Consultancy Services to Design and Supervise Works at Kidyama and Kakonko Tender

Procurement Summary

Country : Tanzania

Summary : Consultancy Services to Design and Supervise Works at Kidyama and Kakonko

Deadline : 30 Sep 2020

Other Information

Notice Type : Tender

TOT Ref.No.: 45795767

Document Ref. No. : TAN 141

Competition : ICB

Financier : Belgian Development Corporation (BDC)

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

Purchaser : ENABEL - BELGIAN DEVELOPMENT AGENCY
Attn: Enabel Intervention Manager, Amos CHIGWENEMBE C/o Lake Tanganyika Basin Water Board Premises, P.O. Box 24, Kigoma
Tanzania
Email :amos.chigwenembe@enabel.be
URL :http://www.enabel.be/

Tender Details

Tenders are invited for Services Procurement Contract for „Consultancy Services to Design and Supervise Works at Kidyama and Kakonko‟.

Tender Specifications TAN 141

Services procurement contract for „Consultancy services to Design and Supervise Works at Kidyama and Kakonko‟

Navision code: 140 32 11

Country: Tanzania

Negotiated procedure without previous publication

1 General provisions

1.1 Derogations from the General Implementing Rules

Chapter „Specific contractual and administrative conditions- of these Tender Specifications (CSC/Cahier Spécial des Charges) holds the specific administrative and contractual provisions that apply to this public procurement contract as a derogation of the Royal Decree of 14.01.2013 or as a complement or an elaboration thereof.

These tender documents derogate Art. 26 of the General Implementing Rules (see point “Performance bond (Art. 25-33)”. This deviation is founded on the idea of providing possible local tenderers with an opportunity to submit a tender.

1.2 Contracting authority

The contracting authority of this public procurement contract is Enabel, the Belgian development agency, public-law company with social purposes, with its registered office at Rue Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR Brussels). Enabel has the exclusive competence for the execution, in Belgium and abroad, of public service tasks of direct bilateral cooperation with the partner countries. Moreover, it may also perform other development cooperation tasks at the request of public interest organisations, and it can develop its own activities to contribute towards realisation of its objectives.

For this procurement contract, Enabel is represented Koen GOEKINT, Representative Resident in Tanzania.

1.3 Institutional setting of Enabel

The general framework of reference in which Enabel operates is:

- The Belgian Law on Development Cooperation of 19 March 20131;

- The Belgian Law of 21 December 1998 establishing the Belgian Technical Cooperation as a publiclaw company2;

- The Belgian Law of 23 November 2017 changing the name of the Belgian Technical Cooperation and defining the missions and functioning of Enabel, the Belgian development agency, published in the Belgian Official Gazette on 11 December 2017.

The following initiatives are also guiding Enabel in its operations: We mention as main examples:

 In the field of international cooperation: The United Nations Sustainable Development Goals and the Paris Declaration on the harmonisation and alignment of aid;

 In the field of the fight against corruption: The Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 20033, as well as the Law of 10 February 1999 on the Suppression of Corruption transposing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

 In the field of Human Rights: the United Nations‟ Universal Declaration of Human Rights (1948) as well as the 8 basic conventions of the International Labour Organisation4 on Freedom of Association (C. n°87), on the Right to Organise and

Collective Bargaining (C. n°98), on Forced Labour (C. n°29 and 105), on Equal
Remuneration and on Discrimination in Respect of Employment (C. n°100 and 111), on
Minimum Age for Admission to Employment (C. n°138), on the Prohibition of the Worst
Forms of Child Labour (C. n°182);
 In the field of environmental protection: The Climate Change Framework Convention in
Paris, 12 December 2015;
 The first Management Contract concluded between Enabel and the Belgian federal State
(approved by the Royal Decree of 17.12.2017, Belgian Official Gazette 22.12.2017) that
sets out the rules and the special conditions for the execution of public service tasks by
Enabel on behalf of the Belgian State.
1.4 Rules governing the procurement contract
This public contract shall be governed by the Belgian law, among others:
 The Law of 17 June 2016 on public procurement contracts5;
 The Law of 17 June 2013 on justifications, notification and legal remedies for public
procurement contracts and certain procurement contracts for works, supplies and services6;
 The Royal Decree of 18 April 2017 on the award of public procurement contracts in the
classic sectors7;
 Royal Decree of 14 January 2013 establishing the General Implementing Rules for public
procurement contracts and for concessions for public works8;
 Circulars of the Prime Minister with regards to public procurement contracts.
 All Belgian regulations on public procurement contracts can be consulted on
www.publicprocurement.be.
The following also apply to this contract:
 The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the processing of personal data and
on the free movement of such data (General Data Protection Regulation - „GDPR‟), and
repealing Directive 95/46/EC;
 The Law of 3 December 2017 establishing the Data Protection Authority;
 The Law of 30 July 2018 on the protection of natural persons with regard to the processing
of personal data;
 The Law of 12 January 2007 aiming at monitoring the application of the resolutions from the
world conference on women held in Beijing in September 1995 and at integrating the gender
perspective into the whole of the federal policies.
1.5 Definitions
The following definitions apply to this procurement contract:
The tenderer: An economic operator submitting a tender;
The contractor/ service provider: The tenderer to whom the procurement contract is awarded;

5
Belgian Official Gazette 14 July 2016.
6
Belgian Official Gazette of 21 June 2013.
7
Belgian Official Gazette 9 May 2017.
8
Belgian Official Gazette 27 June 2017.
8
The contracting authority: Enabel, represented by the Resident Representative of Enabel in
Tanzania;
The tender: Commitment of the tenderer to perform the procurement contract under the
conditions that he has submitted;
Days: In the absence of any indication in this regard in the Tender Specifications and the
applicable regulations, all days should be interpreted as calendar days;
Procurement documents: Tender Specifications including the annexes and the documents they
refer to;
Technical specifications: A specification in a document defining the characteristics of a product
or a service, such as the quality levels, the environmental and climate performance levels, the
design for all needs, including accessibility for people with disabilities, and the evaluation of
conformity, of product performance, of the use of the product, safety or dimensions, as well as
requirements applicable to the product as regards the name by which it is sold, terminology,
symbols, testing and test methods, packaging, marking or labelling, instructions for use, the
production processes and methods at every stage in the life cycle of the supply or service, as well
as the evaluation and conformity procedures;
Variant: An alternative method for the design or the performance that is introduced either at the
demand of the contracting authority, or at the initiative of the tenderer;
Option: A minor and not strictly necessary element for the performance of the procurement
contract, which is introduced either at the demand of the contracting authority, or at the
initiative of the tenderer;
Inventory: The procurement document which splits up the performance in different items and
specifies the quantity or the method to determine the price for each of them;
General Implementing Rules (GIR): Rules laid down in the Royal Decree of 14.01.2013
establishing the General Implementing Rules for public procurement contracts and for
concessions for public works;
The Tender Specifications (Cahier spécial des charges/CSC): This document and its annexes and
the documents it refers to;
Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as an
inducement or reward for performing or refraining from any act relating to the award of a
procurement contract or performance of a procurement contract already concluded with the
contracting authority;
Litigation: Court action.
1.6 Confidentiality
The tenderer or contractor and Enabel are bound to secrecy vis-à-vis third parties with regards to
any confidential information obtained within the framework of this procurement contract and will
only divulge such information to third parties after receiving the prior written consent of the other
party.
They will disclose this confidential information only among appointed parties involved in the
assignment. They guarantee that said appointed parties will be adequately informed of their
obligations in respect of the confidential nature of the information and that they shall comply
9
therewith.
Privacy notice of Enabel: Enabel takes your privacy serious. We undertake to protect and
process your personal data with due care, transparently and in strict compliance with privacy
protection legislation.
See also: https://www.enabel.be/content/privacy-notice-enabel
1.6.1 Deontological obligations
Any failure to comply with one or more of the deontological clauses may lead to the exclusion of the
candidate, tenderer or contractor from other public procurement contracts for Enabel.
For the duration of the procurement contract, the contractor and his staff respect human rights and
undertake not to go against political, cultural or religious customs of the beneficiary country. The
tenderer or contractor is bound to respect fundamental labour standards, which are internationally
agreed upon by the International Labour Organisation (ILO), namely the conventions on union
freedom and collective bargaining, on the elimination of forced and obligatory labour, on the
elimination of employment and professional discr

Documents

 Tender Notice