128, Boulevard du 13 janvier BP : 2704 Lomé – Togo Tél. : (228) 22 21 68 64 Fax. : (228) 22 21 86 84
[email protected] www.bidc-ebid.org
TERMS OF REFERENCE Recruitment of a Consultant for preparation of the Policy and Procedures on Integrity, Fraud Prevention and Anti-corruption
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1. PRESENTATION OF EBID
1.1 VISION, MISSION AND OBJECTIVES OF EBID The ECOWAS Bank for Investment and Development (EBID), financial arm of ECOWAS is an international financial institution comprising the fifteen (15) Member States of the Economic Community of West African States (ECOWAS) which include: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. Since January 2007, it has been restructured into a single entity with two windows of which one is focused on promotion of the private sector and the other, on development of the public sector. Its capital stands at UA 1 billion (equivalent to (USD 1.518 billion) of which 70% is held by the Member States, the remaining 30% is opened for subscription by non-regional members. To fulfill its mission as privileged instrument for the fight against poverty, wealth creation and promotion of employment for the wellbeing of the populations of the sub-region, EBID works on the side of the ECOWAS Commission that gives strategic orientations and political impulse. To finance its activities, the Bank has recourse to two main categories of resources: internal resources of the Community and external resources. Internal resources are those mobilized within the sub-region and notably concern the capital resources, resources on the regional financial markets, the special funds to be put in place. External resources concern those mobilized from bilateral or multilateral financial partners such as governments, multilateral development banks or other banks or international financial institutions. EBID’s vision is to become the leading regional institution for financing of investment and development in West Africa, and an effective instrument of the fight against poverty, wealth creation and promotion of employment for the wellbeing of the people of the region. 1.2 ORGANISATION EBID is headed by a President who is assisted by two Vice-Presidents. Its head office is in Lomé, Togo Republic. Its staff members are nationals from all the ECOWAS Member countries. EBID has a Board of Governors and a Board of Directors. The Board of Governors, in accordance with the Articles of Association of EBID, is the highest decision-making organs which meets at least once a year. The Board of Directors handles the general operations of the Bank and meets at least four times per annum. 1. 3 ACTIVITIES AND AREAS OF INTERVENTION EBID carries out activities in the public sector, notably in rural development; basic infrastructure, the social sector, etc. and in the private sector, for commercial infrastructure; industries and services, energy and water; financial services and support to SME as well as short term transactions. It provides financing in the form of direct medium and long term loans, equity participation, co-financing or loan syndication, granting of credit lines and structuring of refinancing, debenture loans, bonds and securities issue, financial engineering transactions and trade finance.
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2. CONTEXT AND JUSTIFICATION Corruption and fraud are global plagues that are obstacles to sustainable economic growth. These plagues which have negative impact on poverty reduction continue to pose problem in most African countries. If they are not tackled, Africa would not be able to record a sustainable growth that would affect the wellbeing of the people. It is in this regard that the Bank is resolutely committed to putting in place high governance standards and ensuring that its resources are used for the purpose set forth and to profit the citizens of the regional member states. An efficient strategy on the fight against corruption, fraud and promotion of integrity in the operations and activities which the Bank is financing is crucial in order to prevent and fight fraud and corruption which could impact negatively on the efficiency of its operations in the regional Member Countries. 3. GENERAL OBJECTIVE The overall objective of the mission is to help EBID in putting in place a Policy and Procedures on Integrity, Fraud Prevention and Anti-corruption (PIFPA) that meets the needs of the Bank and strengthen intervention capacity of staff of the Department of Internal Audit and Evaluation of Operations and the Legal Department. 4. SPECIFIC OBJECTIVES OF THE CONSULTANT The specific objectives of the consultant are as follows:
provide a mission guideline comprising methodological approaches, the various stages as well as the resource persons to be contacted;
carry out diagnostic review of the Bank’s existing system as regards fraud prevention and anticorruption
Assess the staffing capacity of the Internal Audit and Evaluation of Operations and Legal Affairs Department;
prepare a policy and relevant procedures on Integrity, Fraud Prevention and Anti-corruption (PIFPA);
Prepare an action plan for the effective implementation of the policy and procedures for Integrity, Fraud Prevention and Anti-corruption;
Strengthen the capacity of staff of the Department of Internal Audit and Evaluation of Operations and those of the Legal Department of the Bank on Integrity, Fraud Prevention and Anti-corruption.
5. EXPECTED RESULTS At the end of the Consultant’s mission:
The Bank will have a suitable mechanism on Integrity, Fraud Prevention and Anti-corruption that meets the corporate and operational needs;
The capacity of staff of the Department of Internal Audit and Evaluation of Operations and those of the Legal Department of the Bank would have been strengthened on the fraud prevention and anticorruption; Page 3 of 7
6. METHODOLOGY OF THE MISSION The Consultant shall regularly hold information sessions in the Bank in order to involve and motivate all stakeholders. Work sessions will be held between the Consultant, the internal Technical Committee that will assist management to manage the issues and expectations of the Bank and to ensure smooth conduct of the assignment. 7. DELIVRABLES At the end of the exercise, the consultant shall submit, in the two languages:
a mission guideline comprising the methodological approaches, the various stages as well as the internal resource persons to be contacted;
a summary report of the detailed analysis on the fraud prevention and anti-corruption comprising the various categories of stakeholders who participated in the review and carry out a qualitative analysis of information that will highlight the strengths and weaknesses of the Bank in this area.
the policy document on integrity, fraud prevention and anti-corruption; the procedure for integrity, fraud prevention and anti-corruption; Procedure for protection of whistle blowers; The Bank’s compliance verification procedure; Procedure for handling of grievances ; Procedure for publishing and access to information ; A code of ethics for EBID
8. PROFILE OF THE CONSULTANT Training and professional experience: The team Leader of the Consultant must possess the following qualifications and experience:
At least a Masters’ degree or any other equivalent certificate from a reputable business school or any approved university (attach the copies of the major certificates and attestations) in Law, Audit and Consulting and have skills in investigation of corruption and fraud;
must have an international reputation, technical skills and proven practical experience in fraud prevention and anti-corruption policy and strategy formulation notably in activities that include fraud investigation, fraud allegations, systems of fraud prevention, code of ethics, financial investigations, etc.;
must have carried out similar exercises, preferably in development finance institutions (multilateral development banks, sub-regional development banks) ;
must have skills and be familiar with fundamental tools for protection of financial institutions faced with risks or fraud and corruption;
must have proven experience and be familiar with mechanisms for management of fraudulent transactions, investigation techniques, legal perspectives on fraud, corruption, ethics, criminology and techniques on fraud prevention.
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Competency and skills:
Good interpersonal skills and team work; Must have excellent skills in written and oral communication in French and English, with working knowledge of the other language; Sound knowledge of computer tools.
9. APPLICATION PROCEDURE The tenderer shall submit bids in two separate envelopes: a) The technical offer which indicates a good understanding of the terms of reference and which would have to include all information needed for assessing the firm properly, notably: Presentation of the consultant (legal form, address, location, areas of competence, organization, professional references, membership of an international network, etc.); Proposed work methodology; Proposed work plan with timelines, organization of the team, curriculum-vitae and copies of certificates of team members, attestation showing payment of staff social security contributions ; evidence of tax clearance, evidence of successful completion of similar missions. b) the financial offer shall be presented in the form of tax-free global amount in US dollars to enable the Bank make comparison. All quotations in other currencies other than the US dollars shall be converted at the prevailing rate as at the offer submission deadline. The consultant shall then provide a breakdown of the lump sum including all fees (honorarium, reimbursable expenses and other charges). The bids, once concluded are not revisable.
EBID reserves the right to verify all information and to reject any tenderer found to have provided false or incomplete information.
The two envelopes would be enclosed in a big envelope on which the following shall be written: “Bid for selection of a consultant for the Fraud prevention and anti-Corruption policy – To be opened only at the bid opening session”
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10. CRITERIA FOR EVALUATION OF OFFERS
The offers submitted shall be assessed based on the following criterion: N°
CRITERIA FOR EVALUATION OF FIRMS
Points
1
Understanding of the project in the light of the terms of reference
10 pts
2
Proposed methodical approach
30 pts
3
Proposed workplan
10 pts
4
Technical qualification of the Consultant (copies of certificates and attestations) Minimum experience of five (5) years in a reputable firm with technical skill and practical experience in the preparation of policy and strategy on anticorruption and fraud prevention. Experience in the handling of at least three (3) training sessions on mechanisms of fraudulent transactions, investigation techniques, legal issues on fraud and corruption, techniques on fraud prevention, criminology and ethical conducts. Total points
15 pts
5
6
20 pts
15 pts 100 pts
Only bids that would have obtained a score above or equal to 70% shall be selected. FINANCIAL OFFER The lowest priced proposal (Lp) will receive the maximum price rating (Pr) of 100. The price rating of the other tenders will be calculated on the basis of the following formula: Pr =100 x Lp / P, whereby “Pr” is the price rating, “Lp” is the lowest price, and “p” is price of the tender evaluated. The weights allocated to the Technical proposal (T) and that of the Financial proposal (F) are: T = 70% F = 30% The weights are classified based on their technical rating (Tr) and price (Pr) combined using the weightings (T= the weighting allocated to the technical proposal); F = the weighting allocated to the financial proposal; T + F) as follows: R = Tr x T% + Pr x F%. 11. DURATION OF THE MISSION The duration of the mission is 120 days from the date of the notification of successful bidder. The Consultant shall bear all insurance or medical expenses relating to him during the period of his services. The Consultant shall take steps to obtain the necessary visas or residence permits to carry out his duties and fulfill his obligations under the contract. The Bank will assist the Consultant in its efforts whenever necessary. 12. DATE AND PLACE OF SUBMISSION OF APPLICATIONS The deadline for submission of bids is fixed at 16 OCTOBER 2017 at 3.00 p.m. The technical tenders will be opened on the same day at 4.00 p.m. All bids must be presented in two copies (original and copy) to the following address: ECOWAS BANK FOR INVESTMENT AND DEVELOPMENT Department of Administration and General Services Secretariat Bid for recruitment of a firm responsible for preparation of an Anti-Fraud and Corruption Policy “To be opened only in the bids opening session” 128, Bd. du 13 janvier BP 2704 Lomé – Togo _ E-mail :
[email protected] Tel: (228) 22 21 68 64 – Fax : (228) 22 21 86 84 Page 6 of 7
12. ADDITIONAL INFORMATION For all inquiry regarding clarification on the terms of reference or information deemed necessary to carry out this mission, the Consultant may contact: Mr. Olagunju M O. ASHIMOLOWO, Director of the Department of Internal Audit and Evaluation of Operations, Email :
[email protected] Mr. Maximillien GBETHOLANCY, Head of Evaluation of Operations Division, E-mail :
[email protected]
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