• Context

Expertise France – a member of the AFD Group - is the second largest technical cooperation agency in Europe. It designs and implements projects that sustainably strengthen public policies in developing and emerging countries. Governance, security, climate, health, education… It operates in key areas of development and contributes to the achievement of the Sustainable Development Goals (SDGs) alongside its partners.

To carry out its missions, Expertise France relies on complementary expertise. This human capital is divided between headquarters and the field, operational and cross-cutting functions, employees and sectoral experts. Expertise France mobilises some 850 people in 90 countries and has project offices in some 40 countries. This presence in the field facilitates agile implementation, ownership by the partners and an alignment with local needs and realities.

Agence Française de Développement (AFD) Group is a public institution that implements France’s development and international solidarity policy. It includes AFD, its subsidiary dedicated to financing private sector players Proparco, and since 1 January 2022, Expertise France. Through a network of 85 field offices around the world, AFD Group is currently financing and working on over 4,000 development projects and programmes in order to contribute to economic, social and environmental progress in low and middle-income countries.

Expertise France opened its first office in Iraq on 7 October 2019 with the help of the Crisis and Support Centre of the Ministry for Europe and Foreign Affairs. The agency operates technical cooperation projects in Iraq and in the Kurdistan Region of Iraq, in areas such as youth support, health system strengthening, protection of cultural heritage and women economic empowerment. Other projects, as part of the French Strategy for cooperation and development could be designed and implemented in the coming years.

• Description of Services

Notice of Compliance to Local Laws

In line with Expertise France commitment to upholding legal and regulatory compliance both in France and Kurdistan Region of Iraq and Federal Iraq, we kindly inform all contractor for this call for tender that eligibility to participate in this process is contingent upon full compliance with local legislation, civil laws, labour laws, taxation laws and all the directives issued by all relevant ministries and public authorities in Kurdistan Region of Iraq and Federal Iraq. Furthermore, we expect that the selected Human Resources and payroll outsourcing company, upon contract award, will exercise utmost diligence to maintain legal conformity throughout the contract's implementation. This includes adherence to all applicable laws, tax regulations, and declaration requirements, including but not limited to the requirements by the Ministry of Labor, Ministry of Finance, National Social Security Fund, Directorate of Income Tax and all the relevant public ministries and authorities. This also encompasses adherence to all pertinent laws and regulations governing the domain of the payroll, taxation, social security, employment and declarations, meticulous attention to tax regulations and filings, and the timely submission of all necessary declarations to both, national or regional authorities and Expertise France office.

The contractor is therefore required to maintain and perform the highest standards of transparency and accountability throughout the whole process of execution of the contract.

Types of services requested

1) Provide local contracts to Contractual Staff

• Provide Expertise France and staff with legal advice on employment contracts (length of probationary period, fixed-term or open-ended contracts, etc.);
• Contact staff to introduce the process and ask them for the necessary supporting documents for the establishment of the employment contract**
• Establish and sign employment contracts, in accordance with the local legislation in force, including the recruitment formalities towards the competent administrations.
• Ensure the registration of staff in social and tax welfare institutions, treatment and settlement of related costs;
• Ensure the provision of work permits/residency card to non-Iraqi employees, if applicable
• Fees of work permits/residency card to non-Iraqi employees will be reimbursed by the Expertise France
• 25% expat quota to be calculated based on EF staff and not outsourcing company staff including other clients
• Residency to be obtained as per the regulations of Iraq and KRI
• Children of Non-Iraqi employees must be added automatically to the parent (employee) residency card as per the law, unless requested otherwise by the employee and documented
• If registration of Non-Iraqi employees take longer than expected, outsourcing company should take care of the situation in terms of temporary contract and salary, until official contract is signed in the government
• Establish and manage personnel records and employment contracts, in liaison with the staff and Expertise France
• Develop and manage current work contracts (termination of contract, renewal, work certificate, etc.)

** contractor should note that while it might happen that Expertise France will request the contractor to recruit new candidates, the vast majority of the staff that must be recruited are already engaged in local employment contract with an existing payroll company. This fact requires a caution from the contractor to acknowledge the administrative work needed to perform a legal, compliant, smooth and uninterrupted transition while ensuring that all the obligations and declarations are made in conformance with local laws. This will also help the contractor to estimate and anticipate all the preparatory work needed to perform the task successfully.

Respect of confidentiality of GDPR regulations are also a must while ensuring transition from previous HR services company into the newly selected contractor.

2) Management of Employment Contracts

• Ensure preparation and payment of salaries in accordance with the agreed amounts
• Prepare payslips and transmit them to staff
• Provide Expertise France with monthly digital copies of payslips
• Provide evidence of payment of staff salaries and proof of payment of social and tax costs
• Register the risks incurred by an employee within the time limits prescribed by law for the institutions concerned
• At the request of the staff, transmit tax certificates issued by the tax office
• Manage paid leave and other absences (sickness, etc.) of staff and provide necessary related proofs if necessary
• Calculate 10 roll over leaves per year, up to 5 years, for each employee
• Ensure payment management of employees at the end of their contract
• Revise contracts and payslips documentation in case any tax or legal changes occurs.

Salaries and other legal / tax obligations will be paid in a timely manner avoiding delays and in accordance with local law. Any delay will result in penalties (see Article I.10.1 of the contract) in addition to those due under local law and under the sole financial responsibility of the contractor.

In addition, financial declarations due as per labour laws and other relevant applicable laws, including but not limited to Ministry of Finance declarations, National Social Security Funds, etc. shall be made in accordance with the official value of the Iraqi Dinars, or at the official rate published by the Central Bank of Iraq, with a mandatory prior approval from Expertise France management.

  Last, it is important to note that the employees that are to be recruited and therefore registered under the contractor are Iraqi nationals or individuals who have the legal right to work in Kurdistan Region of Iraq or in Federal Iraq.

3) Provide pre-litigation advice and assistance

The incumbent will provide legal advice and pre-litigation assistance in the context of its payroll / outsourcing mission:

• Advice on all matters relating to human resources and labour legislation of the country
• Manage possible tax or judicial problems
• Manage possible conflicts in case of dispute with the staff under contract.
• Harmonisation advice of the regulations between Iraq and KRI should be provided by the outsourcing company, and to be approved by the contracting party (example: End of service to be provided to both Iraq and KRI employees)

In addition, the contractor:

• Ensure the maintenance and reliability of the financial statements, which must reflect all the activities of the contract
• Facilitate any internal and external audit missions related to service delivery, and participate in the response to auditors' requests for clarification
• Provide at any time information relating to the financial commitment and the payment of expenses related to the contract, in accordance with procedures to be established.

NB: Benefits allocation, including the allowance, insurance, maternity, etc. and other ad hoc benefits imposed by further decrees issued by local authorities, ministries or council of minister shall be made in Iraqi Dinars or with the rate of the Central bank of Iraq or another approved platform by Expertise France.

As for the mode of payment, salaries must be paid in cash or via bank transfer, provided the employees do not bare any withdrawal fees. In case of urgencies or amendment, any change shall be communicated and validated by the management of Expertise France. Support should be given to any employee who needs to open a bank account for receiving the salaries.

Salaries are to be transferred in USD or IQD and Expertise France is to be invoiced for the services in USD or IQD depending on the regulations of the government at the time of contracting or during contracting. As long as the regulations allow it, the currency of the contract, as well as the currency of the salaries to be paid, will be in USD. Any changes should be requested via formal email by Expertise France’s management in Iraq. Any changes should be requested via formal email by Expertise France’s management in Iraq.

For comprehensive information regarding the required application documentation and the applicable submission process, please kindly refer to the link provided below: https://www.marches-publics.gouv.fr/?page=Entreprise.EntrepriseDetailConsultation&id=3036774&orgAcronyme=s2d

Tender's Files

 https://www.marches-publics.gouv.fr/?page=Entreprise.EntrepriseDetailConsultation&id=3036774&orgAcronyme=s2d