Rules & Procedures (Pre-Qualification Process)

Part 2 - Procedures of the Pre-Qualification Process

2.1    Stages of Evaluation

CIG will conduct the evaluation of responses in the following two stages:

2.2    Stage I – Mandatory Submission Requirements

Stage I will consist of a review to determine which responses comply with all of the mandatory eligibility requirements. If a response fails to satisfy all of the mandatory eligibility requirements, CIG will issue the bidder a rectification notice identifying the deficiencies and providing the bidder an opportunity to rectify the deficiencies. If the bidder fails to satisfy the mandatory eligibility requirements within the Rectification Period, its response will be excluded from further consideration. The Rectification Period will begin to run from the date and time that CIG issues a rectification notice to the bidder. The mandatory eligibility requirements are set out in the RFSQ Particulars (Appendix A).

2.3      Stage Stage II – Evaluation

Stage II will consist of the following two sub-stages:

2.3.1    Mandatory Technical Requirements

CIG will review the responses to determine whether the mandatory technical requirements set out in the RFSQ Particulars (Appendix A) have been met. Questions or queries on the part of CIG as to whether a response has met the mandatory technical requirements will be subject to the verification and clarification process set out in Part 3.

2.3.2    Rated Criteria

CIG will evaluate each qualified response on the basis of the rated criteria as set out in the RFSQ Particulars (Appendix A).

2.4    Ranking and Selection

Based on the evaluation of the responses in Stage II, all bidders scoring 75 or higher will be short-listed to participate in a potential invitational second stage competitive process for the procurement of the Deliverables.

2.5    Notification of Top-Ranked Bidders

The top-ranked bidders selected by CIG to be included in the prequalified supplier list will be so notified by CIG in writing. Each selected bidder will be required to satisfy the pre-conditions of qualification in the RFSQ Particulars (Appendix A) within the timeframe specified in the selection notice. Failure to do so may result in the disqualification of the bidder and the selection of another bidder.

PART 3 – Rules of the Pre-Qualification Process

3.1    General Information and Instructions

3.1.1    Bidders to Follow Instructions

Bidders should structure their responses in accordance with the instructions in this RFSQ. Where information is requested in this RFSQ, any response made in a response should reference the applicable section numbers of this RFSQ.

3.1.2    Responses in English

All responses are to be in English only.

3.1.3    No Incorporation by Reference

The entire content of the bidder’s response should be submitted in a fixed form, and the content of websites or other external documents referred to in the bidder’s response but not attached will not be considered to form part of its response.

3.1.4    References and Past Performance

In the evaluation process, CIG may include information provided by the bidder’s references and may also consider the bidder’s past performance or conduct on previous contracts with CIG or other institutions.

3.1.5    Information in RFSQ Only an Estimate

CIG and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFSQ or issued by way of addenda. Any quantities shown or data contained in this RFSQ or provided by way of addenda are estimates only, and are for the sole purpose of indicating to bidders the general scale and scope of the Deliverables. It is the bidder’s responsibility to obtain all the information necessary to prepare a response in response to this RFSQ.

3.1.6 Bidders to Bear Their Own Costs

The bidder will bear all costs associated with or incurred in the preparation and presentation of its response, including, if applicable, costs incurred for interviews or demonstrations.

3.1.7    Response to be Retained by CIG

CIG will not return the response or any accompanying documentation submitted by a bidder.

3.1.8    No Guarantee of Volume of Work or Exclusivity of Contract

This RFSQ process will not result in any commitment by CIG to purchase any goods or services from any bidder. While CIG intends to conduct an invitational second-stage competitive process for the procurement of the Deliverables, it is under no obligation to do so and CIG may choose not to proceed with a second-stage competitive process for the procurement of the Deliverables. CIG makes no guarantee of the value or volume of Deliverables that may be required. Any agreement entered into pursuant to an invitational second-stage competitive process will not be an exclusive contract for the provision of the described Deliverables. CIG may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally.

3.2    Communication after Issuance of RFSQ

3.2.1    Bidders to Review RFSQ

Bidders should promptly examine all of the documents comprising this RFSQ, and may direct questions or seek additional information in writing by email to the RFSQ Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the RFSQ Contact. CIG is under no obligation to provide additional information, and CIG will not be responsible for any information provided by or obtained from any source other than the RFSQ Contact. It is the responsibility of the bidder to seek clarification from the RFSQ Contact on any matter it considers to be unclear. CIG will not be responsible for any misunderstanding on the part of the bidder concerning this RFSQ or its process

3.2.2    All New Information to Bidders by Way of Addenda

This RFSQ may be amended only by addendum in accordance with this section. If CIG, for any reason, determines that it is necessary to provide additional information relating to this RFSQ, such information will be communicated to all bidders by addendum. Each addendum forms an integral part of this RFSQ and may contain important information, including significant changes to this RFSQ. Bidders are responsible for obtaining all addenda issued by CIG. In the Submission Form (Appendix A), bidders should confirm their receipt of all addenda by setting out the number of each addendum in the space provided.

3.2.3    Post-Deadline Addenda and Extension of Submission Deadline

If CIG determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, CIG may extend the Submission Deadline for a reasonable period of time.

3.2.4    Verify, Clarify and Supplement

When evaluating responses, CIG may request further information from the bidder or third parties in order to verify, clarify or supplement the information provided in the bidder’s response including but not limited to clarification with respect to whether a response meets the mandatory technical requirements set out in Section D of the RFSQ Particulars (Appendix B). CIG may revisit and re-evaluate the bidder’s response or ranking on the basis of any such information.

3.3    Notification and Debriefing

3.3.1    Notification to Other Bidders

Once the selected bidders have been notified, the other bidders will be notified directly in writing of the outcome of the RFSQ process.

3.3.2    Debriefing

Bidders may request a debriefing after receipt of a notification of the outcome of the RFSQ process. All requests must be in writing to the RFSQ Contact and must be made within sixty (60) days of such notification. The intent of the debriefing information session is to aid the bidder in presenting a better response in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the RFSQ process or its outcome.

3.3.3    Procurement Protest Procedure

If a bidder wishes to challenge the RFSQ process, it should provide written notice to the RFSQ Contact in accordance with CIG’s procurement protest procedures. The notice must provide a detailed explanation of the bidder’s concerns with the procurement process or its outcome.

3.4    Conflict of Interest and Prohibited Conduct

3.4.1    Conflict of Interest

CIG may disqualify a bidder for any conduct, situation or circumstances determined by CIG, in its sole and absolute discretion, to constitute a Conflict of Interest, as defined in the Submission Form (Appendix A).

3.4.2    Disqualification for Prohibited Conduct

CIG may disqualify a bidder or terminate any contract subsequently entered into if CIG determines that the bidder has engaged in any conduct prohibited by this RFSQ.

3.4.3    Prohibited Bidder Communications

Bidders must not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest declaration set out in the Submission Form (Appendix A).

3.4.4    Bidder Not to Communicate with Media

Bidders must not at any time directly or indirectly communicate with the media in relation to this RFSQ or selection of bidders pursuant to this RFSQ without first obtaining the written permission of the RFSQ Contact.

3.4.5    No Lobbying

Bidders must not, in relation to this RFSQ or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of successful bidder(s).

3.4.6    Illegal or Unethical Conduct

Bidders must not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud, coercion or collusion. Bidders must not engage in any unethical conduct, including lobbying (as described above) or other inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of CIG; deceitfulness; submitting responses containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process.

3.4.7    Past Performance or Past Conduct

CIG may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procurement process, including but not limited to the following:

(a)    illegal or unethical conduct as described above;

(b)    the refusal of the supplier to honour submitted pricing or other commitments; or

(c)    any conduct, situation or circumstance determined by CIG, in its sole and absolute discretion, to have constituted a Conflict of Interest.

3.5    Confidential Information

3.5.1    Confidential Information of CIG

All information provided by or obtained from CIG in any form in connection with this RFSQ either before or after the issuance of this RFSQ

(a)    is the sole property of CIG and must be treated as confidential;

(b)    is not to be used for any purpose other than replying to this RFSQ and the performance of any subsequent contract for the Deliverables, except as required by law or by order of a court;

(c)    must not be disclosed without prior written authorization from the RFSQ Contact; and

(d)    must be returned by the bidders to CIG immediately upon the request of CIG

3.5.2    Confidential Information of Bidder

All submissions and other information submitted to CIG in relation to this procurement become property of CIG and, subject to the most recent provisions of the Procurement Act, the Freedom of Information Act and the Data Protection Act, will be held in confidence.

Bidders are advised that their submissions will, as necessary, be disclosed on a confidential basis to advisers retained by CIG to advise or assist with the procurement process, including the evaluation of submissions. If a bidder has any questions about the collection and use of any information, including personal information pursuant to this procurement, questions should be submitted to the procurement contact.

As per the Procurement Regulations, please be advised that the name of the successful bidder and the value of the contract will be made publicly available online.

3.6    Procurement Process Non-binding

3.6.1    No Process Contract and No Claims

This procurement process is not intended to create and will not create a formal legally binding bidding process and will instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation:

(a)    this RFSQ will not give rise to any contract-based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and

(b)    neither the bidder nor CIG will have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the selection of bidders, a decision to reject a response or disqualify a bidder, or a decision of the bidder to withdraw its response.

3.6.2    No Legal Relationship or Obligation

No legal relationship or obligation regarding the procurement of any good or service will be created between the bidder and CIG by this RFSQ process.

3.6.3    Cancellation

CIG may cancel or amend the RFSQ process without liability at any time.

3.7    Governing Law and Interpretation

The Terms and Conditions of RFSQ Process (Part 3)

(a)    are intended to be interpreted broadly and separately (with no particular provision intended to limit the scope of any other provision);

(b)    are non-exhaustive and will not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and

(c)    are to be governed by and construed in accordance with the laws of the Cayman Islands.