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RFP / ADAP / 09-07 CONSULTANCY SERVICES

REQUEST FOR PROPOSAL (RFP)

July 2009

UNITED NATIONS CHILDREN’S FUND (UNICEF)

Wishes to invite you to submit a proposal for

An Evaluation of UNICEF’s Programme and Work in Relation to Adolescents

SEALED Proposals should be sent to:

UNICEFIvan Donoso

RFP/ADAP/09-073 UN Plaza,

New York, NY-10017USA

IMPORTANT – ESSENTIAL INFORMATION

The reference RFP / ADAP/09-07 must be shown on the envelope containing the Technical Proposal and on the envelope containing the Price Proposal, as well as on the outer packaging containing both envelopes.

The bid form must be used when replying to this request for proposal.

The Proposals MUST be received at the above address by latest 5:00 pm NY time on 3 August 2009.

Due to the nature of this RFP, there will be no public opening of proposals.

Proposals received after the stipulated date and time will be invalidated.

It is important that you read all of the provisions of the request for proposal, to ensure that you understand UNICEF’s requirements and can submit a proposal in compliance with them. Note that failure to provide compliant proposals may result in invalidation of your proposal.

RFP / ADAP / 09-07 CONSULTANCY SERVICES

BID FORM

THIS PAGE/BID FORM must be completed, signed and returned to UNICEF. The Bid must be made in accordance with the instructions contained in this Request for Proposal.

TERMS AND CONDITIONS OF CONTRACTAny Contract or Purchase Order resulting from this INVITATION shall contain UNICEF General Terms and Conditions and any other Specific Terms and Conditions detailed in this INVITATION.

INFORMATIONAny request for information regarding this RFP must be forwarded by fax or e-mail to the attention of Mr. Ivan Donoso (fax # 212-824-6470 or e-mail: [email protected]) with specific reference to the Proposal Number.

The Undersigned, having read the Terms and Conditions of RFP / ADAP/09-07 set out in the attached document, hereby offers to supply the services specified in the schedule at the price or prices quoted, in accordance with any specifications stated and subject to the Terms and Conditions set out or specified in the document.

Signature: _____________________________________Date: _____________________________________Name & Title: _____________________________________Company: _____________________________________Postal Address: _____________________________________Tel. No.: _____________________________________E-mail: _____________________________________Validity of Offer: _____________________________________Currency of Offer: _____________________________________

Please indicate after having read UNICEF Payment Terms which of the following Payment Terms are offered by you:

10 Days, 3.0%______ 15 Day, 2.5%_______ 20 Days, 2.0%_________ 30 Days, Net________

Other Applicable Discounts: ______________________

RFP /ADAP/09-07 CONSULTANCY SERVICES

1.0 PROCEDURES AND RULES

1.1 ORGANISATIONAL BACKGROUND

UNICEF is the agency of the United Nations mandated to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. Guided by the Convention on the Rights of the Child UNICEF strives to establish children’s rights as international standards of behaviour towards children. UNICEF’s role is to mobilise political will and material resources to help countries ensure a “first call for children." UNICEF is committed to ensuring special protection for the most disadvantaged children.

UNICEF carries out its work through it headquarters in New York, 8 regional offices and 125 country offices world-wide. UNICEF also has a research centre in Florence, a supply operation based in Copenhagen and offices in Tokyo and Brussels. UNICEF’s 37 National Committees raise funds and spread awareness about the Organisation’s mission and work.

1.2 PURPOSE OF THE RFP

The overall purpose of the ADAP comprehensive evaluation will be to assess the results achieved in the promotion of the rights of adolescents in the last eight years (2001-2009) in order to provide UNICEF with evidence and strategies to inform a “second generation of programmes” for more efficient fulfillment of adolescent rights in all the MTSP focus areas. Findings will provide UNICEF with more clarity on the organization’s position on adolescents and young people, as a foundation for future strategic planning and programming. The evaluation will also better define a paradigm shift towards a positive development approach to adolescents and the benefits of child and young people’s participation. Results from this exercise will also support UNICEF in identifying its comparative advantage regarding adolescents and young people for a more effective partnership with other UN and partner agencies that have been increasingly involved in the area of youth programming.

1.3 FORECAST SCHEDULE

Bidders to confirm their intent to submit a proposal: 23 July, 5 PMClosing date and time: 3 August 2009, 5 PMSignature of contract: 28 August 2009Evaluation Tasks and Timeline: See Section 3.0 of TOR (Appendix 1)

1.4 RFP CHANGE POLICY

All requests for formal clarification or queries on this RFP must be submitted in writing to the Chief of Operations, Programme Group Mr. Ivan Donoso by e-mail at [email protected]; by fax at +1-212-824-6470 or by regular mail at UNICEF, 3 UN Plaza, NYC, NY 10017.

Only written inquiries will be entertained. Please be informed that if the question is of common interest, the answer will be shared with all potential RFP bidders.

Erasures or other corrections in the proposal must be explained and the signature of the applicant shown alongside. All changes to a proposal must be received prior to the closing time

mailto:[email protected]


and date. It must be clearly indicated that it is a modification and supersedes the earlier proposal, or state the changes from the original proposal. Proposals may be withdrawn on written request received from bidders prior to the opening time and date. Bidders are expected to examine all instructions pertaining to the work. Failure to do so will be at bidder’s own risk and disadvantage.

1.5 RFP RESPONSE FORMAT

Full proposals should be submitted in ENGLISH and must be received not later than 3 August 2009, 5:00 pm in three (03) original copies, duly signed and dated. Bidders must submit a sealed proposal, with two separate sealed envelopes inside for a) the Technical Proposal and b) the Price Proposal.

Sealed proposals must be securely closed in suitable envelopes and dispatched to arrive at the UNICEF office indicated no later than the closing time and date. They must be clearly marked as follows:

Outer envelope: Name of companyRFP / ADAP/09-07Ivan DonosoUNICEF, 3 UN Plaza, room 1058New York, NY 10017, USA

Inner envelope – technical proposal: Name of company, RFP / ADAP/ 09 – 07 - Technical Proposal

Inner envelope - price proposal: Name of company, RFP / ADAP / 09 – 07 - Price Proposal

Proposals received in any other manner will be invalidated.

Sealed proposals received prior to the stated closing time and date will be kept unopened. The responsible officers will open technical proposals when the specified time has arrived and no proposal received thereafter will be considered. UNICEF will accept no responsibility for the premature opening of a proposal not properly addressed or identified. Any delays encountered in the mail delivery will be at the risk of the bidder.

Offers delivered at a different address or in a different form than prescribed in this RFP, or which do not respect the required confidentiality, or received after the designated time and date, will be rejected.

All references to descriptive materials should be included in the appropriate response paragraph, though the material/documents themselves may be provided as annexes to the proposal/response.

The bidder must also provide sufficient information in the proposal to address each area of the Proposal Evaluation contained in 1.10 to allow the evaluation team to make a fair assessment of the candidates and their proposal.


1.6 BIDDER RESPONSE

1.6.1 Formal submission requirementsThe formal submission requirements as outlined in this Request for Proposal must be followed, e.g. regarding form and timing of submission, marking of the envelopes, no price information in the technical proposal, etc.

1.6.2 Bid FormThe completed and signed bid form must be submitted together with the proposal.

1.6.3 Mandatory criteriaAll mandatory (i.e. must/have to/shall/should) criteria mentioned throughout this Request for Proposal have to be addressed and met in your proposal.

1.6.4 Technical ProposalThe technical proposal should address all aspects and criteria outlined in this Request for Proposal, especially in its statement of work, Terms of Reference (Annex 1) and paragraph 1.10 of this Request for Proposal. However, all these requirements represent a wish list from UNICEF. The bidders are free to suggest/ propose any other solution. UNICEF welcomes new ideas and innovative approaches.

To ensure consistency for comparison, the proposal shall include, as a minimum:

Proposed methodology, expanding on the outline provided here, and including key assumptions, and proposals for document analysis, qualitative and quantitative data collection and analysis, stakeholder participation, building consensus, feedback and reporting.

o Proposed methodology should include two possible scenarios for conducting Country Case Studies, as detailed in the Terms of Reference, Section 2.5 (Annex 1).

Evaluation work plan, showing tasks, timelines and allocation of work to team members.

CV/Résumés of all evaluation team members, highlighting experience relevant to this evaluation. Individual CVs should not exceed 4 pages.

Contact details of at least two references from among recent employers or clients for each team member.

Company / organization profile, as relevant to the evaluation. Compliance with UNICEF General Terms and Conditions.

No price information should be contained in the technical proposal.

1.6.5 Price Proposal

The price proposal should be as per but not limited to paragraph 1.10 of this Request for Proposal.

The price proposal should include costs for professional fees, travel, overhead and administrative expenses.

o Note that two costing packages should be included in the price proposal regarding


two possible scenarios for conducting Country Case Studies, as detailed in Section 2.5 of the TOR (Annex 1).

UNICEF would be interested to receive proposals including elements of cost-sharing or pro bono support to the evaluation.

1.6.6 Checklist for submission of proposals

Bid form filled in and signed

Envelope for technical proposalo Technical proposalo Technical proposal does not contain priceso Envelope is sealedo Envelope is marked as follows:o Name of company, RFP number - technical proposal

Envelope for price proposalo Price proposalo Envelope is sealedo Envelope is marked as follows:o Name of company, RFP number - price proposal

1 outer envelopeo Containing bid form, envelope for technical proposal, and envelope for

price proposalo Envelope is sealedo Envelope is marked as follows:

Name of companyRFP / ADAP/09-07Ivan DonosoUNICEF, 3 UN Plaza, room 1058 New York, NY 10017USA

1.7 CONFIDENTIAL INFORMATION

Information, which the bidder considers proprietary, should be clearly marked "proprietary", if any, next to the relevant part of the text, and UNICEF will treat such information accordingly.

1.8 RIGHTS OF UNICEF

UNICEF reserves the right to accept any proposal, in whole or in part; or, to reject any or all proposals. UNICEF reserves the right to invalidate any Proposal received from a Bidder who has previously failed to perform properly or complete contracts on time, or a Proposal received


from a Bidder who, in the opinion of UNICEF, is not in a position to perform the contract. UNICEF shall not be held responsible for any cost incurred by the Bidder in preparing the response to this Request for Proposal. The Bidder agrees to be bound by the decision of UNICEF as to whether her/his proposal meets the requirements stated in this Request for Proposal. Specifically, UNICEF reserves the right to:

contact any or all references supplied by the bidder(s); request additional supporting or supplementary data (from the bidder(s)); arrange interviews with the bidder(s); reject any or all proposals submitted; accept any proposals in whole or in part; negotiate with the service provider(s) who has/have attained the best rating/ranking, i.e.

the one(s) providing the overall best value proposal(s); contract any number of candidates as required to achieve the overall evaluation

objectives.

1.9 PROPOSAL OPENING

Due to the nature of this RFP, there will be no public opening of proposals.

1.10 PROPOSAL EVALUATION

After the opening, each proposal will be assessed first on its technical merits and subsequently on its price. The proposal with the best overall value, composed of technical merit and price, will be recommended for approval. UNICEF will set up an evaluation panel composed of technical UNICEF staff and their conclusions will be forwarded to the internal UNICEF Contracts Review Committee.

The evaluation panel will first evaluate each response for compliance with the requirements of this RFP. Responses deemed not to meet all of the mandatory requirements will be considered non-compliant and rejected at this stage without further consideration. Failure to comply with any of the terms and conditions contained in this RFP, including provision of all required information, may result in a response or proposal being disqualified from further consideration.

The assessment of the proposals will use the following criteria and weighting:


Criteria Weighting 1. Technical (subcriteria as follows) 70 points as

follows.A. Team profile (as per criteria in section Annex 1, Section 2.10 (TOR)

30 points

B. Proposed methodology (relevance, logic, rigour, practicality, creativity)

25 points

C. Evaluation work plan (clarity, fit with timetable, resource allocation)

15 points

2. Price (subcriteria as follows) 30 points as follows

A. Price Proposal: ValueProvided:

Fees for providing the services laid out in the RFP, including professional fees, travel costs, overhead and administrative/miscellaneous expenses.o Price proposal should include costs for possible

scenarios for conducting Country Case Studies as detailed in Section 2.5 of the TOR (Annex 1).

25 points

B. Price Schedule – Mandatory.Provided:

Proposed pricing schedule. If applicable/offered, discount payment terms.

5 points

Total 100 points

NOTE: The maximum number of points will be allotted to the lowest Price Proposal that is opened. Other opened Price Proposals will receive points in inverse proportion to the lowest price. i.e. The points score for any Price Proposal under consideration will be equal to 30 x (Total of lowest Price Proposal / Total of Price Proposal under consideration).

For Bid evaluation and comparison purposes all considered Price Proposals will have their prices converted into US Dollars using the same exchange rate (based on the UN exchange rate relevant at the time of evaluation). All prices/rates quoted must be exclusive of all taxes as UNICEF is a tax-exempt organization.

UNICEF will award the contract based on each Bidder’s evaluated total of Technical Proposal points and Price Proposal points. If required by internal UNICEF processes the conclusions of the RFP Bid Evaluation Panel will be forwarded to the internal UNICEF Contracts Review Committee for further comment.

1.11 PROPERTY OF UNICEF

This RFP, along with any responses there to, shall be considered the property of UNICEF and the proposals will not be returned to their originators. In submitting this proposal the bidder will accept the decision of UNICEF as to whether the proposal meets the requirements stated in this


RFP.

1.12 VALIDITY

Proposal must be valid for a minimum of ninety (90) days from the date of opening of this RFP and must be signed by all candidates included in the submission. For proposals from institutions, the proposal must also be signed by an authorised representative of the institution. Bidders are requested to indicate the validity period of their proposal in the Proposal Form. UNICEF may also request for an extension of the validity of the proposal.

1.13 CONTRACTUAL TERMS AND CONDITIONS

The UNICEF Special and General Terms and Conditions are attached and will form part of any contract resulting from this RFP.

1.14 FULL RIGHT TO USE AND SELL

The bidder warrants that it has not and shall not enter into any agreement or arrangement that restrains or restricts UNICEF or the recipient Governments rights to use, sell, dispose of or, otherwise, deal with any item that may be acquired under any resulting Contract.

1.15 PAYMENT TERMS

Payment will be made only upon UNICEF’s acceptance of the work performed in accordance with the contractual milestones. The terms of payment are Net 30 days, after receipt of invoice and acceptance of work. Payment will be effected by bank transfer in the currency of billing. Financial proposals should include proposed stage payments.


ANNEX 1 – TERMS OF REFERENCE

Consultancy Services for an Evaluation of UNICEF’s Programme and Work in Relation to Adolescents

1.0 BACKGROUND INFORMATIONThe UN and the World Bank have produced data showing that the world now has the largest population of young people in human history, representing up to 30 per cent of the global population1. The number of adolescents and young people is estimated at 2.2 billion2, the highest in the history of humanity. In particular, the urban populations of Asia and sub-Saharan Africa will double in less than a generation and more than 50 percent of these will be urban dwellers under the age of 25.3

Youth represent 25 per cent of the working age population4 and account for 47 per cent (88 million) of the world’s unemployed. An estimated 515 million young people, nearly 45 per cent of the total, live on less than two dollars a day. In many post-crisis transition countries, over half the population is younger than 25 and many of them are teenagers. Half of the world’s out-of-school population of 39 million children live in conflict-affected countries. The 10-year Strategic Review of the Graça Machel Study5, presented to the UN General Assembly in 2007, reported that more than 40 countries illegally recruit or use children, many of them adolescents, in armed conflict. Globally, over 18 million children are affected by forced displacement.

Evolving Approach to Adolescent Rights in UNICEF The above data illustrates that many adolescents and young people live in contexts where they have limited access to health services, education and livelihood opportunities. Therefore, in the 1990s, UNICEF began to give more emphasis than before to programming for and with young people. This led principally to innovative programming in HIV/AIDS prevention, child protection and interventions in conflict-affected countries. It also gave more priority to the rights of over-aged primary school or out-of-school older children and stronger measures to protect adolescent victims of sexual abuse, harmful social norms, and economic exploitation.

In 1999 at meeting in Tarrytown, New York, UNICEF policymakers and programme managers drafted a vision for our organization’s work beyond the year 2000. The group rededicated the organization to making a difference for children during their most “defining moments”: at birth, during their early and school-age years and in adolescence, which was described as “a period which determines whether or not adulthood will be worth living”. While UNICEF would continue to devote most of its resources to the early and school-age years, the group agreed that, in line with the Convention on the Rights of the Child (CRC), older children should be given more support. At this point adolescent issues were located in the Health section and generally used a problem-focused approach.

1 2007 World Population Report2 The World Youth Report 2005 is also available at www.un.org/youth 3 Lansdown, G., 2004, Programming Strategy with and for Adolescents in East Asia and Pacific, Bangkok.4 ILO, 2005. Global Youth Employment Trends, p. 8. 5 1996 Graca Machel Study and GA Resolution

http://www.un.org/youth


In 2001, the Adolescent Development and Participation (ADAP) Unit was established in New York to provide programme support and technical guidance to country and regional offices on promoting respect for the health, education and protection rights of adolescents. This unit challenged the problem-focused approach and asserted an asset-based, participatory, and developmental approach. Following the UN General Assembly Special Session on children in 2002, the mandate and work of UNICEF expanded to include promoting adolescent rights to participation and empowerment, as well as partnerships with adolescents’ and young peoples’ organizations and networks.

In 2003 the Committee on the Rights of the Child issued a General Commitment No. 4 in which it urged states to give greater attention to the specific concerns of adolescents as rights holders and to promote the health and development of this often-neglected age group. Since then, adolescents’ and young peoples’ issues have begun to feature more prominently in social and economic policy frameworks in most countries and are increasingly a part of the humanitarian response in countries in or emerging from conflict. More than 40 UNICEF country programmes now have discrete adolescent-related components and many more are implementing projects that address adolescent needs and rights in some way. All regional offices have adolescent focal points and an increasing number of country offices have created adolescent-related posts, especially in Latin America and the Caribbean, CEE/CIS, the Middle East, and Asia. UNICEF country offices and national committees are investing more than before in advocacy work around adolescent issues. More priority has been given to the education rights of over-aged primary school or out-of-school older children and the development of adolescents’ and young people’s organizations and networks.

Partnerships with NGOs specializing in the protection of adolescents and young people have made it possible to include the participation of young people in many activities, including research, planning, monitoring and evaluation. This has increased the capacity of UNICEF country offices to work with international and national networks of youth-serving organizations, youth-led groups and faith–based organizations.


2.0 TERMS OF REFERENCE FOR THE STUDY2.1 RATIONALE FOR EVALUATION

The Adolescent Development and Participation Unit (ADAP) was established in the Programme Division in Headquarters in New York at the end of 2001 to provide programme support and technical guidance in the area of adolescent health and development. This decision followed the recognition that UNICEF had paid inadequate attention to adolescent children. The mandate of ADAP was expanded following the UN Special Session on children in 2002 as a cross-cutting area of programming with focus on adolescent rights including participation and development.

This evaluation emerges as a result of three different requirements to assess the work of UNICEF in relation to adolescents. Firstly, in the agreement between SIDA and UNICEF for the second phase of the “Promoting the Rights of Adolescents Project” (2006-2009), ADAP committed to carry out a project evaluation. Secondly, ADAP received tsunami-related funds to carry out an evaluation of the impact of the tsunami humanitarian response on adolescents and young people. Thirdly, as part of the monitoring and evaluation exercises of the MTSP, ADAP is to carry out an evaluation of impact of child and young people’s participation in UNICEF’s country programmes. As these evaluations are taking place concurrently, and as they overlap thematically, ADAP proposes to conduct a single comprehensive evaluation of the adolescent and participation programme within UNICEF rather than three separate evaluations.

Moreover, after more than a decade of work through UNICEF and eight years of strategic efforts through the ADAP Unit to assure the integration of an adolescent rights perspective into all levels of UNICEF’s work, the time is ripe to evaluate and reflect upon this work. This Terms of Reference (TOR) combines the various needs and objectives of the three evaluation requests into one comprehensive evaluation design that will examine multiple levels and aspects of UNICEF’s work related to the integration of adolescent rights, with a particular focus on child and young people’s right to participation.

2.2 PURPOSE The overall purpose of the ADAP comprehensive evaluation will be to assess the results achieved in the promotion of the rights of adolescents in the last eight years (2001-2009) in order to provide UNICEF with evidence and strategies to inform a “second generation of programmes” for more efficient fulfillment of adolescent rights in all the MTSP focus areas. Findings will provide UNICEF with more clarity on the organization’s position on adolescents and young people, as a foundation for future strategic planning and programming. The evaluation will also better define a paradigm shift towards a positive development approach to adolescents and the benefits of child and young people’s participation. Results from this exercise will also support UNICEF in identifying its comparative advantage regarding adolescents and young people for a more effective partnership with other UN and partner agencies that have been increasingly involved in the area of youth programming.

In addition, there are three specific purposes driven by each of the three separate requests for evaluation:


To provide UNICEF and SIDA with information on the effectiveness and impact of the programme for the mainstreaming of adolescent rights in UNICEF work, but also of the gaps and uncovered needs towards achievement of the programme objectives. This will help in the preparation of an exit Phase III of the SIDA funding.

To provide UNICEF with evidence on adolescent focused programming in the tsunami response for further articulation of humanitarian programmes and policy in relation to adolescents and young people.

To provide evidence of the quality and impact of child and young people’s participation in country programmes as a contribution to the M&E of the MTSP in relation to Key Result Area 4, Focus Area 5.6 This evidence will also support several other functions:

o It will contribute towards preparation of a technical note on the integration of meaningful participation in all Focus Areas;

o It will provide input to the production of a handbook for governments on the General Comment Article 12 on meaningful child participation;

o It will help in the conceptualization of “civic engagement” as a new area of work emerging from the Organizational Review.

2.3 THE PRE EVALUATION PHASEDue to the broad scope of this evaluation and the fact that it was the first attempt to evaluate this crosscutting area of work, two distinct phases of evaluation have been determined necessary: a pre-evaluation phase (Phase I from November 2008 – May 2009) and a full evaluation phase (Phase II from July – December 2009). The goal of the pre-evaluation phase was to gather data that would shape the terms of reference (TOR) for Phase II. This included addressing questions related to the types of strategies employed, their level of intensity, and their “readiness” for a full-evaluation during Phase II.

The pre evaluation phase consisted of a desk review of the ADAP programme documents, comprehensive mapping of adolescent focused projects/programmes and consultations with HQ colleagues from the Division of Policy and Practice (DPP) and our Programme Division (PD). Over 50 documents were consulted during the desk review including regional and global strategies and frameworks for working with adolescents, evaluations and case studies of UNICEF programs for young people in emergencies and transitions, progress reports submitted to SIDA, and documents from ADAP’s Learning Series, and Annual Reports, among others.

These methods yielded the following products that will be used as reference documents: a) This TOR for Phase II of the comprehensive evaluation, which also includes a matrix

that lists possible countries for the case studies for the Second Phase based on a set of criteria that included: programme maturity; multi-sectoral activities; and sustainability.

b) Seven regional summaries of the initiatives/projects/programmes related to adolescent development and participation, to be used as references in the comprehensive evaluation process.

c) A global summary of the initiatives/projects/programmes related to adolescent development and participation, to be used as a reference in the comprehensive

6 Key Result Area 4 of Focus Area 5 of UNICEF’s medium-term strategic plan (MTSP) sets an organizational target for UNICEF to support its partners to enable the opinions and views of children to be taken into account in the creation and implementation of policies and programmes that affect their lives at all levels, in accordance with their evolving capacities, including in contexts of conflict and transition.


process.d) A Summary of Findings from the pre-evaluation activities

2.4 OBJECTIVESThe objectives of the evaluation of the UNICEF programmes and policies for adolescent rights are to:

Gain a clear understanding of how and to what extent adolescent rights have been integrated across focus areas of the MTSP, at global, regional and country levels. This will include a special consideration for the countries in emergency and post-conflict transition situations.

Determine the quality and impact of UNICEF’s work in promoting child and young people’s participation at all levels (HQ, RO, CO, and NatCom), specifically exploring:

o Types and levels of participatory practices.o Integration of participatory practices within and across Focus Areas and technical

sectors.o Sustainability of initiatives, projects and programs.

2.5 SCOPE AND FOCUS

The evaluation will make assessments at all levels of the organization - HQ, regional and country. The evaluation will be undertaken in accordance with United Nations’ Norms and Standards for Evaluation.

Below are a set of guiding questions to be answered by the evaluation team. As noted, these include two types of questions, “descriptive” and “normative,” each of which requires a different presentation of response on the part of the evaluator, as follows:

1. Descriptive Questions/Issues: These require well organized narratives about the visible and less visible facts of UNICEF’s work in relation to adolescents. The compilation of this information is inherently valuable by capturing for organizational memory what have been diffuse and mutable processes with a high degree of adaptation to local contexts. This institutional history is also the fundamental data base required for the second part.

2. Normative Questions: These require the evaluators to make explicit the criteria for deciding whether the evidence shows strengths or weaknesses, and then to apply these norms to generate persuasive conclusions about how to proceed. The evaluators are required to weigh the evidence to help identify what has worked or not, and why.

♫ Important note: the following question sets present the most important descriptive and most important normative questions for each theme. Answering these will be the basis for determining if the work has been satisfactorily completed. However, it is expected that additional information will need to be collected and presented to provide the comprehensive answers sought. Detailing this implied information base will be an important element of the inception phase.

A. UNICEF AND ADOLESCENT RIGHTS


What is UNICEF’s corporate concept and approach to Adolescent Rights and Development, as reflected in guiding documents at the HQ, RO, CO and NatCom Levels? (descriptive)

How accurate and consistent is the understanding of the corporate concepts and approaches for Adolescent Rights and also Adolescent Development by key decision-takers throughout the organization? (descriptive)

Are inaccurate and inconsistent conceptualizations or understandings leading to poor decisions, damage to UNICEF’s reputation, or any other problems that may substantially interfere with the possible success of UNICEF’s programming with and for adolescents?

How is UNICEF implementing a life cycle approach to address the needs and rights of adolescents? (descriptive)

What guidance/framework/tools for programming for adolescents are available to UNICEF? (descriptive)

o Which ones are most effective in promoting an integrated approach to fulfilling adolescent rights? (normative)

o Which ones are most effective in promoting the rights of marginalized and vulnerable? (normative)

o What are the significant gaps in these available programming guidance/framework/tools? How can they be strengthened and improved? (normative)

What are the promising practices within the MTSP focus areas in achieving rights for adolescents? (normative)

o What practices can be identified as models that can be applied and/or scaled up in any of the Focus Areas, both in relation to technical areas and cross-cutting areas? (normative)

o What are the good examples of programming with and for adolescents to create policies, legislation, advocacy, and partnerships (including those with young people) that effectively promote adolescent rights and development? (normative)

o What are the examples of effective technical support available to and used by the ROs, Cos and Natcoms? (normative)

How is UNICEF structured internally to facilitate implementation of programming to protect and fulfill adolescent rights (e.g. with respect to knowledge management, funding, funding, human resources, partnerships, organizational structure and set up) in both program countries and industrialized countries? (normative)

B. ADOLESCENT RIGHTS PERSPECTIVE IN EMERGENCIES AND TRANSITION

To what extent are adolescent rights reflected in guidance/framework/tools for emergency preparedness and response planning, e.g. Core Commitments for Children In


Emergencies, the Emergency Preparedness and Response Plans, and other emergency related tools?

How and to what extent are adolescent rights addressed in programming in natural disasters and conflict-related emergencies, including the 2004 Tsunami?

Is there a marked difference in the integration of adolescent rights and needs in programming in the three phases of emergencies and transitions: 1) preparedness 2) response to natural disasters and conflicts; 3) recovery and post-emergency transition?

C. PARTICIPATION RIGHTS

UNICEF Policies and Programmes

What actions are being taken by UNICEF at all levels to support children and young people in sharing their opinions and views, and ensuring that they are taken into account in policies and decisions that affect their lives in home, schools, and communities, as mandated in Focus Area 5, Key Result Area 4? (descriptive)

At what stages of the programme cycle, and in what roles are young people participating in UNICEF supported activities within all focus areas and technical sectors? (descriptive)

What are the promising participatory approaches that provide lessons or models that can be applied and/or scaled up in any sector or programming area? (normative)

Participation in Global Advocacy

How, and by whom, are advocacy events in which children and young people participate initiated and supported? (descriptive)

Is there evidence that children’s participation in global and regional campaigns, events and initiatives has an impact on policies?

How cost-effective is the policy impact of events, as relates to the investment of funds and staff?

To what extent has UNICEF been effective in ensuring that young people’s representation of their peers in these processes upholds the principles of accountability (to their constituents)? (normative)

To what extent is UNICEF taking actions, and succeeding in supporting inclusiveness with respect to marginalized and vulnerable children and young people? (normative)

Meaningful participation

To what extent has UNICEF been effective in ensuring the principles of ethical and meaningful participation are realized in its policies and programmes? (normative)


What evidence (if any) shows UNICEF’s effectiveness in ensuring the institutionalization and sustainability of young people’s participation in programming and policymaking processes at the community,7 national, regional and global levels? (normative)

2.5 STUDY PROCESSES AND METHODS

The complexity of this evaluation requires a multi-pronged approach that gathers data from all levels of UNICEF (i.e., CO, RO and HQ), and from key partners within selected countries. Six specific methods are proposed to address the evaluation questions and objectives outlined above, which are listed below. If teams bidding for this project feel that other methods are critical to the success of this evaluation, those should be detailed in the proposal with an explanation of the added value these methods will bring to the final product.

I. EXISTING DOCUMENT REVIEWExtensive archives from the Phase 1 desk study will be available for use. This will inlcude the outcomes of the Evaluation Phase I: A Global and Seven regional summaries of the initiatives, projects and programmes related to adolescent development and participation, as well as a Summary of the key findings. In addition, it is expected that the consultants will gather and review approximately 35 documents of an average length of 30-50 pages from HQ, regional and country offices.

II. ONLINE SURVEY AND INTERVIEWS WITH SENIOR MANAGEMENTA survey will be developed and administered to 20-25 senior staff from all heads of sections and divisions at HQ. Data drawn from this survey will provide a clear understanding of the extent to which the organization has embraced the strategic shift towards children in the ‘second decade of life.’ In addition, findings from some surveys will also be complemented by follow-up interviews with senior management at the HQ and regional levels.

III. COUNTRY LEVEL SURVEYAn on-line survey on child participation will be developed, launched and disseminated to all 180 (plus) country offices. This survey will measure a number of key indicators related to participation: the integration of adolescent rights with a specific emphasis on the right to participation; human resources and capacity; contextual challenges; the level and quality of participatory opportunities for young people within the country; and the identification of promising practices in child and young people’s participation.

IV. FOCUS GROUPS DURING UNICEF GLOBAL AND REGIONAL MEETINGSConsultants will design questions for and conduct focus groups during the potential UNICEF thematic regional and global meetings. The purpose of these focus groups will be to include a broader spectrum of sectoral colleagues and understand the ways in which they have conceptualized, integrated, and implemented an adolescent rights perspective; and to begin to explore possible cross-cutting strategies and practices. To minimize cost, some of these focus groups will be conducted through videoconferencing technologies available at UNICEF HQ and ROs.

7 Examples of young people’s participation at the local level include participation in school leadership, municipal decision making, children’s and young people’s councils, youth centers and children’s or young people’s clubs.


V. COUNTRY CASE STUDIES Visits to at least three COs, each in a different region, will be conducted to gather information on, and analyze UNICEF’s work in relation to adolescents’ rights in those countries. The selection of these case study sites will be based on key criteria derived from pre-evaluation desk review and interviews (such as level of support from regional office, level of activity related to developing enabling environments (i.e., policies, strategies, knowledge management, and partnerships and networks), amount of work related to emergencies and protection, level of sustained projects and level of sustained participatory projects) (see Appendix A for a list of 30 possible countries for case studies). Each case study will take approximately 10 working days, each involving two consultants per case.

Case study methods will include: Interviews and focus groups with UNICEF personnel, government, partners (including

young people) and other representatives of UN sister agencies and NGOs involved in adolescent rights, development and participation.

Self-assessment workshops with country offices. This workshop will mirror the strategy used in the gender mainstreaming evaluation and will engage UNICEF country level staff in assessing their documents, strategies, policies, programmes, and projects from a adolescent rights perspective. In addition, these workshops will focus on CO and country capacity to mainstream adolescent rights, identifying accelerators and challenges.

Self-assessment of participation quality within different sectors (youth parliaments, life skills, HIV/AIDS peer education, adolescent friendly schools, etc). Each of the three countries will identify three projects in which young people are participating, within at least two different sectors. During this self-assessment process, adolescents and staff members from these programs will assess the quality of participation within their own organization and the degree to which they have positively impacted adolescent development and rights.

The countries for case studies would include three of the following: Cameroon, OPt, Tanzania, Colombia, Philippines, Kosovo, Nepal. Bidders are to provide a set of costs for conducting these case studies in two possible scenarios, as follows:

One set of costs should be based on the assumption that case studies will be conducted through field visits to country offices. In this case UNICEF will reimburse all travel expenses at an economy rate, and will reimburse food and lodging expenses at maximum at the UN standard Daily Subsistence Allowance (DSA) rates. The optimal number of days for country visits should be provided.

A second set of costs should be based a substitute formula of a cost effective means to acquire the necessary information, should country visits not be affordable. A description of the substitute formula should be included in the proposal.

VI. ADOLESCENT PARTICIPATION IN EVALUATIONIn an effort to engage young people in this evaluation process, a survey of young people will be developed and disseminated on Voices of Youth. This survey will invite young participants (approximately 300 in number in different regions) to respond to questions about their knowledge and experience in partnering with UNICEF, and how this has impacted their lives and the lives of young people in their community.


The following flow chart outlines the timeline and sequence of actions taken for this evaluation:

Phase II: August 09 – January 2010

Methods

Survey of HQ Senior Management

Existing Document Review

Country Level Surveys

Focus Groups with Sectoral Colleagues

Country Case Studies

Survey of Young People

Products

Final evaluation report on UNICEF’s program and work in relation to adolescents, with conclusions and recommendations on next steps

FINALRESULT

Second Generation of Approaches

and Strategies for more effective

promotion of adolescent rights in all

MTSP Focus Areas

Phase I: Nov. 08 – May 09

Methods

Desk Review

Stakeholder interviews with staff at HQ

Products

One Global Report (Draft)

Seven Regional Reports (Drafts)TOR for Phase II, including:

Summary of Pre-evaluation Findings

Matrix of possible countries for case studies


2.6 TRANSPARENT BENCHMARKS AND COMPARISONS

For all comparisons, and in all discussions of the normative questions, the evaluators must be clear what is to be considered as a “good” standard and what is to be considered as a “poor” or “not met” standard. Where possible, UNICEF is looking for good practice benchmarking that will form the basis of quality design and assessment efforts in future programming in relation to adolescents. The benchmarks must be clearly described and convincing that they are both valid and reliable.

2.7. ETHICAL ISSUES

The evaluation may have substantial contact with children as informants, or as participants carrying out this study. In all contacts with children, the UNICEF ethical guidelines regarding issues like confidentiality and not exposing the child to danger must be respected.

Within the consultants’ reports, individuals should not be identifiable directly or indirectly. Care should be taken when reporting statements or interviews. When in doubt, it is recommended to feedback to the informant and ask them to confirm their statements.

All informants will be offered the option of confidentiality, for all methods used.

No participant other than UNICEF staff may be compelled to cooperate with the evaluation.

Dissemination or exposure of results and of any interim products must follow the rules agreed upon in the contract. In general, unauthorized disclosure is prohibited.

Any sensitive issues or concerns should be raised with the evaluation management team as soon as they are identified.

2.8 STAKEHOLDER PARTICIPATION

Stakeholder Groups Participants (others to be added as identified)

Role

UNICEF - HQ Heads of sections, ADAP Team Members

Complete questionnairesParticipate in follow-up interviewsParticipate in focus groups at regional meetings

UNICEF Regional Offices

Heads of Regional offices, Regional adolescent focal points and Planning Officers

Provide feedback to finalize regional summary of dataProvide documents for document reviewParticipate in focus groups and interviews

UNICEF Country Offices

Staff in all country offices, especially those attending regional and global meetings,

Provide documents for document reviewRespond to surveys


and those in 3 countries selected for case studies

Participate in focus groups Participate in self-assessment exercises

UNICEF Partner Organizations, including those led by young people

Partner organizations in 3 countries selected for case studies

Participate in focus groups Participate in self-assessment exercises

Young people in UNICEF Programme Countries

Voices of Youth members Respond to survey on Voices of Youth

As part of the initial work, the evaluation team and the steering committee will specify when and in what way the stakeholders will be engaged in items such as the evaluation planning and design, data collection and analysis, reporting and dissemination, and/or follow-up.

As noted above, in the spirit of collective contributions toward the best product, the evaluation team may elect to or may be asked to establish informal mechanisms for dialogue with stakeholders before-during-after the evaluation; for example, to set up a feedback mechanism or blog that will allow constructive and open comment from a wider range of sources than identified key informants.

2.9 ACCOUNTABILITIES

Responsibilities related to this consultancy will be divided as follows:

2.9.1 EVALUATION TEAM

Under the guidance of the Steering Committee, the Evaluation Team (and specifically the Team Leader) will be responsible for:

Further developing and agreeing upon the final TOR and methodology. Implementing the evaluation with adequate attention to building ownership of common

analysis and recommendations. Developing and testing data collection tools, including questionnaires, interview

questions, and workshop protocols. Ensuring systemic data collection and data processing. Designing and facilitating workshops or meetings. Preparing and delivering draft and final reports and presentations. Ensuring that the steering committee is regularly and fully informed of the progress of the

evaluation, including any challenges encountered, possible causes of delays and issues for UNICEF to resolve; all of these will be included in short bi-weekly status reports, according to the standard Evaluation Office format.

Completing the evaluation on time and within budget.

2.9.2 MANAGEMENT COMMITTEE

The Management Committee will be headed by ADAP, and will include members of the ADAP Unit and Evaluation Office. The Management Committee will be responsible for the following:


Selection and orientation of the evaluation team. Liaison with the evaluation team. Collection of relevant internal materials. Facilitation of new data collection--e.g. set up intranet questionnaires; admin support to

trips. Coordination of stakeholders. Securing agreement of country and regional offices for field visits. Review and acceptance of intermediate and final products in collaboration with the

Steering Committee. Authorizing payment.

Important note: UNICEF may elect to designate a project manager for the evaluation. The project manager may share or have direct accountability for some or all of the management committee items.

2.9.3. STEERING COMMITTEE

The Steering Committee will be chaired by a representative from the Evaluation Office and will include key members of the GRaCE and one or two members of relevant units from the Programme Division (possibly HIV or Protection). The Steering Committee will, meet as needed (a likely interval of meetings is every two weeks). The Steering Committee is responsible for:

Agreement on the TOR. Oversight of the consultants’ short-listing and selection processes; approval of key

aspects of evaluation design and processes and any adjustments to TOR. Ensuring the evaluation process (internal an external phases) involves key

stakeholders adequately, to ensure ownership of analysis and recommendations. Approval of evaluation products. Decisions on a post-evaluation dissemination strategy. Approval of the final report. Presentation of the final report and update on development of the Plan of Action.

2.9.4. REFERENCE GROUPThe evaluation Reference Group will be composed of ADAP Regional Focal Points and Regional Planning Officers. The Reference Group will work via email and will meet once to consider the draft findings of the evaluation. The Reference Group will provide feedback and input, as required, on the first draft report, and final reports and will also be involved in the development of the revised strategy and Plan of Action.

2.10 STUDY TEAM COMPOSITION

2.10.1 PERSONNEL

It is anticipated that the evaluation will be undertaken by a team of consultants who are well versed in evaluation methods and strategies and who are experts in the area of adolescent and child rights. To the degree possible, the team will be composed of consultants from diverse backgrounds. The time period for the evaluation is fairly limited therefore the team must be


equipped to undertake multiple tasks simultaneously. During the fieldwork and case study phase of the evaluation, the team will need to include at least four consultants to manage parallel tasks. Consultants must have a mix of relevant experience in adolescent rights, leading evaluations, and regional and cross-regional studies. The team members should have experience in working cross-culturally in development and/or humanitarian action.

Positive consideration will be given to teams with gender balance and which include regional and/or national evaluation consultants with relevant experience. Specialized support consultants or staff (e.g. communication, IT etc.) should be identified in the proposal in addition to the core consultants.

The Evaluation Team must include a designated leader. The numbers of team members is for the bidding organization to decide, subject to the competencies listed below.

Portions of the work may be sub-contracted to consulting firms or academic bodies. If this is anticipated, the names and qualifications of the key persons to be involved, and confirmation of their availability must be provided.

2.10.2 REQUIRED COMPETENCIES

2.10.2.1 Team Qualifications

As a whole the Evaluation Team must offer the following demonstrated experience, knowledge and competencies:

Significant knowledge and experience of evaluation concepts and approaches Good knowledge of the UN system, national programmes, INGOs and IGOs Recent experience with adolescent rights issues Sound understanding of human rights-based approaches, specifically the

Convention on the Rights of the Child (CRC) Sound understanding of child and adolescent participation Consultancy experience in developing countries Facilitation skills, particularly design of stakeholder consultation exercises Strong quantitative and qualitative data collection and analysis skills Additional language skills in two UN languages – French and Spanish Excellent analytical and communication skills Demonstrated writing skills in English Computer literacy with specific regard to Word, Excel and PowerPoint Post-graduate degree in social sciences or international development.

2.10.2.2 Team Leader Qualifications

The Team Leader must have demonstrated capacity in evaluation and strategy development, especially related to adolescent rights and participation. Ideally, the Team Leader will be a known leader in the field. The Team Leader should have:

A minimum of 10 years working experience in international development and a very good understanding and experience of the UN system, including 7 years in senior level evaluation activities.


Ten years of experience in conducting and leading corporate/organizational evaluations

Experience in assessing institutional capacities on child and adolescent rights Sound knowledge of and/or experience with mainstreaming right-based

approaches into policies, strategies and programming Excellent analytical and communication skills Demonstrated excellent report writing skills in English Computer literacy with specific regard to Word, Excel and PowerPoint Post-graduate degree in social sciences or international development.

2.10.3 PARTICIPATION OF PRESENT AND FORMER UNICEF STAFF AND CONSULTANTS

All current UNICEF staff may be involved only as informants or in other specific roles (e.g. member of the steering committee). They may not be evaluation team members.

Former UNICEF staff or consultants that have worked on programming in relation to adolescents may be members of the evaluation team if they meet technical qualifications for skills, independence etc. They should identify their prior involvement in order to work around any possible conflicts of interest.

2.11 PROCEDURES AND LOGISTICS

The consultants will provide their own computers. On an as-needed basis, consultants will be granted access to UNICEF data bases and necessary software to utilize them.

For field visits and visits to UNICEF HQ consultants will be supported by UNICEF country and regional offices to the extent possible.

It is to be decided where the administration of funds is to be located. If it is located with the consultants, the will be responsible for accurately forecasting and staying within the budget envelope for the following items:

compensation, accommodation, food, travel and appropriate insurance of the contractor’s workers, both international and local. This includes life and health insurance, incentives, hazard pay.

transport for Contractor’s workers. transport and accommodation of government and/or NGO staff who are/were involved in

CFS work and who will be resource persons to the study. copying of information in hard copy or electronic form. hiring and travel of local translators, interviewers, drivers, watchmen, etc. renting of office space, computers, tape recorders, information technology, outside of

what UNICEF will make available at sites where it has existing offices

Work schedule is flexible and will be determined by the timelines of the evaluation.

The evaluation team is not authorized to hold interviews with the press at any point in this work unless expressly approved by UNICEF. The Contractor shall not initiate engagement with the media. Where the media seek to interact with the Contractor, the Contractor shall contact UNICEF. Approved interactions, with the media, if any, will take place in the presence of the country or headquarters UNICEF focal point for the study.


Consultants will be covered by the usual terms and conditions for consultant with regards to security and evacuation in emergencies. Benefits and arrangements such as insurance should be clarified for participants in the team (particularly in emergencies, consider hazard pay, war risk insurance). Field work should not be scheduled during poor weather conditions that might affect completeness of reporting.

Consultants will travel under a consultant Travel Authorization, per UN regulations. Any additional costs incurred or changes from normal travel procedures shall be approved in advance by the management team.

2.12 PRODUCTS/DELIVERABLES

The formats for the deliverables will be determined later, but in general all written items should be in Microsoft Word and all presentations in PowerPoint.

2.12.1 INCEPTION WORK PRODUCTS: TO BE SUBMITTED IN HARD COPY AND ON DVD.

An inception report stating how the Terms of Reference will be accomplished, to be reviewed and approved by the Steering Committee before the evaluation process is undertaken.

Questionnaires for different groups to be surveyed. Semi-structured interview formats for different informants and focus groups. Sampling lists for questionnaires, interviews

2.12.2 FINAL PRODUCTS: WRITTEN MATERIALS TO BE SUBMITTED IN HARD COPY AND ON DVD

One draft and one final evaluation report consistent with and meeting UNICEF standards. The final report should include:

o Executive Summaryo Detailed description of all Methods (including an outline of the process of the

evaluation in the Annex), o Analysis of Data, with regional specificities and global overview that addresses

each of the key evaluation questions. (This section should include a stand-alone sub-section on participation.)

o Conclusionso Recommendationso Next steps

Annex: A folio of all filled-out questionnaires, records of interviews and focus groups

A final presentation of evaluation findings, to be delivered at UNICEF HQ by the evaluation team.

A PowerPoint presentation summarizing the evaluation process and findings, and an accompanying document of stand alone speaking points (suitable for use by non-members of the evaluation team called upon to share information about the evaluation process and findings beyond the tenure of the evaluation team).

The evaluation report will include a discussion of findings using the five OECD/DAC evaluation criteria for development assistance – Relevance, Efficiency, Effectiveness, and to a lesser


extent, impact and sustainability.

The evaluation report will not exceed fifty pages including the Executive Summary. In addition, Annexes will include: the TOR, description of methodology, list of background materials used, interview protocols, country survey, list of people interviewed, and workshop materials. The Annexes will include an analysis of strengths and weaknesses of the evaluation process, and the extent to which each evaluation question was covered. Evaluation products will be prepared in English and submitted to UNICEF electronically via e-mail and on CD-ROM in MS Word.

2.12.3 FINAL PRODUCTS: WORKSHOP

1 feedback workshop: One day, with components targeting senior executives, program staff, and communications staff among others.


3.0 TIME TABLE The following is an indicative time table for the study. The proposer is free to propose a different time table, as long as the proposal clearly explains the sequence of activities, the resources deployed at each stage and the feasibility of the duration of each stage. Earlier delivery while maintaining quality standards will be favorably considered in the technical assessment.

Activity DurationCompletion by (weeks from the date the contract is signed)

INCEPTION PHASE

Detailed literature review study (broad-based)Finalize evaluation plans, protocols, analytical framework, and indicators; selection of countries and geo-areas for the evaluation in each country; selection of in-country (or regional) partners if any; development of inception report.

4 weeks Week 4

UNICEF review of the study plan, protocol, analytical framework, indicators, and inception report by steering committee

1 week Week 5

Meeting with consultants to agree on all details of the study design (e.g. field visits, analytic protocols)

1 week Week 6

EXECUTION PHASE

Surveys, focus groups, interviews, and country case studies 7 weeks Week 13

DELIVERY PHASE

Preparation and submission of draft report (s) 2 weeks Week 15

UNICEF feedback on draft report 2 weeks Week 17

Preparation and submission of final report 1 weeks Week 19

Presentation workshop (preparation and 2 day delivery) 1 week Week 20

A total 5 month (20 week) time frame is proposed. Final due date is not later than 31 January 2009.


ANNEX 2 - UNICEF SPECIAL TERMS AND CONDITIONS

1. UNETHICAL BEHAVIOURUNICEF strictly enforces a policy of zero tolerance concerning unethical, unprofessional or fraudulent acts of UNICEF bidders. Accordingly, any registered bidder that is found to have undertaken unethical, unprofessional or fraudulent activities will be suspended or forbidden from continuing business relations with UNICEF.

2. CORRUPT AND FRAUDULENT PRACTICESUNICEF requires that all bidders associated with this Invitation to Bid/Request for Proposal observe the highest standard of ethics during procurement and execution of the work. In pursuance of this policy UNICEF

(a) defines for the purpose of this provision the terms set forth as follows:

(i) corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in the execution of a contract, and

(ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the client, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the client of the benefits of free and open competition; (b) will reject a proposal for award if it determines that the selected supplier/contractor have engaged in any corrupt or fraudulent practices in competing for the contract in question;

(c) will declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a UNICEF-financed contract if at any time it determines that it has engaged in any corrupt or fraudulent practices in competing for, or in executing a UNICEF-financed contract.

3. GUIDELINES ON GIFTS AND HOSPITALITYBidders shall not offer gifts or hospitality to UNICEF staff members. Recreational trips to sporting or cultural events, theme parks or offers of holidays, transportation, or invitations to extravagant lunches or dinners are also prohibited.

4. LATE DELIVERY Without limiting any other rights or obligations of the parties hereunder, if the Contractor will be unable to deliver the services by the delivery date stipulated in the Contract, the Contractor shall (i) immediately consult with UNICEF to determine the most expeditious means for delivering the services and (ii) use an expedited means of delivery, at the Contractor's cost, if reasonably so requested by UNICEF.

5. RIGHTS OF UNICEFIn case of failure by the Contractor to perform under the terms and conditions of this Contract, UNICEF may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:


(a) procure all or part of the services from other sources, in which event UNICEF may hold the Contractor responsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate its damages in good faith;(b) refuse to accept delivery of all or part of the services;(c) terminate the Contract without any liability for termination charges or any other liability of any kind of UNICEF;(d) for late delivery of services or for services which do not meet UNICEF’s terms of reference/statement of work and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and deducts 0.5% of the value of the services pursuant to a Contract per additional day of delay, up to a maximum of 10% of the value of the Contract. The payment or deduction of such liquidated damages shall not relieve the Contractor from any of its other obligations or liabilities pursuant to this Contract.


ANNEX 3 - UNICEF GENERAL TERMS AND CONDITIONS FOR INSTITUTIONAL/ CORPORATE CONTRACTS

1. ACKNOWLEDGMENT COPY

Signing and returning the acknowledgment copy of a contract issued by UNICEF or beginning work under that contract shall constitute acceptance of a binding agreement between UNICEF and the Contractor.

2. DELIVERY DATE

Delivery Date to be understood as the time the contract work is completed at the location indicated under Delivery Terms.

3. PAYMENT TERMS

(a) UNICEF shall, unless otherwise specified in the contract, make payment within 30 days of receipt of the Contractor's invoice which is issued only upon UNICEF’s acceptance of the work specified in the contract.

(b) Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the contract.

(c) The prices shown in the contract cannot be increased except by express written agreement by UNICEF.

4. LIMITATION OF EXPENDITURE

No increase in the total liability to UNICEF or in the price of the work resulting from design changes, modifications, or interpretations of the statement of work will be authorized or paid to the contractor unless such changes have been approved by the contracting authority through an amendment to this contract prior to incorporation in the work.

5. TAX EXEMPTION

Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs duties in respect of articles imported or exported for its official use. Accordingly, the Vendor authorizes UNICEF to deduct from the Vendor's invoice any amount representing such taxes or duties charged by the Vendor to UNICEF. Payment of such corrected invoice amount shall constitute full payment by UNICEF. In the event any taxing authority refuses to recognize the UN exemption from such taxes, the Vendor shall immediately consult with UNICEF to determine a mutually acceptable procedure.Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor’s invoice any amount representing such taxes, duties, or charges, unless the Contractor has consulted with


UNICEF before the payment thereof and UNICEF has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide UNICEF with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.

6. LEGAL STATUS.

The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis UNICEF. The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNICEF.

7. CONTRACTOR’S RESPONSIBILITY FOR EMPLOYEES

The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of the Contract, respect the local customs and conform to a high standard of moral and ethical conduct.

8. INDEMNIFICATION

The Contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, its officials, agents, servants and employees, from and against all suits, claims, demands and liability of any nature or kind, including their costs and expenses, arising out of the acts or omissions of the Contractor or its employees or sub-contractors in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen’s compensation, product liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract.

9. INSURANCE AND LIABILITIES TO THIRD PARTIES

(a) The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract.

(b) The Contractor shall provide and thereafter maintain all appropriate workmen’s compensation and liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury or damage to property arising from the execution of this Contract. The Contractor represents that the liability insurance includes sub-contractors.

(c) The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of work under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract.

(d) Except for the workmen’s compensation insurance, the insurance policies under this


Article shall:

(i) name UNICEF as additional insured;

(ii) include a waiver of subrogation of the Contractor’s rights to the insurance carrier against UNICEF;

(iii) provide that UNICEF shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.

(e) The Contractor shall, upon request, provide UNICEF with satisfactory evidence of the insurance required under this Article.

10. SOURCE OF INSTRUCTIONS

The Contractor shall neither seek nor accept instructions from any authority external to UNICEF in connection with the performance of its services under this Contract. The Contractor shall refrain from any action which may adversely affect UNICEF or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNICEF.

11. ENCUMBRANCES/LIENS

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNICEF against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor.

12. TITLE TO EQUIPMENT

Title to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF and any such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment when returned to UNICEF shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear.

13. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS

UNICEF shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regard to documents and other materials which bear a direct relation to or are prepared or collected in consequence or in the course of the execution of this contract. At UNICEF's request, the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them to the UNICEF in compliance with the requirements of the applicable law.

14. CONFIDENTIAL NATURE OF DOCUMENTS

(a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of UNICEF, shall be treated as confidential and shall be delivered only to


the UN authorized officials on completion of work under this Contract.

(b) The Contractor may not communicate any time to any other person, Government or authority external to UNICEF, any information known to it by reason of its association with UNICEF which has not been made public except with the authorization of the UNICEF; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract with UNICEF.

15. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

(a) In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to UNICEF of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify UNICEF of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. On receipt of the notice required under this Article, UNICEF shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under the Contract.

(b) If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, UNICEF shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 14, “Termination”, except that the period of notice shall be seven (7) days instead of thirty (30) days.

(c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection or other acts of a similar nature or force.

16. TERMINATION

If the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in the contract, or fails to perform any of the terms, conditions, or obligations of the contract, or should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the contractor, UNICEF may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (30) days notice to the Contractor.

UNICEF reserves the right to terminate without cause this Contract at any time upon thirty (30) days prior written notice to the Contractor, in which case UNICEF shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.

In the event of any termination no payment shall be due from UNICEF to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this contract.


Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shall remain liable to UNICEF for reasonable loss or damage which may be suffered by UNICEF for reason of the default. The Contractor shall not be liable for any loss or damage if the failure to perform the contract arises out of force majeure.

Upon termination of the contract, UNICEF may require the contractor to deliver any finished work which has not been delivered and accepted, prior to such termination and any materials or work-in-process related specifically to this contract. Subject to the deduction of any claim UNICEF may have arising out of this contract or termination, UNICEF will pay the value of all such finished work delivered and accepted by UNICEF.

The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” below shall not be deemed a termination of this Contract.

17. SUB-CONTRACTING

In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior written approval and clearance of UNICEF for all sub-contractors. The approval of UNICEF of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and in conformity with the provisions of this Contract.

18. ASSIGNMENT AND INSOLVENCY

1. The Contractor shall not, except after obtaining the written consent of UNICEF, assign, transfer, pledge or make other dispositions of the Contract, or any part thereof, of the Contractor's rights or obligations under the Contract.

2. Should the Contractor become insolvent or should control of the Contractor change by virtue of insolvency, UNICEF may, without prejudice to any other rights or remedies, terminate the Contract by giving the Contractor written notice of termination.

19. USE OF UNITED NATIONS AND UNICEF NAME AND EMBLEM

The Contractor shall not use the name, emblem or official seal of the United Nations or UNICEF or any abbreviation of these names for any purpose.

20. OFFICIALS NOT TO BENEFIT

The Contractor warrants that no official of UNICEF or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of the Contract.

21. PROHIBITION ON ADVERTISING

The Contractor shall not advertise or otherwise make public that the Vendor is furnishing goods or services to UNICEF without specific permission of UNICEF.


22. SETTLEMENT OF DISPUTES

Amicable Settlement

The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

Arbitration

Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party or the other Party’s request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

23. PRIVILEGES AND IMMUNITIES

The privileges and immunities of the UN, including its subsidiary organs, are not waived.

24. CHILD LABOUR

UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention of potential suppliers to Article 32 of the Convention which inter alia requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

25. ANTI-PERSONNEL MINES

UNICEF supports an international ban on the manufacture of anti-personnel mines. Anti-personnel mines have killed and maimed thousands of people, of whom a large proportion are children and women. Anti-personnel mines present a serious obstacle to the return of populations displaced from their residences by fighting around their villages and homes. UNICEF has, therefore, decided not to purchase products from companies that sell or manufacture anti-personnel mines or their components.

26. AUTHORITY TO MODIFY

No modification or change in this Contract, no waiver of any of its provisions or any additional contractual relationship of any kind with the Contractor shall be valid and enforceable against


UNICEF unless provided by an amendment to this Contract signed by the authorized official of UNICEF.

27. REPLACEMENT OF PERSONNEL

UNICEF reserves the right to request the Contractor to replace the assigned personnel if they are not performing to a level that UNICEF considers satisfactory. After written notification, the Contractor will provide curriculum vitae of appropriate candidates within three (3) working days for UNICEF review and approval. The Contractor must replace the unsatisfactory personnel within seven (7) working days of UNICEF’s selection.

If one or more key personnel become unavailable, for any reason, for work under the contract, the Contractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain the project authority’s approval prior to making any substitution of key personnel. Key personnel are designated as follows:

(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, senior auditors) to be assigned for participation in the performance of the contract.

(b) Personnel whose resumes were submitted with the proposal; and

(c) Individuals who are designated as key personnel by agreement of the Contractor and UNICEF during negotiations.

In notifying the project authority, the Contractor shall provide an explanation of circumstances necessitating the proposed replacement(s) and submit justification and qualification of replacement personnel in sufficient detail to permit evaluation of the impact on the engagement.

Acceptance of a replacement person by the project authority shall not relieve the Contractor from responsibility for failure to meet the requirements of the contract.

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