Technical audit for the Congolese National Navy (N° EPF-2024-118_AO1)

Courtesy translation version, only the French version is authentic

PROJECT DESCRIPTION

1. Description of the contract

DCI, an implementing actor of the European Union, has been designated by the EU Council (Council Decision 2024/1980) to implement an assistance measure for the benefit of the Beninese Armed Forces under the European Peace Facility.

Within this framework, the purpose of this contract is a technical audit service (ship-check) for two patrol boats of the Congolese National Navy.

2. Number and titles of lots

The contract consists of a single lot: a technical audit service (ship-check) for two patrol boats of the Congolese National Navy.

CONDITIONS OF PARTICIPATION

3. Eligibility and rule of origin

Legal entities may not take part in competitive tendering, nor be awarded a contract , if they:

• a) Are bankrupt or being wound up, are having their affairs administered by the courts, have ceased trading, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
• b) Are the subject of a declaration of bankruptcy, liquidation, judicial settlement or any other similar procedure provided for in national legislation or regulations;
• c) Have been convicted for an offence involving their professional conduct by a judgment which has the force of res judicata (i.e. against which no further appeal is possible);
• d) In professional matters, have committed serious misconduct;
• e) Have not fulfilled their obligations to pay social security contributions in accordance with the legal provisions of the country in which they are established;
• f) Have not fulfilled their tax payment obligations in accordance with the legal provisions of the country in which they are established;
• g) Are guilty of gross misrepresentation in providing information required by DCI for participation in a contract;
• h) Act as front companies for the purpose of concealing financial transactions and/or laundering the money of one or more other companies.
• i) In the context of another contract with DCI, have been declared in serious default of performance due to failure to meet their contractual obligations;
• j) It has been established by a final judgment that the company is guilty of any of the following:
  i.fraud, as defined in Article 3 of Directive (EU) 2017/1371 ;
  ii.corruption, as defined in Article 4(2) of Directive (EU) 2071/1371 ;
  iii.conduct linked to a criminal organization as referred to in Article 2 of Framework Decision 2008/841/JHA of the Council of the European Union;
  iv.money laundering or terrorist financing within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 of the European Parliament and of the Council ;
  v.terrorist offence or offence connected with terrorist activities, as defined respectively in Article 1 and Article 3 of Council Framework Decision 2002/475/JHA, or incitement to commit an offence, complicity or attempt to commit an offence as referred to in Article 4 of the said Decision;
  vi.Child labor or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council.

• k) Who have been convicted of one of the offences listed in articles 222-34 to 222-40,225-4-1,225-4-7,313-1,313-3,314-1,324-1,324-5,324-6,421-1 to 421-2-4,421-5,432-10,432-11,432-12 to 432-16,433-1,433-2,434-9,434-9-1,435-3,435-4,435-9,435-10, 441-1 to 441-7,441-9,445-1 to 445-2-1 or 450-1 of the French Criminal Code, articles 1741 to 1743,1746 or 1747 of the French General Tax Code, or for receiving such offences, as well as for equivalent offences under the legislation of another European Union member state. The final conviction for one of these offences or for concealment of one of these offences of a member of the management, administrative, executive or supervisory body or of a natural person who holds a power of representation, decision or control of a legal entity entails the exclusion of this legal entity from the award procedure, for as long as this natural person exercises these functions.
• l) Persons who have not made the required tax or social security declarations, or who have not paid the taxes, levies, contributions or social security contributions due in the country concerned, are excluded from the award procedure.
• m) Who have been sanctioned for failure to comply with the obligations set out in articles L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L. 8251-2 of the French Labor Code, or who have been convicted under article L. 1146-1 of the same code or article 225-1 of the French Penal Code;.

Point a. does not apply in the case of the purchase of supplies on particularly advantageous terms, either from a supplier definitively ceasing trading, or from the liquidators of insolvency proceedings, through an arrangement with creditors, or under a similar procedure provided for by national law.

DCI excludes the company:

• Where a legal person who is a member of the administrative, management or supervisory body of the said enterprise or who has powers of representation, decision-making or control in respect of the said enterprise is in one of the situations referred to in points c) to i);
• Where a legal entity which is indefinitely liable for the debts of the said company is in one of the situations referred to in a) or b) ;
• When a legal entity that is essential to the award or execution of the legal commitment is in one of the situations referred to in points c) to i).

The candidate/tenderer must sign a declaration on their honour that they are not in one of the above categories.
Tenderers established in countries under European Union sanction are also excluded.

4. Admissibility situations

To be considered valid, bids must be completed as requested in the consultation regulations.

5. Subcontracting possiblities

Subcontracting is permitted, provided each subcontractor is approved by DCI as detailed in the consultation regulations.

6. Bids’ validity

Bids must remain valid for a period of ninety (90) days from the submission deadline.

7. Planned start date of contract

Estimated start of execution: June 2025.

8. Task implementation period

The contract will be implemented upon notification and will conclude no later than 10/10/2025.

SELECTION AND AWARD CRITERIA

9. Selection criteria

Candidates will be selected based on their professional, technical, and financial capacities to a technical audit service (ship-check) for two patrol boats of the Congolese National Navy.

10. Award criteria

The award criteria are detailed in the consultation regulations.

Once DCI has selected the best bid, it will notify the bidders of the result:

• The runner-up bidder will be designated as a backup in case the selected bidder withdraws or fails to finalize the contract;
• Non-selected bidders will be notified of their rejection.

SUBMIT AN OFFER

11.How to obtain the tender documents?

The contractor must send a signed confidentiality agreement to the following email address: service.achats@groupedci.com.

Access to the consultation documentation is subject to the receipt of this signed confidentiality agreement.

The call for tenders will be accessible from March 21^st, 2025, via an online tool once the confidentiality agreement is received by DCI. Any questions regarding the tender must be submitted via the online platform no later than April 02, 2025 at 12:00 PM. DCI will respond by April 09, 2025.

DCI may modify the schedule if necessary and will notify candidates via the online platform.

12. Deadline for submission of offers

The deadline for bid submission is April 18, 2025, at 12:00 PM (Paris time).

Any bid received after this deadline will not be considered.