REQUEST FOR EXPRESSION OF INTEREST
SELECTION OF INDIVIDUAL CONSULTANT
CONSULTANCY FOR REVISION AND MODERNISATION OF THE SADC DATA PROTECTION MODEL LAW
REFERENCE NUMBER: SADC/3/5/2/204
24 November 2021
1. The SADC Secretariat is inviting Individual Consultants to submit their CV and Financial Proposal for the following services:
“CONSULTANCY FOR REVISION AND MODERNISATION OF THE SADC DATA PROTECTION MODEL LAW”
The Terms of Reference defining the minimum technical requirements for these services are attached as Annex 1 to this Request for Expression of Interest.
2. Only Individual Consultants are eligible for this assignment provided that they fulfil the following eligibility criteria:
a) they are not bankrupt or being wound up, are having their affairs administered by the courts, have entered into arrangements with creditors, have suspended business activities, are being subject of proceedings concerning those matters, or are being in any similar situations arising from similar procedures provided for in the national legislation or regulations of the SADC member states;
b) they have not been convicted of offences concerning their professional conduct by a judgment which has the force of res judicata; (i.e. against which no appeal is possible);
c) they have not been declared guilty of grave professional misconduct proven by any means which SADC Secretariat can justify;
d) they have fulfilled obligations related to the payments of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those countries where the contract is to be performed;
e) they have not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the SADC Secretariat' financial interests; or
f) they are not being currently subject to an administrative penalty.
3. The maximum budget for this contract is US$9,000.00 inclusive of professional fees and reimbursable expenses. Proposals exceeding this budget will not be accepted.
4. Your Expression of Interest must be presented as per Standard Expression of Interest Forms attached as Annex 2 to this REOI, in the English language and be accompanied by copies of all the indicated supporting documents. If the supporting documents are not in English, these shall be accompanied by a certified translation into English.
5. Proposal should be submitted by email clearly marked “REFERENCE NUMBER: SADC/3/5/2/204 - CONSULTANCY FOR REVISION AND MODERNISATION OF THE SADC DATA PROTECTION MODEL LAW” to the email address below: email@example.com
6. The deadline for submission of your proposal, to the address indicated in Paragraph 5 above, is Wednesday 15th December 2021 at 10:00hours local (Botswana) time
7. Your CV will be evaluated against the following criteria.
Qualification and Skills
General professional experience
Specific professional experience
The minimum technical score required to pass is 70 points. Bids not reaching 70 points shall be considered not compliant. Out of the 70 points threshold, the best technical offer is awarded 100 points. The others receive points calculated using the following formula: Technical score = (final score of the technical offer in question/final score of the best technical offer) x100
The Evaluation Committee shall proceed with the financial comparisons of the fees between the different financial offers (fee based are established in the main Contract while for Global Price specific offers will be considered). Both the provisions for reimbursables and expenditure verification shall be excluded from the comparison of the financial bids. The offer with the lowest total fees shall receive 100 points. The others are awarded points by means of the following formula: Financial score = (lowest total fees /total fees of the tender being considered) x 100.
The best value for money is established by weighing technical quality against price on an 80/20 basis. This is done by multiplying:
- the scores awarded to the technical offers by 0.80
- the scores awarded to the financial offers by 0.20
8. Your proposal should be submitted as per the following instructions and in accordance with the Terms and Conditions of the Standard Contract attached as Annex 3 to this REOI:
The financial proposal shall be inclusive of all expenses deemed necessary by the Individual Consultant for the performance of the contract and must not include any of the following taxes in Purchaser country: value added tax and social charges or/and income taxes on fees and benefits.
(ii) EVALUATION AND AWARD OF THE CONTRACT:
Expressions of Interest determined to be formally compliant to the requirements will be further evaluated technically.
An Expression of Interest is considered compliant to the requirements if:
- It fulfils the formal requirements (see Paragraphs 2,3,4,5,6, 7 and 8 above),
- The financial proposal (professional fees) does not exceed the maximum available budget for the contract as indicated under Para 3.
- The Bidder who submitted a technical and financial responsive proposal and received the highest combined score, will be awarded the contract
(iii) VALIDITY OF THE EXPRESSION OF INTEREST:
Your Expression of Interest should be valid for a period of 90 days from the date of deadline for submission indicated in Paragraph 6 above.
9. The assignment is expected to commence within two (2) weeks from the signature of the contract.
10. Additional requests for information and clarifications can be made until 10 calendar days prior to deadline indicated in the paragraph 6 above, from:
The Procuring entity: SADC Secretariat
Contact person: Mr. Purpose Chifani
Telephone: +267 364 1989 / 3951863
The answer on the questions received will be sent to the Consultant and all questions received as well as the answer(s) to those will be posted on the SADC Secretariat’s website at the latest 7 calendar days before the deadline for submission of the proposals.
ANNEX 1: Terms of Reference
ANNEX 2: Expression of Interest Forms
ANNEX 3: Standard Contract for Individual Consultants
Acting Head of Procurement Unit