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TENDER DOSSIERStrategic Partnership Final Evaluation
Publication reference:
TD 19/ 001 / DHG-NL
Issued by: OxfamAuthor: Caroline van Koot - HodgesPublication Date: 14/08/2019
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TABLE OF CONTENTINSTRUCTIONS TO TENDERERS.......................................................................................3
1 PURPOSE OF THE TENDER DOSSIER..................................................................................32 INVITATION TO TENDER TIMETABLE......................................................................................33 INSTRUCTIONS TO TENDERERS.............................................................................................3
3.1 Supplier Application...............................................................................................................43.2 Tender Proposal.....................................................................................................................53.2.1 Currency..................................................................................................................................53.2.2 Tender validity........................................................................................................................53.2.3 Tender Presentation..............................................................................................................53.2.4 Compliance.............................................................................................................................63.2.5 Technical Offer.......................................................................................................................63.2.6 Price proposal.........................................................................................................................6
4 CONDITIONS OF TENDERING...................................................................................................64.1 Questions / Request for clarification....................................................................................64.2 Clarification meeting / site visit.............................................................................................64.3 Alteration or withdrawal of tenders.......................................................................................74.4 Costs of preparing tenders....................................................................................................74.5 Late Proposal..........................................................................................................................74.6 Eligibility...................................................................................................................................74.7 Compliance.............................................................................................................................74.8 Right to reject all tenders.......................................................................................................74.9 Power to accept part of a tender..........................................................................................74.10 Specification............................................................................................................................74.11 Confidentiality.........................................................................................................................74.12 Tender Process......................................................................................................................74.13 Notification award and contract signature...........................................................................84.14 Ownership of tenders.............................................................................................................94.15 Type of contract......................................................................................................................94.16 Cancellation of the tender procedure..................................................................................9
APPENDIXES........................................................................................................................10APPENDIX A: TECHNICAL SPECIFICATIONS....................................................................11APPENDIX B: TENDERER´S DECLARATION.....................................................................12APPENDIX C: ETHICAL AND ENVIRONMENTAL POLICY................................................13APPENDIX D: SUPPLIER QUESTIONNAIRE.......................................................................15APPENDIX E: PRICE PROPOSAL.........................................................................................18APPENDIX F: CONTRACT TEMPLATE................................................................................19
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INSTRUCTIONS TO TENDERERS
1 PURPOSE OF THE TENDER DOSSIER
The purpose of this Tender is to obtain competitive offers for conducting the final evaluation of Oxfam Novib and SOMO’s Strategic Partnership with the Netherlands Ministry of Foreign Affairs.A detailed description of the assignment and services required by Oxfam is contained in the technical specifications (see APPENDIX A – Technical specifications).
2 INVITATION TO TENDER TIMETABLE
DATE TIME(City)
Deadline for request for any clarifications from Oxfam 9 September 2019
23:00 Amsterdam
Last date on which clarifications are issued by Oxfam 13 September 2019
18:00 Amsterdam
Deadline for submission of tenders (receiving date, not sending date) 22 September 2019
23:00 Amsterdam
Notification of award to the successful tenderer 30 September 2019
18:00 Amsterdam
3 INSTRUCTIONS TO TENDERERSIn submitting a tender, the tenderer accepts in full and without restriction the special and general conditions governing this contract as the sole basis of this tendering procedure, whatever their own conditions of sale may be .
Tenderers are expected to examine carefully and comply with all instructions, forms, provisions and specifications contained in this tender dossier.
Failure to submit a tender containing all the required information and documentation within the deadline specified will lead to the rejection of the tender.
The participation procedure will be carried out in two successive stages; both are to be submitted together1. Suppliers application analysis2. Tender proposal analysis from qualifying applicants.
The documentation must be submitted electronically at: [email protected] person: Karen de Bye, Procurement OfficerNote: Any bidder who also includes other Oxfam email addresses in the Tender submission will be disqualified.
The subject of the mail must be: as stipulated in paragraphs 3.1 and 3.2.
Language: All documents shall be submitted in English.
The supplier application and tender proposal shall be submitted together before the deadline for reception of applications on the 22 September 2019 at 23:00 – Amsterdam time to:
sp-evaluation-tender @oxfamnovib.nl Contact person: Karen de Bye, Procurement Officer
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It is the responsibility of the Tenderer to ensure that their offer is complete and meets Oxfam´s requirements. Failure to satisfy all aspects of the tender dossier may lead to the offer being rejected without further reason being given. It is therefore essential to ensure that you read this document carefully and answer in full all questions asked.
3.1 Supplier Application
The application must be submitted electronically at: sp-evaluation-tender @oxfamnovib.nl
“Supplier Application “Supplier name” response to Oxfam tender: TD 19/ 001 / DHG-NL
Which contains; APPENDIX B - Tenderer’s Declaration APPENDIX D- International Supplier Questionnaire
All of which must be initialled and signed by an authorised person, with powers to represent the company.
Selection criteria for administrative compliance:This part concerns the information given in the supplier questionnaire, each tenderer can also include any other document he wishes, to assist us in judging their suitability according to the below criteria:
Proof of Company Registration
Name(s) and CVs of key personnel to be involved in implementation of the Contract
Detailed activity schedule (timeline) for the proposed works
Three satisfactory references of customers for whom the same type of services were provided; Oxfam reserves the right to contact these references, without notifying the Tenderer.
List of customers in the last 18 months. Ideally organisations of a similar size to Oxfam
3.2 Tender Proposal
Tenderers are invited to submit their best technical and economic tender in English to the exact formats and specifications required by Oxfam. Tenders not respecting these formats and specifications will be rejected.
The tender must be submitted in by email with the subject line:
“Tender proposal “Supplier name” to Oxfam tender: TD 19/ 001 / DHG-NL
With the following files attached :
Tender Technical offer Price proposal
Price proposal must be initialled and signed by an authorised person.
3.2.1 Currency All prices shall be expressed in Euros not including VAT. This is to allow for a fair comparison of prices, following the award of the contract; the working currency will be decided between Oxfam and the contracted party. Where exchange rates have been used to arrive at a Euro figure this should also be provided.
3.2.2 Tender validity Tenders shall remain valid for a period of three calendar months after the deadline for receipt of tenders.
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3.2.3 Tender Presentation Tenderers may submit a tender for all of the goods/services demanded according to their capacity to supply. Tenderers cannot submit offers for some of the services only.
Prices and lead times, presented in the tender, should be firm and valid for the whole duration of the agreement from the date of its signature by both Parties.
The price proposal should be submitted according to the template in APPENDIX E – Price Proposal.
3.2.4 Compliance Your basic offer shall be strictly in accordance with the technical specifications specified in the APPENDIX A -Technical specifications.
Award of the contract is based on the criteria listed at paragraph 4.12 Tender Process
3.2.5 Technical Offer A technical tender offer describing the way in which the tenderer intends to carry out the tasks as described in the contract. Respecting all the obligations imposed by the specifications, bearing in mind the principals and values of Oxfam.
The technical offer should be approximately 6 pages and include:
A technical bid consisting of a detailed description of the services offered including the proposed approach for carrying out the evaluation, including for:
o Verification of the in-depth narratives, including any additional data collectiono Ensuring a systematic and standardized approach for the evaluation across the 3 thematic
areas and crosscutting themeo Linking results at the project level with those at the programme levelo Systematically drawing conclusions and answering the evaluation questions
Description of how the evaluation team will be managed, and the roles and responsibilities of different team members
Language(s) spoken by the team involved in the service
3.2.6 Price proposal
Clear breakdown of costs related to services requested, and A preliminary detailed price list for all the services linked to the technical requirement (e.g. costs
for travel, accommodation, software, etc). This list can be specified in more detail during the inception phase, and budget lines may be reallocated during this time according to the agreed-upon strategy, however the overall budget must remain the same.This list forms an integral part of the contract resulting from this invitation to tender and will serve as a control instrument for our finance team during invoice verification. Any component not found in this list can be neither invoiced nor paid, therefore, it should be comprehensive. By providing this price list, tenderers agree to abide by it and its accompanying conditions in carrying out the contract.
Additional services that the service provider would be willing to provide Oxfam at no cost.
4 CONDITIONS OF TENDERING
4.1 Questions / Request for clarification Any requests for clarification may be submitted by email to [email protected] until the 09/09/2019 at 23:00.
4.2 Clarification meeting / site visit No clarification meeting / site visit planned.
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4.3 Alteration or withdrawal of tenders Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders referred to in Article 2. No tender may be altered after this deadline. Withdrawals must be unconditional and will end all participation in the tender procedure.
4.4 Costs of preparing tenders All costs incurred by the tenderer in preparing and submitting the tender are not reimbursable. All such costs will be borne by the tenderer.
4.5 Late Proposal Tenders must be received before 22/09/2019 at 23:00 Amsterdam time. Tenders received after the closing date will not be considered, unless in Oxfam sole opinion there are exceptional circumstances which have caused the delay.
4.6 Eligibility Participation in tendering is open on equal terms to any natural and legal persons or company.
AWARD CRITERIAScore up to
Knock out (KO) / Max. Point
% of overall
Administrative criteriaQuotation received within deadline n/a KO n/aAt least two relevant reference assignment previously performed by the supplier that are comparable in content, time and money.
KO
Copy of the registration with the Chamber of Commerce KOCV(’s) of the proposed consultant(s), proving relevant experience and/or diplomas
KO
Within budget KOTechnical criteriaProposal Quality
a) Realistic time planning, given the assignment
4 34 34%
b) Convincing approach for operationalization of the proposed evaluation strategy detailed in Appendix A
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c) Understanding of the assignment, including complexities of evaluating influencing and capacity building programmes
9
d) Convincing approach for external verification of contribution claims
8
e) Efficient use of expertise 4CVs a) >8 years of international experience in
evaluating large scale (> 25mln euro) and complex programmes (multiple theme and multiple countries)
5 33 33%
b) Solid experience in evaluation of influencing/lobby/advocacy programs
4
c) Solid experience in evaluation of civil society strengthening programmes
4
d) Extensive experience conducting theory-based evaluations including Contribution Analysis or similar method
6
e) Experience with Oxfam or other large international (I)NGO’s
5
f) Excellent coordination skills 3
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g) Excellent analytical and writing skills 3
h) Very high level of written and spoken English. Other relevant languages (French, Arabic) will be an asset.
3
Prices for servicesPrice proposal of Services in accordance with the request (best value for money)
33 33%
TOTAL MAXIMUM GENERAL SCORING 100 100%
4.7 Compliance Oxfam reserves the right to reject all bids not submitted in the format specified and any bids where any of the required forms are not completed.
4.8 Right to reject all tenders Oxfam is under no obligation to accept any tender.
4.9 Power to accept part of a tender Oxfam reserves the right, unless the tenderer expressly stipulates to the contrary in the tender, to award batches separately or in any combination.
4.10 Specification If the tenderer wishes to propose modifications to the specification (which may provide a better way to achieve Oxfam ´s objectives) these must be considered as an alternative offer. The Tenderer must make alternative offers in a separate letter to accompany the tender. OXFAM is under no obligation to accept alternative offers.
4.11 Confidentiality Tenderers must treat the invitation to tender and all associated documentation supplied by OXFAM as confidential.
4.12 Tender Process Oxfam reserves the right to negotiate, accept or reject any or all proposals and quotations at its sole discretion and to pursue or act further on any responses it considers advantageous.
The contract will be awarded to the administratively and technically compliant tender that is the most economically advantageous, taking into account the quality of the services offered and the price of the tender.
Tenders will be evaluated on the criteria listed below:
In the interests of transparency and equal treatment and without being able to modify their tenders, tenderers may be required, at the sole written request of the evaluation committee, to provide clarifications within 48 hours. These requests can only be for clarification purposes, not for the correction of major details.
Any attempt by a tenderer to influence the evaluation committee in the process of examination, clarification, evaluation and comparison of tenders, to obtain information on how the procedure is progressing or to influence Oxfam in its decision concerning the award of the contract will result in the immediate rejection of his tender.
4.13 Notification award and contract signature
The successful tenderer will be informed in writing that their tender has been chosen (notification of award). Oxfam will agree with the selected tenderer on the final contract version and will send the signed documents in two original copies to the successful tenderer.
The unsuccessful tenderer will be informed by e-mail within the 15 days following the award.
Within 7 working days following the reception, the successful tenderer will sign, date and send back the contract. The selected tenderer will have to communicate the number and exact references of the bank account where the payments will be executed.
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If the successful tenderer fails to sign and send back the contract within 7 working days, Oxfam can consider (after notification) the award as null and void.
4.14 Ownership of tenders Oxfam retains ownership of all tenders received under this tender process. Consequently, tenderers have no right to have their tenders returned to them.
Oxfam guarantees that tender offers shall remain confidential.
4.15 Type of contract The contract that will be concluded between the successful tenderer and Oxfam is done according to Oxfam’s standard contract. A contract draft is included in Appendix F – Contract Template.
By submitting an offer to this Invitation to Tender, the tenderer accepts Oxfam´s contract terms. If any remark or reserve were to be raised by the tenderer, they should be clearly written down in a free format document included in the tender. Such documents should include the tenderer’s proposal to replace the discussed sections of the contract.
If the tenderer submits an offer with no clear feedback on Appendix F – Contract Template, then Oxfam will consider the submitted contract draft has been accepted in full by the tenderer.
4.16 Cancellation of the tender procedure In the event of a tender procedure's cancellation, tenderers will be notified by Oxfam.
Cancellation may occur where:1. The tender procedure has been unsuccessful, namely where no qualitatively or financially worthwhile
tender has been received, or where there has been no response at all.2. The economic or technical parameters of the project have been fundamentally altered.3. Exceptional circumstances or force majeure render normal performance of the project impossible.4. All technically compliant tenders exceed the financial resources available to Oxfam.5. There have been irregularities in the procedure, in particular where these have prevented fair
competition.
Under no circumstances will Oxfam be liable for damages, whatever their nature (in particular damages for loss of profits) or relation with the cancellation of a tender, even if OXFAM has been warned of the possibility of damages.
Tenderers are requested not to contact Oxfam during the tender assessment period, unless through the formal questioning mechanism outlined above or if they are an existing Oxfam supplier, and then only in pursuit of existing Oxfam business.
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APPENDIXES
Appendix A : Technical Specifications
Appendix B: Tenderer´s declaration
Appendix C: Oxfam Ethical and Environmental Policy
Appendix D: Supplier Questionnaire
Appendix E: Price proposal
Appendix F: Oxfam Contract Template
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Appendix A: TECHNICAL SPECIFICATIONS
1. INTRODUCTION Oxfam Novib and SOMO have a Strategic Partnership (SP) with the Dutch Ministry of Foreign Affairs, called ‘Towards a Worldwide Influencing Network’, that aims to achieve that more people, especially marginalized groups, play an active role in building an equitable world where they can realize their basic rights: their right to food; the right to live in a democratic society with a fair distribution of public resources; and the right to live in peace and security.
The Strategic Partnership seeks to contribute to systemic change that represents a redistribution of power and a structural change in the behavior of governments and companies in favor of social and economic justice. The ambition is to create a Worldwide Influencing Network that can do this now and in the future.
As the end of this Strategic Partnership approach, Oxfam Novib and SOMO in close collaboration with the Ministry of Foreign Affairs are undertaking preparations for its final evaluation. An overall evaluation strategy has been developed to guide the design, operationalisation and implementation of the final evaluation. This evaluation strategy is comprised of internal and external evaluation phases. Oxfam Novib is seeking an external evaluation team consisting of a team leader and up to three thematic evaluation specialists to carry out the external phases of the final evaluation.
These Terms of Reference describe the scope of work for the external evaluation team.
It should be noted that the evaluation strategy is currently under review by the Ministry of Foreign Affairs and the SP’s evaluation External Reference Group and therefore some elements of the current terms of reference may be revised before the evaluation commences. The external evaluation team will be informed of any revisions before the inception phase of the evaluation in order to take these into account.
2. BACKGROUND INFORMATIONThe Strategic Partnerships between Dutch NGOs and the Netherlands Ministry of Foreign Affairs manifest the desire of the Ministry that “NGOs should fulfil more of a political role than previously and reinforce civil society dialogue between citizens, government and the private sector”. Oxfam Novib and SOMO’s strategic partnership, entitled “Towards a Worldwide Influencing Network”, falls under the Dialogue and Dissent policy framework (D&D), whose main aim is to contribute to sustainable inclusive development for all and fight poverty and injustice by promoting the political advocacy and lobbying role of southern CSOs (between citizens, on the one hand, and the government, private sector and other civil society actors, on the other hand).
The overall ambition of Oxfam Novib and SOMO’s strategic partnership, is for:
To achieve this ambition, the Strategic Partnership works on two key areas of change: Empowerment of people “We want people to be able to raise their voice, challenge the power of the state and corporate
Influencing governments and companies “[…] so their policies and practices will reduce inequalities, insecurity and injustice (violence,
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sector and have a say in the future direction of their society. We will do this by strengthening a diverse civil society, as a collective space where people organise themselves and further common interests.” Programme document, p4.
corruption, discrimination) and foster the realisation of rights and prosperity of citizens.” Programme document, p4.
As the program document explains, these two key areas of change aim to achieve the following long-term outcome:
“By working on these two areas Oxfam Novib and SOMO want to contribute to systemic change: a redistribution of power and a structural change in the behaviour of governments and companies in favour of social and economic justice.” Programme Document, p.4 The Partnership covers three thematic areas, which each have their Theory of Change and own long-term outcomes: 1. Right to Food (R2F) “Small-scale food producers and agricultural workers, particularly women and their communities, to benefit from local, national and global public and private sector policies that protect and promote their prosperity and resilience.”8 2. Greater Responsibility in Finance for Development (F4D) “More women, youth and other citizens benefit from higher quality and quantity of finance for development, an enhanced fiscal system and a sustainable and inclusive financial and corporate sector, tackling extreme inequality.”9 3. Conflict and Fragility (C&F) “Marginalised groups have a say in policies that affect their lives; governments and international institutions support inclusion of women and promote protection of marginalised groups in security and peace building; and the private sector contributes to peace and development.”10
The three thematic programmes each have a Theory of Change that describes the expected outcomes that will occur as part of that programme in the short, medium and longer term. This constitutes the programme level.11 Each thematic ToC covers a number of subthemes as shown in the below table. These subthemes were revised in 2019 from the original subthemes included in the inception report to bring make the grouping of subthemes more relevant and to bring the subthemes in line with the actual and updated focus of projects.
Table 1. Subthemes covered by each ToC R2F F4D C&F
Subtheme Projects Subtheme Projects Subtheme ProjectsAccess to and governance of systems that support resilient livelihoods of small holder food producers
Burundi Cambodia Indonesia Mozambiqu
e Myanmar (Pakistan: I
lack info on Pakistan)
Uganda Vietnam Global Pan African
Project
Enhanced civic space and civil society strengthening
CSSS global
Egypt Morocco Nigeria Uganda Vietnam OPT Niger Cambodia Pakistan
Security sector reform
South Sudan
Niger ASSN (only
FY3)
Fair value creation and increased transparency in value chains
Cambodia Indonesia Myanmar Mozambiqu
e (conflict resolution)
Measures against tax evasion and avoidance
Even it Up global
Cambodia Morocco Nigeria Niger
Women, peace and security
OPTI Afghanistan Yemen Pakistan
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Nigeria (conflict resolution)
Vietnam Global Regional
South East Asia project
Regional West Africa project
Pakistan Uganda Vietnam OPT WAF PAP Asia
Secure predictable flows of finance for smallholder producers and for climate
Myanmar Nigeria Uganda Vietnam Global
Pro-poor fiscal policy (reducing inequality)
Even it Up global
Cambodia Egypt Morocco Nigeria Niger Pakistan Uganda Vietnam OPT WAF PAP Asia
Private sector in conflict
Myanmar
(New forms of) development aid and innovative finance
CSSS global
Inclusive, sustainable and stable financial sector
TAF global (=FFG NL)
The thematic ToCs are operationalised through a loosely linked portfolio of projects at the global, regional and country level12 and which are to varying degrees inter-connected and have to varying degrees re-enforcing influencing objectives. Each project works on one or more of the subthemes and articulated a Theory of Change that indicates the expected outcomes for that particular project, which contributes to the thematic ToC.
The SP is implemented through 24 country projects, 8 regional projects and 7 global projects (see Annex B for more information) in a total of 17 countries. This is complemented by the influencing efforts of the global network of the Oxfam confederation and alliances that Oxfam and SOMO are part of and that were also supported by the SP programme through its financial support to Oxfam Novib, SOMO and the Oxfam International Secretariat. The SP was implemented in two phases:“2016 – 2018” and “2019 – 2020”, with 2018 allowing reflection and adaptation that in some cases led to revisions of the projects’ ToCs and objectives.
Gender justice, civic space and conflict sensitivity are important crosscutting themes, integrated and operationalized in the projects.
The Strategic Partnership has an extensive monitoring, evaluation, accountability and learning system in place. More information on this can be found in Annex 3.
3. PURPOSE AND SCOPE OF THE FINAL EVALUATION
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3.1 EVALUATION PURPOSE
The evaluation has a dual purpose: accountability and learning.
Accountability – what has changed? The Netherlands Ministry of Foreign Affairs holds Oxfam Novib and SOMO accountable for achieving planned results that are relevant and for the appropriate use of resources along the way. The evaluation will thus reflect on what results have been achieved. These insights are also important for the Policy and Operations Evaluation Department (IOB) of the Ministry of Foreign Affairs, which is mandated to evaluate the overall Dialogue and Dissent Policy Framework of which this Strategic Partnership is an integral part. This policy evaluation conducted by the IOB will enable ministers to account to parliament for policy and allocation of resources. In addition, Oxfam Novib and SOMO are also accountable to our respective constituencies, stakeholders, not in the least the people we work with all over the world including local partners and the participants of campaigns and programmes. This evaluation will also be a means to feed informed reflections by these groups and subsequent decision making directed at future engagement.
Learning - how has change happened: what contributed to these results? The strategic partnership from its very inception has prioritized learning by creating learning loops and its ability to adapt to changing context and environments to be most effective and efficient in influencing. The ‘common approach to MEAL’ was also set up with that objective. Learning steers the content of the overall Common Approach to Monitoring, Evaluation, Accountability and Learning (MEAL) which is the programme’s MEAL strategy. Furthering this approach, the evaluation also prioritizes learning and will therefore not only focus on ‘what’ has been achieved, but also ‘how change has happened’. We want to identify the mechanisms connecting cause and effect (the observed outcomes). Understanding causality helps us to verify our Theory of Change. The insights gained from this will be used to improve future programming and campaigns, and be pro-actively shared with for instance, but not exclusively, global influencing actors, local partners, peers in the Dutch development sector and various departments of the Ministry of Foreign Affairs. 3.2 SCOPE
The scope of the external phases of the evaluation can be broadly defined as a sample of subthemes and projects from the three TOCs (more information can be found in the sampling strategy in section 7) funded and implemented as part of Oxfam Novib and SOMO’s Strategic Partnership in the period of 1 January 2016 – 31 March 2020. Annex B gives an overview of the projects.
4. EVALUATION QUESTIONSThe overall evaluation question, with a clear focus on effectiveness and impact, is: To what extent has the Strategic Partnership resulted in changes in civil society’s influencing capacity and changes in the policies and practices of governments and companies in favour of social and economic justice? How did such changes take place? The key concepts included in this question are defined as follows:
Changes – the observable change in agenda, behaviour, policy or practice in another social actor that contributes to one or more of the project’s objectives to which the project has directly or indirectly contributed. Changes can be positive or negative, expected or unexpected. Civil society’s influencing capacity – includes the capacity of the different elements of civil society, including citizens, civil society organisations, other organisations and institutions that are independent of the government and companies, to get their voice and opinions heard and taken into account by duty bearers Behaviour of governments and companies – refers to the policies and practices of government bodies and private sector actors, taking into account not only their written policies but also the implementation of these policies.
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Social and economic justice – policy and practice changes that promote fairness and justice in the social and economic spheres, taking into account the needs and voices of people, including those living in poverty, ensuring they get a fair share of power and resources.
This question will be adapted for each of three thematic areas in line with their overall objectives, thus: For Right to Food: To what extent has the Strategic Partnership contributed to changes in civil society’s influencing capacity and in the policies and practices of public and private sector actors that protect and promote the prosperity and resilience of small-scale food producers and agricultural workers? How did these changes take place? For Finance for Development: To what extent has the Strategic Partnership contributed to changes in civil society’s influencing capacity and in the policies and practices of governments and companies in favor of higher quality and quantity of finance for development and tackling extreme inequality? How did these changes take place? For Conflict and Fragility: To what extent has the Strategic Partnership contributed to changes in civil society’s influencing capacity and in the policies and practices of governments, companies and international institutions in favor of the inclusion and protection of marginalized groups and women in security and peace building? How did these changes take place? These evaluation questions will be operationalized through the following sub-questions which will also be tailored to the specificities of each TOC, as well as to take into account the recommendations of the SP’s mid-term review, in phase 2 of the evaluation following a sampling of sub-themes per ToC. These evaluation questions aim to interrogate the theories of change, testing key assumptions and gaining insights into the actual pathways of change.
1. What changes in public and private sector policies and practices has our SP contributed to? 2. What changes in civil society’s influencing capacity has our SP contributed to? 3. What is the nature of the changes in policies and practices? (e.g. New policies? Amendments to existing policies? Implementation / enforcement of policies? Were they local, national or global level policies?) 4. What is the nature of the changes in civil society’s influencing capacities? (e.g. which CS actors have been strengthened? In what way?) 5. Do observed changes support increased social and economic justice? 6. To what extent are the changes observed in civil society’s influencing capacity and public and private sector policies and practices expected to be sustainable? 7. What was the contribution of our SP to these changes in relation to other actors and factors? 8. Which factors/strategies were most important to achieve or contribute to the observed changes in policies and practices? 9. Which factors/strategies were necessary and/or sufficient to achieve or contribute to the changes observed in civil society’s influencing capacities? 10. Can the changes in civil society’s influencing capacities be linked to the observed changes in policies and practices? 11. What do the answers to the above questions mean for our Theory of Change?
5. SOURCES OF INFORMATION
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The evaluation will draw on sources of information resulting from the existing MEAL system, which represents carefully selected data collection methodologies that together maximize learning and generate strategic knowledge. It will also incorporate where needed other programme data sources, such as annual reports. The existing sources of information include those on the following list, however the availability of each source depends on the individual projects’ influencing strategies. Additional sources of information may also be present in individual projects.
Project documentation, including project design documents (inceptionreport, project proposal and MEAL plan), baseline information and annual reports. Output and outcome reporting (IATI) for all 39 projects
Outcome harvesting analysis reports for each of the three thematic areas and one global report (conducted early 2018) with reflections on learning on the ToC; plus, the set of outcome statements the programs have been harvesting since the beginning of the programme
Quasi-experimental impact evaluation reports focused on citizens’ attitudes, norms and voice (will be conducted starting summer 2019 and finalised by January 2020)
Stories of Change analysis reports (will be conducted in 2019) Results from the CSO capacity assessment tool and subsequent analyses (some results
already available, additional results to be analysed in 2020) Comparative analyses of impact survey data on citizens’ attitudes, norms and voice from 10
projects (to be conducted in February and March 2020) Report of the Mid-term review, carried out in 2018 by an external consultant Additional analytical review and data collection work conducted in 2019 on civil society
capacity building and alliances Contribution analysis conducted by the internal evaluation taskforce from September 2019 –
March 2020 – this analysis will draw together information from the abovementioned sources of data and will be the entry point for the external evaluation team to verify
The external evaluation team will be provided access to all of the above sources of information. In addition, the external evaluation team will be expected to collect, where deemed necessary, additional information from external sources. This could include primary data collection with allies, targets, and other organisations, institutions or persons who are considered to have an important perspective on the project outcomes under investigation. This could also include a review of any relevant secondary data sources or any other actions deemed necessary by the evaluation team. The additional data collection should, to the extent possible, focus on testing alternative hypotheses and collecting independent evidence from external sources that may contradict information from the programme’s MEAL system and provide an alternative perspective of the contribution of the project to the outcomes.
6. METHODOLOGYThe evaluation will be conducted in four phases. Phases 1 and 2 will be led and for the most part carried out by Oxfam Novib’s internal evaluation taskforce and details are provided here for the information of the external evaluation team. Phases 3 and 4 will be led and carried out by the external evaluation team.
The final evaluation will have the following characteristics: Takes a theory-based approach that places the TOCs central to the evaluation, includes both internal and external phases, as explained subsequently, provides a broad overview of the results of the programme (produced in the internal phase) conducts a more detailed investigation into a sample of the programme following an impact evaluation18 approach to answer the evaluation questions. This thus focuses primarily on the effectiveness and impact of the programme whilst also considering the relevance of the results and their sustainability. This will be conducted as part of the internal and external phases.
1. In phase 1 , a large proportion of the groundwork for the evaluation will be conducted internally. An evaluation taskforce comprised of Oxfam Novib staff (internal evaluation taskforce)
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will take the lead ingathering preliminary information from projects that aims to provide a broad overview of results achieved by the Strategic Partnership, thus fulfilling the accountability purpose of the evaluation. The results will be grouped by subtheme that have been defined by each of the TOCs, and within each subtheme the results will be grouped by outcome area, allowing the large number of results to be presented in a coherent manner. This phase will result in a presentation of results with a short description of each result grouped by subtheme (basic narrative). This phase will aim to contribute to answering evaluation questions 1, 2, 3 and 4, with a focus on describing the what, rather than assessing the contribution of the SP in this phase.
Roles and responsibilitiesInternal evaluation taskforce External evaluation teamProduce basic narratives for all subthemes None
2. In phase 2 , the external evaluation team will take a sample of subthemes, based on the basic narratives produced in phase 1. The internal taskforce will strengthen the accountability purpose of the evaluation as well as contribute to the learning purpose of the evaluation by delving into this sample of subthemes to start the preliminary steps of answering the evaluation questions. In this phase, the sampled basic narratives (one per TOC), which each cover a number of projects (the precise number depends on the subtheme), will be developed further and more rigorously investigated. This phase will aim to build on the work done in phase one and answer all evaluation questions described in section 4. In addition to the three sampled narratives, one additional cross-cutting narrative will be developed that focuses on changes in civil society influencing capacity, and that draws together information from the three sampled narratives. The cross-cutting narrative will aim to answer evaluation questions 2, 4, 6 7, 9, 10 and 11 taking a wider view of civil society influencing capacity across the three ToCs. The evaluation at this stage will go beyond a basic presentation of reported results and will consider questions of the contribution of Oxfam Novib, SOMO and partners to the results and also how the different levels of results contribute to one another, investigating the linkages between higher level and lower level results, drawing strongly on the TOC to inform the analysis. In doing so, the TOC may also be questioned, assumptions tested, and both updated according to the observed results chains.
Roles and responsibilitiesInternal evaluation taskforce External evaluation teamInput to sampling Lead sampling Conduct contribution analysis to produce 4 in-depth narratives (contribution stories)
3. In phase 3 , the internal team will hand over their work to the external evaluation team, in order to ensure the independence and utmost rigour of the evaluation. In this phase, the external team will critically investigate, and review work produced in phase 2. They will seek to assess the validity of the work, the strength of the evidence provided, investigate alternative hypotheses and gather additional data where deemed necessary in order to confirm or provide alternative explanations to those provided by the internal taskforce.
Roles and responsibilitiesInternal evaluation taskforce External evaluation teamProvide input on request to external evaluation team
Verify the contribution claims produced in phase 2 Conduct additional data collection for at least 8 projects included in the sample
4. In phase 4, the external evaluation team will synthesise the evidence and formulate answers to the evaluation questions and overall conclusions based on the internal and external evaluation work, overseeing production of the final evaluation report.
Roles and responsibilities
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Internal evaluation taskforce External evaluation teamProvide input on request to external evaluation team
Synthesise evidence, answer evaluation questions, produce evaluation report
Figure 2. Overall evaluation approach and timeline
Evaluation approach
The evaluation will employ a theory-based approach to investigate a sample of subthemes covered by the programme. Oxfam Novib and SOMO’s Strategic Partnership is a broad, complex, multi-strategy, multi-country and multi-partner programme working on a number of thematic areas. Influencing strategies were implemented by a variety of actors and activities each adapted to the local needs, i.e. context and identity of the partner. Targeted outcomes include policy change which requires that the complexity of political processes and the effects of multiple actors are taken into account. Change processes are likely to often be non-linear and unpredictable. Synergies are expected across the different programme strategies. The efforts of Oxfam, SOMO and partners in most cases may contribute to an outcome but are not the sole cause, with a range of additional external factors also playing a contributory role.19
For this reason, the evaluation questions posed ask about the contribution of the programme to specific changes, rather than seeking to attribute changes to the programme. Nonetheless, the evaluation questions do seek to untangle the relative contribution of the programme in comparison to that of other actors. The evaluation questions also seek to uncover not only to what changes the programme has contributed but also how those changes have come about. The evaluation approach needs to allow the causal packages at the heart of the programme to be unpacked and understood in order to link cause and effect. The approach should allow consideration of unique cases for which there are no comparison groups, whilst also seeking to, where possible, draw conclusions at a higher programme level by comparing across cases. Recognising these challenges, we propose that the evaluation takes a theory-based approach, using the Contribution Analysis (CA) approach20, which takes the identification or confirmation of causal processes or chains as the basis for causal inference and is especially suited to complex programmes with the attributes described above present in Oxfam Novib and SOMO’s Strategic Partnership.
CA draws on the programme’s theory of change to gain an in-depth understanding of the pathways of change linking programme activities to an observed outcome. As per the set-up of the evaluation described in section 6.1, the internal taskforce will lead on the preparation of the contribution analysis, producing 4 contribution stories (earlier referred to as narratives), whilst the external evaluation team will critically assess the occurrence of the outcomes in the contribution stories, to assess the internal team’s evidence that the program contributed to these changes, and seek to falsify the contribution claim by actively searching for evidence showing convincingly that the change was due to other influencing factors.
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Oxfam Novib and SOMO are open to exploring combining Contribution Analysis with other evaluation methods or adapting the Contribution Analysis approach in order to increase the rigour of the evaluation. Tender applicants may describe any such options in their proposal.
7. SAMPLING The external evaluation team leader will be responsible for supporting Oxfam and SOMO staff with the sampling of subthemes and projects, and will ensure that sampling criteria are respected.Subthemes will form the sampling frame for the evaluation. Sampling will be carried out on the basis of basic narratives that are produced by the internal evaluation taskforce prior to the commencement of the external evaluation team. A total of 11 basic narratives will be developed, out of which a total of 3 basic narratives will be sampled for inclusion in the external evaluation in addition to a pre-chosen 4th cross-cutting narrative that focuses on changes in civil society influencing capacity.
The sampling strategy for the 3 thematic narratives is set out below: Sampling may be two-stage, if necessary.
o In the first stage of sampling, subthemes will be selected by the evaluation team, in collaboration with the internal taskforce and in close consultation with the thematic units. The sampling criteria for this stage will be:
One subtheme per ToC (3 total); Clear knowledge gap / avoid duplication of evaluation efforts on the same project / learning priority: limited or no existing evaluations in the same area The subtheme constitutes a meaningful part (significant number of projects and funds) of the total ToC budget and scope. At least one of the subthemes selected should include the work of SOMO.
o A second stage of sampling will be conducted only if the selected subthemes encompass a large number of projects and/or outcomes. In this case elements within the selected subthemes will be sampled:
The sampled projects should work significantly on that subtheme and not only have a minor contribution to the subtheme (a budget threshold is not set, however at least 2 projects should be included) Lack of existing evaluations of the same projects (for instance, not included in the MTR) Unintended outcomes (both failures and success) were experienced by the projects
The external evaluation team leader will play an important role in the first stage sample of narratives that are chosen based on the above criteria, in order to ensure the independence of the evaluation. The external evaluation team leader can sample if he/she so wishes within the detailed narratives, but must examine at least 8 projects (at least 2 per subtheme and at least two global or regional project) from the sample. Within those projects the external evaluation team may choose to focus on specific partners or outcomes as they deem necessary to adequately verify the narratives.
8. TASKS OF THE EXTERNAL EVALUATION TEAM Develop a detailed methodology and work plan for the final evaluation, including recruiting
and liaison with (local) consultants to substantiate narratives. Manage the evaluation process and ensure all deliverables are completed on time Critically review the in-depth narratives produced by the internal evaluation taskforce Organise and carry out additional data collection for a minimum 8 projects that are included in
the sample, of which at least 6 will be country-level projects and two global / regional projects. Country visits are assumed to be carried out for all country-level projects, however this can be refined/confirmed during the inception period. We do not specify the number of interviews conducted or documents reviewed as part of the additional data collection; most important is
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their pertinence and independence (the additional data collection should focus on testing alternative hypotheses and collecting evidence from external sources that may contradict information from the programme’s MEAL system and provide an alternative perspective of the contribution of the project to the outcomes).
Write final evaluation report Present the preliminary results of the final evaluation to the steering group (SP SG),
management team (SP MT), SP final evaluation taskforce and External Reference Group Make appropriate revisions to the report based on feedback from Oxfam, SOMO, partners
and the ERG. Produce the final evaluation report.
9. DELIVERABLES
Inception meeting with key Oxfam and SOMO staff to clarify the programme and evaluation and agree on way forward
Inception report including detailed design of methodology and work plan for the final evaluation
Draft evaluation report Final evaluation report (see section 1.8 for specific requirements) Presentation of preliminary findings and a debrief to the SP SG, SP MT, SP MEAL team and
the external reference group
10. INDICATIVE PLANNING
Deadline applicants 22 September 2019Applicants informed 30 September 2019Inception meeting Start October 2019Support to sampling Start October 2019Receive contribution claims produced by internal evaluation team 1 April 2020Draft report 30 June 2020Debriefing meeting with SP SG, MT, MEAL and ERG 20 July 2020Final evaluation report 22 September 2020
11. REMUNERATION
As a general guideline for the proposals we have estimated the total costs of this final evaluation at 141.500 Euro (tax included). Calculation is based on fee for the team leader and approximately 3 team members, as well as additional data collection costs (travel, accommodation, etc).
The consultant will have to make provisions for covering all costs associated with the evaluation, such as: Fees, costs for instrument development, data collection and analysis, report writing and
editing costs. Secretarial/office-related costs which may include communications (phone, fax,
telecommunications, mail, photocopying, courier etc), report production and secretarial services are considered to be included within the fee rate of the consultant.
Costs for travel, accommodation, translation, local consultants or any other costs associated with the additional data collection for at least 8 of the sampled projects
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The consultant will be in charge of the secretarial and logistic arrangements for all additional data collection conducted for the sampled projects
Remuneration is based on submission of final deliverables.
12. PROFILE OF THE CONSULTANT TEAM
Notes: It is possible for the team leader to additionally take on the role of one of the team members,
should they possess the appropriate thematic expertise. A combination of more senior and more junior team members with complementary skills may
also be considered. All team members must have an excellent command of written and spoken English. French or
Arabic are an asset. The team leader or at least one of the team members should have solid experience in
quantitative data analysis and advanced statistical techniques in order to critically review the quasi-experimental impact assessments that have been carried out in some projects.
At least one team member should have experience reviewing qualitative data analysis conducted in MaxQDA software.
Team leader: extensive experience designing, managing, and carrying out evaluations of large-scale influencing programmes, and civil society capacity strengthening programmes. Excellent methodological expertise, including in Contribution Analysis or similar theory-based evaluation methods. Familiarity with the Oxfam confederation, its programmes and ways of working is an asset. Excellent analytical, communication and writing skills.
Team member Right to Food: extensive experience designing and carrying out evaluations of programmes in the field of food systems governance, resilient livelihoods of smallholder food producers, fair and transparent value chains, financial flows for food systems and climate issues, lobby and advocacy, capacity building of civil society.
Team member Finance for Development: extensive experience designing and carrying out evaluations of programmes in the field of tax systems, tax avoidance and evasion, pro-poor fiscal policy, gender sensitive budgeting, development aid, inclusive finance, lobby and advocacy, capacity building of civil society.
Team member Conflict and Fragility: extensive experience designing and carrying out evaluations of programmes in the field of UN resolution 1325 (women, peace and security), security sector reform and private sector in conflict, lobby and advocacy, capacity building of civil society.
Team member capacity strengthening of civil society for influencing: extensive experience designing and carrying out evaluations of programmes in the field of capacity building of civil society, in particular capacity strengthening for influencing, civic society and civic space.
13. FINAL EVALUATION REPORT
Draft Report
The evaluation team will submit a draft report for review by Oxfam Novib and SOMO by 30 June 2020. Country and Global projects involved in the evaluation will be asked to provide feedback on the
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report in writing. The Oxfam evaluation taskforce lead will coordinate the input from Oxfam HQ staff, SOMO and the External Reference Group.
Final version of Evaluation Report
After receiving Oxfam Novib's and SOMO comments on the draft report, the consultant will submit the final version of the evaluation report by 22 September 2020.
The evaluation team will propose a suitable structure of the final evaluation report, which will be largely based around the following sections:
Suggested outline of Table of contents of the Evaluation report and approximate page length:
1. Executive summary (2 pages)2. Introduction (2 pages)3. Methodology (2 pages)4. Results (40 pages)5. Conclusions and Recommendations (3 pages)6. Annexes
I. Evaluation results of Right to Food projectsII. Evaluation results of Finance for Development projectsIII. Evaluation results of Conflict and Fragility projectsIV. List of projects evaluatedV. List of interviewed personsVI. Sources of information used
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BACKGROUND INFORMATION A: BACKGROUND INFORMATION ON THE STRATEGIC PARTNERSHIP
Thematic country / multi-country / regional projects (€ 27.480.500)1
The tables below provide a quick overview of the country projects of Oxfam (Novib) and SOMO that have been committed so far. The Strategic Partnership covers a period of five years (2016-2020). Budgets have been allocated by Oxfam Novib for three years (2016-2018). SOMO uses an annual planning cycle. In the third year (2018), Oxfam Novib will allocate the budgets for the last two years, based on performance, opportunities and contextual developments. An overview of the budgets allocated to country specific projects for the period 2016-2018 is given below.
Total Budget per Country per ToC 2016 – 2018 Total Budget per Country
TOC 1 R2F TOC 2 F4D TOC 3 C&F
Afghanistan € 1.200.000 € 1.200.000
Burundi € 900.000 € 900.000
Cambodia € 1.230.000 € 1.030.500 € 2.260.500
DRC 84.238 84.238
Egypt € 1.100.000 € 1.100.000
Indonesia € 1.615.000 € 145.000 € 1.760.000
Morocco € 1.000.000 € 1.000.000
Mozambique € 1.600.000 € 1.600.000
Myanmar € 1.400.000 € 522.866 € 1.922.866
Niger € 1.200.000 € 1.200.000 € 2.400.000
Nigeria € 1.200.000 € 1.200.000 270.000 € 2.670.000
OPTI € 1.000.000 € 1.200.000 € 2.200.000
Pakistan € 915.000 € 1.215.000 € 2.130.000
South Sudan € 1.295.000 € 1.295.000
Uganda € 1.200.000 € 1.200.000 € 2.400.000
Vietnam € 1.350.000 € 1.200.000 € 2.550.000
Yemen € 1.215.000 € 1.215.000
Regional Africa and South east Asia
€ 516.000 € 618.000 € 480000 € 1.614.000
Total € 11.011.000 € 10.608.500 € 8.682.104 € 30.301.604
Netherlands / International / Global campaigns and projects (€ 11 mln)Besides the country projects, a number of activities are being carried out in the Netherlands and at international and global level. These activities are managed by the thematic units in Oxfam Novib and SOMO and are, when it comes to Oxfam Novib’s activities, in most cases part of a wider global Oxfam campaign strategy.
BACKGROUND INFORMATION B: SP MONITORING, EVALUATION, ACCOUNTABILITY AND LEARNING
The three thematic programmes each have a Theory of Change that describes the expected outcomes that will occur as part of that programme in the short, medium and longer term. This
1 This amount excludes reserves for additional thematic projects in the countries
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constitutes the programme level. Outcomes are categorised under one of seven standardised outcome areas that are common with the other thematic programmes. Finally, each country specific project articulates a Theory of Change that indicates the expected outcomes for that particular country for that particular theme and that particular timeframe. This constitutes the project level. The diagram on the next page visualizes the relations between themes, outcome areas and levels of interventions.
The expected results at the various levels are interdependent and the MEAL Framework is thus designed to facilitate structured information flows that can facilitate learning at the various levels. In addition, and as following sections will further explain, the overall approach had designed methodologies that maximize learning and the generation of strategic knowledge, while facilitating comparative analysis at each of these levels.
A common monitoring, evaluation and learning approach has been developed for this Strategic Partnership at programme and project level. The objective of the monitoring, evaluation and learning framework of the Strategic Partnership as a whole and of all project MEAL strategies that fall under it is threefold:
Ensure accountability: To the Ministry and general public to account for the results of the SP and the resources
used. The accountability requirements toward the Ministry of Foreign Affairs (MoFA) are described in their grant decision. They include a baseline measurement, reporting using the IATI standard, high level and brief analyses of progress, and an external evaluation that is guided by an External Reference Group (ERG).
To partners, beneficiaries and other key stakeholders to ensure their active implication in the results of the programme
Ensure support to the management of the programme: at programme and project level, providing suitable information that allows SP’s management, ToC Leads and CO project teams to take effective and timely decisions and actions in order to assure quality results.
Ensure learning takes place at different levels: Learning about strategic developmental queries in the context of Oxfam Novib’s Strategic
Partnership Learning Agenda. Content specific learning about underlying ToC and its assumptions, such as the assumption that capacity strengthening re-enforces influencing capacity and strengthens the worldwide influencing network effectively, i.e. contributes to visible results.
Learning about the programmatic theories of change that underpin the Strategic Partnership, both at the programmatic level and at the country-specific project level
Supporting learning path of partners and other relevant stakeholders
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25
Right to Food Conflict and Fragility Greater responsibility in finance for development
Improved policies private sector
Strengthened CSOs
Increased political will
Increased citizens’ voice
Stronger and wider alliances
Cou
ntr
y A
Cou
ntr
y B
Cou
ntr
y C
Glo
balO u t c o m e a r e a s
Shifted norms and attitudes
Thematic areas (TOCs)
Cou
ntr
y A
Cou
ntr
y B
Cou
ntr
y C
Glo
bal
Cou
ntr
y A
Cou
ntr
y B
Cou
ntr
y C
Glo
balImproved
policies governments and global actors
The approach toward result measurement is aligned to the Common Approach to MEL and Social Accountability (CAMSA) used by Oxfam. This overall approach includes major principles and good practices of monitoring and evaluation and offers minimum requirements for all stages of the programme and project cycle. The main principles include a focus on use, empowerment, quality, credibility and mutual accountability between communities, partners and Oxfam Novib.
The accountability ceiling lies at the outcome level as defined in the common approach to MEAL for the SP. Direct impact at the level of people accessing rights, services and opportunities is beyond the accountability ceiling and not part of the outcome framework. Where possible, however, changes will be reported as perceived by citizens through our online and offline surveys. The MTR will focus on outcomes in the areas of policy change and CSO’s influencing capacity.The MEAL approach seeks to strike a balance between measuring results at the project level, providing country and context specific information, and ensuring the comparability of results at the thematic programme or outcome level, in order to allow for programme-level learning and cross-country analysis. The approach thus includes elements that will be the same across all projects funded under the Strategic Partnership, whilst also allowing adaptation to the local context and project. An overview of the harmonised elements and localised elements is provided below.
Element Harmonised LocalisedTheories of Change
- Overall Theory of Change for each of the three programmes
- Theory of Change for each project / contribution, which relates to the thematic ToC.
Results and indicators
- Use of seven outcome areas (outlined below under 5), with predefined corporate outcome and output indicators for the three programmes
- Selection of only those outcome areas and corporate indicators that are relevant.
- Corporate indicators will be made specific for countries/context whilst flowing into the corporate level indicators.
- Additional outputs and outcomes will be formulated as many as are relevant
Methodologies - Shared methodologies for each of the seven outcome areas, presented below
- Additional methodologies possible along the shared methodologies (is also triangulation)
- For additional outputs / outcomes: appropriate methodologies
Reflection and Learning
- A knowledge and learning strategy is designed covering the outcome areas and thematic areas at different levels in order to inform programme management and further develop Oxfam Novib’s position as a thought leader in these areas
- This strategy articulates specific learning questions concerning thematic subjects, outcome areas and methodologies therewith serving a variety of audiences.
- Reflection and learning cycle demanded from each project, based on their complete result framework and learning questions.
- Reflection and learning sessions aiming to bring programme and outcome level learning to the project level will also be organised.
Evaluations - Joint external evaluation at the end of the period. Mainly as a meta-evaluation and synthesis of the outcome measurement, with additional field research where relevant.
- Project level evaluations will be conducted using the data collected using the standard methodologies described above. These may be conducted internally with the main purpose of learning about project
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Element Harmonised Localisedlevel impact questions.
Monitoring Outcomes
As stated above, there are seven corporate level outcome areas. Each of these will be measured using, in principal 3 main common methodologies. These common methodologies represent the minimum requirements for monitoring the outcome areas2, although additional methodologies may be proposed (by country offices and Oxfam Novib and SOMO staff working at global level in addition to these methodologies). However, all projects should seek to include these methodologies at a minimum in order to allow for comparability of results at the programmes’ and outcome levels.
Project-specific outcomes that do not fall within one of the seven main outcome categories can be monitored using any appropriate methodology as proposed by the project team.
An overview of the common minimum methodology for monitoring each of the outcome areas is provided in the table below:
Outcome area Outcome indicator (details in annex 2) MethodologyImproved policies of governments and global actors
# cases of (sub)national governments / global actors (**00)3 adopting / implementing improved gender sensitive policies
Outcome Harvesting & Process Tracing
Improved policies of private sector actors
# cases of private sector actors (**10) adopting / implementing improved gender sensitive policies
Increased political will
# cases of influentials endorsing policy asks of Oxfam/partners (**30)
Strengthened CSOs # of organizations that have increased their capacity in influencing (**20) # of organizations that have increased their capacity on organizational development (**20)
Oxfam Novib Capacity Assesment Tool & Outcome harvesting
Stronger and wider alliances
# of cases in which Oxfam Novib/partners have strengthened and/or broadened alliances (**50)
Increased citizens’ voice
# of people (M/F) taking action (**40) Surveys and Stories of Change
Shifted norms and attitudes
# of citizens (M/F), including people living in poverty and injustice, consider key issues (**70)
The integration and linkage of the results in the various outcomes is crucial to underpin the overall Theory of Change and will be embedded through annual reflections on the ToC that is ensured through the regular and annual ToC reflection, planning and reporting.
Monitoring progress using International Accountability and Transparency Initiative
Corporate outputs have been formulated in relation to each of the outcome areas for each theme. These indicators can be contextualised toward specific countries and refer mostly to numbers of events, activities, participants, campaigns, documents, partners, sessions, closely related to the various interventions and 2 Outcome areas are defined in the MEAL plans at country project and global level. Projects can choose up to seven outcome areas from the outcome areas described above, as far as appropriate for their plan3 The codes (**00, **10 etc. refer to the codes used for themes and outcome areas in which the corporate outcome indicators are classified, see also annex 2)
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strategies employed. Outputs and outcomes are registered in SAP as part of standard project reporting, such that automatic exports can be made and published in International Accountability & Transparency Initiative (IATI) formats and presented through the ATLAS system of Oxfam Novib. The Project Management Unit (PMU) of the strategic partnership assures quality of the monitoring of Outputs and Outcomes in IATI. The result of the project progress report assessments are communicated by the Project Management Unit to the budget holders. This final assessment of progress or annual reports includes the realised results on outcome and output indicators. This forms the basis for the registration of outputs and outcomes in SAP by the budget holders, which automatically feeds into the IATI platform.These registered outputs and outcomes also form the basis for analysis and synthesis per ToC which is presented in the annual analytical progress report to the Ministry of Foreign Affairs.
External Reference Group
The grant provided by the Ministry of Foreign Affairs for this strategic partnership stipulates the requirement of a final external evaluation and the establishment of an external reference group. The ToR for this final evaluation, its methodology and the report need to be in accordance with the IOB quality standards as described in the attached IOB guidelines for external evaluations (validity, reliability and usefulness).The purpose of the ERG is to improve the quality of result measurement. This includes ongoing measurement as well as external evaluation and it includes the design of the system, the quality of the evidence and the quality and potential of the use of evidence for learning and improvement during and after the project period. The ERG improves this quality through providing independent feedback from a variety of expertise and background.
The ERG is independent of Oxfam Novib and of the external evaluators and is free to formulate its advices independently at the various stages of the process as outlined below. The ERG is not responsible for the follow up given to these advices. The official advices of the ERG (at the various stages) will be included as annexes in the final evaluation report.
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Appendix B: TENDERER´S DECLARATION
We the Undersigned accept in full and without restriction the conditions governing this tender as
the sole basis of this competition, whatever its own conditions of sale may be, which we hereby
waive.
We have examined carefully, understood and comply with all conditions, instructions, forms,
provisions and specifications contained in this tender dossier including the contract template with
its annexes and the Oxfam Ethical and Environmental Policy. We are aware that failure to submit a
tender containing all the information and documentation expressly required, within the deadline
specified, may lead to the rejection of the tender at Oxfam’s discretion.
We hold no reservation in regard to the tender dossier; and are aware that any reservation may
result in the rejection of the tender by Oxfam.
We are not aware of any corruption practice in relation to this competition. Should such a situation
arise, we shall immediately inform Oxfam in writing.
We declare that are affected by no potential conflict of interest, and that we and our staff have no
particular link with other Tenderers or parties involved in this competition. Should such a situation
arise during performance of the contract, we shall immediately inform Oxfam in written.
Company name and address:
Company’s Representative name:
Title of Representative in the Company:
Representative’s signature and stamp:
City, date:
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Appendix C: ETHICAL AND ENVIRONMENTAL POLICY
Section 1: Policy Statement Oxfam recognises the importance of sustainable development for people living in poverty, and the long term benefits of becoming a more sustainable organisation. Oxfam takes responsibility for and is committed to managing the labour and environmental standards in its operations and supply chains. In order to embed appropriate management of these standards, the associated framework must be adopted.
Qualifications to the policy The humanitarian imperative is paramount. Where speed of deployment is essential in saving lives, Oxfam will purchase necessary goods and services from the most appropriate available source.
Section 2: Policy Details 2.1 Labour and Environmental Standards Oxfam is committed as a minimum to complying with all applicable labour and environmental legal requirements in its both operations and supply chains.
In addition, Oxfam is committed to meeting the labour and environmental standards below and applying a continuous improvement approach within an agreed timeframe where it is known that standards are not met.
When Oxfam sources from small producer groups, it applies the principles of Oxfam International’s Values Based Approach to Fair-Trade.
Labour StandardsOxfam has adopted the Ethical Trading Initiative Base Code for its labour standards:
Employment is freely chosen: There is no forced, bonded or involuntary prison labour. Workers are not required to lodge “deposits” or their identity papers
with the employer and are free to leave their employer after reasonable notice.
Freedom of association and the right to collective bargaining are respected: Workers, without distinction, have the right to join or form trade
unions of their own choosing and to bargain collectively. The employer adopts an open attitude towards the legitimate
activities of trade unions. Workers representatives are not discriminated against and have
access to carry out their representative functions in the workplace. Where the right to freedom of association and collective bargaining
is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.
Working conditions are safe and hygienic: A safe and hygienic working environment shall be provided,
bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.
Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.
Access to clean toilet facilities and potable water, and, if appropriate, sanitary facilities for food storage shall be provided.
Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers.
The company observing the standards shall assign responsibility for health and safety to a senior management representative.
Child Labour shall not be used: There shall be no new recruitment of child labour. Companies shall develop or participate in and contribute to policies
and programmes, which provide for the transition of any child found to be performing child labour to enable her/him to attend and remain in quality education until no longer a child.
Children and young people under 18 years of age shall not be employed at night or in hazardous conditions.
These policies and procedures shall conform to the provisions of the relevant International Labour Organisation (ILO) standards.
Living wages are paid: Wages and benefits paid for a standard working week meet, at a
minimum, national legal standards or industry benchmarks, whichever is higher. In any event wages should always be high
enough to meet basic needs and to provide some discretionary income.
All workers shall be provided with written and understandable information about their employment conditions in respect to wages before they enter employment, and about the particulars of their wages for the pay period concerned each time that they are paid.
Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the express and informed permission of the worker concerned. All disciplinary measures should be recorded.
Working hours are not excessive: Working hours comply with national laws and benchmark industry
standards, whichever affords greater protection. In any event, workers shall not on a regular basis be required to
work in excess of 48 hours per week and shall be provided with at least one day off for every 7 day period on average. Overtime shall be voluntary, shall not exceed 12 hours per week, shall not be demanded on a regular basis and shall always be compensated at a premium rate.
No discrimination is practised: There is no discrimination in hiring, compensation, access to
training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.
Regular employment is provided: To every extent possible work performed must be on the basis of a
recognised employment relationship established through national law and practice.
Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, sub-contracting or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.
No harsh or inhumane treatment is allowed: Physical abuse or discipline, the threat of physical abuse, sexual or
other harassment and verbal abuse or other forms of intimidation shall be prohibited.
Environmental Standards Oxfam is committed to reduce its reliance on finite/scarce resources and to minimise the environmental impact of its operations including its supply chain, and will work to achieve the standards listed in this section.
Climate change: Monitor and actively seek to reduce the Greenhouse Gas (GHG) emissions associated with its operations and:
Set absolute GHG reduction targets for operations in industrialised countries or Economies in Transition, such as those identified in Annex I of the United Nations Framework Convention on Climate Change below
Set and report on targets for improved efficiency in countries where Oxfam runs programmes, such as those that may be regarded as non-Annex I countries under the UNFCCC
Waste: Reduce waste to landfill. Monitor operations, including procurement, to ensure waste
minimisation and high product and process efficiency. Effective controls of waste in respect of ground, air, and
water pollution are adopted.
Materials: Reuse, recycling and the use of recycled and recyclable
materials are strongly encouraged. Avoid where practicable reliance on materials that are heavily
dependent on finite resources.
Packaging: Actively avoid undue and unnecessary packaging wherever
practicable and use recycled and recyclable materials wherever appropriate.
Wood and forest products: Ensure that all forest products purchased are as a minimum
legal in origin and provide evidence of due diligence to ensure this if requested by Oxfam
30
Suppliers of paper products sourced from Oxfam affiliate home country offices and retail products carrying the Oxfam Brand must source forest products from recycled sources or well managed forests which have been certified to a credible standard. Exceptions will be made for products which are Fairtrade marked or produced by members of the World Fair Trade Organisation as appropriate. Oxfam views the Forestry Stewardship Council (FSC) as the most credible certification for the sustainable sourcing of wood and forest products.
Suppliers must never knowingly become involved in, collude with or purchase timber from illegal logging operations.
Energy: Work to reduce energy consumption and where practicable
use energy from renewable resources.
Transport and travel: Reduce staff travel wherever practicable. Monitor and reduce transport logistics to ensure efficient
distribution and delivery of products and services.
Conservation of biodiversity: Seek to minimise the impact of operations on fauna, flora and
land to ensure the conservation of biodiversity and habitats.
Water: Develop a better understanding of its impact on water use
and develop management processes where appropriate
Annex I countries, United Nations Framework Convention on Climate Change
Australia, Austria, Belarus, Belgium, Bulgaria, Canada, Croatia, Czech
Republic, Denmark, Estonia, European Union, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New
Zealand, Norway, Poland, Portugal, Romania, Russian Federation,
Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United
Kingdom of Great Britain and Northern Ireland, United States of America.
2.2 Oxfam Procurement Integrity PrinciplesOxfam is committed to ensure that its procurement processes are run with integrity and to further this commitment Oxfam actively promotes principles for suppliers and staff as detailed below.
Procurement Integrity Principles for Oxfam SuppliersOxfam expects suppliers as a minimum, to follow the below-mentioned principles:
Accept responsibility for labour and environmental conditions under which products are made and services provided. This includes all work contracted or sub-contracted and that conducted by home or other out-workers.
Be open and transparent about the labour and environmental standards in their supply chains. To provide information requested by Oxfam to enable our assessment of labour and environmental standards in their supply chains.
Support workers to realise their rights and minimise the barriers which prevent workers from achieving them.
Demonstrate ability to meet local labour and environmental laws.
Demonstrate commitment to achieve conformance with the Labour and Environmental Standards in section 2.1 above and commitment to continuous improvement of their labour and environmental standards as agreed with Oxfam.
Suppliers importing from small scale producer groups facilitate trade in-line with Oxfam’s values based approach.
Oxfam will seek alternative sources where the conduct of suppliers demonstrably violates the basic rights of Oxfam’s intended beneficiaries, and there is no willingness to address the situation within a reasonable time period.
Oxfam will not knowingly enter into contract or partnership with suppliers that participate in the activities outlined below:
List of activities that Oxfam suppliers should not be involved in:Oxfam will seek alternative suppliers if we identify the following activities: Actively lobby to undermine public policies to tackle climate change
or push for continued expansion of fossil fuel use Arms manufacture; The sale or export of arms or strategic services to governments
which systematically violate the human rights of their citizens, or where there is internal armed conflict or major tensions, or where the sale of arms may jeopardise regional peace and security.
Tobacco production and sale;
The sale of baby milk outside the World Health Organisation (WHO) Code of Conduct;
Pesticide sales outside the Food and Agriculture Organisation (FAO) guidelines for pesticide retailing
Extractive industries Production or publication or broadcast of adult entertainment Knowingly become involved in, collude with or purchase timber
from illegal logging operations. Any other activities which violate the basic rights of Oxfam’s
intended beneficiaries. Activities which contravene the Procurement Integrity Principles
listed in section 2.2
Suppliers must declare any formal party political involvement or activity.
Procurement Integrity Principles for Oxfam Staff To ensure we procure with Integrity, Oxfam staff will: Recognise that our suppliers may not be able to achieve all the
labour and environmental standards laid out in sections 2.1 immediately and we will support suppliers to work toward conformance within a reasonable timeframe.
Recognise the impact of all supply decisions on meeting the labour and environmental standards outlined in section 2.1 of this policy. We will involve our suppliers in addressing issues that may arise and expect them to assist us in minimising any negative effects.
Ensure that our supply requirements are adequately defined and specified in sufficient time to allow the supply market to react to our demand.
Ensure that our supply activities comply with all applicable international and national laws, regulations, conventions and agreements that are in force in the countries from where our requirements are being procured, and ensure that the specific supply related requirements of our donors are adhered to.
Not engage in any activity with suppliers, or buyers from other organisations, which might be deemed to be anti-competitive or in breach of any statutory requirements in any country or trading region.
Not terminate purchase arrangements or relationships without due regard to all material circumstances, appropriate communication and notification to the supplier. We will however terminate supplier relationships where serious breaches of Oxfam’s labour and environmental standards persist after reasonable attempts have been made to work with the supplier to implement improvements, and where there is no reasonable prospect of securing improvements. Such terminations will be carried out in a responsible way.
Act impartially and objectively in all their purchasing activities and to keep written records where appropriate to demonstrate that their actions have been fair and above reproach.
Declare in advance any interest commercial or otherwise, they may have with a supplier to Oxfam and to be prepared to withdraw from those dealings if required.
Maintain an unimpeachable standard of integrity in all their business relationships and to foster the highest possible standards of professional competence in all their supply activities.
Not accept any personal gifts or other inducements, as individually or cumulatively these will be adjudged as an attempt to influence a purchasing decision.
Seek the views of its suppliers over their ability to meet Oxfam’s labour and environmental standards given existing buying practices, and assists them to meet their concerns.
Recognise the contribution that stable business relationships can make to the observance of the labour and environmental standards, and endeavour to establish long-term relationships with its suppliers.
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Appendix D: SUPPLIER QUESTIONNAIREALL Suppliers and Subcontractors to complete Sections 1-6 and the declaration.
Suppliers providing branded products and services, rental vehicles and construction projects to also complete section 7 and 8.
1 A) Company Profile Oxfam Use only
Name of CompanyName of Oxfam staff member you have contact with; if any. (Name, Department, Location)
Registered Office address
Ordering Address (if different)
Payment Address (if different)
Telephone NumberEmailWebsiteCompany Registration number(Please attach a copy of the certificate)Year establishedPlease state your position in the supply chain e.g. Agent, Manufacturer, Service Provider, Importer, TraderPlease specify the product/service being supplied to OxfamDo your goods or services carry the Oxfam brand?Company turnover in trading currency(please attach recent financial statement)Turnover of the part of the business that would serve OxfamLocation of other operational sites (national and international), their functions and approximate numbers of employees where Oxfam goods or services could be positioned
1 B) Total Number of WorkersMen (%) Women (%) Total
Permanent WorkersTemporary directly employed workersAgency indirectly employed workersHomeworkers/outworkersManagementIs your company committed to achieving the labour, environmental and business integrity standards in Oxfam's Ethical and Environmental Policy
YesNo
2) Health & SafetyIs there anyone designated as being responsible for Health and Safety issues in your company?
Yes/ No. Give details
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3) Management Systems and PoliciesDo you have or are you working towards any of the following ethical/environmental, legal and technical management standards (add more fields if necessary)
ISO9001 - QualityISO14001 - Environment
ISO26000 - Social ResponsibilitySA8000 - Labour standards
OtherConfirm which policies your company has in place. Please attach these:
QualityHealth & Safety
Environmental ManagementLabour Standards
Equal OpportunitiesTraining & Development
Other
4) Ethical (Labour) StandardsDo you ensure your company meets worker related legislation? (e.g wages, hours, health & safety) Please share what you have in place to support this.
Yes/No. Give details.
5) Environmental StandardsDo you ensure that your company meets all required local laws/regulations covering the environment? Please share what you have in place to support this.
Yes/No. Give details.
Do you have an environmental policy in place? Please attach YesNo
6) Experience & SubcontractingPlease provide details of 3 customers/clients for whom you have completed contracts for in the last 3 years, willing to provide a reference. If available, attach reference letters.
Reference 1 Reference 2 Reference 3Customer/Organisation
Contact name
Telephone No
Date awarded contract
Contract scope and details
Please detail what experience you have with dealing with International Non Governmental Organisations (INGO): If yes, please provide details about the scope of contract and the INGO name.
If you supply services to OXFAM, do you subcontract/outsource services?If yes, please share name and contact details of the sub-contracters and the type of service provided.
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Please complete Sections 7 and 8 IF providing branded products or services, rental vehicles or construction projects
7) Pay & HoursWhat is the national minimum wage (per hour)?What is the lowest hourly pay in your company?
What deductions taken from worker's wages e.g. pension, tax?If yes, how much are the charges and what are they for?What are the normal weekly working hours for employees?
Do workers have at least 1 day off in 7? YesNo
What is the average overtime worked each month
What is the minimum age of worker your company would hire?Explain how you ensure workers are not hired below the minimum age requirementWere any health and safety risk assessments carried out in the last year? Yes
No
8) Worker Management CommunicationsHow do you ensure employees are aware of their rights?
Written ContractsStaff notice boards
IntranetEmployee Handbook
OtherWhat forms of representation are used? Union
Employees share ownershipElected Health & Safety Committee
Workers co-operativeWorks Council
Staff AssociationOther
Do any workers belong to a Trade Union YesNo
If yes, please provide the name/s of the Union/s
Declaration (to be completed by Senior Authorised Manager. Please insert electronic signature or type name): I confirm that all the information given is accurate. For and on behalf of the supplier :
Name : Position :
Date : Signature :
For Oxfam use only - Risk Rated by NB There are some industries Oxfam has run campaigns on to highlight the harm they can cause to poor communities. If your company, or any parent or subsidiary, has any involvement with the production or sales of weapons, pharmaceuticals, infant formula or pesticides; or with the Finance industry please tell your Oxfam contact.
Name : Position :
Date : Risks :
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Appendix E: PRICE PROPOSAL The format can be modified or changed according to requirements.
Nº Concept Comments & Details Quantity
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Sub TOTAL without VAT in [currency]Sub TOTAL of VAT in [currency]
Unit Price In [currency]
TotalPrice In [currency]
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Appendix F: CONTRACT TEMPLATEPRIVATE & CONFIDENTIAL
CONSULTANCY AGREEMENT
Made on the…………of………….20…..
Oxfam Novib Contract Manager
Name: ………………………………………………………………….Address: ………………………………………………………………….Email address: ………………………………………………………………….Telephone number: ………………………………………………………………….
The Service Provider
Name: ………………………………………………………………….Address: ………………………………………………………………….Operating Base if different to above: …………………………………………………....Email address: ………………………………………………………………….Telephone number: ………………………………………………………………….
Service Provider is: A company (reg. number ….…..…...…)4
A Foundation (reg. number ….…..…...…)5
A Partnership (reg. number ….…..…...…)6
Other (please specify)……….……...……………
The Service Provider is referred to as “Contractor” throughout this Agreement which includes your representatives and authorised sub contractors. Where the contract places an obligation on Contractor, Contractor hereby agrees to procure that your representatives and authorised sub contractors (if any) also comply and Contractor hereby agrees and acknowledge that Contractor will be liable for any breach of contract, gross negligence or intent or any other unlawful act by your representatives and authorised sub contractors (if any).
This Agreement is between Contractor and the foundation Oxfam Novib, with address at Mauritskade 9 in The Hague, The Netherlands, VAT-number: NL002872237B01, RSIN number: 002872237, KvK/Chamber of Commerce number: 27108436, referred to as “Oxfam Novib” throughout this AgreementReferences to Oxfam Novib include if specified in Schedule 1, Oxfam Novib Country Offices or other Oxfam Novib entities who are members of Oxfam Novib International.
4 This should be the registration number at the “Kamer van Koophandel”, Chamber of Commerce or a similar institute in the country where Contractor is based.5 See Footnote 1.6 See Footnote 1.
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1 . S e r v i c e s
1.1 Contractor hereby agrees to perform the services set out in the Description of Services attached as Schedule 1 to this Agreement (the “Services”) on the terms and conditions set out in that Schedule 1 and the other terms and conditions of this Agreement.
1.2 Contractor will perform the Services against the dates specified in the Description of Services attached as Schedule 1 to this Agreement, unless this Agreement is terminated early in accordance with paragraph 11 of this Agreement.
1.3 In performing the Services, Contractor, and, if applicable, any individuals or (other) third parties providing the Services for Contractor, will:
(a) co-operate with Oxfam Novib in all matters relating to (the performance of) the Services;
(b) be appropriately qualified to perform the Services;
(c) perform the Services and use any materials with due and proper care, skills and knowledge, and in accordance with the Description of Services attached as Schedule 1 to this Agreement, as well as in accordance with Oxfam Novib’s written requirements, if any;
(d) provide all equipment, tools and vehicles and such other items or materials as are required to perform the Services; and
(e) use the best quality goods, materials, standards and techniques and ensure that any goods and materials supplied or used to perform the Services will be free from defects in workmanship, installation and design;
(f) report to Oxfam Novib concerning the fulfilment of the performance of the Services in due course;
(g) do everything a good contractor shall be held to do and use your best efforts to serve the interests of Oxfam Novib.
1.4 Contractor is not the agent of Oxfam Novib nor does Contractor have authority (and Contractor will not hold itself out as having authority) to make contracts or enter into any engagements on behalf of Oxfam Novib.
1.5 Contractor is responsible for ensuring that Contractor has the necessary work permits and visas to undertake the Services.
1.6 Contractor is responsible for making all travel arrangements, including securing accommodation, necessary to carry out the Services.
2 . F e e s
2.1 Oxfam Novib will pay for the Services to be performed by Contractor on the basis set out in the Description of Services attached as Schedule 1 to this Agreement. In the event of early termination of this Agreement (except where Oxfam Novib terminates under clause 11.2(a) or 11.3), payment shall be made in proportion to the amount of work satisfactorily completed.
2.2 All fees referred to in this Agreement are exclusive of VAT and/or any and all other applicable taxes (and the payment of any taxes chargeable in relation to (the performance of) the Services is conditional on your provision to Oxfam Novib of a valid tax invoice).
(a) If Contractor is based in the Netherlands, Contractor is liable to pay VAT to the Dutch Tax Agency (Belastingdienst).
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(b) If Contractor is based in another country then the Netherlands. Oxfam Novib pays the negotiated contract value exclusive of VAT to Contractor. Oxfam Novib will declare and pay the VAT to the Dutch tax agency. Contractor should mention the Oxfam Novib VAT number on the invoice (NL0028.72.237.B01).
2.3 If Oxfam Novib is required to withhold or deduct any amount on account of tax from a payment due to Contractor, Oxfam Novib will not be required to gross up that payment.
2.4 Oxfam Novib is entitled to deduct and/or set off from any sums payable to Contractor any sums that Contractor may owe Oxfam Novib at any time throughout the duration of this Agreement.
3 . C o n f i d e n t i a l i n f o r m a t i o n
3.1 Contractor shall not use or disclose to any person during or at any time after termination of this Agreement any information relating to Oxfam Novib’s business and operations or any other matters which may come to your knowledge while performing the Services, and which may reasonably be regarded as confidential (Confidential Information). Contractor further undertakes to use all Confidential Information disclosed under this Agreement exclusively for the purposes of performing the Services.
3.2 The restriction in clause 3.1 does not apply to:
(a) any disclosure for the proper performance of the Services under this Agreement, in which event Contractor may only disclose Confidential Information if Contractor has first obtained consent in writing from Oxfam Novib; or
(b) any information which was already or becomes available in the public domain without breach of this Agreement; or
(c) any disclosure required by law.
4 . C o m p l i a n c e
4.1 Contractor hereby agrees to comply with the Ethical Purchasing Policy attached as Schedule 2 to this Agreement. Willingness to pursue compliance with the Ethical Purchasing Policy does not imply Oxfam Novib’s endorsement of the ethical nature of your business and no such claims should be made.
4.2 You shall report in writing to Oxfam without undue delay any ascertained irregularities in the implementation of the activities such as: fraud, security, safeguarding issues (including misconduct) and other forms of unacceptable behaviour and other irregularities, or when suspicion of irregularities have arisen.
In the report you will indicate the related financial interest and the measures taken by you in response to such irregularities. When in doubt, whether or not certain facts and circumstances are to be reported, you must contact Oxfam.
5 . I n t e l l e c t u a l p r o p e r t y
5.1 Contractor warrants that Contractor owns or will own all materials, including any and all intellectual property rights in such materials, produced by Contractor in the performance of the Services under this Agreement, and that such materials produced are original, shall not be defamatory, and shall not infringe the intellectual property rights, ownership rights or any other rights of any third party or be in any way unlawful. Contractor shall indemnify Oxfam Novib against all costs and damages that arise as a result of any infringement or alleged infringement of such rights.
5.2 If Contractor makes use of the services of any third party, Contractor will procure an assignment of intellectual property rights and waiver of moral rights or similar rights from such third party in
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respect of all materials produced in the performance of the Services under this Agreement at no cost to Oxfam Novib, unless Contractor agrees otherwise with Oxfam Novib.
5.3 Contractor hereby assigns to Oxfam Novib all existing and future intellectual property rights in materials produced in the performance of the Services under this Agreement. Contractor will do, at Oxfam Novib’s reasonable cost, all acts that may be necessary to give effect to this assignment.
5.4 Contractor irrevocably waives in favour of Oxfam Novib all moral rights or similar rights in any jurisdiction which Contractor has or will have in any materials produced in the performance of the Services under this Agreement.
5.5 Neither Contractor nor Oxfam Novib shall acquire any right, title or interest in the other’s pre-existing intellectual property rights, and as such, any and all intellectual property rights owned by either party prior to the beginning of the performance of the Services shall remain the property of such party.
6 . D ATA P R O T E C T I O N
6.1 In relation to any personal data (as defined in the General Data Protection Regulations as of 25 May 2018 – “GDPR”) disclosed to the Contractor under this Agreement, the Parties agree that the receiving party will be a data controller (as defined in the GDPR Laws) in respect of such personal data and that the receiving party will:
a) comply with its obligations as a data controller in respect of such personal data;
b) process such personal data only to the extent necessary for the performance of its obligations under this Agreement;
c) not disclose personal data to any person except as required or permitted by this Agreement or with Oxfam’s prior written consent;
d) implement and maintain appropriate technical and organizational measures as defined under the GDPR to protect that personal data against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data and, on written notice from Oxfam, allow Oxfam staff or representatives access to examine those measures;
e) take all reasonable steps to ensure the reliability of any employees who have access to any personal data;
f) without prejudice to the receiving party’s obligations set out above, report to Oxfam within 24 hours any loss, damage or destruction of personal data disclosed under this Agreement for which the receiving party is responsible as data controller;
g) indemnify Oxfam and keep Oxfam indemnified against all costs, damages and loss arising out of or in connection with any breach of this paragraph by the receiving party, its employees, agents and/or subcontractors
7 . U s e o f E - m a i l a n d I n t e r n e t
7.1 If Contractor has been given an Oxfam Novib e-mail address and/or access to Oxfam Novib’s computers, Contractor agrees:
(a) not to use that address for purposes other than those related to performing the Services and/or any other of your obligations under this Agreement; and
(b) to comply with Oxfam Novib’s Acceptable Use Policy, which Oxfam Novib will supply to Contractor upon request.
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8 . D i s c r i m i n a t i o n a n d D i g n i t y a t W o r k
8.1 Contractor shall treat all employees, agents and contractors of Oxfam Novib with respect irrespective of their age, sex, marital status, sexuality, religion, religious belief, colour, race, ethnic or national origin or any disability which they may have and Contractor must not bully, harass or otherwise unlawfully discriminate against any person whilst performing the Services.
9 . M e d i a a n d u s e o f O x f a m N o v i b ’ s n a m e
9.1 Contractor may not use Oxfam Novib’s name and/or logo for any purpose beyond the performance of the Services and/or any other of your obligations under this Agreement unless Contractor has first obtained consent in writing from Oxfam Novib. This includes any news release, public announcement or proactive media work.
1 0 . I n s u r a n c e a n d l i a b i l i t y
10.1 Contractor shall indemnify Oxfam Novib for any and all damages or loss, liability or costs (including reasonable legal costs), incurred by Oxfam Novib in connection with any breach of this Agreement or any negligence by Contractor. This includes loss or damage to any Oxfam Novib documents, materials and/or property provided to Contractor for the purpose of performing the Services.
10.2 Contractor will maintain in force during the period of this Agreement adequate insurance cover for the type of work that Contractor is undertaking for Oxfam Novib, with reputable insurers acceptable to Oxfam Novib including:
(a) public liability insurance where appropriate.;
(b) professional indemnity insurance where appropriate; and
(c) employer’s liability insurance where appropriate and where applicable,
or as specified by Oxfam Novib from time to time. Certificates and or policies of such insurance shall be made available to Oxfam Novib upon request
10.3 In all cases, Contractor is responsible for your own medical arrangements and travel and medical insurance, if applicable.
10.4 Where appropriate, Contractor will provide evidence of all travel and medical insurance to the HR department at Oxfam Novib at the time of signature of this agreement.
11 . H e a l t h a n d S a f e t y
11.1 Contractor will take care of their own health and safety and of others with whom Contractor comes into contact at Oxfam Novib. In particular:
(a) Contractor will comply with all statutory obligations relating to health and safety at work for Contractor, Oxfam Novib staff and others with whom Contractor comes into contact while engaged in the performance of the Services and/or any other of your obligations under this Agreement; and
11.2 Contractor must at any time cooperate with Oxfam Novib to enable Oxfam Novib to fulfil its legal obligations regarding health and safety and Contractor shall promptly report to Oxfam Novib any unsafe working conditions or practices.
1 2 . Te r m i n a t i o n
12.1 Oxfam Novib shall be entitled to terminate this Agreement at any time by giving Contractor one (1) month’s written notice.
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12.2 Either party may terminate this Agreement at any time with immediate effect, without judicial intervention being required, and without any liability for termination or otherwise towards the other party, in the event that:
(a) the other party is in material breach of any of its obligations under this Agreement and the breach is not capable of remedy or where the breach is capable of remedy, it fails to remedy the breach within 30 days of being requested in writing to do so; or
(b) either party goes into liquidation, is declared bankrupt or has a bankruptcy order made against them, goes into moratorium of payment or files a petition for moratorium of payment, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over some or all of its assets, or any similar procedure in any jurisdiction provided it is admitted under the applicable laws;
(c) the other party is winded-up; or
(d) Contractor (in the case that contractor is company of only one person) passes away or becomes disabled for a period of more than 3 months, or otherwise no longer have the capacities to perform the Services under this Agreement; or
(e) Any competent court or authority decides that the legal relationship between the parties qualifies as an employment relationship or deemed employment relationship (arbeidsovereenkomst or fictieve arbeidsovereenkomst), as stipulated in the Dutch Civil Code and/or applicable tax laws and regulations.
12.3 Oxfam Novib shall be entitled to terminate this Agreement with immediate effect, without judicial intervention being required and without any liability for termination or otherwise towards Contractor, if in its reasonable opinion Contractors commit any fraud or malicious act or do anything which, in the opinion of Oxfam Novib, is likely to bring Oxfam Novib into disrepute.
12.4 Oxfam Novib shall be entitled to terminate this Agreement with immediate effect, without judicial intervention being required if Contractor does not perform the services or act as mentioned in clause 1 of this Agreement. This includes timely obtainment of work permits and visas necessary for the timely execution of the Contractor's services.
12.5 All documents and materials and (other) property of Oxfam Novib that Contractor shall have in your possession for the performance of the Services under this Agreement remain the property of Oxfam Novib, On termination of this Agreement, Contractor undertakes to immediately return to Oxfam Novib any Oxfam Novib documents (including any and all copies) and materials and (other) property in your possession or control. Contractor also (unless otherwise specified by Oxfam Novib) undertakes to irretrievably delete any information relating to the performance of the Services and/or this Agreement stored on any magnetic or optical disk or memory which is in your possession or under your control outside the premises of Oxfam Novib.
1 3 . S t a t u s
13.1 Contractor shall be an independent contractor and nothing in this Agreement shall render Contractor an employee, worker, agent or partner of Oxfam Novib.
13.2 This Agreement constitutes a contract for the performance of services, as mentioned in Article 7:400 e.v. BW (Dutch Civil Code), and the parties agree that this Agreement and the Services to be performed by Contractor for Oxfam Novib do not qualify as an employment relationship7 or deemed
7 Arbeidsovereenkomst, as mentioned in 7:610 e.v. BW (Dutch Civil Code). Page 41 / 45
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employment relationship8 and parties have no intention to create any employment relationship. Accordingly, Contractor is fully liable for and shall fully indemnify and hold harmless Oxfam Novib against any liability, assessment or claim for:
(a) any and all applicable taxes (unless otherwise required by Law), duties or levies, including income tax (as well as income tax or amounts equivalent to or related to income tax that must be withheld, charged or settled in the event of payment), wage tax, national insurance and social security contributions and any related interest, penalties or surcharges, both for the employers parts as for the employee part (if and to the extent that any competent court or authority decides that the legal relationship between the parties qualifies as an employment relationship or deemed employment relationship), as well as any claim for reimbursement of such taxes, in relation to the performance of the Services under this Agreement, and for any and all other liability, deduction, contribution, assessment or claim arising from or made in connection with either the performance of the Services or any payment or benefit received in respect of the Services (where recovery is not prohibited by law); and
(b) any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by your representatives or sub-contractors against Oxfam Novib arising out of or in connection with the performance of the Services.
13.3 Contractor shall both at the start and during the full term of this Agreement obtain and retain all relevant Tax employment statements that prove that Oxfam Novib is not obliged to pay or withhold employment tax and/or national insurance and social security contributions. The parties shall reasonably do everything necessary to continue to ensure that the performance of the Services under this Agreement shall not be subject to employment tax and/or national insurance and social security contributions and Oxfam Novib shall remain fully indemnified by Contractor in that respect. If necessary, Contractor will cooperate on replacing this Agreement by an agreement approved by the Tax authorities.
If and to the extent that any competent court or authority decides that the legal relationship between the parties qualifies as an employment relationship or deemed employment relationship, and as a consequence Contractor or Oxfam Novib shall pay or withhold employment tax and/or national insurance and social security contributions on that basis, Oxfam Novib may withhold corresponding amounts from all payments due by it to Contractor under this Agreement, without increase of the fee specified in paragraph 2 and/or Schedule 1 of this Agreement.
1 4 . D i s p u t e R e s o l u t i o n
14.1 If any dispute - which shall be deemed to exist if one of the parties considers this is the case - arises out of or in connection with this Agreement, the parties will arrange a meeting between authorized representatives of both parties and seek to resolve that dispute in good faith. If after two (2) weeks from the date of that meeting the parties have not reached a solution or the dispute is otherwise ongoing, the parties shall attempt to settle the dispute by mediation before litigation is threatened or commenced. The mediation shall take place under the direction of a mediator
8 Fictieve arbeidsovereenkomst, as mentioned in Articles 2b and 2c Uitvoeringsbesluit Loonbelasting 1965 (Dutch Wage Tax Implementing Act of 1965) and Articles 1 and 5 of Besluit aanwijzing gevallen waarin arbeidsverhouding als dienstbetrekking wordt beschouwd (Besluit van 24 december 1986, Stb. 1986, 655) (Dutch Order to Determine Cases of Employment Relationships). Page 42 / 45
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registered with the Mediatorsfederatie Nederland (MfN). The MfN-registered mediator will be jointly agreed by the parties. If the parties fail to jointly agree on the mediator, or if the jointly agreed mediator is not able or prepared to act as mediator for this matter, the parties shall - or the most diligent party shall - request the Stichting Kwaliteit Mediators to provide a written proposal for a mediator. The parties shall equally share the cost of the mediator. Mediation shall take place in accordance with the MfN Mediation Rules.
1 5 . A s s i g n m e n t a n d s u b c o n t r a c t i n g
15.1 Contractor shall not assign, transfer, charge, subcontract or deal in any other manner with, whether voluntarily or by operation of law, all or any of your rights or obligations under this Agreement to a third party without the prior written notice to Oxfam Novib.
15.2 Oxfam Novib may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement to a third party. Oxfam Novib shall promptly notify Contractor of any such assignment, transfer, charging or subcontracting.
1 6 . G e n e r a l p r o v i s i o n s
16.1 No variation to this Agreement shall be valid unless it is in writing and signed by an authorized representative of both parties.
16.2 The Schedules annexed to this Agreement form part of this Agreement.
16.3 Contractor hereby acknowledges and confirms that prior to and/or at the date of the entry into this Agreement, Contractor has received, read and, where appropriate, completed and submitted the following documents:
(a) Description of Services (Schedule 1);
(b) Ethical Purchasing Policy;
(c) Oxfam Code of Conduct (non-staff).
(d) Oxfam Novib Security Policy
(e) Data Processing and Security Agreement (if applicable)
16.4 This Agreement and all documents hereto constitute the entire understanding and agreement between the parties in relation to the matters contained herein and therein and supersede any previous agreement or understanding, whether written or oral, between the parties in relation to such matters. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
16.5 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing by any means which leaves certifiable evidence of its reception date by the other party, and addressed to the other party at the address set out in this Agreement or such other address as may be notified by that party to the other in writing.
16.6 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach.
16.7 If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, so far as permissible, the validity of the other provisions and the remainder of the provision in question shall not be affected, and the invalid or unenforceable provision shall be deemed to have been replaced by a valid provision which creates rights and
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obligations for the parties that are as much as is legally permitted identical to those contained in the invalid provision.
16.8 No third party shall have any rights under this Agreement, other than as expressly permitted under the applicable laws.
16.9 This Agreement shall be exclusively governed by and construed in accordance with the laws of The Netherlands.
16.10 Any dispute - which shall be deemed to exist if one of the parties considers this is the case and only in case the dispute resolution procedure as referred to in paragraph 13 of this Agreement has not led to the dispute being resolved - arising out of or in connection with this Agreement shall be settled exclusively by the competent court of The Hague, The Netherlands, to whose exclusive jurisdiction the parties hereby irrevocably submit.
16.11 This Agreement and all the amendments thereto may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.
16.12 The Parties agree that this Agreement, and any notices hereunder may be transmitted between them by e-mail. The Parties intend that electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all Parties.
Please sign, date and return the enclosed copies of this Agreement.
Contractors sincerely,
[name], [function], Oxfam Novib
The contents of this letter are agreedFor and on behalf of OXFAM NOVIB Contractor Authorised Signatory
[date] [date][name] [name][function] [function]Oxfam Novib [name of contractors company][Oxfam Novib registered address] [company registered office address]
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Schedule 1: Description of Services
1. Services
1.1 [Add a detailed description of the Services to be carried out by the Contractor. This should include key deliverables / quality requirements / tasks / dates. If there are any service level requirements (e.g. time of response) these should also be specified.]
2. Duration
2.1 The provision of the Services is to commence on [DATE] and end on [DATE], unless this Agreement is terminated early in accordance with the terms of this Agreement, or is extended upon mutual agreement by the Parties.
3. Fees and expenses
3.1 The agreed fee as full remuneration for the Services under this Agreement shall be of [insert appropriate currency] [•].
3.2 [Please set out payment terms.]
3.3 [Payment of the agreed fee shall be staged on satisfactory delivery of the Services in accordance with the timescale below OR made on satisfactory completion of the assignment to the quality and timescale set out in this Schedule]. Oxfam Novib will pay such invoices within 30 days of the end of the month of receipt of the invoice.
4. [Please set out invoicing terms.]
Oxfam Novib Policies
Contractor agrees to carry out the Services in compliance with Oxfam’s Ethical Purchasing Policy and the Oxfam Code of Conduct
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