Consultancy Services to Undertake Technology Audit of Bamboo Value Chain

Tenders are invited for Consultancy Services to Undertake Technology Audit of Bamboo Value Chain Tender documents EnabelRWA19011 10003 of May 2020Public services contract to UNDERTAKE TECHNOLOGY AUDIT OF BAMBOO VALUE CHAIN Country RWANDANavision code RWA19011111 General point 1 1 Deviations from the General Implementing Rules Point 4 Specific contractual provisions of these tender documents includes the administrative and contractual terms that apply to this public contract as a deviation of the General Implementing Rules of public contracts Royal Decree of 14 January 2013 or as a complement or an elaboration thereof 1 2 Contracting authority The contracting authority of this public contract is Enabel Belgian development agency further called Enabel 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 supports the developing countries in the fight against poverty on behalf of the Belgian government In addition to this public service mission Enabel also performs services for other national and international organisations contributing to sustainable human development Moreover Enabel can also perform other development cooperation missions at the request of public interest organisations and it can develop its own activities to contribute towards realization of its objectives For this public contract Enabel is represented by Mr Dirk DEPREZ Resident Representative of Enabel in RWANDA 1 3 Institutional framework of EnabelThe general reference framework under which Enabel operates is the Belgian Law of 19 March 2013 on Development Cooperation1 the Belgian Law of 21 December 1998 establishing the Belgian Technical Cooperation as a public law company2 as well as the Belgian Law of 23 November 20173 changing the name of the Belgian Technical Cooperation and defining the missions and functioning of Enabel the Belgian development agency The following developments are also a leitmotiv in Enabel 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 are important touchstones In the field of fighting corruption The Law of 8 May 2007 approving the United Nations Convention against Corruption adopted in New York on 31 October 20034 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 Organisation5 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 respecting the environment 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 December 2017 which 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 public contractThis public contract shall be governed by the Belgian law among others The Law of 17 June 2016 on public procurement6 The Law of 17 June 2013 on motivation information and remedies in respect of public contracts and certain works supply and service contracts7 The Royal Decree of 18 April 2017 concerning the award of public works supply and service contracts in the classical sector8 The Royal Decree of 14 January 2013 establishing the General Implementing Rules of public contracts9 Circulars of the Prime Minister with regards to public contracts6 1 5 DefinitionsThe following definitions shall be used for the purposes of this contract Tenderer The economic operator that submits a tender Contractor service provider The tenderer to whom the contract is awarded Contracting authority Enabel represented by the Resident Representative of Enabel in RWANDA Tender The commitment of the tenderer to perform the public contract under the conditions that he has submitted Tender documents This document and its annexes and the documents it refers 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 kinds of needs including access for people with disabilities and the evaluation of conformity the product performance the use of the product the safety or dimensions as well as requirements applicable to the product as regards the name under which it is sold the terminology symbols the testing and test methods the packaging the marking or labelling instructions for use the production processes and methods at any stage of the life cycle of the supply or service as well as the evaluation and conformity procedures General Implementing Rules Rules given in the Royal Decree of 14 January 2013establishing the general rules for the performance of public contracts Variant An alternative method for the design or the performance that is introduced eitherat the demand of the contracting authority or at the initiative of the tenderer Option an accessory element which is not strictly necessary to the performance of thecontract but which has been introduced on demand of the contracting authority or on theinitiative of the tenderer Corrupt practices The offer of a bribe gift gratuity or commission to any person as aninducement or reward for performing or refraining from any act relating to the award ofa contract or implementation of a contract already concluded with the contractingauthority Litigation Court action 1 6 ConfidentialityThe tenderer or contractor and Enabel are bound to secrecy vis vis third parties withregards to any confidential information obtained within the framework of this contract andwill only divulge such information to third parties after receiving the prior written consent ofthe other party They will disseminate this confidential information only among appointed parties involvedin the assignment They guarantee that said appointed parties will be adequately informed oftheir obligations in respect of the confidential nature of the information and that they willcomply therewith 1 7 Deontological obligationsAny failure to conform with one or more of the deontological terms may lead to the exclusionof the candidate the tenderer or the contractor from other public contracts concluded withEnabel For the duration of the contract the contractor and its staff respect human rights andundertake 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 areinternationally agreed upon by the International Labour Organisation ILO namely theconventions on union freedom and collective bargaining on the elimination of forced andobligatory labour on the elimination of employment and professional discrimination and onthe abolition of child labour Any attempt of a candidate or a tenderer to obtain confidential information to proceed toillicit arrangements with competitors or to influence the evaluation committee or thecontracting authority during the investigation the clarification evaluation of tenders andapplicants comparison procedures will lead to the rejection of the application or the tender Moreover in order to avoid any impression of risk of partiality or connivance in the followup and control of the performance of the contract it is strictly forbidden to the contractor tooffer directly or indirectly gifts meals or any other material or immaterial advantage ofwhatever value to the employees of the contracting authority who are concerned directly orindirectly by the follow up and or control of the performance of the contract regardless oftheir hierarchical rank Any tender will be rejected and any public contract will be cancelled once it appears thatthe contract awarding or its performance was related to the transfer of extraordinary 7commercial expenditure Extraordinary commercial expenditure is any commission that isnot mentioned in the main contract or that does not result from a contract in good and dueform referring to that contract any commission that is paid for no actual legal service anycommission transferred into a fiscal paradise any commission transferred to a beneficiarythat is not clearly identified or to a company that obviously merely serves as a fa ade The contractor of the public contract commits to supply upon the demand of the contractingauthority any supporting documents related to the performance conditions of the contract The contracting authority will be allowed to proceed to any control on paperwork or on thesite which it considers necessary to collect evidence to support the presumption of unusualcommercial expenditure Depending on the gravity of the facts observed the contractorhaving paid unusual commercial expenditure is liable to have his contract cancelled or to bepermanently excluded 1 8 Applicable law and competent courtThe public contract must be performed and interpreted acc

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Global Tender Document	Tender Notice