Annual Strategic Planning Facilitation Consultancy Services Bid Document SC/RP/BIPA-02/2022

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PROCUREMENT MANAGEMENT UNIT

Request for Proposal

for

the Provision of

Annual Strategic Planning

Facilitation Services

Procurement No: SC/RP/BIPA-02/2022

Due Date for Submission: 19 August 2022

Business and Intellectual Property Authority, No. 3 Rhur Str, Northern Industry, PZN

Building, Windhoek, Namibia, Tel: +264 61 299 4400, Email: info@bipa.na, August 2022

Request for Proposal

LETTER OF INVITATION

Dear Sir/Madam,

SUBJECT: REQUEST FOR PROPOSAL FOR THE PROVISION OF ANNUAL STRATEGIC

PLANNING FACILITATION SERVICES

1. You are hereby invited to submit technical and financial proposals for consultancy

services required under the Annual Strategic Planning for the Business and

Intellectual Property Authority (BIPA) which could form the basis for future

negotiations and ultimately, a contract between you and BIPA.

2. The purpose of this assignment is to:

(a) Facilitate a strategic planning session (s) in order to formulate an annual

business and financial plan for BIPA in accordance with Section 14. (1) of the

Public Enterprises Governance Act, 2019 (Act No. 1 of 2019).

3. The following documents are enclosed to enable you to submit your proposal:

(a) the Terms of Reference (TOR) [Annexure 1];

(b) supplementary information for Consultants, including a suggested format of

curriculum vitae [Annexure 2]; and

performed [Annexure 3]

4. Any request for clarification should be forwarded in writing to BIPA at

hamukwayad@bipa.na. Request for clarifications should be received 7 days prior to

the deadline set for submission of proposals.

5. The Government of the Republic of Namibia requires that

bidders/suppliers/contractors participating in the procurement in Namibia observe

the highest standard of ethics during the procurement process and execution of

contracts.

Consultants are advised to consult the website of the Procurement Policy Office:

www.mof.gov.na/procurement-policy-unit to acquaint themselves with the

legislations related to public procurement in the Republic of Namibia.

6. Eligibility

(a) A Consultant that is under a declaration of ineligibility by the Government of

Namibia in accordance with applicable laws at the date of the deadline for bid

submission and thereafter shall be disqualified.

(b) Proposals from Consultants appearing on the ineligibility lists of African

Development Bank, Asian Development Bank, European Bank for Reconstruction

and Development, Inter-American Development Bank Group and World Bank Group

shall be rejected.

ineligibility, if any, by any local/international agency or any termination of contract

for unsuccessful completion of assignment, giving adequate details to enable a fair

assessment.

7. Eligibility Criteria

In compliance with the requirements required in terms of section 50. (1) of the

Public Procurement Act, 2015, the following mandatory documentary evidence is

required to accompany the Technical Proposal:

(i) have a valid company Registration Certificate;

(ii) have an original valid good Standing Tax Certificate;

(iii) have an original valid good Standing Social Security Certificate;

(iv) have a valid certified copy of Affirmative Action Compliance Certificate, proof

from Employment Equity Commissioner that bidder is not a relevant

employer, or exemption issued in terms of Section 42 of the Affirmative

Action Act, 1998;

(v) An undertaking on the part of the Bidder that the salaries and wages payable

to its personnel in respect of this proposal are compliant to the relevant laws,

Remuneration Order, and Award, where applicable and that it will abide to

sub-clause 4.6 of the General conditions of Contract if it is awarded the

contract or part thereof.

(vi) have a valid good standing certificate in regards to BIPA Annual Returns

payment

Any bid found non-compliant to this section will be excluded from the

competition and will not be evaluated further.

8. Submission of Proposals

The proposals from the shortlisted Consultants shall be submitted in two separate

envelopes, namely Technical and Financial proposal, and should follow the form

given in annexure 2 - "Supplementary Information for Consultants". The proposals

must be deposited into the bid box on or before: Friday, 19 August 2022, at BIPA

Office- Reception, Ground Floor, PZN Building, No. 3 Ruhr Street, Northern

Industrial, Windhoek at 12H00.

Proposals should not be forwarded by electronic mail.

9. Deciding Award of Contract

Qualification and experience of the Consultants shall be considered as the

paramount requirement. The proposals will be evaluated on the basis of a maximum

of 70 marks for Technical Proposals and 30 marks for Financial proposals.

Proposals from Consultants should score at least 50 marks for the Technical

Proposals to be retained for further consideration.

Only those Consultants scoring a total of 70 marks on the overall assessment shall

be considered for the assignment. Negotiations will start with the Consultant

scoring the highest marks and if negotiation is not successful, negotiation will start

with the next best ranked Consultant and so on until an agreement is reached.

Should you be contacted for negotiations, you must be prepared to furnish the

detailed cost break-down and other clarifications to the proposals submitted by you,

as may be required to adjudge the reasonableness of your price proposals.

10. Rights a Public Entity

(a) Please note that BIPA is not bound to select any of the Consultants submitting

proposals.

(b) Please note that the cost of preparing a proposal and of negotiating a contract

including visits to Namibia, if any, is not reimbursable as a direct cost of the

assignment.

11. Duration of Assignment

It is estimated that the minimum duration of the assignment shall be for a period of

two (2) months. You should base your financial proposal on these figures, giving an

indication of man-months considered necessary by you to undertake the

assignment. The extent to be spent in Namibia and that in office outside Namibia

should be clearly indicated. The rate proposed in your submission will be applied in

case the duration of the assignment is to be extended.

12. Validity of Proposal

You are requested to hold your proposal valid for 30 days from the deadline for

submission of proposals during which period you will maintain without change,

your proposed price. The [name of public entity] will make its best efforts to finalize

the agreement within this period.

13. Commencement date of Assignment

Assuming that the contract can be satisfactorily concluded on 26 August 2022 you

will be expected to take up/commence with the assignment in 7 days’ time.

14. Tax Liability

Please note that the remuneration which you receive from this contract will be

subject to normal tax liability in Namibia; but BIPA shall pay directly or reimburse

the taxes, duties, fees, levies and their impositions in Namibia related to:

(a) payments to the Consultant in connection with carrying out this assignment;

(b) equipment, materials and supplies brought into Namibia for the purpose of

carrying out the assignment, provided they are subsequently withdrawn; (This

clause shall apply only to foreign Consultants). and

withdrawn. (This clause shall apply only to foreign Consultants).

15. Insurance

The Consultant shall meet the cost of any insurance and/or medical examination or

treatment required by him/her in the course of performing the services.

16. Conformation of Invitation to submit proposal

We should appreciate if you would inform us by email:

(a) your acknowledgment of the receipt of this Letter of Invitation within 2 days;

and

(b) further indicate whether or not you will be submitting the proposal.

17. BIPA would like to thank you for considering this invitation for submission of

proposals.

Yours faithfully,

David Hamukwaya

Secretary to the Procurement Committee

Enclosures:

Annexure 1: Terms of Reference.

Annexure 2: Supplementary Information to Consultant.

Annexure 3: Draft contract under which service will be performed.

Annexure – 1

TERMS OF REFERENCE

Part 1. Background

The Business and Intellectual Property Authority of Namibia is a Public Enterprise

established by an ACT of Parliament, BIPA Act No. 8 of 2016 to facilitate and promote the

efficient and effective registrations of business and intellectual property rights in Namibia.

Our objects are:

a. facilitate economic growth and development to raise income and promote

investment and create employment;

b. enhance the efficient protection of the business and IP in Namibia;

c. facilitate and promote the efficient and effective registration of business and

industrial property in Namibia;

d. promote the conduct and use of business and intellectual property in Namibia;

e. facilitate, streamline, simplify and harmonise the business and industrial property

procedures, registrations, filings and searches to expedite economic growth and

development; and

f. enhance the efficient exchange and distribution of information

Our Mandate is:

i. To regulate and administer the registration of business and industrial property

under the applicable legislation.

ii. Implement, promote electric business and intellectual property information and

transaction systems.

iii. Collect fees and rates under BIPA ‘s Act or the applicable legislations.

iv. Maintain accurate, current and relevant information concerning business and

intellectual property.

In line with the provisions stipulated under Section 14. (1) of the Public Enterprises

Governance Act, 2019 (Act No. 1 of 2019), BIPA wishes to appoint a suitable Consultant to

facilitate a strategic planning workshop (s), which will result in the formulation of the

Authority’s Annual Business and Financial Plan for the 2023/2024 Financial Year. The

Annual Plan will be the Authority’s key guiding document for the implementation of its

five-year integrated strategic business plan for the period 2021/2022 to 2025/2026.

Part 2. The Services

The scope of the services for the Consultant will include, but will not be limited to:

a. Inception Session with the Executive Management Committee (EXCO) to confirm

Consultant’s Technical Approach and Methodology.

b. Conduct a desk review of BIPA’s existing strategic documentation and consultations

with key stakeholders to develop an in-depth understanding of BIPA and its current

state.

c. Provide an independent assessment report of BIPA’s current five-year integrated

strategic business plan for the period 2021/2022 to 2025/2026, and present same

at the strategic planning workshop.

d. Plan and facilitate a three-day participatory strategic planning workshop during

September 2022 with BIPA Board Members and the Management team to prioritise

the Authority’s strategic directions (including workshop facilitation materials).

e. Prepare and deliver a detailed report on key decisions agreed upon during the

workshop.

f. Assist BIPA in the development of its Annual Business and Financial Plan for the

2023/2024 Financial Year in accordance with National guidelines for public entities

and international best practices.

g. Review a subsequent draft Annual Business and Financial Plan document.

Part 3. Facilities to be provided by the Public Entity

BIPA will provide the following for this assignment:

a. Boardroom facilities.

b. Arranging logistics for the workshop.

c. All costs associated with the workshop venue.

d. All of the necessary background documentation and support the Consultant in

organising consultations and activities.

e. Document drafting services, excluding Consultant’s reports.

The Business Strategy Office will serve as the main point of contact for the Consultant.

Part 4. Contract duration and fees

(a) Duration of initial contract: shall be two (2) months, with an anticipated start date of

05 September 2022 and completion date of 04 November 2022.

(b) Payment: shall be done upon completion of duties and the fees will be rated as

quoted.

Part 5. Deliverables

Upon completion of this assignment, the Consultant is expected to deliver the following

outcomes:

a. Inception Report, which includes a detailed work plan, schedule and a list of

required documentation for the desk review, delivered within two working days of

the Inception Session.

b. Desk review and consultations.

c. Independent assessment report of BIPA’s current five-year strategic business plan.

d. A strategic planning workshop agenda and facilitation plan prior to the workshop

event.

e. Facilitation of the Strategic Planning Workshop (including workshop facilitation

materials).

f. Preparation and delivery of a detailed workshop report, documenting the workshop

findings and analysis with recommendations.

g. Feedback report on the review of the draft Annual Business and Financial Plan

document for the 2023/24 Financial Year, delivered and presented to the Executive

Management Committee (EXCO) by 04 November 2022.

Part 6. Evaluation Criteria

The Consultant will be evaluated against a combination of technical and financial criteria

(combined scoring method). Maximum score is 100% out of which technical criteria equals

70% (with a 70% pass mark to advance to the next stage of evaluation) and financial criteria

equals 30%. The evaluation criteria are as presented on the next page.

EVALUATION CRITERIA

CRITERIA USED TO EVALUATE THE BIDS

1. PART A TECHNICAL PROPOSAL - Total Marks (70)

TECHNICAL DIMENSIONS

Layout of Documents/ presentation

1. Institution Information:

Bidders must submit a brief description of the organisation and an outline of recent

experience on assignments of similar nature. They should provide the following:

(a) Brief description of the organisation. (3 Marks)

(b) Evidence of having undertaken three (3) similar assignments in the last five (5)

years for similar organisations. (15 Marks - 5 Marks for each assignment with

attached typed client reference letter on official letterhead and signed by a

duly authorised person).

2. Methodology and Work Plan:

Institutions are expected to demonstrate an understanding of the terms of reference by

providing the following:

(a) Description of Technical Approach and Methodology. (15 Marks)

(b) Description of Work Plan. This should highlight the breakdown of activities

needed to carry out the assignment. (10 Marks)

Marks)

3. Human Resource Capacity:

Qualifications and competence of the Team Leader for the assignment (detailed CV to be

attached):

(a) Demonstrate experience by providing at least three (3) similar assignments they

have undertaken in the last five (5) years for similar organisations with their

reference contacts. (6 Marks - 2 Mark for each assignment); At least 10 years of

relevant professional experience. (3 Marks – 1 Mark will be deducted for each

year less than 10 years)

(b) Hold a Master’s Degree (NQF level 9) in strategic management, business

management or related fields (copy of degree certificate must be attached) (5

Marks); relevant Professional Certification in Strategy Management, Balanced

Scorecard, or related certifications (3 Marks);

Formula: Total Score _________ x 100

Total allocated marks (70)

2. PART B FINANCIAL PROPOSAL - Total Marks (30)

FINANCIAL DIMENSIONS

1. Feasibility of cost estimate (25 Marks)

(a) Consultant’s contract cost estimate is within BIPA’s budgeted amount to perform

the assignment

2. Clear fee structure provided (5 Marks)

(a) Consultant’s cost breakdown per activities is provided.

Formula: Total Score _________ x 100

Total allocated marks (30)

TOTAL SCORE IS OUT OF 100 Marks

Annexure - 2

SUPPLEMENTARY INFORMATION FOR CONSULTANTS

Proposals

1. Proposals should include the following information:

(a) Technical Proposals

(i) Curriculum Vitae of Consultant (Form F-2).

(ii) An outline of recent experience on assignments/ projects of similar nature

executed during the last five years (Form F-3).

(iii) Any comments or suggestions of the Consultant on the Terms of Reference

(TOR).

(iv) A description of the manner in which the Consultant would plan to execute

the work.

(v) The Consultant's comments, if any, on the data, services and facilities to be

provided by the Public body indicated in the Terms of Reference (TOR).

(b) Financial Proposals

2. The financial proposals should be given in the form of summary of Contract estimate

(Form F- 4)

3. The proposals shall be submitted in one original and [insert no. of copies to be

submitted].

Contract Negotiations

1. The aim of the negotiations is to reach an agreement on all points with the

Consultant and initial a draft contract by the conclusion of negotiations.

Negotiations commence with a discussion of Consultant's proposal, the proposed

work plan, and any suggestions you may have made to improve the Terms of

Reference. Agreement will then be reached on the final Terms of Reference and the

bar chart, which will indicate periods in [weeks/months] and reporting schedule.

2. Once these matters have been agreed, financial negotiations will take place and will

begin with a discussion of your proposed payment schedule.

Review of reports

1. A review committee of three members will review all reports and suggest any

modifications/changes considered necessary within 15 days of receipt.

FORM F-1

BID SUBMISSION FORM

From: _______________________ To: Chairperson Procurement

_______________________ Committee

_______________________ BIPA

_______________________ P.O. Box 185

_______________________ Windhoek

_______________________ Namibia

Hiring of Consultancy Services for the Provision of Annual Strategy Planning

Facilitation Services

I/We ——————————herewith enclose Technical and Financial Proposals for

selection as Consultant for the [name of public entity].

I/we undertake that, in competing for (and, if the award is made to me/us, in executing)

the above contract, I/we will observe the highest level of ethical conduct.

Yours faithfully

Signature: _________________

Full name: _________________

Address: _________________

FORM F-2

FORMAT OF CURRICULUM VITAE (CV) FOR CONSULTANT

Name of Consultant:__________________________________________

Profession:__________________________________________________

Date of Birth:________________________________________________

Nationality:_________________________________________________

Membership in Professional bodies:______________________________

Key Qualifications:

[Give an outline of experience and training most pertinent to tasks on assignment. Describe

degree of responsibility held on relevant previous assignments and give dates and locations.

Use about half a page.]

Education:

[Summarize college/university and other specialized education, giving names of institutions,

dates attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions

held since graduation, giving dates, names of employing organizations, titles of positions held,

and locations of assignments. For experience in last ten years, also give types of activities

performed and employers references, where appropriate. Use about two pages.]

Languages:

[For each language indicate proficiency: excellent, good, fair, or poor; in speaking, reading,

and writing ]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly

describe me, my qualifications, and experience.

Date: Day/Month/Year

[Signature of Consultant]

Full name of Consultant: ______________________________________

FORM F-3

ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED DURING LAST 5

YEARS

1. Outline of recent experience on assignments of similar nature:

Sl.No Name of Name Owner or Cost of Date of Date of Was

assignment of Sponsoring Project Commencement Completion assignment

Project agency satisfactorily

completed

Note: Please attach certificates from the employer by way of documentary proof. (Issued by the Officer of

rank not below that of Divisional Manager or equivalent.)

FORM F-4

Cost Estimate of Services1

Remuneration:

Consultant Name Monthly Rate Working Months Total

Cost

(in currency) (in

currency)

_______________ ____________ ______________ ___________

Sub-Total (Remuneration) _____________

Out-of-Pocket Expenses2 :

(a) Per Diem3 : Room Subsistence Total Days

charge

_________ ________ ____ ________ ______

(b) Air fare ______

Sub-Total (Out-of-Pocket) ______

Contingency Charges: ______

Total Estimate: _________

Rates shall be used for extension of contract for Lump-sum basis and for Time-based contract at negotiation stage

or as otherwise specified

Reimbursable at cost with supporting documents/receipts unless otherwise specified.

Per Diem is fixed per calendar day and need not be supported by receipts.

To include reporting costs, visa, inoculations, routine medical examination, minor surface transportation and

communications expenses, porterage fees, in-and out expenses, airport taxes, and such other travel related expenses

as may be necessary.

Annexure 3

CONTRACT No._________

CONSULTANCY SERVICE CONTRACT

BETWEEN

Business and Intellectual Property Authority (BIPA),

No. 3 Rhur Str, Northern Industry, PZN Building, Windhoek

P.O. Box 185, Windhoek, Namibia

Tel: +264 61 299 4400

AND

[INSERT CONSULTANT NAME]

TABLE OF CONTENTS

Page

Preamble.................................................................................................................................................................................... 3

Article I Scope of Services .................................................................................................................... 15

Article II Commencement of Services and Duration of Contract.......................................... 15

Article III Duties of the Consultant ...................................................................................................... 16

Article IV Payment for the Services .................................................................................................... 17

Article V Confidentiality and Ownership of Documents .......................................................... 17

Article VI Assignment and Sub-Contracting ................................................................................... 17

Article VII Liability of the Consultant .................................................................................................. 18

Article VIII Force Majeure.......................................................................................................................... 18

Article IX Termination of Contract ..................................................................................................... 19

Article X Dispute Settlement ................................................................................................................ 19

Article XI Modification or Amendment ............................................................................................. 20

Article XII Effective Date ........................................................................................................................... 20

Article XIII Channel of Communications and Notices .................................................................... 21

Article XIV Governing Law ........................................................................................................................ 22

ANNEX I Terms of Reference

ANNEX II Contract Amount and Method of Payment

THIS SERVICE CONTRACT entered into this [date], between the [insert public entity name]

[hereinafter called the "Public Entity"] and [insert Consultants name] (hereinafter called the

“Consultant”).

WITNESS THAT:

WHEREAS the Public Entity has determined the need to procure the services described,

implied or referred to in this Contract, subject to the terms and conditions hereinafter set

forth;

WHEREAS the Consultant represents and affirms that he/she possesses the requisite

experience, qualifications, capability and skill to perform the said services;

NOW THEREFORE the parties hereto have agreed as follows:

ARTICLE I

SCOPE OF SERVICES

1.1 The services to be performed by the Consultant under this Contract (hereinafter called

the Services) are those described in the Terms of Reference attached hereto as Annex I

to the present Contract. The Terms of Reference shall form an integral part of this

Contract.

ARTICLE II

COMMENCEMENT OF SERVICES AND DURATION OF CONTRACT

2.1 The Consultant shall commence the Services on [date] upon signature of the present

Contract, and shall carry out the Services in a manner most suited to the requirements

of the Contract and in accordance with the schedules and time limits established under

the Terms of Reference (annex I) or indicated by the Public Entity.

2.2 The Services shall be for [insert no of days/months/years], beginning on the date of

commencement of the Services, and ending not later than [insert completion date].

ARTICLE III

DUTIES OF THE CONSULTANT

3.1 The Consultant shall perform the services with all due care, diligence and efficiency, in

accordance with the highest standards of professional competence, organization and

responsibility, and in a manner acceptable to the Public Entity

3.2 The Consultant shall:

(a) regularly report to, and obtain direction and guidance from the Public Entity on

all matters arising from or relating to the present Contract;

(b) promptly comply with such instructions as may be issued from time to time by

the Public Entity in connection with the performance of the services.

3.3 The Consultant shall perform the services to the satisfaction of the Public Entity in

accordance with the Terms of Reference and at such intervals as the Public Entity may

require.

3.4 The Consultant shall keep and maintain accurate and complete accounts in respect of

expenditure incurred under the present Contract in such form and detail as shall be

satisfactory to the Public Entity for the purposes of making payment or settlement

under the Contract, where applicable.

3.5 The Consultant shall meet the cost of any insurance and/or medical examination or

treatment required by him/her in the course of performing the services.

3.6 The Consultant shall seek and obtain any visas or residence permits that he/she may

require to carry out the services and perform his/her obligations under the present

Contract. The Public Entity shall, as necessary, assist the Consultant in obtaining such

visas and/or permits.

ARTICLE IV

PAYMENT FOR THE SERVICES

4.1 The Public Entity shall pay to the Consultant, in respect of the services, the various

amounts specified in Annex II to this Contract (hereinafter referred to as the "Contract

Amount").

4.2 The Contract Amounts shall be paid to the Consultant in accordance with the

modalities specified in Annex II to the present Contract, which forms an integral part

hereof.

ARTICLE V

CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS

5.1 All documents, statistics, reports, data and other information provided, created,

obtained or made available to the Consultant in connection with or by virtue of the

present Contract, shall be treated as confidential by the Consultant, and the Consultant

shall not be entitled to use or make copies of them for any purpose that is not related

to the present Contract.

5.2 The documents, statistics, reports and data under the preceding paragraph shall, upon

the completion of Services or termination of this Contract, be promptly returned to the

Public Entity.

5.3 Any study, report or other material, graphic, software or otherwise, prepared by the

Consultant for Public Entity under the Contract shall belong to and remain the

property of the Public Entity. The Consultant may retain a copy of such documents

and software.

ARTICLE VI

ASSIGNMENT AND SUB-CONTRACTING

6.1 Except with the prior written consent of the Public Entity, the Consultant shall not:

(a) in whole or in part, assign, transfer or otherwise dispose of, his/her rights or

obligations under the present Contract;

(b) sub-contract, or otherwise transfer responsibility for, the whole or any part of

the Services.

ARTICLE VII

LIABILITY OF THE CONSULTANT

7.1.1 The Consultant shall abide by, and take all measures necessary to enable him/her

comply with all laws and regulations in force in any place where the Services are to be

wholly or partially performed.

7.2 The Consultant shall be fully liable for the consequences of any error or omission on

his/her part or for any damage caused by negligence on his/her part in carrying out

the Services or performing his/her obligations under the present Contract.

ARTICLE VIII

FORCE MAJEURE

8.1 Neither party to the present Contract shall be responsible for any delay or failure to

perform the obligations under the Contract if the delay or failure is attributable to force

majeure.

8.2 In the event of force majeure which delays performance of the whole or any part of the

present Contract for more than sixty (60) days, either party shall have the right, by

notice in writing to the other party, to terminate the Contract.

8.3 For purposes of this Article, an event of force majeure shall mean an unforeseen and

unavoidable event beyond the reasonable control and contemplation of the party

invoking the existence of such event, and which impacts directly on the discharge of the

obligation under the Contract.

ARTICLE IX

TERMINATION OF CONTRACT

9.1 The Public Entity may, upon giving not less than [insert no. of days] days’ notice in

writing to the Consultant, terminate the present Contract for cause if the Consultant has

failed to perform the Services or to comply with his/her other obligations under the

Contract.

9.2 The Public Entity may, at its option, terminate this Contract when it is in the interest of

or for the convenience of the Public Entity to do so, provided that the Consultant shall

in that event be given a notice of not less than [insert no. of days] days of such

termination.

9.3 The Consultant may terminate the present Contract if the Public Entity has, within a

period of forty five (45) days after the due date, failed to pay any amount due to

him/her in respect of which no dispute has arisen.

9.4 The parties hereto may by mutual agreement terminate this Contract.

9.5 If the present Contract is terminated under this Article, the Public Entity shall be liable

only for payment, in accordance with the payment provisions of the Contract, for the

Services actually rendered prior to the effective date of termination, together with such

other amounts incidental to the termination as may be reasonable in the circumstances.

ARTICLE X

DISPUTE SETTLEMENT

10.1 Any dispute arising out of or in connection with the present Contract shall, unless it is

amicably settled, be decided upon by the Accounting Officer of the Public Entity who

shall transmit his decision in writing to both parties.

10.2 Any dispute between the Parties as to matters arising pursuant to this Contract which

cannot be settled amicably within sixty (60) days after receipt by one Party of the other

Party’s request for such amicable settlement may be submitted by either Party for

arbitration under the applicable law.

ARTICLE XI

MODIFICATION OR AMENDMENT

11.1 Except by mutual agreement in writing between the parties, no change, modification or

amendment shall be made to the present Contract.

11.2 Notwithstanding the preceding paragraph, the Public Entity may at any time order or

require changes in the scope of the Services. If such changes add to or reduce the cost

of the Services, the Contract Amount shall be adjusted accordingly.

ARTICLE XII

EFFECTIVE DATE

12.1 The present Contract shall enter into force on the date of its signature by both parties.

12.2 Unless terminated under Article VIII or IX above, the present Contract shall expire upon

completion of the Services and the discharge of all obligations arising out of or under

the Contract.

ARTICLE XIII

CHANNEL OF COMMUNICATIONS AND NOTICE

13.1 For the purposes of the present Contract, the authorized representative of the Public

Entity shall be the Accounting Officer of the Public Entity.

13.2 Any communication, notification, submission, notice, demand or request under the

present Contract shall be deemed to have been duly transmitted if it shall have been

delivered by hand, mail, or facsimile by either party to the other at the appropriate

address indicated below, or at such other address as that other party may have

indicated:

FOR THE PUBLIC ENTITY

Postal Address : _________________________

Physical Address : _________________________

Facsimile : _________________________

FOR THE CONSULTANT

Postal Address : _________________________

Physical Address : _________________________

Facsimile : _________________________

ARTICLE XIV

(i) Governing Law

14.1 This Contract shall be governed by, and construed in all respects in accordance with,

the Laws of the Republic of Namibia.

IN WITNESS WHEREOF the parties hereto have caused the present Contract to be

signed in their respective names in two original counterparts in English on the date

first above written.

Date: ____________________ Date: __________________

FOR THE PUBLIC ENTITY FOR THE CONSULTANT

__________________________ _______________________

Chief Executive Officer

Annex 1 - Terms of Reference

Annex 2 - Contract Amount and method of payment