The Secretariat of the African, Caribbean and Pacific Group of States



B-Brussels: EDF — technical assistance for coordination of the private sector enabling environment facility — PSEEF

2009/S 216-310302

Location — all ACP countries

Service procurement notice

1.      Publication reference:

EuropeAid/128938/D/SER/Multi.

2.      Procedure:

Restricted.

3.      Programme:

EDF.

4.      Financing:

Financing agreement.

5.      Contracting authority:

The General Secretariat of the ACP Group is the contracting authority for the project. The Secretary General of the ACP Group is the Regional Authorising Officer.

Contract specification


6.      Nature of contract:

Fee-based.

7.      Contract description:

The contract foresees the establishment and the follow up of a PMU in charge of the private sector enabling environment facility. The PMU will answer requests for TA from ACP institutions in the field of private sector development. The focus of the programme will be the creation/reinforcement of an environment fostering the development of private organisations (adaptation of the national and regional regulations, promotion of fair competition, stabilisation of policy environments, etc.).

8.      Numbers and titles of lots:

No lots.

 

9.      Maximum budget:

1 700 000 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 a maximum not exceeding the length and value of the initial contract. Any extension of the contract would be subject to satisfactory performance by the contractor.

Conditions of participation

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) from ACP States and Member States of the European Union and international organisations as authorised by the instrument applicable to the programme under which the contract is financed (see also item 30 below).

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 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. 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 'Practical Guide to contract procedures for EC external actions'.

16.    Subcontracting:

         Subcontracting will not be allowed.
 
17.    Number of candidates to be shortlisted:

On the basis of the applications received, 4–8 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.

Provisional timetable

18.    Provisional date of invitation to tender:

End January 2009.

19.    Provisional commencement date of the contract:

July 2010.

20.    Initial period of implementation of tasks and possible extension of the contract:

30 months with the possibility of extending the contract duration and/or scope subject to the availability of funding, up to a maximum not exceeding the length and value of the initial contract. Any extension of the contract would be subject to satisfactory performance by the contractor.

Selection and award criteria
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:

1)   Economic and financial capacity of candidate (based on item 3 of the application form). In the case of the applicant being a public body, equivalent information should be provided:

a.   the average annual turnover of the candidate must exceed 600 000 EUR; and

b.   the averages of cash and cash equivalents at the beginning and end of the last 2 years were positive.

2)   Professional capacity of candidate (based on items 4 and 5 of the application form):

      a.   at least 10 staff currently work for the applicant in fields related to this contract;
      and

b.   at least 5 of the candidate's staff members working this year in fields related to this contract are permanent.

         3)   Technical capacity of candidate (based on items 5 and 6 of the application form):

               a.   the candidate has completed at least 1 project with a budget of at least 1 000 000 EUR in fields related to this contract in the past 3 years globally;

               b.   the project value presented in the reference must be that of the candidates' contract for the fields related to the present contract only. In the case of a joint venture, the value of the candidate's contribution to the project must have been at least that indicated above;

               c.   the projects must have been completed in full in the period between 1.11.2006 and 30.10.2009, i.e. the project may have commenced before this period but must have been finally completed in the period indicated above.

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 an undertaking 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 and notably that of nationality, as the economic operator.

                     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 applications for the tender procedure. The only factors which will be taken into consideration during this re-examination are:

  • comparative criterion “3(a) Technical capacity of candidate”,

 

  • experience of the candidate in providing long-term expertise to projects funded by EDF.

22.    Award criteria:

Best value for money.

 

Application

23.    Deadline for receipt of applications:

4.12.2009 (16:00), Central European Time.

Any application received after this deadline will not be considered.

24.    Application format and details to be provided:
Applications must be submitted using the standard application form (available from the following Internet address: http://ec.europa.eu/europeaid/work/procedures/implementation/services/index_en.htm), whose format and instructions must be strictly observed.
Any 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:

  • either by recorded delivery (official postal service) to:

 

Secretariat of the ACP Group of States,
Department of Sustainable Economic Development and Trade,
avenue Georges Henri 451, 1200Brussels, BELGIUM,

  • or hand-delivered (including courier services) directly to the contracting authority in return for a signed and dated receipt to:

Secretariat of the ACP Group of States,
Department of Sustainable Economic Development and Trade,
avenue Georges Henri 451, 1200 Brussels, BELGIUM.

The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must be mentioned in all subsequent correspondence with the contracting authority.

Applications submitted by any other means will not be considered.

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 communications for this tender procedure and contract must be in English.

28.    Additional information:

The conclusion of the contract is subject to the signature of a Financing Agreement between the ACP Secretariat and the European Commission.

29.    Date of publication of contract forecast:

12.8.2009.

30.    Legal basis:

ACP–EC Partnership Agreement signed at Cotonou on 23.6.2000 as amended on 25.6.2005 and in 2008 (Annex IV).

 


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