Country: Ghana
Closing date: 10 Nov 2016
European Union Project in Ghana
“Accountability, Rule of Law and Anti-Corruption Programme - ARAP”
TERMS OF REFERENCE
Programme Officer
Ref: 006/16/ARAP
Type of Contract: Service contract
Duty Station: Accra, Ghana
Indicative Starting Date: November/December 2016
Duration of Assignment: Until the end of the project implementation due on the 5th January 2021
BACKGROUND
FIIAPP is a foundation of the State public sector whose activities, characterised by the absence of profit and the pursuit of the general interest, is framed in the field of international cooperation aimed at the institutional modernisation, for the reform of Public Administrations and the attainment of democratic governance.
According to its mission, the Foundation has been awarded the Delegation Agreement “Accountability, Rule of Law and Anti-corruption Programme - ARAP” funded by the European Union.
The overall objective of the programme is to promote good governance in Ghana by reducing corruption and improving accountability and compliance with the rule of law, particularly when it comes to accountability, anti-corruption and environmental governance.
OBJECT
The programme has just finished its inception phase and has set up a Coordination Unit of the programme, headed by the Team Leader, based in Accra.
The programme is seeking a programme officer who can support with technical expertise along the project implementation, in the areas of accountability, rule of law and anti-corruption.
CONTRACTING AUTHORITY
According to the Contracting Manual of the FIIAPP, approved by its Board of Trustees, the contracting authority will be, meeting the budget, and according to the stipulation fifth b), the Director.
LEGAL SYSTEM AND COMPETENT JURISDICTION
This current contract has a private character, the civil court order being competent to hear disputes arising in its implementation.
Still, the acts of preparation and award of the same will follow the procedures referred to in the internal contracting Instructions of the FIIAPP in application of article 3.3. b) of the Royal Decree 3/2011 of November 14th, by which the text Revised of the Law of Contracts from the Public Sector is approved, as a public sector entity, its legal nature and contracts held.
The present Terms of Reference has a contractual nature and contains the detailed conditions to which the performance of the contract shall be adjusted.
The ignorance of the present terms of reference, the contract, its annexed documents or instructions or rules of any kind approved by the Administration that can be applied in the implementation of the agreement shall not relieve the contractor from the obligation of compliance.
PROCEDURE AND FORM OF AWARD OF THE CONTRACT
The procedure and the award will be made according to the Procurement Manual of the FIIAPP.
CAPACITY TO CONTRACT
They shall be eligible for the award of this contract natural persons, with Spanish or foreign nationality, who have the full capacity to act and who are not falling in the prohibitions to hire listed in paragraph 1 of article 60 of the TRLCSP[1]. For this purpose, shall take into consideration the rules contained in chapter II of title II of book I of the TRLCSP.
BUDGET LINE
The budget line for this contest would depend on ARAP project scale, and vary between a scale of 150.000 to 200.000 euros (one hundred fifty to two hundred thousand Euros), with no taxes included, depending on the relevant experience of the tenderer.
This is an all-inclusive amount, FIIAPP will not pay any other extra payment and the contractor will be responsible of the taxes payment according to the law of his/her fiscal residence country.
DESCRIPTION OF THE SERVICES TO BE DEVELOPED.
Under direct supervision of the Team Leader, the Programme Officer will develop the following tasks:
Support the definition of the programme activities. This includes liaising with programme implementing authorities and undertaking visits to view project outputs and outcomes;
Assist the Coordination Unit in the management and the implementation of other aspects of the Programme including results-based monitoring of work plans to ensure they comply EU / FIIAPP policies, criteria and established procedures;
Assist in the management of the resources needed for implementing the activities of the Programme (concept notes, terms of reference for experts, contracts, etc.)
Assist in aligning ARAP activities with national anti-corruption and accountability strategies and programmes and promote coherence of anti-corruption approaches, in close coordination and collaboration with Government institutions, Development Partners and other key stakeholders;
Participate in national technical meetings on anti-corruption and accountability and advocate for anti-corruption interventions and when required;
Assist on the maintenance of all records and ensure that reports required are accurate and provided as scheduled;
Prepare periodic reports on the progress of the project;
Provide technical support to ensure programme components are implemented;
Arrange necessary meetings and conduct interviews with relevant stakeholders.
Updating the activity information system.
Perform other related duties as required
Every month it would be required to present an Activities Report, detailing activities performed, that must be approved by the Team Leader.
Requirements:
University graduate with a Diploma or Specialization degree in Law, Governance, Political Science and/or Anti-Corruption or related issues
Al least 10 years of experience in large Governance and/or anti-corruption programmes.
Good command of both oral and written English, Level C1 (European Framework of Reference for Languages).
This expertise is compulsory. Additionally, profiles that go over the demanded expertise will be proportionally valuated, as in the following table in Clause 9.
CRITERIA FOR THE EVALUATION
The proposals have to include a CV in English (plus the tables of Annex 1) together with supporting documentation (scanned copy of titles, certificates, etc.).
Merits and expertise indicated in the table will be valuated with the CV’s information. For the technical deliberation, the score will be given according to the table’s criteria.
TECHNICAL ASPECTS (Professional Qualifications 100 points)(Evaluation Method :Upgrade on the requirements contained on Section 8 of the Technical Conditions, Score : 100)
More than 10 years of experience in large Governance and/or anti-corruption programmes (10-15 years: 10 points,15 years: 20 points), 20.
Previous experience working in European Union Projects (1 point per year of experience), 20.
Managerial skills and experience in managing financial and human resources and team work (1 point per year of experience), 15.
Proven experience working with Government bodies (Public Administration)(1 point per year of experience), 25.
Prior professional experience in Ghana or West Africa (1 point per year), 20.
REGULATORY PROCEDURES
The contract shall be governed by:
Ø The clauses contained in this specification.
Ø The Manual of procurement of supplies and services of the FIIAPP.
Ø The Provisions of law 50/2002 of the Foundations and in the 1337-2005 RD of November 11st.
Ø Royal 3/2011 Legislative Decree of 14 November, which approves the TRLCSP.
The ignorance of the contract in any of its terms, of the documents annexed to it, or instructions, specifications or standards of any kind dictated by the FIIAPP which may have application in the execution of the agreement, shall not relieve the employer from the obligation of compliance.
Pursuant to Article 21.2 of Royal Legislative Decree 3/2011 of 14 November, approving the revised text of the Law on Public Sector Contracts, the civil courts shall have jurisdiction to resolve disputes arising between the parties regarding the effects, compliance and termination of private contracts. This court order shall also have jurisdiction to hear any disputes affecting the preparation and awarding of private contracts.
DURATION OF THE CONTRACT
The contract will have a time of duration from its signature until the end of the project implementation due on the 5th January 2021.
SUBCONTRACTING
The successful bidder will be liable before the FIIAPP for the performance of the natural or legal persons that are subcontracted, at all levels, including the quality of the service, delivery times and completion, obligations in relation to the treatment of data and information, as well as the fulfilment by the outsourced company of their social and fiscal obligations.
Those activities subject to this agreement that need to be subcontracted by the successful tenderer shall be executed under the terms provided for in the articles 227 and 228 3/2011 RD of the 14th November, which approves the TRLCSP.
PROPERTY OF THE WORK DEVELOPED.
The work carried out in any of sections will become the property of FIIAPP. The successful tenderer may not use for themselves or provide to third parties any data of the contracted works, or publish, total or partially the contents without the written permission of the FIIAPP. In any case the successful tenderer will be responsible for damages arising from the breach of this obligation.
RESOLUTION OF THE CONTRACT.
The causes for termination of the contract are contained in article 223 of the RD 3/2011 14 November which approves the TRLCSP:
a) Non-compliance by any of the parties of the obligations described in the contract.
b) The manifest lack of quality of the service provided or not adapt it to the conditions agreed in binding documents
c) The Declaration of insolvency in the terms that describes by the law 22/2003, of July 9th, bankruptcy.
d) Mutual agreement of the parties.
e) Breach of the limitations in the field of outsourcing.
f) Obstruction of the faculties of management and inspection of FIIAPP
REGIME OF PAYMENT
The successful bidder is entitled to the payment of the agreed price monthly, after presentation and approval of an Activities Report, under the conditions laid down in the contract, corresponding to the work actually performed and formally received by the Foundation.
The payment would be done monthly upon the approval of the monthly Report by the Team Leader.
AWARD TERM AND FORMALIZATION
The contract will be awarded the 25h November 2016.
The document of formalization of the contract shall be granted within a period of one week from the award.
START OF THE ACTIVITY
The official starting date will be the following day to the contract formalization.
How to apply:
- SUBMISSION OF PROPOSALS
Interested please send electronic CV in English + Annex 1 + titles and certificates to the following e-mail address arap.ghana@fiiapp.org indicating in the "subject": "CV ARAPProgramme Officer".**
Deadline for receipt of applications: 10th November 2016 at 12.00 PM GMT
The selected tenderer must provide to FIIAPP before the contract signature, the following documents:
Ø BANK certificate proving account holdership.
Ø Tax Residence certificate issued by the appropriate tax authority of the contractor´s country of residence, or Tax Clearance Certificate issued by GRA (Ghana revenue authority).
ANNEX 1 - REQUIREMENTS AND MERITS
Requirements- For each requirements, please add a short description.
University graduate with a Diploma or Specialization degree in Law, Governance, Political Science and/or Anti-Corruption or related issues
Al least 10 years of experience in large Governance and/or anti-corruption programmes
Good command of both oral and written English, Level C1 (European Framework of Reference for Languages)
Merits - For each merit, please add a short description and your score.
(Merits, Criteria, Max Score)
More than 10 years of experience in large Governance and/or anti-corruption programmes, 10-15 years: 10 points -15 years: 20 points, 20
Previous experience working in European Union Projects, 1 point per year of experience, 20
Managerial skills and experience in managing financial and human resources and team work, 1 point per year of experience, 15
Proven experience working with Government bodies (Public Administration),1 point per year of experience, 25
Prior professional experience in Ghana or West Africa -1 point per year,1 point per year of experience, 20