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Apartado I: Poder adjudicador
Apartado II: Objeto
81261385 — Sensitisation at Commune Level and Support to Women in Land Rights Matters
Senegal is one of Germany's key partner countries in the context of the ‘Compact with Africa’ and has concluded a reform partnership with Germany in November 2019. In line with the Plan Sénégal Emergent 2019-2023 (PSE II), the objective of this partnership is to support the Senegalese Government's efforts to improve the framework conditions for private sector investment in order to generate more jobs, promote the transition of enterprises into the formal sector, reduce obstacles to private sector development and improve the qualification of the workforce. Land sector reform has been selected as one of the priority areas for 2019 to 2023.
The project ‘Support to land rights and land management in Senegal’ is part of the German government's commitment to support the priority area ‘Access to Land’ and is implemented by the German Development Cooperation (GIZ).
Land tenure in Senegal is currently managed in a dualist way based on:
(i) a formal legal framework that has been progressively elaborated since independence; and
(ii) customary practices that are based on traditional land law and continue to prevail in most parts of the country.
Senegal's current reform efforts aim at establishing a national land register in which all land is clearly registered with a specific identification number (cadastral identification number, NICAD). Despite these reform efforts, the legal and regulatory framework does not yet meet the requirements to effectively secure land rights while avoiding negative impacts, especially on women. In particular, family rights registration, pastoral land rights registration, communal property management and the need for communes to reserve public spaces have not yet been sufficiently addressed. National, regional and especially commune-level authorities lack capacities to monitor, plan and implement procedures for an effective enforcement of the land law. Communal decision-makers as well as decentralised services and private sector actors have limited knowledge of the various procedures and the reform steps planned.
The project therefore aims at strengthening capacities for the protection of land rights.
The project will work at national, regional and local level and cover 10 communes in the regions of Kaffrine and Kaolack between 06/2020 and 05/2023 (3 years).
Pilot communes will be selected in close consultation with the Senegalese partners as well as World Bank and KfW at the beginning of the project. The project will work directly with commune authorities whose capacities to ensure the formalization of traditional user rights and undertake the necessary preparatory work are mostly limited.
The overall goal reads as follows: National and deconcentrated services, local authorities and local actors are able to improve land tenure security for the local population in selected regions in Senegal. In order to achieve this objective, the following outputs have been defined:
1) land governance and land management in pilot communes is improved;
2) capacities to implement procedures to improve land security in decentralised services as well as in the private and education sector are strengthened;
3) the legal and regulatory framework for land security is improved.
For the implementation phase, the project seeks support by a consulting company working in this specific technical field.
Scope of the contract to be awarded after this tender procedure to a consulting company:
The overall objective of this assignment is to support the implementation of the land law reform process in 10 communes in the Kaffrine and Kaolack regions. To that purpose, a pool of international and national experts shall provide expertise over a contract's duration of 2 years with an input of up to 1 000 expert days in and outside Senegal.
As the overall reform process may not develop in a linear way and cannot be planned in full detail, the assignment requires a flexible, iterative and adaptive approach on the part of the contractor. Responsibility for the facilitation of the dialogue with political partners in cooperation with World Bank lies with GIZ. The contractor will be responsible for supporting the implementation of reforms in selected communes, for communicating achievements and progress to the local population and commune-level decision-makers and for documenting local perspectives on land issues to inform the reform process at national level. The main work packages of the contractor include
1) Design and implementation of an inception phase
An inception phase of six month after the conclusion of the contract is planned to gather all necessary information at local level and adapt the concept accordingly. During this phase, local actors suitable for cooperation will be identified and a communications strategy developed.
2) Outreach and sensitisation of the population on land rights, in particular on new opportunities resulting from the reform process (especially women's rights)
The contractor will be responsible for sensitising and informing decision-makers and the population of the ten pilot communes about the ongoing progress of the reform process and new procedures arising from it with a particular focus on women's land rights. To this effect, the contract will develop information, education and communication material that is tailored to the needs of the target groups. To strengthen women's land rights and mitigate negative impacts on women's access to land when user rights are formalised under traditional law, specific measures should be designed to train and support women specifically with regard to legal options as well as value appreciation.
The contractor shall develop a gender-sensitive and transformative approach, applying innovative methodologies to stimulate social transformation and change discriminatory attitudes and values.
3) Documenting local perspectives on the reform process/feedback loops
Working closely with the population and leaders of the ten pilot communes, the contractor will collect valuable information on the views and perspectives of the local population on land rights, including those of women. This information will feed into the political dialogue. It needs to be prepared in a timely and systematic manner and made available to GIZ and its partners. The contractor will ensure an inclusive process that comprises the views of diverse population groups.
4) Support to women and other vulnerable groups in claiming and improving land rights (especially new and expanded opportunities in the reform process, but also existing options such as GIEs).
Some population groups, particularly women and pastoralists, do not have access to legal assistance to help them claim their land rights. The contractor is responsible for the development of a strategy for mobile legal counselling, the identification and training of legal counselors and the provision of legal support in 10 pilot communes. Legal advice should cover both existing land rights as well as new opportunities arising from the ongoing reform process.
5) Support to economic interest groups (GIE) in land use
Collective access to land for women is promoted through the formation of economic interest groups. The development of these areas is a precondition for the GIE to retain these rights after the first two 2 years. This often requires technical support and small-scale measures e.g. in the field of agriculture, micro-finance or similar. The contractor will be responsible for supporting GIEs created by women in the 10 pilot communes, addressing their needs in terms of technical support and equipment and for providing technical advice to the GIEs throughout the project period.
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.
Apartado III: Información de carácter jurídico, económico, financiero y técnico
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.
1) average annual turnover for the last 3 years: at least EUR 1 800 000.
2) number of employees as at 31.12 of the previous year: at least 10 persons;
1) at least three reference projects in the technical field of land rights of which two with gender focus, plus (or out of which) three reference projects in Western Africa, started or ended within the last 3 years;
2) each reference project must have a minimum commission value of EUR 300 000.
Apartado IV: Procedimiento
Apartado VI: Información complementaria
The communication takes place exclusively via the project area of the portal.
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.