REPUBLIC OF BOTSWANA MINISTRY OF LABOUR AND HOME AFFAIRS [A RE-TENDER FOR PROCUREMENT OF CONSULTANCY SERVICES FOR ‘CONDUCTING FEASIBILITY STUDY OF A CUSTOMISED FACILITY FOR OVERARCHING OCCUPATIONAL HEALTH AND SAFETY ‘TENDER REFERENCE NO. MLHA/PO/OHS/20/2023-2024 Date: 25 January 2024 NAME AND ADDRESS DETAILS OF PROCURING ENTITY AND OR ITS AGENT PREPARING THE DOCUMENTS AGENT [Patrick Bakang Kepedisa Government Enclave, Knama Crescent, PROCURING ENTITY [Ministry of Labour and ame Afars ‘Government Enclave, Khama Crescent, Block 8 Bullang Block 8 Bullaing, Private Bag 002 Private Bag 00241 Gaborone Gaborone el:361 1504 ‘elt (+267) 3952022 Fax : 3952261 cemal: bkepadlsa@gov.bwTable of Contents TA Tender Notice And Invtation To Tender T.2 TEER DITA orn 2 “7 1.3 StawpamovseD CONDITIONS OF TRE FOR SERVICES LUst OF Retumnable Documents And Tender Schedules, hn Contract Part 3 Scope Of Savices. 53 Annexures: ‘Annexure 4- Terms Of References, os soc[TENDER REFERENCE NO: | TENDERING PROCEDURES MLHA/PO/OHS/13/2023- 2024 ‘TL.1_ Tender Notice and Invitation to Tender TL2 Tender Data 13. Standardised Conditions of TenderFENDERING | T1.1 TENDER NOTICE AND INVITATION TO REPUBLIC OF BOTSWANA +_Tender Reference No. MLMA/PO/OHS/20/2023-2024 ‘© Tender Tile: A RE-TENDER FOR PROCUREMENT OF CONSULTANCY SERVICES FOR CONDUCTING FEASIBILITY STUDY OF A CUSTOMISED FACILITY FOR OVERARCHING OCCUPATIONAL HEALTH AND SAFETY + Sealed tender offers ae invited forthe provision of consultancy services for conducting feasibly study ofa customised fact for overarching occupational heath and safety “The Procuring Entity is Minty of Labour and Home Affairs + Procurement Method is: Restricted Domestic Bidding + Tenderers who are domiciled in Botswana must, inorder tobe considered forthe award of the contract, be registered withthe Public Procurement Regulatory Authority in the fallowing categories: CCode 145: Safety Health and Environment Services ‘Sub code 04: Occupational Heath and Safety ‘The tender i reserved for 100% citizen owned contractors inline with section 76 (1) ofthe Public Procuremert Act, Preference margins wil be applied to qualifying bidders in line with the Economic Diversification Drive (EDD) as per Presidential Directive CAB 34 (B) 2014. In order to ‘qualify, bidders shall suomit valid and relevant EDD Certificate issued by the Ministry (of Trade and Industry. +The physical acess for colecton of tender documents i: Ministry of Labour and Home Affairs Department of Occupational Health and Safety Government Enclave, Kthama Crescent, Block & Building, Gaborone 8* floor, Procurement Office 12 ‘© Documents may be collected during working hours between 0800 hours to 1245 hhours and 1345 hours to 1600 hours with effect from 25! January 2024 '* Queries or darfcatons relating to the issuance of these documents may be addressed in wrting net later than three (3) working days before the tender closing date to the Permanent Secretary f° the attention of Mr. Patrick Kepadlsa Tel: (+267) 3952022, Fax: 3952261, Emall: bkepadisa@aov.bw +The closing date and tine for reclpt of sealed tender offers 2000hrs.. 4 February 2024,‘Late tender offers wil nat be accepted + The Evaluation Method s: Qualty and Cost Based Evaluation Method ‘+The Bid Submission Method is: Two (2) Envelope Submission Method in which the ‘original and al the sealed copes ofthe Technical Offer are placed in one (1) separate sealed envelope, whilst the original and al the sealed coples ofthe Financial Ofer are ‘enclosed in another separate seated envelope. The two (2) sealed envelopes are then ‘placed in one euter securely sealed envelope. Parts ofeach tender offer communicated on paper shall be submitted as: + One (1) original tender document and two (2) duplicate copies put in a separate envelope containing the "Technical Offer” shall be clearly marked “Technical Ofer” - MLHAyPO/OHS/20/2023-2024. ‘+ One (1) orginal tender document and two (2) duplicate copies putin @ separate envelope containing the Financial Offer" shall be clealy marked "Financial Offer" MUHA/PO/OHS/20/2023-2024, + The two envelope shoud then be put together in @ third outer larger envelope or package which should be sealed and labelled "Tender Reference. No MLINA/PO/OHS/20/2023-2024 - RE-TENDER FOR PROCUREMENT OF CONSULTANCY SERVICES FOR CONDUCTING FEASIBILITY STUDY OF A CUSTOMISED FACILITY FOR ‘OVERARCHING OCCUPATIONAL HEALTH AND SAFETY" shal be delivered to: Ministry of Labour and Home Afars GGoverrment Enclave, Kama Crescent, Block 8 Bulding, Gaborene 3° float, Procurement Oversight Unit Office 18, ‘The name, telephone number andl addres ofthe bidder should be clearly marked on the envelope The bidding docurnent shall be frmly bound, submitted in an envelope or package, securely sealed in such manner that does not alow Tor the envelope or package to be easly opened and reseaed ‘The Ministry shall, ctring bid opening, reject ary envelope or package that is not sealed and labeled in such manner as provided inthe above instructions ‘A bidder wishing to withcrav, modify or replace his or her bid shall notify the Procuting Entity in writing oftheir tention. The letter shall be authorized and submitted in the same way as the bids at any time before the tender closing date ‘The Public Procurement Regulatory Authority Standardised Conditions of Tender {for Services shall apply to this procurement, for which all the applicable Tender Data is contained in the tender documents,{Notwithstanding anything In the foregoing, the Government of Botswana Is not bound to ‘accept the lowest or any tender offer.} Procurement Oversight Unit ‘Ministry of Labour and Home Affairs PRIVATE BAG 002 ‘GABORONE REPUBLICOF BOTSWANA 2.4 JAN aay== PROCEDURES TL.2 TENDER DATA “The conditions of tender are the Standardised Conditions of Tender as publshed by the] Public Procurement Regulatory Authority “The Standardised Condor of Tender make several references tothe Tender Dat fo detals that apply specticaly to tis tender. The Tender Data shall have precedence in the| interpretation of any ambiguity or nansstency between andthe Standardised Condens | | or Tender | Each tem of data given belbw scoss-eferenced tothe clause inthe Standardised Conditions | of Tener to whieh R mahly apples. There ae many other causes in wich the dato is requred. _ 1.1 The Procuring Ertity is: Ministry of Labour and Home Affairs ‘The Procurement Requirements: RE-TENDER FOR PROCUREMENT OF ‘CONSULTANCY SERVICES FOR CONDUCTING FEASIBILITY STUDY OF A CUSTOMISED FACILITY FOR OVERARCHING OCCUPATIONAL HEALTH [AND SAFETY. “The Procurement Method is: Restricted Domestic Bidding “The Bid Submission Method is: Two (2) Envelope Submission Method in which the sealed original and all the sealed copies ofthe Technical Offer are placed in ene’ (1) separate seaed envelope, whist the sealed original and al the sealed copies of ‘the Financial Offer are enclosed in another separate sealed envelope. The two (2) sealed envelopes are then placed in one (1) outer securely sealed envelope. “The Evaluation Nethod is: Q 1 The Procurng ty is Ministry of Labour and Home Affairs Department of Occupational Meath and safety Private Bag 00241 Gaborone | ‘el: (+267) 3902022 Fax: 3952261 _E mal: hepadsn@gouby | lity And Cost Based Evaluation Method 2.4 Theelgilitycritera for tenderers are 1) 100% Citizen owned companies registered with the Public Procurement Regulatory 2) Bidders with val Tax Clearance Certificate or exemption thereof issued by Bot Unified Revenue Service (BURS). Such Certificate is subject to online registration ‘Authority in the fllaving categories: Code 145: Safety Health and Environment Services ‘Sub code 01: Occupational Heath and Safety tswane verification2.8 Queries or Clarifications of the tender documents must be received by the Procuring Entity atleast three (3) working days before the tender losing date and time stated in clause 2.26 ofthe Tender Data, Al clarifications sought are to be submited in writing and delivered by hand, email or via facsimile to the employer's agent. Tenderers ae thus to present any darficalions sought in writing to minimse any misunderstanding. All requests for clarification and resuting in ‘addenda to the tender dociments shal be dstrbuted amongst all prospective tenderers. The tenderers ate expected to provide ther own transportation and the costs thereot incurred during the ste vist 2.15 The prices and rates wr to be stated in Boiswana Pula (BWP) only 2.15 Altemative Tender Offers are invited: No 2.17 Tenderers must offeto provide the whole services 2.20 Parts of each tender offer communicated on paper shall be submited as an original, | |{“‘plus 2 duplicate copies. 2.2 The Procuring’ Entity’ address for delivery oftender offers are; Ministy of Labour and Home Affairs Government Enclave, Khama Crescent, Block 8 Building, Gaborone 3 floor, Office 18 ‘dentificaton details to be shown on each tender offer package are: “Tender Reference No. MLHA/PO/OHS/20/2023-2024 | Tender Name: RE-TENDER FOR PROCUREMENT OF CONSULTANCY SERVICES FOR | | CONDUCTING FEASIBILITY STUDY OF A CUSTOMISED FACILITY FOR) OVERARCHING OCCUPATIONAL HEALTH AND SAFETY. ‘The name, telephone number and address of the bidder should be clearly marked on _the envelope, - 2.26 The closing date and time for submission of tender offers is 1000 hrs on 2 February 2024 ‘Teleahonic, facsmile or emelled tender offers will not be accepted [320 —The tender volty period & 130 days ‘3.4 The date, time and lcation for opening ofthe tender offers is 1015 his on 2 February 2004. Location Ministry of Labour and Home Affairs ‘Government Enclave, Khama Crescent, Block 8 Building, | Gaborone | 8 floor, conference room3.0, The Evaluation Method is: Quality and Cost Based Evaluation Mthod. Bids shall be evaluated on a three (3) basis a fllws Stage 4 (compliance check) ff) Stage 2 (technical evaluation) Stage 3 (cost) financial evaluation ) ‘Stage One - Compliance In order to be consicered, the bidder shal: () be registered with the Publc Procurement and Regulatory Authorty in the {allowing categories: Code 145: Safety Health and Environment Services Sub code 04: Occspatonal Heath and Safety PPRA registration is subject to online registration verification. (i) submit a valid Tax Clearance Certificate number and Tax Identification Number (TIN) or exemption thereof Issued by BURS. Such validity of the Tax Clearance is subject to online regstraton verification. (li) ‘submit a duly completed and signed Declaration Form for Tendering Purposes (r22.6m) (tv) submit a duly completed and signed Authority of Signatory (T2.26A) () submit a duty completed and signed Decaretion of Beneficial Owners Form M {(w) submit a duly completed and signed Integrity Agreement Ferm F Bidders who fal to submit documents listed at () to (v) above wil be requested during the evaluation to submit them within 2-5 days of notification. Bidders will be notified through a telephone al, or email asan alert. The alert wll be folowed by fax or letter. "Non-tesponsiveness 2y the bidéer shall resut In disqualification of bid ‘Stage 2 = Technical Evaluation 3.13 (@) The techncal evalueton of an Offer shall be conducted. to evaluate each (Offer against the evaluation criteria. stated below:Key Personnel Description Rating Scale Wax Consultant: Heath and Safety Expert Qualifcators a Master Degree in Occupationel Health and Safely or reated field (provide certified coples of academic certificates and valid personal identification document), Waster Degree or higher Bachelors Below bachelor w 5 20 ‘Experience of participation in Projects of similar nature, (Duly comslete Form. for Curriculum Vitae of Key Personnel (T2.2GK) 33 Projects 2-1 Project, s 10 ws Giterion Wax Points Methodology Tn this chapter bidders shall explain ther methodologies which are specific to the feasibilty stidy, approach to the stuly activites, metnodoiogy tor carrying out feasibilty stidy activities and expected output, and the degree of detail of such output, 41. It should highlight the study challenges being Excellent nveraae 30.40 2029 aio2 - Bidders should 1 Quality control and aderessed and explain the technical approach to be adopted to adress them, (10 points) Bidders. shall explain the organizational structwe that will ‘dive the pian and propose the main eaiivtes of the assignment, their content and duration, phasing and interreations, milestones (incuding Interim approvals by the Client), and elivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing understanding of the Terms of Reference (TOR) and abilty to translate them into a feasibee working plan A list of the final documents, including reports and tables to be delivered as final outpuy, should be Included here. (40 points) Fisk (Bidders should Propose quality assurance approach toGeliver the outputs to the expected qualty) (10 points) COMPANY EXPERIENCE 3 #2 | Nene Projects | projects w @ 0 cr Inlcate simtar projects successfully executed during the lat ten years by ‘experatence | completing fxm EXPERIENCE & TECHNICAL CAPABILITY OF TENDERER m26y" | | KEY PERSONNEL + METHODOLOGY + COMPANY EXPERIENCE = MAXIMUM TOTA| POINTS: 100 ‘Bidders who fal to submit documents required for assessment of key personnel and company experience, will be requested during the evaluation, to submit them within 2-5 days of| noticaton. NB: Bidders shall only be allowed to submit documents for originally | proposed key personnel. Bidders shall not change originally proposed key personnel. Bidders wil be notified through a telephone cll, or ema a an alert. The alert Will be followed by fax or etter. Fallure to submit required documents shall lead to oss of | points. “Technically complant bids that have secuted the minimum qualifying mark (70%) Shall be notified and advised of the date and time set fr the opening ofthe financial bid, and progress to the financial tothe evaluation stage, “The minimum quetfying pnts i: 70/109-70% [tenderer who does not secure the minimum qualifying score shall be eliminated from the | ‘evaluation and shall not proceed to the Financial Evaluation stage. 3.14 Financial/Cost Evaluation Stage ‘Stage 3 - Cost Evaluation Stage Cost evaluetion shall be conducted by reviewing the following: ()__Comecting arithmetical errs}) Adjusting pricing to compensate fer deviations and errs. (li) Preference margins wil be applied to qualifying bidders inline with the Economic ‘Diversification Drive (EDD) as per Presidential Directive CAB 34 (B) 2014, In order to qually, bers shall submit vad and relevant EDD Certincate Issued by the Ministry of Trade and Industry. (v) Assess reasonableness of quoted price based on market price (¥)__ VAT exciusion on the Grand Total by VAT registered bidders shall render the bid ‘non-compliant ard not ft for consideration for award, (i) Assessing a duy completed and signed form of offer and acceptance (C11). 'NB: All Bidders shall submit the completed and signed form of Offer and ‘Acceptance (C1.2) in the first Instance without fail. Otherwise the bid shall be disqualified. Additionally the form of offer and acceptance and its copies shall be ‘enclosed inside the envelope which contains only the financial proposal. A bid that includes the form of offer and acceptance in the Technical Offer shall automatically be disqualified. ‘The Financial marks shall be calculated using the below formula: The weight ofthe technical proposal (Wt) Is 70 and that ofthe fnancal proposal (Wf s 30 Fm=FI/FC!30 Financial marks FL = Financial proposal of the lowest bidder = Financial proposal ofthe bidder under consideration 0 ‘We Weight ofthe financial proposal ‘The combined total marks ( CTH) will be calculated as: TM = Tm" 70+ Fm Where; (CTH = Combined Totel MARKS “Tm = Technical Marks \Wt = Weight ofthe technical proposal =70 3.21 Basis for Award| The tender will be avardec in whole to the bidder who obtained the highest combined total score. 'NB: In the event that there fs ate in the combined total marks, the bidder with highest ‘weight of the Technical proposal shall be recommended for award. Ministry of Labour and Home Affairs reserves the right to award all, part, or none ofthis tender. 3.27 “The number of peper copies ofthe signed contract to be provided by the Procuring Entity is 3 Bidders are required to indicate information in ther bids which they consider confidential and ‘whose disclosure shall be prejudicial to thelr interest, Fallure to Ident the information referred to will render such information subject to dedassificalin after two year following ‘the award of tender. NOTE: This Is not a disqualifying factor and shall not be used for ‘evaluation.Republic of Botswana ‘T1.3 STANDARDIZED CONDITIONS OF PUBLIC PROCUREMENT | TENDER FOR SERVICES | REGULATORY AUTHORITY _ Contents: 41 General 2 Tenderer‘s obligations 3 The Procuring Entity’s undertakings General Actions 1.1 The Procuring Entity dentifid in the Tendler Data and each tenderer submitting a tender offer shall comply with these Conditions of Tender and any applicable laws and regulations. “The Procurement Requirements, Procurement Method, Bld Submission Method and Evaluation Method are identified in the Tender Data. The Procuring Entity shall, in addition, act in 2 ‘manner thats fir, equitable and transparent. Interpretation and definitions. 41.2 References to the Tender Data highlighted in bold vary for each tender and are identified inthe Tender Data. The Tender Data and additional requirements contained in the Tender ‘Schedules that are included in the Retumable Documents are deemed to be part of these Conditions of Tender. 1.3 The Conditions of Tender, the Tender Data and Tender Scheduies that are only required {or tender evaluation purposes wil not become part ofthe contact arising from the invitation twtender. 1.4 Comparative Offer means the tenderers financial offer after all evaluation parameters have been taken into consideration including verifying arithmetic erors and conversion into a ‘common currency Tender documents 4.5 Unless identified othervise inthe Tender Data, the documents issued by the Procuring Entity for the purpose ofa tender offer are listed below. “These Conditions of Tender, the Tender Data and Tender Schedules consist of one volume. ‘Tenderers’ submissions shall make reference to the appropriate volume number corresponding to each document and/or form requested to be submited A) Tenven Section Part A-1 Tendering Procedures ‘Tender Notice & Tvitation to Tender Standardized Condtions of Tender Tender Data Lt of Returnable Documents “Tender SchedulesB) Conraacr Secrion Part Bel Agreements & Contract Data ‘+ Formof Offer & Acceptance * General Conltions of Contract, except when a Purpose Written Contract i issued + Contract Data, except when a Purpose Written Contracts issued Purpose Written Contract, if standard contract isnot issued Part B-2 Pricing Data Pricing Instructors Price Schedules Part B-3 Scope of Services + Terms of reference ‘Communication & Procuring Entity’s agent 4.6 Each communication between the Procuring Entity and a tenderer shall bein writing in English to oF from the Procuring Enty’s agent ony. The Procuring Entity will not take any responsibilty for non-receipt of communications from or by a tenderer. The name and contact detals ofthe Procuring Ently’s agent ere stated in the Tender Data. ‘The Procuring Entity's rights to accept or reject any tender offer 1.7 The Procuting Entity may accept or reject any vatiation, deviation, tender offer, or alternative tender offer, ané may cance the tender process and reject all tender offers at any time prior to the formation ofa contract. The Procuring Entity will not accept or incur any liabity toa tenderer for such cancelation and rejection, but wil give reasons forthe action. 1.8 After the cancellation ofa tender processor the rejection of al tender offers the Procuring Entity may abandon the proposed procurement and have it performed in another manner. 2 Tenderer's obligations “The tenderer shall comply withthe fllowing obligations: ity 2.1 Submit tender offer ony if the tenderer comples withthe eigiblity criteria stated inthe ‘Tender Data and the tenderer is not under any restriction to do business with the Government of Botswana. Cost of tendering 2.2 Accept thatthe Procuring Enby wil not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer. ‘Check documents 2.3 Check the tender documents on receipt, induding pages within them, and notify the Procuring Entity of any discrepancy or omission. Confidentiality & Copyright of documents2.4 Treat as confidential all matters arising in connection with the tender. Use and copy the ‘documents issued by the Procuring Entity only for the purpase of preparing and submitting 2 tender offer in response to she invitation, ‘Standardised specifications and other publications 2.5 Obtain, as necessary “or submitting a tender offer, copies of the latest versions of Standarcised specications, conditions of contract and other publications, which are not ‘attached but which are incerporated into the tender documents by reference, ‘Acknowledge addenda 2.6 Acknowledge receipt of addenda t the tender documents, which the Procuring Entity may issue, and if necessary apply for an extension to the closing time stated in clause 2.26 of the Tender Data n order to take the addenda into account. Site visit and / or clarification meeting 2.7 Altend a site visit and / or carfication meeting at which tenderers may familarize ‘themselves with the service (and location et.) and rase questions. Details of the meeting(s) are stated in the Tender Data, Seek clarification 2.8 Request clarification of the tender documents, if necessary, by notifying the Procuring Entity by atleast the number of working days stated in the Tender Data before the dosing ate and time stated in cause 2.26 ofthe Tender Data. Insurance 2.9 Be aware thatthe extert of insurance to be provided by the Procuring nity (If any) may ‘ot be forthe full cover required in terms of the Contract, The tenderer is advised to seek. ‘qualified advice regarding surance. Pricing the tender offer 2.10 Include inthe rates, pices, andthe tendered total of the prices (If any) all duties, taxes (xcept VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days prior to the clsing time stated in clause 2.26 ofthe Tener Data. 2.11 Show Value Added Tax (VAT) payable by the Procuring Entity separately as an addition {tothe tendered total ofthe prices. 2.12 Provide rates and prices that are fe for the duration of the Contract and not subject to adjustment except as prevded for inthe Contract. 2.13 State the rates and prices in local currency unless instructed otherwise in the Tendler Data. The conditions of contract may provide for pat payment in other currencies | Alterations to documents 2.14 Not make any alterations or addtions to the tender documents, except to comply with | instructions issued by the Procuring Entity, or necessary to correct errors made by the tenderer. Al signatories to ‘he tender offer shal inal all such alteratons. Erasures and the | use of masking uid are prehibitedAlternative tender offers 2.15 If identified in the Tender Data, may submit alternative tender offers only if a main ‘tender offer, strict in accordance with all the requirements ofthe tender documents, i aso submited. The alternative tender offer i to be submitted with the main tender offer together vith a schedule that compares the requirements ofthe tender documents with the alternative requirements the tenderer Froposes. 2.16 Accept that an ateratve tender offer may be based only on the crterla stated in the Tender Data, ‘Submitting a tender offer 2.17 Submit a tender offer for providing the whole ofthe Services identified inthe Contract, ness stated otherwise in the Tender Data, 2.18 Return all Returrable Documents tothe Procuring Entity after completing them In thelr entirety, either electronically (f they were Issued in electron Format) or by writing in black Ink Information & data to be completed in all respects 2.19 Accept that tender offers, which do not provide all the data or information requested ‘completely and In the form required, may be regarded by the Procuring Entty as non responsive 2.20 Submit the parts of the tender offer communicated on paper as an orignal plus the number of copes stated in the Tender Data, with an Englsh translation of any documentation ina language other than English, and the parts communicated electronically In the same format as they were issued by the Procuring Entity. 2.21 Sign the orginal and all copies ofthe tender offer comprising a separate Technical Offer and a seperate Financial Offer. The Procuring Entity wil old all authorised signatories lable on behalf ofthe tenderer, signatories for tenderers proposing to contract as Jeint Ventures Shall tate which of them Is the lead partner whom the Procuring Entity shall hold ible for the purpose of the tender offer. 2.22 Seal the original anc each copy of the Technical Ofer as separate packages marking the peckages as “ORIGINAL” and “COPY Similarly sel the original and each copy of the Financial Offer marking the packages as "ORIGINAL" and "COPY". Each package shall state on the ‘outside the Procuring Enis address and identification details stated inthe Tender Data, ‘as well asthe tenderer’ name and contact address on the reverse side ofthe envelope 2,23 Unless otherwise stated In clause 1.1 of the Tender Data, the Two Envelope Submission ‘Method shat apply. The sealed orginal and all the sealed copies of the Technical Ofer shall be placed inside @ sealed envelope clearly marked "Technical Offer’. Similarly, the sealed ‘original and al the sealed copies ofthe Financial Offer shal be placed inside a sealed envelope Clearly marked "Financial fer’, and with a warning "DO NOT OPEN WITH THE TECHNICAL OFFER.” The sealed envelozes Contalning the Technical and Financial Offers shall be suitably ‘marked in accordance with clause 2.22 ofthe Canditons of Tender. The documents shall be securely bound. 2.24 Pace the sealed envelopes containing the Technical and Financial Offers together in an outer package that states onthe outside the Procuring Enbty’ address and identification detalls as stated in clause 2.22 ofthe Tender Data2.25 Accept that the Procurng Entity wll not assume any responsiblity forthe misplacement fr premature opening of the tender offer ifthe documents are not securely bound, outer package snot securely sealed and marked as state. Closing date and time 2.26 Ensure thatthe Procurhg Entity recelves the tender offer atthe adress specified inthe Cause 2.22 ofthe Tender Data not later than the dosing date and time stated inthe Tender | Data. Proof of posting wil rot be accepted as proof of devery. The Prociring Entity wal not accept tender offers submited by telephone, facsimile or E mail, unless stated otherwise In the Tender Data. 2.27 Accept that, if the Prosuring Entity extends the elosing date and time stated in clause 2.26 of the Tender Data for any reason, the requirements ofthese Conditions of Tender apply equally to the extended deadin, Tender offer validity 2,28 Hold the tender offers) valid for acceptance by the Procurng Entity at any time during the validty period stated in the Tender Data after the closing date and time stated in cause | 2.26 ofthe Tender Data 2.29 If requested by the Procuring Entity, consider extending the vality period stated in ‘clause 2.28 of the Tender Data for an agreed acitional period, A Tenderer agreeing to the request will not be required or permitted to modify a tender. Clarification of tender offer after submission 2.20 Provide claincaton of tender offer in response toa request todo so from the Procuring Enlty during the evaluation of tender offers. This may include providing a breakdown of rates (or prices and correction of a-thmetical errors. Ne change inthe substance ofthe tender offer is sought, offered, or permited except as required by the Procuting Entity to confi the correction of arithmetical ertors dscovered during the evaluation of tenders in accordance vith cluse 3.15 ofthe Conditions of Tender. The teal ofthe pices stated by the tenderer as corrected by the Procuring Entity wth the concurrence of te tenderer, shall be binding upon the tenderer. Provide other material 2.31 Provide, on request by the Procuring Entity, any other material that has @ bearing on the tender offer. Tendere’sresconse to such a request shall befor verification purposes only and vil not be considered for evaluation purposes, whichis restricted to the submitted proposal Should the tenderer not provde the material, ora satisfactory reason as to wihy it cannot be provided, by the time for submission stated in the Pracurlng Eny’s request, the Procuring Entity may regard the tender oer as non-responsive. Submit securities, bonds, policies etc. 2.32 If requested, submit for the Procuring Entity’s acceptance before formation of the Contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the Contract. 2.33 Check the final draft cf the contract provided by the Procuring Entity within the tine available fr the Procuring Entity to issue the contract. |3 The Procuring Entity’s undertakings “The Procuring Entity undeekes to: Respond to clarification 3.1 Respond to a request for iarification received upto the number of worklng days stated in ‘louse 2.8 ofthe Tender Osta rior to the tender closing date and time stated in clause 2.26 (of the Tender Data and notly all tenderers ofthe responses. Issue Addenda 3.2 If necessary, isue addenda that may amend or amplify the tender documents to each tenderer. I 2s a result ofthe addenda, a tenderer apples for an extension to the dosing time sated in clause 2.26 ofthe Tender Data, the Procuring Entity may grant such extension and, val then notify all tenderers, Return late tender offers 3.3 Retum tender offers submitted after the losing date and time of submission as stated in clause 2.26 of the Tender Data, The unopened offer shall be returned to the concerned {tenderer immediately or as soon as practically possible after the bid opening with the words “Late Tender Ofer, together with certification ofthe date and time on which the tender offer was 50 received, Technical offer opening 34 Open vad Technical Offers in the presence of tenderers’ agents and members of the public who choose to attend atthe time and place stated inthe Tendler Data. Technical offers for which acceptable reasons for withdrawal have been submitted wil nat be opened. The ‘envelopes wit the Financia Offers shal remain sealed and shal be securely stored until they are opened in accordance with clause 3.14 of the Conditions of Tender. 3.5 Announce cut loud and record minutes at the opening and the name of each tenderer ‘whose tender offer Is opened, the number of crginas and copies, the total amount of each tender offer, time for completion (if any) and the presence or absence of any bid security (F required) for the main tender offer only on the Public Procurement Regulatory Authority (PPRA) Form 1. Non-disclosure 13.6 Shall not disclose to tenderers, orto any other persons not offically concered with the Drocurement process includna the evaluation stage, Information relatina to the procurement process In general, evaluaton of Technical Offers, and evaluation of Financial Offers, the ranking of tender offers or recommendations for the award of a contract. Disclosure of information related to the procurement process and tenders can be made avaliable in ‘accordance with the provisions of the Public Procurement and Asset Disposal Regulations to tenderers and any interested indlviduals after the award recommendation of the contact to the successful tenderer has been made. Grounds for rejection & disqualification3.7 Determine whether there has been any effort by a tenderer to fluence the processing of ‘ender offers i itis reasorably established that the tenderer offered an inducement to oF ‘colluded with any person cr other tenderer with the intent to influence the award of the contract. Upon such determination the matte shall be further refered For investigation to be carried out by the competent authority. Clarification of Tender offers 3.8 Obtain daricaton from a tenderer on any matter that could give rise to ambiguly in a Contract arising from the Technical Offer. Examination and Evaluation of Tender Offers 53.9 Use the Least Cost Seection- Services evaluation method for examination and, i ebgibe, subsequent evaluation of tender offers comprising (a) Stage one- Preliminary Examination of “Technical Offers only; () Stage Two- Technical Evaluation of responsive Technical Ofer only; and (0) Stage Three- Cost Evaluation of only the Financial Offers whose corresponding ‘Technical Offers have secured the minimum qualifying score. Thereafter to determine for each uolifed and responsive tender offer its Comparative Offer. Least Cost Selection- Services Evaluation Method ‘Stage One - Preliminary Examination of Technical Offers only 3.10 Conduct preliminary examination of only Technical offers before detalled evaluation, to determine: (@) Whether a tenderer is eligible, on the basis of having passed or falled the libiity criteria for the tender identied in the clause 2.1 of the Tender Data “Tenderers shal prove elgilty by submitting the documentary evidence stated in dause 3.10 ofthe Tender Data; and (b) The completeness in accordance with the Retumable Documents Annexed to the tender document of only the Technical Offer and Its responsiveness to the terms of the tender document. [tenderer that fas to meet the eligibility criteria and / or wihose Technical Offer is found to be incomplete and / or non-esponsive to the terms ofthe tender document shall be eliminated from further evaluation, ‘Test for responsiveness 53.11 Classify a responsive Technical Offer as one that conforms to all the terms, conditions, ‘and specications cf the tender documents identi clause 3.10 ofthe Concltions of Tender ‘without material deviation er qualification. A material devation or qualification is one which, Inthe Precwing Ents pinion, woul + Devimentally affect the scope, quality, or performance of the Services Identified in the Contract, + Change the Procuring Entiy'sorthe tenderers risks and responsblities under the Contract, + Affect the compettve postion of other tenderers presenting responsive tenders, i it were tobe rected 'Non- responsive Technical Offers3.12 Reject a non-responsive Technical Offer, and not allow it to be subsequently made responsive by correction or withdrawal ofthe non-conforming deviation of reservation ‘Stage Two-Technical Evaluation of responsive Technical Offers only 3.13 (@) Oniy for Technical Offers that in accordance with clause 3.10 of the Conditions of Tender have been determined to () have been submitted by eligible tenderers; and (i) be complete and responsive Technical Offers, conduct a technical evaluation to determine technical complance with the specifications listed in the tender document, The technical evaluation critela and sub criteria, marking of each crteron and. weights and minimum ualfying mark are stated inthe Tender Data. After concluding the Technical Evaluation, the evaluation committee shall prepare a technical evaluation report which shall be approved by the adjudicating authority. Thereafter each tenderer shall be noted of thelr Technical results, “Tenderers win have secure¢ the minimum qualifying score shall be notified and advised ofthe date and time set for the publ opening of Financial Offers. Technical offers that alto secure ‘the minimum qualifying mark and / or are decared non-responsive tothe specifcaton inthe tender document shal be eminated from further evaluation and thelr corresponding Financial (fers wil be returned and marked unopened to the respective Tenderers after completion of the evaluation, adjudication end award process. Financial Offer opening 13.13 (b) Only for Technical Offers that in accordance with esise 3.13 of the Conkitions of Tender have been determned to have secured the minimum qualifying mark and are responsive tothe spcificatens listed inthe tender document, open in public the corresponding sealed Financial Offers no sooner than 10 working days after notifying the Tenderers of their “Technical Score. The name ofthe responsive and qualfied Tenderer, the Technical Score and Financial Offer amount and the duration of the contract shall be announced at the Financial (Offer opening ‘Stage Three -Cost Evaluation of only the Financial Offers whose corresponding Technical Offers are technically responsive and have secured the minimum qualifying mark 3.14 Only for technically responsive and qualified Technical Offers whose Financlas Offers have been opened in accordance with clause 3.13(b) of the Conditions of Tender, conduct @ cost evaluation of the Financial Offers to: (@) Perform price compariaor in accordance withthe pricing sheet f anys (i) Correct arithmetical errs; (Gl) Where applicable, convert Financial offers to a common currency; and (v) Adjust Financial Offers te compensate fr deviations and erors and for evaluation purposes to exclude local taxes. Correct Arithmetical errors 3.15 Check responsive and qualified Financial Offers for arthmetical errors, correcting them in the folowing manner:+ Wihere there is a discrepancy between the amounts In figures and in werd, the amount in ‘words shall govern + Ifa schedule of quantities or schesdle of prices apples and there isan error inthe tne tern total resiting from the procuct of the unt price and the quantity, the unt peice shall govern and the total shal be corrected * Where there isan ror in the total of the prices, elther as a result of other corrections Fequired by tis checking precess or inthe tenderer’ addition of prices, the total ofthe prices, if any, wil be corrected. The corrected Financial Offer amount will be communicated to the tenderer. The tenderer may not change the corrected Financial Offer amount, 3.16 Reject a tender offer the tenderer does not accept the correction of the arthmetical terrors in the manner described above Convert Financial offer amounts to a common currency 3.17 Where applicable and for evaluation and comparison purposes only, convert Financial Offer amounts in muttple currencies to Botswana Pula at the Bank of Botswana ruling exchange rate at the tender closing date and time stated in clause 2.26 of the Tender Data. ‘Adjustments to the corrected Financial Offer amounts to compensate for priced deviations, errors, oversights and to exclude taxes 3.18 Make adjustments to toe corrected Financial Offer amount that, where applicable, has been converted into @comman currency. Such adjustments are to take into account (2) minor To comparing and raise the peformance bar in comparison to competition; Performance parameters. l»Recommenc’ best places for benchmarking (SADC, continental and Intemational) Prepare and submit a comprehensive and detalled work methadology and approach to ful the assignments giving the large geographical scape covered under TOR, |» Further compare with world clss performance and set that as the reference for rasing future 1). Come up with postive Recommendations for Government of Botswana )/ METHODOLOGY '3) Consutaton with key stakeholders must be conducted to establish overlaps and reach ‘consensus. Contributions must be acquired from all ministries and lsbour tripartite constituents to estabish thelr positon. Literature review must be done on but not limited to Factories Act CAP 44:01, Workers Compensation Act CAP 47:03, International Labour Organisation (ILO) Conventions (C155 Ouupetionel Heath ad Safety Convention = C187-Promotional Framework for Occupational Health and Safety Convention C115- Radiation Protection Convention ~ C161- Occupational Health Services Convention (C176- Heath and Safety in Mines Convention = C167-Heath and Safety in Construction Convention,~ C121- Employment injury Benefits Convention (C160- Labour Statstes Convention (C159- Vocational Rehabilitation and Employment ( disabled persons) Convention 4) Nationainterational Organisation For Standardization BOS 45001- Occupational Health and Safety Management Systems 'B0S 9001- Quality Management Standards EXPECTED OUTCOMES AND DELIVERABLES. ‘The consultancy shall produce the following results with specific deliverables a Tine ame iA consultancy propasal with | {dear methodology, Ist of frelevant stakeholders, tools nd documentations for few and workplan ‘Inception Report S days: Teview apd stakeholder [consultation engagement ist draft report 30 days [Desk review and stakeholder nsutatlon engagement (in rate recommendations draft 1) nd drat report 7 days [Desirable changes included Recommendation into the report port 22 days jabdation of Final ferfication of final report feport 8 days {Submission ofa [comprehensive and detailed inal Report final report omission Minimum experience and academic qualification2) Health and Safety Expert Qualifications (must have PROFESSIONAL COMPETENCIES REQUIRED 1 'NB: References should not have been prepared more than 5 years ago, i. Excellent organizational and team work skis Abily to deal effectively with competing priorties . Excellent research skis ‘Bachelors Degree in Occupational Health and Safety * (provide certified copies of academic certificates, proof of membership ofa recognized professional body and vali personal ‘dentfication document) that has one or more of the following ‘ueletatons: + 7 yeets' Experience working in health and safety industry + Projects executed successfully of similar nature. ‘+ Submit signed CV or T2.26K ‘+ Submit 2 traceable references, Excellent interpersonal skis Excellent orl and vritien communication skis ‘Strong analytical skis Ability to maintain higt levels of confidentiality and discretion