Verfahrensangaben

Description of the project:
The project is part of the EZ programme "Good governance for more investment and employment". The module aims to strengthen the rule of law, transparency and social cohesion. It is assigned to the core theme "Peace and social cohesion", field of action "Good governance". The project contributes to the development cooperation programme in two ways: firstly, it aims to strengthen the independence of the judiciary and contribute to more uniform case law; secondly, measures to combat IFF and corruption are planned as part of the project. IFF are funds that are illegal due to their origin (e.g. from corruption), their use (e.g. for terrorist financing) or the nature of their transfer (e.g. money laundering).

The contractor contributes to the achievement of the module objective "the judiciary and other state and non-state actors fulfil their role, in particular in strengthening access to justice for the Senegalese population and in combating illicit financial flows" and, in particular, to the achievement of output 3 (Number of reform steps implemented by relevant governmental and non-governmental actors in the area of combating illicit financial flows to strengthen the prevention, financial investigation, and asset recovery of illicit financial flows, including those resulting from corruption).

Description of the services:
The overall task for the contractor is the provision of high-quality technical and methodological expertise and advice in the field of combating illicit financial flows. To contribute to the achievement of the stated module objective and output 3, the contractor will perform tasks in the following work packages:

Work package 1: Prevention of IFF:
Develop a detailed activity plan in coordination with GIZ, CENTIF and any other entity GIZ and CENTIF agree to include. The training plan should be aimed at addressing deficiencies identified by GIABA and the FATF and should be aligned to good practices of the international community to address these deficiencies.

Work package 2: Financial investigation of IFF
Develop a detailed activity plan in coordination with GIZ, the Pool judiciaire financier and any other entity GIZ and the Pool judiciaire financier agree to include. The training plan should be aimed to address deficiencies identified be GIABA and the FATF and should be aligned to good practices of the international community to address these deficiencies.

Work package 3: Asset recovery of IFF
contractor shall develop a detailed activity plan in coordination with GIZ, the ONRAC and all other entities GIZ and ONRAC agree to include. The training plan should be aimed to address deficiencies identified be GIABA and the FATF and should be aligned to good practices of the international community to address these deficiencies. A focus should be given to fulfilling Output Indicator 3.2 which targets the increase of confiscated and seized asset values under management of ONRAC.

In all 3 work packages, the contractor is responsible for the implementation of the activity plans, adhering to the timelines and any additional agreements made during the development of the activity plans. The contractor shall also hold regular coordination meetings with GIZ updating GIZ on progress, challenges, and results as well as any support needs, GIZ may cater to. All activities should also be carried out in a development sensitive manner. Potential risks of unintended negative consequences such as shrinking spaces for civil society or financial exclusion of vulnerable groups should be taken into account and mitigated.

It is also important that all capacity development activities are carried out on the basis of fictitious examples, past examples from other country contexts or generalizations. Involvement in activities relating to ongoing investigations or specific criminal cases in Senegal is to be avoided at all costs.
Combating illicit financial flows can be a politically sensitive issue and the contractor is expected to communicate with partners with diplomatic sensitivity and to seek consultation with the GIZ project team in the event of any difficulties, questions or uncertainties.

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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.

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.

All communication takes place in English via communication tool in the project area of the procurement portal.