TENDER FILE / TERMS OF REFERENCE

(Restricted consultation procedure / Framework Contract)

Purchase of Intellectual services for implementation of the project “Reinforcing the Fight against Violence against Women and Domestic Violence in Kosovo* - Phase II”, Contract N° BH8599/04

The Council of Europe is currently implementing a Project on “Reinforcing the Fight against Violence against Women and Domestic Violence in Kosovo* - Phase II”. The Project will end on 30 March 2021. In that context, it is looking for Provider(s) (local consultants) for the provision of intellectual services to be requested by the Council on an as-needed basis.

A.     TENDER RULES

This tender procedure is a restricted consultation procedure. In accordance with Rule 1395 of the Secretary General of the Council of Europe on the procurement procedures of the Council of Europe[1], the Organisation shall invite to tender at least three potential providers for any purchase between €2,000 (or €5,000 for intellectual services) and €55,000 tax exclusive.

This specific tender procedure aims at concluding a framework contract for the provision of deliverables described in the Act of Engagement (See attached). A tender is considered valid for 120 calendar days as from the closing date for submission. The selection of tenderers will be made in the light of the criteria indicated below. All tenderers will be informed in writing of the outcome of the procedure.

The tenderer must be either a natural person, a self-employed sole trader, or a duly registered limited or unlimited liability company with a single employee/director.

Tenders shall be submitted by email only (with attachments) to the email address indicated in the table below, with the following reference in subject: Restricted Consultation_ Preventing and Combating VAW/DV_Local_Consultants. Tenders addressed to another email address will be rejected.

The general information and contact details for this procedure are indicated on this page. You are invited to use the CoE Contact details indicated below for any question you may have. All questions shall be submitted at least 5 (five) working days before the deadline for submission of the tenders and shall be exclusively addressed to the email address indicated below with the following reference in subject: Questions_Restricted consultation_ Preventing and Combating VAW/DV_Local_Consultants

Type of contract ►	Framework contract
Duration ►	Until 30 March 2021
Deadline for submission of tenders/offers ►	15 July 2019
Email for submission of tenders/offers ►	[email protected]
Email for questions ►	[email protected]
Expected starting date of execution ►	20 July 2019

B.  EXPECTED DELIVERABLES

Background of the Project

The consultancy services are to be delivered in the framework of the Project “Reinforcing the Fight against Violence against Women and Domestic Violence in Kosovo* - Phase II”. The project is built on the findings and recommendations of the research “Mapping of Services for victims of violence against women in Kosovo*” developed in the framework of the first phase of the project implemented in 2017.

The project aims at strengthening Kosovo’s* institutional capacity to counter violence against women and domestic violence.

The project focuses on two of the pillars of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) namely, the prevention and protection pillars.

The duration of the project is 24 months (up to 30.03.2021).

The project aims:

-          To increase the knowledge of legal professionals in fostering reporting, support for victims during proceedings, compensation and accountability of perpetrators, through targeted trainings under the Council of Europe HELP programme, peer-to-peer exchanges and expert support to develop training curriculum for the Academy of Justice;

-          To strengthen capacities of relevant institutions to effectively provide support services to victims of violence against women and domestic violence and encourage the development of quality Guidelines for Shelters;

-          To explore the needs and quality standards of perpetrators programmes;

-          To raise awareness among relevant stakeholders on undertaking effective campaigns for combating violence against women and domestic violence through knowledge-based approach to Council of Europe Istanbul Convention standards and other relevant instruments in the area of violence against women and domestic violence.

Moreover, the key project partners are the National Coordinator against Domestic Violence, the Ministry of Labour and Social Welfare (MLSW), Kosovo* Academy of Justice and the Agency for Gender Equality. Additionally, the Council of Europe co-operates with different institutions, non-governmental organisations and international and donor organisations working in the field of combating violence against women and domestic violence.

Within the framework of the Project the below listed outputs are expected:

• HELP Programme is incorporated in Academy of Justice training programme.
• Supported Curricula Development and delivery of Training of Trainers (ToT) on violence against women and domestic violence in co-operation with the Academy of Justice.
• Needs assessment for developing guidelines on running gender sensitive campaigns on violence against women and domestic violence.
• Trainings and share of best practices conducted for institutions and women’s rights NGOs (peer-to-peer trainings, media workshop etc.).
• Quality guidelines for shelters work are developed.
• Staff of shelters and centres for social work trained to implement shelter guidelines.
• Research on perpetrators programmes.

The Council of Europe is looking for maximum of 13 Provider(s) for LOT 1–4 (provided enough tenders meet the criteria indicated below) in order to support the implementation of the project with a particular expertise on preventing and combating violence against women and domestic violence in Kosovo*.

This Contract is currently estimated to cover approximately 15 activities, to be held by January 2021. This estimate is for information only and shall not constitute any sort of contractual commitment on the part of the Council of Europe. The Contract may potentially represent a higher or lower number of activities, depending on the evolving needs of the Organisation.

For information purposes only, the total budget of the project amounts to 400 000 Euros and the total amount of the object of present tender shall not exceed 55,000 Euros tax exclusive for the whole duration of the Framework Contract. This information does not constitute any sort of contractual commitment or obligation on the part of the Council of Europe.

LOTs

The present tendering procedure aims to select Provider(s) to support the implementation of the project and is divided into the following lots:

Lots	Maximum number of Providers to be selected
Lot 1: Capacity building/training development and delivery	3
Lot 2: Needs assessment/capacity building on Awareness Raising- Campaigning  on VAW/DV	4
Lot 3: Needs assessment/development of shelter guidelines/training	3
Lot 4: Research on perpetrator programmes	3

Lot 1 concerns the work with the Kosovo’s* Academy of Justice.

The listed activities should be carried out by the selected national consultant together with an international consultant(s) and in co-operation with the Council of Europe project team in order to support the Academy of Justice:

§  Align the Human Rights Education for Legal Professionals (HELP) online course on violence against women with the national legislation and practice. 

§  Undertake the translation and proofreading as necessary of the HELP online course in Albanian and Serbian languages.

§  Participate in the launch and other events linked to the HELP online course on violence against women in Kosovo*.

§  Conduct the needs assessment and substantially contribute to the development of the content and methodology of a face-to-face (ToT) training course for the Academy of Justice on preventing and combating violence against women and domestic violence.

§  Support and contribute to the identification of a pool of national trainers and conduct two pilot trainings of these trainers for the above mentioned ToT on preventing and combating violence against women and domestic violence developed for the Academy of Justice.

§  Conduct presentation(s) at awareness raising events focused on combating violence against women and domestic violence.

§  Assist in proofreading developed materials from English to Serbian and/or Albanian.

Lot 2 concerns the activities under Awareness Raising-Campaigning on violence against women and domestic violence

The listed activities should be carried out by the selected international consultant together with the local consultant(s) and in co-operation with the Council of Europe project team:

§  Conduct the needs assessment and substantially contribute to the development of guidelines for running gender sensitive campaigns on violence against women and domestic violence in line with the Istanbul Convention and other international standards and good practice.

§  Prepare the methodology and conduct peer to peer trainings for institutions and women NGOs and workshops with media including through sharing of best practices.

§  Assist in proofreading developed materials from English to Serbian and/or Albanian.

Lot 3 concerns the works with the Ministry of Labour and Social Welfare

The listed activities should be carried out by the selected international consultant together with the local consultant(s) and in co-operation with the Council of Europe project team in order to support the Ministry of Labour and Social Welfare:

§  Conduct the needs assessment and contribute to the development of a methodology for shelter quality guidelines in support of victims of violence against women and domestic violence in line with the Istanbul Convention and other relevant international standards and good practices.

§  Prepare and undertake the facilitation of two working groups with relevant stakeholders, for developing quality guidelines for shelters.

§  Provide peer to peer trainings for the staff of social work centres and shelters on the implementation of the quality guidelines.

§  Assist in proofreading developed materials from English to Serbian and/or Albanian.

Lot 4 concerns the research on Perpetrator Programmes

The listed activities should be carried out by the selected international consultant together with the local consultant(s) and in co-operation with the Council of Europe project team:

§  Contribute research on good practices and recommendations on perpetrators programmes in line with the requirements of the Istanbul Convention and other relevant international standards.

§  Assist in proofreading developed materials from English to Serbian and/or Albanian.

LOTs 1–4 aim to increase the knowledge and strengthen the capacities of legal professionals and other relevant institutions in combating violence against women and domestic violence in Kosovo*. Moreover, effective guidelines and tools will enhance the awareness rising and skills among institutions, professionals, civil society organisations and media in order to provide effective support to victims of violence and to ensure the protection of their human rights. The materials and trainings designed and conducted will be based on the relevant standards of the Council of Europe and internationals standards. The project builds on the pillars of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) especially, the prevention and protection pillars. As such, the project promotes a comprehensive approach to effective prevention of violence against women and domestic violence, support for victims and research on perpetrator programmes.

The Council will select the abovementioned number of Provider(s) per lot, provided enough tenders meet the criteria indicated below. Tenderers are invited to indicate which lot(s) they are tendering for (see Section A of the Act of Engagement).

Scope of the Framework Contract

Throughout the duration of the Framework Contract, pre-selected Providers may be asked to:

-     Prepare training modules, training materials and methodologies

-     Design guidelines and analytical reports (needs assessments, gap analysis, targeted research etc.)

-     Conducting trainings/workshops

-     Participating in the project’s events (workshops, conferences, meetings etc.)

-     Reviewing and proofreading materials, handbooks, etc.

-     Participate in fact finding missions on the ground.

The above list is not considered exhaustive. The Council reserves the right to request deliverables not explicitly mentioned in the above list of expected services, but related to the field of expertise object of the present Framework Contract for the lot concerned.

In terms of quality requirements, the pre-selected Service Providers must ensure, inter alia, that:

·         The services are provided to the highest professional/academic standard;

·         Any specific instructions given by the Council – whenever this is the case – are followed.

If contracted by the Council of Europe, the deliverables shall be provided personally by the persons identified in the offer of the Provider whose CVs have been presented to the Council of Europe (See section E. below), in accordance with the terms as provided in the present Tender File and Act of Engagement.

In addition to the orders requested on an as needed basis, the Provider shall keep regular communication with the Council to ensure continuing exchange of information relevant to the project implementation. This involves, among others, to inform the Council as soon as it becomes aware, during the execution of the Contract, of any initiatives and/or adopted laws and regulations, policies, strategies or action plans or any other development related to the object of the Contract (see more on general obligations of the Provider in Article 3.1.2 of the Legal Conditions in the Act of Engagement).

Unless otherwise agreed with the Council, written documents produced by the Provider shall be in English (see more on requirements for written documents in Articles 3.2.2 and 3.2.3 of the Legal Conditions in the Act of Engagement).

C.  FEES

Tenderers are invited to indicate their fees, by completing and sending the table of fees, as attached in Section A to the Act of Engagement. These fees are final and not subject to review. Tenders proposing fees above the exclusion level indicated in the Table of fees will be entirely and automatically excluded from the tender procedure.

The Council will indicate on each Order Form (see Section D below) the global fee corresponding to each deliverable, calculated on the basis of the unit fees, as agreed by this Contract.

D.  HOW WILL THIS FRAMEWORK CONTRACT WORK? (Ordering PROCEDURE)

Once this consultation and the subsequent selection are completed, you will be informed accordingly. Deliverables will then be delivered on the basis of Order Forms submitted by the Council to the selected Provider (s), by post or electronically; on an as needed basis (there is therefore no obligation to order on the part of the Council).

Pooling

For each Order, the Council will choose from the pool of pre-selected tenderers for the relevant lot the Provider who demonstrably offers best value for money for its requirement when assessed – for the Order concerned – against the criteria of: 

-          quality (including as appropriate: capability, expertise, past performance, availability of resources and proposed methods of undertaking the work);

-          availability (including, without limitation, capacity to meet required deadlines and, where relevant, geographical location); and

-          price.

Each time an Order Form is sent, the selected Provider undertakes to take all the necessary measures to send it signed to the Council within 2 (two) working days after its reception. If a Provider is unable to take an Order or if no reply is given on his behalf within that deadline, the Council may call on another Provider using the same criteria, and so on until a suitable Provider is contracted.]

Providers subject to VAT

The Provider, if subject to VAT, shall also send, together with each signed Form, a quote[2] (Pro Forma invoice) in line with the indications specified on each Order Form, and including:

-     the Service Provider’s name and address;

-     its VAT number;

-     the full list of services;

-     the fee per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-     the total amount per type of deliverables (in the currency indicated on the Act of Engagement, tax exclusive);

-     the total amount (in the currency indicated on the Act of Engagement), tax exclusive, the applicable VAT rate, the amount of VAT and the amount VAT inclusive .

Signature of orders

An Order Form is considered to be legally binding when the Order, signed by the Provider, is approved by the Council, by displaying a Council’s Purchase Order number on the Order, as well as by signing and stamping the Order concerned. Copy of each approved Order Form shall be sent to the Provider, to the extent possible on the day of its signature.

E.   ASSESSMENT

Exclusion criteria and absence of conflict of interests

(by signing the Act of Engagement, you declare on your honour not being in any of the below situations)^[3]

Tenderers shall be excluded from participating in the tender procedure if they:

• have been sentenced by final judgment on one or more of the following charges: participation in a criminal organisation, corruption, fraud, money laundering;
• are in a situation of bankruptcy, liquidation, termination of activity, insolvency or arrangement with creditors or any like situation arising from a procedure of the same kind, or are subject to a procedure of the same kind;
• have received a judgment with res judicata force, finding an offence that affects their professional integrity or serious professional misconduct;
• do not comply with their obligations as regards payment of social security contributions, taxes and dues, according to the statutory provisions of their country of incorporation, establishment or residence;

·         are or are likely to be in a situation of conflict of interests.

Eligibility criteria

LOT 1–3

·         University Degree in Law, Social Science or other relevant field and/or professional experience in developing training curricula and methodologies, learning materials and in conducting trainings for professionals active in the area of violence against women and domestic violence;

·         Profesional experience in editing and proofreading in the area of violence against women and domestic violence; 

·         Excellent oral and written English and Albanian and/or Serbian.

LOT 4

·         University Degree in Law, Social Science or other relevant field and/or professional experience undertaking research and analytical assessments and drafting recommendations in the field of combating violence against women and domestic violence and in particular, in the context of Article 16 of the Istanbul Convention (preventive intervention and treatment programmes).

·         Excellent oral and written English and Albanian and/or Serbian.

Award criteria 

LOTS 1–4

• Quality of the offer (90%), including:

- Thematic expertise in the field related to the scope of the project (50%)

- Writing and language skills (40%)

• Financial offer (10%).

The Council reserves the right to hold interviews with eligible tenderers.

Multiple tendering is not authorised.

F.   DOCUMENTS TO BE PROVIDED

·         A completed and signed copy of the Act of Engagement[4] (See attached);

·         A detailed CV, preferably in Europass Format, demonstrating clearly that the tenderer fulfils the eligibility criteria;

·         Registration documents, for legal persons only;

·         Examples of previous professional work relevant to the scope of the Project, if any

·         2 (two) referees' contact details

All documents shall be submitted in English failure to do so will result in the exclusion of the tender.

If any of the documents listed above are missing, the tender will not be considered.

Applicants shall specify in their application/email for which tender LOT/LOTs he/she is applying.

The Council reserves the right to reject a tender if the scanned documents are of such a quality that the documents cannot be read once printed.                                        

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