招标
福鼎市建设山水林海一体化保护管理与合理利用示范项目选聘咨询顾问建议书征询第一包A:生态和项目实施的技术援助
金额
-
项目地址
福建省
发布时间
2023/02/13
公告摘要
项目编号0703-2350cic2z003
预算金额-
招标公司福鼎市鼎源生态建设投资有限公司
招标联系人郭全
招标代理机构中仪国际招标有限公司
代理联系人张女士
标书截止时间2023/03/13
投标截止时间2023/03/13
公告正文
福鼎市建设山水林海一体化保护管理与合理利用示范项目选聘咨询顾问建议书
征询第一包A:生态和项目实施的技术援助
(招标编号:0703-2350CIC2Z003)
项目所在地区:福建省,宁德市,福鼎市
一、招标条件
本福鼎市建设山水林海一体化保护管理与合理利用示范项目已由项目审批/核准
/备案机关批准,项目资金来源为国有资金20706.42万元;外国政府及企业投资
62400万元,招标人为福鼎市鼎源生态建设投资有限公司。本项目已具备招标条
件,现招标方式为公开招标,特邀请有兴趣的潜在投标人提出资格预审申请。
二、项目概况和招标范围
规模:详见建议书征询文件。
范围:本招标项目划分为1个标段,本次招标为其中的:
(001)第1-A包:生态和项目实施的技术援助;
三、投标人资格要求
(001第1-
A包:生态和项目实施的技术援助)的投标人资格能力要求:详见建议书征询文
件;
本项目允许联合体投标。
四、资格预审文件的获取
获取时间:从2023年02月14日 00时00分到2023年03月13日 23时58分
获取方式:详见建议书征询文件
五、资格预审申请文件的递交
递交截止时间:2023年03月13日 23时59分
递交方式:详见建议书征询文件详见建议书征询文件
六、资格预审开始时间及地点
资格预审开始时间:
资格预审地点:
评审办法:详见建议书征询文件
七、其他
详见建议书征询文件
八、监督部门
本招标项目的监督部门为福鼎市人民政府。
九、联系方式
招标人:福鼎市鼎源生态建设投资有限公司
地 址:福建省宁德市福鼎市桐城街道流美路333号
联系人:郭全
电 话:0593-7836201
电子邮件:/
招标代理机构:中仪国际招标有限公司
地 址: 北京市丰台区西营街1号院通用时代中心
联系人: 张女士
电 话: (010)81169003
电子邮件: zhangshiyu4@cgci.gt.cn
招标人或其招标代理机构主要负责人(颂目负责人) (签名)
招标人或其招标代理机构: (盖章)
Selection of Consultants
Request for Expressions of
Interest
Consulting Service of Integrated land-sea ecosystems
conservation and wise use project in Fuding,Province of
Fujian
LOT 1A
EOI No∴0703-2350CIC2Z003
Client:Fuding Dingyuan Ecological Construction and Investment Co.Ltd,
Tendering Agency:Instrimpex International TenderingCo.,Ltd.
Country:The People³s Republic of China
Issued on:14th February,2023
Matrix template for evaluating Expressions of Interest
The table below may be used to establish the shortlist of Applicants.One table must be completed for each Applicant.For each experience
submitted by the Applicant,check the boxes of the criteria which are met by the experience.
Coherence of the consortium and experience of the | Technical assistance to projects of comprehensive project management of Ecological protection projects, balance | Technical assistance to projects of Biodiversity and water quality inventories and diagnosis ,balance between national and | Technical assistance to Implementation and monitoring of the Environmental and Social issues, need to be familiar with World Bank ESs | Design of ecological restoration activities(biodiversity conservation, river restoration, marine, coasal management, mang rove restoration, smart management system etc), balance between national and international expertise | Technical assistance to protected areas planning and management,b alance between national and international expertise | Each column requires at least one experience. Accumulated contract value covering whole matrix shall be no less than EUR 6 million, and for column I and column 4 no less than I million EUR, for other columns each columns no less than 0.3 million |
members in the following areas: | between national and international expertise ! | international expertise | standards | EUR | ||
1 Each criterion column should reflect the Iist of similar experiences provided in the Request for Expressions of lnterest,such as (i) Nature of services,(ii)Technical expertise and (ii)Location.
2 Each row will be a separate experience which is Iisted in the application.
The selection of Applicants to be shortlisted shall follow the rules as defined herebelow:
The Applicant must have at least one international and/or internationnaly funded in China experience in each criterion;otherwise the application will be
disqualifed.
The ranking of Applicants is based on the greatest number of criterion fulfilled(boxes checked).
O For a Joint Venture,the experiences of all members will be added together for a combined total.
3 The"total"for each column indicates the number of experiences which meet the criterion.
the People's Republic of China
Integrated land-sea ecosystems conservation and wise use project in Fuding,Province of
Fujian
LOT 1A
CONSULTING SERVICES
Expressions of Interest
l. lntroduction
Fuding Dingyuan Ecological Construction and Investment Co.Ltd,(hereafter abbreviated
as “Client³or“ProjectOwner³)has applied for a financing from Agence Francaise de
Developpement(hereafter abbreviated as"AFD"),and intends to use part of the funds
thereof for payments under the following project:
LOT 1A consulting service of Integrated land-sea ecosystems conservation and wise use
project in Fuding,Province of Fujian.
The PEA hereby invites Applicants to show their interest in delivering the Services described
above.
This Request for Expressions of Interest is open to:
Consulting firms or JV
Joint Venture between NGO(s) and
NGOs
consulting firm(s)
ll. Project Background
Fuding Municipality is located in the northeastern part of Fujian Province and is under the
jurisdiction of Ningde City.It is a former county,covering an area of 1,572 km2.It consists of
a wide amphitheater of watersheds whose rivers flow into the Bachimen Inner Bay,at the
bottom of which is loeated the city of Fuding.The mountains are covered by secondary
forests(62%of the territory)and by white tea gardens,with many abandoned plots.The
mountainous landscape is punctuated by numerous villages,some of which have a particularly
picturesque character.
The bay of Fuding,sheltered from winds and marine agitation,hosts the most northern
mangroves in the world.Heavily degraded by human activities(aquaeulture ponds,navigation
channels,dykes and hydraulie developments,various unreasoned withdrawals.),the
mangrove today covers only 258 ha,and its conservation status is very concerning.In this
context,the challenges faced by the Project area are multiple.
In response to these challenges,the strategy adopted aims to set up,on a wide area consisting
of Fuding Bay,its watershed,the coastal zone and the adjaeent arehipelagos,a pilot
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demonstrative pole of Integrated Coastal Zone Management (ICZM),which can be replicated
on the scale of southern China.The ambition is to integrate the different dimensions of the
management of a complex and fragile space:eeonomic/social,land/sea,ecosystems/natural
resourees,preservation/public reception.
Innovative praetices and best international standards are expected to be mobilized in the
framework of the Project's implementation,in partieular in the following topics:ecological
engineering in coastal zones,protected areas enhancement,eco-friendly fish farming and tea
culture,water inclusive governance aceording to a Bay Contract approach.
On 15th June 2022,Agence Franeaise de Developpement(abbrevatied as“AFD³)awarded a
loan to the Popular Republie of China to finanee a demonstration project on Integrated land-
sea ecosystems conservation and wise use project in Fuding,Provinee of Fujian including
three(3)components in Fuding,Provinee of Fujian.The total project investment stands at
CNY 831 Million and the amount financed by AFD is C80M.
The Global Objective of the Project is Building an integrated land-sea ecological conservation
and management system,combining ecosystem restoration and protection and a sustainable
use.
The project has set up three specific components
Global biodiversity and water quality management and restoration from mountain to the
sea,
Ecotourism development and communities support for a transition towards practices
compatible with eco-tourism
Project management and Capacity building.
The targeted result is the restoration of a healthy hydrosystem and functional coastal
ecosystems,allowing the restoration of the full range of ecosystem services they provide to
society,in particular the sustainable provision of food resources (fisheries,aquaculture,white
tea),adaptation to climate ehange and the provision of a space for relaxation,resourcing and
environmental education for the resident public and visitors.
The project consists of eight(8) contracts(also called as"lots³),respeetively are
a)Lot 1-A:Technical Assistance on ecology and project implementation
b)Lot 1-B:Technical Assistance on eco-tourism and eco-labelling
c)Lot 1-C:Technical Assistance
for the “Bay Contract" design and implementation and
forpartnership activities on Marine Protected Area management and innovative aquaculture
d)Lot 2:Design of buildings (environmental education, museography, landscaping,
facilities,cultural heritage)
tourist
e)Lot 3:Works on buildings.
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f) Lot 4:Works on ecological restoration and engineering
g)Lot 5:Equipment of a Smart management system
h)Lot 6:Supervision of works
The Services Provided by Consultant of this package,namely Lot 1-A:Technical Assistance
on ecology and project implementation shall consist of six(6) main components:
Task 1:Technical assistance for managing the Project
in compliance with AFD requirements (Technical assistance and overall coordination of all the
Lots for the management of the project; Training of Project management unit; Relevant
mechanism, policies & regulation for project management; Support on Project
implementation monitoring and reporting; Project communication strategy design and
implementation);
Task 2: lmplementation and monitoring of the Environmental and Social Commitment
Plan;
Task 3:Biodiversity and water quality inventories and diagnosis
(Biodiversity inventories and diagnosis;Water quality diagnosis preliminary to the Bay
Contract in coordination with Lot 1-C);
Task 4: Design of ecological restoration activities (Mangrove restoration plan;Rivers and
creeks restoration plans;Huangren and Taimu Barren Montain restoration;Upgrade
aquaculture models);
Task 5:Protected areas planning and design (Mangrove National Wetland Park;Tea-garden
and Mountain Eco-Park;National Marine Park;training of PA management staff));
Task 6:Drafting the Terms of Reference
(ToR)of the Lot 5-Smart management system
(Monitoring,Information and Management Platform for protected areas, water quality,
ecological communities).
The precise contents and detailed assigment of each task will be specified at the later stage
(Request for Proposals).
The consulting services will run through the project implementation period,i.e.from 2023 to
2028.
lll. Evaluation Criteria
The services under this lot are to be provided by a team comprising of international and local
consultanting firms with rieh experience in the related field and proven ability to mobilize
international best practices.
General expertise requirements for the Consultant are presented below.Detailed expertise
requirements will be presented at the next phase(Request for Proposals-RFP).
Consultant
Services are to be provided by a team of international and Chinese and consulting firms.The
consulting firms JV must have:
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Demonstrated experience in managing biodiversity conservation,coastal wetlands and
mangrove restoration,water resources management,,rivers ecological connectivity
restoration,terrestrial and water biodiversity monitoring.
Demonstrated experience in marine/eoastal resourees management and aguacultural
development.
Demonstrated experience in low environmental impact aquaculture and agriculture
development.
Experience in environmental and social assessment in line with international standards
(World Bank ESS standards).
Demonstrated track record in supporting protected area strengthening or consolidation
Demonstrated experience in mobilizing international best practices in the above mentioned
fields,and in particular in the following topics:ecological engineering of coastal wetlands,
coastal and marine protected areas management,water ecological connectivity,organic fish-
farming and agriculture.
Demonstrated experience in supporting the implementation of internationally financed
projects in China aceording to multilateral development banks and/or bilateral
development banks standards.
At this stage of Call for Expression of Interest,the evaluation will analyze the ability of the consulting
firms (rather than umbrella companies providing support to independent consultants,)to deliver the
required expertise services in the above-mentioned fields,detailed service requirement for consulting
firms shall be regulated in next phase of procurement activity.
As such,interested consultanting firms must provide information evidencing that they are
qualified and experieneed to perform those Services.For that purpose,documented evidence
of recent and similar services shall be submitted.
Determination of the similarity of the experiences will be based on(refer the matrix for details):
The contracts size;
The nature of the Services
(Ecological Technical Assistance);
The technical area and expertise (Ecological restoration,biodiversity restoration,
environmental&social assesement, mangrove restoration,aquaculture,marine protection,
technical support);
lnternational experience
Experience in the Client's country(PRC)
Experience in internationally funded
The consultant will provide:
projects
Long-term experts who will be involved throughout the implementation of the project,
Short-term experts who will be called upon as the various activities are implemented.
The members of the team must have the ability to work in English or Chinese language.
It shall be noted that it will be requested in the RFP that the consulting teams elaborate a
continuity plan to handle the evolving travel restrietions linked to Covid management policy
in China,in case these shall continue for part of the duration of the consulting service
contract.This is particularly the case for the mobilization of the international experts,given
the strict entry conditions to the Chinese territory from abroad that have been prevailing for
almost the last 3 years.
4
The Client will also take into account for the evaluation of the applieations the following
items:
Domestic companies shall provide valid ISO9001 Quality Management System
Certificate;foreign companies shall present related documentation with official
company seal(such as qualification certificates and copy of award certificates
Chinese translation)if the said certificate is not applicable.
accompanied by accurate
National consulting firms of Applicant JV relating to ENGINEERING DESIGN WORKS shall
have the following mandatory qualifications
With Engineering Design Integrated Qualification Class-A.
OR simultaneously with hydraulic engineering design specialized qualification
(Channel Improvement)Class B and above,or corresponding industrial qualification
Class B and above;agricultural and forestry engineering design specialized
qualification(environmental engineering for forestry resources,forestry industry
engineering,comprehensive agricultural developing engineering,fishery engineering)
Class B and above,or corresponding industrial qualification Class B and above.
IV.Eligibility Criteria to the Financing
1.Rules of nationality and of origin
Financing allocated by AFD has been entirely untied since 1st January 2002.All
procurement of goods,works,plants,consulting services and non-consulting services
are eligible for AFD financing regardless of the country of origin of the providers,
contractors or consultants (including subcontractors,subconsultants and suppliers),
except where an international embargo applies.This decision not only concerns the
Least Developed Countries"(LDCs),pursuant to the Organisation for Economic
Committee (DAC)
Cooperation and Development(OECD)IDevelopment Assistance
Recommendation of 20th April 2001 on untying aid,but also all the other foreign
countries where AFD operates.
2.Grounds for exclusion
A Person (including all members of a joint venture or any of their subcontractors)
shall not be awarded an AFD-financed contract if,on the date of submission of an
application or of a bid or a proposal or on the date of award of a contract,they:
1) Are bankrupt,being wound up or ceasing their activities,are having their
activities administered by the courts,have entered into receivership,or are in any
analogous situation arising from any similar procedure;
2) Have been:
a. convicted within the past five years by a court decision,which has the force of
res judicata in the country where the contract is implemented,of fraud or
corruption or any other offence committed during the procurement process or
performance of a contract,unless they provide supporting information
together with their Statement of lntegrity which shows that this conviction is
not relevant in the context of this AFD financed contract;
b.subject to an administrative sanction within the past five years by the
European Union or the competent authorities of the country where they are
constituted,for fraud or corruption or for any other offence committed during
5
a procurement process or performance of a contract,unless they provide
supporting information together with their Statement of lntegrity
which shows that this conviction is not relevant in the context of this AFD financed
contract;
C.
convicted within the past five years by court decision,which has the force of
res judicata,of fraud or corruption or of any other offence committed in the
context of an AFD-financed procurement process or performance of a contract;
3) Are listed for financial sanctions by the United Nations,the European Union and/or France for the purposes of fight against terrorist financing or threat to international peace and security;
4) Have been subject within the last five
years to a contract termination fully settled
against them for significant or persistent failure to comply with their contractual
obligations during contract performance,unless (i) this termination was challenged and (ii)dispute resolution is still pending or has not confirmed a full settlement against them;
5)
Have not fulfilled their fiscal obligations regarding payments of taxes in
accordance with the legal provisions of either the country where they are constituted or the Beneficiary's country; 6)
Are subject to an exclusion decision of the World Bank and are listed on the
website http://www.worldbank.org/debarr,unless they provide supporting
information together with their Statement of Integrity which shows that the
exclusion is not relevant in the context of this AFD-financed
7) project; Have created false documents or have committed misrepresentation in
documentation requested by the Beneficiary as part of the procurement process of this contract.
3.Conflict of interest
Except in cases duly accepted by AFD,a Person (including all members of a joint venture or any of their subcontractors)shall be disqualified in a competitive procurement process if they:
1) Are an affiliate
controlled by the Beneficiary or a shareholder controlling
the Beneficiary,unless the stemming conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
2)
Have a business or a family relationship with a Beneficiary's staff involved in the procurement
process or the supervision of the resulting contract,unless the stemming
conflict of interest has been brought to the attention of AFD and resolved to its satisfaction;
3)Are controlled by or control another bidder or are under common control with
another bidder,receive from or grant subsidies directly or indirectly to another
bidder,have the same Iegal representative as another bidder,maintain direct or
indirect contacts with another bidder which allow them to have or
give access to information contained in the respective bids,to influence them or influence the decisions of the Beneficiary;
4)Are engaged in a consulting services activity which,by its nature,may be in
conflict with the assignments that they would carry out for the Beneficiary; 5) ln the case of a procurement
process for goods,works or plants:
i.Prepared or have been associated with a consultant who
prepared specifications,drawings,calculations and other documentation for the
procurement process;
6
ii.Have been recruited or are proposed to be recruited,themselves or any of
their affiliates,to carry out works supervision or inspection for this contract.
6) Are state-owned entities,which are not able to provide evidence that (a)they are
legally and financially autonomous and/or (b)they do operate under commercial
law.
7) Consultants who took part in the project's feasibility study are not entitled to
submit an offer for any lot of the project.
4.Embargos
The Beneficiary undertakes not to acquire or supply any equipment or to operate in
any sector which is subject to an embargo by the United Nations,the European
Union or France.
V. Joint Venture
The Applicant shall submit only one application,either in its own name or as a
member of a Joint Venture (JV).However,the same Subconsultant may participate in
several applications.
If the Applicant is a JV,the expression of interest shall include:
1.A copy of the JV Agreement entered into by all members,or
A letter of intent to execute a JV Agreement,signed by all members together with a copy
of the Agreement proposal;
2.JV Agreement shall indicate the leading partner of the JV and respective work scope and
responsibility as well as a commitment to state that each party of the JV will assume
liable responsibility to the Employer if they won the bid.
ln the absence of this document,the other members will be considered as Sub-
consultants.
Experiences and qualifications of Sub-consultants are not taken into account in the
evaluation of the applications.
lf the Applicant is a JV, members of the JV shall not be more than 6 (six)firms in total.The
proposed bidder or a JV member attended an applicant JV team to award the Technical Assistance
(TA)Contract Lot 1-A will not be permitted to participate in bidding processes of other contracts under
this project,with the exeption of Lot 1-C,given the similarity of topics that are covered by these to lots
and their complementarity.
Vl.Language of Bid
The EOI prepared by the Applicant and all correspondence and documents relating
to the Bid exchanged by the Applicant,Employer and Tendering Agent,shall be
written in English with accurate Chinese translation attached.
Supporting documents and printed literature that are part of the EOI may be in another
language provided shall be accompanied by an accurate English and Chinese translation.
Applicants shall prepare:
ONE(1)original EOI in English and ONE(1)original EOI in Chinese.
7
ONE(1)electronic copy of EOI must be sent to the email address provided below.
zhangshiyu4@cgci.gt.cn;fudingfks666@163.com
Among the submitted applications,the PEA will shortlist a maximum of six(6)Applicants,to
whom the Request for Proposals to carry out the Services shall be sent.
VlI.Obtaining REOI Documentation
Period:From 14th February,2023(Monday)to 23:59 on 13rd March,2023(Monday).
VllI. Submission
Closing Time: 13rd March,2023 (Monday).
Submission Method:
On the spot or by email delivery,whieh shall be determined and informed aceording to the
situation before the deadline of submission.
Attention:Zhang Shiyu/PMO
Address:Room 811,Cplaee,Genertec Times Center,No.1 Yard,Xiying Street,Fengtai
District,Beijing,P.R.China(P.O box number:100073)
Telephone:+86 10 81169003
Email:zhangshiyu4@cgci.gt.cn/fudingfks666@163.com
IX.Contact lnformation
Interested Applicants may obtain further information at the address below during office hours:
from 9:00 a.m.to 5:00 p.ml.
Attention:Zhang Shiyu/PMO
Tendering Company:Instrimpex International Tendering Co.,Ltd.
Address:Room 811,Cplace,Genertee Times Center,No.1 Yard,Xiying Street,Fengtai
District,Beijing,P.R.China(P.O box number:100073)
Telephone:+86 10 81169003
Email: zhangshiyu4@cgci.gt.cn/fudingfks666@163.com
1 For example,from 9:00 a.m.to 5:00 p.m.
8
Appendix to The Request for Expressions of lnterest
(To be sumitted with the application,signed and unaltered)
Statement of lntegrity,Eligibility and Environmental and Social Responsibility
Reference of the bid or proposal (the"Contract")
To: (the"ContractingAuthority")
1. We recognise and accept that Agence Francaise de Developpement ("AFD") only finances
projects of the Contracting Authority subject to its own conditions which are set out in the
Financing Agreement which benefits directly or indirectly to the Contracting Authority.As a
matter of consequence,no legal relationship exists between AFD and our company,our joint
venture or our suppliers,contractors, subcontractors, consultants or subconsultants.The
Contracting Authority retains exclusive responsibility for the preparation and implementation of
the procurement process and performance of the contract.The Contracting Authority means the
Purchaser,the Employer,the Client, as the case may be,for the procurement of goods,works,
plants,consulting services or non-consulting services.
2. We hereby certify that neither we nor any other member of our joint venture or any of our
suppliers,contractors,subcontractors,consultants or subconsultants are in any of the following
situations:
2.1 Being bankrupt,wound up or ceasing our aetivities,having our aetivities
administered by the courts,having entered into receivership, reorganisation or
being in any analogous situation arising from any similar procedure;
2.2 Having been:
a) convicted, within the past five years by a court decision, which has the force of res
judicata in the country where the Contract is implemented,of fraud,corruption or of
any
other offense committed during a procurement process or performance of a
contract (in the event of such conviction,you may attach to this Statement of
lntegrity supporting information showing that this conviction is not relevant in the
context of this Contract);
b) subject to an administrative sanction within the past five years by the European Union
or by the competent authorities of the country where we are constituted,for fraud,
corruption or for any other offense committed during a procurement process or
performance of a contract (in the event of such sanction,you may attach to this
Statement of Integrity supporting information showing that this sanction is not
relevant in the context of this Contract);
c) convicted,within the past five years by a court decision,which has the force of res
judicata, of fraud,
corruption or of any other offense committed during the
procurement process or performance of an AFD-financed contract;
2.3 Being listed for financial sanetions by the United Nations,the European Union
and/or France for the purposes of fight-against-terrorist financing or threat to
international peace and security;
2.4 Having been subject within the past five years to a contraet termination fully
settled against us for significant or persistent failure to comply with our
contractual obligations during contraet performanee,unless this termination was
challenged and dispute resolution is still pending or has not confirmed a full
settlement against us;
9
2.5 Not having fulfilled our fiscal obligations regarding payments of taxes in
accordance with the legal provisions of either the country where we are
constituted or the Contracting Authority's country;
2.6 Being subject to an exclusion decision of the World Bank and being listed on the
website http://www.worldbank.org/debarr(in the event of such exclusion,you
may attach to this Statement of Integrity supporting information showing that this
exclusion is not relevant in the context of this Contract);
2.7 Having ereated false documents or committed misrepresentation in documentation
requested by the Contracting Authority as part of the procurement process of this
Contract.
3. We hereby certify that neither we,nor any of the members of our joint venture or any of our
suppliers,contractors,subcontractors,consultants or subconsultants are in any of the following
situations of conflict of interest:
3.1 Being an affiliate controlled by the Contracting Authority or a shareholder
controlling the Contracting Authority,unless the stemming conflict of interest has
been brought to the attention of AFD and resolved to its satisfaction;
3.2 Having a business or family relationship with a Contracting Authority's staff
involved in the procurement process or the supervision of the resulting Contract,
unless the stemming conflict of interest has been brought to the attention of AFD
and resolved to its satisfaction;
3.3 Being controlled by or controlling another bidder or consultant,or being under
common control with another bidder or consultant,or receiving from or granting
subsidies directly or indirectly to another bidder or consultant,having the same
legal representative as another bidder or consultant,maintaining direet or indirect
contacts with another bidder or consultant which allows us to have or give access
to information contained in the respeetive applications,bids or proposals,
influencing them or influeneing decisions of the Contracting Authority;
3.4 Being engaged in a consulting services activity,which,by its nature,may be in
conflict with the assignments that we would carry out for the Contracting
Authority;
3.5 In the case of procurement of goods,works or plants:
a)Having prepared or having been associated with a consultant who prepared
specifications,drawings,calculations and other documentation to be used in the
procurement process of this Contract;
b)Having been recruited (or being proposed to be recruited) ourselves or any of our
affiliates,to carry out works supervision or inspection for this Contract.
4. lf we are a state-owned entity,and to compete in a procurement process,we certify that we
have legal and financial autonomy and that we operate under commercial laws and regulations.
5. We undertake to bring to the attention of the Contracting Authority,which will inform AFD,any
change in situation with regard to points 2 to 4 here above.
6. ln the context of the procurement process and performance of the corresponding contract:
6.1 We have not and we will not engage in any dishonest conduet(act or omission)
deliberately indented to deceive others,to intentionally conceal items,to violate or
vitiate someone's consent,to make them circumvent legal or regulatory
requirements and/or to violate their internal rules in order to obtain illegitimate
profit;
6.2 We have not and we will not engage in any dishonest conduct(act or omission)
contrary to our legal or regulatory obligations or our internal rules in order to
obtain illegitimate profit;
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6.3 We have not promised,offered or given and we will not promise,offer or give,
directly or indireetly to(i)any Person who holds a legislative,executive,
administrative or judicial mandate within the State of the Contracting Authority
regardless of whether that Person was nominated or elected,regardless of the
permanent or temporary,paid or unpaid nature of the position and regardless of
the hierarchical level the Person occupies,(ii)any other Person who performs a
publie funetion,including for a State institution or a State-owned company,or
who provides a public service,or (iii)any other person defined as a Public Officer
by the national laws of the Contraeting Authority's country,an undue advantage
of any kind,for himself or for another Person or entity,for such Public Officer to
act or refrain from acting in his official capacity;
6.4 We have not promised,offered or given and we will not promise,offer or give,
directly or indirectly to any Person who occupies an executive position in a
private sector entity or works for such an entity,regardless of the nature of his/her
capacity,any undue advantage of any kind,for himself or another Person or entity
for such Person to perform or refrain from performing any act in breach of its
legal,eontraetual or professional obligations;
6.5 We have not and we will not engage in any practice likely to influence the
contract award process to the detriment of the Contracting Authority and,in
particular,in any anti-competitive practice having for object or for effect to
prevent,restrict or distort competition,namely by limiting access to the market or
the free exercise of competition by other undertakings;
6.6 Neither we nor any of the members of our joint venture or any of our suppliers,
contractors,subcontractors,consultants or subeonsultants shall acquire or supply
any equipment nor operate in any sectors under an embargo of the United Nations,
the European Union or France;
6.7 We commit ourselves to comply with and ensure that all of our suppliers,
contractors,subcontractors,consultants or subconsultants comply with
international environmental and labour standards,consistent with laws and
regulations applicable in the country of implementation of the Contraet,including
the fundamental conventions of the International Labour Organisation (ILO) and
international environmental treaties.Moreover,we shall implement environmental
and social risks mitigation measures when specified in the environmental and
social commitment plan(ESCP)provided by the Contracting Authority.
7. We,as well as members of our joint venture and our suppliers,contractors,subcontractors,
consultants or subconsultants authorise AFD to inspect accounts,records and other documents
relating to the procurement process and performance of the contract and to have them audited
by auditors appointed by AFD.
Name: In the capacity of:
Duly empowered to sign in the name and on behalf ofl:
Signature:
Dated:
1 ln case of joint venture,insert the name of the joint venture.The person who will sign the application,bid or proposal on
behalf of the applicant,bidder or consultant shall attach a power of attorney from the applicant,bidder or consultant.
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