RFP template for Local Law compliance Feb 2017

REQUEST FOR PROPOSALS EGPAF-DRC/03/P&L/1117 

Limited Procedures Engagement to Assess Compliance with Local Laws
in support of
ELIZABETH GLASER PEDIATRIC AIDS FOUNDATION (EGPAF or Foundation)
63 Avenue Colonel Mondjiba, Concession COTEX
Batiment N0 10 B1 Kinshasa Ngaliema, DR Congo 

Firm Deadline: December 15th, 2017. Time: 5:00 PM

BACKGROUND

EGPAF is seeking a qualified company or individual to perform a Limited Procedures Engagement to assess the Foundation’s compliance with local law in the Democratic Republic of Congo. The Foundation is an international NGO operating in 19 countries that is registered as a nonprofit organization in the aforementioned country.

PURPOSE/SCOPE OF WORK

Please see Attachment 1 for a full detailed scope of work for the Limited Procedures Engagement.

TIMEFRAME

The engagement must be completed by January 31, 2018.  Applicants unable to complete the engagement by this date will not be considered.

DELIVERABLES

The selected contractor will provide an assessment report of the Foundation’s compliance with local laws.  The report will include all areas tested and a full description of the level of compliance of the Foundation in each area.  For any non-compliant or partially non-compliant areas the contractor will provide detailed recommendations on how to correct the areas of non-compliance.

FOUNDATION RESPONSIBILITIES:

The Foundation will provide the selected company or individual with appropriate space within its offices for the assigned staff to work.  In addition, all necessary files will be made available to the company/individual. Further, the company/individual will be provided with one primary point of contact for all enquiries during the assessment process.

LOGISTICS:

The audit will be conducted at the Foundation’s office located at: 63 Avenue Colonel Mondjiba Concession COTEX, Batiment N0 10 B1 Kinshasa Ngaliema, DR Congo as well as the company/individual’s place of business.

KEY CONTRACT TERMS:

This contract will be a fixed price contract.  No additional costs outside of the winning company or individual’s fixed price will be considered.

All deliverables provided to the Foundation must be furnished for the use of the Foundation without royalty or any additional fees.

All Materials will be owned exclusively by the Foundation and will be for Foundation internal use only.  Consultant will not use or allow the use of the Materials for any purpose other than Consultant’s performance of the Contract.

EVALUATION CRITERIA & PROPOSAL SUBMISSION INSTRUCTIONS:

All proposals will be evaluated by the Foundation against the following criteria and proposals must contain all of the elements in the Submission Requirement Column below:

• Confirmation that all work can be completed during the timeframe indicated in this RFP.

All applicants are required to be registered and authorized to perform the scope of work in the place of performance.

PROPOSED TIMELINE:

•  December 1st, 2017 – Release of RFP
• December 8, 2017 – Submission of Contractual and Technical Inquiries: DRCprocurement@pedaids.org  

No phone calls please.

• December 12th, 2017 – Question and Answer Response Document posted on EGPAF website at https://www.pedaids.org/pages/contracting-opportunities.
• December 15th, 2017: - Completed proposals must be delivered electronically by the deadline mentioned on page one to: DRCprocurement@pedaids.org
• January 15, 2018:  – Final decision announced and Offerors notified
• January 22nd, 2017: – Contract executed and Services begin.

Please note it is our best intent to comply with the above timeline but unavoidable delays may occur.

ADDITIONAL INFORMATION

All proposals and communications must be identified by the unique RFP# reflected on the first page of this document.  Failure to comply with this requirement may result in non-consideration of your proposal.

Any proposal not addressing each of the foregoing items could be considered non-responsive.  Any exceptions to the requirements or terms of the RFP must be noted in the proposal.    The Foundation reserves the right to consider any exceptions to the RFP to be non-responsive.
Late proposals will be rejected without being considered.
This RFP is not an offer to enter into agreement with any party, but rather a request to receive proposals from persons interested in providing the services outlined below.  Such proposals shall be considered and treated by the Foundation as offers to enter into an agreement.  The Foundation reserves the right to reject all proposals, in whole or in part, enter into negotiations with any party, and/or award multiple contracts. 
The Foundation shall not be obligated for the payment of any sums whatsoever to any recipient of this RFP until and unless a written contract between the parties is executed.
Equal Opportunity Notice.  The Elizabeth Glaser Pediatric AIDS Foundation is an Equal Employment Opportunity employer and represents that all qualified bidders will receive consideration without regard to race, color, religion, sex, or national origin. 
ETHICAL BEHAVIOR: 
As a core value to help achieve our mission, the Foundation embraces a culture of honesty, integrity, and ethical business practices and expects its business partners to do the same.  Specifically, our procurement processes are fair and open and allow all vendors/consultants equal opportunity to win our business.  We will not tolerate fraud or corruption, including kickbacks, bribes, undisclosed familial or close personal relationships between vendors and Foundation employees, or other unethical practices.  If you experience of suspect unethical behavior by a Foundation employee, please contact fraud@pedaids.org or the Foundation’s Ethics Hotline at www.reportlineweb.com/PedAids/Any vendor/consultant who attempts to engage, or engages, in corrupt practices with the Foundation will have their proposal disqualified and will not be solicited for future work.

Attachment 1: Detailed Scope of Work

The Contractor will perform a detailed assessment of the Foundation’s compliance with applicable local laws within the country indicated in Background Section of this RFP. This assessment will include the following areas:

•  Legal Registration – The Contractor will assess whether the Foundation is registered correctly in the relevant country, assessing whether the Foundation is registered under the correct law and implementing regulations for international NGOs. In addition, the Contractor will assess the Foundation against all applicable requirements and laws of the correct registration type (e.g. reporting requirements, audited annual returns, document retention requirements, etc.) to ensure the Foundation is up-to-date and completely compliant with the relevant requirements and laws.

• Taxation – The Contractor will assess whether the Foundation is compliant with all applicable and relevant taxation requirements applicable to the organization.  This includes but is not limited to income tax (related to permanent employees, expatriate employees, temporary employees, interns, part-time employees, volunteers, local and international consultants, and any other relevant classifications within country law), and Value-Added Tax.

• Human Resources – The Contractor will assess whether the Foundation is in compliance with all applicable human resource laws and regulations.  This assessment includes a review of our fringe benefit package, overtime practices, paid leave practices, quotas or limitations on expatriate positions, employee labor categorization practices (core staff, seconded staff, consultants, temporary employees, etc.), requirements for displayed office notices, requirements for employees that are not citizens of the country in question, as well as any other relevant HR laws and requirements.

• Other requirements – Contractor will assess the Foundation’s compliance with any other relevant laws or requirements applicable to the Foundation and it registration status. The Contractor will also assess compliance with local or municipal laws.