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REQUEST FOR PROPOSAL
LRPS//2017/9131836 17 May, 2017
UNITED NATIONS CHILDREN’S FUND (UNICEF) ZAMBIA
Wishes to procure services from a qualified Institution
For
Development of a Water Quality Monitoring Protocols for Zambia
SEALED OFFERS SHOULD BE SENT TO:
UNICEF, ZAMBIA
Attention: Bid Opening Unit
UNICEF, UN House, 3rd Floor
Alick Nhata Road, Longacres, Lusaka
IMPORTANT – ESSENTIAL INFORMATION
The reference LRPS//2017/9131836 must be shown on your offer.
THE PROPOSAL FORM MUST BE USED WHEN REPLYING TO THIS INVITATION.
FAILURE TO SUBMIT YOUR BID IN THE ATTACHED PROPOSAL FORM, OR FAILURE
TO COMPLETE THE DETAILS AS REQUESTED, WILL RESULT IN INVALIDATION.
Offers MUST be received by latest 12:00hrs Zambia local time on Friday 9 June, 2017. Proposals
received after the stipulated date and time will be invalidated.
Proposals must be submitted in duplicate, in a securely sealed envelope in accordance with the
Instructions to Bidders within this RFP.
The envelopes must be deposited in the UNICEF tender box located at the reception area UNICEF
offices, 3rd Floor U.N House, Alick Nkhata road, Longacres, Lusaka.
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PROPOSALS WILL ONLY BE ACCEPTED IN THE CURRENCY STATED IN THE
ENCLOSURES TO THE INVITATION. PROPOSALS RECEIVED IN ANY OTHER
CURRENCY WILL BE INVALIDATED.
There shall be a pre-bid meeting at Zambian local time on Friday 2nd June, 2017 at 12hrs local
Zambian time to give bidders an opportunity to clarify matters pertaining to the Request for
Proposal.
A Conference call will be organized. The interested contractors should indicate their interest and
send the telephone number at which they can be contacted to: [email protected] by
Wednesday 31st May, 2017.
THIS REQUEST FOR PROPOSAL HAS BEEN:
Prepared By:
Idah Mangani
Supply Officer
Approved By:
Claudia Melani
OIC Supply Unit
Contact Details for additional information (not for submission of proposals) Email: Htay Htay Aung, Supply Specialist, UNICEF Zambia, [email protected] and Idah
Mangani, Supply Officer.
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TABLE OF CONTENTS
DESCRIPTION PAGE NO.
Cover Pages 1-2
Table of Contents 3
Proposal Form (for completion by Bidders) 4
Section I - Purpose of the Assignment - Terms of Reference 5 – 10
Section II – Evaluation and selection process 11 -14
Section III – Response Format 15 – 16
Section IV – Instruction to Bidders 17 – 20
Instruction to Vendors Annex 1
UNICEF General Terms and Conditions Annex 2
UNICEF Institutional contract for services Annex 3
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PROPOSAL FORM
PROPOSAL FORM must be completed, signed and returned to UNICEF. Bid must be made in
accordance with the instructions contained in this Invitation to Bid/Request for Proposal.
TERMS AND CONDITIONS OF CONTRACT
Any Contract resulting from this RFP shall contain UNICEF’s General Terms and Conditions (as
attached) together with specific terms and conditions as detailed herein.
INFORMATION
Any request for information concerning this invitation, must be forwarded in writing by email or by fax,
to the person who prepared this document, with specific reference to the RFP number.
DECLARATION
The undersigned, having read the Terms and Conditions of LRPS/2017/9131836 set out in the attached
document, hereby offers to supply the goods/services specified in the schedule at the price or prices
quoted, in accordance with the specifications stated and subject to the Terms and Conditions set out or
specified in the document.
Name of authorized representative: ______________________________________
Title: _______________________________________
Signature: _______________________________________
Date: _______________________________________
Supplier Name: _______________________________________
Postal Address: _______________________________________
Telephone No.: _______________________________________
Fax No.: _______________________________________
Email Address: _______________________________________
Validity of Offer (not less than 60 days):____________________________________
Currency of Offer: USD _______________________________________
Please indicate after having read UNICEF Payment & Discount stated under Instructions to Bidders,
which of the following payment terms are offered by you:
10 days 3.0% ____ 15 days 2.5%____ 20 days 2.0%____ 30 days net_____ Other________
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SECTION I. PURPOSE OF THE ASSIGNMENT - TERMS OF REFERENCE
Purpose of Assignment: To review the existing systems for water quality monitoring in Zambia and inform the development of a
comprehensive protocol that shall be utilized for regular water quality monitoring and surveillance
through GRZ structures and budgets.
Background:
The Government of the Republic of Zambia (GRZ), through the Ministry of Health (MOH), Ministry of
Water Development, Sanitation and Environmental Protection (MWDSEP) and the Ministry of Local
Government (MLG) intends to institutionalize regular water quality monitoring (WQM) and surveillance
at both the water resource and household level. In order to actualize this idea, there is need to review the
existing WQM protocols used by different stakeholders and develop a comprehensive WQM protocol1 in
line with Zambia Bureau of Standards ZABS and World Health Organization (WHO) guidelines.
In Zambia 80% of cases presenting at a clinic are preventable and are as a result of poor water quality and
sanitation components (MOH, 2014). Diarrhoea has continued to increase despite the improvement in
water quantity. Cholera, typhoid and dysentery outbreaks have become rife in the country. Zambia has
just experienced an outbreak of cholera covering Lusaka, Copper Belt, Northern and Southern Provinces
that resulted in 1,248 cases with 60 deaths during the first half of 2016. Other water-related diseases like
bilharzia and malaria are reported to be prevalent in communities across the country near water bodies
such as rivers, lakes, wetlands and reservoirs, hence the need to also understand the quality of water
resources.
The GRZ has the policy, legal and institutional frameworks addressing matters of health; water supply
and sanitation; and water resources management and development in the country. However strategies for
water quality monitoring and the vital linkage to health and other societal values at large are not well
understood and executed.
It is expected that this consultancy will produce WQM protocols that will be implemented in a unified
system for regular monitoring of water quality at the source and at consumption points in households or
in institutions such as schools or health facilities (storage / taps, etc) in order to inform decision making
processes to promote relevant approaches contributing to reduce contamination pathways.
Purpose and Objectives:
To develop a relevant WQM system that shall be routinely used by all the responsible line ministries
(MOH, MLG and MWDSEP) and other stakeholders ensuring that water quality monitoring and testing
is conducted regularly and in a sustainable manner to improve water resource quality and water supply
services
Scope of work:
Reporting to the Chief, WASH section or his designate and in close collaboration with MOH and the
other line ministries and institutions, the selected Consultant shall undertake the following:
1 A predefined written procedural method in the design and implementation of experiments.
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1. Conduct an assessment of the existing drinking and water resource quality monitoring and
management practices by the MOH, MLGH, WARMA and other responsible line ministries and
institutions who are Implementing Partners (IPs) at central and decentralized level, including through
field visits.
2. Evaluate the existing water testing equipment used by stakeholders in terms of their reliability,
accuracy, portability, robustness, number of water quality parameters it can measure, easiness to learn
and use, availability of the consumables and reagents in Zambia and the Region.
3. Harmonise the water quality monitoring formats from all stakeholders and formulate/recommend a
monitoring approach with guidelines for water quality monitoring and surveillance
4. Generate evidence to support and inform the water quality monitoring protocol and an effective water
quality data storage, sharing and dissemination – promoting relevant innovations in the process; make
recommendations to adapt the proposed practice in an incremental way, considering that the system
will be rolled-out with national resources.
5. Recommend and specify standard water quality testing kits (looking at local suppliers for
sustainability), consumables and reagents to be used; elaborating the number of water quality
parameters as per the ZABS guidelines that should be monitored and tested at different stages.
6. Design a relevant water quality monitoring protocol with clear specification of roles and
responsibilities, key actors and partners, water quality parameters to be monitored, monitoring
regime, modalities for reporting of information, training / capacity building strategy – in alignment
with the priorities defined by the Government of Zambia. Importantly,
(i) The protocol must include detailed and reliable cost estimates (investments, training,
consumables, roll-out on routine basis, etc) and define which governmental structure will pay
for what according to their respective financial planning.
(ii) The protocol should follow an incremental improvement pathway starting with a system
feasible now with the available resources and capacities; and targeting more elaborate
standards and scales through time.
7. Prepare and facilitate
(i) Inception Report presentation to confirm the existing situation on the ground; discuss the
purpose and methodology of the assignment and share the key informant questionnaire;
(ii) Exit presentation to disseminate the developed water quality monitoring protocols for
Zambia.
Tasks, Deliverables and Timeframe of this Consultancy:
The consultancy will produce the following deliverables:
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Tasks Expected Output Deliverables Timeframe
(Tentative)
Payment
Schedule
1. Inception phase
Study plan, survey
tools, timeframe and
methodology to be
used. Initial
assessment of the
existing water
resource and drinking
WQM and
management practices
and equipment in use.
Inception Report
3 weeks after
signing of the
contract
30%
2. Fieldwork: review existing water quality monitoring protocols used by MOH, WARMA, other line Ministries and IPs
Raw data from
MOH, WARMA,
Line Ministries and
IPs
Report with
preliminary
findings
5 weeks-
According to
planning
defined in
inception report 40%
3. Analyze data and finalize the draft report
Observations and
recommendations for
the WQM protocols
Draft WQM
protocols
2 weeks after
completing
fieldwork
4. Receive consolidated comments from UNICEF, WHO and other stakeholders
Water quality
monitoring protocols
in line with ZABS
and WHO guidelines
- Water Quality monitoring protocols
- Digital copies and raw data
2 weeks after
comments from
UNICEF /
WHO/other
stakeholders 30%
5. Dissemination Workshop
Presentation of the
WQM protocol to the
all stakeholders
invited by MOH
- Power Point Presentation
-
1 week after
presenting the
final WQM
protocols
documents
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Management of the assignment
Throughout the process, the Consultant will closely work in collaboration with MOH, MLG, MWDSEP
and representatives at central, provincial and district level, and ensure participation and their leadership
in the process.
Notably, all the reports will need to be reviewed and validated by a Technical Working Group (TWG)
constituted by the MOH. A dissemination workshop will be organized with key stakeholders of the
WASH and Health Sectors before achievement of the final report.
Payment Schedule
As stated in the deliverable table. The financial proposal shall be provided as a breakdown following the
guidance provided in table 1.
Table 1
SN Description Rate
Quantity
(#Days) Amount (USD)
1 Consultancy Fees
2 DSA
2.1 International travel
2.2 Local travel
2.3 Accommodation
2.4 Others
3 Operational costs
3.1 Communication, printing
3.2 Others
Total Lump Sum
Qualifications and Experience:
The Consultancy firm shall have a team with the proposed expertise requirement as described below;
a) The proposed team should include two (2) senior key member with appropriate expertise and
qualifications;
(i) Proven knowledge of the water quality monitoring systems, establishment of laboratory
management protocols and tools and strategies for strengthening of partnerships.
(ii) Experience in developing water quality \Monitoring protocols
(iii) Extensive work experience (at least 10 years) including demonstrable track record in the
health and WASH sectors in developing countries.
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(iv) Holders of advanced university degree preferably in microbiology, chemistry,
hydrogeology, public health, research methodology and related fields;
(v) Specific experience in designing and conducting field based WASH or health sector
surveys, and developing strategies or guidelines are desired;
b) Leadership: Consultant will identify the team leader for this assignment with experience in the
water quality monitoring systems and strategies for strengthening of partnerships
c) Team hierarchy: as part of the consultancy firm’s submission, provide details and responsibilities
for the different team members to be engaged under this consultancy. Include an organogram with
clear reporting lines and responsibilities.
d) Language: team members must have language proficiency in both spoken and written English.
e) Excellent analytical skills and proven ability to formulate and articulate ideas clearly in English
(writing skills are critical).
f) Experience of having conducted similar exercise for Government or UN preferably with previous
working experience at other sector policy levels.
g) References: the Consultancy firm should provide references from clients for which similar work
has been carried out in the last 2 to 10 years.
General Conditions:
Official travel within the country as required for completing tasks. Travel costs – both in country and
for visits of international team members from outside the duty station – should be specified as part of
the proposed budget and the institution should make own transport arrangements in country for all
staff involved.
No equipment or office supplies will be provided by UNICEF
No access to UNICEF transport
Policy both parties should be aware of:
Under the consultancy agreements, a month is defined as 22 working days and fees are prorated
accordingly. Consultants are not paid for weekends or public holidays.
No contract may commence unless the contract is signed by both UNICEF and the contractor.
All outputs shall be the absolute property of the Government of Republic of Zambia (GRZ) and
UNICEF.
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SECTION II - EVALUATION AND SELECTION PROCESS
A. Introduction
Each proposal shall be evaluated on how well it meets the requirements needs as described in this TOR.
UNICEF reserves the right at any time to reject any or all proposals.
B. Evaluation Stages
To analyze all proposals, UNICEF will organize a committee with expertise in evaluating consulting
services and comprising of UNICEF and Government of Zambia staff with relevant expertise. The
committee will analyze proposals in the following stages:
A. Administrative After the submittal period closes, each proposal received before the deadline is opened and examined to see if it complies with the administrative and format requirements.
B. Technical Technical proposals meeting the administrative requirements are evaluated and scored based on the criteria below. The committee identifies those proposals that meet or exceed the required minimum technical points. Point calculations reflect the averages of the combined scores of all evaluators.
C. Interviews The committee may conduct bidder interviews; bidder responses will be scored. Upon completion of the interviews, the committee may make adjustments to the scores and re-rank the top competitors. The committee may reject all bidders and proposals if none are considered in the best interest of UNICEF in Zambia.
D. Presentation
The prequalified bidders may be requested to make a presentation of their technical proposal
which will form part of the assessment criteria.
E. Scoring The criteria stated under the Weighting Factors and Criteria table below are used in the evaluation of the technical proposal. The technical proposal must attain the minimum score of 45 to pass. Those not attaining the minimum are eliminated from further competition.
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C. Weighting Factors and Criteria
Item Evaluation Criteria Points
Technical Evaluation Criteria
1.0 Overall Response (12Pts)
1.1 Understanding of UNICEF’s and MOH requirement based on RFP
documents. 4
1.2 Understanding of the Consultancy which UNICEF wants to enter based on
the documents. 4
1.3
Understanding of developmental issues within Zambia and UNICEF’s role
in supporting and coordinating with the Government and other
stakeholders.
4
2.0 Company profile and key personnel (40Pts)
2.1 Experience in developing Water Quality Monitoring Protocols 8
2.1 Experience in implementing WQM protocols in regular water quality
monitoring and surveillance 5
2.2 References (at least three with dates, titles, quantity, costs etc.) in the last
two to ten years. 4
2.3 Key personnel with relevant experience and qualification
i) Team leader 5
ii) Team members 5
iii) Personnel profiles 4
2.4 Organogram:
i) Agency 3
ii) Assignment to project 3
iii) Roles, responsibilities and reporting line 3
4.0 Standard Implementation Plan. 4 Pts
5.0 Proposed Methodology and Approach (14 pts)
i) Approach to quality control 6
ii) Approach to time management/meeting delivery dates 4
iii) Approach to status review and progress reports 4
Total Technical Scores (70 Pts)
4.0 Financial Proposal (30Pts)
4.1
Financial Proposal
(Price competitiveness to deliver quality outputs considering distances
travelled)
30
5.0 Grand Total 100Pts
Only proposals which receive a minimum of 45 points under a technical evaluation will be considered
technically compliant.
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During this review, UNICEF may request that clarifications be provided, as part of the technical
proposal.
2.3 EVALUATION OF FINANCIAL PROPOSALS
Commercial Proposal Required Financial Documentation: Bidders are required to submit certain
financial documents for fiscal 2015 and 2016, resulting from investing activities, and beginning and
ending cash balances. The commercial proposal should provide a detailed breakdown of the cost of
each activity proposed for the implementation of the technical proposal.
Note: The currency of the bid shall be in USD. The exchange rate used for evaluation of the tender is
the UN rate of exchange at the opening date of the tenders.
The contract will be a fixed lump sum contract therefore professional fees and all out of pocket
expenses will be part of total price proposal.
Commercial Proposal Evaluation:
The total amount of points allocated for the price component is [30]. The maximum number of points
will be allotted to the lowest price proposal that is opened and compared among those invited
firms/institutions which obtain the threshold points in the evaluation of the technical component. All
other price proposals will receive points in inverse proportion to the lowest price; e.g.:
Max. Score for price proposal * Price of lowest priced proposal
Score for price proposal X = -----------------------------------------------------------------------
Price of proposal X
Note: Minimum qualifying mark for technical proposals is 45. In normal circumstances, only those
offers that score minimum and above points on technical proposals will be considered for commercial
evaluation. However, UNICEF reserves the right to evaluate all commercial offers and/or shortlist
selected suppliers from among those who score minimum and above technical scores.
2.4 FINAL COMPUTING OF PROPOSAL SCORE
Total proposal scores will be consolidated as follows:
Evaluation of proposal Maximum points
Technical evaluation of proposals 70
Cost proposal 30
Total 100
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Final selection and contracts awards shall be made on the basis of the best overall scoring, which would
represent best value to UNICEF in terms of technical responsiveness, merit and price.
SECTION III – RESPONSE FORMAT
NO. DESCRIPTION
1. Structure of the technical proposal
Description of the assigment to demonstrate comprehension of Development of a
Water Quality Monitoring Protocols for Zambia
a) Bidders form duly signed b) Terms of Reference/scope of work
c) Proposed delivery schedules
2. Consultant’s team and responsibilities: a) Team Leader: Educational qualifications and professional experiences including
information on their professional affiliations and certifications, past experience in working
on similar project and assignment and roles on those projects
b) Detailed resume of the proposed team for the assignment giving information about the
following:
i. Title/Designation of each team member proposed for this project and the roles they
will play.
ii. Educational qualifications and professional experiences including information on
their professional affiliations and certifications
iii. Past experience in working on similar project and assignment and their roles on
those projects
3. Project Methodology
- Proposed approache and methodology (including indicators and tools)
- Proposed sampling strategies and sample size calculations
- Proposed Implementation Plan, (How, Who, What, Where, When?)
- Proposed data analysis plan linked with proposed methodology
- Assessment of direct/peripheral risks/problems and methods to prevent,
minimize and manage these
The methodology must show clearly all activities that the organization will adopt
to achieve the objectives
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4. Bidder’s Corporate Profile
- Submit Corporate Brochures
- Financial Statements for the two previous years if available: The Income Statement,
Balance Sheet and The Statement of Cash Flows
5. - Experience and Expertise Expertise in Development of a Water Quality Monitoring Protocols for Zambia software and data use
Established strong track records of providing such systems to Governments
.
Demonstrated experience in undertaking similar tasks in the sector, country, region
- Provision of at least 3 references from clients for whom the bidder has carried out
similar work
SECTION IV: INSTRUCTIONS TO BIDDERS
1 MARKING AND RETURNING PROPOSALS
1.1 SEALED PROPOSALS must be despatched to arrive at the UNICEF office indicated NO LATER
THAN 12:00HRS ZAMBIA LOCAL TIME on 9 June 2017. Proposals received in any manner other
than as outlined in clauses 1.3 to 1.5, will be INVALIDATED.
1.2 Proposals shall be submitted in duplicate, in English, and shall be sealed in 1 outer and 2 inner
envelopes and all envelopes shall indicate the bidder’s name and address. The outer envelope shall be
addressed as follows:
Attention: Bid Opening Unit
UNICEF, UN House, 3rd Floor
Alick Nhata Road, Longacres, Lusaka
LRPS/2017/9131836
DUE: ON 9 June 2017
1.3 The first inner envelope shall be marked Technical Proposal and addressed in the same manner
as the outer envelope, and shall contain the following documentation:
(a) The proposed methodology/strategy for completion of the work as detailed in the Terms of Reference
Section II B and any other technical information that is relevant to the requirement.
1.4 The 2nd inner envelope shall be marked Price Proposal and addressed in the same manner as the
outer envelope, and shall contain the following documentation:
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(a) Bidder registration/incorporation documents;
(b) Financial Statements for 2015 and 2016: The Income Statement, Balance Sheet and the Statement of
Cash Flows
(c) Price.
1.5 The Price Proposal must cover all the services to be provided, and must itemise the following:
(a) An all-inclusive rate per person/day (including honorarium and living expenses) for each
proposed team member to be assigned to the project in the field and a rate for his/her work at the
home office, if any;
(b) An all-inclusive amount for any travel related expenses (indicating the number of trips required
by each team member);
(c) Other costs, if any, indicating nature and breakdown;
(d) A summary of the total cost for the proposed services, excluding taxes from which UNICEF is
exempt and as outlined in clause 15 of these Instructions and in clause 5 of the General Terms
and Conditions;
(e) A proposed schedule of payments, all of which must be expressed and will be affected in the
currency of the tender USD). The proposal shall reflect the payment terms as describe under
Section I, page 7.
1.6 Information which the bidder considers to be proprietary should be clearly marked as such. All
information provided by the bidder will be treated as confidential and used for UNICEF internal purposes
only.
2 TIME FOR RECEIVING PROPOSALS
2.1 Sealed Proposals received prior to the stated closing time and date will be kept unopened. The Officer
of the Bid Opening Unit will open Proposals when the specified time has arrived and no Proposal received
thereafter will be considered.
2.2 UNICEF will accept no responsibility for the premature opening of a Proposal which is not properly
addressed or identified.
2.3 Modification by fax of sealed Proposals already submitted in a sealed envelope will be considered if
received prior to the closing time and date.
3 PUBLIC OPENING OF PROPOSALS
3.1 Due to the nature of the tender there will not be any public opening of the Tender.
4 REQUEST FOR INFORMATION
4.1 Any request for information regarding the specifications should be forwarded to the Procurement
Officer who VERIFIED the Bid.
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5 CORRECTIONS
5.1 Erasures or other corrections in the Proposal must be explained and the signature of the Bidder shown
alongside.
6 MODIFICATION AND WITHDRAWAL
6.1 All changes to a Proposal must be received prior to the closing time and date. It must be clearly
indicated that it is a modification and supersedes the earlier Proposal, or state the changes from the
original Proposal.
6.2 Proposals may be withdrawn on written or faxed request received from Bidders prior to the opening
time and date. Negligence on the part of the Bidder confers no right for the withdrawal of the Proposal
after it has been opened.
7 VALIDITY OF PROPOSALS
7.1 Proposals should be valid for a period of not less than 90 days after RFP opening, unless otherwise
specified in the Specific Terms and Conditions. Bidders are requested to indicate the validity period of
their Proposal, as UNICEF may award additional contracts against the lowest acceptable proposal if
requests for identical services are received during the Proposal validity period. UNICEF may also request
the validity period to be extended.
8 DISCOUNTS
8.1 Discounts on faster payment are acceptable to UNICEF. Time in connection with discounts offered
will be computed from the date of receipt at UNICEF office of FULLY PAYMENT DOCUMENTATION
as specified in the Contracts. Any discounts for any reason other than those mentioned on the RFP Form
must be stated on the Proposal.
9 QUALITY ASSURANCE
9.1 If the Bidder is already certified, or in the process of being ISO 9001/9002/BS certified, this should
be clearly indicated in the Proposal and a copy of the Certificate attached to the Bid.
10 RIGHTS OF UNICEF
10.1 UNICEF reserves the right to INVALIDATE any Proposal for reasons mentioned above, and, unless
otherwise specified by UNICEF or by the Bidder, to accept any item in the Proposal.
10.2 UNICEF reserves the right to INVALIDATE any Proposal received from a Bidder who, in the
opinion of UNICEF, is not in a position to perform the contract.
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11 EVALUATION OF PROPOSALS
11.1 Following closure of the RFP, proposals will be evaluated by a UNICEF evaluation team to assess
their merits. The evaluation will be restricted to the contents of the proposals, bidder profile, relevant
experience, client list, financial status and price proposal.
11.2 A 2 stage procedure will be utilised in evaluating proposals, with evaluation of the Technical
Proposal being completed prior to any evaluation of the Price Proposal. Technical Proposals will be
evaluated for compliance with the mandatory requirements of the RFP.
11.3 The Technical Proposal has a total possible value of 70 points. Technical Proposals receiving 57
points or higher, will be considered technically responsive and the Price Proposal will be opened.
Proposals which are considered non technically compliant and non-responsive, will not be given further
consideration.
11.4 The total number of points allocated for the Price Proposal is 30. The maximum number of points
will be allocated to the lowest price proposal that is opened and compared among those bidders which
obtain the threshold points in the evaluation of the Technical Proposals. All other Price Proposals shall
receive points in inverse proportion to the lowest price.
12 AWARD/ADJUDICATION OF PROPOSALS
12.1 The final selection of the most responsive proposals will be based on the best proposal overall, in
terms of technical score and price. UNICEF reserves the right to make multiple arrangements for any
goods/services where, in the opinion of UNICEF, the lowest acceptable Bidder cannot fully meet the
delivery requirements or if it is deemed to be in UNICEF’s best interest to do so. Any arrangement under
this condition will be made on the basis of the lowest, second lowest and third lowest, etc. bid which
meets all the requirements in paragraph 11.1 above.
13 ERROR IN PROPOSAL
13.1 Bidders are expected to examine all Schedules and all Instructions pertaining to the RFP. Failure to
do so will be at Bidders own risk. In case of errors in the extension price, unit price shall govern.
14 RFP TERMS AND CONDITIONS
14.1 This RFP and any responses thereto, shall be the property of UNICEF. In submitting a proposal, the
bidder acknowledges that UNICEF reserves the right to:
(a) Visit and inspect the bidder’s premises; (b) Contact any/all referees provided; (c) Request additional supporting or supplementary information; (d) Arrange interviews with the proposed project team/consultants; (e) Reject any/all of the proposals submitted; (f) Accept any proposals in whole or in part; (g) Negotiate with the most favorable bidder;
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(h) Award contracts to more than 1 bidder, as UNICEF considers to be in its best interests.
14.2 Bidders shall bear all costs associated with the preparation and submission of proposals, and
UNICEF shall not be responsible for these costs, irrespective of the outcome of the bidding process.
Annex II - UNICEF GENERAL TERMS AND CONDITIONS
1. ACKNOWLEDGMENT COPY
Signing and returning the acknowledgment copy of a contract issued by UNICEF or beginning work
under that contract shall constitute acceptance of a binding agreement between UNICEF and the
Contractor.
2. DELIVERY DATE
Delivery Date to be understood as the time the contract work is completed at the location indicated under
Delivery Terms.
3. PAYMENT TERMS
(a) UNICEF shall, unless otherwise specified in the contract, make payment within 30 days of receipt
of the Contractor's invoice which is issued only upon UNICEF's acceptance of the work specified in the
contract.
(b) Payment against the invoice referred to above will reflect any discount shown under the payment
terms provided payment is made within the period shown in the payment terms of the contract.
(c) The prices shown in the contract cannot be increased except by express written agreement by
UNICEF.
4. LIMITATION OF EXPENDITURE
No increase in the total liability to UNICEF or in the price of the work resulting from design changes,
modifications, or interpretations of the statement of work will be authorized or paid to the contractor
unless such changes have been approved by the contracting authority through an amendment to this
contract prior to incorporation in the work.
5. TAX EXEMPTION
Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia,
that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs
duties in respect of articles imported or exported for its official use. Accordingly, the Vendor authorizes
UNICEF to deduct from the Vendor's invoice any amount representing such taxes or duties charged by
the Vendor to UNICEF. Payment of such corrected invoice amount shall constitute full payment by
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UNICEF. In the event any taxing authority refuses to recognize the UN exemption from such taxes, the
Vendor shall immediately consult with UNICEF to determine a mutually acceptable procedure.
Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor's invoice any amount
representing such taxes, duties, or charges, unless the Contractor has consulted with UNICEF before the
payment thereof and UNICEF has, in each instance, specifically authorized the Contractor to pay such
taxes, duties or charges under protest. In that event, the Contractor shall provide UNICEF with written
evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
6. LEGAL STATUS.
The Contractor shall be considered as having the legal status of an independent contractor vis-a-vis
UNICEF. The Contractor's personnel and sub-contractors shall not be considered in any respect as being
the employees or agents of UNICEF.
7. CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES
The Contractor shall be responsible for the professional and technical competence of its employees and
will select, for work under this Contract, reliable individuals who will perform effectively in the
implementation of the Contract, respect the local customs and conform to a high standard of moral and
ethical conduct.
8. INDEMNIFICATION
The Contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, its
officials, agents, servants and employees, from and against all suits, claims, demands and liability of any
nature or kind, including their costs and expenses, arising out of the acts or omissions of the Contractor
or its employees or sub-contractors in the performance of this Contract. This provision shall extend, inter
alia, to claims and liability in the nature of workmen's compensation, product liability and liability arising
out of the use of patented inventions or devices, copyrighted material or other intellectual property by the
Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article
do not lapse upon termination of this Contract.
9. INSURANCE AND LIABILITIES TO THIRD PARTIES
(a) The Contractor shall provide and thereafter maintain insurance against all risks in respect of its
property and any equipment used for the execution of this Contract.
(b) The Contractor shall provide and thereafter maintain all appropriate workmen's compensation and
liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury
or damage to property arising from the execution of this Contract. The Contractor represents that the
liability insurance includes sub-contractors.
(c) The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount
to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in
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connection with the provision of work under this Contract or the operation of any vehicles, boats,
airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-
contractors performing work or services in connection with this Contract.
(d) Except for the workmen's compensation insurance, the insurance policies under this Article shall:
(i) name UNICEF as additional insured;
(iii) include a waiver of subrogation of the Contractor's rights to the insurance carrier against
UNICEF;
(iv) provide that UNICEF shall receive thirty (30) days written notice from the insurers prior
to any cancellation or change of coverage.
(v) The Contractor shall, upon request, provide UNICEF with satisfactory evidence of the
insurance required under this Article.
10. SOURCE OF INSTRUCTIONS
The Contractor shall neither seek nor accept instructions from any authority external to UNICEF in
connection with the performance of its services under this Contract. The Contractor shall refrain from
any action which may adversely affect UNICEF or the United Nations and shall fulfil its commitments
with the fullest regard to the interests of UNICEF.
11. ENCUMBRANCES/LIENS
The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be
placed on file or to remain on file in any public office or on file with UNICEF against any monies due or
to become due for any work done or materials furnished under this Contract, or by reason of any other
claim or demand against the Contractor.
12. TITLE TO EQUIPMENT
Title to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF and
any such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longer
needed by the Contractor. Such equipment when returned to UNICEF shall be in the same condition as
when delivered to the Contractor, subject to normal wear and tear.
13. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS
UNICEF shall be entitled to all intellectual property and other proprietary rights including but not limited
to patents, copyrights and trademarks, with regard to documents and other materials which bear a direct
relation to or are prepared or collected in consequence or in the course of the execution of this contract.
At UNICEF's request, the Contractor shall take all necessary steps, execute all necessary documents and
generally assist in securing such proprietary rights and transferring them to the UNICEF in compliance
with the requirements of the applicable law.
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14. CONFIDENTIAL NATURE OF DOCUMENTS
(a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates,
documents and all other data compiled by or received by the Contractor under this Contract shall be the
property of UNICEF, shall be treated as confidential and shall be delivered only to the UN authorized
officials on completion of work under this Contract.
(b) The Contractor may not communicate any time to any other person, Government or authority
external to UNICEF, any information known to it by reason of its association with UNICEF which has
not been made public except with the authorization of the UNICEF; nor shall the Contractor at any time
use such information to private advantage. These obligations do not lapse upon termination of this
Contract with UNICEF.
15. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS
(a) In the event of and as soon as possible after the occurrence of any cause constituting force majeure,
the Contractor shall give notice and full particulars in writing to UNICEF of such occurrence or change
if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its
responsibilities under this Contract. The Contractor shall also notify UNICEF of any other changes in
conditions or the occurrence of any event which interferes or threatens to interfere with its performance
of the Contract. On receipt of the notice required under this Article, UNICEF shall take such action as,
in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the
granting to the Contractor of a reasonable extension of time in which to perform its obligations under the
Contract.
(b) If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure
to perform its obligations and meet its responsibilities under this Contract, UNICEF shall have the right
to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 16,
'Termination', except that the period of notice shall be seven (7) days instead of thirty (30) days.
(c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion,
revolution, insurrection or other acts of a similar nature or force.
16. TERMINATION
If the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in the
contract, or fails to perform any of the terms, conditions, or obligations of the contract, or should the
Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the contractor make an
assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency
of the contractor, UNICEF may, without prejudice to any other right or remedy it may have under the
terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (30) days
notice to the Contractor.
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UNICEF reserves the right to terminate without cause this Contract at any time upon thirty (30) days prior
written notice to the Contractor, in which case UNICEF shall reimburse the Contractor for all reasonable
costs incurred by the Contractor prior to receipt of the notice of termination.
In the event of any termination no payment shall be due from UNICEF to the Contractor except for work
and services satisfactorily performed in conformity with the express terms of this contract.
Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shall
remain liable to UNICEF for reasonable loss or damage which may be suffered by UNICEF for reason of
the default. The Contractor shall not be liable for any loss or damage if the failure to perform the contract
arises out of force majeure.
Upon termination of the contract, UNICEF may require the contractor to deliver any finished work which
has not been delivered and accepted, prior to such termination and any materials or work-in-process
related specifically to this contract. Subject to the deduction of any claim UNICEF may have arising out
of this contract or termination, UNICEF will pay the value of all such finished work delivered and
accepted by UNICEF.
The initiation of arbitral proceedings in accordance with Article 22 'Settlement of Disputes' below shall
not be deemed a termination of this Contract.
17. SUB-CONTRACTING
In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior
written approval and clearance of UNICEF for all sub-contractors. The approval of UNICEF of a sub-
contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any
sub-contract shall be subject to and in conformity with the provisions of this Contract.
18. ASSIGNMENT AND INSOLVENCY
a. The Contractor shall not, except after obtaining the written consent of UNICEF, assign, transfer,
pledge or make other dispositions of the Contract, or any part thereof, of the Contractor's rights or
obligations under the Contract.
b. Should the Contractor become insolvent or should control of the Contractor change by virtue
of insolvency, UNICEF may, without prejudice to any other rights or remedies, terminate the Contract by
giving the Contractor written notice of termination.
19. USE OF UNITED NATIONS AND UNICEF NAME AND EMBLEM
The Contractor shall not use the name, emblem or official seal of the United Nations or UNICEF or any
abbreviation of these names for any purpose.
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20. OFFICIALS NOT TO BENEFIT
The Contractor warrants that no official of UNICEF or the United Nations has received or will be offered
by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The
Contractor agrees that breach of this provision is a breach of an essential term of the Contract.
21. PROHIBITION ON ADVERTISING
The Contractor shall not advertise or otherwise make public that the Vendor is furnishing goods or
services to UNICEF without specific permission of UNICEF.
22. SETTLEMENT OF DISPUTES
Amicable Settlement
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of,
or relating to this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek
such an amicable settlement through conciliation, the conciliation shall take place in accordance with the
UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed
between the parties.
Arbitration
Any dispute, controversy or claim between the Parties arising out of this Contract or the breach,
termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article
within sixty (60) days after receipt by one Party or the other Party's request for such amicable settlement,
shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then
obtaining. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral
tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall
be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such
arbitration as the final adjudication of any such controversy, claim or dispute.
23. PRIVILEGES AND IMMUNITIES
The privileges and immunities of the UN, including its subsidiary organs, are not waived.
24. CHILD LABOUR
UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention of potential
suppliers to Article 32 of the Convention which inter alia requires that a child shall be protected from
performing any work that is likely to be hazardous or to interfere with the child's education, or to be
harmful to the child's health or physical, mental, spiritual, moral or social development.
25. ANTI-PERSONNEL MINES
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UNICEF supports an international ban on the manufacture of anti-personnel mines. Anti-personnel mines
have killed and maimed thousands of people, of whom a large proportion are children and women. Anti-
personnel mines present a serious obstacle to the return of populations displaced from their residences by
fighting around their villages and homes. UNICEF has, therefore, decided not to purchase products from
companies that sell or manufacture anti-personnel mines or their components.
26. AUTHORITY TO MODIFY
No modification or change in this Contract, no waiver of any of its provisions or any additional contractual
relationship of any kind with the Contractor shall be valid and enforceable against UNICEF unless
provided by an amendment to this Contract signed by the authorized official of UNICEF.
27. REPLACEMENT OF PERSONNEL
UNICEF reserves the right to request the Contractor to replace the assigned personnel if they are not
performing to a level that UNICEF considers satisfactory. After written notification, the Contractor will
provide curriculum vitae of appropriate candidates within three (3) working days for UNICEF review and
approval. The Contractor must replace the unsatisfactory personnel within seven (7) working days of
UNICEF's selection.
If one or more key personnel become unavailable, for any reason, for work under the contract, the
Contractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain the
project authority's approval prior to making any substitution of key personnel. Key personnel are
designated as follows:
(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, senior
auditors) to be assigned for participation in the performance of the contract.
(b) Personnel whose resumes were submitted with the proposal; and
(c) Individuals who are designated as key personnel by agreement of the Contractor and UNICEF during
negotiations.
In notifying the project authority, the Contractor shall provide an explanation of circumstances
necessitating the proposed replacement(s) and submit justification and qualification of replacement
personnel in sufficient detail to permit evaluation of the impact on the engagement.
Acceptance of a replacement person by the project authority shall not relieve the Contractor from
responsibility for failure to meet the requirements of the contract.
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Annex III - UNICEF CONTRACTUAL PROVISIONS FOR SERVICES
THIS CONTRACT FOR [SCOPE OF WORK] is made on [DATE].
BETWEEN: UNICEF, THE UNITED NATIONS CHILDREN'S FUND ("UNICEF"), an international
inter-governmental organisation established by the General Assembly of the United Nations by resolution
No. 57(1) of 11 December 1946 as a subsidiary organ of the United Nations, having its headquarters at
UNICEF House, Three United Nations Plaza, New York, New York, 10017, U.S.A. and having an office
at Oceanvej 10-12,DK-2150 Nordhavn Copenhagen, Denmark.
AND: [COMPLETE COMPANY NAME], a corporation organised and existing under the laws of
[COUNTRY] and having its principal offices at [ADDRESS] (the "Contractor"); UNICEF and the
Contractor are hereinafter collectively referred to as the "Parties".
WHEREAS:
A. UNICEF, in accordance with its Charter and Mission Statement, works with governments, civil society
organisations and other partners in more than one hundred and sixty countries to advance children's rights
to survival, protection, development and participation, and in doing so is guided by the Convention on
the Rights of the Child.
B. UNICEF wishes to procure [SCOPE OF WORK] as described in the Contract.
C. By Request for Proposal for Services (RFPS) No. [INSERT RFPS NO.], dated [DATE], UNICEF
invited proposals for the provision of [SCOPE OF WORK]; By proposal [PROPOSAL NO.] dated
[DATE], the Contractor responded to Request for Proposal for Services No. [INSERT RFPS NO.],
representing that it is qualified, capable and willing to provide the required [SCOPE OF WORK].
[OR]
C. The Contractor, through quotation No. [INSERT QUOTATION NO.] / [LETTER/E-MAIL
addressed to UNICEF] dated [DATE], represents that it is qualified, capable and willing to provide the
required [SCOPE OF WORK].
UNICEF wishes to engage the Contractor to undertake the work, all on the terms and conditions set forth
in this Contract; and the Contractor represents that it is willing to carry out the work on the same terms
and conditions.
NOW, THEREFORE, the Parties hereto mutually agree as follows:
Contract Documents
1. This document and the offer, submitted by [COMPLETE COMPANY NAME] in the form of a letter
addressed to UNICEF dated [DATE], constitute the entire Contract (herein referred to as "the Contract"
or "this Contract") between UNICEF and the Contractor.
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The Contract documents are to be taken as complementary of one another, but in case of ambiguities,
discrepancies or inconsistencies among contractual provisions, the Contract shall be interpreted on the
basis of the following order of priority:
a) this document
b) the Request for Proposal RFPS-DAN-[INSERT RFP NO.]
c) the RFPS Proposal submitted by [CONTRACTOR]
In relation to any ambiguities, discrepancies or inconsistencies among the Scope of Work of the Contract,
the following order shall prevail:
a) this document
b) the RFPS Proposal submitted by [CONTRACTOR]
c) the Request for Proposal RFPS-DAN-[INSERT RFPS NO.]
2. The Contract represents the entire and integrated agreement of the Parties with regard to the subject
matter hereof and supersedes all prior agreements, negotiations and representations, either written or oral.
Term of Contract
3. From the Effective Date of the Contract, i.e. [DATE], the Contract shall remain in force until [DATE],
by which date the Contractor is required to have fulfilled all of its obligations unless earlier terminated in
accordance with the terms of the Contract.
Project Authority
4. UNICEF and the Contractor shall each nominate a Project Authority who shall be responsible for the
day-to-day liaison and management of the Contract.
Specifications and Deliverables
5. The Contractor shall be responsible to complete the work as described in the description of the
[SCOPE OF WORK]. The Contractor shall perform its obligations under this Contract with due
diligence and efficiency and in conformity with sound professional practices.
6. Delivery Date
Delivery Date is to be understood as the time each work assignment is completed at the location indicated
for delivery.
Price
7. The total price for the work will be in accordance with the proposal as evidenced by the UNICEF
Project Authority (the "Price").
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8. The Contractor shall not perform any work or services or provide equipment, products, materials or
supplies which may result in the Price being exceeded without a prior written amendment of the Contract.
Inspection and Acceptance
9. UNICEF shall have a reasonable time after completion of the work to inspect performance of the work
and to reject and refuse acceptance of services not conforming to the Contract. Payment for services
pursuant to the Contract shall not be deemed an acceptance of the services.
Payment Terms
10. UNICEF shall, on fulfillment of the delivery terms, make payment within 30 days of receipt of
Contractor's invoice for the services.
[OR]
10. Payment against the Contractor's invoice will reflect a discount of [PERCENTAGE] provided
payment is made within [NUMBER OF DAYS] from the date of receipt of the Contractor's invoice by
UNICEF or acceptance of the services by UNICEF, whichever is later.
11. UNICEF shall promptly notify the Contractor of any dispute of discrepancy in the content or form of
the invoice. The value of such disputed items as per the Contract shall be deducted from the invoice(s)
in which they appear and the balance will be processed for payment. UNICEF and the Contractor shall
consult in good faith to promptly resolve any dispute with respect to any invoice or portion thereof.
Contractor's Personnel
12. The Contractor shall be fully responsible for all work performed by its employees, agents, servants
and sub-Contractor under the Contract and shall only select individuals who are professionally and
technically competent to perform the work, with appropriate training as may be required. The Contractor
shall take all reasonable measures to ensure that all personnel conform to the highest standards of moral
and ethical conduct and that they respect local customs which are not otherwise inconsistent with the
Contractor's responsibilities under the Contract.
13. [INSERT AS APPLICABLE: The Contractor shall not assign any person to perform any managerial
or supervisory function under this Contract unless UNICEF has given its prior written approval to the
selection of such person]. The Contractor shall ensure that all personnel engaged to perform work under
this Contract are medically fit to perform the work and adequately covered by insurance for any work
related illness, injury, disability or death. [INSERT AS APPLICABLE: The Contractor shall submit
proof of such insurance satisfactory to UNICEF before commencing any work under this Contract].
14. UNICEF shall not be liable for any action, omission, negligence or misconduct of the Contractor's
employees, officers, agents, servants and sub-Contractor, nor for any insurance coverage which may be
necessary or desirable for the purpose of this Contract, nor for any costs, expenses or claims associated
with any illness, injury, disability or death of such personnel performing work under this Contract.
Late Delivery
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15. Without limiting any other rights or obligations of the parties hereunder, if the Contractor will be
unable to deliver the services by the delivery date stipulated in the Contract, the Contractor shall (i)
immediately consult with UNICEF to determine the most expeditious means for delivering the services
and (ii) take necessary action to expedite completion of service, at the Contractor's cost, if reasonably so
requested by UNICEF.
16. No grant of time to the Contractor to cure a default hereunder, nor any delay or failure by UNICEF
to exercise any other right or remedy available to the United Nations under this Contract, shall be deemed
to prejudice any rights or remedies available to UNICEF under this Contract or constitute a waiver thereof.
Rights of UNICEF - Liquidated Damages
17. In case of failure by the Contractor to perform under the terms and conditions of this Contract,
UNICEF may, after giving the Contractor reasonable notice to perform and without prejudice to any other
rights or remedies, exercise one or more of the following rights:
a) Procure all or part of the services from other sources, in which event UNICEF may hold the Contractor
responsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate its
damages in good faith.
b) Refuse to accept delivery of all or part of the service
c) Terminate the Contract without any liability for termination charges or any other liability of any kind
to UNICEF
d) For late delivery of services or for services which do not meet UNICEF terms of reference/statement
of work and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and deduct
0.5% of the value of the services pursuant to an invoice per additional day of delay, up to a maximum of
10% of the value of the invoice. The payment or deduction of such liquidated damages shall not relieve
the Contractor from any of its obligations or liabilities pursuant to the Contract.
General Provisions
18. Any notice, request or consent required or permitted to be given or made pursuant to this Contract
will be in writing, and addressed and sent by registered mail or confirmed facsimile transmission as
follows:
If to UNICEF:
UNICEF Zambia office, 3rd Floor U.N House
Alick Nkhata road, Longacres, Lusaka Zambia
Attention: [UNICEF CONTACT NAME]
Telephone: (+45) 45 33 55 00
Fax: (+45) 35 26 94 21
E-mail: [INSERT E-MAIL ADDRESS]
If to the Contractor:
[COMPLETE COMPANY NAME]
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[ADDRESS]
Attention: [CONTACT NAME]
Telephone: [INSERT DETAILS]
Fax: [INSERT DETAILS]
E-mail: [INSERT DETAILS]
19. Notices will be deemed to be effective as follows: in the case of registered mail, seven (07) days after
posting; in the case of facsimiles, twenty four (24) hours following confirmed transmission.
20. Nothing contained in the Contract shall be construed as establishing a relation of master and servant
or of principal and agent between the Parties or any of them.
21. The Contract may be altered, modified or amended only by written instrument duly executed by all
Parties.
Effective Date
22. This Contract shall become effective as of [DATE] when both Parties have signed the Contract.
Unethical Behaviour
23. UNICEF strictly enforces a policy of zero tolerance concerning unethical, unprofessional or
fraudulent acts of UNICEF Contractor. Accordingly, any registered company that is found to have
undertaken unethical, unprofessional or fraudulent activities will be suspended or forbidden from
continuing business relations with UNICEF.
Corrupt and Fraudulent Practices
24. UNICEF requires that all Contractor associated with this Contract observe the highest standard of
ethics during procurement and execution of the work. In pursuance of this policy UNICEF
(a) Defines for the purpose of this provision the terms set forth as follows:
(i) Corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence
the action of a public official in the procurement process or in the execution of a Contract, and
(ii) Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or
the execution of a Contract to the detriment of the client, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and
to deprive the client of the benefits of free and open competition;
(b) Will reject a proposal for award if it determines that the selected Contractor has engaged in any corrupt
or fraudulent practices in competing for the Contract in question;
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(c) Will declare a Contractor ineligible, either indefinitely or for a stated period of time, to be awarded a
UNICEF-financed Contract if at any time it determines that it has engaged in any corrupt or fraudulent
practices in competing for, or in executing a UNICEF-financed Contract.
Guidelines on Gifts and Hospitality
25. Contractor shall not offer gifts or hospitality to UNICEF staff members. Recreational trips to sporting
or cultural events, theme parks or offers of holidays, transportation, or invitations to extravagant lunches
or dinners are also prohibited.
Disclosure of Sanctions or Temporary Suspension
26. The Contractor should not be suspended, debarred, or otherwise identified as ineligible by any
organization within the World Bank Group or any other International or UN Organization. The Contractor
is therefore required to disclose to UNICEF whether its company, or any of its affiliates, is subject to any
sanction or temporary suspension imposed by the World Bank Group or any other International or UN
Organisation at the time of execution of this Contract and throughout the duration of the Contract period.
The Contractor recognises that a breach of this provision will entitle UNICEF to terminate its supply
Contract with the Contractor.