ENI — Technical assistance for the Ministry of Justice and Liberties

Country: Morocco
Language: EN FR
Number: 1462459
Publication date: 19-04-2017
Source: TED
Descripition in original language

Description

1.Publication reference:EuropeAid/138070/DH/SER/MA.

2.Procedure:Restricted.

3.Programme title:Supporting justice reform in Morocco.

4.Financing:Financing agreements ENI/2014/037-371 and ENI/2015/038 617.

5.Contracting authority:The European Union, represented by the European Commission, acting in the name and on behalf of Morocco, Rabat, MOROCCO.

6.Nature of the contract:Mixed: fee-based contract with a lump sum component.

7.Contract description:The technical assistance under this contract aims to support the EU"s programme to support justice reform by:• setting up a support unit at the Ministry of Justice and Liberties (MJL), in order to (i) support it in coordinating the implementation of priority activities to reform the current judicial system and, more specifically, the EU programme to support the sector"s reform; (ii) help build up the institutional capacities of the different MJL directorates and departments in implementing the activities provided for in the reform charter; (iii) promote coherence of the legal system vis-à-vis international standards and conventions ratified by Morocco in this field,• providing experts for short-term assignments in order to provide ad hoc expertise or technical support to assist with implementing certain activities under the EU support programme, as well as carry out studies, surveys, assessments, training, etc. consistent with the aims of the support programme,• assisting with communication activities as regards justice reform and the EU programme to support justice sector reform by developing and implementing a communication plan.

8.Numbers and titles of lots:1 lot.

9.Maximum budget:3 295 000 EUR.

10.Scope for additional services:The contracting authority may, at its own discretion, extend the project duration and/or contract scope subject to availability of funding up to the estimated amount of approximately 500 000 EUR. Any extension of the contract would be subject to satisfactory performance of the tasks by the contractor.

11.Eligibility:Participation in the contract is open to all natural persons and legal entities (participating either individually or in a grouping — consortium — of tenderers) which are established in 1 of the European Union Member States or in a country and territory of the regions as defined in Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11.3.2014 laying down common rules and procedures for the implementation of the Union"s instruments for financing external action, applicable to the aid programme under which the contract is financed (see also point 29 below). Furthermore, participation is open to international organisations.

12.Candidature:Any eligible natural person or legal entity (as defined in point 11 above) or grouping of said parties (consortium) may apply.A consortium may be a permanent, legally established grouping or a grouping constituted informally for a specific tender procedure. All the members of a consortium (i.e. lead company and all other members) shall be jointly and severally liable vis-à-vis the contracting authority.Should an ineligible natural person or legal entity (as defined in point 11) take part, the application concerned will be automatically disqualified. If said party belongs to a consortium, its disqualification will entail the disqualification of the consortium as a whole.

13.Number of applications:Natural persons or legal entities may submit 1 application only, irrespective of whether they take part as a sole legal entity, or as a lead company or member of a consortium submitting an application. Should a natural person or legal entity submit more than 1 application, all the applications involving said party will be disqualified.

14.Prohibition on alliances between shortlisted tenderers:Tenders which include companies not mentioned on the application forms used to compile the shortlist will be disqualified from this restricted procedure unless prior approval from the contracting authority has been obtained (see section 2.4.3 of the Practical Guide). Candidates invited to tender may not form alliances or subcontract to each other for the contract in question.

15.Grounds for exclusion:As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations described in section 2.3.3 of the Practical Guide.

16.Subcontracting:Subcontracting is permitted.

17.Number of candidates invited to tender:On the basis of the applications received, at least 4 and at most 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the contracting authority may invite the candidates who satisfy the criteria to submit a tender.

18.Scheduled date for dispatch of invitations to tender:5.6.2017.

19.Commencement date of the contract:1.10.2017.

20.Implementation period for the tasks:36 months.

21.Selection criteria:The following selection criteria will be applied to candidates. Where applications are submitted by a consortium, the selection criteria will apply to the consortium as a whole, unless specifically stipulated otherwise. The selection criteria shall not apply to natural persons and single-member companies working as subcontractors.1) Candidate"s economic and financial capacity (details to be given in section 3 of the application form). If the candidate is a public body, equivalent information must be provided. The reference period taken into account corresponds to the last 3 financial years for which accounts have been closed:1.1. the candidate"s (or where applicable the consortium"s) average annual turnover for the last 3 financial years for which accounts have been closed (2014, 2015 and 2016) and the current financial year (forecast) must exceed 1 100 000 EUR; and1.2. the general liquidity ratio (short-term assets/short-term liabilities) for the last financial year for which accounts have been closed and the current financial year (forecast) must be 1 or more. In the case of a consortium, this criterion must be fulfilled by each member thereof.2) Candidate"s professional capacity (details to be given in sections 4 and 5 of the application form). The reference period corresponds to the 3 financial years prior to the submission deadline:2.1. at least 5 people currently working for the candidate have been involved over the last 2 years (i.e. 2015 and 2016) in implementing cooperation programmes in the governance field;2.2. at least 10 % of all staff working for the candidate in 2016 in fields related to this contract are permanent.3) Candidate"s technical capacity (details to be given in sections 5 and 6 of the application form). The reference period corresponds to the 3 financial years prior to the submission deadline:the tenderer must have provided services in the following fields under 1 or more contracts where the budget was at least equivalent to the one in this contract: governance, justice, strengthening of the rule of law, social sectors, public sector reform, carried out at any time during the reference period: 2009–2016. This means that the project the candidate refers to could have been started or completed at any time during the period given. However, it need not necessarily have been completed during this period, or have been carried out during the whole of said period. Candidates or tenderers may refer to either a project completed during the reference period (although started before this period) or to part of a contract that has not yet been fully carried out. In the first scenario, the project will be considered as a whole, subject to proof of satisfactory performance (statement from the entity having awarded the contract, proof of final payment, etc.). In the case of ongoing projects, only the part which has been successfully carried out by the candidate may be used as a reference. The candidate must be able to provide documentary proof of satisfactory performance of this part (statement from the entity having awarded the contract, proof of final payment, etc.) and the corresponding amount. If the project referred to has been implemented by a consortium, in the event that a selection criterion relating to the relevance of the experience is used, the supporting documents must clearly show the proportion completed by the candidate, as well as a description of the nature of services provided.Previous experience involving a breach of contract and termination by a contracting authority cannot be used as a reference.An economic operator may, if necessary and for a specific contract, make use of the capacities of other entities irrespective of the legal nature of the connection between itself and said entities. In such an event, it must provide the contracting authority with proof that it will have the resources needed to carry out the contract by, for example, producing a written commitment undertaken by said entities to make such resources available. Such entities, for instance the economic operator"s parent company, must observe the same eligibility rules — notably regarding nationality — and meet the same selection criteria as the economic operator. With regard to the technical and professional criteria, an economic operator may only use the capacities of other entities if they carry out the work or provide the services for which said capacities are required. With regard to the economic and financial capacity, the entities whose capacities the tenderer uses become jointly and severally liable for performance of the contract.If more than 8 applications prove to be eligible, i.e. meet all the selection criteria, then the strengths and weaknesses of these candidates" applications must be re-examined to determine which 8 applications are most suitable for the invitation to tender. Only the following factors will be considered in the re-examination:• the most projects in criterion 3.• if several applications have the same number of contracts, such as referred to in criterion 3 above, the deciding criterion will be the total value, in euros, of contracts meeting this criterion,• if several applications have the same contract value, such as referred to in criterion 3 above, the deciding criterion will be the most projects carried out in the southern neighbourhood region.

22.Award criterion:Best value for money.

23.Final date for receipt of applications:22.5.2017 (16:00), local time (Morocco).Any application received after this deadline will not be considered.

24.Applications format and details to be provided:The standard application form must be used for applications. The instructions and format of this form must be strictly adhered to. This application form is available from the following web address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=BThe application must be accompanied by a solemn declaration, concerning the exclusion and selection criteria, using the template available from the following web address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=AAny additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.

25.How applications may be submitted:Applications must be drawn up in French and sent solely to the contracting authority:• either by registered post (official postal service), to the following address:M. Lukas Melka, délégation de l"Union européenne au Maroc, section «Finances, contrats et audits», Riad Business Center, aile sud, boulevard Er Riad, BP 1302, Rabat, MOROCCO. Tel. 212-537-57-98-00. Fax 212-537-57-98-10.In this case, the delivery register will attest to compliance with the final date for receipt of tenders,• or by bearer (including express courier services), delivered straight to the contracting authority, in return for a signed and dated acknowledgement of receipt, at the following address:M. Lukas Melka, délégation de l"Union européenne au Maroc, section «Finances, contrats et audits», Riad Business Center, aile sud, boulevard Er Riad, BP 1302, Rabat, MOROCCO. Tel. 212-537-57-98-00. Fax 212-537-57-98-10.Opening hours: Monday–Thursday: 8:00–12:30, 14:30–17:30, Fridays: 8:00–16:00.In this case, the acknowledgement of receipt will attest to compliance with the final date for receipt of tenders.The contract title and the contract notice number (see point 1 above) must be clearly marked on the envelope containing the application and must be quoted in all subsequent correspondence with the contracting authority.Applications submitted in any other way will not be considered.In submitting an application, candidates accept to be kept informed of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the day it is sent, by the contracting authority, to the e-mail address given in the application.

26.Amendments to or withdrawal of tenders:Tenderers may amend or withdraw their tender by giving notice thereof in writing before the final date for submission of tenders. Tenders cannot be amended once this deadline has passed.Notice of amendment or withdrawal must be drawn up and sent as per the instructions given in point 25. The word "Modification" (amendment) or "Retrait" (withdrawal), as applicable, must be written on the outside envelope (and on the inner envelope, where applicable).

27.Working language:All correspondence concerning this invitation to tender procedure and contract must be in French.

28.Date of publication of the prior information notice:13.5.2016.

29.Legal basis:Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11.3.2014 laying down common rules and procedures for the implementation of the Union"s instruments for financing external action.Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11.3.2014 establishing a European Neighbourhood Instrument.

30.Additional information:The opening hours of the Delegation of the European Union in Morocco are as follows:— Monday–Thursday: 8:00–12:30, 14:30–17:30,— Fridays: 8:00–16:00.Working days in Morocco are from Monday to Friday (weekend: Saturday and Sunday).