Services - 372482-2013

05/11/2013    S214    - - Services - Contract notice - Restricted procedure 

Denmark-Copenhagen: Foreign economic-aid-related services

2013/S 214-372482

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Ministry of Foreign Affairs of Denmark, Danida
Asiatisk Plads 2
For the attention of: Kiri Kirk Petersen
1448 Copenhagen
Denmark
Telephone: +45 33921430
E-mail: danidacontracts@um.dk

Internet address(es):

General address of the contracting authority: http://www.danidacontracts.um.dk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Other: Development assistance
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Danida Framework Agreement for technical assistance to identify, formulate, appraise and review development programmes and projects.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: Various developing countries

NUTS code DKZZZ

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 6

Duration of the framework agreement

Duration in years: 4

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 40 000 000 and 80 000 000 DKK
II.1.5)Short description of the contract or purchase(s)
The overall objective of Denmark's development cooperation is to combat poverty and promote human rights, democracy, sustainable development, peace and stability. This is to be accomplished through a human rights based approach targeting four strategic priority areas, respectively 1) Human rights and democracy, 2) Green growth, 3) Social progress; 4) Stability and protection (The Right to a Better Life. Strategy for Denmark's Development Cooperation, 2012).
In relation to the implementation of the new strategy the Danish Ministry of Foreign Affairs (Ministry) has decided to move from a sector- to a country programme based approach. The new approach, which is described in the Danida Guidelines for Country Programmes, applies primarily to country programmes in the priority countries for Danish development cooperation, but the guidelines can also apply to other types of programmes such as regional programmes like the Danish-Arab Partnership Programme and the Neighbourhood programme. In the interim period, until development cooperation with all priority countries has been synchronised to the country programme cycle, new “stand alone” programmes should also, to the extent possible, be prepared and implemented according to the Guidelines for Country Programmes.

Other guidelines, tools and technical notes (Aid Management Guidelines) for Danish bilateral development cooperation are available on www.amg.um.dk and are to be applied together with the Guidelines for Country Programmes.

As a first step in the country programme based approach the Ministry prepares a Country Policy Paper for its cooperation with each of its priority countries. The Country Policy Paper encompasses foreign and security policy, development cooperation, climate policy and commercial relations. The Country Policy Paper is then translated into a Country Programme, which is a programme with a maximum of 3 thematic programmes in support of the strategic objectives outlined in the Country Policy Paper. Each thematic programme will have an objective supported by a cluster of development engagements that contribute to its fulfilment. In some countries, general budget support may be added to support the strategic objectives outlined in the country policy paper. For the whole country programme, the number of active development engagements should not exceed 30.
In order to ensure an efficient and effective roll-out of the country programming approach it will be important for the Ministry at short notice to be able to recruit qualified technical assistance to assist with the implementation of identification, formulation, appraisal and review tasks in priority countries. The Ministry therefore intends to set up a Framework Agreement for its technical assistance assignments required for these tasks. The Framework Agreement will also be applicable to similar types of assignments in relation to regional programmes, on-going sector programmes, etc.
A Framework Agreement will be established with a maximum of 6 entities/consortiums.
The Danish Ministry of Foreign Affairs, embassies and representations will be able to draw on this Framework Agreement. Only contracts with an estimated value above DKK 500 000 form part of this Framework Agreement and only, if the Ministry so wishes, cf. next paragraph.
The Framework Agreement has no overall contractual amount or maximum budget, but it is envisaged that the budget of most assignments will be between DKK 500 000 – DKK 1 500 000. The contractual amount is fixed at the level of each individual assignment.
The Framework Agreement will be voluntary in the sense that the Ministry, its embassies and representations will be entitled, but not obliged, to place orders under the Framework Agreement. The Ministry of Foreign Affairs thus reserves the right to enter into contracts with third party consultants to provide similar services at any time.
The overall objective is to establish a Framework Agreement between the Ministry and a number of selected consultancy companies/consortia facilitating easy and quick contracting of qualified teams of consultants for short-term assignments in relation to country programme cycle and similar tasks.
The specific objective is the provision of teams of consultants for each of the following steps in the programme cycle:
— Identification
— Formulation
— Appraisal
— Review

Appraisals and reviews of country programmes will normally be headed by staff from the Ministry's Technical Advisory Services. For a description of Danida's requirements to the above steps in the programme cycle, refer to: www.amg.um.dk

Provision of the TA will involve travelling to countries and organizations that receive or might receive Danish support and include contacts with representatives of the Danish Ministry of Foreign Affairs, Danish embassies, other development partners, international organisations, government institutions, civil society, private sector and other partners in priority countries or elsewhere. In some instances assignments are expected to involve missions in areas of conflict or areas with high security risks.
There are currently 24 priority countries for Danish development assistance:
Afghanistan, Bangladesh, Benin, Bolivia, Bhutan, Burkina Faso, Burma/Myanmar, Ethiopia, Ghana, Indonesia, Kenya, Mali, Mozambique, Nepal, Niger, Pakistan, Palestine, Somalia, South Sudan, Tanzania, Uganda, Vietnam, Zambia and Zimbabwe.
Through the Neighbourhood programme, Danish support is also given to various countries in Eastern Europe, Balkan and Central Asia.
Contracts under the Framework Agreement will be based on individual call-offs each with their specific Terms of Reference. Award criteria will be the most economically advantageous tender in terms of the criteria stated in each individual call for proposal. The award criteria will be within the following weighting range:
— Quality: 80 – 90 %
— Price: 20 – 10 %
Quality will be based on evaluation of proposed CVs and in some cases also a proposed methodology. Price will include fees and expenditures.
At this stage, weighting ranges are given since priorities will be different for each assignment.
Each assignment is expected to comprise 3 – 6 consultants, each having a total input of 3 – 6 weeks including mission preparation, international travel, field work, and post mission report writing. At this point it is not possible to determine the scope and quantity of demand for services because the country programme approach will be implemented gradually.

Danida's Aid Management Guidelines (www.amg.um.dk) form the basis on which documents, reports and assessments rendered under this Framework Agreement shall be developed.

The activities of the TA will normally include: a) preparatory activities, in particular study of documentation, b) field work in countries or organizations that receive or might receive Danish support including meetings with Danish embassies, government authorities, programme partner organisations, other development partners, international organisations, civil society, private sector and other partners in priority countries or elsewhere and c) report writing.
In connection with an individual call for proposals situations may occur where the Client will consider an entity to have a conflict of interest. Conflicts of interest will be judged on a case-by-case basis. It will be up to the Client to decide whether there is a conflict of interest preventing the entity from bidding on or entering into the contract.
The Consultant must also assess whether there are any potential conflicts of interest associated with performing an assignment, and notify the Client accordingly.
If an entity has carried out the formulation of a programme or part thereof, the same entity should not undertake the appraisal hereof.
It is expected that an entity that has a conflict of interest will inform the Client hereof.
On the individual assignments, the consultants shall work with the Human rights based approach and Danida's policies and guidelines for development assistance.
The consultants to be requested will apart from expertise in one or more of the thematic areas defined by the Danish development strategy need comprehensive expertise and experience in a number of interrelated and cross-thematic subjects. These subjects include among others cross-sectoral policy reforms and regulations, general budget support or sector budget support, public financial management, institutional development, capacity building, gender issues, human rights, environment and climate.
As mentioned above the Danish development cooperation will be concentrated within the following four strategic priority areas: Human rights and democracy; green growth; social progress; and stability and protection.
The subjects to be addressed under each of the thematic areas will vary within the different country programmes, but below are examples of the types of subjects that may be included under the four thematic areas.
Human rights, democracy, and governance
- Democracy, including parliaments, elections, media, and oversight mechanisms
- Human rights
- Institutional reforms, including decentralisation, public financial management, and tax reform
- Anti-corruption
- Rule of law and justice systems strenghtening, including access to justice, legal reform, and security sector reform
- Social accountability and dialogue mechanisms
- Civil society development
- Inclusion of marginalised and excluded groups, including rights of indigenous peoples
Green growth:
- poverty reduction and sustainable development through green growth
- generation of income and employment especially for the youth
- business environment and related regulatory reforms, public private dialogue
- green growth based on sustainable management and use of natural resources
- renewable energy and energy efficiency
- improved technology and financial service in the areas of agriculture, forestry, energy, water and climate
- poor peoples' increased participation and access to water, land, knowledge and finance.
Social progress:
- social sector financing and institutional development;
- health systems analyses and development;
- sexual and reproductive health and rights, HIV/AIDS
- education sector systems analysis and development
- facilitation of student-centred learning processes
- development of effective teaching support systems
- universal access to health and education, social protection, particularly for poor and vulnerable groups
Stability and protection:
- conflict prevention, dialogue and mediation
- statebuilding and peacebuilding in conflict affected and fragile settings,
- integration of the principles under the New Deal and the International Dialogue in programming
- poverty reduction, social development, growth and job creation in conflict affected and fragile settings
- strengthen resilience among vulnerable groups as well as efforts for disaster prevention and disaster risk management
- strengthened cooperation with regional and multilateral organisations in fragile and conflict-affected states.
Some assignments will require experts with the above capacities as well as experience working in fragile and/or conflict affected areas/states.
Assignments will require consultants who are fluent in different languages, including English, French, Spanish and Portuguese. All assignments will have to be carried out in accordance with Danida policies and guidelines.
Some of the assignments will require that a member of a team either is the Team Leader or is deputy team leader (the latter will primarily be relevant in connection with appraisals and reviews where the Client usually provides the Team Leader.)
Some assignments will require highly specialized inputs whereas others will require more breadth and horizontal analysis.
Companies/consortiums on the Framework Agreement will be allowed to draw on sub-consultants in connection with the individual assignments. Potential sub-consultants should not be identified before the individual call-off.
In situations where an entity on the Framework decides not to bid for a contract, that entity or members thereof may in those situations act as a sub-consultant to other entities on the framework for a particular contract unless the Client finds that it unfairly influences or narrows competition. .

Applicants shall provide references across as many areas of expertise as possible. A maximum of 20 references can be presented in the application for pre-qualification. Use application form available at www.danidacontracts.um.dk

References should reflect the applicants' ability to provide both in-depth and broader analysis within the different subject matters of the four thematic areas of the development strategy as well as thorough relevant experience with the stages of the programme cycle, which the framework agreement covers.
For minimum requirements please consult III.2.2) and III.2.3)
A description of the applicant's approach to quality assurance and how it will comply with Danida's anti-corruption Code of Conduct and the principles of the UN Global Compact during implementation will be requested from the prequalified tenderers and form part of the tender evaluation.
II.1.6)Common procurement vocabulary (CPV)

75211200, 71800000, 79410000, 90712400, 90712500, 90712000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
A four year Framework Agreement with an estimated total value of approximately DKK 80 million.
Estimated value excluding VAT:
Range: between 40 000 000 and 80 000 000 DKK
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
None
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
None for the overall Framework Agreement. In connection with individual contracts entered into under the Framework Agreement, the winner of the contract will be required to take out before commencement and maintain for the duration of the liability period, at its own cost, a professional risk indemnity insurance equal to twice the total contract amount or as otherwise defined in the tender dossier.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
A group of economic operators will be required to enter a joint venture agreement;
Where a joint venture is proposed, the Ministry of Foreign Affairs of Denmark will require that all members of the joint venture are jointly and severally liable; the joint venture will be represented by one member who will act as its sole spokesperson with regard to the Framework Agreement. Each individual assignment must also have a designated contact person to liase with the Ministry during the execution of the assignment. The joint venture is free to determine whether this should be the same person/member of the joint venture.
Applicants who apply as a joint venture shall each provide the documentation required under III.2) below;
If the candidate is a joint venture, the joint venture shall, as a whole, meet the minimum conditions related to economic and financial standing and technical and professional ability required under III.2.2) and III.2.3) below.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: In connection with the individual contracts under the framework agreement, the Consultant will be required to perform the services in compliance with the Danida Anti-corruption Code of Conduct and the principles of the UN Global Compact.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: No restrictions on nationality;
In situations where conflict of interest occurs, candidates may be excluded from participation, e.g. any candidate (if a joint venture any of the members) or expert participating in the preparation of a project must be excluded from participation in the tender, unless the involvement does not constitute unfair competition;
Any candidate who has been the subject of a conviction by final judgment of which the Contracting Authority is aware for one or more of the reasons listed in Article 45, 1 in the Directive shall be excluded;
Any candidate may be excluded from participation in a contract if any of the cases specified in Article 45, 2 apply to that candidate or tenderer;
The candidate, and in the case of the candidate being a joint venture each member and other legal entities, shall furthermore sign a solemn declaration (included in the Pre-qualification application form) providing sufficient evidence that none of the cases specified in Article 45, 2, (e) and (f) in the Directive applies to any of the legal entities making this application.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (a) Annual turnover of the Candidate for the three most recent accounting years
If the Candidate is a joint venture, the application form shall list the annual turnover for the three most recent accounting years for each member of the joint venture.
Minimum level(s) of standards possibly required: If the Candidate is a joint venture, the joint venture shall, as a whole, meet the minimum conditions related to economic and financial standing and technical and professional capacity.
(a) An annual turnover of DKK 15 million each year for the last three accounting years.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
(a) List of similar services provided in the last three years;
Minimum level(s) of standards possibly required:
If the Candidate is a joint venture, the joint venture shall, as a whole, meet the minimum conditions related to economic and financial standing and technical and professional capacity.
(a) The applicant must show by way of project references that they have entered or finalized contracts in the last three years covering the following:
- Minimum 3 relevant contracts for identification or formulation
- Minimum 3 relevant contracts for appraisal or review
- Minimum 4 from Africa
- Minimum 2 from Asia
One project reference may cover more than one requirement.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 9
Objective criteria for choosing the limited number of candidates: Most relevant and most comprehensive project references, cf. III.2.3 (a), in relation to II.1.5)
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
104.X.25-5
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
9.12.2013 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
Any legal entity may only submit 1 application.

The applications shall be submitted using the application form available under 'Contract Documents' on www.danidacontracts.um.dk. The title of the application form is 'Framework agreement - request to participate - application form'. Applications not using the application form will not be accepted.

A Candidate may, where appropriate and for a particular contract, rely on the capacities of other entities (to meet possible minimum requirements concerning economic and financial standing, and technical and/or professional ability as specified in the Contract Notice), 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 example, by producing an undertaking by those entities to that effect. Such entities, for instance the parent company of the candidate, must respect the same rules of eligibility, and must comply with the conditions as stated in the contract notice;
It is expected that 9 operators will be pre-qualified.
Additional information regarding the Framework Agreement will be included in the tender document, which will only be sent to those applicants that are prequalified.
In connection with the individual contracts under the framework agreement, the Consultant will be required to perform the services in compliance with the Danida Anti-corruption Code of Conduct and the principles of the UN Global Compact.
Considering the new approach to programming, the estimated value of purchases under this framework agreement should only be considered as an estimate.
In connection with an individual call for proposals situations may occur where the Client will consider an entity to have a conflict of interest. Conflicts of interest will be judged on a case-by-case basis. It will be up to the Client to decide whether there is a conflict of interest preventing the entity from bidding on or entering into the contract.
The Consultant must also assess whether there are any potential conflicts of interest associated with performing an assignment, and notify the Client accordingly.
If an entity has carried out the formulation of a programme or part thereof, the same entity should not undertake the appraisal hereof.
It is expected that an entity that has a conflict of interest will inform the Client hereof.
In connection with an individual call, an entity shall not be eligible for the assignment if this would conflict with their prior or current obligations to other Clients, or may place them in a position of not being able to carry out the assignment in the best interest of the Client.
In connection with an individual call, an entity may be disqualified from tendering and entering into an individual agreement under the circumstances set forth below:
(i) Conflict between consulting activities and supply of goods or carrying out works or other services for the component/project.
(ii) Conflict with consulting assignments related to the component/project.
(iii) Conflict stemming from relationship with the Client's or the Recipients Staff.
In connection with an individual call, an entity shall not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Client shall provide to all entities all available information that would in that respect give an entity a competitive advantage over the other Tenderers.
An entity holding a framework agreement will in general be expected to submit a proposal in connection with the call for proposals. However, the Client recognizes that there will be situations where an entity will decide not to bid for a contract, e.g. for an appraisal in order not to have a conflict of interest in connection with a later tender regarding the same programme. If an entity consistently refrains from submitting proposals, the Client reserves the right to cancel the framework agreement with that particular entity.
In situations where an entity on the Framework decides not to bid for a contract, that entity or members thereof may in those situations act as a sub-consultant to other entities on the framework for a particular contract unless the Client finds that it unfairly influences or narrows competition.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Dahlerups Pakhus Langelinie Allé 17
2100 Copenhagen Ø
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291000
Internet address: http://www.klfu.dk

VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen (Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
Fax: +45 41715100

VI.5)Date of dispatch of this notice:
1.11.2013