Services - 34195-2022

21/01/2022    S15

Germany-Eschborn: Counselling services

2022/S 015-034195

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
Postal address: Dag-Hammarskjöld-Weg 1 - 5
Town: Eschborn
NUTS code: DE71A Main-Taunus-Kreis
Postal code: 65760
Country: Germany
E-mail: vergabe@bho-legal.com
Telephone: +49 2212709560
Fax: +49 221270956222
Internet address(es):
Main address: https://www.giz.de
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://ausschreibungen.giz.de/Satellite/notice/CXTRYY6YSCX/documents
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://ausschreibungen.giz.de/Satellite/notice/CXTRYY6YSCX
I.4)Type of the contracting authority
Other type: Legal person governed by private law (gemeinnützige GmbH) wholly owned by the Federal Republic of Germany
I.5)Main activity
Other activity: International Development Cooperation

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

81279726-Legal and transaction advisory GETPro - Covenant of Mayors in Sub-Saharan Africa.

Reference number: 81279726.
II.1.2)Main CPV code
85312320 Counselling services
II.1.3)Type of contract
Services
II.1.4)Short description:

The Covenant of Mayors in Sub-Saharan Africa (CoM SSA) initiative supports Sub-Saharan African cities and local governments in their fight against climate change and to ensure access to clean energy. Under the CoM SSA, local authorities are invited to make a voluntarily political commitment to plan and implement climate and energy actions. As of today, over 250 local administrations have joined the CoM SSA, and more are in the process of becoming signatories.

The Covenant of Mayors in Sub-Saharan Africa is co-funded by the European Union (EU) and the German Ministry for Economic Development and Cooperation (BMZ). It is co-implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the Agence Française de Développement (AFD), Expertise France and the Agencia Española de Cooperación Internacional para el Desarrollo (AECID).

The project supports signatory local administrations to increase access to sustainable energy for urban populations and implement local actions to combat climate change and its impacts through three areas:

1. Sustainable Energy and Climate Action Plans (SEACAP) Development;

2. Support urban energy and climate-related infrastructure investments; and

3. Promoting city-to-city cooperation and enhance learning from good practices.

Currently, the GIZ support to CoM SSA is extended to selected CoM SSA signatories in Burkina Faso, Cameroon, Kenya, and Nigeria on the above three areas.

GIZ CoM SSA supports local governments in the project development and infrastructure investment process in two windows - early stage (up till prefeasibility) and late stage (feasibility and beyond). To this end, the GIZ CoM SSA has employed the following modes of technical assistance for local governments:

- Technical advisory on climate and energy planning at the city level

- Technical advisory on early-stage project development: Defining project concepts, identifying project structure, relevant data collection, developing technical assessments such as pre-feasibility studies, identification of business models, and other relevant technical advisory required to support the development of investable projects.

- Financial advisory: Beyond the individual cities" projects, GIZ CoM SSA has assessed the enabling environment of climate finance in focus countries - covering the extent of decentralisation in the country, financing opportunities for focus sectors, ability of local governments to access national and international financing for projects. This feeds into advising individual projects on developing a roadmap towards access to finance.

- Capacity building through trainings and exchanges with other CoM SSA local governments as well as relevant partners (incl. national ministries, private sector, financiers etc)

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
71313000 Environmental engineering consultancy services
73220000 Development consultancy services
79110000 Legal advisory and representation services
79111000 Legal advisory services
79140000 Legal advisory and information services
79411100 Business development consultancy services
90713000 Environmental issues consultancy services
II.2.3)Place of performance
NUTS code: BF Burkina Faso
Main site or place of performance:

00000 Sub-Saharan Africa

II.2.4)Description of the procurement:

CoM SSA project support has so far focused on the early stages of project development - from the project concept definition up till pre-feasibility studies. These relevant studies can identify the appropriate technologies and governance structures for a project and set the ground for financing and implementation. The successful development of projects requires a clear understanding of the country"s decentralisation system, relevant regulations and mandates that apply to local governments in the given sector.

In order to take the projects to the next step (and ideally beyond to realisation), GETPro - Covenant of Mayors in Sub-Saharan Africa (the contracting party) will assist LGs in developing the projects by providing legal assistance via the scope of work of the contractor. The contractor shall support the development of bankable climate projects by providing legal advisory services to CoM SSA signatories and relevant project promoters for identified projects across target countries in the project preparation cycle. The contractor will provide advisory services to selected local governments on regulatory matters, draft contracting documents, and feed into the capacity building measures taken by the principal.

The proposed support is structured along two windows:

1.) Pre-implementation. This support will be offered to projects that are in the concept phase, starting earliest from proposed project ideas of the local government, to define the project and the financial and governance vehicle. It will end with a clear roadmap developed towards the pre-feasibility/feasibility stage.

2.) Implementation. This support will be offered to projects at the pre-feasibility stage or later, with existing concrete financing prospects. The contractor will provide guidance into legal and regulatory aspects in relation to the feasibility of projects, setting up organisational structures, contracting documents, or advising on legal permits. It will end once the project has developed a clear roadmap towards financial closure.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/04/2022
End: 30/09/2022
This contract is subject to renewal: yes
Description of renewals:

Type and scope: it is possible that the CoM SSA will be extended beyond the duration of the current phase in a cost-neutral manner. Should this materialise, this may result in a cost-neutral extension of the contract.

Requirements: this scenario will materialise as contributors to CoM SSA request the continuation of this service beyond the currently stipulated contract duration.

The option is exercised in the form of an extension to the contract based on the already offered individual rates, without an extension of costs.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

GIZ may optionally commission contract amendments and/or increases based on the criteria in the tender documents to the successful bidder of this tender. For details, please see the terms of reference.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

CRIS No. 2018/401-471

II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

1. Trading name and address, commercial register number.

2. Eligibility declaration that no grounds for exclusion in Section 123, 124 of the German Act Against Restraints of Competition (GWB) apply.

3. Eligibility declaration subcontractors if applicable.

4. Association clause if applicable.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

1. Average annual turnover for the last three years (last-but-four financial year can be included in case of tenders held within 6 months of end of last financial year), at least: 500.000 EUR

2. Average number of employees and managers in the last three calendar years, at least 10 persons

Minimum level(s) of standards possibly required:

1. Average annual turnover for the last three years (last-but-four financial year can be included in case of tenders held within 6 months of end of last financial year), at least: 500.000 EUR

2. Average number of employees and managers in the last three calendar years, at least 10 persons

III.1.3)Technical and professional ability
List and brief description of selection criteria:

1. The technical assessment is only based on reference projects with no minimum commission value.

2. At least 5 reference projects in the technical field legal aspects of urban or infrastructure projects and at least 5 reference projects in Africa in the last 3 years

Minimum level(s) of standards possibly required:

1. The technical assessment is only based on reference projects with no minimum commission value.

2. At least 5 reference projects in the technical field legal aspects of urban or infrastructure projects and at least 5 reference projects in Africa in the last 3 years

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 18/02/2022
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 31/07/2022
IV.2.7)Conditions for opening of tenders
Date: 18/02/2022
Local time: 12:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic ordering will be used
VI.3)Additional information:

The communication takes place exclusively via the project area of the portal.

Bekanntmachungs-ID: CXTRYY6YSCX

VI.4)Procedures for review
VI.4.1)Review body
Official name: Die Vergabekammern des Bundes
Postal address: Villemombler Straße 76
Town: Bonn
Postal code: 53123
Country: Germany
E-mail: vk@bundeskartellamt.bund.de
Telephone: +49 2289499-0
Fax: +49 2289499-163
Internet address: https://www.bundeskartellamt.de
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

According to Article 160, Section 3 of the German Act Against Restraint of Competition (GWB), application for review is not permissible insofar as

1. the applicant has identified the claimed infringement of the procurement rules before submitting the application for review and has not submitted a complaint to the contracting authority within a period of 10 calendar days; the expiry of the period pursuant to Article 134, Section 2 remains unaffected,

2. complaints of infringements of procurement rules that are evident in the tender notice are not submitted to the contracting authority at the latest by the expiry of the deadline for the application or by the deadline for the submission of bids, specified in the tender notice.

3. complaints of infringements of procurement rules that first become evident in the tender documents are not submitted to the contracting authority at the latest by the expiry of the deadline for application or by the deadline for the submission of bids,

4. more than 15 calendar days have expired since receipt of notification from the contracting authority that it is unwilling to redress the complaint.

Sentence 1 does not apply in the case of an application to determine the invalidity of the contract in accordance with Article 135, Section 1 (2). Article 134, Section 1, Sentence 2 remains unaffected.

VI.5)Date of dispatch of this notice:
18/01/2022