Procurement of a consultant / consultancy firm to

Technical backstopping of the monitoring and evaluation unit based on mobile data collection in an agricultural value chain project – Tanzania.

in Kigoma Region / Tanzania for the Sustainable Agriculture Kigoma Regional Project (SAKiRP)

SAKIRP – 2019-08-15

Simplified specifications Project: TAN1403111

1. CONTACT PERSON AT SAKIRP

NAME: Steven Hollevoet

FUNCTION: Project manager

ADDRESS: SAKiRP PROJECT, Regional Secretariat, PO Box 24, KIGOMA

E-MAIL: Steven.hollevoet@enabel.be

Questions are preferably sent by e-mail 24-27th August 2019

2. OBJECT OF THE CONTRACT:

The recruitment of a consultant / consultancy firm to backstop the monitoring & evaluation unit of an agricultural value chain project with focus on mobile data collection, upscaling best practices, enhancing data credibility and promoting data use through visualisation.

3. PLACE OF DELIVERY

CITY: remote support – Kigoma COUNTRY: Tanzania

4. DELIVERY ADDRESS 5. CONTACT PERSON AT DESTINATION

ADDRESS: SAKIRP PROJECT, PO Box 24 Regional Secretariat Building, Mnarani Area KIGOMA Tanzania

NAME: Jackson Ndayisaba

FUNCTION: procurement officer

COUNTRY: TANZANIA

jackson.ndayisaba@enabel.be

E-MAIL : steven.hollevoet@enabel.be

5. (FINAL) DATE OF DELIVERY / PERFORMANCE OBLIGATORY: 31ST JANUARY 2020

The contract will start upon contract award notification and ends with the final acceptance of the deliverables as per Terms of Reference.

6. SUBMISSION OF TENDERS: DEADLINE 29/08/2018 20:00 PM

Interested candidates shall submit signed and bound hardcopies + an electronical copy (USB

stick) of their proposal in a sealed envelope clearly marked: TENDER, SAKIRP - backstopping of monitoring & evaluation project unit in Kigoma Region / Tanzania

It may be submitted: a) By mail or by courier b) By email.

b) Delivered personally with acknowledgement of receipt at the SAKiRP Project P. O. BOX 24 RS Building, Mnarani Area, KIGOMA.

All tenders must be received by Thursday 29th August 2019, 20:00 PM Tanzanian time. Tenders who are late will be excluded.

The following will be the planned calendar of events for the award procedure

Deadline Submission: 29/08/2019

Opening session & Evaluation of tenders 30/08/2019

Award notification: Week 2/09/2019

A complete submission requires documents as listed in Section 10 of this document, including:

• Technical Proposal addressing TOR and award criteria

• CVs

• Two samples of related consultancy work conducted in the past 5 years

• References

• Certificate of business registration and VAT registration if applicable

The tender and all accompanying documents must be numbered and signed (original hand written signature) by the tenderer.

7. TERMS OF REFERENCE – BACKSTOPPING M&E CONSULTANCY 7. 1. Background The Government of Tanzania partnering with Enabel, the Belgian Development Agency, is implementing the Sustainable Agriculture Kigoma Region Project (SAKIRP) in Kigoma region. Kigoma region covers 6 rural districts and a population of 2.1 million people (2012 census). Agriculture is the main economic activity in Kigoma Region and it employs over 70% of the population of the region. It is dominated by small-scale farmers, especially women. The major crops are maize, beans, cassava, rice, bananas, oil palm, coffee and tobacco. The value chains of cassava and beans showed good potential for pro-poor value chain development in light of their markets, the promotion of gender equity, the contribution to household food security, the income potential and the overall outreach of these crops in Kigoma region. SAKIRP is supporting various actors along these two value chains including smallholder producers, traders, aggregators and processors. The project is facilitating market linkages & information systems, value chain financing, infrastructure, strengthening value chain service provision and multi-stakeholder processes. The project targets 56 potential wards in these districts for cassava and bean value chain development and has a lifespan of 5 years (2017-2021). Field data collection is carried out by 56 Ward Agriculture Extension Officers who are supervised by 6 District Agriculture Extension Officers. The tool used for data collection is KoBo Toolbox, enabling extension officers to report data from the field on a daily basis through digital questionnaires. This data is automatically aggregated into an Excel-file by KoBo Toolbox, which allows for easy data analysis and real-time feed-back from the beneficiaries. The KoBo Toolbox served its main purpose during the baseline household survey and the Annual Household Survey, a repetition of the baseline survey, exactly one year later. Analysed data from these surveys provides the lion’s share of information for the indicator progress tracking. Other indicators are tracked through regular digital data collection on production and income of 560 selected rural households, phone call-backs of Household Survey interviewees and through Trader and Farmer Group Surveys. Apart from indicator tracking, the data collection served furthermore for the establishment of a Farmer Group Database of over 600 groups and a database containing the history of over 1000 demonstration and multiplication plots established in the region. 7.2. Objective of backstopping the M&E system The objective of backstopping the M&E system is:

1. to have a revised list of key indicators for the project log frame, which are smart, in line with the current outcome pursued and updated with values for 2019;

2. to regularly share evaluation findings with the PIU for evidence-based decision making and activity planning;

3. to provide technical assistance to the M&E technician and a technical induction to the newly recruited junior expert from Belgium;

4. to contribute to the Annual Results Report; 5. to contribute to the publicity and communication materials (i.e. fact sheets, infographics, project

leaflet etc.)

7.3. Scope of the consultancy

1. Review the current M&E system, ensuring its high-quality and credibility as an evidence-based learning system by revising the existing data collection tools, assuring that they provide reliable data for the analysis of indicator values, and by revising the list of indicators, assuring they are SMART and in line with the current outcome pursued;

2. Conduct data analysis & visualization and identify relevant evaluation findings and regularly share

these outputs with the PIU team members for drawing conclusions and recommendations in order to be shared with partners, stakeholders and beneficiaries and for in-house activity planning and decision-making;

3. Conduct periodic analysis of the indicator progress in order to track the achievement of project

results, inform the project management for evidence-based decision making and planning and input them into the Indicator Progress Tracking Table (IPTT) by the end of 2019;

4. Elaborate reports of the Participatory Variety Screening, Yield Assessments and Gross Margin for

both value chains; 5. Elaborate report and maps on soil fertility analysis and provide soil fertility management

recommendations; 6. Elaborate the report and presentation of the Annual Household Survey 2019; 7. Contribute to the Annual Results Report with data analysis and data visualization; 8. Develop a project leaflet for publicity of the project; 9. Develop Project Fact Sheets on key outputs such as Market Linkages, Processing Technology,

Demonstration and Multiplication Plots, etc., visualizing up-to-date achievements made by the project by the means of infographics and maps, for sharing purpose during field visits by partners and stakeholders;

10. Provide continuous technical assistance to the M&E technician with regards to the identification of

monthly data needs for the project, data analysis and designing appropriate mobile-based data collection tools (ODK) for monitoring and evaluating project activities;

12. Conduct a short field visit to Kigoma in order to liaise with project staff and fully understand the

deliverables of the consultancy. SAKiRP will be responsible for all the field work (data collection and translation into Swahili) and all related costs.

7.4. Key deliverables

1. Revised list of key log frame indicators and accordingly revised functional M&E system; 2. Updated Indicator Progress Tracking Table (IPTT) for 2019 3. Concise report of Participatory Variety Screening and Yield Assessments with interpretation of

analysed data 4. Concise report of Gross Margin Analysis with interpretation of analysed data 5. Concise report of Annual Household Survey with interpretation of analysed data 6. Concise report and maps of Soil Fertility Management 7. Contribution to the Annual Results Report 8. Project fact sheets on key outputs such as Market Linkage, Processing Technology, Demonstration

and Multiplication Plots, etc. 9. Project Leaflet 10. Regular monitoring reports for the management

7.5. Methodology and process of the backstopping Apart from a short field visit in order to liaise with project staff and fully understand the deliverables of the consultancy, all backstopping will be provided working remotely for a period of 5 months (September – January2019). The consultant will be expected to share his/her agenda on a monthly basis and is expected to be reachable for communication on week days during working hours (9 AM – 5 PM GMT+2). Mobile data collection technology (ODK and KoBo toolbox) is used for data collection. The consultant should be proficient in scripting in ODK and have the capacity to provide the requisite expertise for the design of high-quality surveys that provide reliable data. 7.6. Proposed time frame Ideally, the consultant should be available to commence on the 1

st of September 2019 and finalize the work before the 31

st

of January2019.

Item Month of implementation

Estimated duration (days)

Data analysis of the indicator progress tracking September - January

15

Provide continuous technical assistance to the M&E technician- assessment demos, price & market tracking

September - January

10

Review the current M&E system September 3

Develop project fact sheets September 5

Develop a project leaflet September 5

Elaborate reports on Participatory Variety Screening, Yield Assessments and Gross Margin, for both value chains

September - October

5

Induction new project personnel Depends on needs

4

Elaborate report and maps on demo results for instance soil fertility management

October 4

Elaborate the report and presentation of the Annual Household Survey 2019

November - December

10

Contribute to the Annual Results Report December January

4

Total days 65

7.7. Qualifications and experience of the consultant The tender is open to individual consultants and consultancy firms. Overall requirements The consultant shall have demonstrated capacity in conducting backstopping of this scope and nature, and an in-depth understanding of mobile data collection technology for M&E systems. Hands on experience with the M&E of agribusiness value chain projects in East Africa is a requirement. The consultant should have the following qualifications and attributes:

Master’s degree in either Economics, Agricultural Economics, Applied Statistics, Agriculture Engineering, Mathematics or equivalent;

Proven experience in developing hands-on M&E systems based on mobile data collection (ODK) for private and/or international development organisations;

Proven knowledge and experience in survey design, implementation of surveys, data analysis, data visualization and the use of mobile data collection technology for M&E, preferably in agricultural value chain projects;

Proven capacity to provide remote technical backstopping for survey scripting in ODK, data analysis, data visualization, report writing and conceptual issues related to M&E and quality control.

Proficient user of Excel for data analysis and GIS software

Excellent English language skills 7.8. Payments No advances can be made. Payments will be done on a monthly basis, based upon the number of days worked that month, after submission of the monthly worksheets and approved respective deliverables. Last payment will be done only after management approval of all deliverables.

8. SELECTION The contracting authority selects the tender which it finds to offer the best value for money, taking into account the following criteria and weightings:

Criteria Description Weight

1 Understanding and interpretation of the TOR 10%

2 Proposed methodology and approach 15%

3 Experience of proposed consultant 15%

4 Quality and relevance of past assignments (based on samples) 20%

5 Price 40%

The award criteria shall be evaluated as follows:

Award criterion 1, 2, 3, and 4 shall be evaluated on the basis of an assessment by a Panel

composed of at least 3 members. At least one panel member is not a staff member of ENABEL.

Award criterion 5, price, shall be evaluated on the basis of the following formula

Value price criteria for offer Z = 20 * (lowest price / price offer Z) The contract will be awarded to the tenderer with the highest score above the pass mark set at the time of evaluation. However, the contractor is not bound to award the contract to any tenderer. Enabel procedures allow for negotiations with the best bidders.

Response to the request for tender call

Applications by interested consultants should comprise of a technical and financial proposal. The technical

proposal should outline how the assignment will be implemented based on the terms of reference and

clearly indicate roles and responsibilities of the proposed consultant. The proposal should include a proposed

outline of the final report (showing main headings and sub-headings – this will also be used to gauge

understanding of the terms of reference). The award will be given to the proposal that best meets both

technical and financial requirements. The technical proposal will carry a weighting of 80% of total marks and

the financial proposal will carry a weight of 20%.

The complete proposal will consist of the following:

1. Identification form of the tenderer (see below point 10.)

2. Financial proposal based on the attached ENABEL template (see below point 9.)

3. Technical proposal with amongst others how to address the deliverables mentioned in 7.4.

4. Curriculum vitae of the consultant or track record of the firm.

5. Availability to carry out the assignment in September 2019– January 2020.

6. At least two sample reports of related assignments conducted within the past 5 years (soft copies on

USB stick – no need for hard copies)

7. Names and contact details of 2 clients served within the past five years

If hard copies are delivered by hand to the office, please add an USB stick with soft copies. Applications by email are welcome. For large documents, use “drop box” or “sendit links”

9. PRICE The contract will be awarded on an all-in total price basis. The following shall in particular be included in the prices whenever applicable:

Professional fees; Travel, transportation, accommodation, food and beverage; Insurance costs; VISA costs; Communication costs; The costs of documentation with regards to the services and of any documentation required

by the contracting authority; Administrative and secretariat costs; The delivery of documents or of pieces related to the performance of the services; Customs and excise duties for equipment and products used; Packaging costs; Acceptance costs.

The tenderer commits to performing the public contract in conformity with the provisions of Tender Specifications for the following prices, given in euros and exclusive of VAT:

A. Staff remuneration technical and support staff

Staff name Position Person-days

Rate/Person-day in euro

Remuneration in euro

Total staff remuneration

B. Direct costs

Description Unit description or lumpsum

Unit cost in euro

Quantity/days Cost in euro

Total direct costs

C. Total price in euro = A + B

Total amount VAT excluded in numbers

Total amount VAT excluded in words

Certified true and sincere, Name, date and original hand-written signature(s):

10. IDENTIFICATION OF THE TENDERER

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

Nationality of the tenderer and of staff (if different)

Domicile / Registered office

Telephone number and fax number

National Social Security Office registration number, or equivalent

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

By submitting this tender, the tenderer ……………………………………………… agree to renounce his own (sales) conditions and commits to performing this public contract in conformity with the provisions of the specific purchase conditions attached and for the prices offered. In accordance with the Specific conditions attached to this document, the applicable law for this contract is Belgian law. Certified true and sincere, Signature of the tenderer,

In accordance with the Specific conditions below, applicable law for this contract is Belgian law.

SPECIFIC PURCHASE CONDITIONS WORKS, SUPPLIES AND SERVICES.

General points

Except when specified otherwise in the order or any related contractual document of the contracting authority, these Specific Purchase Conditions apply to orders for works, supplies and services placed in the name of and for the account of Enabel - Belgian Development Agency. These orders are subjected to the following legal provisions:

The Law of 15 June 2006 on public procurement and on certain contracts for works, supplies and services;

The Royal Decree of 15 July 2011 on the award of public contracts in the classical sectors;

The Royal Decree of 14 January 2013 establishing the general rules for the performance of public contracts and of public works concessions ('RGE/RAU'). Moreover, the following provisions apply for public works contracts:

The rules governing the approval of contractors of works: o The Law of 20 March 1991, and any changes thereto, governing the approval of contractors of works; o The Royal Decree of 26 September 1991, and any changes thereto, determining certain executive

measures of the Law of 20 March 1991 governing the approval of contractors of works;

The rules for works that require an approved contractor: o The Articles 400 to 408 of the 1992 Income Tax Code, and any changes thereto; o Article 30 bis of the Law of 27 June 1969 reviewing the social security system; o The Royal Decree of 26 December 1998 in execution of Articles 400, 401, 403, 404 and 406 of the 1992

Income Tax Code and of Article 30bis of the Law of 27 June 1969 revising the Decree of 28 December 1944 on the social security of workers.

Acceptance of the order – see. Art. 54 RGE/AUR

Any remark or dispute of the contractor about an order must be formulated in writing within 8 calendar days after the reception of the order. By default, the order is considered accepted. In case there is a remark or dispute formulated in the above-mentioned form and within the above-mentioned deadline, the contracting authority reserves the right to cancel the order with a simple written notification. Annulation does not entitle to any form of indemnity. The acceptance of the order implies the acceptance of all related conditions, including these Specific Purchase Conditions. The sales conditions of the contractor do NOT apply to the order even if the acceptance refers to them. Moreover, the acceptance of an order supposes that the contractor undertakes to supply possible spare parts for the whole planned period of use of the goods delivered. The fact, for the contracting authority, not to have one of these specific conditions respected during the performance of the order does not mean that it has renounced to that condition.

Price – see Art. 18, 19 Royal Decree 2011

Both unit and global prices are given in euros. Except for VAT, these prices include all costs, taxes, duties and contributions of any kind, and namely:

The costs for loading, transportation, insurance, customs clearance, delivery and unloading at the quay included, unless explicitly mentioned otherwise (DDP at place of delivery);

Packaging costs;

Costs for any possible intellectual property rights.

Without prejudice to Article 54 of the RGE/RAU and unless contrary provisions have been agreed upon in writing and by mutual agreement, the fixed prices may in no case be increased, not for a later cost of raw material, nor by applying a clause referring to price indexation, nor for any other reason whatsoever. As the order can be based on a tender, the order may relate to only a part or a quota lot of one or more goods and/or services having been the object of the tender, and the contractor undertakes to perform it without this reduction leading to a price increase from its part.

Delivery / Performance modalities – see Art. 45, 46, 47 RGE/AUR

The delivery/performance deadlines agreed as well as the instructions about the delivery/performance address must be strictly observed. Any delivery must be accompanied by a delivery note mentioning the name of the contractor, the contract reference and the reference of the order form, the content of the package (nature of the goods and quantity), the information required by the regulations as well as all related certificates and documents. Any exceeding of the delivery date specified for the goods, services and/or related documents or the given dates for the performance of the works, taking into account the Articles 28 and 29 of the RGE/RAU, and this for whatever reason, shall result as of right and by the expiry of the deadline in the application of a fine for late performance of 0.07% of the amount of the order per commenced week of delay. This fine is limited to a maximum of 20% of the total amount of the order. A lump sum amount of € 250, for administrative costs, is also applicable for the same reasons. Moreover, the contracting authority reserves the right to possibly cancel the order and to turn to another tenderer. Any possible extra cost shall be borne by the defaulting tenderer. Any costs for removing, transferring, forwarding and more in general any costs run by the contracting authority that can be charged to the defaulting contractor, are to be paid by it and are deducted from the amounts being owed to it.

Refusal and Acceptance of supplies and services, provisional acceptance– see Art. 118, 120 RGE/AUR

The contractor provides only goods and services that have no apparent and/or hidden defects and that correspond strictly to the order (in kind, quantity, quality…) and, if necessary, to the prescriptions of related documents as well as applicable regulations, in compliance with good practice, the state of the art, the highest standards of usage, of reliability and of longevity, and for the purposes that the contracting authority has in mind, which the contractor knows or at least should know. Acceptance (provisional acceptance) only takes place after the complete verification by the contracting authority of the conformity of the goods and services delivered. The signature of (a staff member of) the contracting authority, in particular in electronic reception devices, upon delivery of the materials, does consequently only count as evidence of taking possession and does not concern the acceptance of the materials. Acceptance on the premises of the contracting authority or, otherwise, on site, counts as full provisional acceptance. Acceptance implies the transfer of ownership and of risks of damage and loss. In case of full or partial refusal of a delivery, the contractor is bound to take back, at its own costs and risks, the products refused. The contracting authority may ask the contractor to supply goods that comply as soon as possible, either cancel the order and get supplied by another supplier, without prejudice of the provisions under Article 4 of these Specific Purchase Conditions.

Warranty – final acceptance for supplies and services – see Art. 64, 65, 134, 135 RGE/AUR

In addition to the legal guarantee against hidden defects, the products are guaranteed for (one) 1 year from the date of commissioning. During that time, at its own expense, the contractor repairs or replaces, as the contracting authority prefers, any defect, shortcomings and nonconformity found, and reimburses the contracting authority for any damage sustained as a direct or indirect result by itself or third parties. A new guarantee period of (one) 1 year applies to repairs and goods or services delivered as a replacement. Final acceptance occurs after the guarantee period.

Technical acceptance, acceptances and guarantee for works – see Art. 42, 43, 64, 91, 92 RGE/AUR

Acceptances are conducted according to the modalities of Articles 42, 43 and 64 of the RGE/AUR. Provisional and final acceptances always apply. A warranty of one (1) year is applicable on works done. It starts upon provisional acceptance.

Security

Any performance of a contract must meet the provisions of the Law of 4 August 1996 on the welfare of workers in the performance of their work, the general regulations for the protection of employment, the Codex about welfare in the workplace, and their executive arrests. The operations performed by the staff of the contractor when performing a contract are under the exclusive responsibility of the contractor. This responsibility includes any breach of the legal or regulatory prescriptions with regards to prevention and protection in the workplace.

Subcontracting and cession – see Art. 12, 13 RGE/AUR

Contractors may, under their sole responsibility, call upon subcontractors for certain components of the contract. Subcontracting is under the sole responsibility of the contractor and does in no way discharge the contractor of performance obligations under the contract vis-à-vis the contracting authority, which recognizes no legal relation with subcontracting third parties. One contracting party may not cede its rights and relinquish its obligations resulting from the order to a third party, without having obtained in advance the written approval of the other party. Any cession requires the signing of an amendment to the existing contract.

Invoicing and payment – see Art. 127 RGE/AUR

Invoices are submitted in duplicate (two copies) and mention the reference numbers and the date of the order form, the description of the goods or services delivered or of the works done with for each item the quantities as well as the unit prices and global prices exclusive and inclusive of VAT. For works, two copies of the technical acceptance report and of the provisional acceptance report and/or a copy of the works logbook must be attached to the invoices. Invoices in due form and not disputed are paid within 50 (for works in principle 60) calendar days after reception of the invoice.

Bond – see. Art. 25 RGE/RAU (exemption)

No performance bond is required, as supplies, services or works are paid only after acceptance, which provides enough guarantee for this contract.

Responsibilities

The contractor shall bear all risks related to the performance of the contract. The contractor is liable to the contracting authority for any damage of any kind sustained by the contracting authority due to the non-respect of its obligations by the contractor. In this respect, the contractor also covers the contracting authority against any third-party claims.

Insurance

The contractor is bound to take out any obligatory insurance and to take out or renew any necessary insurance for the good performance of the contract, especially insurance covering “civil liability” (minimum amount insured: 1,250,000 euros), “work accidents” (minimum amount insured: 35,000 euros) and “transport-related risks”, and this for the whole period of the mission. The policies to be taken out by the contractor must stipulate that no changes or termination of the policy or no suspension of the coverage may be applied without the insurer informing the contracting authority of this measure at least one month in advance. The contractor will send the contracting authority, upon simple demand, a copy of proof of regular payment of the premiums that are borne by it.

Intellectual property rights – see Art. 19 RGE/AUR

The contractor must cover the contracting authority against any third-party claims of violation of intellectual property rights on the goods or services delivered. The contractor must assume, without limitation as to the amount, all payments of compensation, costs or expenditure ensuing from and borne by the contracting authority in a legal action, which is based on such a claim, in so far as the contractor supervises its defence and negotiations with a view to an amicable settlement. The contractor undertakes, either to obtain the right for the contracting authority to use the products concerned, or to modify or replace the products, at its cost, in order to put an end to any imitation, albeit without altering the fundamental specifications of the products. In derogation to Article 19 § 1 of the RGE/RAU, the acquisition price of any patent rights and any other intellectual property rights, as well as the royalties owed for the exploitation licence of the patent and any other royalties are borne by the contractor, regardless whether their existence was mentioned or not in the contract documents. The service provider integrally, definitively and exclusively and without any financial compensation cedes any author rights or industrial property rights that it holds or will create in the context of this contract to ENABEL. This cession will take place at the time of acceptance of the works that are protected by author rights.

Obligation of confidentiality

Any commercial, organisational and/or technical information (all data, including, and this without limitation, the passwords, documents, schedules, plans, prototypes, figures) that the contractor gets hold of through this order remain the property of the contracting authority. The contractor undertakes to:

Keep confidential any information received and not to transfer it to a third party without the preliminary written permission of the contracting authority;

Use the information received only for the purpose of the order;

Communicate information received only to staff members who need it for the order;

Send back information received and any possible copies upon simple demand to the contracting authority. This obligation of confidentiality applies for the whole duration of the order, and, except if there is a different agreement, continues for a period of two years, starting on the due date of the order.

Data and information system security

In case resources are supplied concerning the information systems of the contracting authority, to work with these or simply use these, the contractor ensures:

To take the necessary (technical and organisational) security measures to manage the risks regarding the systems, applications, information and related delegations;

To respect IT governance rules applicable and especially the access policy;

To respect the prohibition to import data without preliminary notice to and authorisation from the contracting authority;

To respect the prohibition to export data from the contracting authority to the outside.

VAT exemption

For deliveries, ENABEL is exempted from paying VAT for the goods purchased in view of using them in the countries outside the European Community for the execution of its development tasks in these countries. For services, the place of the performance of the services is determining. In principle, it is the place where the service provider has established the office of its economic activity or a fixed institution where the service is performed. If the service provider has no such office or fixed institution, its domicile or its usual fixed residence is determining.

When the service provider is outside a country of the European Community, ENABEL is subject to the fiscal regime of the country and not to the Belgian VAT obligation. This only applies for certain services (Art. 21§3, 7°, a) to l) of the VAT Law).

Litigation

Only Belgian law applies. Any litigation about the order and these Specific Purchase Conditions are the exclusive competence of the Brussels Courts.