Pre-qualification for repairs of the Bushara water reservoir that was damaged by lava

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Mercy Corps – DRC

   Pre-qualification for repairs of the Bushara
   water reservoir that was damaged by lava

                 Tender Number: MC-DRC-PRQ-001-2021

   Closing Date: Friday, August 20, 2021, at 16:30 pm (Goma Time)

Tender # MC-DRC- PRQ-001-2021 Pre-qualification for repairs of the Bushara water reservoir that was
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1         Introduction

      Mercy corps has been operating in Democratic Republic of the Congo (DRC) since August 2007
      in North Kivu, South Kivu , Province Orientable and Kinshasa . Currently Mercy Corps activities
      focus on provision of water, Sanitation and Hygiene (WASH) services in camps of internally
      displaced people and also large –scale WASH infrastructure and service delivery development
      in urban centers with an increasing shift towards transitional and integrated development
      programming.

      On Saturday, 22nd May, 2021, the Mount Nyiragongo volcano, which lies about 12km north of
      the Democratic Republic of Congo’s (DRC) eastern provincial capital, Goma, erupted without
      warning at 7 pm local time. As the lava flowed and the skies turned red, thousands of panicked
      residents fled their homes, crossing the border into Rwanda or towards Sake, 25 km north-west
      of Goma.

      The Bushara Reservoir is a 5000m3reinforced concrete reservoir providing water to the
      northern areas in the city of Goma, had suffered significantly from the lava spread, with severe
      damage to the exterior concrete on three sides of the reservoir. On the northern side, the
      concrete had spalled off right down to the external reinforcement. The reservoir is repairable,
      and that the damage has not permeated right through to the interior of the tank.

1.1       Procurement Description

 Expression Of Interest (EOI) shall be developed in strict accordance with this request and are to be
evaluated in a transparent manner by a committee of reviewers, per the provided evaluation criteria.
The purpose of this public expression of interest is to shortlist regional contractors for repair of
Bushara reservoir. Only shortlisted regional contractors will receive future Requests for Bids (project-
specific plans, specifications, and bills of quantities) whereby the contract award will be issued to
the lowest, responsible, and responsive bid.

Applicants that are awarded subsequent tenders will be required to provide bid bonds, performance
bonds and warranty bonds. By submitting the expression of interest (EOI), the company
acknowledges its acceptance to MC bonding policy.

1.2       General Description of the Proposed repair of Bushara reservoir

      Mercy corps DRC invites Expression of Interest (EOI) from regional contractors, wishing to be
      qualified to tender for the proposed contract for repairs to the Bushara reservoir constructed
      under the IMAGINE programme that was damaged by Lava.
      A detailed assessment of the lava damage was conducted in July 2021. The final repairs will
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be done once the results of the assessment are completed. Generally, the scope of work
      under the proposed contract will include: -
      i.      Site and lava clearance around Bushara reservoir.
      ii.    Excavation for construction of foundation for damaged area.
      iii.   Supply, cut and fix the steel bars of different diameters.
      iv.    Supply, place, compact and cure concrete or gunite in accordance with specification as
             per repair recommendations.
      v.     Supply and install pipes and fittings on Bushara reservoir.
      vi.    Supply and install Electromagnetic water meter in pipe chamber.
      vii.   Supply, install solar streetlight around Bushara site and solar system for operators.
      viii.  Supply and construction of chain link fence around Bushara site.
      ix.    Construction of sanitary facilities at Bushara site.
      x.     Test and sterilization of the Bushara reservoir.

      Please note that this is a brief overview of the scope of work. More details will be included in
      the tender documents that will be provided to shortlisted contractors who will be invited to
      submit tender.

2        Submittal instructions

2.1      Schedule

The following is a schedule of Project milestones; all dates are subject to change.

 Milestone                                                                   Date
 Issue EoI                                           Wednesday, August 11, 2021,

 Deadline for Questions                              Monday, August 16, 2021, at 4:00 pm (Goma Time)
 Mercy Corps to Provide Responses to all Wednesday, August 18, 2021, at 4:00 pm (Goma
 Questions                               time)
 Statement of Qualifications Due         Friday, August 20, 2021, at 4:00 pm (Goma Time)
 (Deadline for EOI Submission)
 Announcement of Shortlisted Contractors Friday, September 3, 2021,

2.2        Obtaining the EOI package:

Request of qualifications documents can be obtained from one of the following websites:

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 www.kivu10.org
       www.bizcongo.cd
       www.mercycorps.org/tenders

2.3      Submittal Requirements and Format

Mercy Corps will accept EOI’s either as soft copy or hardcopy as follows:

      1- Hard Copy submission of EOI:

The hardcopy of the expression of interest (EOI) shall be submitted at Mercy corps tender box
with office address located at No. 21 Avenue Bounganvelier , Q. Les Volcans, Goma , North kivu,
Democratic Republic of Congo , deadline as detailed in section 2.1 of this document.

      2- Soft Copy submission by email:

      The soft copy of EOI shall be sent to the Email address tenders@mercycorps.org
      before the submission deadline as detailed in section 2.1 of this document.

      The size of one Email should not exceed 15 MB. (If the document exceeds 15 MB you may split
      them and submit in more than one email)

      MC will not consider any EOI sent to another Email address.

EOI’s shall follow the requirements and format described in this RFQ. Applicants must use the document
format outlined in section 3.5. Any EOI that fails to meet the deadline, format, or delivery requirement may
be rejected without having been opened, considered, or evaluated.

2.4      Questions and Answers

Any question or request for clarifications regarding this pre-qualification process should be sent to:

                                   cd-tenderdrc@mercycorps.org

The questions should be sent before the question deadline as listed in section 2.1; MC has the right not to
consider any questions after the deadline.

 All received questions along with answers will be shared with all prospective contractors who download
the EOI package. They will also be answered via drctendersubmissions@mercycorps.org before the
deadline of the answers as listed in section 2.1.

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2.5      Acceptance of Successful Response

Documentation submitted by applicants will be verified by Mercy Corps and evaluated as per
established criteria. Only qualified, shortlisted contractors will be invited to submit a bid subject to
the Mercy corps bidding procedure and conditions. Mercy Corps is not committed contractually in
any way to those applicants whose applications are accepted. Pre-qualified applicants will be
notified of pre-qualified status by email, using the contact address provided in the EOI, before 5:00
pm on the date listed in section 2.1.

2.6      Past Performance

Past performance will be given due consideration in pre-qualifying applicants. Previous contracts in line with
this pre-qualification requirement will be considered. in the due diligence stage

3. General Conditions:

3.1      Applicant Eligibility

Applicants may not apply, and will be rejected as ineligible, if they:
   ● Are not registered companies in their respective country.
   ● Are bankrupt or in the process of going bankrupt
   ● Have been convicted of illegal/corrupt activities, and/or unprofessional conduct
   ● Have been guilty of grave professional misconduct
   ● Have not fulfilled obligations related to payment of social security and taxes
   ● Are guilty of serious misrepresentation in supplying information
   ● Are in violation of the policies outlined in Mercy Corps Anti Bribery or Anti-Corruption Statement
   ● Applicant (or applicant’s principals) are on any list of sanctioned parties issued by; or are presently
        excluded or disqualified from participation in this transaction by: the United States Government or
        United Nations by the United States Government, the United Kingdom, the European Union, the
        United Nations, other national governments, or public international organizations.

Additional eligibility criteria are stated in section 4.1 of this pre-qualification package.

3.2      Mercy Corps’ Anti-Bribery and Anti-Corruption Statement

             Mercy Corps strictly prohibits:

●     Any form of bribe or kickback in relation to its activities

This prohibition includes any request from any Mercy Corps employee, consultant or agent for anything of
value from any company or individual in exchange for the employee, consultant or agents taking or not taking
any action related to the award of a contract or the contract once awarded. It also applies to any offer from
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any company or individual to provide anything of value to any Mercy Corps employee, consultant or agent
in exchange for that person taking or not taking any action related to the award of the contract or the
contract.

●     Conflicts of interests in the awarding or management of contracts

If a company is owned by, whether directly or indirectly, in whole or in part, any Mercy Corps employee or
any person who is related to a Mercy Corps employee, the company must ensure that it and the employee
disclose the relationship as part of or prior to submitting the offer.

●     The sharing or obtaining of confidential information

Mercy Corps prohibits its employees from sharing, and any applicants from obtaining, confidential
information related to this solicitation, including information regarding Mercy Corps’ price estimates,
competing applicants or competing offers, etc. Any information provided to one offer or must be provided
to all other applicants.

●     Collusion between/among applicants

Mercy Corps requires fair and open competition for this solicitation. No two (or more) companies submitting
Statements of Qualifications can be owned or controlled by the same individual(s). Companies submitting
offers cannot share prices or other offer information or take any other action intended to pre-determine
which company will win the solicitation and what price will be paid.

Violations of these prohibitions, along with all evidence of such violations, should be reported to:

                    integrityhotline@mercycorps.org
 Mercy Corps will investigate allegations fully and will take appropriate action. Any company, or individual
that participates in any of the above prohibited conduct, will have its actions reported to the appropriate
authorities, will be investigated fully, will have its offer rejected and/or contract terminated, and will not be
eligible for future contracts with Mercy Corps. Employees participating in such conduct will have his/her
employment terminated.

Violations will also be reported to Mercy Corps’ donors, who may also choose to investigate and debar or
suspend companies and their owners from receiving any contract that is funded in part by the donor,
whether the contract is with Mercy Corps or any other entity.

3.3     Certification Regarding Terrorism

It is Mercy Corps’ policy to comply with humanitarian principles and the laws and regulations of the United
States, the European Union, the United Nations, the United Kingdom, host nations, and other applicable

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donors concerning transactions with or support to individuals or entities that have engaged in fraud, waste,
and abuse.

3.4         Content

The EOI shall contain only the sections listed below, separated by dividers, and shall respond fully to all
requirements of the RFQ. See below for required sections and page limits.

The prequalification application forms which are not filled out completely and submitted in the prescribed
manner will not be considered. All the documents that form part of the proposal must be written in English
and be indelible.

4. Eligibility Criteria and Submittal Requirements

4.1        Eligibility Requirements:

In order to consider the company for the technical evaluation, the below listed eligibility requirements
must be met and the corresponding supporting documents listed in section 4.2.1 Eligibility Submittals must
be submitted with EOI’s. Prospective contractor who do not submit these documents will be disqualified
from any further technical evaluation.

  •       Proof of local/legal Business registration.
  •       Proof of local Tax registration.
  •       Supplier Self-Certification of Eligibility – Submission of Attachment 1 - Supplier Information Form.

4.2        Submittals Requirements:

4.2.1 Eligibility Submittals:
  •       Business registration certificate (e.g. to whom it may concern certificate or equivalent).
  •       Construction Contractors Association classification of the company - Grade 2 and above is required
  •       A copy of valid tax registration certificate or a copy of the latest tax clearance.
  •       Submission of filled, signed, and stamped Attachment 1 – Supplier Information Form.

4.2.2 Technical Submittals:
      •     Portfolio showing relevant construction projects (fast track small to medium scale projects) completed in
            the last 10 years. A supporting certified list from JEA/JCCA must be provided (Do not exceed 30 pages).
            Of particular interest are construction of large-scale water bearing or hydraulic structures. Indicate if your
            firm has any experience in applying structural gunite.
      •     Organizational structure showing names and positions of current employees including registration in
            Social Security for key staff (One Page only)
      •     Resumes - key Engineers and field supervisors (Do not exceed 10 pages)

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•   Provide a list of company's construction equipment (loaders, tankers, trucks, cranes, etc.). This list will be
          verified on a later stage through visits or through asking for official registration documents.
      •   Provision of company's written policy for Health, Safety and Environments. (Do not Exceed 20 pages)
      •   Provision of company Quality management system. Please provide any QA/QC certificates and ISO is
          available. (Not Exceeding 20 Pages).
      •   Provision of the financial statement for the previous 3 fiscal years as a soft copy either on CD or Flash
          Memory.

5. Evaluation Criteria

5.1       Confidentiality

Information relating to the Applications, their evaluation and result shall not be disclosed to Applicants, or
any other persons not officially concerned with the pre-qualification process until the PASS/FAIL notification
of pre-qualification results is made to all Applicants.

5.2       Technical Evaluation of applications

Mercy Corps will use criteria and requirements defined in the table below. Mercy Corps reserves the right to
waive minor deviations of compliance from the qualification criteria if they do not materially affect the
technical capability and financial resources of an Applicant.

The Expression of Interest (EOI) shall comply with the criteria established in this RFQ. Each component of the
EOI, as described in Section 3.0, will be evaluated to determine if it meets the minimum criteria. EOI
components which do not comply with the requirements of the RFQ, such as but not limited to, eligibility
requirements, minimum qualifications, page limits, and content may be disqualified. An Applicant must
receive a passing rating on all criteria.

All eligible applicants will be categorized based on their category of specialty (Construct/Repair of reinforced
concrete structure) and will be technically evaluated based on the following criteria:

                                                                                                               Maximum
      Technical Criteria                                       Requirements
                                                                                                                  Score

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Experience in performing
                                           For each project in the portfolio, the following is required:
relevant projects
Portfolio showing relevant construction    Project Location, Client, JOD Value, Duration, scope of work
projects (fast track small to medium       and any special Challenges. Projects completed with Mercy                      30
scale projects) completed in the last 10   Corps/NGOs to be listed first.
years. A supporting certified list from    (Do not exceed 30 pages)
JEA/JCCA must be provided

                                           Organizational structure showing names and positions of
                                           current employees (One Page only) including registration in                     5
Organizational Capacity and Key            Social Security for key staff
staff Resumes
                                           Resumes - key Engineers and field supervisors (Do not exceed
                                                                                                                          25
                                           10 pages)

                                           Provide a list of company's construction equipment Concrete
List of Company Equipment and              mixer,vibrators, tankers, trucks, cranes, etc..). This list will be
                                                                                                                          15
Vehicles                                   verified on a later stage through visits or through asking for
                                           official registration documents

                                           Provision of company's written policy for Health, Safety and
Health, Safety and Environment                                                                                            10
                                           Environments. (Not exceeding 20 pages)
                                           Proof of having Quality management system in place. (Not
                                                                                                                          10
Quality Assurance /Quality                 Exceeding 20 Pages).
Control                                    Please provide any QA/QC certificates
                                                                                                                           5
                                           If ISO is available.
                                                                                  Total Possible Points                   100

                                                            Minimum Passing Score = 80 Points Minimum

   5.3       Due Diligence Stage:

   The Contractors who pass the technical evaluation will go through the following due diligence steps:

                                     Due Diligence Stage                                           Basis of Evaluation
    Interviews & office/yard visit
    Client references check both internally and externally                                          Passing Required
    Ineligibility and Compliance Check RPS verification

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Financial stability of the contractor
    The company should submit the financial statement for the previous 3
    fiscal years as a soft copy either on CD or Flash Memory

6. Attachments of the Tender Package:
•     Attachment 1 – Supplier Information Form

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Attachment # 1

                            Supplier Information Form
The information provided will be used to evaluate the Company before contracting with Mercy Corps.
                                     Please complete all fields.
Supplier Information

  Company Name
  Any other names
     company is
  operating under
     (Acronyms,
   Abbreviations,
       Aliases)
 Previous names of
    the company

      Address

      Website
     Phone/Fax
                     Phone:                                  Fax:
      Numbers
                     Name:
  Primary Contact    Phone Number:
                     Email Address:
      # of Staff

   # of Locations
   Avg. Value of
   Stock on Hand
       (USD)

   Government -
  owned (yes/no)

 Name(s) of Board
   of Directors

     Name(s) of
     Company
      Owner(s)

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Parent companies,
       if any

   Subsidiary or
     affiliate
 companies, if any

Financial Information

  Bank Name and
     Address
 Name under which
    company is
 registered at bank
  Payment Terms          Payment By: Check Yes | No   Wire Transfer Yes | No
  Specify Standard
  Payment Terms
  (Net15, 30, etc.)

Product/Service Information

   List Range of
 Products/Services
      Offered

  Basis For Pricing
 (Catalog, List, etc.)

References

    Client Name:         Contact Name, Phone, Email Address:

    Client Name:         Contact Name, Phone, Email Address:

    Client Name:         Contact Name, Phone, Email Address:

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Supplier Self-Certification of Eligibility

Company certifies that:

    1.    It, its affiliates and subsidiaries, owners, officers, directors and key employees (to the best of its
          knowledge) are not the subject of any government’s sanctions, designations, donor rules or
          prohibitions, or laws prohibiting transactions with it/them. It is not the subject of any donor government
          investigation into its misconduct with any other recipient of that donors funding.
    2.    It, its affiliates and subsidiaries, owners, officers, directors and key employees have not and do not
          engage in any form of terrorism or attacks on civilians and do not provide any form of material support
          or financial resources for individuals or organizations that do engage in any form of terrorism or
          deliberate attacks on civilians.
    3.    It, its affiliates and subsidiaries, owners, officers, directors and key employees have not and do not
          engage in weapons or drugs manufacture, transport, sale or distribution.
    4.    It is not in default on any material credit agreement, bankrupt or being wound up, are having its affairs
          administered by the courts, have entered into arrangements with creditors, have suspended business
          activities, are the subject of proceedings concerning those matters, or are in any analogous situation
          arising from a similar procedure provided for in national legislation or regulations.
    5.    It is has not been determined to be in breach of a material contract by any legal body anytime within
          the past 2 years.
    6.    It pays taxes as and when due and is not currently the subject of any investigation or proceeding
          related to back-owed taxes.
    7.    It provides workers compensation insurance to its workers in accordance with the laws of the countries
          where it operates.
    8.    It pays social security obligations as required in the countries where it operates.
    9.    It, its owners, officers and directors have not been convicted of an offense concerning its professional
          conduct and has not engaged in grave professional misconduct.
    10.   It, its affiliates and subsidiaries, owners, officers, directors and key employees have not been the
          subject of criminal investigation or judgement for fraud, corruption, human trafficking, spying, weapons
          transport or smuggling, sexual exploitation or abuse, internal sexual misconduct, abuse or exploitation
          of children, involvement in a criminal organization or any other criminal activity.
    11.   It treats its employees with dignity and respect and maintains social operating standards, including:
          working conditions and social rights; avoidance of child labor, bondage, forced labor, human trafficking
          or exploitation; assurance of safe and reasonable working conditions; freedom of association; freedom
          from harassment (including sexual harassment), exploitation, abuse, bullying and discrimination;
          protection of basic social rights of its employees and Mercy Corps beneficiaries.
    12.   To the best of its knowledge, no Mercy Corps employee, officer, consultant or other party related to
          Mercy Corps has a financial interest in the Company’s business activities, nor is any Mercy Corps
          employee related to any owner, officer, director or employee of the company, and, if so, it will ensure
          that the relationship is disclosed to Mercy Corps and will not used for improper influence. Discovery
          of an undisclosed Conflict of Interest will result in immediate revocation of the Company’s Authorized
          Supplier status and disqualification of Company from participation in future Mercy Corps procurement.
    13.   It understands that attempting to or agreeing to provide anything of value to any Mercy Corps
          employee, agent or representative for the purpose of encouraging that person to award Company a
          contract or take or not take any action related to any contract will result in immediate termination of
          any agreement. Company certifies that it does not engage in such conduct..
    14.   It understands that Mercy Corps seeks fair and open competition and the fairest price available and
          that any attempt by company to subvert fair and open competition, including working with other bidders
          to fix prices, working to exclude competition, seeking confidential information from Mercy Corps or
          other bidders, using multiple related or controlled companies to give the appearance of competition,
          or any similar activity, will result in termination of any agreement. Company certifies that it does not
          engage in such conduct.
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15. It understands that Mercy Corps prohibits any of its partners or suppliers from bribing public officials
        and certifies that it does not do so.
    16. It is not conducting business under other names or aliases that have not been declared to Mercy
        Corps.

If the Company cannot certify to any of the above it should explain why not. Mercy Corps may take the
individual circumstances into account for some situations. However, any false certification could be grounds
for immediate disqualification and termination of any future agreement.

By signing the Supplier Information Form you certify that your Company is eligible to supply goods and
services to major donor funded organizations and that all of the above statements are accurate and factual.

Company Name:

Name of Representative:

Title:

Signature:

Date:

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FOR MERCY CORPS USE ONLY
Following documents have been provided

 Documents
 Legal Business Registration
 Latest Tax Registration Certificate
 Company Profile
 References from previous work projects
 ID – Passport ID page of the Company principal
 Other supporting document as per Tender Package
 [Insert other supporting document as per Tender Package]

I ________________________ an employee of Mercy Corps having completed and reviewed this form
confirm the accuracy of information provided:

Name                 ______________________________

Title                ______________________________

Signature            ______________________________

Date*                ______________________________

*Supplier to be re-authorized one year from this date.

        ---------------------------------------------------------------------------------------------------------------------------------

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