Call for Expression of Interest at Medecins Du Monde

MdM-F is an international solidarity association whose mission is to care for the most vulnerable populations in situations of crisis and exclusion throughout France and the world.

MdM currently works in more than 30 countries across all continents where it focuses on 5 priority areas: emergency and crisis, sexual and reproductive health, harm reduction, migrants and displaced populations (health rights), health and environment.

Médecins du Monde Nigeria is located at No 05, Waziri Lawan Street, off Damboa Road Maiduguri. In the context of its Humanitarian projects, MdM is putting several activities in place which aim to assist the population in Maiduguri, Damboa, Borno State.

2.Description of the current context

MdM-F has been operating in Nigeria since 2016 and has developed several projects. In Nigeria, MdM is currently implementing an emergency response program in Borno state. The program is implemented around the main components: improving access to primary health care, malnutrition treatment, gender-based violence survivors’ treatment, mental health and psychological support. MdM has its coordination office in Maiduguri and a sub office in Damboa. MdM is running three clinics in Maiduguri: Garba Buzu, Aba Ganaram and  El Meskin.

 A field team has been in place since June 2017 in Damboa local government area and has been running two fixed clinics in two IDP camps. MdM is also supporting two health posts of the Ministry of Health in Azir and Gumzuri villages. At last, MdM has developed internal capacities to respond to new emergencies (mainly displacements of population as well as cholera outbreak).

3.Services to be provided

In this context MDM is looking for different suppliers to meet the needs for non food items. More detailed technical description of the supplies required for this contract is given in the in Annex II & III Technical Specification.

The tenderer must:

• Guarantee delivery of goods at his own cost
• Specify type and quality of goods proposed for supply
• Provide proof of funds inflow and out flow to shoulder orders of similar financial demand
• Provide performance guarantee (10% of contract sum)
• Provide a detailed delivery plan

4.Rules governing the disclosures of the specifications

4.1Confidentiality

The content of these specifications is hereby disclosed on a confidential basis. Any company or consultant who receives or holds a copy of these specifications makes a formal undertaking not to disclose the scope and content thereof other than for the needs of the potential drafting of the global offer requested.

4.2 Representative of the project owner

In order to guarantee a uniform interpretation of the specifications and to facilitate the exchange of information, the project owner hereby designates the following individual as its representative:

Mail to: supply.nigeria@medecinsdumonde.net   

With the subject reference : 23-NG-MAI-057/58/59/60 NFI supplies. Closing date: 31 March 2023 at 1700hrs Nigeria time.

MDM obliges bidders to contact only the representative designated in writing by MDM in connection with this procurement and for further clarification of the specifications.

4.3 Representative of the bidder

 As soon as possible following receipt of these specifications, the bidder must inform the project owner in writing of the name, job title, address and telephone number for its representative. All subsequent communications shall be addressed to the latter.

4.4 Amendment of specifications

The project owner reserves the right:

• To modify the specifications,
• To provide any additional information

All modifications or additional information shall be forwarded to all bidders.

4.5 Cost of preparing service proposals

All costs of preparing tenders for services, works and goods shall be charged exclusively to the bidders.

4.6 Additional costs for service proposals

The bidder is responsible for all costs incurred in providing the clarifications requested by MDM as a result of the submission of bids for goods.

4.7Stages

4.7.1Timetable

Stage	Date
Publication of the call for expression of interest	06th March 2023
Clarification on the call for expression of interest Answers to questions on the Tender process	14th  March 2023 17th March 2023
Submission of quotations (Closing date)	31st March 2023
Opening of offers	03rd   April 2023
Meeting of the selection committee	03rd   April 2023
Clarifications of offers as required	03rd  April 2023
Site visit	04th  -05th  April 2023
Result of the call for expression of interest	11th  April 2023
Contract with suppliers	14th  April 2023

4.7.4 Termination of the understanding

The project owner reserves the right to terminate any future understanding reached with the successful bidder in the event of failure to comply with an obligation or element binding upon both parties.

5. Instructions for bidders

The following rules are aimed at harmonising the presentation of the service proposals made, to ensure their simple and effective use and to help the bidder prepare a full document that covers all of the project owner’s requirements.

In order to be authorised to take part in this invitation to submit an expression of interest, bidders must provide proof, as assessed by MdM, that they are compliant with the requisite legal, technical and financial terms and conditions and that they have the necessary capacity and sufficient resources in order to perform the contract.

5.1 Content of the proposal of goods supply

All information provided must be sufficient and cover all aspects. The bidder must show exactly how it holds the qualifications required for the performance of the assignment. The bidder may add any information deemed relevant. This additional information must be set out in an appendix in order to limit the size of the core document as far as possible.

Each supply offer must be independent of each other.

5.2 Payment conditions and methods

The terms and conditions of payment will be made by

- Bank transfer

•  At most 21 days from date of invoice.
• Invoicing must be done in Nigerian Naira only.

Liability

• The Supplier being a professional and specialist in NFI goods supply, makes commitment to perform all obligations for which it is responsible in a professional manner and in accordance with the terms and conditions set out in the in the Framework Agreement and in accordance with MDM code of conduct.
• The Supplier shall be liable pursuant to its contractual obligations for any direct and certain damage caused to MdM, excluding any indirect damage.
• The Supplier holds insurance coverage in the context of its professional third-party liability for any damage that it may cause to MdM in the performance of the relevant services.

5.3 Audit right

Once the contract has been signed, MdM reserves the right to complete any audit within the premises of the service provider and its commercial network in order to monitor that the framework agreement signed is being applied correctly. These audits may be carried out by MdM itself or by any firm or body duly appointed for such purpose by MdM The bidder undertakes to comply with such audits and to provide all documents and information that may be necessary in this context.

5.4 Communication and use of the MDM name or logo

The supplier shall not under any circumstances be authorised to use the proprietary names and logo of MdM, of MdM’s international network or of any one of the MdM network’s members without the prior written approval of MdM

5.5 Employment law regulations

In accordance with MDM procurement procedures, the Supplier must respect humanitarian rules: "The Ten Principles of the UN Global Compact, ILO Declaration 1998, Green Paper EC COM (2001)".

The Supplier must also respect human rights and applicable data protection rules

5.6 Exclusion criteria

MdM excludes from the contracting process any bidder to which any of the following are applicable:

• In a state of, or the subject of a procedure regarding, bankruptcy, liquidation, court-ordered reorganisation or preventive arrangements, cessation of business, or any comparable situation resulting from a procedure of the same kind as defined by domestic legislation or regulations.
• The subject of a sentence handed down by a judgment with res judicata (i.e., one against which no further appeal can be filed) for any offence having an impact on professional ethical standards.
• Having committed a serious professional fault, acknowledged via any means, which Médecins du Monde is able to justify.
• Has not fulfilled its obligations regarding the payment of social security contributions or obligations relating to the payment of taxes in accordance with the provisions of law;
• Has been found guilty of fraud, corruption, participation in organised crime or any other illegal activity pursuant to a judgment with res judicata;
• Further to the process for the signature of another agreement, has been declared to be a state of serious performance default on the basis of failure to comply with the corresponding contractual obligations.

Bidders must be able to evidence via any appropriate means that they are not concerned by any of the situations listed above

5.7 Ineligibility criteria

Contracts are not awarded to bidders who, during the procurement procedure:

•  are in a situation of conflict of interest or have an equivalent specific link with other bidders or other parties to the project; any attempt by a bidder to obtain confidential information, to enter into unlawful agreements with competitors or to influence the evaluation committee or the contracting authority during the procedure for examining, clarifying, evaluating and comparing bids will result in the rejection of its bid
•  were guilty of misrepresentation in providing the information required by MDM for participation in the contract or failed to provide such information

5.8 Reasons for rejection

• MdM and the bidders shall comply with the highest possible standards of ethics for the signature and performance of the contracts.
• MdM rejects any proposal made by bidders and shall terminate the relevant contracts if it is established that such bidders have used practices involving corruption, fraud, collusion or coercion. The administrative or financial sanctions applied must be proportional to the value of the contract and the serious nature of the misconduct.
• MdM must ensure that no child labour is used and that all rights relating to employment and basic working conditions are respected by candidates and bidders. The latter must make an undertaking not to purchase goods from suppliers who use child labour or breach employment and/or basic working conditions.

6. Structure proposed for the service approval

• Each offer of goods shall contain the following elements. Tender templates are in the appendix and must be respected in order to make the best possible comparison of offers.
• To be authorised to take part in this call for expressions of interest, bidders must provide proof, at the discretion of Médecins du Monde, that they meet the legal, technical and financial conditions required and that they have the necessary capacity and sufficient resources to carry out the contract..

6.1 Introduction

The Bidder may submit a brief introduction stating its interest in carrying out this mandate and the benefits that MDM will derive from using its professional services. This presentation is not subject to an MDM format but must not exceed one double-sided page.

6.2 Administrative criteria

The bidder is registered in the trade register and must provide proof of this registration.

The bidder accepts the annexed general terms and conditions of purchase of MDM and the annexed ethical clauses of MDM.

The bidder must provide proof in the bid documents;

• Valid Company Registration certificate with Local or federal authorities- CAC or similar
• Compliance with labour regulations
• its obligations relating to the payment of social security contributions and/or its obligations relating to the payment of their taxes in accordance with legal provisions
• 2021 Tax clearance certificate
• Compliance with Nigerian EFCC requirements

The bidder will have to communicate

• The name of its manager and the name of the person authorised to sign the contract.
• Its turnover
• Its number of employees

6.3 Technical criteria

In this section, the bidder must present a brief description of its organisation and expertise, and the names of the contacts involved in the implementation of this contract.

The bidder must provide at least three (3) proofs of performance of a similar contract with an NGO or other organization/institution of MDM size by providing a certificate of good performance of the contract.

The bidder must provide the name of the person to be in contact with MDM: telephone and email.

The bidder undertakes to:

• Respond to requests by email and/or proforma within 3 working days
• Carry out supplies at the location requested by MDM and in compliance with the quality criteria defined by MDM.

After opening the offers MDM reserves the right to visit the supplier's premises: office and storage place.

6.4 Financial criteria

The bidder shall provide a detailed price list of the goods.

The bidder shall specify:

• Unit Prices with tax inclusive
• Specify Logistics costs if any

MDM will not be liable for the tax returns of the supplier, except that MDM will deduct the withholding tax (WHT) from the invoice amount and remit to the government tax department- 5% WHT.

For email submissions, the price offers must be sent in pdf format and also in electronic Excel format where possible. It can only be in Nigerian Naira.

6.5 Additional clauses

The bidder will be required to confirm to MDM the terms of invoicing, methods of payment, terms of warranties, duration of bid validity, confidentiality requirements and specific expenses payable by MDM.

7. Assessment of the bids

7.1 Examination of bid compliance from an administrative perspective

• The purpose of this phase is to verify if the bid complies on the merits with the detailed terms and conditions set out in these specifications. A bid is compliant when it fulfils all of the conditions, detailed methods and specifications contained herein, with no material discrepancies or restrictions.
• Material discrepancies or restrictions are any which have an impact on the scope, quality or performance of the contract or which, in a substantial manner, differ from these specifications. Any classification of bids as non-compliant for administrative purposes must be duly justified in the assessment report.
• When a bid fails to comply with these specifications, it is immediately rejected and cannot then be brought into line with the standards via corrections or the deletion of the discrepancies or restrictions.

7.2 Technical assessment

Upon completion of the analysis of bids deemed to be compliant for administrative purposes, the evaluation committee then reaches a decision on the technical compliance of each bid and ranks the bids on the basis of two categories: compliant and non-compliant from a technical perspective.

In order to facilitate the examination and evaluation of the bids submitted, the evaluation committee may ask each bidder for explanations regarding its bid, including on the breakdown of unit prices if applicable. The request for explanations and corresponding reply are made in writing, however no change can be requested, proposed or authorised regarding the value or substance of the bid, unless a change is necessary in order to confirm the correction of any calculation errors revealed during the bid assessment process. Any classification of bids as non-compliant must be duly justified in the assessment report.

7.3 Financial assessment

• Bids deemed technically compliant are checked for arithmetical errors in calculations and totals. Errors are corrected by the Evaluation Committee as follows:
• Where there is a difference between the amount stated in figures and the amount stated in words, the amount stated in words shall prevail.
• Except for fixed-price contracts, where there is a difference between a unit price and the total amount obtained by multiplying that unit price by the quantity, the unit price indicated shall prevail.
• The amounts thus corrected shall be binding on the tenderer. If the latter does not accept them, his tender is rejected.

7.4 Criteria for the awarding of the contract

An evaluation grid containing these different criteria according to a weighting will be used to support the final choice of MDM.

The contract will be awarded to the tenderer who meets all the administrative, technical and financial criteria but also:

• Quality
• Standardisation of production/packaging processes
• Registration and Documentation with relevant bodies as far as supplies is concerned
• Delivery times and/or work plans
• Warehouses in Maiduguri (sufficient storage space)
• Capacity to package and prepare NFI kits (labour, machinery)
• Bank Guarantee
• Type, relevance and "quality" of the documents submitted (invoices, delivery notes, etc.)

The contract is awarded by the steering committee of this call. The choice of the steering committee is based on an evaluation grid of the administrative, technical and budgetary criteria of the proposals submitted and as formulated in the ToR, then validated by minutes signed by all the members of the steering committee of the consultancy.

The steering committee is sovereign in its choice, which is made in accordance with the principles of transparency, equal treatment of potential contractors and the absence of conflicts of interest.