EDF — Support to the National Legal Aid Service of the Department of Justice under the programme for legal empowerment and aid delivery (PLEAD)

Country: Kenya
Language: EN
Number: 4465235
Publication date: 26-09-2017
Source: TED


1.Publication reference:EuropeAid/139110/DH/SER/KE.


3.Programme title:PLEAD — programme for legal empowerment and aid delivery.

4.Financing:Financing agreement: KE/FED/037-676.

5.Contracting authority:European Union, represented by the European Union Delegation to the Republic of Kenya on behalf of and for the account of the Republic of Kenya, Nairobi, KENYA

6.Nature of contract:Fee-based.

7.Contract description:The program for legal empowerment and aid delivery in Kenya (PLEAD) aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels with a specific result outcome to enhance legal aid and assistance especially for the poor and vulnerable. A subcomponent of PLEAD calls for support to the National Legal Aid Service under the Department of Justice (DoJ) to provide legal services in 12 focal counties of Kenya.The proposed technical assistance that is the subject of this tender addresses a combined technical assistance package that will provide 3 categories of TA:1. a permanent key expert to serve for the total duration of the PLEAD project (indicatively 57 months) which will assist the DoJ in implementing the new legal aid bill through an EU programme estimate. The expert will need to start immediately upon award of contract;2. 2 experts (indicatively a monitoring and evaluation expert and a regulatory drafting advisor) to begin immediately upon award of the contract; and3. an ongoing technical assistance facility (STTA) to provide short-term technical assistance on an on-demand basis as needed during the term of the PLEAD project.

8.Number and titles of lots:1 lot only.

9.Maximum budget:2 450 000 EUR.

10.Scope for additional services:The contracting authority may, at its own discretion, extend the project in duration and or scope subject to the availability of funding up to the estimated amount of approximately 1 500 000 EUR. Any extension of the contract would be subject to satisfactory performance by the contractor.

11.Eligibility:Participation in tendering is open on equal terms to natural and legal persons (participating either individually or in a grouping — consortium — of tenderers) which are established in a Member State of the European Union, ACP States or in a country or territory authorised by the ACP–EC Partnership Agreement under which the contract is financed (see also item 29 below). Participation is also open to international organisations.

12.Candidature:All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the contracting authority.The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.

13.Number of applications:No more than 1 application may be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as a leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than 1 application, all applications in which that person has participated will be excluded.

14.Shortlist alliances prohibited:Any tenders received from tenderers comprising firms other than those mentioned in the shortlisted application forms will be excluded from this restricted tender procedure unless prior approval from the contracting authority has been obtained (see ‘Practical Guide’ — PRAG 2.4.3). Shortlisted candidates 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 listed in Section 2.3.3 of the PRAG.

16.Subcontracting:Subcontracting is allowed.

17.Number of candidates to be shortlisted:On the basis of the applications received, between 4 and 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.Provisional date of invitation to tender:November 2017.

19.Provisional commencement date of the contract:January 2018.

20.Initial period of implementation of tasks:57 months.

21.Selection criteria:The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single-member companies when they are subcontractors:Legal and natural persons:1) Economic and financial capacity of candidate (based on item 3 of the application form). In the case of the candidate being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last 3 years for which accounts have been closed:1.1. the average annual turnover of the candidate must exceed the annualised maximum budget of the contract i.e., the maximum budget stated in the contract notice divided by the initial contract duration in years;1.2. current ratio (current assets/current liabilities) in the last 3 years for which accounts have been closed must be at least 1. In case of a consortium this criterion must be fulfilled by each member.2) Professional capacity of candidate (based on items 4 and 5 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:2.1. at least 2 of permanently contracted staff are currently working for the candidate in fields related to this contract.3) Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last 5 years from the submission deadline:3.1. the candidate (i.e. the consortium as a whole, in the case of application by a consortium) shall demonstrate an existence of at least 5 years of professional experience in the field of the contract;3.2. during the reference period, the candidate has provided services under at least 3 contracts in developing countries for which the source of funding was an OECD donor;3.3. during the reference period, the candidate has successfully provided services under at least 1 contract with a contract value of 2 500 000 EUR in capacity building of public institutions, policy dialogue and governance in the justice sector (provide the project budget under ‘Detailed description of project’ in Section 6 of the application form);3.4. during the reference period, the candidate has successfully provided services in the justice sector in a development country where an informal justice sector is present.This means that the project the candidate refers to could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Candidates/tenderers are allowed to refer either to projects completed within the reference period (although started earlier) or to projects not yet completed. In the first case the project will be considered in its whole if proper evidence of performance is provided (statement or certificate from the entity which awarded the contract, proof of final payment). In the case of projects still ongoing only the portion satisfactorily completed during the reference period although started earlier will be taken into consideration. This portion will have to be supported by documentary evidence (similarly to projects completed) also detailing its value. If a candidate/tenderer has implemented the project in a consortium, the percentage that the candidate/tenderer has successfully completed must be clear from the documentary evidence, together with a description of the nature of the services provided if the selection criteria relating to the pertinence of the experience have been used.Previous experience which caused breach of contract and termination by a contracting authority shall not be used as reference.An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, 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 performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality — and must fulfil the same relevant selection criteria as the economic operator. With regard to technical and professional criteria, an economic operator may only rely on the capacities of other entities where the latter will perform the works or services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies become jointly and severally liable for the performance of the contract.If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the 8 best candidates. The only factors which will be taken into consideration during this re-examination are:1. the number of projects that meet selection criterion 21.3)3.3. 1 point for each such project; up to 5 points will be gained at maximum;2. the number of projects that meet selection criterion 21.3)3.4 and whereby legal aid service provision was part of the focus. 1 point for each such project; up to 5 points will be gained at maximum;3. if the above criteria results again in the selection of more than 8 eligible candidates, the 8 candidates with the highest cumulative value of contracts in criterion 2 above will be retained.

22.Award criteria:Best price-quality ratio.

23.Deadline for receipt of applications:30.10.2017 (16:30), local time.Any application received by the contracting authority after this deadline will not be considered.

24.Application format and details to be provided:Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following Internet address:http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=BThe application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following Internet 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 submitted in English exclusively to the contracting authority in a sealed envelope:• either by recorded delivery (official postal service) to:EU Delegation to the Republic of Kenya, attention: the Chairperson of the Evaluation Committee TA PLEAD, Union House, Ragati Road, PO Box 45119, 00100 Nairobi, KENYA.In this case, the delivery record is proof of compliance with the time limit for receipt,• or hand delivered (including courier services) directly to the contracting authority in return for a signed and dated receipt to:EU Delegation to the Republic of Kenya, attention: the Chairperson of the Evaluation Committee TA PLEAD, Union House, Ragati Road, PO Box 45119, 00100 Nairobi, KENYA. Tel. +254 (0)20 2802000.The Delegation is open Monday to Thursday 7:45–16:30, Friday 7:45–14:15.In the case of hand delivery, the acknowledgment of receipt is proof of compliance with the time limit for receipt.The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the contracting authority.Applications submitted by any other means will not be considered.By submitting an application candidates agree to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the application.

26.Alteration or withdrawal of applications:Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with item 25. The outer envelope (and the relevant inner envelope if used) must be marked ‘Alteration’ or ‘Withdrawal’" as appropriate.

27.Operational language:All written communication for this tender procedure and contract must be in English.

28.Date of publication of prior information notice:22.7.2017.

29.Legal basis:Annex IV to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23.6.2000 as amended in Luxembourg on 25.6.2005 and in Ouagadougou on 22.6.2010. Reference is made to Annex IV as revised by Decision No 1/2014 of the ACP–EU Council of Ministers of 20.6.2014.

30.Additional information:None.