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1 REQUEST FOR CONSULTANT’S QUALIFICATIONS SHORT TERM CONSULTANCY FOR THE DEVELOPMENT OF A COMPREHENSIVE LIST OF SPECIFICATIONS FOR ICT EQUIPMENT FOR THE REGIONAL STUDY RESOURCE CENTRES (RSRC’s) IN NAMIBIA MCAN/COM/RCQ/4A09001 MCA Namibia (MCA-N) requires the services of an individual Consultant (hereinafter referred to as the “Consultant”). This document provides a summary of the services required, application procedure, selection method, Terms of Reference (TOR), and the contractual terms offered for this assignment. Whereas this Request for Consultant Qualifications is for an individual Consultant, MCA-N may contract with a Consultant Firm for the services of a specific employee whose personal qualifications and experience must be reflected in the response. Summary of Services: The primary objective of this consultancy is to develop a comprehensive list of specifications for ICT equipment to be procured for the three new Regional Study and Resource Centres (RSRCs) currently under construction in Namibia. This equipment includes among others: integrated Library management systems, PC’s, video conferencing equipment, smart boards, audiovisual equipment and digitization equipment. The specifications will be used by MCA-N to invite companies to tender for the supply of the specified items. Location: Windhoek, Namibia Anticipated Start Date: 1 July 2012 Duration of Assignment: 6-8 weeks Application Selection Before applying, interested Consultants shall review the Terms Of Reference attached hereto (Attachment 2), which provides a detailed description of the assignment and the qualifications and experience required of the Consultant, and Contract Form (Attachment 3), setting out the proposed contractual arrangements. The selection shall be carried out in accordance with the procedures for Selection based on the Consultants’ Qualifications set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement Rules (see the Procurement page on website http://www.mcanamibia.org for the Procurement Rules). The selected Consultant will be ultimately requested to submit combined technical and financial proposals for the assignment, which, together with the Consultant’s EOI and the attached Form of Contract (Attachment 3), will be used for the negotiation of a fixed price contract between the Consultant and MCA Namibia.

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1

REQUEST FOR CONSULTANT’S QUALIFICATIONS

SHORT TERM CONSULTANCY FOR THE DEVELOPMENT OF A COMPREHENSIVE

LIST OF SPECIFICATIONS FOR ICT EQUIPMENT FOR THE REGIONAL STUDY

RESOURCE CENTRES (RSRC’s) IN NAMIBIA

MCAN/COM/RCQ/4A09001

MCA Namibia (MCA-N) requires the services of an individual Consultant (hereinafter referred to as

the “Consultant”). This document provides a summary of the services required, application

procedure, selection method, Terms of Reference (TOR), and the contractual terms offered for this

assignment. Whereas this Request for Consultant Qualifications is for an individual Consultant,

MCA-N may contract with a Consultant Firm for the services of a specific employee whose personal

qualifications and experience must be reflected in the response.

Summary of Services:

The primary objective of this consultancy is to develop a comprehensive list of specifications for ICT

equipment to be procured for the three new Regional Study and Resource Centres (RSRC’s) currently

under construction in Namibia. This equipment includes among others: integrated Library

management systems, PC’s, video conferencing equipment, smart boards, audiovisual equipment

and digitization equipment. The specifications will be used by MCA-N to invite companies to tender

for the supply of the specified items.

Location: Windhoek, Namibia

Anticipated Start Date: 1 July 2012

Duration of Assignment: 6-8 weeks Application Selection

Before applying, interested Consultants shall review the Terms Of Reference attached hereto

(Attachment 2), which provides a detailed description of the assignment and the qualifications and

experience required of the Consultant, and Contract Form (Attachment 3), setting out the proposed

contractual arrangements.

The selection shall be carried out in accordance with the procedures for Selection based on the

Consultants’ Qualifications set forth in Annex VI, Section 1.B. 3.7 of the MCA Namibia Procurement

Rules (see the Procurement page on website http://www.mcanamibia.org for the Procurement

Rules). The selected Consultant will be ultimately requested to submit combined technical and

financial proposals for the assignment, which, together with the Consultant’s EOI and the attached

Form of Contract (Attachment 3), will be used for the negotiation of a fixed price contract between

the Consultant and MCA Namibia.

2

Application Procedure Interested Consultants / Firms shall send their Expressions of Interest (EOI) in the standard MCA-N

format (Attachment 1) to be considered for the assignment. The EOI shall include the date of

availability, up-to-date CV demonstrating that the Consultant fulfils the minimum requirements

described in the TOR, contact details (address, telephone and fax numbers, e-mail address, website),

at least three references that can comment on the Consultant’s related work experience, and any

other relevant information. Responses in the standard MCA-N Expression of Interest format (Forms

1 to 2 attached hereto) should be addressed to:

The Asst Procurement Manager, MCA Namibia, Atlas House, 3rd Floor Room 10 117 Sam Nujoma Drive Windhoek, Namibia. Or they can send the documentation via email to the following address: [email protected] Deadline for submission of responses: 13h00, on 15 June 2012.

Attachment 1: Expression of Interest Forms

3

EXPRESSION OF INTEREST: FORM 1

[Location, Date]

Mr. Johann Botha

Director Procurement

MCA Namibia

Dear Sir,

RE: Short Term Consultancy for the Development of a Comprehensive List of Specifications for ICT

Equipment for the Regional Study Resource Centres (RSRC’s) in Namibia

REF: MCAN/COM/RCQ/4A09001

I, the undersigned, offer to provide the consulting services for the abovementioned assignment in

accordance with your Request for Consultants Qualifications dated [Insert Date] and this Expression

of Interest.

I hereby submit my Expression of Interest, which will be open for acceptance for a period of 60

(sixty) days.

I hereby declare that all the information and statements made in this Expression of Interest are true

and accept that any misrepresentation contained in it may lead to my disqualification.

My Expression of Interest is binding upon myself and subject to the modifications resulting from

Contract negotiations, and I undertake, if my proposal is accepted, to initiate the consulting services

related to the assignment not later than [insert the date on which you will be available to

commence with the assignment].

I understand you are not bound to accept any proposal that you may receive.

Yours sincerely,

[Signature]

Name and Title of Signatory

Address of Consultant

Attachment 1: Expression of Interest Forms

4

EXPRESSION OF INTEREST: FORM 2

Curriculum Vitae (CV)

1. Name [Insert full name]

2. Date of Birth [Insert birth date]

3. Nationality [Insert nationality]

4. Education [Indicate college/university and other specialized education, giving names of institutions, degrees obtained, and dates of obtainment].

5. Membership in Professional Associations

6. Other Training [Indicate appropriate postgraduate and other training]

7. Countries of Work Experience

[List countries where the consultant has worked in the last ten years]

8. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]

Language Speaking Reading Writing

9. Employment Record [Starting with present position, list in reverse order every employment held by the consultant since graduation, giving for each employment (see format here below): dates of employment, name of employing organization, positions held.]

From: [year] To: [year]

Employer:

Position(s) held:

10. Work undertaken that best illustrates capability to handle the tasks assigned:

[Among the assignments in which the consultant has been involved, indicate the following information for those assignments that best illustrate his/her capability to handle the tasks listed in the TOR]

Name of assignment or project:

Year

Location:

Client:

Main project features:

Attachment 1: Expression of Interest Forms

5

Position held:

Activities performed:

11. References: [List at least three individual references with substantial knowledge of your

work. Include each reference’s name, title, phone and e-mail contact information. MCA

Namibia reserves the right to contact other sources as well as to check references, in

particular for performance on any relevant MCC-funded projects.]

12. Task assigned for this consultancy: Not Used

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes

me, my qualifications, and my experience. I understand that any wilful misstatement described

herein may lead to my disqualification or dismissal, if engaged.

I, the undersigned, hereby declare that I agree to participate in the above-mentioned assignment. I

further declare that I am able and willing to work for the period foreseen in the above referenced

Request for Consultant's Qualifications.

[Signature]

[Date]

Attachment 2: Terms of Reference

6

TERMS OF REFERENCE

SHORT TERM CONSULTING SERVICES – DEVELOPMENT OF A COMPREHENSIVE LIST OF

SPECIFICATIONS FOR ICT EQUIPMENT FOR THE REGIONAL STUDY RESOURCE CENTRES

(RSRC’s) IN NAMIBIA

1. Background information

2.1 The Millennium Challenge Corporation (MCC)

The Millennium Challenge Corporation (MCC) was established in January 2004 as a United States government corporation to implement the Millennium Challenge Account (MCA). MCC’s mission is to reduce poverty by supporting sustainable, transformative economic growth in developing countries, which create and maintain sound policy environments. MCC is designed to support innovative strategies and to ensure accountability for measurable results. For additional information on MCC please visit http://www.mcc.gov

2.2 Namibia’s Millennium Challenge Compact

The Millennium Challenge Account Namibia (MCA-N) Compact, providing grant funding for public investments in Education, Tourism and Agriculture (livestock and indigenous natural products), was signed on 28 July 2008 between the Republic of Namibia and the US Government, acting through the Millennium Challenge Corporation (MCC). An amount of US$304.5 million will be available for development in the target sectors, over and above current Government allocations and assistance from other development partners.

The Goal of Namibia’s Millennium Challenge Compact is to reduce poverty through economic growth in the Education, Tourism and Agriculture sectors. To accomplish the Compact Goal of increasing income, the MCA-N Programme aims to achieve the following objectives:

i. Increase the competence of the Namibian workforce (knowledge, skills and attitude); and

ii. ii) Increase the productivity of agricultural and non-agricultural enterprises in rural areas.

iii. The Compact aims to improve the quality of education and training for the underserved populations, and attempts to capitalize on Namibia’s comparative advantages to increase the incomes of the poor Namibians, predominantly in the northern areas of the country.

iv. In Education, the Programme seeks to bring the quality of the work force closer to the requirements of industry and the labour market at large. This is in line with the aspirations of Vision 2030 and the 3rd National Development Plan’s strategic objective for “productive and competitive human resource and institutions”; whose values informed the programming, content and activities of the Education and Training Sector Improvement Programme (ETSIP). The MCA-N Education Project contributes to Education and Training Sector Improvement Programme (ETSIP). It aims to improve the competency and knowledge of young Namibians by supporting new and innovative methods of learning in addition to the more traditional approaches to education and improve physical infrastructure for learning and teaching in schools, regional study and resource centres and Community Based Skills Development Centres.

Attachment 2: Terms of Reference

7

v. The Tourism Project seeks to bring the conservancies in high potential tourism areas into the mainstream of the tourism business, increasing the financial and in-kind benefits to rural conservancy members. Internationally-acknowledged best practice models for community-based tourism and community-based natural resource management underpin the Tourism Project. This is the first time in MCC history that a country programme includes tourism, acknowledging the sector’s tremendous poverty alleviating potential in rural communal areas. The Etosha National Park will serve as a model for increased participation by the adjacent conservancies. The MCA-N Tourism Project will facilitate access to the Park for the conservancies around it through exclusive access concessions, to be awarded through the 2007 Concession Policy.

vi. The Agriculture Project comprises three main activities in livestock, land access and management and indigenous natural products. The Livestock Support Activity seeks to bring the marketing opportunities for farmers who live north of the Veterinary Cordon Fence closer to the opportunities farmers enjoy south of the Fence. The focus will be on improving veterinary services aimed at obtaining animal disease-free status for the Northern Communal Areas (NCA) in order to gain access to international markets. The accompanying public investment in rangeland livestock management will improve access to grazing and farming practices. The overall objective is to increase the farmers’ cash income derived from large-stock and small-stock farming in the NCA. Through the Land Access and Management Activity the Communal Land Boards, traditional authorities and other key stakeholders will be empowered to better manage the available resources. Increasing direct participation of the primary producer and processor organizations in the processes of value addition to raw, natural products such as Marula, Kalahari Melon Seed, Hoodia, Devil’s Claw and Ximenia is the key objective of the Indigenous Natural Products Activity (INP). The value chain approach that the INP sector has adopted will ensure that the activities are responsive to the fast-changing market realities for natural products. At present, most of the revenue from selling products made of these valuable commodities is generated outside Namibia. The MCA-N Programme will facilitate an increased participation by the primary producers and processors in the final processing, packaging and marketing of these products.

vii. Please visit http://www.mcanamibia.org for the detailed Project Descriptions.

2.3 The MCA Namibia Management Structure

MCA-N is the accountable entity, responsible for the overall management of the Compact’s implementation. MCA-N is a legal entity within the National Planning Commission (Office of the President) comprised of a Board and a Programme Management Unit. The MCA-N Board provides oversight and strategic guidance and is ultimately responsible for the Programme’s success. The MCA-N Management Unit is responsible for the implementation of the Compact, including programme management, financial management and reporting, and coordination of monitoring and evaluation. The Programme is legally governed by the Compact and its supplemental agreements. For additional information please visit http://www.mcanamibia.org.

2. Sector Specific Background

The Education and Training Sector Improvement Programme (ETSIP) and the Policy Framework for

Library Service and Allied Information Agencies for Namibia, recognizes the library and information

service sector as a critically important support structure for education, research, knowledge

creation, public administration, and economic development for a knowledge based economy.

Attachment 2: Terms of Reference

8

Namibia has a network of 64 community libraries, and a further 3 Regional Study and Resource

Centres (RSRC’s), with accompanying mobile units, are currently under construction.

The RSRC’s will serve as an important resource for low-income and marginalized community

members who are upgrading their qualifications by distance study, students from upper-primary to

tertiary levels, current workers and unemployed who have specific information and learning

resource needs, entrepreneurs, and researchers. As such, the RSRC’s are designed to redress

inequalities in access to knowledge and learning resources, and thus contribute to building human

capital in disadvantaged regions.

In support of the ETSIP objective to expand information resources and availability to rural and

underserved communities, MCA Namibia (MCA-N) is constructing 3 RSRC’s: 1 in Oshakati for the

Oshana region, 1 in Helao Nafidi for the Ohangwena region and 1 in Gobabis for the Omaheke

region.

The MCA-N Compact will further support technical assistance to RSRC staff focused on effective

administration and programme development, including development of collection resources, putting

together an acquisition strategy and implementing an automated library management system to

support the Namibia Library and Archive Services (NLAS) to move away from the current manual and

Computerized Information Service / Integrated Scientific Information System (Win ISIS system which

is a Windows version of the ISIS system).

3. Overview/ Prevailing Situation

The Office of the Prime Minister Division: ICT has minimum requirements for ICT equipment for the

whole Public Service. Libraries are covered under these requirements. Given the shift in the

services and technology, the RSRC’s need to have the latest and best equipment and ICT software

installed to be able to meet the service requirements. Therefore, the incoming Consultant needs to

conduct an audit of the current minimum ICT requirement provided by OPM and determine how

best to improve them to respond to the IT expectations of the new libraries.

4. Objective

The objective of this consultancy is to develop a comprehensive list of specifications for ICT

equipments to be procured for the RSRC’s in Namibia. This equipment includes among others:

integrated Library management systems, PCs, video conferencing equipment, smart boards,

audiovisual equipment and digitization equipment. The specifications will be used by MCA-N to

invite companies to tender for the supply of the specified items.

5. Scope of Services

By gaining an understanding of the operational requirements of the RSRC’s through consultations

with the NLAS staff and the Architect, the Consultant will develop a list of specifications for ICT

Attachment 2: Terms of Reference

9

equipment and accompanying software that is relevant to the envisioned operational requirements

of the RSRC’s, with a focus on maintenance and servicing, regional availability and longest possible

operational life.

The Consultant will also analyse the current draft list and then advise on additional ICT and

multimedia equipment which satisfies the operational requirements of the RSRC’s, but has not been

included in the draft list.

The key functions of the Consultant will be to:

Produce a ‘Work Plan’ for this short assignment (maximum 2 pages) outlining methodology

and timelines for each of the deliverables (the methodology will be part of the proposal to

assist with the evaluation of bidders).

Conduct an ICT equipment ‘Operational Requirements Review’ with the NLAS, Search Team,

the IT departments of the MoE and the Office of the Prime Minister and the procurement

unit of MCA-N.

Produce a comprehensive ‘List of Specifications’ of ICT equipment and multimedia

requirements to be installed at all three fully functional RSRCs.

Develop an Independent Cost Estimate from the list of specifications so that budgetary

requirements can be confirmed.

Produce a Close-out Report, reflecting the process (maximum of 5 pages) by recording all

consultations, individuals’ recommendations, the decision process for including certain high

value items and other relevant details which will form a record of the process for RSRC and

NLAS staff members to strengthen the institutional memory of the task.

6. Staff Roles and Responsibilities

The Consultant will work closely with the Director of NLAS, NLAS IT staff, NLAS ETSIP Coordinator

and the staff responsible for the RSRCs to conduct a review to determine the type and level of

equipment to be purchased by MCA-N.

7. Reporting

Contract reporting will be to the MCA-N Manager: Skills Development and Study Resources.

8. Deliverables

‘Work Plan’

‘Operational Requirements Review’

Attachment 2: Terms of Reference

10

‘List of Specifications’

‘Independent Cost Estimate’

‘Close-out Report’

Payment for the contract will be in two instalments, 60% instalment after the delivery and

acceptance of the List of Specifications and 40% instalment after the delivery and acceptance of the

Close-out Report.

9. Skills Requirement

The skills requirements for this high-level short-term consultancy assignment are as follows:

Approximately 10 years experience in ICT and/or Multimedia equipment, supply,

installation and servicing;

Bachelors Degree or equivalent in Information Technology, Computer Science, and/or

Instructional Technology;

Excellent communication skills;

Excellent research skills; and

Knowledge of 21st century library ICT equipment requirements is an advantage.

Attachment 3: Contract Form

11

MILLENNIUM CHALLENGE ACCOUNT NAMIBIA

CONTRACT FOR SHORT TERM CONSULTANCY FOR THE DEVELOPMENT OF A

COMPREHENSIVE LIST OF ICT EQUIPMENT FOR THE REGIONAL STUDY

RESOURCE CENTRES (RSRS’s) IN NAMIBIA

MCAN/COM/RCQ/4A09001

This contract for independent consultant services (the “Contract”) is made as of [date] by the Chief

Executive Officer of the Millennium Challenge Account Namibia ("MCA-N") acting on behalf of the

Government of the Republic of Namibia whose address is:

Atlas House 6th Floor

Corner of Mandume Ndemufayo and Sam Nuyoma Drive

Private Bag 13356

Windhoek

Republic of Namibia

Tel: +264 61 410 400

Fax: +264 61 410 415

and, [Consultant Name] (the “Consultant”) whose address is:

[Consultant Contact Details]

This contract is subject to the applicable provisions of the Programme Implementation Agreement

(the “PIA Agreement”) between the Millennium Challenge Corporation and the Government of the

Republic of Namibia, signed in January 2009.

1. DURATION OF THE CONTRACT

This contract is effective as of the date of signing and shall expire on [date], unless terminated

earlier in accordance with Section 7.

It is expressly stated, and the Parties agree, that this Contract is one of an independent consultancy

and not of employment. Therefore, the Parties agree that no legitimate expectation of employment

or renewal of this Contract is or can be created.

2. MANDATE

The Consultant agrees to perform the duties and accept the responsibilities set forth in Terms of

Reference contained in Appendix A of this contract.

3. STATUTE, RIGHT AND OBLIGATIONS OF THE CONSULTANT

The rights and obligations of the Consultant are strictly limited to the terms and conditions of this

Contract. Consequently, the Consultant does not have the right to any advantage, payment, subsidy,

compensation or pension on behalf of MCA-N except for those expressly provided for under the

terms of this Contract. The Consultant warrants that he has not and will not engage in any activity

Attachment 3: Contract Form

12

that would give rise to a right of termination under Sections 5.8 (a) of the Programme

Implementation Agreement.

4. REMUNERATION

4.1 MCA-N shall pay the Consultant, as full remuneration for providing services under this

Contract, a ceiling Contract Price not exceeding: [contract amount] exclusive of VAT.

This amount is determined based on the anticipated requirement of [number of days] to

complete this assignment and the rate of [daily rate] per day exclusive of VAT. Contractor’s

invoices shall be submitted monthly and based on the actual effort level during the

respective month. VAT will be paid in addition to the fee if the Consultant should be

registered with the Receiver of Revenue to pay VAT.

4.2 All payments owed to the Consultant under this Contract will be paid directly by MCA into the

account set forth in Appendix B (Wire Transfer Instructions), within 30 working days after the

approval by MCA-N of the invoice for the payment that is due.

4.3 Consultant’s invoices shall indicate a) the date when services were rendered, b) time billable

for the services rendered, c) brief description of services rendered. MCA-N shall approve

only reasonable time billable for the services rendered, which it has commissioned in written

communication to the Consultant.

4.4 Reserved.

4.5 No other remuneration, favours, compensation or subsidy will be paid to the Consultant

under the terms of this Contract.

5. INCOME TAX

The Consultant alone is responsible for the payment of any income taxes that may be owed in

respect of remuneration received in terms of this Contract. MCA-N will not withhold any amounts

from the Consultant’s remuneration for purposes of income tax.

6. INSURANCE

The Consultant shall take out and maintain insurance as is reasonable and customary in the Republic

of Namibia.

7. TERMINATION

Either party can terminate this Contract at any time upon thirty days prior written notice. Except as

expressly stated in this Contract, upon termination or expiration of this Contract, all obligations

under this Contract are terminated.

8. CONFIDENTIALITY

During the term of this contract and for two years thereafter, the Consultant shall not reveal any

sensitive or confidential information concerning the Consultant’s services under this Contract or the

businesses or the activities of MCA-N without prior written authorization from MCA-N.

9. RIGHTS OF TITLE

Any studies, reports or other material, graphic, software or otherwise, prepared by the Consultant

for MCA-N under this Contract shall belong to, and remain the property of MCA-N.

Attachment 3: Contract Form

13

10. NON PUBLIC INFORMATION

The Consultant shall treat and maintain as confidential all information, communications and documents

received in his capacity as Consultant and relating to his duties, this Contract, or MCA-N’s business or

operations. The Consultant shall not disclose such information, communications or documents, except

on a need-to-know basis and under similar obligation of confidentiality and shall not use such

information, communications or documents other than in the course of performance of his duties under

this Contract. These provisions shall survive the termination or expiration of this Contract.

11. DISCLOSURE

The Consultant will reveal to the MCA-N any business or professional employment or activity in

which it has been/will be engaged before or during this Contract. These activities shall not be

incompatible with provision of the services required under this Contract and shall not create, or give

the appearance of creating, a conflict of interest.

12. STANDARDS OF CONDUCT

12.1 The Consultant will perform the services under this Contract faithfully, diligently, in

accordance with the highest standards of professional and ethical competence and

integrity, and in a timely manner in order to advance MCA-N’s interests.

12.2 The Consultant shall not engage in any activity incompatible with MCA-N’s interests. The

Consultant will avoid any action, including, without limitation, any kind of public

statement, which will compromise the integrity, independence and impartiality which are

required for the Consultant’s relationship with MCA-N.

12.3 The Program Assets are not intended for personal use and shall therefore only be used by

the Consultant in the performance of his official duties under this Contract, except for

incidental use and as otherwise provided under any policies and/or procedures adopted by

MCA-N from time to time.

12.4 The Consultant affirms and agrees that no payments have or will be received by any official

of MCA-N or any other Government official in connection with the Consultant’s

employment, and no payments have been made by the Consultant to any third party in

connection with the Contract in violation of any applicable Namibian law or MCA-N’s

policies and procedures on conflict of interest and ethics. The Consultant affirms and

agrees that no payments have been or will be received by the Consultant in connection

with the Consultant’s performance of his duties under the Contract, except for payments

specified in Section 4 of this Contract.

12.5 The Consultant agrees that he shall not participate in the selection, award, or administration of

a contract, grant or other benefit or transaction financed in whole or in part by MCC funding, in

which (i) the Consultant, members of the Consultant’s immediate family or household or the

Consultant’s business partners, or organizations controlled by or substantially involving the

Consultant has or have a financial interest, or (ii) the Consultant is negotiating or has any

arrangement concerning prospective employment, unless the Consultant has first disclosed in

writing to MCA-N the conflict of interest and, following such disclosure, MCA-N has agreed in

writing to proceed notwithstanding such conflict and, if requested by MCA-N, the Consultant

will promptly recuse himself or herself from such participation.

12.6 The Consultant agrees that he shall not (and shall seek to ensure in his role as the

Consultant that no other person or entity involved in the selection, award, administration

Attachment 3: Contract Form

14

or implementation of any contract, grant or other benefit or transaction financed in whole

or in part by MCC Funding), (i) solicit or accept or offer a third party or seek or be promised

directly or indirectly for himself or for another person or entity, any gift, gratuity, favour or

benefit, other than items of de minimis value and otherwise consistent with MCA-N’s

policies and procedures on conflict of interest and ethics, or (ii) engage in any activity that

is, or gives the appearance of being, a conflict of interest.

13. RELATIONSHIP OF THE PARTIES; MCC STATUS

13.1 The Consultant acknowledges that MCC is neither the individual employer nor a joint

employer of the Consultant. The Consultant understands that the performance of his

duties will be dictated by MCA-N and not by MCC.

13.2 MCC is a United States Government corporation acting on behalf of the United States

Government in the implementation of the Compact. As such, MCC has no liability under

the Contract, and is immune from any action or proceeding arising under or relating to the

Contract. In matters arising under or relating to the Contract, MCC is not subject to the

jurisdiction of the courts in Namibia or any other body in any other jurisdiction.

14. APPLICABLE LAW AND LANGUAGE OF THE CONTRACT

This contract shall be governed by Namibian law and the language of the contract is English.

15. DISPUTE RESOLUTION

Any complaint or disagreement related to the execution of this Contract which cannot be resolved with

amicable discussions will be subject to arbitration in accordance with the Professional Arbitration and

Mediation Association of Namibia arbitration rules in force as of the date of this Contract. I have reviewed

and understood the details of this Contract (which, for the avoidance of doubt, includes the appendices).

SIGNATURES

For the MILLENNIUM CHALLENGE ACCOUNT: For the CONSULTANT:

……………………………………………………… ………………………………………………………

Penny Akwenye

Chief Executive Officer

……………………………………………………… ………………………………………………………

Witness Witness

Attachment 3: Contract Form

15

APPENDIX A: TERMS OF REFERENCE

Attachment 3: Contract Form

16

APPENDIX B: WIRE INSTRUCTIONS