TORs - ACP Business Climate

TERMS OF REFERENCEGeneral Legal and Quasi-Legal Training to Facilitate LegislativeProcesses prior to Legal DraftingWP2.28.1-1.0511. BACKGROUND1.1 THE ACP BUSINESS CLIMATE FACILITYThe ACP Business Climate Facility (BizClim) is an ACP-EU joint initiative financedunder the 9 th European Development Fund (EDF). BizClim aims at fostering abusiness enabling environment in ACP countries or regions by improvinglegislation, institutional frameworks and financial measures relating to theenabling environment of the private sector and by the reform of state ownedenterprises.The Cotonou Agreement gives an important role to non-state actors, includingthe private sector. The Cotonou Agreement was signed on 23 rd of June 2000 inCotonou, Benin, and involves 77 countries in the three ACP zones for a twentyyearperiod.The Agreement complements the integrated EC strategy for private sectordevelopment and offers an integrated approach to private sector development(PSD). Policies and programmes to support the private sector were contained inthe Agreement which viewed the private sector as a partner in development,economic and trade partnerships forming one of its pillars.The current Facility ACP Business Climate is a further step in PSD strategy andpolicy development in the ACP countries: the emphasis is placed on promotingenvironments within which the private sector can grow. In this context, theFacility focuses on encouraging an enabling environment. It can play a majorcatalytic role.BizClim was launched in April 2006 for a period of 3 ½ years with a total budgetof 20 millions Euros and provides technical assistance. The Facility is demanddrivenand the requests for assistance introduced are implemented throughcontracts using the framework-contracts of the Commission or through tenders(service contracts).It is important to highlight that the beneficiaries of the projectsimplemented through BizClim are not entitled to receive any funds withview to compensate the practical costs of their involvement. Hence, thebeneficiaries should be consulted but in no case requested to take anyconcrete action unless specifically authorized and agreed. The companyshould consider recruiting any necessary personnel in the country(ies)concerned by the project.1

3.1.2 Requested services, including suggested methodologyThe contractor will be required to suggest a methodology for the implementationof the services listed below. The methodology will notably indicate the missionsforeseen as well as the main organizations to be visited.3.1.3 Required outputsThe following results are expected: Define approach, setup and material Improved capacity building from training workshop/seminar for civilservants and representatives of NGOs/NSAs.3.1.4 ActivitiesThe following activities will be undertaken: Development of training material and organisation of a workshop.Identification & selection of resource persons Logistics & organisation of workshop. The workshop is expected to bringtogether 50 professionals from Fiji, 40 pertaining to the line ministries, 10from private sector representatives and NGOs. Convening workshop. The workshop will be designed with a participatorymethodology that will facilitate discussions. Communication & information (prepare workshop outcome documents,proceeding, etc) Report. Taking the opportunity of the training sessions and subsequentdiscussions, the consultant will draft a report that will highlight the priorityareas for business environment reforms and formulate recommendations.3.2 EXPERTS PROFILEThe Contractor is expected to provide a team of 2 experts in charge of theassignment. This section details the specifications for the staff required fromthe Contractor.3.2.1. Number of requested experts per category and number ofman-days per expertThe contractor shall mobilise one Legal Expert (Category I) and one Privateexpert specialist with a good knowledge of FIJI .The experts’ inputs in working man days to be delivered partly in Fiji and intheir place of residence are requested as follows:4

INPUTS Expert 1 Expert 2 Per diem International TravelDevelopment of trainingmaterialIdentification & selectionof resource personsLogistics & organisation ofworkshop20 20 7 11 1 0 04 4 6 0Convening workshop 5 5 7 1Communication &information5 5 0 0Report 5 5 0 0Total 40 35 20 2Expert 1: Cat I, International Legal expertExpert 2: Cat II, Private sector expert locally based3.2.2 Profile required (education, experience, references andcategory as appropriate)The Cat I Expert should be a Legal expert with proven experience in businessenvironment reforms and training capabilities. Prior experience in the Pacific willbe an asset.Qualifications and skillsHold a University degree in law or equivalentHave a high level of proficiency/fluency in spoken and written EnglishPossess excellent drafting skills.Professional experienceAt least 15 years professional experience in the field of planning,economic development, business environment and sector analysis;Expertise in providing advisory services in the related field.Assumed a similar role in an ACP country.Formulation of development policies, strategies and action plansExperience of working with international organisations and private sector;5

Expert 2: Private specialist with a good knowledge of national private sectorinstitution preferably based in FIJI (Category II).Qualifications and skills Hold a University degree in economics or administration or equivalent .Have a high level of proficiency/fluency in spoken and written English.Possesses excellent administration and back-office skills.Professional experienceAt least 10 years professional experience in the field of planning,economic development, business environment or sector analysis;Experience as a practitioner of private sector development;Good knowledge of investment context in the PACIFIC.Excellent reporting and communication skills3.2.3. LanguageEnglish3.3 LOCATION AND DURATION3.3.1 Starting periodApril 20093.3.2 Foreseen finishing period or duration2 months (no later than 10 June 2009)3.3.3 PlanningThe activities should take place as follows, month 1 being April 20096

IMPLEMENTATION PLANIMPLEMENTATION PLANTIMETABLEActivityMonth(Main Deadlines in calendar weeks of the year)1 2 3Development of trainingmaterialIdentification &selection of resourcepersonsLogistics & organisationof workshopConvening workshopCommunication &informationReportClosure of projectXXXXXXXXMonth 1: April 2009The consultant will be careful in submitting the reports and preparatorydocuments with sufficient time prior to the workshop to enable proper approvalby BizClim and the beneficiary.7

3.4 REPORTING3.4.1 Content3.4.1.1. Reports requiredReporting will be based on the provision of the services set out in the abovesections; in addition:a. By entering into contract, the Contractor agrees to submit the following toBizClim according to a format to be agreed upon. All reports mentionedhereunder should be in English.b. The contractor will produce the following reports as per section 3.1.3 and3.1.4, according to a format to be proposed by the Contractor and approvedby BizClim: Inception report, Report (related to backgroundinformation, indicators and training material) and final report.c. A draft final report covering, at least, all the points mentioned under theActivities Plan of this TOR, should be forwarded to BizClim or whoever isauthorised by it within 14 days before the end of the period of theassignment.d. The final report is to include all comments by stakeholders, the assignment isnot considered complete until the final report is submitted and approved byBizClim.e. The Contractor shall inform BizClim as soon as the following types ofconditions become known:• Problems, delays or conditions that will affect the ability to attainobjectives, prevent the meeting of time schedules and goals or obstaclesto the attainment of work within the estimated task period.• Favourable developments or events that enable time schedules to be metsooner than anticipated or more work to be produced than originallyprojected.The draft final report will be submitted in the working language (English) and,once approved, will be submitted in French AND in English in 10 hard copies andin electronic version.In addition, BizClim publishes a quarterly newsletter (BizNews) and a monthly@zine aiming at informing potential beneficiaries about the undergoing activitiesand events organized by BizClim.The executive summary of each report should be drafted in such a way that itcould be easily used as an article to be inserted in the BizNews or @zine, morespecifically:- 1 Page- Context: what, where, when, who, how, why, how much/ many- Objective- Mission process- Implementation & planning- Result- Perspectives8

3.4.1.2. PhotosThe Contractor should provide a minimum of 2 colour pictures (minimum 3millions pixels) in electronic format to the BizClim Facility. These pictures are toillustrate the mission undertaken (e.g., key stakeholders, a seminar participant,headquarters of key stakeholders, or any other picture illustrating the givenproject).The experts, consultant(s) and contractor(s) should be aware that the BizClimFacility may use the pictures provided in its publications and they agree to waiveand abandon any property rights with respect to the pictures provided.3.4.2. Dissemination/CommunicationThe Contractor, as a Workshop Organiser, will provide as much visibility aspossible to the project.In consultation with the beneficiary, the Contractor is to draft a finalCommunication for dissemination after the Validation Workshop.In addition, BizClim publishes a quarterly newsletter (BizNews) and a monthly@zine, which aims at informing potential beneficiaries about ongoing activitiesand events organized by BizClim. The Contractor will draft a “media releaseform” from each report in such a way that it can be easily used as an article tobe inserted in the BizNews or @zine; more specifically, it will respect thefollowing template:- 2 Pages maximum- Context: what, where, when, who, how, why, how much/ many- Objective- Mission process- Implementation & planning- Result- Perspectives3.4.3 LanguageEnglish3.4.4. Submission/comments timingAll reports will be delivered to BizClim within the period specified in the planning.The reports should be presented in English. This is in addition to the final reportdelivered at the end of the assignment. This report will be delivered both inelectronic format and 10 hard copies. The final report will be translated inFrench.BizClim will communicate its comments within two weeks as from the reportsubmission date (failure to which the report shall be deemed approved) furtherto which the Contractor will have one week to amend the report accordingly.9

3.4.5 Number of report(s) copiesThe draft final report will be submitted in the working language (English) and,once approved, will be submitted in French in 5 hard copies AND in English in 5additional hard copies as well as in electronic version.3.5 MONITORING AND EVALUATIONThe progresses of the assignment will be monitored and evaluated against thefollowing objectively verifiable indicators (OVI):OVI AND SOURCES OFVERIFICATION :What is the quantifiable evidence of the results?Results OVIs SourceDefine approach, setupand materialDocument, materialContractorImproved capacity buildingfrom trainingworkshop/seminar for civilservants andrepresentatives ofNGOs/NSAs.Identify priority areas forbusiness environmentreformsWorkshop successfully heldList of participantsProceedings & reportFinal reportContractorContractor10

3.6 ADMINISTRATIVE INFORMATION FOR COMPONENT 13.6.1. Budget for component 1The maximum budget for this component amounts to: 67,110 € for Fees andDirect costs and 4,000 € for Reimbursable expenses.3.6.2. ProvisoThe Contractor in charge of the study, as provided for in this Terms of Reference,will drive the whole project. S/he will coordinate closely with the beneficiary toensure that the objectives are attained.In order to ensure effective coordination with the beneficiary, the Contractor isrequired to recruit any support staff that may be deemed necessary to deliver onthe assignment.Neither the Commission Delegation nor the beneficiary will provide theconsultants or contractors with any facilities. This means that theContractor will have to make provision for all secretariat, computer andmeeting room facilities.11

4. COMPONENT 2 – WORKSHOP4.1 DESCRIPTION OF THE ASSIGNMENT FOR COMPONENT 24.1.1. Specific objective(s)The objective of this component is the organisation of 3-days Workshop in FIJIthat will provide a general and legal training (pre-legal drafting stage) andcapacity building in the civil service, NGOs and Private sector aimed at enhancingthe capability of participants in assessing legislative reform initiatives and theways and means of preparing these initiatives to the point of legal drafting.The workshop is expected to bring together 50 professionals from Fiji, 40pertaining to the line ministries, 10 from private sector representatives andNGOs.4.1.2. Requested services (part of Reimbursable), includingsuggested methodologyThe seminar/conference will take place during 3 days according to the draftagenda to be presented by the experts.The Contractor will be responsible for providing the services detailed in theseTerms of Reference. The contractor will be required to suggest a methodologyfor the implementation of the services listed below. A detailed action plan(Gantt Chart ideally) will be submitted notably indicating the deadlines at whichthe Contracting Authority should provide the information required for a timelyimplementation of the services.The contractor will indicate how the required support staff(Secretary/Office Manager/etc.) will be mobilised in order to ensure asmooth implementation of the project in Fiji and a good coordinationwith the beneficiary. To this end, a specific coordinator for this eventwill be identified and her/his CV will be provided.The Facilitator will ensure the coordination of the logistical organization of theevent, including will liaise with the speakers/moderators.The consultant will prepare technically and logistically the workshopand will notably ensure the presentation of the findings and tools andmoderate the sessions.A. Booking, purchasing, changing, cancellation, delivery of traveltickets12

A number of 50 persons are foreseen to this training (including 15participants from other regions of Fiji whose transport and accommodationwill be financed by the project).1. Air tickets: These must be economy class (and must include airport taxand, where appropriate, any charges for making the tickets available forcollection at the airport of departure). Bookings for any but the usualroutes, and tickets for any class other than economy, must be expresslyauthorised beforehand by the Contracting Authority of each assignment. Aspecial contingency of 10% of the flight costs will be foreseen to faceunforeseen increases.2. Rail tickets: not applicable3. Car: If a participant wishes to travel to a conference by car, he will berefunded the cost of a rail ticket for the equivalent journey (first class forinternational journeys and second class for domestic journeys). If severalparticipants travel by the same car, only one reimbursement will beauthorised. Evidence of the journey by car must be received from theparticipants.4. Changes and cancellations: The Contractor must provide participantswith the necessary assistance whenever changes have to be made totickets. Also, the Contracting authority of the relevant assignment must benotified immediately of any major changes to flight times and its approvalof such changes must first be obtained. Should there be no reaction fromthe Contracting Authority, the change cannot take place. The Contractormust take whatever steps are necessary to ensure that any requests forcancellation are settled in the best interests of the Contracting Authority.Any additional outlay owing to negligence attributable to the Contractorwill be borne by the Contractor.5. Delivering tickets: The Contractor will contact participants as necessaryto make arrangements for sending tickets or making them available forcollection at the airport of departure.The Contractor will ensure the booking, purchasing, changing, cancellationand delivery of travel tickets for all participants to the seminar.The Contractor will undertake a price comparison of the travel expenses ofthe participants from their place of departure to the place of the event.The participants’ travel from their place of residence to the place of theevent may be by air, train, personal car or bus in accordance with theterms and conditions stipulated in the procedures of the 9 th EuropeanDevelopment Fund (EDF).Travel arrangements will be made on the basis of a list of participantstransmitted by the ACP Business Climate Facility. Any changes requestedby the ACP Business Climate Facility should be notified to the contractor asrapidly as possible.13

Should those changes result in extra costs, those costs will be notified tothe ACP Business Climate Facility and the Contracting Authority and ifaccepted, charged to the contract. The Contractor will be responsible forall aspects of the travel arrangements including direct contacts withparticipants, when necessary.The list of participants (including speakers), as well as their contactdetails, will be provided by the Contractor to BizClim for approval. TheContractor will arrange the transport of all participants upon reception ofthe confirmation of their participation to and from the place of the event.Not applicableB. Assistance with obtaining visasC. Production and Distribution of invitations (letters or cards)The Contractor will be responsible for producing and distributinginvitations to the participants. The Contractor will provide the text of theinvitation in one or more languages for approval by BizClim before sendingout invitations.Invitations will be in the form of, for example, a personalised letter in‘.pdf’ format sent to the participants by email, fax or postal letter andenclosing in annex the agenda (draft or final version to be provided byBizClim) and the terms and conditions of the accommodation and travel.The list of participants (about 50 people covering the expected participantsand speakers), and their contact details will be provided to the contractorby the beneficiary and should be approved by BizClim.The invitation letters and their annexes will be drafted in French andEnglish. One single version will be sent to the participants, dependingupon their working language.The Contractor will propose to BizClim invitation letters in word format, orequivalent, as well as their annexes in both languages, French andEnglish.The proposal will include:i) the invitation letters and annexes to the participants; andii) if required, the invitation letters and annexes to the speakers.Once the invitation letters and annexes have been approved, theContractor will send the invitations in ‘.pdf’ format to each participantby email, fax or postal letter.D. Management and Payment of the daily allowance toparticipants and speakers14

The maximum period of stay for the participants/ speakers (ifapplicable) is expected to be as follows:- 4 nights at the place of the event.BizClim and the beneficiary will agree on clear criteria to select theparticipants and speakers (if applicable) whose participation will befinanced under the project and will provide this list to the Contractor.For every overnight stay, each participant may be entitled to receive adaily allowance within the limit of the rate published by the Commissionand in force on the date of the Request 1 .The daily allowance covers all costs to participants, including hotelaccommodation, meals, telecommunications charges, local transport(intra-city), such as transfer to and from the airport and other minorexpenditure. The daily allowance will be paid on the basis of the number ofnights spent by the participant at the conference venue.The Contractor must undertake to get participants to sign a dailyattendance list at the event and this will be taken as supportingdocumentation for each daily allowance paid out. Where a participanthimself/herself decides to extend his/her stay at the beginning and/or endof the conference no daily allowance will be paid for additional nights. Thisdoes not however apply in the case where the extra nights are justified bythe use of lower cost ticket (e.g. so-called APEX ticket).The Contractor will be required to pay the daily allowance in the formrequired by the Contracting Authority. The following forms of payment areacceptable:a) The Contracting Authority asks the Contractor to settle thehotel bill and the cost of the transfer from airport to hotel and back. In thiscase, the participant will receive the balance of the daily allowance at thehotel or conference venue.The Contractor will be responsible for finding accommodation and makingreservations.Where accommodation, meals, transport etc. are provided at no directcost to the participants, any daily allowance must be reduced accordinglyby deducting the costs incurred from the published daily allowance rate.E. Preparing name badges and conference kits and distributingthem to participantsThe Workshop Organiser is responsible for preparing and distributing namebadges and conference kits to participants. The prepared conference kits1Available on the EuropeAid internet site on:http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/index_en.htm.The per diem to be used is the one in force on the date of the launching of this consultation.15

and promotional material (see section P) shall be conforming to the highvisibility of the events.The participants will receive a conference kit with:- the European Commission’s logo,- the name and logo of the beneficiary/ies and its partners- BizClim's name and logo with the mention ‘Avec le soutien de/ With thesupport of BizClim, www.acpbusinessclimate.org’- the title of the event,- the place and date of the eventleast:In addition to usual note pads and pen, the conference kit will include at- the final agenda of the event,- a precise information on the workshops room(s), transportationarranged daily from hotel (s) to workshops venue (s) (if required),other transportation arranged, as well as meeting schedules,- background documents provided by the Contracting Authority, thebeneficiary and its partners, the experts in charge of the study orBizClim,- a presentation of BizClim and any relevant information about otherEuropean Commission’s programmes,- any additional information that the Contractor may suggest onceapproved by BizClim.The kits must include all the documentation requested by the ContractingAuthority and be in accordance with the EU’s visibility guidelines forexternal actions 2 as well as to BizClim’s guidelines.Not applicableF. InsuranceG. Hotel reservationsReservations will be made for the 50 participants whose travel andaccommodation costs are taken in charge by the project. Reservationsmust be made in a 3 or 4 stars hotel in the place of the event for themaximum number of nights. Where travel arrangements require that theparticipant must spend additional nights in the hotel, this must beauthorised beforehand by BizClim.2See EU visibility guidelines for external actions, on the EuropeAid internet site at:http://europa.eu.int/comm/europeaid/visibility/index_en.htm16

If possible, the participants will be hosted in the venue selected for theconference or in hotels at a walking distance from the conference venue.In case the hotel(s) are not located at a walking distance from theconference venue, transportation (e.g. by bus) will be organised for theparticipants daily. The cost will be deducted from the participant’s perdiem.Breakfast must be included in the rate charged for the room. If aparticipant is not willing to use the facility of reservation, he shall notifyBizClim in due time.H. Local assistance by a team of hostesses/stewardsThe Contractor is responsible for ensuring local assistance is availablethroughout the event, for example:Welcoming participants at the airport upon arrival andaccompanying them upon departure;Welcoming participants at their hotel; Assistance at the conference: welcoming participants,distributing badges, passing round the microphone,distributing documents and conference kits, etc.I. Local transportThe Contractor is responsible for ensuring local transport is availablethroughout the event, for example:Arranging transfers between airport, hotel and conferencevenue for the participants ;J. Booking and hiring of an appropriate conference roomThe Contractor will be required to hire the appropriate conference facilitiestaking into account the following :Place of the event; Date of the event ; Duration; and Number of attendants .The Conference venue is chosen by the Conference organiser incoordination with the beneficiary.Not applicableK. Additional premisesL. Hire of appropriate conference equipment17

The Contractor is responsible for hiring appropriate conference equipmentthroughout the meeting or for contributing to financing theconference equipment.The conference equipment may cover the following: cabins and equipment needed for simultaneousinterpretingaudio equipment: microphone(s) for the conferencepanel, other ensuring the mobility of the speakers, otherfor the participants passed on by hostesses/stewards projection devices: overhead projector(s), videoprojector(s), wide projection screen(s) of good quality ,television set(s), DVD player(s), VHS or Beta system(s),etc.;M. Provision of interpreters and translatorsNot applicableN. Lunches/dinners/cocktails/snacks/drinks for participantsThe Contractor is responsible for organising meals throughout the event.Depending upon the number of confirmed participants, the Contractor willmake the necessary reservations for:lunch for the 2 days conference (buffet)coffee-break AM & PM: snacks and drinks a cocktail at the end of Day 2Other snacks or drinks may be provided at the conference venue, the hotelor any other appropriate place in town.The Contractor must take any cultural, religious or personal specificity ofparticipants into consideration and provide suitable food/drinks.18

Not applicableO. Selecting and recruiting moderators’ servicesP. Drafting and distribution of approved summary records,proceedings and/or press releasesPrior to the events, the Contractor will be required to produce anddisseminate press releases to the local and regional media. The Frenchand English versions of these documents must receive the prior approvalof BizClim and the beneficiary. The identification of the media to becontacted will be done in coordination with the beneficiary, the experts incharge of the study and possibly BizClim.A press conference will be organised at the end of the last day of theevent. Regional media will be invited to attend. There again, closecoordination with the beneficiary will be required in order to identify themedia.In addition, the Contractor is required to ensure the visibility of theevents, including at the place of the events, and to develop the requiredpromotional material accordingly (banners, leaflets, etc.). The quality ofthe conference kits (section E) and of the promotional material shall be inline with the visibility expected of the events.The contractor will be required to develop an Internet Website specific tothe event where participants may register online, and where all relevantinformation will be made available (concept note, background documents,logistical information). The website may be hosted on the beneficiary’swebsite or at the following BIZCLIM site http://bizclim.ning.com/. Thiswebsite should be available sufficient time (at least one month)prior to the event and should remain open at least two month aftercompletion of the activity.The Contractor is required to provide services aiming at recording thediscussions and/or taking notes with view to produce a report orsummary of the conference proceedings (English and French). TheContractor will ensure to collect the list of attendants at workshop withtheir contact details. The report will be submitted two weeks after theevent.After the workshops, the Contractor will be required to disseminate thesummary of the conference proceedings, including material produced, tothe participants. These documents must receive the prior approval ofBizClim and the beneficiary.The publication must be of high quality based on high standards of design,layout, editing and printing.19

4.2 LOCATION AND DURATION4.2.1. Starting period, duration and locationThe main event will take place, as mentioned in 4.1.1 (Specific objective), FIJI.Total duration of the present assignment will be 2 months.4.2.2 PlanningA tentative planning of all activities foreseen for the implementation of thisproject is presented in section 3.3.3. under Component 1. Some activitiesdescribed may not be relevant for this specific Component 2.4.3 REPORTING4.3.1. LanguageEnglish4.3.2. Submission/comments timingAfter the event, within three weeks, the Contractor will present a report (10hard copies and an electronic version) comprising a technical part related to hisassignment and a financial part.In addition to all material designed and produced during the event, thetechnical part will notably include: A short description of the tasks carried out and the conferenceservices rendered and, if relevant, make recommendationsregarding future conferences, Photos of the event (minimum 3 digital photos with 3 million pixel), A press book, etc. Evaluation from the participantsThe financial part will summarise the expenditure eligible for reimbursementthat was incurred in organising the conference and state the flat rate that will becharged.20

4.4 ADMINISTRATIVE INFORMATION FOR COMPONENT 2The cost of the present assignment should not exceed € 56,400.Within this budget, all required support staff (Secretary/OfficeManager/etc.) will be recruited in order to ensure a smoothimplementation of the project in FIJI and a good coordination with thebeneficiary .The indicative budget for the following budget lines should be around : 2,500 € for Visibility and Publications 3,000 € for Local Assistance 2,500 € for Proceedings5. GENERAL INFORMATION5.1. CONTRACTING AUTHORITYThe Contracting Authority is the ACP Business Climate Facility – Climat desAffaires ACP (BizClim).5.2. CORRESPONDENCEAny correspondence should also be addressed to:BizClimM. Mhamed Cherif, Project DirectorAvenue Roger Vandendriessche, 38Brussels - BelgiumTel. +32 - 2 - 772 0119 - Fax +32 - 2 - 777 0860Email: mhamed@acpbusinessclimate.org5.3. OVERALL BUDGETThe maximum budget for the assignment is 127,510 EUR with a maximumof € 71,110 for the study and € 56,400 for the organisation of theconference.21