Technical assistance for the second justice sector reform support programme ( 2eProgramme d"appui à la réforme de la justice - PARJ II) in the Democratic Republic of Congo (Демократическая республика Конго - Тендер #7542926)
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1.Publication referenceEuropeAid/140746/IH/SER/CD
2.ProcedureRestricted.
3.Programme titleSecond justice sector reform support programme (2e programme d"appui à la réforme de la justice - PARJ II)
5.Contracting authorityIndirect management:Democratic Republic of the Congo, Kinshasa, Congo.Details may be requested from the contracting authority at the following email address:
cofed@cofed.cd, no later than 21 days before the deadline for submission of tenders listed in section 23 below.Clarifications will be published on the website of DG International Cooperation and
Development at the latest five days before the submission deadline.
6.Nature of contractUnit price.
7Contract descriptionThe particular objective to be achieved within the framework of this contract covers the specific objective of the national justice reform policy (politique nationale de
réforme de la justice - PNRJ) related to improving the independence of the judiciary and the performance of the Ministry of Justice at national and provincial levels in order to contribute to
the implementation of the said national justice reform policy.It will provide support to the Ministry of Justice in order to improve its performance, implement prison reform, and ensure sectoral
coordination, to the judiciary, through support to the supreme judicial council, and to three courts of appeal.At the national level (Kinshasa) and within the framework of a provincial approach
(jurisdictions of three courts of appeal to be defined at the start of the programme), the technical assistance will be undertaken, inter alia, with the perspective of providing specific support
to the penal chain in each of the jurisdictions of the corresponding courts of appeal, and will support initiatives for sector reform at all levels.The programme provides for the implementation
of an architectural project in each of the four interventional areas (therefore four in all), either for the rehabilitation or for the new construction of judicial or penitentiary buildings. The
technical assistance will be responsible for the implementation of the architectural projects: preliminary studies and design of architectural projects, including the award of works contracts and
control thereof (1).The control and supervision of the works will be carried out by an architectural firm of architects, whose technical assistance will follow the contractual requirements.(1)
This means that, in accordance with the Congolese law, at least one member of the team must be registered with the national order of architects in the DRC in order to be able to endorse the
validation of projects, and to obtain permits, as well as the ten-year liability insurance.
8.Number and titles of lotsSingle lot.
9.Maximum budgetEUR 8 200 000.
10.Additional servicesThe contracting authority may, at its own discretion, extend service contract duration and/or contract scope subject to availability of funding up to an estimated amount of
approximately EUR 4 100 000. Any extension of the contract will be subject to satisfactory performance of the tasks by the contractor.
11.EligibilityParticipation in the contract is open on equal terms to natural persons and legal entities participating either individually or as part of a grouping — consortium — of tenderers
that are established in one of the Member States of the European Union, an ACP State or in a country or territory authorised by the ACP-EC Partnership Agreement, under which the programme is
financed (see also point 29 below). Participation is also open to international organisations.For UK candidates or tenderers: please be aware that, following the entry into force of the EU-UK
Withdrawal Agreement (*) on 1.2.2020, and in particular Articles 127( 6), 137 and 138, the references to natural or legal persons residing or established in a Member State of the European Union
and to goods originating from an eligible country, as defined under Regulation (EU) No 236/2014 (**) and Annex IV of the ACP-EU Partnership Agreement (***), are to be understood as including
natural or legal persons residing or established in and to goods originating from, the United Kingdom (****). These persons and goods are therefore eligible for this invitation to tender.*
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.** Regulation (EU) No 236/2014 of the
European Parliament and of the Council of 11.3.2014 establishing common rules and procedures for the implementation of the Union"s instruments for financing external action.*** Annex IV to the
ACP-EU Partnership Agreement, as revised by Decision 1/2014 of the ACP-EU Council of Ministers (OJ L196/40 of 3.7.2014).**** including overseas countries and territories maintaining special
relations with the United Kingdom, in accordance with Part Four and Annex II to the TFEU.
12.ApplicationAny eligible natural person or legal entity (as defined in point 11 above) or grouping of said parties (consortium) may apply.A consortium may be a permanent, legally-established
grouping or a grouping constituted informally for a specific tender procedure. All the members of a consortium (i.e. the lead company and all other members) will be jointly and severally liable
vis-à-vis the contracting authority.Should an ineligible natural person or legal entity (as defined in point 11) take part, the application concerned will be automatically rejected. If said
party belongs to a consortium, its disqualification will entail the disqualification of the consortium as a whole.
13.Number of applicationsNatural persons or legal entities may submit one application only, irrespective of whether they take part as a sole legal entity, or as a lead company or member of a
consortium submitting an application. Should a natural person or legal entity submit more than one application, all the applications involving the said party will be disqualified.
14.Prohibition on alliances between shortlisted tenderers.Tenders which include companies not mentioned on the application forms used to compile the shortlist will be disqualified from this
restricted procedure unless prior approval from the contracting authority has been obtained (see section 2.6.3 of the Practical Guide). Candidates invited to tender may not form alliances or
subcontract to each other for the contract in question.
15.Grounds for exclusionAs part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the
exclusion situations described in section 2.6.10.1 of the Practical Guide.Candidates included in the lists of EU restrictive measures (see Section 2.4. of the PRAG) at the moment of the award
decision cannot be awarded the contract.
16.Sub-contractingSubcontracting is allowed.
17.Number of candidates invited to tenderOn the basis of the applications received, at least 4 and at most 8 candidates will be invited to submit detailed tenders for this contract. Should the
number of eligible candidates meeting the selection criteria be less than the minimum of 4, the contracting authority may invite the candidates which satisfy the criteria to submit a
tender.
18.Scheduled date for dispatch of invitations to tender10.8.2020, provided that the sanitary conditions of the country permits it.
19.Commencement date of the contract5.1.2021.
20.Implementation period for the tasks50 months.
21.Selection criteriaThe following selection criteria will apply to candidates. Where applications are submitted by a consortium, the selection criteria will apply to the consortium as a whole,
unless specifically stipulated otherwise. The selection criteria will not apply to natural persons and single-member companies working as subcontractors.1) Candidate"s economic and financial
capacity (details to be given in section 3 of the application form). If the candidate is a public body, equivalent information must be provided. The reference period taken into account will
correspond to the last three financial periods for which accounts have been closed:1) The candidate"s average annual turnover must exceed the contract"s maximum annualised budget, i.e. EUR 2 000
000; and2) the general liquidity ratio (short-term assets/short-term liabilities) for the last financial year for which accounts have been closed must be at least 1. In the case of a consortium,
this criterion must be met by each of its members.2) Candidate"s professional capacity (details to be given in sections 4 and 5 of the application form). The reference period will cover the three
financial years prior to the submission deadline:— is in possession of a professional certificate related to this contract, such as for the implementation of institutional development and
technical cooperation projects; and— at least four of the candidate"s staff must currently be working in fields related to this contract.3) Candidate"s technical capacity (details to be given
in sections 5 and 6 of the application form). The reference period will cover the three financial years prior to the submission deadline.Criteria for legal entities and natural persons:1) the
candidate has obtained satisfactory results, during the last three years (June 2017 - June 2020), for at least one contract with a budget at least equivalent to the amount of this contract;2) the
candidate has obtained satisfactory results (certificate of good performance for the contract or closing letter mentioning good performance) for at least one contract in the political and
security governance sector within the three years prior to the date of submission of tenders (indicative period: June 2017 - June 2020);3) the candidate must attest to successful experiences,
during the last three years (June 2017 - June 2020), relating to at least two public infrastructure contracts, for which it was responsible for the design and/or the implementation and control,
within the framework of development programmes.This means that the service contract the candidate refers to could have been started or completed at any time during the given period. However, it
need not necessarily have been completed during this period, or have been performed during the whole of said period. Candidates may refer to either a service contract completed during the
reference period (although started before this period), or part of a contract that has not yet been fully performed. In the first case, the service contract will be considered in its entirety,
subject to proof that it was performed satisfactorily (declaration from the relevant contracting authority, proof of final payment). In the second scenario, only the part of the contract properly
undertaken during the reference period (even if it was started before) will be taken into consideration, to the extent that documentary proof of the satisfactory performance of the same are
submitted (the same as for completed service contracts).These documents must enable the determination of the value of the portion of the contract referred to. If the service contract referred to
was implemented by a consortium, in the event that a selection criterion relating to the relevance of the experience is used, the supporting documents must clearly show the proportion completed
by the candidate, as well as a description of the nature of the services provided. Documentary evidence is not required at the application stage, but will be requested with the invitation to
tender.Any previous experience involving a breach of contract and termination by a contracting authority cannot be used as a reference.An economic operator may, if it considers appropriate and
for a specific contract, make use of the capacities of other entities irrespective of the legal nature of the connection between itself and said entities. If the tenderer relies on the capacities
of other entities, it must in this case provide the contracting authority with proof that it will have the resources needed to perform the contract by producing a written commitment undertaken by
said entities to place such resources at its disposal.Such entities, e.g. the economic operator"s parent company, must observe the same eligibility rules — notably regarding nationality — and
must satisfy the same selection criteria as those that the economic operator has met to prove its own capacities. Furthermore, the information relating to this third party entity/these third
party entities for the relevant selection criteria must be included in a separate document. Proof of the capacity of this entity must also be furnished when requested by the contracting
authority.With regard to technical and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the services for which these
capacities are required.With regard to the economic and financial criteria, the entities whose capacities the tenderer uses will become jointly and severally liable for the performance of the
contract.If more than eight eligible candidates fulfil the selection criteria listed above, their strengths and weaknesses will be reexamined in order to rank their applications, and identify
the eight best candidates in accordance with point 17 of this contract notice. The only additional comparative criteria which will be considered in this re-examination are, in the successive
and exclusive order set out below, as follows:1) proof of two experiences solely in the field of support for the functioning of justice or justice reform in sub-Saharan Africa;2) proof of two
experiences in the Democratic Republic of Congo in all fields of good governance;3) having provided at least three services (short or long term) in the field of support for justice in the
DRC.
22.Award criteriaThe best price-quality ratio.
23.Final date for submission of applicationsThe candidate’s attention is drawn to the fact that there are two different systems for sending the application: by post or by courier service, or
delivered by hand.In the 1st case, the application must be sent before the deadline for submission, the postmark or deposit receipt being proof (2), and in the 2nd case, the acknowledgement of
receipt given at the time of delivery of the application will serve as proof.At 16:00 precisely, local time in Kinshasa, on 20.7.2020.Applications submitted to the contracting authority after the
deadline will not be considered.The contracting authority may, for reasons of administrative efficiency, reject any application submitted on time to the postal service but received, for reasons
beyond its control, after the effective date of approval of the pre-selection report, if the fact of accepting applications submitted in time but arriving late may excessively delay the
evaluation process, or call into question decisions already taken and communicated.(2) The use of registered mail is recommended in case the postmark is not readable.
24.Format of the application and details to be providedThe standard application form must be used for applications. The instructions and format of this form must be strictly adhered to. The
application form can be found at the following web address: http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=BThe application must be accompanied by a sworn declaration of honour on
exclusion and selection criteria using the template available from the following web address: http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=AAny additional documentation
(brochure, letter, etc.) sent with the application will not be taken into consideration.
25.Application submission proceduresApplications must be submitted in French only and sent to the contracting authority:— either by post or by courier service, in which case the evidence will
be constituted by the postmark or the date of the deposit slip, to the following address:À l’attention de l’Ordonnateur national du FED, représenté par l’Ordonnateur national délégué
du FED, sis Hôtel des Impôts (Direction générale des impôts), croisement des avenues des Marais et province orientale, commune de la Gombe, Kinshasa, DEMOCRATIC REPUBLIC OF CONGO, tel: +243
815553644 — fax: +243 815553649 – email: cofed@cofed.cd— or hand delivered by the candidate in person or by its agent directly to the premises of the Contracting Authority in return for a
signed and dated receipt, in which case the evidence will be constituted by this acknowledgement of receipt, to:À l’attention de l’Ordonnateur national du FED, représenté par
l’Ordonnateur national délégué du FED, tel: +243 815553644, sis Hôtel des Impôts (Direction générale des impôts), croisement des avenues des Marais et province orientale, commune de la
Gombe, Kinshasa, DEMOCRATIC REPUBLIC OF THE CONGO, fax: +243 815553649 – email: cofed@cofed.cd— and for electronic versions at the following address: cofed@cofed.cd, with the title including
the same information as for the envelope.The contract title and the contract notice number (see point 1 above) must be clearly marked on the envelope containing the application, and must be
quoted in all subsequent correspondence with the contracting authority.Applications submitted in any other way will not be considered.When submitting their proposals, candidates agree to receive
notification of the result of the procedure by electronic means. The notification will be deemed to have been received on the day the contracting authority sends it to the email address stated in
the application.
26.Alteration or withdrawal of applicationsCandidates may amend or withdraw their application by giving written notification before the deadline for submission of applications. Applications
cannot be amended once this deadline has passed.Notice of amendment or withdrawal must be submitted and sent as per the instructions given in point 25. The word "Modification" (amendment) or
"Retrait" (withdrawal), as applicable, must be written on the outside envelope (and on the inner envelope, where applicable).
27.Working languageAll correspondence concerning this invitation to tender procedure and contract must be in French.
28.Date of publication of prior information notice9.3.2020.
29.Legal basis (3)Annex IV to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member
States, of the other part, signed in Cotonou on 23.6.2000 as amended in Luxembourg on 25.6.2005 and in Ouagadougou on 22.6.2010. Reference is made to Annex IV as revised by Decision No 1/2014 of
the ACP-EU Council of Ministers of 20.6.2014.(3) Please indicate any specification that may have an impact on the rules of participation (e. g. geographical specificity, short-term or long-term
thematic specificity).
30.Additional informationFinancial data to be provided by the candidate in the standard application form must be expressed in EUR. If applicable, where a candidate refers to amounts originally
expressed in another currency, the conversion into EUR will be made in accordance to the InforEuro exchange rate of April 2020, available at the following address:
http://ec.europa.eu/budget/graphs/inforeuro.html
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