Edital 23712020

JOF - JOINT OPERATIONS FACILITY
REQUEST FOR PROPOSAL
Consultancy for the Provision of Specialized

Technical Services in the Area of Ports
RFP JOF Nº: 2372 Event ID 0000008992

Project: BRA/13/013 - EPL
Country: Brazil
Issued on: 13 April 2021

Contents
Section 1. Letter of Invitation.....................................................................................................................4
Section 2. Instruction to Bidders ................................................................................................................5
A. GENERAL PROVISIONS ...................................................................................................... 5
1. Introduction ....................................................................................................................... 5
2. Fraud & Corruption, Gifts and Hospitality ........................................................... 5
3. Eligibility ............................................................................................................................. 5
4. Conflict of Interests......................................................................................................... 6
B. PREPARATION OF PROPOSALS ...................................................................................... 6
5. General Considerations ................................................................................................. 6
6. Cost of Preparation of Proposal................................................................................. 6
7. Language ............................................................................................................................ 6
8. Documents Comprising the Proposal ...................................................................... 6
9. Documents Establishing the Eligibility and Qualifications of the Bidder .... 7
10. Technical Proposal Format and Content................................................................. 7
11. Financial Proposals ......................................................................................................... 7
12. Proposal Security ............................................................................................................. 7
13. Currencies .......................................................................................................................... 8
14. Joint Venture, Consortium or Association .............................................................. 8
15. Only One Proposal .......................................................................................................... 9
16. Proposal Validity Period ................................................................................................ 9
17. Extension of Proposal Validity Period ...................................................................... 9
18. Clarification of Proposal ................................................................................................ 9
19. Amendment of Proposals............................................................................................. 9
20. Alternative Proposals .................................................................................................. 10
21. Pre-Bid Conference ...................................................................................................... 10
C. SUBMISSION AND OPENING OF PROPOSALS ...................................................... 10
22. Submission...................................................................................................................... 10
23. Deadline for Submission of Proposals and Late Proposals ........................... 11
24. Withdrawal, Substitution, and Modification of Proposals ............................. 11
25. Proposal Opening ........................................................................................................ 12
D. EVALUATION OF PROPOSALS ..................................................................................... 12
26. Confidentiality ............................................................................................................... 12
27. Evaluation of Proposals .............................................................................................. 12
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28. Preliminary Examination ............................................................................................ 12
29. Evaluation of Eligibility and Qualification............................................................ 12
30. Evaluation of Technical and Financial Proposals............................................... 13
31. Due Diligence................................................................................................................. 14
32. Clarification of Proposals ........................................................................................... 14
33. Responsiveness of Proposal ..................................................................................... 14
34. Nonconformities, Reparable Errors and Omissions ......................................... 14
E. AWARD OF CONTRACT.................................................................................................. 15
35. Right to Accept, Reject, Any or All Proposals..................................................... 15
36. Award Criteria ................................................................................................................ 15
37. Debriefing ....................................................................................................................... 15
38. Right to Vary Requirements at the Time of Award .......................................... 15
39. Contract Signature ....................................................................................................... 15
40. Contract Type and General Terms and Conditions .......................................... 15
41. Performance Security .................................................................................................. 16
42. Bank Guarantee for Advanced Payment .............................................................. 16
43. Liquidated Damages ................................................................................................... 16
44. Payment Provisions...................................................................................................... 16
45. Vendor Protest .............................................................................................................. 16
46. Other Provisions ........................................................................................................... 16
Section 3. Bid Data Sheet........................................................................................................................... 17
Section 4. Evaluation Criteria .................................................................................................................... 21
Section 5. Terms of Reference ................................................................................................................. 36
Section 6: Returnable Bidding Forms / Checklist .............................................................................. 63
Form A: Technical Proposal Submission Form .........................................................................................................................................65
Form B: Bidder Information Form ..................................................................................................................................................................66
Form C: Joint Venture/Consortium/Association Information Form.................................................................................................67
Form D: Qualification Form ..............................................................................................................................................................................68
Form E: Format of Technical Proposal .........................................................................................................................................................70
Form F: Financial Proposal Submission Form ...........................................................................................................................................76
Form G: Financial Proposal Form ..................................................................................................................................................................... 1
Form H: DECLARATION OF COMMITMENT FOR UNDP SUPPLIERS .......................................................................................... 2
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SE C T ION 1 . L ET T ER OF IN V I TAT I ON
Consultancy for the Provision of Specialized Technical Services in the Area of Ports
(Development of methodology for the elaboration, updating, transfer of knowledge and monitoring
of Port Master Plans)
Project BRA/13/013 - EPL
The United Nations Development Programme (UNDP) hereby invites you to submit a Proposal to this
Request for Proposal (RFP) for the above-referenced subject.
This RFP includes the following documents and the General Terms and Conditions of Contract
which is inserted in the Bid Data Sheet (BDS):
Section 1: This Letter of Invitation

Section 2: Instruction to Bidders
Section 3: Bid Data Sheet (BDS)
Section 4: Evaluation Criteria
Section 5: Terms of Reference
Section 6: Returnable Bidding Forms
o Form A: Technical Proposal Submission Form
o Form B: Bidder Information Form
o Form C: Joint Venture/Consortium/Association Information Form
o Form D: Qualification Form
o Form E: Format of Technical Proposal
o Form F: Financial Proposal Submission Form
o Form G: Financial Proposal Form
o Form H: Declaration of Commitment for UNDP Suppliers
If you are interested in submitting a Proposal in response to this RFP, please prepare your Proposal
in accordance with the requirements and procedure as set out in this RFP and submit it by the
Deadline for Submission of Proposals set out in Bid Data Sheet.
Please acknowledge receipt of this RFP by sending an email to licitacoes.jof@un.org.br, indicating
function in eTendering system, where applicable. This will enable you to receive amendments or
updates to the RFP. Should you require further clarifications, kindly communicate with the contact
person/s identified in the attached Bid Data Sheet as the focal point for queries on this RFP.
UNDP looks forward to receiving your Proposal and thank you in advance for your interest in UNDP
procurement opportunities.
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SE C T ION 2 . IN ST R U C TI ON TO B I DD ER S
A. GENERAL PROVISIONS
1. Introduction 1.1 Bidders shall adhere to all the requirements of this RFP, including any
amendments in writing by UNDP. This RFP is conducted in accordance with the
UNDP Programme and Operations Policies and Procedures (POPP) on
Contracts and Procurement which can be accessed at
https://popp.undp.org/SitePages/POPPBSUnit.aspx?TermID=254a9f96-b883-
476a-8ef8-e81f93a2b38d
1.2 Any Proposal submitted will be regarded as an offer by the Bidder and does not
constitute or imply the acceptance of the Proposal by UNDP. UNDP is under no
obligation to award a contract to any Bidder as a result of this RFP.
1.3 As part of the bid, it is desired that the Bidder registers at the United Nations
Global Marketplace (UNGM) website (www.ungm.org). The Bidder may still
submit a bid even if not registered with the UNGM. However, if the Bidder is
selected for contract award, the Bidder must register on the UNGM prior to
contract signature.
2. Fraud & 2.1 UNDP strictly enforces a policy of zero tolerance on proscribed practices,
including fraud, corruption, collusion, unethical or unprofessional practices,
Corruption,
and obstruction of UNDP vendors and requires all bidders/vendors observe the
Gifts and highest standard of ethics during the procurement process and contract
Hospitality -Fraud Policy can be found at
http://www.undp.org/content/undp/en/home/operations/accountability/audit/offic
e_of_audit_andinvestigation.html#anti
2.2 Bidders/vendors shall not offer gifts or hospitality of any kind to UNDP staff
members including recreational trips to sporting or cultural events, theme
parks or offers of holidays, transportation, or invitations to extravagant lunches
or dinners.
2.3 In pursuance of this policy, UNDP
(a) Shall reject a proposal if it determines that the selected bidder has engaged
in any corrupt or fraudulent practices in competing for the contract in
question;
(b) Shall declare a vendor ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if at any time it determines that the vendor has
engaged in any corrupt or fraudulent practices in competing for, or in
executing a UNDP contract.
2.4 All Bidders must adhere to the UN Supplier Code of Conduct, which may be
found at http://www.un.org/depts/ptd/pdf/conduct_english.pdf
3. Eligibility 3.1 A vendor should not be suspended, debarred, or otherwise identified as

ineligible by any UN Organization or the World Bank Group or any other
international Organization. Vendors are therefore required to disclose to UNDP
whether they are subject to any sanction or temporary suspension imposed by
these organizations.
3.2
members, sub-contractors, service providers, suppliers and/or their employees
meet the eligibility requirements as established by UNDP.
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4. Conflict of 4.1 Bidders must strictly avoid conflicts with other assignments or their own
interests, and act without consideration for future work. Bidders found to have
Interests
a conflict of interest shall be disqualified. Without limitation on the generality
of the above, Bidders, and any of their affiliates, shall be considered to have a
conflict of interest with one or more parties in this solicitation process, if they:
a) Are or have been associated in the past, with a firm or any of its affiliates
which have been engaged by UNDP to provide services for the preparation
of the design, specifications, Terms of Reference, cost analysis/estimation,
and other documents to be used for the procurement of the goods and
services in this selection process;
b) Were involved in the preparation and/or design of the programme/project
related to the services requested under this RFP; or
c) Are found to be in conflict for any other reason, as may be established by,
or at the discretion of UNDP.
4.2 In the event of any uncertainty in the interpretation of a potential conflict of
whether or not such a conflict exists.

4.3 Similarly, the Bidders must disclose in their proposal their knowledge of the
following:
a) If the owners, part-owners, officers, directors, controlling shareholders, of
the bidding entity or key personnel are family members of UNDP staff
involved in the procurement functions and/or the Government of the
country or any Implementing Partner receiving services under this RFP; and
b) All other circumstances that could potentially lead to actual or perceived
conflict of interest, collusion or unfair competition practices.
Failure to disclose such an information may result in the rejection of the proposal
or proposals affected by the non-disclosure.
4.4 The eligibility of Bidders that are wholly or partly owned by the Government shall
being registered, operated and managed as an independent business entity, the

extent of Government ownership/share, receipt of subsidies, mandate and
access to information in relation to this RFP, among others. Conditions that may
lead to undue advantage against other Bidders may result in the eventual
rejection of the Proposal.
B. PREPARATION OF PROPOSALS
5. General 5.1 In preparing the Proposal, the Bidder is expected to examine the RFP in detail.
Material deficiencies in providing the information requested in the RFP may
Considerations
result in rejection of the Proposal.
5.2 The Bidder will not be permitted to take advantage of any errors or omissions in
the RFP. Should such errors or omissions be discovered, the Bidder must notify
the UNDP
6. Cost of 6.1 The Bidder shall bear any and all costs related to the preparation and/or
submission of the Proposal, regardless of whether its Proposal was selected or
Preparation of
not. UNDP shall not be responsible or liable for those costs, regardless of the
Proposal conduct or outcome of the procurement process.
7. Language 7.1 The Proposal, as well as any and all related correspondence exchanged by the
Bidder and UNDP, shall be written in the language (s) specified in the BDS.
8. Documents 8.1 The Proposal shall comprise of the following documents:
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Comprising the a) Documents Establishing the Eligibility and Qualifications of the Bidder;
b) Technical Proposal;
Proposal
c) Financial Proposal;
d) Proposal Security, if required by BDS;
e) Any attachments and/or appendices to the Proposal.
9. Documents 9.1 The Bidder shall furnish documentary evidence of its status as an
Establishing the eligible and qualified vendor, using the Forms provided under Section
Eligibility and 6 and providing documents required in those forms. In order to award
Qualifications of a contract to a Bidder, its qualifications must be documented to

the Bidder
10. Technical 10.1 The Bidder is required to submit a Technical Proposal using the Standard Forms
and templates provided in Section 6 of the RFP.
Proposal Format
and Content 10.2 The Technical Proposal shall not include any price or financial information. A
Technical Proposal containing material financial information may be declared
non-responsive.
10.3 Samples of items, when required as per Section 5, shall be provided within the
time specified and unless otherwise specified by UNDP, and at no expense to
UNDP
10.4 When applicable and required as per Section 5, the Bidder shall describe the
necessary training programme available for the maintenance and operation of
the services and/or equipment offered as well as the cost to the UNDP. Unless
otherwise specified, such training as well as training materials shall be provided
in the language of the Bid as specified in the BDS.
11. Financial 11.1 The Financial Proposal shall be prepared using the Standard Form provided in
Section 6 of the RFP. It shall list all major cost components associated with the
Proposals
services, and the detailed breakdown of such costs.
11.2 Any output and activities described in the Technical Proposal but not priced in
the Financial Proposal, shall be assumed to be included in the prices of other
activities or items, as well as in the final total price.
11.3 Prices and other financial information must not be disclosed in any other place
except in the financial proposal.
12. Proposal 12.1 A Proposal Security, if required by BDS, shall be provided in the amount and
form indicated in the BDS. The Proposal Security shall be valid up to thirty (30)
Security
days after the final date of validity of the Proposal.
12.2 The Proposal Security shall be included along with the Technical Proposal. If
Proposal Security is required by the RFP but is not found along with the Technical
Proposal, the Proposal shall be rejected.
12.3 If the Proposal Security amount or its validity period is found to be less than
what is required by UNDP, UNDP shall reject the Proposal.
12.4 In the event an electronic submission is allowed in the BDS, Bidders shall include
a copy of the Bid Security in their proposal and the original of the Proposal
Security must be sent via courier or hand delivery as per the instructions in BDS.
12.5 The Proposal Security may be forfeited by UNDP, and the Proposal rejected, in
the event of any one or combination, of the following conditions:
a) If the Bidder withdraws its offer during the period of the Proposal Validity
specified in the BDS, or;
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b) In the event that the successful Bidder fails:
i. to sign the Contract after UNDP has issued an award; or
ii. to furnish the Performance Security, insurances, or other documents
that UNDP may require as a condition precedent to the effectivity of
the contract that may be awarded to the Bidder.
13. Currencies 13.1 All prices shall be quoted in the currency or currencies indicated in the BDS.
Where Proposals are quoted in different currencies, for the purposes of
comparison of all Proposals:
a) UNDP will convert the currency quoted in the Proposal into the UNDP
preferred currency, in accordance with the prevailing UN operational rate of
exchange on the last day of submission of Proposals; and
b) In the event that UNDP selects a proposal for award that is quoted in a
currency different from the preferred currency in the BDS, UNDP shall
using the conversion method specified above.
14. Joint Venture, 14.1 If the Bidder is a group of legal entities that will form or have formed a Joint
Venture (JV), Consortium or Association for the Proposal, they shall confirm in
Consortium or
their Proposal that : (i) they have designated one party to act as a lead entity,
Association duly vested with authority to legally bind the members of the JV, Consortium or
Association jointly and severally, which shall be evidenced by a duly notarized
Agreement among the legal entities, and submitted with the Proposal; and (ii)
if they are awarded the contract, the contract shall be entered into, by and
between UNDP and the designated lead entity, who shall be acting for and on
behalf of all the member entities comprising the joint venture.
14.2 After the Deadline for Submission of Proposal, the lead entity identified to
represent the JV, Consortium or Association shall not be altered without the prior
written consent of UNDP.
14.3 The lead entity and the member entities of the JV, Consortium or Association
shall abide by the provisions of Clause 9 herein in respect of submitting only one
proposal.
14.4 The description of the organization of the JV, Consortium or Association must
clearly define the expected role of each of the entity in the joint venture in
delivering the requirements of the RFP, both in the Proposal and the JV,
Consortium or Association Agreement. All entities that comprise the JV,
Consortium or Association shall be subject to the eligibility and qualification
assessment by UNDP.
14.5 A JV, Consortium or Association in presenting its track record and experience
should clearly differentiate between:
a) Those that were undertaken together by the JV, Consortium or Association;
and
b) Those that were undertaken by the individual entities of the JV, Consortium
or Association.
14.6 Previous contracts completed by individual experts working privately but who
are permanently or were temporarily associated with any of the member firms
cannot be claimed as the experience of the JV, Consortium or Association or
those of its members, but should only be claimed by the individual experts
themselves in their presentation of their individual credentials.
14.7 JV, Consortium or Associations are encouraged for high value, multi-sectoral
requirements when the spectrum of expertise and resources required may not
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be available within one firm.
15. Only One 15.1 The Bidder (including the individual members of any Joint Venture) shall submit
only one Proposal, either in its own name or as part of a Joint Venture.
Proposal
15.2 Proposals submitted by two (2) or more Bidders shall all be rejected if they are
found to have any of the following:
a) they have at least one controlling partner, director or shareholder in
common; or
b) any one of them receive or have received any direct or indirect subsidy from
the other/s; or
c) they have the same legal representative for purposes of this RFP; or
d) they have a relationship with each other, directly or through common third
parties, that puts them in a position to have access to information about, or
influence on the Proposal of, another Bidder regarding this RFP process;
e) they are subcontractors to
Proposal also submits another Proposal under its name as lead Bidder; or
f) some key personnel proposed to be in the team of one Bidder participates
in more than one Proposal received for this RFP process. This condition
relating to the personnel, does not apply to subcontractors being included
in more than one Proposal.
16. Proposal 16.1 Proposals shall remain valid for the period specified in the BDS, commencing on
the Deadline for Submission of Proposals. A Proposal valid for a shorter period
Validity Period
may be rejected by UNDP and rendered non-responsive.
16.2 During the Proposal validity period, the Bidder shall maintain its original
Proposal without any change, including the availability of the Key Personnel, the
proposed rates and the total price.
17. Extension of 17.1 In exceptional circumstances, prior to the expiration of the proposal validity
period, UNDP may request Bidders to extend the period of validity of their
Proposal Validity
Proposals. The request and the responses shall be made in writing, and shall be
Period considered integral to the Proposal.
17.2 If the Bidder agrees to extend the validity of its Proposal, it shall be done without
any change in the original Proposal.
17.3 The Bidder has the right to refuse to extend the validity of its Proposal, and in
which case, such Proposal will not be further evaluated.
18. Clarification 18.1 Bidders may request clarifications on any of the RFP documents no later than
the date indicated in the BDS. Any request for clarification must be sent in writing
of Proposal
in the manner indicated in the BDS. If inquiries are sent other than specified
channel, even if they are sent to a UNDP staff member, UNDP shall have no
obligation to respond or confirm that the query was officially received.
18.2 UNDP will provide the responses to clarifications through the method specified
in the BDS.
18.3 UNDP shall endeavor to provide responses to clarifications in an expeditious
manner, but any delay in such response shall not cause an obligation on the part
of UNDP to extend the submission date of the Proposals, unless UNDP deems
that such an extension is justified and necessary.
19. Amendment 19.1 At any time prior to the deadline of Proposal submission, UNDP may for any
reason, such as in response to a clarification requested by a Bidder, modify the
of Proposals
RFP in the form of an amendment to the RFP. Amendments will be made
9
available to all prospective bidders.
19.2 If the amendment is substantial, UNDP may extend the Deadline for submission
of proposal to give the Bidders reasonable time to incorporate the amendment
into their Proposals.
20. Alternative 20.1 Unless otherwise specified in the BDS, alternative proposals shall not be
considered. If submission of alternative proposal is allowed by BDS, a Bidder may
Proposals
submit an alternative proposal, but only if it also submits a proposal conforming
to the RFP requirements. UNDP shall only consider the alternative proposal
offered by the Bidder whose conforming proposal ranked the highest as per the
specified evaluation method. Where the conditions for its acceptance are met,
or justifications are clearly established, UNDP reserves the right to award a
contract based on an alternative proposal.
20.2 If multiple/alternative proposals are being submitted, they must be clearly
21. Pre-Bid 21.1 be conducted at the date, time and

location specified in the BDS. All Bidders are encouraged to attend. Non-
Conference
attendance, however, shall not result in disqualification of an interested Bidder.
procurement
website and shared by email or on the e-Tendering platform as specified in the
BDS. No verbal statement made during the conference shall modify the terms
and conditions of the RFP, unless specifically incorporated in the Minutes of the
s Conference or issued/posted as an amendment to RFP.
C. SUBMISSION AND OPENING OF PROPOSALS

22. Submission 22.1 The Bidder shall submit a duly signed and complete Proposal comprising the
documents and forms in accordance with the requirements in the BDS. The
submission shall be in the manner specified in the BDS.
22.2 The Proposal shall be signed by the Bidder or person(s) duly authorized to
commit the Bidder. The authorization shall be communicated through a
document evidencing such authorization issued by the legal representative of
the bidding entity, or a Power of Attorney, accompanying the Proposal.
22.3 Bidders must be aware that the mere act of submission of a Proposal, in and of
itself, implies that the Bidder fully accepts the UNDP General Contract Terms and
Conditions.
Hard copy (manual) 22.4 Hard copy (manual) submission by courier or hand delivery allowed or specified
submission in the BDS shall be governed as follows:
a)
copies shall be made from the signed original only. If there are
discrepancies between the original and the copies, the original shall prevail.
b) The Technical Proposal and the Financial Proposal envelopes MUST BE
COMPLETELY SEPARATE and each of them must be submitted sealed
SHALL clearly indicate the name of the Bidder. The outer envelopes shall:
i. Bear the name and address of the bidder;
ii. Be addressed to UNDP as specified in the BDS
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iii. Not to be opened before the time and date
for proposal opening
If the envelopes and packages with the Proposal are not sealed and marked
as required, UNDP shall assume no responsibility for the misplacement, loss,
Email Submission or premature opening of the Proposal.
22.5 Email submission, if allowed or specified in the BDS, shall be governed as follows:
a) Electronic files that form part of the proposal must be in accordance with
the format and requirements indicated in BDS;
b) The Technical Proposal and the Financial Proposal files MUST BE
COMPLETELY SEPARATE. The financial proposal shall be encrypted with
different passwords and clearly labelled. The files must be sent to the
dedicated email address specified in the BDS.
c) The password for opening the Financial Proposal should be provided only
upon request of UNDP. UNDP will request password only from bidders
whose Technical Proposal has been found to be technically responsive.
Failure to provide correct password may result in the proposal being
eTendering submission rejected.
22.6 Electronic submission through eTendering, if allowed or specified in the BDS,
shall be governed as follows:
a) Electronic files that form part of the proposal must be in accordance with
the format and requirements indicated in BDS;
b) The Technical Proposal and the Financial Proposal files MUST BE
COMPLETELY SEPARATE and each of them must be uploaded individually
and clearly labelled.
c) The Financial Proposal file must be encrypted with a password so that it
cannot be opened nor viewed until the password is provided. The password
for opening the Financial Proposal should be provided only upon request of
UNDP. UNDP will request password only from bidders whose technical
proposal has been found to be technically responsive. Failure to provide the
correct password may result in the proposal being rejected.
d) Documents which are required to be in original form (e.g. Bid Security, etc.)
must be sent via courier or hand delivery as per the instructions in BDS.
e) Detailed instructions on how to submit, modify or cancel a bid in the
eTendering system are provided in the eTendering system Bidder User
Guide and Instructional videos available on this link:
http://www.undp.org/content/undp/en/home/operations/procurement/bu
siness/procurement-notices/resources/
23. Deadline for 23.1 Complete Proposals must be received by UNDP in the manner, and no later than
the date and time, specified in the BDS. UNDP shall only recognize the date and
Submission of
time that the bid was received by UNDP
Proposals and
23.2 UNDP shall not consider any Proposal that is submitted after the deadline for
Late Proposals the submission of Proposals.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute or modify its Proposal after it has been
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Substitution, and submitted at any time prior to the deadline for submission.
Modification of 24.2 Manual and Email submissions: A bidder may withdraw, substitute or modify its
Proposals Proposal by sending a written notice to UNDP, duly signed by an authorized
representative, and shall include a copy of the authorization (or a Power of
Attorney). The corresponding substitution or modification of the Proposal, if any,
must accompany the respective written notice. All notices must be submitted in
the same manner as specified for submission of proposals, by clearly marking
24.3 eTendering: A Bidder may withdraw, substitute or modify its Proposal by

Canceling, Editing, and re-submitting the proposal directly in the system. It is
the responsibility of the Bidder to properly follow the system instructions, duly
edit and submit a substitution or modification of the Proposal as needed.
Detailed instructions on how to cancel or modify a Proposal directly in the
system are provided in Bidder User Guide and Instructional videos.
24.4 Proposals requested to be withdrawn shall be returned unopened to the Bidders
(only for manual submissions), except if the bid is withdrawn after the bid has
been opened
25. Proposal 25.1 There is no public bid opening for RFPs. UNDP shall open the Proposals in the
presence of an ad-hoc committee formed by UNDP, consisting of at least two
Opening
(2) members. In the case of e-Tendering submission, bidders will receive an
automatic notification once their proposal is opened.
D. EVALUATION OF PROPOSALS
26. Confidentialit 26.1 Information relating to the examination, evaluation, and comparison of
Proposals, and the recommendation of contract award, shall not be disclosed to
y
Bidders or any other persons not officially concerned with such process, even
after publication of the contract award.
26.2 Any effort by a Bidder or anyone on behalf of the Bidder to influence UNDP in
the examination, evaluation and comparison of the Proposals or contract award
be
27. Evaluation of 27.1 The Bidder is not permitted to alter or modify its Proposal in any way after the
proposal submission deadline except as permitted under Clause 24 of this RFP.
Proposals
UNDP will conduct the evaluation solely on the basis of the submitted Technical
and Financial Proposals.
27.2 Evaluation of proposals is made of the following steps:
a) Preliminary Examination
b) Minimum Eligibility and Qualification (if pre-qualification is not done)
c) Evaluation of Technical Proposals
d) Evaluation of Financial Proposals
28. Preliminary 28.1 UNDP shall examine the Proposals to determine whether they are complete with
respect to minimum documentary requirements, whether the documents have
Examination
been properly signed, and whether the Proposals are generally in order, among
other indicators that may be used at this stage. UNDP reserves the right to reject
any Proposal at this stage.
29. Evaluation of 29.1 Eligibility and Qualification of the Bidder will be evaluated against the Minimum
Eligibility/Qualification requirements specified in the Section 4 (Evaluation
Eligibility and
Criteria).
Qualification
29.2 In general terms, vendors that meet the following criteria may be considered
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qualified:
a) They are not included in the UN Security Council 1267/1989 Committee's
list;
b) They have a good financial standing and have access to adequate financial
resources to perform the contract and all existing commercial
commitments,
c) They have the necessary similar experience, technical expertise, production
capacity where applicable, quality certifications, quality assurance
procedures and other resources applicable to the provision of the services
required;
d) They are able to comply fully with UNDP General Terms and Conditions of
Contract;
e) They do not have a consistent history of court/arbitral award decisions
against the Bidder; and
f) They have a record of timely and satisfactory performance with their clients.
30. Evaluation of 30.1 The evaluation team shall review and evaluate the Technical Proposals on the
basis of their responsiveness to the Terms of Reference and other RFP
Technical and
documents, applying the evaluation criteria, sub-criteria, and point system
Financial specified in the Section 4 (Evaluation Criteria). A Proposal shall be rendered non-
Proposals responsive at the technical evaluation stage if it fails to achieve the minimum
technical score indicated in the BDS. When necessary and if stated in the BDS,
UNDP may invite technically responsive bidders for a presentation related to
their technical proposals. The conditions for the presentation shall be provided
in the bid document where required.
30.2 In the second stage, only the Financial Proposals of those Bidders who achieve
the minimum technical score will be opened for evaluation. The Financial
Proposals corresponding to Technical Proposals that were rendered non-
responsive shall remain unopened, and, in the case of manual submission, be
returned to the Bidder unopened. For emailed Proposals and e-tendering
submissions, UNDP will not request for the password of the Financial Proposals
of bidders whose Technical Proposal were found not responsive.
30.3 The evaluation method that applies for this RFP shall be as indicated in the BDS,
which may be either of two (2) possible methods, as follows: (a) the lowest priced
method which selects the lowest evaluated financial proposal of the technically
responsive Bidders; or (b) the combined scoring method which will be based on
a combination of the technical and financial score.
30.4 When the BDS specifies a combined scoring method, the formula for the rating
of the Proposals will be as follows:
Rating the Technical Proposal (TP):
TP Rating = (Total Score Obtained by the Offer / Max. Obtainable Score for TP) x
100
Rating the Financial Proposal (FP):
FP Rating = (Lowest Priced Offer / Price of the Offer Being Reviewed) x 100
Total Combined Score:
Combined Score = (TP Rating) x (Weight of TP, e.g. 70%) + (FP Rating) x (Weight of FP,
e.g., 30%)
13
31. Due 31.1 UNDP reserves the right to undertake a due diligence exercise, also called post
qualification, aimed at determining to its satisfaction, the validity of the
Diligence
information provided by the Bidder. Such exercise shall be fully documented
and may include, but need not be limited to, all or any combination of the
following:
a) Verification of accuracy, correctness and authenticity of information
provided by the Bidder;
b) Validation of extent of compliance to the RFP requirements and evaluation
criteria based on what has so far been found by the evaluation team;
c) Inquiry and reference checking with Government entities with jurisdiction
on the Bidder, or with previous clients, or any other entity that may have
done business with the Bidder;
d) Inquiry and reference checking with previous clients on the performance
on on-going or contracts completed, including physical inspections of
previous works, as necessary;
e) Physical i
business transpires, with or without notice to the Bidder;
f) Other means that UNDP may deem appropriate, at any stage within the
selection process, prior to awarding the contract.
32. Clarification 32.1 To assist in the examination, evaluation and comparison of Proposals, UNDP
may, at its discretion, ask any Bidder for a clarification of its Proposal.
of Proposals
32.2
change in the prices or substance of the Proposal shall be sought, offered, or
permitted, except to provide clarification, and confirm the correction of any
arithmetic errors discovered by UNDP in the evaluation of the Proposals, in
accordance with RFP.
32.3 Any unsolicited clarification submitted by a Bidder in respect to its Proposal,
which is not a response to a request by UNDP, shall not be considered during
the review and evaluation of the Proposals.
33. Responsivenes 33.1 ill be based on the

contents of the Proposal itself. A substantially responsive Proposal is one that
s of Proposal
conforms to all the terms, conditions, TOR and other requirements of the RFP
without material deviation, reservation, or omission.
33.2 If a Proposal is not substantially responsive, it shall be rejected by UNDP and
may not subsequently be made responsive by the Bidder by correction of the
material deviation, reservation, or omission.
34. Nonconformiti 34.1 Provided that a Proposal is substantially responsive, UNDP may waive any non-
conformities or omissions in the Proposal that, in the opinion of UNDP, do not
es, Reparable
constitute a material deviation.
Errors and
34.2 UNDP may request the Bidder to submit the necessary information or
Omissions documentation, within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Proposal related to documentation
requirements. Such omission shall not be related to any aspect of the price of
14
the Proposal. Failure of the Bidder to comply with the request may result in the
rejection of its Proposal.
34.3 For Financial Proposal that has been opened, UNDP shall check and correct
arithmetical errors as follows:
a) if there is a discrepancy between the unit price and the line item total that
is obtained by multiplying the unit price by the quantity, the unit price
shall prevail and the line item total shall be corrected, unless in the opinion
of UNDP there is an obvious misplacement of the decimal point in the unit
price; in which case the line item total as quoted shall govern and the unit
price shall be corrected;
b) if there is an error in a total corresponding to the addition or subtraction
of subtotals, the subtotals shall prevail and the total shall be corrected;
and
c) if there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an
arithmetic error, in which case the amount in figures shall prevail.
34.4 If the Bidder does not accept the correction of errors made by UNDP, its Proposal
shall be rejected.
E. AWARD OF CONTRACT
35. Right to 35.1 UNDP reserves the right to accept or reject any Proposal, to render any or all of
the Proposals as non-responsive, and to reject all Proposals at any time prior to
Accept, Reject,
award of contract, without incurring any liability, or obligation to inform the
Any or All
Proposals to award the contract to the lowest priced offer.
36. Award Criteria 36.1 Prior to expiration of the proposal validity, UNDP shall award the contract to the
qualified Bidder based on the award criteria indicated in the BDS.
37. Debriefing 37.1 In the event that a Bidder is unsuccessful, the Bidder may request a debriefing
from UNDP. The purpose of the debriefing is to discuss the strengths and
its future proposals for UNDP procurement opportunities. The content of other
sion shall not be
discussed.
38. Right to Vary 38.1 At the time of award of Contract, UNDP reserves the right to vary the quantity
of services and/or goods, by up to a maximum twenty-five per cent (25%) of the
Requirements at
total offer, without any change in the unit price or other terms and conditions.
the Time of
Award
39. Contract 39.1 Within fifteen (15) days from the date of receipt of the Contract, the successful
Bidder shall sign and date the Contract and return it to UNDP. Failure to do so
Signature
may constitute sufficient grounds for the annulment of the award, and forfeiture
of the Proposal Security, if any, and on which event, UNDP may award the
Contract to the Second Ranked Bidder or call for new Proposals.
40. Contract Type 40.1 The types of Contract to be signed and the applicable UNDP Contract General
Terms and Conditions, as specified in BDS, can be accessed at
and General
http://www.undp.org/content/undp/en/home/procurement/business/how-we-
Terms and buy.html
Conditions
15
41. Performance 41.1 40.1 A performance security, if required in BDS, shall be provided in the amount
Security specified in BDS and form available at
https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP
_DOCUMENT_LIBRARY/Public/PSU_Solicitation_Performance%20Guarantee%20
Form.docx&action=default within fifteen (15) days of the contract signature by

both parties. Where a performance security is required, the receipt of the
performance security by UNDP shall be a condition for rendering the contract
effective.
42. Bank 42.1

no advance payment(s) (i.e., payments without having received any outputs). If
Guarantee for
an advance payment is allowed as per BDS, and exceeds 20% of the total
Advanced contract price, or USD 30,000, whichever is less, the Bidder shall submit a Bank
Payment Guarantee in the full amount of the advance payment in the form available at
https://popp.undp.org/_layouts/15/WopiFrame.aspx?sourcedoc=/UNDP_POPP
_DOCUMENT_LIBRARY/Public/PSU_Contract%20Management%20Payment%20
and%20Taxes_Advanced%20Payment%20Guarantee%20Form.docx&action=de
fault
43. Liquidated 43.1 If specified in BDS, UNDP shall apply Liquidated Damages resulting from the
Damages
44. Payment 44.1 Payment will be made only upon UNDP's acceptance of the work performed.
The terms of payment shall be within thirty (30) days, after receipt of invoice
Provisions
and certification of acceptance of work issued by the proper authority in UNDP
with direct supervision of the Contractor. Payment will be effected by bank
transfer in the currency of contract.
45. Vendor 45.1

persons or firms not awarded a contract through a competitive procurement
Protest
process. In the event that a Bidder believes that it was not treated fairly, the
following link provides further details regarding UNDP vendor protest
procedures:
http://www.undp.org/content/undp/en/home/operations/procurement/busine
ss/protest-and-sanctions.html
46. Other 46.1 In the event that the Bidder offers a lower price to the host Government (e.g.
General Services Administration (GSA) of the federal government of the United
Provisions
States of America) for similar services, UNDP shall be entitled to same lower
price. The UNDP General Terms and Conditions shall have precedence.
46.2 UNDP is entitled to receive the same pricing offered by the same Contractor in
contracts with the United Nations and/or its Agencies. The UNDP General Terms
and Conditions shall have precedence.
46.3 The United Nations has established restrictions on employment of (former) UN
staff who have been involved in the procurement process as per bulletin
ST/SGB/2006/15
http://www.un.org/en/ga/search/view_doc.asp?symbol=ST/SGB/2006/15&refer
er
16
SE C T ION 3 . B I D DATA S HE E T
The following data for the services to be procured shall complement, supplement, or amend the provisions
in the Request for Proposals. In the case of a conflict between the Instructions to Bidders, the Data Sheet,
and other annexes or references attached to the Data Sheet, the provisions in the Data Sheet shall prevail.
Ref. to
BDS
No.
Section. Data Specific Instructions / Requirements
2
1 7 English and Portuguese

Language of the
For Brazilian proposer Portuguese language shall prevail.
Proposal
For Foreign proposer English language shall prevail.
2 Submitting Proposals for

Parts or sub-parts of the Not Allowed
TOR (partial bids)
3 20 Alternative Proposals Shall not be considered
Time: 03:00 p.m. (Brasília-DF Time Zone)

Date: 27th April 2021
4 21 Pre-proposal conference
Zoom Link:
https://undp.zoom.us/j/83303084298?pwd=bVhUR1JVdjNMNH
AwQ3dRbm9pL3ArUT09
5 16 Proposal Validity 90 days

Period
6 12 Bid Security Not Required
7
42
Advanced Payment Not Allowed
upon signing of contract
8 Will be imposed as follows:
Percentage of contract price per day of delay: 0,5

43 Liquidated Damages Penalties will be applied for delays in delivery of any of
the given products / deliverables in the resulting contract.
Once a deduction of 10 percent has been obtained, the
Business Unit may consider termination of the contract.
17
9 41 Performance Security
Required in the form of Bank Guarantee or administrative
check to be issued by a Bank, in the amount
correspondent to 10% of contract value.
10 13 Currency of Proposal United States Dollar
Local Currency: Brazilian Reais
For evaluation purpose UNDP will convert the currency

quoted in the Proposal into United States Dollar;
exchange rate to be considered is the UN Exchange Rate,
that can be verified in the Link:
https://treasury.un.org/operationalrates/OperationalRate
s.php
Note: Payment to National/Local Proposers will be made

in Reais.
11 18 Deadline for submitting

requests for 29th April 2021
clarifications/ questions
12 18 Contact Details for JOF Websistem: https://www.un.org.br

submitting E-mail address: licitacoes.jof@un.org.br
clarifications/questions
Referes to RFP JOF Nº 2372/2021 Event ID
0000008992
13 18, 19 Manner of
and 21 Disseminating JOF Website: https://www.un.org.br and
Supplemental
Information to the RFP eTendering System: https://etendering.partneragencies.org
and
responses/clarifications
to queries
1 23
Day and time deadline for submission is the one
Deadline for Submission
indicated in Etendering system.
15 22 Allowable Manner of e-Tendering (Only)

Submitting Proposals
General Information on the e-Tendering System:
https://www.undp.org/content/undp/en/home/procurement/busine
ss/resources-for-bidders.html
18
Note: The Financial proposal shall be protected by password.
In the field related to the amount quoted it is required to state
in the ETendering system.
16 22 Proposal Submission https://etendering.partneragencies.org

Address
RFP JOF 2372/2021 Event ID: 0000008992
17 22 Electronic submission Format: PDF files only

File names must be maximum 60 characters long and
e-Tendering
requirements
must not contain any letter or special character.
All files must be free of viruses and not corrupted.
Password for financial proposal must not be provided
until requested by JOF
In the eTendering system you shall mark 1 under
financial proposal field and attach the Financial
proposal as an annex password protected
Max. File Size per transmission: 20 MB
18 27 Evaluation Method for Combined Scoring Method, using the 70%-30%

36 the Award of Contract distribution for technical and financial proposals
respectively
The minimum technical score required to pass is 70%.
Expected date for July 2021

19 commencement of
Contract
20 Maximum expected 24 months

duration of contract
21 35 UNDP will award the One Proposer Only

contract to:
22 39 Type of Contract Contract for Goods and Services for UNDP
http://www.undp.org/content/undp/en/home/procurement/business/ho
w-we-buy.html
23 39 UNDP Contract UNDP General Terms and Conditions for Professional

Terms and Services
Conditions that will
apply
19
http://www.undp.org/content/undp/en/home/procurement/business/ho
w-we-buy.html
20
SE C T ION 4 . E VA LUAT IO N CR I TE R IA
The Evaluation Criteria is comprised of two stages as follows:
First Stage: Preliminary Examination (Formal aspects); Minimum Eligibility and Qualification requirements
and Technical Evaluation (scoring of proposals attending the formal requirements, minimum eligibility and
qualification requirements);
Second Stage: Comercial Evaluation (only the Financial Proposals of those Bidders who achieve the minimum
technical score will be opened for evaluation);
Note: The Bidders that do not achieve the minimum technical score required (70% of total score) will not
have their financial proposal opened.
The proposal with highest Combined Score (TP Rating x 70%) + (FP Rating x 30%) will be selected.
PRELIMINARY EXAMINATION CRITERIA

Proposals will be examined to determine whether they are complete and submitted in accordance with RFP
requirements as per below criteria on a Yes/No basis:
Appropriate signatures
Power of Attorney
Quality and Environmental certificates, if any;
Minimum documents provided
Technical and Financial Proposals submitted separately
Financial Proposal protected by password
Bid Validity
In case of JV/Consortium/Association, corresponding document identifying the leader company and
all partners shall be presented
Minimum Eligibility and Qualification Criteria

Eligibility and Qualification will be evaluated on Pass/Fail basis.
If the Proposal is submitted as a Joint Venture/Consortium/Association, each member should meet minimum
criteria, unless otherwise specified in the criterion.
Subject Criteria Document Submission requirement

ELIGIBILITY
Form B: Bidder Information Form
Brazilian Companies shall present the CNPJ

document.
Legal Status Vendor is a legally registered entity.
Foreign Bidders shall present the tax
identification number or equivalent.
Vendor is not suspended, nor debarred, nor Form A: Technical Proposal Submission Form
Eligibility otherwise identified as ineligible by any UN
Organization or the World Bank Group or any
21
other international Organization in
accordance with RFP clause 3.
Conflict of Interest No conflicts of interest in accordance with Form A: Technical Proposal Submission Form
RFP clause 4.
Not declared bankruptcy, not involved in
bankruptcy or receivership proceedings, and Form A: Technical Proposal Submission Form
Bankruptcy there is no judgment or pending legal
action against the vendor that could impair
its operations in the foreseeable future.
DECLARATION OF COMMITMENT FOR Form H of Section 6 - RETURNABLE BIDDING
Declaration
UNDP SUPPLIERS FORMS
Brazilian Companies:
Presentation of sworn declaration

concerning the validity of following
documents:
Constitutive Document - Declaration of

Individual Signature, Statute or Social Contract
- in force, duly registered or registered with the
competent body, and with the evidence of the
board of directors in office;
Negative Certificate of Bankrupt or Judicial

Recovery issued by the notary offices of the
Bidder's headquarters;
Bidders shall comply with the following
Other Eligibility
requirements.
Criteria Negative Certificate of Debts with Federal
Taxes and Contributions issued by the Federal
Revenue Service of Brazil;
Negative Certificate of Debts with State Taxes

and Contributions or of the Federal District
issued by the competent body of Brazil;
Negative Certificate of Debts with Taxes and

Municipal Contributions issued by the
competent body of Brazil;
Negative Debit Certificate (CND), issued by the

Federal Revenue Service of Brazil;
Certificate of Regularity of the FGTS, issued by

Caixa Econômica Federal (CEF);
22
In the case of non-Brazilian proposers, the
corresponding equivalent documentation shall
be presented.
The winner bidder shall present valid

documentation above mentioned for
contract signature.
QUALIFICATION
History of Non- Non-performance of a contract did not
Performing occur as a result of contractor default for Form D: Qualification Form
Contracts1 the last 3 years.
No consistent history of court/arbitral award
Litigation History decisions against the Bidder for the last 3 Form D: Qualification Form
years.
Form D: Qualification Form

1 (One) proven experience in port
planning, in Brazil or abroad.
If the experience relates to port planning in
Minimum 1(One) contract of similar
value, nature and complexity
Brazil, the elaboration or updating of any of
Previous the sector's planning instruments will be
implemented over the last 07 (seven)
Experience of the
years. considered (Master Port Plans, Master Plans,
Bidder
(For JV/Consortium/Association, all Parties National Port Logistics Plan, " Plano
cumulatively should meet requirement). Nacional de Logística Portuária" - PNLP2,
General Grant Plan, "Plano Geral de Outorga'
PGO, or Development and Zoning Plan -
DZP "Plano de Desenvolvimento e
Zoneamento" PDZ), as provided for in
Ordinances SEP / PR nº 03/2014 or MINFRA
nº 61/2020 or, still, Strategic Plans for Port
Administrations of Public Ports, whose
contents are comparable to those of the
Development and Zoning Plans - DZP.
Works for the preparation of port planning
instruments in the country prior to 2014 will
1
Non-performance, as decided by UNDP, shall include all contracts where (a) non-performance was not challenged by the contractor,
including through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so
challenged but fully settled against the contractor. Non-performance shall not include contracts where Employers decision was
overruled by the dispute resolution mechanism. Non-performance must be based on all information on fully settled disputes or
litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the respective
contract and where all appeal instances available to the Bidder have been exhausted.
2
Although the PNLP was discontinued after the publication of Ordinance MINFRA nº 61, of June 10, 2020, supporting documents
for this instrument will be admitted, in order to increase the competitiveness of the contest, since its extinction occurred only recently
and there is technical relevance among the instruments.
23
also be considered eligible for technical
qualification purposes, provided that they
refer to at least one organized port and that
they are consistent with the logic expressed
by the instruments in accordance with the
aforementioned ordinances, respecting the
differences in methodology and content.
In case the experience refers to port

planning abroad, the BIDDER must
demonstrate the similarity of cargo
handling, nature and complexity of the
port abroad in relation to any of the 7
(seven) port complexes object of this Term
of Reference, namely: Paranaguá and
Antonina / PR; São Francisco do Sul / SC;
Santana / AP; Santarém / PA; Belém-Vila do
Conde / PA; Itaqui / MA; and Itajaí / SC.
The BIDDER must use the following

minimum parameters, from one of the seven
port complexes taken as a reference:
I) Cargo Handling: the average in

tons of total cargo handled in the
years 2018 and 2019 by the
reference port. Example: Port of
reference - São Francisco do Sul
Complex: in 2018 - 27.40 Mt and in
2019 - 27.78 Mt. Two-year average:
27.59 Mt. Handling data in Brazilian
ports must be obtained from
National Waterway Transportation
Agency - ANTAQ website at
http://web.antaq.gov.br/ANUARIO/.
II) Nature: types of operations carried

out at the port. Example: Port of São
Francisco do Sul is seaport that
receive long-haul ships;
III) Complexity: refers to the contents

covered in the planning project
developed at the port abroad, which
must involve at least the following
themes: port operation, logistics,
environment, and management.
24
Supporting and pertinent documents
must be presented. The referred contract
shall be followed by quality certificate
statement issued by the Client assuring that
the services provided were implemented
within the time and quality expected.
The quality certificate statements should

contain:
Name of the Client (company or
institution) that received the services;
Name and position of the signatory;
Contact (E-mail and telephone
number);
Name of the Project and period of
services implementation; and
Place and Date of issuance.
Certificates issued by companies belonging to

the same economic group as the Bidder will
not be accepted in order to avoid the risk of
conflicts of interest in attesting their
experience.
Economic Group is understood as one or more

companies that, although each with their own
legal personality, are under the direction,
control or administration of another company,
thus constituting an industrial or commercial
group or any other economic activity group.
(For JV/Consortium/Association, all Parties

cumulatively should meet requirement).
Mandatory Bidder must compose its proposal with a

minimum technical team with all profiles and minimum
requirements Form E: Format of Technical Proposal
technical qualifications as listed below (See
for technical the table below with professional profiles
team refences).
Bidder must demonstrate the current

soundness of its financial standing and
Form D: Qualification Form, attached copies of
indicate its prospective long-term
the audited financial statements (balance
profitability. In this regard, the following
Financial Standing sheets, including all related notes, and
information is required:
income statements) for the last 3 years
complying with the following condition:
25
I. Minimum average annual turnover a) Must reflect the financial situation
of USD 900,000.00 for the last 3 of the Bidder or party to a JV, and
years (2017, 2018 and 2019); not sister or parent companies;
b) Historic financial statements must
II.Latest Audited Financial Statement be audited by a certified public
(Income Statement and Balance Sheet) accountant;
c) Historic financial statements must
three years (2017, 2018 and 2019); correspond to accounting periods
already completed and audited. No
III. Income Statement and Balance statements for partial periods shall
be accepted.
Sheet of year 2019 with current ratio
of not less than 1.0.
Positive credit rating report, to be

provided by the bidder, issued by an
external credit rating entity (e.g., Dunn
& Bradstreet, Moody´s Investor
Services) will be required to the
Proposer with highest final score
previous to contract signature.
(For JV/Consortium/Association, all Parties

cumulatively should meet requirement).
Professional Profile References:
POSITION/EXPERTISE MINIMUM ACADEMIC TECHNICAL SKILLS NECESSARY OR

ITEM QTTY.
AREA BACKGROUND EQUIVALENT TO
ADMINISTRATOR OR
PROJECT MANAGER
(General supervision of the

contract. Management of
administrative aspects of
the contract and the
1 respective responsible Bachelor's Project and portfolio management 1
team. Responsible for the
interaction with Project
technical team (EPL)
managers and port
managers).
TEAM COORDINATOR
(Technical coordination and

orientation of technical
categories: biologists,
2 Bachelor's Project and resources manager 1
economists, engineers,
geographers, consultant
etc. in a matrix approach.
Technical aspects of the
services to be provided).
26
Territorial and urban development;
port-city interactions; historical and
3 URBANIST ARCHITECT Bachelor's cultural heritage; urban revitalization; 1
urban mobility; socio-environmental
issues
Marine biology, fauna and flora of
coastal and aquatic biomes,
4 BIOLOGIST Bachelor's 1
environment, environmental licensing,
environmental programs
Port operation; port management;
TECHNICAL foreign trade logistics; port and
CONSULTANT ON PORT multimodal logistics; cabotage;
5 Bachelor's 1
ISSUES administrative treatment of
(any higher training) merchandise; customs treatment;
shipping.
Document and content editing, Visual
High school level
6 GRAPHIC DESIGNER Identity, Graphic Art, Infographics, Maps 1
education
and Layout
Macroeconomic aggregates;
microeconomics; econometrics;
econometric models; analysis of
productive sector markets (supply and
7 ECONOMIST Bachelor's demand); demand/income estimate; 1
demand/price estimate; costs; risk;
game theory; competition analysis in
specific markets; imperfections;
externalities; information.
Transport Engineering, Logistics and
Logistics Systems, Port Engineering,
8 ENGINEER Bachelor's 2
Projects and works of port or waterway
infrastructure
Collection, Extraction, Analysis and
Interpretation of port and sector data,
STATISTICIAN OR DATA
9 Bachelor's Descriptive, inferential, probabilistic 1
SCIENTIST
statistics, regression models, Analysis of
Variance, elaboration of data panels.
Spatialization and georeferencing of
port areas and logistical axes with the
GEOGRAPHER OR
10 Bachelor's help of GIS, symbiotic techniques, 1
CARTOGRAPHER
analysis of port zoning projects,
geospatial analysis
Information and Knowledge
KNOWLEDGE MANAGER
11 Bachelor's Management, knowledge management 1
(any higher training)
models, team training
TECHNICAL REVIEWER Writing and proofreading of technical

12 Bachelor's 1
(any higher training) texts
ESTIMATED TOTAL 13
(*) NOTES: For the qualification of the technical team, higher-level academic training in areas of knowledge
similar to those required for each of the professionals described above will be considered valid.
Chart 4 Professional profiles and necessary skills
The composition of the technical team must be provided and the qualification of the professionals to perform
the proposed activities must be indicated.
Proof of the function, profile and technical competence of the nominated professionals will be carried out by
presenting the following documents:
Postgraduate, Bachelor's or High school level education valid diploma;
27
Curriculum Vitae, duly signed by the designated professional, demonstrating the experience required
for the position; and
Registration with the competent Professional Council, when applicable.
ASSESSMENT OF SCORING ITEMS
The technical proposals of eligible and qualified bidders will be evaluated and scored as follow:
Points
Summary of Technical Proposal Evaluation Forms
Obtainable
1. 200
2. Proposed work plan 300
3. Qualification and experience of key proposed personnel / Qualification of the 500

technical team
Total 1000
BIDDER'S QUALIFICATION
Once the Minimum Eligibility and Qualification Criteria is fulfilled, the BIDDER's qualification will be proven
through the presentation and analysis of Descriptive Memorial about the experience in port planning works
in the following way:
For experiences in port planning in Brazil, the elaboration or updating of any of the sector's planning
instruments will be considered (Master Port Plans, Master Plans, National Port Logistics Plan, " Plano Nacional
de Logística Portuária" - PNLP3, General Grant Plan, "Plano Geral de Outorga' PGO, or Development and
Zoning Plan - DZP "Plano de Desenvolvimento e Zoneamento" PDZ), as provided for in Ordinances SEP / PR
nº 03/2014 or MINFRA nº 61/2020, or, still, Strategic Plans for Port Administrations of Public Ports, whose
contents are comparable to those of the Development and Zoning Plans - DZP. Works for the preparation of
port planning instruments in the country prior to 2014 will also be considered eligible for technical
qualification purposes, provided that they refer to at least one organized port and that they are consistent
with the logic expressed by the instruments in accordance with the aforementioned ordinances, respecting
the differences in methodology and content.
. Said Memorial must present at least 1 (one) work experience within the ones mentioned here, which
may not be the same presented for technical qualification purposes at the contest.
For experiences in port planning abroad, works that demonstrate similarity of cargo handling, nature and
complexity of the port abroad in relation to any of the 7 (seven) port complexes object of this Term of
3
Although the PNLP was discontinued after the publication of Ordinance MINFRA nº 61, of June 10, 2020, supporting documents
for this instrument will be admitted, in order to increase the competitiveness of the contest, since its extinction occurred only recently
and there is technical relevance among the instruments.
28
Reference will be considered, namely: Paranaguá and Antonina / PR; São Francisco do Sul / SC; Santana / AP;
Santarém / PA; Belém-Vila do Conde / PA; Itaqui / MA; and Itajaí / SC.
o The bidder must use the following minimum parameters, from one of the seven port
complexes taken as a reference:
Cargo Handling: the average in tons of total cargo handled in the years 2018 and
2019 by the reference port. Example: Port of reference - São Francisco do Sul
Complex: in 2018 - 27.40 Mt and in 2019 - 27.78 Mt. Two-year average: 27.59 Mt.
Handling data in Brazilian ports must be obtained from National Waterway
Transportation Agency - ANTAQ website at http://web.antaq.gov.br/ANUARIO/.
Nature: types of operations carried out at the port. Example: Port of São Franscisco
do Sul is seaport that receives long-haul ships;
Complexity: refers to the contents covered in the planning project developed at the
port abroad, which must involve at least the following themes: port operation,
logistics, environment, and management.
The BIDDER must present a document with free structure and formatting under the title Descriptive
Memorial that demonstrates the proven experience in the object of the event, containing a brief and
objective description of the work performed, object and objectives of each work, identification of port
terminals, Municipality, Federation Unit, year of execution, the period of work, methodology or method
adopted for the works, main steps or phases and the products delivered. Attach supporting and pertinent
documents for each job described, such as technical capacity certificates and declarations that certify the
completion of services. The document must contain sufficient information that enables the proper analysis of
experiences and should also contain information on the issuer with reference contact.
Scoring criteria of the bidder's qualification
Each work presented in the Descriptive Memorial and accepted under this Term of Reference, together with
supporting documentation, will receive 25 (twenty five) points, up to a maximum of 200 points
corresponding to a maximum of 8 (eight) works.
QUALIFICATION OF THE TECHNICAL TEAM
Based on Chart 4, the technical team's qualification will be assessed (Chart 5). The number of years related
to professional experience for which points would be given must strictly be related to the technical
skills required at the Professional Profile References of pages 26 and 27.
MINIMUM
POSITION/ EXPERTISE MAXIMUM
ITEM ACADEMIC SCORING CRITERIA
AREA SCORE
BACKGROUND
29
Professional experience of
up to 9 years in project
management: 20 points;
Professional experience
over 9 and up to 15 years in
TEAM COORDINATOR
1 Bachelor's project management: 50 80
points;
over 15 years in project
management: 80 points.
up to 2 years in project
management: 10 points;
project management: 20
ADMINISTRATOR OR points;
2 PROJECT MANAGER Bachelor's 80
(any higher training) Professional experience
project management: 40
points;
over 9 years in project
management: 80 points.
up to 9 years in port
projects, including
Bachelor´s degrees: 20
points;
TECHNICAL
CONSULTANT ON
3 Bachelor's port projects, including 70
PORT ISSUES
post graduate degree: 50
points;
over 15 years in port
projects, including
points.
30
up to 5 years: 10 points;
over 5 and up to 9 years,
including postgraduate
4 URBANIST ARCHITECT Bachelor's 30
degrees: 20 points;
over 9 years, including
points.
including post graduate
5 BIOLOGIST Bachelor's 30
degree: 20 points;
over 9 years. including
points.
6 ECONOMIST Bachelor's 40
degree: 20 points;
points.
7 ENGINEER Bachelor's 40
degree: 20 points;
points.
31
STATISTICIAN OR DATA over 5 and up to 9 years: 20
8 Bachelor's 30
SCIENTIST points;
over 9 years: 30 points.
GEOGRAPHER OR over 5 and up to 9 years: 20
9 Bachelor's 30
CARTOGRAPHER points;
KNOWLEDGE
10 MANAGER Bachelor's 40
degree: 20 points;
points.
11 TECHNICAL REVIEWER Bachelor's 20
over 2 to 5 years: 10 points;
12 GRAPHIC DESIGNER Bachelor's 10
ESTIMATED TOTAL 500
32
* NOTE:
I) For the qualification of the technical team, higher-level academic training in areas of knowledge similar to those required for
each of the professionals described above will be considered valid. Scoring criteria establishing combined graduation and
experience requirements, both must be fulfilled in combination. Punctuation will only be granted if both requirements
are accomplished.
II) Graduate/Bachelor´s means a person who is recognized by a university as having completed the requirements of a degree
studied at the institution and postgraduate means a person continuing to study in a field after having successfully completed a
degree course, a second-cycle qualification, a Masters, postgraduate certificate (PGCert) or postgraduate diploma (PGDip).
Chart 5 Scoring criteria of the mains technical team
PROPOSED WORK PLAN
The proposed work plan must describe in a clear, objective and sufficiently detailed manner, the entire
way and means in which the bidder intends to carry out the work required in Activities A1, A2, A3 and A4 and
their products, provided that they meet the execution schedule as defined in Table 2 of this Term of Reference.
For its elaboration, the model defined by UNDP (Form E: Format of Technical Proposal) must be used.
The judgment criteria of the Work Plan are presented in Chart 6, including in the event of subcontracting
activities (see item 22 of this Term of Reference).
CRITERIA FOR
JUDGING THE MAXIMUM
ITEMS FOR CRITERIA ASSESSMENT
PROPOSED WORK SCORE
PLAN
1) Does the Plan contain detailed, sufficient, and clear

explanations that make it possible to understand the
Organization,
strategy defined by the BIDDER to carry out the
clarity, and
C.1 robustness of
works? 50
the work plan 2) Are the activities foreseen in the Plan logical and
robust to carry out the work necessary to comply with
the Terms of Reference?
Adherence
and 1) Is the Plan compliant with the objects and scope of
consistency of the activities provided for in the Terms of Reference?
the work plan 2) Is the physical execution schedule presented in the
to meet Plan adherent and in accordance with what is
C.2 Activities A1, required in Table 2 of this Term of Reference and with 150
A2, A3 and A4 each of the activities provided for in the Terms of
and Reference, according to the respective execution
respective complexity?
products, 3) Are the resources and other elements or components
according to presented in the Plan adherent and consistent to
33
the Terms of obtain the products specified in the Terms of
Reference Reference?
1) Are the work methods or methodologies presented

in the Plan sufficiently detailed and explained, in
order to show adherence and coherence in relation
to the complexity of execution of each of the activities
Work foreseen in the Term of Reference?
methods or 2) Are the work methods or methodologies consistent
methodologie with the proposed physical execution schedule and
C.3 s proposed in
100
with the role/responsibility of the members of the
the work technical team?
plan* 3) Are the work methods or methodologies based on
knowledge and resources already available in the
team or does it include other knowledge and
resources not yet available at the time of the
presentation of the Plan, but essential to the work?
TOTAL: SCORE 300

Chart 6 Criteria for judging the work plan
Note:
I) These are proper methods of project management and execution to be adopted by the technical team in
carrying out their work and should not be confused with that required for Product 1.1 resulting from Activity
A1 of the Terms of Reference.
II) In-depth knowledge of Legislation mentioned in Step 2.1. of the Terms of Reference, in particular Ordinance
61/2020, as it is a mandatory guideline for developing the new methodology for master plans (Product 1.1)
is required. In addition, Law 12815/2013 defines the Brazilian Landlord model and its specificities, which will
also influence and impact the activities defined in the Term of Reference. As technical criteria to assess the
BIDDER's technical qualification in relation to the in-depth knowledge about this legislation and its
regulation, the criteria C1, C2 and C3 defined in Chart 6 - Work Plan will be applied to. For avoiding an
insufficient or fragile Work Plan, the mentioned legislation should be addressed.
III) All current Master Plans and Methodology are in Portuguese for free access via the Ministry of Infrastructure
website (https://www.gov.br/infraestrutura/pt-br/assuntos/transporte-aquaviario/copy_of_planejamento-
portuario) and there are no English versions. For developing a new methodology, at least some of this
references should be fully understood.
Chart 7 shows the percentages and rules for scoring each judgment criterion.
Percentages and scoring rules
34
a) Evaluated b) Supporting evidences c) d)
Criteria Scorin Score
g
Scale
Excellent Requirements submitted and
supported by excellent evidence of
100% 9-10
ability to support and exceed contract
requirements
Good Requirements submitted and
supported by good evidence of ability
80% 7-8
to support and exceed contract
requirements
Satisfactory Requirements submitted and
supported by satisfactory evidence of
60% 5-6
ability to support contract
requirements
Poor Requirements submitted and
supported by marginally acceptable or
40% 3-4
weak evidence of ability to support
contract requirement
Insufficient Requirements submitted but not
supported by evidence to demonstrate
20% 1-2
ability to comply with contract
requirements
No submission Information has not been submitted or
0% 0
is unacceptable
Chart 7 Rules for scoring the criteria
Tiebreaker Criterion
In case of a tie, the highest ranked bidder will be considered the one who obtains the highest
number of points referring to the "Qualification and Experience of the Technical Team".
If the tie persists, the Bidder that obtains the highest number of points referring to the "Work
Plan, Methodology and Approach" will be considered the highest ranked.
35
SE C T ION 5 . T E R MS O F R EF E R EN C E
PROV I S I O N O F S P E CI A LI Z ED T EC HN I CAL SER V I CE S

FO R ME T H O DO LO GY DE V ELO P ME NT, PREPA RAT I O N,
UP DATI NG , K NOW LE D GE TRA NSF ER A ND
MO N I TOR ING OF P O RT MA STE R P L A N.
PROJ EC T BR A / 1 3/ 0 1 3 - EPL
36
LIST OF TABLES AND CHARTS
Chart 1 Forecast of trips over the term of the CONTRACT ....................................................................... 51
Chart 2 Schedule for the execution of activities ............................................................................................ 56
Chart 3 Products, delivery days, and relative weight on the total contract value ............................ 56
Chart 4 Professional profiles and necessary skills ......................................................................................... 27
Chart 5 Scoring criteria of the mains technical team ................................................................................... 31
Chart 6 Scoring criteria of the methodology (work plan) .......................................................................... 32
Chart 7 - Rules for Scoring the criteria ............................................................................................................... 32
37
GLOSSARY
ANTAQ: National Agency of Waterway Transportation
DEVELOPMENT PLAN AND PORT ZONING - PDZ: planning instrument of the Port Authority, which includes
strategies and actions for the expansion and the integrated, orderly, and sustainable development of the
areas and facilities of the organized port.
FISHING TERMINAL: port facility located inside or outside the organized port and used to unload and storing
fish.
GRANTING POWER: The Union, represented by the Ministry of Infrastructure.
KNOWLEDGE MANAGEMENT (KNOWLEDGE MANAGEMENT): management process and respective tools

dedicated to the conception, consolidation, sharing, and consumption of information and knowledge
produced or used in an organization's work.
LEASED TERMINAL: port facility located within the organized port that operates based on a lease.
LEASING: transfer of rights, by the granting authority, of operational public area and infrastructure, located
within the organized port, through previous bidding procedure, and a contract for exploration for a specified
period.
LOAD TRANSFER STATION: port facility operated by authorization, located outside the organized port area
and used exclusively for the transshipment of goods on inland waterway navigation or cabotage vessels,
according to Article 2, V, Law No.12,815 / 2013.
MINFRA: Ministry of Infrastructure.
NATIONAL LOGISTICS PLAN - NLP: planning instrument that constitutes a planning reference for identifying
present and future needs and opportunities for the supply of capacity in the transport subsystems,
recommending studies of new infrastructures, and improvement of existing infrastructures within the scope
of Sectorial Planning.
NATIONAL PORT LOGISTIC PLAN - PNLP: State instrument for strategic planning of the national port sector,
which aims to identify vocations in the different ports, according to the set of their respective areas of
influence, defining short, medium and long term scenarios with intervention alternatives in infrastructure and
management systems, ensuring efficient allocation of resources from prioritizing investments, avoiding
overlapping efforts and considering the provisions of the National Council for the Integration of Transport
Policies - CONIT (instrument extinct by MINFRA Ordinance No. 61/2020).
NATIONAL PORT SECTOR: economic sector composed of organized ports, their respective port
administrations, and private port facilities located outside the organized port's polygonal.
OGMO: Managing Body of Port Workforce, created by Law No. 12.815/2013.
ORGANIZED PORT: public property built and equipped to meet the needs of navigation, passenger
movement, or the movement and storage of goods, and whose traffic and port operations are under the
jurisdiction of the port authority.
ORGANIZED PORT AREA: area delimited by an act of the Executive Branch, comprising port facilities and
protection infrastructure and access to the organized port.
PORT ADMINISTRATION: the port authority exerted directly by the Union, its subsidiaries, the delegate, or
the organized port's concessionaire.
38
PORT AUTHORITY COUNCIL - CAP: The organized port administration, created by Law N.o 12.815/2013 and
regulated by Decree N.o 8.033/2013 and its amendments.
PORT AUTHORITY: the port administration, whose competencies are defined in Article 17 of Law
No.12.815/2013.
PORT COMPLEX: set formed by one or more organized ports and private facilities outside the polygonal of
organized ports located within a defined geographic range, in the same Federation Unit, and which share
access infrastructures, specified for exclusive purposes of sectorial port planning and updating of the
respective Port Master Plan.
PORT FACILITY: facility located inside or outside the organized port area and used in the movement of
passengers, the handling or storage of goods, destined for or coming from waterway transport, according to
Article 2, III, Law No.12,815/2013.
PLAN OF ACTION AND INVESTMENTS: a list of short, medium, and long-term actions and the respective
public or private investments, contained in each Port Master Plan.
PORT MASTER PLAN OR MASTER PLAN: State planning instrument aimed at port complexes covering
organized ports, considering the perspectives of transport planning at a strategic level, aiming to direct short,
medium and long term actions and investments in ports, in the port-city relationship and its accesses.
POLYGONAL: perimeter that defines the organized port area, delimited by the Executive Power that
comprises the port facilities and the protection infrastructure and access to the organized port.
PORT OPERATION: movement and storage of merchandise and/or boarding and landing of passengers
destined or proceeding from waterway transport.
PORT SECTORIAL PLANNING: dedicated planning to the national port system.
PORT TOURISM FACILITY: port facility operated through rental or authorization and used for boarding,
disembarking, and transit of passengers, crew, luggage, and consumables for the provision and supply of
tourism vessels, according to Article 2, VII, Law No.12.815/2013.
PRIVATE ADMINISTRATOR: the authorizing officer for a private port facility outside the organized port area.
PRIVATE USE TERMINAL - PUT: port facility operated with authorization and located outside the organized
port area.
PORT ZONING: The port area division is organized into smaller areas, according to the respective use or
destination.
SFPP: Secretariat for Promotion, Planning, and Partnerships, linked to the Ministry of Infrastructure.
SMALL SIZE PUBLIC PORT FACILITY - IP4: port facility operated by authorization, located outside the
organized port and used for handling passengers or goods in inland waterway navigation vessels, according
to Article 2, VI, Law No.12,815/2013.
SNPTA: National Secretariat for Ports and Waterway Transport, linked to the Ministry of Infrastructure.
***
39
BAC KGR OU N D AN D J UST IF I C AT I ON
With the mission of the Planning and Logistics Company (EPL) to structure and qualify, through studies and
research, the integrated logistics planning process in the country, the International Technical Cooperation
Project - BRA 13/013 - is a tool for institutional strengthening so that the Company can provide the technical
support necessary for the development and achievement of the objectives expected by the Federal
Government in solving the challenges faced by the transport sector, especially concerning its planning.
Recently, the transport sector has become one of the Federal Government's major priorities, which has led to
the strengthening of public policies aimed at the development and expansion of transport and logistics
infrastructures, such as highways, railways, airports, waterways, ports, urban mobility, in public regimen or
through partnerships with the private initiative.
Given this scenario, it became imperative to adapt the Project to the Federal Government demands,
fundamentally related to new Government guidelines and new technical instruments and management
models. In August 2020, EPL proposed substantive Review 4 to the UNDP BRA/13/013 project, which
includes, among its objects, the inclusion of Result 1,8 in Specific Objective 1 ("institutional strengthening
of EPL"), defined as: "Development of methodology for the elaboration, updating, transfer of knowledge
and monitoring of Port Master Plans."
EPL's motivation for proposing Substantive Review 4 stems from negotiations between EPL and the Ministry
of Infrastructure. In 2019, SFPP requested that EPL take "the necessary steps to plan and develop studies for
the 4th PM update cycle, under the guidance and supervision of this SFPP and SNPTA, and may, for this,
contracting technical advisory services from companies or entities with experience in transport planning, at the
discretion of that Company"4. In turn, in 2020, SNPTA formally requested "to count on the assistance and
partnership of this Planning and Logistics Company - EPL to carry out these studies, to proceed with the review
of all Master Plans, in the period 2020 -2023, comprising the 4th update cycle of the referred Plan"5 .
According to Decree No. 10,368, of 22 May 2020, it is incumbent on SFPP "to elaborate, update, monitor and
evaluate the national transport planning, under the competence of the Union" (art. 29, XVI) and SNPTA "to
propose, implement and monitor planning in the waterway and port transportation sectors" (art. 19, XVII), which
includes updating the Master Plans.
The Master Plans are defined in the MINFRA Ordinance N.o 61, of 10 June, 2020, as follows:
"Art. 2 are planning instruments for the national port sector, continuously:
I - Master Plan (MP) - State planning instrument aimed at port complexes covering
organized ports, considering the perspectives of transport planning at a strategic
level, which aims to direct short, medium and long term actions and investments in
ports, in the port-city relationship and its accesses".
41
Cf. Official Letter N.o 764/2020/GAB-SFPP/SFPP (SEI 1972490), of October 8, 2019.
2 Cf. Official Letter N.o 359/2020/SNPTA (SEI 2446444), of May 8, 2020.
5
40
In accepting the request from SNPTA and SFPP, EPL acts as a federal public company, created by Law No.
12,404 / 2011, linked to the Ministry of Infrastructure under Decree No. 10,368 / 2020, and a member of the
Public Administration under Decree-Law No. 200/1967.
Public Administration entities, as expected, are linked to a series of normative documents that, as a whole,
allow to infer their structural features, functionally subject to the public interest, that is, linked to the objectives
of the Brazilian State6. As a state-owned company, EPL is "supporting state affairs":
The core feature of state-owned companies, that is, of public companies and mixed-
capital companies, lies in the fact that they are assistants in state affairs. Nothing
can dissolve this sign carved in its natures. Said legal reality represents the most
certain north for the intellection of these people. Consequently, there is the right
criterion for interpreting the legal principles that are obligatorily applicable to them,
the penalty of converting the accidental - their juridical personalities of Private Law
- into essential, and the essential - their character of auxiliary subjects of the State
- in accidental7.
In this sense, public companies are authentic instruments of State action, as noted by Celso Antônio Bandeira
de Mello in another classic lesson on the theme:
Public companies and mixed-capital companies are, fundamentally and above

all, instruments of State action. The essential characteristic feature of these people
is that they are assistants to the Public Power; therefore, they are entities that, by
definition, seek to transcend merely private interests. 8
Therefore, public companies are subject to the commands expressed in the Federal Constitution,
namely (i) the constitutional principles of Article 37, (ii) the final commands of Articles 3, 170 and
219, (iii) articles 174, 165 and 21, IX9, which determine the mandatory Activity of planning10 for the
achievement of such purposes and (iv) through which the State may act with state companies as business
forms for the provision of public services or the economic development activities in the strict sense 11.
6
epublic of Brazil are: I - to build a
free, just and supportive society; II - guarantee national development; III - eradicate poverty and marginalization and reduce social
and regional inequalities; IV - promote the good of all, without prejudice of origin, race, sex, color, age and any other forms of
7
BANDEIRA DE MELLO, Celso Antônio. Curso de Direito Administrativo. 11ª ed. São Paulo: Malheiros, 1998, pp. 199-200.
8
Ibidem, p. 198.
9
economic activity, the State will exercise, in the form of the law, the functions of
5. Executive
initiative laws will establish: I - the multi-year plan; II - the budgetary guidelines; III -
competence of the Union: (...) IX - to develop and execute national and regional plans for land use and economic and social
10
On the legal discipline of planning in the Economic Order defined in the 1988 Constitution, cf. MINDLIN, Betty.
Planejamento no Brasil, 5ª ed. São Paulo: Editora Perspectivas, 2003; GRAU, Eros
Roberto. Planejamento Econômico e Regra Jurídica. São Paulo: Revista dos Tribunais, 1977; GRAU, Eros Roberto. Aspectos
Jurídicos do Planejamento Metropolitano. Tese de Doutorado apresentada à Faculdade de Direito da USP, 1972.
11
Cf., entre tantos, COMPARATO, Fábio Ensaios e pareceres de direito
empresarial. Rio De Janeiro: Forense, 1978, pp. 453-472; GRAU, Eros Roberto. A ordem econômica na Constituição de 1988
(Interpretação e crítica). 17ª ed. São Paulo: Malheiros, 2015; GRAU, Eros Roberto. Elementos de direito econômico. São Paulo:
Revistas dos Tribunais, 1981.
41
There is no doubt, therefore, that the task of technically subsidizing SNPTA and SFPP, 12, through the
elaboration of Port Master Plans, is one of the activities that EPL, justified and legitimately13, must carry out
under the guidance of the Ministry of Infrastructure, under the terms authorized by Articles 3, II, 5, VI and XII
and § 1, of Law 12,404 / 201114 and Article 4, I, of its Bylaws15, as it will be exhaustively explained below.
Such competencies give EPL full conditions to add as many technical areas as public transport planning,
including innovating processes, models, and tools.
In this context, EPL, throughout its eight years of existence, has structured its organization and its
competences to achieve excellence in public planning in the transport sector, characterized by involving
regulated economic Activity within the competence of the Union, when it comes to interstate transportation,
as defined in art. 21, XII, points "c," "d," "e" and "f," and XXI, of the Federal Constitution 16.
With this, EPL today has technical skills and a reference portfolio in studies and projects carried out and others
in progress involving studies and structuring for concessions road, rail and port transport infrastructure,
defined by the Ministry of Infrastructure, in addition to the National Logistics Plan - NLP and theNational
Transport and Logistics Observatory (ONTL). And these skills and outcomes result from the activities
carried out within the scope of the UNDP Project BRA/13/013.
Once the possibility for EPL to technically subsidize SNPTA and SFPP in the elaboration of port master plans
is established, it is essential to highlight that, in its current structure, the Company does not have a team
formed with the technical knowledge and skills necessary to updating Master Plans. 17. Despite the high level
12
ponsible
for the management of
13
In: Revista da Faculdade de Direito da
Universidade de São Paulo most recent doctrinal developments have revealed that the logic proper to Law,
as an orderly process of knowledge, is clearly distinguished from the syllogistic procedure or reasoning as a consequence. In this, the
conclusion is one, even if the premises are not true. Once these are put, therefore, the conclusion necessarily follows (except for a
gross error of reasoning), as an implicit consequence, without any addition or invention. The legal logic, in contrast, is that of decision
and choice between various possibilities; the logic of preference and not of the consequence revealing, therefore, its voluntarist and
axiological nature (which does not mean in any way to be irrational). The general rule, as well as the particular decision, is not object
of demonstration, but of justification. In its procedure of this, the subject who commands, interprets or decides necessarily contributes
to the solution given, with his will and the axiological preferences, typical of the society in which he lives. (...) The scientific
demonstration must be apoditic; to legal justification, however, it is enough to be convincing, as that seeks the truth, while it is
14
- provide services in the area of projects, studies and research aimed at supporting the
planning of logistics and transport in the country, considering the infrastructures, platforms and services relevant to the road, rail,
e for:: (...) VI - subsidize the formulation, planning and
implementation of actions within the scope of logistics and transport policies, in order to enable the modalities of transport to integrate
with each other and, when feasible, to infrastructure projects and public services not manifestly related to transport; (...) XII - prepare
short, medium and long term studies, necessary for the development of infrastructure expansion plans in the logistics and transport
sectors; (...) § 1 The studies and research developed by EPL may support the formulation, planning and implementation of actions by
15
- provide services in the area of projects, studies and research designed to support the planning
of infrastructure, logistics and transport in the country, considering the infrastructures, platforms and services relevant to the road,
rail, pipeline, waterway and airway mod
16
- explore, directly or by means of authorization, concession or permission:
(...) d) rail and waterway transportation services between Brazilian ports and national borders, or which go beyond the limits of the
State or Territory; e) interstate and international road passenger transport services; f) sea, river and lake ports (...); XXI - establish
17
In this sense, it is noteworthy that, currently, the Coordination of Plans 2 (CPLAN-2), a technical unit that will be responsible for
preparing the port master plans, has only 4 employees. Given the pressing need to start work to meet the deadline set out in MINFRA
Ordinance No. 61/2020, the contracting now proposed is indispensable.
42
and qualification of the technical staff working at the Company, a team in this specific area has not been
structured so far that it requires other types of knowledge and skills.
To permanently undertake port sectorial planning work, as required by the SNPTA, EPL needs to prepare a
specific and dedicated team in advance, through the establishment of a combined training partnership,
knowledge transfer, and execution of the studies themselves, precisely the scope of the three activities
foreseen for Result 1.8 of Specific Objective 1, under the terms of Substantive Review 4 to Project UNDP
BRA/13/013.
Considering the request made in 2019 by SFPP and, in 2020, by SNPTA, EPL should be trained, structured, and
permanently assume exactly the fragmented and discontinued planning locus and technical savoir-faire with
the extinction of PORTOBRÁS in 1990, from GEIPOT in 2001, and the Department of Planning, Logistics, and
Management of Real Estate in the former National Secretariat of Ports, in 2018 18.
Therefore, it is a unique opportunity for the EPL to demonstrate its capacity for achievement, incorporating a
new knowledge and competence area.
Considering the role and expertise of EPL and the needs pointed out by SNPTA, EPL is the best technical and
institutional alternative in the Federal Administration to carry out Port Sectorial Planning.
However, given the specificity of the theme, there must be a prior learning process of the EPL technical
team regarding port planning, which is the reason for this Term of Reference and the inclusion of "Result 1.8
- Development of methodology for elaboration, updating, knowledge transfer and monitoring of Port Master
Plans" and their products within the scope of the "Specific Objective 1 - Institutional strengthening of EPL" of
PRODOC BRA/13/013.
O BJ ECT IV E
This TOR involves contracting legal entities, private or public, whose OBJECT is the provision of specialized
technical services in the area of port sector planning that include activities of:
i. Development of a new methodology for updating port master plans;
ii. Update of 7 (seven) port master plans;
iii. Technical training and knowledge transfer in port planning; and
iv. Development of Knowledge Management methodology and process in port planning.
AC T IVI TI ES A N D P R OD UCT S
For the development of the works, the activities and products are described and characterized below.
ACTIVITY 1 (A1): Elaboration of a new methodology for updating port master plans, considering the
best international practices and their benchmarks
18
Cf. Decree N.o 9,000, of March 8, 2017, revoked.
43
It is a macro activity whose scope is to elaborate, plan and execute all the steps to be included in a new
methodology for updating port master plans that will replace the current methodology, used by the team of
the extinct National Secretariat of Ports, currently SNPTA, of the Ministry of Infrastructure.
For the development of Activity A1, the steps detailed below must be performed:
Step 1.1: Elaboration of a Work Plan for the execution of all Activities (A1, A2, A3, and A4) foreseen
in the Public Notice, with a schedule. The CONTRACTOR shall define a work plan that contemplates and
meets all the Activities (A1, A2, A3, and A4) expressed in the UNDP Notice, contemplating all the elements
and specifications defined in this Term of Reference, with a physical execution schedule;
Step 1.2: Conduct a workshop to present the Work Plan at the EPL and detail the expectations and
activities to be performed with the EPL team's participation. The CONTRACTOR shall organize and
conduct a workshop on the premises of the EPL in Brasília-DF, without prejudice to the necessary measures
concerning COVID-19, with the technical team responsible for port sectorial planning and any external guests
at EPL's discretion;
Step 1.3: Survey of guidelines, objectives, and targets for master plans and respective port complexes.
The CONTRACTOR shall survey the guidelines, objectives, and goals necessary for the modeling of the new
methodology for updating master plans, having as initial reference the current methodology of the Master
Plans, as well as benchmarks of Master Plans of international ports considered as a reference in port planning.
"World-class" (World Class), being able to research electronic questionnaires, meetings, face-to-face or
remote interviews, technical visits, among other methods. The list of guidelines, objectives, and goals obtained
should be compared with each of the steps of the current methodology for updating Master Plans to map
any pertinent points of improvement. The CONTRACTOR shall consolidate and validate with the EPL the list
of guidelines, objectives, and goals, as requirements for modeling the new methodology for updating master
plans;
Step 1.4: Analysis of opportunities to improve master plans. The CONTRACTOR shall prepare mapping
and analysis of opportunities to improve master plans, based on the survey carried out in Step 1.3;
Step 1.5: Elaboration of a new methodology for updating Master Plans - preliminary version. The
CONTRACTOR shall, from the results of the previous steps, develop a new methodology that improves the
current methodology and that meets the guidelines and requirements identified and validated in Step 1.3
and in the analysis of Step 1.4, highlighting and justifying the points of improvement in relation to the current
methodology;
Step 1.6: Conducting a (workshop) on the proposal for a new methodology for updating Master Plans
- preliminary version. The CONTRACTOR shall present and explain the new methodology in a workshop on
the premises of EPL in Brasília-DF, with the technical team responsible for the Port Master Plans and eventual
guests at the discretion of EPL, without prejudice to the necessary measures regarding the COVID-19;
Step 1.7: Preparation of indicators for Master Plans and the respective monitoring process. The
CONTRACTOR shall develop and present a system of indicators, based on the results of the preceding steps,
with the respective monitoring process proposal for the Master Plans;
Step 1.8: Tests of the preliminary version of the methodology and adjustments. The CONTRACTOR shall
use the proposal made for a new Master Plans update methodology, update processes related to Paranaguá
44
and Antonina/PR, São Francisco do Sul/SC and Santana/AP port complexes, and carry out all tests and
adjustments to the process application on the sites.
Step 1.9: Conduct a workshop to present and train the EPL team to update port master plans - final
version. The CONTRACTOR shall present and explain the new methodology, in its final, adjusted version, in
a workshop at the EPL facilities in Brasília-DF, for training purposes, with the technical team responsible for
the Port Master Plans and any external guests at their discretion of the EPL, without prejudice to the necessary
measures concerning COVID-19.
Products from Activity A1
Product 1.1. Report containing:

i. Methodology for updating port master plans - preliminary version;
ii. Methodology for updating port master plans - final version for approval.
ACTIVITY 2 (A2): Update of 7 (seven) port master plans

It is a macro activity whose scope is to plan, organize, and perform the full update of the master plans of the
following port complexes:
I. Paranaguá e Antonina/PR;
II. São Francisco do Sul/SC;
III. Santana/AP;
IV. Santarém/PA;
V. Belém-Vila do Conde/PA;
VI. Itaqui/MA; e
VII. Itajaí/SC.
For the development of Activity A2, the steps detailed below must be carried out:
Step 2.1. Planning, organization, studies, and updating of the Master Plan of the Port Complex of
Paranaguá and Antonina/PR with current methodology. The CONTRACTOR shall study and understand,
at least, Law No 12,815/2013, Decree No 8,033/2013 and its updates, Ordinance Minfra No. 61, of 10 June,
2020, the National Logistics Plan - PNL 2035, the National Port Logistics Plan 2019, the Development and
Zoning Plan - PDZ of the Organized Port of Paranaguá and Antonina, the methodology for updating Master
Plans, as well as the Master Plan in force for the Paranaguá and Antonina/PR Port Complex / SC. In-depth
knowledge of this Legislation is required, in particular Ordinance 61/2020, as it is a mandatory guideline for
developing the new methodology for master plans (Product 1.1) and for addressing these formal rules. In
addition, Law 12815/2013 defines the Brazilian Landlord model and its specificities, which will also influence
and impact the activities defined in this Term of Reference. The methodology documents and these plans are
published and available for download on the Ministry of Infrastructure website
(http://infraestrutura.gov.br/planejamento-portuario.html). From the full understanding of the activities
45
foreseen in the current methodology and the full content of the current Master Plan of the Port Complex of
Paranaguá and Antonina/PR, the CONTRACTOR shall develop a new methodology, as described in Activity 1,
to fully update the Master Plan for the Paranaguá and Antonina/PR Port Complex. It is important to note that
the Paranaguá and Antonina/PR Port Complex comprises the Organized Port of Paranaguá, the Organized
Port of Antonina, and other facilities and private terminals in the same region. This step will cover all of these
facilities and will involve the following main activities, without prejudice to others that the CONTRACTOR
deems necessary:
o The selection of public and private entities of interest for the studies and scheduling of
interviews and technical visits, with support from EPL;
o Elaboration and sending of an electronic questionnaire to be answered previously to the

interviews and technical visits, with support from EPL;
o Technical support to questions about filling out and using the electronic questionnaire;
o Survey of data and official and market information about plans, public and private investment
projects and relevant facts about the port complex of São Francisco do Sul, private terminals
in the same region, and the area of influence;
o Preparation and implementation of a minimum agenda for face-to-face and distance

interviews, with EPL support;
o The holding of work opening meetings with the Port Authority and Port Authority Council on
the premises of the Port of Paranaguá e Antonina;
o Technical visits to the port complex of Paranaguá e Antonina and its surroundings, for
meetings, collection of information from terminals, companies, operators, public agencies
and other port actors, as well as in the areas around the port;
o Elaboration of an executive report of technical visits and memories of the meeting
o Updating of operational indicators for each terminal, based on data from the National
Waterway Transport Agency and others obtained from the Port Authority and private
administrators;
o Update of cargo demand projections that are operated in the port complex (Organized Port
and the adjacent private terminals), by type of product handled in the complex;
o Survey of data and information on infrastructure and port operations throughout the port
complex, including land access (highways and access railways);
o Survey of data and information, modeling, simulations, and calculations on waterway access
(anchorages, basins, canal, access to berths, maneuvers, hydrography, tidal base, navigability,
projects, improvements, standards, regulations, ship traffic bases, requests access and
mooring, among other documents);
o Survey of data and information on the current and likely future fleets that frequent and will
frequent the complex's terminals, including the adjacent Private Use Terminals;
46
o Survey of data and information on land accesses (ordinances, highways, railways, terminals,
yards, transshipment stations, pipelines, modal division, origin-destination pairs by-product,
road networks, road capacities, vehicle profiles and railway compositions, types of vehicles,
road conservation status, latest maintenance carried out, road safety, signaling, port
surroundings, maintenance yards, sorting and parking, intra-port traffic, maneuvering areas,
ticket records, service levels - HCM,19, reception, shipping cargo and passengers, traffic and
volume data, accident data, seasonality, day and peak hour, vehicle queuing, routes in the
complex area, bottlenecks, details of multimodal overlays and/or works of art (level crossings,
viaducts, bridges, bridges, culverts, etc.), switching devices, projects, planned investments for
roads, both public and private;
o Survey of data and information on environmental aspects of port activities or resulting from
them: analysis of environmental management and compliance, health and safety of port
workers; biomes; biota; bioindicators; historical series; monitoring data; socioeconomic data;
licensing; certifications; environmental programs and plans; socio-environmental
management; environmental risks; EIA-RIMA and projects; Environmental Risk Prevention
Program (ERPP); Occupational Health Medical Control Program (OHMCP); Port Work and
OGMO; Water Transport Work; Technical Report on Environmental Working Conditions
(LTCAT); Emergency Control Plan (ECP); Individual Emergency Plan (IEP); Mutual Aid Plan
(MAP); Environmental Education Program; Environmental sensitivity; legal and regulatory
requirements; regulations; preservation and priority areas; conservation units; water
resources and bodies; solid waste and effluents; air and water quality; quality of natural
sediments and dredging; ballast water monitoring; environmental liabilities; mitigating and
compensatory actions; noise control;
o Survey of data and information on port-city relations Survey of data and information on port-
city relations: Master Plans and Territorial Planning (MPTP); State Coastal Management Plan
(SCMP); Ecological Economic Zoning (EEZ); Municipal Master Plan (MMP), municipal zoning
and Land Use and Occupation Law (LUOL); Urbanization; Historical and Cultural Heritage;
Tourism; Citizenship; Education; Revitalizations; Port Polygonal according to the respective
Port Development Plan - PDZ and the affected Municipalities; Port-Municipality dialogue and
conflicts; Compatibilities and incompatibilities between port activities and urban
development projects; Soil occupation; Demographic growth; Traditional communities,
settlements and invasions; Communities, real estate speculation and land regularization; GDP
and Municipal Human Development Index (MHDI); Employment and Work; Neighborhood
Impact Studies (EIV); Social actions; Socioeconomic activities; Urban Mobility and Cargo
Logistics; communication with communities; sensitive areas; public port security, ISPS code;
legal and regulatory requirements; regulations;
o Survey of data and information on the administrative and financial management of the Port
Authority of the Organized Port of Paranaguá e Antonina.
o Photographic survey of the infrastructures, port facilities, and surroundings of the complex,
including georeferenced aerial photos, through Remote Piloted Aircraft (RPA, "drone");
19
HCM - Highway Capacity Method.
47
o Strategic analysis of the current situation and future perspectives for the Organized Port of
Paranaguá e Antonina;
o Update of the Stock and Investment Plan in force for the complex as a whole, within a horizon
of at least 20 (twenty) years from the base year of the study;
o Consolidation of data, information, and documents received from the public and private
entities;
o Elaboration of scenarios: pessimistic and optimistic trends according to factors that

incorporate potential changes in macroeconomic perspectives as well as shocks in demand,
supply, and/or port capacity;
o Update of the port capacity of quays and warehouses, being able to use a computational
system provided by EPL and the data and information collected, without prejudice to other
systems of interest to the CONTRACTOR;
o Update of the complete Master Plan - preliminary version;
o Presentation of the preliminary version of the Master Plan to the Port Authority and the Port
Authority Council (PAC) on the premises of the Port of Organized Port of São Francisco do
Sul (2nd technical visit to the port);
o Public manifestation through EPS' electronic form online ;
o Technical support to responses, contributions, questions, and criticisms received via public
manifestation;
o Consolidation of contributions received, adjustments and preparation of the final version of

the updated Master Plan for validation by EPL; and
o Preparation of final reports and respective documentation of the updated Master Plan of the
Port Complex of Paranaguá e Antonina..
Step 2.2. Planning, organization, studies, and updating of the Master Plan of the Port Complex of São
Francisco do Sul/SC as proof of concept of the new methodology. The CONTRACTOR shall carry out this
Term of Reference refers and after the updating of the Master Plan for the Paranaguá and Antonina/PR Port
Complex.
Step 2.3. Planning, organization, studies, and updating of the Master Plan of the Santana Port
Complex/AP as proof of concept of the new methodology. The CONTRACTOR shall carry out this step
after the elaboration of the new methodology to which Activit
the updating of the Master Plan for the Port Complex of São Francisco do Sul/SC.
Step 2.4. Planning, organization, studies, and updating of the Master Plan for the Santarém/PA port
complex. The CONTRACTOR shall carry out this step after the elaboration of the new methodology referred
48
on the preliminary version and its effective use in updating Master Plans Paranaguá and Antonina/PR, São
Francisco do Sul/SC and Santana /AP.
Step 2.5. Planning, organization, studies, and updating the Master Plan of the Belém-Vila do Conde/PA
port complex. The CONTRACTOR shall carry out this step after the preparation of the new methodology to
which Activity "A1" of this Term of Reference refers and after the validation of the new methodology by EPL;
Step 2.6. Planning, organization, studies, and updating the Master Plan of the Itaqui/MA port complex.
The CONTRACTOR shall carry out this step after the preparation of the new methodology to which Activity
"A1" of this Term of Reference refers and after the validation of the new methodology by EPL;
Step 2.7. Planning, organization, studies, and updating the Master Plan for the Itajaí/SC port complex.
The CONTRACTOR shall carry out this step after preparing the new methodology to which Activity "A1" of
this Term of Reference refers and after the validation of the new methodology by EPL.
i. Product 2.1. Updated Master Plan for the Paranaguá and Antonina/PR Port Complex, based on the
preliminary version of the new methodology;
ii. Product 2.2. Updated Master Plan for the São Francisco do Sul/SC Port Complex, based on the
preliminary version of the new methodology;
iii. Product 2.3. Updated Master Plan for the Santana/AP Port Complex, based on the preliminary version
of the new methodology;
iv. Product 2.4. Updated Master Plan for the Santarém/PA Port Complex, based on the new methodology;
v. Product 2.5. Updated Master Plan for the Belém-Vila do Conde/PA Port Complex, based on the new
methodology;
vi. Product 2.6. Updated Master Plan for the Itaqui/MA Port Complex, based on the new methodology;
vii. Product 2.7. Updated Master Plan for the Itajaí/SC Port Complex, based on the new methodology.
ACTIVITY 3 (A3): Technical training and knowledge transfer in port planning

It is a specialized macro activity whose scope is to train the team designated by the EPL that will work in port
planning through workshops, course modules, and knowledge transfer from the CONTRACTOR to the EPL
team regarding the new methodology as a product ofA1 Activity and field activities during the updates to
the master plans foreseen for A2 Activity. Such training must also necessarily include specific software tools
currently used for the preparation of the Master Plans and made available by EPL to the CONTRACTOR's
team, without prejudice to other tools that the CONTRACTOR understands essential to use in its activities
For the development of Activity A3, the steps detailed below must be performed:
Step 3.1. Conducting a workshop initial technical training in port sectorial planning. The CONTRACTOR
shall hold a workshop, where it will introduce the subject of sectorial port planning to the EPL team, bringing
cases of international port planning and basic concepts and definitions about public planning in Brazil,
technical skills required to work on port planning, examples of tools used, among others.
Step 3.2. Training course (module 1) on the national port system; port legislation; port engineering
notions; notions of port logistics; introduction to the port economy. The CONTRACTOR shall prepare
49
and teach module 1 of the training course, in the mentioned themes, for up to 20 (twenty) participants,
making a total of 16 (sixteen) class hours, 50 minutes per hour/class;
Step 3.3. Training course (module 2) on projections of port demand and calculation of port capacity.
The CONTRACTOR shall prepare and teach module 2 of the training course, in the mentioned themes, for up
to 20 (twenty) participants, making a total of 16 (sixteen) class hours, 50 minutes per hour/class;
Step 3.4. Training course (module 3) on the port environment and port-city interactions. The
CONTRACTOR shall prepare and teach module 3 of the training course, in the mentioned themes, for up to
20 (twenty) participants, making a total of 16 (sixteen) class hours, 50 minutes per hour/class;
Step 3.5. Training course (module 4) on Territory, polygonal, port zoning, and georeference techniques
applied to the port sector. The CONTRACTOR shall prepare and teach module 4 of the training course, on
the mentioned themes, for up to 20 (twenty) participants, making a total of 16 (sixteen) class hours, 50 minutes
per hour/class;
Step 3.6. Training of the EPL team in practical activities to update Master Plans, according to the "On
The Job Training" methodology. The CONTRACTOR shall structure, organize and carry out assisted training,
on the occasion of practical activities to update the master plans of port complexes that will have their master
plans updated under this Term of Reference, through monitoring and guidance to members of the EPL team.
so that they can become able to prepare studies, carry out technical visits in loco, as well as prepare the
preliminary and final documents of the master plans, within the "on the job training" approach (qualification
in the workplace).
i. Product 3,1. Module 1 of the training course given

ii. Product 3,2. Module 2 of the training course given;
iii. Product 3,3. Module 3 of the training course given;
iv. Product 3,4. Module 4 of the training course given;
v. Product 3,5. Execution report of the training "On The Job Training," containing an evaluation of the
results achieved.
ACTIVITY 4 (A4): Development of methodology and knowledge management process in port planning
It is a specialized macro activity whose scope is to develop an unprecedented methodology and process
aimed at Knowledge Management") from the perspective of the management of technical skills, activities, and
information related to port sectorial planning.
These tools - methodology and process - will serve EPL as subsidies to structure, consolidate and perpetuate
the list of technical skills to manage and carry out sectorial port planning in a collaborative way and its
integration with the Logistics National Plan - PNL, in a strategic scope, instrument planning whose
elaboration and updating is their sole responsibility.
For product development, the steps detailed below must be performed:
Step 4.1. Realization of 1st knowledge management (workshop) to address its concepts, tools, and
applications. The CONTRACTOR shall hold a workshop in which to introduce the subject of "Knowledge
50
Management," addressing concepts, history, tools, applications/examples, State of the art in the area, to
introduce the theme to the team EPL;
Step 4.2. Survey of requirements for the elaboration of the Knowledge Management process applied
to port planning. The CONTRACTOR shall identify and map the requirements that will guide the preparation
of the Knowledge Management process applied to port planning for EPL
Step 4.3. Modeling the Knowledge Management process in port planning - preliminary version. Based
on the result of Step 4.2, the CONTRACTOR shall prepare and propose, the preliminary Knowledge
Management process model applied to port planning for EPL;
Step 4.4. Definition of indicators for the Knowledge Management process. Based on the result of Step
4.3, the CONTRACTOR shall prepare and propose a system of indicators for the modeled process, so that EPL
can measure the effectiveness, efficiency, and efficacy of knowledge management;
Step 4.5. Development of Knowledge Management methodology in port planning - preliminary

version. Based on the results of the previous steps, the contractor shall prepare and propose, a
methodology to be used with the modeled knowledge management process in port planning;
Step 4.6. Conducting the 2 nd EPL (workshop) dedicated to training on the Knowledge Management
methodology and process in port planning. The CONTRACTOR shall prepare and carry out a workshop in
which it will present the modeled tools - methodology and process - with the indicator system and enable
the EPL team to use them and collect statements for possible adjustments;
Step 4.7. Preparation of the final version of the Knowledge Management methodology and process in
port planning. The CONTRACTOR shall make the adjustments resulting from the manifestations collected in
Step 4.6 and prepare and present the final versions of the Knowledge Management methodology and port
planning process.
i. Product 4.1: Report "Knowledge Management Methodology in Port Sectorial Planning - preliminary
version";
ii. Product 4.2: Report "Knowledge Management Methodology in Port Sectorial Planning - final version";
iii. Product 4.3: Report "Knowledge Management Process in Port Sector Planning - preliminary version";
iv. Product 4.4: Report "Knowledge Management Process in Port Sector Planning - preliminary version";
v. Product 4.5: Report "Execution of training with the evaluation of results achieved and future
perspectives."
E XP ECT E D R E SULTS
2 New approved methodology to update Master Plans.
3 Seven updated Master Plans: Paranaguá/ Antonina/PR; São Francisco do Sul/SC; Santana/AP;
Santarém/PA; Belém-Vila do Conde/PA (Barcarena/PA); Itaqui/MA; e Itajaí/SC.
51
4 EPL team structured and able to use the new methodology for updating Master Plans and carry
out, on its account, updates to other Master Plans that are outside the scope of this Term of
Reference;
5 Approved port management knowledge and management methodology and process;
6 EPL team can use the methodology and the knowledge management process in port planning.
EST I MAT E D D UR AT I ON
The CONTRACT will be valid for 24 (twenty and four) months, counting from its signature.
START DAT E OF E X E C UT IO N OF ACT IV IT I ES
First business day after signing the Contract.
PL AC ES OF E X E C UT IO N OF AC TI VI TI ES
1. Location 1: EPL headquarters. Edifício Parque Cidade Corporate - Torre C, Via W4 Sul, Lote
C - Asa Sul, Brasília - DF, CEP 70308-200.
2. Location 2: Headquarters or subsidiary of the CONTRACTOR, according to the proposal

submitted.
3. Location 3: Organized Ports, Private Use Terminals, and other facilities across the country.
Suppose the CONTRACTOR has its headquarters or branch outside Brasilia, DF or does not have its own office
in Brasilia, DF. In that case, it must designate 01 (one) of the members of its technical team to carry out its
activities during the entire term of the CONTRACT at the premises EPL, at the address of Location 1 as
mentioned above, or at its own office located in Brasília-DF, with availability to accompany EPL representatives
on trips to the Ports and Terminals that are part of the Activities specified in this Term of Reference.
The person appointed by the CONTRACTED PARTY must be immediately available to start work within 15
(fifteen) consecutive days after signing the CONTRACT. The CONTRACTOR shall foresee in its proposal the
costs and the needs intrinsic to this item.
The CONTRACTOR shall also ensure requirements for protecting the personnel's social and health rights
providing the services. Considering the Covid-19 pandemic, the CONTRACTOR shall take the necessary
sanitary measures to protect its team, the EPL team, and the UNDP team from possible risks against the
52
disease during the performance of the Contract (for example, using PPE equipment choosing remote work
whenever possible, avoiding displacement and travel).
The CONTRACTOR's technical team may use the EPL facilities or the Company's own office in Brasília, taking
into account the current health crisis's safety aspects.
TR AV EL F OR E CAS T
The schedule shown in Table 1, described below, is a reference so that BIDDERS can estimate their costs and
prepare their proposals.
The CONTRACTOR may change the number of trips and per diems for each port complex and decide on the
number of professionals to be allocated per trip, according to the needs of the project.
The definition of the number of professionals allocated per trip should be based on the need to collect data
and information in each port complex, considering that the topics covered are, at a minimum: operations,
engineering, logistics, environment, management, port-city interface. So, for example, you can compose a
data and information survey team with an engineer or port specialist (operations, engineering, logistics and
management), a biologist (environment) and an architect-urban planner (port-city interaction).
It should also be noted that all travel and daily costs will be borne by the Contractor and will not be
reimbursed by EPL or UNDP. The bidder must therefore estimate and price all costs in its financial proposal.
As a result of protective measures against the COVID-19 pandemic, travels may be impaired. If that becomes
the case, interactions should be replaced by videoconference. In the event that travel does not take place
please consider that no related expenditure / cost will be covered by UNDP.
Item Origin* Destinatio No of Objective

n days
CONTRACTOR`S
An initial face-to-face meeting to
1 headquarter Brasília/DF 1
open the works
municipality
Step 1.2. Realize the workshop to
CONTRACTOR`S
present the Work Plan at the EPL
and detail the expectations and
municipality
activities.
Step 1.6. Realize the workshop on
CONTRACTOR`S
the proposal for a new
methodology for updating Master
municipality
Plans - preliminary version.
Step 1.9. Realize the workshop for
CONTRACTOR`S the EPL team's presentation and
4 headquarter Brasília/DF 2 training with the new methodology
municipality for updating port master plans -
final version.
Brasília/DF and
Step 2.1. Meetings and technical
CONTRACTOR`S Paranaguá/
5 4 visits to the port complex of
headquarter PR
Paranaguá-Antonina
municipality
6 Brasília/DF and Paranaguá/ 2 Step 2.1. Presentation of the
53
CONTRACTOR`S PR preliminary version to the board of
headquarter the ports and port community
municipality
Brasília/DF and
São Etapa 2.2. Meetings and technical
CONTRACTOR`S
7 Francisco 3 visits to the port complex of São
headquarter
do Sul/SC Francisco do Sul/SC
municipality
Brasília/DF and
São Step 2.2. Presentation of the
CONTRACTOR`S
8 Francisco 2 preliminary version to the board of
headquarter
do Sul/SC the ports and port community
municipality
Brasília/DF and
CONTRACTOR`S
9 Santana/AP 3 visits to the port complex of
headquarter
Santana
municipality
Brasília/DF and
Step 2.3. Presentation of the
CONTRACTOR`S
10 Santana/AP 2 preliminary version to the board of
headquarter
the ports and port community
municipality
Brasília/DF and
CONTRACTOR`S Santarém/P
11 3 visits to the port complex of
headquarter A
Santarém
municipality
Brasília/DF and
CONTRACTOR`S Santarém/P
12 2 preliminary version to the board of
headquarter A
municipality
Belém-Vila
Brasília/DF and
do Step 2.5. Meetings and technical
CONTRACTOR`S
13 Conde/PA 3 visits to the Santana port complex
headquarter
(Barcarena/ of Belém-Vila do Conde
municipality
PA)
Belém-Vila
Brasília/DF and
do Step 2.5. Presentation of the
CONTRACTOR`S
14 Conde/PA 2 preliminary version to the board of
headquarter
(Barcarena/ the ports and port community
municipality
PA)
Brasília/DF and
CONTRACTOR`S
15 Itaqui/MA 4 visits to the Santana port complex
headquarter
of Itaqui
municipality
Brasília/DF and
CONTRACTOR`S
16 Itaqui/MA 2 preliminary version to the board of
headquarter
municipality
Brasília/DF and
CONTRACTOR`S
17 Itajaí/SC 3 visits to the Santana port complex
headquarter
of Itajai
municipality
Brasília/DF and Step 2.7. Presentation of the
18 CONTRACTOR`S Itajaí/SC 2 preliminary version to the board of
headquarter the ports and port community
54
municipality
CONTRACTOR`S Step 3.1. Realize a workshop on
19 headquarter Brasília/DF 2 technical capacity in port sectorial
municipality planning
CONTRACTOR`S
Step 3.2. Realize a training course
(module 1)
municipality
CONTRACTOR`S
(module 2)
municipality
CONTRACTOR`S
(module 3)
municipality
CONTRACTOR`S
(module 4)
municipality
CONTRACTOR`S Step 4.1. Realize the 1st workshop
24 headquarter Brasília/DF 2 on Knowledge Management:
municipality concepts, tools, and applications.
Step 4.6. Realize the 2nd EPL
CONTRACTOR`S workshop dedicated to capacity
25 headquarter Brasília/DF 2 building on knowledge
municipality management methodology and
process in port planning.
CONTRACTOR`S
26 headquarter Brasília/DF 1 Final closing meeting
municipality
(*) It was considered that the CONTRACTOR's headquarters or branch is in a city other than Brasília-DF.
Chart 1 - Reference for pricing travel forecast over the term of the CONTRACT
R E Q UIR E M EN TS F OR DEL IV ERY A N D ACC EPTAN C E OF

PRO DUC T S
PRODUCT DELIVERY REQUIREMENTS
a) Writing and Proofreading: Products or parts of products in the written format must be written
in Portuguese, with clarity and correctness in writing, objectivity, structure, and cohesion, and
must contain cover and back cover, technical sheet, summary, indicate lists, indexes, glossary
and bibliographic references used, in standard NBR 6023/2018, and be previously and
thoroughly reviewed by the team or under the responsibility of the CONTRACTOR before
delivery;
All current Master Plans and Methodology are in Portuguese for free access via the Ministry of
Infrastructure website (https://www.gov.br/infraestrutura/pt-br/assuntos/transporte-
aquaviario/copy_of_planejamento-portuario) and there are no English versions. For developing a
new methodology, at least some of this references should be fully understood.
55
b) Form: the products must be delivered in electronic files in an editable format, with the respective
documentation and supporting records used for their full elaboration, whose download address
(download) must be highlighted in a letter or letter of product delivery to be addressed to the
EPL. Electronic mail (e-mail) must be sent to EPL address with a scanned copy of the letter or
official letter dated and signed;
c) Completeness: The products must be entirely delivered under full compliance with the
instructions of this Term of Reference, the respective Work Plan, and the Service Order;
d) Term: Products must be delivered within the maximum term defined in the Work Plan and the
respective Service Order. Eventually, the products may be delivered in advance of the deadline,
as long as previously informed by the CONTRACTOR and with prior consent from EPL According
to the specific case, the deadlines established for the delivery of the products may be adjusted
and offset among themselves, in agreement with the EPL.
PRODUCT ACCEPTANCE REQUIREMENTS
Each delivered product will undergo a technical analysis of conformity by the competent
managers and inspectors, according to specifications contained in the respective Service Order
(OS), an opportunity in which the quality of the work carried out, and the fulfillment of the terms
of the Work Plan will be evaluated;
The acceptance of each product will occur upon technical advice from the competent area of
EPL and UNDP;
A Product Acceptance Term will be drawn up by EPL and sent for analysis by UNDP;
Products or product parts in the form of a report or other written document may not contain
data or excerpts copied from pre-existing documents or bibliographic references or any material
prepared by third parties or obtained on the Internet, without due citation or credits from the
respective bibliographic source;
In the case of the 7 (seven) master plans provided for in Product 2, the product's conformity
concerning the methodology for updating used will be verified.
POSSIBLE ADJUSTMENTS OF DELIVERED PRODUCTS
In the event of non-acceptance of the delivered product or if any non-conformity of the product with this
Term of Reference, the Work Plan and the respective Service Order is proven, the CONTRACTOR will be
formally communicated by EPL and the respective product returned, with the corresponding justifications, so
that the necessary corrections are carried out within a maximum period of 15 (fifteen) consecutive days,,
counting from the return date, without any burden to EPL
Payment will only be made after the UNDP has accepted the product.
56
PR OD UCT PAY MEN T T E R MS
i. The payment for each product will be made in national currency or convertible foreign currency,
according to UNDP rules and will be conditioned to the terms of delivery and acceptance,
specified in item 9.2 of this Term of Reference.
ii. Each payment will be executed by UNDP only after acceptance of the respective product and
upon presentation of the corresponding invoice, accompanied by the Rendering of Accounts for
the services performed, containing a breakdown of direct and indirect expenses, including those
related to any daily rates, tickets, and rental of vehicles for its technicians / or consultants during
the execution of the activities related to the respective product;
iii. The delivery of products may be anticipated within the schedule provided for in this document,
provided that they meet the quality requirements and the precedence between products
established in the project planning.
57
P HYSI C AL E X EC UT I ON S C H E DUL E
Chart 2 indicates the schedule for each Activity - A1, A2, A3, and A4 - which are part of the Contract's object.
This schedule must be followed by the BIDDERS in the preparation of their technical proposal, under penalty
of disqualification.
Month
Activity
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Development of a
new methodology for
A1
updating port master
plans
Update of 7 (seven)
A2
master port plans
Technical training and
A3 knowledge transfer in
port planning
Development of
methodology and
A4 knowledge
management process
in port planning
Chart 2 - Schedule for the execution of activities
PR ODU CT DE L IV ERY A N D PAY S CH E D UL E

Chart 3 shows the list of products to be delivered by the CONTRACTOR, the relative weight of the product in
relation to the total value of the CONTRACT, as well as the number of calendar days, from the date of signing
the CONTRACT, for delivery of each product.
DAYS FOR
CUMULATIVE
PRODUCTS WEIGHT* PRODUCT
WEIGHT
DELIVERY**
Product 3.1. Module 1 of the training course

3.50% 3.50%
given
90
3.50% 7.00%
given

3.50% 10.50%
given
120
3.50% 14 00%
given
Product 2.1. Updated Master Plan for the

Paranaguá Antonina/PR Port Complex, based on 11.00% 25 00% 132
the preliminary version of the new methodology
58
Product 2.2. Updated Master Plan for the Port
Complex of São Francisco do Sul/SC, based on 8.00% 33 00% 182
the preliminary version of the new methodology
Product 1.1. Methodology for updating port

4.00% 37 00%
master plans - preliminary version
255
Product 1.2: Methodology for updating port
3.50% 40 50%
master plans - final version for approval

Santana/AP Port Complex, based on the new 8.00% 48 50% 255
methodology

Santarém/PA port complex, based on the new 8.00% 56 50% 327
methodology
Product 3.5. Training execution report of the

1.00% 57 50% 375
Product 2.5. Updated Master Plan for the Belém-

Vila do Conde/PA port complex, based on the 10.00% 67 50% 435
new methodology
Product 2.6.Updated Master Plan for the

Itaqui/MA port complex, based on the new 11.00% 78 50% 495
methodology
Product 4.1: Knowledge Management

Methodology in Port Sector Planning - 3.00% 81.50%
preliminary version
525
Product 4.3: Knowledge Management Process in
2.75% 84 25%
Port Sector Planning - preliminary version

Itajaí/SC port complex, based on the new 8.00% 92.25% 680
methodology
Product 4.2: Knowledge Management

Methodology in Port Sector Planning - final 4.00% 96.25%
version
Product 4.4: Knowledge Management Process in

2.75% 99.00% 736
Port Sector Planning - final version
Product 4.5: Training execution report in the

workshop containing evaluation of the results 1.00% 100.00%
achieved and future perspectives
(*) In relation to the total value of the contract

(**) Calendar days, counted from the date of contract signature
Chart 3 - Products, delivery days, and relative weight on the total contract value
59
Depending on the efficiency of the activities, the deadlines for delivery of the products may occasionally be
anticipated, with prior consultation with the UNDP, without prejudice to the quality and compliance with the
Terms of Reference.
G U ID EL IN ES F OR M ON ITOR IN G PRO DU CT AC T I VI TIES

AN D EVAL UAT ION
I. The activities related to each product described in this Term of Reference will be monitored
and evaluated by UNDP, with technical support from a manager designated by EPL;
II. An agenda for periodic meetings to monitor activities and evaluate their results will be
defined as milestones to be met in the physical execution schedule;
III. All meetings must have a written record signed by the participants;
IV. All relevant facts for the activities that require decision-making or preventive/corrective
measures will be communicated by electronic mail, informing the maximum term for
execution;
V. A priori, trips to hold meetings and technical visits to ports or port facilities will be
accompanied by a technician from the team responsible for EPL;
VI. Activity Monitoring Reports, which are not to be confused with each macro Activity product
(A1, A2, A3, and A4), must be prepared and delivered by the CONTRACTOR to UNDP and EPL,
in the form and periodicity for this purpose, designated in the Service Order;
VII. Managerial meetings, training and workshops may be conducted by the Service Provider in
English since they will be intended for EPL staff. However, in meetings with port operators on
site Portuguese language will be required.
VIII. UNDP staff shall be always copied in any communication of the contractor with the
counterpart, including in any communications related to payment reports.
R EPL AC EM EN T OF T EC HN I C AL T E A M M EM B ER S
The BIDDER must also submit Individual Declarations signed by the professionals indicated in the team
committing to personally perform the technical activities specified in this Term of Reference.
In case any member of the technical team needs to be replaced during the execution of the CONTRACT, the
substitute must meet at least the same quality of the key personnel proposed during the bidding process in
terms of qualifications and experience and must be subject to the previous approval by UNDP and EPL .
60
The UNDP and EPL reserve the right to ask the contractor to replace any key personnel of the contractor for
any reason during the implementation of the contract, for which the contractor must replace this person for
someone of the same or better quality within one month
The replacement mentioned in this sub-item must be expressly communicated to UNDP and EPL thirty (30)
days in advance.
PHYSICAL FACILITIES AND MATERIAL RESOURCES
The chosen contractor must have physical facilities and the material resources, such as an appropriate office,
computer equipment, and compatible computer systems for the full execution of activities specified in this
Term of Reference.
All meetings necessary for the work will be held in a location chosen by the EPL in Brasília-DF. However, at
EPL's discretion and in agreement with the CONTRACTOR, the meetings may be held by teleconference or
video conference.
The BIDDER must, therefore, make provision for work meetings in sufficient numbers to get to know the
Project, its specificities, and the volume of work associated with its contracting, as well as trips to present
results and workshops related to interviews with stakeholders other trips. that the consultancy deems
necessary to achieve the results, in addition to those provided for in Table 1.
CON FI D EN T IA LIT Y
Information and data that is considered proprietary by either Party or that is delivered or disclosed by one
se of performance of the Contract, and that
as defined in accordance with UNDP General Terms and Conditions for Contracts.
CON TR ACT UA L OBL IG AT ION S

Without prejudice to the general terms and conditions for contracting by the UNDP, the Contractor shall:
I. Formally nominate a focal point capable of representing it before UNDP and EPL, who shall
be responsible for the technical team and its activities and for CONTRACT questions;
II. Nominate one of the members of the technical team to work on the EPL premises in Brasília-
DF, within a maximum period of 15 calendar days from the date of signing the CONTRACT
and until the end of its term;
III. Inform, in a timely manner, if they plan to make an exchange in the technical team;
IV. Inform in a timely manner if they plan to subcontract part of the planned Activities that are
the object of the Notice;
61
V. Be responsible for all labor, social, social security and tax obligations as well as other
obligations provided for in specific legislation, the default of which does not transfer
responsibility to UNDP or EPL;
VI. Communicate to UNDP and EPL any and all irregularities verified during the execution of
the Activities;
VII. Provide infrastructure, resources and the necessary and sufficient inputs to the team
allocated to each Activity, in order to properly comply with the CONTRACT;
VIII. Be responsible for the expenses resulting from the rejection of services by UNDP and EPL,
and for the delays caused by this rejection, as well as for any fine that may be imposed by
UNDP, under the terms of the CONTRACT to be signed;
IX. Correct, without burden to UNDP or EPL, any imperfections, errors, defects or
inconsistencies in the services provided within the term of the CONTRACT; and
X. Keep all products produced and/or altered during the execution of the Activities consistent
and up to date, as requested through the respective Service Order.
S U BCON T R AC T IN G A N D CON SU LT IN G
When the CONTRACTOR requests subcontractors' services, it must obtain UNDP approval in advance and
writing. UNDP shall have the right to request, at its sole discretion, to review the qualifications of any
subcontractors following the judging criteria set out in this Term of Reference and to reject any proposed
subcontractor that UNDP reasonably considers not to be qualified to perform the obligations. provided for
in this contract. UNDP will have the right to request that any subcontractor be removed from UNDP or EPL
facilities without justification. In itself, the rejection or removal request will not authorize the CONTRACTOR
to request delays in the execution or to put excuses for the non-execution of its obligations under this
Contract. Besides, the CONTRACTOR will be solely responsible for all services and obligations performed by
its subcontractors. The terms of any subcontract will be subject to and construed to be in full compliance with
all terms and conditions of this Term of Reference.
The criteria for evaluation and approval by UNDP of requests for subcontracting services are as follows:
I) The estimated total for the subcontracting (s) must not exceed 50% (fifty percent) of the total of the
CONTRACT; and
II) The services to be subcontracted must be complementary and subsidiary to the products foreseen in
the CONTRACT and cannot result in the execution, by a third party, of the integrality of any of the
foreseen products;
62
SE C T ION 6 : R E T UR N AB LE B I DDI N G F OR M S / C H ECK LI ST
This form serves as a checklist for preparation of your Proposal. Please complete the Returnable Bidding
Forms in accordance with the instructions in the forms and return them as part of your Proposal submission.
No alteration to format of forms shall be permitted and no substitution shall be accepted.
Before submitting your Proposal, please ensure compliance with the Proposal Submission instructions of the
BDS 22 and required documents to establish compliance with the evaluation criteria in Section 4.
(Technical and Financial Proposal must be submitted by eTendering System with
password protected)
Technical Proposal Envelope:

Have you duly completed all the Returnable Bidding Forms?
Form A: Technical Proposal Submission Form
Form C: Joint Venture/Consortium/ Association Information
Form
Form E: Format of Technical Proposal
Form H: Proposal Security Form
Form I: Declaration of Service Provider
Have you provided the following documents:
Power of Attorney always when required
Brazilian Companies shall present the following legal and fiscal documents:
Constitutive Document - Declaration of Individual Signature, Statute or Social Contract

- in force, duly registered or registered with the competent body, and with the evidence
of the board of directors in office;
Negative Certificate of Bankrupt or Judicial Recovery issued by the notary offices of the
Bidder's headquarters;
Negative Certificate of Debts with Federal Taxes and Contributions issued by the Federal
Revenue Service of Brazil;
Negative Certificate of Debts with State Taxes and Contributions or of the Federal
District issued by the competent body of Brazil;
Negative Certificate of Debts with Taxes and Municipal Contributions issued by the
competent body of Brazil;
Negative Debit Certificate (CND), issued by the Federal Revenue Service of Brazil;
Certificate of Regularity of the FGTS, issued by Caixa Econômica Federal (CEF);
63
In the case of non-Brazilian proposers, the corresponding equivalent documentation
to those mentioned above shall be presented.
2 (two) proven experience in port planning, in Brazil or abroad as stated in
Bidding Documents.
Latest Audited Financial Statement (Income Statement and Balance Sheet)

(2017, 2018 and 2019).
Income Statement and Balance Sheet of year 2019 with current ratio of
not less than 1.0.
Curriculum Vitae, duly signed by the designated professional,
demonstrating the experience required for the position;
Diploma and Certificates to prove the Academic background
Registration with the competent Professional Council, when applicable.
Technical capacity certificates and declarations that certify the completion of

services provided by the Bidder.
Descriptive Memorial about the experience in port planning works as described in

the Section 4 Evaluation Criteria
Financial Proposal Envelope
Form F: Financial Proposal Submission Form

Form G: Financial Proposal Form
64
FORM A: TECHNICAL PROPOSAL SUBMISSION FORM
Name of Bidder: [Insert Name of Bidder] Date: Select date
RFP reference: [Insert RFP Reference Number]
We, the undersigned, offer to provide the services for [Insert Title of services] in accordance with your Request
for Proposal No. [Insert RFP Reference Number] and our Proposal. We are hereby submitting our Proposal,
which includes this Technical Proposal and our Financial Proposal sealed under a separate envelope.
We hereby declare that our firm, its affiliates or subsidiaries or employees, including any JV/Consortium
/Association members or subcontractors or suppliers for any part of the contract:
a) is not under procurement prohibition by the United Nations, including but not limited to prohibitions
derived from the Compendium of United Nations Security Council Sanctions Lists;
b) have not been suspended, debarred, sanctioned or otherwise identified as ineligible by any UN
Organization or the World Bank Group or any other international Organization;
c) have no conflict of interest in accordance with Instruction to Bidders Clause 4;
d) do not employ, or anticipate employing, any person(s) who is, or has been a UN staff member within
the last year, if said UN staff member has or had prior professional dealings with our firm in his/her
capacity as UN staff member within the last three years of service with the UN (in accordance with
UN post-employment restrictions published in ST/SGB/2006/15);
e) have not declared bankruptcy, are not involved in bankruptcy or receivership proceedings, and there
is no judgment or pending legal action against them that could impair their operations in the
foreseeable future;
f) undertake not to engage in proscribed practices, including but not limited to corruption, fraud,
coercion, collusion, obstruction, or any other unethical practice, with the UN or any other party, and
to conduct business in a manner that averts any financial, operational, reputational or other undue
risk to the UN and we embrace the principles of the United Nations Supplier Code of Conduct and
adhere to the principles of the United Nations Global Compact.
We declare that all the information and statements made in this Proposal are true and we accept that any
misinterpretation or misrepresentation contained in this Proposal may lead to our disqualification and/or
sanctioning by the UNDP.
We offer to provide services in conformity with the Bidding documents, including the UNDP General Conditions
of Contract and in accordance with the Terms of Reference
Our Proposal shall be valid and remain binding upon us for the period of time specified in the Bid Data Sheet.
We understand and recognize that you are not bound to accept any Proposal you receive.
I, the undersigned, certify that I am duly authorized by [Insert Name of Bidder] to sign this Proposal and bind it
should UNDP accept this Proposal.
Name: _____________________________________________________________
Title: _____________________________________________________________
Date: _____________________________________________________________
Signature: _____________________________________________________________
[Stamp with official stamp of the Bidder]
65
FORM B: BIDDER INFORMATION FORM
Legal name of Bidder [Complete]
Legal address [Complete]
Year of registration [Complete]
Representative Name and Title: [Complete]

Information Telephone numbers: [Complete]
Email: [Complete]
Are you a UNGM registered vendor? Yes No If yes, [insert UGNM vendor number]
Are you a UNDP vendor? Yes No If yes, [insert UNDP vendor number]
Countries of operation [Complete]
No. of full-time employees [Complete]
Quality Assurance Certification (e.g. [Complete]

ISO 9000 or Equivalent) (If yes, provide
a Copy of the valid Certificate):
Does your Company hold any [Complete]

accreditation such as ISO 14001
related to the environment? (If yes,
provide a Copy of the valid Certificate):
Does your Company have a written [Complete]

Statement of its Environmental
Policy? (If yes, provide a Copy)
Contact person UNDP may contact Name and Title: [Complete]

for requests for clarification during Telephone numbers: [Complete]
Proposal evaluation Email: [Complete]
Please attach the following Company Profile, which should not exceed fifteen (15) pages,
documents: including printed brochures and product catalogues relevant
to the goods/services being procured
Certificate of Incorporation/ Business Registration
Tax Registration/Payment Certificate issued by the Internal
Revenue Authority evidencing that the Bidder is updated with
its tax payment obligations, or Certificate of Tax exemption, if
any such privilege is enjoyed by the Bidder
Trade name registration papers, if applicable
Local Government permit to locate and operate in assignment
location, if applicable
Official Letter of Appointment as local representative, if
Bidder is submitting a Bid in behalf of an entity located
outside the country
Power of Attorney
66
Negative Certificate of Bankrupt or Judicial Recovery issued
by the notary offices of the Bidder´s headquarters;
Support documentation required concerning financial
standing; audited financial statements (balance sheets,
including all related notes, and income statements) for the
last 3 years;
FORM C: JOINT VENTURE/CONSORTIUM/ASSOCIATION INFORMATION FORM
To be completed and returned with your Proposal if the Proposal is submitted as a Joint
Venture/Consortium/Association.
No Name of Partner and contact information Proposed proportion of responsibilities (in

(address, telephone numbers, fax numbers, e-mail address) %) and type of services to be performed
1 [Complete] [Complete]
Name of leading partner

(with authority to bind the JV, Consortium,
Association during the RFP process and, in [Complete]
the event a Contract is awarded, during
contract execution)
We have attached a copy of the below document signed by every partner, which details the likely legal
structure of and the confirmation of joint and severable liability of the members of the said joint venture:
Letter of intent to form a joint venture OR JV/Consortium/Association agreement
We hereby confirm that if the contract is awarded, all parties of the Joint Venture/Consortium/Association
shall be jointly and severally liable to UNDP for the fulfillment of the provisions of the Contract.
Name of partner: ___________________________________ Name of partner: ___________________________________
Signature: ______________________________ Signature: _______________________________
Date: ___________________________________ Date: ___________________________________
Name of partner: ___________________________________ Name of partner: ___________________________________
Signature: ______________________________ Signature: _______________________________
Date: ___________________________________ Date: ___________________________________
67
FORM D: QUALIFICATION FORM
If JV/Consortium/Association, to be completed by each partner.
Historical Contract Non-Performance

Contract non-performance did not occur for the last 3 years
Contract(s) not performed for the last 3 years
Year Non- performed Contract Identification Total Contract Amount
portion of (current value in US$)
contract
Name of Client:
Address of Client:
Reason(s) for non-performance:
Litigation History (including pending litigation)

No litigation history for the last 3 years
Litigation History as indicated below
Year of Amount in Contract Identification Total Contract Amount
dispute dispute (in US$) (current value in US$)
Name of Client:
Address of Client:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Party awarded if resolved:
Previous Relevant Experience

Please list only previous similar assignments successfully completed in the last 10 years.
List only those assignments for which the Bidder was legally contracted or sub-contracted by the Client as a
company or was one of t
experts working privately or through other firms cannot be claimed as the relevant experience of the Bidder,
-consultants, but can be claimed by the Experts themselves in their CVs.
The Bidder should be prepared to substantiate the claimed experience by presenting copies of relevant
documents and references if so requested by UNDP.
Project name & Client & Reference Contract Period of Types of activities
Country of Contact Details Value activity and undertaken
Assignment status
Bidders may also attach their own Project Data Sheets with more details for assignments above.
68
Attached are the Statements of Satisfactory Performance from the Top 2 (two) Clients or
more.
Financial Standing
Annual Turnover for the last 3 years Year USD

Year USD
Year USD
Latest Credit Rating (if any), indicate the

source
Financial information Historic information for the last 3 years

(in US$ equivalent)
Year 1 Year 2 Year 3
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total / Gross Revenue (TR)
Profits Before Taxes (PBT)
Net Profit
Current Ratio
Attached are copies of the audited financial statements (balance sheets, including all related notes, and
income statements) for the years required above complying with the following condition:
d) Must reflect the financial situation of the Bidder or party to a JV, and not sister or parent companies;
e) Historic financial statements must be audited by a certified public accountant;
f) Historic financial statements must correspond to accounting periods already completed and audited.
No statements for partial periods shall be accepted.
69
FORM E: FORMAT OF TECHNICAL PROPOSAL
presented with a requirement or asked to use a specific approach, the bidder must not only state its
acceptance, but also describe how it intends to comply with the requirements. Where a descriptive response
is requested, failure to provide the same will be viewed as non-responsive.
SECTION 1
1.1 Brief description of the organization, including the year and country of incorporation, and types of
activities undertaken.
1.2 General organizational capability which is likely to affect implementation: management structure,
financial stability and project financing capacity, project management controls, extent to which any
work would be subcontracted (if so, provide details).
1.3 Relevance of specialized knowledge and experience on similar engagements done in the
region/country, through the presentation and analysis of Descriptive Memorial about the experience in
port planning works (please also refers and check specific requirements as per Section IV).
1.4 Quality assurance procedures and risk mitigation measures.
1.5
SECTION 2: Proposed Work Plan

This sec
components proposed, addressing the requirements, providing a detailed description of the essential
performance characteristics proposed and demonstrating how the proposed approach and methodology
meets or exceeds the requirements. Proposed Work Plan must describe in a clear, objective and sufficiently
and management structure, resources,
schedule and other items that allow an assessment of the way and means in which the bidder intends to carry
out the work required in Activities A1, A2, A3 and A4 and their products, provided that they meet the
execution schedule as defined in Table 2 of this Term of Reference.
All important aspects should be addressed in sufficient detail and different components of the project should
be adequately weighted relative to one another.
2.1 A detailed description of the approach and methodology for how the Bidder will achieve the Terms of
Reference of the project, keeping in mind the appropriateness to local conditions and project
environment. Details how the different service elements shall be organized, controlled and delivered.
2.2
review mechanisms.
2.3 Explain whether any work would be subcontracted, to whom, how much percentage of the work, the
rationale for such, and the roles of the proposed sub-contractors and how everyone will function as a
team.
2.4 Description of available performance monitoring and evaluation mechanisms and tools; how they shall
be adopted and used for a specific requirement.
70
2.5 Implementation plan including a Gantt Chart or Project Schedule indicating the detailed sequence of
activities that will be undertaken and their corresponding timing. Schedule Chart 2 (page 52) of the
Section 5. Terms of Reference, PHYSICAL EXECUTION SCHEDULE must be followed by the
BIDDERS in the preparation of their technical proposal, under penalty of disqualification.
2.6 Describe the overall management approach toward planning and implementing the project. Include an
organization chart for the management of the project describing the relationship of key positions and
designations. Provide a spreadsheet to show the activities of each personnel and the time allocated for
his/her involvement.
2.7 Demonstrate how you plan to integrate sustainability measures in the execution of the contract.
2.8 Any other comments or information regarding the project approach and methodology that will be
adopted.
Provide comments and suggestions on the Terms of Reference, or additional services that will be rendered
beyond the requirements of the TOR, if any.
SECTION 3: Key Personnel

3.1 Provide CVs for key personnel that will be provided to support the implementation of this project using
the format below. CVs should demonstrate qualifications in areas relevant to the Scope of Services.
Format for CV of Proposed Key Personnel
71
NAME OF
[INSERT]
PERSONNEL
POSITION FOR
[INSERT]
THIS ASSIGNMENT
NATIONALITY [INSERT]
LANGUAGE
[INSERT]
PROFICIENCY
[SUMMARIZE COLLEGE/UNIVERSITY AND OTHER SPECIALIZED

EDUCATION/ EDUCATION OF PERSONNEL MEMBER, GIVING NAMES OF
QUALIFICATIONS SCHOOLS, DATES ATTENDED, AND DEGREES/QUALIFICATIONS
OBTAINED.]
72
[INSERT]
[PROVIDE DETAILS OF PROFESSIONAL CERTIFICATIO NS

RELEVANT TO THE SCOPE OF SERVICES]
PROFESSIONAL
CERTIFICATIONS
NAME OF INSTITUTION: [INSERT]
DATE OF CERTIFICATION: [INSERT]
[LIST ALL POSITIONS HELD BY PERSONNEL (STARTING WITH

PRESENT POSITION, LIST IN REVERSE ORDER), GIVING DATES,
NAMES OF EMPLOY ING ORGANIZATION, TITLE OF POSIT IO N
EMPLOYMENT HELD AND LOCATION OF EMPLOYMENT. FOR EXPERIENCE IN
RECORD/ LAST FIVE YEARS, DETAIL THE TYPE OF ACTIVITIES PERFORMED,
EXPERIENCE DEGREE OF RESPONSIBILITIES, LO CATIO N OF ASSIGNMENTS
AND ANY OTHER INFORMATIO N O R PRO FESSIO NAL EXPERIENCE
CONSIDERED PERTINENT FOR THIS ASSIGNM ENT.]
[INSERT]
73
[PROVIDE NAMES, ADDRESSES, PHONE AND EMAIL CONTACT
INFORMATION FOR TWO (2) REFERENCES]
R EF ER EN CE 1 :
R EF ER EN CE S
[INSERT]
R EF ER EN CE 2 :
[INSERT]
74
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe my
qualifications, my experiences, and other relevant information about myself. I also declare my commitment
to personally perform the technical activities specified in this Term of Reference.
________________________________________ ___________________
Signature of Personnel Date (Day/Month/Year)
75
FORM F: FINANCIAL PROPOSAL SUBMISSION FORM
We, the undersigned, offer to provide the services for Consultancy for the Provision of Specialized Technical
Services in the Area of Ports, in accordance with your Request for Proposal No. [Insert RFP Reference Number]
and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and our
Financial Proposal sealed under a separate envelope.
Our attached Financial Proposal is for the sum of [Insert amount in words and figures].
Our Proposal shall be valid and remain binding upon us for the period of time specified in the Bid Data Sheet.
We understand you are not bound to accept any Proposal you receive.
Name: _____________________________________________________________
Title: _____________________________________________________________
Date: _____________________________________________________________
Signature: _____________________________________________________________
[Stamp with official stamp of the Bidder]
76
FORM G: FINANCIAL PROPOSAL FORM
The Bidder is required to prepare the Financial Proposal following the below format and submit it in an
envelope separate from the Technical Proposal as indicated in the Instruction to Bidders. Any Financial
Technical Proposal.
*Financial proposals must include costs per person per day and a range of estimated time/person
that will be allocated per output, as Products/Deliverables, of Terms of Reference.
Currency of the proposal: [Insert Currency]

Table 1: Summary of Overall Prices
Amount(s)
Professional Fees (from Table 2)
Other Costs (from Table 3)
Total Amount of Financial Proposal
Note: The total amount proposed under Table 4 should be equal to the total amount
proposed under Table 1. This will be the amount that will be taken into consideration for
evaluation purposes.
Table 2: Breakdown of Professional Fees

Name Position Fee Rate No. of Total Amount
Days/months/
hours
A B C=A X B
Please inform if In-
Country or home
based
In-Country / home based TEAM COORDINATOR
In-Country / home based ADMINISTRATOR OR PROJECT MANAGER
1
In-Country / home based URBANIST ARCHITECT
In-Country / home based BIOLOGIST I
In-Country / home based BIOLOGIST II
In-Country / home based TECHNICAL CONSULTANT ON PORT ISSUES
In-Country / home based GRAPHIC DESIGNER
In-Country / home based ECONOMIST I
In-Country / home based ECONOMIST II
In-Country / home based ENGINEER I
In-Country / home based ENGINEER II
In-Country / home based STATISTICIAN OR DATA SCIENTIST
In-Country / home based GEOGRAPHER OR CARTOGRAPHER I
In-Country / home based GEOGRAPHER OR CARTOGRAPHER II
In-Country / home based KNOWLEDGE MANAGER
In-Country / home based FULL OR SENIOR TECHNICAL REVIEWER
In-Country / home based [others, please specify if any other
required profile]
In-Country / home based [please specify required profiles]
Product 2.1. Updated Master Plan for the Paranaguá Antonina/PR Port Complex, based on the preliminary
version of the new methodology
Product 2.2. Updated Master Plan for the Port Complex of São Francisco do Sul/SC, based on the
preliminary version of the new methodology
Product 1.1. Methodology for updating port master plans - preliminary version
Product 1.2: Methodology for updating port master plans - final version for approval
Product 2.3. Updated Master Plan for the Santana/AP Port Complex, based on the new methodology
Product 2.4. Updated Master Plan for the Santarém/PA port complex, based on the new methodology

Product 2.5. Updated Master Plan for the Belém-Vila do Conde/PA port complex, based on the new
methodology
Product 2.6.Updated Master Plan for the Itaqui/MA port complex, based on the new methodology
Product 4.1: Knowledge Management Methodology in Port Sector Planning - preliminary version
Product 4.3: Knowledge Management Process in Port Sector Planning - preliminary version
2
Product 2.7. Updated Master Plan for the Itajaí/SC port complex, based on the new methodology
Product 4.2: Knowledge Management Methodology in Port Sector Planning - final version
Product 4.4: Knowledge Management Process in Port Sector Planning - final version
Product 4.5: Training execution report in the workshop containing evaluation of the results achieved and
future perspectives
3
Table 3: Breakdown of Other Costs
Depar Subtotal Ticket Sub Miscella Local Out-of- Sub Sub
ture / 1 Price Total neous transpo Pocket Total 3 Total 4
From Days No. of Per Per (round 2 [Col travel rtation Expense [Col 10 [Col 11
Description / Related
per Professi Diem Diem trip) 6= expense costs / s [Col 9] = Col 7 = Col 4
travel costs/expenses
trip onals Price [Col 4 = [Col 5] Col 2 x [Col 7] [Col 8] + Col 8 + Col 6
(Destination)
[Col 1] [Col 2] [Col 3] Col 1 x Col 5] + Col 9] + Col
Col 2 x 10]
Col 3]
Brasília/DF 1
Brasília/DF 2
Brasília/DF 2
Brasília/DF 2
Paranaguá/PR 4
Paranaguá/PR 2
São Francisco do Sul /
3
SC
São Francisco do Sul /
2
SC
Santana / AP 3
Santana / AP 2
Santarém / PA 3
Santarém / PA 2
Belém Vila do Conde
3
/PA (Barcarena / PA)
Belém Vila do Conde
2
/PA (Barcarena / PA)
Itaqui / MA 4
1
Itaqui / MA 2
Itajaí / SC 3
Itajaí / SC 2
Brasília/DF 2
Brasília/DF 3
Brasília/DF 3
Brasília/DF 3
Brasília/DF 3
Brasília/DF 2
Brasília/DF 2
Brasília/DF 1
Related travel, transportation, out-of-Pocket expenses/costs - Sub-total 5 ( Sub-total 4):
Other Costs: (please specify): Unit Total
UOM Quant.
Price Amount
]
Other Costs Sub Total 6:
Grand total Other Costs ( Sub-total 5, 6):
Note: It is expected that at least one professionals profiles is considered in each trip.
2
Table 4: Breakdown of Price per Deliverable/Activity
Deliverable/
Total
Activity description per Product
Development of a new methodology for updating port master plans;
Update of 7 (seven) port master plans;
Technical training and knowledge transfer in port planning; and
Development of Knowledge Management methodology and process in port planning.
1
FORM H: DECLARATION OF COMMITMENT FOR UNDP SUPPLIERS
SERVICE PROVIDER STATEMENT OF COMMITMENT

Service provision reference: RFP JOF ./2021
Object of the Contract:
I hereby declare that I am aware and full committed to not engage in any conduct
associated with sexual exploitation and abuse, discrimination or harassment, whether
sexual or gender-related, as well as with physical abuse, abuse of authority or verbal abuse
in the provision of the service in any work or intellectual production environment.
I declare that I am not personally or in any branches (if any), subsidiaries or affiliated
entities (if any) engaged in any practice inconsistent with the criteria set forth The
which sets out the enshrined principles as
to the right to life, liberty, the obligations of parents, society and the state towards
children and adolescents.
I further agree that any breach of any rule will constitute a serious violation and that in
addition to other legal rights and provisions available to any person or institution this
will serve as grounds for termination with the consequent extinction of any link related to
service provision.
I also understand that nothing in these terms shall limit the right of UNDP to bring such
a breach of the rules of conduct to the knowledge of authorities.
Name:
Signature:
Title:
ID Number:
Date:
2
FORM I PERFORMANCE SECURITY TEMPLATE
INSERT LETTERHEAD OF THE BANK
[date]
To: Beneficiary
United Nations Development Programme (UNDP)
[insert address]
Contractor
[insert information on contractor]
Reference: Guarantee No. [insert number]
Dear Sirs,
WHEREAS, the United Nations Development Programme
WHEREAS, the Contract requires that the Contractor furnishes a bank guarantee for a
with its obligations under the Contract;
such Guarantee;
NOW THEREFORE, we, the Guarantor, hereby undertake to pay to the Beneficiary, upon
not exceeding in the aggregate [currency][amount in words and figures] or such lesser
sum of money as the Beneficiary may by such written demand require to be paid,
its obligations under the Contract, without the need to specify, prove or show grounds
or reasons for such demand. Such statement shall be conclusive evidence of the
Guarantee.
3
The maximum guaranteed amount under this Guarantee is [currency] [amount in words
and figures].
We, the Guarantor, further agree that no change or addition to or other modification of
the terms of the Contract or of the works, goods and services acquired thereunder,
which may be made between the Beneficiary and the Contractor, shall in any way
release us, the Guarantor, from any liability under this Guarantee, and we hereby waive
the notice of any such change, addition or modification.
This Guarantee shall be valid until thirty (30) days after the date of issuance by the
Beneficiary of a certificate of satisfactory performance and full completion by the
Contractor of its obligations under the Contract.
Subject to the paragraph below, this Guarantee is governed by the Uniform Rules for
Demand Guarantees, ICC Publication No. 758. The supporting statement under Article
15(a) thereof is excluded.
Nothing herein or related hereto shall be deemed a waiver express or implied of the
privileges and immunities of the United Nations, including its subsidiary organs nor shall
it be interpreted or applied in a manner inconsistent with such privileges and
immunities.
SIGNATURE AND SEAL OF THE GUARANTOR BANK
__________________________________
Date:
Name of Bank:
Address:

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JOF - JOINT OPERATIONS FACILITY

REQUEST FOR PROPOSAL

Consultancy for the Provision of Specialized

RFP JOF Nº: 2372 Event ID 0000008992

Issued on: 13 April 2021

Project BRA/13/013 - EPL

Section 1: This Letter of Invitation

Please acknowledge receipt of this RFP by sending an email to licitacoes.jof@un.org.br, indicating

3. Eligibility 3.1 A vendor should not be suspended, debarred, or otherwise identified as

whether or not such a conflict exists.

being registered, operated and managed as an independent business entity, the

8. Documents 8.1 The Proposal shall comprise of the following documents:

Qualifications of a contract to a Bidder, its qualifications must be documented to

using the conversion method specified above.

21. Pre-Bid 21.1 be conducted at the date, time and

C. SUBMISSION AND OPENING OF PROPOSALS

ii. Be addressed to UNDP as specified in the BDS

Email Submission or premature opening of the Proposal.

24.3 eTendering: A Bidder may withdraw, substitute or modify its Proposal by

Rating the Technical Proposal (TP):

Rating the Financial Proposal (FP):

Total Combined Score:

33. Responsivenes 33.1 ill be based on the

Form.docx&action=default within fifteen (15) days of the contract signature by

42. Bank 42.1

45. Vendor 45.1

1 7 English and Portuguese

2 Submitting Proposals for

3 20 Alternative Proposals Shall not be considered

Time: 03:00 p.m. (Brasília-DF Time Zone)

5 16 Proposal Validity 90 days

6 12 Bid Security Not Required

8 Will be imposed as follows:

Percentage of contract price per day of delay: 0,5

10 13 Currency of Proposal United States Dollar

Local Currency: Brazilian Reais

For evaluation purpose UNDP will convert the currency

Note: Payment to National/Local Proposers will be made

11 18 Deadline for submitting

12 18 Contact Details for JOF Websistem: https://www.un.org.br

15 22 Allowable Manner of e-Tendering (Only)

General Information on the e-Tendering System:

16 22 Proposal Submission https://etendering.partneragencies.org

17 22 Electronic submission Format: PDF files only

18 27 Evaluation Method for Combined Scoring Method, using the 70%-30%

The minimum technical score required to pass is 70%.

Expected date for July 2021

20 Maximum expected 24 months

21 35 UNDP will award the One Proposer Only

22 39 Type of Contract Contract for Goods and Services for UNDP

23 39 UNDP Contract UNDP General Terms and Conditions for Professional

PRELIMINARY EXAMINATION CRITERIA

Minimum Eligibility and Qualification Criteria

Subject Criteria Document Submission requirement

Brazilian Companies shall present the CNPJ

Presentation of sworn declaration

Constitutive Document - Declaration of

Negative Certificate of Bankrupt or Judicial

Negative Certificate of Debts with State Taxes

Negative Certificate of Debts with Taxes and

Negative Debit Certificate (CND), issued by the

Certificate of Regularity of the FGTS, issued by

The winner bidder shall present valid