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Services - 459393-2021

10/09/2021    S176

Ethiopia-Addis Ababa: Administration, defence and social security services

2021/S 176-459393

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Embassy of Denmark, Ethiopia
National registration number: 43271911
Postal address: Bole Subcity, Woreda 03 (Bole – 03), P.O.Box 12955, 629 Street, House no. 99_11
Town: Addis Ababa
NUTS code: ET Ethiopia
Postal code: 12955
Country: Ethiopia
Contact person: Ida-Marie Ulbæk
E-mail: tge@bechbruun.com
Internet address(es):
Main address: https://www.ethics.dk/ethics/eo#/d224f6b1-368f-4bf6-ac87-54f2bbdd73e7/homepage

Section II: Object

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

Strengthening Ethiopia’s Capacity and Regional Engagement on Counter Money Laundering and Illicit Financial

Reference number: 2018-25541
II.1.2)Main CPV code
75000000 Administration, defence and social security services
II.1.3)Type of contract
Services
II.2)Description
II.2.1)Title:

Strengthening Ethiopia’s Capacity and Regional Engagement on Counter Money Laundering and Illicit Financial

II.2.2)Additional CPV code(s)
75211200 Foreign economic-aid-related services
79111000 Legal advisory services
79212400 Fraud audit services
79221000 Tax consultancy services
79412000 Financial management consultancy services
79632000 Personnel-training services
79633000 Staff development services
II.2.3)Place of performance
NUTS code: ET Ethiopia
Main site or place of performance:

Ethiopia

II.2.4)Description of the procurement at the time of conclusion of the contract:

The objective of the assignment is provision of technical assistance to the Government of Ethiopia in order to support the development of Ethiopia’s institutional capacity in Anti Money Laundering (AML), Combating the Financing of Terrorism (CFT), while contributing to full compliance with FATF standards.

It is further an objective to, throughout the programme, to support the institutional capacity of both Ethiopian Financial Intelligence Centre (EFIC) and the Federal Attorney General (AG) by deeding their capacity to deter, detect and punish facilitators, initiators and beneficiaries of illicit financial flows.

As part of the Danish Peace and Stabilisation Programme for the Horn of Africa (2018–2022), Denmark will provide support to the Thematic Programme on Promote exercise of authority across regional land and maritime borders. In order to ensure sustainability and effective interventions, the capacity building and in the form of technical assistance to the relevant Ethiopian government institutions has been included.

The overall purpose of the provision of technical assistance is to enhance the capacity of relevant government staff in the Financial Intelligence Centre (EFIC), Federal Attorney General (AG) and to relevant institutions in the financial sector including the private financial sector and the justice sector to:

— enhance the role of the reporting entities in the AML/CFT regime,

— facilitate for assessing the existing national AML/CFT regime against the FATF requirements, which include the AML/CFT Proclamation No. 780/2013 and related regulations and directives,

— improving the national legal framework through different activities including drafting new legislation and amending the existing legislation based on the dynamic nature of the international system,

— extend the role of Designated Non-Financial Businesses and Professions (DNFPBs): accountants, real-estates, precious metals, and other DNFPBs.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 38
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2019/S 091-220054

Section V: Award of contract/concession

Contract No: 1
Title:

Strengthening Ethiopia’s Capacity and Regional Engagement on Counter Money Laundering and Illicit Financial

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
08/05/2019
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Tana Copenhgen ApS
Postal address: Kompagnistræde 37, 1st floor
Town: Copenhagen
NUTS code: DK Danmark
Postal code: 1208
Country: Denmark
E-mail: info@tanacph.dk
Internet address: www.tanacopenhagen.com
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: BGS Ltd
Postal address: 2nd Floor, one Croydon, 12-16 Addiscombe Road
Town: Croydon
NUTS code: UK United Kingdom
Postal code: CR 0XT
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.3)Name and address of the contractor/concessionaire
Official name: Amicus Legal Consultants
Postal address: 10 Anderson Drive
Town: Aqshford, Middlesex
NUTS code: UK United Kingdom
Postal code: TW15 1BE
Country: United Kingdom
The contractor/concessionaire is an SME: yes
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 13 995 600.00 DKK

Section VI: Complementary information

VI.3)Additional information:

The tender procedure is governed by Danish law and the rules applicable hereunder.

An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/46419/the-public-procurement-act.pdf

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within:

45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU,

The complainant must at the same time notify the contracting authority that an action has been submitted to the Danish Complaints Board for Public Procurement.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk
VI.5)Date of dispatch of this notice:
07/09/2021

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
75000000 Administration, defence and social security services
VII.1.2)Additional CPV code(s)
75211200 Foreign economic-aid-related services
79111000 Legal advisory services
79212400 Fraud audit services
79221000 Tax consultancy services
79412000 Financial management consultancy services
79632000 Personnel-training services
79633000 Staff development services
VII.1.3)Place of performance
NUTS code: ET Ethiopia
Main site or place of performance:

Ethiopia

VII.1.4)Description of the procurement:

The objective of the assignment is provision of technical assistance to the Government of Ethiopia in order to support the development of Ethiopia’s institutional capacity in Anti Money Laundering (AML), Combating the Financing of Terrorism (CFT), while contributing to full compliance with FATF standards.

It is further an objective to, throughout the programme, to support the institutional capacity of both Ethiopian Financial Intelligence Centre (EFIC) and the Federal Attorney General (AG) by deeding their capacity to deter, detect and punish facilitators, initiators and beneficiaries of illicit financial flows.

As part of the Danish Peace and Stabilisation Programme for the Horn of Africa (2018–2022), Denmark will provide support to the Thematic Programme on Promote exercise of authority across regional land and maritime borders. In order to ensure sustainability and effective interventions, the capacity building and in the form of technical assistance to the relevant Ethiopian government institutions has been included.

The overall purpose of the provision of technical assistance is to enhance the capacity of relevant government staff in the Financial Intelligence Centre (EFIC), Federal Attorney General (AG) and to relevant institutions in the financial sector including the private financial sector and the justice sector to:

— enhance the role of the reporting entities in the AML/CFT regime,

— facilitate for assessing the existing national AML/CFT regime against the FATF requirements, which include the AML/CFT Proclamation No. 780/2013 and related regulations and directives,

— improving the national legal framework through different activities including drafting new legislation and amending the existing legislation based on the dynamic nature of the international system,

— extend the role of Designated Non-Financial Businesses and Professions (DNFPBs): accountants, real-estates, precious metals, and other DNFPBs.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 44
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 16 995 600.00 DKK
VII.1.7)Name and address of the contractor/concessionaire
Official name: Tana Copenhgen ApS
Postal address: Kompagnistræde 37, 1st floor
Town: Copenhagen
NUTS code: DK Danmark
Postal code: 1208
Country: Denmark
E-mail: info@tanacph.dk
Internet address: www.tanacopenhagen.com
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: BGS Ltd
Postal address: 2nd Floor, one Croydon, 12-16 Addiscombe Road
Town: Croydon
NUTS code: UK United Kingdom
Postal code: CR 0XT
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.1.7)Name and address of the contractor/concessionaire
Official name: Amicus Legal Consultants
Postal address: 10 Anderson Drive
Town: AQshford, Middlesex
NUTS code: UK United Kingdom
Postal code: TW15 1BE
Country: United Kingdom
The contractor/concessionaire is an SME: yes
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

Previous modifications:

Addendum 1 concerns the replacement of an employee, which has taken place in accordance with section 7.02 of the contract “Replacement of Key Staff”.

Addendum 2 concerns the transfer of unused funds from phase 1 to phase 2 and was conducted in accordance section 180 of the Public Procurement Act. The funds transferred from phase 1 to phase 2 did not change the original value of the contract and the value transferred between phase 1 and phase 2 did not exceed 10% of the original contract value.

Modifications to the contract:

As a result of the COVID-19 pandemic, the entire program “Peace and Stabilisation Programme for the Horn of Africa 2018-2022, phase 3” (FSP HoA III), including this contract, has been delayed and the implementation of activities has been delayed. As result of unforeseen circumstances (COVID-19), the Parties deem it is necessary to

1) extend the Contract period until the end of 2022 (approximately 6 months),

2) reallocate funds from other projects conducted under the program FSP HoA III to this contract, and

3) transfer unallocated funds from the FSP HoA III programme to this contract

in order ensure already planned activities are carried out and implemented in the FSP HoA III program.

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

The modifications to the contract are conducted accordance with article 183 of the Public Procurement Act, as

• the need to extend the contract and increase the contract price is a direct consequence of the COVID-19 pandemic, as planned activities under the FSP HoA III program have been delayed, including activities in this project. Due to COVID-19, there are a number of activities that have not yet been implemented in other projects, and to ensure the implementation of the planned activities, it is deemed necessary to transfer unallocated funds and reallocate funds to this project. The need to amend the contract is a consequence of external circumstances and could not have been foreseen by a reasonable and diligent contracting authority

• the overall project / the overall nature of the contract is not changed

• the overall contract price does not exceed 50 per cent of the value of the original contract

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 13 995 600.00 DKK
Total contract value after the modifications
Value excluding VAT: 16 995 600.00 DKK