Technical assistance for the justice support project (PAJ) in Benin

Country: Benin
Language: EN FR
Number: 64174
Publication date: 14-02-2017
Source: TED
Descripition in original language

Description

1.Publication reference:EuropeAid/138580/IH/SER/BJ.

2.Procedure:Restricted.

3.Programme title:Justice support project (Projet d"appui à la justice – PAJ).

4.Financing:Financing agreement for the justice support project CRIS 24233.

5.Contracting authority:Republic of Benin, represented by the Ministry of Economy and Finance, EDF National Authorising Officer, Cotonou, BENIN.

6.Nature of the contract:Unit price.

7.Contract description:The aim of this contract is to recruit a technical assistance team under the PAJ. It will support the Ministry of Justice and Legislation/Supreme Council of Magistrates joint technical committee in planning and mobilising resources for the implementation of activities linked to the national programme to develop the justice sector. It will also provide support in setting up bodies to monitor judicial services, improving the population"s access to high-quality justice, as well as rehabilitating and improving living conditions in penal institutions.In compliance with the PAJ, the technical assistance team will ensure that the following results are obtained:• management capacities and organisation of the Ministry of Justice and Legislation"s central administration are improved,• those awaiting trial have access to high-quality justice through improved court services,• prison services in penal institutions are improved.Particular emphasis will be placed on supporting the institutions involved in combating impunity and corruption.

8.Numbers and titles of lots:1 lot.

9.Maximum budget:2 600 000 EUR.

10.Scope for additional services:The contracting authority may, at its own discretion, extend the project duration and/or contract scope, subject to the availability of funding, provided that the duration and the value of the initial contract are not exceeded. Any extension of the contract would be subject to satisfactory performance of the tasks by the contractor.

11.Eligibility:Participation 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 which are established in 1 of the Member States of the European Union, ACP States 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.

12.Candidature:Any 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) shall 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 disqualified. If said party belongs to a consortium, its disqualification will entail the disqualification of the consortium as a whole.

13.Number of applications:Natural persons or legal entities may submit 1 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 1 application, all the applications involving said party will be rejected.

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 point 2.4.3 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 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 described in point 2.3.3 of the Practical Guide.

16.Subcontracting:Subcontracting is permitted.

17.Number of candidates invited to tender:On the basis of the applications received, at least 4 and at most 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.Scheduled date for dispatch of invitations to tender:April 2017.

19.Commencement date of the contract:September 2017.

20.Implementation period for the tasks:36 months.

21.Selection criteria:The 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 shall 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 consideration will correspond to the last 3 financial years for which accounts have been closed (2013, 2014 and 2015):• individual candidates (or, in the case of a consortium, the leader) must have an annual turnover for each of the last 3 financial years for which accounts have been closed in excess of 1 000 000 EUR,• 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 member thereof.2) Candidate"s professional capacity (details to be given in sections 4 and 5 of the application form). The reference period will correspond to the 3 financial years prior to the submission deadline, i.e. 2014, 2015 and 2016.Criteria for legal entities and natural persons:at least 5 of the candidate"s employees must be currently working or have worked during the last 3 years in the following specialist fields related to this contract:• field 1: institutional support and capacity building for those involved in the justice sector,• field 2: support for judicial service inspection and the Court of Auditors (once established),• field 3: legislative drafting support,• field 4: combating corruption,• field 5: support for managing and monitoring calls for proposals.3) Candidate"s technical capacity (details to be given in sections 5 and 6 of the application form). The reference period corresponds to the 3 financial years prior to the submission deadline:the tenderer must have provided services under at least 3 contracts with a budget of at least 2 600 000 EUR. Said contracts must have been in the fields referred to in point 2 (professional capacity) and carried out at any moment during the reference period: January 2014–December 2016. This means that the projects the candidate refers to could have been started or completed at any time during the period given. However, they need not necessarily have been completed during this period, or have been carried out during the whole of the reference period. Candidates or tenderers may refer to either a project completed during the reference period (although started before this period) or to a part of a contract that has not yet been fully carried out. In the first scenario, the project will be considered as a whole, subject to proof of satisfactory performance (statement from the entity that awarded the contract, proof of final payment, etc.); in the case of ongoing projects, only the part which has been successfully carried out by the candidate may be used as a reference. The candidate must be able to provide documentary proof of satisfactory performance of this part (declaration from the entity which awarded the contract, proof of final payment, etc.) and the corresponding amount. If the project referred to has been 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 services provided. Previous experience involving a breach of contract and termination by a contracting authority cannot be used as a reference.An economic operator may, if necessary 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. In such an event, it must provide the contracting authority with proof that it will have the resources needed to carry out the contract by, for example, producing a written commitment undertaken by said entities to make such resources available. Such entities, for instance the economic operator"s parent company, must observe the same eligibility rules — notably regarding nationality — and meet the same selection criteria as the economic operator. With regard to the technical and professional criteria, an economic operator may only use the capacities of other entities if they carry out the work or provide the services for which said capacities are required. With regard to the economic and financial capacity, the entities whose capacities the tenderer uses become jointly and severally liable for contract performance.If more than 8 applications prove to be eligible, i.e. meet all the selection criteria, then the strengths and weaknesses of these candidates" applications will need to be re-examined to determine which 8 applications for the invitation to tender are the most suitable. Only the following factors will be considered in the re-examination:1) the highest number of projects complying with criterion 3 "Candidate"s technical capacity" and related to combating corruption and inspecting judicial services;2) the most professional experience complying with criterion 3 "Candidate"s technical capacity" and gained in sub-Saharan Africa.

22.Award criterion:Best quality/price ratio.

23.Final date for receipt of applications:16.3.2017 (17:00), local time in Benin.Any application received after this deadline will not be considered.

24.Applications format and details to be provided:The standard application form must be used for applications. The instructions and format of this form must be strictly adhered to. This application form is available from the following web address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=BThe application must be accompanied by a solemn declaration, concerning the exclusion and selection criteria, using the template available from the following web address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=AAdditional documentation (brochure, letter, etc.) enclosed with the application will not be considered.

25.How applications may be submitted:Applications must be drawn up in French and sent solely to the contracting authority:• either by registered post (official postal service), to the following address:M. Septime Ulrich C. Azonnoudo, cellule d"appui à l"ordonnateur national du FED, ministre de l"économie et des finances, route de l"Aéroport, BP302, Cotonou, BENIN.In this case, the delivery register will attest to compliance with the final date for receipt of tenders,• or by bearer (including express courier services), delivered straight to the contracting authority, in return for a signed and dated acknowledgement of receipt, at the following address:M. Septime Ulrich C. Azonnoudo, cellule d"appui à l"ordonnateur national du FED, ministre de l"économie et des finances, route de l"Aéroport, BP302, Cotonou, BENIN. Tel. (00 229) 21 30 23 13 / 21 30 58 24.In this case, the acknowledgement of receipt will attest to compliance with the final date for receipt of tenders.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.In submitting an application, candidates accept to be kept informed of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the day it is sent, by the contracting authority, to the e-mail address given in the application.

26.Amendments to or withdrawal of tenders:Tenderers may amend or withdraw their tender by giving notice thereof in writing before the final date for submission of tenders. Tenders cannot be amended once this deadline has passed.Notice of amendment or withdrawal must be drawn up 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 language:All correspondence concerning this invitation to tender procedure and contract must be in French.

28.Date of publication of the prior information notice:Reference: EuropeAid/138580/IH/SER/BJ.Published on: 17.12.2016.

29.Legal basis:EDF: Annex IV to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, 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:Not applicable.


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