TENDER DOCUMENTS FOR CONSULTANCY SERVICES FOR

DEVELOPMENT AND PILOTING A CLIENT SATISFACTION ASSESSMENT TOOL

FOR THE HEALTH SECTOR IN UGANDA

UNDER BELGO-UGANDAN STUDY AND CONSULTANCY FUND (UGA/01/004)

TENDER N° UGA336

JANUARY 2018

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PREFACE

The Study and Consultancy Fund (the Fund) is a funding envelope that was put aside under the Belgium-Uganda partnership, aimed at enhancing the institutional capacity in Uganda in support of the prioritized sectors of the Ugandan-Belgian Cooperation on the one hand and the preparation of the Indicative Development Cooperation Program and the implementation of the Paris Declaration on Aid Effectiveness on the other hand.

The Belgian Development Agency (Enabel) as the agency responsible for the implementation of the general cooperation agreement between Uganda and Belgium, oversees the Fund’s execution on behalf of Belgium. The Republic of Uganda on the other hand, has entrusted Ministry of Finance, Planning and Economic Development with the supervision of arrangements related to the execution of this Fund. The two entities (MoFPED and Enabel) are therefore responsible for realization of the Fund’s objective.

The Fund is implemented partly under the joint responsibility of Government of Uganda and Enabel (co-management) and direct management by Enabel (own management).

The Fund finances various studies that will contribute to the general objective and also aligned to the priority sectors of the Belgium-Uganda cooperation. These studies are introduced by different government of Uganda Ministries, Departments and Agencies (MDAs) (see Terms of Reference).

The management of the Fund is guided by:

• The terms and conditions contained in the Specific Agreement signed between the two

countries,

• The internal rules, processes and mandates applicable within Enabel ,

• The Public Procurement and Disposal Authority (PPDA) Regulations of Uganda.

STRUCTURE:

Part 1: Instructions to consultants

Part 2: Terms of Reference

Part 3: Contract form

Part 4: General conditions

Part 5: Special conditions

Part 6: Forms

1. Identification form,

2. Code of ethical conduct,

3. Proposal submission form,

4. List of similar assignments,

5. Key expert(s) table,

6. Organisation and methodology,

7. Financial proposal (lump-sum contract).

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PART 1 INSTRUCTIONS TO CONSULTANTS

Preparation of proposals: You are requested to quote for these services by submitting separate technical and financial proposals for the consultancy, as detailed below. The standard forms presented in Part 6 may be retyped for completion but the bidder is responsible for their accurate reproduction. Bidders are bound to strictly use the application format in part III of this tender document. You are advised to carefully read the complete tender documents before preparing your proposal.

Documents for preliminary evaluation: Bidders will submit the following documents for preliminary assessment of the consultant(s):

• a copy of their trading license or equivalent and or a copy of any other Certificate of registration with relevant bodies;

• evidence of fulfilment of obligations to pay taxes;

• the duly signed identification form (Annex 1);

• the duly signed code of ethical conduct (Annex 2);

• the duly signed proposal submission form (Annex 3);

• the duly completed list of similar assignments (Annex 4);

Preparation of technical proposal: Using a standard format annexed, the technical proposal should contain the following documents and information:

• the duly completed key expert(s) table (Annex 5);

• the CVs of the key expert(s);

• the duly completed organisation and methodology; (Annex 6)

Preparation of financial proposal: The financial proposal should contain the following documents and information:

• the duly signed financial proposal lump-sum contract (Annex 7).

Information: The awarding of this contract is coordinated Ms. Rose Athieno Kato, Supervising Assistant (Enabel). Throughout this procedure, all contacts between the contracting authority and the (possible) bidders about the present contract will exclusively pass through this service / this person. (Possible) bidders are prohibited to contact the contracting authority any other way with regards to this contract, unless otherwise stipulated in these tender documents. Questions shall be addressed in writing to: rose.kato@enabel.be.

Validity of proposals: The proposal validity required is 90 calendar days from the deadline for the submission of tenders.

Sealing and marking of proposals: The technical and financial proposals should be sealed in separate envelopes, both clearly marked with the project number above, the bidder’s name, Enabel address below and either “Technical proposal” or “Financial proposal” as appropriate. Submission must be one original and two copies clearly labelled ‘’copy’ or ‘’original”. This is applicable to both financial and technical proposals. Both envelopes should be enclosed in a single outer envelope, clearly marked with the project number above, the bidder’s name and Enabel address. All envelopes should be sealed in such a manner that opening and resealing cannot be achieved undetected.

Submission of proposals: Proposals should be submitted to the address below, no later than Friday 23rd March 2018 at 4:00 PM at the latest. Late proposals will be rejected.

Address: Supervising Officer (MoH) & Supervising Assistant (Enabel)

Tender N°UGA336 c/o Belgian Development Agency, Enabel Lower Kololo Terrace, Plot 1B Kampala/Uganda

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Opening of proposals: The proposals will be opened internally by MoH, MoFPED and Enabel . Bidders’ representatives are not permitted to attend the opening. Financial proposals will be kept unopened and the evaluators shall have no access to financial information until the detailed technical evaluation is concluded.

Evaluation of proposals: The evaluation of proposals will use the methodology as detailed below: Proposals failing at each of the Stages will be eliminated and not considered at the next stage.

1. Preliminary examination:

a) to determine the eligibility and the administrative compliance on pass/fail basis.

b) to determine if the consultant(s) have the Minimum Qualifications stipulated in the Terms of Reference on pass/fail basis.

2. Technical evaluation: 70 points

Proposals shall be awarded scores out of the maximum number of points indicated below for each of the following criteria which will be expanded during the evaluation:

(see form 5, 6) Max. Points (100)

Methodology 50

Understanding of ToR: 10

Strategy 30

Work plan & timetable of activities 10

Key expert(s) 50

Lead consultant 20

Other consultant 15

IT consultant 15

The minimum technical score required to pass the technical evaluation from total scores is 70% points. This score for the detailed technical evaluation will be calculated out of 70 points.

3. Financial evaluation:30 points

With regards to the ‘price’ criterion, the following formula will be used:

Points tender A = total price of all items of lowest tender * 30 total price of all items of tender A

Currency: Proposals may be priced in Ugandan Shillings or any other freely convertible currency and in up to two currencies. The currency of evaluation will be Ugandan shillings. Proposals in other currencies will be converted to this currency for evaluation purposes only, using the exchange rates published by the Bank of Uganda on the date of the submission deadline.

Post-qualification of the consultant(s): The contracting authority reserves the right to examine the documentary evidence of the consultant’s qualifications or any other elements as presented by the consultant and using any preferred approach.

Negotiations: Negotiations may be held with the best evaluated consultant(s) following the evaluation of proposals. The cost of any negotiations or technical discussions shall be borne by the respective parties themselves.

Best evaluated bid: The best evaluated bid shall be one with the best combination of technical and financial proposals and shall be recommended for award of contract.

Award of contract: Award of contract shall be by letter of notification of award followed by a contract agreement signed between the successful bidder and the Study and Consultant Fund Director from Ministry of Finance Planning and Economic Development.

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Right to reject: MoFPED and Enabel reserve the right to accept or reject any proposal or to cancel the bidding process and reject all proposals at any time prior to contract award.

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PART 2:

TERMS OF REFERENCE (TORS) FOR DEVELOPMENT AND PILOTING A CLIENT

SATISFACTION ASSESSMENT TOOL FOR THE HEALTH SECTOR IN UGANDA

Background: The health sector in Uganda is keen to ensure that health services are responsive to the needs of the people. In this regard it has selected Client Satisfaction with health services as a key indicator for monitoring the Health Sector Development Plan. Regular timely data on client satisfaction with health services is critical if the service is to be made more responsive to client needs. It provides a mechanism for improving quality and enhancing the concept of patient centred care. There is currently no gold standard instrument for measuring client satisfaction and the sector needs to develop and adopt an objective tool that takes into account the relevant dimensions of client satisfaction when measuring Client satisfaction in the sector. Satisfaction is said to be achieved when the user’s perception of quality of care and services received in healthcare setting is positive, satisfying and meets their expectation. It a major indicator of the quality of services provided. It is derived from positive evaluations of distinct dimensions of health care. It needs to be understood within the context in which a variety of elements may be more or less satisfying to the client. Linder Pelz (1982) identified 10 elements that can be used to determine client satisfaction namely; Accessibility/convenience, Availability of resources, Continuity of care, Efficacy/outcomes of care, Finances, Humaneness, Information gathering, Information giving, Pleasantness of surroundings and Quality/competence. Client satisfaction surveys ought to incorporate these elements as it (client satisfaction) relates to the total patient experience. Healthcare like all service sector products is intangible hence its quality is not easy to objectively measure. Service quality however affects re- use intentions of both existing and potential clients with better quality increasing competitiveness of the provider. Higher quality leads to improved productivity, there is quicker patient recovery and more efficient use of resources resulting in decreased costs per patient’s stay and hence reduced unit costs. Monitoring client satisfaction helps to maintain competence and integrity for the profession as a whole and provides methods for ensuring standards of professional conduct and competence. By focusing on quality of services as client satisfaction does, client rights are indirectly recognized including their right to participate in the development and implementation of change. The Health Sector in Uganda recognizes the importance of client satisfaction and has key performance indicators for the Health Sector Development Plan. Despite being a key performance indicator, regular and objective monitoring of Client Satisfaction with health services remains a challenge in the health sector in Uganda. The sector had to rely on the public service delivery survey for data on the indicator. The Ministry of Health is proposing to develop a tool that can be used to objectively monitor client satisfaction on a regular basis. To this end the Ministry of Health wishes to modify and adopt the SERVIQUAL Instrument to develop a standardized web-based instrument that can be used to regularly measure client satisfaction levels in health facilities across the country. Problem Statement: Improving client satisfaction is a vital and necessary activity for the Health Sector in Uganda. The media is awash with stories of ill-treated clients at the various health facilities in the country with some ending in unfavourable outcomes for the clients involved. There is currently no regular, objective countrywide client satisfaction measuring method that can be used to determine if this is the trend or one off embroidered incidents. Furthermore, while the Health Sector selected client satisfaction as a key indicator for measuring client satisfaction there is no regular mechanism for measuring it and it has continued to rely on surveys some of which are general service delivery surveys that may not have taken into account the peculiarities of

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the Health Sector. Currently there are no ongoing surveys that will be used to provide data on the indicator in FY2017/2018. While regular timely data on client satisfaction is an invariable tool in management, currently this is not available to Health facility managers across the country. Objectives of the consultancy will include:

1. Develop a client satisfaction measurement instrument by modifying the SERVQUAL instrument to suit Uganda’s Health Sector.

2. Develop customized data collection tools for measuring client satisfaction. 3. Use the developed tools to conduct a client satisfaction survey for the Health Sector in

Uganda for FY 2017/18 4. Create a standardized secure database/software for use in measuring client satisfaction

with health services based on the conceptual framework and tools developed for the study for purposes of data storage, preservation, analysis/queries, transfer/sharing and report generation.

5. Train Ministry of Health staff in using and maintaining data base. 6. Develop recommendations to inform the development of an overarching, internal,

secure and web-enabled data bank which can maintain health facility data across multiple health providers allowing for data storage, privacy control, preservation, analysis/queries. visualization and transfer/sharing

Scope of Work for team leader and other consultant: Working hand in hand with the IT expert and study Task Force the consultant will be expected to;

• Drafting of an inception report for the study clearly outlining how the study objectives will be met and the tools to be used during the study and ensure it is approved.

• Developing and obtaining consensus on the conceptual framework and tool (modified SERVIQUAL Instrument) for measuring client satisfaction in Uganda.

• Oversee and coordinate MoH during data collection, entry and analysis for the study for client satisfaction survey.

• Development of Health facility reporting tools to feed into the client satisfaction monitoring survey.

• Preparation of the final report of the client satisfaction survey study.

• Provision of user requirements to enable IT consultant to develop relevant software for the client satisfaction survey for Uganda.

• Any other duties/responsibilities incidental to the study. Scope of Work for IT consultant In collaboration with the team leader, the IT consultant will:

• Collect user requirements for the software from the task force members.

• The consultant in consultation with MoH IT unit shall be responsible for drafting the technical specifications of the tablets (40pcs) that will be bought by the study fund.

• Develop a written plan for the development of the database/software specific to the needs of the study.

• Design and develop appropriate software for measuring client satisfaction in Uganda. The minimum user requirement is to have an accessible web-based software for service providers and policy makers in the health sector.

• Link developed software with the facility reporting tools.

• Train study task force members to operate the developed software.

• Use the software for data analysis for the study.

• Write a program for cleaning and uploading data reported from the health facilities interviews.

• Develop a standard operating procedures manual.

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Methodology: The study will be conducted by the Consultant under the supervision of the Commissioner Quality Assurance and Inspection Department. MoH on the other hand is responsible for data collection guided by the consultant. The established Task Force shall receive regular update from the consultant to make input and guide the survey process. The final report shall have to be endorsed by the Supervision Monitoring Evaluation and Research Technical Working Group and the Senior Management Committee of the Ministry of Health. Study Design The study will be a cross-sectional descriptive study involving interview of exit clients from sampled health facilities. Study/Target Population The study will be a national study involving health facilities representative of all the regions, facility levels and ownership. Study Variables The study variables will be client satisfaction and the different dimensions of client satisfaction. These will be measured quantitatively and percentage scores obtained for each. Sampling Multistage cluster sampling will be used. The twelve UBOS regions used for UDHS studies will be adopted. From each region a list of available facilities will be obtained and a sample randomly drawn using the framework outlined in table below. Specialized, national and Regional referral Hospitals will only be sampled if present. The facilities will also be classified according to ownership and the sampling frame will be stratified to ensure that each category of ownership represented is represented in the sample. The total number of health facilities sampled will depend on the number of facilities available in the region. At each facility exit clients will be interviewed using an agreed modified SERQUAL Instrument. Sampling Frame for Health Facilities per Region

Health Facility Number to be Sampled

Public Private not For Profit Private for Profit

Specialized Hospital 1 (per specialty) 1 (per specialty) 1 (per specialty)

National Referral 1 1 1

Regional Referral 1 1 1

District Hospital 1 1 1

HC IV 1 1 1

HC III 2 2 2

HC II 2 2 2 Data Sources The major source of data for the study will be the exit interviews for clients. Expert knowledge will be used to modify the SERVIQUAL Instrument to suit the health sector in Uganda. Data collection and Tool The main tools for the study will be an interviewer administered questionnaire. This will be in software that will be developed and installed into the tablet by the consultant and data will be captured using tablets. The software developed by consultant and tablets purchased through Study Fund will be handed over to the Directorate of Planning and Policy for future use. Expected outputs:

1. Inception Report for the Study

2. Tool for measuring client satisfaction

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3. Software to support measuring of Client satisfaction with health services on a regular

basis.

4. Training report (for users on software)

5. Standard operating procedure manual

6. Client satisfaction report for the FY 2017/18.

7. Final consultancy report

Consultancy firm should have the following requirements: 1. Lead Consultant Qualifications Masters Degree in Public Health or Health Services Management or Health Policy, planning and Financing from a recognised University. Experience:

• At least 10 years’ experience of working in Health System.

• Knowledge of health system operations and functions.

• Proven experience in designing surveys

• At least five years’ experience in carrying out similar survey in the Health Sector.

• Proven experience of having conducted client satisfaction survey.

Skills

• Good analytical skills.

• Excellent report writing, facilitation and presentation.

• Quantification techniques.

• Expert judgment in Public Health issues.

2. Other Consultant Qualification: Master Degree in Sociology or anthropology or a related field. Experience

• At least 5 years’ experience with Uganda National Health System.

• Knowledge of health sector and issues.

• At least five years’ experience in carrying out similar survey in the Health Sector in Uganda.

Skills

• Good analytical skills.

• Excellent report writing, facilitation and presentation.

• Quantification techniques.

• Expert judgment in Public Health issues.

3. IT Consultant: Qualifications and experiences:

• Masters Degree from a recognized University in Computer science, Information Technology or software engineering.

• Minimum of 5 years related to database development and archiving including use of web-based platforms.

• Excellent communication and writing skills. Skills

• Analytical skills

• Software development skills

• Expert judgment

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Reporting and coordination The Commissioner Health Services in Charge of Quality Assurance and Inspection shall be the lead person to take charge of the survey in close collaboration with the Task force. The Commissioner will be supported by Dr. Martin Ssendyona (SMO) who will be in charge of day to day management of the study.

Duration

90 working days (Man days) for all of the 3 consultants (+/- 30 working days per

consultant). All deliverables will have to be submitted and approved end of

September 2018

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PART 3: CONTRACT FORM

For Lump Sum Contracts

Contract reference: 336 Contract title: Development and piloting a client satisfaction assessment tool

for the health sector in Uganda

This Contract is made this…………. day of the month of ……………………… between ………..,………………….., Fund Director of the Belgo-Ugandan Study and Consultancy Fund, Ministry of Finance, Planning and Economic Development, P.O. Box 8147, Kampala, Uganda (hereinafter called the “Contracting Authority”) and ……………………………………….. of …………… hereinafter called the “Consultant”).

WHEREAS

(a) the Contracting Authority has requested the Consultant to provide certain consultancy services (hereinafter called the “Services”) as defined herein and attached to this Contract;

(b) the Consultant having represented to the Contracting Authority that it has the required professional skills, personnel and technical resources, has agreed to provide the Services on the terms and conditions set forth in this Contract.

NOW THEREFORE the parties hereto agree as follows:

1. The documents forming the Contract shall be as stated in and in the order of priority stated in the General Conditions of Contract.

2. The mutual rights and obligations of the Contracting Authority and the Consultant shall be as set forth in the Contract, in particular:

(a) The Consultant shall carry out the Services in accordance with the provisions of the Contract; and

(b) the Contracting Authority shall pay the Consultant the lump-sum contract price of ____________________ without VAT or such other sum as may become payable under the provisions of the Contract, at the times and in the manner prescribed by the Contract.

The Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.

Signed by ___________________________ (Authorised Representative of the Contracting Authority)

Name: _______________________________ Position: ________________________

Signed by _____________________________ (Authorised Representative of the Consultant)

Name: _______________________________ Position: ________________________

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PART 4: GENERAL CONDITIONS

Definitions

• The “Contracting Authority” is the Fund Director, MoFPED.

• The “Supervisors” shall be the Supervising Officer designated by the Ministry of Finance, Planning and Economic Development and the Supervising Assistant designated by the Fund Co-Director (Enabel).

• “Consultant” means the natural person, private or government entity, or a combination of the above, whose proposal to perform the Contract has been accepted by the Contracting Authority and is named as such in the Agreement, and includes the legal successors or permitted assigns of the Consultant.

• “Lump sum contract” means a contract under which the Services are performed for an all inclusive fixed total amount.

• “Contract” means the Agreement entered into between the Parties and includes the Contract Documents.

Law and language of the contract

(1) The law of the contract shall be the law of the Republic of Uganda.

(2) The language of the contract and all related communications shall be English.

Confidential Information

The Contracting Authority and the Consultant shall keep confidential and shall not without the written consent of the other party hereto, divulge to any third party any reports or data, or other information furnished directly or indirectly by the other party hereto in connection with the Contract, whether such information has been furnished prior to, during or following completion or termination of the Contract.

The Contracting Authority shall not use such documents, data, and other information received from the Consultant for any purposes unrelated to the contract. Similarly, the Consultant shall not use such documents, data, and other information received from the Contracting Authority for any purpose other than the design, procurement, or other work and Services required for the performance of the Contract.

Contract Documents

The documents forming the Contract shall be interpreted in the following order of priority:

(a) the contract,

(b) the special conditions,

(c) the general conditions,

(d) the terms of reference,

(e) minutes of negotiations if any,

(f) the consultant’s proposal and any amendments or clarifications,

(g) any other document consented by both parties.

All documents forming the Contract are intended to be correlative, complementary, and mutually explanatory.

No amendment, modification or other variation of the Contract shall be valid unless an Amendment to Contract is made in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.

Governing Law

The Contract shall be governed by and interpreted in accordance with the laws of Uganda unless otherwise stated in the tender documents.

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Contract Amendments

The Contracting Authority may at any time request the Consultant through notice, to make changes to the Contract by agreement to an Amendment of Contract.

If any such change causes an increase or decrease in the cost of, or the time required for, the Consultant’s performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Completion Date, or both, and the Contract shall accordingly be amended.Any claims by the Consultant for adjustment must be asserted within twenty-eight calendar days from the date of the Consultant’s receipt of the Contracting Authority’s notice.

Prices to be charged by the Consultant for any related or additional Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties.

An Amendment to Contract shall be signed by both Parties following agreement to the proposed changes required and shall make adjustments for the impact on the Contract Price, completion period or any other condition.

Subcontracting

The Consultant shall request approval in writing from the Contracting Authority for all subcontracts awarded under the Contract that are not included in the Contract. Subcontracting shall in no event relieve the Consultant of any of its obligations, duties, responsibilities or liability under the Contract.

Delays in carrying out assignment/extension of time

If at any time during performance of the Contract, the Consultant or its subcontractors should

encounter conditions impeding timely completion of Services, the Consultant shall promptly

notify the Contracting Authority in writing of the delay, its likely duration, and its cause.As soon

as practicable after receipt of the Consultant’s notice, the Contracting Authority may at its

discretion extend the Consultant’s time for performance, in which case the extension shall be

ratified by the parties by amendment of the Contract.

For any period exceeding the turnaround time stated in the special conditions, the Contracting Authority has the right to apply a lump sum payment of € 50 per day of delay that is rightfully owed in the absence of the information including a positive decision as described above.

Suspension of Assignment

The Contracting Authority may, by written notice of suspension of the assignment to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fails to perform any of its obligations under the Contract, including the carrying out of the Services, provided that such notice of suspension shall:

(a) specify the nature of the failure; and

(b) request the Consultant to remedy such failure within a period not exceeding thirty calendar days after receipt by the Consultant of such notice of suspension.

Termination

The Contracting Authority may, by not less than thirty calendar days written notice of termination to the Consultant (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than sixty calendar days), terminate the Contract if:

(a) the Consultant fails to remedy a failure in the performance of its obligations as specified in a notice of suspension of assignment within thirty calendar days of receipt of such notice of suspension of assignment or within such other period agreed between the Parties in writing;

(b) the Consultant becomes, or if any of the Consultant’s Members becomes, insolvent or bankrupt or enters into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary other than for a reconstruction or amalgamation;

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(c) the Consultant fails to comply with any final decision reached as a result of arbitration proceedings;

(d) the Consultant submits to the Contracting Authority a statement which has a material effect on the rights, obligations or interests of the Contracting Authority and which the Contracting Authority know to be false;

(e) the Consultant is unable as the result of Force Majeure, to perform a material portion of the Services for a period of not less than sixty calendar days;

(f) The Contracting Authority, in its sole discretion and for any reason whatsoever, decide to terminate the Contract;

(g) the Consultant, in the judgment of the Contracting Authority, has engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract;

The Consultant may, by not less than thirty calendar days written notice to the Contracting Authority, terminate the Contract if:

(a) The Contracting Authority fails to pay any money due to the Consultant pursuant to the Contract and not subject to dispute within forty-five calendar days after receiving written notice from the Consultant that such payment is overdue;

(b) The Contracting Authority is in material breach of their obligations pursuant to the Contract and has not remedied the same within forty-five calendar days (or such longer period as the Consultant may have subsequently approved in writing) following the receipt by the Contracting Authority of the Consultant’s notice specifying such breach;

(c) the Consultant is unable as the result of Force Majeure, to perform a material portion of the Services for a period of not less than sixty calendar days; or

(d) The Contracting Authority fails to comply with any final decision reached as a result of arbitration.

Cessation of Rights and Obligations or Services

Upon termination of the Contract or upon completion of the Services, all rights and obligations of the Parties hereunder shall cease, except:

(a) such rights and obligations as may have accrued on the date of termination or completion;

(b) the obligation of confidentiality;

(b) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records; and

(c) any right which a Party may have under the Governing Laws.

Upon termination of the Contract by notice of either Party to the other, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.With respect to documents prepared by the Consultant and equipment and materials furnished by the Contracting Authority, the Consultant shall deliver all such documents to the Contracting Authority as these will always remain the absolute property of the latter.

Settlement of Disputes

The Contracting Authority and the Consultant shall make every effort to resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract or interpretation thereof.

Amicable settlement of litigations is negotiated in Kampala with respect of the following

procedures:

(a) The injured party notifies the controversy by letter towards the other party with a settlement proposal. The latter disposes of 2 (two) weeks to reply in writing. Non-answering within this 2 weeks period involves acceptation of the propositions formulated by the injured party, so that the litigation is considered resolved.

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(b) The procedure of amicable settlement is to be started within 2 (two) weeks after notification of the controversy; the delay for the outcome of an amicable settlement is limited to 1 (one) month, starting from the opening of the negotiations.

If the parties fail to resolve such a dispute or difference by mutual consultation within twenty-eight calendar days from the commencement of such consultation, either party may require that the dispute be referred for resolution in accordance with the Arbitration and Conciliation Act Cap 4 laws of Ugandaor such other formal mechanism specified in these contract provisions.

Obligations of the Contracting Authority

The Contracting Authority shall supply the Consultant with any information or documentation at its disposal which may be relevant to the performance of the contract. Such documents shall be returned to the Contracting Authority at the end of the period of the Contract.

The Consultant may request the assistance of the Contracting Authority to obtain copies of laws, regulations, and information on local customs, orders or bylaws of Uganda, which may affect the Consultant in the performance of its obligations under the contract. The Contracting Authority may charge the Consultant for such assistance.

Subject to the provisions of the laws and regulations on foreign labour in Uganda, the Contracting Authority shall make every effort to facilitate the Consultant in obtaining all required visas and permits, including work and residence permits, for the personnel whose services the Consultant and the Contracting Authority consider necessary.

The Contracting Authority shall issue to its employees, agents and representatives all such instructions as may be necessary or appropriate to facilitate the prompt and effective performance of the Services.

Obligations of the Consultant

The Consultant shall perform the Services under the contract with due care, efficiency and diligence, in accordance with best professional practices.

The Consultant shall submit to the Contracting Authority the reports and any other deliverables, specified in the Contract.

The Consultant shall respect and abide by all laws and regulations in force and shall ensure that its personnel, their dependents, and its local employees also respect and abide by all such laws and regulations. The Consultant shall indemnify the Contracting Authority against any claims and proceedings arising from any infringement by the Consultant, its employees and their dependents of such laws and regulations.

The Consultant shall treat all documents and information received in connection with the contract as confidential.

The Consultant shall obtain the Contracting Authority’s prior approval in writing before taking any of the following actions:

a) appointing any member of the Personnel that are not named in the Contract;

b) entering into a subcontract that is not specified in the Contract, for the performance of any part of the Services, it being understood that the Consultant shall remain fully liable for the performance of the Services by the Sub-contractor and its Personnel pursuant to the Contract;

(c) any other action that may be specified in these contract provisions.

Indemnification

At its own expense, the Consultant shall indemnify, protect and defend, the Contracting Authority, its agents and employees, from and against all actions, claims, losses or damage arising from any act or omission by the Consultant in the performance of the Services, including any violation of any legal provisions, or rights of third parties, in respect of patents, trademarks and other forms of intellectual property such as copyrights.

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At its own expense, the Consultant shall indemnify, protect and defend the Contracting Authority, its agents and employees, from and against all actions, claims, losses or damages arising out of the Consultant’s failure to perform its obligations provided that:

(a) the Consultant is notified of such actions, claims, losses or damages not later than 30 calendar days after the Contracting Authority becomes aware of them;

(b) the ceiling on the Consultant’s liability shall be limited to an amount equal to the contract value, but such ceiling shall not apply to actions, claims, losses or damages caused by the Consultant’s wilful misconduct;

(c) the Consultant’s liability shall be limited to actions, claims, losses or damages directly caused by such failure to perform its obligations under the contract and shall not include liability arising from unforeseeable occurrences incidental or indirectly consequential to such failure.

The aggregate liability of the Consultant to the Contracting Authority shall not exceed the total contract value or such other amount specified in the contract.

The Consultant shall have no liability whatsoever for actions, claims, losses or damages occasioned by:

a) The Contracting Authority omitting to act on any recommendation, or overriding any act, decision or recommendation, of the Consultant, or requiring the Consultant to implement a decision or recommendation with which the Consultant disagrees or on which it expresses a serious reservation; or

b) the improper execution of the Consultant’s instructions by agents, employees or independent contractors of the Contracting Authority.

The Consultant shall remain responsible for any breach of its obligations under the contract for such period after the Services have been performed as may be determined by the law governing the contract.

Replacement of Personnel

The Consultant shall not make changes in the Personnel without the prior written approval of the Contracting Authority. The Consultant must on its own initiative propose a replacement in the following cases:

a) in the event of death, illness for an extended period or in the event of accident of a member of Personnel.

b) if it becomes necessary to replace a member of Personnel for any other reasons beyond the Consultant’s control (e.g. resignation, etc.).

The Contracting Authority may request a replacement with a written and justified request if in the course of performance, it considers that a member of the Personnel does not perform its duties satisfactorily under the contract.

Where a member of Personnel must be replaced, the replacement must possess at least equivalent qualifications and experience, and the remuneration to be paid for the replacement cannot exceed that paid for the member of Personnel who has been replaced. Where the Consultant is unable to provide a replacement with equivalent qualifications and/or experience, the Contracting Authority may either decide to terminate the contract, if the proper performance of it is jeopardized, or, if it considers that this is not the case, accept a replacement with lesser qualifications, provided that the fees of the latter are reduced to reflect the appropriate remuneration level.

Additional costs incurred in the replacement of Personnel are the responsibility of the Consultant. Where the expert is not replaced immediately and it is some time before the new expert takes up its functions, the Contracting Authority may ask the Consultant to assign to the project temporary personnel pending the arrival of the new personnel, or to take other measures to compensate for the temporary absence of the missing personnel. The Contracting Authority shall make no payment for the period associated with the Personnel’s absence while the position is not filled.

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PART 5: SPECIAL CONDITIONS

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions:

Item Special Conditions of Contract

Reference Number The Procurement Reference Number is: UGA336

Supervisors The Supervising Officer is Dr. Martin Ssendyona

Ministry of Health

P.O. Box 7272, Kampala, Uganda

and the Supervising Assistant is Ms Rose Athieno Kato, Belgian Development Agency, P.O. Box 40131, Kampala, Uganda

Email: rose.kato@btcctb.org

Notices The addresses for notices are:

For the Contracting Authority:

Mr. Patrick Ocailap, Fund Director, Ministry of Finance, Planning & Economic Development, P.O. Box 8174, Kampala, Uganda

For the Consultant:

Name: .........................

Adress: .........................

Tel: .........................

Email: .........................

Commencement The date of commencement of execution shall be the date of signature of the contract by both parties.

Completion of the Services

The total number of working days (man days) for all of the 3 consultants is 90 (+/- 30 working days per consultant). All deliverables will have to be submitted and approved by end of September 2018.

Payment currencies Payments shall be made in the currency or currencies of the contract price. The exchange rate for purposes of payment shall be the Bank of Uganda exchange rate prevailing at the time of bid closing.

Contract type The Contract is a lump-sum contract.

Invoicing The invoice will mention:

• the name of the contract: “client satisfaction assessment tool for the health sector in Uganda”

• the reference of the contract: “UGA336”

• “at the attention of Ms Rose Athieno Kato, Study Fund supervising assistant”

• “ Enabel, Lower Kololo Terrace, Plot 1b, Kampala, Uganda”

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Item Special Conditions of Contract

Each invoice will be approved and signed with the mention “for services rendered” by the Supervising Officer and the Supervising Assistant.All expenditures chargeable to the Belgian fund will be at the end approved and signed by the Fund Director and the Fund Co-Director prior to any payment.

Payment Schedule On acceptance of an inception report to MoH and Enabel, the Consultant will be entitled to invoice for a payment of 20% of the Contract Price.

On acceptance of the following deliverable below, the Consultant will be entitled to invoice for a payment of 40% of the Contract Price:

1. Tool for measuring client satisfaction

2. Software to support measuring of Client satisfaction with

health services on a regular basis.

3. Draft Client satisfaction report for the FY 2017/18

On submission and approval of the following deliverables below, the Consultant will be entitled to invoice for a Final Payment of 40% of the Contract Price.

1. Training report (for users on software)

2. Standard operating procedure manual

3. Final Client satisfaction report for the FY 2017/18.

4. Final consultancy report

Payment Period Payment shall be made by the Contracting authority within 45calendar days of receipt and certification of the invoice accompanied by supporting approval documents.

Price variation The Contract Price including the remuneration rates is not subject to price variation for fluctuations in market, commodity or other variable rates.

Taxes and duties The Consultant bears and pays all taxes, duties, and levies imposed on the Consultant, by all municipal, state or national government authorities, with the exception of VAT. This contract is subjected to Ugandan withholding tax. For national consultants 6% is deducted at payment, for international consultants 15% is deducted according to the withholding tax regulation of Uganda.

Total Liability The total liability under the Contract shall be the total contract value.

Elements included in the price

Except for VAT, the lump-sum price includes all costs, taxes, duties and contributions of any kind, and namely:

Fees, the per diems, accommodation costs, travel costs, insurance costs, security costs, visa costs, communication costs (including the internet), administrative and secretariat costs, photocopy and printing costs, costs for documentation of the services that can be required by the contracting authority, the production and delivery of documents or records linked to the performance of the services, the customs and excise duties for materials and products used, the packaging costs, the acceptance costs, all costs, staff and material expenses needed

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Item Special Conditions of Contract

to perform the present contract, the copyright fees, the purchase or leasing of third party services needed for the performance of the contract and costs for any possible intellectual property rights. In case the contract is extended, the prices mentioned in the contract apply.

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PART 6: FORMS

1. IDENTIFICATION FORM

Name and first name of the bidder or name of the company and legal form

Nationality of the bidder and of staff (if different)

Domicile / Registered office

Telephone number and fax number

National Social Security Office registration number

Company registration number

Represented by the undersigned

(Surname, first name and function)

Contact person (telephone number, fax number, possibly e-mail address)

If different: Project manager (telephone number, fax number, e-mail address)

Account number for payments

Financial institution

Under the name of

---------------------------------------

AUTHORISED SIGNATORY

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2. CODE OF ETHICAL CONDUCT

1. Ethical Principles Bidders and providers shall at all times: (a) maintain integrity and independence in their professional judgement and conduct; (b) comply with both the letter and the spirit of the laws of Uganda andany contract

awarded. (c) avoid associations with businesses and organisations which are in conflict with this

code. 2. Standards

Bidders and providers shall: (a) strive to provide works, services and supplies of high quality and accept full

responsibility for all works, services or supplies provided; (b) comply with the professional standards of their industry or of any professional body of

which they are members. 3. Conflict of Interest

Bidders and providers shall not accept contracts which would constitute a conflict of interest with, any prior or current contract with any procuring and disposing entity. Bidders and providers shall disclose to all concerned parties those conflicts of interest that cannot reasonably be avoided or escaped.

4. Confidentiality and Accuracy of Information (a) Information given by bidders and providers in the course of procurement processes or

the performance of contracts shall be true, fair and not designed to mislead. (b) Providers shall respect the confidentiality of information received in the course of

performance of a contract and shall not use such information for personal gain. 5. Gifts and Hospitality

Bidders and providers shall not offer gifts or hospitality directly or indirectly, to staff of the MoFPED and Enabel that might be viewed by others as having an influence on a procurement decision.

6. Inducements (a) Bidders and providers shall not offer or give anything of value to influence the action

of any official in the procurement process or in contract execution. (b) Bidders and providers shall not ask a public official to do anything which is inconsistent

with the Act, Regulations, Guidelines or the Code of Ethical Conduct in Business. 7. Fraudulent Practices

Bidders and providers shall not: (a) collude with other businesses and organisations with the intention of depriving a

procuring and disposing entity of the benefits of free and open competition; (b) enter into business arrangements that might prevent the effective operation of fair

competition; (c) engage in deceptive financial practices, such as bribery, double billing or other

improper financial practices; (d) misrepresent facts in order to influence a procurement process or the execution of a

contract to the detriment of MoFPED and Enabel; or utter false documents; (e) unlawfully obtain information relating to a procurement process in order to influence

the process or execution of a contract to the detriment of MoFPED & Enabel; (f) withholding information from the MoFPED & Enabel during contract execution to the

detriment of the MoFPED & Enabel. I ................................................ agree to comply with the above code of ethical conduct in business. --------------------------------------- AUTHORISED SIGNATORY

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3. PROPOSAL SUBMISSION FORM

Supervising Officer (MoH) & Supervising Assistant (Enabel)

Tender N°UGA336

c/o Belgian Development Agency, Enabel

Lower Kololo Terrace, Plot 1B, PO Box 40131, Kampala, Uganda.

We, the undersigned, declare that:

(a) We offer to provide the services in conformity with the tender documents for the“Study for Development and piloting a client satisfaction assessment tool for the health sector in Uganda”;

(b) We hereby submit our proposal which includes this technical proposal, and a financial proposal sealed under a separate envelope;

(c) Our proposal shall be valid until the date specified in the tender documents and it shall remain binding upon us and may be accepted at any time before and including that date;

(d) We, including any subcontractors or consultants for any part of the contract resulting from this procurement process, are eligible to participate in public procurement;

(e) We have signed and undertake to abide by the Code of Ethical Conduct for Consultants attached during the procurement process and the execution of any resulting contract;

(f) We are not participating, as Consultants, in more than one proposal in this procurement process;

(g) We, including any subcontractors or consultants, do not have any conflict of interest and have not participated in the preparation of the original project for the MoH and Enabel;

(h) Our proposal is binding upon us, subject to modifications agreed during any contract negotiations, and we undertake to negotiate on the basis of the staff proposed in our proposal;

(i) We understand that this proposal, shall not be binding on the MoFPED and Enabel until a formal contract is prepared and executed;

(j) We understand that you are not bound to accept the lowest proposal or any other proposal that you may receive;

Signed: …………………………………………..

Name: …………………………………………….

In the capacity of ……………………………………..

Duly authorised to sign the proposal for and on behalf of:……………………………..

Dated on ____________ day of __________________, _______

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4. LIST OF SIMILAR ASSIGNMENTS The bidder must provide in his offer the list of the main similar consultancy services (min. 3) in the last five years, including the amount involved and the relevant dates, and the public or private bodies on behalf of which they were carried out showing that the bidder has experience in performing those services.

Description of the main similar services performed Amount involved Relevant dates in the last five years

Name of the public or private bodies

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5. KEY EXPERT(S) TABLE The bidder must complete the table hereunder. He must also provide in his offer the CV(s) of the key expert(s) proposed for implementing this services contract. The CV(s) (qualifications and experience of expert(s)) must fulfil the profile(s) as requested in the ToRs. Each CV should be no longer than 3 pages.

Name of expert Proposed position Educational background Years of relevant experience

Specialist areas of

knowledge

Team leader-Public health

expert

Other consultant

IT consultant

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6. ORGANISATION AND METHODOLOGY The bidder must propose in his offer a methodology (understanding of ToR, strategy, timetable of activities and statement of availability) based on the instructions given in the Terms of Reference.

1. Understanding of ToR: Any comments on the ToR for the successful execution of activities, in particular regarding the objectives and expected results, thus demonstrating the degree of understanding of the contract. Opinion on the key issues related to the achievement of the contract objectives and expected results. An explanation of the risks and assumptions affecting the execution of the contract.

2. Strategy: An outline of the approach proposed for contract implementation, a list of the proposed tasks you consider necessary to achieve the contract objectives, inputs and outputs, a description of the proposed software.

3. Work plan & timetable of activities: 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 contracting authority and taking into account travel time). The identification and timing of major milestones in executing the contract, including an indication of how the achievement of these would be reflected in any reports, particularly those stipulated in the Terms of Reference. The methodologies contained in the offer should include a work plan indicating the envisaged resources to be mobilised.

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7. FINANCIAL PROPOSAL (LUMP-SUM CONTRACT)

Complete this form with details of all your costs and submit it as of your financial proposal. Where your costs are in more than one currency, submit a separate form for each currency. Authorise the rates quoted in the signature block below.

Tender Reference Number: UGA336

CURRENCY OF COSTS: ____________________

FEES Name and Position of

Personnel Input

Quantity Unit of

Input Rate

Total Price*

TOTAL:

Other costs Quantity Unit of

Measure Unit Price

Total Price*

TOTAL:

* This contract is subjected to Ugandan withholding tax. For national consultants 6% is deducted at payment, for international consultants 15% is deducted according to the withholding tax regulation of Uganda.

VAT percentage (if applicable): … %

TOTAL LUMP SUM PRICE IN CURRENCY: ____________________ EXCL. VAT.

Breakdown of Lump Sum Price Authorised By:

Signature: _______________________ Name: ________________________

Position: _______________________ Date: ________________________

Authorised for and on behalf of:

(DD/MM/YY)

Company __________________________________________________________