Changes1.Publication reference

EuropeAid/140454/IH/SER/MULTI

2.Procedure

Restricted

3.Programme title

Port Security and Safety of Navigation in Eastern and Southern Africa and the Indian Ocean

4.Financing

Financing agreement — RSO/FED/038-548

5.Contracting Authority

Indian Ocean Commission, Ebène – REPUBLIC of MAURITIUS

Clarifications may be sought from the contracting authority at the following email address:

secretariat@coi-ioc.org at the latest 21 days before the deadline for submission of applications stated at the point 23 below.

Clarifications will be published on the website of DG International Cooperation and Development at the latest 5 days before the deadline.

Contract specification6.Nature of contract

Fee-based

7.Contract description

This programme aims at improving port security and the safety of navigation in the Eastern and Southern Africa and the Indian Ocean region. To that end it will strengthen the capacities of maritime affairs authorities, government and port agencies, inter alia, to undertake Port State Control Inspections on board and it will ensure the transposition and implementation of international legislation. The programme also aims at improving port security legislation and at the adoption of the related compliance framework and its effective enforcement by the ports of the region.

The technical assistance requested will need to undertake overall coordination and supervision of the programme in order to ensure coherence and pace of implementation of activities with the various implementing agencies such as Interpol, UNODC and IMO as well as partner countries of the region. The Indian Ocean Commission (IOC) will also be responsible for the development of mechanism of regional information sharing and data exchange on cargo and passengers.

8.Number and titles of lots

One lot only.

9.Maximum budget

1 000 000 EUR

10.Scope for additional services

The contracting authority may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding up to the estimated amount of approximately 50 % of the maximum budget. Any extension of the contract would be subject to satisfactory performance by the contractor.

Conditions of participation11.Eligibility

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

Participation is also open to international organisations.

Please be aware that after the United Kingdom's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries will apply to candidates or tenderers from the United Kingdom depending on the outcome of negotiations. In case such access is not provided by legal provisions in force at the time of contract award, candidates or tenderers from the United Kingdom could be rejected from the procurement procedure.

12.Candidature

All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.

A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the contracting authority.

The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.

13.Number of applications

No more than 1 application 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 prohibited

Any tenders received from tenderers comprising firms other than those mentioned in the shortlisted application forms will be excluded from this restricted tender procedure unless prior approval from the contracting authority has been obtained (see practical guide — PRAG — 2.6.3.).

Short-listed candidates may not form alliances or subcontract to each other for the contract in question.

15.Grounds for exclusion

As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in section 2.6.10.1. of the PRAG.

Candidates included in the lists of EU restrictive measures (see section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.

16.Sub-contracting

Subcontracting is allowed.

17.Number of candidates to be short-listed

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

Provisional timetable18.Provisional date of invitation to tender

20.3.2020

19.Provisional commencement date of the contract

1.6.2020

20.Initial period of implementation of tasks

48 months.

Selection and award criteria21.Selection criteria

The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single member companies when they are subcontractors.

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 for which accounts have been closed.

— the average annual turnover of the candidate for the last 3 financial years (2017, 2018 and 2019) must exceed 250 000 EUR or equivalent,

— current ratio (current assets/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 3 years from submission deadline,

— at least 3 permanent staffs currently work for the candidate in fields related to this contract.

3) Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last 3 years from submission deadline.

— the candidate has provided services under at least 3 contracts each with a budget of at least 500 000 EUR in project management and coordination in the maritime sector which were implemented at any moment during the reference period, 3 years from submission deadline.

This means that the project the candidate refers to could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Candidates 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 has implemented the project in a consortium, the percentage that the candidate 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. Documentary evidence is not required at the application stage but will be requested with the invitation to tender.

Previous experience which caused breach of contract and termination by a contracting authority shall not be used as reference.

An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them.

Some examples of when it may not be considered appropriate by the contracting authority are when the tender rely in majority on the capacities of other entities or when they rely on key criteria. If the tenderer relies on other entities it must prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility — notably that of nationality — and must comply with the selection criteria for which the economic operator relies on them. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the contracting authority.

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 additional comparative criteria that will be taken into consideration during this re-examination, in the order that they appear below, are:

1) The highest number of projects that meet criteria 3;

2) The highest cumulated value of all the project that meet criteria 3.

N.B.: additional comparative criterion No 1 shall be applied to all the eligible candidates that meet the selection criteria. If, after applying additional comparative criterion No 1, it is not possible to identify.

The 8 best candidates because 2 or more candidates are tied for the 8th position, additional comparative criterion No 2 shall be applied only to these tied candidates.

22.Award criteria

Best price-quality ratio.

Application23.Deadline for receipt of applications

The candidate attention is drawn to the fact that there are 2 different systems for sending applications: one is by post or private mail service, the other is by hand delivery.

In the first case, the application must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip(1), but in the second case it is the acknowledgment of receipt given at the time of the delivery of the application that will serve as proof.

The deadline for receipt of applications is 20.2.2020 at 16.00 latest (Mauritius time).

Any application sent to the contracting authority after this deadline will not be considered.

The contracting authority may, for reasons of administrative efficiency, reject any application submitted on time to the postal service but received, for any reason beyond the contracting authority's control, after the effective date of approval of the short-list report, if accepting applications that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.

(1) It is recommended to use registered mail in case the postmark would not be readable.

24.Application format and details to be provided

Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available from the following Internet address:

http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=B

The application must be accompanied by a declaration of honour on exclusion and selection criteria using the template available from the following internet address:

http://ec.europa.eu/europeaid/prag/annexes.do?chapterTitleCode=A

Any additional documentation (brochure, letter, etc.) sent with an application will not be taken into consideration.

25.How applications may be submitted

Applications must be submitted in English exclusively to the contracting authority in a sealed envelope:

— either by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to: Head of Procurement

Indian Ocean Commission, Blue Tower, 3rd floor, Rue de l’Institut, Ebène, MAURITIUS.

— or hand delivered by the candidate in person or by an agent directly to the premises of the contracting authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to: Head of Procurement Indian Ocean Commission, Blue Tower, 3rd floor, Rue de l’Institut, Ebène, MAURITIUS.

Opening hours: 9.00-16.00 from Monday to Friday

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 applications

Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.

Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Item 25. The outer envelope (and the relevant inner envelope if used) must be marked ‘Alteration’ or ‘Withdrawal’ as appropriate.

27.Operational languag

All written communications for this tender procedure and contract must be in English.

28.Date of publication of prior information notice

29.8.2019.

29.Legal basis(2)

Annex IV to the partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part and the European Community and its member states, of the other part, signed in Cotonou on 23.6.2000 as amended in Luxembourg on 25.6.2005 and in Ouagadougou on 22.6.2010. Reference is made to Annex IV as revised by Decision 1/2014 of the ACP-EU Council of Ministers of 20.6.2014.

(2) Please state any specificity that might have an impact on rules on participation (such as geographic or thematic or long/short term).

30.Additional information

Financial data to be provided by the candidate in the standard application form must be expressed in EUR. If applicable, where a candidate refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of month and year of the applicable InforEuro exchange rate, which can either correspond to the month and year of the publication of the present contract notice or the month and year corresponding to the deadline for submitting applications, which can be found at the following address:

http://ec.europa.eu/budget/graphs/inforeuro.html

Deadline Date2020-02-20
Publication Date2020-01-21
CountryMauritius
Procurement StatusActive
TypeRestricted procedure
Contract TypeServices
Award CriteriaThe most economic tender
OrganisationIndian Ocean Commission
TownEbène
Class Code71356200
Class DescriptionTechnical assistance services
SourceOffice for Official Publications of the European Communities - Tenders electronic daily (Ted)