Date Issued: 15th May, 2018

                                                                                                                     Request for Proposal (Service): 9139616                 

                                 

REQUEST FOR PROPOSAL

 

UNITED NATIONS CHILDREN’S FUND (UNICEF) seeks to engage the services of a reputable consulting firm to put in place robust mechanism for due diligence and compliance checks for public procurements exercises conducted by project States under the FGN-UNICEF Water, Sanitation and Hygiene (WASH) Programme with a view to ensure that the project States comply fully with the tenets of public procurement as enshrine in the Harmonized Procurement Guidelines for Works and Services under the FGN-UNICEF WASH Programme. This assignment is equally meant to grow the capacity of WASH institutions in procurement and contract management to ensure the best value for investments and long-term sustainability of WASH services.

 

Technical and Financial proposals should be forwarded to UNICEF Nigeria supply section mail box [email protected] and hard copies in sealed envelopes dropped in the bid box placed in the reception room at the entrance hall of UNICEF, or be sent through courier service.

 

Address to: Supply Manger, UNICEF, Old CBN Building, Area 11, Garki, Abuja, Nigeria.

 

 

IMPORTANT – ESSENTIAL INFORMATION

 

The reference RFPS - 2018/9139616 must be shown on your offer.

 

 

Offers MUST be received on or before 14:00hours Nigeria local time on 17th June, 2018 and will be publicly opened at 14:30hours Nigeria local time same day. Proposals received after the stipulated date and time will be invalidated.

 

Please visit our website www.unicef.org and download our supplier profile form (SPF) and fill same with necessary information to evaluate you

 

This request for proposal is approved by:

 

 

 

 

Christopher Adomati

 

Chief of Supply & Logistics Section

 

TERMS OF REFERENCE FOR DEVELOPMENT OF LONG TERM AGREEMENTS (LTAS) FOR THIRD PARTY SUPERVISION AND QUALITY ASSURANCE OF WORKS CONTRACTS

 

1)  Background:

 

The FGN-UNICEF WASH programme is currently spread in over 22 states and in about 90 LGAs with plans for expansion to additional 40 LGAs in a couple of months. The Programme has some of its key interventions under the EU and DFID funded projects across the following States: Anambra, Cross River, Jigawa, Kano, Osun and Yobe with Adamawa, Ekiti, Plateau, Akwa Ibom, Bayelsa, Delta, Edo, Rivers, Bauchi, Benue, Kaduna, Katsina and Zamfara. Other key project States include; Borno, Sokoto and Kebbi. One of the key results under these projects is on improving systems and strengthening capacity of WASH institutions at the sub-national level for effective delivery of WASH services. This include systems for participatory and transparent procurement and effective contract management to ensure best value for investments and long-term sustainability of WASH services. In 2014, a Harmonized Procurement Guidelines for works and services under the FGN-UNICEF WASH Programme was developed. This document captured requirements, procedures and processes for conduct of procurement and contract management, in the respective project States, in line with national and international best practices. The guidelines have been adopted to guide procurement processes in all the project States to engender transparency, fairness and accountability.

In the last four years, UNICEF WASH Section has support the construction of an average of 4,000 WASH facilities annually across project locations in Nigeria and this trend is likely to increase in the coming years (at least for the next 2 years). This volume of construction translates to an average of 16.5 million USD annual investment (55% of WASH annual throughput over the last 4 years). Equally, since our investments in infrastructure attract an average of 40% counterpart contribution from the government, it therefore means that this activity receives an average annual investment volume of 23 million USD. It is therefore pertinent to ensure that processes and systems connected to the utilization of these resources are robust, transparent, effective and audit proof.

To ensure continued application of the guidelines and compliance with best practices in public procurement, UNICEF has in the recent past pursued systems development and building of the capacities of the State and LGA WASH institutions to implement public procurement exercises in line with the Harmonized procurement guidelines. UNICEF had intermittently engaged the services of a procurement consultant to support this activity towards ensuring that the respective WASH institutions have the right skills to implement and manage works procurement processes. This effort had helped to popularize and expand the use of the harmonized procurement guidelines in most of the project States. Despite this progress, there are however pockets of non-compliance issues due to capacity limitations in some States and perceived conflict of interest at some quarters. With the continued expansion of the projects to more States and LGAs, there is thus an urgent need to expand and scale up the current support system for works procurement under the FGN-UNICEF WASH programme towards improving adherence and compliance to the provisions of the harmonized procurement guidelines.

To this end, UNICEF seeks to engage the services of procurement management firms to provide specific support in ensuring compliance checks and due diligence in the conduct of procurement exercises by the respective project States. This will be a Long-Term Agreements (LTAs) signed with reputable procurement / public expenditure management firms with experience and expertise in the planning, review and auditing of public expenditure and procurement processes within Nigeria. This is to put in place a due diligence mechanism for supporting public procurement exercises conducted under the FGN-UNICEF WASH projects across 22 States.

 

2)  Overall Objective of the Consultancy:

 

The overall objective of this consultancy is to put in place robust mechanism for due diligence and compliance checks for public procurements exercises conducted by project States under the FGN-UNICEF WASH Programme with a view to ensure that the project States comply fully with the provisions of the harmonized procurement guidelines. This assignment is equally meant to grow the capacity of the government partners in procurement and contract management.

 

 

3)  Major Tasks to be accomplished:

 

In line with above objectives, the consulting firm shall assign suitably qualified staff to work closely work with the State partners and in coordination with UNICEF Field Offices to carry out the following tasks in line with the contract provisions:

 

Task 1: Based on the States’ procurement plans and in consultation with the States and UNICEF Field Offices, develop a schedule for support of procurement exercises at the State level in line with the harmonized procurement guidelines

 

Task 2: The procurement firm shall support the States in reviewing of tender dossiers ahead of contract procurement exercises and will equally guide in the development and application of key procurement tools and templates

 

Task 3: The firm shall deploy adequate number of suitably qualified and experienced staff for compliance monitoring during procurement exercises in the project States and conduct detailed compliance audit on every procurement exercise

 

Task 4: The firm shall provide overall guidance and mentoring support in the conduct and documentation of procurement exercises under the projects and as part of compliance checks, ensure that all documentation associated with each phase of procurement are well compiled and shared by the States

 

Task 5: For every phase of procurement as conducted by the project States, the firm shall compile and share a procurement compliance report, which presents the summary of the procurement exercise, advises UNICEF on the issuance of “No Objection Certificate” and makes recommendations on improvement of the process

 

Task 6: The firm shall facilitate Zonal or State level trainings on the procurement of works and services using the harmonized procurement guidelines

 

Task 7: The firm shall compile and submit monthly procurement progress report covering the activities of the firm in providing procurement support and compliance audit across the project states as well as plan of action for the next month within the period of the specific contract.

 

Task 8: The firm shall report any case of gross non-compliance or conflict of interest by any of the actors (either as institutions or individuals) aimed at, unfairly, influencing the outcome of the exercise. The firm shall also make recommendations for corrections and follow up on the implementation of the agreed remedial actions.

 

Task 9: The firm shall support the States in development and maintaining a database of debarred/ blacklisted contractors and ensuring that they do not participate in any procurement exercise across all project States

 

Task 10: The firm shall advise on needed revisions in the harmonized procurement guidelines based on lessons learned during the field application and implementation of the guidelines.

 

These tasks will be performed within the provisions of the Harmonized Procurement Guidelines.

 

 

4)  Expected Deliverables

a.  Inception report within one week of signing of each specific contract. This would include detailed mechanism for procurement support, due diligence, compliance checks and reporting

b.  Compiled procurement support plans for all the project States under the specific contract within 2 weeks of contract award

c.  Procurement compliance report submitted for each phase of procurement as conducted by the project States

d.  Finalized procurement documentation for every phase of procurement completed in the project States

e.  Monthly procurement progress report on the firm’s procurement support activities in the project States including trainings and mentoring supports

f.  Comprehensive database showing status of all works procurement as well as database for blacklisted contractors

g.  Final consultancy completion report submitted in both hard and soft copy

These deliverables are expected for each specific contract within the period of the LTA

 

5)  Qualifications or specialized knowledge/experience required:

Prospective firms for this consultancy should have a track record of at least five years of relevant experience in conducting similar assignment. Experience working with ethnically diverse populations and across the country is preferable.

 

The firm should have competent and committed staff that will deliver the tasks with the following minimum experts supported by suitably qualified and experienced Staffs to cover all areas and scale of the assignment:

a.  Team Leader/ Coordinator with advanced University degree from recognized University on Public Administration, Law or related disciplines. The team leader must be registered with relevant professional regulatory bodies with a minimum of 6 years of professional experience (national or international) in public finance management, procurement, policy and systems development, should have good knowledge of documentation and report writing.

b.  Procurement Expert with university degree from recognized University on Public Administration, Law or related disciplines. The expert must be registered with relevant professional regulatory bodies with a minimum of 4 years of professional experience in management of public procurement processes and development of procurement systems at the national and sub national levels of the country with good knowledge of compliance checks, documentation and report writing.

c.  Public Finance / Procurement Administrator with university degree from recognized University on Public Administration, Law or related disciplines. With a minimum of 2 years of experience in administration of public finance management or procurement processes at the national or sub national levels of the country with good knowledge of compliance checks, documentation and report writing.

 

The firm is responsible for arranging the needed human resources for the assignment as well as all travel and logistics arrangement for the successful conduct of the assignment.

 

 

6)  Estimated period for this Assignment:

This LTA is initially for the period of 24 months.

 

7)  Budgeted cost of consultancy and Payment: Two envelop system will be adopted – technical proposal in one envelop and financial proposal in another and both in one pack.

 

 

 

 

 

 

 

Budget Template

SN

Description of Item

Unit

Quantity

Rate

Total

1

Support review of tender dossiers as compiled by the States

Man-day per procurement phase

3

 

 

2

Participate in bid information meeting at the State level

Man-day per procurement phase

2

 

 

3

Participate in bid opening, evaluation at the State level

Man-day per procurement phase

12

 

 

4

Participate in verification exercises for likely successful bidders

(2 Staff per verification exercise)

Man-day per procurement phase

10

 

 

5

Review and consolidation of State procurement reports /documentations and submission of compliance report and other Statutory reports as outline of the expected deliverables

Man-day per procurement phase

4

 

 

6

Facilitate training of State and LGA procurement focal persons on works and services procurement in line with the harmonized procurement guidelines (2 trainers per training)

Man-day per training

8

 

 

7

Management and administrative fee per Specific Contract

LS

1

 

 

8

Logistics (transportation, tools, stationaries, etc.) per Specific Contract

LS

1

 

 

9

Others

LS

 

 

 

TOTAL

 

N.B

·  All man days must be deployed at stages/intervals required to fully cover the needed due diligence and compliance check under each phase of procurement

·  A “Specific Contract” constitute each pack of assignments to cover procurement support and due diligence services in a minimum of 3 and maximum of 5 phases of procurement as conducted by a State or a couple of States.

·  A “Procurement Phase” constitute each “launch for tender” by a State to solicit bids for a collection of works and/or services. This spans from preparation of tender dossiers, through bids evaluation to compilation of procurement reports.

·  “Others” – Constitute any other activity(ies)/requirement(s) that the firm believes has not been captured on this list but is important in the delivery of this Service. Additions under this item is optional and must be described when included.

 

 

 

 

 

 

 

 

 

 

INSTRUCTION TO BIDDERS

 

1. Background

 

1.1 UNICEF promotes the rights and wellbeing of every child, in everything we do. Together with our partners, we work in 190 countries and territories to translate that commitment into practical action, focusing special effort on reaching the most vulnerable and excluded children, to the benefit of all children, everywhere.

 

2. Solicitation; Long Term Arrangement

 

2.1 The purpose of this Request for Proposals for Services ("RFPS") is to invite proposals for the provision of due diligence and compliance checks for public procurements exercises, as fully detailed in the Terms of Reference/Statement of Work above

 

2.2  UNICEF wishes to enter into (a) non-exclusive Long Term Arrangement(s) for Services (LTA-S) for the procurement of the services detailed in the RFPS and required from time to time during the term of the LTA-S.  It will be a provision of such LTA-S(s), that UNICEF will not be committed to purchase any minimum quantity of these services.  UNICEF shall not be liable for any cost in the event that no purchases are made under any resulting LTA-S.

 

2.3  Purchases will be made against contracts to be issued by UNICEF in accordance with the terms and conditions of any resulting LTA-S(s).  Actual quantities to be purchased will vary from contract to contract.

 

[2.4 Other United Nations Agencies, Funds and Programmes shall be entitled to place contracts under the prices and terms of the LTA-S. Contracts placed by other United Nations entities constitute a contractual agreement between the supplier and the ordering United Nations entity. UNICEF will not be a contractual party to these contracts and has therefore no obligations or liabilities for contracts not issued by UNICEF.]

 

[2.4 Marking and returning of proposal

SEALED PROPOSALS must be securely closed in a suitable envelope, clearly MARKED on the outside with the RFP NUMBER 9139616 and despatched to arrive at the UNICEF office indicated NO LATER THAN the CLOSING TIME AND DATE.  Proposals received in any other manner will be INVALIDATED.

 

SUBMISSION OF HARD COPIES MUST BE SENT ONLY TO THE ADDRESS BELOW:

 

UNICEF

Attn: Supply Manager

Old CBN Building, Prefab 5, Area 11, Garki, Abuja.

 

2.5] This RFPS document is comprised of the following:

 

- This document

 

- The UNICEF General Terms and Conditions of Contract (Services) which are attached as Annex A to this document

 

- The full Terms of Reference/Statement of Work

-

 

[2.5b Mandatory documents

 

The following documents must be submitted with any proposal:

 

-    Company overview/profile – including number of employees, areas of operation, areas of expertise, years of operation, relevant experience, etc.

-    References from previous clients – contact details of at least three clients to whom the company has provided services during the past three years, who can be contacted as references

-    Attach documentary evidence of previous works with certificate of completion if available

 

2.6] This RFPS is an invitation to treat and shall not be construed as an offer capable of being accepted or as creating any contractual, other legal or restitutionary rights.  No binding contract, including a process contract or other understanding or arrangement, will exist between the Proposer and UNICEF and nothing in or in connection with this RFPS shall give rise to any liability on the part of UNICEF unless and until an LTA-S and linked contract is signed by UNICEF and the successful Proposer.

 

3. Term

 

3.1 The proposed LTA-S shall be valid for an initial period of 12 months, with a possible renewal for an additional period of 12 months.

 

PART II - PROPOSAL SUBMISSION PROCESS

 

 

1. Proposal Submission Schedule

 

1.1 Acknowledgement of receipt of RFPS.  Not required.

 

IMPORTANT: PROPOSALS ARE NOT TO BE SENT TO THE INDIVIDUALS - ANY PROPOSALS SENT TO THE INDIVIDUAL WILL BE DISQUALIFIED.

 

1.2 Questions from Proposers.  Proposers are required to submit any questions in respect of this RFPS by EMAIL to Christopher Adomati at <[email protected]>.   The deadline for receipt of any questions is 17th June,2018, 12 noon.

 

IMPORTANT:  PROPOSALS ARE NOT TO BE SENT TO THE INDIVIDUAL STATED ABOVE - ANY PROPOSALS SENT TO THE ABOVE NAMED INDIVIDUAL WILL BE DISQUALIFIED.

 

Proposers are required to keep all questions as clear and concise as possible.

 

Proposers are also expected to immediately notify UNICEF in writing of any ambiguities, errors, omissions, discrepancies, inconsistencies or other faults in any part of the RFPS, providing full details. Proposers will not benefit from such ambiguities, errors, omissions, discrepancies, inconsistencies or other faults.

 

UNICEF will compile the questions received. UNICEF may, at its discretion, at once copy any anonymized question and its reply to all other invited Proposers and/or post these on the UNICEF website or UNGM.

1.3 Amendments to RFPS Documents.  At any time prior to the Submission Deadline, UNICEF may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Proposer, modify the RFPS documents by amendment. If the RFPS was available publicly online, amendments will also be posted publicly online. Further, all prospective Proposers that have received the RFPS documents directly from UNICEF will be notified in writing of all amendments to the RFPS documents. In order to afford prospective Proposers reasonable time in which to take the amendment into account in preparing their Proposals, UNICEF may, at its sole discretion, extend the Submission Deadline.

 

[1.4 Bid conference.  None will be held for this Bid.

 

[1.4/1.5] Submission Deadline.  The deadline for submission of proposals is as follows:

 

[12 noon AND 17th of June 2018]

 

SUBMISSION METHOD

ELECTRONIC VERSIONS (PDF ONLY) should also be send to Supply Email provided by the deadline at: [email protected]

 

Any proposals received by UNICEF after the Submission Deadline will be rejected.

 

[[1..5/1.6] Proposal Opening.  Due to the nature of this RFPS, there will be no public opening of proposals

 

2. Language

 

2.1 The Proposal prepared by the Proposer and all correspondence and documents relating to the Proposal exchanged by the Proposer and UNICEF, will be written in English LANGUAGE. Supporting documents and printed literature furnished by the Proposer may be in another language provided that they are accompanied by an appropriate translation in English LANGUAGE. When interpreting the Proposal, the translated version of these supporting documents and printed literature will prevail over the original version of these documents. The sole responsibility for translation, including the accuracy of the translation, will rest with the Proposer.

 

3. Validity of proposals; Modification and Clarifications; Withdrawal

 

3.1 Validity Period.  Proposers must indicate the validity period of their Proposal. Proposals should be valid for a period of not less than one hundred and twenty (120) days after the Submission Deadline. A Proposal valid for a shorter period of time shall not be further considered. UNICEF may request the Proposer to extend the validity period.  The Proposal of Proposers who decline to extend the validity of their Proposal shall become disqualified as no longer valid.

 

3.2 Other Changes.  All changes to a Proposal must be received by UNICEF prior to the Submission Deadline. The Proposer must clearly indicate that the revised Proposal is a modification and supersedes the earlier version of the Proposal, or state the changes from the original Proposal.

 

3.3 Withdrawal of Proposal.  A Proposal may be withdrawn by the Proposer on e-mailed, faxed or written request received by UNICEF from the Proposer prior to Submission Deadline. Negligence on the part of the Proposer confers no right for the withdrawal of the Proposal after it has been opened.

 

3.4 Clarifications Requested by UNICEF.  During the evaluation of Proposals, UNICEF may, in its sole discretion, seek clarifications from any Proposer in order for UNICEF to fully understand the Proposer's Proposal and assist in the examination, evaluation and comparison of Proposals.  UNICEF may seek such clarifications through written communications or may request an interview with any Proposer.  During this clarification process, no change in the price or substance of the Proposal will be sought, offered or permitted, except as required in order to allow for correction of arithmetical errors discovered by UNICEF.

 

3.5 References. UNICEF reserves the right to contact any or all references supplied by the Proposer(s) and to seek references from other sources as UNICEF deems appropriate.

 

4. Eligibility; Proposer  Information

 

4.1 Proposer. The term "Proposer" refers to those companies that submit a proposal pursuant to this RFPS and "Proposal" refers to all the documents provided by the Proposer in its response to this RFPS.  A Proposer will only be eligible for consideration if it complies with the representations set out in Part V of this RFPS, including the representations on ethical standards, including conflicts of interest.

 

4.2 Joint Venture, Consortium or Association.

 

(a) If the Proposer is a group of legal entities that will form or have formed a joint venture, consortium or association at the time of the submission of the Proposal, each such legal entity will confirm in their joint Proposal that:

 

- they have  designated one party to act as a lead entity, duly vested with authority to legally bind the members of the joint venture jointly and severally, and this will be evidenced by a Joint Venture Agreement among the legal entities, which will be submitted along with the Proposal; and

 

- if they are awarded the LTA-S, the designated lead entity will enter into the LTA-S with UNICEF, who will be acting for and on behalf of all the member entities comprising the joint venture.

 

(b) After the Proposal has been submitted to UNICEF, the lead entity identified to represent the joint venture will not be altered without the prior written consent of UNICEF.

 

(c) If a joint venture's Proposal is the Proposal selected for award, UNICEF will award the LTA-S to the joint venture, in the name of its designated lead entity.  The lead entity will sign the LTA-S for and on behalf of all other member entities.

 

4.3 Proposals from Government Organizations.  The eligibility of Proposers that are wholly or partly owned by the Government will be subject to UNICEF's further evaluation and review of various factors such as being registered as an independent entity, the extent of Government ownership/share, receipt of subsidies, mandate, access to information in relation to these RFPS documents, and others that may lead to undue advantage against other Proposers, and the eventual rejection of the Proposal.

 

4.4 Proposals from organizations where the sole proprietor is a former or retired UNICEF/UN staff member.  Any organization, whose sole proprietor is a former or retired staff member of UNICEF (or any other United Nations organization), which submits a Proposal must disclose this previous United Nations employment at the time of submission.  Any such Proposal will be treated as though the Proposal came from an individual for the purposes of UNICEF's standard conditions on contracting former and retired members of staff.

 

5. Preparation of Offer

 

5.1 Proposers are responsible to inform themselves in preparing their Proposal. In this regard, the Proposers will ensure that they:

 

- Examine all terms, requirements and formal submission instructions (e.g. regarding form and timing of submission, marking of envelopes, no price information in technical proposal etc.) included in the RFPS documents (including the Instructions to Proposers section);

 

- Review the RFPS to ensure that they have a complete copy of all documents;

 

- Review the standard UNICEF Contractual Provisions and the UNICEF General Terms and Conditions of Contract (Services) for the supply of services publicly available on the UNICEF Supply website:  http://www.unicef.org/supply/index_procurement_policies.html ;

 

- Review the UNICEF policies publicly available on the UNICEF Supply website:  http://www.unicef.org/supply/index_procurement_policies.html. In particular, Proposers should familiarize themselves with the obligations imposed on suppliers and their personnel and sub-contractors under the UNICEF Policy Prohibiting and Combatting Fraud and Corruption and the UNICEF Policy on Conduct Promoting the Protection and Safeguarding of Children;

 

-Attend any bid conference if it is mandatory under this RFPS;

 

-Fully inform and satisfy themselves as to requirements of any relevant authorities and laws that apply, or may in the future apply, to the supply of the services.

 

Proposers acknowledge that UNICEF, its directors, employees and agents make no representations or warranties (express or implied) as to the accuracy or completeness of this RFPS or any other information provided to the Proposers.

 

5.2 Failure to meet all requirements and instructions in the RFPS documents or to provide all requested information will be at the Proposer's own risk, and may result in rejection of the Proposer's Proposal.

 

5.3 The Proposal must be organized to follow the format of this RFPS. Each Proposer must respond to the stated requests or requirements, and indicate that the Proposer understands and confirms acceptance of UNICEF's stated requirements. The Proposer should identify any substantive assumption made in preparing its offer. The deferral of a response to a question or issue to any contract negotiation stage is not acceptable. Any item not specifically addressed in the Proposal will be deemed as accepted by the Proposer.  Incomplete or inadequate responses, lack of response or misrepresentation in responding to any questions will affect the evaluation of the Proposal.

 

5.4 All references to descriptive materials should be included in the appropriate Proposal paragraph, though the material/documents themselves may be provided as annexes to the Proposal. The Proposer must also provide sufficient information in the Proposal to address each area of the evaluation criteria as presented in this document to allow a fair assessment of all of the Proposers and their Proposals.  It is for UNICEF to determine, in its sole discretion, whether information provided is sufficient.

 

5.5 The completed and signed Request for Proposal for Services Form must be submitted together with the Proposal.  The Request for Proposal for Services Form must be signed by a duly authorized representative of the Organization/Company.

 

5.6 Proposals must be clearly marked with the RFPS number [9139616].

 

5.7 If answer sheets are provided by UNICEF then these must be completed by the Proposer.

 

5.8 Technical Proposal: The Technical Proposal should address the criteria and requirements outlined in this RFPS, paying particular attention to its Terms of Reference/Statement of Work and its evaluation criteria. It is important to note that UNICEF actively welcomes innovative proposals and original solutions to the stated service need.  NO PRICE INFORMATION SHOULD BE CONTAINED IN THE TECHNICAL PROPOSAL.

 

5.9 Price Proposal:  The Price Proposal should be prepared in accordance with the requirements contained in the Terms of Reference/Statement of Work for this RFPS.

 

5.10 Each Proposer acknowledges that its participation in any stage of the solicitation process for this RFPS is at its own risk and cost.  The Proposer is responsible for, and UNICEF is not responsible for, the costs of preparing its Proposal or response to this RFPS, attendance at any pre-submission conference, site visit, meetings or oral presentations, regardless of the conduct or outcome of the solicitation process.

 

[5.11 The Proposer's Proposal will include all of the following labelled annexes/documents:

-      the Bidder General Information form and relevant supporting documentation

-      the list of management and team staff and their CV’s;

-      a detailed organization chart of the company including the location and staffing of existing and planned offices;

-      the firm audited information

-      the list projects in Hand and their financial values (at least two)

-      a list of references (at least three) for the past five years with emphasis on similar Consultancy Services

-      the list of current litigations (if any)

-      A proposed work plan and schedule of activities

 

 

6. Proposal Documents; Confidentiality

 

6.1 This RFPS, together with all Proposal documents provided by the Proposer to UNICEF, will be considered the property of UNICEF and Proposals will not be returned to the Proposers.

 

6.2 Information contained in the Proposal documents, which the Proposer considers to be its confidential information, should be clearly marked "confidential", next to the relevant part of the text, and UNICEF will treat such information accordingly.

 

6.3 All information and documents provided to the Proposers by UNICEF ("RFPS Materials") shall be treated as confidential by the Proposers. If the Proposer declines to respond to this RFPS, or, if the Proposal is rejected or unsuccessful, the Proposer will promptly return all such RFPS Materials to UNICEF, or destroy or delete all such RFPS Materials.  The Proposer shall not use the RFPS Materials for any purpose other than the purpose of preparing a Proposal and shall not disclose the RFPS Materials to any third party, except:  (a) with the prior written consent of UNICEF; (b) where the third party is assisting the Proposer in preparing the Proposal, provided the Proposer has previously ensured that party's adherence to this duty of confidentiality; (c) if the relevant RFPS Materials are at the time of this RFPS lawfully in the possession of the Proposer through a party other than UNICEF; (d) if required by law, and provided that the Proposer has previously informed UNICEF in writing of its obligation to disclose the RFPS Materials; or (e) if the RFPS Materials are generally and publicly available other than as a result of breach of confidence by the person receiving the RFPS Materials.

 

7. Multiple proposals and proposals from related organizations

 

7.1 Proposers shall not submit more than one Proposal as part of this RFPS process.

 

7.2 If the Proposer is a group of legal entities that will form or have formed a joint venture, consortium or association at the time of the submission of the Proposal then neither the lead entity nor the member entities of the joint venture may submit another Proposal, either in its own capacity or as a lead entity or a member entity for another joint venture submitting another Proposal.

 

7.3 UNICEF reserves the right to reject separate Proposals submitted by two or more Proposers if the Proposers are related organizations and are found to have any of the following:

 

(a) they have at least one controlling partner, director or shareholder in common; or

 

(b) any one of them receive or have received any direct or indirect subsidy from the other(s); or

 

(c) they have a relationship with each other, that gives one or more Proposers access to confidential information about, or influence over, the other Proposal(s); or

 

(d) they are subcontractors to each other's Proposal, or a subcontractor to one Proposal also submits another Proposal under its name as lead Proposer; or

 

(e) an expert proposed to be in the team of one Proposer participates in more than one Proposal received for this solicitation process.

 

PART III -AWARD/ADJUDICATION OF PROPSALS

 

 

1. Award

 

1.1 Proposal Evaluation Process.  The evaluation is carried out by UNICEF in accordance with UNICEF's regulations, rules and practices and all determinations are made in UNICEF's sole discretion.

 

After opening the Proposals, UNICEF will carry out the following steps in the following order:

 

First, each Proposal will be evaluated for compliance with the mandatory requirements of this RFPS.  Proposals deemed not to meet all of the mandatory requirements will be considered non-compliant and rejected at this stage without further consideration.  Failure to comply with any of the terms and conditions contained in this RFPS, including, but not limited to, failure to provide all required information, may result in a Proposal being disqualified from further consideration.

 

Second, UNICEF will evaluate the Technical Proposal part for compliance with the technical requirements stated in this RFPS on the basis of the Proposal evaluation approach set out below.

 

Third, UNICEF will undertake a commercial evaluation of the Price Proposal part of technically compliant Proposals on the basis of the Proposal evaluation approach set out below.

 

1.2 Proposal Evaluation Approach.

 

 

Weighted scoring evaluation approach

 

The evaluation criteria will be a split between technical and commercial (price proposal) scores (a [70]/ [30] split).

 

Proposals submitted in response to this RFPS should include and will be evaluated against the following:

 

a) Technical Evaluation

 

NOTE: PARTIAL PROPOSALS ARE NOT ACCEPTABLE

 

The Technical Proposals will be evaluated against the following:

REF

CATEGORY  

POINTS

1

Technical and Financial capacity:

-        Professional expertise and experience in procurement due diligence / audit

-        Technical capacity in the development and application of guidelines for public procurement

-        Ability to work country wide

-        Financial capacity / status

15

2

Standard strategy / Methodology:

-        Understanding of the mission; Roles and responsibility of the firm for each of the stages

-        Quality of proposed approach / methodology and proposed management / Quality assurance system

15

3

Proposed team

-        Qualification of the firm management team

-        Permanent senior staff (procurement experts, public finance management experts, legal practitioners, auditors, etc.) with relevant experience, qualifications and position in the firm

-        Technical permanent staff; relevant experience, qualifications and position in the firm

-        Number of support staff

-        Capacity to mobilize additional temporal expertise

15

4

Experience and Expertise

-        Number of years in related business

-        Experience in providing similar services to other international organizations and / or commercial companies

-        Reference checks

-        Visits to projects

15

5

Overall response

-        Understanding of, and responsiveness to, UNICEF requirements

-        Understanding of scope, objectives and completeness of response

-        Overall concord between UNICEF requirements and the proposal

10

Total Technical

70

Only proposals which receive a minimum of 50 points will be considered further.

 

 

Total Maximum [70] Points

 

Only Proposals which receive a minimum of [49] points will be considered further.

 

b) Price Proposal (commercial evaluation)

 

The total amount of points allocated for the price component is [30]. The maximum number of points will be allotted to the lowest price proposal that is opened and compared among those invited firms/institutions which obtain the threshold points in the evaluation of the technical component. All other price proposals will receive points in inverse proportion to the lowest price; e.g.:

 

Score for price proposal X = (Max. score for price proposal ([30] Points) * Price of lowest priced proposal) / Price of proposal X

 

Total obtainable Technical and Price points: 100

 

The Proposer(s) achieving the highest combined technical and price score will (subject to any negotiations and the various other rights of UNICEF detailed in this RFPS) be awarded the LTA-S(s).]

 

 

1.3 Multiple Arrangements.  UNICEF reserves the right to make multiple arrangements for any service(s) where UNICEF considers it to be in its best interest to do so.

 

1.4 Negotiation.  UNICEF reserves the right to negotiate with the Proposer(s) that has/have attained the best rating/ranking, i.e. those providing the overall best value Proposal.

 

1.5 Award Notification.  UNICEF will only notify the Proposer(s) that has/have been awarded the LTA-S(s) resulting from this solicitation process; UNICEF may, but is not required to, notify the other Proposers of the outcome of this solicitation process.

 

2. General Terms And Conditions Of Contract (Services)

 

2.1 UNICEF's General Terms and Conditions of Contract (Services) will apply to any LTA-S and linked contract(s) awarded in connection with this RFPS. By signing the Request for Proposal for Services Form, each Proposer is deemed to have confirmed its acceptance of the UNICEF General Terms and Conditions (Services). The Proposer understands that if it proposes any amendments or additional terms to the UNICEF General Terms and Conditions (Services), these must be clearly detailed in the Proposal and may negatively affect the evaluation of the Proposal.

 

3. Rights of UNICEF

 

3.1 UNICEF reserves the following rights:

 

(a) to accept any Proposal, in whole or in part; to reject any or all Proposals; or to cancel this solicitation process in its entirety;

 

(b) to verify any information contained in Proposer's response (and the Proposer will provide UNICEF with its reasonable cooperation with such verification);

 

(c) to invalidate any Proposal received from a Proposer that, in UNICEF's sole opinion has previously failed to perform satisfactorily or complete contracts on time, or UNICEF believes is not in a position to perform the LTA-S;

 

(d) to invalidate any Proposal that, in UNICEF's sole opinion, fails to meet the requirements and instructions stated in this RFPS;

 

(e) to suspend negotiations or withdraw an award to a Proposer at any time up until an LTA-S has been signed with such Proposer.  UNICEF is not required to provide any justification, but will give notice prior to any such suspension of negotiations or withdrawal of award.

 

3.2 UNICEF is not liable to any Proposer for any costs, expense or loss incurred or suffered by such Proposer in connection with this RFPS or solicitation process, including, but not limited to, any costs, expense or loss incurred as result of UNICEF exercising any of its rights in paragraph 3.1 above.

 

PART IV - REQUIREMENTS

 

 

1. Price and Payment

 

1.1 Price.  The fee for the services and deliverables will be treated as inclusive of all costs, expenses, charges or fees that the Proposer may incur in connection with the performance of the work. The Proposer is invited to offer any unconditional discounts or cumulative volume discounts (i.e. discounts that increase as the cumulative order value increases throughout the validity of the LTA-S).  Further, the Proposer may offer early payment discounts, i.e. payment within a specific period of time faster than UNICEF's standard payment terms of 30 days.

 

Notwithstanding any agreed discounts, prices offered by bidders, shall constitute maximum ceiling prices and shall remain fixed for the duration of the LTA-S.

 

1.2 Payment Terms.  Invoices may be issued to UNICEF only after the services (or components of the services) have been provided and the deliverables (or installments of the deliverables) have been delivered (a) in accordance with the contract (as issued in accordance with the provisions of the LTA-S) and (b) to UNICEF's satisfaction.  The standard terms of payment are net 30 days, after receipt of invoice.  Payment will be effected by bank transfer in the currency of the contract.

 

The Proposer will suggest a payment schedule for each contract (as issued in accordance with the provisions of the LTA-S) that is linked to clear milestones and/or deliverables identified in the Terms of Reference/Statement of Work.

 

1.3 Currency.

 

(a) The currency of the Proposal shall be in [NIGERIAN NAIRA]. UNICEF will reject any proposals submitted in another currency.

 

(b) If the above paragraph (a) explicitly permits two or more specified currencies for the Proposals, then for evaluation purposes only, offers submitted in a currency other than NIGERIAN NAIRA will be converted into NIGERIAN NAIRA using the United Nations rate of exchange in effect on the submission deadline date.

 

1.4 Taxes.  Article II, Section 7, of the Convention on the Privileges and Immunities provides, inter alia, that the United Nations, including UNICEF as a subsidiary organ, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs restrictions, duties, and charges of a similar nature in respect of articles imported or exported for its official use. All prices/rates quoted in the Proposal must be net of any direct taxes and any other taxes and duties, unless otherwise specified in the RFPS documents.

 

2. Implementation

 

2.1 No Reliance.  Except as expressly set out in the RFPS documents, UNICEF will have no obligation to provide any assistance to the contractor and UNICEF makes no representations as to the availability of any facilities, equipment, materials, systems or licenses which may be helpful or useful for the performance of the work.  If the Proposer requires any facilities, equipment, materials, systems or licenses in order to do the work, this must be explicitly detailed in its Proposal.

 

2.2 Sub-contractors.  Proposers must identify in their Proposal, any products which may be offered by themselves, but originate from another supplier and/or country. Further, Proposers must identify in their proposal any planned subcontracting of services.  All subcontracting arrangements will be reviewed by UNICEF as part of its evaluation of the Proposal.

 

2.3 Experts.  If so required in the Terms of Reference/Statement of Work each key expert profile requested in the Terms of Reference/Statement of Work must sign an exclusivity and availability statement. The purpose of Exclusivity and Availability Statement is as follows:

 

(a) The key experts proposed in the Proposal must not be part of any other Proposer's Proposal being submitted for this RFPS process. They must therefore engage themselves exclusively to the Proposer.

 

(b) Each key expert must also undertake to be available, able and willing to work for all the period foreseen for his/her input during the implementation of the LTA-S as indicated in the Terms of Reference/Statement of Work and the Proposal.

 

Having selected a Proposal partly on the basis of an evaluation of the key experts presented in the Proposal, UNICEF expects the LTA-S and related contracts to be executed by these specific experts. UNICEF will only consider substitutions because of the incapacity of a key expert for health reasons or due to force majeure or other circumstances which may justify a replacement and which would not have any effect on the selection of the Proposal. The desire of a Proposer to use an expert on another project or a change of mind on the part of an expert about the LTA-S and related contracts will not be accepted as a reason for substitution of any of the key experts.

 

2.4 Joint Ventures.  The description of the organization of the joint venture/consortium/association must clearly define the expected role of each of the entities in the joint venture in delivering the requirements of this RFPS, both in the Proposal and the Joint Venture Agreement.  All entities that comprise the joint venture will be subject to the eligibility and qualification assessment by UNICEF.

 

Where a joint venture is presenting its track record and experience in a similar undertaking as those required in this RFPS, it should present such information in the following manner:

 

(i) Those that were undertaken together by the joint venture; and

 

(ii) Those that were undertaken by the individual entities of the joint venture expected to be involved in the performance of the services defined in this RFPS.

 

Previous contracts completed by individual experts working privately but who are permanently or were temporarily associated with any of the member firms cannot be claimed as the experience of the joint venture or those of its members, but should only be claimed by the individual experts themselves in their presentation of their individual credentials.

 

3. Liquidated Damages

 

3.1 Liquidated damages. Any LTA-S(s) awarded in connection with this RFPS will include the following clause on liquidated damages:

 

"In addition to, and without prejudice to any of the other rights and remedies of UNICEF including, but not limited to, those set out in the UNICEF General Terms and Conditions of Contract (Services), if the Contractor fails to provide the Services or the Deliverables in accordance with the time schedule set out in the relevant Contract for Services, or if UNICEF determines that the Services or Deliverables do not conform to the requirements of this LTA-S and the relevant Contract for Services, UNICEF may claim liquidated damages from the Contractor and, at UNICEF's option, the Contractor will pay such liquidated damages to UNICEF or UNICEF will deduct such liquidated damages from the Contractor's invoice(s). Such liquidated damages will be calculated as follows: one half of one per cent (0.5%) of the Contract Fee for the delayed Services and Deliverables for each day of delay, or in the case of a Fee calculated on a time-based rate, one half of one per cent (0.5%) of the time-based rate for all the Contractor Personnel required to provide the relevant Services or Deliverables, until performance of conforming Services or delivery of conforming Deliverables, up to a maximum of ten per cent (10%) of the value of the relevant Contract for Services.  The payment or deduction of such liquidated damages will not relieve the Contractor from any of its other obligations or liabilities pursuant to this LTA-S and the relevant Contract for Services."

 

PART V - PROPOSER REPRESENTATIONS

 

 

1. Price - Most Favoured Customer

 

1.1 The Proposer confirms that the fees, rates and charges and related pricing terms with respect to the services specified in the Proposal are the most favourable pricing terms available to any customer of the Proposer (or any of the Proposer's affiliates).

 

1.2 If at any time during the term of the LTA-S resulting from the Proposal, any other customer of the Proposer (or of any of the Proposer's affiliates) obtains more favourable pricing terms than those provided to UNICEF, the Proposer will retroactively adjust the fees, rates and charges and related pricing terms under the LTA-S to conform to the more favourable terms and the Proposer will promptly pay UNICEF any amounts owing to UNICEF as a result of such retroactive fee adjustment.

 

2. General Representations

 

By submitting its Proposal in response to this RFPS, the Proposer confirms to UNICEF as at the Submission Deadline:

 

2.1 The Proposer has (a) the full authority and power to submit the Proposal and to enter into any resulting LTA-S and linked contract(s), and (b) all rights, licenses, authority and resources necessary, as applicable, to develop, source and supply the services and to perform its other obligations under any resulting LTA-S and linked contract(s).  The Proposer has not and will not enter into any agreement or arrangement that restrains or restricts any person's rights to use, sell, dispose of or otherwise deal with any service, deliverable or outcome that may be acquired under any resulting contract (as issued in accordance with the provisions of the LTA-S).

 

2.2 All of the information it has provided to UNICEF concerning the services and the Proposer is true, correct, accurate and not misleading.

 

2.3 The Proposer is financially solvent and is able to supply the services to UNICEF in accordance with the requirements described in this RFPS.

 

2.4 The use or supply of the services does not and will not infringe any patent, design, trade-name or trade-mark.

 

2.5 The development and supply of the services has complied, does comply, and will comply with all applicable laws, rules and regulations.

 

2.6 The Proposer will fulfill its commitments with the fullest regard to the interests of UNICEF and will refrain from any action which may adversely affect UNICEF or the United Nations.

 

2.7 It has the personnel, experience, qualifications, facilities, financial resources and all other skills and resources to perform its obligations under any resulting LTA-S and linked contract(s).

 

2.8 The Proposer agrees to be bound by the decisions of UNICEF, including but not limited to, decisions as to whether the Proposer's Proposal meets the requirements and instructions stated in this RFPS and the results of the evaluation process.

 

3. Ethical Standards

 

UNICEF requires that all Proposers observe the highest standard of ethics during the entire solicitation process, as well as the duration of any LTA-S that may be awarded as a result of this solicitation process.  UNICEF also actively promotes the adoption by its suppliers of robust policies for the protection and safeguarding of children and the prevention and prohibition of sexual exploitation and sexual abuse.

 

By submitting its Proposal in response to this RFPS, the Proposer makes the following representations and warranties to UNICEF as at the Submission Deadline:

 

3.1 In respect of all aspects of the solicitation process the Proposer has disclosed to UNICEF any situation that may constitute an actual or potential conflict of interest or could reasonably be perceived as a conflict of interest.  In particular, the Proposer has disclosed to UNICEF if it or any of its affiliates is, or has been in the past, engaged by UNICEF to provide services for the preparation of the design, specifications, cost analysis/estimation, and other documents to be used for the procurement of the services requested under this RFPS; or if it or any of its affiliates has been involved in the preparation and/or design of the programme/project related to the services requested under this RFPS.

 

3.2 The Proposer has not unduly obtained, or attempted to unduly obtain, any confidential information in connection with the solicitation process and any LTA-S and linked contract(s) that may be awarded as a result of this solicitation process.

 

3.3 No official of UNICEF or of any United Nations System organisation has received from or on behalf of the Proposer, or will be offered by or on behalf of the Proposer, any direct or indirect benefit in connection with this RFPS including the award of the LTA-S and linked contract(s) to the Proposer.  Such direct or indirect benefit includes, but is not limited to, any gifts, favours or hospitality.

 

3.4 The following requirements with regard to former UNICEF officials have been complied with and will be complied with:

 

(a) During the one (1) year period after an official has separated from UNICEF, the Proposer may not make a direct or indirect offer of employment to that former UNICEF official if that former UNICEF official was, during the three years prior to separating from UNICEF, involved in any aspect of a UNICEF procurement process in which the Proposer has participated.

 

(b) During the two (2) year period after an official has separated from UNICEF, that former official may not, directly or indirectly on behalf of the Proposer, communicate with UNICEF, or present to UNICEF, about any matters that were within such former official's responsibilities while at UNICEF.

 

3.5 Neither the Proposer nor any of its affiliates, or personnel or directors, is subject to any sanction or temporary suspension imposed by any United Nations System organisation or other international inter-governmental organisation.  The Proposer will immediately disclose to UNICEF if it or any of its affiliates, or personnel or directors, becomes subject to any such sanction or temporary suspension during the term of the LTA-S. If the Proposer or any of its affiliates, or personnel or directors becomes subject to any such sanction or temporary suspension during the term of the LTA-S, UNICEF will be entitled to suspend the LTA-S and linked contract(s) for a period of time up to thirty (30) days or terminate the LTA-S and linked contract(s), at its sole choice, with immediate effect upon delivery of a written notice of suspension or termination, as the case may be, to the Proposer.  If UNICEF choses to suspend the LTA-S and linked contract(s) it will be entitled to terminate the LTA-S and linked contract(s) at the end of the thirty (30) days' suspension at UNICEF's sole choice.

 

3.6 The Proposer will (a) observe the highest standard of ethics; (b) use its best efforts to protect UNICEF against fraud, in the solicitation process and in the performance of any resulting LTA-S and linked contract(s); and (c) comply with the applicable provisions of UNICEF's Policy Prohibiting and Combatting Fraud and Corruption which can be accessed on the UNICEF website at http://www.unicef.org/supply/index_procurement_policies.html.  In particular, the Proposer will not engage, and will ensure that its personnel, agents and sub-contractors do not engage, in any corrupt, fraudulent, coercive, collusive or obstructive conduct as such terms are defined in UNICEF's Policy Prohibiting and Combatting Fraud and Corruption.

 

3.7 The Proposer will comply with all laws, ordinances, rules and regulations bearing upon its participation in this solicitation and the UN Supplier Code of Conduct (available at the United Nations Global Marketplace website - www.ungm.org).

 

3.8 Neither the Proposer nor any of its affiliates, is engaged, directly or indirectly, (a) in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32, or the International Labour Organisation's Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No. 182 (1999); or (b) in the manufacture, sale, distribution, or use of anti-personnel mines or components utilised in the manufacture of anti-personnel mines.

 

3.9 The Proposer has taken and will take all appropriate measures to prevent sexual exploitation or abuse of anyone by its personnel including its employees or any persons engaged by the Proposer to perform any services in the Proposer's participation in this solicitation.  For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, will constitute the sexual exploitation and abuse of such person.  The Proposer has taken and will take all appropriate measures to prohibit its personnel including its employees or other persons engaged by the Proposer, from exchanging any money, goods, services, or other things of value, for sexual favours or activities or from engaging in any sexual activities that are exploitive or degrading to any person.

 

3.10 The Proposer confirms that it has read UNICEF's Policy on Conduct Promoting the Protection and Safeguarding of Children. The Proposer will ensure that its Personnel understand the notification requirements expected of them and will establish and maintain appropriate measures to promote compliance with such requirements. The Proposer will further cooperate with UNICEF's implementation of this Policy.

 

3.11 The Proposer will inform UNICEF as soon as it becomes aware of any incident or report that is inconsistent with the undertakings and confirmations provided in this Article 3.

 

3.12 Each of the provisions in this Article 3 of Part V constitutes an essential condition of participation in this solicitation process. In the event of a breach of any of these provisions, UNICEF is entitled to disqualify the Proposer from this solicitation process and/or any other solicitation process, and to terminate any LTA-S and linked contract(s) that may have been awarded as a result of this solicitation process, immediately upon notice to the Proposer, without any liability for termination charges or any liability of any kind. In addition, the Proposer may be precluded from doing business with UNICEF and any other entity of the United Nations System in the future.

 

4. Audit

 

4.1 From time to time, UNICEF may conduct audits or investigations relating to any aspect of an LTA-S and/or linked contract awarded in relation to this RFPS, including but not limited to the award of the LTA-S and/or linked contract and the Proposer's compliance with the provisions of Article 3 above.  The Proposer will provide its full and timely cooperation with any such audits or investigations, including (but not limited to) making its personnel and any relevant data and documentation available for the purposes of such audits or investigations, at reasonable times and on reasonable conditions, and granting UNICEF and those undertaking such audits or investigations access to the Proposer's premises at reasonable times and on reasonable conditions in connection with making its personnel and any relevant data and documentation available.  The Proposer will require its sub-contractors and its agents to provide reasonable cooperation with any audits or investigations carried out by UNICEF.