Consultancy to support business development and capacity building in Oxfam in Laos

Introduction

Oxfam in Laos (OiL) is seeking an experienced Consultant to support the Country Office in a variety of fundraising and capacity building related tasks. The Consultant will support strategy development and the design and writing of funding proposals in a variety of thematic areas in which Oxfam works. The Consultant will also support the team across various training needs.

The Invitation to Quote (IQ) is structured as follows

1. Terms of reference, the delivery delay, penalties, legal disputes, payment conditions

2. Submission procedure: how, when and where to submit, clarifications and contact;

3. Decision procedure: Exclusion, evaluation of quotes and award.

The quote must arrive at latest on 10th of March 2021 at 5 pm Laos time and stay valid until 24th of March 2021 at 5 pm Laos time.

Supporting documents on:https://oxfam.box.com/s/3okwzgc7cy0f1pf6fstaps0itoosxgol

Your quote could form the basis for a contract between your company and OS. However, this invitation to quote does not oblige OS to proceed with the actual act of purchasing. No compensation can be claimed in case of non-acceptance of a quote or non-award of a contract.

1. Terms of reference

Title: Consultancy to support business development and capacity building in Oxfam in Laos

Location: Remote work / home based

Duration: 25 March 2021 – 25 March 2022

1.1. Background

Oxfam is an international confederation of more than 20 organizations working together with partners and local communities in more than 90 countries. Oxfam has a long and rich presence in Lao PDR, working on numerous initiatives covering a large number of themes and areas. These have included among others: support to CSO capacity building, community development, social protection, gender justice, support to small farmers and organic agriculture, private sector engagement, disaster risk management, and natural resource management. This has entailed working at different levels, from the community to the national level. Currently, Oxfam in Laos has approximately 30 partners including Ministries, the National Assembly, Mass organizations, INGOs, NPA/CSOs, Universities/Research Institutes, UN agencies, and the private sector. Visit https://laos.oxfam.org/ for more information.

1.2. Objectives of the assignment

OiL is seeking an experienced Consultant to support the Country Office in a variety of fundraising and capacity building related tasks. The Consultant will support strategy development and the design and writing of funding proposals in a variety of thematic areas in which OiL works (citizen participation and civil society development; gender justice, and sustainable development and responsible investment). The Consultant will also support the team across various training needs.

The Consultant should have a deep understanding and knowledge of the context and operating environment in Laos as well as OiL’s current portfolio of programing. The Consultant should also be experienced in developing proposals for a variety of institutional donors including the EU, DFAT, MFAT, and SDC.

1.3. Expected Outputs

· Development of project ideas and strategies with OiL program teams based on Oxfam strategies, team objectives and donor interest (e.g. inequality, just economies, gender justice, accountable governance, civic space, climate justice, youth, private sector engagement)

• Development of high quality concept notes on key strategic areas for submission to institutional donors
• Preparation of full proposals for published calls by institutional or internal donors
• Coaching and mentoring to OiL colleagues on a variety of topics including:
• How to plan and prepare for writing a donor report
• Writing for difference audiences (report writing, story gathering)
• Presentation and editing in reports
• How to develop simple surveys to measure impact
• Program management support

1.4. Timeline, Key Activities, and Deliverables

The timeline for the assignment will be up to 60 working days from 25 March 2021 – 25 March 2022 carried out on an intermittent basis, with an average of 5 days per month.

Key Activities include:

• Support design workshops with OiL staff and partners to develop ideas for new concept notes
• Support OiL in analysis of institutional donor strategies and key areas of interest
• Lead on writing concept notes and pitch documents for institutional donors
• Lead on writing proposals for institutional donors and internal Oxfam funding opportunities
• Strategy development
• Conduct remote training for OiL staff on various topics identified in consultation with OiL
• Provide capacity support, mentoring and/or coaching to individual program teams or colleagues as needed

Specific deliverables will be determined in agreement between the Oxfam Partnerships and Quality Manager, the Country Manager, and the Consultant based, on the specific needs that arise during the assignment period. The deliverable schedule for specific outputs will be based on reasonable timeframes, taking into account sharing of notification of funding opportunities as they arise, and expectation of an average of 5 days of availability by the Consultant per month.

1.5. Qualifications

• At least 10 years of combined experience in business development and capacity building and training support to local or international NGOs
• Thematic knowledge in the areas of citizen participation and civil society development, good governance, social protection, gender justice, sustainable development, natural resource management, and responsible investment and private sector engagement in developing country contexts
• Familiarity with and experience writing proposals for a variety of institutional donors including the EU, DFAT, SDC
• At least 5 years of work experience in Laos or the region and deep understanding and knowledge of the context and operating environment in Laos
• Strong understanding of the donor landscape in Laos
• Strong skills in proposal writing in facilitating participatory design workshops with local partners
• Strong interpersonal and analytical skills.
• Master’s degree in development studies, international affairs, or related field.
• Fluency in English

1.6. Travel expenses, accommodation and other workshop costs

No travel will be required for this assignment. All work is expected to be done remotely.

1.7. Oxfam General Purchase Conditions (see annex 1)

Oxfam General Purchase conditions apply to all Oxfam purchases. If there is an inconsistency between any of the provisions of these Conditions and a particular provision in the contract then the provision in the contract will prevail.

1.8. Responsibility, Social Security And Medical Coverage

In no instance can Oxfam be held liable for material or moral damage (including bodily) that can be caused by third parties to the service provider in the activities to be carried out by her and subject of this contract. Also, the service provider will sign up for all insurance policies necessary for the conduct of activities that can be undertaken by service providers as part of the execution of this contract.

Oxfam is released from any responsibility for social and medical insurance of service providers. Service providers will make it their responsibility to ensure all the steps necessary to guarantee their social security and medical coverage.

1.9. Security Measures

Oxfam will send the security measures to the service provider, who undertakes to follow them at all times. Non-compliance removes any liability of Oxfam regarding the safety of the person or persons concerned and will immediately lead to the termination of this contract.

1.10. Confidentiality And Use Of Information

The service provider undertakes to refuse any advertising, commercial or outside profits for his own account. He undertakes not to make any statement to the media in connection with the mission/support without the agreement of Oxfam, or use at any time the information, funds and equipment at their disposal of either Oxfam or of the partner or local institutions for purposes other than those outlined in the contract.

1.11. Ethical and Professional Conduct

The service providers cannot be in one of the following situations:

• be bankrupt or being wound up, be insolvent, having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, bee the subject of proceedings concerning those matters, or be in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

• have been convicted of an offence concerning their professional conduct by a judgment that has the force of res judicata;

• have been guilty of practices of collusion;

• have been the subject of a judgment that has the force of res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity.

• have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country where the contract is to be executed;

• do not respect basics social rights and working conditions, and the labour legislation of the country in which they are established or in the country where the contract is to be performed;

• employ child labour;

• have been guilty, in the framework of another purchase process, of grave professional misconduct proven by any means that Oxfam can justify;

• be subject to a conflict of interests;

• be guilty of misrepresentation in supplying the information required by Oxfam;

• make gifts to personnel of Oxfam and/or the partner organisation.

• make threats to the personnel of Oxfam and/or the partner organization

• be involved in the production of tobacco

• be involved in the production and sale of arms

• be involved in acts of piracy or terrorism

The service providers

• will ensure that their conduct is consistent with the human rights framework to which Oxfam subscribes.

• will contribute to preventing all forms of criminal or unethical activities.

• will comply with local security management guidelines of Oxfam and will act on appropriate risk assessments of Oxfam.

• will behave in such a way as to avoid any unnecessary risk to the safety, health and welfare of themselves and others, including partner organizations and beneficiaries.

• will use their discretion when handling sensitive or confidential information during the execution of their contract with Oxfam.

• will seek authorization where necessary before communicating externally in Oxfam’s name and will be cautious to avoid any unintended detrimental repercussions for Oxfam.

• will make every effort to protect the environment (nature) and work sustainably.

• will be sensitive and respectful of local customs and cultures

• will contribute to a work environment characterized by mutual respect, integrity, dignity and non-discrimination.

• will not work under the influence of alcohol and will not use or be in possession of illegal substances in Oxfam’s premises, vehicles or accommodation.

• will not engage in relationships or behaviour based on exploitation, abuse or corruption.

• respect the rights of others, including the rights of children, and will not engage in the abuse or sexual exploitation of children, or any other person of any age.

• will never trade money, job offers, jobs, goods or services for sexual acts or any other humiliating, degrading or exploitative behaviour.

The service provider must sign a statement accordingly. Oxfam reserves the right to enquire.

Non-respect of one or more ethical and professional clauses may result in

• Dissolving the contract

• Excluding the service provider from future IQ’s from Oxfam

• Informing the donor

1.12. Penalties

Oxfam expects to receive the deliverables as per schedule under 1.6. If the service provider fails to submit the deliverables on time, the service provider has to pay a penalty fee for every week delay (2% per week of total contract up to two weeks, then increases to 3% for the next two weeks). Beyond a delay of one month, this will be considered as a unilateral termination of the contract by the service provider.

Would the delay be independent of the service provider due to force majeure and provide proof by neutral instances, the service provider will inform Oxfam ahead of time. If Oxfam accepts the case of force majeure, the contract may be terminated or a mutual agreed revised schedule can be defined, which will replace the one under 1.6. **

1.13. Modification of contract

Any modification of the contract requires the prior written agreement of both parties.

1.14. Cancellation Of Contract

The contract may be terminated by either party in case of force majeure as defined in article 1.17. Termination for force majeure must be announced by the party asserting it, in writing with a motivation and written proof provided by neutral instances. The other party shall notify its acceptance or refusal in writing, with a motivation.

In case of unilateral termination of the contract by the service provider without any motive able to be considered as one of force majeure, no incurred costs will be refunded, and eventual advance payments will have to be repaid to Oxfam.

The contract may be terminated by Oxfam in case of non-compliance by the service provider with the security measures (1.11), the clause on confidentiality and use of information (article 1.12) or the ethical and professional conduct (article 1.13). The contract will be automatically terminated upon the sending by Oxfam of a registered letter, stating the termination as well as the causes thereof. No incurred costs fees will be refunded eventual advance payments will have to be repaid to Oxfam.

1.15. Force Majeure

Force majeure means any situation or event which is unforeseeable and exceptional, independent of the will of the parties and not due to the fault or negligence of any of them (or any of its subcontractors, agents or employees) which prevents either party to perform any of its contractual obligations and which could not be overcome despite all due diligence (e.g. evacuation).

A case of force majeure must always be notified immediately when it occurs, in writing, providing motive and proof by neutral instances.

In case of force majeure resulting in a disruption in the field, the actual costs incurred and already spent by the service provider will be reimbursed on the basis of supporting documentation (transport, hotel). The fees will be paid in proportion to the number of days of actual execution of the contract. The eventual continuation of the mission will be the object of an addendum to this contract (1.14)..

1.16. Legal Disputes

The Parties agree to attempt initially to solve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations. If the Parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by alternative dispute resolution, starting with mediation and including, if necessary, a final and binding arbitration.

In the event of the mediation not being successful, the arbitration proceedings will be conducted according to the Lao Law and following the local court jurisdiction of Sikkothabong district, Vientiane Capital.

1.17. Payment Conditions

50% of total amount upon signing of the contract

50% of the total amount upon successful completion of the assignment and receipt of invoices

Oxfam can only pay on an account number belonging to the legal entity (enterprise or moral person) with which the contract has been signed and only on an account number in the country where this entity is establisheSubmission procedure

2. Award procedure

Oxfam will appoint a selection committee of at least three (3) persons, which will

• check whether the bidders meet the exclusion criteria

• assess each quote which has passed the exclusion stage.

2.1. Exclusion

• Any quotes that arrive after the deadline date can be excluded;

• Any quote that exceeds the budget may be excluded

• Any quote that is not in Euros will be excluded.

• Any quote without signed declaration of compliance with the ethical and professional code of conduct will be excluded

2.2. Award

Oxfam awards the contract to the bidder offering the best value for money. Oxfam is not under any obligation to choose the quote with the lowest price.

2.3. No obligation to award

Please note that Oxfam is not bound to select any of the proposals submitted.

2.4. Communication of award and signing of contract

The unsuccessful bidder will receive a no award notification, which will contain the reasons for the non-selection. The successful bidder will receive a notification of award. This notification shall be accompanied by the contract.

If the successful bidder makes changes to the contract without the prior consent of Oxfam, Oxfam will not countersign and the contract may then be awarded to the candidate in second place or Oxfam can decide not to proceed to a purchase..

The contract will enter into force after signature by the supplier and Oxfam, copy received by e-mail being proof.