TERMS OF REFERENCE (TOR) FOR CIVIL WORKS

                                              GENERAL INFORMATION

                                                                Services/Work Description:                Rehabilitation of the Ministry of Justice, Annex building

Employer:                                                  Ministry of Justice

Contract Type:                                         Consultancy, Expert Firm (Minor civil works)

Duration:                                                   5 months

Expected Start Date:                             April 2024

BACKGROUND

The Truth, Reconciliation and Reparations Commission (TRRC) was established in December 2017 through an Act of National Assembly, with a mandate to investigate human rights violations that occurred between July 1994 and January 2017. The Commission was given broad powers to gather evidence, hear testimony from witnesses and victims, and recommend measures to address the legacy of past abuses. The TRRC was also mandated to promote reconciliation and healing, and to make recommendations for reparations for victims and their families.

In November 2021, the TRRC submitted its final report to the Government, which included a wide range of findings and 265 recommendations geared towards addressing the legacy of past human rights violations. The TRRC recommendations include measures to ensure accountability, promote reconciliation and healing, and provide reparations for victims and their families. The recommendations include institutional reforms to strengthen the rule of law, enhance human rights protections, and ensure that state security agencies are accountable to the public. The TRRC also recommended the establishment of a reparations fund to provide financial and other forms of assistance to victims and their families.

The Government of The Gambia has committed in its White Paper on the TRRC recommendations to implement 263 of the TRRC recommendations, and in May 2023, developed an Implementation Plan to guide the process. The Implementation Plan aims to ensure that the TRRC’s recommendations are fully and effectively implemented, in a manner that is transparent, inclusive, and accountable. The Plan outlines the steps that the Government will take to implement the various recommendations and identifies the key stakeholders responsible for implementing them.

The Ministry of Justice (MOJ) has set up a Post TRRC Unit (PTU) that will be housed within the Ministry of Justice to serve as a Secretariat to the Steering Committee responsible for coordinating the implementation of the recommendations. The PTU requires a dedicated space to work from, therefore the Ministry of Justice requires urgent renovation and restoration works to preserve integrity of the existing building structure and enhance the working environment.

SCOPE OF THE WORK

The Ministry of Justice seeks to engage services of a suitably qualified civil works firm to provide professional engineering services in accordance with common engineering practices, industry best practices, and global ISO standards. The main objective of proposed works shall include clearing the surrounding, and renovation the exterior and interiors of the building.

The firm shall provide the following services:

1. Safety and Security Upgrades:
   • Renovate and enhance the entire building to meet safety standards.
   • Implement security measures for the protection of occupants and assets.

2. Facility Upgrades:
   • Upgrade building facilities, including plumbing and electrical systems.
   • Install an appropriate electrical meter to accommodate the building's electrical load.
3. Water Accessibility:
   • Ensure water accessibility throughout the building.
   • Implement facilities to guarantee water availability in all areas of the building.
4. Technology Integration:
   • Accommodate Wi-Fi installation throughout the building.
   • Install power outlets in offices for convenient access to electricity by staff.
5. Storage Unit Construction:
   • Construct secure storage units with shelving facilities for document and stationary storage.
6. Premises Paving:
   • Improve the outdoor premises by suitable paving for enhanced aesthetics and functionality.
7. Kitchen Establishment:
   • Design and create a kitchen within the building for staff, providing a conducive dining environment.
8. Painting:
   • Apply high-quality, weather-resistant, and durable paint to both the interior and exterior of the building.
9. Roof and Ceiling Renovation:
   • Renovate and reinforce the roof and ceiling to ensure safety and prevent leaks.
10. Comprehensive Compliance:
    • Address any other necessary improvements to bring the entire building up to standard and compliance.

INPUTS

The Contractor shall be fully responsible for all inputs, planning, managing and implementation of   the scope of works bearing all risks and costs.

1. The Contractor shall be responsible for the competency and capability of its personnel, and shall have the capacity to manage works implementation independently.
2. The Contractor shall source, procure, transport and store all materials bearing all costs and risks.
3. Contractor shall ensure effective supply chain planning & management to avoid delays during implementation.
4. The Contractor shall develop a quality control plan and undertake regular self-audits to ensure:
   • Works conform to MOJ requirements.
   • Deter potential deviation in service delivery. Any deviations identified shall be corrected immediately before quality of works becomes unacceptable to MOJ.
   • Ensure MOJ receives value for money.
   • Ensure efficiency in their service delivery model.
   • Ensure its personnel adhere to MOJ security advisory whilst on premises.
5. The Contractor shall assume full unequivocal responsibility for the performance of works in accordance with MOJ contractual documents, Industry standards & best practices, Global ISO codes and all other applicable Codes/Regulations. Works implementation shall follow a logical sequence.
6. The Contractor shall not execute any works and/ or make any material changes during works performance unless specifically so   authorized in accordance with the procedures ascribed in MOJ Contractual documents.
7. Contractor shall take care to minimize spillages and/or debris pile-ups on site during work performance. Accumulations/spillages shall be cleaned up immediately to avoid safety hazards. Waste disposal shall be done in accordance with local environmental laws/regulations with contractors bearing all costs/risks.
8. To the extent possible, work delivery during Regular Working Hours shall be carried out in a manner not to disrupt MOJ Office operations.

EXPECTED OUTPUTS AND DELIVERABLES

INSTITUTIONAL ARRANGEMENT / REPORTING RELATIONSHIPS  

The selected firm will report to and submit deliverables to the Solicitor General, who would provide guidance and assess the quality of the deliverables. The firm will be required to work closely with the Special Adviser on Transitional Justice and other members of the Post-TRRC Unit.

CONTRACTOR ELIGIBILITY

Contractor must be Limited Liability Companies duly registered with the Registrar of Companies and must have up to date filed Annual Returns with the Company Registry and Gambia Revenue Authority. In addition, the bidders must have a valid GPPA registration certificate. Contractor must submit three contracts of a similar nature previously carried out by the Contractor in the last 6 years.

PRE-BID CONFERENCE 

All information provided herein is to the best of MOJ’s knowledge at the time of Bid issuance. The Contractor has an obligation to carry out independent due-diligence and verification of information provided herein prior to bidding. MOJ shall not be liable for any direct, indirect, or consequential losses resulting from reliance on information provided herein.

A pre-bid conference shall be conducted on Monday, 11 March 2024 @ 1100h. A site walkabout shall be conducted followed by a short Q&A session. Bidders who do not attend this conference shall be ineligible to tender. Please email posttrrc@moj.gov.gm and keep saffianyabs@gmail.com in cc to confirm attendance at Bidder’s conference.

DURATION OF THE WORK  

The duration of this contract is for 5 months, commencing in April 2024.

QUALIFICATIONS REQUIRED FOR KEY PERSONNEL AND TEAM LEAD

To qualify, bidding firms are required to submit the CVs of each of their key personnel, who must have at least 10 years of work experience each in their area of expertise, as well as at least, a high school certificate. A team lead must be identified, with the following minimum qualifications, who will be fully dedicated to these works and act as the Ministry of Justice’s focal point with the firm.

• Academic Qualifications
  • A bachelor’s degree in Engineering.
• Professional experience
  • At least 10 years of experience leading similar projects.
• Competencies
  • Communication
  • Working with People
  • Drive for Results
• Language and other skills

• Strong knowledge of English, including the ability to present clearly and concisely ideas and concepts in written and oral form.
• Capacity to communicate fluently with different stakeholders, and
• Computer skills: full command of Microsoft applications (word, excel, PowerPoint) and common internet and design applications will be required.

Important Note:

Bidding firms are required to have the following professional and technical qualifications and only those who hold these qualifications will be shortlisted and contacted. Firms are strongly encouraged to include women, young people and/or Persons with Disabilities as part of their proposed teams.

CONTRACT CONCEPT

The contractor shall submit a comprehensive and integrated design, bill of quantity (BOQ), specifications of the materials to be used, specifications of the equipment to be employed, and provide the total cost of the proposed construction and installation works.

It is envisaged that a single Contractor shall undertake all works prescribed herein. No partial bids shall be accepted.

Pricing: Bidder shall ensure transparency in the computation of BOQ unit prices. Proposed Contract pricing/unit cost structuring shall be:

• All costs inclusive excluding VAT. (VAT fees shall be listed as payable on the invoice on a separate line item but shall not be included in the contractual unit costs.)
• Pricing Approach: BOQ unit rates. Contractor shall carry out their own inspection and/or measurements to ensure their BOQ accurately reflects total costs for actual area.

EVALUATION CRITERIA AND METHODOLOGY

Tenders will be evaluated on administrative, technical, and financial criteria. All tenders will be initially subject to administrative evaluation. Only tenders that are administratively compliant will be scored on technical and financial criteria.

The Contractor must fulfill the following Eligibility Criteria:

Following the bidder’s fulfillment of the Eligibility Criteria, their submission will then be evaluated Technically and Financially. Contract award shall be made to the bidder whose offer has been evaluated and determined as having received the cumulative highest score out of the following pre-determined set of weighted technical and financial criteria specific to the solicitation.

Only candidates obtaining a minimum of 70% from the maximum available technical score (70 points) would be considered for the Financial Evaluation. The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will be equal to 30. The proposal obtaining the overall cumulatively highest score after adding the score of the technical criteria and the financial proposal will be considered as the most compliant offer.

PAYMENT AUTHORITY

As contained in the Letter of Agreement between the Ministry of Justice and the UNDP under the PBF funded, Post-TRRC Project, the selected firm shall receive his/her upon certification of the completed tasks as satisfactory by the Solicitor General, as per the following payment schedule.

CONFIDENTIALITY AND PROPRIETARY INTERESTS

The Contractor shall not either during the term or after termination of the assignment, disclose any proprietary or confidential information related to the consultancy service without prior written consent. Proprietary interests on all materials and documents prepared by the consultants under the assignment shall become and remain properties of the Attorney Generals Chambers & the Ministry of Justice.

HOW TO APPLY

BID CLOSING DATE: 12 noon on 29 March 2024.

SUBMIT ALL 4 RFQ TENDER DOCUMENTS: (All documents shall be presented in English Language)

1. Proof of Eligibility
2. Detailed BOQ
3. Drawings
4. CVs of Engineers that will be working on the project

Submit these in both hard copy at the Ministry of Justice Records Office, and electronically at the email address posttrrc@moj.gov.gm keeping saffianyabs@gmail.com in cc.

Address to deliver application package

Mark sealed envelope with the title: Civil Works on the MOJ Annex Building

Ministry of Justice

Marina Parade

Banjul, The Gambia

This TOR is approved by:

Signature:     IDA PERSSON 

Date:                 13/02/2024             

Name and Designation: Ms. Ida Persson, Special Adviser on Transitional Justice