The legal framework governing public procurement review in Georgia is of reasonable quality and in principle accords with international standards. However, institutionally, the review body in Georgia, the Dispute Resolution Board (the “Board”), is not independent and its review procedures do not guarantee standards of procedural fairness as recommended by the 2012 text of the Agreement on Government Procurement (“GPA”) of the World Trade Organisation and the EU Remedies Directive.
The Government of Georgia has therefore requested technical assistance from the European bank for Reconstruction and Development (the “EBRD” or the “Bank”) with structuring the public procurement review process to create an independent review body in Georgia and delivering training on how to be an effective member of a tribunal-style review body.
The Bank now intends to engage a consulting firm or a group of firms (the “Consultant”) to (i) provide policy advice on establishing an independent public procurement review body, including recommended institutional set-up and appointment procedures for Board members as well as a review procedure for an administrative tribunal compliant with international standards for public procurement remedies, (ii) develop the tribunal capacity of the newly appointed Board by providing high quality, practical and targeted training to Board members to allow the Board to commence operations; (iii) ensure that the Board members can provide capacity building to and raise awareness among local stakeholders regarding review and remedies procedures, including preparation of a dedicated training programme on new public procurement review and remedies procedures (the “Assignment”).
The Consultant’s services will be based on modern public procurement trends and international practices and expert knowledge of the local environment, including the legal environment in Georgia.
The selected Consultant services are expected to include the following components:
1. Work plan and policy advice
(i) translate the EBRD handbook “Judicial Skills and Competencies for Members of Procurement Review Tribunals”, launched in May 2015 to Georgian;
(ii) identify training needs of the Georgian review body in terms of tribunal skills and competencies and propose suitable training programme;
(iii) in cooperation with the Georgian review body members prepare, an awareness training for local stakeholders to be subsequently delivered by the review body members for the benefit of contracting entities and contractors and suppliers in the regions of Georgia.
2. Development of the training programme content
(i) develop a practically-oriented training programme covering judicial and tribunal skills for the public procurement review body;
(ii) develop course materials, handbooks, guides and teaching aids for training programme for the public procurement review body;
(iii) in cooperation with the Georgian review body members, develop course materials, handbooks, guides and teaching aids for training programme for contracting entities and contractors and suppliers in the regions of Georgia;
3. Implementation of the training programme
(i) provide all logistics and preparations for training sessions for the Georgian review body;
(ii) provide all logistics and preparations for awareness raising training for contracting entities and contractors and suppliers in the regions of Georgia;
(iii) ensure training scheduling and delivery.
As part of the training relating to awareness raising, the Consultant will participate in and actively contribute to the success of at least two awareness raising events, to be conducted by the Board members in regional towns in Georgia, provisionally scheduled to take place in Batumi and in Kutaisi.
4. Project Logistics
Delivery of training will include preparation and distribution of training materials, including hand-outs, overheads and other necessary documents and materials, as well as all venue and logistical arrangements for the delivery of training (printing, interpretation, coffee breaks etc.). Materials would be made available in hard and electronic form for use in future training programmes.
Link to full TOR: http://www.ebrd.com/documents/technical-cooporation/tor-67676.docx
Assignment Duration: The Assignment is expected to start in March 2017 and have an estimated overall duration of 24 months.
Cost Estimate for the Assignment: EUR 130,000; exclusive of VAT.
The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the Bank's special status as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.
Funding Source: It is anticipated that the Assignment will be financed by the EBRD Shareholder Special Fund. Please note selection and contracting will be subject to the availability of funding.
Eligibility: There are no eligibility restrictions.
Consultant Profile: Corporate services are required. The Consultant shall be a firm or a group of firms with experience in the following:
· public procurement remedies procedures,
· tribunal capacity building and relevant experience in cooperating with governments as well as IFIs.
· consultant’s previous project experience in developing and implementing training for judges and tribunal members
The Consultant’s expert team is expected to include the following key experts
- International expert with preferably 7 years of previous project experience in public procurement remedies procedures.
- International tribunal capacity building experts, (two), with preferably 7 years of experience serving as review body members in the EU Member States
- Local legal expert familiar with local laws and context for liaising with the counterparts
- Training expert with experience in developing and delivering training programmes for judges and tribunal members in public procurement to organise all logistics for training sessions, according to training plan agreed with the Government of Georgia.
The fluency in English and Russian is required; the Consultant will be responsible for translation of the assignment’s outputs into Georgian.
Submission Requirements: In order to determine the capability and experience of Consultant seeking to be selected for this Assignment, the information submitted should include the following:
1. Company/group of firms’ profile, organisation and staffing (max 2-4 pages)
2. Details of previous public procurement experience or similar assignments preferably undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration), main activities, objectives;
3. CV of key experts who could carry out work on the Assignment
4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:
The above information should not exceed 15 pages excluding CVs and contact sheet.
The complete expression of interest (including CVs and Consultant Declaration and Contact Sheet) should be submitted in English electronically through e-Selection (https://eselection.ebrd.com/suite/) to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf or Word, not exceeding 4MB). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.
EBRD Contact Person:
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
e-mail: KozlowsA@ebrd.com (submissions should be sent through eSelection and NOT to this email address)
1. The selection will normally be made from responses to this notification only. The highest-ranked candidate will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.
The Bank intends to mobilise the services as soon as possible following selection process and CVs of the proposed experts will form basis for contract negotiations. The Bank reserves the right to terminate negotiations with the highest-ranked Consultant if experts proposed in the Expression of Interest are not available for this Assignment.
2. The shortlist criteria are as follows:
a. Consultant’s previous project experience in public procurement remedies (40%);
b. Consultant’s previous project experience in developing and implementing training for judges and tribunal members (30%);
c. CVs of key experts (30%)
GENERAL PROCUREMENT NOTICE (updated version)
The Limited Liability Company Engurhesi (Engurhesi) is a 100% state-owned company responsible for operation of Enguri hydro power plant. Engurhesi intends using loan proceeds from the European Bank for Reconstruction and Development (EBRD) as well as potential funding from the EU Neighbourhood Investment Facility (“EU NIF”) to finance Phase IV of the priority rehabilitation program at the Enguri hydro power plant.
The Project will complete rehabilitation and modernisation of the Enguri HPP having one of the world's highest and unique 271.5 m height Arch Dam. The proceeds of the EBRD loan along with the EU NIF financing will be used to finance of the completion of the Enguri HPP rehabilitation programme in particular for the Enguri headrace tunnel and penstock.
The Project will also finance rehabilitation of Enguri switchyard, Vardnili II spillway gates, Enguri river diversion weir and access road, together with implementation of sedimentation management plan and improved operational procedures to promote resilience to climatic variability and climate change.
The proposed project with a total cost of about EUR 33 million will require the procurement of the following goods, works and services:
Tendering for the Consultancy Contract is expected to commence during Q1 of 2017.
Contracts to be financed with the proceeds of a loan from the Bank will be subject to the Bank's Procurement Policies and Rules and will be open to firms from any country. The proceeds of the Bank's loan will not be used for the purpose of any payment to persons or entities, of for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations or under a law of official regulation of the Purchaser's country.
Interested suppliers, contractors and consultants should contact:
Project Implementation Unit
8, Politkovskaya st., 0179, Tbilisi, Georgia
Mr. Malkhaz Tskvitishvili, Project Manager
Tel. (+995 32) 18 80 11
Fax: (+995 32) 18 80 22e
-mails: Info@engurhesi.ge , email@example.com