Requests for proposals and selection of potential contractors

Key information to request in the request for proposals, as well as a checklist, can be found in the Contract Guidance Tool for Private Military and Security Services (DCAF 2017). While this resource is framed as a contracting tool for States seeking to contract private military and security services—or private security providers—its criteria are applicable and useful to companies who undertake contracting.

Excerpt from Part 1: Bidding and selection of potential contractors:

1.1. Definition of the mandate and contractor responsibilities

The RfP should be developed on the basis of a previously performed in-field needs assessment, taking into consideration particularly the needs and impacts of contracting the services of [private security providers] The needs assessment should also proactively evaluate the most significant risks, in order to determine the appropriate security measure while avoiding unnecessary action. Furthermore, the process should be managed by a responsible authority or office, with adequate resources and trained personnel to handle contracting effectively. It should be noted that the proposed criteria for inclusion in the RfP mentioned in this tool represent minimum criteria to consider and do not aim to be exhaustive.

The RfP should include a detailed description of the mandate and the contractor’s responsibilities:

Definition of the mandate:

• The background information, including the type of services required, whether armed or unarmed, number of personnel posts to be covered and percentage of local staff required, if relevant;
• The terms of contract, including effective date and duration;
• The working environment, context, and operational tasks required of the contractor;
• Minimum age, training and experience levels required, language skills, and other required skills/expertise of its personnel; and
• Equipment requirements.

1.2. Exclusion Criteria

Add any other criteria that automatically disqualifies a potential contractor regardless of other criteria.

Exclusion criteria should at least entail:

• National criminal records or other evidence indicating violations of IHL or abuses of IHRL linked to a potential contractor or personnel; records should indicate if personnel have been convicted of any national criminal offence or found by national or international bodies to have breached international criminal law or committed abuses of international human rights law or violations of IHL in any jurisdiction;
• Evidence of grave professional misconduct by the company or one of its personnel; conviction of personnel or finding that the company is responsible for an offence concerning professional conduct;
• Failure to provide the requested documentation and information or submission of false and/or misleading information;
• Inability to fulfil a key requirement of the RfP; and
• Evidence of bribery, corruption or other conflict of interest.

1.3. Award Criteria

The RfP should require the potential contractor to provide sufficient evidence concerning the following criteria, which will also be included in the contract:

• Knowledge of and ability to perform the services in compliance with IHRL and, in situations of armed conflict, IHL, as well as all applicable national and international laws and standards - including the Voluntary Principles on Security and Human Rights (VPs) [in case the contract is related to extractive operations];
• Possession of all necessary business licenses, registrations, permits, authorisations, or approvals required under applicable international and national law of Home and/or Territorial States;
• Possession of all necessary licenses, registrations, permits, authorisations or approvals required under the laws of States of nationality of private security provider personnel;
• Qualified and experienced personnel, adequate equipment, facilities, resources and infrastructure for the timely and competent performance of the mandate;
• Sufficient evidence of its good reputation and irreproachable business conduct;
• Fair remuneration and working conditions for its personnel, as well as the minimum age to carry out security services, in accordance with international and national law. Proof of providing personnel with social benefits that are reasonable and in keeping with the applicable national statutory provisions (in particular in cases of accident, illness, disability or death). Social benefits and renumeration should be in line with national laws and international labor laws and standards;
• Adequate internal control system capable of ensuring that its personnel comply with established ethical conduct and that disciplinary measures are taken where misconduct occurs. In cases of criminal misconduct, an adequate internal control system should refer these cases to the relevant national criminal justice system. The internal control system should provide proof that legal provisions and regulations are implemented and that company principles and rules are complied with;
• Sufficient financial and economic stability;
• Appropriate costing and value for money;
• Governance and oversight: code of conduct, rulebooks, ethics committee, employee tribunals, membership of trade association; and
• Insurance to cover risks and associated liabilities arising from the contractors’ operations and activities, including insurance for its personnel.

The RfP should also require that bids include the following information:

• [Private security provider] risk mitigation strategy including strategies to mitigate the risk of misconduct by employees and, where relevant, sub-contractors;
• Use of force policy
• Small arms and light weapons manual, where relevant;
• Information related to planned sub-contracting, where relevant; and
• [Private security provider] mechanism for complaints process and grievance resolution.’