moj.gov.somoj.gov.so/.../2019/01/RFP-Benadir-legal-Aid-provisitionsv… · Web viewpoint by...

Edited by C. Fletcher (Aug 10, 2011) – For submission to HOPs (July 28, 2011)

Standard Request for Proposals

Selection of Consultants

i

Standard Request for Proposals

REQUEST FOR PROPOSALS

RFP No.: SO/WC/WG/QKLSH -2019-001

Selection of NGOs/CSOs to implement Legal Aid Services in Benadir Region

Ministry of Justice, Federal Government of Somalia

The Joint Justice Programme

Issued on: January 5th, 2019

ii

Section 1. Letter of InvitationImplementation of legal Aid services in Beneadir Region

RFP No. SO/WC/WG/AKLSH -2019-001

Dear Mr. /Ms.: Bidder

The Ministry of Justice (MOJ) of Federal Government of Somalia hereby invites you to submit a proposal to this Request for Proposal (RFP) for the above-referenced subject.

A firm will be selected under quality based selection procedures and in a Full Technical Proposal (FTP) as described in this RFP, in accordance with the policies of the World Bank detailed in the Consultants’ Guidelines which can be found at the following website: www.worldbank.org/procure .

1. The RFP includes the following documents: -

Section 1 – This Letter of Invitation Section 2 - Instructions to Consultants (ITC) (including Data Sheet)Section 3 - Terms of ReferenceSection 4- Proposal Submission FormSection 5- Documents Establishing the Eligibility and

Qualifications of the BidderSection 6- Full Technical Proposal (FTP) - Bid FormSection 7 - Financial Proposal - Standard Forms

2. Details on the proposal’s submission date, time and address are provided in Clauses 20.1 and 20.3 of the ITC.

Your offer comprising of all required documents should be submitted in accordance with the instructions of the bidding documents.

Yours sincerely,

Mohamed Abbi Hassan,Director GeneralMinistry of Justice, FGS

1 | P a g e

http://www.worldbank.org/en/projects-operations/products-and-services/procurement-projects-programs

Section 2. Instructions to Consultants (ITC) and Data Sheet (DS)

Definitions

a) “Contract” refers to the agreement that will be signed by and between the MOJ and the successful proposer, all the attached documents thereto, including the General Terms and Conditions (GTC) and the Appendices.

b) “Country” refers to the country indicated in the Data Sheet.

c) “Data Sheet” refers to such part of the Instructions to Proposers used to reflect conditions of the tendering process that are specific for the requirements of the RFP.

d) “Day” refers to calendar day.

e) “Government” refers to the Government of the country that will be receiving the services provided/rendered specified under the Contract.

f) “Instructions to Proposers” (Section 2 of the RFP) refers to the complete set of documents that provides Proposers with all information needed and procedures to be followed in the course of preparing their Proposals

g) “NOI” (Section 1 of the RFP) refers to the Notice of Invitation sent by MOJ to Proposers.

h) “Material Deviation” refers to any contents or characteristics of the proposal that is significantly different from an essential aspect or requirement of the RFP, and: (i) substantially alters the scope and quality of the requirements; (ii) limits the rights of MOJ and/or the obligations of the offeror; and (iii) adversely impacts the fairness and principles of the procurement process, such as those that compromise the competitive position of other offerors.

i) “Proposal” refers to the Proposer’s response to the Request for Proposal, including the Proposal Submission Form, Technical and Financial Proposal and all other documentation attached thereto as required by the RFP.

j) “Proposer” refers to any legal entity that may submit, or has submitted, a Proposal for the provision of services requested by MOJ through this RFP.

3 | P a g e

k) “RFP” refers to the Request for Proposals consisting of instructions and references prepared by MOJ for purposes of selecting the best service provider to perform the services described in the Terms of Reference.

l) “Services” refers to the entire scope of tasks and deliverables requested by MOJ under the RFP.

m) “Supplemental Information to the RFP” refers to a written communication issued by MOJ to prospective Proposers containing clarifications, responses to queries received from prospective Proposers, or changes to be made in the RFP, at any time after the release of the RFP but before the deadline for the submission of Proposals.

n) “Terms of Reference” (TOR) refers to the document included in this RFP as Section 3 which describes the objectives, scope of services, activities, tasks to be performed, respective responsibilities of the proposer, expected results and deliverables and other data pertinent to the performance of the range of duties and services expected of the successful proposer.

A. GENERAL

1. The MOJ hereby solicits Proposals in response to this Request for Proposal (RFP). Proposers must strictly adhere to all the requirements of this RFP. No changes, substitutions or other alterations to the rules and provisions stipulated in this RFP may be made or assumed unless it is instructed or approved in writing by MOJ in the form of Supplemental Information to the RFP.

2. Submission of a Proposal shall be deemed as an acknowledgement by the Proposer that all obligations stipulated by this RFP will be met and, unless specified otherwise, the Proposer has read, understood and agreed to all the instructions in this RFP.

3. Any Proposal submitted will be regarded as an offer by the Proposer and does not constitute or imply the acceptance of any Proposal by MOJ. MOJ is under no obligation to award a contract to any Proposer as a result of this RFP.

4. In responding to this RFP, MOJ requires all Proposers to conduct themselves in a professional, objective and impartial manner, and they must at all times hold MOJ’s interest paramount. Proposers must strictly avoid conflicts with other assignments or their own interests, and act without consideration for future work. All Proposers found to have a conflict of interest shall be

4 | P a g e

disqualified. Without limitation on the generality of the above, Proposers, and any of their affiliates, shall be considered to have a conflict of interest with one or more parties in this solicitation process, if they:

4.1 Are or have been associated in the past, with a firm or any of its affiliates which have been engaged MOJ to provide services for the preparation of the design, specifications, Terms of Reference, cost analysis/estimation, and other documents to be used for the procurement of the goods and services in this selection process; 4.2 Were involved in the preparation and/or design of the programme/project related to the services requested under this RFP; or4.3 Are found to be in conflict for any other reason, as may be established by, or at the discretion of, MOJ.

In the event of any uncertainty in the interpretation of what is potentially a conflict of interest, proposers must disclose the condition to MOJ and seek MOJ’s confirmation on whether or not such conflict exists.

5. Similarly, the Proposers must disclose in their proposal their knowledge of the following:

5.1 That they are owners, part-owners, officers, directors, controlling shareholders, or they have key personnel who are family of MOJ staff involved in the procurement functions. 5.2 All other circumstances that could potentially lead to actual or perceived conflict of interest, collusion or unfair competition practices.

Failure of such disclosure may result in the rejection of the proposal or proposals affected by the non-disclosure.

6. The eligibility of Proposers that are wholly or partly owned by the Government shall be subject to MOJ’s further evaluation and review of various factors such as being registered as an independent entity, the extent of Government ownership/share, receipt of subsidies, mandate, access to information in relation to this RFP, and others that may lead to undue advantage against other Proposers, and the eventual rejection of the Proposal.

B. CONTENTS OF PROPOSAL

5

IV. Appendices Lump-Sum

7. Sections of Proposal

Proposers are required to complete, sign and submit the following documents:

7.1 Proposal Submission Cover Letter Form (see RFP Section 4); 7.2 Documents Establishing the Eligibility and Qualifications of the Proposer (see RFP Section 5);7.3 Technical Proposal (see prescribed form in RFP Section 6);7.4 Financial Proposal (see prescribed form in RFP Section 7)

8. Clarification of Proposal

8.1 Proposers may request clarifications of any of the RFP documents no later than the date indicated in the Data Sheet (DS no. 13) prior to the proposal submission date. Any request for clarification must be sent in writing through electronic means to the MOJ address indicated in the Data Sheet (DS no. 13). MOJ will respond in writing.

8.2 MOJ shall endeavor to provide such responses to clarifications in an expeditious manner, but any delay in such response shall not cause an obligation on the part of MOJ to extend the submission date of the Proposals, unless MOJ deems that such an extension is justified and necessary.

9. Amendment of Proposals

9.1 At any time prior to the deadline of Proposal submission, MOJ may for any reason, such as in response to a clarification requested by a Proposer, modify the RFP in the form of an addendum Information to the RFP that will be advertised in widely used media outlets and specifically in the MOJ website and made available to all Proposers.

9.2 In order to afford prospective Proposers reasonable time to consider the amendments in preparing their Proposals, MOJ may, at its discretion, extend the deadline for submission of Proposals, if the nature of the amendment to the RFP justifies such an extension.

6

C. PREPARATION OF PROPOSALS

10. Cost

The Proposer shall bear any and all costs related to the preparation and/or submission of the Proposal, regardless of whether its Proposal was selected or not. MOJ shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the procurement process.

11. Language

The Proposal, as well as any and all related correspondence exchanged by the Proposer and MOJ, shall be written in the language (s) specified in the Data Sheet (DS No 4).

D. PROPOSAL SUBMISSION FORM

The Proposer shall submit the Proposal Submission Form using the form provided in Section 4 of this RFP.

Technical Proposal Format and Content

Unless otherwise stated in the Data Sheet (DS no. 28), the Proposer shall structure the Technical Proposal as follows:

12.1 Expertise of Firm/Organization – this section should provide details regarding management structure of the organization, organizational capability/resources, and experience of organization/firm, the list of projects/contracts (both completed and on-going, both domestic and international) which are related or similar in nature to the requirements of the RFP, and proof of financial stability and adequacy of resources to complete the services required by the RFP (see RFP. The same shall apply to any other entity participating in the RFP as a Joint Venture or Consortium.

12.2 Proposed Methodology, Approach and Implementation Plan – this section should demonstrate the Proposer’s response to the Terms of Reference by identifying the specific components proposed, how the requirements shall be addressed, as specified, point by point; providing a detailed description of the essential performance characteristics proposed; identifying the works/portions of the work that will be subcontracted; and demonstrating how the proposed methodology meets or exceeds the

7


specifications, while ensuring appropriateness of the approach to the local conditions and the rest of the project operating environment. This methodology must be laid out in an implementation timetable that is within the duration of the contract as specified in the Data Sheet (DS nos. 22 and 23).

Proposers must be fully aware that the services MOJ requires may be transferred, immediately or eventually, by MOJ to the Government partners, or to an entity nominated by the latter, in accordance with MOJ’s policies and procedures. All proposers are therefore required to submit the following in their proposals:

Confirmation that the Proposer has obtained license of this nature in the past, and have an expectation of obtaining all the necessary licenses, should their Proposal be rendered the most responsive.

12.3 Management Structure and Key Personnel – This section should include the comprehensive curriculum vitae (CVs) of key personnel that will be assigned to support the implementation of the proposed methodology, clearly defining the roles and responsibilities with regard to the proposed methodology. CVs should establish competence and demonstrate qualifications in areas relevant to the TOR.

In complying with this section, the Proposer assures and confirms to MOJ that the personnel being nominated are available for the Contract on the dates proposed. If any of the key personnel later becomes unavailable, except for unavoidable reasons such as death or medical incapacity, among other possibilities, MOJ reserves the right to consider the proposal non-responsive. Any deliberate substitution arising from unavoidable reasons, including delay in the implementation of the project of programme through no fault of the Proposer shall be made only with MOJ’s acceptance of the justification for substitution, and MOJ’s approval of the qualification of the replacement who shall be either of equal or superior credentials as the one being replaced.

13. Financial Proposals

The Financial Proposal shall be prepared using the attached standard form (Section 7). It shall list all major cost components associated with the services, and the detailed breakdown of such costs. All outputs and activities described in the Technical Proposal must be priced separately on a one-to-one correspondence. Any output and activities described in the Technical Proposal but not

8

priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, as well as in the final total price.

14. Currencies

All prices shall be quoted in United States Dollar (USD)

15. Documents Establishing the Eligibility and Qualifications of the Proposer

The Proposer shall furnish documentary evidence of its status as an eligible and qualified vendor, using the forms provided under Section 5, Proposer Information Forms. In order to award a contract to a Proposer, its qualifications must be documented to MOF’s satisfaction. These include, but are not limited to, the following:

a) That the Proposer has the financial, technical capability necessary to perform the Contract; and

b) That, to the best of the Proposer’s knowledge, it is not included in the UN 1267/1989 List or the UN Ineligibility List.

Proposals submitted by two (2) or more Proposers shall all be rejected if they are found to have any of the following:

a) they have at least one controlling partner, director or shareholder in common; or

b) any one of them receive or have received any direct or indirect subsidy from the other/s; or

c) they have the same legal representative for purposes of this RFP; or

d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about, or influence on the Proposal of, another Proposer regarding this RFP process;

e) they are subcontractors to each other’s Proposal, or a subcontractor to one Proposal also submits another Proposal under its name as lead Proposer; orAn expert proposed to be in the team of one Proposer participates in more than one Proposal received for this RFP process. This condition does not apply to subcontractors being included in more than one Proposal.

16. Joint Venture, Consortium or Association

9


If the Proposer is a group of legal but not more than three (3) entities that will form or have formed a joint venture, consortium or association at the time of the submission of the Proposal, they shall confirm in their Proposal that : (i) they have designated one party to act as a lead entity, duly vested with authority to legally bind the members of the joint venture jointly and severally, and this shall be duly evidenced by a duly notarized Agreement among the legal entities, which shall be submitted along with the Proposal; and (ii) if they are awarded the contract, the contract shall be entered into, by and between MOF and the designated lead entity, who shall be acting for and on behalf of all the member entities comprising the joint venture.

After the Proposal has been submitted to MOJ, the lead entity identified to represent the joint venture shall not be altered without the prior written consent of MOJ. Furthermore, neither the lead entity nor the member entities of the joint venture can:

a) Submit another proposal, either in its own capacity; nor b) As a lead entity or a member entity for another joint venture

submitting another Proposal.

The description of the organization of the joint venture/consortium/association must clearly define the expected role of each of the entity in the joint venture in delivering the requirements of the RFP, both in the Proposal and the Joint Venture Agreement. All entities that comprise the joint venture shall be subject to the eligibility and qualification assessment by MOJ.

Where a joint venture is presenting its track record and experience in a similar undertaking as those required in the RFP, it should present such information in the following manner:

a) Those that were undertaken together by the joint venture; and

b) Those that were undertaken by the individual entities of the joint venture expected to be involved in the performance of the services defined in the RFP.

Previous contracts completed by individual experts working privately but who are permanently or were temporarily associated with any of the member firms cannot be claimed as the experience of the joint venture or those of its members, but should only be claimed by the individual experts themselves in their presentation of their individual credentials.

10

If a joint venture’s Proposal is determined by MOJ as the most responsive Proposal that offers the best value for money, MOJ shall award the contract to the joint venture, in the name of its designated lead entity. The lead entity shall sign the contract for and on behalf of all other member entities.

17. Alternative Proposals

Unless otherwise specified in the Data Sheet (DS nos. 5 and 6), alternative proposals shall not be considered.

18. Validity Period

Proposals shall remain valid for the period specified in the Data Sheet (DS no. 8), commencing on the submission deadline date also indicated in the Data Sheet (DS no. 17). A Proposal valid for a shorter period shall be immediately rejected by MOJ and rendered non-responsive.

In exceptional circumstances, prior to the expiration of the proposal validity period, MOF may request Proposers to extend the period of validity of their Proposals. The request and the responses shall be made in writing, and shall be considered integral to the Proposal.

19. Proposer’s Conference

When appropriate, a proposer’s conference will be conducted at the date, time and location specified in the Data Sheet (DS no. 7). All Proposers are encouraged to attend. Non-attendance, however, shall not result in disqualification of an interested Proposer. Minutes of the proposer’s conference will be distributed to all interested proposers. No verbal statement made during the conference shall modify the terms and conditions of the RFP unless such statement is specifically written in the Minutes of the Conference, or issued/posted as an amendment in the form of a Supplemental Information to the RFP.

E. SUBMISSION AND OPENING OF PROPOSALS

20. Submission

20.1 The original and all the copies of the Technical Proposal shall be placed inside of a sealed envelope clearly marked “TECHNICAL PROPOSAL”, “[Selection of NGOs/CSOs to

11


implement Legal aid services in Beneadir region ] “, reference number, name and address of the Consultant, and with a warning “DO NOT OPEN UNTIL TIME OF THE TECHNICAL PROPOSAL SUBMISSION DEADLINE

20.2 Similarly, the original Financial Proposal shall be placed inside of a sealed envelope clearly marked “FINANCIAL PROPOSAL” followed by the name of the assignment, reference number, name and address of the Consultant, and with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.”

20.3 The sealed envelopes containing the Technical and Financial Proposals shall be placed into one outer envelope and sealed. This outer envelope shall bear the submission address, RFP reference number, the name of the assignment, Consultant’s name and the address, and shall be clearly marked “DO NOT OPEN BEFORE February 7, 2019 @ 10:00 AM SOMALIA LOCAL TIME.

21. Withdrawal, Substitution, and Modification of Proposals

21.1 Proposers are expected to have sole responsibility for taking steps to carefully examine in detail the full consistency of its Proposals to the requirements of the RFP, keeping in mind that material deficiencies in providing information requested by MOJ, or lack clarity in the description of services to be provided, may result in the rejection of the Proposal. The Proposer shall assume the responsibility regarding erroneous interpretations or conclusions made by the Proposer in the course of understanding the RFP out of the set of information furnished by MOJ.

21.2 A Proposer is not allowed to withdraw, substitute or modify its Proposal after it has been submitted.

22. Confidentiality

Information relating to the examination, evaluation, and comparison of Proposals, and the recommendation of contract award, shall not be disclosed to Proposers or any other persons not officially concerned with such process, even after publication of the contract award.

Any effort by a Proposer to influence MOJ in the examination, evaluation and comparison of the Proposals or contract award

12

decisions may, at MOJ’s decision, result in the rejection of its Proposal.

In the event that a Proposer is unsuccessful, the Proposer may seek a meeting with MOJ for a debriefing. The purpose of the debriefing is discussing the strengths and weaknesses of the Proposer’s submission, in order to assist the Proposer in improving the proposals presented to MOJ. The content of other proposals and how they compare to the Proposer’s submission shall not be discussed.

F. EVALUATION OF PROPOSALS

23. Preliminary Examination of Proposals

MOJ shall examine the Proposals to determine whether they are complete with respect to minimum documentary requirements, whether the documents have been properly signed, whether or not the Proposer is in the UN Security Council 1267/1989 Committee's list of terrorists and terrorist financiers, and whether the Proposals are generally in order, among other indicators that may be used at this stage. MOJ may reject any Proposal at this stage. 24. Evaluation of Proposals

24.1 The evaluation team shall review and evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and other documentation provided, applying the evaluation criteria, sub-criteria, and point system specified in the Data Sheet (DS no. 25). Each responsive Proposal will be given a technical score. A Proposal shall be rendered non-responsive at this stage if it does not substantially respond to the RFP particularly the demands of the Terms of Reference, which also means that it fails to achieve the minimum technical score indicated in the Data Sheet (DS no. 18). Absolutely no changes may be made by MOj in the criteria, sub-criteria and point system indicated in the Data Sheet (DS no. 25) after all Proposals have been received. 24.2 In the second stage, only the Financial Proposals of those Proposers who achieve the minimum technical score will be opened for evaluation for comparison and review. The overall evaluation score will be based either on a combination of the technical score and the financial offer, or the lowest evaluated financial proposal of the technically qualified Proposers. The evaluation method that applies for this RFP shall be as indicated in the Data Sheet (DS No. 25).

13


When the Data Sheet specifies a combined scoring method, the formula for the rating of the Proposals will be as follows:

Rating the Technical Proposal (TP):

TP Rating = (Total Score Obtained by the Offer / Max. Obtainable Score for TP) x 100

Rating the Financial Proposal (FP):

FP Rating = (Lowest Priced Offer / Price of the Offer Being Reviewed) x 100

Total Combined Score:

(TP Rating) x (Weight of TP, e.g. 70%) + (FP Rating) x (Weight of FP, e.g., 30%)----------------------------------------------------------------------------------------------------------

Total Combined and Final Rating of the Proposal

24.3 MOj reserves the right to undertake a post-qualification exercise aimed at determining, to its satisfaction the validity of the information provided by the Proposer. Such post-qualification shall be fully documented and, among those that may be listed in the Data Sheet (DS No.26), may include, but need not be limited to, all or any combination of the following :

a) Verification of accuracy, correctness and authenticity of information provided by the Proposer on the legal, technical and financial documents submitted;

b) Validation of extent of compliance to the RFP requirements and evaluation criteria based on what has so far been found by the evaluation team;

c) Inquiry and reference checking with Government entities with jurisdiction on the Proposer, or any other entity that may have done business with the Proposer;

d) Inquiry and reference checking with other previous clients on the quality of performance on ongoing or previous contracts completed;

14

e) Physical inspection of the Proposer’s offices, branches or other places where business transpires, with or without notice to the Proposer;

f) Quality assessment of ongoing and completed outputs, works and activities similar to the requirements of MOJ, where available; and

g) Other means that MOF may deem appropriate, at any stage within the selection process, prior to awarding the contract.

25. Clarification of Proposals

To assist in the examination, evaluation and comparison of Proposals, MOJ may, at its discretion, ask any Proposer for a clarification of its Proposal.

MOJ’s request for clarification and the response shall be in writing. Notwithstanding the written communication, no change in the prices or substance of the Proposal shall be sought, offered, or permitted, except to provide clarification, and confirm the correction of any arithmetic errors discovered by MOJ in the evaluation of the Proposals, in accordance with RFP Clause 25.

Any unsolicited clarification submitted by a Proposer in respect to its Proposal, which is not a response to a request by MOJ, shall not be considered during the review and evaluation of the Proposals.

26. Responsiveness of Proposal

MOJ’s determination of a Proposal’s responsiveness will be based on the contents of the Proposal itself. A substantially responsive Proposal is one that conforms to all the terms, conditions, TOJ and other requirements of the RFP without material deviation, reservation, or omission.

If a Proposal is not substantially responsive, it shall be rejected by MOJ and may not subsequently be made responsive by the Proposer by correction of the material deviation, reservation, or omission.27. Nonconformities, Reparable Errors and Omissions

Provided that a Proposal is substantially responsive, MOJ may waive any non-conformities or omissions in the Proposal that, in the opinion of MOF, do not constitute a material deviation.

Provided that a Proposal is substantially responsive, MOJ may request the Proposer to submit the necessary information or documentation, within a reasonable period of time, to rectify

15


nonmaterial nonconformities or omissions in the Proposal related to documentation requirements. Such omission shall not be related to any aspect of the price of the Proposal. Failure of the Proposer to comply with the request may result in the rejection of its Proposal.

Provided that the Proposal is substantially responsive, MOJ shall correct arithmetical errors as follows:

if there is a discrepancy between the unit price and the line item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of MOJ there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; andif there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to the above.

If the Proposer does not accept the correction of errors made by MOJ, its Proposal shall be rejected.

G. NEGOTIATIONS AND AWARD

28. Negotiations

28.1 The negotiations will be held at an agreed date and address with the Consultant’s representative(s) who must have written power of attorney to negotiate and sign a Contract on behalf of the Consultant.

MOJ shall prepare minutes of negotiations that are signed by the Client and the Consultant’s authorized representative.

29. Availability of Key Experts

29.1 The invited Consultant shall confirm the availability of all Key Experts included in the Proposal as a pre-requisite to the negotiations, or, if applicable, a replacement in accordance with Clause 12.3 of the ITC. Failure to confirm the Key Experts’ availability may result in the rejection of the Consultant’s Proposal and the Client proceeding to negotiate the Contract with the next-ranked Consultant.

16

29.2 Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity. In such case, the Consultant shall offer a substitute Key Expert within the period of time specified in the letter of invitation to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate.

30. Technical negotiations

30.1 The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Client’s inputs, the special conditions of the Contract, and finalizing the “Description of Services” part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract, lest the quality of the final product, its price, or the relevance of the initial evaluation be affected.

31. Financial negotiations

31.1 The negotiations include the clarification of the Consultant’s tax liability in the Client’s country and how it should be reflected in the Contract.

31.2 If the selection method included cost as a factor in the evaluation, the total price stated in the Financial Proposal for a Lump-Sum contract shall not be negotiated.

31.3 The format for (i) providing information on remuneration rates in the case of Quality Based Selection; and (ii) clarifying remuneration rates’ structure. 32. Conclusion of Negotiations

32.1 The negotiations are concluded with a review of the finalized draft Contract, which then shall be initialed by the Client and the Consultant’s authorized representative.

32. If the negotiations fail, the Client shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity to the Consultant to respond. If disagreement persists, the Client shall terminate the negotiations informing the Consultant of the reasons for doing so. The Client will invite the next-ranked Consultant to negotiate a Contract. Once the

17


Client commences negotiations with the next-ranked Consultant, the Client shall not reopen the earlier negotiations.

18

DS No.

Cross Ref. to

Instructions

DataSpecific Instructions / Requirements

1 Project Title : Somali Justice Programme Implemented by UNDP and Ministry of Finance, FGS.

2 Title of Services/Work:

Consultancy Services for the provision of legal Aid.

3 Country / Region of Work Location:

Benadir region

4 11 Language of the Proposal:

☒ English

5 17 Conditions for Submitting Proposals for Parts or sub-parts of the TOR

☒ Not allowed

6 17 Conditions for Submitting Alternative Proposals

☒ Shall not be considered

7 19 A pre-proposal conference will be held on:

N/A

8 18 Period of Proposal Validity commencing on the submission date

☒ 60 days

9 31 Advanced Payment upon signing of contract

☒ Not allowed

10 Liquidated Damages N/A

11 30 Performance Security

Shall be obtained from successful offeror after award of contract.A performance security, shall be provided in the amount that will be discussed with the successful offeror, the performance security must be submitted as per template in Section 8

12 20 Deadline for submitting requests for clarifications/ questions

SEVEN (DAYS) BEFORE SUBMISSION DEADLINEJANUARY 28, 2019 @ 4:00 PM SOMALIA

LOCAL TIME

13 8.1 Contact Details for Focal Person in MOj:

19


33. Award Criteria33.1 After completing the negotiations the MOJ sign the Contract; publish the award information and promptly notify unqualified Consultants.

Right to Vary Requirements at the Time of Award

At the time of award of Contract, MOJ reserves the right to vary the quantity of services and/or goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit price or other terms and conditions. Contract Signature

Within fifteen (15) days from the date of receipt of the Contract, the successful Proposer shall sign and date the Contract and return it to MOF.

Failure of the successful Proposer to comply with the requirement of RFP Clause 35 and this provision shall constitute sufficient grounds for the annulment of the award, and forfeiture of the Proposal Security if any, and on which event, MOJ may award the Contract to the Proposer with the second highest rated Proposal, or call for new Proposals.

Performance Security

A performance security, if required, shall be provided in the amount and form provided in Section 8 and by the deadline indicated in the Data Sheet (DS no. 11), as applicable. Where a Performance Security will be required, the submission of the said document, and the confirmation of its acceptance by MOJ, shall be a condition for the effectivity of the Contract that will be signed by and between the successful Proposer and MOJ.

E. Data Sheet

Instructions to Proposers

DATA SHEET

The following data for the services to be procured shall complement, supplement, or amend the provisions in the Instruction to Proposers. In the case of a conflict between the Instructions to Proposers, the Data

20

Sheet, and other annexes or references attached to the Data Sheet, the provisions in the Data Sheet shall govern.

Summary of Technical Proposal Evaluation Forms

ScoreWeight

PointsObtaina

ble1. NGO/CSO Eligibility, Qualifications and

Experience 30% 3002. Appropriateness of Proposed Methodology,

Approach and Implementation Plan: 40% 4003. Management Structure, Key Personnel 30% 300

Total 100% 1000

Detailed sub-criteria are provided in forms 1 to 3 below

Technical Proposal EvaluationForm 1

Points obtaina

bleNGO/CSO Eligibility and Qualifications

1.1 Legally registered as NGO/CSO in possession of a valid registration certificate

20

1.2 A minimum of five years relevant experience 101.3 Mandate and founding document should be in line with

the activities for which the fund is being sought for50

1.4 Size of Budget requested commensurate with the organizations proven administrative and financial management capacity;a) Institutional capacity: Details of institutional

arrangements that currently exist within your organization including offices, equipment/facilities, competence and experience of personnel and past record of managing similar projects that could leverage and complement this project

65

b) Financial capacity;-Organization’s fund management capacity: Ability

to effectively manage grant funds (including HACT assessment rating), proposal budget and, project cost effectiveness and efficiency

-Financial monitoring and, identification and mitigation of financial risks.

65

c) Established office in Somalia: NGOs accessibility to communities they serve and especially in the

20

21


location they are bidding for1.5 Track record in implementing and monitoring

similar/related activities (legal aid services) in collaboration with UNDP, other UN agencies, international NGOs and other international organisations resulting in national ownership.

50

Total Part 1 300

Technical Proposal EvaluationForm 2

Points Obtain

ableAppropriateness of Proposed Methodology, Approach and

Implementation Plan2.1 Sound technical proposal that includes innovative

and replicable inclusion mechanisms to maximize the value of the proposal to the beneficiaries;Comprehensiveness of the Project description: Product, plan and budget. Proposal must clearly define its implementation strategy detailing a step-by-step project plan and itemized budget, target groups, clear timelines for activity duration, and interaction with national rule of law institutions and beneficiaries based on innovative ideas whilst taking into consideration local conditions, overall project operating environment and ensuring Value for Money.

150

2.2

High impact interventions directly targeting and responding to the needs established in the ToR; Proposals must describe the impact assessment methodology that will be used and demonstrate how outputs/deliverables will be addressed consistent with the ToR.

150

2.3

Participatory monitoring and evaluation that will contribute to building a sense of ownership among the beneficiaries to promote the sustainability of the interventions: Proposals should include realistic monitoring and evaluation plans capturing identified implementation risks and mitigation strategies, quality assurance procedures and illustration of the potential impact created as a result of the intervention (theory of change) and demonstrate sustainability after the grant period and in the absence of external funding

100

Total Part 2 400

22

Technical Proposal EvaluationForm 3:

Points Obtaina

ble3. Management Structure, key personnel and Resources: Competence of the Organisation’s staff: Previous experience in related fields, availability of skills and training3.1

Project Manager 100Sub-score

General qualification 90Suitability for the project-Education 20- Experience in managing a project providing similar services (legal aid). 20- Knowledge of the region and familiarity with both Sharia, Somali traditional and contemporary laws

20

- Experience of working with vulnerable communities in the region 20- Training experience 10- Language Qualifications: (fluent in spoken and written Somali and English languages) 10

1003.2

Legal Aid Lawyers 80

Sub-score

General qualification 70Suitability for the project-Level of education and professional training 10- Professional Experience in Law and especially in provision of legal aid services

10

- Knowledge of the region and familiarity with Sharia, Somali traditional and contemporary laws

20

- Experience of working with vulnerable communities 20- Training experience 10- Language Qualifications: (fluent in spoken and written Somali and English languages) 10

803. Paralegals 70

23


Technical Proposal EvaluationForm 3:

Points Obtaina

ble3. Management Structure, key personnel and Resources: Competence of the Organisation’s staff: Previous experience in related fields, availability of skills and training3

Sub-score

General qualification 60Suitability for the project-Level of Education & professional training 10- Professional experience in Law and especially in provision of legal aid services

10

- Knowledge of the region and familiarity with Sharia, Somali traditional and contemporary laws

15

- Experience of working with vulnerable populations 15- Training experience 10- Language Qualifications (fluent in spoken and written Somali and English languages) 10

70

3.4

Finance and Admin Support 50

Sub-score

General qualification 40Suitability for the project- Level of education and professional training 10- Experience in fund management of similar projects in the region 20- Knowledge of the region 10- Language Qualifications; Fluent in spoken and written Somali and English languages) 10

50Total Part 3 300

24

Summary of Technical Proposal Evaluation Forms

Score Weight Points Obtainabl

e1. Expertise of Firm / Organization 40% 400

2.Proposed Methodology, Approach and Implementation Plan 30% 300

3. Key Personnel 30% 300Total 1000

Section 3: Terms of Reference (TOR)

For the Engagement of NGO/CSO for Implementation of Legal Aid Service Provision in Benadir Region

1. BACKGROUND INFORMATIONBuilding the rule of law, including the strengthening of justice sector institutions is essential to address the current of situation. However, during the 20+ years of civil war, the Judiciary sector was destroyed leaving a barely functional central justice system. Whereas the Country now has a promising functioning judicial authority, efforts to rebuild the justice system are exacerbated by Somalia’s complex history of multiple legal systems namely, secular statutory law, Sharia (Islamic law), and Xeer (customary or clan law) that overlap with and sometimes contradict each other. Therefore, these laws need to be coordinated and fully codified under one judicial system. Within this context, Federal Government of Somalia has made remarkable progress to establish and strengthen independent, accountable, credible and effective justice institutions capable of addressing the legal requirements of the people especially the vulnerable population. Collaborating with UN partners under the new Joint Justice Programme

25


launched in August 2018, the support on provision of legal aid services through non-governmental organizations and civil society groups shall be used to address the challenges for the provision of quality, cost effective and accessible legal services for the vulnerable in Benadir Region.The Ministries of Justice of Federal Government of Somalia is responsible for regulating, monitoring and harmonization of legal aid services across the Country and have played a key role in coordination of legal aid activities with legal aid providers through regular monthly legal aid coordination meetings which link legal aid providers with other actors of the justice system including traditional elders. The Ministry of Justice is in the process of developing a regulatory framework that will integrate and harmonize legal aid services across the Country to ensure a functional, self-sustaining, resourceful, transparent and fair legal aid system. Additionally, the legal profession in Somalia is growing rapidly and in the right direction. Puntland lawyers have re-activated the Puntland Bar Association. The Somali Bar Association has also become active and work on Advocate Laws and Bar Association Regulations are in progress. It is expected that these initiatives will enhance the capacity and effectiveness of legal professionals in Somalia and by extension, delivery of justice through pro bono cases which will ensure sustainability of legal aid services. Through this Call for Proposals, Ministry of Justice seeks to provide linkages between justice sector actors and communities through various activities including awareness raising on human rights, gender-based violence (GBV) and access to legal redress by supporting legal aid initiatives undertaken by civil society organizations to address the justice needs of the Somali citizenry, including marginalised and vulnerable populations based on a holistic legal aid model for Somalia.2. OBJECTIVESTo establish a targeted, workable, fit for purpose, effective and sustainable legal aid and representation system at Federal Level and capital cities of FMS to ensure legal support to refugees, IDPs, women, children and other vulnerable groups and individual on remand status and in pre-trial detention who can cannot afford or do not have access to justice services including representation in the court and claiming of the rights through justice services.3. SCOPE OF WORK

3.1. The Selected NGO/CSO will undertake the following tasks in Benadir Region

26

a) Establish a system of legal aid for disadvantaged people providing free and pro-poor legal services for vulnerable groups-women, children, survivors of SGBV, IDPs, and refugees, persons with disabilities, elderly and minorities in one or several of the regions:

b) Carry out prison and police custody/detention centers visit in the respective geographic areas and provide free legal advice, assistance and representation for individuals on remand status and in pre-trial detention in prisons.

c) Support the mobile courts in the specific identified areas by providing legal aid lawyers accompanying mobile courts and technical assistance in combining legal awareness sessions with mobile courts.

d) Work with Ministry’s Alternative Dispute Resolution unit to increase protection, legal empowerment and access to justice for women and girls in the prioritized districts.

e) Establish effective legal aid case management system, electronic data system on categories of beneficiaries and geographic location and share the data and information monthly with UNDP and Ministry of Justice of Federal level Government of Somalia. S as per agreed template.

f) Establish and run a local paralegal scheme to refer where appropriate legal cases from the traditional elders to the formal justice system, raise legal awareness and contribute to negotiations to resolve disputes at IDPs camps and community level.

g) Conduct awareness raising campaigns in coordination and with active participation of MoJ of FGS in the key distracts of Benadir Region, and in IDP/ refugee camps as well as host communities including;

i. Designing, printing and disseminating appropriate legal awareness and outreach materials for the wider public in Mogadishu with a focus on reaching women, children, IDPs, and other vulnerable persons.

ii. Conducting legal rights, awareness raising campaigns to increase awareness of women’s rights and gender equality.

iii. Raising legal awareness among key criminal justice stakeholders, traditional elders, religious leaders and civil society on legal rights, fair trial, due process as well as the role, functioning and mandate of the formal justice system institutions.

h) Monitor and report human rights abuses with a focus on due processes and human rights violations occurring in prison and police custody and/or committed by law enforcement authorities.

i) Ensure effective coordination mechanism with justice institutions and Police, actively participate in working group meetings.

j) Be pro-active, capture lessons learned, exploring connectivity and linkages between justice chain and come up with positive solutions

27


to address the current challenges for legal aid interventions in Somalia.

k) Ensure coordination of the cases with the Somali Bar Associations chapters in the Federal Member States (FMS) as well as any other relevant lawyer associations.

l) Support the organization of regular community conversations aimed at collecting the view of the community on the delivered justice services and ways to improve them

m) Mainstream gender, human rights, transparency, answerability and accountability in all aspects of the project.

3.2 Expected Outputs Activities and Deliverables; -The selected NGOs/CSOs will deliver the following in Benadir Region. a) Provide legal advice and court representations in;

a) Mogadishu: - At least 70 cases undertaken every month for criminal, civil,

land and family cases and a report on the cases submitted to Moj of FGS with a copy to the UNDP monthly.

- At least 20 survivors of Gender Based Violence (GBV) identified per month and referred to service providers, including legal counseling, legal representation, health care, and psycho-social support.

b) Provide basic legal counseling by lawyers and paralegals to members of the community and IDPs, including the traditional leaders, IDPs and vulnerable groups especially women, to settle local disputes through mediation/arbitration;

c) Organize Four (4) awareness sessions every month in Mogadishu at mutually agreed IDP camps and in community centers and in coordination with the legal aid units/centers in the Ministries of Justice at Federal level and in FMS. The awareness sessions are to cover topics on justice services and legal rights, including the mandates of the different justice institutions and how to navigate them. The awareness material must be cleared and approved Monthly by MoJ Federal Level and UNDP ;

d) Pro-actively participate in monthly legal aid coordination meetings in Mogadishu, and present the achievements within the justice chain stakeholders;

e) Coordinate and align services to the needs of the mobile court users with the mobile court coordinator.

28

f) Coordinate with Conflict Dispute Resolution Houses and traditional elders and provide any legal aid assistant they may need.

3.2.3.3. Location of Work

a) Mogadishu: including key IDP camps, prioritized District Courts and police stations, Regional Courts, Alternate Dispute Resolution Houses and Mogadishu Central Prison. The scope of work also includes working with the Mobile Courts and ADR centers deployed by ministry of Justice of FGS.

4. INSTITUTIONAL ARRANGEMENTThe selected organizations will sign a Responsible Party Agreement (RPA) with MOJ Within one week of award, the NGO/CSO’s representative(s) shall meet with the UNDP and Ministry of Justice’s representatives to discuss objectives of the assignment and, NGO/CSOs implementation plan to ensure both Parties are clear on the assignment and the way services shall be delivered. Any discrepancies at this stage should be brought to the attention of the MoJ leadership for discussion prior to contract implementation.a) MoJ will have overall responsibility and accountability for the

Agreement with the Responsible Party (NGO/CSO);b) The NGO/CSO will work under the supervision of the Ministry of

Justice of FGS, UNDP and will remain engaged and work in close collaboration with all relevant stakeholders including the Judiciary, Police, Custodial Corps, local authorities, elders, related public institutions, and, other UN agencies supporting justice services amongst others;

4.1 Reporting Requirements

The NGO/CSO will implement the activities specified in the Terms of Reference in consultation and agreement with the Ministry of Justice and UNDP. On completion of each deliverable, the NGO/CSO will submit the required report(s) to the Ministry of Justice UNDP. Reports shall be comprehensive (both qualitative and quantitative in nature) and must follow the agreed templates accompanied by supporting

29


documentation including photographs where applicable; This will at a minimum include; a) a monthly narrative and financial report complete with a cases

database and must demonstrate impact. The NGO/CSO will also submit regular written status updates to various stakeholders as required;

b) The final report for the total contract period must demonstrate linkages within Somalia’s justice system, achievements, impact, challenges and lessons learned during the contract period;

c) Maintain adequate and complete record keeping of the legal aid cases, showing locations from where the legal aid cases are received, when case started, the status in every month and when the case is completed and, will ensure that case files can be reviewed by MOJs, and UNDP for quality assurance purposes. To ensure client confidentiality the NGO will share case type but withhold client identity.

d) Share information regularly with the Ministry of Justice, the Somali Bar Association local chapters and Lawyers associations on cases that have been taken up to avoid duplication.

e) Reports shall be reviewed and Finally endorsed by the Ministry of Justice of FGS 4.2 Roles and Responsibilities

4.2.1 NGO/CSO Responsibilitiesa) The Responsible Party must be able to mobilize the capacity

required to implement the Agreement upon Agreement signature by both parties;

b) The NGO/CSO will have sole responsibility for the operational support required to implement the Agreement and will ensure that services provided under this Agreement conform to international standards, procedures and practices of the UN and requirements of national law which includes the following;ii. Supervision of NGO/CSO staff to ensure the Agreement is

performed in an efficient and effective manner in accordance with the terms of reference

iii. Ensure qualified lawyers with license to represent parties before justice institutions and paralegals are in place to support the legal aid activities with no responsibility whatsoever on the part of MoJ.

iv. Sole responsibility for all logistical and administrative support necessary including payment of salaries to its personnel for the duration of the contract with no responsibility whatsoever on the part of MoJ and UNDP

30

v. Adequate communication between NGO/CSO personnel including the NGO/CSO’s designated representation on contractual obligations and Ministry of Justice on operational matters.

vi. Laptops and any other equipment required to perform the job.

4.2.2 Role of Ministry of Justice of FGS a) Quality assurance and periodic spot checks monitoring to ensure

smooth implementation of project deliverables and, transparency and accountability of funds awarded to the NGO/CSO. The NGO/CSO will be responsive to UNDP requests aligned with the overall objectives of the project.

b) Review and final approval of progress and financial reports and certification of payments and then submit to UNDP for approval of payments consistent with UNDP Financial Rules and Regulations.In case of default on part of the Responsible Party in implementing the Agreement, MOJ reserves the right to engage and pay another NGO/CSO to perform the service and, With close collaboration with UNDP, all expenses consequent thereon or incidental thereto shall be borne by the NGO and shall be recoverable by UNDP and may be deducted by UNDP from any amounts due or which may become due.

5. DURATION OF CONTRACT:

Twelve (12) months from the date of contract signature.

6. IMPLEMENTATION AND MONITORINGa) MOJs and UNDP will regularly monitor the implementation of

project activities.b) All awareness material shall be shared with the MoJs and UNDP

technical team for approval.c) Ministries of Justice at the FGS will have overall leadership role for

legal aid and legal awareness activities In Mogadishu.

7. QUALIFICATIONS OF THE SERVICE PROVIDER AT VARIOUS LEVELS

Qualifications of the Organization

31


a) The NGO/CSO must be legally registered as NGO/CSO at federal level and at the State they are going to work in by the designated government agencies at Federal and State levels and must be in possession of a valid registration certificate; NGOs registered by any other government agency besides the designated agencies will not be considered

b) Must have a minimum of five years’ relevant experience in implementing similar/related activities preferably in Somalia

c) Mandate and founding document should be in line with the activities for which the fund is being sought for;

d) Demonstrated fund management capacity in Somalia and operational capacity (established office in Somalia, equipment, facilities, competence and experience of personnel and past record of managing/implementing similar projects).

e) Have expertise in engaging justice chain institutions. f) Demonstrated understanding of gender sensitive implementation g) Demonstrated ability to network and build strong working relations

with senior level government officials and international partners;h) The recipient organization, its Board of Directors and key staff must

be clean from any past corruption or misuse of funds/power of any kind. Similarly, the Proposers must disclose in their proposal their knowledge of the following;

i. That they are owners, part-owners, officers, directors, controlling shareholders, or they have key personnel who are family of Moj and UNDP staff involved in the procurement function or any implementing partner receiving services under this CFP

ii. All other circumstances that could potentially lead to actual or perceived conflict of interest, collusion or unfair competition practices.

Failure of such disclosure may result in the rejection of the proposal or proposals affected by the non-disclosure

i) The NGO/CSO is not on the removed or suspended vendor list of the UN or other such lists of other UN agencies, nor associated with any company or individual appearing on the 1267/1989 list of the UN Security council

j) Does not have outstanding bankruptcy or pending litigation or any legal action that could impair its operation as a going concern.

Qualifications of Proposed Staff:The NGO/CSO shall include in its offer team composition and structure with recent CVs of all staff proposed staff for implementation of contract which shall include the following cadres;Project Manager/Coordinator;

32

The project coordinator will coordinate the delivery of legal assistance and be responsible for the day-to-day overall coordination, management and supervision of the legal aid project work and staff.

The coordinator must have a university degree and at least 5 years’ experience.

Lawyers: Have a university degree in law Have at least 5 years’ experience in the legal profession preferably

as a lawyer. Lawyers will undertake legal cases, provide legal assistance and

representation to vulnerable groups and individuals on remand and carry out visits to prison and police stations.

Paralegals:In order to be selected, the paralegal shall

Be literate (a secondary school education or higher, confirmed with reading and writing test)

Be provided with basic knowledge of the law, the legal system and its procedures, and basic legal skills (to attend the local Law Faculty is an asset)

Be a member of the community or part of an organization that works in the community and have knowledge of the communities they are working in

Have basic knowledge of the ways community members access justice services (including through traditional or informal justice mechanisms)

Have skills and knowledge on alternative dispute resolution mechanisms, including mediation, conflict resolution, and negotiation

Be able to communicate ideas and information to community members using interactive teaching methods

Have willingness to learn Have ability to travel to remote locations

Administration and Finance Officer (if applicable) Be responsible for managing the financial and administrative

aspects of the contract. Be responsible for producing financial reports on the

implementation of the contract.

33


All staff must have excellent communication skills. They must be fluent in spoken and written English and Somali languages and possess excellent presentation skills; Proposers must submit the proposed team composition indicating seniority within the team. All team members CVs must be submitted with the proposal.

8. BUDGET AND PAYMENT SCHEDULE.

The RPA shall be entered into under the Fixed Budget Selection process. The Proposal total amount must not exceed the fixed budget of USD 145,000. There will be no cost extension on the resulting Responsible Party Agreement.

After Approval of MOJ at FGS, all payments shall be released upon certification of satisfactory completion of each milestone by the UNDP Justice Project Manager.

Section 4: Proposal Submission FormTo: Insert name and address of the Ministry of Justice (MOJ) of Federal Government of Somalia

Dear Sir/Madam:

We, the undersigned, hereby offer to provide professional services for [insert: title of services] in accordance with your Request for Proposal dated [insert: Date] and our Proposal. We are hereby submitting our Proposal, which includes the Technical Proposal and Financial Proposal in separate files. We hereby declare that:

a) All the information and statements made in this Proposal are true and we accept that any misrepresentation contained in it may lead to our disqualification;

b) We are currently not on the removed or suspended vendor list of the UN or other such lists of other UN agencies, nor are we associated with, any company or individual appearing on the 1267/1989 list of the UN Security Council;

c) We have no outstanding bankruptcy or pending litigation or any legal action that could impair our operation as a going concern;

34

and d) We do not employ, nor anticipate employing, any person who is

or was recently employed by the MOJ of Federal Government of Somalia (FGS)

We confirm that we have read, understood and hereby accept the Terms of Reference describing the duties and responsibilities required of us in this RFP, and the General Terms and Conditions of MOF’s Contract for Professional Services.

We agree to abide by this Proposal for [insert: period of validity as indicated in Data Sheet].

We undertake, if our Proposal is accepted, to initiate the services not later than the date indicated in the Data Sheet.

We fully understand and recognize that MOJ, FGS is not bound to accept this proposal, that we shall bear all costs associated with its preparation and submission, and that MOJ will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the evaluation.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm:

Contact Details:

[Please mark this letter with your corporate seal]

Section 5: Documents Establishing the Eligibility and Qualifications of the Proposer

Proposer Information Form1

Date: [insert date (as day, month and year] of Proposal Submission]RFP No.: [insert number]

Page ________of ________ pages

1 The Proposer shall fill in this Form in accordance with the instructions. Apart from providing additional information, no alterations to its format shall be permitted and no substitutions shall be accepted.

35


1. Proposer’s Legal Name [insert Proposer’s legal name]

2. In case of Joint Venture (JV), legal name of each party: [insert legal name of each party in JV]

3. Actual or intended Country/ies of Registration/Operation: [insert actual or intended Country of Registration]

4. Year of Registration: [insert Proposer’s year of registration]

5. Countries of Operation

6. No. of staff in each Country

7. Years of Operation in each Country

8. Legal Address/es in Country/ies of Registration/Operation: [insert Proposer’s legal address in country of registration]

9. Value and Description of Top three (3) Biggest Contract for the past five (5) years

10. Brief description of litigation history (disputes, arbitration, claims, etc.), indicating current status and outcomes, if already resolved.

12. Proposer’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s name] Telephone/Fax numbers: [insert Authorized Representative’s name] Email Address: [insert Authorized Representative’s name]14. Attached are copies of original documents of:

☐ All eligibility document requirements listed in the Data Sheet☐ If Joint Venture/Consortium – copy of the Memorandum of Understanding/Agreement or Letter of Intent to form a JV/Consortium, or Registration of JV/Consortium, if registered☐ If case of Government corporation or Government-owned/controlled entity, documents establishing legal and financial autonomy and compliance with commercial law.

Section 6: Technical Proposal Form

TECHNICAL PROPOSAL FORMATINSERT TITLE OF THE SERVICES

36

Note: Technical Proposals not submitted in this format may be rejected. The financial proposal should be included in separate envelope.

37


INFORMATION ABOUT APPLICANT ORGANIZATION

Organization’s legal nameOrganization’s legal statusYear of registrationName of executive directorName of project managerName of project accountantOrganization’s legal addressActual address (if different from above)Telephone:E-mail address:Project budget (in USD)Web pageProject Title

1. Project summary (maximum of 1/2 page)

Describe project’s objectives, main activities, stakeholders and expected results.

2. General Information about applicant organization (maximum of 1 page)Provide a brief description of the organization. Please include the following information:

2.1. Main areas of expertise – describe your organization’s programme focus in Somalia and main competences, especially regarding addressing the justice needs of the citizenry including marginalized and vulnerable groups.

2.2. Describe your organization’s vision or vision statement if it has one.

2.3. Describe the main types of activity that your organization carries out2.4. Describe main target audience and partners of your organization2.5. Explain what kind of in-house or outside experts your organization involves in its usual work2.6. Describe your organisation’s main assets; number of full-time

staff, office space and equipment 2.7. Approximate annual budget (USD)

3. Structure of the organization in Somalia (maximum of 1/2 page)

38

Provide a brief description of the organization’s structure in Somalia. Please include information on location of head office, presence in the Federal Member States, Regional Administrations, etc.

4. Relevant Experience (maximum of 2 pages)

4.1 Provide evidence of your organization’s experience in thematic area of this Call for Proposals. Describe the work performed by your organization that demonstrates its capability to represent the interests and protect the rights of vulnerable groups of persons

4.2 Describe specific results achieved by our organization in providing support to the vulnerable groups of persons

4.3. Explain how your organization’s experience will help to reach project’s goals

4.4 Enter the portfolio of projects that have been or are currently being implemented in Somalia that are relevant to the scope of the work under this Call for Proposals using the formal below.

Project Title

Location

(State /

Coun-ties)

Total Budget (USD)

Source of

Funds / Do-nor

Duration

StatusOngoing / Completed

Types of activities /

Brief Description

of Work

5. Management and administrative capacity (maximum of 1 page)5.1 Describe your organization’s internal procedures for planning and review (i.e. annual plans and annual review meetings);5.2 Describe procurement capacity and standards of the organization;5.3 Describe the accounting and finance management system/experience used by the organization, including the internal controls of the organization 5.4. Please demonstrate your organization’s capacity to manage donor funds effectively in Somalia and describe your approach and experience in financial management and how you would identify and mitigate final risk and monitor project delivery. 5.5 Describe field presence in the Federal Member State/Regional Administrations you are proposing to work in (i.e. number and type of staff, vehicles, compounds, etc.)6. Problem Analysis

39


Please describe main problem(s) concerning vulnerable groups of people that your project will address. Explain why these issues are important to the target group, community, region and society in general. Please be context-specific and demonstrate your understanding of the concept and issues relevant for the specific location you are proposing to work in. 7. Project objective and justification of the project (maximum of 1.5 pages)Please describe the goals and objectives of this intervention, their alignment with UNDPs strategic priorities, the groups that are intended as contributors (national and local authorities) and beneficiaries (targeted communities and society in general) and the reasons for taking this approach. Please note that innovative Projects and/or high impact projects are requestingPlease be context-specific and demonstrate your understanding of the concept and issues relevant for the specific location you are proposing to work in. 8. Expected results (theory of Change) - (maximum of ½ page)

Describe what the Project’s specific short-term and long-term impact on you plan to achieve with your project, i.e. describe results and explain what positive changes in the life of the of the target groups will be achieved through your project considering the problem in specific context of the location you are proposing to work in and, how the intervention is sustainable and builds upon work in the area or opens up new strategic entry points for UNDP engagement. Please make them specific, measurable, achievable and time-bound (SMART)9. Target audience (maximum of ½ page)

8.1 Describe project’s main target population and other stakeholders and how they will be engaged in the process8.2. Specify the group of people whose interests and rights your project will help to promote8.3. Explain if and how your project will cooperate with relevant national/local authorities and other actors in the rule of law and justice sector.10. Project activities (maximum of 1 pages)Under the broader scope as specified in the Call for Proposal, briefly describe the form and contents of each type of activity that will be carried out during project implementation to reach its objectives. What are the realistic timeframes for activities and the responsible capacity for delivery of the project?

11. Communication strategy & publications (maximum of ½ page)Describe your project’s key messages, audiences, information products and communication channels;12. Organizational capacity improvement (maximum of ½ page)

40

Explain how this project will help to strengthen your organization’s capacity to carry out its mission as a legal aid provider;13. Work plan – Maximum of 3 pagesProvide the project’s work plan. Also provide the budget and performance targets according to the following format; -

Month Activity Location Topic Implementers

Planned Results*

Results shall not merely mean actions (events) but progress in the solving of the problem addressed by your project, and specific positive changes in the life of the target audience.

14. Events (Maximum of 2 pages)Provide more details on agenda and format of the Project’s workshops/training and other public events.15. Risk management (maximum of ½ page)Please provide brief details of any serious risks to the success of the project and how these will be mitigated; consider at which stage the risk should be flagged up to UNDP.16. Project monitoring and evaluation (maximum of ½ page)Please describe how progress will be monitored and measured, with reference to baselines, indicators and targets in the work plan (preferably in table form) and, also indicate who within your organization will be responsible for project monitoring and evaluation. Please do not repeat what is in the Work Plan.17. Mainstreaming gender into proposed project (maximum of ½ page)

Briefly describe key strategies you shall adopt in mainstreaming gender into your project, especially understanding the interaction between your intervention and the specific context of the location you are targeting.18. Sustainability and ownership (maximum of ½ page)

Clearly explain your exit strategy, mechanisms for sustainability and ownership and how your organization will continue to remain relevant after completing the project. Please detail any plans for cost sharing as well as potential for future up scaling of the initiative or knowledge outputs19. Budget and Cost BreakdownPlease submit a Project Budget in USD using the template provided in Annex III. Please itemize the requested funds as well as the overall budget and cost-sharing if any.

41


20. Personnel (maximum of 2 pages)Briefly describe education, qualification and relevant experience of each

proposed project staff and invited experts if applicable.

Section 7: Financial Proposal FormThe Proposer is required to prepare the Financial Proposal in a separate envelope file separate from the rest of the RFP as indicated in the Instruction to Proposers.

42

The Financial Proposal must provide a detailed cost breakdown. Provide separate figures for each functional grouping or category.

Any estimates for cost-reimbursable items, such as out-of-pocket expenses, should be listed separately.

The format shown on the following pages is suggested for use as a guide in preparing the Financial Proposal. The format includes specific expenditures, which may or may not be required or applicable but are indicated to serve as examples.

A. Cost Breakdown per Deliverables*

Deliverables Target due Date

Percentage of Total

price 2

Price (Lump

sum, all inclusive

)(USD)

Signing of contract and submission of inception report

Upon Signature of the contract

20% of contract

priceSubmission of first narrative and financial reports including submission of bank statement

End of Quarter 2 30% of

contract price

Submission of second narrative report and financial including submission of bank statement report

End of Quarter 3 30% of

contract price

Submission of final narrative and financial reports including submission of bank statement report

Upon completion of the contract

20% of contract

priceTotal 100%

2 If the Agreement calls for an advance paying exceeding USD 30,000, the CSO/NGO shall provide a bank guarantee or certified cheque valid for the duration of the Agreement.

43


*Basis for payment tranches

A. Cost Breakdown by Cost Component

(Please itemize, add rows as required and indicate amount/percentage of cost-sharing (if applicable).

Cost Description

Payment per unit of time (e.g. day, month,

Quarter, etc.)

Quantity/No. of

personnel

Total Period of Engagem

ent

Unit Rate

(USD)

Total Amou

nt(USD)

I. Personnel & Admin ServicesProject Manager Month

Lawyers Month

Paralegals Month

Admin & Finance Officer Month

Sub-Total PersonnelII. Operational costs….. Itemize and add rows as necessary (if applicable)Sub-Total Operational costsIII. Trainings and Legal Awareness Workshops

….. Itemize and add rows as necessary (if applicable)

Sub-Total Training and Legal Awareness WorkshopsIV. Other Related Costs….. Itemize and add rows as necessary (if applicable)Sub-TotalTOTAL CONTRIBUTION TO PROJECT BY MOJContribution to budget from other sources (if applicable). Indicate source of fundingTOTAL PROJECT COST

44

moj.gov.somoj.gov.so/.../2019/01/RFP-Benadir-legal-Aid-provisitionsv… · Web viewpoint by...

Documents

Transcript of moj.gov.somoj.gov.so/.../2019/01/RFP-Benadir-legal-Aid-provisitionsv… · Web viewpoint by...