MINISTERIO DAS OBRAS PUBLICAS. DIREGAO GERAL DE ADMINISTRACAO E FINANGAS Diregéio Nacional de Aprovisionamento (DNA) Request for Proposal for Consultant Services for Preparation of Detailed Engineering Design for Dili Urban Road (Re-tender) RFP-MOP-20002 Full Technical Proposal 4 ithLetter of Invitation RFP No. FBS-MOP-20002 ‘The Ministry of Public Works on behalf of the Government of the Democratic Republic of Timor Leste, now invites Eligible Consutants (InterationalNationa) to indicate thr interest in providing the services for the “Consultant Services for the reparation of Detailed Engineering Design (DED) for Dili Urban Road (re-tender)” 1. Interested Consutants must provide information indicating that they are qualified to perform the services such ac description of simiar assignments, experience i similar conditions, avalabity of appropriate coneutans, 2. The Ministry Estimated Amount of Contract is: USD 276,760.00, Proposels that exceed the estimeted amount will be rejected, 3, The Request for Proposal (RFP) document may be purchased beginning 7 July 2020 from the National Directorste for Procurement, Mnist'y of Public Works in Rua 20 de Maio, Di, Timor Leste by eligible bidders/Consulng Firms on the submission of a written application, along with the copy of company registration certificate, and upon payment of a non-refundable fee of Twenty Dollars (USD 20,00) in a form of bank receipt for fee deposted in any reputable bank of ‘Timor Leste, Current Account Number within office hours, 4. Mandatory Pre Proposal Conference will be held on 21 July 2020 at 3:00 HTL to be conducted by the technical representatives from DNEPCC and the Technical Advisors from the Minty of Public Works (MPW) assisted by DNA while the Mandatory Site Visit wil be conducted on 24 July 2020; 5. This Invitation for Expression of interest shall be conducted on a two (2) envelope system, wherein the Technical Proposal, and Financial Proposal shall be submitted in separate sealec ervelopes with markings of “Tecanical Proposal’ and “Financial Proposa' and clearly marked with "Consulting Services for the Preparation of Detailed Engineering Design (DED) for Dili Urban Road (Re-tender)” and shall be further be enclosed in a sealed outer envelopes 5 Sealeo Proposals sion of inlerest must be delivered and addressed to Mr, Quintilano ‘Afonso Belo, Director National Directorate for Procurement, Ministry of Public Works, Rua 20 de Maio, Dili Timor Leste no later than 11 August 2020 at 15:00 HTL Documents received after this deadine shall not be accepted 7. Sealed Proposals wil be opened on 14, August 2020 at 16:30 HTL at the Conference Room of the Minster of Pubic, ‘Works anc shall be valid fr a period of 120 cays. 8. Ifthe last date of purchasing, submission and opening falls on a government holiday then the next working day shall be ‘considered the laet da). in such a case the bid vality shal be recagnized with the effect from the orignal 8d submission deadlines: 1. The Ministry of Public Works reserves the right to acceptor reject, wholly or patly any or all the bids without assigning reason, vhatsoever 2. The RFP includes the following documents: Section 1 — Invitation for Expression of interest Section 2- Instructions to Consullats, Data Sheet, Summary and Personnel Section 3 - Terms of Reference Section 4 - Technical Proposal / FTP] - Standard Fors Section 5- Financial Proposal - Standard Forms Section 8 - Standard Forms of Contract (Lump Sum) ry of Pubic Works reserves the right to acceptor reject, wholly or pany anor alSection 1. Instructions to Consultants DEFINITIONS zane “Client” means the agency with which the selected Consultant signs the Contract for the Services. “Consultant” means any entity or parson that may provide or provides consulting services under contract to the Client. “Contract’ means the Contract signed by the Parties and all the attached documents listed in its Clause 1, that is the General Conditions (GC), the Special Conditions (SC), and the Appendices, “Data Sheet” means such part of the Instructions to Consultants used to reflect specific country and assignment conditions. “Day’ means calendar day “FBS’ means Fixed Budget Selection “Goverment” means the government of the Democratic Republic of Timor Leste “Instructions to Consultants" (Section 1 of the RFP) means the document which provides short- listed Consultants with guidelines for Proposal preparation LCS’ means Lowest Cost Selection, wherein Consultant appointment is determined by the Consultant who achieves or exceeds the minimum score and offers the lowest price “LOI means the Letter of Invitation sent by the Client to the shortlisted Consultants, or otherwise ‘a notice of public invitation Personnel’ means professionels and support staff provided by the Consultant or by any Sub- Consultant and assigned to perform the Services or any part thereof, Proposal means the Technical Proposal and the Financial Proposal ‘QCBS" means Quality and Cost Based Selection, wherein Consultant appointment is determined by the Consultant achieving the technical proposal passing score and subsequently also achieving the highest aggregate score for Technical and Financial Proposals OTL’ means the "Democratic Republic of Timor Leste” RFP" means the Request For Proposals to be prepared by the Client for the selection of Consultants "Score" means numerical value of points awarded in the evaluation of technical and price proposals ‘Selection’ is the process and particular methods for evaluating proposals and appointing a Consultant ‘Services’ means the work to be performed by the Consultant pursuant to the Contract “Sub-Consultant’ means any person or entity with whom the Consultant subcontracts any part of the Services. ‘Terms of Reference’ (TOR) means the document included in the RFP 2s Section 2 Proposal Document which explains the objectives. scope of work, activities, tasks to be performed, respecte responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment, Ait1. 14 12 13 14 18 INTRODUCTION The Client named in the Data Sheet will select a consulting firm/ organization (the Consultant), in accordance with the method of selection specified in the Data Sheet. The Client will be acting on behalf of an RDTL Requesting Agency and in technical matters may be represented by a Supervising Technical Agency Eligible Consultants are invited to submit a Technical Proposal and a Financial Proposal, as specified in the Data Sheet, for consulting services required for the assignment named in the Data Sheet The Proposal will be the Dasis for contract negotiations and ultimately for a signed Contract with the selected Consultant. Consultants should be familiar with and take into account local and site conditions in preparing their Proposals. Consuitants are encouraged to visit the Client and the site and to attend a pre-proposal conference before submitting a proposal. Attending the pre-proposal conference and site visit will be optional or mandatory according to requirements stated in the Data Sheet. The Client will ina timely manner provide at no cost to the Consultants the inputs and facilities, specified in the Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports, Consultants shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The Client is not bound to accept any proposal, and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the Consultants. Conflict of Interest 16 Client policy requires that Consultants provide professional, objective, and impartial advice and atall times hold the Client's interests paramount, strictly avoid conflicts with other assignments and their own corporate interests and act without any consideration for future work, 4.6.1 Without limitation on the generality of the foregoing, Consultants, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, Under any of the circumstances set forth below. Conflicting activities (Ait and any ofits affiiates engaged by the Client to provide goods, works or services other than consulting services for a project, shall be disqualified from providing consulting services related to those goods, works or services, Conversely, a firm and any of its affiliates hired to provide consulting services, for the project preparation or implementation, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from oF directly related to the firm's consulting services for such preparation or implementation, wherein services otner than consulting services are defined as those leading to a measurable physical output; for example, surveys, exploratory driling, aerial photography, and satellite imagery, Conflicting assignments (i) A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates shall not be hired for any assignment thet, by its nature, may be in conflict with another assignment of the Consultant to be executed for the ‘same or for another Client Conflicting relationships (A Consultant (including its Personnel and Sub-Consuttants) that has 3 business or family relationship with a member of the Client's staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Lib1.6.2 (ii) Reference of the assignment, (i) the selection process for such assignment, or (il) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Client throughout the selection process and the execution of the Contract Consultants have an obligation to disclose any situation of actual or potential conflict of interests that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract. Government Agencies and Employees 16.3 No agency or current employees of the Client shall work as Consultants under their ‘own ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposell, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work fulltime outside of their previous official position. Such certification shail be provided to the Client by the Consultant as part of his technical proposal. Unfair Advantage 17 1.6.4 If a shortlisted Consultant could derive a competitive advantage from having provided consulting services related to the assignment in question, the Client shall make available to all short-listed Consultants together with this RFP all information that would in that respect give such Consultant any competitive advantage over ‘competing Consultants, Fraud and Corruption The Ministry of Public Works requires that Consultants participating in the Client's projects adhere to the highest ethical standards, both during the selection process and throughout the execution of a contract. In pursuance of this policy, the Client: a) (b) (d) (O} defines, for the purpose of this paragraph, the terms set forth below as follows: (“corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution, (i) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract; (i) “collusive practices’ means a scheme or arrangement between two or more consultants with or without the knowledge of the Client, designed to establish prices at artificial, noncompetitive levels; (iv) “coercive practices’ means harming or threatening to harm, direct or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract, will reject 2 proposal for award if it determines that the Consultant recommended for ‘award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or ‘coercive practices in competing for the contract in question; wil deciare the Consultant ineligible to be awarded a contract, either indefinitely or for a stated period of time, if at any time the Client determines that the Consultant hes, directly of through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a contract; and will have the right to require that Consultants permit the Client to inspect their ‘accounts and records and other documents relating to the submission of proposals and contract performance, and have them audited by auditors appointed by the Client tn18 19 1.10 Consuitants, their Sub-Consultants, and their associates shail not be under a declaration of ineligibility for cofrupt and fraudulent practices issued by the Client. Consuitants shail furnish information on commissions and gratuities, if any, paid or to be paid ‘0 agents relating to this proposal and during execution of the assignment if the Consultant is ‘awarded the Contract, as requested in the Financial Proposal F4 Origin of Goods and Consulting Services Goods supplied and Consuiting Services provided under the Contract may originate from any country except if: () 2s @ matter of law or official regulation, the Client's country prohibits commercial relations with that country, notwithstanding that laws of the Clint's country particularly relating to majority Timorese national ownership shall be observed: or (i) by an act of compliance with @ decision of the United Nations Security Council taken under Chapter Vil of the Charter of the United Nations, the Client's Country prohibits any imports of goods from that country or any payments to persons or entities in that country. Only One Proposal Eligible Consultants may only submit one proposal, If a Consultant submits or participates in ‘more than one proposal, such proposals shall be disqualified. However, this does not limit the Participation of the same Sub-Consultant, including individual experts, to only one proposal Proposal Validity ‘The Data Sheet indicates the period for which Consultants’ Proposals must remain valid after the submission date. During this period, Consultants shall maintain the avallabilly of Professional staff nominated in the Proposal. The Client will make its best effort to complete ‘negotiations within this period. The Client may request Consultants to extend the validity period of thelr proposals. Consultants who agree to such extension shall confirm that they maintain the availabilty of the Professional staff nominated in the Proposal, or otherwise submit new staff as replacements, ‘who will be considered in the final evaluation for contract award. Consultants who do not agree have the right o refuse fo extend the validity of their Proposals. Eligibility of Consultants In the absence of shor listing selection procedures, consultants submitting proposals shall include documentation to establish their eligibilty to participate found in the Bid Date Sheet, as follows a. for contracts of value estimated as being less than the threshold value stated in the Data Sheet, at least 51% Timorese national ownership, demonstrated by authenticated copies of the Certificate of Ownership issued by the Ministry of Decentralization National Trade Directorate and the Voter's cards of its Timorese shareholders b. an authenticated copy of current Business Registration Certificate from the Ministry of Trade & industry ©. an authenticated copy of immediate past quarter tax payment from Timor Leste Revenue Service 4. written power of attorney authorizing the signatory of the Proposal to commit the Consuttant and authorizing this or other officer to negotiate and sign the Contract fe. bank statement for three (3) month period two working days immediately prior to the closing date for proposal submission authority for the Client to seek references from the Consultant's Bankers, with bank name, address, telephone and facsimile numbers ra22 34 32 33 9. a listing of consulting contracts of similar nature, and of similar or greater value, ‘completed during the past three years — listing client name, name of contract, type of services provided, contract duration, contract value and client contact details for purposes of reference validation by the Client h. Information conceming any ligation, current or in the past three years, in which the Consultant has been involved — the contract name, the parties concerned, the disputed amount, the means of dispute resolution and the outcome; Eligibility of Associate Consultants and Sub Consultants In case 2 Consultant intends to associate with Consultants who have not been shortlisted and/or individual expert(s), such other Consultants and/or individual experts) shall be subject to the eligibility criteria set forth in clause 1.13 above CLARIFICATION AND AMENDMENT OF RFP DOCUMENTS Consultants may request @ clarification of any of the RFP documents up to the number of days before the proposal submission date indicated in the Data Sheet. Any request for clarification must be sent in writing, or by standard electronic means to the Client's address indicated in the Data Sheet. The Client will respond in writing (by letter, fax or email) and will send written copies of the response (including an explanation of the query but without identifying the source of enquiry) to all Consultants. Should the Client deem it necessary to amend the RFP as a result of a clarification, it shall do so following the procedure under 2.2 following ‘At any time before the submission of Proposals, the Client may amend the RFP by issuing an addendum in writing. The addendum shall be sent to all Consultants and will be binding on them. Consultants shall acknowledge receipt of all amendments. To give Consultants reasonable time in which to take an amendment into account in their Proposals the Client may extend the deadline for the submission of Proposals, if he amendment is substantial PROPOSAL PREPARATION & LANGUAGE ‘The Proposal, as well as all related correspondence exchanged by the Consultants and the Client, shall be writen in the language (s) specified in the Data Sheet, In preparing their Proposal, Consultants are expected to examine in detail the documents comprising the RFP. Material deficiencies in providing the information requested may result in rejection of a Proposal. While preparing the Technical Proposal, Consultants must give particular attention to the following! (2) Ifa shortuisted Consultant considers that it may enhance its expertise for the assignment by associating with other Consultants in a joint venture or sub- consultancy, it may associate with either (a) non-shortisted Consultant(s), or (b) shortlisted Consultants if so indicated in the Data Sheet, A shortlisted Consultant must first obtain the approval of the Client if it wishes to enter into a joint venture with non-short-sted or short-listed Consultant(s). In case of association with non-short-isted Consultant(s), the shortlisted Consultant shall act ‘88 association leader. In case of a joint venture, all partners shall be jointly and severally liable and shall indicate who will act as the leader of the joint venture. (b) The estimated number of Professional staff-months or the budget for executing the assignment shall be shown in the Data Sheet, but not both. However, the Proposal shall be based on the number of Professional staff-months or budget estimated by the Consultants. For fixed-budget based assignments (FBS), the available budget is stated in the Data Sheet, and the Financial Proposal shall not exceed this budget, while the estimated number of Professional staff-months shall not be disclosed. Pa