TENDER FILE / TERMS OF REFERENCE

(Competitive bidding procedure / Framework Contract)

Purchase of national consultancy services aimed at establishing Case Law Department at the Cantonal Court of Sarajevo

Contract N° BH9209/2024/1

The Council of Europe is currently implementing until 31 December 2025 a Project on “Support to a coherent national implementation of the European Convention on Human Rights and facilitating execution of ECtHR judgments in Bosnia and Herzegovina”. In that context, it is looking for consultancy services to support the establishment of the Case Law Department at the Cantonal Court of Sarajevo to be requested by the Council on an as needed basis.

A.    TENDER RULES

This tender procedure is a competitive bidding 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 €6,000 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 180 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 a natural person.

Tenders shall be submitted by email only (with attachments) to the email address indicated in the table below, with the following reference in subject:  Tender CLD. 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 – Tender CLD

Type of contract ►	Framework contract
Duration ►	Until 31 May 2025
Deadline for submission of tenders/offers ►	08 May 2024 23h59 CET
Email for submission of tenders/offers ►	[email protected]
Email for questions ►	[email protected]
Expected starting date of execution ►	03 June 2024

B.    EXPECTED DELIVERABLES

Background of the Project

The Project aims to contribute to the protection of human rights and strengthening domestic human rights protection mechanisms in Bosnia and Herzegovina in line with European human rights standards. It will focus on strengthening national mechanisms for the national case-law harmonisation and implementation of the European Convention on Human rights (ECHR) standards and will facilitate optimal solutions for the execution of the judicial decisions of national courts.

This Project is a new initiative which builds on the results of the previously completed Projects and will be implemented from 1 January 2024 till 31 December 2025 in Bosnia and Herzegovina.

The Council of Europe is looking for one Provider in order to support the implementation of the project with a particular expertise in establishing of case law department within the Cantonal Court of Sarajevo.

This Contract is currently estimated to cover up to 1 activity to be held by 31 May 2025. 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 900.000 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.

Scope of the Framework Contract

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

-       Provide professional and administrative support to the judges;

-       Follow the case law of the courts in Bosna and Herzegovina with a focus on cases of particular public interest, and ensure that legally final court decisions are entered in the relevant court decision database/s (interactive case-law software);

-       Contribute to the drafting of summaries of legal standpoints envisaged in the identified judgments and uploading them to database/s;

-       Follow the work of the European Court of Human Rights, prepare information on case law as relevant for Bosnia and Herzegovina’s judiciary; 

-       Upon request, conduct analysis of the different legal issues/questions and prepare research for the purposes of the harmonisation of the judicial practice;

-       Participate in identifying the most common reasons for reversals and modified decisions at the lower courts (most common mistakes made);

-       The selected provider shall provide montly reports regarding all activities that are carried out to the Project team.

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.

The Consultant is expected to be engaged not more than an average of 20 service days per month, however, the workload might differ from month to month.

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

·         The services are provided to the highest professional standard;

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

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.

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 the selection procedure is 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).

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, terrorist financing, terrorist offences or offences linked to terrorist activities, child labour or trafficking in human beings;
• 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 an entity created to circumvent tax, social or other legal obligations (empty shell company), have ever created or are in the process of creation of such an entity;

·         have been involved in mismanagement of the Council of Europe funds or public funds;

·         are or appear to be in a situation of conflict of interest;

·         are retired Council of Europe staff members or are staff members having benefitted from an early departure scheme;

·         are currently employed by the Council of Europe or were employed by the Council of Europe on the date of the launch of the procurement procedure.

Eligibility criteria

• University degree in law;
• Passed bar exam in Bosnia and Herzegovina;
• Knowledge of English language B1/B2 CEFR;
• At least 3 (three) years of professional experience in the field related to human rights, rule of law or judiciary in Bosnia and Herzegovina.

Award criteria

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

-          Advanced knowledge in databases pertaining to judicial practices in Bosnia and Herzegovina, showcasing a deep understanding of their intricacies. (30%)

-          Expertise in meticulously analysing and assessing the coherence within the national judicial practices of the highest courts in Bosnia and Herzegovina. (20%)

-          Advanced familiarity with the HUDOC database, underscoring a comprehensive grasp of its functionalities and features. (20%)

-          Knowledge of the English language. (20%)

• Financial offer (10%).

The Council reserves the right to hold interviews with tenderers.

Multiple tendering is not authorised.

F.     NEGOTIATIONS

The Council reserves the right to hold negotiations with the bidders in accordance with Article 20 of Rule 1395.

G.    DOCUMENTS TO BE PROVIDED

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

·         A detailed CV, preferably in Europass Format together with the motivation letter, demonstrating clearly that the tenderer fulfils the eligibility and award criteria;

·         3 (three) 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 Council of Europe reserves the right to reject the tender.

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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