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Consultant, Sanitation Service Delivery, West & Central Africa

Consultant, Sanitation Service Delivery, West & Central Africa

Job ID 
2017-1285
# of Openings 
1
Posted Date 
5/5/2017
Category 
Country Program Operations
Position Location: City 
Abidjan
Region 
West & Central Africa
Position Location: Country 
Cote d'Ivoire

More information about this job

Overview

 

Title: Consultant, Sanitation Service Delivery

Request For Proposal

For Assistance In The Creation Of High Performance Sales Program: 5/5/2017

 

 

DISCLAIMER

This document is being published in order to enable applicants to make an offer for assisting the Sanitation Service Delivery Project, managed by PSI, to develop a high-performance sales program for sanitation products and services in Benin and Côte d’Ivoire.

 

This Request for Proposal (RFP) is not an agreement and is neither an offer. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP.

 

PSI may in its absolute discretion, but without being under any obligation to do so, update, amend, modify or supplement the information, assessment or assumption contained in this RFP.

 

GLOSSARY

MFI                             Microfinance Institution

RFP                             Request for Proposal

PSI                              Population Services International

VTO                             Vacuum Truck Operators

NGO                            Non-Governmental Organization

 

REQUEST FOR PROPOSAL (RFP)

for

Assistance in the Creation of a High-Performance Sales Program

ISSUE DATE:  

May 8, 2017

LAST DATE TO SUBMIT QUESTIONS:

May 19, 2017

CLOSING DATE: 

May 30, 2017

1.      Background

1.1 Population Services International

PSI is a leading global health organization with programs targeting HIV, reproductive health, TB, malaria, child survival, and water and sanitation (WASH). Working in partnership within the public and private sectors, and harnessing the power of the markets, PSI provides life-saving products, clinical services and behavior change communications that empower the world's most vulnerable populations to lead healthier lives.

 

PSI's core values are a belief in markets and market mechanisms to contribute to sustained improvements in the lives of the poor; results and a strong focus on measurement; speed and efficiency with a predisposition to action and an aversion to bureaucracy; decentralization and empowering our staff at the local level; and a long term commitment to the people we serve. PSI has programs in 67 countries.  For more information, please visit www.psi.org.

 

1.2 Sanitation Service Delivery Project

Sanitation Service Delivery (SSD) is a $15.8 million USAID/West Africa regional urban sanitation project that is implemented by PSI in collaboration with PATH and Water and Sanitation for the Urban Poor (WSUP).

 

The goal of the project is to influence the region’s sanitation sector to create a more effective, efficient and inclusive sanitation markets for the urban poor in Benin, Côte d’Ivoire and Ghana. The Project works toward achieving this goal through developing and testing scalable business models that directly fulfil the following objectives:

 

  • Facilitate increased access to improved sanitation;
  • Facilitate increased safe containment, transport, and disposal of fecal waste;
  • Facilitate regional learning and knowledge sharing to inform market-based approaches sanitation programs throughout West Africa.

 

The expected long-term impact of SSD’s interventions is to help improve the overall health of the target population by contributing towards the eradication of unsanitary practices.

 

 

1.3 Problem Statement

Both countries covered by this RFP - Benin and Côte d’Ivoire – remain on the low end of sanitation coverage for improved sanitation at 13% and 14% respectively. Each country lacks affordable options for safe transport and disposal of fecal sludge. Consumers perceive existing services to be expensive, undependable and of low-quality. Also, fully functional treatment plants do not exist both in Côte d’Ivoire and Benin.

 

The rapidly growing urban populations of each country will continue to put further pressure on already strained sanitation infrastructure. Rapid urbanization, in-migration, and growth among the urban poor are the most significant constraints that impede urban and peri-urban sanitation service delivery in West Africa.

2.      Approach

2.1 Project Ideology

To address the above-mentioned objectives SSD adopts a Private Sector Approach, which provides a holistic view of sanitation markets. This approach puts the customer at the center of strategy and action, with donor funding used as a catalytic investment to developing a thriving and sustainable market place, rather than an ongoing payer of subsidized services that are costly and stymie the market instead of growing it.

 

The private sector-driven, market-based approach does not mean the public sector is devoid of a role. On the contrary, market-based approaches gain momentum when accompanied by strong public enforcement efforts (e.g., updated by-laws, transparent procedures, certified training programs developed by local institutions and increased number of agreements between private and public sectors to facilitate financing).

 

Realizing that private sector growth benefits from a favorable environment, SSD uses the Total Market Approach (TMA), which involves developing close working relationships with governments and support institutions, such as MFI’s and training organizations. TMA examines the sustainability of programs, and scrutinizes whether programs are as effective and efficient in removing barriers to growth and helping catalyze business opportunities.

 

TMA is a system in which all sectors – commercial, public, and socially marketed – work together to ensure that those in need are reached with the appropriate products and services.

2.2 Business Models

The SSD project seeks to develop viable Business Models, which meet consumer needs, while remaining both affordable and commercially viable. Nevertheless, to address key market failures and to create a more efficient and inclusive sanitation market system for the urban poor, SSD is currently prototyping and implementing Business Models to distribute the following products:

 

  • Prefabricated septic tanks in Côte d’Ivoire, and
  • Improved pit latrines in Benin.

 

Prefabricated septic tank: This model can be easily adapted to compound housing arrangements, where most low-income families in the urban areas of West Africa live. Multiple households can be provided with toilets that each connect into a shared septic tank. The technology adopted by SSD for this business model is ferro-cement, which consists of mortar applied over a layer of metal mesh that produces a strong yet light structure.

 

Improved Pit Latrine: The SSD Team works with local masons on structures that will provide the most appropriate options for urban poor consumers.  The basic model consists of a double offset pit latrine with a brick superstructure and a squat pan.  There are product variants with a metal or bamboo super structure and a sit-down toilet.  

 

2.3 Strategy for Scale-up

To go to scale in creation of a sanitation market, SSD has adopted a multi-faceted approach which involves working with local communities, as well as with government officials, private sector entities, and NGOs.

 

More specifically, the strategy involves the following activities:

 

  • Identifying and training entrepreneurs for skills critical to successfully scaling selected business models.
  • Supporting market-based sanitation enterprises along the sanitation supply chain.
  • Creating and expanding strategic partnerships with the public sector to facilitate a more enabling environment.
  • Creating a high-performance Sales Program, that is capacitated to train aspiring sales agents.

3.      Scope of Work for the Consultant

The mission of the selected consultant will be to help SSD teams in Benin and Côte d’Ivoire create a high-performance sales program to support the private sector sale of sanitation products and solutions in the two countries.

 

The specific project activities should be organized around the following six deliverables (per country):

 

  • Develop a Collaborative Sales Strategy with the purpose of: customizing the sales process and strategy, stimulating collaborative work, and defining clear roles and responsibilities for both sales and management.
  • Develop French language Sales and Management Guidelines/Manuals to support sales agents, entrepreneurs, and management in the field to conduct a problem-led selling approach and drive sales results. The documents should also help them fully understand the challenges and shortcomings.
  • Design a French language Sales Training Package to ensure sales agents and managers are equipped with tools, data, and processes that help them drive results in selling, do strategic planning, and report their work.
  • Develop a Recruiting Strategy aimed at creating a recruiting pipeline to identify and hire the most promising sales agents.
  • Conduct Initial and Refresher Training for sales teams and managers.
  • Provide field support to sales teams immediately following training – to reinforce training and ensure that sales strategy is thoroughly understood and adopted. The importance of post training follow-up cannot be overemphasized.  It is recommended that the sales consultant place a field advisor in project countries for an extended period of up to 3 months, to provide on-going coaching to the sales managers and agents.

 

Note that the French language is predominant in both Benin and Cote d’Ivoire.  All written materials must be provided in French and trainings conducted in French.

4.      Application Process

4.1 Proposal Content         

The proposal should completely describe how you would assist SSD in the creation of a high-performance Sales Program. The proposal should be in English, and contain both a Technical Proposal and a Cost Proposal. Proposals need to be sealed and must be placed in two separate inner envelopes, which must be placed into one outer or mailing envelope. The inner envelopes must be clearly labeled to distinguish which contains the “Technical Proposal” and which contains the “Cost Proposal”. Both the Technical and Cost Proposals must include a signed cover page, utilizing the templates provided in Annex A and B.

 

The Technical Proposal should consist of two parts, Part I-Organizational Overview, and Part II-Technical Details.

 

Part I should provide an overview of:

 

  • Consultant’s general approach to the sales process and how they generally assist clients with the creation of their sales strategy.
  • Evidence of Consultant’s capability to work in francophone West Africa. If the Consultant is an organization, this should include details about organization’s history, infrastructure, field office locations, your organizational team, including composition and profiles of team members.
  • Evidence of the Consultant’s understanding of the sanitation sector and the specific challenges inherent in marketing sanitation products and services to low-income consumers.
  • Consultant’s ability and commitment to meet the proposed time schedule.

 

Part II should provide a detailed description of how you would fulfill each of the deliverables identified in the Scope of Work.

 

The Cost Proposal must provide the total estimated fee PSI would pay for your work, in USD, with a detailed cost breakdown of the total fee. This should be inclusive of expenses such as travel, any other assumed costs, and relevant taxes.

4.2 Submission of Proposal          

Both organizations and individuals are encouraged to apply.  Proposals must be submitted by hand delivery or courier, and must be received by 5 pm Eastern Daylight Time (EDT) May 30, 2017.  For delivery via e-mail, send application to penglot@psi.org. No faxes will be accepted.

 

Proposals may be addressed to:

 

Polly Englot

Population Services International

1120 19th Street, NW, Ste 600

Washington, DC 20036

Tel 1-202-785-0072

 

Proposals received after the date and time required will not be considered, unless no other proposals are received.

 

Proposals may not be altered, corrected, or withdrawn after the Last Proposal Receipt Date, except that PSI, at its sole discretion, may permit correction of arithmetic errors, transposition errors, or other clerical or minor mistakes, in cases in which PSI deems that both the mistake and the intended proposal can be established conclusively on the face of the proposal.  Other than the mistakes listed in the previous sentence, no mistakes alleged by a Prospective Contractor after the Last Proposal Receipt Date will be permitted to be corrected.

4.3 Evaluation

Proposals will be evaluated in two stages by a PSI Evaluation Committee. In evaluating proposals, PSI will apply Quality and Cost-Based Selection standards, using a two-stage value selection procedure.  Stage 1 will produce a Technical Score and Stage 2 will produce a Cost Score.  PSI will weigh the Technical Scores at 70%, and the Cost Scores at 30%, and will determine the Total Score by combining the weighted scores for the Technical and Cost Proposals. The firm with the highest Total Score shall be awarded the contract.

 

Stage I - Technical Scoring

Bidders must achieve a score of at least 50/70 move on to Stage 2.  The following scoring table will be used:

 

Item

Score

General approach

X/5

Experience developing sales strategies

X/10

Experience in the sanitation sector

X/10

Experience with recruiting and training sales agents

X/10

Strength of your organizational team, including composition and profiles of team members.

X/20

Evidence of organizational capability to work in Francophone West Africa (staff, field offices, prior work, French language capabilities).

X/10

Ability and commitment to meet the proposed time schedule

X/5

Total Technical Score     

X/70

 

If after evaluation a bidder is found to have not passed Stage 1, they will be informed by email and their Cost Proposal will be returned to them unopened.

 

Stage 2 - Cost Scoring

In Stage 2, the Cost Proposals of bidders who have passed Stage 1 will be opened and scored according to the following equation:

 

Cost Score = 30-[(cost under consideration-lowest total cost/lowest total cost)*30]. The lowest bidder would automatically receive a score of 30. The following table will be used:

 

Name of Bidder

Total Cost ($)

Cost Score

 

 

 

 

 

 

 

Total Scores

To show the Total Scores, the table below will be used. The Total Score will be determined by finding the sum of the weighted technical and cost scores. The bidder with the highest Total Score will be found as offering the best value for PSI’s money, and thus be awarded the RFP.

5.      Additional Clauses

5.1 Amendments

If at any time prior to award PSI deems there to be a need for a significant modification to the terms and conditions of this RFP, PSI will issue such a modification as a written RFP amendment to all competing Prospective Contractors. No oral statement of any person shall in any manner be deemed to modify or otherwise affect any RFP term or condition, and no Prospective Contractor shall rely on any such statement.

5.2 Negotiation

PSI reserves the right, in its sole discretion, to conduct post tender and/or iterative negotiations to the extent permitted or required by the applicable Donor rules. PSI also reserves the right, in its sole discretion, to request additional information from prospective contractors to supplement or clarify any aspect of the proposal documents and to make non-fundamental revisions.

5.3 Proposal Validity Period Extension

When necessary and appropriate under the circumstances, PSI may request Prospective Contractors, in writing, to extend the validity period of their proposals. A Prospective Contractor may refuse to extend, however, its proposal will be disqualified. Subject to the Negotiation terms stated above, a Prospective Contractor agreeing to extend will not generally be permitted or required to modify its proposal in any manner other than to extend it.

5.4 Responsibility

A successful Prospective Contractor may be required, in order to be awarded a Contract pursuant to this RFP, to demonstrate to the satisfaction of PSI that it is a responsible firm with regard to the specific transaction described in this RFP.  In order to be determined responsible, a Prospective Contractor must:

 

  • have adequate personnel, financial resources, equipment, and material to perform the Contract, or the ability to obtain them;
  • be able to comply with the required or proposed delivery schedule; and
  • have a satisfactory record of performance, business ethics and integrity.

 

PSI reserves the right to request additional information relevant to responsibility at any time prior to award.

5.5 Rejection or Award

PSI is not bound to accept the lowest cost proposal or any proposal and reserves the right to accept any proposal in whole or in part and to reject any or all proposals.  Circumstances in which rejection of all proposals may occur include, without limitation, the following:

 

  • Prospective Contractor is ineligible to tender under this RFP on any grounds laid down by our donor’s procurement laws, regulations and policies;
  • The proposal is not accompanied by the required supporting documents as specified in the RFP; or
  • The proposal is not responsive to all terms, conditions and specifications in the RFP.


A decision by Purchaser regarding whether or not to reject any proposal that is or may be non-responsive shall not be subject to question by any Prospective Contractor whose proposal is not itself fully responsive.

 

PSI will send a Notice of Award to the winning Prospective Contractor(s). PSI shall not be legally bound by any award notice issued for this RFP until a contract is duly signed and executed with the winning Prospective Contractor(s).

6.      Contract

The terms and conditions of any award and contract resulting from this RFP will be based on the contract template included as Annex C, unless the Awardee provides a contract of their own which may be negotiated. Prospective Contractors are strongly recommended to read and familiarize themselves with the terms and conditions provided.

 

  • Proposed time schedule is that by December 2017, the organization should have provided deliverables outlined above.
  • Agency credentials – infrastructure, past experience, organizational development skills and experience.

 

The cost proposal must provide the detailed costs and breakups under different headings. The cost proposal should clearly state all budget assumptions and it should be inclusive of the travel costs, level of effort, communication fees, and taxes.

 

Any questions must be directed in writing by electronic mail to Polly Englot at penglot@psi.org by 5 p.m. EDT on May 19, 2017.

 

1.Can one team up with other organizations to submit a bid?

 

Yes but we will only contract with one organization.  The other organization would have to sub contract the partner organization, and to assume responsibility for their work.

 

2.What is the period of execution and the length of the assignment?

 

As written in the RFP, “Proposed time schedule is that by December 2017, the organization should have provided deliverables outlined above.”

 

3.How many participants should be trained?

 

There will be approximately 15 people trained in Cote d’Ivoire and 15 in Benin, including sales people/promotors and managers.

 

4.Do you have any indication on how long a training should be? or is the consultant free to fill this in?

 

The consultant is free to fill this in.

 

5.What is the level of experience and expertise of the sales agents? Entry point (education background, work experience, etc)?

 

The general profile is that they have post-secondary education, often in commerce or sales, but not necessarily a sales background.  We look for candidates who have a good natural sense of sales and train them to be sales people.

 

6.Can you give more insight regarding sales agents, management and entrepreneurs?

 

The sales agents will conduct door-to-door selling of sanitation products in urban slum neighborhoods in Abidjan, Cote d’Ivoire and in Abomey Calavie, Cotonou or Porto Novo, in Benin.  Their role will be to promote the purchase of toilets, septic tanks, or pit latrines, depending on the locality.  The primary target group will be owners of compound houses, in which several families live together, each renting a small apartment or room.  The owners of individual houses will also be reached.  The sales promotion team will meet with landlords and promote improved sanitation, ideally the installation of one toilet per household.  The sales teams will be managed by experienced sales managers.  Actual building of the toilets will be done by private sector entrepreneurs, such as masons and plumbers.  The PSI-sponsored sales teams are technically promotors, and the actual sales will be made by the private sector entrepreneurs (plumbers, masons, etc).

 

7.What is your definition of 'high-performing'?

 

Able to handle a relatively complex sales process, involving a high value product, which can cost several hundred dollars, sold to lower income households.  The promoters need to have a thorough understanding of the sales process to be able to identify client need and match that with the offer.

 

8.Can you give more information on the present sales strategy? and its performance?

 

The strategy is to reach out to households in targeted, usually low-income, neighborhoods and to promote sanitation improvements, such as the installation of septic tanks, pit latrines, or toilets.  Performance is measured by increased product sales and by intermediate indicators, such as number of households visited, and number of quotes requested.

 

9.Do you expect to have two teams who work simultaneously or one time that works in one country and moves to other countries?

 

PSI has sales promotion teams in each country (Cote d’Ivoire and Benin). The two country programs have the same overall project objectives and similar strategies and sales procedures.  The consultant may choose to train both country team simultaneously, by using 2 teams of trainers, or conduct training sequentially.

 

10.What kind of support can we expect from your organisations in the various countries?

 

The country programs will provide support as needed to ensure the success of the program.  This could include securing and paying for venues for the training sessions, sharing program information, facilitating calls with staff from the two countries, etc.  Note that the consultant will be responsible for covering the costs of their employees, including salary and travel.  PSI will cover costs of the training, including venue, food for participants and any travel costs of the trainees.

 

11.Is the programme only meant for the capital city or the whole country or specific cities/areas?

 

The program only works in the cities of Abidjan in Cote d’Ivoire and Abomey Calavie, Porto Novo and Cotonou in Benin.  It is an urban santiation project (not rural).

 

12.For who are we developing the recruitment system? For the producers of the sanitation services and solutions? or for the project team?

 

For the project team.  Financial support for the sales efforts will come directly from the project.  This could be in the form of salaries, stipends, bonuses, etc.

 

13.Do you have already a payment structure in place for the sales agents? Or is this part of the SOW under this consultancy?

 

We are in the beginning stages of setting up the program and would welcome suggestions on compensation from the consultant.

 

 

 

ANNEX A

 

 

                                             TECHNICAL PROPOSAL COVER PAGE

 

 

DATE OF PROPOSAL:                           [insert date]       , 2017                               

 

PROSPECTIVE CONTRACTOR’S FULL LEGAL NAME:                                                                

 

PROSPECTIVE CONTRACTOR’S ADDRESS:                                                                                            

 

                                                                                                                                                                 

                                                                       

  Contact Person:                                                   

 

  Fax No.:                                                                   

 

  Phone No.:                                                             

 

  E-mail Address:                                                    

 

 

I, the natural person signing below, being fully authorized to bind the Company, hereby certify that all information provided in the submitted Technical Proposal or otherwise pursuant to the subject RFP is true, accurate, current and complete. I further certify that the Company has read and understood the detailed Scope of Work.

 

 

 

SIGNATURE: ___________________________________ DATE: ______________                                                                                

 

NAME AND TITLE (PRINT): ____________________________________________

 

 

ANNEX B

 

 

                                                   COST PROPOSAL COVER PAGE

 

DATE OF PROPOSAL:                           [insert date]       , 2017                               

 

PROSPECTIVE CONTRACTOR’S FULL LEGAL NAME:                                                                

 

PROSPECTIVE CONTRACTOR’S ADDRESS:                                                                                            

 

                                                                                                                                                                          

                                                                        

  Contact Person:                                                    

 

  Fax No.:                                                                   

 

  Phone No.:                                                             

 

  E-mail Address:                                                    

                                                                             

 

I, the natural person signing below, being fully authorized to bind the Company, hereby certify that all information provided in the submitted Cost Proposal or otherwise pursuant to the subject RFP is true, accurate, current and complete. I hereby hold this proposal as valid through:

 

                                                                           (insert proposal validity date )                            

 

 

 

 

 

SIGNATURE: ___________________________________ DATE: ______________                                                                                

 

NAME AND TITLE (PRINT): _______________________________________


ANNEX C

 

 

CONSULTING SERVICES AGREEMENT

BETWEEN

POPULATION SERVICES INTERNATIONAL

AND

[Name of Firm]

 

This Consulting Agreement ("Agreement") is entered into as of [DATE] (the “Effective Date”), by and between Population Services International, 1120 Nineteenth Street, NW, Suite 600, Washington, DC  20036 ("PSI"), and [Name of firm] (“[short name of firm or acronym]” or "Consultant"), [ADDRESS]  (together, the "Parties").

 

                                                                    PREAMBLE

 

  1. PSI wishes to engage Consultant, and Consultant agrees to be engaged by PSI, to perform the services identified in Section 1 of this Agreement ("Scope of Work").

 

  1. The Parties have determined that Consultant will perform those services as an independent contractor, and not as an employee, in that the services to be provided require Consultant to exercise its independent judgment as to the time, place, manner and method of performance to accomplish the objectives desired by PSI.

 

The Parties hereby agree as follows:

 

 

Consultant will perform the services detailed in the Scope of Work attached as Annex 1 to this Agreement (the “Services”).  Consultant will make qualified employees available to perform the Services as and when requested, and for reasonable periods of time.  [Could name specific employees here who will provide services, if appropriate, and require prior approval of PSI for any proposed changes in such employees.]  In performance of the Services, Consultant shall at all times comply with all applicable PSI policies and procedures.  The Consultant shall also, at its own expense, comply with all laws, rules and regulations applicable to its performance of the Services hereunder.

 

  1. Term of Agreement.

 

The term of the Agreement will commence on the Effective Date and will expire on XXXXXX unless extended by agreement of the Parties in accordance with Section 21 herein or terminated in accordance with Section 16 herein (the “Term”).  PSI will not be obligated to pay Consultant for any work performed or expenses incurred outside the Term.

 

 

[Option 1: For Services performed during the Term, Consultant will be paid in accordance with the rates set forth in Annex 2 hereto [Annex 2 should list Consultant’s employees and their daily or hourly rates (and overhead or indirect rates, as appropriate)].]; or

 

[Option 2:  For Services performed during the Term, Consultant will be paid a fixed fee of US$XXXX (the “Fixed Fee”).  The budget for the Services is included in Annex 2 hereto.]

 

Consultant’s fees will be paid monthly based on invoices submitted [for days worked or work completed].  The total compensation paid to Consultant under this Agreement will be up to and under no circumstances shall exceed US$XXXXX.

 

  1. Tax Reporting.

 

PSI will not deduct or withhold any taxes from amounts paid to Consultant under this Agreement. Consultant will be solely liable without reimbursement from PSI for payment of any taxes or contributions as required by applicable laws, rules and regulations of the United States or any state or locality thereof, or any other jurisdiction(s) which may assert the right to collect taxes from Consultant. PSI will report all payments made to Consultant to the Internal Revenue Service (IRS) and on Consultant’s IRS Form 1099.  If Consultant is not an entity organized under the laws of the United States, the reporting of all payments to the proper government authorities will also be the sole responsibility of the Consultant.

 

  1. Expenses.

 

PSI will reimburse Consultant for reasonable, necessary and properly documented expenses incurred by Consultant’s employees in connection with the performance of the Services, in accordance with the established policies of PSI and, where applicable, the policies of the relevant donor agency.

 

In addition to the consulting fee, and where applicable, Consultant’s employees will be entitled to per diem rates in USD commensurate with the prevailing published per diem rates of the U.S. Department of State, to cover meals, incidental expenses and lodging, not to exceed US$XX.  Allowable and documented other direct expenses will be covered in accordance with the policies of PSI and where applicable, policies of the donor agency.  Other direct expenses to be covered are limited to work-related travel and travel-related expenses including taxis.

 

Any allowable other direct expenses exceeding $25 must be supported with original receipts and be a part of the Consultant’s invoices. All travel logistics are to be arranged by Consultant.

 

  1. Payment.

 

[a]  Invoices.  Payment to Consultant will be based on invoices submitted to [Assignment Manager], [Title].  All invoices must be accompanied by a detailed Status Report, containing an itemized description of work performed and tasks completed.  The Status Report and invoice templates to be used are attached hereto as Annex 3. Invoices without a completed status report will not be accepted by PSI. All expense claims over $25 must be supported with original receipts attached to the invoice. [All financial reports should reference Purchase Order No. __________.]  Copies of financial reports and invoices should be sent to PSI, Accounts Payable, 1120 Nineteenth Street, NW, Suite 600, Washington, DC 20036.

 

[b]  Manner.  Payment under this Agreement will be made by [check/wire transfer] to Consultant.

 

[c]  Schedule.  Payment will be made within 30 days of receipt and acceptance by PSI of required invoices and deliverables.

 

  1. Independent Contractor.

 

[a] Consultant acknowledges that it is an independent contractor who is responsible for providing all basic equipment and materials necessary for the completion of the tasks assigned, that it is not an agent of PSI, and it has no authority, express or implied, to assume or create any obligations on behalf of PSI or to receive any training from PSI. 

[b] Consultant understands and acknowledges that performance of the Services may expose its employees to a variety of risks and dangers including, without limitation, disease or infection, acts of terrorism, hostage taking, other physical violence or threats to safety, theft, armed conflict, or civil unrest. These risks could result in injury, illness, temporary or permanent disability, property or financial loss, psychological trauma, or death. Consultant agrees that it will take full responsibility for its employees who are performing Services under this Agreement and that its employees have agreed to undertake any assignment under this Agreement voluntarily, and with full knowledge of its risks and dangers.  Consultant further agrees that it will:

 

[i] take full personal responsibility for its employees’ safety, security and health;

 

[ii] freely assume all risk of harm to or loss of health, life or property for its employees;

 

[iii] release and forever discharge PSI (including its directors, officers, employees, agents and insurers) from any and all costs, claims, losses, damages, or liability of any nature arising in connection with any injury, illness, physical or mental trauma, property or financial loss, disability or death Consultant’s employees may suffer as a result of performance of the Services for PSI; and

 

[iv] secure from each of its employees performing Services under the Agreement a written release and discharge forever of PSI (including its directors, officers, employees, agents and insurers) from any and all costs, claims, losses, damages, or liability of any nature arising in connection with any injury, illness, physical or mental trauma, property or financial loss, disability or death Consultant’s employees may suffer as a result of performance of the Services for PSI.

 

  1. Travel, Medical and Evacuation Insurance

 

Consultant’s employees, prior to mobilization, must be in possession of travel,  medical and evacuation insurance which is valid through the Term of this consultancy and be sufficient to provide for emergency air transport from the country(ies) of assignment to his/her country of domicile.

 

In addition and prior to mobilization Consultant shall certify in writing that each of its employees performing Services under the Agreement is in possession of such insurance and shall provide emergency contact details. (See form of certification at Annex 5)

 

  1. Non-Solicitation.

 

During the Term, and for a period of one (1) year thereafter, Consultant will not directly or indirectly solicit or induce, or attempt to solicit or induce, any PSI employee or consultant to leave his/her employment or consultancy with PSI for any reason whatsoever.

 

  1. Work Product.

 

Consultant acknowledges that any work conceived, designed or produced in the course of performing or providing the Services (including, without limitation, services, deliverables, copyrightable works, technical or other data, and intangible property of all kind) is the sole and exclusive property of PSI (“Work Product”).  Consultant waives any rights, including intellectual property rights, in all Work Product, and will not distribute or make any other use of Work Product outside PSI without PSI’s express written authorization.  Consultant hereby assigns to PSI all right, title and interest in any Work Product, and/or any other work conceived, designed or produced by Consultant’s employees performing Services under this Agreement, alone or with others, in the course of, or as a result of, this consultancy with PSI, and agrees to execute and deliver to PSI any additional documents that may be necessary to effectuate such assignment.

 

  1. Return of Property.

 

At the end of the Term, or at any time upon PSI’s request, Consultant will return to PSI (i) all keys, passwords, and any other access devices in the possession or control of Consultant’s employees that may be used for any PSI office, warehouse, safe, or equipment; (ii) all documents or copies of documents, or material of any nature, whether stored electronically, in hard copy, or by any other means, in the possession or control of Consultant’s employees, that belong to PSI, contain or are derived from PSI’s confidential or proprietary information (as specified in Section 11), or relate in any way to PSI, any of PSI’s activities or operations, or any of its employees; and (iii) all other PSI property including, without limitation, physical and financial assets, bank accounts, credit, debit or charge cards and funds.

 

  1. Confidentiality.

 

Consultant acknowledges that any information obtained by its employees in performing this Agreement regarding PSI’s operations, products, services, policies, systems, programs, procedures, employees , strategies, research, budgets, proposals, finances, plans, donor or business relationships, or any other aspect of its business that is not generally known to the public, is confidential and proprietary.  During and after the Term, Consultant and its officers, directors, employees and any other agents will hold such information secret and will not: (i) use such information for any purpose other than performance of this Agreement; or (ii) disclose such information, directly or indirectly, to anyone outside PSI, without in each instance the prior written consent of PSI. 

 

  1. Representations.

 

Consultant represents and warrants that (i) all information provided  by Consultant to PSI regarding the qualifications of its employees and of Consultant as an entity is true and correct in all material respects; (ii) the Services will be performed in a professional and workmanlike manner; (iii) Consultant is not restricted in any way, by agreement or otherwise, from entering into this Agreement and performing the Services, and there are no actual or potential conflicts of interest in Consultant’s engagement by PSI; (iv) the work produced under this Agreement will constitute the original work of Consultant’s employees, and will not infringe any copyright, trade secret, contract or other intellectual property, proprietary or personal rights of any person, and will be free of any liens, encumbrances or other claims; and (v) Consultant is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this consultancy by any Federal department or agency.

 

  1. Legal Compliance.

 

In addition to all other laws applicable to Consultant and/or the Services,

[a]  Consultant agrees that its officers, directors, employees or any other agents will not pay, offer or promise to pay, or authorize anyone else to pay or offer to pay money or anything of value to a foreign official, political party or party official, or any candidate for foreign political office, directly or indirectly, including through agents or intermediaries, with the intent to induce the recipient to misuse his/her official position to obtain or retain business for PSI or to direct business to any other person; and

 

[b]  Consultant understands and acknowledges that U.S. Executive Orders and laws prohibit transactions with, and the provision of material support or resources to, individuals and organizations associated with terrorism.  It is the legal responsibility of Consultant to ensure compliance with these Executive Orders and laws.

 

  1. Liability.

 

Consultant will not be liable to PSI, or to anyone who may claim any right due to any relationship with PSI, for any acts or omissions by Consultant’s employees in the performance of the Services, except where such acts or omissions are due to the negligence or the willful or intentional misconduct of Consultant’s employees.  PSI will hold Consultant harmless for any obligations, costs, claims, judgments, attorneys' fees and expenses arising from the services performed by Consultant’s employees under this Agreement, except when the same are due to the negligence or the willful or intentional misconduct of Consultant’s employees.

 

  1. Termination.

 

[a]  This Agreement may be terminated by either Party at any time prior to its scheduled expiration date without cause by thirty (30) days written notice.  In the event of such termination, PSI will pay Consultant for the services performed by Consultant’s employees prior to the effective date of termination.  In addition, PSI will reimburse Consultant for its employees’ travel time, if any, to their points of origin, and any days for final report preparation, all as specified in the notice of termination.

 

[b]  This Agreement may be terminated by PSI at any time prior to its scheduled expiration date by written notice to Consultant in the event that Consultant materially fails to comply with any covenant contained in this Agreement.  In the event of such termination, PSI will determine the extent to which Consultant’s employees have satisfactorily delivered Services prior to the effective date of termination and will determine the extent to which fees, if any, are payable to Consultant for the services performed.

 

 

 

 

  1. Force Majeure.

 

In the event of force majeure - that is, an event not in existence on the Effective Date that is beyond the control and without the fault of either of the Parties, such as an act of God, natural or man-made disaster, strike, epidemic, lock-out, foreign or civil war, quarantine restriction or any other similar event, PSI shall be entitled to terminate the Agreement or any part thereof if the performance of the Services is prevented or significantly impaired by any such force majeure.  In the event of such termination, Consultant shall be entitled to payment for Services completed and expenses incurred prior to termination, in accordance with this Agreement.

 

  1. Disputes.

 

[a]  Any dispute arising out of this Agreement shall be resolved by arbitration before a single arbitrator in the city of Washington, D.C., in accordance with the rules of the American Arbitration Association.  Judgment upon the award rendered by the arbitrator will be final and binding upon the Parties, and may be entered in any court of competent jurisdiction.

 

[b]  If a judicial proceeding is brought by either Party to resolve a dispute that is subject to arbitration hereunder, or to challenge an arbitral award rendered hereunder, the defendant in that proceeding, if it prevails, will be awarded its costs and reasonable attorneys’ fees.  If a Party fails to comply with an arbitral award rendered hereunder, and the other Party seeks enforcement of the award in court, the plaintiff in that proceeding, if it prevails, will be awarded its costs and reasonable attorneys’ fees.

 

  1. Notices.

 

Except as otherwise specifically provided herein, any notice, request, document, or other communication submitted by either Party to the other under this Agreement will be in writing , by e-mail  or fax, and will be deemed duly given or sent when delivered to such Party at the following address: 

 

To PSI:  Population Services International, Inc., 1120 Nineteenth Street, N.W., Suite 600, Washington, D.C.  20036 (Attention: XXXXX), Telephone:  202/785-0072, Telefax: 202/785-0120, and email:  XXXXXX@psi.org

 

To Consultant:  [Contact Name], [Full Mailing Address], Telephone: [XXX-XXX-XXXX] , Telefax: [XXX-XXX-XXXX], and email: [Consultant@email.com]. 

 

Other addresses may be substituted for the above upon the giving of written notice to the other Party in accordance with this provision.

  1. Assignment.

 

Neither this Agreement nor any of the duties and obligations under this Agreement may be assigned or subcontracted by Consultant without the prior written consent of PSI.

  1. Amendment.

 

This Agreement may be amended only by a written instrument signed by the duly authorized representatives of both Parties.

 

  1. Partial Invalidity.

 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.

 

  1. Governing Law.

 

This Agreement will in all respects be governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflicts of laws provisions.

 

  1. Survival.

 

The following provisions shall survive the termination or expiration of this Agreement:  Sections 9, 11-13, 15, 18, 19, and 23.

 

  1. Entire Agreement.

 

This Agreement, including all Annexes, constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all other agreements and understandings between the Parties, whether oral, written or electronic.

 

IN WITNESS WHEREOF Population Services International and Consultant have each caused this Agreement to be executed on their behalf, as of the Effective Date.

 

POPULATION SERVICES                               [CONSULTANT]

INTERNATIONAL

 

____________________________                              ______________________________

Signature                                                        Signature

 

____________________________                              ______________________________

Printed Name/Title                                       Printed Name /Title

 

____________________________                              ______________________________

Date                                                                Date

 

 

ANNEX 1

Scope of Work

 

PSI seeks a consultant, passionate and experienced in sales, to help SSD teams in Benin and Côte d’Ivoire create high- performance sales programs to support the private sector sale of sanitation products and solutions in the two countries.

 

The specific project activities should be organized around the following six deliverables:

 

  • Develop a Collaborative Sales Strategy with the purpose of: customizing the sales process and strategy, stimulating collaborative work, and defining clear roles and responsibilities for both sales and management.
  • Develop French language Sales and Management Guidelines/Manuals to support sales agents, entrepreneurs, and management in the field to conduct a problem-led selling approach and drive sales results. The documents should also help them fully understand the challenges and shortcomings.
  • Design a French language Sales Training Package to ensure sales agents and managers are equipped with tools, data, and processes that help them drive results in selling, do strategic planning, and report their work.
  • Develop a Recruiting Strategy aimed at creating a recruiting pipeline to identify and hire the most promising sales agents.
  • Conduct Initial and Refresher Training for sales teams and managers.
  • Provide field support to sales teams immediately following training – to reinforce training and ensure that sales strategy is thoroughly understood and adopted. The importance of post training follow-up cannot be overemphasized. It is recommended that the sales consultant place a field advisor in project countries for an extended period of up to 3 months, to provide on-going coaching to the sales managers and agents.

 

Note that the French language is predominant in both Benin and Cote d’Ivoire.  All written materials must be provided in French and trainings conducted in French.

 

ANNEX 2

Compensation Rates

 

[List Consultant’s employees (or category of employees) and their daily or hourly rates]

[List any other costs for Services, e.g., fringe, overhead, indirect, etc. – to be negotiated]

 

Or

 

[For fixed fee, list payment schedule (tranches) tied to submission of deliverables]


ANNEX 3

Status Report

 

Company:

P.O. Number:

Invoice date:

Submitted by:

Hours/Days remaining under Agreement:

 

 

Hours/Days:

Activities performed during the invoice period[1]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reviewed and approved by:

 

                                                                                                          
Signature                                                  Date

                                                                                                           
Type or print name

                                                                                                           
Title

 

  • All activities performed must correspond with the original Scope of Work agreed upon in the fully executed consultant agreement/task order. If the consultant agreement/task order is not dependent upon hours/days, simply list activities.

ANNEX 4

Consultant Invoice

 

 

[COMPANY NAME]

[BILLING ADDRESS]

 

 

POPULATION SERVICES INTERNATIONAL

1120 19th Street, NW

Suite 600

Washington, DC 20036

 

Attn:      Accounts Payable

Ref:        Invoice #:

Purchase Order #:

 

Period:               [Month/Year]

 

 

Services and Expenses

Labor Rate

($/hour or day)

Hours/

Days

Current Period Cost ($)

Cumulative Billed1

($)

Cumulative Billed1

(hour/day)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL AMOUNT DUE:                                              $______________________ 

 

 

Please call me at [enter phone number] if you have any questions.

 

Sincerely,

 

 

[Insert Company’s name & signature]

 

 

[1] Total billed from start date

 

ANNEX 5

 

Form of Certification Regarding Travel Medical and Evacuation Insurance

 

 

 

POPULATION SERVICES INTERNATIONAL

1120 19th Street, NW

Suite 600

Washington, DC 20036

 

Attn:     

 

 

Dear Sirs,

 

Emergency Medical and Evacuation Insurance

 

We hereby confirm that each of our employees performing services under the Agreement are in possession of travel medical and evacuation insurance, which is valid through the Term of the consultancy with PSI and sufficient to provide for emergency air transport from the country(ies) to which they are assigned to their country of domicile, in accordance with the terms of Clause 8 of the Consultant Agreement dated………….

 

Insurance Provider …………………………

Plan Name/Type ……………………………

Policy # …………………………………….

Insurers international tel # ………………....

 

We understand that our confirmation of such insurance does not waive any of the provisions of Clause 7[b] of the aforementioned Consultant Agreement.

 

In case of emergency please contact:

[name]

[address]

[phone number]

[altermate phone number]

[e-mail address]

Speaks:  __English          __French             __Spanish            __Other (list):__________________

 

Sincerely,

 

 

[Consultant’s Firms Name and Authorized signature]

 

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