Request for Expressions of Interest

(CONSULTING SERVICES – FIRMS SELECTION)

Country: Islamic Emirate of Afghanistan

Name of Project: collection and documentation of legal documents for the Ministry of Mines and Petroleum.

Project ID: MoMP-02-CS-QCBS-1404

Duration of Assignment: 6/month

Implementing Agency: Ministry of Mines and Petroleum

Duty Station: Sari Pul Province

Contract Type: Time Base

Reference No. MoMP-02-CS-QCBS-1404

Brief of the Assignment

1. Background:

The objective of this Terms of Reference is to hire an independent, specialized, and professional company to collect, assess, analyze, and document legal, technical, administrative, and financial documents following the termination of an EPSC contract. These documents will serve as fundamental references for the Ministry in any legal claims, compensation demands, and future international tenders.

1. Scope of the Services

Technical & Production Evaluation Documentation of Contractor’s Breaches:

• Identification and verification of all violations and breaches of the EPSC contract.

• Documentation of the contractor’s negligence, deficiencies, and technical, financial, environmental, and legal violations.

• Collection of contractor’s correspondences, reports, and official interactions.

• Legal analysis of the breaches and preparation of supporting evidence.

2.2 Identification of Legal Gaps:

• Clauses in the contract that have legal and financial deficiencies.

• Analysis of ambiguously or poorly defined provisions in the EPSC contract.

2.3 Issues Related to Government Institutions:

• Challenges raised by the Environmental Authority, Ministry of Finance, Labor Law enforcement bodies, and other relevant institutions.

2.4 Collection of Evidence and Documentation:

• Collection of physical and electronic documents, correspondences, and reports.

• Physical assessment of assets (equipment, machinery, facilities).

• Evaluation and organization of technical and legal documents.

• Recording of meetings and memorandums of understanding.

2. Qualification Requirements/Short listing Criteria

The Ministry of Mines and Petroleum, now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the services described under paragraph 3 above. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services.

The short listing criteria are:

1. The Consultant should be registered legal entity and should have been in existence for the last (5) years in providing Consultancy Services of similar or related assignments. The consultant should provide a copy of the certification of incorporation/ business license with its EOI.

2. The consultant shall have an annual turnover of USD 170000 during last 5 years. The consultant shall demonstrate having sound financial situation and capacity by submitting audited financial reports for last 5(2020 to 2024) years ;

3. The consultant shall also provide proven experiences of having executed at least one contract with the value of USD 100,000 of similar nature and complexity during last5 years. The consultants are required to provide copies of the contract along with clients’ certificate towards completion of such assignments with their EOI.

The Consultant while describing the assignment(s) should furnish the following details:

• Consultant should explain in what way the executed assignment(s) was/were similar in nature to the current assignment and also indicating the input of key experts provided for the same

• The Consultant should explain the exact role played by the Consultant in the assignment if the assignment was carried out in association with other firms as JV or in sub-consultancy for carrying out the assignment.

4. Requirements for Consultants participating as Joint Venture, Consortium or Association:

Consultants may associate with other firms in the form of a joint venture or a sub-consultancy to enhance their qualifications. If consultants intend to associate with other firms, they are advised to clearly identify the lead partner and state the composition and nature of their association (JV/ sub-consultant) in their EOI.

In case associations between the firms are in the form of JV, the following requirements will also apply:

• Only the firm meeting the shortlisting criteria substantially shall act as the Lead Partner of the JV. In case, more than one firm meets the shortlisting criteria substantially, any of the firms may act as the Lead Partner. However, the lead partner needs to be identified in JV agreement or intention of forming JV to be submitted with the EoI.

• Other member(s) of JV also need to have proven experiences of having executed at least one contract of the nature of this assignment during last (5) years, however, the variance in similarity and complexity could be acceptable.

5. Consultant having some regional experience is desirable

6. Declaration by the Consultant that the Consultant is not black-listed by any Government agencies in Afghanistan

7. Declaration by the Consultant that the consultant does not have any conflict of interest in terms of taking any assistance / support from individual / firm / consultants who have been part of the Project… …………….consultancy or the procurement process.

8. Declaration by the Consultant that the information furnished in EoI is correct and for any misrepresentation detected at any stage of selection process or during execution of the resultant contract if successful, the Consultant to be taken up under the Law of the Land.

9. The EOI with all details should, preferably, not exceed 40 pages in total.

3. Legal References

The attention of interested Consultants is drawn to ‘Chapter 4 - Process of Request for Proposal’ of “Rule of Procurement Procedure” issued by Government of Islamic Emirate of Afghanistan. The consultants are also required to maintain high standard ethics throughout the procurement process. The Consultants’ attention is also drawn to Article 16 of Afghanistan Public Procurement Law for compliance. The consultants can download the Public Procurement Law and Procedure from: www.npa.gov.af

4. Method of Selection

A Consultant will be selected in accordance with the QCBS set out in Rule 59 of Procurement Procedures.

5. Submission of EOI

Expressions of interest as per Annexure ‘A’ attached must be delivered in a written form to the address below (in person, by mail, or by e-mail) by 20/June/2025 and Time 14:00 PM (Kabul Local Time).

Further information in respect to this REOI can be obtained at the address below by email or in person during office hours 08:00-04:00 Hours

Attention: Mulavi Mir Muhammad Nabi Burhani

Name of the Procuring Entity: Procurement directorate, Ministry of Mines & Petroleum

Address: Abdul Haque Square, Kabul Afghanistan

Email: sattar.pashtoon@gmail.com copied to syfallhbrhany039@gmail.com

Web site: momp.org.af

(The ToR is accessible through direct link: Click here