Bid Document – Facilitation Service of Team Building Exercise for 140 staff Member for BIPA

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PROCUREMENT MANAGEMENT UNIT

Request for Proposal

for

the Provision of

Facilitation Service of Team Building

Exercise for 140 staff Member for BIPA

(Date: 25 November 2022)

Procurement No: SC/RP/BIPA-03/2022

Due Date for Submission: 14 October 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: Facilitate a One-day Team Building Exercise for 140 staff Members for BIPA

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

required under Human Capital Management for the Business and Intellectual Property

Authority (BIPA) which could form the basis for future negotiations and ultimately, a

contract between you and the BIPA.

2. The purpose of this assignment is to:

(a) Facilitate a One Day Team Building Exercise for 140 Staff Member for BIPA (25

November 2022)

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

kathimak@bipa.na. Request for clarifications should be received 4 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, 14 October 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

Part Evaluation Process Pass Rate

Part: A Compliance with the requirements required in terms of section

50(1) of the Public Procurement Act, 2015. Any bid found non-

compliant to this section will be excluded from the competition and 100%

will not be evaluated further.

Part: B Technical Evaluation will be out of a possible score of 70 50 marks

Part: C Financial Evaluation will be out of a possible score of 30 20 Marks

Part: D Total Evaluation will be out of a possible score of 100 70 Marks

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 expected that the 1-day team building retreat workshop will be carried out on 25

November 2022

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 in October 2022 you will

be expected to take up/commence with the assignment in November 2022.

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,

Kathima Kaali

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

BIPA Team Building consultant terms of reference

1. Background

The Business and Intellectual Property Authority (BIPA) requires the services of a qualified

consultant facilitate a one-day team building exercise focusing on team bonding, fun,

motivational activities and and building communication capacity for BIPA personnel across

projects/programmes.

2. Objective of the assignment

I. Integration (a sense of belonging to a community) for the old and new team members.

II. Increasing pro-social remote skills amongst the participants.

III. A spirit of motivation and excellence, going the extra mile, being productive, effective

and efficient.

IV. To encourage participants to be innovative, proactive and begin to foster thoughts

about making successful transition to accommodate the “order of business”.

V. High productivity from all participants for the success of the institution.

The following are also seen as possible attributes to be achieved:

I. Motivation (For the participants to enjoy their work and extend themselves beyond

what they have ever envisioned themselves).

II. Responsibility & Accountability (For the participants’ own work, for their career and

their achievements).

III. Individualism (To be able to be an initiator).

IV. Innovation (To be innovative in their work, come up with better solutions to enhance

the productivity at BIPA).

V. Unity (To be able to stand up for one another in the workplace and know that they

belong to the same school, with the same goals and values, teamwork).

VI. Openness (Participants will be open to engage in meetings because barriers would

have been broken

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.

3. Scope of services

To facilitate and moderate a team building process that will improve both horizontal and

vertical communication within BIPA. The team building program should be creatively

organized to include sessions aimed at helping the staff to identify the interrelationship

between corporate and individual work plans that ensures the optimal delivery of the

program outputs, better communication and enhanced team work.

4. Participants

All staff member of BIPA (140 staff) will attend the team building workshop.

5. Expected outputs

5.1 Preparatory/planning of the team building retreat workshop

i. A customized training and team building plan clearly articulating the objectives of

each of the team building exercises;

ii. Interactive and flexible facilitation tools and material aids prepared prior to the

workshop.

5.2 Facilitation of the team building retreat workshop

i. Interactive and team building sessions aimed at identifying deliberate

harmonization of the Centre’s activities through effective communication of its

diverse teams.

6. Expected outcomes

I. A cohesive team that understands individual roles and their links to the overall Centre’s

objectives;

II. Improved communication between supervisors and their staff, both horizontally and

vertically; Identifying the team’s strengths and capacity needs of members and

providing appropriate recommendations; and

III. Meeting the expectations of all staff for the team building exercise.

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.

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

years for similar organisations.

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.

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

needed to carry out the assignment.

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 (3) years for similar organisations with their

reference contacts. ; At least 3 years of relevant professional experience.

(b) Degree or equivalent in Social Sciences, Development, Communications, and/or

relevant field (copy of degree certificate must be attached) ; relevant Professional

Certification in the above-mentioned qualification, or related certifications;

Formula: Total Score _________ x 100

Total allocated marks (70)

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

FINANCIAL DIMENSIONS

1. Feasibility of cost estimate

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

the assignment

2. Clear fee structure provided

(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 3 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 Facilitation Service of Team

Building Exercise for 140 staff members for BIPA

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 3

YEARS

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

Sl.N Name of Name Owner or Cost of Date of Date of Was

o assignmen of Sponsorin Projec Commencemen Completio assignment

t Projec g agency t t n satisfactoril

t y

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