprises fees and reimbursement of expenses within the
ceiling amounts and sub-ceiling amounts as specified below and detailed in the Breakdown of Fees and
Breakdown of Reimbursable Expenses, all subject to Appendix 3.2 - Terms of Remuneration.
The Ceiling Amounts are the sums of the prices.
(all prices are quoted in Danish Kroner).
Ceiling amount
Total
Fees
Project related expenses
Contract price
Contract Price: (insert the total ceiling amount in words as e.g. DKK three million three hundred and fifty seven
thousand and sixty three.)
All amounts in the agreement are in Danish kroner (DKK) including all taxes, charges, and VAT.
Fluctuations in foreign prices and exchange rates are of no concern to the Client and will therefore not
result in any adjustment of the agreed total budget in Danish kroner.
(The following Forms shall as applicable be filled in with
-
The description, number of units, rate/price per unit converted to DKK for each budget line (add extra
budget lines as applicable),
-
The computed amount for each budget line,
-
The sub-ceiling amounts, and
-
The transfer of the ceiling prices to this page, calculation of the Price for each Phase and calculation of the
Total Price as the sum of the Prices for each Phase.)
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Schedule of prices – Breakdown of Fees
Code
Position
A.1
Long Term Key Personnel
Name
Unit:
Months
Number
of units
A.1.1
A.1
Sub-ceiling amount
A.2
Short Term Key Personnel
A.2.1
Team Leader
150
A.2.2
Expert with experience from
Ethiopia
150
A.2.3
Expert for FIC with international
profile
100
A.2.4
Expert for FIC with regional
profile
100
A.2.5
Expert 1 for the MoJ
40
A.2.6
Expert 2 for the MoJ
40
A.2.7
Expert 1 for assessment report
40
A.2.8
Expert 2 for assessment report
40
A.2
Sub-ceiling amount
A
Total Fees
Days
Rate DKK
Amount DKK
Amount DKK
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Schedule of prices – Breakdown of Project related Expenses
Code
Description
B.1
Travel during inception phase
Unit
Number
of units
B.1.1
B.1.2
B.1.3
B.1.4
B.1.5
B.1
Sub-ceiling amount
B.2
Travel
B.2.1
Team leader: Return flights from home base to Addis Ababa
B.2.2
B.2.3
B.2.4
B.2
Sub-ceiling amount
Schedule of prices – Breakdown of Project related Expenses
20
Unit Price
Amount DKK
Amount DKK
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Code
Description
Unit
B.3
Subsistence allowance
Day
B.3.1
Per Diem during inception phase
B.3.2
Per Diem in Addis Ababa
B.3.3
Per Diem outside of Addis Ababa e.g. Adama, Awassa, Bahir Dar, Mekele
and Dire Dawa
B.3.4
Per diem in Somalia
B.3
Sub-ceiling amount
B.4
Other project related expenses
B.4.1
B.4.2
B.4.3
B.4.4
B.4.5
B.4
Sub-ceiling amount
B
Total project related expenses
A+B
Number
of units
150
10
5
Unit Price
Amount DKK
Amount DKK
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3.2 - TERMS OF REMUNERATION
1.
Total Price, Ceiling Amounts and Sub-ceiling Amounts
1.1
The remuneration for the Services comprises fees and reimbursable expenses as detailed in the
Schedule of Prices and within the limits of the ceiling amounts and sub-ceiling amounts specified.
The ceiling amounts are sub-divided into sub-ceiling amounts as follows:
All amounts shall be in DKK.
A
1.2
Fees
Ceiling Amount
A.1 Long term Key Personnel
Sub-ceiling Amount
A.2. Short term Key Personnel
Sub-ceiling Amount
B
Project-related Expense
Ceiling Amount
B.1
International travel
Sub-Ceiling Amount
B.2
Local travel
Sub-ceiling Amount
B.3
Subsistence allowance
Sub-ceiling Amount
B.4
Other project related expenses
Sub-ceiling Amount
The Schedule of Prices forms the total budget for payment of fees and reimbursable expenses
under the Agreement.
Time worked by Key Personnel or expenses incurred other than those specified in the Schedule
of Prices or where amounts are not entered in the Schedule of Prices shall not be remunerated by
the Client, but shall be deemed covered by the Consultant's Overhead (see definition below).
The Client shall make no remuneration whatsoever for fees and/or reimbursable expenses in
excess of the Ceiling Amounts and Sub-ceiling Amounts.
Reallocation of amounts between ceiling amounts shall not be accepted, but reallocation of
amounts between and within Sub-ceiling Amounts may take place subject to the following
limitations
-
Reallocation of amounts between Sub-ceiling Amounts of fees or within Sub-ceiling
Amounts of fees requires the written prior acceptance of the Client;
-
reallocation of amounts between Sub-ceiling Amounts Reimbursable expenses may take
place, provided that no original Sub-ceiling Amount is exceeded by more than 20%, and
that the Client is informed in writing prior to expenditure.
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2.
Fees
2.1
Fees shall be determined on the basis of time actually worked on execution of the Services by the
Staff as listed by position and name and at the rates specified in the Schedule of Prices.
Fees shall only be paid for time worked from the Commencement Date.
The fee rates shall be daily fee rates for Key Personnel on short-term assignment and monthly
fee rates for Key Personnel on long-term assignment.
Weekends are not considered work days unless requested by the Client/Client’s representative.
All travel days are considered working days.
Where the weekly working hours for work in the Recipient Country are determined by the
Recipient, such working hours shall be followed by Personnel on long-term assignment.
The fee rates shall be fixed for the period of the Agreement.
All fee rates must cover:
2.2
-
The remuneration actually paid per month to Key Personnel on long-term assignments,
and per working day to Key Personnel on short-term assignments.
-
Administrative costs of employing the Key Personnel, such as relocation and repatriation
expenses (excluding flights to and from the beneficiary country upon mobilization and
demobilization), expatriation allowances, leave, medical insurance and other benefits
accorded to the Key Personnel.
-
Accommodation for Key Personnel on long term assignments (accommodation for Key
Personnel on short term assignments is covered by the Subsistence allowance / per diem).
See also 3.4.
-
The margin covering the Consultant’s overheads, profit and backstopping facilities such as
(i) general administration and administration related to the Services (management, Key
personnel, secretarial services, book keeping and auditing, IT administration, engineering
backup, other support, etc.), (ii) internal quality management and assurance, (iii) marketing
(promotion, tendering, negotiations etc.), (iv) HRD and business development.
"Key Personnel" means any professional Staff as defined in Particular Conditions Part B Clause
1.1.18.
"Long-term assignment" means full-time assignment to the duty station for the execution of the
Services for an uninterrupted period of 6 months or more. If long-term assignment is followed
by subsequent assignments for periods of less than 6 months, the latter shall be considered shortterm assignments.
"Short-term assignment" means assignment to the duty station for the execution of the Services
for a period of less than 6 months.
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For Key personnel on long-term assignment in the Recipient Country the annual leave
entitlement must not exceed 42 calendar days.
3.
Project-related Expenses
3.1
The Client shall, subject to the conditions and principles set out in these terms, reimburse the
Consultant's expenses as specified in the Schedule of Prices and actually and reasonable incurred
by the Consultant in the execution of the Services.
Reimbursement of expenses shall only take place against documentation from a third party.
Only expenses listed by the types and amount in the Schedule of Prices, and defined as follows
shall be reimbursed.
3.2
International Travel
Outward travel on commencement of assignment between the permanent residence and the base
of operation and return travel on completion of the assignment shall be reimbursed for all Key
Personnel. Journeys from the airport or public transport station closest to the place of permanent
residence of the Key Personnel to the final place of assignment are regarded as international
travel. The sections of the journey before and after the international journey, including that
between the town of arrival and its airport are covered by the per diem.
All travels to be reimbursed shall be made by the most appropriate means of transport and the
most direct, practicable route, and shall be on what corresponds to economy class using existing
discount schemes.
3.3
Local travel
Travel costs for mission to be undertaken by Key Personnel as part of the assignment away from
the base of operation in the beneficiary country. Such travel expenses may comprise:
-
3.4
Travels by air/ground by the most appropriate means of transport and the most direct,
practicable route, and shall be on what corresponds to economy class using existing
discount schemes.
Subsistence allowance
Subsistence allowance paid on a per diem basis to Key Personnel on long-term assignments on
missions requiring an overnight stay away from the base of operations in the beneficiary country,
and to Key Personnel on short-term assignments away from their permanent place of residence.
Per diems cover accommodation, meals, local travel within the place of mission (intra-city travel)
and sundry expenses not exceeding the per diem rate published on the EC web site.
3.5
Other project related expenses
Expenses for insurances referred to in Particular Conditions B. Additional Clauses 7.1. and 7.2.
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Other expenses only as specified in Appendix 1, Scope of Services.
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3.3 - TERMS OF PAYMENT
1.
General
Payments shall be made as advance payment, quarterly progress payments, and final payment all
subject to these terms.
Reimbursable expenses incurred in other currencies than Danish Kroner shall be converted into
Danish Kroner at the exchange rate(s) published by an official source in the country of the
Consultant, on the date 30 days prior to the date of the issue of the Consultant's invoice to the
Client or the exchange rate published on the date of entry in the books.
3.
Advance payment
Pending an Advance Payment Security draw up by a bank of repute7 (the attached Form of
Advance Payment Security must be used), advance payment of a maximum of 30% of the
contract amount shall be paid by the Client to the Consultant. The advance payment shall be
repaid by way of reduction in the quarterly progress payments with 30% until the advance
payments have been recovered in full.
The guarantee for advance payment will be released by the Client no later than 30 days after
payment of the Final Payment at the request of the Consultant. The Client may decide to
renounce on the requirement of the Consultant to provide an Advance Payment Security.
4.
Quarterly progress payments
3.1
Quarterly Invoices
As soon as practicable and not later than 30 days after the end of each calendar quarter during
the period of the Services, the Consultant shall submit to the Client in one copy and the Client’s
Representative (cf. Particular Conditions A, clause 2.7.) in one copy, an invoice for the fees for
the Services rendered and the reimbursable expenses actually incurred by the Consultant during
the preceding quarter.
Invoices shall bear the Client’s reference, be numbered sequentially and dated, and submitted in
accordance with instructions of the Client.
Such quarterly invoices shall be itemized and sub-totaled by using the headings and posts of the
Schedule of Prices and shall be established in a form acceptable to the Client, with a specification
of fees and reimbursable expenses for the period in question.
Claims in respect of fees shall specify the name, position, fee rate and days, dates or periods
worked for each person.
The Client reserves the right to require, at any time, the Consultant to submit receipts, invoices,
vouchers, and any other appropriate material supporting and giving evidence of the expenses
incurred by the Consultant.
7
A bank of repute shall mean a bank whose current credit rating corresponds to level A (A- to
AAA/Aaa) at Standard & Poor's or Moody's rating of long-term debt.
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If the remuneration due to the Consultant is reduced, the Consultant shall submit a credit note to
the Client in a form acceptable to the Client, which amount shall be deducted from the next
quarterly progress invoice.
3.2
Fourth quarter invoices
The invoice of the fourth quarter of the calendar year shall meet the requirements in Clause 3.1
and shall further be accompanied by the following:
(i)
An annual audited statement of accounts for the calendar year audited by the Consultant's
external chartered or registered auditor showing:
(a)
The total sum of the invoices issued in the calendar year.
(b)
The accumulated amounts of invoices issued from the Commencement Date.
(c)
The adjusted Ceiling Amounts, if applicable, with specification of the adjustments.
(d)
The amounts available for the remaining period of the Agreement.
This audited statement of accounts shall be itemized in the same way as the Schedule of
Prices and shall be in a form acceptable to the Client.
(ii)
The external auditor’s opinion on the annual audited statement of accounts.
The Client may withhold part of a quarterly invoice from payment where the amounts invoiced
by the Consultant do not correspond to the work performed or where the Consultant has failed,
upon request of the Client, to submit satisfactory supporting documents for such part of the
invoice.
Should any discrepancy be found to exist between the actual payment made and the fees and
expenses incurred by the Consultant during any invoice period, the Client may correct the
difference in any subsequent progress payment.
5.
Final payment
As soon as practicable, and not later than 90 days after the completion of the Services, the
Consultant shall submit to the Client and the Client’s representative (cf. Particular Conditions A,
clause 2.7.) a final invoice for the fees for Services rendered and the reimbursable expenses
actually incurred by the Consultant.
The final invoice shall bear the Agreement reference, shall be dated and shall be submitted in a
form acceptable to the Client. The final invoice shall be clearly marked as being the final invoice.
The final invoice shall be accompanied by a final statement of accounts prepared by the
Consultant and audited by the Consultant's chartered or registered auditor showing:
(i)
The total sum of the invoices issued in the calendar year of completion of the Services.
(ii)
The accumulated amounts of invoices issued from the Commencement Date.
(iii)
The adjusted Ceiling Amounts, if applicable, with a specification of the adjustments.
This audited statement shall be itemized in the same way as the Schedule of Prices and shall be in
a form acceptable to the Client.
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The final invoice shall also be accompanied by the auditor's opinion on the final audited
statement of accounts.
If the final audited statement shows that the Client has made advance payments or quarterly
progress payments in excess of the amount actually payable under the Agreement, the Consultant
shall reimburse the Client the excess amount within 30 days of the audited statement showing
such excess payment.
6.
The Client's right to repayment
Invoices presented to the Client will normally be paid without having been examined by the
relevant office in charge of the administration of the contractual stipulations with respect to
terms and conditions of payment. Payment of specific invoices therefore implies no
acknowledgement of the correctness of the amounts stated in the invoices, nor is payment any
indication of acceptance of any obligation to pay, or that the conditions for payment have been
fulfilled.
The Consultant waives any right to claim that payment of invoices limits its obligation to
reimburse any payment made to him to which he was not entitled save as permitted by law as
mentioned herein.
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APPENDIX 4 - FORM OF ADVANCE PAYMENT SECURITY
(Bank or Insurance Company Guarantee)
To:
Ministry of Foreign Affairs
Danida Business Contracts
Asiatisk Plads 2
DK-1448 Copenhagen K
Denmark
Subject:
(Name of assignment, name of Program/Component/Project)
Contract Agreement:
(Agreement number and reference number)
We, (name of Guarantor) whose registered office is at (address of Guarantor) have been informed that:
1.
(Name and address of the Consultant) (hereinafter called the "Consultant") has entered into an
Agreement dated (Date) with the (name of Client) (hereinafter called the "Client") for the execution
and completion of certain services, namely (Brief description of services) (hereinafter called the
"Services").
2.
It has been stipulated in the Agreement that the Consultant shall be paid by the Client advance
payments for Fees and Reimbursable Expenses for the amounts stated in the Agreement
(hereinafter called the "Advance Payments"), subject to the provision by the Consultant of an
Advance Payments Security in the form of a Guarantee by a recognised bank or insurance
company.
At the request of the Consultant, we hereby issue our unconditional and irrevocable Guarantee in
favour of the Client, for an amount of (Amount in words and figures) Danish Kroner, as security for the
obligation of the Consultant to refund Advance Payments to the Client, and we hereby undertake to
pay the Client, upon receipt of its first written demand, without the Client having to substantiate its
demand or to prove or to show grounds or reasons therefore, provided that this demand shall be
supported by a written statement indicating (i) that the balance outstanding of the Advance Payments
has become due and payable by the Consultant to the Client and (ii) the reason for the said balance
becoming due by anticipation.
We hereby waive the necessity of the Client demanding the said amount from the Consultant before
presenting us with the demand.
We further agree that no extension of time limits or other modification of the terms of the Agreement
or of the Services to be performed thereunder, which may be agreed upon between the Client and the
Consultant, shall in any way release us from any liability under this Guarantee.
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This Guarantee shall be reduced in connection with the fourth quarterly invoice by the total of the
amounts of the Advance Payments repaid during the past year by the Consultant in accordance with
the Agreement, provided that such reduction shall take place upon written request of the Consultant to
the Client, and subsequent confirmation to us of the amount of the reduction by the Client.
This Guarantee shall remain valid and in full force and effect from the date of receipt of the Consultant
of the Advance Payments until the Client receives full repayment thereof from the Consultant.
This Guarantee shall be governed by the laws of Denmark, with place of venue: Copenhagen.
Upon expiry, please return this document to us.
Dated this ____________________________
THE GUARANTOR ______________________
Signature ____________________________
In the capacity of