the government of georgia an
TRANSCRIPT
REQUEST FOR PROPOSALS
RFP/ QCBS / GEO-2013-001
MILLENNIUM CHALLENGE ACCOUNT - GEORGIA
On Behalf of: THE GOVERNMENT OF GEORGIA
and THE MILLENNIUM CHALLENGE CORPORATION
***
Procurement of Consultant Services
***
Improving General Education: Consultant Services for Training Educators for Excellence
and Classroom, National and International Assessment Support Activity Project Design
***
Date: February 5, 2013
Contents
Letter of Invitation for Proposals ............................................................................................... iv
Section 1 Instructions to Consultants .................................................................................. 1
Definitions....................................................................................................................................... 1
1. Introduction ......................................................................................................................... 3
2. Clarification and Amendment of RFP Document ............................................................. 11
3. Preparation of Proposals ................................................................................................... 12
Technical Proposal Format and Content ........................................................................... 13 Financial Proposals ........................................................................................................... 15 Taxes ................................................................................................................................. 15 Currencies ......................................................................................................................... 15
4. Submission, Receipt, and Opening of Proposals .............................................................. 15
5. Proposal Evaluation .......................................................................................................... 17
Evaluation of Technical Proposals.................................................................................... 17 Financial Proposals ........................................................................................................... 18
6. Negotiations ...................................................................................................................... 19
Technical Negotiations ..................................................................................................... 20 Financial Negotiations ...................................................................................................... 20 Availability of Professional Staff/Experts ........................................................................ 20 Conclusion of the Negotiations ......................................................................................... 21
7. Award of Contract ............................................................................................................. 21
8. Confidentiality .................................................................................................................. 21
9. Bid Challenge System ....................................................................................................... 21
10. Compact Conditionalities ................................................................................................. 23
Section 2 Proposal Data Sheet ............................................................................................ 24
Section 3 Qualification and Evaluation Criteria .............................................................. 26
Section 4 A: Technical Proposal Forms ............................................................................ 28
Form TECH-1. Technical Proposal Submission Form .................................................. 29 Form TECH-2. Financial Capacity of the Consultant .................................................... 35 Form TECH-3. Organization of the Consultant ............................................................. 36 Form TECH-4. Experience of the Consultant ................................................................ 37 Form TECH-5. References of the Consultant ................................................................ 38 Form TECH-6. Description of Approach, Methodology and Work Plan for Performing the Assignment 39 Form TECH-7. Comments and Suggestions .................................................................. 40 Form TECH-8. Team Composition and Task Assignments .......................................... 41
Form TECH-9. Staffing Schedule .................................................................................. 42 Form TECH-10. Work and Deliverables Schedule ........................................................ 43 Form TECH-11. Curriculum Vitae (CV) for Proposed Key Professional Personnel .... 44
Section 4 B. Financial Proposal Forms .............................................................................. 46
Form FIN-1. Financial Proposal Submission Form ....................................................... 47 Form FIN-2. Price Summary .......................................................................................... 48 Form FIN-3. Breakdown of Price by Activity ............................................................... 49 Form FIN-4. Breakdown of Remuneration .................................................................... 50
Section 5 Contract Forms ................................................................................................... 51
I. Agreement ......................................................................................................................... 53
II. General Conditions of Contract ........................................................................................ 55
1. General Provisions ................................................................................................ 55 2. Commencement, Completion, Modification and Termination of Contract .......... 61 3. Obligations of the Consultant ............................................................................... 67 Defined terms .................................................................................................................... 74 5. Consultant’s Personnel and Sub-Consultants ....................................................... 74 6. Obligations of the MCA Entity ............................................................................. 76 7. Payments to the Consultant ................................................................................... 78 8. Fairness and Good Faith ....................................................................................... 79 9. Settlement of Disputes .......................................................................................... 79 10. Compact Conditionalities ..................................................................................... 79
III. Special Conditions of Contract ......................................................................................... 81
IV. Appendices ........................................................................................................................ 87
Appendix A – Description of Services ............................................................................. 87 Appendix B - Reporting Requirements............................................................................. 88 Appendix C - Key Professional Personnel and Sub-Consultants ..................................... 89 Appendix D - Breakdown of Contract Price in US Dollars .............................................. 90 Appendix E ....................................................................................................................... 91 - Services and Facilities to be Provided by the MCA Entity .......................................... 91 Appendix G – Additional Provisions ................................................................................ 92
Section 6 Terms of Reference ............................................................................................. 97
11. PROPOSED PAYMENT SCHEDULE .............................................................. 112 Payment will be made upon acceptance of each deliverable. ......................................... 112
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Section 1: Instructions to Consultants
1
Section 1 Instructions to Consultants
Definitions (a) “Associate” means any entity or person with whom the Consultant associates in order to provide any part of the Services.
(b) “Compact” means the Millennium Challenge Compact between the United States of America, acting through the Millennium Challenge Corporation, and the Government of Georgia, currently under development.
(c) “609(g) Agreement”- means the Grant and Implementation Agreement by and between the Millennium Challenge Corporation and the Government of Georgia, under the authority of section 609(g) of the Millennium Challenge Act of 2003.
(d) “Confirmation” means confirmation in writing.
(e) “Consultant” means any entity or person that may provide or provides the Services to the MCA Entity under the Contract.
(f) “Contract” means the contract proposed to be entered into between the MCA Entity and the Consultant, including all attachments, appendices, and all documents incorporated by reference therein, a form of which is included in Section 5 of this RFP.
(g) “Day” means a calendar day.
(h) “FBS” means Fixed Budget Selection method.
(i) "Financial Proposal" has the meaning given the term in ITC Sub-Clause 3.6.
(j) “Fraud and Corruption” means any of those actions defined in the GCC (including the phrases “coercive practice,” “collusive practice,” “corrupt practice,” “fraudulent practice,” “obstructive practice,” and “prohibited practice” as defined in GCC Sub-Clause 1.1, according to which action may be taken against the Consultant, Personnel or MCA Entity personnel.
(k) “GCC” means the General Conditions of Contract.
(l) “Government” means the Government of Georgia.
Section 1: Instructions to Consultants
2
(m) “Instructions to Consultants” or “ITC” means Section 1 of this RFP, including any amendments, which provides Consultants with all information needed to prepare their Proposals.
(n) “In writing” means communicated in written form (e.g., by mail, e-mail, or facsimile) delivered with proof of receipt.
(o) "Key Professional Personnel" means the key professional personnel nominated pursuant to ITC Sub-Clause 3.4(d).
(p) “LCS” means Least Cost Selection method.
(q) “MCA Entity” means MCA-Georgia, the party with which the selected Consultant signs the Contract for the provision of the Services.
(r) “MCC” means the Millennium Challenge Corporation, a United States Government corporation, acting on behalf of the United States Government.
(s) “MCC Environmental Guidelines” means the guidelines that govern projects undertaken as part of programs funded by MCC to ensure that such projects are environmentally sound, are designed to operate in compliance with applicable regulatory requirements, and are not likely to cause a significant environmental, health, or safety hazard available at www.mcc.gov. In addition to the foregoing, and to the extent consistent any applicable additional guidance issued by MCC from time to time, the MCC Environmental Guidelines indicate that projects financed by MCC will be developed and implemented in a manner consistent with the environmental and social performance standards set forth in the Performance Standards on Environmental and Social Sustainability of the International Finance Corporation, as amended from time to time (IFC Performance Standards).
(t) “PDS” means the Proposal Data Sheet, in Section 2 of this RFP, used to reflect specific country and assignment conditions.
(u) “Personnel” means professionals and support staff provided by the Consultant or by any Sub-Consultants, or associates that are assigned to
Section 1:
1. Intro
Instructions to
oduction
o Consultants
1.1
perfor
(v) "Pre-Pmeetin
(w) “Pthe FinServicthis RF
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3
Section 1:
Conflict
Instructions to
of Interest
o Consultants
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Throughoutotherwise, wplural and singular; anversa.
Consultantsand a Finanfor this asProposal wultimately Consultant.
Consultantsconditions Proposals. assignmentencouragedProposal anspecified iMeetings stany Pre-Protaken into Proposals.
The MCA Consultant,assist the fito carry ouproject datprovided. Tincurred exsustain the not limitedoffice equipthe PDS.
Consultantspreparationcontract neg
The MCA and reserveany time incurring an
The MCA
t this RFP ewords indicawords indic
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s are invitedncial Proposssignment a
will be the bfor a sign
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s should faand take theTo obtain
t and locad to visit thend to attend in the PDtrongly advioposal Meet
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Therefore, a xpenses that
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s shall bean and submgotiation.
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A Entity req
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d to submit al for consuas specifiedasis for conned Contrac
amiliarize them into acco
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timely provand facilitiesining licenseces, and ma
ports. No oConsultant
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quires that
re the contexngular also iplural also inthe masculin
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a site visit shose of eva
vide, at no cs specified ines and permake availablother inputsshall plan to
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associated their Prop
accept anyhe selection
ward, withouultant.
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xt requires nclude the nclude the
ne and vice
al Proposal es required DS. The ations and e selected
with local aring their n on the ltants are
ubmitting a g if one is e-Proposal Attending
hall not be aluation of
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mits needed le relevant s will be o cover all nitiate and luding but insurance,
pecified in
with the osals and
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ut thereby
ts provide
4
Section 1:
Conflicti
Conflicti
Conflicti
Instructions to
ing Activitie
ing Assignm
ing
o Consultants
1.8.1
s
ments
professionatimes holdstrictly avoown corpconsideratio
Without lConsultanconsideredselected, below:
(a) A ConEntitythan caffiliaconsulservicconsulimplemaffiliaprovidconsulrelatedpreparthis paservicmeasuexplorsatelli
(b) A ConPersonaffiliathat, bassignMCA Consuan infrpreparfor theclient purchaSimilareferenthe ass
(c) A Con
al, objectived the MCAoid conflictsporate inteon for future
limitation onnts, and and to have a cunder any
nsultant that y to provide gonsulting setes, shall be lting servicees. Converselting servicementation oftes, shall be
ding goods, wlting serviced to such conration or imparagraph, seres are define
urable physicratory drillinte imagery.
nsultant (inclnnel and Subtes) shall no
by its nature,nment of the
Entity or forultant hired tfrastructure pre an indepene same projein the privatase, nor adviarly, a Consunce for an assignment in
nsultant (incl
, and imparA Entity’s s with otherrests, and
e work.
n the generany of theirconflict of in
of the cir
has been engoods, work
ervices for a disqualified
es related to ely, a Consu
es for the pref a project, adisqualified
works or seres resulting fnsulting servplementationrvices other ed as those lcal output, fong, aerial pho
luding its asb-Consultantot be hired fo, may be in cConsultant r another clito prepare enproject shall ndent enviro
ect, and a Cotization of puise purchaseultant hired tssignment shquestion.
luding its as
rtial advice interests p
r assignmentact with
ality of the r affiliates, nterest and shrcumstances
ngaged by thks or services
project, andd from provithose goods
ultant hired teparation or and any of itd from subservices other tfrom or direcvices for sucn. For the puthan consult
leading to a for example sotography, a
ssociates, if ats and any o
or any assignconflict withto be executient. For exangineering dnot be engag
onmental assonsultant assublic assets
ers of, such ato prepare tehould not be
ssociates, if a
and at all paramount, ts or their hout any
foregoing, shall be
hall not be set forth
e MCA s other
d any of its ding , works or
to provide
s equently than ctly ch urpose of ting
surveys, and
any, its f its
nment h another ted for the ample, a design for ged to sessment isting a shall not
assets. erms of e hired for
any, its
5
Section 1: Instructions to Consultants
6
Relationships Personnel and Sub-Consultants and any of its affiliates) that have a business or family relationship with a member of the MCA Entity’s board of directors or the MCA Entity staff, or with the Procurement Agent or Fiscal Agent (as defined in the Compact or related agreements) hired by the MCA Entity who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded the Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to MCC throughout the selection process and the execution of the Contract.
1.8.2 Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the MCA Entity, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of the Contract.
1.8.3 No member of the MCA Entity’s board of directors or current employees of the MCA Entity shall work as, or on behalf of, any Consultant.
1.8.4 No current employees of the Government shall work as Consultants or as Personnel under their own ministries, departments or agencies.
1.8.5 Recruiting former MCA Entity or Government employees to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists.
1.8.6 If a Consultant nominates any Government employee as Personnel in their Technical Proposal, such Personnel must have written certification from the Government confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the MCA Entity by the Consultant as part of its Technical Proposal.
1.8.7 In the case where a Consultant seeks to engage the
Section 1:
Unfair A
Fraud an
Instructions to
Advantage
d Corruption
o Consultants
1.8.8
n 1.9
services o1.8.3 – 1within a pdate of ththe MCAprior to th
If a Consfrom haviassignmenavailable informatioConsultanConsultan
MCC requincluding tconsultantsMCC-fundeethics durincontracts.
(a) will reConsuthrougin com
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In addition,MCC Fundiany time tha
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sultant coulding providednt in questito all Consuon that wont any compnts.
ires that allthe MCA E, sub consued contractsng the procIn pursuanc
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ments relatinformance ofnts and recoCC or by the.
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7
Section 1:
Eligibilit
IneligibilDebarme
Instructions to
ty
lity and ent
o Consultants
1.10
1.10.1
Funding enselection pwithout thetimely and remedy the
MCC may rights identi1.9(a)-(c) ab
ConsultantsSub-Consuleligibility c
1 ConsultanPersonnelor entity uand Corru1.98, or participatiprocedureProcuremProcedurewww.mccfor particorganizedsignificanis subject the Uniteand indirestrictionit is neces10 of thethe most countries.any), theotherwiseimmediate
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also invokeified for thebove.
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to sanction d States. Thividuals subns are subjecssary to refer MCC Progcurrent list
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ment any firplace of bus
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bsites identifrement Guidctioned and
ng their assSub-Consuleason descri
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8
Section 1: Instructions to Consultants
9
the country of such Consultant, associates, Personnel or Sub-Consultants or any payments to persons or entities in such country; or
(c) Such Consultant, associates, Personnel or Sub-Consultants are otherwise deemed ineligible by MCC pursuant to any policy or guidance that may, from time to time, be in effect as posted on the MCC website at www.mcc.gov.
Qualification and Eligibility of Consultants
1.10.2 Consultants must satisfy the legal, financial and litigation criteria requirements stated in Paragraphs 3.1 to 3.3 of Section 3 of this RFP.
1.10.3 Consultants must also satisfy the eligibility criteria set forth in this RFP and as contained in the “MCC Program Procurement Guidelines” governing MCC-funded procurements under the Compact.
Eligibility of Associates 1.10.4 In the case where a Consultant intends to associate with another Consultant and/or individual expert(s), then such associates shall also be subject to the eligibility criteria set forth in this RFP and as contained in the “MCC Program Procurement Guidelines” governing MCC-funded procurements under the Compact.
Eligibility of Government-owned Entities
1.10.5 Government-Owned Enterprises (GOEs) are not eligible to compete for MCC-funded contracts. GOEs (i) may not be party to any MCC-funded contract for goods, works, or services procured through an open solicitation process, limited bidding, direct contracting, or sole source selection; and (ii) may not be pre-qualified or shortlisted for any MCC-funded contract anticipated to be procured through these means. This prohibition does not apply to Government-owned Force Account units owned by the Government of the MCA Entity’s country, or Government-owned educational institutions and research centres, any statistical, mapping or other technical entities not formed primarily for a commercial or business purpose, or where a waiver is granted by MCC in accordance with Part 7 of MCC’s Program Procurement Guidelines. All Consultants must certify their status as a part of their submission in form Tech 1.
Trafficking in Persons 1.10.6 MCC has a zero tolerance policy with regard to trafficking in persons. Trafficking in persons (TIP) is
Section 1:
CommissGratuitie
Origin ofand ConsServices
Only one
Proposal
Instructions to
sions and s
f Goods sulting
e Proposal
Validity
o Consultants
1.10.7
1.10.8
1.11
1.12
1.13
1.14
the crimeexploit anform of dsexual sersoldiers. rights andgrowing nlevels of committedappropriatmonitor Tprojects it
7 A Consultand graturelating texecutionawarded Proposal s
8 Additionaat combatProgram P
A Consultaand gratuitito this RFPassignmentrequested i(Section 4B
Goods suppthe Contracthe same retheir assoSub-Consul
ConsultantsConsultant Proposal, However, tsame Sub-more than o
The PDSmust remaithis period,
e of using nother persondomestic servitude, bon
This practid freedoms, inetworks of poverty andd to workingte steps are
TIP risks in t funds.
tant shall furuities, if anyto this RF of the asthe Contracsubmission f
al informatioting TIP canProcurement
ant shall furnies, if any, pP or its Propt if the Consin the Fina
B).
plied and coct may origiestrictions spociates, if ltants set for
s may onlysubmits or
all such Pthis does nConsultant, one Proposal
indicates hin valid aft Consultants
force, fraudn. Human tr
ervitude, peonded labour,ice deprives increases glo
f organized cd impede deg with partne taken to pthe countrie
rnish informy, paid or
FP or its Pssignment ict, as requeform (Sectio
on on MCC’n be found t Guidelines
rnish informaid or to be
posal and dusultant is awancial Propo
onsulting serinate from apecified for C
any), thrth in ITC Su
y submit or participateProposals shnot limit the
including il.
how long Cter the subms shall main
d, and/or corafficking caonage, force, and the uspeople of thobal health rcrime, and cevelopment. ner countriesprevent, mites it partners
mation on comto be paid Proposal anif the Con
ested in the on 4B).
’s requiremein Part 15 .
mation on compaid to agen
uring executwarded the Cosal submis
rvices proviany country Consultants heir Personub-Clause 1
one Proposes in more hall be die participatiindividual e
Consultants’ mission datentain the ava
oercion to an take the ed labour, se of child heir human risks, fuels can sustain
MCC is s to ensure tigate, and s with and
mmissions to agents
nd during nsultant is
Financial
ents aimed of MCC’s
mmissions nts relating tion of the
Contract, as sion form
ided under subject to (including nnel and .10.
al. If a than one
squalified. ion of the experts, to
Proposals e. During ilability of
10
Section 1:
Source oCompactCondition
2. ClarAmeDocu
Instructions to
f Funds; t Terms and ns
ification andendment of Rument
o Consultants
1.15
d RFP
2.1
2.2
2.3
Key ProfesThe MCA negotiationhowever, thextend thConsultantsthat they Professionatheir confiProposal, Professionaconsidered Consultantsextend the v
MCC and Compact toeconomic gthrough thethe proceeunder the Csubject, in aCompact, thincluding rconditions EnvironmenGovernmenfrom the CMCC Fund
Consultantsdocuments PDS beforefor clarificafax to thePDS. Theemail or fax(including identifying the date spe
Should theRFP as a rethe procedu
At any timProposals, t
ssional PersoEntity will
ns within thihe MCA En
he validity s who agree
maintain al Personnel irmation of
Consultantal Personnel
in the finas who do novalidity of th
the Govero help facigrowth in Ge MCA Entids of MCC
Contract. Payall respects, he 609(g) Arestrictions o
to disbntal Guidelnt and the Mompact or h
ding.
s may requup to the n
e the Propoation must bMCA Entity
e MCA Entix and will sean explanathe source
ecified in the
MCA Entityesult of a claure under ITC
me prior to the MCA En
onnel nominmake its be
s period. Sntity may r
period oe to such ex
the availa nominated f extension ts could l in replacemal evaluationot agree haveheir Proposa
rnment intenilitate poverGeorgia.Theity, intends C Funding yments undeto the terms
Agreement, aon the use obursements, lines. No
MCA Entity shave any cla
uest a clarinumber of sal submissibe sent in wty at the addity will respend written ation of theof inquiry)
e PDS.
ty deem it nearification, itC Sub-Claus
the deadlinntity may, fo
nated in theest effort toShould the nrequest Consof their xtension shaability of in the Prop
of validitsubmit n
ment, whichn for Contrae the right toals.
nd to enterrty reductioe Governmeto apply a to eligible
er the Contras and conditiand related dof MCC Fu
and thparty othershall derive aim to the pr
ification of days indicaion date. An
writing or bydress indicapond in wricopies of the query, buto all Cons
ecessary to t shall do sose 2.4.
ne for submor any reason
e Proposal. o complete need arise, sultants to Proposals.
all confirm the Key
posal, or in ty of the new Key h would be act award. o refuse to
r into the on through ent, acting portion of payments
act will be ions of the
documents, unding and he MCC r than the any rights roceeds of
f the RFP ated in the ny request y email or ated in the ting or by e response ut without sultants by
amend the o following
mission of n and at its
11
Section 1:
3. PrepProp
Instructions to
paration of posals
o Consultants
2.4
2.5
3.1
3.2
3.3
sole discretfollowing th
Any amend2.3 shall (communicaConsultantsdirectly from
To give pwhich to tatheir Propoextend the d
The Propoexchanged be written i
In preparinexamine inMaterial drequested m
While prepmust give p
(a) In the Consuenhanassocijoint vseverathe lea In the Consuthat it by assventureither shortliA shorapprovinto a shortliwith nConsu
tion, amend the procedure
dment issue(a) become ated in writins who havem the MCA
prospective ake an amenosals, the Mdeadline for
osal, as welby the Cons
in the Englis
ng their Propn detail the deficiencies may result in
paring the particular att
case where ultants, if a Cce its expertiate with anoventure, all pally liable anader of the jo
case where ultants, if a s
may enhancsociating witre or Sub-co(a) non-shor
isted Consulrtlisted Consval of the Mjoint venturisted Consul
non-shortlisteultant shall a
the RFP by e under ITC
ed under ITCa part of
ng to all shoe registered
A Entity, as th
Consultantsndment into
MCA Entity mthe submiss
ll as all resultants and sh as specifie
posal, Consudocuments in provid
n rejection of
Technical Ptention to the
there has beConsultant cotise for the aother Consulpartners shalnd shall indicoint venture.
there has beshortlisted Cce its expertith other Con
onsultancy, itrtlisted Consltant(s) if so sultant must
MCA Entity ifre with non-sltant(s). In ed Consultan
act as associa
issuing an am Sub-Clause
C Sub-Clauthe RFP an
ortlisted Conor obtained
he case may
s reasonableo account in may, at its sion of Propo
elated correthe MCA Ened in the PD
ultants are excomprising
ding the inf a Proposal.
Proposal, Ce following:
een no short onsiders that
assignment, iltant. In call be jointly acate who wil.
een short listonsultant coise for the as
nsultants in at may associsultant(s), orindicated in
t first obtain f it wishes toshortlisted or
n case of assont(s), the shoation leader.
mendment e 2.4.
uses 2.2 or nd (b) be
nsultants or d the RFP be.
e time in preparing
discretion, osals
spondence ntity, shall
DS.
xpected to g the RFP. nformation .
Consultants
listing of t it may it may ase of a and ll act as
ting of onsiders ssignment a joint iate with r (b)
n the PDS. the
o enter r ociation ortlisted
In case
12
Section 1:
TechnicaFormat a
Instructions to
al Proposal and Content
o Consultants
3.4
of a joseverathe lea
(b) The esProfesassignthe evnumbeConsu For fixbudgePropoestimashall n
(c) Alternproposbe subTOR.
Consultantswhich shalfollowing pforms proProposal”).of A4 or US
(a) Informis requbrief dand anConsuassignTECHassignof assoparticiamounInformassigncontrafirms wcomplprivateclaimeof an a
oint venture, ally liable anader of the jo
stimated numssional Personment may bvaluation of ter of person-ultant.
xed-budget-bet is given in sal shall notated number not be disclo
native Key Psed, and only
bmitted for e
s are requirell provide tparagraphs (ovided in A page isS letter-size
mation on theuired (Form description on outline of rultant and of nments of a sH-3 and TECnment, the ouociates or Kipated, duratnt, and Consmation shoulnments for wacted as a corwithin a joinleted by indiely or througed as the expassociate, bu
all partners nd shall indicoint venture.
mber of personnel envisabe shown in tthe Proposal-months esti
based assignn the PDS, ant exceed this r of Professioosed.
Professional Py one curric
each position
ed to submitthe informa(a) through (
Section 4s considered paper.
e ConsultantTECH-2 of
of the Consurecent experf each associsimilar natur
CH-4 of Sectutline should
Key Professiotion of the assultant’s invold be provide
which the Corporation or nt venture. ividual profegh other conperience of tut can be cla
shall be joincate who wil.
son-months faged to executhe PDS. Hl shall be basimated by th
nments, the and the Finan budget, whional staff-mo
Personnel shculum vitae (n indicated in
t a technicalation indicat(g) using th4A (the “to be one pr
t’s financial f Section 4A)ultants’ organrience of the ate, if any, ore is requiredtion 4A). Fd indicate thonal Personnssignment, colvement. ed only for tnsultant was
r as one of thAssignmen
essional staffnsultants canthe Consultaaimed by the
ntly and ll act as
for Key ute the However, sed on the
he
available ncial ile the onths
hall not be (CV) may n the
l proposal, ted in the
he standard “Technical rinted side
capacity ). A nization
on d (Form For each e names
nel who contract
those s legally he major nts ff working nnot be ant, or that
13
Section 1:
Instructions too Consultants
3.5
profesConsuclaimeEntityrequir
(b) CommReferecould assignstaff asuppoequipmEntity
(c) A descwork pthe folmethostaffinsectionTECHconsisSchedwill shpropos
(d) The liby areassignTECH
(e) Estimaforeigthe asspersonfor hoand lo
(f) CVs othe starepres
(g) A detaand sttrainin
The TechninformationTECH-2.
ssional staff ultants shouled experienc
y. Referencred (Form TE
ments and suence includinimprove the
nment; and oand facilitiesrt, office spament, data, e
y (Form TEC
cription of thplan for perfllowing subj
odology, worng schedule. n of the Tech
H-6 of Sectiostent with thedule (Form Thow in the fosed for each
st of the proea of expertisned to each pH-8 of Sectio
ates of the stn and local psignment (Fon-months inpme office an
ocal professio
of the Key Praff themselvesentative (Fo
ailed descripaffing for tra
ng as a speci
ical Proposan other than
A Technic
themselves id be prepare
ce if so requeces of the CoECH-5 of Se
uggestions onng workable
e quality/ effon requiremes including: aace, local traetc. to be proCH-7 of Sect
he approachforming the jects: technicrk plan, and Guidance onhnical Propo
on 4A). The we Work and
TECH-10 of orm of a bar
h activity.
oposed Key Pse, the positiperson, and ton 4A).
taff input (pprofessionalorm TECH-put should bnd field activonal staff.
rofessional Pes and/or by
orm TECH-1
ption of the paining, if theific compone
al shall not the required
cal Proposal
in their CVsed to substanested by the onsultant areection 4A).
n the Terms e suggestionsfectiveness oents for counadministrativansportation,ovided by thtion 4A).
h, methodoloassignment cal approachorganizationn the contenosal is proviwork plan shDeliverableSection 4A)
r chart the tim
Professional ion that woutheir tasks (F
erson-monthls) needed to9 of Section
be indicated svities, and fo
Personnel sigy the authoriz11 of Section
proposed mee PDS specifent of the ass
include anyd informatiol containing
s. ntiate the MCA
e also
of s that
of the nterpart ve , e MCA
gy and covering
h and n and nt of this ded (Form hould be s ) which ming
Personnel uld be Form
hs of o carry out n 4A). The separately or foreign
gned by zed n 4A).
ethodology fies signment.
y financial on in Form g financial
14
Section 1:
Financial
Taxes
Currenci
4. SubmReceOpenProp
Instructions to
l Proposals
es
mission, eipt, and ning of
posals
o Consultants
3.6
3.7
3.8
3.9
4.1
informationProposal no
The Consuusing the fProposal”).assignment(foreign anhome officPDS. All aProposal shoffered in th
Except as Agreement associates, Personnel sthe 609(g) law (now (includingtheir respecevent that aassociates, Personnel, account forobligation associates, Personnel ftax exemptreatment obetween M
Consultantscurrency or
CommissioConsultantslisted in th4B.
The followTechnical P“ORIGINAL
overwritingby the ConProposal meach page o
n will conson-responsiv
ultant’s finanforms provid It shall li
t, includingnd local, in ce) and travctivities andhall be assuhe Financial
may be eor the Com
if any), Subshall be subjAgreement or hereafteits associate
ctive Personnany Taxes a
Sub-Consthe Contrac
r such Taxesto pay or
Sub-Consfor any Taxeption underof funding prCC and the G
s must submr currencies s
ons and gratus and relate
he Financial
wing applieProposal, andL” shall cg, except as nsultants themmust initial sof the releva
titute grounve.
ncial propoded in Sectioist all priceg remunerathe field an
vel expensesd items descumed to be l Proposal.
exempt purmpact, a Conb-Consultantect to certaior the Comper in effectes, if any), nel shall payare imposed sultants, oct price shas. The MCAcompensate
sultants, oes. The termsr the Comrovided by MGoG.
mit their Finaspecified in
uities, if anyed to the aProposal Fo
es to the d of the Fincontain nonecessary t
mselves. Tsuch correctiant “ORIGINA
nds for dec
sal shall beon 4B (the
es associatedation for nd at the Cos, if indicatribed in the included in
rsuant to thnsultant (incts, and their in Taxes (as pact) under t). The CSub-Consu
y all such Taon the Con
or their all not be aA Entity shae the Consor their s and conditmpact regarMCC will be
ancial Propothe PDS.
y, paid or to bassignment orm FIN-1
“ORIGINAL
ancial Propoo interlineato correct erThe person sions, as welAL”. The s
claring the
e prepared “Financial d with the Personnel
onsultants’ ted in the Technical
n the price
he 609(g) cluding its respective defined in applicable
Consultant, ultants and axes. In the nsultant, its
respective adjusted to all have no sultant, its respective ions of the rding the e finalized
osals in the
be paid by should be of Section
L” of the osal. The ations or rrors made signing the ll as initial submission
15
Section 1:
Instructions too Consultants
4.2
4.3
4.4
letters for tProposal sh(Form TEC
If required the Consultand of the Technical Pwritten powsigning h“ORIGINAL
associates. signed Fin“ORIGINAL
Copies of Proposal shand each preferred thphotocopyiHowever, tmade by anbetween thedocuments,
The “ORIG
Proposal shclearly mar“ORIGINAProposal envelope/pa Each envelthe MCA E4.4), the nthey have tAssignmen In additionand copies with a warProposal.”in a separindicated declaring th The two e
the Technichould respec
CH-1) and (F
in the PDStant signing
Financial PProposal an
wer of attornas been d
LS” on beh The signe
nancial PropL”.
the Technihall be made
shall be chat all coping the the Consultany other mee original an, then the “O
GINAL” and hall be plarked “Tech
AL” and eashall be arcel clearly
ope/parcel sEntity as staame and adto be returnet as stated in
n, the enveloof the Fin
rning “Do If the Finate sealed above, this
he Proposal n
envelopes/pa
al Proposal ctively be inForm FIN-1)
S, the authorthe “ORIGIN
Proposal shan authorizatiney demonstduly autho
half of the ed Technicaposals shall
ical Propose, in the numclearly markies required“ORIGINAL
ant should neans and dind any of theORIGINAL” sh
each “COP
aced in a senical Propoach “COPYplaced in
y marked “Fi
shall bear theated in the Pddress of thed unopenedn the PDS (I
ope/parcel cnancial Prop
Not Open nancial Propenvelope/pas will connon-respons
arcels conta
and for then the format.
rized represeNALS” of theall provide ion in the trating that torized to
Consultantal Proposall be clearl
al and the mber stated in
ked “COPY
d should beL” as apnote that if screpancies
e copies of thhall govern.
PY” of the ealed envelosal”. SimY” of the
a separatinancial Pro
e name and PDS (ITC S
he Consultand, and the NaTC Sub-Cla
containing thposal shall b
With the posal is not arcel duly mnstitute grosive.
aining the
e Financial t shown in
entative of e Technical within the form of a the person sign the
t, and its s and the
ly marked
Financial n the PDS,
Y”. It is made by ppropriate. copies are are found
he relevant
Technical lope/parcel
milarly, the Financial
te sealed oposal”.
address of Sub-Clause nt (in case ame of the
ause 1.3).
he original be marked Technical submitted
marked as ounds for
Technical
16
Section 1:
5. Prop
EvaluatioProposal
Instructions to
posal Evalua
on of Technis
o Consultants
4.5
4.6
ation 5.1
ical 5.2
Proposal aninto one ousecurely seouter envelname and assignment“Do Not OAppointedindicated inresponsibleopening if tmarked as for Proposa
Proposals maddress anspecified inaccordancereceived bsubmissionunopened to
The MCA as soon as psort the ProProposals abe opened the TechniTEP is readthat the Finstored untilProposals ta
From the tContract isMCA EntiProposal oConsultant examinationrecommendrejection of
The TEP sbasis of theapplying thsystem spProposal w
nd the Finanuter envelopealed to prelope/carton s
address oft reference Open, Exce, Before[stan the PDS.
e for mispthe outer enstipulated.
al rejection.
must be recnd no later n the PDS, with ITC y the MCA shall be deo the Consul
Entity shall possible afteoposals into as appropriatas specified
ical Proposady to convennancial Propl such time aakes place.
time Proposs awarded, City on any or Financial
to influenn, evaluatiodation for awf the Consult
hall evaluateir responsivhe evaluatioecified in
will be giv
ncial Proposape or cartonevent premshall bear thf the Consnumber, an
ept In Presate submissi
The MCAplacement, nvelope/cartoThis circum
ceived by ththan the tior any exteSub-Clause
A Entity afeclared late, ltant.
open the ouer the deadli
Technical Pte. The Te
d in the PDSals shall remne. The MCposals remaias the public
sals are opeConsultants matter rela
l Proposal. nce the Mon, rankingward of Contant’s Propo
te the Technveness to theon criteria, s
Section 3ven a techn
al shall thenn (as appropature openi
he submissiosultant, namnd be clearlsence of thion time anA Entity shlosing or
on is not seamstance may
he MCA Enime and onension of the 2.5. Anyfter the derejected an
uter envelopine for submProposals orechnical propS. The envelmain sealedCA Entity shin sealed anc opening of
ened to themay not c
ated to its Any eff
MCA Entityg of Propontract may resal.
nical Propose Terms of Rsub-criteria, . Each rnical score
n be placed priate) and ing. This on address, me of the ly marked
he Official nd date] as hall not be
premature aled and/or y be cause
ntity at the n the date his date in y Proposal adline for
nd returned
pes/cartons mission and r Financial posals will lopes with
d until the hall ensure
nd securely f Financial
e time the contact the
Technical fort by a y in the osals, and esult in the
sals on the Reference, and point
responsive (St). A
17
Section 1:
Financial
Instructions to
l Proposals
o Consultants
5.3
5.4
5.5
Proposal shrespond to the Terms minimum te
Following Proposals, MCC (if aConsultantsProposals wtechnical scresponsive qualifying opening of The notificwhose Techqualifying non-responreturned unthe selectio
Financial Ppresence ochoose to athe notice iFinancial Pthey have Financial Pminimum Evaluation (St) and onFinancial Pbe read outshall subseFinancial P
The TEP wcases of a dtotal amounwill prevaiactivities anbut not priprices of oactivity or Financial Pcorrections
hall be rejeimportant asof Referen
echnical sco
completion and after r
applicable), s who have which were ccores of thoand (c) to tmark, the the Financia
cation shallhnical Prop
mark, onsive, that thnopened aften process.
Proposals shof those Cattend at theissued pursu
Proposals wilremained s
Proposals ofqualifying stage will b
nly the TotaProposal Subt aloud and
equently be Proposals we
will correct discrepancy nt, or betweil. In addnd items deced, shall b
other activitiline item
Proposal frowill be app
ected at thisspects of thence or if it ore indicated
of the evareceiving a the MCA Esubmitted P
considered nose Proposalthose who adate, time
al Proposals.
l also adviosals did noor which heir Financer the MCA
hall be opeConsultants’ e date, time uant to ITC ll first be inssealed and uf those Con
mark follobe opened. al Proposal Pbmission For
recorded. sent to tho
ere opened an
any computbetween a p
een words adition to thscribed in th
be assumed ies or itemsis quantifie
om the Teplied to the
s stage if ite RFP, and p fails to ac
d in the PDS.
aluation of “no object
Entity shall Proposals ofnon-responsis which wer
achieved the and locatio
.
se those Cot meet the
were cial ProposaEntity has
ened publicrepresentat
and locationSub-Clause
spected to counopened.
nsultants whowing the
The TechnPrice, as starm (Form FIA copy of
se Consultand to MCC.
tational erropartial amouand figures the above cohe Technicato be includ
s. In cases ed different
echnical ProFinancial P
t does not particularly chieve the .
Technical tion” from
notify all f (a) those ive, (b) the re deemed minimum
on for the
Consultants minimum
considered als will be completed
cly in the tives who n stated in
e 5.4. All onfirm that
Only the ho met the
Technical nical Score ated in the IN-1) shall the record
ants whose
ors, and in unt and the the former orrections,
al Proposal ded in the where an
tly in the oposal, no Proposal in
18
Section 1:
6. Nego
Instructions to
otiations
o Consultants
5.6
5.7
6.1
this respectfinancial prconverted tusing the indicated in
For Qualitlowest evalthe maximufinancial scbe computeEvaluation to their comusing the wProposal; PT + P = 1)P%. The technical anegotiation
Prior to exreserve themarket-reasdeterminatilow) could discretion obe permitdeterminatiaddition, tinformationA negative lead to the may, at itsConsultant
NegotiationPDS. The iattendance all the Key Proposal. Fin the MCnext-rankednegotiationwritten authon behalf o
t. If Consuroposals in to a single selling rate
n the PDS.
ty and Cosluated Finanum financia
cores (Sf) of ed as indicatCriteria. P
mbined technweights (T = P = the weigh) indicated inConsultant and financi
ns.
xecution of ae right to sonableness ion (either ube a reason
of the MCAtted to reion that its othe MCA n provided o
determinatirejection of
s discretion,for negotiati
ns will be heinvited Consat the negotProfessiona
Failure to coCA Entity pd Consulta
ns on behalhority to negf the Consul
ultants are na single curcurrency fos of exchan
t Based Sencial Proposal score (Sf)f the other Fited in SectioProposals winical (St) anthe weight g
ht given to thn Section 3achieving t
ial score
a contract, tconduct a
of the priceunreasonably
for rejectionA Entity. Theevise its offered price
Entity maon Form TEion in the po
f the Proposa move to iion.
eld at the adsultant will,tiations, confal Personnel onfirm such proceeding tant. Represlf of the Cgotiate and ltant.
not required rrency, price
or evaluationnge, source
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19
Section 1:
Technica
Financial
AvailabilProfessioStaff/Exp
Instructions to
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20
Section 1:
ConclusiNegotiati
7. Awa
8. Conf
9. Bid Syst
Instructions to
ion of the ions
ard of Contra
fidentiality
Challenge em
o Consultants
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After the publish on the results winning Csummary sshall be seProposals.shall returnunsuccessfu
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21
Section 1: Instructions too Consultants
within fivesupplier orbecame awcircumstancthe bid chaMCA-Georsubmissionstating thechallenge icorrective challenge sh
MillenniumDimitri KeProcuremen4 Sanapiro Tbilisi, 010Telephone:Email: dkem Appeals
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ware, or shoces giving rallenge is rergia shall, of the bid c reasons fois upheld inmeasures thall be addre
m Challenge moklidze nt Directorstr.,
05, Georgia: +99559119moklidze@m
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MCC must beform) withintant, suppliered of an adveof appeal to
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when the cng the bid become awabid challengmutual agreeteen (15) dssue a writteision and, iin part, indi be taken.
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22
Section 1:
10. ComCond
Instructions to
mpact ditionalities
o Consultants
10.1
10.2
Consultantscarefully thto the Contand the Mand relatedCompact atransferred or Sub-Cosubsequent
The provisiapply both the perform
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23
Section 2: Proposal Data Sheet
24
Section 2 Proposal Data Sheet ITC 1.1 The name of the MCA Entity is MCA-Georgia.
The method of selection is the Quality and Cost Based method.
ITC 1.3 The Name of the assignment is: Improving General Education: Consultant Services for Education Project Design
ITC 1.4 A Pre-Proposal Meeting will be held on February 27 in Tbilisi, Georgia.
ITC 1.14 Proposals must remain valid for ninety (90) days after the deadline for the submission of Proposals specified in PDS ITC 4.5.
ITC 2.1 Clarifications may be requested by e-mail not later than 30 days before the deadline for submission of the Proposals, so that responses can be issued to all Consultants not later than 20 days prior to the deadline for submission of Proposals.
The address for requesting clarifications is:
MCA-Georgia Att.: Dimitri Kemoklidze. Procurement Director Address: 4 Sanapiro str., Tbilisi, 0105, Georgia
Email: [email protected]
ITC 3.1 Technical and Financial Proposals shall be submitted in English
ITC 3.4(g) Training is not a specific component of this assignment.
ITC 3.8 Consultants must submit Financial Proposals in: USD or Georgian Lari (GEL) at the discretion of the Consultant.] No other currency or combination of currencies is allowed.
ITC 4.2 Written Power of Attorney required Yes [ ] No [x]
ITC 4.3 A Consultant must submit the Technical Proposal and the Financial Proposal in separate documents/files, in the language specified in PDS ITC 3.1.
Section 2: Proposal Data Sheet
25
ITC 4.4 The address for the submission of Proposals is:
Email : [email protected]
ITC 4.5 Proposals must be submitted no later than 6:00 pm Georgian time (GMT +
4:00) (local time in Georgia) on April 4, 2013.
ITC 4.6 Technical Proposals will not be opened publicly.
ITC 5.2 The minimum technical score required to pass is 75 out of 100 possible points.
Section 3: Qualification and Evaluation Criteria
26
Section 3 Qualification and Evaluation Criteria
3.1 Legal Status The Consultant shall attach to form TECH-1 a copy of its letter of incorporation, or other such document, indicating its legal status, as well as any other document showing that it intends to associate, or it has associated with, the other associates who are submitting a joint proposal. In case the Consultant is a joint venture, letters of incorporation, or other such documents, shall be attached for all associates of the joint venture.
3.2 Evaluation Criteria
Criteria, sub-criteria, and point system for the evaluation of Technical Proposals.
ITC 5.2 Criteria, sub-criteria Points
Sub Factor 1: Management Approach, Organizational Chart and Staffing Plan
The Evaluation Panel will review plans for the overall management of the contract.
A. Overall management approach and effectiveness for ensuring that the contract requirements will be met or exceeded.
5
B. Organizational chart and staffing plan. Indicate the number of people by position in terms of Full Time Equivalents (FTEs) and which persons are part time and which are full time.
5
A. Proposed key personnel for this contract. For each position, CVs should include a description of the professional and technical qualifications and licenses necessary for satisfactory performance of services under this contract as well as specialized experience and technical competence in the type of work outlined in the Terms of Reference.
30
Team Leader 40% Teacher/School Management Training Specialist 20% Education Materials/IT Specialist 20% Classroom/National Assessment Specialist 20% Total weight 100% B. Demonstrated capacity to accomplish the work in the
required time. Consultants should note capacity to mobilize rapidly and accomplish the tasks, and citing
5
Section 3: Qualification and Evaluation Criteria
27
previous relevant experiences in developing countries.
C. Subcontracting plan and experience/references of sub consultants (if applicable)
5
Total Points for this criterion 50 Sub Factor 2: Technical Approach A. Clearly demonstrates an understanding of the scope of
work by illustrating your technical approach 20
B. Quality Control Plan clearly demonstrates how you will meet all the requirements of the statement of work, including staffing and personnel who will be implementing and performing the work.
15
Total Points for this criterion 35
1. Sub Factor 3: Relevant Past Performance
Successful experience in projects of a similar type, magnitude and complexity to the project contemplated for placement under this contract. Consultants should demonstrate particular experience with general/secondary education in developing countries. Georgia experience is a plus.
10
References - Consultants should provide at least three (3) references for the last three (3) years on contracts similar in nature.
5
Total Points for this criterion
15
Total Points for the three (3) Criteria 100 The minimum technical score St required to pass is 75
ITC 5.7 The formula for determining the financial scores is the following: Sf= 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price and F the price of the Proposal under consideration. The weights given to the Technical and Financial Proposals are: T = [insert] and F = [insert]
Section 4A: Technical Proposal Forms
28
Section 4 A: Technical Proposal Forms
TECH-1 Technical Proposal Submission Form
TECH-2 Financial Capacity of the Consultant (not required for this proposal)
TECH-3 Organization of the Consultant
TECH-4 Experience of the Consultant
TECH-5 References of the Consultant
TECH-6 Description of Approach, Methodology and Work Plan for Performing the Assignment
TECH-7 Comments and Suggestions
TECH-8 Team Composition and Task Assignments
TECH-9 Staffing Schedule
TECH-10 Work and Deliverables Schedule
TECH-11 Curriculum Vitae (CV) of Proposed Key Professional Personnel
Note: Comments in brackets on the following pages serve to provide guidance for the preparation of the Technical Proposal and therefore should not appear on the Technical Proposal to be submitted.
Section 4A: Technical Proposal Forms
29
Form TECH-1. Technical Proposal Submission Form
[Location, Date]
To: Mr. or Ms. Procurement Director MCA-Georgia
Address:
Email:
Dear Sirs,
Re: Improving General Education: Consultant Services for Training Educators for Excellence and Classroom, National and
International Assessment Support Activity Project Design RFP/ QCBS / GEO-2012-003
We, the undersigned, offer to provide the consulting services for the above mentioned assignment in accordance with your Request for Proposal (RFP) dated [Insert Date] and our Proposal.
We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal, each sealed in separate and clearly marked envelope/parcel.
We are submitting our Proposal in association with:
[Insert a list with full name and address of each Associated Consultant].1
We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.
We are attaching herewith information to support our eligibility in accordance with Section 3 of the RFP.
We hereby certify that we are not engaged in, facilitating, or allowing any of the prohibited activities described in Part 15 of the MCC Program Procurement Guidelines (Combating Trafficking in Persons) and that we will not engage in, facilitate, or allow any such prohibited activities for the duration of the Contract. Further, we hereby provide our assurance that the prohibited activities described in Part 15 of the MCC Program Procurement Guidelines will not be tolerated on the part of our employees, or any sub-consultants, or sub-consultant employees. Finally, we acknowledge that engaging in such activities is cause for suspension or termination of employment or of the Contract.
1 [Delete in case no association is foreseen.]
Section 4A
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Section 4A: Technical Proposal Forms
31
Government-Owned Enterprise Certification Form Government-Owned Enterprises are not eligible to compete for MCC-funded contracts. Accordingly, GOEs (i) may not be party to any MCC-funded contract for goods, works, or services procured through an open solicitation process, limited bidding, direct contracting, or sole source selection; and (ii) may not be pre-qualified or shortlisted for any MCC-funded contract anticipated to be procured through these means. This prohibition does not apply to Government-owned Force Account units owned by the Government of the MCA Entity’s country, or Government-owned educational institutions and research centers, or any statistical, mapping or other technical entities not formed primarily for a commercial or business purpose, or where a waiver is granted by MCC in accordance with Part 7 of MCC’s Program Procurement Guidelines. The full policy is available for your review on the Compact Procurement Guidelines page at the MCC Website (www.mcc.gov). As part of the eligibility verification for this procurement, please fill in the form below to indicate the status of your entity. For purposes of this form, the term “Government” means one or more governments, including any agency, instrumentality, subdivision or other unit of government at any level of jurisdiction (national or subnational).
CERTIFICATION
Full Legal Name of Bidder:
__________________________________________________________________
Full Legal Name of Bidder in Language and Script of Country of Formation (if different from above):
________________________________________________
Address of Principal Place of Business or Chief Executive Office of Bidder:
________________________________________________
________________________________________________
________________________________________________
Full Name of Three (3) Highest Ranking Officials of Bidder (for any Bidder that is an entity):
________________________________________________
________________________________________________
________________________________________________
Section 4A: Technical Proposal Forms
32
Full Legal Name(s) of Parent Entity or Entities of Bidder (if applicable; if Bidder has no parent, please so state):
__________________________________________________________________
Full Legal Name(s) of Parent Entity or Entities of Bidder in Language and Script of Country of Formation (if applicable and if different from above):
________________________________________________
Address(es) of Principal Place of Business or Chief Executive Office of Parent Entity or Entities of Bidder (if applicable):
________________________________________________
________________________________________________
________________________________________________
Does a Government own a majority or controlling interest (whether by value or voting interest) of your shares or other ownership interest (whether directly or indirectly and whether through fiduciaries, agents or other means)? Yes No
If your answer to question 1 was yes, are you a Government-owned: Force Account unit Yes No Educational institution Yes No Research center Yes No Statistical entity Yes No Mapping entity Yes No Other technical entities not formed primarily for a commercial or business purpose
Yes No Regardless of how you answered question 1, please answer the following: Do you receive any subsidy or payment (including any form of subsidized credit) or any other form of assistance (financial or otherwise) from a Government? Yes No
If yes, describe: _________________________________________________________ Has a Government granted to you any special or exclusive legal or economic rights or benefits that may alter the competitiveness of your goods, works or services or otherwise influence your business decisions? Yes No
If yes, describe: _________________________________________________________ Does a Government have the ability to direct or decide any of the following with respect to you: any reorganization, merger, or dissolution of you or the formation or acquisition of any subsidiary or other affiliate by you Yes No any sale, lease, mortgage, pledge, or other transfer of any of your principal assets, whether tangible or intangible and whether or not in the ordinary course of business Yes No
Section 4A: Technical Proposal Forms
33
the closing, relocation, or substantial alteration of the production, operational, or other material activities of your business Yes No your execution, termination, or non-fulfillment of material contracts Yes No the appointment or dismissal of your managers, directors, officers or senior personnel or otherwise participate in the management or control of your business Yes No
Have you ever been Government-owned or controlled? Yes No If your answer to question 4 was yes, please answer the following questions How long were you Government-owned? _________________ When were you privatized? ________________________ Do you receive any subsidy or payment (including any form of subsidized credit) or any other form of assistance (financial or otherwise) from a Government ? Yes No
If yes, describe: _________________________________________________________ Even though not majority or controlling, does a Government continue to hold any ownership interest or decision making authority in you or your affairs? Yes No
If yes, describe: _________________________________________________________ Do you send any funds to a Government other than taxes and fees in the ordinary course of your business in percentages and amounts equivalent to other non-Government-owned enterprises in your country that are engaged in the same sector or industry?
Yes No If yes, describe: _________________________________________________________
Participants are advised that: 1. Prior to announcing the winning bidder or consultant or any list of pre-qualified bidders or shortlisted consultants for this procurement, the MCA Entity will verify the eligibility of such bidder(s) or consultant(s) with MCC. MCC will maintain a database (internally, through subscription services, or both) of known GOEs and each winning or pre-qualified bidder and winning or shortlisted consultant subject to this provision will be compared against the database and subject to such further due diligence as MCC may determine necessary under the circumstances. 2. Any misrepresentation by any entity submitting a bid or proposal for this procurement may be deemed a “fraudulent practice” for purposes of the MCC Program Procurement Guidelines and any other applicable MCC policy or guidance, including MCC’s Policy on Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations. 3. Any entity that is determined by MCC to have organized itself, subcontracted any part of its MCC-funded contract, or otherwise associated itself with any other entity for the purpose of, or with the actual or potential effect of, avoiding or otherwise subverting the provisions of the MCC Program Procurement Guidelines may be deemed to be a GOE for all purposes of those Guidelines.
4. Any credible accusation that any entity submitting a bid or proposal for this procurement is a GOE ineligible to submit a bid or proposal in accordance with the MCC Program Procurement Guidelines will be subject to review in a bid challenge in accordance with those Guidelines and the MCA Entity’s Bid Challenge System.
Section 4A: Technical Proposal Forms
34
I hereby certify that the information provided above is true and correct in all material respects and understand that any material misstatement, misrepresentation or failure to provide the information requested in this certification may be deemed a “fraudulent practice” for purposes of the MCC Program Procurement Guidelines and other applicable MCC policy or guidance, including MCC’s Policy on Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations. Authorized Signature: ____________________________________ Date: _________________
Printed Name of Signatory: ____________________________________
Section 4A: Technical Proposal Forms
35
Form TECH-2. Financial Capacity of the Consultant
[Not required for this Proposal]
Section 4A: Technical Proposal Forms
36
Form TECH-3. Organization of the Consultant
[Provide a brief description of the background and organization of your firm/entity and of each associate for this assignment. Include the organization chart of your firm/entity. The Proposal must demonstrate that the Consultant has the organizational capability and experience to provide the necessary administrative and technical support to the Consultant’s Project Team in country. The Proposal shall further demonstrate that the Consultant has the capacity to field and provide experienced replacement Personnel at short notice. Further, the Consultant must nominate a home-office project director who would manage the contract on behalf of the Consultant, if awarded, and submit his/her CV (using Form TECH-11).
Maximum 10 pages, not counting the CV of home-office project director]
Section 4A: Technical Proposal Forms
37
Form TECH-4. Experience of the Consultant
[Using the format below, provide information on each relevant assignment for which your firm, and each associate for this assignment, was legally contracted either individually as a corporate entity or as one of the major companies within an association, for carrying out consulting services similar to the ones requested under the Terms of Reference included in this RFP. The Proposal must demonstrate that the Consultant has a proven track record of successful experience in executing projects similar in substance, complexity, value, duration, and volume of services sought in this procurement.
Maximum 20pages]
Assignment name:
Approx. value of the contract(in current US$):
Country: Location within country:
Duration of assignment (months):
Name of client Total No. of staff-months of the assignment:
Address:
Approx. value of the services provided by your firm under the contract(in current US$):
Start date (month/year): Completion date (month/year):
No. of professional staff-months provided by associated consultants:
Name of associated consultants, if any:
Name of proposed senior professional staff of your firm involved and functions performed (indicate most significant profiles such as project director/coordinator, team leader):
Narrative description of project:
Description of actual services provided by your staff within the assignment:
Name of Firm: _________________________________
Section 4A: Technical Proposal Forms
38
Form TECH-5. References of the Consultant
[Provide contact information for at least three (3) references that can provide substantial input about:
(a) The type of work performed
(b) Confirm the quality of the work experience listed in Form TECH-4.
These three (3) references should be for work performed in the last three (3) years on contracts similar in nature to this award with GoG, U.S. government agencies, or World Bank and other international financial institutions. The information will summarize clearly the nature of the assistance contracted, the types of tasks performed and the results achieved through the contract. The Consultant should provide a concise narrative of each contract.
The Consultant shall include the name, telephone number and email address of knowledgeable customer contacts. Consultants are authorized and encouraged to provide information on problems encountered on the identified contracts and the Consultant's corrective actions taken. GoG and MCC reserve the right to obtain information for use in the evaluation of past performance from any and all contracts. The MCA Entity reserves the right to contact other sources as well as to check references and past performance.2
[Maximum 3 pages]
2Beginning in April of 2008, there will be a formal mechanism for reporting and sharing past performance information on all MCC-funded projects. This mechanism is detailed in the guidance paper entitled “Reporting and Considering Past Performanceby Consultants in The MCA Entity Program Procurements” and can be found at www.mcc.gov.
Section 4A: Technical Proposal Forms
39
Form TECH-6. Description of Approach, Methodology and Work Plan for Performing the Assignment
[In this section, the Consultant should provide a comprehensive description of how it will provide the required Services in accordance with the Terms of Reference (TOR) included in this RFP. Information provided must be sufficient to convey to the TEP that the Consultant has an understanding of the challenges in performing the required Services and that it has an approach, methodology and work plan to overcome those challenges.
Your Technical Proposal should be divided into the following three (3) chapters:
(a) Technical Approach and Methodology,
(b) Work Plan, and
(c) Organization and Staffing
(a) Technical Approach and Methodology. In this chapter, you should explain your understanding of the objectives of the assignment, approach to the services, methodology for carrying out the activities and obtaining the expected output, and the degree of detail of such output. You should highlight the problems being addressed and their importance, and explain the technical approach you would adopt to address them. You should also explain the methodologies you propose to adopt and highlight the compatibility of those methodologies with the proposed approach.
(b) Work Plan. In this chapter, you should propose the main activities of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the MCA Entity), and delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents, including reports, drawings, and tables to be delivered as final output, should be included here. The work plan should be consistent with the Work and Deliverables Schedule of Form TECH-10.
(c) Organization and Staffing. In this chapter, you should propose the structure and composition of your team. You should list the main disciplines of the assignment, the key expert responsible, and proposed technical and support staff.
Maximum 50 pages, including charts and diagrams]
Section 4A: Technical Proposal Forms
40
Form TECH-7. Comments and Suggestions
[These comments shall not be used for evaluation purposes, but may be discussed during negotiations. The MCA Entity is not bound to accept any modifications proposed. If the proposed modifications/suggestions would require changes in the offered price, it shall be noted as such, without giving the price of the change. Disclosure of any prices in this form shall be reason for rejection of the Proposal.
Maximum 5 pages]
A: On the Terms of Reference
[Present and justify here any modifications or improvements to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, or adding another, or proposing a different phasing of the activities).]
B: On the Counterpart Staff and Facilities
[Comment here on the counterpart staff and facilities to be provided by the MCA Entity.]
Section 4A: Technical Proposal Forms
41
Form TECH-8. Team Composition and Task Assignments
Key Professional Personnel
Name of Staff Organization Area of Expertise
Position Assigned Task Assigned
S
Foreign
1
2
3
n
Local
1
2
3
Section 4A: Techni
Sta
[Ho
[Fi
[Ho
[Fi
[Ho
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ical Proposal Form
aff input (in the 12 2
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ersonnel the inpf, etc.). om the start of t
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hart)1 5 6 7
put shall be indic
the assignment.
a place other tha F P
-9. Staffing
8 9
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cated individual
For each Per
n the ConsultanFull time input
Part time input
g Schedule
10 11 N
otal
otal
lly; for support
rsonnel indicate
nt's home office.
42
Total staffN Home
staff it shall be
separately staf
.
f-month input Field3
indicated by cat
ff input for hom
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tegory (e.g.:
me and field
al
Section 4A: Technical Proposal Forms
43
Form TECH-10. Work and Deliverables Schedule
Activity Months
1 2 3 4 5 6 7 8 9 10 11 12 1 3 4 5 5 N And so on Deliverable
1 2 3 N And so on
[Indicate all main activities of the assignment, including deliverables and other milestones, such as the MCA Entity approvals. For phased assignments, indicate activities, deliverables and milestones separately for each phase. Duration of activities shall be indicated in the form of a bar chart. See TOR for the full list of deliverables. Above is a sample format (to be further completed by the Consultant based on the TOR requirements) that shall be used by the Consultant as an indicator of the proposed work load. The submission shall be evaluated as part of the Approach and Methodology.]
Section 4A
P1. N2. N3. D4.
E5.
M6.PA
O7. C8.
E L9.
E10.R
D11.A
W12.thcath
A: Technical Pr
Form T
roposed PosName of FirmName of PersDate of Birth
Education
Membership rofessional
Associations Other TraininCountries of Experience Languages
Employment Record
Detailed Assigned Work undehat best illuapability to hhe tasks assig
roposal Forms
TECH-11.
sition [onm [Inssonnel [Ins
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dicate collegmber, givingtainment].
dicate approst countries
or each langueaking, readinguage
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ganization, pom [year]:
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present positmember sincere below): daositions held
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assignments ollowing infcapability to
nment or
eatures:
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be nominatedsing the staf
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graduate and has worked
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tion, list in re graduation,ates of emplod.] year]:
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reverse order, giving for eoyment, nam
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44
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staff ates of
loyment yment ying
nvolved, hat best 11.]
Section 4A
R13.
[List at Include ereserves performa
C14.
I, the undescribesdescribed
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fo1.reth
W2. 3.
Signature
If this fothe autho
“In due cNOT sigknowledgthe said availabiliprovided
Signaturethe Cons
Day / mo
A: Technical Pr
References:
least three each referencthe right to
ance on any r
Certification:
ndersigned, s me, my qud herein may
ndersigned, entioned Re
or the perioeferenced Rehe offer of th
Within the im
e of Key Pro
orm has NOTorized repres
consideratiogned this CVge and belieKey Profes
ity for this ad for in the R
e of Authoultant
onth/ year
roposal Forms
Pos
Act
individual ce’s name, to contact otrelevant MC
certify that ualifications, y lead to my
hereby decquest for Pro
od(s) foreseeequest for Phe Consultanmplementatio
ofessional Pe
T been signesentative of t
n of my sigV then I decf, a true and
ssional Persoassignment i
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orized Repre
sition held:
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references wtitle, phone ather sources
CC-funded pr
to the besand my expdisqualifica
clare that I oposal. I fur
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ersonnel
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gning herewiclare that th
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esentative o
ormed:
with substanand e-mail cs as well asrojects.]
st of my knperience. I ation or dism
agree to pther declare
pecific Termthe position
the specific
ey Professioant is making
ith below, ifhe facts content AND THobtained his act is agreed
of
ntial knowlecontact infors to check
nowledge anunderstand
missal, if eng
participate wthat I am ab
ms of Refern for which m
contract.
onal Personng the followi
f the Key Prtained therei
HAT I confirassurance t
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edge of thermation.] [references,
nd belief, ththat any wil
gaged.
with the [Coble and willin
rence attachmy CV has
nel, then in sing declarati
rofessional Pin are, to thrm that I havthat he will e Proposal v
e person’s w[The MCA Ein particula
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hed to the abeen includ
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validity perio
45
work. Entity ar for
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Section 4B: Financial Proposal Forms
46
Section 4 B. Financial Proposal Forms
[Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal according to the instructions provided under Sub-Clause 3.6 of Section 1: Instructions to Consultants.]
FIN-1 Financial Proposal Submission Form
FIN-2 Price Summary
FIN-3 Breakdown of Price by Activity
FIN-4 Breakdown of Price by Remuneration
Note: Comments in brackets on the following pages serve to provide guidance for the preparation of the Financial Proposal and therefore should not appear on the Financial Proposals to be submitted.
Section 4B: Financial Proposal Forms
47
Form FIN-1. Financial Proposal Submission Form
[Location, Date]
To: Mr. Dimitri Kemoklidze Procurement Director MCA-Georgia VIA Email: [email protected]
Dear Sirs:
Re: Improving General Education: Consultant Services for Training Educators for Excellence and Classroom, National and
International Assessment Support Activity Project Design
RFP/ QCBS / GEO-2013-001 We, the undersigned, offer to provide the consulting services for the above mentioned assignment in accordance with your Request for Proposal (RFP) dated [Insert Date] and our Technical Proposal.
Our attached Financial Proposal is for the lump sum of [Insert amount(s)3 in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal, as indicated in Paragraph ITC 1.13 of the PDS.
Commissions and gratuities paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below:4
Name and Address of Agents
Amount and Currency Purpose of Commission or Gratuity
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorized Signatory
Name and title of Signatory
Name of Consultant
3Amount must coincide with the ones indicated under total price of Form FIN-2. 4If applicable, replace this paragraph with “No commissions or gratuities have been or are to be paid by us to agents relating to this Proposal and Contract execution”.
Section 4B
Consul
Ful
Opt
In1.
mpr
If2. P3.
trpr
S4.
B: Financial Pro
ltant ServicInt
ll Contract P
tion Period
ndicate the tmust coincid
rovisions relf the RFP corovide fully
ransportationrofits). ee PDS 3.6 r
oposal Forms
Form
Rees for Trainternational
Price
total price tode with the levant to this
ontains optiony loaded prn, office exp
regarding tra
m FIN-2.
e: Improvinning EducatAssessmentRFP/ QCB
o be paid bysum of the s RFP are sens, the optio
rices (includpenses, shipm
avel-related
Price
g General Etors for Exct Support A
BS / GEO-20
US$
(PrirateleveMC
y the MCA Erelevant su
et out in Sectons will be fuding any intment of perso
expenses.
e Summary
Education:cellence and
Activity Proj013-001
$
ice will be dees provided iel of effort p
CA Entity)
Entity in eacub-totals indtion 5: Contrully priced aternational tonal effects,
y
d Classroomject Design
Price1 Georgi
etermined usin form FIN-proposal subm
ch currency.dicated in Foract Forms.)
and evaluatedtravel, comm, direct and i
m, National a
ian Lari
sing staff -4 and a mitted to
. Such total orm FIN-3.) d at 100%. munication, indirect rate
48
and
price (Tax
local es and
Section 4B
Consult
[InformaConsultaof verificphase.]
Total
F1.rephfo
N2.th
A3. P4.
trpr
S5.
B: Financial Pro
Fo
tant ServiceInter
ation to be ant for possibcation of the
Group o
orm FIN-3 sequire differhase has a dor each grou
Names of acthe second co
A short descrrovide fully
ransportationrofit). ee PDS 3.6 r
oposal Forms
orm FIN-3
Rees for Trainirnational A
provided inble additionae market rea
f Activities b
shall be comrent modes odifferent payup of activitietivities (phasolumn of Forription of they loaded pn, office exp
regarding tra
3. Bre
e: Improvining Educatossessment RFP/ QCB
n this Formal services rasonableness
by Phase2
mpleted for thof billing anyment schedues. Includese) should berm TECH-10e activities wprices (inclupenses, shipm
avel-related
eakdown o
g General Eors for Exce
Support BS / GEO-20
shall only requested bys of the pric
he whole assd payment (ule), the Cone base and ope the same a0.
whose price buding intern
ment of perso
expenses.
of Price by
Education:ellence and Activity Pr
013-001
be used toy the MCA Eces offered.
US$
signment. (e.g.: the assnsultant shaption years. as, or corresp
breakdown inational traonal effects,
y Activity
Classroom,roject Design
o establish Entity and/o
Please co
Descriptio
Price4
$
In case somsignment is pall fill a sepa
pond to the
is provided inavel, commu, direct and i
, National n
payments toor for the puromplete for
on3
Local curren
me of the activphased, and
arate Form F
ones indicat
n this Form.unications, indirect rate
49
and
o the rpose each
ncy
vities d each FIN-3
ted in
. local
es and
Section 4B
Consult
[Informato establiexercised
Name2
Foreign Local S
F1.
P P2.
ca P3.
F In4.
prex
S5.
B: Financial Pro
F
tant ServiceInter
ation to be prish staff rated by the MC
n Staff
taff
orm FIN-4 ersonnel listrofessional Pategory (e.g.ositions of orms TECHndicate separices (incluxpenses, andee PDS 3.6 r
oposal Forms
Form FIN-
Rees for Trainirnational A
rovided in thes for the prA Entity.]
Positi
shall be fited in FormsPersonnel sh., draftsmen,the Key Pro
H-8 and 9. arately persouding internd shipment oregarding tra
-4. Br
e: Improvining Educatossessment RFP/ QCB
his form shaicing of add
ion3
filled in for s TECH- 8 anhall be indic, clerical stafofessional P
on-month ranational traof personal eavel-related
reakdown
g General Eors for Exce
Support BS / GEO-20
all only be usditional servi
Person-
Home Field Home Field Home Field Home Field Home Field Home Field
the same nd 9.
cated individff).
Personnel sh
ates for homavel, commeffects, direc
expenses.
of Remun
Education:ellence and Activity Pr
013-001
sed to establices under a
-Month Fully
US$
Key Profes
dually; suppo
hall coincide
me and field munication,
t and indirec
neration
Classroom,roject Design
lish price reaan Option Pe
y Loaded Ra
[
ssional Pers
ort staff shal
e with the o
d work. Provlocal transpct rates and p
, National n
asonableneseriod that ma
ate4
[Local Curre
sonnel and
ll be indicate
ones indicat
vide fully loportation, oprofit).
50
and
ss and ay be
ency]
other
ed by
ted in
oaded office
Section 5: Contract Forms
51
Section 5 Contract Forms
Contract No:
Contract for Consultant’s Services
Lump-Sum
For the provision of
Consultant Services for Training Educators for Excellence and Classroom, National and International Assessment Support Activity Project Design
between
MCA-Georgia
Georgia
and
[name of Consultant]
Dated:
Section 5: Contract Forms
52
TABLE OF CONTENTS
Section 5 Contract Forms ................................................................................................... 51
2. General Provisions .......................................................................................................... 55
3. Commencement, Completion, Modification and Termination of Contract .............. 61
4. Obligations of the Consultant ........................................................................................ 67
5. Defined Terms: ................................................................................................................ 73
6. Consultant’s Personnel and Sub-Consultants .............................................................. 74
7. Obligations of the MCA Entity ...................................................................................... 76
8. Payments to the Consultant ........................................................................................... 78
9. Fairness and Good Faith ................................................................................................ 79
10. Settlement of Disputes .................................................................................................... 79
11. Compact Conditionalities ............................................................................................... 79
Appendix A – Description of Services ....................................................................................... 87
Appendix B - Reporting Requirements ..................................................................................... 88
Appendix C - Key Professional Personnel and Sub-Consultants ........................................... 89
Appendix D - Breakdown of Contract Price in US Dollars .................................................... 90
Appendix E - Services and Facilities to be Provided by the MCA Entity ............................. 91
Appendix G – Additional Provisions ......................................................................................... 92
Section 5: Contract Forms
53
I. Agreement
This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year], betweenMCA-Georgia (the “MCA Entity”), on the one part, and [full legal name of Consultant] (the “Consultant”), on the other part.
[Note: If the Consultant consists of more than one entity, the following should be used]
This CONTRACT AGREEMENT (this “Contract”) made as of the [day] of [month], [year], between MCA-Georgia (the “MCA Entity”), on the one part, and [full legal name of lead Consultant] (the “Consultant”) in [joint venture / consortium / association] with [list names of each joint venture entity], on the other part, each of which will be jointly and severally liable to the MCA Entity for all of the Consultant’s obligations under this Contract and is deemed to be included in any reference to the term “Consultant.”
RECITALS
WHEREAS,
(d) The United States of America, acting through the Millennium Challenge Corporation (“MCC”), and the Government of Georgia (the “Government”) executed a Grant and Implementation Agreement on [_________] (the “609(g) Agreement”) that sets forth the general terms and conditions on which MCC will provide funding not to exceed two million seven hundred thousand U.S. Dollars (US$2,700,000) under the authority of Section 609(g) of the United States Millennium Challenge Act of 2003 (the “Act”), as amended, which activities will facilitate the development and implementation of the proposed Compact described below;
(a) It is proposed that MCC and the Government will negotiate and execute a certain Millennium Challenge Compact (the “Compact”) that will set forth the general terms and conditions on which MCC will provide funding (“MCC Funding”) to the Government for a Millennium Challenge Account program to advance economic growth and reduce poverty in Georgia;. The Government, acting through the MCA Entity, intends to apply a portion of the proceeds of MCC Funding to eligible payments under this Contract. Payments made under this Contract will be subject, in all respects, to the terms and conditions of the Compact and related documents, including restrictions on the use, and conditions to disbursement, of MCC Funding. No party other than the Government and the MCA Entity shall derive any rights from the Compact or have any claim to the proceeds of MCC Funding; and
(b) The MCA Entity has requested the Consultant to provide certain consulting services as described in Appendix A to this Contract; and
(c) The Consultant, having represented to the MCA Entity that it has the required professional skills, and personnel and technical resources, has agreed to provide such services on the terms and conditions set forth in this Contract.
NOW THEREFORE, the Parties to this Contract agree as follows:
Section 5:
In1.
foth
S2.Cdth
IN WITNwith the
For MCA
Signature
Name
Witnesse
[Note: signatori For and o[name of [Authori [name of [Authori
Contract Form
n consideratiorth in this Che Services iubject to th
Consultant, inefined belowhis Contract
NESS wherelaws of Geo
A-Georgia:
e
ed By:
If the Consuies, e.g., in t
on behalf of f member]
ized Repres
f member]
ized Repres
ms
ion of the paContract, thein conformithe terms of n consideratw) or such oat the times
eof the Partieorgia as of th
ultant consithe following
each of the
sentative]
sentative]
ayments to be Consultantty in all respe
this Contration of the pother sum asand in the m
es hereto havhe day, mont
ists of more g manner:]
Members of
be made by t hereby covects with theact, the MCperformances may becommanner presc
ve caused thth and year f
For [full
Signatur
Name
Witnesse
than one en
f the Consult
the MCA Evenants withe provisions
CA Entity he of the Servme payable pcribed by thi
his Contract first indicate
l legal name
re
ed By:
ntity, all thes
tant
Entity to the h the MCA E
of this Conthereby covenvices, the Cpursuant to is Contract.
to be executed above.
e of the Con
se entities sh
Consultant aEntity to pertract. nants to pay
Contract Pricthe provisio
ted in accord
nsultant]:
hould appea
54
as set rform
y the ce (as ons of
dance
r as
Section 5:
De1.1
Contract Form
efinitions
ms
II.
Capithave docuterms
General C
1. Gene
talized termthe meanin
ument. Unls whenever u
(a) “Applinstrumay b
(b) “coercthreatpersonin a pcontra
(c) “collubetweknowpricesdeprivcomp
(d) “Comclause
(e) “Consparag
(f) “Contthe MServicGCC,an intamendin acc
(g) “ContperforClaus
(h) “corrureceivof val(incluemplo
Conditions
eral Provi
ms used in thngs given sess the conused in this C
licable Law”uments havinbe issued and
cive practicetening to impns or their procurement act.
usive practiceen two or m
wledge of the s at artificialve the MCAetition.
mpact” has thes to this Co
sultant” has raph to this
tract” meansMCA Entity a
ces, and con, the SCC, antegral part ofded, modifiecordance wit
tract Price” mrmance of thse 6.
upt practice”ving, or soliclue to influenuding the MCoyees of othe
s of Contr
isions
his Contractsuch terms ntext otherwContract hav
” means the ng the force od in force fro
e” means impair or harmroperty, to inprocess, or a
ce” means a more parties,
MCA Entityl, non-compe
A Entity of th
he meaning gontract.
the meaningContract.
s this agreemand the Consnsists of the Cnd the Appef this agreemed, or suppleth the terms
means the prhe Services,
” ” means thciting, directnce the actioCA Entity aner organizati
ract
t and not otin the Com
wise requiresve the follow
laws and anof law in Geom time to t
mpairing or hm, directly or
nfluence theaffect the ex
scheme or arwith or withy, designed etitive levelshe benefits o
given the ter
g given the t
ment entered sultant, to prContract Ag
endices (eachment), as the emented fromof this agree
rice to be pain accordanc
he offering, gtly or indirecons of a publnd MCC stafions taking o
therwise defmpact or rels, the followwing meanin
ny other eorgia, as thtime.
harming or indirectly,
eir participatxecution of a
rrangement hout the to establish s or to otherwf free and op
rm in the rec
erm in the in
into betweerovide the
greement, theh of which fosame may b
m time to timement.
aid for the ce with GCC
giving, ctly, of anythlic official ff and or reviewing
55
fined lated wing
ngs:
hey
tion a
wise pen
cital
nitial
en
ese orms be me
C
hing
g
Section 5: Contract Forms
56
selection decisions) in the selection process or in contract execution or the making of any payment to any third party, in connection with or in furtherance of a contract, in violation of (A) the United States Foreign Corrupt Practices Act of 1977, as amended (15 USC 78a et seq.) (“FCPA”), or any other actions taken that otherwise would be in violation of the FCPA if the FCPA were applicable, or (B) any applicable law in Georgia.
(i) “Effective Date” has the meaning given the term in GCC Clause 2.2.
(j) "Force Majeure" has the meaning given the term in GCC Clause 2.5.
(k) ”fraudulent practice” means any act or omission, including any misrepresentation, in order to influence (or attempt to influence) a selection process or the execution of a contract to obtain a financial or other benefit, or to avoid (or attempt to avoid) an obligation.
(l) “GCC” means these General Conditions of Contract.
(m) “Government” has the meaning given the term in the recital clauses to this Contract.
(n) "Key Professional Personnel" means the Personnel listed in Appendix C to this Contract.
(o) “Local Currency” means [insert].
(p) “MCA Entity” has the meaning given the term in the initial paragraph to this Contract.
(q) “MCC” has the meaning given the term in the recital clauses to this Contract.
(r) “Member” means any of the entities that make up a joint venture or other association; and “Members” means all these entities.
(s) “obstructive practice” means
(i) destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to impede an investigation into allegations of a corrupt, fraudulent, coercive, collusive, or prohibited practice; and threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, and
(ii) acts intended to impede the exercise of the inspection
Section 5:
Re1.2BePa
La1.3Co
Contract Form
elationship etween the arties
aw Governinontract
ms
ng
anan
(t) “Partycase m
(u) “Persoany SServic
(v) “prohSectioAnti-Mand O
(w) “SCCwhich
(x) “ServConsuAppen
(y) “Sub-whomServic
(z) “Subs
(i) in (ii) chContr
(aa) “Tterms
(bb) “States
(cc) “6in the
Nothing coestablishingand agent The Consulof PersonnServices aperformed bContract.
This Contrabetween the
d audit rightd related agr
y” means themay be, and
onnel” meanub-Consultaces or any pa
hibited praction E (ComplMoney Laun
Other Restric
C” means theh the GCC m
vices” meansultant pursuandix A to th
-Consultant”m/which the ces.
stantial Mod
ncrease the v
hange the scoract by more
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“US Dollars”s of America
609(g) Agreee recital claus
ontained in g a relationshas between ltant, subjec
nel and Subnd shall bby them or
act, its meane Parties sha
ts of MCC preements.
e MCA Enti“Parties” m
ns persons hants and assiart thereof.
ice” means aliance with Andering and ctions) of Ap
e Special Conmay be amen
s the activitieant to this Co
his Contract.
” means any Consultant s
difications" m
value of the C
ope of Servie than ten pe
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” means the a.
ement” has tses to this C
this Contrhip of maste
the MCA ct to this Cob-Consultante fully reson their beh
ning and intall be govern
provided und
ity or the Comeans both of
ired by the Cigned to perf
any action thAnti-CorrupTerrorist Fin
ppendix G to
nditions of Cnded or supp
es to be perfontract, as d
person or ensubcontracts
means modif
Contract; or
ices or duratercent (10%)
the meaningted agreemen
currency of
the meaningContract
ract shall ber and servanEntity and
ontract, has cts, if any, sponsible fohalf in conn
terpretation, ned by the Ap
der the Comp
nsultant, as f them.
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hat violates ption, nancing Stato this Contra
Contract by lemented.
formed by thdescribed in
ntity to s any part of
fications whi
ion of the ).
s given the nt.
f the United
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be construednt or of princ
the Consulcomplete chperforming
or the Servnection with
and the relapplicable La
57
pact
the
or by
tutes act.
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the
ich:
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d as cipal ltant. harge g the vices
h this
ation aw.
Section 5:
La1.4
Int1.5
No1.6
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Contract Form
anguage
terpretation
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ocation
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ms
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1.6.1
1.6.2
1.7.1
harge 1.8.1
This ContraSCC. If theGeorgian lbinding andmeaning or
ss otherwise
(a) “conf
(b) “in wrby mareceip
(c) excepindicaindica
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he Consultanon of more th the entity spexercising ans to ward th
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its address fong the other ddress specif
e performed x A to this Car task is notGeorgia or
nt consists ofhan one entipecified in thall the Consuhe MCA Ent
mitation the r
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anguage verfor all matterontract.
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mation in wr
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e only and shf this Contrac
equired or peontract shallent shall be dred in personParty to whowhen sent to or sent by cent during nss the givingle Law.
for receivingParty notice
fied in the SC
at such locatContract andt so specifiedelsewhere, a
f a joint ventity, the Memhe SCC to aultant’s righttity under threceiving of
) specified ine English anrsion shall bers relating to
t:
riting;
tten form (e.with proof of
wise, words lural and wogular;
ce versa; and
hall not limitct.
ermitted to bl be in writindeemed to hn to an om the such Party a
confirmed normal busing of notice is
g notice undee in writing oCC.
tions as are , where the d, at such as the MCA
ture or othermbers hereby
ct on their ts and
his Contract, instructions
58
n the nd [] e the o the
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rds
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Section 5:
Au1.9Re
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Contract Form
uthorized epresentative
axes and Dut
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es 1.9.1
ties
payments
Any actiodocumentContract bor execut
(a) [Thismodifcountexistsconsuon thexemprelateweb lrespecamouin accin efferespecAppliresponTaxesConsuPersoaccou
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(c) If the respecwithdwhichexempPersodutiesLaw, TaxesTaxesin que
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on required ot required orby the MCAed by the of
GCC Sub-fied to addrtries. In sis, the relevaulted beforeis Standardpted pursuand to the Comink], the Conctive Person
unts payable cordance witfect). The Coctive Personicable Law. nsible for ths. In the evultant, any Snnel, the Co
unt for such T
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draw but disph customs dupted, the Connel, as the s and other or (ii) shall
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out prejudicelause, the Coctive Personsted by the M
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or permitted r permitted t
A Entity or thfficials speci
Clause 1.10ress unique ituations in
ant MCC OGe finalizing ad Bidding Dnt to the Commpact, availansultant, the
nnel may be by the MCAth Applicablonsultant, eacnnel shall pay
In no evenhe payment ovent that anySub-Consultaontract Price Taxes.
he Sub-Coneir eligible docedures of G
the Sub-Connel, or their pose of any puties or otheronsultant, thecase may beTaxes in co
reimburse suA Entity if suby the MCArought into G
e to the rightonsultant, th
nnel will takeMCA Entity
to be taken,to be executehe Consultanfied in the S
0(a) may neetax arrangewhich a po
GC attorneya form of coocument] Empact or anoable in Englie Sub-Consusubject to ce
A Entity undle Law (nowch Sub-Cony all Taxes lnt shall the Mor reimbursey Taxes are imant or their rshall not be
sultants and dependents, Georgia in i
onsultants or eligible dep
property in Gr Taxes havee Sub-Consue, (i) shall beonformity wuch customsuch customs
A Entity at thGeorgia.
ts of the Conhe Sub-Consue reasonable
y or the Gove
, and any ed under thisnt may be tak
SCC.
ed to be ements in sotential issuey is to be
ontract baseExcept as maother agreemish at [insert
ultants, and thertain Taxes
der this Contrw or hereinaft
sultant and tlevied under MCA Entity ment of anymposed on t
respective e adjusted to
their respecshall followimporting go
any of theirpendents, do Georgia upoe been ultants or sucear such cust
with Applicabs duties and s duties and he time the g
nsultant undeultants and t
e steps as ernment with
59
s ken
ome e
ed ay be ment t heir on
ract fter their
be y the
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oods
r not
on
ch toms ble
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er their
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Section 5:
Fr1.11CoRe
Measurebe Taken
Contract Form
raud and orruption equirements
es to n
ms
1.11.
1.11.
1.11.
respecin this
(e) If the undershall prepresTaxestake sEntityin seeTaxes
(f) The Mthat thSub-Cexempentitierelatewith ishall haccord
1 MCC reqbeneficiarsuppliers,any MCCethics durcontracts.
2 MCC maythis Controf the MCof the MCcollusive,the selectwithout thbeneficiarsatisfacto
3 MCC andConsultaneither indawarded adetermineagent, engprohibitedexecuting
ct to the detes GCC Claus
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quires that thries of MCC, consultants
C-funded conring the proc.
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d the MCA Ent, including
definitely or an MCC-funes that the Cgaged in cord or obstructg, this Contra
ermination ose 1.10.
is required tct or a relate
otify the MCsignated by the Consultanas may be re
either of theiompt and prolicable Law.
shall use reament provides
and their retaxation app
dance with thts. If the MCns under thisht to terminaGCC Clause
he MCA EntiC funding, ins, sub consulntracts, obsecurement and
portion of Mermines at anhe Consultanwere engag
prohibited or or the executity, the Con
aken timely ato remedy th
Entity may pg declaring thfor a stated p
nded contracConsultant harrupt, fraudutive practiceact or anothe
of the Tax st
to pay Taxesed agreemen
CA Entity (orthe MCA Ennt shall coopequested by ir agents or roper reimbur.
asonable effos the Consulspective Perplicable to suhe terms of tCA Entity fais paragraph, ate this Conte 2.7.2(d).
ity and any oncluding anyltants and co
erve the highd execution
MCC Fundinny time that nt or any othed in corrup
r obstructive ution of this nsultant or suand approprihe situation.
pursue sanctihe Consultanperiod of timct if it at anyas, directly oulent, collusives in competier MCC-fun
atus describe
s that are exent, the Consur such agent ntity) of any perate with, athe MCA
representativrsement of s
forts to ensurltant, the rsonnel the uch persons the Compactils to complythe Consult
tract in
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ng allocated representati
her beneficiapt, fraudulent
practices duContract, uch other iate action
ion of the nt ineligible
me, to be y time or through anve, coerciveing for, or in
nded contract
60
ed
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and
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Section 5:
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ommissions nd Fees
ntire Agreem
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This Contrprovisions representatiParties shalrepresentatiContract.
mpletion, M
This Conbinding oContract istated in th
The Consspecified “Effective
Unless terthis Contrthe Effecti
.1 Any moof this Cthe scopagreemeSub-Claconsidermade by
A Entity maytity to terminof GCC Cla
minesthattheCncoercive,coited practicence of, this C
ltant shall dbeen paid or sion agents wand performamust includeesentative, ond the purpo
act containsagreed to
ive of either ll not be boion, promis
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ntract shall on the Parts signed by he SCC.
sultant shallin the SC
e Date.”
rminated earract shall expive Date as s
odification orContract, incpe of the Servent between ause 7.2, howration to anyy the other P
y terminate (nate) this Coause 2.7.1(d)Consultanthaollusive, corre sin competContract or a
disclose anyare to be pawith respectance of this e at least thor commiss
ose of the co
s all of the o by the
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come into ties in all rthe Parties o
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r variation ocluding any mrvices, may othe Parties.
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(and MCC montract in acc) as,directlyorrupt, fraudulting for, or inanother MCC
y commissioaid to agents,t to the seleContract.
he name andsion agent, ommission or
covenants, Parties.
he authority be liable forment not s
ermination
full force, respects, onor such other
e the Servicshall be d
nt to GCC nd of such tthe SCC.
of the terms amodificationonly be made
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and be legn the date r date as ma
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and condition or variatione by written to GCC give due ation or varia
61
he ith
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ract
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ay be
date the
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Section 5:
Fo2.5
Definiti
No Brea
Measure
Contract Form
orce Majeure
on
ach of Contr
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2.4.
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2.5.
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.1 For the pan eventand is bthe resurelying operson oSub-Conrisks or agreed tbeen prereasonabperformimpossibunder th
.2 The failthis Condefault ufrom an affectedprecautiin orderContracpracticathe occurise to a
.3 Subject event ofobligatiopracticaminimizevent of
.4 A Party provide shall simnormal c
.5 Any perContraca period
s of Substantof MCC is r
purposes of t or conditioeyond the relt of any acton such evenover whom snsultant), (bconsequenc
to assume unevented, remble diligence
mance of its oble or so imp
he circumstan
ure of a Partntract shall nunder, this Cevent of Fo
d by such an ions, due carr to carry outt, and (b) ha
able (and in nurrence) aboua claim of Fo
to GCC Subf Force Majeons under th
al, and shall tze and otherwf Force Maje
affected by evidence of
milarly give conditions a
riod within wt, complete a
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this Contracon that (a) is easonable cots, omissionsnt of Force Msuch Party h) is not an ace of which s
nder this Conmedied or cure, and (d) maobligations upractical as
ances.
ty to fulfil annot be considContract insoorce Majeure
event (a) hare and reasont the terms anas informed tno event lateut the occurr
orce Majeure
b-Clause 2.5eure shall cohis Contract take all reasowise mitigateure.
an event of f the nature awritten notic
as soon as po
which a Partyany action oe time during
ations, the pr
ct, “Force Mnot reasonab
ontrol of a Pas or delays oMajeure, (or
has control, inct, event or csuch Party hantract, (c) cored by such akes such Pa
under this Coto be consid
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and conditionthe other Parer than five (rence of an ee.
5.6, a Party aontinue to peas far as is ronable measte the conseq
Force Majeuand cause ofce of the res
ossible.
y shall, pursor task, shall g which such
rior written
Majeure” meably foreseeaarty, and is nf the Party
r of any thirdncluding anycondition theas expresslyould not haveParty’s arty’s ontract dered imposs
igations unda breach of, oinability arishat the Partyeasonable ative measurns of this rty as soon a(5) days afteevent giving
affected by aerform its reasonably sures to quences of an
ure shall f such event,toration of
suant to this be extended
h Party was
62
ans able not
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as r
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and
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Section 5:
Su2.6
Te2.7
By the M
Contract Form
uspension
ermination
MCA Entity
ms
2.5.
2.5.
2.7.
unable t
.6 During ta result instructi
(a) demreimneceby thServthe anece
(b) contwhicundeaddi
.7 In the caexistencmatter s
The MCAnotice to Consultanperform athe carryinsuspensionshall requperiod noConsultan
.1 Withoutavailablmay, upContracspecifieSub-Claof the evClause 2
(a) If thMCCof futhis upon
to perform su
the period ofof an event oions by the M
mobilize, in wmbursed for aessarily incuhe MCA Entvices at the tiadditional coessarily incu
tinue with thch case the Cer the terms itional costs
ase of disagrce or extent oshall be settle
A Entity mathe Consu
nt under thiany of its obng out of then (a) shall sp
uest the Conot exceedingnt of such no
t prejudice tole to it for brpon written nt in case of td in sub-par
ause 2.7.1, anvents specifi2.7.1, the MC
he ConsultanC, fails to peunds set out provision shn delivery of
uch action a
f its inabilityof Force MaMCA Entity
which case thadditional co
urred and, if ttity to reactiime of restoosts the Con
urred as part
he Services toConsultant shof this Contreasonably a
reement betwof and evented in accord
ay, by givinultant, suspis Contract
bligations une Services, ppecify the nsultant to re
g thirty (30)otice of suspe
o any other rreach of this notice to the the occurrenragraphs (a) tnd in the casied in paragrCA Entity m
nt, in the judgerform its obin Appendix
hall (i) becomf the notice o
as a result of
y to performajeure, the C, shall either
he Consultanosts it reasonthe Consultaive its perforration of norsultant reasoof such reac
o the extent hall continutract and be rand necessar
ween the Part of Force Mdance with G
ng thirty (30pend all pa
if the Connder this Conprovided tha
nature of theemedy such ) days afterension.
remedies thaContract, thConsultant,
nce of any ofthrough (i) ose of the occraphs (h) or
may suspend
gment of thebligations rex G. Termime effectiveof terminatio
Force Majeu
m the ServiceConsultant, upr:
nt shall be nably and ant is requirermance of thrmal conditionably and ctivation; or
possible, in e to be paid reimbursed frily incurred
rties as to thMajeure, the GCC Clause 8
0) days’ wriayments to nsultant failntract, includat such notice failure, and
failure withr receipt by
at may be he MCA Ent
terminate thf the events of this GCC currence of a(i) of this GCthis Contrac
e MCA Entitlating to the ination unde immediatelon and (ii)
63
ure.
es as pon
ed he ons,
for d.
e
8.
itten the
s to ding ce of d (b) hin a y the
ity his
any CC ct.
ty or use
er y
Section 5: Contract Forms
64
require that the Consultant repay any and all funds so misused within a maximum of thirty (30) days after termination.
(b) If the Consultant does not remedy a failure in the performance of its obligations under this Contract (other than failure to perform obligations relating to use of funds as set forth in GCC Clause 2.7.1(a) of this Contract, which such failure shall not be entitled to a cure period) within thirty (30) days after delivery of the notice of termination or within any further period of time approved in writing by the MCA Entity. Termination under this provision shall become effective immediately upon the expiration of the thirty (30) days (or such further period as may have been approved by the MCA Entity) or on such later date as may be specified by the MCA Entity.
(c) If the Consultant (or any Member or Sub-Consultant) becomes insolvent or bankrupt, and/or fails to exist or is dissolved. Termination under this provision shall become effective immediately upon delivery of the notice of termination or on such other date as may be specified by the MCA Entity in such notice of termination.
(d) If the Consultant (or any Member or Sub-Consultant), in the judgment of the MCA Entity has engaged in coercive, collusive, corrupt, prohibited, obstructive or fraudulent practices in competing for or in the performance of this Contract or another MCC funded contract. Termination under this provision shall become effective immediately upon delivery of the notice of termination.
(e) If, as the result of an event of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination or on such later date as may be specified by the MCA Entity.
(f) If the MCA Entity, in its sole discretion and for any reason whatsoever, decides to terminate this Contract. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination or on such later date as may be specified by the MCA Entity.
Section 5: Contract Forms
65
(g) If the Consultant fails to comply with any final decision reached as a result of arbitration proceedings pursuant to GCC Clause 8. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination or on such later date as may be specified by the MCA Entity.
(h) If the Compact or the 609(g) Agreement expires, is suspended or terminates in whole or in part in accordance with the terms of the Compact or the 609(g) Agreement. Suspension or termination under this provision shall become effective immediately upon delivery of the notice of suspension or termination, as the case may be, in accordance with the terms of the notice. If this Contract is suspended pursuant to this GCC Clause 2.7.1(h), the Consultant has an obligation to mitigate all expenses, damages and losses to the MCA Entity during the period of the suspension.
(i) If suspension or termination is permitted under Applicable Law. Suspension or termination under this provision shall become effective immediately upon delivery of the notice of suspension or termination, as the case may be, in accordance with the terms of the notice. If this Contract is suspended pursuant to this GCC Clause 2.7.1(i), the Consultant has an obligation to mitigate all expenses, damages and losses to the MCA Entity during the period of the suspension.
By the Consultant 2.7.2 The Consultant may terminate this Contract, upon written notice to the MCA Entity in accordance with the time period specified below, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (e) of this GCC Clause 2.7.2.
(a) If the MCA Entity fails to pay any money due to the Consultant pursuant to this Contract that is not otherwise subject to dispute pursuant to GCC Clause 8 hereof within forty-five (45) days after receiving written notice from the Consultant that such payment is overdue. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination unless the payment that is the subject of such notice of termination is made by the MCA Entity to the Consultant within such thirty (30) days.
(b) If, as the result of an event of Force Majeure, the
Section 5: Contract Forms
66
Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination.
(c) If the MCA Entity fails to comply with any final decision reached as a result of arbitration pursuant to GCC Clause 8. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination.
(d) If the Consultant does not receive a reimbursement of any Taxes that are exempt under the Compact or the 609(g) Agreement the Consultant gives notice to the MCA Entity that such reimbursement is due and owing to the Consultant. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination unless the reimbursement that is the subject of such notice of termination is made to the Consultant within such thirty (30) days.
(e) If this Contract is suspended in accordance with GCC Clauses 2.7.1(h) or (i) for a period of time exceeding three (3) consecutive months; provided that the Consultant has complied with its obligation to mitigate in accordance with GCC Clauses 2.7.1(h) or (i) during the period of the suspension. Termination under this provision shall become effective upon the expiration of thirty (30) days after delivery of the notice of termination.
Payment upon Termination
2.7.3 Upon termination of this Contract pursuant to GCC Sub-Clauses 2.7.1 or 2.7.2, the MCA Entity shall make, or cause to be made, the following payments to the Consultant:
(a) payment pursuant to GCC Clause 6 for Services satisfactorily performed prior to the effective date of termination; and
(b) except in the case of termination pursuant to paragraphs (a) through (d) and (g) of GCC Sub-Clause 2.7.1, reimbursement of any reasonable cost (as determined by the MCA Entity or MCC) incidental to the prompt and orderly termination of this Contract; provided, that in the case of suspension of this Contract pursuant to GCC Sub-Clauses 2.7.1 (h) or (i), the
Section 5:
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C2.8an
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Upon terSub-Clausto GCC SParties unand obligterminatioset forth obligationaccounts a3.8 and AParty may
Upon termthe other Consultansuch noticclose in areasonableminimum.ConsultanMCA Enrespective
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The Consobligationefficiencyaccepted pobserve soappropriamachinery
nsultant has cccordance w
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nt shall, immce, take all na prompt ande effort to k. With re
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ultant shall pns under thisy and economprofessionalound managte technology, materials
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of this Copon expiratio
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and (d) any r the Applica
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necessary sted orderly makeep expendespect to dopment and
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perform the s Contract wmy, in accorl standards agement practgy and safe aand method
th its obligatuses.
an event speg) of GCC Suf GCC Sub-Cin forty-five from the othin accordanc
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ontract purson of this Coghts and oblcease, excep
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t by notice o-Clauses 2.7
upon dispatceps to bring tanner and sh
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her Party, refce with GCC
minated on with the term
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of either Part7.1 or 2.7.2,ch or receipthe Services hall make evhis purpose repared by urnished by ed as provi2.
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67
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onsultant, assing the MCs, works or s
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s that, durinon, the Consnsultant, as wted with suchviding goodces) resulting
ter relating toiser to the Mguard the M
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CA Entity’s iation for futuassignments
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s part of the CA Entity onservices, the Procuremented on the M
mes exercise of the MCA ed by the Coponsibility s
g the term osultant and awell as any h Sub-Consus, works or sg from or dir
o this ContraMCA Entity, MCA Entity’s
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accordance steps to ens
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onsultant in thall be for th
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68
act and s or
with sure
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with its use ll as l not
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shall s” e at
ny the he
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tants l be her d to
Section 5:
ProhibitiConflictiActivitie
Co3.3InfRi
ConfidenInformat
Rights o
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ion of ing es
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The ConsPersonnelnot to engprofessionassigned t
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ultant shall nl as well as igage, either dnal activitiesto them unde
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ultant and itConsultants awritten const or informatContract, ex
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far as may be
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shall not (anrsonnel not t
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ern, sample oMCA Entity ian a person ef this Contracbe made in ce necessary f
shall not (anrsonnel not t
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ered in connt itself, shall shall be returClause 3.4, af the Consul.
ns, designsby the Cons
ause its their Personany busines
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hall cause anat any time (afidential vices, or (b) d in the cour
nd shall causto), without disclose thisr any or informatioin connectioemployed byct. Disclosurconfidence anfor purposes
nd shall causto), without make use of
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nection with remain the
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69
nnel s or ies
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onsultant to be Property ofCA Entity
ability of theonsultant
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hall become the Consultan of this Coty, together
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ll take out ano take out ahe case mayed by the MC
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n the properot later than uver all such detailed invenClause 3.4 n a copy of re for its owy. If licensn the Consu
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in the SCC.
f any, set fos Contract s
nd maintainand maintai
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Entity’s requewing that sucd that the cu
and systeman of the Serrovisions of g principles aall relevant ti
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uch books aeports, documes B and Ge periods sell submit to nd informattime to timean electroni
rty of the Mupon termindocuments tontory thereoand Sub-Clsuch docum
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orth in the Sshall be prov
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atic accountsrvices underAppendix Gand in such ime changeses and the eof.
and records ments and o, in the formet forth in the MCA Etion as maye. Final Deic form spec
70
MCA ation o the of in lause
ments prior ts are third puter prior shall
enses rned. s and
SCC, vided
cause r the terms gainst nd in ovide e has
miums
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Ob3.10ReSu
Us3.11
Eq3.12VeMaFuMC
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onsultant’s ctions Requie MCA Entitior Approva
bligations wiespect to ubcontracts
se of Funds
quipment, ehicles and aterials
urnished by tCA Entity
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A Entity in s B and G. aring of th
by the Conshe Governm
to any modof this Contant shall obtore taking an
hange or addndix C;
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addition to The Consu
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dification ortract pursuatain the MCny of the foll
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hat may be s
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ensure that se of funds an Appendix G
and materiaA Entity, or punds providehe MCA Enrmination ormake availabpment, vehiuipment, vMCA Entityquipment, verwise instruhem in an fifteen perce
r materials bultants and P
the hard coultant consedocuments suant to thi
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Personnel li
ith a Sub-Coe Services; a
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als made apurchased bed by the Mntity and sr expiration ble to the cles and ma
vehicles any’s instructivehicles anducted by theamount equ
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brought into Personnel, o
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of the termsSub-Clause
prior approvons:
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onsultant for and
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or the ConsuClause 3.9
he Services.nd by the Mharging assionsultant pronce acceptabe of the Serv
s do not viC Environm
available toby the Consu
MCA Entity, shall be maof this ContMCA Entitaterials and d materialsions. Whild materials,e MCA Entiual to their
Georgia byor purchase
71
ed in MCA ation with
s and e 2.4, val in
the
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iolate mental
o the ultant shall
arked tract, y an shall s in le in , the ity in r full
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Section 5:
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3.14 CTrPe
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ovided by thonsultant
Combating rafficking in ersons
efined Terms
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ause 3.14.
ub-Consultanof any of th
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nsultants or
ment entitiesrafficking in
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72
used main r the
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emedies
abour and orking
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ments; and
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Clause 3.14 m
MCA Entity ved Personved personn
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MCA Entitultant, inclur indefinitelyded any MC
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ant shall comincluding IFCnditions, as wncluding thehall:
fair treatmen
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subcontract oas permittedthe provisio
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unremedied;
ty or MCCuding declariy or for a s
CC-funded co
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that may becable Law, an:
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consistent wif any, for
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he MCC Envnce Standard
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rmination o
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CC determine
sanction ofsultant ineligd of time, t
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vironmental d 2 on Labor
mployment ancifically, the
on of worker
such as ged by third
73
to by ludes lause
under f this
e the f its e;
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ch is and
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f the gible, to be
which shall
r and nd
rs;
Section 5:
Def
Ge4.1
De4.2ApPeAdApAd
Contract Form
fined terms
4.
eneral
escription anpproval of ersonnel; djustments; pproval of dditional Wo
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c) promote s
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The title, aestimated Services oPersonnelPersonnelname in AEntity.
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safe and heal
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ups,” “safe have the
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ltant shall ed Personnel e Services.
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Appendix C a
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nts with respent of Key Pr
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nsultants
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in respect ofonsultant pro
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; and
ees to raise w
on of this G-discriminatconditions,”
terms in incorporate
ch qualifieds are require
ualification ang out of thefessional Key Professias well as bythe MCA
f other Persooposes to us
sultant shall roval a copy
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74
work
GCC ion,” and IFC
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d and ed to
and
ional y
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ments he nt
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Section 5:
W4.3Ovetc
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Contract Form
Working Hourvertime, Leac.
emoval and/oeplacement oersonnel
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4.2.4
rs, ave,
4.3.1
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or of
4.4.1
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If additionServices sengagemeAppendixbetween thwhich sucthis Contrwork and agreementprovisions
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The Consureimbursevacation las specifieshall be deallowed toservice setPersonnelConsultanwill not deServices.
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If the MCcommittedhaving comcause to bPersonnel
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nal work is rspecified in Aent of Key Pr
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ch additionalract exceedinpayments wt and shall bs of GCC Cl
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ultant and Peement for oveeave except ed in Appendeemed to covo the Personnt forth in Ap shall be sub
nt who shall elay the prog
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ovide as a realifications.
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be dissatisfie, then the Co
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required beyAppendix Arofessional Pncreased by tity and the l work wouldng the Contr
will be explicbe subject in lauses 2.4 an
olidays for Kndix C. To rying out Semmenced, o
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ersonnel shaertime nor toas specifieddix C, the Cver these itenel is includ
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replace anyltant shall, sueplacement a
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nd 6.4.
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e Georgia shwork in resper arrival in, ofied in
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75
of
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hall ect of or
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Re4.5M
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esident Projeanager
ssistance andxemptions
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ect
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76
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III. Special Conditions of Contract
Amendments of, and Supplements to, Clauses in the General Conditions of Contract of this Contract
GCC 1.4 This Contract shall be executed in the English language Yes [x] No [ ] and in the [Local Language] Yes [ ] No [x].
GCC 1.6.1 The addresses for serving notices under this Contractare:
For the MCA Entity:
MCA-Georgia
Address :
Email :
For the Consultant:
GCC 1.8 The Member in charge is [insert name of member]
[Note: If the Consultant consists of a joint venture or another association of more than one entity, the name of the entity whose address is specified in SCC 1.9 should be inserted here. If the Consultant consists only of one entity, this SCC 1.8 should be deleted from the SCC.]
GCC 1.9 The Authorized Representatives are:
For the MCA Entity:
MCA-Georgia [Attention] [Name of the MCA Entity Representative] Address : Email :
For the Consultant:
GCC 2.1 This Contract shall enter into force on the date of signing of the Contract by both parties.
OR
This Contract shall enter into force on [insert date].
[Note: delete whichever is not appropriate].
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GCC 2.2 The Effective Date shall be [insert date].
GCC 2.3 The Contract shall expire on [insert date].
GCC 3.4 [the MCA Entity to state here any further restrictions on the use of documents]
[Note: If there are no additional restrictions on the use of documents, this SCC 3.4 should be deleted from the Contract]
GCC 3.5 [The MCA Entity to state here any additional provisions to the Consultant’s liability under this Contract.]
[Note: If there are no additional provisions to the Consultant’s liability under the Contract, this SCC 3.5 should be deleted from the Contract]
GCC 3.6 The risks and the minimum coverage shall be as follows:
(a) third party motor vehicle liability insurance in respect of motor vehicles operated in Georgia by the Consultant or its Personnel or any Sub-Consultants or their Personnel, with a minimum coverage of [insert amount and currency];
(b) third party liability insurance, with a minimum coverage of [insert amount and currency];
(c) professional liability insurance, with a minimum coverage of [insert amount and currency];
(d) employer’s liability and workers’ compensation insurance in respect of the Personnel of the Consultant and of any Sub-Consultants, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and
(e) insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultant’s property used in the performance of the Services, and (iii) any documents prepared by the Consultant in the performance of the Services.
[Note: Delete what is not applicable.]
GCC 3.9 [The MCA Entity to state here any additional actions by the Consultant that require the MCA Entity’s prior approval.]
[Note: If there are no additional actions on the part of the Consultant that require the MCA Entity’s prior approval, this SCC 3.9 should be deleted from the Contract]
GCC 4.2.3 Written notification to the MCA Entity of adjustments [is] [is not] required.
GCC 4.5 A resident project manager [shall] [shall not] be required for the duration of this Contract.
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GCC 5.1 [The MCA Entity to state here any assistance it will or will not provide the Consultant in addition to those points stated in GCC Sub-Clause 5.1.]
[Note: If there are no additions or changes to the assistance the MCA Entity will provide under GCC Sub-Clause 5.1, this SCC 5.1 should be deleted from the Contract]
GCC 6.1 The amount of the lump sum fixed price contract is XXXXX [US Dollars] OR XXXXX [Local Currency] OR XXXXX [US Dollars] and XXXXX [Local Currency] (the “Contract Price”).
The accounts are:
For US Dollars: [insert account number]
For Local Currency : [insert account number]
Payments for the deliverables shall be made according to the following schedule of percentages of the amounts included in the Contract:
XXXXX [insert payment schedule]
Payments for remuneration made in accordance with GCC Clause 6 in US Dollars and/or Local Currency/ies shall be adjusted as follows:
(a) Remuneration paid in US Dollars pursuant to the rates set forth in Appendix D shall be adjusted every [insert 12, 15 or 18]months by applying the following formula:
fo
ffof
I
IRR
where Rf is the adjusted remuneration, Rfo is the remuneration payable on the basis of the rates set forth in Appendix D for remuneration payable in US Dollars, If is the official index for salaries in the United States of America for the first month for which the adjustment is supposed to have effect, and Ifo is the official index for salaries in the United States of America for the month of the date of the Contract.
(b) Remuneration paid in Local Currency pursuant to the rates set forth in Appendix E shall be adjusted every [insert 12, 15, or 18] months by applying the following formula:
lo
llol
I
IRR
where Rl is the adjusted remuneration, Rlo is the remuneration payable on the basis of the rates set forth in Appendix E for remuneration payable in Local Currency, Il is the official index for salaries in Georgia for the first month for which the adjustment is to have effect and, Ilo is the official index for salaries in Georgia for the month of the date of the Contract.
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GCC 6.5 The interest rate to be applied in the case of late payments is the Federal Funds Rate as stated on the website www.federalreserve.gov/fomc/funds/rate.htm
GCC 8.2 All disputes shall be settled by arbitration in accordance with the following provisions:
[Note: The following provisions 1-6 are by way of an example of acceptable arbitration provisions. The MCA Entity may also propose an alternative arbitration/dispute resolution mechanism]
1. Selection of Arbitrators. Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or an arbitration panel composed of three arbitrators, in accordance with the following provisions:
(a) Where the Parties agree that the dispute concerns a technical matter, they may agree to appoint a sole arbitrator or, failing agreement on the identity of such sole arbitrator within thirty (30) days after receipt by the other Party of the proposal of a name for such an appointment by the Party who initiated the proceedings, either Party may apply to [name an appropriate international professional body, e.g., the International Chamber of Commerce] for a list of not fewer than five (5) nominees and, on receipt of such list, the Parties shall alternately strike names there from, and the last remaining nominee on the list shall be the sole arbitrator for the matter in dispute. If the last remaining nominee has not been determined in this manner within sixty (60) days of the date of the list, [insert the name of the same professional body as above] shall appoint, upon the request of either Party and from such list or otherwise, a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a technical matter, the MCA Entity and the Consultant shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the arbitrators named by the Parties do not succeed in appointing a third arbitrator within thirty (30) days after the latter of the two arbitrators named by the Parties has been appointed, the third arbitrator shall, at the request of either Party, be appointed by [name an appropriate international appointing authority, e.g., the Secretary General of the Permanent Court of Arbitration, The Hague; the Secretary General of the International Centre for Settlement of Investment Disputes, Washington, D.C.; the International Chamber of Commerce, Paris; etc.].
(c) If, in a dispute subject to SCC Sub-Clause 8.2 1.(b), one Party fails to appoint its arbitrator within thirty (30) days after the other Party has appointed its arbitrator, the Party which has named an arbitrator may apply to the [name the same appointing authority as in clause (b) above] to appoint a sole arbitrator for the matter in dispute, and the
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arbitrator appointed pursuant to such application shall be the sole arbitrator for that dispute.
2. Rules of Procedure. Except as stated herein, arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the United Nations Commission on International Trade Law (UNCITRAL) as in force on the date of this Contract.
3. Substitute Arbitrators. If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator.
4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a) through (c) of Clause SC 8.2 1 shall be an internationally recognized legal or technical expert with extensive experience in relation to the matter in dispute and shall not be a national of the Consultant’s home country [Note: If the Consultant consists of more than one entity, add: or of the home country of any of their Members or Parties] or of the Government’s country. For the purposes of this Clause, “home country” means any of:
(a) the country of incorporation of the Consultant [Note: If the Consultant consists of more than one entity, add: or of any of their Members or Parties]; or
(b) the country in which the Consultant’s [or any of their Members’ or Parties’] principal place of business is located; or
(c) the country of nationality of a majority of the Consultant’s [or of any Members’ or Parties’] shareholders; or
(d) The country of nationality of the Sub-Consultants concerned, where the dispute involves a subcontract.
5. Costs. Upon the occurrence of a dispute, the Parties shall agree on the allocation of the costs associated with any settlement efforts before arbitration or associated with arbitration. Where the Parties fail to agree on the allocation, the allocation shall be determined by the arbitrator.
6. Miscellaneous. In any arbitration proceeding under this Contract:
(a) proceedings shall, unless otherwise agreed by the Parties, be held in [select a country which is neither the MCA Entity’s country nor the Consultant’s country];
(b) the English language shall be the official language for all purposes; and
(c) The decision of the sole arbitrator or of a majority of the arbitrators shall be final and binding and shall be enforceable in any court of competent jurisdiction, and the Parties hereby waive any objections to or claims of immunity in respect of such enforcement.
[Note: The following provision concerning MCC’s right to be included as an
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observer in any arbitration proceeding is to be included in all contracts] 7. MCC Right to Observe. MCC has the right to be an observer to any
arbitration proceeding associated with this Contract, at its sole discretion, but does not have the obligation to participate in any arbitration proceeding. Whether or not MCC is an observer to any arbitration associated with this Contract, the Parties shall provide MCC with written English transcripts of any arbitration proceedings or hearings and a copy of the reasoned written award within ten (10) days after (a) each such proceeding or hearing or (b) the date on which any such award is issued. MCC may enforce its rights under this Contract in an arbitration conducted in accordance with this provision or by bringing an action in any court that has jurisdiction. The acceptance by MCC of the right to be an observer to the arbitration shall not constitute consent to the jurisdiction of the courts or any other body of any jurisdiction or to the jurisdiction of any arbitral panel.
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IV. Appendices
Appendix A – Description of Services
Note: Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by the MCA-Georgia, etc.
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Appendix B - Reporting Requirements
Note: List format, frequency, and contents of reports; persons to receive them; dates of submission; etc.
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Appendix C - Key Professional Personnel and Sub-Consultants
Note: List under:
C-1 Titles [and names, if already available], detailed job descriptions and minimum qualifications of foreign Key Professional Personnel to be assigned to work in Georgia, and estimated staff-months for each.
C-2 Same as C-1 for foreign Key Professional Personnel to be assigned to work outside Georgia.
C-3 List of approved Sub-Consultants (if already available) and same information with respect to their Personnel as in C-1 or C-2.
C-4 Same information as C-1 for local Key Professional Personnel.
C-5 Working hours, holidays, sick leave and vacations, as provided for in GCC Sub-Clause 4.3 (if applicable)
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Appendix D - Breakdown of Contract Price in US Dollars
Note: List here the monthly rates for Personnel (Key Professional Personnel and other Personnel) (fully loaded, including direct and indirect expenses and profit), used to arrive at the breakdown of the lump-sum price - US Dollars portion (from Form FIN-4).
This appendix will exclusively be used for determining remuneration for additional services.
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Appendix E - Services and Facilities to be Provided by the MCA Entity
Note: List here the services, facilities and counterpart personnel to be made available to the Consultant by the MCA Entity.
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Appendix G – Additional Provisions
Capitalized terms that are used but not defined in this Appendix shall have the meaning given to them in the GCC or in the Compact or related agreements.
The MCA Entity is responsible for the oversight and management of the implementation of the Compact on behalf of the Government, and intends to apply a portion of the proceeds of the Compact to eligible payments under this Contract, provided that (a) such payments will only be made at the request of and on behalf of the MCA Entity and as authorized by the Fiscal Agent, (b) MCC shall have no obligations to the Consultant under the Compact or this Contract, (c) such payments will be subject, in all respects, to the terms and conditions of the Compact, and (d) no party other than the Government and the MCA Entity shall derive any rights from the Compact or have any claim to MCC Funding.
A. MCC Status; Reserved Rights; Third-Party Beneficiary
1. MCC Status. MCC is a U.S. Government corporation acting on behalf of the U.S. Government in the implementation of the Compact. As such, MCC has no liability under this Agreement, and is immune from any action or proceeding arising under or relating to this Agreement. In matters arising under or relating to this Agreement, MCC is not subject to the jurisdiction of the courts or any other juridical or other body of any jurisdiction.
2. MCC Reserved Rights.
(a) Certain rights are expressly reserved to MCC under this Agreement, the Compact and other related Compact documents, including the right to approve the terms and conditions of this Agreement, as well as any amendments or modifications hereto, and the right to suspend or terminate this Agreement.
(b) MCC, in reserving such rights under this Agreement, the Compact or other related Compact documents, has acted solely as a funding entity to assure the proper use of U.S. Government funds, and any decision by MCC to exercise or refrain from exercising these rights shall be made as a funding entity in the course of funding the activity and shall not be construed as making MCC a party to this Agreement.
(c) MCC may, from time to time, exercise its rights, or discuss matters related to this Agreement with the parties to this Agreement, the Government or the MCA Entity, as appropriate, jointly or separately, without thereby incurring any responsibility or liability to any party.
(d) Any approval (or failure to approve) or exercise of (or failure to exercise) any rights by MCC shall not bar the Government, the MCA Entity, MCC or any other person or entity from asserting any right against the Contract Party, or relieve the Contract Party of any liability which the Contract Party might otherwise have to the Government, the MCA Entity, MCC, or any other person or entity. For the purposes of this clause (d), MCC shall be deemed to include any MCC officer, director, employee, affiliate, contractor, agent or representative.
3. Third-Party Beneficiary. MCC shall be deemed to be a third party beneficiary under
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this Agreement.
B. Limitations on the Use or Treatment of MCC Funding.
The use and treatment of MCC Funding in connection with this Agreement does not, and shall not, violate any limitations or requirements specified in the Compact or any other relevant agreement or Implementation Letter or applicable law or U.S. Government policy. No MCC Funding shall be used for military purposes, for any activity likely to cause a substantial loss of United States jobs or a substantial displacement of United States production, to support any activity likely to cause a significant environmental, health or safety hazard, or to fund abortions or involuntary sterilizations as a method of family planning. MCC Funding shall be free from the payment or imposition of all Taxes as set forth in the Compact.
C. Procurement.
The Contract Party shall ensure that all procurements of goods, services or works under, related to or in furtherance of this Agreement shall be consistent with the general principles set forth in the Compact and in the MCC Program Procurement Guidelines from time to time in effect as posted on the MCC website at www.mcc.gov. The Contract Party shall comply with the eligibility requirements related to prohibited source or restricted party provisions in accordance with U.S. law, regulations and policy, applicable World Bank policies or guidelines and in accordance with other eligibility requirements as may be specified by MCC or the MCA Entity.
D. Reports and Information; Access; Audits; Reviews.
1. Reports and Information. The Contract Party shall maintain such books and records and provide such reports, documents, data or other information to the MCA Entity in the manner and to the extent required by the Compact or related documents and as may be reasonably requested by the MCA Entity from time to time in order to comply with its reporting requirements arising under the Compact or related documents. MCC may freely use any information it receives in any report or document provided to it in any way that MCC sees fit. The provisions of the Compact and related documents that are applicable to the Government in this regard shall apply, mutatis mutandis, to the Contract Party as if the Contract Party were the Government under the Compact.
2. Access; Audits and Reviews. Upon MCC’s request, the Contract Party shall permit authorized representatives of MCC, an authorized Inspector General of MCC, the United States Government Accountability Office, any auditor responsible for an audit contemplated be the Compact or conducted in furtherance of the Compact, and any agents or representatives engaged by MCC or the Government to conduct any assessment, review or evaluation of the Program, the opportunity to audit, review, evaluate or inspect activities funded by MCC Funding. The provisions of the Compact or related documents that are applicable to the Government in this regard shall apply, mutatis mutandis, to the Contract Party as if the Contract Party were the Government under the Compact.
3. Application to Providers. The Contract Party shall ensure the inclusion of the applicable audit, access and reporting requirements from the Compact in its contracts or
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agreements with other providers in connection with this Agreement.
E. Compliance with Anti- Corruption, Anti-Money Laundering, Terrorist Financing, and Trafficking in Persons Statutes and Other Restrictions.
1. The Contract Party shall ensure that no payments have been or will be made by the Contract Party to any official of the Government, the MCA Entity, or any third party (including any other government official) in connection with this Agreement in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. §dd-1 et seq.) (the “FCPA”) or that would otherwise be in violation of the FCPA if the party making such payment were deemed to be a U.S. person or entity subject to the FCPA, or similar statute applicable to this Agreement, including any local laws. The Contract Party affirms that no payments have been or will be received by any official, employee, agent or representative of the Contract Party in connection with this Agreement in violation of the FCPA or that would otherwise be in violation of the FCPA if the party making such payment were deemed to be a U.S. person or entity subject to the FCPA, or similar statute applicable to this Agreement, including any local laws.
2. The Contract Party shall not provide material support or resources directly or indirectly to, or knowingly permit MCC Funding to be transferred to, any individual, corporation or other entity that the Contract Party knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (i) on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofac, (ii) on the consolidated list of individuals and entities maintained by the “1267 Committee” of the United Nations Security Council, (iii) on the list maintained on www.epls.gov, or (iv) on such other list as the MCA Entity may request from time to time. For purposes of this provision, “material support and resources” includes currency, monetary instruments or other financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.
3. The Contract Party shall ensure that its activities under this Agreement comply with all applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, trafficking in persons, U.S. sanctions laws, restrictive trade practices, boycotts, and all other economic sanctions promulgated from time to time by means of statute, executive order, regulation or as administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or any successor governmental authority, including, 18 U.S.C. §1956, 18 U.S.C. §1957, 18 U.S.C. §2339A, 18 U.S.C. §2339B, 18 U.S.C. §2339C, 18 U.S.C. §981, 18 U.S.C. §982, Executive Order 13224, 15 C.F.R. Part 760, and those economic sanctions programs enumerated at 31 C.F.R. Parts 500 through 598and shall ensure that its activities under this Agreement comply with any policies and procedures for monitoring operations to ensure compliance, as may be established from time to time by MCC, the MCA Entity, the Fiscal Agent, or the Bank, as may be applicable. The Contract Party shall verify, or cause to be verified, appropriately any individual, corporation or other entity with access to or recipient of funds, which verification shall be conducted in accordance with the procedures set out in Part 10 of the
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MCC Program Procurement Guidelines (Eligibility Verification Procedures) that can be found on MCC’s website at www.mcc.gov. The Contract Party shall (A) conduct the monitoring referred to in this paragraph on at least a quarterly basis, or such other reasonable period as the MCA Entity or MCC may request from time to time and (B) deliver a report of such periodic monitoring to the MCA Entity with a copy to MCC.
4. Other restrictions on the Contract Party shall apply as set forth in the Compact or related documents with respect to any activities in violation of other applicable U.S. laws, regulations, executive orders or policies, any misconduct injurious to MCC or the MCA Entity, any activity contrary to the national security interests of the United States or any other activity that materially and adversely affects the ability of the Government or any other party to effectively implement, or ensure the effective implementation of, the Program or any Project or to otherwise carry out its responsibilities or obligations under or in furtherance of the Compact or any related document or that materially and adversely affects the Program assets or any Permitted Account.
F. Publicity Information and Marking
1. The Contract Party shall cooperate with the MCA Entity and the Government to provide the appropriate publicity to the goods, works and services provided under this Agreement, including identifying Program activity sites and marking Program assets as goods, works and services funded by the U.S. Government, acting through MCC, all in accordance with the MCC Standards for Global Marking available on the MCC website at http://www.mcc.gov; provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC shall be subject to MCC’s prior written approval and must be consistent with any instructions provided by MCC from time to time in relevant Implementation Letters.
2. Upon the termination or expiration of the Compact, the Contract Party shall, upon MCC’s request, cause the removal of any such markings and any references to MCC in any publicity materials.
G. Insurance.
The Contract Party shall obtain insurance, performance bonds, guarantees or other protections appropriate to cover against risks or liabilities associated with performance of this Agreement. The Contract Party shall be named as payee on any such insurance and the beneficiary of any such guarantee, including performance bonds. The MCA Entity and, at MCC’s request, MCC shall be named as additional insureds on any such insurance or other guarantee, to the extent permissible under applicable laws. The Contract Party shall ensure that any proceeds from claims paid under such insurance or any other form of guarantee shall be used to replace or repair any loss or to pursue the procurement of the covered goods, works and services; provided, however, that at MCC’s election, such proceeds shall be deposited in an account as designated by the MCA Entity and acceptable to MCC or as otherwise directed by MCC.
H. Conflict of Interest.
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The Contract Party shall ensure that no officer, director, employee, affiliate, contractor, subcontractor, agent, advisor or representative of the Contract Party participates in the selection, award, administration or oversight of a contract, grant or other benefit or transaction funded in whole or in part (directly or indirectly) by MCC Funding in connection with this Agreement, in which (i) the entity, the person, members of the person’s immediate family or household or his or her business partners, or organizations controlled by or substantially involving such person or entity, has or have a financial or other interest or (ii) the person or entity is negotiating or has any arrangement concerning prospective employment, unless such person or entity has first disclosed in writing to the parties under this Agreement and MCC the conflict of interest and, following such disclosure, the parties to this Agreement agree in writing to proceed notwithstanding such conflict. The Contract Party shall ensure that none of its officers, directors, employees, affiliates, contractors, subcontractors, agents, advisors or representatives involved in the selection, award, administration, oversight or implementation of any contract, grant or other benefit or transaction funded in whole or in part (directly or indirectly) by MCC Funding in connection with this Agreement shall solicit or accept from or offer to a third party or seek or be promised (directly or indirectly) for itself or for another person or entity any gift, gratuity, favor or benefit, other than items of de minimis value and otherwise consistent with such guidance as MCC may provide from time to time. The Contract Party shall ensure that none of its officers, directors, employees, affiliates, contractors, subcontractors, agents, advisors or representatives engage in any activity which is, or gives the appearance of being, a conflict of interest in connection with this Agreement. Without limiting the foregoing, the Contract Party shall comply, and ensure compliance, with the applicable conflicts of interest and ethics policies of the MCA Entity as provided by the MCA Entity to the Contract Party.
I. Inconsistencies.
In the event of any conflict between this Agreement and the Compact and/or the Program Implementation Agreement, Procurement Agreement, or Disbursement Agreement, as applicable, the term(s) of the Compact and /or the Program Implementation Agreement, Procurement Agreement, or Disbursement Agreement, as applicable, shall prevail.
J. Other Provisions
The Contract Party shall abide by such other terms or conditions as may be specified by the MCA Entity or MCC in connection with this Agreement.
K. Flow-Through Provisions.
In any subcontract or sub-award entered into by the Contract Party, as permitted by this Agreement, the Contract Party shall ensure the inclusion of all the provisions contained in paragraphs (A) through (J) above.
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Section 6 Terms of Reference
Georgia II: Improving General Education Consultant Services for Education Project Design
1. INTRODUCTION The Government of Georgia (GoG), acting through MCA-Georgia requires professional services to assist it in designing proposed project components for the general education activity of a second Compact with the Millennium Challenge Corporation (MCC). These activities include: (i) training activities for teachers and school management, (ii) student assessment activities, and (iii) provision of science laboratory equipment to rehabilitated schools. Services are to include working closely with MCA-Georgia, MCC, and key GoG and other relevant Georgian counterparts in assessing and designing the training and student assessment activities, preparing program and project logic, and developing project analyses necessary for MCC review and assessment. Designs for the project components will include recommendations for activities, activity implementation plans, multi-year budgets by activity, and activity timelines. Analyses will include institutional analyses, financial assessments, and other analytical work as required.
2. BACKGROUND 2.1 The Proposed MCC Second Compact Georgia was initially selected as eligible to develop a second MCC Compact by MCC’s Board of Directors in January 2011 and then re-selected in December 2011 and December 2012. GoG completed a constraints analysis insummer2011 and submitted concept notes for possible second compact projects, including a proposal for tertiary education. The initial tertiary education proposal was refined to address broader deficiencies in the education system. Returning to the constraints analysis, which identified the low quality of human capital as a binding constraint to economic growth in Georgia, GoG and MCC agreed that human capital quality improvement should begin in the general education system. While enrollment rates at the primary and secondary levels are high, international assessments of student learning highlight low education quality outcomes. Education quality affects Georgia’s potential for economic growth. In particular, GoG identified the lack of Science, Technology, Engineering, and Math (STEM) technicians and professionals as a critical bottleneck to economic growth in Georgia. This is reflected in Georgia’s rank of 120 out of 142 countries on the availability of scientists and engineers in the 2011 Global Competitiveness Report. This was also apparent through both GoG and MCC consultations with the Georgian public and private sectors. GoG’s refined proposal, submitted to MCC in December 2011, outlines a more integrated, bottom-up approach to improving education quality through strategic investments that aim to
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better address equity, access and other issues raised by MCC with respect to the first proposal. Investments will be made at both the general education level and at the tertiary level (in both Technical Vocational Education and Training (TVET) and bachelor programs.) The scope of this Request for Proposals is focused on assessment and design of activities at the general education level. 2.1. Country and Sector Context Georgia graduated to lower middle income status in 2008, a result of sustained policy progress and economic growth achieved since the 2004 Rose Revolution. Over the past few years, Georgia has consistently ranked high in the World Bank’s indicators for “Doing Business” (moving from 112th place in 2005 to 15th place in 2008) and was recently the subject of a 2012 World Bank report, “Fighting Corruption in Public Services: Chronicling Georgia’s Reforms.” Georgia has implemented sweeping reforms that have: (i) strengthened public finances; (ii) improved the business environment; and (iii) enhanced social protection and social services. The results can be seen in appreciable improvements in economic and social institutions, which have produced a sound climate for foreign direct investments (FDI) and economic growth. As a result of these reforms, Georgia has enjoyed rapid economic growth, with an average annual GDP growth of 9% from 2004-2007. Georgia’s FDI-driven economy faltered with the double shock of the 2008 global economic downturn and the conflict with Russia that same year. However, the economy has somewhat recovered, with a real GDP growth rate of 6.5% in 2011. Despite rebounding in terms of GDP growth, poverty rates remain high, increasing from 22.7% to 24.7% after the conflict with Russia. The poverty gap between urban and rural areas in Georgia has widened, with rural poverty increasing 3% and urban poverty by 1% from 2007-2009. Approximately 64% of Georgia’s poor live in rural areas, although this accounts for slightly less than half of the total population. Poverty is closely linked to unemployment in Georgia; unemployment worsened in the 2000s, growing to 16.3%, although average monthly wages for those who were employed increased substantially. Georgia’s population is estimated at approximately 4.5 million inhabitants, and about 1.5 million live in the capital, Tbilisi. Minorities are Azeri (6.5%), Armenian (6%), Russian (1-1.5%), and others (2%). Georgian parliamentary elections of 2012 were held in October 2012. It was the 7th legislative election held since independence from the Soviet Union in 1991. A coalition of opposition groups Georgian Dream, led by Bidzina Ivanishvili, won a majority of seats. President Mikheil Saakashvili appointed a new government formed by the parliamentary majority. Presidential elections are scheduled for early 2013. After this, Georgia shifts from a presidential to a parliamentary system with an executive prime minister in charge. The upcoming elections mark an important step in Georgia’s transition process and will become the first elected transition of a president since Georgia’s independence. Recent educational policy and institutional reforms provide a supportive environment for MCC investments in general education. Since passing an educational reform law in 2005, the GoG has made substantial progress in reforming the education sector with such measures as (i) restructuring the governance and financing of general education institutions; (ii) developing and
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introducing new curricula; (iii) introduction of qualifications-based incentive salary payments; (iv) introducing a computerized, national 12th grade exit exam; (v) setting new teacher professional standards and initiating a teacher re-certification program; (vi) training programs to better prepare teachers for new challenges in the classroom; and (vii) recent investments in school infrastructure. Continued implementation of these ambitious reform measures is needed in order to secure the intended positive outcomes. 3. SCOPE The GoG and MCC have selected three areas for investment in quality enhancement in general education in Georgia to complement and support implementation of these reforms. The first area is to invest in improving learning environments through renovating and equipping a number of schools (exact number still to be determined.) The second area is training educators for excellence, which includes teacher professional development, school management improvements, and curriculum delivery support. The third area is improved structuring and implementation of education assessments. While some interventions will have impacts across the entire general education sector, MCC and the GoG are particularly interested in focusing investments in the areas of secondary school math and science education. The following project descriptions comprise the scope of this RfP: Improved Learning Environment Infrastructure. Modern science laboratory furniture/equipment is necessary for effective participatory learning. Schools rehabilitated under the Compact will also receive such equipment. Teachers will be trained in the effective use of this new equipment. Training Educators for Excellence. Currently the Teacher Professional Development Center (TPDC)5 has a Teacher Professional Development Scheme in place which operates as a framework for teacher continuing professional development. This scheme works on an eight- year cycle wherein teachers must complete a base number of professional development credit hours and pass a re-certification exam in order to maintain their certification. Teachers who complete more credit hours can obtain the higher qualifications of “first rank teacher” or “highest rank teacher.” MCC training support will fit within this existing scheme, and may support the development of similar schemes for other categories of educators such as principals and school-based professional development coordinators. Specific interventions will support:
Development of training modules and materials for certified secondary school math, science (physics, chemistry, biology, geography), ICT, and English teachers; school principals; and school-based professional development coordinators
Capacity-building for TPDC staff Training for teacher/principal trainers Training for all of Georgia’s certified secondary school (grades 7-12) math, science, ICT,
and English teachers (24,300 as of August 2012)
5The Ministry of Education and Science of Georgia has begun to open “Teacher Houses”, structures where training is conducted by TPDC, in 2011. Teacher Houses in Tbilisi and Kutaisi are already operational as of August 2012, and the MES intends to open several Teacher Houses throughout the regions.
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Training all of Georgia’s permanently contracted principals (2,100 as of August 2012) Training at least one new school-based professional development coordinators per school
(2,100as of August 2012) Specific support to continuing professional development will include strengthening the competencies of educators and TPDC-based trainers of educators, and may focus on the following areas: general educational/pedagogical competencies, subject-based or curriculum-oriented competencies, teacher-driven training needs, school-based professional development activities, and other trainings focused on classroom performance appraisal, career counseling for students, financial management (for school administrators), and other priorities as identified by the Consultant during training a training needs assessment. Training should promote equality in teacher and student achievement with respect to gender, language-minority and geographical location. This may include, e.g. training in career counseling focused on girls participation in STEM fields. Education Assessment Support. Investments in three types of education assessments are proposed. Classroom assessments support classroom-level teaching and learning, supporting implementation of national curricula at the class level. National assessments are system-level assessments, linked to the national curricula, which provide information on overall performance levels to education policy-makers and educators. International assessments allow countries to benchmark improvements in domestic systems as compared with peer countries. Specific areas of investment in education assessments may include support to: (i) the National Assessment and Examination Center (NAEC),to include assistance in the implementation of standardized national assessments in key grades and subjects;(ii) development and use of classroom-based assessments to improve teaching complementary to USAID activities in classroom assessments in primary education; (iii)continued participation in international assessments; and (iv) additional priorities as determined during the design phase. Classroom and national assessments should address gender balance and minority language issues. Below is a table that summarizes the proposed MCC investment:
Improving General Education Activity 1.1 Improved Learning Environment Infrastructure - Facilities rehabilitation (not part of this RfP) - Provision of laboratory furniture/equipment - Training in the use of equipment Activity 1.2 Training Educators for Excellence - Teacher training in pedagogy, curriculum delivery - School management strengthening - Targeted support for socially disadvantaged students
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Activity 1.3 Education Assessment Support - Strengthen quality and use of classroom, national, and international assessments
4. OBJECTIVE The objective of this Request for Proposals (RfP) is to select a Consultant to assist the GoG and MCC in designing 1) the laboratory furniture/equipment package and associated training for Activity 1.1; and 2) Activities 1.2 and 1.3 of the proposed Improving General Education Project, over a five-year implementation period. The consultant shall furnish all required personnel, services, materials, travel, and logistics necessary to provide the required project design support to GoG and MCC.
5. REQUIREMENTS/SERVICES The Consultant will support MCA-Georgia in preparing detailed project designs for lab furniture/equipment and associated training in Activity 1.1 and for Activities 1.2 and 1.3 of the Improving General Education Project. The first task will be submission of an Initial Work Plan to MCA-Georgia proposing the consultant’s approach and confirming the timeline and team for meeting the objectives of this RfP. The Initial Work Plan should be submitted within the 4 weeks of the notice to proceed. Once the Initial Work Plan is approved by MCA-Georgia, the Consultant will prepare a revised work plan within five business days. 5.1 Mobilization and Inception Report Within two weeks of the notice to proceed, Consultant will mobilize to Georgia. Within four weeks of the notice to proceed, the Consultant will prepare an initial work plan for MCA-Georgia approval. Upon receipt of comments, the Consultant will prepare a revised work plan within five business days. Within two weeks of MCA-Georgia approval, Consultant will, based on consultations MCA-Georgia and others, submit an Inception Report for MCA-Georgia approval. Upon receipt of comments, the Consultant will prepare a revised work plan within five business days. The Inception Report will include the following:
a) Confirmation of proposed work plan and timeline b) Confirmation of team members and time in field c) Review of project proposal and background documents d) Approach to the assignment.
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5.2 Initial Project Design Recommendations The Initial Project Design recommendations, that include project analysis findings, project design recommendations, and project implementation plan for Activities 1.2 and 1.3, should be submitted within six weeks of approval of the Inception Report. Design areas will include but may not be limited to the following proposed interventions: 5.3. Final Project Design Recommendations The Final Project Design Recommendations must be completed within four weeks of approval of Initial Project Design Recommendations. ToRs must be submitted within four weeks of approval of Final Design Specifications. This report should include a) Final recommendations for activities, activity implementation plans, multi-year
budgets by activity, and activity timelines. Analyses will include institutional analysis, financial assessment, and other analytical work as required. Relevant considerations include enabling conditions and policies, potential implementation risks and sustainability opportunities. Recommendations should include i)A revised teacher professional development scheme, ii) mechanisms for delivering training (including out-sourcing to private delivery vs. contracted staff/consultants), iii) a draft policy with respect to improving outcomes and supporting teachers of socially disadvantaged students and minorities, iv) strengthening the system of monitoring and evaluation of the effectiveness of professional development, and v) improved continuing professional development for university-based pre-service training
b) Proposed training schedule plan for teachers, principals, and school based
professional development coordinators with indication of subject areas for training and hours needed, terms of reference (ToRs) for proposed future procurements to implement activities designed by the Consultant under Activities 1.1, 1.2, and 1.3 of the Improving General Education Project, to be funded out of a potential Compact. This plan should account for gender equity in training.
c) Based on final design specifications, the Consultant should identify goods or services in Activities 1.1, 1.2, and 1.3 that will need to be procured and develop ToRs for those procurements.
Activity 1.1: Improved Learning Environment Infrastructure Target groups: Grades 7-12 science teachers/students Counterparts: Ministry of Education and Science (MES) Department of National Curriculum and General Education Development MES infrastructure unit (ESIDA); and others as appropriate Coordinate with MCA-Georgia/Infrastructure; MCC/Infrastructure; School rehabilitation design consultants; and others as appropriate
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Tasks:
1. Support counterparts in designing a package of science laboratory furniture/equipment to be delivered in Compact rehabilitated schools. The package should meet the needs of the MES established curriculum as well as conform to international best practice in the delivery of secondary education science curriculum. At least three furniture/equipment package options should be proposed for MCA-Georgia and other’s consideration.
2. Design sub-activity6 to train teachers in the effective classroom use of new laboratory equipment.
3. A consultant will be contracted by MCA-Georgia to design school facilities rehabilitation works in early 2013. All laboratory furniture/equipment proposals must be reviewed with this consultant, and proposed laboratory equipment must reflect and inform consideration of initial school facilities designs.
Activity 1.2: Training Educators for Excellence Target groups: Science, math, English and ICT teachers (for grades 7-12), public school
principals, principals’ coordinators, TPDC staff and trainers Counterparts: National Center for Teacher Professional Development (TPDC)
Department of National Curriculum and General Education Development, and others as appropriate
Tasks:
1. Review i) teacher professional development scheme, ii) mechanisms for delivering training (including out-sourcing to private delivery vs. contracted staff/consultants), iii) policy with respect to improving outcomes and supporting teachers of socially disadvantaged/vulnerable7 students and minorities, iv) strengthening the system of monitoring and evaluation of the effectiveness of professional development, and v) consider implications of improved continuing professional development for university-based pre-service training, and v) other relevant teacher training policy as required.
2. With respect to teachers: a) Perform a training needs analysis of upper secondary (grade 7-12) science,
math, English, and ICT teachers and prioritize the level of need between subjects. Identify priority areas for strengthening subject matter knowledge, pedagogy, and other relevant skills. This needs analysis should be informed
6“ “Sub-activity” as referenced here and throughout this document pertains to a set of programs that support each of the Activities 1.1, 1.2 and 1.3, defined above. 7Socially disadvantaged: As defined by the GoG Decree N 300, dated July 26, 2012 the key categories of social disadvantage are: poverty quintiles; urban/ rural; home language; internally displaced, socially disadvantaged.
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by the results of the “Barriers to Participation in secondary STEM activities” for girls and socially disadvantaged students studies being commissioned by MCA-Georgia.
b) Design sub-activity to assist TPDC with enhancing delivery of continuing teachers’ professional development, including in-service trainings, school-based professional development activities and teachers’ concrete classroom performance in targeted subjects/grades. Specific interventions to be included in design:
i. Assist TPDC in reviewing the current Teacher Professional Development Scheme and preparing an updated Scheme.
ii. Explore the possibility of contracting out part of the trainings to private providers, define the roles, rights and responsibilities of TPDC and private providers;
iii. Develop and provide training modules and materials, professional literature, handbooks, curriculum and specialized pedagogy8guides, and necessary teaching equipment, considering delivery methods including (but not limited to): traditional classroom trainings, self-paced on-line learning, and distance education, for delivery of identified priority training needs. Or alternatively, assist TPDC in designing a framework, standards, and quality assurance mechanisms to manage contracted-out training providers.
iv. Develop context-appropriate tools to sensitize and train school principals, teachers, teacher professional development coordinators and teacher trainers with respect to study and career options in STEM, with an emphasis on tools to improve girls’ and socially disadvantaged students’ participation in post-secondary STEM.
v. Implement use of modern ICT for teacher’s professional development through e-learning:
1. Perform an analysis of the hardware, software, and connectivity capacity in Georgian schools. Provide hardware, software, and connectivity recommendations necessary for school-based e-learning. (This hardware should also be used for classroom based assessments – see below.)
2. Coordinate with relevant ICT partners in Georgia (e.g. Microsoft.)
3. Develop a virtual information resource center for Georgian teachers of science, math, English and ICT (web portal), in collaboration with TPDC and Georgian private sector partners. This web-based application should create a network for a community of teachers (on-line professional community),
8Preliminary analysis suggests that effectively managing multi-grade classrooms, adapting to special needs students, diagnostic learning/teaching, motivating students, and fostering creative/critical thinking may be priority areas for pedagogy training.
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allowing them to access subject-matter content and communicate on different professional topics.
vi. Organize a series of continuing professional development events (e.g., on-line conferences, workshops) for targeted teachers.
3. With respect to principals: a) Perform a training needs analysis of permanently contracted public school
principals. Identify priority areas for strengthening management, supportive supervision, and other relevant skills9.
b) Design a sub-activity to assist MES and TPDC in implementing school principal performance evaluation, developing a professional development system/scheme, and developing a continuing professional development program for contracted public school principals. Specific interventions to be included in design:
i. Review the MoES policy on school principal performance evaluation and professional development system/scheme.
ii. Explore the possibility of contracting out part of the trainings to private providers, define the roles, rights and responsibilities of TPDC and private providers;
iii. Develop and provide of training modules and materials, professional literature, handbooks, and necessary equipment. Or, alternatively, assist TPDC in designing a framework, standards, and quality assurance mechanisms to manage contracted-out training providers.
iv. Develop a virtual information resource center for targeted principals (web portal)in collaboration with TPDC and Georgian private sector partners. This web-based application would create network and community of principals (on-line professional community) allowing them to access professional information and tools, and to communicate on different professional topics.
v. Organize a series of continuing professional development events (e.g., on-line conferences, workshops) for targeted principals.
4. With respect to school-based professional development coordinators: a) Perform a training needs analysis of school-based professional development
coordinators. Identify priority areas for strengthening skills. b) Design a sub-activity to assist TPDC develop and implement a continuing
professional development system/scheme for school-based professional development coordinators including:
i. Develop and provide training modules and materials, professional literature, handbooks, and necessary equipment or alternatively, assist TPDC in designing a framework, standards, and quality assurance mechanisms to manage contracted-out training providers.
9Preliminary analysis suggest that priority areas may include: leadership and managerial skills, mentoring, planning, school administration, financial management, career counseling, staff development, and performance monitoring.
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ii. Develop a virtual information resource center for school-based professional development coordinators (web portal) in collaboration with TPDC and Georgian private sector partners. This web-based application would create network for and community of mentors(on-line professional community) allowing them to access professional information and tools, and to communicate on different professional topics.
iii. Organize a series of continuing professional development events (e.g., on-line conferences, workshops for targeted school-based professional development coordinators.
5. Design a sub-activity to provide targeted support to girls, minorities, and/or socially
disadvantaged students. Examples of possible interventions include outreach to increase community involvement in areas with large numbers of socially disadvantaged students or specialized training or support to teachers serving large populations of vulnerable students. The design of this sub-activity should be informed by the results of the “Barriers to Participation in secondary STEM activities” for girls and socially disadvantaged students studies being commissioned by MCA-Georgia.
6. Collaborate with MCC-contracted independent evaluation firm and cooperate with this firm in their development of impact evaluation plans, as well as performance targets and evaluation criteria.
7. Other activities that the Consultant, MCA, or MCC may deem relevant to achieving the Activity objectives.
Activity 1.3: National and Classroom Assessment Target groups: Teachers of science, math, ICT, and English (Grades 7-12), school managers, NAEC specialists, relevant policymakers within the Ministry of Education and Science Counterparts: National Assessment and Examination Center (NAEC)
Department of National Curriculum and General Education Development (within the Ministry of Education and Science)
Tasks: 1. With respect to classroom assessments (complementary to and building on
USAID efforts): The National Assessment and Examination Centre will develop and implement an assessment system that enables teachers of Grades 7-12 to compare the performance of their students vis-à-vis the national curriculum and as measured by national assessments of English language, science, math, and ICTs. This system should include feedback mechanisms to teacher professional development plans. The Initial Project Design recommendations should address support to NAEC in delivering the following tasks: a. Establish and maintain a class/school self-assessment system linked with
national curricula Develop materials to support classroom self-assessment;
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Create a web-portal for a class/school self-assessment system linked with national curricula and norms.
b. Train current and future users of the system Train science, math, English and ICT teachers, and school
administrators to use the class/school self-assessment system;
i. Design syllabi b. Design and train professors for courses in classroom assessment for
use in universities during teacher pre-service training .Design a training plan for professors to teach these courses.
c. Monitor and evaluate the effectiveness of training delivered. E.g. Report to MCA/M&E on the number of classrooms which will
benefit from classroom assessment system, and ensure that the number of trained users of the system is at least 90% of the identified classrooms projects to benefit from the system
2. With respect to national assessments: a. Assist NAEC in identifying a set of national assessments to be supported,
building on World Bank support. b. Design a sub-activity to provide ongoing professional development for
NAEC staff related to conducting the national assessments of students’ achievement.
c. Design a sub-activity to implement a series of national assessments. 3. With respect to international assessments:
a. Define funding requirements for Georgian participation in TIMSS, PISA, and other international assessments including assessments Georgia-based costs of instrument pretests, administration and data preparation over the next five years.
b. Prioritize among possible international assessment participation, outlining the pros and cons of participating in each major international assessment.
c. Design a sub-activity to support NAEC’s participation in international assessments, including support to NAEC to prepare for and participate in prioritized international assessments.
4. Design a sub-activity to organize periodic conferences to discuss progress, challenges, and success in each of the above three assessment areas.
5. Collaborate with MCC-contracted independent evaluation firm in identifying areas in which this activity may complement the evaluation of the other components of the “Improving General Education” Project.
a. Identify areas in which the data produced from classroom/national/international assessments may be both useful and available to an MCC-contracted independent evaluator
Coordination: The Consultant will be required to coordinate with MCC/MCA-Georgia staff and consultants working on monitoring and evaluation, social and gender assessment, infrastructure, and other areas in undertaking the above-outlined tasks related to Activities 1.1, 1.2, and 1.3. Also, close coordination is required with the Ministry of Education and Science of Georgia since
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the Ministry serves as a liaison body between NAEC and TPDC. 5.3 Complete Analyses and Prepare Project Design The Consultant will work with MCC and GoG to incorporate recommended changes into Final Project Design Specifications. The Consultant will undertake any additional action needed to ensure appropriate project design for Activities 1.2 and 1.3 of the Improving General Education Project, ensuring attention to gender, language-minority and geographical location. This will include identifying activities which will need to take place during the period between Compact signing and commencement of Compact activities. The Consultant will be expected to define implementation structures and processes for executing project activities taking into account existing institutional capacities and structures to implement the project. Final Project Design Specifications must also include final recommendations for activities, activity implementation plans, multi-year budgets by activity, and activity timelines. Analyses will include institutional analysis, financial assessment, and other analytical work as required. Relevant considerations include enabling conditions and policies, potential implementation risks and sustainability opportunities. This work must be completed within four weeks of approval of Initial Project Design recommendations. 5.4 Develop ToRs for Compact procurements Based on final project specification, the Consultant should identify goods or services in Activities 1.1, 1.2, and 1.3 that will need to be procured and develop ToRs for those procurements. ToRs must be submitted within four weeks of approval of Final Project Design Specifications. 5.5 (Option Period) Technical Support During Implementation The RFP also contemplates an Option Period that could extend to cover the period of implementation of the project. This option period may be exercised at the discretion of the MCA Entity and will require the following tasks: - Provide technical support to the TPDC for: i) capacity building for staff; ii) delivery of teacher and principal trainings; iii) further analyses and studies as needed. - Provide technical support to NAEC for: i) capacity building for staff for classroom assessments; ii) delivery of classroom assessments; iii) further analyses and studies as needed. - Provide technical support to MoES, TPDC, NAEC, or other agencies as necessary. - Other tasks as agreed to with MCA-Georgia and MCC. As described in form FIN-4, a detailed scope for this Option Period will rely on the deliverables under the initial period of performance, as well as an additional proposal to be submitted by the Consultant at the completion of this assignment. Pricing for the Option Period will be established using staff rates provided in form FIN-4.
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6. DELIVERABLES AND SCHEDULE
Deliverable Due Date
Initial Work Plan
The Initial Work Plan should be submitted within the 4 weeks of the notice to proceed. Upon receipt of comments, the Consultant will prepare a revised work plan within five business days.
Inception Report that includes a : a) Confirmation of proposed work plan and timeline b) Confirmation of team members and time in field c) Review of project proposal and background documents d) Approach to the assignment
Within four weeks of the revised work plan approval, Consultant will submit an Inception Report.
Initial Project Design recommendations that includes project analysis findings, project design recommendations, and project implementation plan for Activities 1.2 and 1.3
The Initial Project Design Recommendations should be submitted within six weeks of approval of the Inception Report.
Final Design Specifications that includes: a) Final recommendations for activities, activity implementation plans, multi-year budgets by activity, and activity timelines. Analyses will include institutional analysis, financial assessment, and other analytical work as required. Relevant considerations include enabling conditions and policies, potential implementation risks and sustainability opportunities. Recommendations should include i)A revised teacher professional development scheme, ii) mechanisms for delivering training (including out-sourcing to private delivery vs. contracted staff/consultants), iii) a draft policy with respect to improving outcomes and supporting teachers of socially disadvantaged students and minorities, iv) strengthening the system of monitoring and evaluation of the effectiveness of professional development, and v) improved continuing professional development for university-based pre-service training b) Proposed training schedule plan for teachers, principals, and school based professional development coordinators with indication of subject areas for training and hours needed, terms of reference (ToRs) for proposed future procurements to implement activities designed by the Consultant under Activities 1.1, 1.2, and 1.3 of the Improving General Education Project, to be funded out of a potential Compact. c) Based on final design specifications, the Consultant should identify goods or services in Activities 1.1, 1.2, and 1.3 that will need to be procured and develop ToRs for those procurements.
This work must be completed within four weeks of approval of Initial Project Design Recommendations. ToRs must be submitted within four weeks of approval of Final Design Specifications.
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All reports are to be submitted in English in electronic copy using WINDOWS based MS-Office 2010 products including WORD for text, data tables in EXCEL, appropriate MS-Office 2010 programs for exhibits, and schedules using MS-Project. Files containing graphs, flowcharts or diagrams should be submitted in PDF printable version. Digital photo files should be submitted in JPG format. GIS data should be submitted in PDF printable files. Presentations should be prepared with PowerPoint. All work files shall be submitted to GoG and MCC along with PDF files. 7. REQUIRED EXPERTISE AND STAFFING 7.1 Key Staff Subject to GoG and MCC approval, key positions may be filled by the same Consultant staff member of the Consultant if that consultant possesses the necessary skills to perform both functions. For example, the Team Leader may also perform a technical role as well. One of the team members should have, in additional to the requested qualifications, at least 5 years of demonstrated experience in the social and gender aspects of education programs, including ethnic minorities, in developing country settings. At least one team member should have, in addition to the requested qualifications, at least 5 years of demonstrated experience in rigorous monitoring and evaluation of education projects. A) Team Leader Qualifications: The Team Leader should have at least 7 years of experience designing and managing education programs with a focus on general/secondary education. The Team Leader should hold an advanced degree in one or more of the relevant areas. The position requires expertise in policy formulation, planning and delivery of general education, including secondary education in developing countries. The Team Leader must have demonstrated experience working in and leading education teams in an international context as well as experience providing support and assistance to Ministry-level staff and officials. Ability to facilitate timely and effective coordination among multiple agencies/stakeholders at the local and national levels will be imperative. Experience should include policy and institutional analyses, program design, implementation, management, and evaluation in the context of general/secondary education. Experience in Georgia and/or the neighboring region would be desirable. B) Teacher/School Management Training Specialist Qualifications: The Teacher/School Management Training Specialist should have at least 5 years of experience in designing programs for teacher and school manager trainings. The Specialist should hold an advanced degree in a relevant area. The Specialist must have demonstrated experience in identifying critical needs for training across an education system as well as designing and writing training modules to address those needs in developing or transition country contexts. Additionally, the Specialist should have experience in improving school management which could include experience in such areas as leadership and developing tools for managers. Experience providing support and assistance to Ministry-level staff and officials and the ability to facilitate timely and effective coordination among multiple agencies/stakeholders at the local and national levels is preferred. Experience in Georgia and/or the neighboring region
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are desirable. C) Education Materials/IT Specialist Qualifications: The Education Specialist (Materials/IT) should have a degree in the area of information systems and technology and/or in curriculum materials delivery. The Specialist should have at least 5 years of experience in designing and implementing curriculum delivery projects, in assessing the needs for and designing/selecting appropriate curriculum materials (including laboratory furniture and equipment), and in designing IT systems and identifying equipment requirements in developing or transition country educational systems. Experience in designing and executing IT training programs is required. Experience providing support and assistance to Ministry-level staff and officials and the ability to facilitate timely and effective coordination among multiple agencies/stakeholders at the local and national levels is preferred. Experience in Georgia and/or the neighboring region are desirable. D) Classroom/National Assessment Specialist Qualifications: The Assessment Specialist should have at least 5 years of experience in evaluating and designing assessment programs. The Specialist should hold an advanced degree in a relevant area. The Specialist should have demonstrated experience in identifying critical needs in both classroom assessments and national assessments across an education system, including designing programs to address those areas in developing or transition country contexts. Experience providing support and assistance to Ministry-level staff and officials and the ability to facilitate timely and effective coordination among multiple agencies/stakeholders at the local and national levels is preferred. Experience in Georgia and/or the neighboring region are desirable. 7.2 Non-Key Staff Bidders should identify other important staff that will support the key personnel. These may include, among others:
Program Manager Project Design Workshop Facilitator Costing Specialist Translator
8. PERIOD OF PERFORMANCE The performance period will begin in April 2012, with a maximum duration of seven months. The RFP also contemplates an Option Period that could extend the length of the assignment, as determined upon exercise of the Option. 9. PLACE OF PERFORMANCE Work will be performed in Georgia and at the home offices of the Consultant.
10. EVALUATION CRITERIA
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A contract will be awarded to the Consultant whose combined technical and financial score is the highest, as defined in the evaluation criteria table in Section 3. Consultants may be invited to make oral presentations in support of their proposals and GoG/MCC may request to interview the Consultant’s proposed team members.
10. PROPOSED PAYMENT SCHEDULE
Payment will be made upon acceptance of each deliverable.
Deliverable Payment (Percentage of Total Contract Price)
Initial Work Plan 15%
Inception Report 20%
Initial Project Design recommendations
30%
Final Design Specifications 35%