|Tender Details :||Tenders are invited for Consultancy services to Supervise Works at Kifura in Kibondo District.
Tender Specifications TAN 145
Services procurement contract for
â€žConsultancy services to Supervise Works at Kifura in Kibondo District?.
Navision code: 140 32 11
Negotiated procedure without previous publication
1 General provisions
1.1 Derogations from the General Implementing Rules
Chapter â€žSpecific contractual and administrative conditions- of these Tender Specifications (CSC/Cahier SpĂ©cial des Charges) holds the specific administrative and contractual provisions that apply to this public procurement contract as a derogation of the Royal Decree of 14.01.2013 or as a complement or an elaboration thereof.
These tender documents derogate Art. 26 of the General Implementing Rules (see point â€śPerformance bond (Art. 25-33)â€ť. This deviation is founded on the idea of providing possible local tenderers with an opportunity to submit a tender.
1.2 Contracting authority
The contracting authority of this public procurement contract is Enabel, the Belgian development agency, public-law company with social purposes, with its registered office at Rue Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR Brussels). Enabel has the exclusive competence for the execution, in Belgium and abroad, of public service tasks of direct bilateral cooperation with the partner countries. Moreover, it may also perform other development cooperation tasks at the request of public interest organisations, and it can develop its own activities to contribute towards realisation of its objectives. For this procurement contract, Enabel is represented by Koen GOIKINT, Representative Resident in Tanzania.
1.3 Institutional setting of Enabel
The general framework of reference in which Enabel operates is:
- The Belgian Law on Development Cooperation of 19 March 20131;
- The Belgian Law of 21 December 1998 establishing the Belgian Technical Cooperation as a public-law company2;
- The Belgian Law of 23 November 2017 changing the name of the Belgian Technical Cooperation and defining the missions and functioning of Enabel, the Belgian development agency, published in the Belgian Official Gazette on 11 December 2017.
The following initiatives are also guiding Enabel in its operations: We mention as main examples:
? In the field of international cooperation: The United Nations Sustainable Development Goals and the Paris Declaration on the harmonisation and alignment of aid;
? In the field of the fight against corruption: The Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 20033, as well as the Law of 10 February 1999 on the Suppression of Corruption transposing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;
? In the field of Human Rights: the United Nations? Universal Declaration of Human Rights (1948) as well as the 8 basic conventions of the International Labour Organisation4 on Freedom of Association (C. nÂ°87), on the Right to Organise and Collective Bargaining (C. nÂ°98), on Forced Labour (C. nÂ°29 and 105), on Equal Remuneration and on Discrimination in Respect of Employment (C. nÂ°100 and 111), on Minimum Age for Admission to Employment (C. nÂ°138), on
the Prohibition of the Worst Forms of Child Labour (C. nÂ°182);
? In the field of environmental protection: The Climate Change Framework Convention in Paris,
12 December 2015;
? The first Management Contract concluded between Enabel and the Belgian federal State
(approved by the Royal Decree of 17.12.2017, Belgian Official Gazette 22.12.2017) that sets out
the rules and the special conditions for the execution of public service tasks by Enabel on behalf
of the Belgian State.
1.4 Rules governing the procurement contract
This public contract shall be governed by the Belgian law, among others:
? The Law of 17 June 2016 on public procurement contracts5;
? The Law of 17 June 2013 on justifications, notification and legal remedies for public procurement
contracts and certain procurement contracts for works, supplies and services6;
? The Royal Decree of 18 April 2017 on the award of public procurement contracts in the classic
? Royal Decree of 14 January 2013 establishing the General Implementing Rules for public
procurement contracts and for concessions for public works8;
? Circulars of the Prime Minister with regards to public procurement contracts.
? All Belgian regulations on public procurement contracts can be consulted on
The following also apply to this contract:
? The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data and on the free
movement of such data (General Data Protection Regulation - â€žGDPR?), and repealing Directive
? The Law of 3 December 2017 establishing the Data Protection Authority;
? The Law of 30 July 2018 on the protection of natural persons with regard to the processing of
? The Law of 12 January 2007 aiming at monitoring the application of the resolutions from the world
conference on women held in Beijing in September 1995 and at integrating the gender perspective
into the whole of the federal policies.
The following definitions apply to this procurement contract:
The tenderer: An economic operator submitting a tender;
The contractor/ service provider: The tenderer to whom the procurement contract is awarded;
The contracting authority: Enabel, represented by the Resident Representative of Enabel in Tanzania;
The tender: Commitment of the tenderer to perform the procurement contract under the conditions that he
Belgian Official Gazette 14 July 2016.
Belgian Official Gazette of 21 June 2013.
Belgian Official Gazette 9 May 2017.
Belgian Official Gazette 27 June 2017.
Days: In the absence of any indication in this regard in the Tender Specifications and the applicable
regulations, all days should be interpreted as calendar days;
Procurement documents: Tender Specifications including the annexes and the documents they refer to;
Technical specifications: A specification in a document defining the characteristics of a product or a
service, such as the quality levels, the environmental and climate performance levels, the design for all
needs, including accessibility for people with disabilities, and the evaluation of conformity, of product
performance, of the use of the product, safety or dimensions, as well as requirements applicable to the
product as regards the name by which it is sold, terminology, symbols, testing and test methods,
packaging, marking or labelling, instructions for use, the production processes and methods at every stage
in the life cycle of the supply or service, as well as the evaluation and conformity procedures;
Variant: An alternative method for the design or the performance that is introduced either at the demand
of the contracting authority, or at the initiative of the tenderer;
Option: A minor and not strictly necessary element for the performance of the procurement contract,
which is introduced either at the demand of the contracting authority, or at the initiative of the tenderer;
Inventory: The procurement document which splits up the performance in different items and specifies the
quantity or the method to determine the price for each of them;
General Implementing Rules (GIR): Rules laid down in the Royal Decree of 14.01.2013 establishing the
General Implementing Rules for public procurement contracts and for concessions for public works;
The Tender Specifications (Cahier spĂ©cial des charges/CSC): This document and its annexes and the
documents it refers to;
Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as an inducement or
reward for performing or refraining from any act relating to the award of a procurement contract or
performance of a procurement contract already concluded with the contracting authority;
Litigation: Court action.
The tenderer or contractor and Enabel are bound to secrecy vis-Ă -vis third parties with regards to any
confidential information obtained within the framework of this procurement contract and will only divulge
such information to third parties after receiving the prior written consent of the other party.
They will disclose this confidential information only among appointed parties involved in the assignment.
They guarantee that said appointed parties will be adequately informed of their obligations in respect of the
confidential nature of the information and that they shall comply therewith.
Privacy notice of Enabel: Enabel takes your privacy serious. We undertake to protect and process your
personal data with due care, transparently and in strict compliance with privacy protection legislation.
See also: https://www.enabel.be/content/privacy-notice-enabel
1.6.1 Deontological obligations
Any failure to comply with one or more of the deontological clauses may lead to the exclusion of the
candidate, tenderer or contractor from other public procurement contracts for Enabel.
For the duration of the procurement contract, the contractor and his staff respect human rights and undertake
not to go against political, cultural or religious customs of the beneficiary country. The tenderer or contractor
is bound to respect fundamental labour standards, which are internationally agreed upon by the International
Labour Organisation (ILO), namely the conventions on union freedom and collective bargaining, on the
elimination of forced and obligatory labour, on the elimination of employment and professional discrimination
and on the abolition of child labour.