Re-Advertisement

 REQUEST FOR PROPOSALS

TO:                     SUITABLY QUALIFIED AND EXPERIENCED SERVICE PROVIDERS

SUBJECT:         CONSULTANCY SUPPORT FOR THE FFA SECRETARIAT

HUMAN RESOURCES UNIT

DATE:                2 FEBRUARY 2023

Submissions are invited from interested parties to submit a proposal in response to the attached request for proposals to provide HR Consultancy support for the HR Unit of FFA.

To enable you to submit a Proposal, please find enclosed: Annex I: Instructions to bidders.

Annex II: Terms of Reference.

Annex III: FFA Standard Conditions of Contract.

This letter is not to be construed in any way as an offer of contract to any specific party. Should you have any questions, please contact Mr. Mesake Nawari, Director Corporate Services on email: mesake.nawari@ffa.int.

 

Yours sincerely

Deputy – Director General

 

Annex I

HUMAN RESOURCES UNIT

1. Submission of Proposals

• All proposals submitted together with all correspondence and related documents shall be in

If any of the supporting documentation or printed literature is in any other language, a written translation of the document in English should also be provided. In such cases the interpreted document will be used for processing and evaluation purposes.

• All prices in the proposals must be presented in US Dollars (USD).
• The deadline for submission of proposals is Tuesday 21 February, 2023, 5:00pm Solomon Islands Time. Any proposal received after this date will not be considered. FFA may, at its discretion, extend the deadline for the submission of proposals by notifying all prospective bidders in writing. The extension of the deadline may accompany a modification of the solicitation documents prepared by FFA on its own initiative or in response to a clarification requested by a prospective bidder.
• In submitting a proposal, interested parties should demonstrate a clear understanding of the Terms of Reference (TOR) as set out, with appropriate explanatory comments, proposed timelines for implementation and delivery of the required work.
• The successful bidder will be required to sign an FFA standard contract for the delivery of services. The FFA Standard Conditions for Contract are not negotiable.
• The proposal should also include:
  • A cover letter outlining proposed methodology and timelines for undertaking the assignment as per the Terms of Reference (Annex II).
  • Information on the CVs of the personnel proposed to undertake the work, their background and relevant experience of the consultants or agency proposed to complete the work as well as a summary of any similar or related experience.
  • A separately enclosed financial proposal providing a detailed cost summary for the implementation of the work.

2. Period of validity of proposals

• Proposals shall remain valid for forty (40) days after the date of Proposal submission prescribed by FFA, pursuant to the deadline A Proposal valid for a shorter period may be rejected by FFA on the grounds that it is non-responsive.
• In exceptional circumstances, FFA may solicit the bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in A bidder granting the request will not be required nor permitted to modify its Proposal.

3. Outputs required

Refer to ANNEX II

4. Evaluation Criteria

• A two-stage procedure will be used in evaluating the proposals, with evaluation of the technical proposal being completed prior to any price proposal reviewed and The financial proposal will only be reviewed for submissions that have passed the minimum technical score of 70% of the total obtainable score in the evaluation of the technical proposals.
• The technical proposal will be evaluated based on its responsiveness to the competency requirements as outlined in the following.

The criteria against which proposals will be assessed are as follows:

Evaluation Criteria	Score Weight (%)	Total Obtainable Score
Cited examples of relevant similar or related experiences	40	80
The methodology proposed to undertake the required work and the timeline proposed for completion of the work and submission of a final report	30	60
The qualifications and experience of the personnel proposed to undertake the assignment.	30	60
Total Score	100%	200
Qualification Score	70%	140

In the Second Stage, the financial proposal of all bidders, who have attained a minimum of 70% score in the technical evaluation, will be compared. The contract will be awarded to the bidder(s) offering the best value for money taking in account the cumulative scores of technical and financial evaluations.

Note: Submissions may include proposing an individual person to undertake this work or a team of personnel.

5. Financial Proposals

The financial proposal should be submitted by separate cover and not included as part of the technical proposal. Note that FFA will organise travel arrangement and provide per diems in accordance with the FFA travel policy for onsite audits. All prices in the proposals must be presented in US Dollars (USD).

6. Award of Contract

A contract shall be issued to the successful tenderer and payment will be made, in accordance with the contract, upon successful completion and submission of the required outputs. Refer to ANNEX III for The Standard FFA terms of conditions

7. FFA’s right to vary requirements at time of

FFA reserves the right at the time of award of contract to vary the quantity of services and goods specified in the RFP without any change in price or other terms and conditions.

8. Closing date for proposals

The deadline for receipt of proposals is Tuesday 21 February, 2023, 5:00pm Solomon Islands Time

9. Submission

For proposals can be delivered and dropped at the FFA Tender Box:

Tenders should be addressed to:

The Director-General FFA Tender Committee

CP10_2223–HR Consultancy to support the HR Unit. PO Box 629

Honiara, Solomon Islands

Proposals can also be submitted online via email:

 

Tender documents can be emailed to procurement@ffa.int with the subject line: CP10_2223

–HR Consultancy to support the HR Unit. Documents are to be submitted in PDF formats.

Annex II

REQUEST FOR PROPOSAL – CONSULTANCY SUPPORT FOR THE FFA SECRETARIAT HUMAN

RESOURCES UNIT

 

1.                 Background

The Pacific Islands Forum Fisheries Agency (FFA) traces its origin to the South Pacific Forum meeting in Port Moresby in 1977 which adopted the Declaration on the Law of the Sea and a Regional Fisheries Agency and outlined its functions. FFA strengthens national capacity and regional solidarity so its 17 members can manage, control, and develop their tuna fisheries now and in the future.

Based in Honiara, Solomon Islands, FFA’s 17 Pacific Island members are Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu.

FFA was established to help countries sustainably manage their fishery resources that fall within their 200-mile Exclusive Economic Zones (EEZs). FFA is an advisory body providing expertise, technical assistance, and other support to its members who make sovereign decisions about their tuna resources and participate in regional decision-making on tuna management through agencies such as the Western and Central Pacific Fisheries Commission (WCPFC).

FFA consists of the governing body – the Forum Fisheries Committee (FFC) which is constituted by officials and Ministers, and a Secretariat. The Secretariat, with a current establishment of over a hundred positions, is organised into four divisions: Fisheries Management, Fisheries Development, Fisheries Operations, and Corporate Services. FFA is led by an executive management unit headed by the Director-General.

“Our people enjoying the greatest possible social and economic benefits from the sustainable use of offshore fisheries resources” is the vision that the FFA Secretariat has committed to through its 2020- 2025 Strategic Plan.

The FFA’s Mission Statement is “Empowering FFA Members to take collective and national action for the sustainable use of offshore fisheries resources”

The 2021 -2025 Business Plan is the plan for the FFA Secretariat to deliver the operating intentions of its Members. The Business Plan underpins FFA’s Annual Work Program and Budget, Annual Report and uses the six strategic outcomes in the Strategic Plan to identify short-term and medium-term outcomes which are:

• Offshore fisheries are ecologically sustainable
• FFA Members’ offshore fisheries rights are well defined
• FFA Members’ offshore fisheries rights are secured and protected
• Economic and social benefits are optimised for FFA Member countries and our people, within the context of ecologically sustainable fisheries
• Our people are empowered through strong and effective national, sub-regional and regional fisheries organisations
• FFA Secretariat is a professional organisation providing high quality advice and other services to FFA Members.

The FFA Values include Collaborative Partnerships, Integrity, Professionalism, Respect, Social Equity, Engagement & Responsiveness and Professional Growth.

Fisheries Management

Fisheries management at FFA provides policy and services to its members to build national capacity and regional solidarity for the sustainable management of tuna in the Pacific. This includes legal expertise, principles and projects around Ecosystem Approach to Fisheries Management, policy expertise and support regarding fisheries management decision making bodies, notably the WCPFC and SC-SPTBF (Billfish Committee).

Fisheries Operations

Fisheries Operations at FFA provides Monitoring Control and Surveillance (MCS) activities, policy and services, for members to strengthen national capacity and regional solidarity to prevent, deter and eliminate Illegal Unreported and Unregulated (IUU) fishing in the Pacific. This work is guided by the Regional Monitoring Control and Surveillance Strategy 2018 – 2023 (RMCSS), adopted by Pacific Islands Fisheries Forum Leaders in May 2010. The vision of the RMCSS is:

“…An efficient and effective MCS framework in the Western and Central Pacific Ocean region which supports the sustainable management of tuna resources and maximises the economic returns and social and development benefits, while minimising adverse environmental impact…”

Through the RMCSS, FFA member countries have collectively identified MCS outcomes that will require regional collaboration and cooperation as well as national action.

MCS activities of Fisheries Operations includes technical expertise, information sharing and projects around monitoring activities, regional surveillance operations, the FFA Observer Program, FFA Vessel Monitoring System, FFA licence information list, and staff training and support regarding relevant regional decision-making bodies, notably the Technical Compliance Committee of the WCPFC. The Minimum Terms and Conditions for licenced vessels is an FFA resource for controlling fishing in members’ waters.

Fisheries Development

Fisheries development at FFA develops the capacity of members to sustainably harvest, process and market tuna to create livelihoods and economic profits.

Assists FFA members with social, economic and development planning, market access, and investment facilitation for the fisheries sector, including in response to the Forum Leaders’ call to identify ways to ensure greater returns from the sustainable use of offshore fisheries resources.

Corporate Services

Corporate Services at FFA covers administration, budgeting, finance, human resources and other corporate functions of the organisation.

High Level Advice

High Level Advice incorporates a number of functions including:

• Legal Counsel
• Internal Audit
• Executive Support
• Training
• Strategic Communications
• Organisational Transformation
• Gender Equity and Social Inclusion
• Strategic Engagement

Other information:

For further details about FFA, please refer to the FFA website: https://www.ffa.int/.

2.                 Terms of Reference

 

• Objective

The objective of this project is for a HR Consultant to support the FFA Secretariat for initially for 30 working days to carry out Phase 1 of the consultancy and another 60 working days to commence the roll out of the transformation and modernisation Work Plan for the HR function of the Secretariat.

• Scope of work

A consultant with significant experience in the areas of strategic & operational human resources and organizational development is required to undertake the review of the human resources function of the FFA Secretariat and deliver the following outputs. The Consultant will be required to implement some of the milestones from the endorsed transformation and modernisation Work Plan.

This work is divided in two phases and is expected to cover up to a total of 90 working days focussing on the following areas outlined below:

PHASE 1 – HR NEEDS ASSESSMENT & DEVELOPMENT OF WORKPLAN

This phase covers a review of the HR function and the development of the plan to address the findings of the review. The work that will be covered in the phase include:

• Needs Assessment of the following human resources suite of services and submission of report with recommendations:
• HR work alignment to Business Plan
• HR Structure
• HR Staff Capacity
• HR Performance Measures
• Recruitment & Selection
• Contracts Management
• Career Progression
• Succession Planning
• Learning & Development
• Performance Management
• HR Analytics & Reporting
• Flexible work practices
• Leadership Development
• Organisation Design
• HR Business Model options
• Human Resources unit transformation and modernisation Work Plan clearly stating the actions to be taken in line with the recommendations from the Needs Assessment to reform and strengthen the Secretariat’s HR function covering the areas listed in (a) above.
• Develop the HR Competency Framework clearly identifying the individual and team competencies needed to deliver all HR services
• Delivery of the Work Plan and specific milestones approved by the Director General

PHASE 2 – WORK PLAN ROLL OUT

The second phase focuses on the roll-out of the transformation and modernisation plan developed in phase 1 and includes capacity development of the HR team. Some of the work will be completed within phase 2 of the consultancy while some will commence during this phase but completed later by the Secretariat team who will be trained and equipped to complete the work.

• Expected sequence of work

The specific sequence of work required for this consultancy is outlined in the table below:

Output	Phase 1 Sequence of Work	Estimated Number of Days
	Sign the consultancy agreement, gather information, visit FFA Office, meet FFA Executive and Management Team, meet FFA Staff and spend time with the HR team	3 days
a)  – b)	HR NEEDS ASSESSMENT & DEVELOPMENT OF WORK PLAN TO ADDRESS THE SERVICES & CAPACITY GAPS: Conduct needs assessment on the whole suite of HR Services namely HR work alignment to Business Plan which cover the following areas – HR Structure, HR Staff Capacity, HR Performance Measures, Recruitment & Selection; Contracts Management; Career Progression & Succession Planning; Learning & Development; Performance Management; HR Analytics & Reporting; Flexible work practices; Leadership Development; Organisation Design and HR Business Model options	15 days
	Finalise Needs Assessment Report and discuss with Executive, Management, Manager Organisational Transformation and HR team	3 days
c)	Development of the HR Competency Framework	5 days

 

 

d)	Develop HR unit transformation and modernisation Work Plan with milestones specifying measurable outputs, clear timelines, required resources, and responsible staff. The Work Plan should be appropriately linked to the findings and recommendations in the Needs Assessment Report.	4 days
	Total Number of Days for Phase 1	30 days

 

Output #	Phase 2 Sequence of Work	Estimated Number of Days
Base                on phase                2 output	Implementing some of the milestones from the HR unit transformation and modernisation Work Plan	30 days
	Knowledge transfer to all HR Staff through workshops, training and coaching sessions	30 days
	Total Number of Days for Phase 2	60 days

3                     Timelines and deliverables

The Consultant will be required to visit the FFA Office in Honiara and meet members of the Executive Management Team (EMT) to have a better appreciation of the context of FFA operations and the services it provides to the Member countries.

The majority of the work required will need the HR Consultant to work in Honiara, Solomon Islands and some aspects of the work can be done virtually.

4                   Methodology and Expertise required

The Consultant will be required to interview the FFA Executive Management Team and the FFA HR Staff during the Consultancy onsite at the FFA Head Office in Honiara, Solomon Islands. Thereafter, the Consultant will be working in Honiara to assist the Director Corporate Services to roll out the Work Plan and train, coach and develop HR staff.

A first degree in Human Resources Management, Economics or Organisational Development or another relevant field preferably with 15 years of senior corporate management experience in dynamic organisations with 10 years working in the Strategic Human Resources Management space with clients in the Pacific region. In addition, substantive consultancy experience in human resources reforms and use of fit for purpose technology to transform and accelerate human resources services in the public and private sectors. Workshop facilitation, consensus building, strategizing and presentation experience are also required for this consultancy.

The Consultant is required to disclose the specific work carried for other clients related to this work when submitting a bid for this tender.

5                   Place of performance

Most of the work will take place at the FFA headquarters in Honiara, Solomon Islands. This will be the preferred option. In the event that work is administered remotely, this will need to be discussed and agreed with FFA. In the proposal, please indicate your experience and ability in working in the Solomon Islands and also remotely.

6                   Further Information

For additional information regarding the tender or to arrange an on-site visit please contact on email: mesake.nawari@ffa.int or maika.vulaono@ffa.int

ANNEX III

REQUEST FOR PROPOSAL- CONSULTANCY SUPPORT FOR THE FFA SECRETARIAT HUMAN RESOURCES UNIT

1. Definitions

• In this Contract:
  • “Consultancy Services” means the Consultancy Services described in Schedule A;
  • “Memorandum of Agreement” means the agreement executed by and between FFA and the Institution in which these Conditions have been incorporated by reference;
  • “FFA” means the Pacific Islands Forum Fisheries Agency, based in Honiara, Solomon Islands;
  • “Contract” means the Memorandum of Agreement together with these Conditions and all other schedules and documents, if any, annexed to the Memorandum of Agreement or incorporated therein and intended to form part of the contractual relationship between the parties;
  • “Confidential Information” means information that:
    • is by its nature confidential;
    • is designated by FFA as confidential;
    • the Institution knows or ought to know is confidential; but does not include information which:
  • is or becomes public knowledge other than by breach of this Contract;
  • is in the possession of the Institution without restriction in relation to disclosure before the date of receipt from FFA;
  • has been independently developed or acquired by the Institution
    • “Usual Place of Residence” means the place of residence of the Institutions during the duration of the consultancy, as designated in the Memorandum of Agreement;
    • “Term of Engagement” means the entire period during which the Institutions will be expected to perform the Consultancy Services.
• Words importing a gender include any other
• Words in the singular number include the plural and words in the plural number include the singular.
• Clause headings in this Contract are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.
• A reference to a Schedule is a reference to a Schedule to this Contract and includes such Schedule as amended or replaced from time to time by agreement in writing between the

2. Fees

• FFA shall pay fees to the Institutions in respect of the Consultancy Services at the rate and in the currency specified in Schedule B to the Memorandum of Agreement on the basis of time spent by the Institutions in performing the Consultancy Services. For the purpose of determining the amount of such fees:

(a)  Where the fees are expressed in terms of a daily rate the time spent in performing the Consultancy Services shall be determined solely on the basis of the number of days actually worked by the Institution in performing the Consultancy Services, including travel time.

• Except as otherwise agreed between FFA and the Institution, no fees will be paid in respect of work performed other than during the Term of Engagement.

3. Expenses

• In addition to the fees specified in clause 2 and subject to Schedule A and Schedule B, FFA shall pay to or reimburse the Institution for the following:
• A daily subsistence allowance (DSA) at standard FFA rates for every day during the term of engagement during which the Institution shall be absent from the Usual Place of Residence for the purpose of performing the Consultancy Services; provided that DSA will be paid for the day of departure from the Usual Place of Residence but not for the day of return thereto. The DSA covers all accommodation charges, including government taxes (where applicable), meals, laundry and incidental expenses.
• All transportation costs properly and reasonably incurred by the Institution in travelling for the purposes of the Consultancy Services whether within the Country of Assignment or elsewhere, including the cost of transportation by an appropriate means of public transport between the Usual Place of Residence and the nearest convenient international airport and the cost of economy class air travel.
• All other reasonable out-of-pocket expenses of the Institution arising directly out of the performance of the Consultancy Services, including communications charges, airport and departure taxes, visa fees, taxi fares, and photocopying charges.

4. Payment of Fees, Costs and Expenses

• Consultancy fees payable under the Contract will be paid in accordance with Schedule B and to the satisfaction of the FFA.
• Where the Consultancy Services have not been performed to the satisfaction of FFA, FFA may withhold the balance of the fees in whole or in part and may:
  • require the Institution to carry out whatever additional work is required to complete the Consultancy Services to the satisfaction of FFA; or
  • terminate the Contract forthwith without prejudice to any right of action or remedy which has accrued or which may accrue in favour of FFA.
• Printing and distribution costs and reimbursable costs and expenses referred to in clause 3 shall be paid by FFA upon written application made by the Institution to FFA, supported by such receipts or other evidence as FFA may reasonably require to establish that that the expenditure was incurred in the amount and currency and in the manner claimed
• Unless otherwise agreed between the Institution and FFA, the fees shall be paid in the currency specified in Schedule B. All out-of-pocket expenses shall be paid either in the currency in which the same were incurred or in Solomon Island dollars or partly in one currency and partly in the other, as FFA shall reasonably determine in consultation with the Institution.

4.6   Whenever it shall be necessary to determine the equivalent of an amount in one currency in terms of another, the conversion shall be made at the rate which FFA shall determine was applicable at the time and place when the Institution incurred the expenditure or converted currency into the currency of expenditure, whichever first occurred.

5. Medical and Insurance

All medical and insurance costs shall be borne by the Institutions and FFA shall be under no liability in respect of medical expenses of the Institutions.

6. Indemnity

• Subject to the provisions of this Contract, the Institutions shall at all times indemnify and hold harmless FFA, its officers, employees and agents (in this clause referred to as “those indemnified”) from and against any loss (including legal costs and expenses on a solicitor/own client basis), or liability, reasonably incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability was caused by any wilful, unlawful or negligent act or omission of the Institution in connection with this Contract.
• The Institutions’ liability to indemnify FFA under clause 6.1 shall be reduced proportionately to the extent that any act or omission of FFA or its officers, employees or agents contributed to the loss or liability.
• The indemnity referred to in clause 6.1 shall survive the expiration or termination of this

7. General Covenants

• The Institutions covenant and agree that:
  • During the Term of Engagement, they shall devote the whole of their time and attention to the performance of the Consultancy Services and shall at all times act with due diligence and efficiency and in accordance with the Terms of Reference. They shall make or assist in making all such reports and recommendations as may be contemplated by the Terms of Reference and shall at all times cooperate with FFA, its employees and After the termination of the engagement, they

shall continue to cooperate with FFA to such reasonable extent as may be necessary to clarify or explain any reports or recommendations made by them.

• At all times they shall act with appropriate propriety and in particular, refrain from making any public statement concerning the Consultancy Services without the prior approval of FFA.
• They shall have no authority to commit FFA in any way whatsoever and shall make this clear as circumstances warrant.
• They shall report immediately to FFA any circumstances or events which might reasonably be expected to hinder or prejudice the performance of the Consultancy Services, including circumstances and events relating to his transportation and accommodation.
• All reports, notes, drawings, specifications, statistics, plans and other documents and data compiled or made by the Institution while performing the Consultancy Services shall be the property of FFA and upon termination of the engagement shall be disposed of as FFA may direct. The Institution may retain copies of such documents and data but shall not use the same for purposes unrelated to the Consultancy Services without the prior approval of FFA.

8. Conflict of Interest

• The Institutions warrants that, to the best of their knowledge, at the date of signing this Contract, no conflict of interest exists or is likely to arise in the performance of his obligations under this Contract.
• If during the Term of Engagement, a conflict of interest arises, or appears likely to arise, the Institutions undertake to notify FFA immediately in writing and to take such steps as FFA may reasonably require resolving or otherwise dealing with the conflict. If the Institutions fail to notify FFA or are unable or unwilling to resolve or deal with the conflict as required, FFA may terminate this Contract in accordance with the provisions of clause
• The Institutions shall not engage in any activity or obtain any interest during the Term of Engagement that is likely to conflict with or restrict the Institution in providing the Consultancy Services to FFA fairly and independently.

9. Disclosure of Information

• The Institutions shall not, without the prior written approval of FFA, disclose to any person other than FFA, any Confidential Information. In giving written approval, FFA may impose such terms and conditions as it thinks fit.
• FFA may at any time require the Institutions to give a written undertaking, in a form required by FFA, relating to the non-disclosure of Confidential Information. The Institutions shall promptly arrange for all such undertakings to be given.
• The obligation on the Institutions under this clause shall not be taken to have been breached where the information referred to is legally required to be disclosed.

10. Termination

• FFA may, at any time by written notice, terminate this Contract in whole or in part. If this Contract is so terminated, FFA shall be liable only for:
  • payment under the payment provisions of this Contract for Consultancy Services rendered before the effective date of termination; and
  • subject to clauses 10.3 and 10.4, any reasonable costs incurred by the Institutions and directly attributable to the termination or partial termination of this Contract.

• Upon receipt of a notice of termination the Institutions shall:
  • stop work as specified in the notice;
  • take all available steps to minimize loss resulting from that termination;
  • continue work on any part of the Consultancy Services not affected by the

• In the event of partial termination FFA’s liability to pay fees under Schedule B shall, in the absence of agreement to the contrary, abate proportionately to the reduction in the Consultancy Services.
• FFA shall not be liable to pay compensation in an amount which would, in addition to any amounts paid or due, or becoming due, to the Institutions under this Contract, together exceed the total fees set out in Schedule B.

11. Default

• If either party is in default under this Contract on account of the failure to perform or observe any obligation or undertaking to be performed or observed on its part under this Contract, the party not in default may terminate this Contract in whole or in part without prejudice to any right of action or remedy which has accrued or which may accrue in favour of either party.

12. Waiver

• A waiver by either party in respect of any breach of a condition or provision of this Contract shall not be deemed to be a waiver in respect of any continuing or subsequent breach of that provision, or breach of any other provision. The failure of either party to enforce at any time any of the provisions of this Contract shall in no way be interpreted as a waiver of such provision.

13. Notices

• Any notice, request or other communication to be given or served pursuant to this Contract shall be in writing and dealt with as follows:
• if given by the Institutions to FFA, addressed and forwarded to the Director- General, Forum Fisheries Agency, P.O. Box 629, Honiara, Solomon Islands. Fax: (+677) 23995.
• if given by FFA to the Institutions, signed by the Director-General or Deputy Director–General and forwarded to the Institution at the Usual Place of Residence.
• Any such notice, request or other communication shall be delivered by hand or sent by pre-paid registered post, facsimile to the address of the party to which it is sent.
• Any notice, request or other communication will be deemed to be received:
  • if delivered personally, on the date of delivery;
  • if sent by pre-paid registered post, on the day that the acknowledgment of delivery is completed by the recipient; and
  • if sent by facsimile, on the business day next following the day of despatch providing that the sender receives an “OK” code in respect of the transmission and is not notified by the recipient by close of business of the next business day following the day of despatch that the transmission was illegible.

14. Entire Agreement and Variation

• This Contract contains the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this Contract.
• No agreement or understanding varying or extending this Contract, including in particular the scope of the Consultancy Services in Schedule A shall be legally binding upon either party unless in writing and signed by both parties.

15. Severability

• Each provision of this Contract and each part thereof shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or If any provision or part thereof is void or otherwise unenforceable for any reason, then that provision or part (as the case may be) shall be severed and the remainder shall be read and construed as if the severable provision or part had never existed.

16. Applicable Law

• This Contract shall be governed by and construed in accordance with the laws of the Solomon Islands and the parties agree, subject to the Contract, that the courts of the Solomon Islands shall have jurisdiction to entertain any action in respect of, or arising out of, this Contract.