MINISTRY OF TOURISM TENDER PACKAGE

Transcription

1 MINISTRY OF TOURISM TENDER PACKAGE THIS PACKAGE CONTAINS THE FOLLOWING DOCUMENTS: (1) GENERAL INSTRUCTIONS; AND (2) SCOPE OF SERVICES FOR: CONSULTANCY FOR THE ESTABLISHMENT OF A TRINIDAD AND TOBAGO TOURISM REGULATORY AND LICENSING AUTHORITY Page 1 of 8

2 (1.0) INSTRUCTIONS TO TENDERERS Tenderers are advised to read all instructions carefully since failure to comply may result in the rejection of their Proposals. This document is to be read together and applied in conjunction with the Request for Proposal/Terms of Reference document which will be strictly enforced. SUBMISSION OF TENDERS 1. Tenderers must provide the following in their Proposal:- a) The full name, signature, office and business address of the Tenderer(s); b) Signature of the person making the offer, or in the case of a company, partnership or business firm, by a duly authorized officer or employee of such company, partnership of the business firm; c) The initials of the person making the offer must be inserted next to any alterations or erasures made or in the case of a company, partnership or business firm by a duly authorized officer or employee of such company, partnership of the business firm; d) In the case of a Joint Venture, Tenderers must also indicate who will act as the leader of the Joint Venture; and e) An assurance that prices will remain valid for an initial minimum period of ninety (90) days from the closing date of the tender or as stated otherwise. 2. Tender Package The Tenderer must submit: (a) an original, and four (4) copies each of the completed Technical and Financial Proposals and clearly marked: Envelope No. 1 Technical Proposal CONSULTANCY FOR THE ESTABLISHMENT OF A TRINIDAD AND TOBAGO TOURISM REGULATORY AND LICENSING AUTHORITY Envelope No. 2 Financial Proposal CONSULTANCY FOR THE ESTABLISHMENT OF A TRINIDAD AND TOBAGO TOURISM REGULATORY AND LICENSING AUTHORITY Page 2 of 8

3 AND (b) one (1) copy of both the Technical and Financial proposals on CD-ROM clearly labelled: Envelope No. 3 CD-ROM CONSULTANCY FOR THE ESTABLISHMENT OF A TRINIDAD AND TOBAGO TOURISM REGULATORY AND LICENSING AUTHORITY The envelopes shall:- I. Be addressed to: The Chairman, Permanent Secretary Tenders Committee Ministry of Tourism, Tower C, International Waterfront Complex, 1A Wrightson Road, Port of Spain. II. Show the name and address of the Tenderer. III. Be deposited in the WHITE Tender Box (slot dimensions 2 x 12 ) located in the lobby on 9 th Floor, Tower C, Ministry of Tourism no later than the date and time specified in the Request for Proposal Notice. 3. Tenderers must provide a profile of their company (where applicable) which must include: Certificate of Registration/Incorporation pursuant to the Companies Act, Chap 81:01; Certificate of Continuance pursuant to the Companies Acts, Chap 81:01; Notice of Directors with names of Directors and Principal Officer; National Insurance Certificate, where applicable; Cover letter and detailed Resume(s) for all personnel (with contact details of three (3) referees); Certified copies of supporting certificates of qualifications; Profile of Company, where relevant; Information on current project commitments; Page 3 of 8

4 The Tenderers must include a summary list of similar projects undertaken within the last five (5) years. This should include the following: Client s name (e.g. Ministry of Finance, Commercial Entity X. Limited, etc) Official project name Countries where project was implemented Activity year & Dollar ($) Value Duration of project 4. Income Tax and Value Added Tax (V.A.T.). Proposals must be accompanied by Valid Income Tax and Value Added Tax (Withholding Tax (where applicable) Clearance Certificates issued by the Board of Inland Revenue and dated not more than six (6) months prior to the closing date of the tender. 5. National Insurance Certificate. Proposals must be accompanied by a valid National Insurance Compliance Certificate issued in accordance with the National Insurance Act, Chap 32: P.A.Y.E No(s). (where applicable) 7. Information on pending Judgments or legal proceedings. 8. DEADLINE FOR SUBMISSION OF PROPOSALS 9. Proposals shall be delivered to the address specified no later than the time and date specified in the Request for Proposals Notice. 10. In evaluating the applications submitted, the Ministry of Tourism reserves the sole and absolute right to: (i) Accept or reject any Tenderer or Proposal that does not adequately meet the criterion. (ii) Assess Proposals as it sees fit, without any obligation to select any Tenderer. (iii) Determine whether any Tenderer satisfactorily meets the established criteria. evaluation (iv) Request clarification from the Tenderers after submission of their Proposals. (v) Tender Box will be opened at 4:15p.m. on 5 th May, 2017 at the offices of the Ministry of Tourism. Tenderers may send representatives to view the opening. Note: In the event of any discrepancy between the copies of Proposals, the original will govern. Page 4 of 8

5 11. EVALUATION CRITERIA Proposals will be evaluated in accordance with the following criteria: CRITERIA TECHNICAL Qualifications of Consultant: Practicing Attorney-at-Law (In Trinidad and Tobago); Formal Training in Legislative Drafting; (Masters in Law) LLM; Professional Experience Review and Drafting of (Primary) Legislation (ten (10) years minimum ); Experience in undertaking similar assignments (five (5) years minimum); First-hand practical experience in the operations of a Tourism Regulatory Authority (five (5) years minimum); and References (three (3) to verify past performance). Knowledge Extensive knowledge of the laws of the Republic of Trinidad and Tobago; Extensive knowledge of the policies and systems of the Government of the Republic of Trinidad and Tobago as well as the laws and regulations pertinent to same; Extensive knowledge of the rules of Statutory Interpretation; and Legislative problem solving skills Methodology Adequacy of the proposed methodology, including quality management, responsiveness and work plan for executing requirements of the Consultancy. WEIGHTING 15% 30% 15% 40% Technical Evaluation Total 100% FINANCIAL Cost Adequacy of the Proposed total cost of the Consultancy 100% Financial Evaluation Total 100% Page 5 of 8

6 Tenderers must submit adequate evidence to support each of the criterion listed above and compliance with the Instructions to Tenderers and Request for Proposals/Terms of Reference documents. Tenderers who attain an average score of seventy-five percent (75%) or greater in the Technical Evaluation would then be considered for opening and evaluation of their Financial Proposal. Tenderers whose Technical Proposals were considered non-responsive to the Request for Proposals/Terms of Reference or do not meet the minimum qualifying technical score will have their Financial Proposals and CD-ROM returned unopened after the completion of the selection process. 12. For clarification, contact, Mrs. Sandra Oumadesingh-Kalloo, Administrative Officer IV or Mrs. Hemragie Ramdhanie, Administrative Officer II (Ag.), Ministry of Tourism, Level 9, Tower C, International Waterfront Complex, 1A Wrightson Road, Port of Spain. Telephone No. (868) exts. 238 or 239. Scope of Services 13. CONSULTANCY FOR THE ESTABLISHMENT OF A TRINIDAD AND TOBAGO TOURISM REGULATORY AND LICENSING AUTHORITY The Consultant shall be required to: (i) (ii) to prepare a Report which supports an appropriate model for the establishment of the Authority; given the prevailing tourism industry and legislative landscape; AND to prepare the necessary Bill(s) and any and all supportive legislative/legal documents to fully establish the Authority at (i) above; having regard to the wider agenda of legislative reform of the tourism industry, related legislation as well as the priorities of the tourism sector. The Consultancy shall not exceed ninety (90) days. 14. SCOPE OF SERVICES The Consultant will collaborate with the Ministry of Tourism, the Tobago House of Assembly (THA), the Trinidad and Tobago Bureau of Standards (TTBS), the Ministry of Finance (MoF), the Ministry of the Attorney General and Legal Affairs (MAGLA), the Chief Parliamentary Council (CPC), the Law Reform Commission (LRC), as well as other key Stakeholders within the tourism sector as specifically identified by the Ministry Page 6 of 8

7 of Tourism, to prepare the Report along with the necessary Bill(s) and any and all supportive legislative/legal documents to establish the Authority. In addition to the execution of the required collaboration with Stakeholders, the Consultant shall also undertake the following activities towards executing the Objectives identified at 13 (i) and (ii) above: (a) Review the existing legislative framework relative to the tourism sector, including but not limited to the Tourism Development Act, Chap 87:22 as well as any and all relevant laws, case law, Ordinances, Acts of Parliament, Government resolutions and decrees; (b) Identify, critically consider/examine and provide resolutions for key issues to be addressed towards legislatively establishing an effective Authority, including, but not limited to: Legal, Regulatory Approvals and related considerations statutory (this would also include any and all related legislation to be drafted and/or amended), common law and case law implications, Town and Country Planning requirements (building codes, etc.), Hotel Proprietors legislation prescriptions, the Customs and Excise legislation and other related Taxation legislation; Economic investment, feasibility, cost factors and sustainability considerations; Health and Safety public health, consumer safety, Occupational Health and Safety considerations; Administrative approval processes and related timeframes as well as any and all available policy documents, strategic plans and related reports. Environmental factors Environmental Management Authority (EMA) requirements; and Any other relevant factor or issue specifically identified as necessary to the effective execution of the Objectives of the Consultancy and/or specifically identified by the Ministry of Tourism, the THA, TTBS or any key Stakeholder(s). (c) Research and analyse prevailing tourism regulatory models, both regionally and internationally. The Consultant will therefore be expected to evaluate the experiences of countries within the Region, Latin America and internationally, which can be used as benchmarks to ensure that the Authority s regime is Page 7 of 8

8 robust, dynamic and effective. The Consultant, in this regard, must also consider and factor the impact of the on-going realignment of the structures and functions of Government agencies with responsibility for tourism including but not limited to the Tourism Development Company Limited (TDC). The Consultant will be expected to strategically use analysis, research and technical expertise to develop an appropriate model/framework for the Authority, inclusive of process mapping, a fully operative organizational structure (with clearly defined roles and responsibilities) and recommended lines of reporting/accountability as well as the necessary Bill(s) any and all supportive legislative/legal documents to fully establish same, in law; and (d) Execute not less than five (5) consultations with key stakeholders, as identified by the Ministry of Tourism, to share the proposed model for the Authority and its concomitant regulatory and licensing system and obtain stakeholder views/feedback. In consideration of best practice both regionally and internationally, the results of Stakeholder engagement and Ministry of Tourism recommendations; the Consultant will prepare the Report and the necessary Bill(s) and any and all supportive legislative/legal documents to establish an appropriate Authority for the jurisdiction. The Report and the Bill(s) (and any and all supportive legislative/legal documents) should speak to the establishment of a Regulatory and Licensing Authority which will ensure the highest levels of standards, quality and performance within the tourism industry. MINISTRY OF TOURISM April 2017 Page 8 of 8