Eligibility of Bidders
Consultancy Services for the preparation of Environmental and Social Impact Assessment & Resettlement Action Plan instruments and supervision (monitoring) of their implementation. Re-advirtisement.
Request for Expressions of Interest
I. Introduction
City of Kigali has received a financing from Agence Française de Développement ("AFD") to support the upgrade of two informal settlements under the project known as Kigali Informal Settlement Upgrading Project(KISUP).
The KISUP project consist in the construction of basic infrastructure (11 Km of roads, 53 Km of drainage system ,28Km of pathways ,..) and construction of more than 24 social facilities (schools ,health posts, administrative buildings , local markets, community library, public spaces,…)
The project will improve access to services for the populations of the two areas named Kagugu and Rwezamenyo/Nyakabanda, particularly in terms of mobility, public spaces, urban services and basic infrastructure while ensuring the inclusiveness of the project, to guarantee that it benefits the entire population, including vulnerable groups.
In addition, the project will reduce the vulnerability of these two neighbourhoods to the risks related to climate change and environmental degradation, by taking into account a comprehensive approach to managing these impacts (risks). For this reason, the client gives a paramount consideration to the integration of Natural Based Solutions (NBS) as a way of increasing sustainably the resiliency of the targeted neighbourhoods against these adverse effects of climate change
In the above context the City of Kigali intends to use part of the funds thereof for payments of the following consultancy services under the project: Consultancy Services for the preparation of Environmental and Social Impact Assessment & Resettlement Action Plan instruments and supervision (monitoring) of their implementation.
The Services of the consultant shall consist of preparation of Environmental and Social Impact Assessment & Resettlement Action Plan Instruments and supervising (monitoring) their implementation for Kigali Informal Settlements Upgrading Project (KISUP).
Therefore, the City of Kigali hereby invites Applicants to show their interest in delivering the Services described above.
This Request for Expressions of Interest is open to:
Consulting firms q Individual consultants
q NGOs q Joint Venture between NGO(s) and consulting firm(s)
Eligibility criteria to AFD financing are specified in sub-clause 1.3 of the "Procurement Guidelines for AFD Financed Contracts in Foreign Countries", available online on AFD’s website: http://afd.dgmarket.com
The Applicant shall submit only one application, either in its own name or as a member of a Joint Venture (JV). If an Applicant (including any JV member) submits or participates in more than one application, those applications shall be all rejected. However, the same Subconsultant may participate in several applications.
If the Applicant is a JV, the expression of interest shall include:
A copy of the JV Agreement entered into by all members,
Or
A letter of intent to execute a JV Agreement, signed by all members together with a copy of the Agreement proposal,
In the absence of this document, the other members will be considered as Subconsultants.
Experiences and qualifications of Subconsultants are not taken into account in the evaluation of the applications.
Interested Applicants must provide information evidencing that they are qualified and experienced to perform those Services. For that purpose, documented evidence of recent and similar services shall be submitted.
II. Scope of the assignement
This Request of Expression of Interest is adressed to the national and international consulting firms to conduct the preparation and supervision of Environmental and Social Impact Assessment & Resettlement Action Plan Instruments for Kigali Informal Settlements Upgrading Project (KISUP).
The consultancy services basically include:
• preparation of the E&S documents for both infrastructure and social facilities of the project.
• Support to technical expert and provision of collaborating efforts with other consulting firms conducting the detailed design studies to enhance positive social and environmental impact while avoiding and/or minimizing negative ones.
• support the City of Kigali, its Single Project Implementation Unit (SPIU) and any other project stakeholder in managing and monitoring the environmental and social risks of this KISUP project at all stages of the project including defect rehabilitation period, in accordance with the national regulation and AFD/WB E&S policy.
The shortlisted applicants will receive.
• The Request for Proposals (RFP) and
• The detailed Terms of Reference (ToR).
III. Selection Criteria
Determination of the similarity of the experiences will be based on:
Criterion 1 : The completed contracts size by the Consulting Firm: 30 points
The consulting firm should have provided at least:
- two (2) consultancy services related to the preparation and supervision (monitoring) of Environmental and Social Impact Assessment following the World Bank/AFD safeguard policies for urban infrastructure projects, preferably for Informal Settlement Upgrading projects.
- two (2) consultancy services related to the preparation and supervision (monitoring) of Resettlement Action Plan following the World Bank/AFD safeguard policies for urban infrastructure projects, preferably for Informal Settlement Upgrading projects.
A certificate of good completion with its corresponding contract are required in order to prove that the services were provided with satisfaction.
Criterion 2: The nature of the service 30 points
The consultant should have experiences in:
- Conducting environmental and social studies for urban infrastructure projects based on WB/AFD safeguard policies
- preparing and implementing Resettlement Action Plan (RAP) for urban infrastructure projects based on WB/AFD safeguard policies
Having these experiences in informal settlement upgrading project will be an added value.
Criterion 3 : The technical area and expertise: 20 points
- The consultant should have expertise in preparation and supervision of Environmental and Social Impact Assessment & Resettlement Action Plan (RAP) based on WB/AFD safeguard policies in Informal settlements upgrading projects, which include the upgrade of infrastructure and social facilities
- High Environmental Quality or similar certification standards
Criterion 4: The location references: 20 points
-The completed consultancy services related to the preparation and supervision of Environmental and Social Impact Assessment& RAP projects should have been provided in subsaharian african countries; having that experience in Rwanda will be an added value.
City of Kigali will shortlist a maximum of six (6) applicants, and selection will be based on the evaluation of applications received. The Request for Proposals (RFP) will be sent to the short-listed applicants.
Interested bidders are moreover informed that the total duration of the assignment shall be approximately 53 Months, out of which the preparation of the Environmental and Social Impact Assessment & Resettlement Action Plan Instruments will be performed within around 6-8 months whereas the remaining 45 months are dedicated to the provision of the support to the client ( COK/SPIU) to monitor project on social (affected-people, labour-based approach, gender, grievances, etc.) and environmental issues
The applicants shall have to fill the” Statement of Integrity, Eligibility and Environmental and Social Responsibility” attached (See Appendix 1) to this Request for Expression of Interest and submit it with the application.
Interested applicants have to consider also the following remarks:
a) The REOI is published on both e-procurement systemswww.umucyo.gov.rw and dg Market: http://afd.dgmarket.com
and
b)The interested bidder may obtain further information from e-procurement system website by logging on www.umucyo.gov.rw.
c)Expressions of interest written in English must be submitted through www.umucyo.gov.rw not later than: refer to Umucyo e-procurement system (three weeks from the date of publication).
d)The address for requesting clarifications: www.umucyo.gov.rw
e)The interested Bidders can contact RPPA (Rwanda Public Procurement Authority) on the following e-mail address e-procurement@rppa.gov.rw for registration and submission of their EOI.
f)The candidates who are blacklisted are not eligible (Each candidate will undergo a check of UN, EU, France and World Bank financial sanctions lists).
APPENDIX 1: STATEMENT OF INTEGRITY
(To be submitted with the application, signed and unaltered)
Statement of Integrity, Eligibility and Environmental and Social Responsibility
Reference of the bid or proposal (the "Contract")
To: Kigali City (the "Contracting Authority")
1. We recognise and accept that Agence Française de Développement ("AFD") only finances projects of the Contracting Authority subject to its own conditions which are set out in the Financing Agreement which benefits directly or indirectly to the Contracting Authority. As a matter of consequence, no legal relationship exists between AFD and our company, our joint venture or our suppliers, contractors, subcontractors, consultants or subconsultants. The Contracting Authority retains exclusive responsibility for the preparation and implementation of the procurement process and performance of the contract. The Contracting Authority means the Purchaser, the Employer, the Client, as the case may be, for the procurement of goods, works, plants, consulting services or non-consulting services.
2. We hereby certify that neither we nor any other member of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations:
2.1 Being bankrupt, wound up or ceasing our activities, having our activities administered by the courts, having entered into receivership, reorganisation or being in any analogous situation arising from any similar procedure;
2.2 Having been:
a) convicted, within the past five years by a court decision, which has the force of res judicata in the country where the Contract is implemented, of fraud, corruption or of any other offense committed during a procurement process or performance of a contract (in the event of such conviction, you may attach to this Statement of Integrity supporting information showing that this conviction is not relevant in the context of this Contract);
b) subject to an administrative sanction within the past five years by the European Union or by the competent authorities of the country where we are constituted, for fraud, corruption or for any other offense committed during a procurement process or performance of a contract (in the event of such sanction, you may attach to this Statement of Integrity supporting information showing that this sanction is not relevant in the context of this Contract);
c) convicted, within the past five years by a court decision, which has the force of res judicata, of fraud, corruption or of any other offense committed during the procurement process or performance of an AFD-financed contract;
2.3 Being listed for financial sanctions by the United Nations, the European Union and/or France for the purposes of fight-against-terrorist financing or threat to international peace and security;
2.4 Having been subject within the past five years to a contract termination fully settled against us for significant or persistent failure to comply with our contractual obligations during contract performance, unless this termination was challenged and dispute resolution is still pending or has not confirmed a full settlement against us;
2.5 Not having fulfilled our fiscal obligations regarding payments of taxes in accordance with the legal provisions of either the country where we are constituted or the Contracting Authority's country;
2.6 Being subject to an exclusion decision of the World Bank and being listed on the website http://www.worldbank.org/debarr, (in the event of such exclusion, you may attach to this Statement of Integrity supporting information showing that this exclusion is not relevant in the context of this Contract);
2.7 Having created false documents or committed misrepresentation in documentation requested by the Contracting Authority as part of the procurement process of this Contract.
3. We hereby certify that neither we, nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants are in any of the following situations of conflict of interest:
3.1 Being an affiliate controlled by the Contracting Authority or a shareholder controlling the Contracting Authority, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.2 Having a business or family relationship with a Contracting Authority's staff involved in the procurement process or the supervision of the resulting Contract, unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3.3 Being controlled by or controlling another bidder or consultant, or being under common control with another bidder or consultant, or receiving from or granting subsidies directly or indirectly to another bidder or consultant, having the same legal representative as another bidder or consultant, maintaining direct or indirect contacts with another bidder or consultant which allows us to have or give access to information contained in the respective applications, bids or proposals, influencing them or influencing decisions of the Contracting Authority;
3.4 Being engaged in a consulting services activity, which, by its nature, may be in conflict with the assignments that we would carry out for the Contracting Authority;
3.5 In the case of procurement of goods, works or plants:
a) Having prepared or having been associated with a consultant who prepared specifications, drawings, calculations and other documentation to be used in the procurement process of this Contract;
b) Having been recruited (or being proposed to be recruited) ourselves or any of our affiliates, to carry out works supervision or inspection for this Contract.
4. If we are a state-owned entity, and to compete in a procurement process, we certify that we have legal and financial autonomy and that we operate under commercial laws and regulations.
5. We undertake to bring to the attention of the Contracting Authority, which will inform AFD, any change in situation with regard to points 2 to 4 here above.
6. In the context of the procurement process and performance of the corresponding contract:
6.1 We have not and we will not engage in any dishonest conduct (act or omission) deliberately indented to deceive others, to intentionally conceal items, to violate or vitiate someone's consent, to make them circumvent legal or regulatory requirements and/or to violate their internal rules in order to obtain illegitimate profit;
6.2 We have not and we will not engage in any dishonest conduct (act or omission) contrary to our legal or regulatory obligations or our internal rules in order to obtain illegitimate profit;
6.3 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to (i) any Person who holds a legislative, executive, administrative or judicial mandate within the State of the Contracting Authority regardless of whether that Person was nominated or elected, regardless of the permanent or temporary, paid or unpaid nature of the position and regardless of the hierarchical level the Person occupies, (ii) any other Person who performs a public function, including for a State institution or a State owned company, or who provides a public service, or (iii) any other person defined as a Public Officer by the national laws of the Contracting Authority’s country, an undue advantage of any kind, for himself or for another Person or entity, for such Public Officer to act or refrain from acting in his official capacity;
6.4 We have not promised, offered or given and we will not promise, offer or give, directly or indirectly to any Person who occupies an executive position in a private sector entity or works for such an entity, regardless of the nature of his/her capacity, any undue advantage of any kind, for himself or another Person or entity for such Person to perform or refrain from performing any act in breach of its legal, contractual or professional obligations;
6.5 We have not and we will not engage in any practice likely to influence the contract award process to the detriment of the Contracting Authority and, in particular, in any anti competitive practice having for object or for effect to prevent, restrict or distort competition, namely by limiting access to the market or the free exercise of competition by other undertakings;
6.6 Neither we nor any of the members of our joint venture or any of our suppliers, contractors, subcontractors, consultants or subconsultants shall acquire or supply any equipment nor operate in any sectors under an embargo of the United Nations, the European Union or France;
6.7 We commit ourselves to comply with and ensure that all of our suppliers, contractors, subcontractors, consultants or subconsultants comply with international environmental and labour standards, consistent with laws and regulations applicable in the country of implementation of the Contract, including the fundamental conventions of the International Labour Organisation (ILO) and international environmental treaties. Moreover, we shall implement environmental and social risks mitigation measures when specified in the environmental and social commitment plan (ESCP) provided by the Contracting Authority.
7. We, as well as members of our joint venture and our suppliers, contractors, subcontractors, consultants or subconsultants authorise AFD to inspect accounts, records and other documents relating to the procurement process and performance of the contract and to have them audited by auditors appointed by AFD.
Name: In the capacity of:
Duly empowered to sign in the name and on behalf of :
Signature:
Dated: