81306175-STE-pool to support organisational change for resource mobilisation in the mining sector in DRC

Kurze Beschreibung

Background: The Democratic Republic of Congo (DRC) has significant mineral reserves and resources. The country is Africa's leading producer of copper and the world's leading producer of cobalt. The DRC furthermore has significant deposits of hydrocarbons (oil, gas), gold, diamonds, 3T minerals (tin, tantalum, tungsten), zinc-lead, uranium, iron and manganese. The extractive industry sector has grown significantly over the past 20 years. However, the growth of the min-ing sector has not had the expected effect on the country's economic and social development and has contributed little to reducing poverty among the Congolese population.
Socio-economic analyses reveal that the mining industry is not sufficiently integrated into the country's economy. As a result, few opportunities are created for the local workforce and ac-cess to subcontracting remains limited for Congolese small and medium-sized enterprises (SMEs). Based on this observation, and coming from an often opaque and inefficient man-agement, it is necessary to transform to a more transparent and profitable governance system of the state and for all Congolese people, respecting human and labor rights as well as the environment. The revised 2018 Mining Code provides the basic legal framework for such initi-atives and includes improving the professional oversight of the artisanal mining sector.

Project Objective: The DISM project aims to support the DRC in taking advantage of the international demand for responsibly extracted raw materials and the resulting high potential to create and increase local value-added supply chains. These objectives are part of the actions and initiatives un-dertaken to significantly reduce poverty in the DRC and support the diversification of the economy, including areas around mining sites, to make the country less dependent on reve-nues from the mining sector.
In addition, the project is helping the country to foster sustainable and transparent manage-ment of the sector, promote decent employment, and improve the implementation of social and environmental standards in the mining sector.

To achieve these objectives, DISM II focuses on 4 areas of intervention:

1. Transparency and Participation which consists of supporting and strengthening civil so-ciety organizations to participate in decision-making processes regarding economic develop-ment in mining areas and transparency issues in the management of financial flows. Support is provided to the Extractive Industries Transparency Initiative (EITI) process in the DRC in order to maintain a space for dialogue and ensure the availability of data on financial flows in the sector.

2. Artisanal mining sector of the copper-cobalt belt targets training and support for actors in the artisanal copper-cobalt mining sector in the Haut-Katanga and Lualaba provinces in order to operate in compliance with international norms and standards of the extractive industry.

3. Local subcontracting and professional qualification concerns the strengthening and improvement of the capacities of SMEs in the field of subcontracting in the mining sector, in particular through the creation of information and advisory services for SMEs, support for co-ordination between economic actors and the development of professional trainings (manage-rial skills and training modules adapted to the needs of the industry and the people).

4. Revenue mobilization (co-financed by the EU) to improve the mining sector's contribution to government revenues in a sustainable and transparent manner through information ex-change between the mining administration, financial and tax authorities and the EITI; and through capacity building of the tax administration and civil society.
Most of the project's activities are in the provinces of Kinshasa, Haut-Katanga and Lualaba in the South of the DR Congo,with some interventions in North and South Kivu (Dialogue plat-form).

Beschreibung der Beschaffung

The contract is for the provision of a pool of international and national short-term experts to provide relevant expert knowledge technical advisory relating to public finance reform and economic development in DRC. The services refer to Outputs IV and III as described in the commissioning documents from BMZ. The project components support domestic ressource mobilisation in the mining sector and economic development through promoting local subcontracting and professional qualification in DRC. They are intended to increase the mining sector"s contribution to the state budget in a transparent and sustainable way and strengthen the capacities of SMEs in the field of subcontracting in the mining sector.

The services to be provided under this contract include measures for human capacity development and organisational and strategy advice in the following thematic areas:
- Improve the administration"s capacity to forecast revenues from large mining projects, based on robust institutional cooperation and routine data exchange between the Ministry of Finance, the Ministry of Mines, the Ministry of Budget and the Ministry of Planning
- Improve the administration"s capacity to conduct targeted and efficient tax audits of large mining projects, based on thorough risk analysis and close collaboration between the three tax agencies (DGI, DGRAD and DGDA) and the Ministry of Mines
- Promote learning and knowledge sharing on revenue forecasting and tax auditing based on documented and structured best practice experiences, in DRC and in similar contexts in francophone Africa
- Strengthen the operationalization of government plans to routinely disclose data required by the EITI Standard with a focus on financial data and the mining sector, including by providing targeted advice on change management and organizational development
- Foster mainstreamed women"s participation in public finance reform and mining sector governance
- Strengthen the internal organization and structure of the provincial branches of selected partner institutions Fédération des Enterprises du Congo (FEC) and Institut National de Préperation Professionnelle (INPP), including identifying areas of improvement and supporting necessary change, e.g. professionalize the recruitment process in accordance with human resources needs
The contractor is responsible for the following general work packages. The contractor will provide specific services on an ad-hoc basis, as described in ToR for short-term assignments produced by the project based on implementing partners" demands and needs.

Work package 1: Improving conditions for robust mining revenue forecasting (Kinshasa-based)
1.1: Awareness-raising activities on financial modelling and institutional reform for government actors involved in mining revenue forecasting
1.2: Technical assistance to help government agencies develop financial models of large industrial mining projects based on the FARI methodology
1.3: Technical assistance to help implement and institutionalize a robust and sustainable government system for mining revenue forecasting using financial modelling

Work package 2: strengthening government capacities for efficient revenue collection and management in the mining sector (Kinshasa-based)
2.1: Capacity-building on specific base-erosion and profit-shifting (BEPS) risks in the industrial mining sector
2.2: Technical assistance on the implementation of a risk-based approach to tax auditing
2.3: Technical assistance to help implement and institutionalize a robust and sustainable government system for tax auditing of large mining projects using a risk-based approach

Work package 3: improving the disclosure of data on mining revenue management (Kinshasa-based)
3.1: Awareness-raising work sessions on systematic disclosures of EITI data by relevant government systems in close collaboration with the DRC EITI 3.2: Technical assistance for the implementation of a technical concept for systematic disclosures by relevant government systems in close collaboration with the DRC EITI and other technical and financial partners in the field of digitalization

Work package 4 : Improved practical training opportunities and coordination between economic actors that benefit local entrepreneurs and trainees in mining communities in Haut-Katanga and Lualaba (Lubumbashi-based)
4.1: Provision of capacity building around creating business plans
4.2: Awareness-raising on the legal framework around subcontracting and promoting the formalization of economic activities

The description of work packages and milestones is subject to change within the scope of the services requested. Details will be provided after the contract award.

Liste und kurze Beschreibung der Auswahlkriterien

Wirtschaftliche und finanzielle Leistungsfähigkeit: 1. Average annual turnover for the last three years (last-but-four financial year can be included in case of tenders held within 6 months of end of last financial year), at least: 800.000,00 EUR
2. Average number of employees and managers in the last three calendar years, at least 10 persons

Liste und kurze Beschreibung der Bedingungen

Eignung zur Berufsausübung: 1. Self-declaration: name of company and address, tax ID, registration and commercial register number or equivalent register in accordance with the legal provisions of the country of origin.
2. No grounds for exclusion pursuant to § 123, § 124 GWB, § 22 LkSG
3. Declaration of bidding consortium and/or declaration of subcontractors (if applicable)

Liste und kurze Beschreibung der Auswahlkriterien

Technische und berufliche Leistungsfähigkeit: 1. The technical assessment is only based on reference projects with a minimum commission value of 100.000,00 EUR
2. At least 2 reference projects in the technical field advisory services on institutional reform or organisational development in the last 3 years
3. And at least 2 reference projects in the technical field resource mobilisation in the industrial mining sector in the last 3 years
4. And at least 1 reference project in the Democratic Republic of the Congo in the last 3 years

Genaue Informationen über Fristen für Überprüfungsverfahren

According to Article 160, Section 3 of the German Act Against Restraint of Competition (GWB), application for review is not permissible insofar as
1. the applicant has identified the claimed infringement of the procurement rules before submitting the application for review and has not submitted a complaint to the contracting authority within a period of 10 calendar days; the expiry of the period pursuant to Article 134, Section 2 remains unaffected,
2. complaints of infringements of procurement rules that are evident in the tender notice are not submitted to the contracting authority at the latest by the expiry of the deadline for the application or by the deadline for the submission of bids, specified in the tender notice.
3. complaints of infringements of procurement rules that first become evident in the tender documents are not submitted to the contracting authority at the latest by the expiry of the deadline for application or by the deadline for the submission of bids,
4. more than 15 calendar days have expired since receipt of notification from the contracting authority that it is unwilling to redress the complaint.
Sentence 1 does not apply in the case of an application to determine the invalidity of the contract in accordance with Article 135, Section 1 (2). Article 134, Section 1, Sentence 2 remains unaffected.