Acquisition of 7.62 X 39 mm ammunition (277.300)

1. PRESENTATION OF DÉFENSE CONSEIL INTERNATIONAL

As the French Ministry of Defence’s benchmark operator for the transfer of French military know-how abroad to the armed forces of countries that are friends of France, DCI has been active across the entire defence and security spectrum for over 50 years.
DCI has been awarded the “Formation armées françaises” (French Armed Forces Training) label and offers customised consulting, training and assistance services.
DCI is headquartered in Paris and has several sites throughout France. It also operates abroad, including in the Middle East with Qatar, Kuwait, the UAE and Saudi Arabia, and in Asia, in Malaysia, Singapore and India. DCI is continuing to expand internationally, offering innovative, high added-value services and developing new partnerships.
For further information, visit www.groupedci.com.

2. PROJECT BACKGROUND

Somalia has been plagued by armed conflict and recurrent humanitarian disasters, which have displaced millions and killed hundreds of thousands. Continued instability has resulted in a long-lasting humanitarian crisis and left the region at risk of becoming a stronghold for terrorism and transnational criminal networks. The project is aimed at implementing an assistance measure under the European Peace Facility to support the Somali National Army with military equipment designed to deliver lethal force, adopted by Council Decision (CFSP) 2023/2680 of 27 November 2023.
The objective of the assistance measure is to support the capacity building of the Somali National Army (SNA) to be trained at the General Dhagabadan Training Centre, with a view to restoring safety and security in the country, and to protecting the civilian population.

3. PROJECT DESCRIPTION

3.1. Description of the contract
The proposed acquisition is carried out through an international tender, in which your company is cordially invited to participate as a potential supplier (“Tenderer/Bidder”).
The purpose of this project is to acquire 7.62×39 mm ammunition with steel core that will be used in training by the Somali National Army (“The User”).
The ammunition will be delivered in two batches:
– First batch in December 2024 (objective date);
– Second batch in 2025 (most likely in September, to be confirmed).
Please note that a single delivery is not possible.
The precise quantity of purchased ammunition will be determined upon selection of the provider at the end of the tender process. The estimated total quantity is between 500,000 and 1,000,000 ammunition.
The ammunition must be delivered by air to Somalia.
The deliveries will need to comply with Incoterms DDP (Delivered Duty Paid) at Mogadishu airport, or (as an option to be quoted) with Incoterms DDP at the General Dhagabadan Training Centre (GDTC) located at a distance of 6 km from Mogadishu airport.
The itinerary of the ground transit from Mogadishu airport to the GDTC should be the following:
– Distance inside the Green Zone: 4 km
– Distance outside the Green Zone (beyond Jazeera gate): 2 km

3.2. Number and titles of lots
One single lot.

3.3. Provisional timetable
Stage 1: Request for Quotation publication: 23 July 2024
Stage 2: Question and Answer session: 23 July – 12 September 2024
Stage 3: Deadline for receipt of tenders: 16 September 2024 13:00 Paris time
Stage 4: Choice of service provider: September 2024
Stage 5: Start of the project: September 2024
Stage 6: First delivery: 16 December 2024 (objective)
Stage 7: Second delivery: September 2025 (provisional)
The first delivery date of the ammunition (Stage 6) is indicative and should be considered as a highly desired goal. The project schedule on which the Tenderers are ready to commit once the contract is awarded is to be proposed by the Tenderers in their response to this request for quotation.
DCI may have to modify the above schedule and if so will notify the Tenderers in writing.

CONDITIONS OF PARTICIPATION

4. Eligibility and rule of origin

4.1 Under EU rules of nationality, this call for tenders is exclusively open to legal entities from the following countries/organizations: EU Member states, international organizations, Albania, Bosnia and Herzegovina, Georgia, Iceland, Kosovo, Liechtenstein, Moldova, Montenegro, North Macedonia, Norway, Serbia and Ukraine.

4.2 Legal entities are not allowed to participate in the competitive bidding process or be awarded a contract if they:

• a) Are in a state of bankruptcy, liquidation, judicial settlement, cessation of activity, or in any similar situation resulting from a procedure of the same nature existing in national laws and regulations;
• b) Are the subject of a procedure of declaration of bankruptcy, liquidation, legal settlement or any other procedure of the same nature existing in national laws and regulations;
• c) Have been convicted by a judgment that has the force of res judicata (that is to say, against which there is no longer any possible appeal) for any offense involving their professional conduct;
• d) In professional matters, have committed serious misconduct;
• e) Have not fulfilled their obligations regarding the payment of social security contributions according to the legal provisions of the country where they are established;
• f) Have not fulfilled their obligations regarding the payment of their taxes and duties according to the legal provisions of the country where they are established;
• g) Are seriously guilty of misrepresentation in providing the information required by DCI for their participation in a contract;
• h) Act as front companies created to conceal financial transactions and/or launder money from one or more other companies
• i) Under another contract with DCI, were declared in serious breach of performance due to non-compliance with their contractual obligations;
• j) Are guilty of one of the following facts:
  i.fraud, as defined in the Article 3 of Directive (EU) 2017/1371;
  ii.corruption, as defined in Article 4(2) of Directive (EU) 2071/1371;
  iii.behavior linked to a criminal organization referred to in Article 2 of the Framework Decision 2008/841/JHA of the Council;
  iv.money laundering or terrorist financing within the meaning of Article 1, paragraphs 3, 4 and 5 of Directive (EU) 2015/849 of the European Parliament and of the Council;
  v.terrorist offense or offense related to 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 infringement 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.

5. Export license
The Tenderer is required to have an export license granted by its national authorities so that the ammunition can be delivered to Somalia. The export licensing process and the related schedule must be detailed by the Tenderer in its response to this request for quotation.

6. PROJECT PLANNING AND CONTRACTUAL ASPECTS

6.1 Confidentiality clause
The information provided by DCI in the context of this procedure is confidential and solely intended for the preparation of a bid by the candidates. DCI and the bidder undertake to keep strictly confidential any information or document concerning the other party of any nature whatsoever of which they may have become aware within the framework of the present consultation. The parties will take the necessary measures to ensure that their staff respect the confidentiality of any documents and information communicated within the project. The bidder is not permitted to make any personal or commercial use of the basic data or files of which they may have become aware without DCI’s express authorization.
Note: The confidentiality undertaking (NDA document 227.343) must be returned to DCI signed by e-mail (certified electronic signature certificate or scan copy of the original) and/or by post (original to be sent) in order to allow bidders to access details of the tender process and the complete response file. Once the NDA signed, please return it to DCI’s contacts indicated in Clause 5.7 to enable you to access documents 227.302, 227.303 and 227.304.

6.2 Terms and Conditions of Purchase
DCI does not agree to contribute to the costs of proposing and responding to this tender and reserves the right to discontinue this tender process at any time without liability for compensation and without any obligation to place an order or enter into a contract.
Prices are quoted and paid in Euros.
The DCI Terms and Conditions of Purchase apply to the contractual relationship between DCI and its suppliers. By submitting its bid, the tenderer accepts the General Terms and Conditions and Special Terms and Conditions of Purchase attached to the draft contract (Document 227.304) as the sole basis for this call for tenders procedure, regardless of its own terms and conditions of sale, which it declares to have waives. Any comments and/or reservations relating to the application of the General Terms and Conditions and Special Terms and Conditions must be made in full in writing no later than the deadline for receipt of responses to this call for tenders insofar as acceptance of these General Terms and Conditions and Special Terms and Conditions of Purchase by the candidate supplier constitutes one of the decisive criteria for selection of the candidate by DCI. In the absence of any such comments or reservations, the supplier declares that it unconditionally accepts the General Terms and Conditions and Special Terms and Conditions attached to the draft contract (Document 227.304) and undertakes to comply with them for provision of the service subject of this call for tenders.
In the event of any contradiction or difference between the contractual documents, the aforementioned General Terms and Conditions and Special Terms and Conditions will prevail, except in the event of their being any regulatory or legislative provisions to the contrary.
Document 227.304 must be dated and signed with the name and position of the signatory with authority to bind the company, and the company stamp.

6.3 Submission of bid
The response must be submitted in electronic format via the Kiteworks /Accellion platform of DCI (access to the platform will be made available to the bidder when the NDA is sent) to the persons identified in Clause 6.8 below. The offer must include the following:
o A general presentation of the bidder,
o A description of the organization for the product warranty in accordance with the general conditions of the supply contract;
o Customer references for services carried out on the same type of project,
o A commercial proposal, a provisional timetable and the proposed methodology;
o The BPU (price & schedule), completed and signed;
o The certificate of vigilance issued by the relevant collection agency, which states in particular that your company is up to date with all social obligations;
o Certificate of non-admission to receivership proceedings;
o The professional liability insurance certificate;
o The completed and signed supplier due diligence questionnaire with the requested documents attached;
o Confirmation of no presence on EU sanctions list;
o A supplier declaration that the products and services offered in the bid are not under the ITAR regime;
o A supplier declaration that the products offered in the bid fully comply with the requirements of article 3 of the Instruction for bidders (Document 227.300)
o A document detailing the export licensing process and the related schedule:
o Acceptance of the draft contract (Document 227.304) including any reservations in accordance.
To be admissible, initial bids must be:
o Full and must be drawn up as requested in these specifications and the technical specifications, including all documents requested as above, and with the signed NDA;
o Dated and signed with the name and position of the signatory with authority to bind the company, and the company stamp.
Moreover, initial bids that cannot commit to the delivery of the total amount of ammunition by 1 May 2026 shall be ruled as not admissible.
Special case: The tenderer may only use subcontractors or partners to carry out this project if they are identified when responding to this call for tenders and then approved by DCI. Sub-contractors must meet the same eligibility criteria as the candidate. In particular, subcontractors must not be subject to any restrictions in relation to the EU sanctions list.

6.4. Selection criteria
The selection of the supplier will be based on the following criteria:

6.5. Award criteria
The contract will be awarded to the administratively and technically compliant offer that has the highest number of rating points.

6.6 Tender review
DCI opens the initial bids submitted by tenderers and rates them on the basis of the weighted criteria set out in article 6.4 and detailed in document 227.305 (evaluation grid), for bids which comply with the admissibility requirements set out in article 6.3.
Tenderers are notified that their bids have been eliminated as inadmissible, informing them that they have 15 working days to file a claim with DCI.
The contract will be awarded to the bid that has the highest number of rating points.
In case two or more bidders have the same highest number of rating points, DCI shall request those bidders to provide their best and final offer (BAFO). The best and final offers shall follow the same rating procedure as for the initial bid. Should the BAFO evaluation still result in equal rating points, the contract will be awarded to the bidder that, by order of priority:
– offers the highest quantity of ammunition;
– can deliver at the GDTC compound;
– has the lowest committed maximum delivery time upon DCI delivery request.

6.7 Information of the result
DCI informs bidders of the outcome of the tender, indicating to the bidder with the 2nd highest score that it is the reserve bidder in the event of the successful bidder’s withdrawal or failure to finalize the contract.
DCI notifies unsuccessful bidders that their bids have been rejected and that they have 15 working days to lodge a complaint with DCI.

6.8 Request for information and contacts
Any question concerning this call for tenders must be submitted in writing to: Mr. Quang VU (dang-quang.vu@groupedci.com) at least four (4) days before the deadline for submission of tenders appearing in point 3.3. Clarifications or minor changes to the tender documentation are published
no later than two (2) days before the deadline for submission of tenders on the Kiteworks secure platform.
Queries related to commercial aspects of the project can be directly submitted to: Ms. Myriam TOUMI (myriam.toumi@groupedci.com).
Nota bene: In order to be able to respond effectively to any queries you may have, please send your messages to all contacts listed above. DCI will forward to all tenderers any questions/answers likely to contribute to the proper conduct of the call for tenders. In the interests of fairness, DCI will reply to all tenderers by publication on the Kiteworks secure platform.
Please note: Proposals must not be sent directly (i.e. personally) to the technical contact by any means whatsoever (telephone, e-mail, post, etc.), otherwise they will be excluded from the call for tenders. The response to this call for tenders must be sent via the Kiteworks/Accellion platform.

6.9. Language of proceedings
All written communications related to this call for tenders must be made in the French or the English language.