4.2. Information Sessions

To give potential bidders a better understanding of the tender process, the nature of the program and the challenges, GIZ will organize an info session that will be held both virtually and in person. The meeting serves as an occasion for interested bidders to clarify the selection process and the requirements for the bid.

Participation in the information session is optional. Not participating in the information meeting will not have any impact on the selection process.

4.3 Evaluation of bids

Bids will be evaluated in a first step according to the eligibility criteria set out in chapter 1.3. This desk evaluation is performed by GIZ staff. Only those bids that meet the eligibility requirements will be considered for the technical evaluation.

All eligible offers will be technically evaluated according to the criteria defined in Chapter 4. The technical evaluation of offers will be carried out by a committee composed of the following members:

• Representative of the Ministry of ICT and Innovation
• Representative of the Ministry of Education
• GIZ representative
• Representative from Rwanda Education Board
• Representative from Rwanda Technical Board

Assessments will be conducted individually and the scores of each committee member, of equal weight, will be combined into a joint score. Only bids that obtain a combined evaluation of at least 90 points will be eligible for contracting.

5. Mandatory Innovation Program

After the successful selection, the winning teams must participate in a 6-months Innovation program. During this phase the successful bidders will work closely with the target groups (i.e: the teachers and students) in the selected schools to further develop and refine their MVP into a final product that can be scaled. This program will be consisting of the following components: 

Kick-off workshop (mandatory)

• In this kick-off workshop, the basis for collaboration with GIZ, the ministries and the bidders will be established, and the key performance indicators (KPIs) will be set and defined.
• The solution and the challenge will be analyzed jointly by business and the public sector and a pilot and adaptation plan for the solutions will be developed.
• Additional support needs of companies for piloting the solution or cooperation with the public sector are recorded. 

Mid-term workshop (mandatory)

• This workshop allows you to review and, if necessary, adjust the KPIs set at the beginning.
• The mode of collaboration will be evaluated and adjusted if necessary
• A reflection on the possibilities of possible continuation of the collaboration at the end of the contractual period. 

Final workshop (mandatory)

• The objective of this workshop is to present the final solution
• A decision will be made in the margins of this workshop on the possible collaboration to be implemented beyond the contractual period. 

Support program (additional/depending on the maturity of the proposed solution) 

• In addition to the mandatory workshops, GIZ can provide additional support to participating teams. This support can be offered in the following areas following:

1. Regular meetings with a dedicated mentor (Process Manager)
2. Mentoring and technical support to develop and adapt the solution
3. Understand the legal context in which the solution must operate
4. Procurement Strategy Recommendations 
5. Communication support
6. Business development support (Business development)
7. Accompanied field visits of the cooperation partners, if necessary 

Successful bidders are required to participate in the three mandatory workshops, as well as in the complementary offer of demand support as required and as agreed at the kick-off meeting. The time invested to participate in these meetings and support offers cannot be included in the proposal budget by bidders, as the objective is to help them successfully adapt their solution to the public sector context.

The successful bidder is held responsible to share all progress and the data related to proving its impact in adequate format with GIZ

6. Intellectual Property.

This is going to be a shared IP between the service provider and the Government of Rwanda being represented by the Ministry of ICT and Innovation (MINICT). 

• Rights in the result of the services

6.1.1 The Contractor grants to the Principal and MINICT, at the time when the contractual performance is rendered in each instance, the

• nonexclusive,
• unrestricted as to location,
• exercisable in any environment (including any system environment),
• transferrable,
• permanent, irrevocable, and non-terminable,
• sublicensable for non-commercial purposes, [and]
• sublicensable for commercial purposes to contracting entities as defined in Sections 99 to 101 of the German Act against Restraints of Competition [Gesetz gegen Wettbewerbsbeschränkungen; "GWB"]

right to:

• use, i.e., in particular, to store and load permanently or temporarily, to display, and to run, including insofar as reproductions are necessary for these purposes,
• modify, translate, adapt, and transform in other ways,
• store, duplicate, or display in any known medium or in any other way, in particular, play back non-publicly or publicly, including through transmissions or on video, audio and any other information media or through radio broadcasts, as well as make accessible publicly with the exception of any source code*,
• use in databases, data networks, and online services, including the right to make the results of the services available to the users of the aforementioned databases, networks, and online services for research and for retrieval using tools chosen by the Principal and MINICT, or for downloading,
• have used and adapted by third parties, or have adapted for the Principal and MINICT or to use not only for the Contractor's own purposes but also in order to provide services to third parties, [and]
• disseminate in tangible or intangible form, though commercially only to contracting entities as defined in Sections 99 to 101 of the GWB the results of the services in their original or in a modified, translated, adapted, or transformed form.

With respect to software, the right of use also extends to its object code* and source code* and the related documentation. 

6.1.2 If the Principal or MINICT exercises, in whole or in part, its right to transfer the right of use in the results of the services, or if the Principal or MINICT permits use by third parties under its rights of sublicensing or dissemination, then it must impose the contractual obligations set out in Section 7 of this ToR with respect to the content and scope of the rights of use on the third party. Any liability of the Contractor to third parties in connection with any sublicensing or dissemination is excluded. 

If the Principal and MINICT have transferred its rights of use to the third party, the Principal and MINICT are no longer entitled to the use. However, the Principal and MINICT are entitled to retain and use one copy exclusively for testing and archival purposes. 

6.1.3 The right of use relates to the results of the services in all developmental, intermediate, and final stages, as well as to any other materials necessary for the exercise of the rights of use such as, for example, analyses, service briefs, functional specifications, concepts, and descriptions. 

6.1.4 The Contractor will integrate preexisting works that are subject to copyright (e.g., software components, templates, concepts or documentation) into the results of the services only if it has previously received approval from the Principal and MINICT for this. With the integration of the preexisting words, the Principal and MINICT shall receive the rights provided for in Section 7.1.1 hereof. The dissemination and sublicensing of preexisting works must be remunerated if the Contractor quantified the remuneration for the granting of such rights at the time when the Principal's and MINICT´s approval was obtained. As long as the Principal and MINICT does not exercise these rights in the preexisting works, the remuneration for their dissemination or sublicensing shall not be due. 

If the preexisting work constitutes software, the right of adaptation shall be excluded for it if the following conditions are met:

• When obtaining the Principal and MINICT's approval, the Contractor stated that, rather than the source code* of the preexisting work, it would only supply the preexisting work's object code* and the Contractor made the Principal and MINICT aware that the latter would not be receiving any right of adaptation in it, and the Contractor does in fact supply only the object code*.
• The Contractor puts the Principal and MINICT in a position to generate the executable configured software with appropriately qualified personnel from the parts of the results of the services supplied in source code* code and the preexisting works supplied only in object code*.
• There is no statutory right to adapt. Section 7.1.5. hereof shall apply to the use of tools*. 

To the extent that software is involved, the dissemination and sublicensing of the preexisting works is permitted only together with the results of the services in the form as supplied or in a modified, translated, adapted, or transformed form. 

6.1.5  If the Contractor has used or developed tools* in creating the results of the services that are not available on the market and if, without those tools*, adaptation and transformation of the results of the services is not possible or is possible only at unreasonable cost, the Contractor shall deliver to the Principal and MINICT a reproduction of that tool* by no later than when the rendering of the respective performance has ended and shall grant the Principal and MINICT the

• nonexclusive,
• unrestricted as to location,
• exercisable in any environment (including any system environment),
• transferrable only together with those results of the services for the adaptation or transformation of which that tool is used,
• permanent, irrevocable, and non-terminable, 

right to utilize the tool* in the original form to adapt and transform the results of the services exclusively for the purpose of remedying defects and further development, and, to that end 

The Principal and MINICT are entitled moreover to produce an additional copy and to disseminate it together with the respective results of the services and to grant the third party the rights arising from this Section 7.1.5, with the exception of the right to sublicense, disseminate, and reproduce.

Instead of the tool* utilized by the Contractor, the Contractor may deliver a reduced version of that tool* to the Principal and MINICT and grant the Principal and MINICT the rights thereto listed in this Section 7.1.5 if the results of the services can be adapted and transformed just as well with the reduced version.

The Contractor is not obliged to supply the tool* if it can prove that the results of the services can be adapted and transformed just as well with another tool* available on the market as with the tool* utilized by the Contractor and the Contractor identifies the procurement source to the Principal and MINICT. 

6.1.6 Unless otherwise agreed, the Contractor shall, in the event of development or adaptation of software, at the end of each day on which the software was modified, store the respective current version of this software, including the source code*, in a source code depository provided by the Principal or MINICT, if no source code depository is stipulated, deliver the foregoing to the Principal and MINICT on another appropriate medium. The source code* shall include the professional commenting of the source code* and the description of the necessary system parameters as well as other necessary information that will enable the Principal and MINICT to adapt the source code* with specialized personnel for the purpose of independent further development of the software created by the Contractor. 

6.1.7 To the extent that the results of the services involve objects or results of the services are embodied in objects, the Contractor assigns the ownership to the results of the services to the Principal and MINICT. 

• Inventions 

Unless otherwise agreed in the Contract, the following shall apply to inventions made in result of the performance of the Contract:

• The Contractor may freely dispose over the invention and the rights arising from and related to it and may register the invention as a patent or utility model. The Contractor hereby grants to the Principal and MINICT at no cost, a simple, nonexclusive, transferrable, and sublicensable right, with effect in rem, to use patents and utility models registered or issued at present or in the future in connection with the use of the results of the services affected by the invention. Insofar as the foregoing is inadequate in a specific case, the Contractor grants rights of use to the extent necessary for the Principal and MINICT or an authorized third party to be able to exercise the rights in the results of the services as contractually agreed.
• The Contractor must ensure at its own expense that the exercise of the rights of use in the results of the services enjoyed by the Principal and MINICT cannot be impaired by the Contractor, the inventor, or any legal successor. In particular, the Contractor shall for this purpose assert any and all claims to any employee inventions

7. Contract Duration and Payment

Once a contract is awarded, the payment for the services provided will be made in three installments upon the successful completion of the deliverables per milestone. The three milestones are modelled against the innovation program which has a duration of 6 months. Successful bidders are expected to have a final solution ready for roll-out, as per their bid by the end of the program.

The duration of the Sandbox experiment phase is 1 year which comprises of participation in the Innovation program for a period of 6 months while working closely with the target groups (i.e.: teachers, students, etc.) in the selected schools, 4 months of implementation and provision of service and maintenance, and 2 months of monitoring and evaluation. The duration of the contracts is one (1) year from contract start.. The successful bidder is expected to ensure the functioning and maintenance of the solution and to provide the solution and the target groups (i.e.: students, teachers, etc.) and all necessary support needed for the duration of the contract.  During this period, GIZ and its partners, the MINICT and MINEDUC may reserve the right to negotiate other forms of cooperation agreements or tender solutions for a prolonged contractual cooperation.

Milestones

8. Inputs of the project by GIZ

GIZ is expected to make the following available:

• Access to the network of GIZ or its partners
• Innovation Program consisting of workshops and support offer as outlined in Chapter 6

9. Submission of proposal

Please submit electronically your proposal documents as per guidelines given in attached forms and should be in PDF files to this email ONLY: RW_Quotation@giz.de  until latest 28^th December 2023

Please you must write on email subject this sentence: 83455089-Robotics challenge Proposal. Without this sentence, your offer may not be considered. 

Hard copies are not allowed this time 

GIZ reserves all rights