Nigeria-Abuja: Technical Assistance of the ‘Support to West Africa Integrated Maritime Security’ project (SWAIMS)

Type of document: Invitation to tender
Country: Nigeria
OJEU Ref: (2017/S 248-522424/EN)
Nature of contract: Service contract
Procedure: Restricted procedure
Regulation of procurement: European Development Fund
Type of bid required: Partial bid

Contract notice
Services
NG-Abuja: Technical Assistance of the ‘Support to West Africa Integrated Maritime Security’ project (SWAIMS)
Location – ECOWAS Region (Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo) as well as Mauritania with a specific focus on coastal countries
SERVICE CONTRACT NOTICE

1.Publication referenceEuropeAid/139331/IH/SER/MULTI2.ProcedureRestricted3.Programme titleSupport to West Africa Integrated Maritime Security (SWAIMS)4.FinancingFinancing agreement ROC/FED/2017/038-9195.Contracting AuthorityThe Regional Authorizing Officer (RAO) for the EDF representing the Economic Community of West African States (ECOWAS), Abuja, Nigeria
CONTRACT SPECIFICATION6.Nature of contractFee-based7.Contract descriptionThe purpose of this assignment is to provide long term and short term Technical Assistance (TA) in the implementation of the SWAIMS programme. The overall objective of this programme is to improve maritime security and safety in the Gulf of Guinea in the ECOWAS Region. The specific objectives are: (1) governance and law enforcement frameworks are strengthened and prosecution and adjudication of maritime crimes are more successful (2) law enforcement operational capacities and responses are strengthened.The Technical Assistance will have general and specific responsibilities to ensure the effective organization of the overall SWAIMS programme and will establish a Project Management Unit in Abuja for the transversal coordination and monitoring of SWAIMS.The Technical assistance will be responsible for:a) the overall coordination of the SWAIMS programme of budget EUR 29 million, in liaison with the implementers of specific components:— UNODC on laws, policies, MoAs for prosecution and adjudication of maritime crimes,— Interpol on the development of a maritime criminal data-sharing database,— GIABA- Inter-Gov. Action Group against Money Laundering in West Africa,— EU Member State Agency Camoes IP on improved operational response and management of the rule of law at sea through the supply of fast response and forensic equipment,— ARSTM/ISMI-Institut de Sécurité Maritime Interrégional and RMU-Regional Maritime University on regional operational training.b) the direct management and implementation of specific activities of the programme, including:— strengthening integrated maritime governance to support maritime security in a selection of ECOWAS coastal countries,— preparing background material for grants to maritime security regional training centres,— engaging the private sector and the civil society in support of CRESMAO,— Other tasks (non-exhaustive) will also include the identification of needs and preparation of ToRs for a study on illicit financial circuits generated by maritime crime and the launching of tenders and assistance with tender evaluation for the supply of equipment to maritime coordination centres.The indicative duration of the Technical Assistance is 48 months.8.Number and titles of lotsOne lot only9.Maximum budget6 280 000,00 EUR10.Scope for additional servicesThe contracting authority may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding not exceeding the value of the initial contract. Any extension of the contract would be subject to satisfactory performance by the contractor.
CONDITIONS OF PARTICIPATION11.EligibilityParticipation 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.CandidatureAll 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 applicationsNo more than 1 application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as 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 prohibitedAny tenders received from tenderers comprising firms other than those mentioned in the shortlistedApplication 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.). Short-listed candidates may not form alliances or subcontract to each other for the contract in question.15.Grounds for exclusionAs 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.Sub-contractingSubcontracting is allowed.17.Number of candidates to be short-listedOn 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.
PROVISIONAL TIMETABLE18.Provisional date of invitation to tender22.3.201819.Provisional commencement date of the contract6.8.201820.Initial period of implementation of tasks48 months
SELECTION AND AWARD CRITERIA21.Selection criteriaThe following selection criteria will be applied to the candidates. In the case of applications submitted by a consortium, these selection criteria’s 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 sub-contractors.1) Economic and financial capacity of candidate (based on item 3 of the application form). In case of 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 (2014, 2015, 2016) for which accounts have been closed.a) The average annual turnover of the candidate for each of the last 3 financial years (2014, 2015, 2016) must exceed 1 570,000 EUR;andb) The current ratio (current assets divided by current liabilities) in the last year 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 submission deadline.— The candidate must have at least 10 permanent staff of which at least 6 must be currently working for the candidate in fields related to this contract: (i) integrated maritime governance, policies, laws and systems to support maritime security (ii) the fight against maritime crime.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 submission deadline.(a) The candidate has successfully provided services under at least one (1) contract with a budget of at least that of this contract (6 280,000 EUR) in the areas of integrated maritime governance, policies, laws and systems to support maritime security and the fight against maritime crime, which was implemented at any moment during the reference period: (2012, 2013, 2014, 2015, 2016)(b) The candidate should have a minimum of 5 years working experience across the fields related to the fight against maritime crime (armed robbery at sea; piracy; illicit trafficking at sea (drugs, humans, arms, protected and endangered species); oil bunkering; environmental crime)(c) The candidate has experience in at least 1 contract/assignment where it has been responsible for the overall coordination of implementation of projects where at least 2 different implementing partners (International organisations and/or EU Member State agencies) were involved. The value of the projects must have been over 10 000 000 EUR if the candidate’s share in a consortium is more than 50 % of the contract value and over 20 000 000 EUR if the candidate’s share is less than 50 % in a consortium. The contract could have been implemented at any moment during the reference period: (2012, 2013, 2014, 2015, 2016)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. The 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 case of projects still on-going 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 a breach of contract and termination by a Contracting Authority shall not be used as a 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 the 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 reexamined to identify the 8 best candidates. The only factors which will be taken into consideration during this reexamination are:— the highest number of relevant contracts in criteria 21.3 implemented in Africa,— the highest value of the relevant contract in criteria 21.3 supporting the implementation of projects/programmes related to maritime security.22.Award criteriaBest price-quality ratio.
APPLICATION23.Deadline for receipt of applicationsAll applications must be received at the latest 16:00 GMT (Nigeria Local Time) on Monday, 26.2.2018.Any application received by the Contracting Authority after this deadline will not be considered.24.Application format and details to be providedApplications 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: application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following Internet address: additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.25.How applications may be submittedApplications must be submitted in English exclusively to the contracting authority in a sealed envelope:— either by recorded delivery (official postal service) to:Office of the Commissioner, General Administration & Conferences,5th Floor, Economic Community of West African States (ECOWAS) Commission,101, Yakubu Gowon Crescent, Asokoro District, Abuja, Nigeria.E-mail contacts: snartey@ecowas.int with copy to: anyemin@yahoo.co.uk and sbangoura@ecowas.intIn this case, the delivery record makes 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:Office of the Commissioner, General Administration & Conferences,5th Floor, Economic Community of West African States (ECOWAS) Commission,101, Yakubu Gowon Crescent, Asokoro District, Abuja, Nigeria.E-mail contacts: snartey@ecowas.int with copy to: anyemin@yahoo.co.uk and sbangoura@ecowas.intIn this case, the acknowledgment of receipt makes 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 accept 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 applicationsCandidates 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 languageAll written communications for this tender procedure and contract must be in English.28.Date of publication of prior information notice14.11.2017The notice number in OJ S may be found under the title of the project in the published notice on the EuropeAid webpage.29.Legal basisAnnex 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 1/2014 of the ACP-EU Council of Ministers of 20.6.2014.30.Additional informationThe opening hours of the contracting authority is between 9:00 a.m. through to 17:00 p.m. on Mondays to Fridays except on public holidays.