REQUEST FOR PROPOSALS For: From uptake to usage: Incentivizing farmers to use the solutions designed for them

REQUEST FOR PROPOSALS

For: From uptake to usage: Incentivizing farmers to use the solutions designed for them

RFP No.: 00227/IF/2019

Target Country/Countries for the Assignment: Tanzania, Kenya and Ghana

Date of Invitation: 27th  June, 2019

Contents

Request for Proposal Template. 1

Section 1. Invitation Letter for prequalified firms. 4

Section 1 – Invitation Letter for open tenders. 6

Section 2: Instructions to Consultants. 6

  1. 1. Objectives of the Assignment. 6
  2. 2. Submission of Proposal 6
  3. 3. Association.. 7
  4. 4. Grounds for exclusion.. 7
  5. 5. Validity of Proposal 8
  6. 6. Clarification on the RFP.. 8
  7. 7. Amendment of RFP Documents. 8
  8. 8. Communication.. 8
  9. 9. Taxes. 8
  10. 10. Currency. 8
  11. 11. Disclaimer. 8
  12. 12. Agra Policy and Standard Terms and Conditions. 9

(a)        AGRA Employees. 9

(b)        Conflict of Interest 9

(c)        Ethics. 9

(d)        AGRA’s Right to Reject or Modify. 9

(e)        Supplemental Terms and Conditions/Modifications. 9

  1. 13. Form of Agreement 9
  2. 14. Marketing References. 10
  3. 15. Disclosure of Records. 10
  4. 16. Evaluation Criteria. 10

Section 3: Technical Proposal Forms (TPF). 12

Technical Proposal – Standard Forms. 12

Section 4. Financial Proposal Forms. 22

Section 5: Terms of Reference (TORs). 26

Section 6: Award of Contract. 27

 

Section 1 – Invitation Letter for open tenders

Date 27th June, 2019

TENDER REF NO.: – AGRA/RFP/00227/IF/2019

TENDER NAME: From uptake to usage: Incentivizing farmers to use the solutions designed for them

  • Request for Proposals: Project Implementation Consultancy Services for Kwanza Agribusiness Support Project
  • The request for proposals (RFP) includes the following documents: –

Section 1 – Invitation Letter

Section 2 – Instructions to Consultants

Section 3 – Technical Proposal Forms (TPF)

Section 4 – Financial Proposal Forms (FPF)

Section 5 – Terms of Reference (ToR)

Section 6 – Standard Contract Form

Section 2: Instructions to Consultants

2. 1.  Objectives of the Assignment

The objective of the assignment is to provide Project Implementation Consultancy Services for Kwanza Agribusiness Support Project.

2. 2.        Submission of Proposal

Interested and eligible consultants/consortiums are required to submit their application in English language with the following specific information:

  • Experience in similar assignments
  • Availability of appropriate key staff to be involved in the assignment
  • A brief profile of the firm including description of the firm/consortium members, incorporation details, joint venture details etc.
  • Proposed work plan and approach/methodology/concept

Interested consultants may obtain further information from our website: www.agra.org

  • The Technical and Financial Proposals must be submitted separately to procurement@agra.org on 26th July, 2019 by 5PM EAT
  • Neither technical nor financial proposals should exceed 10MB.
  • The financial proposal MUST be password protected. The password shall be requested from firms that meet the minimum technical score of 75%. A consultant will be selected in accordance with quality and cost based selection (QCBS) selection method as set out in the consultants’ guidelines.
  • Consultants shall use Technical and Financial Forms provided under section 3 and 4
2. 3.        Association

Consultants may associate with other firms in the form of joint venture or a sub-consultancy to enhance their qualification (provide group agreement to the effect).

Shortlisted Consultants may associate with non-shortlisted consultants only after seeking written approval from AGRA.

2. 4.        Grounds for exclusion

Organisations or individuals are to be excluded from participating in this tender if:

  1. they are declared prohibited by AGRA because of their involvement in corrupt or fraudulent practices in procurement;
  2. AGRA staff or management involved in the procurement process have a financial interest in, or close relatives working with, the organisation or individual;
  3. they have not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country where they are established;
  4. they are bankrupt or are being wound up, whose affairs are being administered by court, who have entered into an arrangement with creditors, who have suspended business activities or who are subject of an injunction against running business by court;
  5. they are the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by court, or for an arrangement with creditors or of any other similar proceedings;
  6. they have been convicted of an offence concerning their professional conduct by a court;
  7. they have been found guilty of grave professional misconduct; or
  8. they have not fulfilled obligations relating to payments of taxes or social security contributions.
2. 5.         Validity of Proposal

Proposals must remain valid for 90 calendar days after the proposal submission deadline

2. 6.        Clarification on the RFP

Responses to questions raised shall be shared with all the Consultants who will have provided their e-mail addresses to AGRA.

Consultants may request a clarification of any of the RFP documents only up to seven [7] days before the proposal submission date. Any request for clarification must be sent in writing by electronic mail to procurement@agra.org.

AGRA will respond by electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited consultants who intend to submit proposals.

2. 7.         Amendment of RFP Documents

At any time before the submission of proposals, the Client, AGRA may for any reason, whether at its own initiative or in response to a clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail to all invited consultants and will be binding on them.

The Client may at his discretion extend the deadline for the submission of proposals, if deemed necessary, to allow bidders reasonable time to take the amendment into account.

2. 8.        Communication

Communication between bidders or their agents and any official of AGRA is strictly forbidden except as provided for in the relevant sections of this RFP. Infringement of this clause may lead to automatic disqualification from the bid process.

2. 9.        Taxes

The financial proposals shall include all applicable taxes quoted separately. If taxes are not mentioned in the financial proposal, AGRA shall consider that they are included in the prices provided.

2. 10.     Currency

The financial proposal shall be in United States Dollars.

2. 11.      Disclaimer

AGRA may at any time, terminate the RFP without entering into a contract and also reserves the right to accept or reject any or all applications and is not bound to give reasons for its decision. AGRA is also not obligated to award the procurement to the firm that offers the lowest price.

2. 12.     Agra Policy and Standard Terms and Conditions

(a)      AGRA Employees

All proposals must indicate any/all known AGRA employees and/or near relatives who hold a position in your organization or have been engaged as a consultant for your organization within the last two years.  Also indicate any known AGRA employees or near relatives that own or control more than a ten percent (10%) interest in your organization.  If there are none, state so.

b)     Conflict of Interest

The   Consultant shall not hire any officer or employee of AGRA to perform any service covered by this agreement. The   Consultant should ascertain that to the best of their knowledge there exists no actual or potential conflict between Consultant’s family, business, or financial interest and the service provided under this agreement, and in the event of change in either private interests or service under this agreement, any question regarding possible conflict of interest which may arise as a result of such change will be raised with AGRA.

The   Consultant shall not be in a reporting relationship to AGRA employee who is a near relative, nor shall the near relative be in a decision-making position with respect to the Consultant.

(c)      Ethics

The Consultant will exercise extreme care and due diligence to prevent any action or conditions which could result in conflict with the best interest of AGRA.

Throughout the term of any agreement resulting from the RFP, Consultant will not accept any employment or engage in any work which creates a conflict of interest with AGRA or in any way compromises the work to be performed under this RFP or any agreement resulting from this RFP.  The Consultant and its employees will not offer gifts, entertainment, payment, loans, or other gratuities or consideration to AGRA employees, their families, other Consultants, subcontractors, or other third (3rd) parties for the purpose of influencing such persons to act contrary to AGRA’s interest or for personal gain. The Consultant will immediately notify AGRA of any and all such violations of this clause upon becoming aware of such violations.

(d)     AGRA’s Right to Reject or Modify

Selection of a proposal does not mean that all aspects of the proposal(s) are acceptable to AGRA.  AGRA reserves the right to negotiate the modification of the proposal terms and conditions prior to the execution of a contract, to ensure a satisfactory procurement.

(e)      Supplemental Terms and Conditions/Modifications

Any supplemental terms or conditions, or modification or waiver of these terms and conditions must be in writing and signed by a Consultant and AGRA.

2. 13.     Form of Agreement

The contents of this RFP and the proposal document of the successful Consultant shall become contractual obligations as part of the Contract if acquisition action ensues.  Failure of a successful Consultant to accept these obligations in a contractual agreement shall result in cancellation of award.  AGRA reserves the right to negotiate provisions in addition to those stipulated in this RFP or proposed by Consultant for the purpose of obtaining the best possible contract.

2. 14.     Marketing References

The successful Consultant shall be prohibited from making any reference to AGRA, in any literature, promotional material, brochures, or sales presentations without the express written consent of AGRA.

2. 15.     Disclosure of Records

All bids, supporting materials, and related documentation will become the property of AGRA.  This Request for Proposal, together with copies of all documents pertaining to any award, if issued, shall be kept for a period of five years from date of contract expiration or termination and made part of a file or record which shall be open to public inspection. If the response contains any trade secrets that should not be disclosed to the public or used by AGRA for any purpose other than evaluation of your approach, the top of each sheet of such information must be marked with the following legend: “CONFIDENTIAL INFORMATION”

All information submitted as part of the bid must be open to public inspection (except items marked as trade secrets) after the award has been made.  Should a request be made of AGRA for information that has been designated as confidential by the   Consultant and on the basis of that designation, AGRA denies the request for information, the   Consultant will be responsible for all legal costs necessary to defend such action if the denial is challenged in a court of law.

2. 16.     Evaluation Criteria

The following criteria shall be used during technical evaluation:

  1. Specific experience of the firm relevant to the Assignment:  (20%)
  2. Adequacy and quality of the proposed methodology, and work plan in responding to the Terms of Reference (TORs):
    • Technical approach and methodology: (20 %)
    • Work plan:                              (5%)
    • Organization and staffing:   (5%)

Total weight for criterion (B):                        (30%)

  1. Key Experts’ qualifications and competence for the Assignment:
  2. Team Leader: (20%)
  3. HCD or behavioral expert 2 (15%)
  4. Digital finance expert 3              (15%)

Total weight for criterion (C):                        (50%)

2. 17.     Procurement Complaints

A Procurement protest is defined in this context as any allegations made by an individual or entity with respect to the failure of AGRA or any of AGRA staff to comply with relevant procurement procedures and uphold the basic principles and standards of integrity, transparency, and fairness expected in the public procurement context.

Any bidder or contractor who has been aggrieved in connection with the solicitation or award of a contract by AGRA may file a complaint to AGRA through writing an email to procurementcomplaints@agra.org.

The protest must contain the following information:

The protestor’s name, address, and telephone number;

  • The solicitation or contract number, the name of contracting office;
  • A detailed statement of all factual and legal grounds for the protest and an explanation of how the protester was wronged;
  • Copies of relevant documents supporting protester’s statement;
  • All information establishing that the protestor is an interested party for the purpose of filing a protest; and
  • All information establishing the timeliness of the protest.

Section 3: Technical Proposal Forms (TPF)

9    Technical Proposal – Standard Forms

Checklist of Required Forms

Required for Technical Proposal (√) FORM DESCRIPTION
TPF-1 Technical Proposal Submission Form
TPF-2 Consultant’s Organization and Experience
TPF-2A A. Consultant’s Organization
TPF-2B B. Consultant’s Experience
TPF-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client.
TPF-3A A. On the Terms of Reference
TPF-3B B. On the Counterpart Staff and Facilities

(information should be provided to consultants  on country level staff, facilities and support if available)

TPF-4 Description of the Approach, Methodology, and Work Plan for Performing the Assignment
TPF-5 Work Schedule and Planning for Deliverables
TPF-6A Team Composition, Key Experts Inputs
TPF-6B Curriculum Vitae (CV)

Proposal Form tpf-1

Technical Proposal Submission Form

{Location, Date}

To:       [AGRA]

Dear Sir/Madam:

We, the undersigned, offer to provide the consulting services ……………………… in accordance with your Request for Proposals dated [Insert Date] and our Proposal.  “We are hereby submitting our Proposal, which includes the Technical Proposal and a Financial Proposal submitted in separate emails.”].

We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of each Sub-consultant.}

We hereby declare that:

(a)        All the information and statements made in this Proposal are true and we accept that any misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification by AGRA.

(b)        Our Proposal is valid for 90 days and shall remain binding upon us for this period of time

(c)        We have no conflict of interest in accordance with the instructions to consultants

(d)       We undertake to negotiate a Contract on the basis of the proposed Key Experts. We accept that the substitution of Key Experts for reasons other than those stated may lead to the termination of Contract negotiations.

(e)        Our Proposal is binding upon us and subject to any modifications resulting from the Contract negotiations.

(f)        Our financial proposal is password protected and the password shall be provided upon request from Procurement Unit. We accept that failure to remember or to add the password to our financial proposal may lead to rejection of our proposal.

We understand that AGRA is not bound to accept any Proposal that it receives.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:                                                            

Name and Title of Signatory:                                                                                  

Address:                                                                                                                  

Contact information (phone and e-mail):                                                              

Technical proposal Form tpf-2

Consultant’s Organization and Experience

TPF -2: is a brief description of the Consultant’s organization providing an outline of the recent experience of the Consultant that is most relevant to the assignment. For each assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-consultants who participated, the duration of the assignment, the contract amount (total and, if it was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant), and the Consultant’s role/involvement.

A – Consultant’s Organization

Provide a brief description of the background and organization of your company, and in case of multi-country, provide information on each member for this assignment.

B – Consultant’s Experience

  1. List only previous similar assignments successfully completed in the last 5 to 10 years.
  2. List only those assignments for which you were legally contracted or was one of the joint venture partners. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references if so requested by the AGRA.
Duration Assignment name & brief description of main deliverables Name of Client & Country of Assignment Approx. Contract value (in USD)Amount paid to your firm Role on the Assignment
{e.g., Jan.2009– Apr.2010} {e.g., “Analysis of seeds systems ……………”: designed of regulatory framework for ……..; } {e.g., US$1 mill} {e.g., Lead partner in ….. team lead to…..
{e.g., Jan-May 2008} {e.g., “Support to ABC project…..” : {e.g., US$0.2 mil} {e.g., sole Consultant}

Technical proposal Form tpf-3

information on the Terms of Reference, Counterpart Staff, and Facilities to be Provided by the Client

TPF-3: Include comments and suggestions on the Terms of Reference that could improve the quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities, which are provided by the Client, including: administrative support, office space, local transportation, equipment, data, etc.

9.1.1.1

A – Terms of Reference

(Suggestions on improvements to the Terms of Reference, if any)

B – On Counterpart Staff and Facilities

(Include comments on counterpart staff and facilities to be provided by the Client. For example, administrative support, office space, local transportation, equipment, data, background reports, etc., if any)

Technical proposal Form tpf-4

Description of Approach, Methodology, and Work Plan in Responding to the Terms of Reference

TPF -4: is a description of the approach, methodology and work plan for performing the assignment, including a detailed description of the proposed methodology for stakeholders’ consultation and validation of findings.

Suggested structure of your Technical Proposal:

  1. Technical Approach and Methodology
  2. Work Plan
  3. Organization and Staffing}

a) Technical Approach and Methodology. (Please explain your understanding of the objectives of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in here.)

b) Work Plan. (Please outline the plan for the implementation of the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Client), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the Work Schedule Form.

c) Organization and Staffing. (describe the structure and composition of your team, including the list of the Key Experts and relevant technical and administrative support staff) 

TECHNICAL PROPOSAL FORM TPF- 5

Work Schedule and planning for deliverables

Deliverables 1 (D-..) Months
1 2 3 4 5 6 7 8 9 ….. n TOTAL
D-1 {e.g., Deliverable #1: Identification of stakeholders or legislative framework…………
  1) inception meeting
  2) desk review
  3) data analysis…….
  4) incorporating comments
  5)  …………………………………..
  6)  delivery of final report to Client}
 
 
D-2 {e.g., Deliverable #2:……………}
 
 
n

1     List the deliverables with the breakdown for activities required to produce them and other benchmarks such as required approvals.  For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.

2    Duration of activities shall be indicated in a form of a Gantt Chart.

  1. Include a legend, if necessary, to help read the chart.

Technical proposal Form tpf-6A

Team Composition, Assignment, and Key Experts’ inputs

Name Expert’s input (in man-days) per each Deliverable (listed in TPF-5) Total time-input

(in Months)

Position   D-1   D-2   D-3 ……..   D-…       Home Field Total
KEY EXPERTS
TL-1 (e.g., Mr. abcd) [Team Leader] [Home] [1.5 month] [1.0] [1.0]
[Field] [0.5 m] [2.5] [0]
E-2
E-3
n
Subtotal
9.1.1.1.1.1
NON-KEY EXPERTS
N-1 [Home]
[Field]
N-2
n
Subtotal
9.1.1.1.1.2
Total

1     For Key Experts, the input should be indicated individually for the same positions across the select countries.

2    Months are counted from the start of the assignment/mobilization.  One (1) month equals twenty two (22) working (chargeable) days. One working (chargeable) day shall be not less than eight (8) working (chargeable) hours.

3    “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in AGRA’s country but which is outside the expert’s country of residence.

Full time input

Part time input

Technical proposal Form tpf-6B

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}
Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Country of Citizenship
Country of Residence

Education: (List college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained)

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Employment record relevant to the assignment: (Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.)

Period Employing organization:

 Title/position:

 References:

Country Summary of activities performed relevant to the Assignment
[e.g., May 2001-present] [e.g., Company/consultant to…

For references: Mr. David Amos,…….

Tel…………/e-mail……;

   
       
       

Membership in Professional Associations and Publications:

 __________________________________________________________________________________________________________________________________________________________________________

 Language Skills (indicate only languages in which you can work): ______________________________________________________________________________________________________________________

Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

 

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks
{List all deliverables/tasks as in TECH- 5 in which the Expert will be involved)

 

 

 

 

 

 

 

   
   

Expert’s contact information :  (e-mail…………………………….………………………………., phone………………………………………………………)

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience, and I am available to undertake the assignment in case of an award. I understand that any misrepresentation described herein may lead to my disqualification by AGRA.

{day/month/year}

Name of Expert                                                           Signature                                                       Date

{day/month/year}

Name of authorized                                        Signature                                                                    Date

Representative of the Consultant

(the same who signs the Proposal)

Section 4. Financial Proposal Forms

Financial Proposal Forms shall be used for the preparation of the Financial Proposal according to the instructions provided in Section 2.

FPF-1        Financial Proposal Submission Form

FPF-2        Summary of Costs

FPF-3        Breakdown of Remuneration

FPF-4        Reimbursable expenses

Financial proposal forms FPF-1

Financial Proposal Submission Form

{Location, Date}

To:       AGRA

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in accordance with your Request for Proposal dated [Insert Date] and our Technical Proposal.

Our attached Financial Proposal is for the amount of {Indicate the corresponding to the amount(s) currency(ies)} {Insert amount(s) in words and figures}.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of the Proposal.

Our financial proposal is password protected and the password shall be provided upon request from Procurement Unit. We accept that failure to remember or to add the password to our financial proposal may lead to rejection of our proposal.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:                                                                        

Name and Title of Signatory:                                                                                              

In the capacity of:                                                                                                               

Address:                                                                                                                              

 

E-mail: _________________________

FINANCIAL PROPOSAL FORM FPF-2 SUMMARY OF COSTS

                                                                                                                                                                                  

Item Cost

 

{Insert Foreign Currency # 1} USD value Total cost
Cost of the Financial Proposal, including      
(1) Remuneration
(2) [Reimbursables]
Total Cost of the Financial Proposal:
Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded
(i)                 {insert type of tax. e.g., VAT or sales tax}
(ii)              {e.g., income tax on non-resident experts}
(iii)            {insert type of tax}
Total Estimate for Indirect Local Tax:

Note: Payments will be made in USD/KES (To be specified as applicable)
FINANCIAL PROPOSAL FORM  FPF-3  BREAKDOWN OF REMUNERATION  

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the calculation of the Contract’s amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the Consultant for possible additional services requested by the AGRA. This Form shall not be used as a basis for payments under Lump-Sum contracts

A. Remuneration                                       
No. Name Position Person-month Remuneration Rate Time Input in Man-days {Currency) USD Total USD cost
  Key Experts

 

 
K-1 [Home]
[Field]
K-2
  Non-Key  Experts
N-1 [Home]
N-2 [Field]
Total Costs

FINANCIAL PROPOSAL FORM  FPF-4  BREAKDOWN OF [REIMBURSABLE EXPENSES]

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for calculation of the Contract amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the Consultant for possible additional services

Type of [Reimbursable Expenses] Unit Unit Cost Quantity {Currency} Total value in USD
{e.g., Per diem allowances**} {Day}
{e.g., International flights} {Ticket}
{e.g., In/out airport transportation} {Trip}
{e.g., Communication costs between Insert place and Insert place}
{ e.g., reproduction of reports}
{econsumables
………………………………
                                                               Total Costs

Section 5: Terms of Reference (TORs)

12                      

  1. Background

Founded in 2006, the Alliance for a Green Revolution in Africa (AGRA), is an African-led, African-based organization focused on putting smallholder farmers at the center of the continent’s growing economy by transforming agriculture from a solitary struggle to survive into farming as a business that thrives. As the sector that employs the majority of Africa’s people, nearly all of them small-scale farmers, AGRA recognizes that developing smallholder agriculture into a productive, efficient, and sustainable system is essential to ensuring food security, lifting millions out of poverty, and driving equitable growth across the continent. AGRA currently works in 11 countries namely, Kenya, Uganda, Tanzania, Ghana, Nigeria, Mozambique, Mali, Burkina Faso, Ethiopia, Rwanda and Malawi.

In 2014, Mastercard Foundation awarded an USD 15.5 million grant to AGRA to implement the Financial Inclusion for Smallholder Farmers in Africa Project (FISFAP) over five years with the aim of improving the productivity and incomes of 728,000 smallholder farmers in Ghana, Kenya, and Tanzania through enhanced access to and understanding of financial services.

Till date, FISFAP has funded 18 partnerships (see Annex 1 below) with a budget of USD 7.5 million to develop, pilot and roll out appropriate and affordable financial and non-financial solutions for smallholder farmers, often by using digital technology to enhance outreach and reduce costs of serving farmers.

Problem to be addressed

Digital (financial)   solutions, enabling farmers to access inputs, markets, information and financial services, help to reduce the cost of delivery of such services and allow for data gathering, but the usage by farmers is often not at the level that allows the solution providers to sustainably deliver those services. This has led to discontinuation of some solutions and struggling providers that continue to rely on donor funding to offer the solutions to farmers.

During the implementation phase of AGRA’s 18 partnerships, the desire to understand the farmers’ need has always been at the center. AGRA therefore offered each partner the possibility to apply for in-kind technical assistance to help partners understand the farmers’ needs, receive support in human centered design or get support in product development and testing. Nine of the partners have invested in or benefitted from customer focused support; these nine are listed in the table below. AGRA partners and other similar solution providers in the Mastercard Foundation’s portfolio want to understand to what extent the recommendations have been implemented and what the outcomes were as a result of the changes implemented.

Despite this support, some of the FISFAP supported solutions have difficulties transforming the initial registration and uptake into continued active usage of the solution[1]. This leads to flaws in the business model as revenues lag behind and the investments made to get farmers registered do not translate in a steady cash flow and sustainable business case for the solution provider. Other Mastercard Foundation (MCF) partners such as the Fund for Rural Prosperity and the Rural Learning Lab are encountering similar challenges with some of their partners; hence, the desire to understand what can be done to make registered farmers active users of digital solutions so that the attrition or churn rate decreases?

  1. Objectives of the assignment

While digital solutions have shown great potential to address traditionally undeserved needs and can enable significant cost efficiencies, most of them struggle to reach financial sustainability at sub-scale. In reaching their optimal scale, a large number of digital solutions encounter two key challenges:

  1. high registration but low active usage rates and
  2. high customer attrition.

This study aims to understand the extent to which human-centered deign and behavioral intervention advisory services are effective tools to drive uptake, usage and customer loyalty of digital solutions. To do so the study will (1) synthesize lessons learned from existing research / case studies on the application of HCD for digital solutions and (2) support selected partners.

This proposed study and related learning event seeks to:

  1. Draw lessons from existing interventions and partners to understand current approaches, pilots and results of HCD and to identify why the (customer focused) support services have not translated into enhanced usage of solutions.
  2. Support the selected partners in applying (small concrete) recommendations that drive their solutions’ uptake, usage and customer loyalty.

The partners that have benefitted from support to understand farmers’ needs and implement HCD trajectories and that can be part of this study might include but are not limited to:

Partners Solution Support provided (service provider)
KCB Kenya Mobigrow: mobile account farmers HCD support in product design (frog). More support provided by AFA (DIG)
Positive International Tanzania Lay away for Input purchase HCD  support through CGAP (Dalberg Impact Group)
First Allied Ghana Agency Banking Strategy and Incentive systems (Helix)
SELF Tanzania Product development Product development (MSC)
Success for People Ghana Input and Warehouse receipt finance Product development (MSC)
ACRE Africa Kenya Insurance delivered through seed purchase 3 HCD support trajectories (Busara, GSMA, MSC)
e-Granary Kenya Full service platform Product assessment (EATH)
ETC Agro Tanzania Tractor services for smallholders HCD on digital solution for demand and supply match making (IDEO)
NMB Tanzania Mobile accounts for smallholders HCD on digital accounts for cashew and cotton (Dalberg Impact Group through AFA)

We suggest to also include partners that have not yet benefitted from this support but are struggling with the uptake vs usage or awareness versus adoption gap. These partners are:

Partners Solution Issue encountered
Quincewood Tanzania e-verification Farmers not finalizing the verification process.
AMTECH Kenya Linking Saccos and cooperatives software Full usage of IT solution provided
Trotro Ghana ‘Uber for Tractors” TBD
Advans Bank Value chain finance through mobile accounts TBD
TAPBDS Insurance through aggregators TBD
Hello tractor Kenya ‘Uber for Tractors” Effectiveness of booking agents to attract farmers and Uptake by tractor owners

 

  1. Scope of work

The scope of work includes completion of the services and deliverables listed below;

  1. Conduct an assessment of the effectiveness of the delivered HCD and behavioral intervention advisory services.
  • What were the services and advices provided? In hindsight, what was missed? What oversights? What was lost in interpretation or translation?
  • What has been implemented? What has not been implemented? Why or why not?
  • What were the results of the implementation on the usage of the solution by farmers? What were the Before / After testing results, if any?
  • Conclude on the effectiveness: what has worked, what has not worked. What should HCD and behavioral interventions focus on?
  1. Support up to 5 (to be selected) AGRA partners to customize and implement HCD and behavioral science interventions and recommendations to ensure that active usage rates of digital solutions improves. Test whether usage of digital solutions goes up. The support should result in concrete action plans that the solution provider is committed to implement. On a cost share basis, AGRA can provide result based funding (if needed) to support the implementation of the action plan.
  2. Organize a stakeholders’ workshop to present and discuss the findings of the assignment and the implementation of the action plan.

 

  1. Methodology

The consultant is invited to propose their own methodology based on the understanding of the terms of reference. We expect the following phases:

  • Discovery phase – Reading and synthesizing existing literature, Partner visits, Farmer visits and focus groups
  • Implementation phase — Partner level implementation, Farmer visits, focus groups, Data analysis, before/after testing;
  • Consolidation and learning phase — data analysis, reflection times, workshops;

 

  1. Output and Deliverables
  • First report with work plan and milestones to be discussed and approved
  • Assessment report on the implementation and related effectiveness of the HCD and behavioral science interventions
  • Short action plans and progress reports on the 5 implementation trajectories
  • Learning document for public distribution

 

  1. Application submission requirements

Technical Proposal

  • Relevant experience related to the assignment;
  • Understanding and interpretation of the terms of references;
  • Methodology to be used in undertaking the assignment;
  • Curriculum Vitae of key personnel;
  • Workplan with time and activity schedule.

Consultants are encouraged to work as consortia in order to benefit from the experience and previous assignments done in this area and in order to finalize the assignment before 31 March 2020.

Financial Proposal

  • A breakdown of the financial proposal in USD indicating daily rate for each of the proposed experts, time input and all applicable reimbursable expenses (international and/or local transport, accommodation as applicable);
  • All applicable taxes (VAT and withholding taxes) should be quoted separately;
  • If the financial proposal is silent on taxes, AGRA shall assume that these are inclusive;
  • Other costs, e.g. accommodation, travel, support staff, printing and other incidental costs will be reimbursed based on the actual costs incurred.

Period of Performance

The assignment will be undertaken in maximum of 150 days in proposed three phases;

  • Assessment: 20 days
  • Implementation: 120 days (5 x 24 days)
  • Workshop, learning reports: 10 days

Annex 1 Relevant literature and research

Existing customer focused research and support focused on enhancing usage of digital solutions

Cenfri and Finmark Trust, through the Mastercard Foundation funded I2I program, have curated and synthesized[2] 18 unique behavioural interventions that Financial Services Providers can implement to influence the savings, credit, payment and insurance decisions of individuals. These interventions can be implemented with customers across several typical promotion, sales and servicing interaction points. Such interventions have proven to effectively reduce the cost of acquiring new customers, improve the retention of existing customers and reduce the occurrence of customers that use financial services but that increase the cost of providing those services (e.g. through inactive bank accounts or low savings balances).

Busara Center for Behavioral Economics has developed an approach of segmenting customers on the basis of which solutions can be adapted and tweaked to better meet each type of customer’s needs. The effects of those tweaks and nudges on the activation of farmers and increased usage can then be tested after which adoption or rejection of the proposed changes can take place. Busara accepts a result based payment, meaning their remuneration is partially based on the success of the proposed ‘tweaks’, meaning enhanced usage and decreased churn rates.

Ideas42 uses behavioral science to strengthen existing financial products, create new ones, and enable farmers to make long-term decisions with their money. Additionally, they focus on the adoption of best practices. The traditional model for encouraging and teaching these best practices is heavily based around supplying information. Yet, they know from behavioral science research that providing new information is not enough to lead to lasting action or behavior change. There is an opportunity to both strengthen existing agricultural extension infrastructure and create new systems, tools, and products to support the adoption of these helpful best practices by smallholder farmers.

Microsave has provided client centric advisory services to 4 AGRA partners[3] in view of improving the product design, uptake and usage of the proposed solutions. They have worked on delivery channels (agency banking), products (income smoothening and warehouse receipting) and information provision models (champion promote model). These services were provided as a replacement of a permanent staff member in AGRA who was originally proposed for the FISFAP program.

Section 6: Award of Contract

Notification of Award

Prior to the expiration of the proposal validity period, AGRA shall notify the successful bidder in writing that, its proposal is successful and has been accepted. Only unsuccessful bidders who passed the Technical Evaluation shall be informed of their bid outcome.

Award of Contract

The successful bidder will be notified and invited to enter into negotiations with the aim of reaching final agreement and execution of a contract

Signature of the Contract

After notification of award, AGRA will send the successful bidder, the Draft Contract and any Standard/Special Conditions. The bidder shall sign and send the signed copy back within a specified time period.

Agreement for Consultancy Services

  1. Preamble

1.1. This agreement, dated [AGREEMENTDATE] is made BETWEEN Alliance for a Green Revolution in Africa (“AGRA”), a not-for-profit corporation registered under the Laws of the State of Washington in the United States of America and having an office and place of business in the Republic of Kenya at West End Towers, 4th Floor, Kanjata Road, off Muthangari Drive, Off Waiyaki Way and Post Office Box 66773, Westlands 00800, Nairobi, Kenya (hereinafter referred to as “AGRA” which expression shall where the context so admit include all its affiliates, successors and assignees) of the one part and [CONTRACT OR NAME] having an office and place of business at [CONTRACTOR STREET ADDRESS] and whose address is [CONTRACTOR POST ADDRESS] and (hereinafter referred to as the “Consultant ” which expression shall where the context so admit include all its affiliates, successors and assignees) of the other part.

1.2. AGRA was formed to help start a new sustainable and equitable “Green Revolution” in Africa, one that will dramatically increase the productivity of smallholder farms, thus helping move tens of millions of people out of extreme poverty and significantly reduce hunger. AGRA is an alliance of the Rockefeller Foundation, The Bill and Melinda Gates Foundation, UK’s Department for International Development, African Governments, other donors, NGOs, the private sector and African farmers. AGRA has its headquarters in Nairobi, Kenya and offices in a few other African countries.

1.3 Through this agreement, AGRA has engaged the Consultant to [CONTRACTOBJECTIVE]. The Consultant will report to [AGRASUPERVISORNAME], [AGRASUPERVISORTITLE]. (Email: [AGRASUPERVISOREMAIL]).

In consideration of mutual promises and covenants in the Agreement, the parties agree as follows:

  1. Contractual Definitions
  2. a) “Agreement”means the terms and conditions contained herein including any attachments, schedules or addition or modification thereof that may arise during the life of the consultancy;
  3. b) “Confidential information”means all information which may be imparted in confidence or be of a confidential nature relating to the business or prospective business, current or projected plans or internal affairs of AGRA and, in particular, but not limited to all Know-how, Marketing Information, trade secrets, unpublished information relating to AGRA’s intellectual property and any other commercial, financial or technical information relating to the affairs and management of AGRA or to any grant beneficiary, or grant beneficiary or donor or potential donor, licensee, officer or employee of the AGRA.
  4. c) “Commencement Date”means [AGREEMENTSTARTON].
  5. d) “Contract Period”means the period between [AGREEMENTSTARTON] and [AGREEMENTENDON].
  6. e) “Services”means the variety of tasks listed under clause 3.1 on Scope of Services, which comprises the following documents:

– the Consultant’s terms of reference (TOR) which is marked as Annex 1

– the Consultant’s Technical proposal which is marked as Annex 2

In the event of any conflict or ambiguity between the provisions of this Agreement and the TOR or the Consultant’s Technical proposal, the terms of this Agreement shall prevail.

  1. f) “Work”means all written work or other materials of any nature created by the Consultant under this agreement.
  2. Scope of Services

3.1. The Consultant is expected to [BRIEFDESCRIPTIONOFSERVICE].

3.2. Unless prevented by ill health or accident and subject to the express provisions of this Agreement, the Consultant will make these services available to AGRA from the Commencement Date and on such times and dates as may be agreed by the Consultant and AGRA.

[CONTRACTREPORTINGSCHEDULE]

  1. Time Frame and Fees

4.1. The total Consultant’s fee is [AMOUNT], [AMOUNTBREAKDOWN]

4.2 [PAYMENTSCHEDULE]

4.3. All invoices must be electronically submitted to invoices@agra.org.

  1. Taxes

5.1. The Consultant shall be responsible for payment of taxes and all statutory payments including and without limitation, income tax as may be due or payable in respect of any income earned pursuant to this Agreement.

5.2. AGRA shall withhold such percentage of the fees as the law may prescribe from time to time as Withholding Tax in which case it shall provide the Consultant with a Withholding Tax Certificate.

  1. Consultant’s Warranties and Indemnities

6.1. The Consultant warrants that it has the requisite skill, knowledge and authority to perform the Services and shall perform the Services in accordance with the highest professional standards.

6.2. The Consultant agrees that all invoices and reports rendered to AGRA shall reflect properly the facts about all activities and transactions handled for AGRA, which data may be relied upon as being complete and accurate in any further recordings and reporting made by AGRA for whatever purpose.

6.3. The Consultant warrants and represents to AGRA that s/he is an independent contractor. Nothing in this Agreement shall render the Consultant an employee, agent or partner of AGRA and the Consultant will not hold him/her self out as such.

6.4. The Consultant warrants to AGRA that by entering into this Agreement and performing the Services, s/he shall not be in breach of any contract or other obligation and will be in compliance with all applicable laws.

6.5 The Consultant warrants that the Work does not and will not contain any matter that is obscene or libelous, in violation of any copyright, trademark, proprietary right, or personal right of any third party, or otherwise violate any law and that they are free to provide the services under this Agreement and are not bound by any agreement that restricts the performance of the services under this Agreement.

6.6. If for any reason beyond the reasonable control of the Consultant, it becomes necessary to replace any of its personnel, the Consultant shall provide as a replacement a person of equivalent or better qualifications and expertise and the Consultant shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of such personnel.

6.7. The Consultant will indemnify AGRA on an after-tax basis against any claims, levies or assessments for taxes and social security payments which may be found due from AGRA on any payments made to them under this Agreement together with any interest, penalties or gross-up thereon.

6.8. The Consultant agrees to defend, indemnify and hold AGRA, its licensees and assigns, harmless against and from any and all claims, liabilities, damages or expenses (including reasonable attorney’s fees) that AGRA incurs based on a third party claim arising from a breach of the warranties, covenants, duties or obligations under this agreement that may result from any action or omission by the Consultant.

  1. Insurance

While the Consultant or its associates are engaged on AGRA business, it will not be covered under any of the group policies carried by AGRA. The Consultant is expected to make its own insurance arrangements.

  1. Confidentiality

8.1 The Consultant acknowledges that in the course of dealing with AGRA pursuant to this Agreement, it will come across Confidential Information, disclosure or use of which might result in damage or loss to the business or affairs of AGRA.

8.2 The Consultant will not disclose Confidential Information without the prior written consent of AGRA unless such information is already in the public domain or if the Consultant is required by law to disclose such information.

8.3 The Consultant shall ensure that all its agents, employees and sub-contractors abide by the provisions on confidentiality as set out in this Agreement.

8.4 The provisions of this clause shall survive the termination of this Agreement.

  1. Intellectual Property

9.1 By signing and returning the a copy of this agreement, the consultant acknowledges and agrees that all written work or other materials of any nature created by the consultant under this agreement (the “Work”) shall be deemed specially ordered and commissioned as “works made for hire” under U.S. copyright laws. Accordingly, AGRA is the author of the Work for all purposes and will forever own all worldwide rights, title and interest in the Work, including copyright and all other proprietary rights. If the Work or any part of it is determined not to be a work made for hire, then, as of the date of this agreement or the date of creation, whichever is earlier, and without further consideration, the consultant assigns irrevocably to AGRA all worldwide rights in the Work, including all copyrights and renewals and extensions of them and all other proprietary rights arising under the laws of the United States or of any other country or under any treaty, convention, or proclamation.

9.2 The consultant agrees to execute and deliver to AGRA any documents that AGRA deems necessary for AGRA to perfect, confirm or register its rights in the Work. The consultant waives all rights generally known as “moral rights” in the Work under any present or future law, to the extent they can be waived under any applicable law, and the consultant understands that AGRA, its licensees and assigns may edit, modify, or adapt the Work, use the Work in combination with other materials and create derivative works based on the work.

  1. Expiration of Contract

The Agreement shall terminate on satisfactory completion of the Services outlined in clause 3 above, or upon termination by either party pursuant to the terms of this Agreement.

  1. Breach of this Agreement

11.1. If either party breaches any provision or term of this Agreement, all of which shall be deemed to be material and such party fails to remedy such breach within five (5) days of receipt of written notice requiring it to do so, the aggrieved party shall be entitled, without notice and in addition to any remedy available to it in law or under this Agreement, to:

  1. a) terminate this Agreement; or
  2. b) to claim specific performance with or without damages.
  3. Termination

12.1. Either party can terminate the Agreement by giving fourteen (14) days’ written notice to the other party, or earlier if agreed by both parties.

12.2. AGRA may by written notice summarily terminate this Agreement with immediate effect if:

  1. a) the Consultant breaches any term of this Agreement which, in the case of a breach capable of remedy, is not remedied by the Consultant within five (5) days of a written notice from AGRA specifying the breach and requiring its remedy;
    b) the Consultant becomes insolvent; or
    c) the  personnel of the Consultant conduct themselves in any manner which in the reasonable opinion of the Board, brings or is likely to bring AGRA into disrepute.

12.4. In the event of this Agreement being concluded whether by expiry of the Contract Period, breach or otherwise:

  1. a)  AGRA shall pay to the Consultant the outstanding Fee, or a portion thereof based in the sole opinion and determination of AGRA, on the satisfactory level and/ or standard of completion of the Services;
  2. b)   Consultant shall promptly return to AGRA any materials, whether or not complete, produced in connection with the Services and all materials and information it received from AGRA regardless of the medium in which they are fixed, including all copies of them; and
  3. c)   AGRA shall be entitled to take any further action and seek further remedies against the Consultant in order to protect its rights and/or interests arising out of this Agreement.
  4. Failure to Reach Agreement

Where it is specified in this Agreement that certain matters are to be agreed between the Parties, failure to reach agreement in respect of such matters shall not affect the validity and enforceability of the whole or any part of this Agreement.

  1. Dispute Resolution

The Parties shall attempt to settle amicably any claim, controversy or dispute that may arise in the interpretation of this Agreement. In the event that any claim, controversy or dispute cannot be resolved amicably within 20 (twenty) days from the date of such claim, controversy or dispute has occurred, then the claim, controversy or dispute, as the case may be, shall be exclusively referred  to a single arbitrator to be agreed between the parties or failing agreement to be appointed by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act No. 4 of 1995 of the Laws of Kenya or of any enactment amending or replacing the same shall apply. Such decision of the Arbitrator appointed herein shall be binding to the extent permissible by law. The Parties may however appeal against the decision of an arbitrator(s) on any point of law or fact.

  1. Relationship of the Parties

15.1 This Agreement shall not constitute or imply any partnership, consortium, association, joint venture, agency, fiduciary relationship or other relationship between AGRA and the Consultant other than the contractual relationship expressly provided for in this Agreement.

15.2 Nothing contained in this Agreement shall be deemed or construed to create an employment relationship between the Consultant and AGRA. The Consultant will neither have nor enjoy any rights whatsoever against AGRA as an employee under the employment laws in force in Kenya.

  1. Cession and Assignment

16.1 Neither the benefit nor the burden of this Agreement may be assigned or sub-contracted in whole or in part by the Consultant without the prior written consent of AGRA.  Such consent may be given subject to any conditions which AGRA considers necessary.  AGRA may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Consultant.

16.2   The Consultant or, where applicable its lawful assignees, shall at all times remain responsible for the proper performance of the Services under this Contract and fulfillment of its obligations and for all the acts and omissions of its sub-contractors in connection with this Contract.

  1. Amendment

17.1. This Agreement constitutes the sole agreement between the Parties.  No party shall be entitled to rely upon any term, warranty or representation unless it is contained herein. The Parties acknowledge that no party or its agents had made any representations not contained herein.

17.2. No waiver alteration variation or addition to this Agreement shall be effective unless made in writing and executed by both Parties in the same manner as this Agreement.

17.3. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement shall operate as an estoppel against any party in respect of its rights in terms of this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement.

  1. Applicable Law

This agreement shall be construed and governed in accordance with the laws of [GOVERNINGLAW].

  1. Anti-Corruption and Conflict of Interest

19.1 The Consultant shall not and shall ensure that its officers, employees, agents and sub-contractors shall not, pay any commission, fees or grant any rebates to any employee, officer or agent of AGRA nor favor any employee, officer or agent of AGRA with gifts or entertainment of significant cost of value nor enter into any business arrangement with employees, officers or agents other than the authorized representative of AGRA, without AGRA’s prior written approval. AGRA shall have the right to audit any and all such records necessary to confirm compliance with this clause at any time during performance of this Agreement and during the TWO (2) year period following completion of the performance.

19.2 Where the Consultant as part of the Services has the responsibility of advising AGRA on the procurement of goods, works or services, the Consultant shall comply with AGRA’s procurement guidelines and shall at all times exercise such responsibility in the best interests of AGRA. Any discounts or commissions obtained by the Consultant in the exercise of such procurement shall be for the account of AGRA.

19.3 The Consultant’s fees under this Agreement shall constitute the Consultant’s sole remuneration in connection with this Agreement or the Services and the Consultant shall not accept commissions for its own benefit, any trade commission, discount or similar payments in connection with activities pursuant to this Agreement or to the Services or in the discharge of its obligations under this Agreement and the Consultant shall use its best efforts to ensure that its personnel, any other officers, any sub-contractor/s and agents of either of them similarly shall not receive any such additional remuneration.

19.4 Breach of this clause 19 shall entitle AGRA to terminate this Agreement and any other contracts (if applicable) between the Consultant and AGRA or take any other corrective action that may be required.

19.5 As a part of a comprehensive anti-fraud and corruption policy initiative, AGRA has developed a Whistleblower policy. This policy is intended for all AGRA staff as well as external stakeholders including: vendors, consultants, contractors and grantees. The intent of the policy is to provide a mechanism to ensure transparency and integrity in all AGRA operations through a well-defined policy that protects individuals who report known or suspected acts of fraud, misconduct, corruption or illegal activity. For further details on the Policy and mechanisms of reporting an irregularity, please use the following link: https://agra.org/whistleblower-policy/

All fraud and corruption cases should be reported to agra.transparency@gmail.com

  1. Communication and Service Location

Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if effected in writing, and sent to the other party by hand delivery served upon an authorized employee of the party being served, or sent by registered post or by recognized courier service, or other method for which the sender has written proof of delivery and addressed to the addresses identified in this clause:

If to AGRA:
Alliance for a Green Revolution in Africa;
P. O Box 66773,
Westlands 00800
Nairobi, Kenya

If to CONSULTANT:
[CONTRACTORNAME][CONTRACTORPOSTADDRESS][CONTRACTORCITY], [CONTRACTOROPERATIONLAW]

  1. Force Majeure

Neither party shall be liable for any delay in performing or failure to perform its obligations under this Agreement by reason of national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of such party PROVIDED ALWAYS that the party prevented from performing its obligations under this Agreement shall notify the other party in writing of its inability at the earliest practicable time.

  1. Severability

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

[NEWPAGE]

IN WITNESS WHEREOF, each party has caused its duly authorized representative to sign and endorse this Agreement.

Consultant:
[CONTRACTORNAME]

………………………..
Signature

[CONTRACTORSIGNATORY]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

AGRA:
The Alliance for a Green Revolution in Africa

…………………………
Signature

[AGRASIGNATORYNAME][AGRASIGNATORYTITLE]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

AGRA Service Level Agreement

This Service Level Agreement (hereinafter referred to as “SLA”) is made this [AGREEMENTDATE].

BETWEEN

[CONTRACTORNAME] having an office and place of business at [CONTRACTORSTREETADDRESS] and whose address is [CONTRACTORPOSTADDRESS] and (hereinafter referred to as the “Service Provider” which expression shall where the context so admit include all its affiliates successors and assignees) of the other part.

AND

Alliance for a Green Revolution in Africa (“AGRA”), a not-for-profit corporation registered under the Laws of the State of Washington in the United States of America and having an office and place of business in the Republic of Kenya at West End Towers, 4th Floor, Kanjata Road, off Muthangari Drive, Off Waiyaki Way and Post Office Box 66773, Westlands 00800, Nairobi, Kenya (hereinafter referred to as “AGRA” which expression shall, where the context so admits, include its successors-in title and assigns) of the other part.

  1. Term:

This SLA will begin on [AGREEMENTSTARTON] and expire on [AGREEMENTENDON], with an option to extend by mutual agreement of the parties.

  1. Use of the SLA:

[CONTRACTOBJECTIVE]. The Service Provider will report to [AGRASUPERVISORNAME], [AGRASUPERVISORTITLE]. (Email: [AGRASUPERVISOREMAIL]).

  1. Scope of Services:

3.1. The Service Provider is expected to [BRIEFDESCRIPTIONOFSERVICE].

3.2. The Service Provider will make these services available to AGRA from the Commencement Date and on such times and dates as may be agreed by the Service Provider and AGRA.

[CONTRACTREPORTINGSCHEDULE]

  1. Payment:

4.1. The total Service Provider’s fee is [AMOUNT], [AMOUNTBREAKDOWN].

4.2 [PAYMENTSCHEDULE]

4.3. The fees shall be paid by AGRA within [CREDITPERIOD] upon submission of an invoice, but subject to the approval of the AGRA supervisor designated on this agreement.

4.4. All invoices must be electronically submitted to invoices@agra.org.

  1. Breach of this SLA:

If either party breaches any provision or term of this SLA, all of which shall be deemed to be material and such party fails to remedy such breach within five days of receipt of written notice requiring it to do so, the aggrieved party shall be entitled, without notice and in addition to any remedy available to it in law or under this SLA, to terminate this SLA.

  1. Termination:

6.1 Either party may terminate the SLA by giving 14 days’ written notice to the other party, or earlier if agreed by both parties.

6.2 In the event of this SLA being ended whether by conclusion of the term, breach or otherwise:

6.2.1 AGRA shall pay to the Service Provider any outstanding fee up to the effective date of termination;

6.2.2 The Service Provider shall promptly return to AGRA any information received from AGRA regardless of the medium in which they are fixed, including all copies thereof, except that the Service Provider shall be permitted to retain, subject to the terms of this SLA and for professional archival purposes only, a copy of any proposal, presentation, progress review, report or other document furnished to AGRA by the Service Provider ; and

6.2.3 AGRA shall be entitled to take any further action and seek further remedies against the Service Provider in order to protect its rights and/or interests arising out of this SLA.

  1. Amendment:

7.1 This SLA constitutes the sole agreement between the parties. No party shall be entitled to rely upon any term, warranty or representation unless it is contained herein. The parties acknowledge that no party or its agents had made any representations not contained herein.

7.2 No amendment, variation, addition or consensual cancellation of this SLA or any provisions or term thereof and no extension of time, waiver or relaxation of any of the provisions or terms of this SLA shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation which is so given or made, shall be construed as related strictly to the matter in respect whereof it was made or given.

7.3 No extension of time or waiver or relaxation of any of the provisions or terms of this SLA shall operate as an estoppel against any party in respect of its rights in terms of this SLA, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this SLA.

  1. Confidentiality:

The Service Provider will keep confidential any confidential information furnished by AGRA to the Service Provider in connection with the services (“Confidential Information”). The Service Provider will disclose Confidential Information only to its employees and agents who have a need to know and are bound to keep it confidential and will use Confidential Information only for purposes of performing the services required under the SLA. Confidential Information shall not include information that is or becomes publicly available, already known to the Service Provider, or independently acquired or developed by the Service Provider. In performing the services, the Service Provider will use and rely primarily on the Confidential Information and on information available from public sources without having independently verified any of such information.

  1. Subject to the requirements of any applicable law:

9.1 Neither party will disclose to any third party the existence or nature of this Agreement without the prior agreement of the other party hereto, except to such party’s attorneys, accountants and auditors (in each case only if such persons

(i) need to know such information,

(ii) are informed of the confidential nature of such information, and

(iii) are bound by confidentiality obligations consistent with the terms of this SLA, and except as legally required.

9.2 Neither party will disclose to any third party any information relating to the business, financial condition or other related matter without the prior written agreement of the other party hereto.

  1. Indemnification:

The Service Provider agrees to indemnify and hold AGRA harmless from and against all loss, liability, damage, cost, or expense (including reasonable attorney fees) (“Losses”) to the extent those Losses are determined by a final, non-appealable order or arbitral award to have resulted from the Service Provider’s gross negligence or willful misconduct in the performance of the services required under the SLA. AGRA agrees to indemnify and hold the Service Provider harmless from any Losses relating to the services (including any Losses asserted by AGRA, its agents or representatives, or third parties and any Losses sustained by the Service Provider when participating in any legal, regulatory, or administrative proceeding relating to the services), except to the extent those Losses are determined by a final, non-appealable order or arbitral award to have resulted from the Service Provider’s gross negligence or willful misconduct in the performance of the services. Neither party will be liable for any lost profits or other indirect, consequential, incidental, punitive or special damages.

  1. Cession and Assignment:

11.1 Neither the benefit nor the burden of this Agreement may be assigned or sub-contracted in whole or in part by the Service Provider without the prior written consent of AGRA. Such consent may be given subject to any conditions which AGRA considers necessary.  AGRA may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the  Service Provider.

11.2   The Service Provider or, where applicable its lawful assignees, shall at all times remain responsible for the proper performance of the Services under this Contract and fulfillment of its obligations and for all the acts and omissions of its sub-contractors in connection with this Contract.

  1. Applicable Law:

This SLA shall be construed and governed in accordance with the laws of [GOVERNINGLAW] without regard to conflicts of law principles.

  1. Anti-Corruption and Conflict of Interest:

13.1 The Service Provider shall not and shall ensure that its officers, employees, agents and sub-contractors shall not, pay any commission, fees or grant any rebates to any employee, officer or agent of AGRA nor favor any employee, officer or agent of AGRA with gifts or entertainment of significant cost of value nor enter into any business arrangement with employees, officers or agents other than the authorized representative of AGRA, without AGRA’s prior written approval. AGRA shall have the right to audit any and all such records necessary to confirm compliance with this clause at any time during performance of this Agreement and during the TWO (2) year period following completion of the performance.

13.2 Where the Service Provider as part of the Services has the responsibility of advising AGRA on the procurement of goods, works or services, the Service Provider shall comply with AGRA’s procurement guidelines and shall at all times exercise such responsibility in the best interests of AGRA. Any discounts or commissions obtained by the Service Provider in the exercise of such procurement shall be for the account of AGRA.

13.3 The Service Provider’s fees under this Agreement shall constitute the Service Provider’s sole remuneration in connection with this Agreement or the Services and the Service Provider shall not accept commissions for its own benefit, any trade commission, discount or similar payments in connection with activities pursuant to this Agreement or to the Services or in the discharge of its obligations under this Agreement and the Service Provider shall use its best efforts to ensure that its personnel, any other officers, any sub-contractor/s and agents of either of them similarly shall not receive any such additional remuneration.

13.4 Breach of this clause 13 shall entitle AGRA to terminate this Agreement and any other contracts (if applicable) between the Service Provider and AGRA or take any other corrective action that may be required.

13.5 As a part of a comprehensive anti-fraud and corruption policy initiative, AGRA has developed a Whistleblower policy. This policy is intended for all AGRA staff as well as external stakeholders including: vendors, consultants, service providers, contractors and grantees. The intent of the policy is to provide a mechanism to ensure transparency and integrity in all AGRA operations through a well-defined policy that protects individuals who report known or suspected acts of fraud, misconduct, corruption or illegal activity. For further details on the Policy and mechanisms of reporting an irregularity, please use the following link: https://agra.org/whistleblower-policy/

  1. Dispute Resolution:

The Parties shall attempt to settle amicably any claim, controversy or dispute that may arise in the interpretation of this Agreement. In the event that any claim, controversy or dispute cannot be resolved amicably within 20 (twenty) days from the date of such claim, controversy or dispute has occurred, then the claim, controversy or dispute, as the case may be, shall be exclusively referred  to a single arbitrator to be agreed between the parties or failing agreement to be appointed by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act No. 4 of 1995 of the Laws of Kenya or of any enactment amending or replacing the same shall apply. Such decision of the Arbitrator appointed herein shall be binding to the extent permissible by law. The Parties may however appeal against the decision of an arbitrator(s) on any point of law or fact.

  1. Communication and service location:

Any notice or communication required or permitted to be given in terms of this SLA shall be valid and effective only if effected in writing, and sent to the other party by hand delivery served upon an authorized employee of the party being served, or sent by registered post or by recognized courier service, or other method for which the sender has written proof of delivery and addressed to the addresses identified in this clause:

If to AGRA:
Alliance for a Green Revolution in Africa;
P. O Box 66773,
Westlands 00800
Nairobi, Kenya

If to the Service Provider:
[CONTRACTORNAME][CONTRACTORPOSTADDRESS][CONTRACTORCITY], [CONTRACTOROPERATIONLAW]

  1. Force Majeure:

Neither party shall be liable for any delay in performing or failure to perform its obligations under this SLA by reason of national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of such party PROVIDED ALWAYS that the party prevented from performing its obligations under this SLA shall notify the other party in writing of its inability at the earliest practicable time.

  1. Severability:

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

[NEWPAGE]

IN WITNESS WHEREOF, each party has caused its duly authorized representative to sign and endorse this Agreement.

for and on behalf of:
[CONTRACTORNAME]

………………………..
Signature

[CONTRACTORSIGNATORY]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

for and on behalf of:

The Alliance for a Green Revolution in Africa:

…………………………
Signature

[AGRASIGNATORYNAME][AGRASIGNATORYTITLE]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

Amendment #: [AMENDMENTNUMBER] Contract Reference No. [ORIGINALCONTRACTID]

This amendment (the “Amendment”) is made as of this [AGREEMENTDATE], by and between the Alliance for a Green Revolution in Africa (AGRA) and [CONTRACTORNAME], parties to the above-referenced agreement dated [ORIGINALCONTRACTDATE] (the “Agreement”).

  1. The Agreement is amended as follows:

[AMENDMENTS]

  1. Unless the context otherwise requires, words and expressions defined in the Agreement shall have the same meaning and effect when used in this Amendment unless the same is duly altered or amended herein.
  2. Except as expressly set forth in this Amendment, all terms and conditions of the Agreement shall continue in full force and effect. In the event there is conflict between this Amendment and the Agreement or any earlier amendment, the terms of this Amendment will prevail.

IN WITNESS WHEREOF, each party has caused its duly authorized representative to sign and endorse this Agreement.

Contractor:
[CONTRACTORNAME]

………………………..
Signature

[CONTRACTORSIGNATORY]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

AGRA:
The Alliance for a Green Revolution in Africa

…………………………
Signature

[SIGNATORY]

Date: ………………………..

In the presence of:

………………………..

Name

………………………..

Capacity

………………………..

Signature

[1] Active usage means that farmers find the solution relevant and transact at least one per year (depending on the solution this can be every 3, 6 or 9 months)

[2] Behavioral interventions that advance financial inclusion, Herman Smit and Rinelle Chetty, 2018

[3] ACRE Africa KE, Success for People GH, SELF TZ and First Allied Savings and Loans GH.

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