Request for proposals RFP20-029

DATE: 8 May 2020

REFERENCE: RFP20-029

SUBJECT: POETCom governance and POS management review and recommendations Dear Sir/Madam, We would like to invite you to submit a proposal as per the specifications in Annex II. To enable you to submit a proposal, please find enclosed: Annex I: Instruction to Bidders Annex II: Terms of Reference, including a description of SPC requirements Annex III: Bidder Declaration form Annex IV: Technical Submission form Annex V: Financial Submission Form Annex VI: General Contract Conditions

This letter is not to be construed in way as an offer to contract with your firm/institution. Yours sincerely,

Akhilesh Prasad Procurement, Grants, Risk and Assets Manager

ANNEX I INSTRUCTION TO BIDDERS

POETCom governance and POS management review and recommendations (RFP 20-029)

1. Submission of Proposals 1.1 Your submission shall comprise the following (in 3 separate documents):

- Annex III: A duly completed and signed Bidder Declaration form; - Annex IV: Technical Submission form; - Annex V: Financial Submission Form.

1.2 Proposals must be received by the Pacific Community (SPC) office no later than 22 June 2020,

4 p.m Noumea time. Any proposal received after this date will be rejected.

1.3 Proposals must be submitted in electronic format to procurement@spc.int, stating in the subject

line “RFP20-029 – “POETCom governance and POS management review and recommendations”. No proposals may be sent to SPC Headquarters by any other means, and all correspondence from the bidder about this request for proposals must be sent to the address procurement@spc.int

1.4 Any proposal submitted and all correspondence must be in either French or English. If a document

is submitted in another language, a written translation (into English or into French) must be provided. In that event, the translated version of the document will be used for proposal evaluation purposes. All proposals submitted must be in Word or PDF formats. Please note the maximum capacity for SPC email boxes is 10Mb.

1.5 The proposal submission process is as follows:

a. First send an email with the proposal submission form and the “technical” proposal including the technical submission form, a technical memorandum as described in the Terms of Reference in Annex II, and any other documents needed to complete your proposal, clearly indicating the RFP number in the email’s subject line as set out in point 1.3.

b. Then send a second email with your financial submission including the financial submission form and all related documents (if any), clearly indicating the RFP number in the email’s subject line as set out in point 1.3.

All proposals by bidders in response to the provisions of the Terms of Reference in Annex II must be submitted via these two separate emails.

2. Requests for clarifications or additional information

2.1 All requests for clarification or additional information must be emailed to the following address: procurement@spc.int before 15th June 2020, 4 p.m. Noumea time.

2.1.1 All replies to such requests may be shared with all bidders at the SPC’s discretion.

3. Modification and withdrawal of proposals 3.1.1 No proposal may be modified after the deadline for submission of proposals.

3.1.2 No proposal may be withdrawn after the deadline for submission of proposals. 4. Period of validity of proposals 4.1 Your quotation shall be valid for 120 days from the deadline for submission. SPC will make its

best effort to select a number of firms within this period. 4.2 All costs relating to the preparation, collation and submission or delivery of the quotation and

any other related document or travel expense shall be borne by the bidder. 5. Proposal evaluation criteria 5.1 A two-stage procedure is used to evaluate the proposals received, with evaluation of the

technical submission done before the financial proposal is considered by the Procurement Committee. Only those proposals that have a score of at least 70 % of the maximum points available during the technical evaluation will move on to the financial evaluation stage. The Committee’s decision shall be final.

5.2 Technical evaluation of the tenders will be based on the following criteria:

General criteria Detailed criteria % Points awarded

Quality of services

Understanding the assignment’s context, needs and objectives along with the expected outcomes

10 85

Planning 5 42

Technical proposal (structure, specific well-explained methodology)

15 128

Critical analysis of the RFP (restating the assignment’s objectives, background, issues)

5 42

Profile-expertise-references

Project team profile, qualifications and references in formulating and/or evaluating organic agriculture support policies

10 84

Project team profile, qualifications and references in organic standard and guarantee system management

15 128

Project team profile, qualifications and references in organisation audits (governance, human resources, funding, etc.)

15 128

Profiles and qualifications in designing and facilitating workshops for a variety of stakeholders in a multi-cultural environment (public sector, associations, economic sphere, etc.)

10 85

- Project team’s ability to speak and write both French and English

- Project team’s cumulative professional experience

- Understanding of the institutional situation and organic sector stakeholders in the three OCTs (New Caledonia, French Polynesia Wallis & Futuna)

15 128

Total 100 850

Score 70 595

5.3 Only the financial submissions of those tenders that have received a score of at least 595 (70%)

during the technical evaluation will be opened:

Bases for calculation: (lowest price/evaluated price) x 150 6. Award of contract(s):

6.1 The contract will be awarded to the proposal(s) that most fully complies/comply with SPC

requirements as detailed in the Terms of Reference (Annex II) with due consideration to SPC Procurement Policy and procedures, in particular the general principals of best value for money, economy and efficiency. SPC is not in any way obliged to select the firm offering the lowest price.

6.2 SPC reserves the right to accept or reject any proposal without thereby incurring any liability to

the affected Bidder. All prices quoted shall be in Euros (EUR) but exclusive of duty.

6.3 Please note that the SPC General Conditions of Contract (Annex VI) are not negotiable.

6.4 SPC reserves the right to negotiate with one or more bidders prior to the award of a contract or to split the award/awards between several providers without the prior written acceptance of the bidders.

7. Complaints

7.1 If a bidder involved in an SPC procurement process considers they were not treated fairly, or that SPC failed to properly follow the requirements of the Procurement Policy, then that bidder may lodge a protest.

7.2 To lodge a protest, you can email complaints@spc.int with your allegations. Your protest will need to include:

your full contact details

the details of the relevant procurement process

the reasons for your complaint, including how the alleged behaviour negatively impacted on your bid

copies of any documents supporting your grounds for protest

the relief that is sought

Your complaint will be recorded and an acknowledgement of receipt will be sent to you as soon as possible. You may be contacted to provide further information. An officer who was not involved in the original procurement process and who has no conflict of interest will be appointed to investigate your protest.

Your protest will be received in good faith and will not impact your involvement in future bids.

ANNEX II TERMS OF REFERENCE

POETCom governance and POS management review and recommendations RFP20-029

1. Background to this request for proposals

1.1. General Background – PROTEGE

PROTEGE is a CCES Division project. It is a regional cooperation project designed to build sustainable development and climate-resilient economies in the OCTs by emphasising biodiversity and renewable resources. It is funded by the 11th European Development Fund (EDF) for the Pacific overseas countries and territories (OCTs), namely French Polynesia, New Caledonia, Wallis & Futuna and Pitcairn. The project supports the OCTs’ public policies in the following four theme-based areas: Theme 1: The agroecological transition is under way to bring about climate-change-adapted and biodiversity-friendly farming, particularly organic, and forest resources are managed in an integrated and sustainable way. Theme 2: Reef and lagoon resources and aquaculture are managed in a sustainable and integrated manner suited to both island economies and climate change. Theme 3: Water is managed in an integrated and climate-change-adapted manner. Theme 4: Invasive alien species are managed to strengthen ecosystem-service and land-biodiversity protection, resilience and restoration.

PROTEGE has an overall budget of EUR 36 million for the period 2018-2022, including 30.5 million implemented by the Pacific Community (SPC) and 5.5 million by the Pacific Regional Environment Programme (SPREP), co-delegatee.

1.2. Theme 1: Agriculture and Forestry

The specific objective of Theme 1 is to support an agroecological transition so as to bring about climate-change-adapted and biodiversity-friendly farming, particularly organic, and sustainable and integrated forest resource management.

Its expected outcomes were developed through regional consultations between the OCTs and are tailored to the local context in each territory. A sectoral/cross-sectoral approach will be used along with a network of demonstration, testing and production farms and sites. It is built around four expected outcomes (RA1 to RA4) and nine activities (1A to 4B).

RA 1 Viable agroecological systems are validated technically and then shared, and barriers to organic agriculture are removed.

1A AGROECOLOGY AND ISLAND CLIMATES: Develop agroecology’s technical and economic bases by contributing to climate change mitigation and adaptation.

1B CROP/LIVESTOCK FARMERS NETWORKS: Network farms that are using ecological intensification practices.

1C ORGANIC FARMING SECTOR: Remove barriers to organic agriculture and structure the sector in a sustainable manner.

RA 2 An integrated forestry, agroforestry and coconut-grove management policy is developed and implemented.

2A INTEGRATED PARTICIPATORY FORESTRY, AGROFORESTRY AND COCONUT-GROVE MANAGEMENT PLANS: Draft and approve participatory forestry, agroforestry and coconut-grove management plans.

2B TREES AT THE HEART OF FARMING PRACTICES: Support innovative projects that integrate the use of trees.

RA 3 Agroecological, forestry and coconut-grove products are promoted.

3A FARM TO TABLE: Integrate agroecological and organic farming products into food systems, support the marketing and consumption of healthy local produce.

3B DEVELOPING WOOD AND COCONUT PRODUCTS: Support the development and marketing of products from local forests and coconut groves.

RA 4 Cooperation between the OCTs and between the OCTs and the ACP countries is strengthened and made sustainable through operational, coordination and support mechanisms.

4A TERRITORIAL COORDINATION AND FACILITATION: Ensure territorial coordination and support for action implementation: sign agreements with a “lead” agency and recruit territorial “Agriculture and Forestry” facilitators to support exchanges and coordination between stakeholders in the territories, activity monitoring and implementation, and technical and financial reporting on the actions carried out.

4B REGIONAL FORESTRY AND AGROECOLOGY PLATFORM: Set up a sustainable regional agroecology and forestry platform to make it possible to organise and share studies, training sessions and regional technical and economic information and to support agroecological and organic management approaches

1.3. Background for the consultancy

In 2006 during the annual Heads of Agriculture and Forestry Services (HOAFS) in Fiji, involving 22 Pacific Island countries and territories, SPC’s Land Resources Division was tasked with developing regional organic certification standards and an organic agriculture strategy for the Pacific island countries and territories

So the Pacific Organic Standard [POS] was developed in 2007 as part of a project supported the International Fund for Agriculture Development (IFAD) via a technical group made of people involved in promoting organic agriculture from government agencies, farming associations and consultants (Regional Organic Task Force-ROTF), identified and appointed by SPC.

HOAFS and the International Federation of Organic Agriculture Movements (IFOAM) officially recognised the POS in September 2008. This standard provided the framework to continue discussions on developing a regional organic-agriculture support strategy.

The ROTF members wanted to form an organisation representing the wide range of organic-agriculture and equitable trade stakeholders in the region by creating the Pacific Organic & Ethical

Trade Community (POETCom). In 2010, during a meeting in Fiji, POETCom asked the Land Resources Division to act as its secretariat, in particular by creating the first dedicated position in 2012 with the financial support of the European Union via the IACT (Increasing Agricultural Commodities Trade) project. Currently POETCom is an not-for-profit membership organisation, whose active members are farmer groups, technical support agencies, public and private sector representatives, research institutes, etc. in 14 countries in the Pacific region.

Regionally, POETCom offers farmers interested in organic agriculture training and advice in the following areas: organic production, organic certification system management, access to various markets for organic products. For a variety of audiences such as students, decision-makers, farmers, etc., POETCom raises awareness about and promotes organic agriculture and its roles in adapting to and mitigating the effects of climate change, non-communicable disease control, food security and biodiversity conservation. POETCom encourages and defends the development of organic farming in the Pacific with various international bodies and also serves as spokesperson for its members in a view to helping improve livelihoods, health and living conditions for Pacific Island inhabitants

The creation of a POETCom secretariat at SPC has ensured steady progress with a coordinated increase in organic agriculture throughout the region. POETCom’s development of the Pacific Organic Guarantee Scheme (POGS) allowed many operators to become POS-certified and, in this way, promote their production. In 2012, the Pacific Island HOAFS delegated its mandate over POS and POGS management to POETCom. As part of a United Nation’s Food and Agriculture (FAO) technical cooperation project, a variety of initial governance options were evaluated. During its 2012 meeting in French Polynesia, POETCom’s General Assembly finalised and approved the current governance structure and elected the first POETCom Advisory Board.

POETCom’s governance structure includes an open forum for POETCom stakeholders (General Assembly) that elects a board or advisory board1 once every two years (as per its mandate). Board members, initially five in number but seven since 2017, act within the framework of the board’s mandate. The board is supported by committees whose members are chosen for their specific qualifications in dealing with technical issues such as approving participatory guarantee systems (PGS), and POS and Pacific Organic Guarantee Scheme (POGS) management. Board members do not represent their own organisations or countries on the board but work for the organic movement in the Pacific as a whole.

Board membership and eligibility requirements are within the purview of the national focal points. Focal points can be national organic agriculture associations or organisations that have been selected by all the national organic agriculture stakeholders. All those involved in organic agriculture and equitable trade can have their interests represented by their national focal points and the elections of the POETCom Advisory Board.

POETCom’s affiliation policy, voting rules, board operations and conduct of its General Assembly were approved by the Advisory Board during its meeting in December 2012 and a few changes were made in 2017.

For the past several years, Board members and the secretariat have wanted to see some changes to POETCom’s status. In fact, in the time since POETCom’s governance structure was adopted, the organic agriculture environment has undergone many changes in the region, in particular:

- Increased commitment by certain governments in the region

1 Since the 2017 General Assembly, it is a “Board” and no longer an “Advisory Board” though the difference in meaning is not clearly defined

- Development of policy and regulatory environments in some countries and territories (of the 35 agriculture policies identified in 2017, a total of 16 specifically cover organic agriculture);

- The growing numbers involved in certification (third-party, group, PGS), - The significant expansion in the number of POETCom members, - The growing interest of communities and markets for organic products.

Regional and POETCom stakeholders have also learned important lessons about managing the standard, its guarantee system and the requirements involved.

The region’s countries and territories have gained a decade of experience in applying the POS and have been able to gauge POETCom’s level of commitment to developing organic agriculture and the difficulties related to managing an organic standard. During the 2015-2017 regional EDF-10 funded INTEGRE programme, the component on organic agriculture made it possible to hold regional workshops in each OCT. During those workshops, difficulties in applying the POS were raised, which led the OCTs to include a review of POS governance as part of PROTEGE’s program, in agreement with SPC and POETCom. At the current time, POS governance is organised solely around associations and private parties involved in organic agriculture within POETCom. As governance implies being able to debate and act on the standard’s contents and on applying organic regulations, questions have been raised about changes to the current governance in regards to the following points:

Allow, wherever they exist and request to do so, competent authorities in charge of making decisions on monitoring and technical changes to organic agriculture standards and regulations (recognising and changing standards, certifier and input accreditation, etc.) to be part of the debates and discussions in relevant bodies;

Review the POS management body’s organisation so as to make it more efficient and responsive in formulating and sharing reading guides based on clear techniques, when needed to clarify issues for approved inspection agencies,

POETCom and the POS are at a turning point in their existence with a significant growth in the organic sector, together with the need to have a mode of governance and adequate human resources to give priority to sustainably ensuring a reliable and high-performance standard.

2. Purpose of the consultancy

2.1. Scope of consultancy

The first PROTEGE Steering Committee meeting on 17 - 18 July 2019, approved funding for a review of the Pacific Organic Standard’s [POS] governance as part of its programme.

Such a POS governance review also implies that it should be part of an overall analysis of POETCom’s governance.

Since POETCom and POS management procedures apply to the whole region, this consultancy must involve all the OCT stakeholders, a sample of the countries in the region, and the Pacific Community in order to develop recommendations on changes that would make it possible to meet stakeholders’ needs and the challenges of organic agriculture via a variety of costed scenarios. Completion of this consultancy involves a review of documents on POETCom, the POS, the various regulations on organic agriculture in the Pacific, a budget analysis of the current arrangements and of the various scenarios proposed, meetings with key stakeholders in the OCTs and countries in the region, and facilitating a workshop designed to develop recommendations. This request for proposals is part of PROTEGE’s expected outcome no. 4 on cooperation between the OCTs and between the OCTs and ACP countries (operation 4B2: strengthening POS applicability and governance).

2.2. Consultancy details

This consultancy will have three components:

1. An analysis of POETCom’s current governance structure

2. An analysis of POS and POGS (Pacific Organic Guarantee Scheme) management

3. Developing recommendations based on a variety of scenarios, via a workshop bringing

together OCT and ACP stakeholders.

Component 1: A review of POETCom’s structure and governance For this first component, the consultant will be tasked with:

1. Analysing POETCom’s current structure, statutes and operations, including its situation within

SPC;

2. Analysing POETCom’s costs and funding

3. Analysing POETCom’s relations with the competent organic agriculture authorities of SPC

member countries and territories (where they exist)

4. Developing a variety of scenarios for changing POETCom (statutes, legal status, membership,

positions/ties with the competent authorities of SPC member countries and territories,

decision-making processes, funding, etc.)

Component 2: A review of POS and Pacific Organic Guarantee Scheme management For this second component, the consultant will have to address the various points below, while keeping in mind the wide range of regulatory environments that exist in the region. The consultant will be expected to:

1. Analyse current overall management system’s operations at the regional level and its costs,

including the membership, appointment and operating procedures for the working

committees required to manage the POS (interpretation and revision).

2. Identify the expectations and proposals of the competent national and territorial authorities

as to their involvement and positions in the POS management system.

3. Analyse inspection agency approval procedures (third-party certification bodies and

participatory guarantee systems), both regionally and within each country and territory, and

propose new coordination processes between those two levels;

4. Analyse POS’ technical-management (including changes) and interpretation procedures;

5. Formulate a variety of budgeted change scenarios for POS and Pacific Organic Guarantee

Scheme management.

Component 3: Producing recommendations and an action programme: Develop recommendations based on various scenarios via a workshop for OCT and ACP stakeholders. The various Component 1 and 2 scenarios will be drafted by the consultant based on a document review and interviews. Based on those scenarios, the consultant will be tasked, for the final component, with facilitating a workshop bringing together representatives of the various stakeholders in order to formulate recommendations on changes to POETCom governance and POS management.

The workshop to come up with such recommendations will be held in New Caledonia or in Fiji in the second half of 2020. At the end of the workshop, the consultant will be responsible, as part of the final component, to produce a lessons-learned document designed to:

1. Compile and report on workshop proceedings using a format developed with SPC.

2. Report on discussions about the scenarios and the stakeholders’ provisional commitments,

including those from donors.

3. Produce recommendations to support the various stakeholders in changes to POETCom

governance and POS management.

2.3. Work arrangements

The consultant will carry out the following tasks:

- Mobilise human resources with the necessary qualifications and experience to carry out this consultancy;

- Provide, in a timely fashion, high-quality deliverables as specified below for final approval by SPC.

SPC, through the PROTEGE team (in particular the Agriculture and Forestry Coordinator) and in collaboration with Land Resources Division (LRD) staff, will:

- Provide the consultant with all the information it has that is useful for the assignment and completion of the deliverables (documents, reports on POETCom, POS and the Pacific Organic Guarantee Scheme);

- Facilitate contact with the stakeholders involved in the various countries and territories covered by this consultancy;

- Examine the deliverables provided within 30 work days.

In order to ensure that they are properly informed and involved in carrying out this study, SPC will inform and consult with the lead agencies for PROTEGE’s Theme 1 about the three tasks described above. The consultant will carry out this work by requesting the assistance of organic agriculture stakeholders in:

- 2 OCTs: New Caledonia and French Polynesia

- 4 countries in the region: Fiji, Vanuatu, Kiribati and Cook Islands

NB: this list may change before the assignment begins.

The consultant will facilitate a workshop in Fiji or in New Caledonia with representatives of the region’s countries and territories, SPC and other qualified people. However, travel will only be possible subject to lifting of the restrictions brought about COVID-19.

2.4 Duration of the consultancy

The assignment will begin when the contract is signed and continue until, at the very most, four months after the end of the workshop. Consultants will be free to organise their work in the manner they deem most efficient.

Those arrangements must be included in the consultant’s proposal, which must indicate the number of work days and travel to the various countries and territories that are part of the study.

2.5 Deliverables

1. An inception report presenting the timeline along with a list of the people to be consulted by

country and territory as well as by type (e.g. local authorities, agricultural organisations, PGS,

and third-party certifiers).

2. An analysis of POETCom’s operations and financial sustainability (costs, funding method).

3. Costed scenarios of changes to POETCom (statutes, internal organisation, affiliation,

position/ties with the competent authorities in SPC countries/territories, funding including

membership fees).

4. A technical and financial analysis of POS and Pacific Organic Guarantee Scheme management.

5. Costed scenario of changes to POS and Pacific Organic Guarantee Scheme management,

including a scenario that would allow governance that would better include representatives

of the competent national and territorial authorities.

6. A summary of consultations by country and territory.

7. A format for facilitating the workshop to develop recommendations This deliverable will

include:

- The programme with the various working sessions;

- A method for running, facilitating the workshop so as to ensure active involvement

by the participants in formulating recommendations;

- A list of the speakers, specialists and participants from both within and outside the

OCTs, along with their biographies;

- A list of the equipment and meeting areas needed to successfully carry out the

workshop;

- The presentation materials for the facilitator’s sessions, which will form the backbone

of the workshop and must be developed based on deliverables 3 and 5.

8. An “on-the-spot” assessment in the form of a summary report presenting

- Actual participation in the various parts of the workshop;

- The major recommendations highlighted by participants;

- The workshop’s successes and shortcomings.

9. A lessons-learned document including:

- A summary of the workshop proceedings.

- The budgeted recommendations submitted and approved by participants (workshop

outputs) to allow the region’s countries and territories to best respond to the

challenges of developing organic agriculture, via, in particular, efficient and

responsive POS management.

- The list of workshop participants.

3. Qualifications and expertise:

The team must comprise people with significant professional or academic knowledge in the following areas:

- Formulation and/or evaluation of sector-based policies;

- Financial and organisational analysis of not-for-profit organisations;

- Rural development;

- Organic regulatory frameworks and organic standards management.

The team will have to demonstrate the ability to work in both French and English. Consultants may not belong to any functional POETCom unit (salaried employees, correspondents, POETCom members, POETCOM committee members [advisory, standards and certification], or PGS committees).

General professional experience

- A minimum of 20 years combined professional experience is required.

- Experience in the area of organic agriculture, facilitating agricultural projects, local

and regional professional agricultural organisations.

- Experience in designing and/or conducting interviews and/or multi-party discussions,

particularly in a multi-cultural environment.

- Teamwork, listening, and diplomacy skills and a strong ability to adapt to very

different cultural environments.

- Outstanding analytical, speaking and writing skills in both French and English.

- Previous working and/or living experience in Pacific island countries and territories

will be an advantage.

Specific professional experience

- Knowledge of the economic, cultural, administrative and political context of Pacific

island countries and territories;

- Formulating organic agriculture policies and development strategies.

- Developing, protecting and managing organic guarantee systems (official and private

standards, third-party and participatory certification).

- Support to organic-sector governance

4. Scope of bid price and schedule of payments

Consultants will be paid based on their technical and financial proposals. Proposals must clearly show the assignment budgets separately.

An initial payment of no more than 20% of the total amount can be made when the contract is signed. The remaining 80% will be paid in instalments upon submission of technical and financial deliverables depicting progress in the assignment.

The final instalment will be paid once the assignment has been completed and will be subject to the production of the final technical and financial reports approved by the PROTEGE team.

5. Arrangements for proposal submission

5.1. Submitting a proposal

Proposals in response to this RFP must include separate detailed technical and financial proposals.

The technical proposal must include:

1. A one-page executive summary;

2. A brief note evaluating this RFP;

3. The detailed proposal;

4. A detailed time line;

5. An introduction to the consultant and the team involved (qualifications and level of expertise);

6. References for similar or relevant services.

Only those bidders who successfully pass the qualifications assessment stage will then be assessed financially.

The financial proposal must include:

1. A table of unit and total costs for completing each operation along with any travel costs that

will be included in the consultancy costs.

2. Payments by instalment with the possibility of payment at signature of the contract of up to

20% of the total costs.

5.2. Consultant selection criteria

The consultant will be selected based on two criteria weighted in the following manner:

Technical 85%

Price 15%

A decision will be made on the proposals selected on that basis through interviews to be able to assess the responses to each criterion in greater detail.

ANNEX III BIDDER DECLARATION FORM

POETCom governance and POS management review and recommendations RFP 20/029

Request for Proposals Committee - RFP 20-029 Pacific Community BP D5 – 98848 Noumea – New Caledonia

Dear Sir/Madam

Having examined the Solicitation Documents, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply the required services for the sum as may be ascertained in accordance with the Financial Submission attached herewith and made part of this proposal.

We acknowledge that: - SPC may exercise any of its rights set out in the Request for Proposal documents, at any time; - The statements, opinions, projections, forecasts or other information contained in the

Request for Proposal documents may change; - The Request for Proposal documents are a summary only of SPC’s requirements and is not

intended to be a comprehensive description of them; - Neither the submission of the Request for Proposal documents nor the acceptance of any

tender nor any agreement made subsequent to the Request for Proposal documents will imply any representation from or on behalf of SPC that there has been no material change since the date of the Request for Proposal documents, or since the date as at which any information contained in the Request for Proposal documents is stated to be applicable;

- Excepted as required by law and only to the extent so required, neither SPC, nor its respective officers, employees, advisers or agents will in any way be liable to any person or body for any loss, damage, cost or expense of any nature arising in any way out of or in connection with any representations, opinions, projections, forecasts or other statements, actual or implied, contained in or omitted from the Request for Proposal Documents.

- We note that the SPC General Conditions of Contract are not negotiable.

We undertake, if our proposal is accepted, to commence and complete delivery of all items in the contract within the time frame stipulated. We understand that you are not bound to accept any proposal you may receive and that a binding contract would result only after final negotiations are concluded on the basis of the Technical and Financial Submissions.

Date

Company name………………………………………………………….

Position of representative…………………………………………….

Name of representative…………………………………………………….

Signature of representative…………………………………………….

ANNEX IV

TECHNICAL SUBMISSION FORM POETCom governance and POS management review and recommendations

RFP 20/029

1. Service proposal:

2. COMPANY/ENTERPRISE DETAILS

Registered Name of Firm

Year Established:

Physical Address:

Postal Address:

Phone Number

Fax Number:

Email address

Contact person:

Other information as necessary

3. References

Name and address of major client

Number of years’ experience with major client

Contact details of reference client Name: Job Title: Email address: Phone:

Description of actual services provided by your company. Please provide details, expanding as necessary:

Name and address of major client

Number of years’ experience with major client

Contact details of reference client Name: Job Title: Email address: Phone:

Description of actual services provided by your company. Please provide details, expanding as necessary:

Name and address of major client

Number of years’ experience with major client

Contact details of reference client Name: Job Title: Email address: Phone:

Description of actual services provided by your company. Please provide details, expanding as necessary:

4. Responses to criteria

Criteria Bidder response

Understanding the assignment’s context, needs and objectives along with the expected outcomes

Planning

Technical proposal (structure, specific well-explained methodology)

Critical analysis of the RFP (restating the assignment’s objectives, background, issues)

Project team profile, qualifications and references in formulating and/or evaluating organic agriculture support policies

Project team profile, qualifications and references in organic standard and guarantee system management

Project team profile, qualifications and references in organisation audits (governance, human resources, funding, etc.)

Profiles and qualifications in designing and facilitating workshops for a variety of stakeholders in a multi-cultural environment (public sector, associations, economic sphere, etc.)

Project team’s ability to speak and write both French and English

Project team’s cumulative professional experience

Understanding of the institutional situation and organic sector stakeholders in the three OCTs (New Caledonia, French Polynesia Wallis & Futuna) and ACP countries

5. TO WHOM IT MAY CONCERN I, the undersigned, confirm that the information provided on these forms is accurate and that in the event of any changes, the new information will be provided as quickly as possible: Job title: Signature: Date: Company seal/stamp:

ANNEX V FINANCIAL SUBMISSION FORM

POETCom governance and POS management review and recommendations (RFP 20/029)

1. Proposal price (in numerals and in letters, in euros (€), excluding duty).

2. Financial proposal (details).

Insert a table of unit costs and total costs for carrying out each operation with travel costs included in the proposal.

Insert the payment distribution by instalment. An initial payment of no more than 20 % of the total amount can be made when the contract is signed.

Job title: Signature: Date: Company seal/stamp:

Annex VI SPC GENERAL CONDITIONS OF CONTRACT FOR PROFESSIONAL SERVICES

1. LEGAL STATUS The Contractor has the legal status of an independent contractor. The Contractor's personnel and sub-contractors are not to be considered in any respect employees or agents of SPC. 2. SOURCE OF INSTRUCTIONS The Contractor will only accept instructions from SPC in the performance of this contract. The Contractor will refrain from any action that may adversely affect SPC and will fulfil its commitments with the fullest regard to the interests of SPC. 3. 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 this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The contractor shall not discriminate against any person because of race, medical condition, religious creed, ancestry, national origin, age, sex or handicap. 4. SPECIFIED PERSONNEL The Contractor must ensure that the services are performed in accordance with this contract. Where personnel have been specified, they must provide those services. SPC may remove any personnel (including Specified Personnel) from work in respect of this Contract. If it does so, or if Specified Personnel are unable or unwilling to perform the contract, the Contractor will provide replacement personnel (acceptable to SPC) of suitable ability and qualifications at no additional cost and at the earliest opportunity.

5. ASSIGNMENT The Contractor may not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of SPC. 6. SUB-CONTRACTING In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of SPC for all sub-contractors. The approval of SPC 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 conform with the provisions of this Contract. 7. OFFICIALS NOT TO BENEFIT The Contractor warrants that no official of SPC 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 this Contract. 8. INDEMNIFICATION The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, SPC, 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 acts or omissions of the Contractor, or the Contractor's employees, officers, agents 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, products 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 9.1 The Contractor will hold insurance against all risks in respect of its employees, sub-contractors, property and equipment used for the execution of this Contract, including appropriate worker’s compensation for personal injury or death. 9.2 The Contractor will also hold liability insurance in an adequate amount to cover third party claims for any claims arising from or in connection with the provision of services under this contract. 9.3 The Contractor shall, upon request, provide SPC with satisfactory evidence of insurance cover as required under this Article. 10. 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 SPC 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. 11. TITLE TO EQUIPMENT Title to any equipment and supplies that may be provided by SPC rests with SPC. Such equipment shall be returned to SPC at the conclusion of this Contract or when no longer needed by the Contractor. On return, the equipment shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate SPC for equipment determined to be damaged or degraded beyond normal wear and tear. 12. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS SPC is entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights, and trademarks, with regard to products, or documents and other materials which bear a direct relation to

or are produced or prepared or collected in consequence of or in the course of the execution of this Contract. At SPC'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 SPC in compliance with the requirements of the applicable law. 13. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF SPC The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with SPC, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of SPC, or any abbreviation of the name of SPC in connection with its business or otherwise. 14. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION 14.1 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 SPC, shall be treated as confidential and shall be delivered only to SPC authorised officials on completion of work under this Contract. 14.2 The Contractor may not communicate at any time to any other person, Government or authority external to SPC, any information known to it by reason of its association with SPC which has not been made public except with the authorisation of SPC; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract. 15. FORCE MAJEURE AND OTHER CHANGES IN CONDITIONS 15.1 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 which are beyond the control of the Parties. 15.2 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 SPC, 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 SPC of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of this Contract. The notice shall include steps proposed by the Contractor to be taken, including any reasonable alternative means for performance that is not prevented by force majeure. On receipt of the notice required under this Article, SPC 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 this Contract. 15.3 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, SPC shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 16, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days. 16. TERMINATION 16.1 Either party may terminate this contract for cause, in whole or in part, with thirty days’ written notice to the other party. The initiation of arbitral proceedings in accordance with Article 17 "Settlement of Disputes" below shall not be deemed a termination of this Contract. 16.2 SPC reserves the right to terminate without cause this Contract, at any time with fifteen days written notice to the Contractor, in which case SPC shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination. 16.3 In the event of any termination by SPC under this Article, no payment shall be due from SPC to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract. The Contractor shall take immediate steps to terminate the work and services in a

prompt and orderly manner and to minimise losses and further expenditure. 16.4 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, SPC may, without prejudice to any other right or remedy it may have, terminate this Contract forthwith. The Contractor shall immediately inform SPC of the occurrence of any of the above events. 17. SETTLEMENT OF DISPUTES 17.1 The Parties will 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. 17.2 If a dispute is not settled within sixty days of one Party notifying the other of a request for amicable settlement, the dispute can be referred by either Party to arbitration in accordance with the general principles of international law. The arbitration will be governed by the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) as at present in force. The arbitral tribunal shall have no authority to award punitive damages. 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. 18. PRIVILEGES AND IMMUNITIES Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of SPC, including its subsidiary organs. 19. TAX EXEMPTION 19.1 Under the ‘Host Country Agreement’ with the Country hosting SPC Offices, SPC, being an International Organisation, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognise SPC’s exemption

from such taxes, duties or charges, the Contractor shall immediately consult with SPC to determine a mutually acceptable procedure. 19.2 Accordingly, the Contractor authorises SPC to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with SPC before the payment thereof and SPC has, in each instance, specifically authorised the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide SPC with written evidence that payment of such taxes, duties or charges has been made and appropriately authorised. 20. SOCIAL AND ENVIRONMENTAL RESPONSIBILITY SPC has adopted a social and environmental responsibility policy. The contractor must comply to ethically and sustainably manage social and environmental risks and impacts of its activities, particularly in reference to: 20.1 CHILD LABOUR The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, 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. Any breach of this representation and warranty shall entitle SPC to terminate this Contract immediately upon notice to the Contractor, at no cost to SPC. 20.2 HUMAN RIGHTS The Contractor recognises, respects and upholds the human rights of every individual, being a minimum those protected by the Universal Declaration of Human Rights. The Contractor will actively seek to ensure he is not complicit in human rights abuses committed by others.

The Contractor is committed to respecting, and acting in a manner which avoids infringing on, human rights. In this regard the Contractor acknowledges the Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect Respect and Remedy ‘framework (2011). To meet these commitments, the Contractor will not accept modern slavery, forced labour and human trafficking in his supply chain. Any breach of this representation and warranty shall entitle SPC to terminate this Contract immediately upon notice to the Contractor, at no cost to SPC. 20.3 GENDER EQUALITY AND SOCIAL INCLUSION SPC is committed to progress gender equality and social inclusion in all area of its work. The Contractor is expected to promote gender equality and diversity in the workplace by striving to have gender balance in the workforce and employ youth and persons with disabilities where possible, at all levels. The contractor is expected to have measures in place to ensure equal pay for work of equal value, to prevent sexual harassment, of bullying and any forms discrimination; and to ensure a safe workplace environment for women and men of all diversities. 20.4 ENVIRONMENTAL RESPONSIBILITY The Contractor must ensure a rational use and management of natural resources and ecosystems, to prevent or, where not possible, to minimise damage to the environment and address climate change, so as to ensure these resources will be available for future generations. 21. OBSERVANCE OF THE LAW The Contractor must comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract. 22. AUTHORITY TO MODIFY No modification or change, nor waiver of any of this contract’s provisions will be valid and enforceable against SPC unless provided by an amendment to this contract signed by the authorised official of SPC.