Bidding Documents 
for implementing partner of
Legal Advice Centre for SME

No. AZE 7/2010

Baku, Azerbaijan

Organization for Security and Co-operation in Europe
Office in Baku
Fund Administration Unit
The Landmark III, 96 Nizami St., AZ1010 Baku, Azerbaijan
Date: 9 April 2010
Invitation to Bid
No. AZE 7/2010
Implementing partner for Legal Advice Centre for SMEs

The Office in Baku of the Organization for Security and Co-operation in Europe (hereinafter called “the OSCE”) invites sealed bids for the purpose of finding an implementing partner for providing legal advice to entrepreneurs  (hereinafter called “the Implementing Partner”), in OSCE project no. 4300140 “Legal Advice Centre for SMEs”  

In addition to this Invitation to Bid, the Bidding Documents also include:

Section I:	The Project - Outline
Section II:	Terms of Reference
Section III:	How to apply and the procedures to follow
Section IV:	Evaluation and Selection of Applications
Annex I:	OSCE Project Proposal Template
Annex II:	Budget
Annex III:	Certificate of Compliance for Potential Implementing Partner
Annex IV:	Form of Agreement

Any Agreement reached as a result of this Invitation to Bid shall be bound by the Form of Agreement contained in the Bidding Documents.  

Bids must be delivered at the following address:

	Organization for Security and Co-operation in Europe (OSCE)
	Office in Baku
	Attn: Fund Administration Unit
	The Landmark III, 96 Nizami St.
	AZ1010 Baku, Azerbaijan

Bids must be delivered on or before 29 April 2010, 12:00 hrs (GMT+4) in a sealed envelope marked with “No. AZE 7/2010 – Implementing partner for the Legal Advice Centre for SME Project - Do Not Open Before 29 April 2010, 12:00 hrs (GMT+4)”.  

Bids sent by e-mail and fax will not be accepted. The bid prices shall be quoted in AZN. 

The OSCE reserves the right to accept or reject any Bid, and to annul, in whole or in part, or to suspend the bidding process and reject all Bids at any time and without reason prior to award, without thereby incurring any liability to the affected Bidder or Bidders.

A complete set of the Bidding Documents may be obtained at the OSCE web site (http://www.osce.org/tenders/). Please address all your queries or questions in writing at the address given below and kindly refrain from any telephone calls or personal visits.

Office in Baku
Economic and Environmental Activities Unit
The Landmark III, 96 Nizami St., AZ1010 Baku, Azerbaijan

CONTENT

SECTION I: THE OSCE LEGAL ADVICE Centre FOR SME 
1.1	Background
1.2	Overall objectives of the legal advice Centre for sme
1.3	Project Outputs
1.4	Financial allocation and time frame
SECTION II: TERMS OF REFERENCE
2.1	Tasks and Responsibilities of Implementing Partner(s)
2.2	Criteria for eligibility
2.2	In-kind contributions
SECTION III: HOW TO APPLY AND THE PROCEDURES TO FOLLOW
3.1	OSCE Standard Project Proposal Template and supporting documents
3.2	Where and how to send the applications
3.3	Deadline for receipt of applications
3.4	Further Information
SECTION IV: EVALUATION AND SELECTION OF APPLICATIONS
4.1	Application opening session and administrative check
4.2	Quality evaluation of the proposals
APPLICATION CHECK LIST

SECTION I: THE OSCE LEGAL ADVICE Centre FOR SME

1.1	Background

The Economic and Environmental Dimension focuses on fostering sustainable economic development and good governance in Azerbaijan. Within its mandate, among all other projects, the Office organizes different training programmes to enhance local SMEs capacity in operating their businesses. The “Start and Improve Your Business” (SIYB) training programme, designed by the International Labour Organization (ILO), was the basis for the training sessions conducted for more than five hundred entrepreneurs in the western regions of Azerbaijan during the past three years. Also, within those projects around 30 trainers were certified as SIYB trainers. Within another project implemented by the Office between September-December 2009, around 150 entrepreneurs in Sumgayit and Ganja received training and business counselling from the Training and Growth Centre.

With regard to legal aid/ anti-corruption projects, the Office supported operations of two Advocacy and Legal Advise Centres of Transparency International in Guba and Sheki in 2007-2009. The beneficiaries of the project were individuals.  Within the current project, however, the OSCE Office in Baku envisages supporting a Legal Advice Centre (hereinafter, the Centre) which will provide legal counselling for small and medium sized enterprises and private entrepreneurs. 

1.2	Overall objectives of the legal advice Centre for sme 

The overall goal of the project is to contribute to a favourable environment for SMEs through capacity building of SMEs and relevant local authorities in legal rights and regulations. With that purpose the work of the Centre which will provide legal counselling for SME will be supported. The Centre will assist SME in settling legal challenges they face in operating their businesses. It will also raise the local government officials’ capacity for handling anti-corruption cases. For SMEs, workshops on business ethics standards and relevant legal and regulatory framework will be conducted, too. The location of the Centre might be any region of the country, including the capital city.

1.3	Project Outputs

The expected output is a successful delivery of legal advice and relevant training programme, serving towards achieving the objective of the OSCE project no. 4300140 “Legal Advice Centre for SME”.
As a result of the project:
- SMEs will receive legal advice.
- The capacity of SMEs in dealing with legal issues related to good governance independently will be enhanced.
- Relevant authorities will have an increased awareness of problems faced by the private sector in relation to good governance and increased capacity to process respective complaints.

1.4	Financial allocation and time frame

1.4.1.	Financial Allocation
This Project allocates limited funds of 39,200 AZN to establish and maintain a Legal Advice Centre. This will cover contracted services, training and operational costs (including office rent) of the Legal Advice Centre.

The OSCE Office in Baku will not fund the equipment necessary for the operation of the Centre. The Implementing Partner is therefore required to provide an in-kind contribution in this regard (see details below).
1.4.2	Time Frame
The project is designed for eight months starting from 1 May 2010 and ending on 31 December 2010:

•	Early April: Announcing the tender.
•	Mid April: Selecting the partner.
•	May-December: Services to be provided by the partner
•	December: reporting.

SECTION II: TERMS OF REFERENCE
The OSCE Office in Baku seeks an implementing partner to carry out this project, in line with the above-mentioned objectives and outputs of the project. While applicants may formulate additional specific objectives, these shall be in accordance with and support the specified objectives identified by the Office.

2.1	Tasks and Responsibilities of Implementing Partner(s)
The tasks and responsibilities of the implementing partner(s) will include the following:
- Overall coordination of the project’s implementation and fund administration, including all logistical issues, such as maintaining the Centre's premises and its equipment. The project implementation is to be carried out under the guidance and overall supervision of the OSCE Office in Baku;
- Facilitating the provision of free legal advice SME in the selected region and neighbouring regions through adequately qualified lawyer, to be selected in consultation with the OSCE Office in Baku: the Centre will provide legal advice to SMEs on registering and operating their businesses as well as on ensuring their effective access to justice when they experience obstacles to the full enjoyment of their rights. The Centre will function five days per week during normal working hours.   
- Establishing a 10-hour, six-day per week call-line that will be staffed by the LAC’s lawyers for registration of complaints and for legal counselling. 
- Facilitating workshops for SMEs and government officials: The Centre will organize 2 training sessions on relevant legislation (tax, corporative and other related laws) and legal procedures and 2 training sessions on business ethics (ethics of accounting and financial information, ethics of human resource management, ethics of sales and marketing and ethics of production) for SMEs. The Centre will also organize training seminars for officials of local branches of the Ministry of Justice, Ministry of Taxes, Ministry of Labour and Social Protection.
- Facilitating roundtables for business community and authorities: in order to provide open forum for discussing existing challenges for SMEs and finding out possible solutions for them round-tables between the business community and government officials will be conducted.   
- Conducting public outreach activities: Legal manuals for SME which will have brief information on how to register SMEs, conclude transactions, obtain licenses as well as how to file civil litigation will be published and distributed. In order to raise general awareness on anti-corruption and inform about the Centre’s activities public outreach workshops will be conducted.
- Reporting to the Office on the status of the project's implementation and fund administration. Narrative and financial reports shall be submitted quarterly.
2.2	Criteria for eligibility
Any duly registered non-profit entity possessing relevant professional expertise and sufficient administrative capacity may participate in the bidding.
Applicants must submit the following documents:
•	Copy of Certificate of the State Registration;
•	Copy of the official Statute/Charter in the original language and if possible in English;
•	A listing of the Board Members;
•	A list of all key management personnel; 
•	Copies of the most recent financial statement;
•	Evidence of a legally registered bank account;
•	CVs of the proposed key staff;
•	Detailed list of equipment and furniture and other assets (if any) to be contributed to the Centre;
•	Either confirmation that the project is not funded by other donors, or identification of the donor(s) and amounts where there is co-founding;
•	Agreement that the applicant will submit original invoices to the OSCE and allow the OSCE to stamp them as paid;
•	Agreement that all significant procurement activities will be conducted by the OSCE;
•	A declaration of compliance with the laws of Azerbaijan, or an explanation of problems encountered in complying with specific laws.

2.3	In-kind contributions
The successful selected implementing partner must include in the project its in-kind contribution. The proposition about the in-kind contributions shall include but shall not be limited to:
(a)	At least three (3) desktop computers or laptops;
(b)	A photocopying machine;
(c)	A fax machine;
(d)	Telecommunication equipment for the functioning of the hotline;
(e)	Equipment to furnish the premises of the Centre, including one (1) conference table (seating at least 20 persons), four (4) desks and book shelves (filling a space of at least 20 sq.m.) 

As the OSCE Office in Baku is outsourcing the delivery of the training and counselling programme on an all-inclusive basis, an exhaustive list of the required inputs from the successful Applicant cannot be presented. The Applicants should understand that they are supposed to sort out, at their own expense, also possible unforeseen issues that may arise in connection with the delivery of the legal counselling services and training programme.

ALL IN-KIND CONTRIBUTIONS MUST BE IN GOOD WORKING CONDITIONS!

SECTION III: HOW TO APPLY AND THE PROCEDURES TO FOLLOW

3.1	OSCE Standard Project Proposal Template and supporting documents

The project proposals must be submitted using the standard OSCE Project Proposal Template (See Annex I). Applicants should strictly comply with the project proposal format and fill in the form as explained in the template.

The project proposal should be formulated carefully and the respective forms should be completed as clearly as possible, so that the received project proposal can be assessed. The received application and the related material should be precise and provide enough detail to ensure the clarity of the project proposal. This concerns particularly the project background and justification, how the set objectives will be achieved, the description of the anticipated results, that of the benefits gained and their relevance to the programme's objectives, as well as to the key activities, timescale and budget. In their Proposals the Applicants are expected to describe in detail their training programmes concept. It should be noted that the programmes concept, i.e. the content, scope and delivery modalities, is an essential element in scoring the Proposal. (See Annex II).

The applicant should also fill in the Certificate for Compliance (See Annex III).

The applicant should also consider the Form of Agreement (See Annex IV), which will govern the agreement to be signed between the OSCE and the Applicant.

Please note! The project proposal must be submitted in English language using the standard OSCE project proposal template.

Please note! Hand-written applications will not be accepted. Please submit complete application packages.

Applications must be accompanied by the supporting documents listed under Section 2.2.

3.2	Where and how to send the applications

Organizations wishing to apply for the Project should submit before the relevant deadline a complete application package, i.e. OSCE Standard Project Proposal Template, Budget and the above-listed supporting documents. The applications must be delivered in a sealed envelope by mail or by hand-delivery to the following address:
Mrs. Sandra Milosavljevic
OSCE Office in Baku
Landmark 3, 2nd Floor
96 Nizami Street
Baku AZ1010, Azerbaijan

Please note! Applications sent by any other means (e.g. by fax or by e-mail) or delivered to an address other then the one above will be automatically rejected.

The outer envelope must bear the:
•	full name of the applicant;
•	address of the applicant.

3.3	Deadline for receipt of applications
The deadline for receiving applications is 29 April 2010, at 12:00 hrs (GMT+4). 
Please note! Any application received after the deadline will automatically be rejected.

3.4	Further Information
For any further information please address your queries by e-mail, not later than 23 April 2010 to the following addresses: Laman.Yusifova@osce.org and/or Jan.Olsson@osce.org, indicating clearly the reference Programme.

SECTION IV: EVALUATION AND SELECTION OF APPLICATIONS

Applications will be examined and evaluated by the OSCE. The submitted applications will be assessed according to the following steps and criteria:

4.1	Application opening session and administrative check

Eligibility of applicants
At the application opening session an administrative check will be conducted. Namely, it will be verified whether that applicant is eligible according to the criteria as set out in sections 2.2 and 2.3.

Please note! If the application does not meet the criteria as set out in sections 2.2 and 2.3, it will be automatically rejected.

The application will also be automatically rejected if:
•	the application is received after the closing date;
•	the application does not comply with the requirements for minimum or maximum amounts or minimum or maximum duration;
•	the project proposal is not submitted in English language using the OSCE Standard Project Proposal Template (Annex I);
•	the project budget is not submitted in the requested format (Annex II).

4.2	Quality evaluation of the proposals
All applications will be subjected to quality evaluation by the OSCE, except those dismissed following the administrative check.
Quality evaluation of the proposal, including the proposed budget, will be carried out in accordance with the evaluation criteria set out in the Evaluation Matrix below.

Evaluation Matrix

1. Operational Capacity and Professional Resources	30	
Does the applicant have sufficient experience of project management?	5	
Does the applicant have sufficient management capacity?
(including staff, equipment and ability to handle the budget for the action)	5	
Do the proposed key staff have experience in delivering legal advice, and conducting trainings for SMEs	5	
Does the applicant have sufficient technical expertise? (notably knowledge of the issues to be
addressed and good working relations with local authorities and relevant state agencies)	5	
Does the applicant have prior experience running a legal clinic or a Centre for free legal services?	5	
Does the applicant have experience and capacity in facilitation and delivery of trainings for SMEs?	5	
		
2. Project Implementation and Methodology	35	
Does the project proposal provide clear description of what the project will do to produce the expected outputs and achieve the project objectives?	5	
Are the activities proposed appropriate, realistic in terms of timeframe, practical, and consistent with the objectives and expected results?	5	
Will the proposed regional focus contribute to the diversification of the economy 	5	
 Does the project address gender aspects and aim for a gender-balanced participation?	5	
Is the action plan clear and feasible (does it reflect the analysis of the problems involved, take into account external factors and anticipate an evaluation to track progress and results? )	5	
Does the proposal contain objectively verifiable indicators for the outcome of the action?	5	
Innovativeness	5	
		
3. Budget and cost effectiveness	25	
Are the proposed expenditures appropriate and in line with market prices?	5	
Are the proposed expenditures necessary for the implementation of the project activities?	5	
Are the proposed expenditures cost effective and adequate? 	5	
Are the proposed expenditures detailed and transparent? 	5	
Are the proposed in-kind contributions relevant and sufficient?	5	
		
4. Sustainability	5	
Are the expected results of the proposed action sustainable?	5	

5. Technical Presentation	5	
Are the submitted documents in line with the bidding requirements?	5	

Maximum total score	100	

Please note the following important information:
Scoring
The evaluation criteria are divided into sections and subsections. Each subsection must be given a score between 1 and 5 in accordance with the following guidelines: 1 = very poor; 2 = poor; 3 = adequate; 4 = good; 5 = very good. The applications with the highest scores will be given priority when grants are awarded.
Costs incurred for the preparation of the application will not be covered by the grant and will not be included in the budget.

APPLICATION CHECK LIST

Prior to sending the Application, check if you have all the needed documentation:

•	Stamped project proposal including budget (Annex I and Annex II);
•	Stamped and signed Certificate of Compliance (Annex III);
•	Copy of Certificate of the State Registration;
•	Copy of the Statute in the original language and in English;
•	A list of all key management personnel; 
•	Copies of the most recent financial statement;
•	Evidence of a legally registered bank account;
•	CVs of the proposed key staff;
•	Detailed list of equipment and furniture and other assets (if any) to be contributed to the Legal Resource Centre;
•	Either confirmation that the project is not being funded by other donors, or an indication of the donor(s) and amounts where there is co-funding;
•	List of previous projects (in English), carried out by the applicant, including information about the donor, implementation period and respective values;
•	Information on membership in any umbrella organization or other networks;
•	Support letters from organisations i.e. institutions (letter of cooperation).

NB: It is in applicant’s interest to provide the OSCE with accurate contact details, preferably an e- mail address.