invitation tobid3 nexus 5000 maintenance 2 each 4 fex maintenance 28 each 5 asr 9001 maintenance 2...

I/:.\ CTBTO Ipreparatory commissionfor the~ comprehensive nuclear-test-banPREPARATORY COMMISSION treaty orgarnzatton

INVITATION TO BID

THIS IS NOT AN ORDER

To: ALL BIDDERS CTBTORef. No.: 2020-0036/Jibril(PLEASE QUOTE ON ALL COMMUNICATIONS)

Attn·t. Phone:Fax:Email:

Tel.No.:Fax No.:E-mail:

+43 (1) 26030-6350+43 (1) 26030 [email protected]

Date: 13 Mar 20

Title pfRequest: Provision of CISCO SmartNet Hardware Maintenance 2020-2021 as perattached Terms of Reference.

Deadline for Submission: 20 Apr 20 Vienna Local Time: 17:00

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (hereinafter referred to asthe 'Commission') hereby invites you to bid the following items as per conditions listed below.

nem, Description and Requirements Quantity UlM1 Catalyst 4506 maintenance 4 each

2 Catalyst 4507 maintenance 1 each

3 Nexus 5000 maintenance 2 each

4 FEX maintenance 28 each

5 ASR 9001 maintenance 2 each

6 Cisco 3945 maintenance 4 each

7 Catalyst 2960S maintenance 1 each

8 Catalyst 3850X-12S maintenance 1 each

9 ASA 5545 maintenance 2 each

10 SNS 3515 + ISE maintenance 2 each

11 WLC 5520 maintenance 2 each

12 Prime maintenance each

13 Aironet 2601 maintenance each

14 UCSC-C220-M4S maintenance each

15 UCSC-C220-M5SX maintenance 4 each

16 Catalyst 3650-48 maintenance 4 each

17 Catalyst 3650-24 maintenance 4 each

18 ISR 4451 maintenance 2 each

19 Catalyst 4510 maintenance 2 each

When preparing your bid, please follow the attached instructions. You are kindly requested to complete and return the

~ (IBIO Ipreparatory commissionfor the~ comprehensive nuclear-test-banPREPARATORY COMMISSION treaty organization

ackn wledgement form by fax or e-mail as soon as possible. If you have any questions you should contact the e-mailaddr ss indicated above. We look forward to receiving your bid.

~Cou ney Li eyChie Procurement Section

I::\ CTBTO Ipreparatory commissionfor the~ cornpreherisivenuclear-test-banPREPARATORY COMMISSION treaty orgaruzation

ACKNOWLEDGEMENT FORM

Closing Date:Solicitation No: 2020-0036 20 Apr 2017:00Title: Provision of CISCO SmartNet Hardware Maintenance 2020-2021 as Vienna Local Time:

peri attached Terms of Reference.

Procurement Staff: Othman Jibril CTBTO Req. No.: 0010015682

Please complete 'A' or 'B' or 'C'and Return

WITHIN FIVE (5) DA YS

THE PREPARATORY COMMISSION FOR THECOMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (CTBTO)

by emai/ [email protected]

A: We shall submit our bidCompanyName: __

By: Contact Name: _

(date)EmaillTel:

B: We may submit and will adviseCompanyName: __

By: Contact Name: _

(date)EmaillTel:

C: We will not submit a bid for the following reason(s)

-our current workload does not permit us to take on additional work at this time;

we do not have the required expertise for this specific project;

insufficient time to prepare a proper submission;other (please specify) _- CompanyName: __

Contact Name: _

EmaillTel: _

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INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF BIDS

1. General

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (the

Commission) with its headquarters in Vienna is the International Organization mandated to

establish the global verification system foreseen under the Comprehensive Nuclear-Test-Ban

Treaty (CTBT), which is the Treaty banning any nuclear weapon test explosion or any other

nuclear explosions. The Treaty provides for a global verification regime, including a network of

321 stations worldwide, a communication system, an International Data Centre and on-site

inspections to monitor compliance with the Treaty.

This Invitation to Bid (ITB) is for the provision of goods/services/works as described in the

attached Technical Requirement/Terms of Reference.

The Bid shall meet all requirements stated in these Instructions and the Technical Specifications.

In case of an award, the following documents shall govern the Contract and in case of

discrepancies or inconsistencies, the documents to prevail shall be given precedence in the

following order:

(a) The Contract;

(b) The Commission’s General Conditions of Contract (Annex A to the Contract);

(c) Terms of Reference (Annex B);

(d) The Bidder’s Offer (Bid) (Annex C).

2. Documents included in this Invitation to Bid (ITB)

This ITB consists of the following documents:

(a) Letter of Invitation

(b) These Instructions for Preparation and Submission of Bids and its Attachments:

Attachment 1 (Price Schedule Form) and Attachment 2 (Technical Evaluation Criteria)

(c) The Commission's Model Contract and its Annexes:

- The Commission’s General Conditions of Contract (Annex A)

- The Commission’s Terms of Reference (Annex B)

(d) Vendor Profile Form

(e) List of CTBT Member States

(f) Statement of Confirmation

(g) Confidentiality Undertaking

3. Amendment of the ITB Documents

At any time prior to the closing date for submission of Bid, the Commission may, for any

reason, modify the ITB documents by amendment. The Commission may consider extending

the deadline in order to allow adequate time for considering the modifications in the

preparation of the Bid.

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4. Language of the Bid

The Bid and all correspondence and documents relating to it shall be in English.

5. Format and Submission of the Bid.

The Bid shall be typed, dated and signed by an official legally authorized to enter into contracts

on behalf of your organization. The Bid shall not contain any interlineation, erasures or

overwriting except as necessary to correct errors, in which case such corrections shall be

initialled by the authorized person(s) signing the Bid.

The Bid shall be submitted in two sealed envelopes.

a) One sealed envelope shall contain 1 (one) original of the Financial Section of the Bid

clearly marked as “Original Financial Bid”.

b) The second sealed envelope shall contain 1 (one) original of the Technical Section of the

Bid marked as “Original Technical Bid”

c) The second envelope shall also contain a memory stick with:

1(one) pdf of the Financial Section of the Bid without prices, and

1(one) pdf of the Technical Section of the Bid

No pricing/financial information shall be included in the Technical Section of the Bid. Note

however that the list of items (without the prices) shall be included in the Technical Section of

the Bid.

The envelope shall be clearly marked as follows:

NAME OF PROJECT: [Description indicated in Letter of Invitation]

CLOSING DATE: [Date indicated in Letter of Invitation]

CTBTO REF. NO.: [Number indicated in the Letter of Invitation]

"DO NOT OPEN BEFORE THE CLOSING DATE"

6. Mailing Address and Closing Date

(a) The Bid shall be sent to the following addressee:

Chief, Procurement Section

Office E0918

CTBTO, Vienna International Centre

Wagramer Strasse 5

A-1400 Vienna

AUSTRIA

(b) The Bid shall be received by the above-mentioned addressee not later than the closing

date indicated in the Letter of Invitation.

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Bids sent by e-mail - even if they are submitted before the Closing Date as an “Electronic Advance Copy” for the subsequent submission of the same Bid as a hard copy - will not be considered and may lead to the rejection of the bidder from the procurement process

7. Request for Clarifications and Contacting the Commission

The Commission will issue clarifications, if required. Bidders are requested to e-mail any

questions pertaining to this ITB as soon as possible after receipt of the solicitation documents,

but in any case no later than 10 business days prior to the Closing Date. No requests for

clarifications will be entertained after this time. Questions will only be accepted via e-mail

and should be sent to:

E-mail: [email protected]

Subject: Request for Clarifications re ITB No. 2020-0036/Jibril

The Commission will make all reasonable efforts to issue the clarifications not later than 7

business days prior to the Closing Date.

Except in the case of responding to an ITB clarification, no bidder shall contact the

Commission on any matter relating to the Bid after its submission and until the award of the

Contract. Any attempt to influence the Commission in its evaluation of the Bid or the award

decision may result in rejection of the Bid.

8. Eligible Goods and Services

The goods and services (if any) to be rendered under the Contract shall have their origin in the

States Signatories of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), the list of which

is attached to this ITB. For purposes of this paragraph, "the origin" means the place from

where the materials, goods and/or from which the services are supplied.

9. Type of Contract and Payment

The Commission intends to conclude a firm fixed price based on the Commission’s Contract.

The terms and conditions of payment are as follows:

Within 30 days of receipt and acceptance of the goods/services and of the following

documents:

(1) Invoice(s) showing price of equipment/goods. The Contractor shall submit an invoice in

1 (one) original and 2 (two) copies or electronically, from the Contractor’s official e-mail

address in PDF format, duly signed and stamped by the Contractor and submitted to the

Commission’s email addressed specified in the Contract. Each invoice shall contain the

Contract number (CTBTO and SAP numbers), detailed banking instructions, including

the name and address of the Contractor’s bank, account number, account holder’s name

and SWIFT, IBAN and/or ABA codes for payment by electronic transfer. and actual

pre-paid transportation & insurance cost (if applicable);

(2) Any other relevant documents.

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Applicable Taxes payable by the Supplier and/or its subcontractor(s) shall be invoiced separately

or be separately identified on the invoice. Actual payment of the Taxes must primarily be

supported by original documentation such as invoices, bank account statements, transfer orders,

or receipts issued by the local tax or customs authorities. If submission of such original

documentation is not possible for justifiable reasons, their copies could be accepted by the

Commission provided that they are duly signed and certified by local tax or customs authorities.

In case the currency in which the taxes are levied is not the currency of the Contract, bank

statements (or equivalent) showing the exchange rate used for the conversion shall be submitted

to the Commission, in addition to any other supporting documentation.

“Taxes” means all direct and indirect taxes (including value added tax, general sales tax or goods

and services tax), assessments, fees, customs duties, liens and charges in as much as they are

levied in conclusion or implementation of the Contract, including customs restrictions and

charges of similar nature in respect of articles imported or exported for the Commission’s official

use.

10. Content of the Bid

The Bid shall contain, but not necessarily be limited to, the information described below.

The Bid shall be composed of the following separate parts:

I. Technical Bid; and

II. Financial Bid;

providing, but not limited to, the following information:

PART I: TECHNICAL BID

Please state the reference number and the date of this ITB in the Bid and any correspondence

relating to it.

1. Personnel

The Bid shall state the contact details and address (name, telephone and fax numbers, and e-

mail address) of the person/point of contact in your company dealing with this ITB.

2. Documents Establishing the Eligibility and Qualifications of the Bidder (i) The Bidder shall furnish documentary evidence of its status as an eligible and

qualified vendor. In order to award a contract to a Bidder, its qualifications must be

documented to the Commission’s satisfaction. These include, but are not limited to

the following:

(a) That, in the case of a Bidder offering to supply goods under the Contract which

the Bidder did not manufacture or otherwise produce, the Bidder has been duly

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authorized by the goods’ manufacturer or producer to supply the goods in the

country of final destination;

(b) That the Bidder has the financial, technical, and production capability necessary

to perform the Contract.

(ii) Expertise of the Firm/Organization: This section shall provide details regarding the

experience of the organization and a list of the projects/contracts (both completed and

on-going, both domestic and international) which are related or similar in nature to

the requirements of the ITB.

(iii) Management Structure and Key Personnel: This section shall provide information

about the management structure and include the comprehensive curriculum vitae

(CVs) of key personnel that will be assigned to support the implementation of the

technical bid, clearly defining their roles and responsibilities. Curriculum Vitae (CVs)

should establish competence and demonstrate qualifications in areas relevant to the

requirements of this ITB.

(iv) In complying with this section, the Bidder assures and confirms to the Commission

that the personnel being nominated are available to fulfil the demands of the Contract

during its stated full term.

3. Statement of Confirmation

The attached Statement of Confirmation shall be duly signed and submitted together with

the Bid.

4. Specifications

The Bid shall include a detailed description of the items proposed and include relevant

technical literature.

The Bid shall also provide any other relevant issue which the bidder would like to bring to

the attention of the Commission whether or not having cost implications. This shall

include details of warranties/manufacturer’s guaranties in respect to any Equipment item.

5. Manufacturer’s Part Number

The Bid shall include the Manufacturer’s Part Number for each Good required by the

Commission under this ITB.

6. Sub-Contractors

The Bid shall include names, legal status, address and qualifications of subcontractor(s),

if any, involved in the Project and the scope of the subcontracted services. The bidder

shall provide a statement that its organization shall be fully responsible for the

performance of sub-contractors. All sub-contractors shall be legally established in one of

the CTBT states signatories.

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7. Delivery Schedule

Delivery time shall be indicated in weeks after receipt of an order and shall be firm during

the validity of the Bid.

8. Model Contract

A statement that the bidder has carefully reviewed the Commission’s Model Contract, the

Commission’s General Conditions of Contract, and agreed to all terms and conditions. As

applicable, these will form part of Contract for this procurement.

PART II: FINANCIAL BID

i. The Bid shall include the costs of the services.

ii. The Bidder is required to prepare the Price Schedule using the Price Schedule Form attached

to these Instructions for Preparation and Submission of Bids.

iii. In presenting the cost for each item, adequate justification and calculation must be included in the

cost. All individual costs shall be stated in EURO or US Dollars and be computed to constitute

the total Contract Price.

iv. In principle the Commission is exempt from taxes. Since the arrangement under which such

exemption is respected varies from country-to-country, the selected bidder will be informed by

the Commission whether tax exemption will occur at source or whether taxes paid by the

selected bidder will be reimbursed by the Commission upon submission of the original

supporting documentation.

(1) For Austrian companies

The price quoted shall be net of Taxes. All applicable Taxes payable by the selected

bidder at the conclusion or implementation of the Contract in respect of the

goods/services shall be quoted separately or be separately identified on the Bid

together with information on the nature of the tax and its method of calculation.

(2) For European Union (EU) Companies



goods/services shall be quoted separately or separately identified on the Bid together

with information on the nature of the Tax and its method of calculation. Due to the

VAT exemption applicable to the Commission, no VAT will be charged to the

Commission by the EEC Suppliers under the Contract (Ref. EU VAT Council

Directive 2006/112/EC, Article 151).

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(3) For Non-EU Companies



goods/services shall be quoted separately or be separately identified on the Bid

together with information on the nature of the tax and its method of calculation. For

deliveries to Vienna, Austria, and due to the tax exemption at source, applicable to the

Commission, no Taxes shall be charged to the Commission under the Contract.

v. Note that clear and detailed explanations would enable us to evaluate the Bid promptly and

proceed with fewer requests for clarifications/justifications in a later stage. This is also a factor

influencing the decision for Contract award.

9. Completeness and Correctness of the Bid

The Commission reserves the right to verify all information furnished in the Bid through a source

of its choice. Any inaccurate information so given may lead to the rejection of the Bid.

10. Evaluation of the Bid

(a) The technical evaluation shall include the following evaluation criteria:

(i) compliance of the items with the technical specifications under the Terms of

Reference and compliance of the proposals with the Technical Evaluation

Criteria (see Attachment 2);

(ii) contractor’s qualifications;

(iii) delivery schedule.

(b) Subject to the conformance of the Technical Bid to the technical specifications, the

Financial Bid shall be evaluated as follows:

(i) contractual compliance;

(ii) commercial acceptability.

(c) The Commission, based on the evaluation method given above, will determine the Bid

which is the “least costly technically acceptable Bid”.

(d) To assist in the examination, evaluation and comparison of bids, the Commission may, at its discretion, request any Bidder to clarify its Bid. The Commission’s request for clarification and the Bidder’s response shall be in writing.

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13. Correction of Errors

The Commission will check the Bid for any arithmetic errors. If there is a discrepancy

between the unit price and the total price that is obtained by multiplying the unit price and

quantity, the unit price shall prevail and the total price shall be corrected.

14. Validity of the Bid

The Bid shall be valid for 90 (ninety) days after the deadline for its submission to the

Commission, unless an extension of validity has been requested by the Commission.

15. Negotiations of the Bid

The Commission reserves the right to request clarifications on the Bid and to enter into

negotiations regarding technical or commercial aspects of the Bid before awarding the Contract

under this ITB. If and when the Bid, including any amendment resulting from such negotiations,

is fully agreed, the Commission will notify the bidder in writing.

16. Modification and Withdrawal of Bid

Bidders may modify or withdraw their Bids after its submission, provided that written notice of

the modification or withdrawal is received by the Commission by the closing date for the

submission of the Bid. The Bid may not be modified subsequent to the closing date.

17. The Commission’s Right to Reject the Bid

The Commission reserves the right to accept or reject the Bid or to annul this procurement

process at any time prior to award without having to inform the affected party of the grounds

therefore, without thereby incurring any liability to the affected party.

18. Right to Vary Requirements at the Time of Award

At the time of award of Contract, the Commission reserves the right to vary the quantity of

the items (goods and/or services), by up to a maximum of twenty-five per cent (25%) of the

total offer, without any change in the unit price or other terms and conditions.

19. Costs of preparation and submission of the Bid

Bidders shall bear all the costs associated with the preparation and submission of Bid and the

Commission will not be responsible or liable for those costs, regardless of the outcome of this

ITB.

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20. Proprietary Information

All documentation and information contained in this ITB are proprietary to the Commission

and shall not be duplicated, used or disclosed –in whole or in part- for any purpose other than

to evaluate them and respond to the Commission’s ITB or otherwise without prior written

agreement of the Commission.

21. Use of former Preparatory Commission for the CTBTO (“Commission”) employees in

the preparation of Bids

A Bidder must not, in the absence of prior written approval from the Commission, permit a

person to contribute to, or participate in, any process relating to the preparation of a Bid or

the procurement process if the person:

a. At any time during the 12 months immediately preceding the date of issue of the Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. At any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.

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BIDDER’S STATEMENT

PLEASE FILL THIS FORM & SUBMIT WITH THE BID

Delivery Time:

Shipping weight (kg) and Volume (m3) – if applicable:

List of recommended consumables and spares including prices and details on local availability, if

applicable (please tick):

For one year period For a period of ………………………….

Warranty period applicable (it shall be for a minimum of 24 months, starting from the acceptance of

the goods/services by the Commission) – please tick below:

For a two year period For a period of ………………………….

Availability of local service in Vienna, Austria (if any):

State country of origin or assembly of all items quoted:

Quantity discount and early payment discount (if any):

Include documentary evidence of qualifications to perform the order, which shall establish to the

Commission’s satisfaction that the bidder has the financial, technical and production capability

necessary to perform the order in its entirety and to provide spare parts and other necessary on-going

services as required.

Included in this Bid : Yes No

Confirmation that the bidder has reviewed the Commission’s Model Contract, the

Commission’s General Conditions of Contract, and agreed to all terms and conditions.

Yes No

Remarks:

With regards to the software provided with the equipment, state and confirm whether the software

licenses are transferable to third parties, i.e. the Commission or the Commission’s State Signatories

(Member States).

Yes No Not applicable

Remarks:

Attachment 1

Price Schedule Form

Item/Device Hardware Description Serial Number Location Quantity Unit Price Total Price Quantity Unit Price Total Price Quantity Unit Price Total Price

Catalyst 4506 WS-C4506-E FXS1849Q4FN VIC

Catalyst 4506 WS-C4506-E FXS1849Q2R0 VIC

Catalyst 4506 WS-C4506-E FXS2041Q00T VIC

Catalyst 4506 WS-C4506-E FXS2044Q2A4 VIC

Catalyst 4507 WS-C4507-E FXS2050Q1H9 VIC

Nexus 5000 N5K-C56128P FOC1948R1DF VIC

NXA-PAC-1100W-B ART193720R1 VIC

NXA-PAC-1100W-B ART193720RR VIC

N2200-PAC-400W LIT200211S3 VIC

Nexus 5000 N5K-C56128P FOC195232GK VIC

NXA-PAC-1100W-B ART193720QV VIC

NXA-PAC-1100W-B ART193720RT VIC

N2200-PAC-400W LIT200211SK VIC

FEX N2K-C2348TQ-10GE FOC1903R1BG VIC

FEX N2K-C2348TQ-10GE FOC2004R06Z VIC

FEX N2K-C2348TQ-10GE FOC2032R0RA VIC

FEX N2K-C2348TQ-10GE FOC2022R0LG VIC

FEX N2K-C2348TQ-10GE FOC2023R1KF VIC

FEX N2K-C2348TQ-10GE FOC1952R0M3 VIC

FEX N2K-C2348TQ-10GE FOC2004R07A VIC

FEX N2K-C2348TQ-10GE FOC2004R04N VIC

FEX N2K-C2348TQ-10GE FOC2023R14T VIC

FEX N2K-C2348TQ-10GE FOC2018R054 VIC

FEX N2K-C2348TQ-10GE FOC2151R1R8 VIC

FEX N2K-C2348TQ-10GE FOC2151R1RY VIC


FEX N2K-C2348TQ-10GE FOC2151R0LB VIC

FEX N2K-C2348TQ-10GE FOC2136R1L2 VIC


FEX N2K-C2348TQ-10GE FOC2139R0U5 VIC


FEX N2K-C2348TQ-10GE FOC2352R1DL VIC

FEX N2K-C2348TQ-10GE FOC2352R1EA VIC

FEX N2K-C2348TQ-10GE FOC2352R1DP VIC

Initial Contract period 12 months

(1 Nov 2020-31 Oct 2021).

First Optional Extension

( 1 Nov 2021-31 Oct 2022).

Second Optional Extension

(1 Nov 2022-31 Oct 2023).TOR

Page 1 of 3

Attachment 1

Price Schedule Form

Item/Device Hardware Description Serial Number Location Quantity Unit Price Total Price Quantity Unit Price Total Price Quantity Unit Price Total Price

FEX N2K-C2348TQ-10GE FOC2352R14E VIC

FEX N2K-C2348TQ-10GE FOC2352R1DU VIC

FEX N2K-C2348TQ-10GE FOC2352R1EN VIC

FEX N2K-C2348TQ-10GE FOC2352R1DV VIC

FEX N2K-C2348TQ-10GE FOC2352R1DN VIC

FEX N2K-C2348TQ-10GE FOC2352R1DH VIC

FEX N2K-C2348TQ-10GE FOC2352R1HB VIC

ASR 9001 ASR-9001-S FOC1817N220 VIC

A9K-MPA-20X1GE FOC1818NESX VIC

ASR 9001 ASR-9001-S FOC1812N57M VIC

A9K-MPA-20X1GE FOC1820N2RQ VIC

Cisco 3945 CISCO3945/K9 FCZ2026B0RW VIC

Cisco 3945 CISCO3945/K9 FCZ2026B0RZ VIC

Cisco 3945 CISCO3945/K9 FCZ202640MC VIC

Cisco 3945 CISCO3945/K9 FCZ202640MF VIC

Catalyst 2960S WS-C2960S-24TS-L FOC1631W4X1 VIC

Catalyst 3850X-12S WS-C3850X-12S-S FOC2114X0QD VIC

ASA 5545 CISCO ASA5545 FTX2116W0VZ VIC

ASA 5545 CISCO ASA5545 FTX2116W0VX VIC

SNS 3515 + ISE SNS-3515+ISE-BSE-2500 FCH2226VBSM VIC

SNS 3515 + ISE SNS-3515+ISE-BSE-2500 FCH2226VBK5 VIC

WLC 5520 WLC 5520 FCH2118V0ZF VIC

WLC 5520 WLC 5520 FCH2133V28V VIC

Prime Prime FCH2127V1CD VIC

Aironet 2601 AIR-SAP2602I-E-K9 FCZ180480Y0 VIC

UCSC-C220-M4S UCSC-C220-M4S FCH2108V0JS VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223712PH VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223900A9 VIC

TOR


(1 Nov 2020-31 Oct 2021).


( 1 Nov 2021-31 Oct 2022).


(1 Nov 2022-31 Oct 2023).

Page 2 of 3

Attachment 1

Price Schedule Form

UCSC-C220-M5SX UCSC-C220-M5SX WZP223712MP VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223712LR VIC

Item/Device

CISCO Hardware

Description Serial Number Location Quantity Unit Price Total Price Quantity Unit Price Total Price Quantity Unit Price Total Price

Catalyst 3650-48 WS-C3650-12X48UR FDO2308V048 VIC

Catalyst 3650-48 WS-C3650-12X48UR FDO2308R00Z VIC


Catalyst 3650-48 WS-C3650-12X48UR FDO2308V00Q VIC

Catalyst 3650-24 WS-C3650-8X24UQ FDO2318V092 VIC

Catalyst 3650-24 WS-C3650-8X24UQ FDO2318R06T VIC

Catalyst 3650-24 WS-C3650-8X24UQ FDO2318R070 VIC


ISR 4451 ISR4451-X/K9 FCZ2344M043 VIC

ISR 4451 ISR4451-X/K9 FCZ2344M045 Seibersdorf

Catalyst 4510 WS-C4510R+E FXS2314Q3RX Seibersdorf

Catalyst 4510 WS-C4510R+E FXS2314Q3RP Seibersdorf

Firm One (1) Person-day 1 1 1

Optional Five (5) person-days 5 5 5

NOTE:

Reference to Clause 4 (b)(i) of the Model Contract

- The catalogue price list of the manufacturer shall be included in the Proposal for optional Services as specified in Section B, sub-section (d) (1) of Annex B and clause 4 (b) of the Model Contract

- Bidders shall submit a financial proposal by using this format that is based on a 12-month services coverage.

Unit price for on-site support services should cover all expenses, per diem and travel costs.

TOR


(1 Nov 2020-31 Oct 2021).


( 1 Nov 2021-31 Oct 2022).


(1 Nov 2022-31 Oct 2023).

On-site Support Services

Page 3 of 3

Technical Evaluation Criteria March 2020 Page 1 of 1

ATTACHMENT 2

TECHNICAL EVALUATION CRITERIA

CISCO SMARTNET HARDWARE MAINTENANCE 2020-2021

A proposal will be technically acceptable if it meets the requirements under the Terms of Reference (ToR). Bidder shall:

(1) offer CISCO SmartNet on-site 8x5x4 hardware maintenance (CISCO SmartNet Total Care) for all items specified in section B, chapter (c) of the ToR (Scope of the Maintenance Services);

(2) offer CISCO SmartNet hardware maintenance for all items for full year initially, starting from 1 November 2020 through 31 October 2021 as per section D of the ToR.

(3) offer firm (one person-day) and the optional on-site support services (five person-days) as per section C of the ToR.

(4) Evidence for a CISCO Gold Partner status is provided as per section E of the ToR.

MODEL CONTRACT SAP No. xxxxxxxxxxx

between

THE PREPARATORY COMMISSION

FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY

ORGANIZATION

(THE COMMISSION)

and

(THE CONTRACTOR)

for

the provision of services pertaining to the

CISCO SmartNet Hardware Maintenance 2020-2021

This Contract comprises this cover page, a table of contents, 111 (eleven) pages of text, a signatories page, and 3 (three) Annexes (A to C)

March 2020

Model Contract” CISCO SmartNet Hardware Maintenance 2020-2021”

1

TABLE OF CONTENTS

1. DEFINITIONS ............................................................................................................................................... 2

2. AIM OF THE CONTRACT ......................................................................................................................... 3

3. ENTRY INTO FORCE AND DURATION OF THE CONTRACT ......................................................... 3

4. COMMENCEMENT AND COMPLETION OF THE WORK ................................................................. 3

5. STANDARD OF WORK............................................................................................................................... 3

6. RESPONSIBILITIES OF THE CONTRACTOR ...................................................................................... 5

7. WARRANTY ................................................................................................................................................. 5

8. PERMITS, NOTICES, LAWS AND ORDINANCES ................................................................................ 5

9. PROTECTION OF PERSONS AND PROPERTY .................................................................................... 5

10. RESPONSIBILITIES OF THE COMMISSION ........................................................................................ 7

11. CONTRACT PRICE ..................................................................................................................................... 7

12. PAYMENT ..................................................................................................................................................... 8

13. TEMPORARY SUSPENSION OF WORK ................................................................................................. 9

14. DELAYS AND EXTENSION OF TIME ..................................................................................................... 9

15. CONTRACTOR’S CLAIMS AND REMEDIES ...................................................................................... 10

16. ENTIRE AGREEMENT ............................................................................................................................. 10

17. DISCREPANCIES ....................................................................................................................................... 10

18. SEVERABILITY ......................................................................................................................................... 10

19. NO WAIVER ............................................................................................................................................... 10

20. CONTRACT AMENDMENT .................................................................................................................... 11

21. TRANSMISSION OF NOTICES AND OTHER DOCUMENTS ........................................................... 11

22. EFFECTIVENESS ...................................................................................................................................... 11

ANNEXES ANNEX A ANNEX B ANNEX C


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MODEL CONTRACT

This CONTRACT is entered into between THE PREPARATORY COMMISSION FOR THE

COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (hereinafter referred to as

the “Commission”), having its headquarters located at Wagramerstrasse 5, 1400 Vienna, Austria, and

[NAME OF THE CONTRACTOR] (hereinafter referred to as the “Contractor”), having its registered

address located at [INSERT ADDRESS]. The Parties hereto mutually agree as follows:

1. DEFINITIONS

In this Contract, words and expressions shall have the same meanings as respectively assigned to

them in the General Conditions of Contract and the Terms of Reference. In addition, the following

words and expressions shall have the meanings hereby assigned to them:

“Annex A” means the Commission’s General Conditions of Contract.

“Annex B” means the Commission’s Terms of Reference.

“Annex C” means the Contractor’s Proposal dated ……………

“Contract” means this document, its Annexes and any further modifications or such further

documents as may be expressly incorporated in this Contract by the Parties in accordance with

Clause 20 below.

“Contractor” means the legal entity named in the preamble of this Contract or its successors. The

Contractor shall be the only interface for all matters pertaining to execution of the Work under this

Contract.

“Party(ies)” means the Commission and/or the Contractor, as the context requires.

“Rule(s)” means any regulation(s), official directive(s), ordinance(s), guideline(s), customs and

practices.

“Work”/“Services” mean all the goods and services to be provided by the Contractor, including

its affiliates and/or subcontractors, in order to fulfil all its obligations under the Contract, and the

remedying of any defects therein.

“Taxes” shall mean all direct and indirect taxes (including value added tax, general sales tax or

goods and services tax), assessments, fees, customs duties, liens and charges in as much as they

are levied in conclusion or implementation of the Contract, including customs restrictions and


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charges of similar nature in respect of articles imported or exported for the Commission’s official

use.

2. AIM OF THE CONTRACT

The aim of this Contract is to provide “CISCO SmartNet Hardware Maintenance 2020-2021” to

the Commission.

3. ENTRY INTO FORCE AND DURATION OF THE CONTRACT

This Contract shall enter into force upon the date of the last signature by the authorized

Representatives of the Parties (hereinafter referred to as the “Effective Date”) and it shall remain

in force until the Parties fulfill all their obligations hereunder.

4. COMMENCEMENT AND COMPLETION OF THE WORK

(a) Firm Services (Sections B(c) and C(a) of Annex B)

The Contractor shall commence the performance of the firm services specified in

Annex B (hereinafter referred to as “Firm Services”) on 1 November 2020 and

shall complete them by 31 October 2021.

(b) Optional Services (Sections B(d) and C(b) of Annex B)

(i) The Commission shall have the right, but not the obligation, to call-off the

optional services referred to in Annex B (hereinafter referred to as

“Optional Services”) within a period of 12 months from 1 November 2020

(hereinafter referred to as the “Maintenance Period”), as follows:

- through a written notification by the Commission in respect to the

addition of new items referred to in Section B(d)(1) and B(d)(2) of Annex

B, based on the catalogue price list of the manufacturer, minus the

applicable Contractor’s discount(s) set out in Annex C; and/or

- through a written notification by the Commission for the additional

person-days referred to in Section C(b) of Annex B based on the firm

fixed rate specified in Annex C.

The Contractor shall not perform any Optional Services if not requested by


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the Commission as indicated above.

The commencement and completion date for the performance of the

Optional Services (hereinafter referred to as “Commencement Date” and

“Completion Date”, respectively) shall be in accordance with Annex B or

as otherwise set out in the respective notification.

(ii) The Optional Services shall be provided in full in accordance with the

respective notification. Partial Services will not be accepted or paid without

prior written agreement by the Commission.

(iii) The Commission may revise a written notification as and when it may deem

necessary.

(c) Optional extensions

(i) The Commission shall have the option, but not the obligation, to extend the

Maintenance Period up to two (2) times, for a period of twelve (12) months

each, subject to the availability of funds, under the same terms and

conditions of the Contract. The Commission will notify the Contractor its

decision to extend the Maintenance Period at least one (1) month prior to the

expiry of the respective Maintenance Period. The optional extension(s) will

be implemented through a written notification to the Contractor by the

Commission.

(ii) Subject to Clause 4(c)(i) above, the Commission shall have the right to

remove any item part of the Firm Services as of the effective date of the

extension of the relevant Maintenance Period. The Commission will inform

the Contractor about its decision to remove an item in the same written

notification issued for the extension of the Maintenance Period referred to

above. The firm price of the Firm Services for the extended Maintenance

Period shall be adjusted accordingly.

5. STANDARD OF WORK

The Contractor shall perform the Work in a workmanlike manner in conformity with

standard professional practices, using qualified personnel and in strict accordance with the


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Contract. The Contractor shall furnish the highest skill and judgement and cooperate with

the Commission, including all the Commission's consultants and agents, in best furthering

the interests of the Commission and the aim of this Contract. The Contractor shall provide

efficient business administration and supervision, and it shall perform the Work in the

best way and in the most expeditious and economical manner consistent with the

requirements of the Contract.

6. RESPONSIBILITIES OF THE CONTRACTOR

(a) The Contractor shall provide the Work described in Annex B and Annex C.

(b) The Contractor shall provide qualified English-speaking personnel as necessary to

perform the Work under this Contract. The key persons shall be available for possible

tasks related to the Work throughout the duration of the Contract period. Any replacement

of the key personnel shall be made in accordance with Clause 7 of Annex A.

7. WARRANTY

The provisions of Clause 28 of Annex A shall apply to the Services performed by the Contractor,

wherever it refers to “Goods” shall read “Services”.

8. PERMITS, NOTICES, LAWS AND ORDINANCES

(a) The Contractor shall obtain and pay for all permits and inspections necessary for the

proper execution and completion of the Work that are customarily obtained upon

execution of this Contract and that are legally required at the time the Proposal is received

by the Commission. This shall include, but not be limited to, work permits, visa, or

similar.

(b) The Contractor shall give all notices required by the nature of the Services.

(c) If the Contractor notices that the Work or any part thereof required under this Contract is

not in accordance with applicable laws and Rules, or with technical or safety standards, it

shall promptly notify the Commission thereof in writing.

9. PROTECTION OF PERSONS AND PROPERTY

(a) The Contractor shall be responsible for initiating, maintaining and supervising all safety

precautions and programmes in connection with the Work.


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(b) The Contractor shall take all reasonable precautions for the safety of, and shall provide all

reasonable protection to prevent damage, injury and loss to:

(i) all employees on the Commission’s premises and all other persons who may be

affected thereby;

(ii) all the Work, Equipment, its spare parts, materials and supplies to be incorporated

therein, whether in storage on or off the Commission’s premises, which are under

the care, custody or control of the Contractor or any of its subcontractors; and

(iii) other property on the Commission’s premises or adjacent thereto.

(c) The Contractor shall give all notices and comply with all applicable laws and Rules

bearing on the safety of persons and property and/or their protection from damage, injury

and loss.

(d) The Contractor shall erect and maintain, as required by existing conditions and progress of

the Work, all reasonable safeguards for the safety and protection of persons and property,

including posting danger signs and other warnings against hazards and promulgating

safety regulations.

(e) When the use or storage of combustible, explosive or other hazardous materials is

necessary for the execution of the Work, the Contractor shall exercise the utmost care and

shall carry on such activities under the supervision of properly qualified personnel.

(f) The Contractor shall be responsible for the prevention of accidents on the Commission’s

premises during the execution of the Work.

(g) In any emergency affecting the safety of persons or property, the Contractor shall

promptly act to prevent threatened damage, injury and loss.

(h) The Contractor shall promptly remedy all damage and loss to any property, referred to in

Sub-Clause (b) above, caused in whole or in part by the Contractor, any subcontractor, or

anyone directly or indirectly employed by any of them, or by anyone for whose acts any of

them may be liable and for which the Contractor is responsible under Sub-Clause (b)

above, except damage and loss attributable to the acts or omissions of the Commission or

anyone directly or indirectly employed by it, or of anyone for whose acts the Commission

may be liable, and not attributable to the fault or negligence of the Contractor. The

foregoing obligations of the Contractor are in addition to its obligations under Clause 9 of

Annex A.


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10. RESPONSIBILITIES OF THE COMMISSION

The Commission shall designate members of its staff to act as points of contact for the Contractor

to ensure that the Services are carried out in accordance with Annexes B and C, and shall promptly

notify the Contractor thereof. The Commission shall respond promptly to requests for information

by the Contractor regarding the Services.

11. CONTRACT PRICE

(a) The Commission shall pay to the Contractor in consideration of the full and proper

performance of its obligations under the Contract the following:

(i) For the Firm Services set out in Sections B(c) and C(a) of Annex B, the firm fixed

prices specified in Annex C;

(ii) Subject to clause 4(b)(i) above, the firm fixed daily rate specified in Annex C for

the Optional Services set out in Section C(b) of Annex B;

(iii) Subject to clause 4(b)(i) above, for the Optional Services referred to in Sections

B(d)(1) and B(d)(2) of Annex B, the firm fixed amount specified in the relevant

Commission’s notification;

(iv) Subject to clause 4(c) above, for the first optional extension of the Maintenance

Period, the firm fixed prices specified in Annex C;

(v) Subject to clause 4(c) above, for the second optional extension of the Maintenance

Period, the firm fixed prices specified in Annex C;

hereinafter referred to as the “Contract Price”.

(b) The Commission shall have the right to terminate maintenance of any item listed in in

Section B(c) of Annex B, effective at the time the Contract is renewed. The Commission

will inform the Contractor about the intention to remove an item at the time of Contract

renewal. The price under Clauses 11(a)(iv) and 11(a)(v) shall be adjusted accordingly.

(c) The Contract Price shall also cover all costs and expenses incurred by the Contractor for

the full and proper performance of all obligations under the Contract (including travel,

allowances, management and remuneration of the personnel, national income tax, medical

insurance, and social security contributions). It shall also include work performed by the

Contractor’s personnel outside the Commission’s normal working hours.


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(d) The Contract Price shall be firm and fixed and shall not be subject to escalation. The

Contractor shall not do any work, provide any materials or equipment, or perform any

services which may result in any charges to the Commission over and above the Contract

Price without the prior written consent of the Commission and a formal written

amendment to this Contract.

(e) PLEASE SELECT, AS APPLICABLE, ONE OF THE FOLLOWING AT THE TIME OF

AWARD):

[Identify type [and amount] of Taxes] is/are applicable under this Contract. The

Contractor shall be reimbursed by the Commission for such taxes on the basis of actual

amounts paid and duly documented by the Contractor as per Clause 12(e).

OR

No Taxes are applicable under this Contract.

12. PAYMENT

(a) The Contract Price shall be paid upon acceptance by the Commission of the Services as

specified in Annex B and submission of the followings:

(i) Invoice drawn up in accordance with this Clause 12;

(ii) Any other document that might be required under the applicable Commission’s

notification.

(b) The Commission shall make the payments to the Contractor on the basis of an invoice

submitted by the Contractor as per 12(d) below. All payments shall be made within 30

(thirty) days of the receipt and acceptance of the invoice, provided that the Work has been

satisfactorily completed and has been accepted by the Commission.

(c) The making of any payment hereunder by the Commission shall not be construed as an

unconditional acceptance by the Commission of the Work accomplished by the Contractor

up to the time of such payment.

(d) The Contractor shall submit an invoice in 1 (one) original and 2 (two) copies or

electronically, from the Contractor’s official e-mail address in PDF format, duly signed

and sealed by the Contractor and submitted to the Commission’s email address specified

in Clause 21 below. Each invoice shall contain the Contract number (CTBTO and SAP

numbers), detailed banking instructions, including the name and address of the


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Contractor's bank, account number, account holder’s name and SWIFT, IBAN and/or

ABA codes for payment by electronic transfer.

(e) Applicable Taxes payable by the Contractor and/or its subcontractor(s) in respect of the

Work shall be invoiced separately or be separately identified on the invoice. Actual

payment of the Taxes must primarily be supported by original documentation such as bank

account statements, transfer orders, or receipts issued by the local tax or customs

authorities. If submission of such original documentation is not possible for justifiable

reasons, their copies could be accepted by the Commission provided that they are duly

signed and certified by local tax or customs authorities. In case the currency in which the

taxes are levied is not the currency of the Contract, bank statements (or equivalent)

showing the exchange rate used for the conversion should be submitted to the

Commission, in addition to any other supporting documentation.

13. TEMPORARY SUSPENSION OF WORK

The Commission may, at any time, temporarily suspend the Work, in whole or in part, being

performed by the Contractor under this Contract by giving 30 (thirty) days’ advance notice in

writing to the Contractor. The Work so suspended shall be resumed by the Contractor on the basis

of a revised time schedule and on terms and conditions to be mutually agreed upon between the

Parties.

14. DELAYS AND EXTENSION OF TIME

(a) If the Contractor is delayed at any time in the progress of the Work by any act or omission

of the Commission or by any of its employees, or by any other contractor employed by the

Commission, or by changes in the Work ordered by the Commission, or by any causes

beyond the Contractor’s reasonable control, or by any other cause which the Commission

determines may justify the delay, then the time for completion of the Work shall be

extended by an amendment to this Contract in accordance with Clause 20 below for such

reasonable time as the Commission may determine.

(b) Any request for extension of the time for reasons referred to in Clause 14(a) above shall be

submitted to the Commission not later than 20 (twenty) days after the commencement of

the delay, otherwise said request shall be deemed to be waived. Such request shall state

grounds for the delay and shall provide an estimate of the probable effect of such delay on

the progress of the Work.


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15. CONTRACTOR’S CLAIMS AND REMEDIES

In no event shall the Contractor make any claim against the Commission for or be entitled to

additional costs or compensation resulting from any delays in the progress or completion of the

Work or any portion thereof, whether caused by the acts or omissions of the Commission,

including, but not limited to, damages related to overheads, loss of productivity, acceleration due

to delay and inefficiency. The Contractor’s sole remedy in such event shall be an extension of

time for completion of the Work, provided the Contractor otherwise meets the requirements and

conditions set forth in this Contract.

16. ENTIRE AGREEMENT

This Contract represents the final agreement in respect of the Services and shall supersede all

prior agreements and representations between the Parties in this respect. Annexes A to C shall

constitute integral parts of this Contract and shall be of full force and effect.

17. DISCREPANCIES

If there are discrepancies or conflicts between any of the documents that are part of this Contract,

the document to prevail shall be given precedence in the following order:

(i) this Document;

(ii) the Commission’s General Conditions of Contract (Annex A);

(iii) the Commission’s Terms of Reference (Annex B);

(iv) the Contractor’s Proposal (Annex C).

18. SEVERABILITY

If any term and/or provision of this Contract is or becomes invalid, illegal or unenforceable, the

validity, legality and enforceability of the remaining provisions of this Contract shall not in any

way be affected or impaired thereby.

19. NO WAIVER

Failure by a Party to enforce a right shall not be deemed to be a waiver of that right unless

otherwise expressly provided in this Contract.


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20. CONTRACT AMENDMENT

No modification of, or change in, this Contract, or waiver of any of its provisions, or additional

contractual relationship with the Contractor shall be valid unless approved in the form of a written

amendment to this Contract, signed by duly authorized Representatives of the Contractor and of

the Commission.

21. TRANSMISSION OF NOTICES AND OTHER DOCUMENTS

Notices, invoices, reports and other documentation under the Contract shall be delivered or sent to

the relevant Party as follows (or to such person/title, address, facsimile number or email address as

the Party may substitute by notice after the date of the Contract):

(a) The Commission:

For Contractual Issues: Chief, Procurement Section Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6350 E-mail: [email protected]

For invoices and related enquiries: Accounts Payable CTBTO Financial Services Section Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6292 E-mail: [email protected]

(b) The Contractor:

[INSERT DETAILS]

22. EFFECTIVENESS

(a) Except as provided below, any communication in connection with the Contract will be

deemed to be given as follows:

(i) if delivered in person, at the time of delivery;


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(ii) if by registered mail or courier, when received;

(iii) if by fax, when received in legible form;

(iv) if by electronic communication, when retrievable by the Commission in document

form.

(b) A communication given under Clause 22 (a) above that is received or becomes retrievable

on a non-working day or after business hours at the seat of the Commission will only be

deemed to be given on the next working day of the Commission.


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IN WITNESS hereof, the duly authorized Representatives of the Parties have executed this Contract:

For and on behalf of the PREPARATORY COMMISSION FOR THE COMPREHENSIVE

NUCLEAR-TEST-BAN TREATY ORGANIZATION:

________________________________________________________________________ [Name, Position/Title]

Date: __________________ Place: __________________

For and on behalf of [CONTRACTOR]:

_________________________________________________________________________

[Name, Position/Title]

Date: ___________________ Place: ___________________

ANNE� A

Genera� Conditions of Contract

1. DEF�N��N�

(a) �n t�ese �enera� conditions of contract t�e ter�s �e�innin� �it� a ca�ita� �etter s�a�� a�e t�e �eanin� as defined in t�e Contract�

(�) o �e rendered �nder t�e Contract�

(c)and�or ot�er s��ies to �e �ro�ided �nder t�e Contract�

(inc��din� �a��e added ta�� enera� sa�es ta� or �oods and ser�ices ta�)� assess�ents� fees� c�sto�s d�ties� �iens and c�ar�es in as ��c� as t�e� are �e�ied in conc��sion or i��e�entation of t�e Contract� inc��din� c�sto�s restrictions and c�ar�es of si�i�ar nat�re in res�ect of artic�es i��orted or e��orted for t�e

�. �E�A� ��A��

��e Contractor s�a�� e considered as �a�in� t�e �e�a� stat�s of an inde�endent contractor �is��is t�e Co��ission� �eit�er t�e Contractor and an� s��contractor� nor t�eir �ersonne� s�a�� e considered to �e an e��o�ee or an a�ent of t�e Co��ission�

�. A��N�EN�

��e Contractor s�a�� not assi�n� transfer� ��ed�e or �a�e ot�er dis�osition of t�e Contract or an� �art t�ereof� or an�

Contract e�ce�t �it� t�e �rior �ritten consent of t�e Co��ission�

�. ��N��A��N�

�n t�e e�ent t�e Contractor re��ires t�e ser�ices of one or �ore s��contractors� t�e Contractor s�a�� o�tain t�e �rior �ritten a��ro�a� and c�earance of t�e Co��ission for s�c� s��cos��contractor s�a�� not re�ie�e t�e Contractor of an� of �is o��i�ations �nder t�e Contract� and t�e ter�s of an� s��contract s�a�� e s��ect to and in confor�it� �it� t�e �ro�isions of t�e Contract�

�. ��E �F �N��N�

(a) ��e Contractor s�a�� neit�er see� nor acce�t instr�ctions fro� an� a�t�orit� e�terna� to t�e

Co��ission in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� ��e Contractor s�a�� refrain fro� an� action ��ic� �a� ad�erse�� affect t�e Co��ission and s�a�� f��fi� its co��it�ents �it� t�e f��est re�ard to t�e interests of t�e Co��ission�

(�)of t�e Contractor s�a�� at a�� ti�es� o�e� and confor� to a�� re��ests aofficia�s and t�e �nited �ations �ec�rit� �taff�

�.F�� E��EE�

��e Contractor s�a�� e res�onsi��e for t�e �rofessiona� and tec�nica� co��etence of its e��o�ees and �i�� se�ect� for t�e �erfor�ance �nder t�e Contract� re�ia��e indi�id�a�s ��o �i�� erfor� effecti�e�� in t�e i��e�entation of t�e Contract� res�ect t�e �oca� c�sto�s and confor� to a �i�� standard of �ora� and et�ica� cond�ct�

�. A��N�EN� �F �E��NNE�

(a) ��e Contractor s�a�� not re��ace or �it�dra� an� �ersonne� referred to in t�e Contract for t�e �erfor�ance of t�e �er�ices �it�o�t t�e �rior �ritten a��ro�a� of t�e Co��ission or �n�ess re��ested �� t�e Co��ission�

(�) �rior to assi�n�ent� re��ace�ent or �it�dra�a� of �ersonne� for t�e �erfor�ance of t�e �er�ices� t�e Contractor s�a�� s��it to t�e Co��ission for its consideration� t�e c�rric�� itae or detai�ed ��stification to �er�it e�a��ation �� t�e Co��ission of t�e i��act ��ic� s�c� assi�n�ent� re��ace�ent or �it�dra�a� �o��d �a�e on t�e �er�ices�

(c) �n t�e e�ent of �it�dra�a� of �ersonne�� a�� costs and additiona� e��enses res��tin� fro� t�e re��ace�ent� for

s�a�� e for t�e acco�nt of t�e Contractor� ��c� �it�dra�a� s�a�� not �e considered as ter�ination in �art or in ��o�e of t�e Contract�

�. ��NF�� F �N�E�E��

�o e��o�ee� officer� ad�iser� a�ent and�or s��contractor of t�e Contractor assi�ned to �erfor� �er�ices �nder t�e Contract s�a�� en�a�e� direct�� or indirect�� in an� ��siness� �rofession or occ��ation connected or re�ated to t�e �er�ices or Goods to �e �ro�ided �nder t�e Contract if t�is constit�tes a conf�ict of interest�

ANNEX A

�

�. �N��AN�E�

(a) ��e Contractor s�a�� ro�ide and t�ereafter �aintain a��ro�riate ins�rance� or its e��i�a�ent� �it� res�ect to its e��o�ees to co�er c�ai�s for �ersona� in��r� or deat� in connection �it� t�e Contract�

(�) ��e Contractor s�a�� ro�ide and t�ereafter �aintain ins�rance a�ainst a�� ris� in res�ect of its �ro�ert� and an� e��i��ent �sed for t�e e�ec�tion of t�e Contract�

(c) ��e Contractor s�a�� a�so �ro�ide and t�ereafter �aintain �ia�i�it� ins�rance in an ade��ate a�o�nt to co�er t�ird �art� c�ai�s for deat�� odi�� in��r�� oss of and da�a�e to �ro�ert� arisin� fro� an� o�erations carried o�t �� t�e Contractor in �erfor�in� its o��i�ations in connection �it� t�e Contract or fro� o�eration of an� �e�ic�es� �oats� air��anes and ot�er e��i��ent o�ned or �eased �� t�e Contractor or its a�ents� ser�ants� e��o�ees or s��contractors�

(d) ��ce�t for ins�rance �entioned in �ara�ra�� (a)� t�e ins�rance �o�icies �nder t�is c�a�se s�a��(i) �a�e t�e Co��ission as additiona� �eneficiar�� (ii)

ri��ts to t�e ins�rance carrier a�ainst t�e Co��ission�

(e) ��e Contractor s�a�� on re��est� �ro�ide t�e Co��ission �it� satisfactor� e�idence of t�e ins�rance re��ired �nder t�e Contract�

(f) �n� a�o�nts not ins�red� not reco�ered fro� or not c�ai�ed �� t�e ins�rer s�a�� e �orne �� t�e Contractor�

(�) �nfor�ation concernin� red�ction of co�era�e s�a�� e f�rnis�ed �� t�e Contractor to t�e Co��ission �it� at �east t�irt� (��) da�s �rior �ritten notice�

(�) ��e Contractor �nderta�es t�at �ro�isions to t�e sa�e effect as t�e �ro�isions in s��c�a�ses (a) t�ro�� (c) a�o�e �i�� e inserted in a�� s��contracts �ade in �erfor�ance of t�e Contract� e�ce�t s��contracts e�c��si�e�� for f�rnis�in� Goods�

1�. EN��AN�E��EN�

��e Contractor s�a�� not ca�se or �er�it an� �ien� attac��ent or ot�er enc��rance �� an� �erson to �e ��aced on fi�e in an� ��ic office or on fi�e �it� t�e Co��ission a�ainst an� �onies d�e or to �eco�e d�e for an� �er�ices or Goods �ro�ided �nder t�e Contract� or �� reason of an� ot�er c�ai� or de�and a�ainst t�e Contractor�

11.��E��AN�E �F ��E �A�

(a) ��e Contractor s�a�� co�� it� a�� a�s� ordinances� r��es and re��ations� inc��din� ��t not �i�ited to �ea�t�� en�iron�enta� and �a�o�r �a�s �earin� ��on t�e �erfor�ance of its o��i�ations �nder t�e ter�s of t�e Contract�

(�) �n �artic��ar� t�e Contractor s�a�� co�� it� t�e �a�o�r �a�s of t�e co�ntr� in ��ic� t�e �er�ices or Goods are to �e f�rnis�ed �ro�idin� for �enefits co�erin� in��r� or deat� in t�e co�rse of e��o��ent�

1�.��NF�DEN��A��

(a) �� tec�nica�� financia� or ot�er doc��entation and data t�e Contractor co��i�ed for or recei�ed fro� t�e Co��ission �nder t�e Contract s�a�� e treated as confidentia� and s�a�� e de�i�ered on�� to t�e

�er�ices or as re��ested �� t�e Co��ission�(�) �it�er �art� ac�no��ed�es t�at a�� no��ed�e and

infor�ation concernin� t�e ot�er �art� t�at �a� �e ac��ired in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� inc��din� ��t not �i�ited to� an� infor�ation re�atin� to its o�erations and �roced�res� are confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� and it s�a�� recei�e s�c� confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� in confidence and s�a�� not disc�ose or �er�it disc�os�re of an� s�c� �no��ed�e or infor�ation to an� �erson and�or entit� �it�o�t t�e �rior �ritten consent of t�e ot�er �art��

(c) ��e Contractor s�a�� not� at an� ti�e� �se s�c� confidentia� infor�ation to its o�n ad�anta�e�

(d) ��e restrictions on confidentia�it� s�a�� not a�� to t�e infor�ation ��ic��(i) �resent�� is in t�e ��ic do�ain�(ii) �ereafter �eco�es �art of t�e ��ic do�ain �it�o�t

(iii) �as in t�e �ossession of t�e ot�er �art� at t�e ti�e of t�e disc�os�re� as s�o�n �� ritten e�idence�

(i�) is disc�osed to t�e ot�er �art� at an� ti�e �ereafter �� a t�ird �art��

(�) is re��ired to �e disc�osed to �o�ernin� �odies� or to �o�ern�enta� a�t�orities to t�e e�tent re��ired �� a� or to o�tain needed a�t�ori�ation to �erfor� t�e Contract or ��rs�ant to re�ortin� re��ire�ents i��osed �� t�ose �o�ernin� �odies or t�e �o�ern�ent of t�e �tate of t�e Contractor�

(e) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract �� t�e Co��ission�

1�.�AN��A�E�� E�� AND �EA��E�

�n�ess ot�er�ise s�ecified in t�e Contract� t�e �n��is� �an��a�e s�a�� e �sed �� t�e Contractor in a�� ritten co��nications to t�e Co��ission �it� res�ect to t�e �er�ices or Goods to �e �ro�ided and a�� doc��ents �roc�red or �re�ared �� t�e Contractor� ��e Contractor s�a�� se �etric �nits� e�ce�t ��en ot�er�ise s�ecified in t�e Contract�

1�.��

(a) ��e Contractor s�a�� not ad�ertise or ot�er�ise �a�e ��ic t�e fact t�at it is �ro�idin� or �as �ro�ided �er�ices and Goods for t�e Co��ission� ��so� t�e Contractor s�a�� not� in an� �anner ��atsoe�er� �se t�e na�e� e��e� or officia� sea� of t�e Co��ission or an� a��re�iation of t�e na�e of t�e Co��re�ensi�e ��c�ear��est��an �reat� �r�ani�ation in connection �it� its ��siness or ot�er�ise�

(�) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract�

�

1�.�FF��A� N�� ENEF��N��N�EN� FEE�

(a) ��e Contractor �arrants t�at�(i) �o �erson or se��in� a�enc� �as �een e��o�ed or

retained �� it to so�icit or sec�re t�e Contract ��on an a�ree�ent or �nderstandin� for a co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer� e�ce�t re��ar e��o�ees or �ona fide and officia�� esta��is�ed co��ercia� or se��in� a�encies �aintained �� t�e Contractor for t�e ��r�ose of sec�rin� ��siness�

(ii) �o officia� or ser�ant or retired e��o�ee of t�e Co��ission ��o is not a re��ar e��o�ee of t�e Contractor� �as �een or s�a�� e ad�itted �� t�e Contractor to an� direct or indirect �enefit arisin� fro� t�e Contract or t�e a�ard t�ereof�

(�) �n case of �reac� �� t�e Contractor of t�e �arranties referred to in �re�io�s c�a�ses� t�e Co��ission s�a�� a�e t�e ri��t to ded�ct fro� t�e Contract �rice� or ot�er�ise reco�er fro� t�e Contractor� t�e f�� a�o�nt of an� s�c� co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer so �aid�

1�. �N�E��E��A� ��E�� AND ��E� ��E�A��

(a) ��ce�t to t�e e�tent t�e Contractor �as �ranted a �icense to t�e Co��ission� t�e Co��ission� s�a�� e entit�ed to a�� inte��ect�a� �ro�ert�� inc��din� ��t not �i�ited to co��ri��ts� �atents and trade�ar�s� �it� re�ard to �rod�cts� doc��ents or ot�er �ateria�s ��ic� �ear a direct re�ation to or are �rod�ced or co��ected �nder t�e Contract� ��e Contractor s�a�� ta�e a�� necessar� ste�s� �re�are and �rocess a�� necessar� doc��ents and assist in sec�rin� s�c� �ro�ert� ri��ts and transferrin� t�e� to t�e Co��ission and�or to t�e �o�ern�ent ��ere t�e �er�ices or Goods are to �e �ro�ided� in co��iance �it� t�e re��ire�ents of t�e a��ica��e �a��

(�) ��e Contractor dec�ares t�at it does not �no� of an� inte��ect�a� �ro�ert� ri��ts of t�ird �arties� ��ic� �i��t �e infrin�ed in t�e e�ec�tion of t�e Contract� ��o��d� contrar� c�ai�s �e raised a�ainst t�e Co��ission c�ar�in� it �it� infrin�e�ent of inte��ect�a� �ro�ert� ri��ts� t�e Contractor s�a�� o�d �ar��ess t�e Co��ission and s�a�� inde�nif� it to t�e f�� e�tent of an� da�a�es or a�ards arisin� fro� s�c� c�ai�s� ��is o��i�ation of t�e Contractor s�a�� contin�e to �e in f�� force and effect �� to t�e e��iration of s�c� inte��ect�a� �ro�ert� ri��ts�

(c) ��e Co��ission s�a�� i�e t�e Contractor d�e notice in �ritin� of an� c�ar�es of infrin�e�ent �ro��t a�ainst t�e Co��ission and of t�e fi�in� of an� s�it for infrin�e�ent of inte��ect�a� �ro�ert� ri��ts of t�ird �arties d�e to t�e e�ec�tion of t�e Contract� and��it�o�t �re��dice to t�e i��nit� en�o�ed �� t�e Co��ission as an internationa� or�ani�ation fro� e�er� for� of �e�a� �rocess� inc��din� enforce�ent and e�ec�tion� t�e Co��ission s�a�� i�e t�e Contractor t�e o��ort�nit� to defend t�e Co��ission a�ainst t�e said s�it at its discretion and s�a�� not�

�ritin�� a�e an� ad�ission or consent to an� c�ai� of an� t�ird �art��

�osition�

1�.DEFA�� E ��N��A��

(a) �n case t�e Contractor fai�s to f��fi� its o��i�ations and res�onsi�i�ities �nder t�e Contract and �ro�ided t�e Contractor �as not re�edied s�c� fai��re(s) �it�in t�irt� (��) da�s of �a�in� �een �i�en �ritten notification �� t�e Co��ission of t�e nat�re of t�e fai��re(s)� t�e Co��ission �a�� at its entire discretion and �it�o�t �re��dice to its ri��t to �it��o�d �a��ent(s)� �o�d t�e Contractor in defa��t �nder t�e Contract�

(�) ��en t�e Contractor is t��s in defa��t� t�e Co��ission �a�� i�in� �ritten notice to t�e Contractor� ter�inate t�e Contract as a ��o�e or s�c� �art or �arts t�ereof in res�ect of ��ic� t�e Contractor is in defa��t� ��on s�c� notice� t�e Co��ission s�a�� a�e t�e ri��t

�art or t�ose �arts of t�e Contract �it� res�ect to ��ic� t�e Contractor is in defa��t�

(c) ��e Contractor s�a�� in t�is case� �e so�e�� res�onsi��e for an� reasona��e costs of co��etion of t�e �er�ices and�or de�i�er� of Goods� inc��din� s�c� costs� ��ic� are inc�rred �� t�e Co��ission o�er and a�o�e t�e ori�ina�� a�reed Contract �rice�

1�.��D�N� �F �A��EN�

(a) ��e Co��ission �a� �it��o�d an� �a��ent to t�e Contractor or� on acco�nt of s��se��ent�� disco�ered e�idence� n��if� t�e ��o�e or �art of an� �a��ent a��ro�a� t�eretofore �i�en� to s�c� an e�tent as �a� �e necessar� to �rotect t�e Co��ission fro� �oss �nder t�e Contract on acco�nt of�(i)

or to �a�e ade��ate �ro�ress �it� t�e o��i�ations� e�ce�t for fai��re arisin� o�t of force �a�e�re�

(ii)�erfor�ance� ��en s�c� fai��re �as �een dra�n to �is attention �� t�e Co��ission�

(iii)re�orts re��ired�

(�) ��e �it��o�din� �� t�e Co��ission of an� interi� n to

contin�e �erfor�ance of �is o��i�ations �nder t�e Contract�

(c) �o interest s�a�� accr�e on �a��ents e�ent�a�� it��e�d �� t�e Co��ission in a��ication of t�e sti��ations of t�is �ara�ra��

1�.��DA�ED DA�A�E�

��ect to C�a�se �� e�o� (force �a�e�re)� if t�e Contractor fai�s to de�i�er an� or a�� of t�e �er�ices and�or Goods �it�in t�e �atest ti�e �eriod(s) s�ecified in t�e Contract� t�e Co��ission �a�� it�o�t �re��dice to its ot�er re�edies �nder t�e Contract� ded�ct fro� t�e Contract �rice as �i��idated da�a�es� a s�� e��i�a�ent to �� er cent of t�e �ortion of t�e Contract �rice for t�e de�a�ed �er�ices and�or Goods for eac� �or�in� da� of

�

de�a� �nti� act�a� �erfor�ance� �� to a �a�i�� of si�t� (��) �or�in� da�s� ��e reco�er� �� t�e Co��ission of �ro�en da�a�es s�a�� not �e e�c��ded�

��.F��E �A�E��E

(a) �orce �a�e�re as �sed �erein s�a�� ean acts of God� ind�stria� dist�r�ances� acts of t�e ��ic ene�� ci�i� dist�r�ances� e��osions and an� ot�er si�i�ar ca�se of e��i�a�ent force not ca�sed �� nor �it�in t�e contro� of eit�er �art� and ��ic� neit�er �art� is a��e to o�erco�e�

(�) �s soon as �ossi��e after t�e occ�rrence of an� ca�se constit�tin� force �a�e�re� t�e Contractor s�a�� i�e notice and f�� artic��ars in �ritin� to t�e Co��ission of s�c� force �a�e�re if t�e Contractor is t�ere�� rendered �na��e� ��o�� or in �art� to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract�

(c) �n t�is e�ent� t�e fo��o�in� �ro�isions s�a�� a��(i) ��e o��i�ations and res�onsi�i�ities of t�e

Contractor �nder t�e Contract s�a�� e s�s�ended to t�e e�tent of its ina�i�it� to �erfor� t�e� and for as �on� as s�c� ina�i�it� contin�es�

(ii) ��e ter� of t�e Contract s�a�� e e�tended for a �eriod e��a� to t�e �eriod of s�s�ension ta�in�� o�e�er� into acco�nt an� s�ecia� conditions ��ic� �a� ca�se t�e ti�e for co��etion of t�e o��i�ations to �e different fro� t�e �eriod of s�s�ension�

(iii) �f t�e Contractor is rendered �er�anent�� na��e� ��o�� or in �art� �� reason of force �a�e�re to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract� t�e Co��ission s�a�� a�e t�e ri��t to ter�inate t�e Contract on t�e sa�e ter�s and conditions as are �ro�ided for in t�e �er�ination C�a�se of t�e Contract� e�ce�t t�at t�e �eriod of notice �a� �e se�en (�) da�s instead of t�irt� (��) da�s�

i�) �or t�e ��r�ose of t�e �recedin� s��c�a�se� t�e Co��ission �a� consider t�e Contractor �er�anent�� na��e to �erfor� in case of an� �eriod of s�s�ension in e�cess of ninet� (��) da�s� �n� s�c� �eriod of ninet� (��) da�s or �ess s�a�� e dee�ed te��orar� ina�i�it� to �erfor��

�1. �N��EN�� AND �AN��

��o��d t�e Contractor �e inso��ent� ad��d�ed �an�r��t� or s�o��d t�e Contractor �a�e a �enera� assi�n�ent for t�e �enefit of its creditors� or s�o��d a recei�er �e a��ointed on

�a�� it�o�t �re��dice to an� ot�er ri��t or re�ed� it �a� �a�e �nder t�e ter�s of t�e Contract� ter�inate t�e Contract fort��it� �� i�in� t�e Contractor �ritten notice of s�c� ter�ination�

��. �NDE�N�F��A��N

��e Contractor s�a�� inde�nif�� o�d and sa�e �ar��ess and defend at its o�n e��ense t�e Co��ission� its officers� a�ents� ser�ants and e��o�ees fro� and a�ainst a�� s�its� c�ai�s� de�ands and �ia�i�it� of an� nat�re or �ind� inc��din� cost and e��enses arisin� o�t of acts or o�issions

of t�e Contractor or its e��o�ees or s��contractors in t�e �erfor�ance of t�e Contract� ��is re��ire�ent s�a�� e�tend� inter a�ia� to c�ai�s or �ia�i�ities in t�e nat�re of

�ertainin� to inte��ect�a� �ro�ert� ri��ts� ��e o��i�ations �nder t�is c�a�se do not �a�se ��on ter�ination of t�e Contract�

��.A��A��E �E��E�EN�

��e �arties s�a�� se t�eir �est efforts to sett�e a�ica�� t�ro�� ne�otiation an� dis��te� contro�ers� or c�ai� arisin� o�t of� or re�atin� to� t�e Contract or t�e �reac�� ter�ination or in�a�idit� t�ereof� �f t�e �arties cannot reac� s�c� a�ica��e sett�e�ent t�ro�� ne�otiations� t�e �atter s�a�� first �e referred to conci�iation� �� a re��est �� eit�er �art� for conci�iation �roced�res� ��e conci�iation s�a�� ta�e ��ace in accordance �it� t�e �nited �ations Co��ission on �nternationa� �rade �a� (��C��) Conci�iation ��es t�en �re�ai�in�� or accordin� to s�c� ot�er �roced�re as �a� �e a�reed �et�een t�e �arties� �it�in a ti�e �eriod of ninet� (��) da�s� ��ere s�a�� e one conci�iator� ��e conci�iation s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

��.A��A��N

(a) �n t�e e�ent of a fai��re to reac� an a�ica��e sett�e�ent in accordance �it� C�a�se �� a�o�e (a�ica��e sett�e�ent)� an� dis��te arisin� o�t of t�e inter�retation or a��ication of t�e ter�s of t�e Contract or an� �reac� t�ereof s�a�� e sett�ed in accordance �it� t�e ar�itration r��es esta��is�ed �� C�� as at �resent in force� ��e n��er of ar�itrators s�a�� e one� ��e ar�itration s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

(�) ��e ar�itrator s�a�� ta�e into acco�nt t�e internationa�� reco�ni�ed �enera� �rinci��es of co��ercia� transactions� ��e ar�itrator s�a�� a�e no a�t�orit� to a�ard ��niti�e da�a�es� nor to a�ard interest in e�cess of fi�e (�) �er cent� and an� s�c� interest s�a�� e si��e interest on�� e �arties s�a�� e �o�nd �� an� ar�itration a�ard rendered as a res��t of s�c� ar�itration as t�e fina� ad��dication of an� s�c� dis��te�

��.��E�E� AND ��N��E�

�ot�in� in or re�atin� to t�e Contract s�a�� e dee�ed a �ai�er of an� of t�e �ri�i�e�es and i��nities of t�e Co��ission and its e��o�ees�

��. �A� E�E��N

�n �rinci��e� t�e Co��ission is e�e��t fro� a�� a�es� �ince t�e arran�e�ent �nder ��ic� s�c� e�e��tion is res�ected �aries fro� co�ntr��to�co�ntr�� t�e Contractor s�a�� co��a�orate �it� t�e Co��ission to ac�ie�e �a� e�e��tion at so�rce or to ��rs�e rei��rse�ent of �a�es �aid �� t�e Co��ission� as t�e case �a� �e�

��.�E��NA��N

��e Co��ission �a� ter�inate t�e Contract in ��o�e or in �art� and at an� ti�e� ��

ter�ination to t�e Contractor� �n t�e e�ent s�c� ter�ination

Co��ission s�a�� e �ia��e to t�e Contractor for �a��ent in res�ect of �er�ices a�read� satisfactor� acco��is�ed or Goods de�i�ered and acce�ted and in confor�it� �it� t�e ter�s of t�e Contract� for necessar� ter�ina� e��enses of t�e Contractor� and for t�e cost of s�c� �r�ent �or� as is essentia� and as t�e Contractor is as�ed �� t�e Co��ission to co��ete� ��e Contractor s�a�� ee� e��enses at a �ini�� and s�a�� not �nderta�e an� for�ard co��it�ent

ter�ination�

��.��D�

�n t�e e�ent t�at t�e Contract re��ires t�e Contractor to s�� Goods� t�e fo��o�in� c�a�ses s�a�� a�� in addition to t�e a�o�e�

��.�A��AN��

(a) ��e Contractor �arrants t�at t�e Goods� inc��din� �ac�a�in�� confor� to t�e s�ecifications for t�e Goods ordered �nder t�e Contract and are fit for t�e ��r�ose for ��ic� s�c� Goods are ordinari�� sed and for ��r�oses e��ress�� ade �no�n to t�e Contractor �� t�e Co��ission� and are ne� and free fro� defects in desi�n� �or��ans�i� and �ateria�s�

(�) ��is �arrant� s�a�� re�ain �a�id for t�ent��fo�r (��) �ont�s after t�e Goods or an� �art t�ereof �a�e �een de�i�ered and acce�ted� ��ic�e�er is �ater� �n�ess t�e Contractor �as �ranted a �on�er �eriod� ��o��d t�e Co��ission transfer t�e tit�e of t�e Goods to a t�ird �art� d�rin� t�e �arrant� �eriod� t�e ri��t to en�o� t�e �arrant� s�a�� e transfera��e to t�e ne� tit�e��o�der�

(c) �f� d�rin� t�e �arrant� �eriod �entioned in ��c�a�se (�) a�o�e� t�e Goods or an� �art t�ereof are fo�nd to �e defecti�e or not in confor�it� �it� t�e s�ecifications �nder t�e Contract� t�e Contractor s�a�� on notification� �ro��t�� and at its o�n e��ense correct a�� s�c� defects and non�confor�ities� �f t�ese defects and non�confor�ities cannot �e corrected� t�e Co��ission s�a�� a�e t�e ri��t� at t�e Contractor�s e��ense� to eit�er de�and re��ace�ent of t�e defecti�e ite�� or recei�e a��ro�riate rei��rse�ent� or �a�e t�e defecti�e ite� re�aired or ot�er�ise �roc�red fro� a t�ird �art��

��. �N��E��N� AND �E��

(a) ��e Co��ission s�a�� a�e t�e ri��t to ins�ect and�or to test t�e Goods to confir� t�eir confor�it� to t�e tec�nica� s�ecifications� ��e tec�nica� s�ecifications s�a�� s�ecif� ��at ins�ections and tests t�e Co��ission re��ires�

(�) ��e ins�ections and tests �a� �e cond�cted on t�e �re�ises of t�e Contractor or its s��contractor(s)� at a �oint of de�i�er� desi�nated �� t�e Co��ission and�or

�i�e a�� reasona��e faci�ities and assistance�inc��din� dra�in�s and �rod�ction data�to t�e Co��ission at no c�ar�e to t�e Co��ission�

(c) ��o��d an� ins�ected or tested Goods fai� to confor� to t�e tec�nica� s�ecifications� t�e Co��ission reser�es t�e ri��t to re�ect t�e� and t�e Contractor s�a�� eit�er re��ace t�e re�ected Goods or �a�e a�� a�terations necessar� to �eet s�ecification re��ire�ents free of cost to t�e Co��ission�

(d)

t�e �oint of de�i�er� desi�nated �� t�e Co��ission or

or �ai�ed �� reason of t�e Goods�een ins�ected� tested and �assed �� t�e Co��ission�

(e) �ot�in� in t�is �ection on �ns�ections and �ests s�a�� in an� �a� re�ease t�e Contractor fro� an� �arrant� or ot�er o��i�ations �nder t�e Contract�

(f) �� e��i��ent��ateria� s��ied �nder t�e Contract �a� �e s��ect to �re�s�i��ent ins�ection �� a t�ird �art� to �e s�ecified �� t�e Co��ission� ��e Contractor is not �ia��e for cost of t�is ins�ection�

��.�A��N�

��e Contractor s�a�� co�� or ens�re co��iance �it� t�e fo��o�in� �ro�isions concernin� �ac�in��

(a) ��e Goods s�a�� e �ac�ed as is re��ired to �re�ent t�eir da�a�e or deterioration d�rin� transit to t�eir fina� destination� ��e �ac�in� s�a�� e s�fficient to �it�stand� �it�o�t �i�itation� ro�� and�in� d�rin� transit�

(�) �n t�e case of a cross��order s�i��ent� t�e Goods s�a�� a�e a��ro�riate e��ort �ac�in�� f necessar�� a�� cases�crates ��st �e �ra��ed inside �it� �ea��d�t� ��astic �ined �a�er� s�o��d �e stee��stra��ed and ��st �e a��e to �it�stand to�� and�in�� ids for tr�c� �and�in� are i��erati�e if t�e �ross �ei��t is �ore t�an �� i�o�ra�s�

(c) ��e consi�n�ent s�a�� e �ar�ed and s�i��ed as �er address s�o�n on t�e ��rc�ase �rder �or��

(d) �eit�er �artia� de�i�er� nor trans�i��ent s�a�� e �ade �n�ess s�ecifica�� a�reed �� t�e Co��ission in �ritin��

(e) �ac� case�crate��ac�a�e s�a�� carr� a consec�ti�e n��er� di�ensions� �o��e� and �ei��t (i�e� Case �o� � of � cases� � � � � C c�� ) and s�a�� e �ar�ed as fo��o�s�

�� C�� C�� C�� G��oint of de�i�er��

��C�� G�� G�� G��

(f) �ar�in�s s�a�� e done �it� �eat�er�roof �ateria�s� �� non�containeri�ed Goods s�a�� e s�i��ed �e�o� dec��

(�) �ac� case�crate�carton s�a�� carr� (o�tside) a co�� of t�e �ac�in� �ist descri�in� t�e contents of t�e case�crate�carton� ��tside Case �o� � s�o��d �e

�

attac�ed �it� in�oice co�erin� t�e act�a� de�i�er�� e acco��an�in� �a�ers ��st �e �ade o�t in t�e �n��is� �an��a�e�

(�) �rior to de�i�er�� a fa� (or a �etter �� co�rier ser�ice) s�a�� e sent to t�e consi�nee� if an�� ad�isin� of t�e fo��o�in��

��rc�ase order�Contract n��er��a��i�� n��er or e��i�a�ent reference n��er of t�e s�i��ent (if an�)�n��er of �o�es�cartons�crates�etc��esti�ated ti�e of de�art�re (��)��oint of de�art�re and na�e of frei��t carrier�esti�ated ti�e of arri�a� (��) to fina� destination�

(i) ��e fo��o�in� doc��ents s�a�� e enc�osed �it� t�e s�i��ent in case of s�i��in� �� air�

air�a� �i��rofor�a or co��ercia� in�oice��ac�in� �ist�

(�) ��e a�o�e doc��ents are indis�ensa��e and ��st reac� t�e consi�nee� if an�� on ti�e to �er�it c�sto�s c�earance and in order to a�oid de��rra�e c�ar�es�

�1.DE��E�� AND ��AN��A��N

(a) �e�i�er� of t�e Goods s�a�� e �ade �� t�e Contractor in accordance �it� t�e ter�s s�ecified in t�e Contract� and t�e Goods s�a�� re�ain at t�e ris� of t�e Contractor �nti� de�i�er� �as �een co��eted�

(�) �rans�ort of t�e Goods to t�e �ort of disc�ar�e or s�c� ot�er �oint in t�e co�ntr� of destination and�or for�ardin� to t�e consi�nee� if an�� (door�to�door) s�ecified in t�e Contract s�a�� e arran�ed and �aid for �� t�e Contractor and t�e cost t�ereof s�a�� e inc��ded in t�e Contract �rice�

��.�A�E��E��AND��E�

��on s�ccessf�� co��etion of de�i�er� or of insta��ation and a testin� and e�a��ation �eriod� as s�ecified in t�e Contract� res�onsi�i�it� for t�e Goods �i�� e �anded o�er to t�e consi�nee or ot�er desi�nated entit��

��.E�� EN�E�

�f an e��ort �icence or an� ot�er �o�ern�enta� a�t�ori�ation is re��ired for t�e Goods� it s�a�� e t�e o��i�ation of t�e Contractor to o�tain s�c� �icence or �o�ern�enta� a�t�ori�ation� �n t�e e�ent of fai��re to o�tain s�c� �icence or a�t�ori�ation �it�in reasona��e ti�e� t�e Co��ission �a� dec�are t�e Contract n�� and �oid�

��.��A�E �A��

�n accordance �it� t�e Contract� t�e Contractor �a� �e re��ired to �ro�ide an� or a�� of t�e fo��o�in� �ateria�s and notifications �ertainin� to s�are �arts �an�fact�red and�or distri��ted �� t�e Contractor�

(a) ��c� s�are �arts as t�e Co��ission �a� c�oose to ��rc�ase fro� t�e Contractor� �ro�ided t�at t�e Contractor is not re�ie�ed of an� �arrant� o��i�ations �nder t�e Contract�

(�) �n t�e e�ent of ter�ination of �rod�ction of t�e s�are after de�i�er� of t�e Goods�(i) ad�ance notification to t�e Co��ission of t�e

�endin� ter�ination� in s�fficient ti�e to �er�it t�e Co��ission to ��ace a fina� order�

(ii) fo��o�in� s�c� ter�ination� f�rnis�in� at no cost to t�e Co��ission� t�e ��e�rints� dra�in�s and s�ecifications of t�e s�are �arts� if and ��en re��ested�

��. �N��ED NA��N� ��N�EN��N �N ��N��A�� F�� E �N�E�NA��NA� �A�E �F ��D�

��estions concernin� �atters arisin� �nder t�e Contract� ��t not sett�ed in it� s�a�� e sett�ed in confor�it� �it� t�e �nited �ations Con�ention on Contracts for t�e �nternationa� �a�e of Goods (�ienna� ��)� ��ic� s�a�� e a��ica��e to t�e Contract� ��e a��ica��e �an��a�e �ersion of t�e Con�ention s�a�� e t�e �ersion in ��ic� t�e Contract is �ritten�

� ��ri� ��

TOR CISCO SmartNet Hardware Maintenance March 2020 Page 1 of 6

ANNEX B

Terms of Reference for CISCO SmartNet Hardware Maintenance 2020-2021

A. Introduction

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (hereinafter referred to as “the Commission”) desires to conclude a contract with the selected bidder (hereinafter referred to as “the Contractor”) for the provision of CISCO hardware maintenance based on the CISCO SmartNet Total Care package (section B below) and for on-site support services (section C below) for a term of one year initially, starting from 1 November 2020 through 31 October 2021, and two optional extensions (section D below). B. Hardware Maintenance (CISCO SmartNet Total Care)

(a) Minimum Requirements

The maintenance services shall include all services of a CISCO SmartNet Onsite 8x5x4 Package with onsite hardware replacement (eight hours a day, five days a week, four hours replacement-time), meeting the following minimum requirements: 1) Advance replacement of defective hardware with guaranteed delivery of replacement parts

from 9 a.m. to 5 p.m., Monday through Friday, within four hours replacement time. 2) Free availability of major and maintenance releases of CISCO IOS software via CCO

(CISCO Connection Online) for the Commission. 3) Access to CCO 24 x 7 x 365 for registered Commission’s staff members. 4) 24 x 7 x 365 access for Commission’s staff members to the CISCO TAC (Technical

Assistance Centre) for problem escalation. 5) The first level contact point for all maintenance and service issues for the Commission shall

be the CISCO Technical Assistance Center (TAC) and not the Contractor (i.e., not a local CISCO partner or reseller). The CISCO TAC shall be the single point of contact through which the Commission escalates any problems.

6) The service shall be performed under the sole responsibility of CISCO. To this end, the

Contractor shall conclude the standard CISCO SmartNet contract, meeting the minimum requirements set out above, with CISCO on behalf of the Commission.

(b) Alternative Proposals Contractor-based alternative maintenance solutions will not be accepted. The minimal requirements described above shall be fulfilled by the Contractor. In particular, a CISCO SmartNet package agreement must be concluded with Cisco on behalf of the Commission


(c) Scope of the Maintenance Services (firm) The following hardware items shall be covered by CISCO SmartNet on-site 8x5x4 hardware maintenance: Item/Device CISCO Hardware

Description Serial Number Location

Catalyst 4506 WS-C4506-E FXS1849Q4FN VIC

Catalyst 4506 WS-C4506-E FXS1849Q2R0 VIC

Catalyst 4506 WS-C4506-E FXS2041Q00T VIC

Catalyst 4506 WS-C4506-E FXS2044Q2A4 VIC

Catalyst 4507 WS-C4507-E FXS2050Q1H9 VIC

Nexus 5000 N5K-C56128P FOC1948R1DF VIC

NXA-PAC-1100W-B ART193720R1 VIC

NXA-PAC-1100W-B ART193720RR VIC

N2200-PAC-400W LIT200211S3 VIC

Nexus 5000 N5K-C56128P FOC195232GK VIC

NXA-PAC-1100W-B ART193720QV VIC

NXA-PAC-1100W-B ART193720RT VIC

N2200-PAC-400W LIT200211SK VIC

FEX N2K-C2348TQ-10GE FOC1903R1BG VIC

FEX N2K-C2348TQ-10GE FOC2004R06Z VIC

FEX N2K-C2348TQ-10GE FOC2032R0RA VIC

FEX N2K-C2348TQ-10GE FOC2022R0LG VIC

FEX N2K-C2348TQ-10GE FOC2023R1KF VIC

FEX N2K-C2348TQ-10GE FOC1952R0M3 VIC

FEX N2K-C2348TQ-10GE FOC2004R07A VIC

FEX N2K-C2348TQ-10GE FOC2004R04N VIC

FEX N2K-C2348TQ-10GE FOC2023R14T VIC


FEX N2K-C2348TQ-10GE FOC2151R1R8 VIC

FEX N2K-C2348TQ-10GE FOC2151R1RY VIC


FEX N2K-C2348TQ-10GE FOC2151R0LB VIC



FEX N2K-C2348TQ-10GE FOC2139R0U5 VIC



FEX N2K-C2348TQ-10GE FOC2352R1DL VIC

FEX N2K-C2348TQ-10GE FOC2352R1EA VIC

FEX N2K-C2348TQ-10GE FOC2352R1DP VIC

FEX N2K-C2348TQ-10GE FOC2352R14E VIC

FEX N2K-C2348TQ-10GE FOC2352R1DU VIC

FEX N2K-C2348TQ-10GE FOC2352R1EN VIC

FEX N2K-C2348TQ-10GE FOC2352R1DV VIC

FEX N2K-C2348TQ-10GE FOC2352R1DN VIC

FEX N2K-C2348TQ-10GE FOC2352R1DH VIC

FEX N2K-C2348TQ-10GE FOC2352R1HB VIC

ASR 9001 ASR-9001-S FOC1817N220 VIC

A9K-MPA-20X1GE FOC1818NESX VIC

ASR 9001 ASR-9001-S FOC1812N57M VIC

A9K-MPA-20X1GE FOC1820N2RQ VIC

Cisco 3945 CISCO3945/K9 FCZ2026B0RW VIC

Cisco 3945 CISCO3945/K9 FCZ2026B0RZ VIC

Cisco 3945 CISCO3945/K9 FCZ202640MC VIC

Cisco 3945 CISCO3945/K9 FCZ202640MF VIC

Catalyst 2960S WS-C2960S-24TS-L FOC1631W4X1 VIC

Catalyst 3850X-12S WS-C3850X-12S-S FOC2114X0QD VIC

ASA 5545 CISCO ASA5545 FTX2116W0VZ VIC

ASA 5545 CISCO ASA5545 FTX2116W0VX VIC

SNS 3515 + ISE SNS-3515+ISE-BSE-2500 FCH2226VBSM VIC

SNS 3515 + ISE SNS-3515+ISE-BSE-2500 FCH2226VBK5 VIC

WLC 5520 WLC 5520 FCH2118V0ZF VIC

WLC 5520 WLC 5520 FCH2133V28V VIC

Prime Prime FCH2127V1CD VIC

Aironet 2601 AIR-SAP2602I-E-K9 FCZ180480Y0 VIC

UCSC-C220-M4S UCSC-C220-M4S FCH2108V0JS VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223712PH VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223900A9 VIC

UCSC-C220-M5SX UCSC-C220-M5SX WZP223712MP VIC


UCSC-C220-M5SX UCSC-C220-M5SX WZP223712LR VIC


Catalyst 3650-48 WS-C3650-12X48UR FDO2308R00Z VIC


Catalyst 3650-48 WS-C3650-12X48UR FDO2308V00Q VIC


Catalyst 3650-24 WS-C3650-8X24UQ FDO2318R06T VIC

Catalyst 3650-24 WS-C3650-8X24UQ FDO2318R070 VIC


ISR 4451 ISR4451-X/K9 FCZ2344M043 VIC

ISR 4451 ISR4451-X/K9 FCZ2344M045 Seibersdorf

Catalyst 4510 WS-C4510R+E FXS2314Q3RX Seibersdorf

Catalyst 4510 WS-C4510R+E FXS2314Q3RP Seibersdorf


(d) Addition and reduction in the scope of maintenance services (optional) (1) The Commission shall have the right, but not an obligation, to add new items to the list in

part (c) above by giving written notice. Such items shall, at the minimum, include equipment in the following categories:

(i) LAN switches (ii) Routers (iii) Wireless LAN access points and controllers (iv) Cisco Identity Services Engine(ISE) (v) Cisco Adaptive Security Appliance(s) (vi) Cisco Nexus

(2) To simplify the administration of SmartNet coverage, the Commission desires as much as

possible that if a new item is added, the Maintenance Period for the new item shall be synchronized with the start and end dates of the Maintenance Period for existing items in the list in Section B(c) above. If possible, the coverage for a new item that begins inside a Maintenance Period (i.e., between 1 Nov. of one year and 31 Oct. of the following year) shall end on the next 31 Oct. if it is possible to have a fraction of a year, or on 31 Oct. of the next year after that (i.e., a term of more than 12 months). The Bidder shall propose which terms are available under standard SmartNet terms. If a new item is covered until 31 Oct. of the next year, or more than 12 months, this does not mean an automatic optional extension of the contract as provided in Clause D.

(3) At each optional renewal provided for in Section D, the Commission shall have the right to

terminate maintenance services and thereby remove any item from the list in Section (B(c). The Commission shall inform the Contractor of the removal of an item as part of the notice of renewal to the Maintenance Period provided for in Section (D).

(e) Acceptance Delivery of the maintenance services is considered complete if and only if the correct contract registration can be verified on-line at the CISCO TAC, using an already existing Commission’s UID of the Commission staff responsible for this project, and a hardware maintenance case can be opened at the CISCO TAC for all hardware serial numbers as specified above. C. On-site Support Services (a) One (1) person-day (firm) Any time during the initial Maintenance Period, the Commission will request through written notification on-site support at the Commission’s premises at the Vienna International Centre, Wagramerstrasse 5, 1220 Vienna, Austria, for one (1) person-day (8 hours, weekdays from 9:00 am - 5:00 pm Vienna local time in one single visit) of a CISCO Certified Internet Engineer


(CCIE) to support the implementation of complex configuration changes, software updates, or other modifications which are considered critical by the Commission. (b) Additional person-days (optional) The Commission shall have the right to request up to five (5) additional person-days for on-site support services referred to in section C (a) above. The on-site support services will be exercised through written notification by the Commission. D. Maintenance Period CISCO SmartNet hardware maintenance shall be provided for a period of one year from 1 November 2020 to 31 October 2021. The Commission shall have the option to extend the firm and optional services for one year at a time up to a maximum of two optional extensions at the same conditions defined in the Contract. E. Contractor’s Qualification The Contractor shall qualify as a CISCO Gold Partner.

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

VENDOR PROFILE FORM (VPF) – FOR PRODUCTS/SERVICES/WORK

1. Name of Company:

2. Street Address:

3. Telephone:

P.O. Box: City:

4. E-Mail:

Zip Code: Country:

5. Website:

6. Contact Person: Title: 7. Legal Status (e.g. Partnership, Private Limited Company, Government Institution) 8. Year Established:

9. Number of Employees:

10. Gross Corporate Annual Turnover (US$m)*: 11. Annual Export Turnover (US$m)*:

12. Type of Business/Products: Manufacturer Sole Agent Supplier Other (please explain) 13. Type of Business/Services/Work: Engineering Civil Work Governmental Institution Other (please explain) 14. References (your main customers, country, year and technical field of products, services or work): **

15. Previous Supply Contracts with United Nations Organizations (over the last 3 years)** Organization: Value in US$ Equivalent: Year: Organization: Value in US$ Equivalent: Year: 16. Summary of any changes in your company’s ownership during the last 5 years:

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

Vendor Profile Form Page 2 of 2

17. List of Products/Services/Work offered:

Product/Service/Work # Product/Service/Work Description

18. This section shall be signed and stamped by an official legally authorized to enter into contracts on behalf of your organization:

Name: Title: Signature: Date: Bank Details

Bank Name:

Bank Address:

Exact Account Holder Name:

Beneficiary Details

Beneficiary Name: (exactly as stated on bank statements)

IBAN: (if applicable)

Account number:

SWIFT/BIC:

ABA/Sort Code:

Additional Details (if applicable)

Correspondent bank:

Correspondent account number: Correspondent SWIFT/BIC:

Tax Identification Number:

FOR CTBTO USE ONLY Evaluated By: Initials Date:

Updated By: Initials Date:

Remarks:

CTBTO Member States

Afghanistan Albania Algeria Andorra Angola Antigua and

Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African

Republic Chad Chile China Colombia Comoros Congo Cook Islands Costa Rica Cote d'Ivoire Croatia Cyprus Czech Republic Democratic

Republic of the Congo

Denmark Djibouti

Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hungary Iceland Indonesia Iran, Islamic

Republic of Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao People's

Democratic Republic

Latvia Lebanon Lesotho

Liberia Libya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mexico Micronesia,

Federated States of

Monaco Mongolia Montenegro

Republic of Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Macedonia

Republic of Norway Oman Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Republic of Niue Romania Russian Federation Rwanda

Saint Kitts and Nevis Saint Lucia Saint Vincent and

the Grenadines Samoa San Marino Sao Tome and

Principe Senegal Serbia, Republic of Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands South Africa Spain Sri Lanka Sudan Suriname Sweden Switzerland Tajikistan Thailand Timor-Leste Togo Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab

Emirates United Kingdom United Republic of

Tanzania United States of

America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe

STATEMENT OF CONFIRMATION On behalf of (name of firm or organization): _______________________________, I hereby attest and confirm that: a) The firm/organization possesses the legal status and capacity to enter into legally binding

contracts with the Commission for the supply of equipment, supplies, services or work.

b) The firm/organization is not insolvent, in receivership, bankrupt or being wound up, and not under administration by a court or a judicial officer, and that it is not subject to the suspension of its business or legal proceedings for any of the foregoing reasons.

c) The firm/organization has fulfilled all its obligations to pay taxes and social security contributions.

d) The firm/organization has not, and that its directors and officers have not, within the last five years been convicted of any criminal offense related to professional conduct or the making of false statements or misrepresentations as to their capacity or qualifications to enter into a procurement or supply contract.

e) The Commission, in the event that any of the foregoing should occur at a later time, will be duly informed thereof, and in any event, will have the right to disqualify the firm/organization from any further participation in procurement proceedings.

f) The firm/organization did not/will not attempt to influence any other bidder, organization,

partnership or corporation to either submit or not submit a proposal/bid/quotation;

g) The firm/organization will not, in the absence of a written approval from the Commission, permit a person to contribute to, or participate in, any process relating to the preparation of a Quotation/Bid/ Proposal or the procurement process if the person:

a. at any time during the 12 months immediately preceding the date of issue of the

Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. at any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.

h) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) have been identified on, or associated with any individual, groups, undertakings and entities identified on, the list established pursuant to the UN Security Council Resolution 1267 (Consolidated Sanctions List).1

i) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) are subject to any form of sanction imposed by an organization or body within the United Nations System, including the World Bank.

1 The Consolidated United Nations Security Council Sanctions List can be found on the following website: https://www.un.org/securitycouncil/content/un-sc-consolidated-list

j) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any), is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, 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.

k) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) will use the funds received under contracts/purchase orders with the Commission to provide support to individuals, groups, undertakings or entities associated with terrorism.

l) The prices in the firm/organization’s proposal/bid/quotation have been arrived at

independently, without consultation, communication or agreement with any other interested companies, competitor or potential competitor with a view to restricting competition.

m) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings, if it offers, gives or agrees to give, directly or indirectly, to any current or former staff member of the Commission a gratuity in any form, an offer of employment or any other thing of service or value, as an inducement with respect to an act or a decision of, or a procedure followed by, the Commission in connection with a procurement proceeding.

n) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings if it does not disclose to the Commission any situation that may appear as a conflict of interest, and if it does not disclose to the Commission if any official or professional under contract with the Commission have an interest of any kind in the firm/organization’s business or any kind of economic ties with the firm/organization.

Name (print): _________________________ Signature: _______________________ Title/Position: ________________________ Place (City and Country): _______________________ Date: ________________________

CONFIDENTIALITY UNDERTAKING [NAME OF THE BIDDER]………………………………………………………………... as a bidder for ……………………………………………… (the Project) under Invitation To Bid No. 2020-0036/Jibril (hereinafter referred to as the “ITB”) issued by the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (hereinafter referred to as the “Commission”), hereby undertake to abide by the following: In respect of any documentation, data or information, whether written, oral or otherwise, provided by the Commission to [NAME OF THE BIDDER]………………………………………………………………... for the purpose of preparing and submitting a bid for the Project, including the documentation contained in the RFP (the “Information”), ………………………………………………………………… 1. acknowledges that the Information may contain proprietary information of the

Commission which is shared with [NAME OF THE BIDDER] ………………………………………………………………... for the sole purpose of the Project and subject to the terms and conditions set forth in this Undertaking;

2. will not copy and/or reproduce or permit the copying and/or reproduction of the

Information, including technical and/or commercial information contained therein, other than for the purpose of preparing the proposal for the Project;

3. will not provide or disclose or permit the provision or disclosure to any legal or natural

person, either directly or indirectly, of the Information and of any other information/documentation related to the activities of the Commission or of third parties which it may acquire as part of the procurement process for the Project, unless with the prior written consent of the Commission;

4. will not use the Information for any purposes other than for the preparation of a

proposal for the Project; 5. agrees to return to the Commission or otherwise destroy all documentation received and

any electronic records thereof, upon receipt of the Commission’s notice advising the results of the procurement process for the Project;

6. agrees that the Commission shall be a beneficiary of this Undertaking and shall be

entitled to pursue legal action against [NAME OF THE BIDDER]………………………………………………………………...in the event of any breach of the undertakings set forth herein.

7. agrees that the obligations contained in this Undertaking will remain valid and do not

lapse after the Commission’s notice referred to in paragraph 5 above. 8. agrees that the cancellation of the procurement process for the Project shall not affect

the obligations under this Undertaking towards the Commission or towards the relevant third party.

……………….…………………………………. [Name, position, signature, date signed]