RFP/2021/001 FOR THE ESTABLISHMENT OF A FRAME AGREEMENT FOR THE PROVISION OF LEGAL SERVICES

INTRODUCTION TO UNHCR

The Office of the United Nations High Commissioner for Refugees was established on December14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It also has a mandate to help stateless people. In more than five decades, the agency has helped tens of millions of people restart their lives.

Today, a staff of some 6,600 people in more than 110 countries continues to help about 60 million persons. To help and protect some of the world’s most vulnerable people in so many places and types of environment, UNHCR must purchase goods and services worldwide. For further information on UNHCR, its mandate and operations please see http://www.unhcr.org.

1. REQUIREMENTS

The Office of the United Nations High Commissioner for Refugees (UNHCR), Representation in Egypt, invites qualified service providers to make a firm offer for the establishment of Frame Agreement(s) for the provision of legal services.

IMPORTANT:

The Terms of Reference (TORS) are detailed in Annex A of this document. UNHCR may award Frame Agreement(s) with initial duration of 2 (two) years, potentially extendable for a further period of 1 (one) year. The successful bidders will be requested to maintain their quote price model for the duration of agreement.

The estimated annual requirement of UNHCR is 700 cases across different service items. Please note that figures have been stated in order to enable bidders to have an indication of the projected requirements. It does not represent a commitment that UNHCR will purchase a minimum quantity of goods / services. Quantities may vary and will depend on the actual requirements and funds available regulated by issuance of individual Purchase Orders against the Frame Agreement.

Other United Nations Agencies, Funds and Programmes shall be entitled to the same prices and terms as those contained in the offers of the successful bidders and could form the basis for a Frame Agreement with other UN Agencies.

IMPORTANT:

When a Frame Agreement is awarded, either party can terminate the agreement only upon 30 days’ notice, in writing to the other party.

The initiation of conciliation or arbitral proceedings in accordance with article 19 “settlement of disputes” of the UNHCR General Conditions of Contracts for provision of Goods and Services shall not be deemed to be a “cause” for or otherwise to be in itself a termination clause.

It is strongly recommended that this Request for Proposal and its annexes be read thoroughly. Failure to observe the procedures laid out therein may result in disqualification from the evaluation process.

Sub-Contracting: Please take careful note of article 5 of the attached General Terms and Condition(Annex E).

Note: this document is not construed in any way as an offer to contract with your firm.

2.  BIDDING INFORMATION:

2.1. RFP DOCUMENTS

The following annexes form integral part of this Request for Proposal:

Annex A: Terms of Reference and offer form (TORs)

Annex B: Financial Offer Form

Annex C: Vendor Registration Form

Annex D: UNHCR General Conditions of Contracts for the Provision of Services – July 2018

Annex E:  UN Supplier Code of Conduct

Annex F: Confirmation on Vendor Sanction Lists

2.2 ACKNOWLEDGMENT

We would appreciate your informing us of the receipt of this RFP by return e-mail to

HANNAM@unhcr.org as to:

–  Your confirmation of receipt of this RFP

–   Whether or not you will be submitting a bid

IMPORTANT:

Failure to send the above requested information may result in disqualification of your offer from

further evaluation.

2.3 REQUESTS FOR CLARIFICATION

 Bidders are required to submit any request for clarification or any question in respect of this

RFP by e-mail to ARECASUP@unhcr.org. The deadline for receipt of questions is 23:59 hrs EST on 4/3/2021.  Bidders are requested to keep all questions concise.  

IMPORTANT: 

Please note that Bid Submissions are NOT to be sent to the e-mail address above. Bid Submissions sent directly to the e-mail address above will result in disqualification of the offer. UNHCR will reply to the questions received as soon as possible by means of publication on its website or by email to all invited bidders.

 UNHCR will organize a supplier pre-bid conference over Zoom, on 8/3/21 at 10:00 AM.  A maximum of two representatives per company is allowed. Names and contact details of the company’s representatives must be provided, at least two working days in advance, by email to

ARECASUP@unhcr.org.

 Participation to the pre-tender conference shall be at the bidders’ own expenses. There will

 be no reimbursement from UNHCR.

 Participation to the pre-tender conference is strongly recommended given the complexity

of the requirements. However,after the supplier conference, a Questions & Answers

document will be prepared and posted on the UNHCR website or distributed by email to all

invited bidders.

2.4 YOUR OFFER

IMPORTANT: 

Cancellation of Solicitation: UHCR reserves the right to cancel a Solicitation at any stage of the

procurement process prior to final notice of award of a contract.

Your offer shall be prepared in English.

Please submit your offer using the Annexes provided. Offers not conforming to the requested

formats may be not taken into consideration.

IMPORTANT:

Inclusion of copies of your offer with any correspondence sent directly to the attention of the

responsible buyer or any other UNHCR staff other than the submission e-mail address will result in

disqualification of the offer. Please send your bid directly to the address provided in the “Submission

of Bid” section 2.6) of this RFP.

Your offer shall comprise the following two sets of documents:

–  Technical offer

– Financial offer

2.4.1  Content of the TECHNICAL OFFER

IMPORTANT:

No pricing information should be included in the Technical offer. Failure to comply may risk

disqualification. The technical offer should contain all information required.

The Terms of Reference (TORs) of the services requested by UNHCR can be found in

Annex A. Clearly state and disclose any discrepancies with the specifications given.

Your technical offer should be concisely presented and structured in the following order to

include, but not necessarily be limited to, the following information:

–  Description of the company and the company’s qualifications

A description of your company with the following documents: company profile,

registration certificate and last audit reports:

• Year founded;

• If multi location company, specify headquarters location;

• Number of similar and successfully completed projects;

• Number of similar projects currently underway;

• Total number of clients;

  Include any information that will facilitate our evaluation of your company’s

substantive reliability, financial and managerial capacity to provide the services.

 – Understanding of the requirements for goods, services, proposed approach,

solutions, methodology and outputs

  Any comments or suggestions on the TOR, as well as your detailed description of the

manner in which your company would respond to the TOR:

• A description of your organization’s capacity to provide the goods / services;

• A description of your organization’s experience in the supply of these goods /

services.

• Compliance to the requirements stated on the TOR.

   Proposed personnel to carry out the assignment 

  The composition of the team you propose to provide.

• Curriculum Vitae of core staff.

Vendor Registration Form: If your company is not already registered with UNHCR,

you should complete, sign and submit with your technical proposal the Vendor

Registration Form (Annex C).

If your company is already registered with UNHCR, please submit an empty

Vendor Registration Form clearly indicating your UNHCR Vendor ID.

UNHCR General Conditions for Provision of Goods and Services: Your technical

offer should contain your acknowledgement of the UNHCR General Conditions for

Provision of Goods and Services by signing Annex D.

However, please note that submitting an offer is deemed as full acceptance of

UNHCR’s General Conditions for Provision of Goods and Services.

2.4.2  Content of the FINANCIAL OFFER

Your separate Financial Offer must contain an overall offer in a single currency, in Egyptian Pounds.

The financial offer must cover all the services to be provided (price “all inclusive”). The Financial Offer is to be submitted as per the Financial Offer Form (Annex B). Bids that have a different price structure may not be accepted.

UNHCR is not exempt from all direct taxes and customs duties. With this regard, price has to be given with VAT.

You are requested to hold your offer valid for 120 days from the deadline for submission. UNHCR will make its best effort to select a company within this period. UNHCR’s standard payment terms are within 30 days after satisfactory implementation and receipt of documents

in order.

The cost of preparing a bid and of negotiating a contract, including any related travel, is not reimbursable nor can it be included as a direct cost of the assignment. Any activity undertaken or expenses incurred in preparation of a contract before an actual contract is signed shall be borne by the Bidder. An advance notice or information of award is not to be considered as a contract.

UNHCR will not provide any advance payments or payments by letter of credit. The standard payment terms are by bank transfer net thirty (30) days after acceptance of contractor’s invoice and delivery of the goods to the and/or acceptance by UNHCR of the services.

2.5 BID EVALUATION:

Each proposal from a Bidder will be considered separately and independently. Bidders shall submit a complete proposal for each solicitation in which they wish to participate. References to previous or on-going proposals will be not considered. Award of a previous contract with

UNHCR will not be considered in itself as a preference or guarantee for the award of future solicitations on the same subject.

2.5.1  Supplier Registration: 

The qualified supplier(s) will be added to the Vendor Database after investigation of suitability based on the submitted Vendor Registration Form and supporting documents. The investigation involves consideration of several factors such as: 

• Financial standing; 

• Core business;

• Track record; 

• Contract capacity.

Failure to provide the abovementioned documentation, might lead to disqualification.

2.5.2 Technical and Financial evaluation:

For the award of this project, UNHCR has established evaluation criteria which govern the

selection of offers received. Evaluation is made on a technical and financial basis. The percentage assigned to each component is determined in advance as follows:

The Technical offer will be evaluated using inter alia the following criteria and percentage distribution: 60% from the total score: Legal evidence of company providing these services in Egypt for a minimum of 3 years Pass/Fail

BAR association license to perform legal services in Egypt Pass/Fail

Tax ID Pass/Fail

Representation of both genders in the proposed team Pass/Fail

Information that will facilitate our evaluation of your company’s

substantive reliability and managerial capacity to provide the services

Max. 20 points

A description of your organization’s capacity to provide the requested

services

Max. 20 points

Compliance to the requirements stated on the TOR – i.e. individual

confirmation on ability to provide the requested service by completing

the response sheet

Max. 20 points

Three references from clients for similar services Max. 20 points

CVs of proposed staff Max. 20 points

Total 100 points X 60%

The Technical offer score will be calculated according to the percentage distribution for the

technical and financial offers.

The cut-off point for submissions to be considered technically compliant will be 42% out of

the 60% or 70 points out of 100 points.

Clarifications of Proposals:

To assist in the examination, evaluation and comparison of proposals UNHCR may at its discretion ask the Bidder for clarification about the content of the proposal. The request for clarification and the response shall be in writing and no change in price or substance of the proposal shall be sought, offered or accepted. The Financial offer will use the following percentage distribution: 40% from the total score.

The financial component will be analyzed only for those suppliers that pass the technical evaluation.

The maximum number of points will be allotted to the lowest price offer that is opened and compared among those invited firms. All other price offers will receive points in inverse proportion to the lowest price; e.g., [total Price Component] x [US$ lowest] \ [US$ other] = points for other supplier’s Price Component.

 For evaluation purposes only, the offers submitted in currency other than US Dollars will be converted into US Dollars using the United Nations rate of exchange in effect on the date the submissions are due.

2.6  SUBMISSION OF BID:

The offers must bear your official letter head, clearly identifying your company.

Bids should be submitted by e-mail and all attachments should be in PDF and EXCEL formats. The Technical and Financial offers shall be clearly separated.

Bid must be sent by e-mail ONLY to: ARECATEN@unhcr.org

IMPORTANT:

The technical offer and financial offer are to be sent in separate documents. Failure to do so may result in disqualification.  Deadline: [15/03/2021], 23:59 hrs EST.

IMPORTANT

Any bid received after this date or sent to another UNHCR address may be rejected. UNHCR may, at its discretion, extend the deadline for the submission of bids, by notifying all prospective bidders simultaneously.

It is your responsibility to verify that all e-mails have been received properly before the deadline. Please be aware of the fact that the e-mail policy employed by UNHCR limits the size of attachments to a maximum of 8 Mb so it may be necessary to send more than one email

Please indicate in e-mail subject field:

– Bid [RFP/2021/1]

– Name of your firm with the title of the attachment

– Number of e-mails that are sent (example: 1/3, 2/3, 3/4).

For example: RFP/2021/1 Company ABC (email 1 of 3)

UNHCR will not be responsible for locating or securing any information that is not identified in the bid. Accordingly, to ensure that sufficient information is available, the bidder shall furnish, as part of the bid, any descriptive material such as extracts, descriptions, and other necessary information it deems would enhance the comprehension of its offer.

2.7 BID ACCEPTANCE:

UNHCR reserves the right to accept the whole or part of your bid, or allow split or partial awards on this project.

UNHCR may at its discretion increase or decrease the proposed content when awarding the contract and would not expect a significant variation of the rate submitted. Any such increase or decrease in the contract duration would be negotiated with the successful bidder as part of the finalization of the Purchase Orders for Services. UNHCR may, at its discretion, extend the deadline for the submission of bids, by notifying all prospective suppliers in writing. The extension of the deadline may accompany a modification of the solicitation documents prepared by UNHCR at its own initiative or in response to a clarification requested by a prospective supplier.

Please note that UNHCR is not bound to select any of the firms submitting bids and does not bind itself in any way to select the firm offering the lowest price. Furthermore, the contract will be awarded to the bid considered most responsive to the needs, as well as conforming to UNHCR’s general principles, including economy and efficiency and best value for money.

2.8 CURRENCY AND PAYMENT TERMS FOR PURCHASE ORDERS

Any Purchase Order (PO) issued as a result of this RFP will be made in the currency of the winning offer(s). Payment will be made in accordance to the General Conditions for the Provision of Goods and Services and in the currency in which the PO is issued. Payments shall only be initiated after confirmation of successful completion by UNHCR business owner.

2.9 UNHCR GENERAL CONDITIONS OF CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES

Please note that the General Conditions of Contracts (Annex D) will be strictly adhered to for the purpose of any future contract. The Bidder must confirm the acceptance of these terms and conditions in writing.

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