REQUEST FOR PROPOSALS
(PROCUREMENT OF SERVICES)
For Simple Assignments
Provision of Secondary Medical Care in Baidoa for Returnees and other Patients referred by IOM
IOM International Organization for Migration
26th February 2020
REQUEST FOR PROPOSALS
RFP No.: SOM/2020/23
Mission: IOM Somalia
Project Name: EU-IOM Joint Initiative for Migrant Protection and Reintegration
Title of Services: Provision of Secondary Medical Care in Baidoa for Returnees and other patients referred by IOM
Request for Proposal
The International Organization for Migration (hereinafter called IOM) intends to hire Service Provider for the EU-IOM Joint Initiative for Migrant Protection and Reintegration for which this Request for Proposals (RFP) is issued.
IOM now invites Service Providers/ Consulting Firms to provide Technical and Financial Proposal for the following Services: Provision of Secondary Medical Care in Baidoa for Returnees and other patients referred by IOM. More details on the services are provided in the attached Terms of Reference (TOR).
The Service Provider /Consulting Firm will be selected under a Quality –Cost Based Selection procedures described in this RFP.
The RFP includes the following documents:
Section I. Instructions to Service Providers/ Consulting Firms
Section II. Technical Proposal – Standard Forms
Section III. Financial Proposal – Standard Forms
Section IV. Terms of Reference
Section V. Standard Form of Contract
The Proposals must be submitted through mail to email@example.com on or before 5:00PM local time at 10th April 2020 No late proposal shall be accepted.
IOM reserves the right to accept or reject any proposal and to annul the selection process and reject all Proposals at any time prior to contract award, without thereby incurring any liability to affected Service Providers/ Consulting Firms
Bids Evaluation and Awards Committee
IOM is encouraging companies to use recycled materials or materials coming from sustainable resources or produced using a technology that has lower ecological footprints.
Table of Contents
1.1 Only eligible Service Providers/ Consulting Firms may submit a Technical Proposal and Financial Proposal for the services required. The proposal shall be the basis for contract negotiations and ultimately for a signed contract with the selected Consultant Firm.
- Service Providers/ Consulting Firms should familiarize themselves with local conditions and take them into account in preparing the proposal. Service Providers/ Consulting Firms are encouraged to visit IOM before submitting a proposal and to attend a pre-proposal conference if is specified in Item 2.3. Of this Instruction.
1.3 The Service Providers/ Consulting Firms costs of preparing the proposal and of negotiating the contract, including visit/s to the IOM, are not reimbursable as a direct cost of the assignment.
1.4 Service Providers/ Consulting Firms shall not be hired for any assignment that would be in conflict with their prior or current obligations to other procuring entities, or that may place them in a position of not being able to carry out the assignment in the best interest of the IOM.
1.5 IOM 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 Service Providers/ Consulting Firms.
- IOM shall provide at no cost to the Service Provider/ Consulting Firm the necessary inputs and facilities, and assist the Firm in obtaining licenses and permits needed to carry out the services and make available relevant project data and report (see Section V. terms of reference).
- Corrupt, Fraudulent, and Coercive Practices
2.1 IOM Policy requires that all IOM Staff, bidders, manufacturers, suppliers or distributors, observe the highest standard of ethics during the procurement and execution of all contracts. IOM shall reject any proposal put forward by bidders, or where applicable, terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. In pursuance of this policy, IOM defines for purposes of this paragraph the terms set forth below as follows:
- Corrupt practice means the offering, giving, receiving or soliciting, directly or indirectly, of any thing of value to influence the action of the Procuring/Contracting Entity in the procurement process or in contract execution;
- Fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of a contract, to obtain a financial gain or other benefit to avoid an obligation;
- Collusive practice is an undisclosed arrangement between two or more bidders designed to artificially alter the results of the tender procedure to obtain a financial gain or other benefit;
- Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or affect the execution of a contract
- Conflict of Interest
3.1 All bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand. A bidder may be considered to have conflicting interest under any of the circumstances set forth below:
- A Bidder has controlling shareholders in common with another Bidder;
- A Bidder receives or has received any direct or indirect subsidy from another Bidder;
- A Bidder has the same representative as that of another Bidder for purposes of this bid;
- A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the Bid of another or influence the decisions of the Mission/procuring Entity regarding this bidding process;
- A Bidder submits more than one bid in this bidding process;
- A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are subject of the bid.
- Clarifications and Amendments to RFP Documents
4.1 At any time before the submission of the proposals, IOM may, for any reason, whether at its own initiative or in response to a clarification amend the RFP. Any amendment made will be made available to all short-listed Service Providers/ Consulting Firms who have acknowledged the Letter of Invitation.
4.2. Service Providers/ Consulting Firms may request for clarification(s) on any part of the RFP. The request must be sent in writing or by standard electronic means and submitted to IOM at the address indicated in the invitation at least seven (7) calendar days before the set deadline for the submission and receipt of Proposals. IOM will respond in writing or by standard electronic means to the said request and this will be made available to all those who acknowledged the Letter of Invitation without identifying the source of the inquiry.
- Preparation of the Proposal
5.1 A Service Provider/ Consulting Firm Proposal shall have two (2) components:
- a) The Technical Proposal, and
- b) The Financial Proposal.
5.2 The Proposal, and all related correspondence exchanged by the Service Providers/ Consulting Firms and IOM, shall be in English. All reports prepared by the contracted Service Provider/ Consulting Firm shall be in English.
5.3 The Service Providers/ Consulting Firms are expected to examine in detail the documents constituting this Request for Proposal (RFP). Material deficiencies in providing the information requested may result in rejection of a proposal.
- Technical Proposal
6.1 When preparing the Technical Proposal, Service Providers/ Consulting Firms must give particular attention
To the following:
- If a Service Provider/ Consulting Firm deems that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or other consultants or entities in a joint venture or sub-consultancy, as appropriate. Service Providers/ Consulting Firms may associate with the other consultants invited for this assignment or to enter into a joint venture with consultants not invited, only with the approval of IOM. 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) For assignment of the staff, the proposal shall be based on the number of professional staff-months estimated by the firm, no alternative professional staff shall be proposed.
- c) It is desirable that the majority of the key professional staff proposed is permanent employees of the firm or have an extended and stable working relationship with it.
- Proposed professional staff must, at a minimum, have the experience of at least. Five years, preferably working under conditions similar to those prevailing in the country of the assignment.
- The Technical Proposal shall provide the following information using the attached Technical Proposal Standard Forms TPF 1 to TPF 6 (Section III).
- A brief description of the Service Providers/ Consulting Firms organization and an outline of recent experience on assignments of a similar nature (TPF-2), if it is a joint venture, for each partner. For each assignment, the outline should indicate the profiles of the staff proposed, duration of the assignment, contract amount, and firm’s involvement.
- A description of the approach, methodology and work plan for performing the assignment (TPF-3). This should normally consist of maximum of ten (10) pages including charts, diagrams, and comments and suggestions, if any, on Terms of Reference and counterpart staff and facilities. The work plan should be consistent with the work schedule (TPF-7)
- The list of proposed Professional Staff team by area of expertise, the position and tasks that would be assigned to each staff team members (TPF-4).
- Latest CVs signed by the proposed professional staff and the authorized representative submitting the proposal (TPF-5) Key information should include number of years working for the firm and degree of responsibility held in various assignments during the last five years.
- A time schedule estimates of the total staff input (Professional and Support Staff, staff time needed to carry out the assignment, supported by a bar chart diagram showing the time proposed for each Professional and Staff team members (TPF–6). The schedule shall also indicate when experts are working in the project office and when they are working at locations away from the project office.
- A time schedule (bar chart) showing the time proposed to undertake that the activities indicated in the work plan (TPF-7).
- A detailed description of the proposed methodology and staffing for training if the RFP specifies training as specific component of the assignment.
6.3 The technical proposal shall not include any financial information.
- Financial Proposal
7.1 In preparing the Financial Proposal, consultants are expected to take into account the requirements and conditions outlined in the RFP. The Financial Proposal shall follow the Financial Proposal Standard Forms FPF 1 to FPF 4 (Section IV).
7.2 The Financial proposal shall include all costs associated with the assignment, including (i) Consultation fees (ii) Laboratory Charges, (iii) Radiological charges, and any other related to the diagnosis and treatment of the Migrants. If appropriate, these costs should be broken down by activity. All items and activities described in the Technical proposal must be priced separately; activities and items in the Technical Proposal but not priced shall be assumed to be included in the prices of other activities or items.
7.3 The Service Provider/ Consulting Firm may be subject to local taxes on amounts payable under the Contract. If such is the case, IOM may either: a) reimburse the Service Provider/ Consulting Firm for any such taxes or b) pay such taxes on behalf of the Consultant.  Taxes shall not be included in the sum provided in the Financial Proposal as this will not be evaluated, but they will be discussed at contract negotiations, and applicable amounts will be included in the Contract.
7.4. Service Providers/ Consulting Firms shall express the price of their services in United States of America Dollars (USD).
7.5 The Financial Proposal shall be valid for Sixty (60) calendar days. During this period, the Service Provider/ Consulting Firm is expected to keep available the professional staff for the assignment. IOM will make its best effort to complete negotiations and determine the award within the validity period. If IOM wishes to extend the validity period of the proposals, the Service Provider/ Consulting Firm has the right not to extend the validity of the proposals.
- Submission, Receipt, and Opening of Proposals
8.1 Service Providers/ Consulting Firms may only submit one proposal. If a Service Provider/ Consulting Firm submits or participates in more than one proposal such proposal shall be disqualified.
8.2 The original Proposal (both Technical and Financial Proposals) shall be prepared in indelible ink. It shall contain no overwriting, except as necessary to correct errors made by the Service Providers/ Consulting Firms themselves. Any such corrections or overwriting must be initialed by the person(s) who signed the Proposal.
- The Service Providers/ Consulting Firms shall submit one original and one copy of the Proposal. Each Technical Proposal and Financial Proposal shall be marked “Original” or “Copy” as appropriate. If there are any discrepancies between the original and the copies of the Proposal, the original governs.
8.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “TECHNICAL PROPOSAL.” Similarly, the original Financial Proposal shall be placed in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and with a warning “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” Both envelopes shall be placed into an outer envelope and sealed. The outer envelope shall be labeled with the submission address, reference number and title of the project and the name of the Service Provider/ Consulting Firm.
8.5 Proposals must be received by IOM at the place, date and time indicated in the invitation to submit proposal or any new place and date established by the IOM. Any Proposal submitted by the Service Provider/ Consulting Firm after the deadline for receipt of Proposals prescribed by IOM shall be declared “Late,” and shall not be accepted by the IOM and returned to the consultant unopened.
8.6 After the deadline for the submission of Proposals, all the Technical Proposal shall be opened first by the BEAC. The Financial Proposal shall remain sealed until all submitted Technical Proposals are opened and evaluated. The BEAC has the option to open the proposals publicly or not.
- Evaluation of Proposals
9.1 After the Proposals have been submitted to the BEAC and during the evaluation period, Service Providers/ Consulting Firms that have submitted their Proposals are prohibited from making any kind of communication with any BEAC member, as well as its Secretariat regarding matters connected to their Proposals. Any effort by the Service Providers/ Consulting Firms to influence IOM in the examination, evaluation, ranking of Proposal, and recommendation for the award of contract may result in the rejection of the Service Providers/ Consulting Firms Proposal.
- Technical Evaluation
10.1 The entire evaluation process, including the submission of the results and approval by the approving authority, shall be completed in not more than ten (10) calendar days after the deadline for receipt of proposals.
10.2 The BEAC shall evaluate the Proposals on the basis of their responsiveness to the Terms of Reference, compliance to the requirements of the RFP and by applying an evaluation criteria, sub criteria and point system. Each responsive proposal shall be given a technical score (St). The proposal with the highest score or rank shall be identified as the Highest Rated/Ranked Proposal.
10.3 A proposal shall be rejected at this stage if it does not respond to important aspects of the TOR or if it fails to achieve the minimum technical qualifying score which is minimum technical qualifying score, is 70%.
10.4 The technical proposals of Service Providers/ Consulting Firms shall be evaluated based on the following criteria and sub-criteria:
- Preliminary Check of Bidding Documents
Prior to detailed review of the bidding documents, the preliminary check aims to screen the bidders against the minimum criteria for eligibility as follows:
- Deadline: Time / date of submission of bidding documents were before the deadline outline in the RFQ.
- Sufficiency of Bidding Documents: The bidders have submitted all documents requested in the RFQ, whether any computational errors were made, whether the documents were properly signed, and whether the proposals are generally in order.
- Eligibility for Award: The bidders satisfy all of the minimum criteria for eligibility for award as outlined in the RFQ/RFP.
|Specific experience of the Service Providers relevant to the assignment: [Max 30 points]|
|Duration of experience in the provision of Medical services (Total number of years engaged in similar project works)
|=>3 – <5 years||5|
|Similar experience in Somalia/Somaliland carried out on behalf of UN, Government Organizations and INGOs
|=>5 or more similar assignments with documented evidence such as Contracts, descriptive reports and recommendations from reputable agencies.||20|
|3 or 4 similar assignments with documented evidence such as Contracts, descriptive reports and recommendations from reputable agencies.||14|
|2 similar assignments with documented evidence such as Contracts, descriptive reports and recommendations from reputable agencies.||8|
|1 similar assignment with documented evidence such as Contracts, descriptive reports and recommendations from reputable agencies.||5|
|0 similar assignments with documented evidence such as Contracts, descriptive reports and recommendations from reputable agencies.||0|
|Adequacy of the proposed methodology and work plan in response to the Terms of Reference: [Max 40 points]|
|Organization and staffing.
|Very good organization structure presentation in delivery of Medical services and evidence of appropriate Medical facilities and equipment.||10|
|Good organization structure presentation in delivery of Medical services and evidence of appropriate Medical facilities and equipment||5|
|Fair organizational structure presentation in delivery of Medical services and evidence of appropriate Medical facilities and equipment.||3|
|Proposed Technical approach and methodology
|The technical approach and methodology presented fully addresses ToR objectives, showing excellent understanding of subject matter ,required processes and innovative||30|
|The technical approach and methodology presented adequately addresses ToR objectives, showing moderately understanding of subject , required processes and innovative||20|
|The technical approach and methodology presented partially addresses ToR objectives, showing little understanding of subject and required processes||10|
|The technical approach and methodology poorly addresses ToR objectives, showing poor understanding of subject matter and required processes||0|
|Key professional staff qualifications and competence for the assignment: [Max 30 points]|
|Qualifications and Number of years of experiences of the Hospital Manager: (Medicine, Project Management, Economics and related studies with experience)||Master’s Degree and experience of =>7 Years Managing and overseeing a referral Hospital.||15|
|Master’s Degree or Bachelor’s Degree with experience of =>3-7 Years in managing and overseeing a busy Hospital.||10|
|Bachelors or Master’s Degree and experience of less than 3 Years in managing and overseeing a busy Hospital.||5|
|Qualifications and Number of years of experiences of the Hospital Administrator: (Business Administration, Project Management, Political science, Economics and related studies with experience)||Master’s Degree and experience of =>7 Years in Administration at a busy Hospital||15|
|Bachelor’s Degree and experience of =>3-7 Years in Administration at a busy Hospital||10|
|Bachelor’s Degree and experience of less than # Years in Administration at a busy Hospital||5|
10.5 Technical Proposal shall not be considered for evaluation in any of the following cases:
- a) Late submission, e., after the deadline set
- b) Failure to submit any of the technical requirements and provisions provided under the Instruction to Service Provider/ Consulting Firm (ITC) and Terms of Reference (TOR);
- Financial Evaluation
11.1 After completion of the Technical Proposal evaluation, IOM shall notify those Service Providers/ Consulting Firms whose proposal did not meet the minimum qualifying score or were considered non responsive based on the requirements in the RFP, indicating that their Financial Proposals shall be returned unopened after the completion of the selection process.
11.2 IOM shall simultaneously notify the Service Providers/ Consulting Firms that have passed the minimum qualifying score indicating the date and opening of the Financial Proposal. The BEAC has the option to open the financial proposals publicly or not.
11.3 The BEAC shall determine the completeness of the Financial Proposal whether all the Forms are present and the required to be priced are so priced.
- The BEAC will correct any computational errors. In case of a discrepancy between a partial amount and the total amount, or between words and figures, the former will prevail. In addition, activities and items described in the Technical proposal but not priced, shall be assumed to be included in the prices of other activities or items.
- The Financial Proposal of Service Providers/ Consulting Firms who passed the qualifying score shall be opened, the lowest Financial Proposal (F1) shall be given a financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals shall be computed based on the formula :
Sf = 100 x Fl / F
Sf – is the financial score of the Financial Proposal under consideration,
Fl – is the price of the lowest Financial Proposal, and
F – is the price of the Financial Proposal under consideration.
The proposals shall then be ranked according to their combined (Sc) technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal = 0.80; F = the weight given to the Financial Proposal = 0.20; T + F = 1)
Sc = St x T% + Sf x F%
The firm achieving the highest combined technical and financial score will be invited for negotiations.
12.1 The aim of the negotiation is to reach agreement on all points and sign a contract. The expected date and address for contract negotiation is will be communicated to the successful firm, which will be held at IOM Somalia Offices in Mogadishu.
12.2 Negotiation will include: a) discussion and clarification of the Terms of Reference (TOR) and Scope of Services; b) Discussion and finalization of the methodology and work program proposed by the Service Provider/ Consulting Firm; c) Consideration of appropriateness of qualifications and pertinent compensation, number of man-months and the personnel to be assigned to the job, and schedule of activities (manning schedule); d) Discussion on the services, facilities and data, if any, to be provided by IOM; e) Discussion on the financial proposal submitted by the Service Provider/ Consulting Firm; and f) Provisions of the contract. IOM shall prepare minutes of negotiation which will be signed both by IOM and the Service Providers/ Consulting Firms.
12.3 The financial negotiations will include clarification on the tax liability and the manner in which it will be reflected in the contract and will reflect the agreed technical modifications (if any) in the cost of the services. Unless there are exceptional reasons, the financial negotiations will involve neither the remuneration rates for staff nor other proposed unit rates.
12.4 Having selected the Service Provider/ Consulting Firm on the basis of, among other things, an evaluation of proposed key professional staff, IOM expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, IOM shall require assurances that the experts shall be actually available. IOM will not consider substitutions during contract negotiation unless both parties agree that the undue delay in the selection process makes such substitution unavoidable or for reasons such as death or medical incapacity. If this is not the case and if it is established that staff were referred in their proposal without confirming their availability the Service Provider/ Consulting Firm may be disqualified. Any proposed substitution shall have equivalent or better qualifications and experience than the original candidate.
12.5 All agreement in the negotiation will then be incorporated in the description of services and form part of the Contract.
12.6 The negotiations shall conclude with a review of the draft form of the Contract which forms part of this RFP (Section VI). To complete negotiations, IOM and the Service Providers/ Consulting Firms shall initial the agreed Contract. If negotiations fail, IOM shall invite the second ranked Service Provider/ Consulting Firm to negotiate a contract. If negotiations still fail, the IOM shall repeat the process for the next-in-rank Service Providers/ Consulting Firms until the negotiation is successfully completed.
- Award of Contract
13.1 The contract shall be awarded, through a notice of award, following negotiations and subsequent post-qualification to the Service Provider/ Consulting Firm with the Highest Rated Responsive Proposal. Thereafter, the IOM shall promptly notify other Service Providers/ Consulting Firms on the shortlist that they were unsuccessful and shall return their unopened Financial Proposals. Notification will also be sent to those Service Providers/ Consulting Firms who did not pass the technical evaluation.
- The Service Provider/ Consulting Firm is expected to commence the assignment on 1st November 2018.
- Information relating to the evaluation of proposals and recommendations concerning awards shall not be disclosed to the Service Provider/ Consulting Firm who submitted Proposals or to other persons not officially concerned with the process. The undue use by any Service Provider/ Consulting Firm of confidential information related to the process may result in the rejection of its Proposal and may be subject to the provisions of IOM’s anti-fraud and corruption policy.
TPF-1: Technical Proposal Submission Form
To: [Chairperson Name and address of IOM Mission]
We, the undersigned, offer to provide the Services for Provision of Secondary Medical Care for Returnees and other patients referred by IOM in accordance with your Request for Proposal (RFP) dated [insert Date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.
If negotiations are held after the period of validity of the Proposal, we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations.
We acknowledge and accept IOM’s right to inspect and audit all records relating to our Proposal irrespective of whether we enter into a contract with IOM as a result of this proposal or not.
We understand you are not bound to accept any Proposal you receive.
Name and Title of Signatory:
Name of Firm:
- TPF – 2: Service Providers/ Consulting Firms Organization
- [Provide here brief (two pages) description of the background and organization of your firm/entity and each associate for the assignment (if applicable).]
- TPF – 3: Description of the Approach, Methodology and Work Plan for Performing the Assignment
- [The description of the approach, methodology and work plan should normally consist of 10 pages, including charts, diagrams, and comments and suggestions, if any, on Terms of reference and counterpart staff and facilities.]
TPF – 4: Team Composition and Task Assignments
|1. Technical/Managerial Staff|
|2. Support Staff|
TPF – 5: Format of Curriculum Vitae (CV) for Proposed Professional Staff
Name of Firm:
Name of Staff:
Date of Birth:
Years with Firm/Entity: Nationality:
Membership in Professional Societies:
Detailed Tasks Assigned:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page.]
[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.]
[Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.]
[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged.
[Signature of staff member and authorized representative of the firm] Day/Month/Year
Full name of staff member:______________________________________
Full name of authorized representative: __________________________
Completion and Submission of Reports
1. Inception Report
|2 weeks after project start date|
2. Interim Progress Report
|6 months after project start date|
4. Final Report
|2 weeks after project end date|
FPF-1: Financial Proposal Submission Form
To: [Name of Chairperson and address of IOM Mission
We, the undersigned, offer to provide the consulting services for Provision of Secondary Medical Care for Returnees and other patients referred by IOM in accordance with your Request for Proposal (RFP) dated [insert date] and our Proposal (Technical and Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and figures]. This amount is exclusive of the local taxes, which we have estimated at [Amount(s) in words and figures].
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the validity period of [insert validity period] of the Proposal.
We acknowledge and accept the IOM right to inspect and audit all records relating to our Proposal irrespective of whether we enter into a contract with the IOM as a result of this Proposal or not.
We confirm that we have read, understood and accept the contents of the Instructions to Service Providers/ Consulting Firms (ITC), Terms of Reference (TOR), the Draft Contract, the provisions relating to the eligibility of Service Providers/ Consulting Firms, any and all bulletins issued and other attachments and inclusions included in the RFP sent to us.
We understand you are not bound to accept any Proposal you receive.
Name and Title of Signatory:
Name of Firm:
|ITEM NO.||DESCRIPTION||EST. DURATION||PRICE IN NUMBERS||PRICE IN WORDS|
|1||X-ray posteroanterior||1 (one) day||example|
Name and Title of Signatory:
TERMS OF REFERENCE
|I. Position Information|
|Provision of secondary care in Baidoa for returnees and other patients referred by IOM|
|Location||Baidoa Town, Somalia|
|Service contract start date:||Soonest possible date|
|Daily coordination with||Clinical Team Leader for Returnee Care / IOM Programme Officer|
|Overall Supervision by||IOM MHD Program Manager / MPA Program Manager|
|I. Organizational context and Scope|
Established in 1951 and with currently 172 Member States IOM is since 2016 the UN migration agency. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide direct assistance to migrants in need of mental health and psych-social support
The International Organization for Migration (IOM) office in Somalia was established and has been operating since 2006.
Somalia remains at the center of a multi-faceted and complex migration and mobility environment, characterized by internal and external displacement due to conflict and natural disasters, irregular economic migration, and returns. Somalia’s porous borders, including one of the largest sea borders in Africa, represent a management challenge for recently federalized border authorities. Every year, the thousands of Somalis who make hazardous journeys along regional migration routes are exposed to severe protection risks.
While Somalia’s protracted crisis have forced many Somalis to migrate with over 871,000 in refugee situations outside the country’s borders, Somalia is increasingly experiencing returns owing to relative stability and security in parts of the country. Currently Somalia is a host to some 29,000 refugees and asylum seekers, primarily from Ethiopia and Yemen. Between 2015 and 2017, refugee returns increased significantly with inflows from Kenya and, to lesser extents, Yemen and Djibouti. Somalia has received more than 55,000 forced returns from the Kingdom of Saudi Arabia, over 40,000 individuals from Yemen since the onset of conflict in March 2015 and additional 74,000 from Kenya since 2014. Most of these new arrivals are settling in urban settings including the Southern Somalia region of Banadir, Kismaayo and Baidoa. Somaliland and Puntland regions also host returnees from Yemen. Returnees face challenges connected to livelihoods, housing and basic services.
While these return movements partly demonstrate growing signs of normalcy and resilience in Somalia, the influx of returnees and migrants is placing additional strain on already scarce resources and dire humanitarian situations in host communities. National and local public and private institutions are struggling to render the required opportunities/services due to a lack of resources, capacities and structures. Consequently, returning migrants face significant challenges in their efforts to re-establish themselves, economically socially and psychologically.
In the framework of its interventions IOM Somalia will therefore respond not only to the needs of the returnees and host communities (communities of return) but also to the capacity of government and other actors to provide services and assistance (such as psychosocial support) to returnees and host communities affected by the return of individuals and families.
In this context, IOM Somalia is implementing the EU funded project «EU-IOM Facility on Sustainable and Dignified Return and Reintegration in Support of the Khartoum Process » (the EU-Joint Initiative). The project will increase the capacities of partner countries and relevant stakeholders to develop or strengthen return and reintegration policies and processes; facilitate safe, humane and dignified assisted voluntary return processes among partner countries; and facilitate sustainable reintegration across three dimensions: successful economic reintegration and strengthened livelihoods, social reintegration and psycho-social reintegration.
The programme is part of the larger EU-IOM Joint Initiative for Migrant Protection and Reintegration which facilitates orderly, safe, regular and responsible migration management through the development of rights-based and development-focused policies and processes on protection and sustainable reintegration. The EU-IOM Joint Initiative, backed by the EU Trust Fund, covers and has been set up in close cooperation with a total of 26 African countries.
The overall objective of this project is to contribute to facilitating orderly, safe, regular and rights-based migration through the facilitation of dignified voluntary return and the implementation of development-focused and sustainable reintegration policies and processes.
IOM also has several other programs that occasionally require referral of patients requiring advanced secondary care in Mogadishu.
II. Service structure
In this context, IOM Somalia is looking for a referral hospital/service provider to adhere to the following service structure:
· 24 Hours emergency services managed by technically qualified staff
· In patient services with at least 50 bed capacity
· Well-equipped operating theatre with ICU and HDU units
· Emergency Ambulance services
· Imaging and in-house diagnostic facilities with laboratory and radiology units
· Specialists doctors/panel clinics including but not limited to:
o General Medicine
o General Surgery
o Obstetrics and Gynecology
· Rehabilitative and reconstructive healthcare services
III. Services required
|Detailed description of services provided:
a) Treatment of all referred patients by qualified and licensed medical professionals, with prior approval of IOM
b) Laboratory and radiological investigations/services as requested by the referring doctor
c) Surgical services by experienced surgeons/doctors, upon approval by IOM
d) Inpatient services
e) Medical reports – The report should be typewritten, in English, in narrative style, describing applicant’s medical history, present condition, diagnosis, recommendations for further management upon discharge
f) Supplies of prescribed medications
g) Provision of dietary services for patients admitted in the hospital
|IV. Expected results|
|Service provider will provide patients referred by IOM with high quality secondary healthcare services according to the needs identified by IOM Somalia’s clinical team. At the end of agreement, the service provider will prepare a written report in English. The report should contain a full overview of services provided through the agreement.
|V. Key competence|
|· Valid State registration certificate, and valid registration with local bodies
· Proof of compliance with all statutory requirements including clinical waste management and Infection Prevention Control.
· Expertise and experience providing the services listed in this ToR
· Prior experience receiving and managing referrals from international organizations would be an asset.
|IOM office-specific Ref. No.:|
|IOM Project Code:|
|LEG Approval Code / Checklist Code|
Between the International Organization for Migration
And [Name of the Service Provider]
[Type of Services]
This Service Agreement is entered into by the International Organization for Migration, Mission in [XXX], [Address of the Mission], represented by [Name, Title of Chief of Mission etc.], hereinafter referred to as “IOM,” and [Name of the Service Provider], [Address], represented by [Name, Title of the representative of the Service Provider], hereinafter referred to as the “Service Provider.” IOM and the Service Provider are also referred to individually as a “Party” and collectively as the “Parties.”
- Introduction and Integral Documents
- The Service Provider agrees to provide IOM with [insert brief description of services] in accordance with the terms and conditions of this Agreement and its Annexes, if any.
- The following documents form an integral part of this Agreement: [add or delete as required]
- Annex A – Bid/Quotation Form
- Annex B – Price Schedule
- Annex C – Delivery Schedule and Terms of Reference
- Annex D – Accepted Notice of Award (NOA)
- Services Supplied
2.1 The Service Provider agrees to provide to the IOM the following services (the “Services”):
[Outline services to be provided. Where relevant, include location and how frequently etc. services are to be provided. List all the deliverables and their date of submission, if applicable. Description needs to be as detailed as possible to provide for a reliable yardstick to measure compliance. It may be necessary to attach a description of the Services as an Annex.]
2.2 The Service Provider shall commence the provision of Services from [date] and fully and satisfactorily complete them by [date].
2.3 The Service Provider agrees to provide the Services required under this Agreement in strict accordance with the specifications of this Article and any attached Annexes.
- Charges and Payments
3.1 The all-inclusive Service fee for the Services under this Agreement shall be [currency code] [amount in numbers] ([amount in words]), which is the total charge to IOM.
3.2 The Service Provider shall invoice IOM upon completion of all the Services. The invoice shall include: [services provided, hourly rate, number of hours billed, any travel and out of pocket expenses, (add/delete as necessary)]
3.3 Payments shall become due [insert number of days in numbers] ([write figure in words]) days after IOM’s receipt and approval of the invoice. Payment shall be made in [Currency code] by [bank transfer] to the following bank account: [insert the Service Provider’s bank account details].
3.4 The Service Provider shall be responsible for the payment of all taxes, duties, levies and charges assessed on the Service Provider in connection with this Agreement.
3.5 IOM shall be entitled, without derogating from any other right it may have, to defer payment of part or all of the Service fee until the Service Provider has completed to the satisfaction of IOM the services to which those payments relate.
4.1 The Service Provider warrants that:
- It is a company financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to provide fully and satisfactorily, within the stipulated completion period, all the Services in accordance with this Agreement;
- It shall comply with all applicable laws, ordinances, rules and regulations when performing its obligations under this Agreement;
- In all circumstances it shall act in the best interests of IOM;
- No official of IOM or any third party has received from, will be offered by, or will receive from the Service Provider any direct or indirect benefit arising from the Agreement or award thereof;
- It has not misrepresented or concealed any material facts in the procurement of this Agreement;
- The Service Provider, its staff or shareholders have not previously been declared by IOM ineligible to be awarded agreements by IOM;
- It has or shall take out relevant insurance coverage for the period the Services are provided under this Agreement;
- It shall abide by the highest ethical standards in the performance of this Agreement, which includes not engaging in any discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child;
- The Price specified in Article 3.1 of this Agreement shall constitute the sole remuneration in connection with this Agreement. The Service Provider shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations thereunder. The Service Provider shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration.
- The Service Provider further warrants that it shall:
- Take all appropriate measures to prohibit and prevent actual, attempted and threatened sexual exploitation and abuse (SEA) by its employees or any other persons engaged and controlled by it to perform activities under this Agreement ( “other personnel”). For the purpose of this Agreement, SEA shall include:
- Exchanging any money, goods, services, preferential treatment, job opportunities or other advantages for sexual favours or activities, including humiliating or degrading treatment of a sexual nature; abusing a position of vulnerability, differential power or trust for sexual purposes, and physical intrusion of a sexual nature whether by force or under unequal or coercive conditions.
- Engaging in sexual activity with a person under the age of 18 (“child”), except if the child is legally married to the concerned employee or other personnel and is over the age of majority or consent both in the child’s country of citizenship and in the country of citizenship of the concerned employee or other personnel.
- Strongly discourage its employees or other personnel having sexual relationships with IOM beneficiaries.
- Report timely to IOM any allegations or suspicions of SEA, and investigate and take appropriate corrective measures, including imposing disciplinary measures on the person who has committed SEA.
- Ensure that the SEA provisions are included in all subcontracts.
- Adhere to above commitments at all times. Failure to comply with (a)-(d) shall constitute grounds for immediate termination of this Agreement.
4.3 The above warranties shall survive the expiration or termination of this Agreement.
- Assignment and Subcontracting
5.1 The Service Provider shall not assign or subcontract the activities under this Agreement in part or all, unless agreed upon in writing in advance by IOM. Any subcontract entered into by the Service Provider without approval in writing by IOM may be cause for termination of the Agreement.
5.2 In certain exceptional circumstances by prior written approval of IOM, specific jobs and portions of the Services may be assigned to a subcontractor. Notwithstanding the said written approval, the Service Provider shall not be relieved of any liability or obligation under this Agreement nor shall it create any contractual relation between the subcontractor and IOM. The Service Provider remains bound and liable thereunder and it shall be directly responsible to IOM for any faulty performance under the subcontract. The subcontractor shall have no cause of action against IOM for any breach of the subcontract.
6.1 If, for any reason, the Service Provider does not carry out or is not able to carry out its obligations under this Agreement and/or according to the project document, it must give notice and full particulars in writing to IOM as soon as possible. In the case of delay or non-performance, IOM reserves the right to take such action as in its sole discretion is considered to be appropriate or necessary in the circumstances, including imposing penalties for delay or terminating this Agreement.
6.2 Neither Party will be liable for any delay in performing or failure to perform any of its obligations under this Agreement if such delay or failure is caused by force majeure, such as civil disorder, military action, natural disaster and other circumstances which are beyond the control of the Party in question. In such event, the Party will give immediate notice in writing to the other Party of the existence of such cause or event and of the likelihood of delay.
- Independent Contractor
The Service Provider shall perform all Services under this Agreement as an independent contractor and not as an employee, partner, or agent of IOM.
The Service Provider agrees to maintain financial records, supporting documents, statistical records and all other records relevant to the Services in accordance with generally accepted accounting principles to sufficiently substantiate all direct and indirect costs of whatever nature involving transactions related to the provision of Services under this Agreement. The Service Provider shall make all such records available to IOM or IOM’s designated representative at all reasonable times until the expiration of 7 (seven) years from the date of final payment, for inspection, audit, or reproduction. On request, employees of the Service Provider shall be available for interview.
All information which comes into the Service Provider’s possession or knowledge in connection with this Agreement is to be treated as strictly confidential. The Service Provider shall not communicate such information to any third party without the prior written approval of IOM. The Service Provider shall comply with IOM Data Protection Principles in the event that it collects, receives, uses, transfers or stores any personal data in the performance of this Agreement. These obligations shall survive the expiration or termination of this Agreement.
- Intellectual Property
All intellectual property and other proprietary rights including, but not limited to, patents, copyrights, trademarks, and ownership of data resulting from the performance of the Services shall be vested in IOM, including, without any limitation, the rights to use, reproduce, adapt, publish and distribute any item or part thereof.
Any notice given pursuant to this Agreement will be sufficiently given if it is in writing and received by the other Party at the following address:
International Organization for Migration (IOM)
Attn: [Name of IOM contact person]
Email: [IOM’s email address]
[Full name of the Service Provider]
Attn: [Name of the Service Provider‘s contact person]
[Service Provider‘s address]
Email: [Service Provider‘s email address]
- Dispute resolution
12.1. Any dispute, controversy or claim arising out of or in relation to this Agreement, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.
12.2. In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.
12.3. In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.
12.4. The present Agreement as well as the arbitration agreement above shall be governed by internationally accepted general principles of law and by the terms of the present Agreement, to the exclusion of any single national system of law that would defer the Agreement to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present Agreement.
- Use of IOM Name
The official logo and name of IOM may only be used by the Service Provider in connection with the Services and with the prior written approval of IOM.
- Status of IOM
Nothing in this Agreement affects the privileges and immunities enjoyed by IOM as an intergovernmental organization.
- Guarantee and Indemnities
15.1 The Service Provider shall guarantee any work performed under this Agreement for a period of 12 (twelve) months after final payment by IOM under this Agreement.
15.2 The Service Provider shall at all times defend, indemnify, and hold harmless IOM, its officers, employees, and agents from and against all losses, costs, damages and expenses (including legal fees and costs), claims, suits, proceedings, demands and liabilities of any kind or nature to the extent arising out of or resulting from acts or omissions of the Service Provider or its employees, officers, agents or subcontractors, in the performance of this Agreement. IOM shall promptly notify the Service Provider of any written claim, loss, or demand for which the Service Provider is responsible under this clause. This indemnity shall survive the expiration or termination of this Agreement.
Failure by either Party to insist in any one or more instances on a strict performance of any of the provisions of this Agreement shall not constitute a waiver or relinquishment of the right to enforce the provisions of this Agreement in future instances, but this right shall continue and remain in full force and effect.
17.1 IOM may terminate this Agreement at any time, in whole or in part.
17.2 In the event of termination of this Agreement, IOM will only pay for the Services completed in accordance with this Agreement unless otherwise agreed. Other amounts paid in advance will be returned to IOM within 7 (seven) days from the date of termination.
17.3 Upon any such termination, the Service Provider shall waive any claims for damages including loss of anticipated profits on account thereof.
If any part of this Agreement is found to be invalid or unenforceable, that part will be severed from this Agreement and the remainder of the Agreement shall remain in full force.
This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements and understandings, if any, relating to the subject matter of this Agreement.
- Special Provisions (Optional)
Due to the requirements of the Donor financing the Project, the Implementing Partner shall agree and accept the following provisions:
[Insert all donor requirements which must be flown down to IOM’s implementing partners and subcontractors. In case of any doubt, please contact LEGContracts@iom.int]
- Final clauses
21.1 This Agreement will enter into force upon signature by both Parties. It will remain in force until completion of all obligations of the Parties under this Agreement unless terminated earlier in accordance with Article 17.
21.2 Amendments may be made by mutual agreement in writing between the Parties
Signed in duplicate in English, on the dates and at the places indicated below.
|For and on behalf of
The International Organization
|For and on behalf of
[Full name of the Service Provider]
 This clause shall be included/revised as deemed necessary
 This clause shall be included/revised as deemed necessary
 For this purpose, the Mission may have the option to require short-listed Consultants a bid security.
 The criteria, sub criteria and point system may vary depending on the requirement of the Mission
 May vary depending on the requirement of the Mission; normally, weight assigned to Technical is .80 and .20
for the Financial.