Framework Agreement for Multidisciplinary Consulting Services for year 2017/2018

124 Pages·2017·1.54 MB·English

Ministry of Public Infrastructure and Land Transport

Framework Agreement
for

Multidisciplinary Consulting Services for year
2017/2018

Issued on: 28 April 2017

Procurement Reference No:
MPI/ONB 64 of 2016-2017
CPB Reference No: CPB/14/2017

Project: Construction of Building and Allied
Infrastructure Works

Lead Organisation: Ministry of Public Infrastructure and
Land Transport
Table of Contents

Preface..................................................................................................................
Section1. Invitation to Framework Agreement for Procurement of Multi-disciplinary
Consulting Services 3
Section 2 - Instructions to Consultants 4
Section 3. Technical and Financial Proposal - Standard Forms 17
Section 4. Terms of Reference 26
Section 5. Framework Agreement 40
Section1. Invitation to Participate in Framework Agreement for
Multi-disciplinary Consulting Services

1. Applications are invited from local consultants to submit proposals to enter into a
framework agreement for the supply of multi-disciplinary consulting services for building
construction and associated infrastructure works not exceeding Rs 25 million for a period of
two years. As a first stage of the procurement process, consultants will be expected to satisfy
the technical, commercial and financial requirements further elaborated in this document to
enter into a framework agreement. The consultant will also be required to fill a schedule of
rates for the six key consultancy personnel. The rates will be fixed for the two year period and
payments will be made accordingly.

2. The framework agreement shall be managed by the Lead Organisation, Ministry of
Public Infrastructure and Land Transport. The Lead Organisation, Ministries and Departments
may award a contract to a consultant following a mini-competition among the preselected
consultants. The mini-competition shall be based on financial proposals and other criteria
more specific to the project under reference.

3. Interested parties may obtain further details on this Invitation to Framework
Agreement from the Public Procurement Portal (http://publicprocurement.gov.mu)

4. The framework agreement shall be for a period of two years. Assignments allocated
to consultants under the framework agreement may continue beyond the duration period of
the framework agreement.

5. Proposals from potential consultants should reach the:

Central Procurement Board
1st Floor, Social Security House
Julius Nyerere Ave (Ex-Moka Road)
Rose Hill, Mauritius

up to 13.30 hours (local time) at latest on Tuesday 13 June 2017.

6. Proposals from the consultants shall be opened on same day as from 14.00 hours in
the Conference Room of the Central Procurement Board. Bidders and their representatives
may attend the bid opening if they so wish.
Section 2. Instructions to Consultants- 4

Section 2 - Instructions to Consultants

Table of Contents

Definitions 5
1. Type of Framework Agreement 6
2 Public Entities Related to Bidding Documents and Challenge and Appeal 7
3 Fraud and Corruption 8
4 Eligibility 10
5 Only one Proposal 11
6 Proposal Validity 12
7 Clarification and Amendment 12
8 Preparation of proposals 13
9 Proposal Format and Content 13
10 Submission, Receipt, and Opening of Proposals 14
11 Public Opening 14
12 Proposal Evaluation 15
13 Evaluation Criteria 15
14 Selection of Applicants 16
15. Debriefing 16
Section 2. Instructions to Consultants- 5
Instructions to Consultants

Definitions (a) “Client” means the Ministries or Department including the lead
organisation procuring the services of the consultant following
mini-competition under the framework agreement.
(b) “Consultant” means any entity acting in its own capacity as a
firm or an association/consortium of consultants in the form of
a joint venture or a sub-contract (sub-consultancy) selected
under the framework agreement to provide the multidisciplinary
services to the Client under the Contract.
(c) “Contract” means the Contract signed by the Consultant and the
Client following the mini-competition, at the second stage, in
accordance with the Call-Off terms and conditions and the
Schedules attached to the Framework Agreement.
(d) “Day” means calendar day.
(e) “Framework Agreement” means the agreement between the
lead organisation and the selected consultants which establishes
the terms and conditions under which the Consultant will enter
into one or more contracts with the Client(s) in the period
during which the agreement applies;
(f) “Government” means the government of the Republic of
Mauritius.
(g) “Instructions to Consultants (ITC)” (Section 2) means the part
of this document which provides consultants with all
information needed to prepare their proposals.
(h) “Lead Organisation” for this framework agreement means the
Ministry of Public Infrastructure and Land Transport designated
by the Procurement Policy Office to enter into and to manage
the framework agreement.
(i) “PPO” means the Procurement Policy Office of Mauritius
(j) “Personnel” means professionals and support staff provided by
the Consultant or by any sub-Consultant and assigned to
perform the services or any part thereof;
(k) “Proposal” means the application of the Consultants consisting
of all relevant documents to enable assessment of its
qualification and experience as well as for those of the key
personnel for the multi-disciplinary consulting services.
(l) “Services” means the work to be performed by the Consultant
pursuant to the contract awarded under the framework
agreement.
(m) “Service Providers” referred to in the framework agreement
Section 2. Instructions to Consultants- 6
means the Consultants selected to enter into the framework
agreement.
(n) “Terms of Reference” (TOR) means the document included in
as Section 5 which explains the objectives, scope of work,
activities, tasks to be performed, respective responsibilities of
the Client and the Consultant, and expected results and
deliverables in the assignment.
1. Type of 1.1 The Lead Organisation, Ministry of Public Infrastructure and
Framework Land Transport also referred to herein as Ministry of Public
Agreement Infrastructure (MPI) intends to shortlist Consultants to form
part of a Framework Agreement to provide multidisciplinary

consulting services for building construction and associated
infrastructure works for Government projects falling under
Ministries and Departments also referred to herein as Clients.
1.2 The Lead Organisation will select Consultants on the basis of
qualification, experience, financial requirements and past
litigation as more fully defined hereunder to enter into a
closed Framework Agreement with second-stage competition,
subject to clause 13.1(f).
1.3 The selected Consultants under the Framework Agreement
may be called upon to participate in a mini-competition to
submit their financial proposals and other requirements on a
lump sum fee basis in which the consultants are allowed to
decide on their man-days based using the fixed rates submitted
by the consultant in the Schedule of rates at the first stage of
the process for building construction and infrastructure
projects of value not exceeding Rs 25million. Contract shall
be awarded to the Consultant having submitted the lowest
evaluated proposal based on criteria mentioned in the mini-
competition document.

1.4 The duration of the Framework Agreement shall be for a
period of two years.
1.5 (i) Consultants shall quote for rates in six key consultancy
personnel in the Schedule of Rates as per Form-FIN 1 in
Section III. The rates will also be used for variations purposes.
(ii) All unit rates in the Form-FIN1 shall be in Mauritian
Rupees and shall remain fixed during the two-year contractual
period of the framework agreement.

1.6 Project completion for contract awarded to a Consultant
within the two years validity period of the framework
Section 2. Instructions to Consultants- 7
agreement may extend beyond the expiry of the framework
agreement.
1.7 With a view to favour early completion of deliverables, no
additional contract shall be awarded to a Consultant that has
been already awarded five contracts. Prior to award of a
contract to any of the selected consultant, the Client shall
obtain clearance from the Lead Organisation.

1.8 At the time of project implementation, the Client may require
the Consultant and the latter shall accede to the replacement of
any sub-Consultant acting in the capacity of a key resource
person, where the Client considers that such key resource
person is the cause of delays at any stage of the on-going
contract and/or for future contracts. The sub-Consultant
proposed as replacement shall be equally or better qualified
and subject to the Lead Organisation’s approval.
1.9 There is no obligation on the part of the Lead Organisation or
any of the other potential Client to procure services through
this Framework Agreement and there is no restriction on any
of the potential Client or the Lead Organisation to procure this
type of service for any of its projects through alternative mean
such as Request for Proposals or otherwise as provided for
under the Public Procurement Act.
1.10 Consultants shall bear all costs associated with the preparation
and submission of their proposals.
1.11 The Client is not bound to accept any proposal for selection, and
reserves the right to annul the selection process at any time prior
to the conclusion of the Framework Agreement without thereby
incurring any liability to the Consultants.
2 Public Entities 2.1 The public entities related to these bidding documents are the
Related to Public Body, acting as the Lead Organisation, Ministries and
Bidding Departments as Clients, the Procurement Policy Office, in
Documents and charge of issuing Standard Framework Agreement Documents
Challenge and and responsible for any amendment these may require, the
Appeal Central Procurement Board in charge of vetting Framework
Agreement documents, receiving and evaluating proposals in

respect of major contracts and the Independent Review Panel,
set up under the Public Procurement Act 2006 (hereinafter
referred to as the Act.) .

2.2 Sections 43, 44 and 45 of the Act provide for Challenge and
Review mechanism. Unsatisfied bidders shall follow
procedures prescribed in Regulations 48, 49 and 50 of the
Section 2. Instructions to Consultants- 8
Public Procurement Regulations 2008 to challenge procurement
proceedings and award of procurement contracts or to file
application for review at the Independent Review Panel.

2.3 Challenges and Applications for Review shall be forwarded to
the addresses indicated hereunder:

Challenges shall be addressed to:

Senior Chief Executive
Ministry of Public Infrastructure and Land Transport
Public Infrastructure Division
9th Floor, Moorgate House,
Sir William Newton Street,
Port-Louis.
Tel: [phone]; Fax [phone]

Application for Review shall be addressed to:

The Independent Review Panel
Level 9, Wing B, Emmanuel Anquetil Building
Pope Hennessy Street
Port Louis
Tel : [phone]

3 Fraud and 3.1 It is the policy of the Government of Mauritius to require public
Corruption bodies, as well as Consultants and their agents (whether
declared or not), personnel, sub-contractors, sub-consultants,

service providers and suppliers observe the highest standard of
ethics during the selection and execution of contracts.1 In
pursuance of this policy, the Government of Mauritius:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of
another party2;
(ii) “fraudulent practice” is any act or omission,
including misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain financial or other benefit or to avoid an
obligation3;

1 In this context, any action taken by a consultant or a sub-consultant to influence the selection process or contract
execution for undue advantage is improper.
2 “Another party” refers to a public official acting in relation to the selection process or contract execution. In this context
“public official” includes World Bank staff and employees of other organizations taking or reviewing selection decisions.
3 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract
execution; and the “act or omission” is intended to influence the selection process or contract execution.
Section 2. Instructions to Consultants- 9
(iii) “collusive practices” is an arrangement between two
or more parties designed to achieve an improper
purpose, including to influence improperly the
actions of another party4;
(iv) “coercive practices” is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party5;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede the
Client’s investigation into allegations of a
corrupt, fraudulent, coercive, or collusive
practice; and/or threatening, harassing, or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation, or
(bb) acts intended to materially impede the
exercise of the Client’s inspection and audit
rights provided for under paragraph 3.2
below.
(b) will reject a proposal for award if it determines that the
consultant recommended for award has, directly or
through an agent, engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices in competing
for the contract in question;
(c) will sanction a firm or an individual at any time, in
accordance with prevailing procedures, including by
publicly declaring such firm or individual ineligible for a
stated period of time: (i) to be awarded a public contract,
and (ii) to be a nominated sub-Consultantb, sub-contractor,
supplier, or service provider of an otherwise eligible firm
being awarded a public contract.
3.2 In further pursuance of this policy, Consultants shall permit the
Client to inspect their accounts and records and other
documents relating to the submission of proposals and contract
performance, and to have them audited by auditors appointed

4 “Parties” refers to participants in the procurement or selection process (including public officials) attempting to establish
contract prices at artificial, non competitive levels.
5 “Party” refers to a participant in the selection process or contract execution.
b A nominated sub-consultant, supplier, or service provider is one which either has been (i) included by the Consultant in its proposal
because it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the Consultant’s
proposal for the particular services; or (ii) appointed by the Client.
Section 2. Instructions to Consultants- 10
by the Client.
3.3 Consultants and public officials shall be also aware of the
provisions stated in sections 51 and 52 of the Public
Procurement Act which can be consulted on the website of the
Procurement Policy Office (PPO): http://ppo.govmu.org
3.4 Consultants shall furnish information on commissions and
gratuities, if any, paid or to be paid to agents relating to this
proposal and during execution of the assignment if the
Consultant is awarded the Contract, as requested in the
Financial Proposal submission form at the second stage.
3.5 The Lead Organisation and Clients commit themselves to take all
measures necessary to prevent fraud and corruption so that
none of their staff, personally or through his/her close relatives
or through a third party, will in connection with the framework
agreement for, or the execution of a contract, demand, take a
promise for or accept, for him/herself or third person, any
material or immaterial benefit which he/she is not legally
entitled to. If the Lead Organisation or any Client obtains
information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of
Mauritius or if there be a substantive suspicion in this regard,
he will inform the relevant authority (ies) and in addition can
initiate disciplinary actions. Furthermore, such proposal shall
be rejected.
4 Eligibility 4.1 (a) Subject to the other sub-clauses hereunder, only
Consultants incorporated and operating in Mauritius for at

least five years shall be eligible to apply for this Framework.
(b) In accordance with CIDB (Registration of Consultant and
Contractors) Regulation 2014, Consultants currently operating
in the construction sector have the statutory obligation to be
registered with the Construction Industry Development Board
(CIDB) accordingly.
(c) Consultants under an existing or intended joint
venture will be eligible as a joint venture if, in addition to
their respective individual registration, they obtain a
Provisional Registration with CIDB for the joint venture
prior to submitting proposals for this project. If an
existing or intended joint venture is awarded the contract
it shall have to apply for a Temporary Registration prior
to starting the project.
(d) Sub-consultants undertaking assignments on behalf of
main consultants are also subject to registration with
CIDB as applicable to consultants.
(e) Consultants are strongly advised to consult the website of