Recrutement d’un consultant pour l’examen postérieur à la passation de marché (PPPR) du projet de projet national de drainage III (NDP III) en Égypte

AFRICAN DEVELOPMENT BANK GROUP

North Africa I Afrique du Nord I RDGN

5, Avenue du Dollar, les Berges du Lac II, Tunis 1053, Tunisie http:/www.afdb.org

REQUEST FOR EXPRESSIONS OF INTEREST

FOR AN INDIVIDUAL CONSULTANT

Title of the assignment : Consultant for Post Procurement Review (PPPR) for Project National Drainage Project III (NDP III) in Egypt

Brief description of the Assignment :

All procurement of goods, works and consulting services financed by the Bank under the National Drainage Project III (NDP III) in Egypt are in accordance with the Bank’s Rules of Procedure for Procurement of Goods and Works or, as appropriate, Rules of Procedure for the Use of Consultants, dated May 2008 and revised July 2012, using the relevant Bank Standard Bidding Documents. For National competitive bidding foreseen for small and medium works at regional level, an acceptable Bidding document in Arabic is developed and used. The Post Procurement Review (PPPR) includes a review of a representative sample of contracts for goods, works and consulting services financed under the financing agreement concluded with the borrower.

For long term improvement and enhancement of the performance of procurement of goods, works and services, the Bank undertakes PPPR missions on an annual basis. Those reviews are intended to identify problem areas in order to (i) provide, when it is still possible, the necessary corrective measures to the procurement practices used by the project and contribute to the improvement of their execution, and (ii) to apply lessons learned in new operations. To achieve this overall objective, the Fiduciary and Inspection Division of the Bank conducts PPPR for ongoing projects and studies.

The PPPR includes a review of a representative sample of contracts for goods, works and consulting services financed under the Project National Drainage Project III (NDP III) in Egypt.

Please see the Terms of Reference attached to this Request for Expression of Interest.

Department issuing the request : RDGN.4

Place of assignment : Egypt

Duration of the assignment : 10 working days

Tentative Date of commencement : 20 November 2019

Deadline for applications : 7 November 2019

Applications to be submitted to :

Ms. Souad Ben Yahya, Team Assistant (RDGN): S.BENYAHYA@AFDB.ORG ;

With copy to Dr. Elke Kristina Paschl (E.PASCHL@AFDB.ORG), Chief Legal Counsel/Procurement Specialist of the Procurement and Fiduciary Services Department (SNFI)

Any questions and requests for clarifications may be sent to:

Dr. Elke Kristina Paschl (E.PASCHL@AFDB.ORG), Chief Legal Counsel/Procurement Specialist of the Procurement and Fiduciary Services Department (SNFI)

Terms of Reference :

Project Post Procurement Review (PPPR)

Egypt : National Drainage Program III

BACKGROUND :

1. The Egyptian Public Authority for Drainage Projects (EPADP) has received a loan from the African Development Bank to finance the National Drainage Program (NDPIII) Project ;

2. The NDP aims to optimize the benefits of irrigation by draining excess irrigation water from agricultural land in order to reduce water logging and consequent soil salinity, in addition to making more land available for cultivation. This is expected to result in higher crop yields in the target areas, higher farm incomes, and increased food security and poverty reduction in general. Water logging and the resulting soil salinity can reduce crop productivity by 20-30%. The NDP is composed of 3 components namely: (i) Construction and Rehabilitation of Subsurface and Surface Drainage; (ii) Strengthening EPADP Capacity for Operation and Maintenance; and (iii) Project Coordination and Management.

Project Components :

Component	Est. cost	Component Outputs
	(EUR
name
	million)
1. Construction	59.95	•	The installation of new sub-surface drainage
and		systems in an area of 10,000 feddans;
Rehabilitation		•	Replacement and/or rehabilitation of old
of Subsurface		subsurface drainage systems in an area of 105,000
and Surface		feddans; and
Drainage		•	The deepening and re-modelling of existing
		surface drains in an area of 10,000 feddans.
2. Strengthening	14.16	Purchase of equipment, machinery and spare parts for
EPADP		operation and maintenance, including:
Capacity for		• Machinery (2 hydraulic excavators, 2 backhoe
Operation and
		loaders, 5 utility vehicles (4X4), 20 pickups, 8
Maintenance
		Minibus/Vans, 4 Microbuses, 1 semi-bed trailer, 4
		tractors, 150 Motorcycles);
		• Spare parts and raw materials for the EPADP plastic
		pipe manufacturing factory, and for the heavy
		machinery;

Component	Est. cost	Component Outputs
	(EUR
name
	million)
		•	Equipment including routers, switches, servers,
		software and water quality testing equipment;
		•	Training for Collector Users’ Associations and for
		EPADP staff (O&M, integrated water management
		systems, gender mainstreaming);
3. Project	0.89	•	Project Management
Coordination		•	M&E
and		•	Financial Management, Audit, etc.
Management

3. All procurement of goods, works and consulting services financed by the Bank under the Project are in accordance with the Bank’s Rules of Procedure for Procurement of Goods and Works or, as appropriate, Rules of Procedure for the Use of Consultants, dated May 2008 and revised July 2012, using the relevant Bank Standard Bidding Documents. For National competitive bidding foreseen for small and medium works at regional level, an acceptable Bidding document in Arabic is developed and used. To that extent, the Arabic version of the Bidding document used in the previous World Bank projects with the NDIP has been adjusted and used. The decision of using an Arabic version of bidding document for small and medium works is based on lessons learned in the country.

INTRODUCTION :

1. The African Development Bank’s Rules and Procedures for the Procurement of Goods and Works and for the Use of consultants (May 2008 edition, revised July 2012) specifies that the responsibility for the implementation, and therefore the award and administration of contracts under the project, rests with the Borrower (section 1.2). The Bank for its part, is required by its Charter to “…ensure that the proceeds of any loan made or guaranteed by it are used only for the purposes for which the loan was granted, with due attention to considerations of economy and efficiency”. To this end, section 1.11 of the “rules” stipulates that the Bank reviews the Borrower’s procurement procedures, documents, bid evaluations, award recommendations, and contracts to ensure that the procurement processes are carried out in accordance with the agreed procedures ;

2. For long term improvement and enhancement of the performance of procurement of goods, works and services, the Bank undertakes PPPR missions on annual basis. Those reviews are intended to identify problem areas in order to (i) provide, when it is still possible, the necessary corrective measures to the procurement practices used by the project and contribute to the improvement of their execution, and (ii) to apply lessons learned in new operations ;

3. To achieve this overall objective, the Fiduciary and Inspection Division (SNFI.1) conducts PPPR for ongoing projects and studies in a number of selected countries ;
4. The PPPR includes a review of a representative sample of contracts for goods, works and consulting services financed under the financing agreements concluded with the borrowers.

Objective of the PPPR :

While conducting the PPPR, the Consultant should note the following :

1. The objective of the PPPR is to assess: the quality of procurement management for the above-mentioned projects, to determine whether it is necessary to make recommendations for improvement, propose corrective measures and, where appropriate, to draw lessons for future Bank projects in the sector in the above-mentioned countries in particular and in general for future complex operations ;
2. Procurement processes included in the sample may be ongoing, or, the no objection for contract award has been already been granted by the Bank, as well as completed contracts. In order for the sample to be representative it will be based but not limited to the following :

• Different types of contracts, (ii) different procurement methods (International Competitive Bidding (ICB) , National Bidding (NCB), Shopping, Direct Contracting, selection of consultants based on quality and cost, selection of consultants based on cost (LCS), selection of individual consultants, etc..), (iii) the degree of complexity of the contracts, (iv) the review procedures for obtaining the Bank’s no-objection (prior or post), the number of approved contract amendments, (vi) the number of requests to change the method of procurement ;
• A sufficient number of contracts should be reviewed in order to ensure on the one hand, compliance with the procurement method specified in the Loan Agreement, and secondly, compliance of the procedures used with those of the Bank. Finally, a specific review will be made when the procurement process has been the subject of a complaint from bidders.

Scope of the Mission :

1. The Consultant shall assess the following aspects of the procurement processes conducted under the above-mentioned Project :
2. Efficiency of procurement (adherence to procurement plans, processing time by the Borrower and the Bank, etc.) ;
3. Risks relating to compliance with the Bank’s procurement principles, procurement monitoring, skills and capacity of the executing agency, and more generally those related to the national procurement system ;
4. Compliance with the methods of procurement specified in the loan agreement ;
5. Clarity and transparency of the bid evaluation and the criteria for selection of consultants ;
6. Compliance of the signed contract with the final approved bidding document; VI. Eligibility of expenses ;
7. Causes of delays if any, and ;
8. Disbursement rate to highlight, where appropriate, the relationship between the delay in disbursements and procurement process.

While conducting the PPPR, the review shall cover (but not be limited to) the following :

1. Procedures for advertising: the requirements of the place of publication, indications of funding from the AfDB, the deadline for submission and opening of bids, required bid securities, the address for receiving tender documents and clarifications, preferences, national / regional ICB, etc.. ;
2. Pre-qualification (if applicable)/shortlisting: consistent with the R & P, the maximum number of firms, joint ventures, multiple submissions by a single firm, no-objection by the Bank, etc…;
3. The bidding documents: using the appropriate standard document, eligibility of bidders, bid security and performance bonds, currencies, price adjustment formulas, the evidence of the bidder’s ability to perform the contract, the criteria for evaluation, technical specifications, terms of reference, the no-objection of the Bank, etc…;
4. Check validity periods of bonds and make sure all performance guarantees will be covered for the whole period of the contracts subject to the PPPR and review the conditions of the sales of the bidding documents (BD) in terms of cost effectiveness and whether the sales of BD were returned to the Project.

Bid opening procedures: adherence to the deadlines for submissions, the period between the closing date and the opening of bids, recording the presence of bidders’ representatives, the rejection of late bids, opening of all bids and timely reading of the details of each bid, minutes of bid opening including discussion of complaints received at the time of bid opening;

VI.	The evaluation report: the correction of arithmetical errors, the use of evaluation criteria
	other than that specified in the bidding document, the adherence to the commercial,
	technical and financial requirements of the bid, the identification of minor or major
	deviations, the use of domestic or regional preferences if applicable, the validity of the
	bid and bid security, the award of contract to the lowest technically responsive bid, the
	no-objection of the Bank to the proposed award, the notification of award of contract,
	the performance bond, consistency with the validity requirements, the minutes of
	negotiations for consultants’ contracts and amendments to contracts for goods, works
	and services etc..; and
VII.	Complaints received by the bidders or other interested parties, including resolutions
	involving the Bank, should be noted.

Output :

The consultant will present his/her findings to the Bank in the form of a PPPR in one electronic copy. The report will follow a format, which shall include, but not limited to the following :

1. Executive Summary ;
2. Basic Information ;
3. General Procurement Information ;
4. Introduction [brief description of purpose and objective of the IPR] ;
5. Selection of the Contract Samples to be Reviewed [brief description of the selection of the contract sample and summary list of the contracts reviewed, including procurement category, procurement method, contract number, contract date, short contract description, name of contracting agency, name of contractor/supplier/consultant, contract amount] ;
6. Findings on the Review of Procurement Processes (Compliance) [brief description of findings on procurement processes, including procurement planning, publications, bidding, evaluation, and award] ;
7. Findings on the Review of the Procurement System (Capacity) [brief description of findings on procurement system, including legal framework, organization/staffing, controls/manuals, and record keeping] ;
8. Findings on the Review of Contract Administration (Performance) [brief description of findings on contract administration, including implementation, payments, and compliance] ;
9. Indication of Possible Fraud or Corruption & Red Flags [brief description of any findings on possible fraud or corruption related to the procurement system, procurement processes, contract administration, or any other related issues at contract, project, sector, our country level] ;
10. Progress of Implementation of Recommendation in the Last Post Review [brief description of the progress with regard to the recommendations and actions submitted in the past post review] ;
11. Risk Rating & Recommendation [overall risk rating, risk rating of procurement system, risk rating of procurement processes; risk rating of contract administration].

The Bank will review the draft PPPR and furnish its comments in writing within 10 calendar days of receipt of the draft report. The consultant shall address comments related to issues, gaps or improvement of the quality of the report and produce a final PPPR within 5 calendar days after the Bank has furnished its comments to the consultant :

• Supervision & Reporting : The consultant will work under the supervision of the following Bank staff: Dr. Elke Kristina Paschl (e.paschl@afdb.org), Chief Legal Counsel/Procurement Specialist of the Procurement and Fiduciary Services Department (SNFI) and Task Manager (TM) for this PPPR ;
• Contribution by the Bank : The Bank will provide the consultant with all the documents that may facilitate the consultant while performing this assignment, including the latest PPPR produced in 2018 for the Program ;
• Commencement Date, Duration of the Assignment : The assignment is estimated to commence mid November 2019 and the consultant will be required to work for 10 working days. The final time schedule and the exact dates of the missions to Cairo, Egypt will be agreed upon with the selected consultant ;
• Travelling Requirements : While performing the assignments the consultant will be expected to travel to Cairo, Egypt.

Essential Specialized Skills/Competencies : 

• The consultant to be recruited will be a public procurement professional of repute, who has been actively involved in development and review of policy documents in large Public Sectors or International Organizations in the field of public procurement. Knowledge of Africa will be an asset ;
• The consultant shall have a Master’s degree in a relevant discipline (e.g. engineering, science, law, procurement, business or commerce). He/she shall justify of at least 15 years of experience, out of which 10 years of specific experience in the field of procurement.

This should include :

• Good knowledge of concepts, principles and practices which govern international procurement and also development of public procurement policies (including reforms) ;
• Very good understanding of critical linkages and relationships between (i) business operations and objectives and (ii) Procurement policy and processes ;
• For the purpose of ensuring this capacity, he/she should have an in-depth understanding of Multilateral Development Banks’ operational and procurement policies and practices related to project/sector work, and in particular applying to a wide range of international organizations’ lending operations at all phases of the project cycle ;

• Demonstrate good knowledge with methodologies for evaluating procurement systems, including the Methodology for the Evaluation of Procurement Systems (MAPS) ;
• Ability and experience in (i) working under pressure; and (ii) assessing procurement training needs and preparing related training material ; and
• Knowledge of AfDB’s environment and operational policies will be an advantage ;
• In order to facilitate the proper execution of the mission, the Consultant must be conversant in English and Arabic.

Please attach an updated Curriculum vitae on the basis of the template attached.

MODEL CURRICULUM VITAE – AFDB BAD PDF