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Ethiopia-Addis Ababa: Administration, defence and social security services
Modification of a contract/concession during its term
Section I: Contracting authority/entity
Section II: Object
Strengthening Ethiopia’s Capacity and Regional Engagement on Counter Money Laundering and Illicit Financial
The objective of the assignment is provision of technical assistance to the Government of Ethiopia in order to support the development of Ethiopia’s institutional capacity in Anti Money Laundering (AML), Combating the Financing of Terrorism (CFT), while contributing to full compliance with FATF standards.
It is further an objective to, throughout the programme, to support the institutional capacity of both Ethiopian Financial Intelligence Centre (EFIC) and the Federal Attorney General (AG) by deeding their capacity to deter, detect and punish facilitators, initiators and beneficiaries of illicit financial flows.
As part of the Danish Peace and Stabilisation Programme for the Horn of Africa (2018–2022), Denmark will provide support to the Thematic Programme on Promote exercise of authority across regional land and maritime borders. In order to ensure sustainability and effective interventions, the capacity building and in the form of technical assistance to the relevant Ethiopian government institutions has been included.
The overall purpose of the provision of technical assistance is to enhance the capacity of relevant government staff in the Financial Intelligence Centre (EFIC), Federal Attorney General (AG) and to relevant institutions in the financial sector including the private financial sector and the justice sector to:
— enhance the role of the reporting entities in the AML/CFT regime,
— facilitate for assessing the existing national AML/CFT regime against the FATF requirements, which include the AML/CFT Proclamation No. 780/2013 and related regulations and directives,
— improving the national legal framework through different activities including drafting new legislation and amending the existing legislation based on the dynamic nature of the international system,
— extend the role of Designated Non-Financial Businesses and Professions (DNFPBs): accountants, real-estates, precious metals, and other DNFPBs.
Section IV: Procedure
Section V: Award of contract/concession
Section VI: Complementary information
The tender procedure is governed by Danish law and the rules applicable hereunder.
An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/46419/the-public-procurement-act.pdf
Actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within:
45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU,
The complainant must at the same time notify the contracting authority that an action has been submitted to the Danish Complaints Board for Public Procurement.
Section VII: Modifications to the contract/concession
Addendum 1 concerns the replacement of an employee, which has taken place in accordance with section 7.02 of the contract “Replacement of Key Staff”.
Addendum 2 concerns the transfer of unused funds from phase 1 to phase 2 and was conducted in accordance section 180 of the Public Procurement Act. The funds transferred from phase 1 to phase 2 did not change the original value of the contract and the value transferred between phase 1 and phase 2 did not exceed 10% of the original contract value.
Modifications to the contract:
As a result of the COVID-19 pandemic, the entire program “Peace and Stabilisation Programme for the Horn of Africa 2018-2022, phase 3” (FSP HoA III), including this contract, has been delayed and the implementation of activities has been delayed. As result of unforeseen circumstances (COVID-19), the Parties deem it is necessary to
1) extend the Contract period until the end of 2022 (approximately 6 months),
2) reallocate funds from other projects conducted under the program FSP HoA III to this contract, and
3) transfer unallocated funds from the FSP HoA III programme to this contract
in order ensure already planned activities are carried out and implemented in the FSP HoA III program.
The modifications to the contract are conducted accordance with article 183 of the Public Procurement Act, as
• the need to extend the contract and increase the contract price is a direct consequence of the COVID-19 pandemic, as planned activities under the FSP HoA III program have been delayed, including activities in this project. Due to COVID-19, there are a number of activities that have not yet been implemented in other projects, and to ensure the implementation of the planned activities, it is deemed necessary to transfer unallocated funds and reallocate funds to this project. The need to amend the contract is a consequence of external circumstances and could not have been foreseen by a reasonable and diligent contracting authority
• the overall project / the overall nature of the contract is not changed
• the overall contract price does not exceed 50 per cent of the value of the original contract