1.0      Instructions to Proposers

The bidder is to read carefully the instructions set out below. No claim will be entertained on the grounds of failure either to read or comply neither with the instructions nor for any alleged misunderstanding of their meaning.

• Request for Clarifications

For any inquiries regarding this request write to the Procurement Team on email address [email protected], provided your request does not concern the prices for these services. This request must be sent prior to 12.00hrs on Monday, April 3, 2023.

Should there be any doubt or obscurity as to the meaning of any word or phrase or terms or conditions in the request for proposals document or anything to be done or not to be done by the eventual contractor, or to these instructions, or as to any other matter or anything pertaining to the eventual contract, the bidder must submit such doubt or obscurity in writing. Any clarification so issued will form part of the contract documents.

DefendDefenders is not obliged to provide explanations regarding requests made after the closing date. Results will not be made public. Any lobbying will lead to automatic disqualification.

• Cost of Preparing the Proposals

The proposer shall bear all costs associated with the preparation and submission of his/her proposal and DefendDefenders will in no case be responsible or liable for these costs regardless of the conduct or outcome of the proposal’s solicitation process.

1.3      Taxes and Duties

DefendDefenders will withhold 6% tax for Ugandan based consultants or 15% for foreign consultants except for those with WHT exemption from Uganda Revenue Authority. Your offer should, therefore, be inclusive of all taxes and any other levies.

• Format and Signing of Proposals

The proposer shall prepare the Technical Proposal and the Financial Proposal. The proposals shall be typed and signed by the person or persons duly authorised to bind the bidder to the eventual contract. The Proposal shall be signed as per the prescribed Proposal Submission Form without alterations, except those in accordance with instructions issued by DefendDefenders.

• Examination and Evaluation of Proposals

Information relating to the examination, clarification, evaluation and comparison of proposals and recommendations for award shall not be disclosed to bidders or any other persons not officially concerned with such processes until the award to the successful proposer has been announced. Any effort by the proposer to influence DefendDefenders’ processing of the proposals or award decisions will result in automatic rejection of his proposal.

To assist in the examination, evaluation and comparison of the proposals, DefendDefenders may, at its discretion, ask any proposer for clarification of their proposal including breakdown of the unit rates. The request for clarification and the response shall be in writing, but no change in the price or substance of the proposal shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by DefendDefenders in the evaluation of the proposals.

1.6      Evaluation Methodology

The evaluation methodology to be used for the evaluation of bids received shall be the Quality and Cost Based selection (QCBS) methodology. The Quality and Cost Based selection methodology recommends the highest scoring bid, which is substantially responsive to the technical and financial requirements of the Bidding Document where Technical Shall be 75% and financial 25%. The evaluation shall be conducted in two sequential stages-

1. a) The technical quality of bids against set criteria on a merit point system, to determine the technical score of each technical bid.
2. b) A financial comparison to determine the financial score of each financial bid, and to determine the total score of each bid.
3. c) For any financial proposals that shall not be in Ugandan Shillings the Prevailing info Euro rate for the deadline day shall be used to convert the proposal for purposes of evaluation.
4. d) The minimum technical score required to pass the technical evaluation is: 50 points. Bids scoring less than this will be rejected.

1.6.1   Determination of Best Evaluated Bidders

That bid achieving the highest combined technical and financial score shall be the Best Evaluated Bid.

• Determination of responsiveness

Prior to the detailed evaluation of the proposals, DefendDefenders will determine whether each proposal is substantially responsive to the requirements of the request for proposals. A substantially responsive proposal is the one, which conforms to all the terms, conditions and terms of reference of the request for proposals without material deviation or reservation. A material deviation or reservation is one:

1. Which affects in any substantial way the scope, quality or performance of the services.
2. Which limits in any substantial way, inconsistent with the request for proposals, DefendDefenders rights or the proposer’s obligation under the eventual contract
3. Whose rectification would affect unfairly the competitive position of other proposers presenting substantially responsive proposals.

If a proposal is not substantially responsive, DefendDefenders will reject it.

• Correction of Errors

Proposals determined to be substantially responsive will be checked by DefendDefenders for any arithmetic errors in computation and summation. Errors will be corrected as follows: The corrected errors, with the concurrence of the proposer, shall be binding upon the proposer. If the proposer does not accept the corrections made of the proposal, his/her proposal will be rejected.

• Technical and Financial Proposals

The technical proposals shall be submitted guided by the Terms of Reference and Application Format for the technical Proposal in the RFP. The financial proposal shall be submitted guided by the budget format.

DefendDefenders reserves the right to accept or reject any proposal and to annul the solicitation process without incurring any liability to the affected bidders or any obligation to inform them of the grounds for DefendDefenders’ action.

• Signing of the Contract

After DefendDefenders notifying a successful proposer that his/her proposal has been accepted, DefendDefenders will send a copy of the contract to the successful bidder and within five days of receipt of the contract, the bidder shall sign and date the contract and return it to DefendDefenders.

• Proposal Validity

The proposals shall remain valid and open for acceptance for a period of 30 days from the date of closing.

1.11    CURRENCY OF PROPOSAL

Offers are to be made in Uganda Shillings.

Please note that the prospected contract will be in Uganda Shillings, any proposals or offers that shall be made is a currency other than the one specified shall be converted to Uganda shillings using the info Euro exchange rate on the Date of Bid closing.

1.12 Summary of the Procurement Timelines