EDF — Support to the rule of law and access to justice for all

Country: Zimbabwe
Language: EN
Number: 5612407
Publication date: 21-11-2017
Source: TED
Deadline: 28 days
Tags: Research services Supervision of building work

Description

1.Publication reference:EuropeAid/139155/IH/SER/ZW.

2.Procedure:Restricted.

3.Programme title:Support to the rule of law and access to justice for all.

4.Financing:Financing agreement.

5.Contracting authority:The National Authorising Officer of Zimbabwe, Harare, ZIMBABWE.

6.Nature of contract:Fee-based.

7.Contract description:The purpose of the service contract is to provide technical assistance to the targeted state justice institutions in the implementation of the ‘Support to the rule of law and access to justice for all’ programme with a focus on the following key result areas:• capacities of the Ministry of Justice, Legal and Parliamentary Affairs" Policy and Legal Research Department are reinforced in policy, research and coordination of the justice sector,• strengthened institutional capacities particularly internal systems and human resource management for key justice institutions being the National Prosecuting Authority, Zimbabwe Prisons and Correctional Services and Zimbabwe Republic Police in line with the institutional strategic plans,• capacities of the Legal Aid Directorate are reinforced, and effective coordination and synergies with other legal aid providers is in place.

8.Numbers and titles of lots:1 lot only.

9.Maximum budget:3 000 000 EUR.

10.Scope for additional services:The contracting authority may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding up to the estimated amount of approximately 1 500 000 EUR. Any extension of the contract would be subject to satisfactory performance by the contractor.

11.Eligibility:Participation in tendering is open on equal terms to natural and legal persons (participating either individually or in a grouping — consortium — of tenderers) which are established in a Member State of the European Union, ACP States or in a country or territory authorised by the ACP–EC Partnership Agreement under which the contract is financed (see also item 29 below). Participation is also open to international organisations.

12.Candidature:All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the contracting authority.The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.

13.Number of applications:No more than 1 application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as a leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than 1 application, all applications in which that person has participated will be excluded.

14.Shortlist alliances prohibited:Any tenders received from tenderers comprising firms other than those mentioned in the shortlisted application forms will be excluded from this restricted tender procedure unless prior approval from the contracting authority has been obtained (see ‘Practical Guide’ — PRAG 2.4.3). Shortlisted candidates may not form alliances or subcontract to each other for the contract in question.

15.Grounds for exclusion:As 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 listed in Section 2.3.3 of the PRAG.

16.Subcontracting:Subcontracting is allowed.

17.Number of candidates to be shortlisted:On the basis of the applications received, between 4 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the contracting authority may invite the candidates who satisfy the criteria to submit a tender.

18.Provisional date of invitation to tender:November 2017.

19.Provisional commencement date of the contract:May 2018.

20.Initial period of implementation of tasks:42 months.

21.Selection criteria:The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are subcontractors:1) Economic and financial capacity of candidate (based on item 3 of the application form). In the case of the candidate being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last 3 years for which accounts have been closed:• the average annual turnover in the last 3 years for which accounts have been closed must be equal to or more than 1 000 000 EUR,• current ratio (current assets/current liabilities) in the last year for which accounts have been closed must be at least 1. In case of a consortium this criterion must be fulfilled by each member.2) Professional capacity of candidate (based on items 4 and 5 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:• at least 5 staff currently work for the candidate in fields related to this contract (i.e. strengthening of state justice institutions, criminal justice reforms, access to justice, fighting corruption in the justice sector, capacity building of justice sector actors).3) Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:I. the candidate has provided services under at least 2 contracts each with a budget of at least 3 000 000 EUR in fields related to this contract (i.e. strengthening of state justice institutions, criminal justice reforms, access to justice, fighting corruption in the justice sector, capacity building of justice sector actors), which were implemented at any moment during the reference period: September 2012–August 2017;II. the candidate has provided services under at least 2 contracts that included both the following components:a. capacity building of a government ministry and/or government agency in the justice sector; andb. coordination and/or supervision of a programme involving different stakeholders and different beneficiary institutions/agencies.• Candidates/tenderers are allowed to refer either to projects completed within the reference period (although started earlier) or to projects not yet completed. In the first case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, proof of final payment).• In the case of projects still ongoing only the portion satisfactorily completed during the reference period although started earlier will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value.• If a candidate/tenderer has implemented the project in a consortium, the percentage that the candidate/tenderer has successfully completed must be clear from the documentary evidence, together with a description of the nature of the services provided if the selection criteria relating to the pertinence of the experience have been used.Previous experience which caused breach of contract and termination by a contracting authority shall not be used as reference.An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality — and must fulfil the same relevant selection criteria as the economic operator. 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 works or services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the 8 best candidates. The only factors which will be taken into consideration during this re-examination are, in the following order of priority:1) the highest number of contracts under criterion 21.3)I;2) the highest number of contracts under criterion 21.3)II;3) the highest value of contracts under criterion 21.3)I.

22.Award criteria:Best price-quality ratio.

23.Deadline for receipt of applications:16.1.2018 (16:00), local time.Any application received by the contracting authority after this deadline will not be considered.

24.Application format and details to be provided:Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following Internet address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=BThe application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following Internet address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=AAny additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.

25.How applications may be submitted:Applications must be submitted in English exclusively to the contracting authority in a sealed envelope:• hand delivered (including courier services) directly to the contracting authority in return for a signed and dated receipt to:The National Authorising Office of Zimbabwe, Ministry of Finance and Economic Development, Office No B422, B Block 3rd Floor, New Government Complex, Cnr Samora Machel Avenue/Simon V. Muzenda Street, Harare, ZIMBABWE.Opening hours of the contracting authority:Monday to Friday:8:00–13:00;14:00–16:30.Closed on Saturday, Sunday and public holidays.In this case, the acknowledgment of receipt is proof of compliance with the time limit for receipt.The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the contracting authority.Applications submitted by any other means will not be considered.By submitting an application candidates agree to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the application.

26.Alteration or withdrawal of applications:Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with item 25. The outer envelope (and the relevant inner envelope if used) must be marked ‘Alteration’ or ‘Withdrawal’ as appropriate.

27.Operational language:All written communication for this tender procedure and contract must be in English.

28.Date of publication of prior information notice:8.8.2017.2017/S 150-309652.

29.Legal basis: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.

30.Additional information:Opening hours of the contracting authority:Monday to Friday:8:00–13:00;14:00–16:30.Closed on Saturday, Sunday and public holidays.Clarifications: DELEGATION-ZIMBABWE-NAO-TENDERS@eeas.europa.eu


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