Request for Proposal (RFP)– Capacity Building for SMEs and Competition Policy (EC 07 2014A)

Drafting Note: For Contracts valued over US$20,000.
This template is to be used for routine procurement of general goods and services with an estimated value over USD20,001.

Instructions to assist you to complete this RFPare inserted as comments in text boxes beside the relevant section. You need to insert details wherever the text is highlighted in yellow. Standard model clauses are in normal black text and not highlighted. Don’t forget to delete any options you do not use.

Introduction

AThe APEC Secretariatis seeking proposals for the provision of the Services described in RFP Schedule 1 – Statement of Requirement.

BEach Bidder to this RFPis expected to:

(i)fully inform themselveson all aspects of the work required to be performed;

(ii)submit its proposal on the template provided atRFP Schedule 2 –Proposal, including the signed Declaration by Bidder at the end of Schedule 2; and

(iii)submit itsproposal in accordance with RFP Schedule 1 – Statement of Requirementand with due note of RFP Schedule 5 – Evaluation Criteria.

CEach Bidder, by submitting its proposal, agrees that the proposal is subject to theRFP Schedule 4 – Standard Conditions of Proposal, and agrees to comply with those conditions. Acceptance of a proposal will occur only when a contract is executed. Any Contract will incorporate the APEC policies and guidelines identified in RFP Schedule 3 - Special Conditions of Proposal and the contract at RFP Schedule 6- Standard Contract Conditions.

DBids from contractors based in non-member economies and bids from international organisations may be considered. However, priority is given to suitably qualified tenders from member economies.

Structure of the RFP

The RFP has six parts:

  • Schedule 1: Statement of Requirement
  • Schedule 2: Proposal Template
  • Schedule 3: Special Conditions of Project Proposal
  • Schedule 4: Standard Conditions of Request for Proposal
  • Schedule 5: Evaluation Criteria
  • Schedule 6: APEC Standard Contract Conditions

RFP Schedule 1 – Statement of Requirement

Key Dates and Details

Event / Dates
Closing Time for submission of Proposals / 15 August 2015 by 1700H Philippine local time.
Method to Submit Proposal / Proposals must be submitted to:
Mr. Geronimo L. Sy
Attention: Ms. Heiddi Venecia R. Barrozo
Director
Office for Competition, Department of Justice,
Padre Faura, Ermita, Manila 1000

(PROPOSAL: Project No.EC07 2014A)
Note: Details of Project Overseer (contract value less than or equal toUS$50,000) or Program Director of APEC Secretariat (contract value more than US$50,000) to be inserted
Program Director: Mr. Alvaro Castro Espinosa
by the closing time specified above.
Proposals lodged in any manner other than as detailed in this paragraph, or are submitted after the deadline shall be deemed to be invalid and may be excluded from consideration.
Number of Copies to be Submitted / The Bidder shall submitone originalhard copy and one electronic version (in PDF format) of its detailed Proposal.
Decisions will be taken on the basis of the original hard copy written Proposal. In the event of any discrepancy between the original and copy thereof, information contained in the original hard copy shall be accepted as correct and shall prevail over any statements contained in the copies.
Contact Officer / Ms. Dashell C. Yancha-Po
State Counsel
Office for Competition
Department of Justice, P. Faura, Ermita, Manila 1000

Tel Nos (632) 521-2941 and (632) 523-8481 local 222
Expected execution date of Contract / 01 September 2015
Date Servicesare to be completed / The Services are required to be completed on or before 31 December 2015.

The Services

The APEC Secretariat is seeking proposals forCapacity Building for SMEs on Competition Policy and Law.

  1. Background

Small and Medium Enterprises (SMEs), particularly in developing economies, propel economic growth and are an important part of a competitive economy. Anti-competitive conduct by large enterprises or anti-competitive policies and practices can inhibit the growth and sustainability of SMEs. The Competition Policy and Law (CPL) framework provides mechanisms that address anti-competitive conduct and practices. However, the effectiveness of CPL is diminished by the lack of awareness amongst SMEs of CPL and by inadequate institutional support for SMEs to challenge anti-competitive behavior.

An effective and well-functioning CPL framework can protect SMEs from the damaging conduct of large enterprises by promoting ethical trade practices that will balance the competition in the market and level the playing field, thus making it easier for SMEs to compete, particularly within the context of regional economic integration. Experiences in other countries demonstrate that SMEs with an effective working knowledge of their rights under competition law, coupled with mediation and arbitration support, have better chances at challenging large firm practices by bringing complaints to the competition authorities. There is hence a need to institute mechanisms to build the capacity of SMEs on CPL issues relevant to their needs.

While the project primarily benefits the proponent economy, it also presents opportunities for the other economies to learn, if not replicate the project to suit their respective contexts and capacities.

This project falls under Rank 1 of APEC-funded projects, particularly in promoting SME development including improving access to global markets. A strong application of CPL in any economy ideally provides benefits and protection to SMEs by deterring bigger companies from adopting abusive or other anti-competitive practices such as the imposition of artificial entry barriers to various markets. By capacitating SMEs on CPL knowledge, they can be empowered to use such knowledge to ensure that their interests are protected consequently safeguarding fair competition in the market and facilitating their access to regional and global markets.

  1. Objectives of the project

To build the capacity of SMEs on Competition Policy and Law by:

  • Identifying the key issues facing SMEs, the relevance of CPL to address these key issues and focusing the scope of CPL to address anti-competitive conduct in the market.
  • Conducting a baseline study, including regulatory impact analysis, that gathers data on issues facing SMEs which can be used by the Department of Justice – Office for Competition (OFC) and the Small and Medium Enterprises Development Council (SMEDC) of the Department of Trade and Industry (DTI) to prioritize issues.
  • Conducting focus group discussions with key umbrella associations, chambers of commerce, key SME representatives (from law and political sectors) to discuss the key SME issues and the relevance of CPL to them.
  • Conducting seminar workshop to inform umbrella associations, chambers of commerce, key SME representatives (from law and political sectors) and to educate these groups about CPL and why it is important to have a basic working knowledge of this. The workshop aims to come up with an Action Plan of SMEs on CPL issues.
  • Developing a mechanism, i.e., online portal that SMEs, associations and chambers, among others, can use as a central point of reference on CPL and SMEs.
  • Publishing and disseminating the results of the Baseline Study and the RIA; further developing the results of the FGDs as Policy Briefs in coordination with appropriate agencies and institutions. These outputs may be shared with other economies via the online portal.
  1. Scope of Services

3.1 Description of Services

The successful contractor shall undertake the project in close coordination with the Project Overseer through the project’s Contact Officer. Project implementation and coordination includes clarification and confirmation of objectives and scope of the project, conduct of the Focused Group Discussions (FGDs) and the workshop, development of the online portal as well as publication and dissemination of reports and advocacy materials.

3.2 Expected Outputs and Timelines

The successful contractor is expected to fully implement the project together with the Project Overseer. The activities, outputs and timelines are as follows:

Timeline/ Activities / Output
July- August 2015
The Project Overseer (PO) will commence and conclude a contractor selection process in close consultation with the APEC Secretariat;
The successful contractor will conclude a contract with the APEC Secretariat and the PO will begin scoping discussions with the contractor to commence the project. /
  • A contract between the winning contractor and the APEC Secretariat;
  • Mutual and clear understanding of the objectives, scope, and other requirements of the project.

September – October 2015 /
  • Desk and field research on: 1) Baseline study/mapping report on CPL issues affecting SMEs; 2) Regulatory Impact Assessment (RIA) Report on key issues impinging upon SME interests in the field of CPL.

November 2015 /
  • Conduct of four (4) focus group discussions (FGDs) with key umbrella associations, chambers of commerce, key SME representatives to discuss, validate and finalize the RIA and Baseline study earlier developed.

December 2015 /
  • Conduct of two (2) -day workshop culminating in the drafting of Action Plan of SMEs on CPL
  • Launching of SME Online Portal for CPL resources

3.3 Expected Milestone Payments Schedule

# / Services / Format / Quantity / Means of Verification / Due Date / Payment Due
(in USD, inclusive of taxes)
1 / Submission of Baseline Study/ Mapping Report / Electronic and hardcopy in MS Word
(publication-ready format) / One electronic copy / Written acceptance and certification from the Project Overseer for submission of report. / 15 October 2015 / 25%
2 / Submission of Regulatory Impact Assessment Report / Electronic and hardcopy in MS Word
(publication-ready format) / One electronic copy / Written acceptance and certification from the Project Overseer for submission of report. / 30 October 2015 / 15%
3 / Conduct of four (4) Focused Group Discussions with developed agenda / N/A / N/A / Conduct of the activity / November2015 / 25%
4 / Conduct of two (2)-day workshop with developed agenda / NA / N/A / Conduct of the activity / December 2015 / 25%
5 / Facilitate development of Online SME portal with external online portal developer and consultant / Online portal/ Technical report and description of operation / One / Functional operation of online portal / December 2015 / 10%
Total: US$ 83,939

3.4Qualifications of Bidder

The Bidder will need to supply evidence of abilityand experience to undertake the specified objectives/duties in this Request for Proposal, and explain their approach to the Services including:

  • Evidence of breadth and depth of knowledge of competition policy and law (CPL), particularly on the nuances of CPL issues for SMEs;
  • Outline of the approach to the task and methodology to be applied;
  • Breadth of experience in successfully carrying out detailed logistics of a workshop/training on CPL and/or SMEs;
  • Research and policy-writing experience on CPL and/or SMEs;
  • Demonstrated experience and expertise in undertaking similar consultancy services in competition policy and law and/or SME projects of APEC Member Economies;
  • Evidence of the capacity to deliver high quality products on time and within budget; and,
  • Proven analytical, research and good English reportorial and writing skills.

3.5 Additional requirements

It is preferable for the selected contractor to comprise a team of at least three (3) consultants – two (2) local consultants and one (1) international expert.

The selected contractor should be able to facilitate the selection and contracting of the online portal developer and consultant needed for the project. The said portal developer/consultant has separate and distinct contractor fees of US$5000 as identified in the project proposal.

3.6 Reports and Publications

Reports for publication must be prepared in accordance with the Guidebook on APEC Projects, APEC Publication Guidelines and APEC Logo Guidelines. The reportsmust be certified by the Project Overseer and endorsed by the relevant APEC Working Group or Steering Committee, prior to submission to APEC Secretariat for approval to be published.

3.7 Reporting and Coordination Arrangements

The selected Contractor will be required to liaise closely and work in collaboration with a Project Overseer in performing the Services in the Contract. The selected Contractor will keep the Project Overseer informed of progress of the work, timelines and budget. The Project Overseer will be assigned by the APEC Member Economy that has requested this project.

4. Payment
4.1 Subject to the satisfactory completion of the Services, the APEC Secretariat shall pay the selected Contractor up to US$ 83,939(Eighty Three Thousand Nine Hundred Thirty Nine United States Dollars) according to the Milestone Payments Schedule identified above at Clause 3.3. Any payment is inclusive of any Goods and Services Tax (GST) and bank charges levied by the selected Contractor’s agent and/or beneficiary banks for remittances made to the selected Contractor’s bank account.The Bidder is required to prepare a detailed itemised budget in submitting their proposal, including consultancy fees and administrative support charges, with unit cost and the number of hours/days proposed to be devoted to the project;

4.2 The APEC Secretariat shall make payment on Contractor Fee according to the Milestone Payment Schedule identified above at Clause 1.2 and/or as soon as practicable after approving the Milestone and receiving the appropriate invoices and accompanying supporting documentation from the selected Contractor. The selected Contractor must complete the Services by 31 December 2015.

5. Facilities and assistance proposed by the Project Overseer’s economy

The PO may provide working space for the contractor as necessary. The work space is located at the Office for Competition, Department of Justice, Ermita, Manila.

RFP Schedule 2 –ProposalTemplate

Instructions to assist Bidders to complete their proposalhave been included as white text on a black background.

Instruction to Bidders:

Ensure your response covers off on the evaluation criteria identified in Schedule 5- Evaluation Criteria.

Bidder’s Details

Full legal name and postal address:

Business registration number (if applicable):

Contact Officer

For all matters relating to this RFP, the Bidder’s Contact Officer will be:

Name/position title:

Telephone

Mobile:

Email:

Contract Manager

Instruction to Bidders:

Bidders should provide the requested details of the person who is the Bidder’s proposed Contract Manager, responsible for general liaison and accepting and issuing any written notices under the contract, if a contract is awarded.

Name/position title:

Telephone:

Mobile:

Email:

Bidder’s Proposal

Instruction to Bidders:

Bidders should describe how they will meet the requirements set out in Schedule 1. Include Method and Workplan.

Proven Capacity

Statement of Skills and Experience

Instruction to Bidders:

Bidders should provide evidence of their skills and experience in providing the Services. Give evidence of why you/your company/your team members are most capable to deliver the Services. Ensure this responds to the requirements of this project, identified in Schedule 1 “the Services”.

Specified Personnel

Instruction to Bidders:

List who will do what.Attach CVs where appropriate. Note that any fees shown in this table form part of the pricing itemised budget below – they are not additional. If no Specified Personnel insert “Not applicable”.

Name / Position/Role / Rate
($USD, inclusive of taxes) / Anticipated Time / Total for Person
Total (inclusive of tax) / $USD

Subcontractors

Instruction to Bidders:

Bidders must provide (in the form of the table below) details of any subcontractors that the Bidder proposes to engage to deliver the Services and an explanation for using subcontractors. If no subcontractors will be used insert “Not applicable”.

Proposed subcontractor
(full legal name) / Scope of services to be subcontracted and technical significance / Fees and associated expenses (inclusive of tax)

Pricing

1.Itemised budget (all pricing must be inclusive of taxes)

Instruction to Bidders:
Prepare a detailed itemised budget in your proposal, including specification of:

  • Consultancy fees and administrative support charges, with unit cost and the number of hours/days proposed to be devoted to the project;

If there are reimbursable items in your proposal (if stated in the RFP Schedule 1), refer to the Guidebook on APEC Projects that sets out guidelines for reimbursable items.

Conflict of Interest

Instruction to Bidders:

This is a mandatory field, a response is required.If there is no conflict of interest then state that.
If a real or perceived conflict of interest exists with the submission of a proposal, or would exist if the Bidder entered into a contract with the APEC Secretariat for the Services in this proposal, full details should be included here. Detail a plan to manage the conflict of interest.

Standards and Best Practice

Instruction to Bidders;

If there was a requirement in Schedule 1, you must respond here.

Bidders must complete and sign a Declaration in the form presented below.

Declaration by Bidder

The Bidder proposes to provide the Services described in Schedule 1 to the RFP(Statement of Requirement) on the following terms:

  • the RFP Schedule 1 - Statement of Requirement;
  • the proposal is submitted according to Schedule 2 – Proposal Template;
  • the RFP Schedule 3 – Special Conditions of Proposal;
  • theRFP Schedule 4 - Standard Conditions of Request for Proposal; and
  • the APEC Standard Contract Conditions described at RFP Schedule 6.

These documents collectively comprise the Bidder’s “Proposal”.

The Proposal

The Bidder agrees to enter into a contract to provide the Services in accordance with its Proposal in the form of the Standard Contractat Schedule 6 of thisRFPwhich incorporates by reference APECTerms and Conditions of Contract, and in accordance with APEC Guidelines referenced in RFP Schedule 3.

The Bidder agrees that the APEC Secretariat may accept or decline the Bidder’s Proposal at its discretion. No commitment or contract exists until a contract in the form of the Standard Contract is executed by both parties.

The Bidder agrees that participation in any stage of the RFP process is at the Bidder’s sole risk and cost.

Conflict of Interest

At the time of submitting a proposal, the Bidder agrees there is no conflict of interest (real or perceived) unless specifically and clearly identified in their proposal (see Schedule 2, under heading Additional Information) with a recommended plan to manage the conflict of interest.

The Bidder agrees to notify the APEC Secretariat immediately if an actual or potential conflict of interest arises.

...... / ......
Signatory’s printed name: / Signatory’s signature:
...... / ......
Signatory’s Position / Date
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Signatory’s Phone Number / Signatory’s Email Address

RFP Schedule 3– SpecialConditions of Proposal