81298204 - Promotion of Rule of Law and Judiciary in Africa

Kurze Beschreibung

Poorer population groups encounter financial obstacles when seeking a fair dispute settlement, be this governmental or non-governmental. In the partner countries, vulnerable citizens on a low income have few ways of resolving conflicts of interest in a non-violent and mutually agreeable manner. The lack of infrastructure in the four partner countries also prevents direct access to the internet for citizens in poverty. As a result, digitalisation synergies which would improve access to justice are scarcely possible. However, the legal practitioners, who play a decisive role as intermediaries providing access to justice for citizens and economic stakeholders, are relatively well connected to the internet, so the potential of digitalisation in strengthening access to justice could also be leveraged for poorer population groups.
The German Federal Ministry of Economic Cooperation and Development (BMZ) has commissioned the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH with the project "Promotion of Rule of Law and Judiciary in Africa" (PRoLA), specifically for the four countries Côte D"Ivoire, Ghana, Senegal and Tanzania.
The project focuses to strengthen the access to justice for vulnerable citizens, particularly women, and economic stakeholders in Côte d"Ivoire, Ghana, Senegal and Tanzania.
The Regional Project's methodological approach is to promote the rule of law by advocating for better access to justice in state courts and strengthening out-of-court dispute resolution mechanisms. Therefore, the regional project will work to improve legal services and take measures to strengthen state and non-state institutions in their efforts to improve access to justice.
The four implementing partners of the project are in Côte d"Ivoire the Ministry for Justice and Human Rights (Ministère de la Justice et des Droits de L"Homme de la République de la Côte d"Ivoire), for Ghana the Office of the Attorney General and Ministry of Justice of Ghana, for Senegal the Ministry of Justice (Ministère de la Justice du Sénégal) and for Tanzania the Ministry of Constitutional and Legal Affairs (MoCLA).
PRoLA has four main outputs, but this tender is focusing on Output 4 only. The aim of Output 4 is to make information relating to access to justice more easily available to governmental and non-governmental legal practitioners such as attorneys, commercial lawyers, civil society organisations (CSOs) and judges. It is assumed here that better access to information for legal practitioners with regard to legal sources leads to better access to justice. It is assumed that legal practitioners have an interest in conducting legal cases within the framework of the applicable legal order.
The "PRoLA" project intends to promote organisations in the four partner countries to make legal sources in selected fields of law available to all legal practitioners in a user-friendly digital form.
There are three work packages to be performed under this contract.
- Work package 1: operations management and research on the physical location of the specified legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania;
- Work package 2: partial digitalisation and uploading of a total of 1,000,000 pages of legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania;
- Work package 3: full digitalisation and uploading of a total of 500,000 pages of legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania.

Beschreibung der Beschaffung

According to the Ibrahim Index of African Governance, African governance has improved since 2010, although the pace of progress has slowed in the last five years. With regard to the rule of law (civil justice), the African countries fall far short of the standards implemented in countries with an established rule of law. The main reasons why rule of law is less established in Africa are the costs of accessing public courts, the risk of unequal treatment, the low integrity of the courts, a judiciary and a court system which are not impartial, excessively lengthy legal proceedings and the ineffective legal enforcement of judgements. In most African countries, access to justice via the public courts is extremely restricted and only possible for a small portion of the population.
Poorer population groups encounter financial obstacles when seeking a fair dispute settlement, be this governmental or non-governmental. In the partner countries, vulnerable citizens on a low income have few ways of resolving conflicts of interest in a non-violent and mutually agreeable manner. The lack of infrastructure in the four partner countries also prevents direct access to the internet for citizens in poverty. As a result, digitalisation synergies which would improve access to justice are scarcely possible. However, the legal practitioners, who play a decisive role as intermediaries providing access to justice for citizens and economic stakeholders, are relatively well connected to the internet, so the potential of digitalisation in strengthening access to justice could also be leveraged for poorer population groups.
The German Federal Ministry of Economic Cooperation and Development (BMZ) has commissioned the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH with the project "Promotion of Rule of Law and Judiciary in Africa" (PRoLA), specifically for the four countries Côte D"Ivoire, Ghana, Senegal and Tanzania.
The project focuses to strengthen the access to justice for vulnerable citizens, particularly women, and economic stakeholders in Côte d"Ivoire, Ghana, Senegal and Tanzania.
The Regional Project's methodological approach is to promote the rule of law by advocating for better access to justice in state courts and strengthening out-of-court dispute resolution mechanisms. Therefore, the regional project will work to improve legal services and take measures to strengthen state and non-state institutions in their efforts to improve access to justice.
The four implementing partners of the project are in Côte d"Ivoire the Ministry for Justice and Human Rights (Ministère de la Justice et des Droits de L"Homme de la République de la Côte d"Ivoire), for Ghana the Office of the Attorney General and Ministry of Justice of Ghana, for Senegal the Ministry of Justice (Ministère de la Justice du Sénégal) and for Tanzania the Ministry of Constitutional and Legal Affairs (MoCLA).
PRoLA has four main outputs; The aim of Output 1 is to improve the capacities of the promoted organisations to offer needs-oriented legal services vulnerable citizens, particularly women. The assumption is that better-qualified organisations and their experts in governmental or non-governmental institutions in the sphere of legal support provide better legal services, adapted to the target groups, thereby improving access to justice for the service recipients.
The aim of Output 2 is to improve the capacities of the promoted organisations to offer legal services relating to out-of-court dispute resolution and civil/commercial law for economic stakeholders. Here, too, the assumption is that if experts who provide legal services are better qualified, they provide better legal advice services, and thus strengthen access to justice for economic stakeholders.
The aim of Output 3 is to make the court structures in the requesting partner countries more effectively geared towards judicial independence.
The aim of Output 4 is to make information relating to access to justice more easily available to governmental and non-governmental legal practitioners such as attorneys, commercial lawyers, civil society organisations (CSOs) and judges. It is assumed here that better access to information for legal practitioners with regard to legal sources leads to better access to justice. It is assumed that legal practitioners have an interest in conducting legal cases within the framework of the applicable legal order. This tender is focusing on Output 4 only.
The "PRoLA" project intends to promote organisations in the four partner countries to make legal sources in selected fields of law available to all legal practitioners in a user-friendly digital form.
There are three work packages to be performed under this contract.
- Work package 1: operations management and research on the physical location of the specified legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania;
- Work package 2: partial digitalisation and uploading of a total of 1,000,000 pages of legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania;
- Work package 3: full digitalisation and uploading of a total of 500,000 pages of legal texts in Ghana, Côte d"Ivoire, Senegal and Tanzania.

Beschreibung der Verlängerungen

GIZ may optionally commission contract amendments and/or increases based on the criteria in the tender documents to the successful bidder of this tender. For details, please see the terms of reference.

Beschreibung der Optionen

GIZ may optionally commission contract amendments and/or increases based on the criteria in the tender documents to the successful bidder of this tender. For details, please see the terms of reference.

Liste und kurze Beschreibung der Bedingungen

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

1. Declaration on the average annual turnover for the last 3 financial years (last-but-four financial year can be included in case of tenders held within 6 months of end of last financial year);
2. Declaration on the average number of employees and managers in the last three calendar years.

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: 500.000,00 EUR
2. Average number of employees and managers in the last three calendar years, at least 5 persons.

Bedingungen für die Teilnahme (technische und berufliche Fähigkeiten)

1. At least 3 reference projects in the technical field "scanning or digitalisation of texts" and at least 2 reference projects on the African continent in the last 3 years.
2. The technical assessment is only based on reference projects with a minimum commission value of 50.000,00 EUR.

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.