CALL FOR EXPRESSIONs OF INTEREST

The purpose of this notice & call is to survey the interest of the market and to identify potentially suitable economic operators that are willing to tender for the procurement procedure for which the following details are hereby provided. This notice & call and its annexes are published and available for download before the deadline from the Contracting Authority website (https://www.eucap-som.eu/business-opportunities/).

Instructions to express the interest:

• Applications must be drafted in English.
• Only economic operators who are not in an exclusion situation (ref. Point 2.6.10.1. of the PRAG[1]) and who meet the selection criteria set out in this notice as per the below point 9. may be considered further.
• Expressions of interest shall be sent to procurement@eucap-som.eu by submitting the documentation specified in section 10 and utilising the annexed Application form (Annex A), Declaration on honour (Annex B) and Legal Entity Form (Annex C); deadline: 08/08/2020; economic operators expressing their interest may also send additional documentation other than the aforementioned forms and declaration, such as company presentation, relevant licenses, etc.
• The Contracting Authority reserves the right to request documentary proofs in relation to the declarations made.
• This is NOT an invitation to tender. The full tender dossier may be notified in due time to those economic operators offering the best guarantee of satisfactory performance of the contract. The Contracting Authority reserves to right to notify and invite to tender only shortlisted economic operators.

Disclaimer: This notice does not bind the Contracting Authority to launch/award a procurement procedure. Economic operators may express their interest exclusively at their own expenses; they are not entitled to claim any compensation before the contract is signed (ref. Art. 171 of the Financial Regulation 2018[2]).**

1. Procurement reference

PROC_ECS_2020_160 “Project – National Legal Adviser to the Field Office Garowe”

2. Procedure

Negotiated

3. Contracting Authority

EUCAP Somalia

4. Partner Country

Federal Republic of Somalia

5. Type/nature of contract

• Fee based Service
• Framework contract: NO

6. Contract description

6.1. Overall goal

The overall goal of the project to provide support to the Puntland State institutions in relation to:

1) The legislative process and initial implementation of the Anti-piracy law draft that has been prepared by the Ministry of Justice, Constitutional and Religious Affairs, and Rehabilitation of Puntland under guidance of EUCAP Somalia in order to amend Puntland Anti-piracy law of 2010;

2) The implementation of videoconferencing into Puntland court operations, driven by the Supreme Court of Puntland in its capacity of the administrative body tasked with the organization of the court system.

6.2. Specific objectives

1) Provide EUCAP Somalia- Field Office Garowe’s advisers with expertise and advice on Sharia law and customary law on issues related to:

a. Legislative work on the Anti-piracy law;

b. Practical implementation of videoconferencing into court proceedings.

2) Participate in meetings, workshops, conferences and other events related to the issues indicated in 6.2.1. a and 6.2.1.b and, when feasible:

a. Present and explain to key players in the legislative process international standards and solutions prepared under EUCAP Somalia’s guidance, with special focus on their compliance with Sharia principles;

b. Present and explain to Puntland judges and prosecutors international legal standards relevant for videoconferencing in court proceedings, with special focus on right to defence, right of the injured party, and public access to justice.

3) Report to EUCAP Somalia:

a. Any progress or lack of progress on the course of legislative process in regards Anti-piracy law;

b. Status of implementation of videoconferencing into court proceedings, especially in regards compliance or non-compliance with fair trial principles listed in 6.2.2.b.

4) Advise EUCAP Somalia experts on actions to be taken in order to facilitate adoption of the Anti-piracy law by the House of Representatives and its further implementation, in compliance with international standards.

N.B.: the above outlined scope of services is neither exhaustive nor definitive; it may change in time, due to Mission security/operational requirements and/or security situation in the partner country. In case of launch of the tender, the outlined scope of work will be further detailed and specified, as deemed appropriate by the Contracting Authority.

Project Management: The Services Provider will act under the direct authority of EUCAP Somalia Operations Unit, Field Office Garowe or his/her designated Deputy.

7. Indicative budget

EUR 18,000.00 – EUR 20,000.00

8. Indicative timeline

• Tender procedure: 08/2020 – 09/2020
• Contract period of implementation: eight (8) months from Contract signature, with suspension clause beyond year 2020, i.e. subject to the conclusion of the new Delegation Agreement between the European Commission and EUCAP Somalia and the extension of the mandate of EUCAP Somalia by the Council for the period beyond 31/12/2020 and allocation of the concerned funds.
• Possible renewable: NO

9. Selection criteria

Technical and professional capacity:

• University degree in Sharia and Islamic Law (awarded LL.B. degree)*;
• University degree in International Law (awarded LL.M. degree)*;
• membership of the Puntland BAR Association;
• a list or CV (incl. a sufficiently detailed description) of professional experience in legal translation and interpretation, including interpreting and translating for international organisations;
• minimum three (3) years’ experience in teaching law at academic institutions level;
• minimum one (1) year professional experience in active engagement in the review or implementation of law in Puntland in the area of human rights or transnational crime in the capacity of judge, prosecutor or adviser to governmental institution;
• excellent communication and analytical skills in both written and spoken English legal language;
• excellent communication and analytical skills in both written and spoken Somali legal language;
• working knowledge of Arabic language.

10. Supporting documents and annexes to the Call for Expressions of Interest (annexes B & C are available for download on the EUCAP Somalia Procurement Web-page)

· CV of the proposed key expert: The attached CV should only contain information that is relevant and pertinent to the above criteria and shall not exceed three (3) pages.

· A minimum of one (1) authored piece of writing in English (articles, essays, legal opinion, etc.) up to fifteen (15) pages long related to the legal area.

· Application form (Annex A)

· Declaration on honour (Annex B)

· Legal Entity Form (Annex C)

11. Award criteria

In case of launch of the tender, award criteria shall be the best price-quality ratio, in which case the Contracting Authority will take into account the price and other quality criteria linked to the subject matter of the contract, and apply a weighting formula.

[1] http://ec.europa.eu/europeaid/prag/document.do?locale=en

[2] https://ec.europa.eu/info/publications/financial-regulations_en