Country: Somalia
Closing date: 22 May 2017
NVITATION TO BID (ITB)
LRPS-2017-9131120 Date: 10th April 2017
UNITED NATIONS CHILDREN'S FUND (UNICEF)
Wishes to purchase…
The Services of ENVIRONMEANTAL AND SOCIAL EXPERT FIRM
“SUPPORT TO STRENGTHENING HEALTH SYSTEMS IN PUNTLAND (SSHSP 2017-19)
SEALED offers should be sent (a) via post to
UNICEF Somalia Support Centre
P.O. Box 44145, 00100, Nairobi, Kenya.
Attention: Nana Essah (Chief of Supply and Logistics)
OR
(b) Physically submitted at
UNICEF Somalia Support Centre
Block Q, UNON Compound
Gigiri, Nairobi, Kenya.
LRPS-2017-9131120
Attention: Nana Essah (Chief of Supply and Logistics)
Call telephone numbers +254 722-995703 or +254 721-642990
OR
(c) Electronic offers should be sent via email submitted at
IMPORTANT - ESSENTIAL INFORMATION
The reference LRPS-9131120 must be shown on the envelope containing the offer.
Bid form and schedule(s) must be used when replying to this invitation. You are welcome to enclose your own [specifications / terms of references] etc., if necessary.
Offers must be received by latest 11.00am on 22nd May 2017.** Bids received after the stipulated date and time will be invalidated. Bids received after the stipulated date and time will be invalidated.
There will be no public opening.
It is important that you read all of the provisions of the bid to ensure that you understand UNICEF’s requirements and can submit an offer in compliance with them. Note that failure to provide compliant offers may result in invalidation of your bid.
THIS INVITATION TO BID HAS BEEN:
Prepared by: Bethany Mann Approved by: Nana Essah
(To be contacted for additional information, NOT FOR SENDING OFFERS)
E-mails: nessah@unicef.org / bmann@unicef.org
TABLE OF CONTENTS
ANNEX IINSTRUCTION TO BIDDERS/PROCEDURES AND RULES. 3
ANNEX II –TERMS OF REFERENCE.. 13
ANNEX III – DETAILED PROJECT SCOPE.. 20
ANNEX IV – WORKFLOW DIAGRAM.. 23
ANNEX V – RETURNABLE BIDS FORMS. 24
SECTION A: TECHNICAL PROPOSAL. 25
SECTION B: FINANCIAL PROPOSAL. 27
SECTION C: POST-QUALIFICATION DOCUMENTS FORMS. 28
ANNEX VI - GENERAL CONDITIONS OF CONTRACT / ESSENTIAL COMPONENTS OF THE CONSULTING CONTRACT.. 37
ANNEX VII – UNICEF GENERAL TERMS AND CONDITIONS OF CONTRACT.. 40
ANNEX I INSTRUCTION TO BIDDERS/PROCEDURES AND RULES
1.0ORGANISATIONAL BACKGROUND
UNICEF is the agency of the United Nations mandated to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. Guided by the Convention on the Rights of the Child UNICEF strives to establish children’s rights as international standards of behaviour towards children. UNICEF’s role is to mobilise political will and material resources to help countries ensure a “first call for children". UNICEF is committed to ensuring special protection for the most disadvantaged children.
UNICEF carries out its work through its headquarters in New York, 8 regional offices and 125 country offices world-wide. UNICEF also has a research centre in Florence, a supply operation based in Copenhagen and offices in Tokyo and Brussels. UNICEF’s 37 committees raise funds and spread awareness about the organization’s mission and work.
2.0PURPOSE OF THE RFP
The purpose of this RFP is to invite interested bidders to participate in a Request for Proposal (RFP) for the “SUPPORT TO STRENGTHENING HEALTH SYSTEMS IN PUNTLAND (SSHSP) 2017-2019. The aim is to identify a suitable Firm and establish an institutional contract for the provision of technical expertise to UNICEF to conduct feasibility studies and overall planning for various health construction works.
3.0LANGUAGE OF THE BID
The Language of the Bid must be written in English. If the bid is submitted in another language other than English, it shall be deemed invalid.
4.0ELIGIBLE BIDDERS
4.1 A Bidder shall:
Have the legal capacity to enter into a contract;
Not be insolvent, in receivership, bankrupt or being wound up, not have had their business activities suspended and not be the subject of legal proceedings for any of the foregoing; and
Have fulfilled their obligations to pay taxes according to the laws of the Somalia (if local firm).
4.2 In order to demonstrate compliance with the criteria in RFP sub-clause 4.1 above, a bidder shall submit with its bid either:
Its certificate of registration from the mandated public body demonstrating its registered supplier status; and
Appropriate documentary evidence demonstrating its compliance, which shall include:
Its trading license or equivalent;
Its tax clearance certificate and VAT registration, and
Any relevant professional practice certificates.
4.3 A bidder shall be required to obtain a certificate of registration from the mandated public body referred to in RFP Sub-Clause 4.2, demonstrating registered supplier status, as a condition of contract award.
5.0EXCLUSION FROM AWARD CONTRACTS
Contracts will not be awarded to bidders, who during the procurement procedure are subject to conflict of interests.
UNICEF must ensure that on the date on which the tender is submitted , no bidder is subject to conflict of interest , such conflict of interest could arise in particular as a result of economic interest or family ties.
Bidders have therefore an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of UNICEF. Bidders are also required to specify whether their companies includes among its staffs or shareholders current employee/s of UNICEF.
6.0FORECAST SCHEDULE
The schedule of the contractual process is as follows: Closing date and time for submission of full proposal: 11.00am on 22nd May 2017**
7.0RFP CHANGE POLICY and CLARIFICATIONS
Requests for clarifications can be sent but no later than fourteen calendar days prior to the deadline for submission. All requests for formal clarification or queries on this RFP must be submitted in writing to Nana Essah or Bethany Mann, via e-mail at nessah@unicef.org and bmann@unicef.org. Please ensure that the e-mail mentions the RFP reference number.
Only written inquiries will be entertained. Please be informed that if the question is of common interest, the answer will be shared with all potential RFP bidders.
Erasures or other corrections in the proposal must be explained and the signature of the applicant shown alongside. All changes to a proposal must be received prior to the closing time and date. It must be clearly indicated that it is a modification and supersedes the earlier proposal, or state the changes from the original proposal. Proposals may be withdrawn on written request received from bidders prior to the opening time and date. Bidders are expected to examine all instructions pertaining to the work. Failure to do so will be at bidder’s own risk and disadvantage.
8.0RFP RESPONSE
8.1 Bid Forms and Proposal documents
The completed and signed Bid Forms must be submitted in accordance to the instructions in sections 8.2 and 8.3. This RFP is essentially a three stage tender comprising a Technical, Financial and Post qualification component. All proposals received by mail or email prior to the stated closing time and date will be kept unopened. The responsible officers will open technical proposals at the specified time. No proposal received after the stated time will be considered. UNICEF will accept no responsibility for the premature opening of a proposal not properly addressed or identified. Any delays encountered in the mail delivery will be at the risk of the bidder.
Offers delivered at a different address or in a different form than prescribed in this RFP, or which do not respect the required confidentiality, or received after the designated time and date, will be rejected.
All references to descriptive materials should be included in the appropriate response paragraph, though the material/documents themselves may be provided as annexes to the proposal/response.
The bidder must also provide sufficient information in the proposal to address each area of the Proposal Evaluations contained in Sections 9 – 10, to allow the evaluation team to make a fair assessment of the candidates and their proposal.
8.2 RFP Response Format: Submissions by mail/hand
Full proposals should be submitted in ENGLISH and must be received not later than 11.00am on 22nd May 2017** in one (1) original and two (2) copies, duly signed and dated.
Bidders must submit their sealed proposal, with the Bid Submission Form and three separate sealed envelopes enclosed as follows:
Inner envelope (1) Technical Proposal only and should be marked with:
Name of company, LRPS-2017-9131120 Technical Proposal
Inner envelope (2) Price Proposal only and should be marked with: Name of company, LRPS-2017-9131120 Price Proposal
Inner envelope (3) Post-Qualification only Name of company, LRPS-2017-9131120- Post-Qualification
Sealed Envelope (4): A larger envelope in which envelopes 1 and 2 and 3 and returnable Bid Form 1, are enclosed and sealed
Sealed proposals must be securely closed in suitable envelopes and dispatched to arrive at the UNICEF office indicated no later than the closing time and date. They must be clearly marked as follows:
Outer Envelope: UNICEF SOMALIA Support Centre
Address: Block Q, UNON Compound, Gigiri, Nairobi, Kenya.
Proposals received in any other manner will be invalidated.
If Bidders are submitting their bids in person, they are requested to provide details (Name and ID No) of persons delivering the bids one day in advance to email somsupply@unicef.org to facilitate clearance in to the UN Complex.
8.3 RFP Response Format: Submissions by Email
The tender may be sent by email only to the following email address: SomaliaTenders@unicef.org
The tender must be submitted in PDF format and in four SEPARATE folders labelled as follows:
- Bid Submission Form
- Technical Proposal (including Bid Forms 2 - 6)
- Financial Proposal (including Bid Forms 7)
- Post Qualification Documents including Bid Forms 8-14)
The email with the tender shall contain only the following information in the subject line:
The tender reference, a short Description and the deadline date.
For example: LRPS-2017-9131120Feasibility Study May 2017
UNICEF will send an automatic reply via email once your email has been received.
You are required to resend your tender if you do not receive confirmation
It is a good idea to compress or ‘zip’ your response to save space and reduce upload time. It is strongly recommended to do this if your file(s) are in excess of 10MB in total.
UNICEF reserves the right to reject without further evaluation tenders arriving received in the inbox after he deadline, or those which have been submitted to the wrong email address or which use the wrong heading. By submitting a tender the Tenderer accepts all the terms and conditions set out in the Invitation to Bid and Bid Specifications including the annexes.
9.0BIDDER RESPONSE
9.1 Formal submission requirements
The formal submission requirements as outlined in this Request for Proposal must be followed, e.g. regarding forms and timing of submission, marking of the envelopes, no price information in the technical proposal, etc.
9.2 Mandatory criteria
All mandatory (i.e. must/have to/shall/should) criteria mentioned throughout this Request for Proposal have to be addressed and met in your proposal.
9.3 Site Visit
An on-site information visit is not mandatory and if conducted the bidder does so at their own expense and risk.
9.4 Signed Bid Submission Form
Returnable Bid Form 1: Bid Submission Form
The Bidder must fill in, sign and complete the Bid Submission Form.
9.5 Technical Proposal
The technical proposal should address all aspects and criteria outlined in the Request for Proposal, especially in its statement of work. The technical proposal should include in the following sequential order:
Returnable Bid Form 2: Approach and Methodology
Include a description of the approach, methodology and implantation strategies describing how the Bidder proposes to execute and deliver the services to a high standard and in a timely manner.
Returnable Bid Form 3: Staffing Strategy
Include the estimated number and composition of the proposed staff team and identify the tasks/roles which would be assigned to each.
Finally attach a proposed Staffing Schedule, showing estimates of the total staff input to be provided to carry out the Assignment. Include an Explanation of the task of each member of the team. The overall schedule should account for envisaged back-up services from head office i.e. admin, finance support staff. The staffing schedule should correspond to the work plan and take into account the deadline for deliverables.
Returnable Bid Form 4: Key Personnel
Attach CVs of the proposed key professional staff. Key information should include number of years with the firm, and degree of responsibility held in various assignments during the last five (5) years. It is desirable that the majorities of the key professional staff are permanent employees of the bidder or have an extended and stable working relationship with the bidder.
Returnable Bid Form 5: Workplan
A detailed work schedule in the form of a Gantt chart showing the timing proposed for each activity, which must be consistent with the methodology and work plan described in the proposal.
Returnable Bid Form 6: References
Include two (2) references from past projects, clients, employers that must be from the past five (5) years. References should be written not verbal but include a contact phone number for further follow up if required. All references should highlight the subject’s capacity, ability and appropriateness for the project and associated tasks.
Refer to Annex V Section A for a list of all returnable bid forms.
However, all these requirements represent a wish list from UNICEF. The bidders are also free to propose other solutions. UNICEF welcomes new ideas and innovative approaches.
NO PRICE INFORMATION SHOULD BE CONTAINED IN THE TECHNICAL PROPOSAL.
9.6 Price Proposal
The Bidder will refer to Returnable Bid Form 7: Financial Bid Proposal guides/templates, for a list of templates and returnable bid forms to be filled in as directed.
The financial proposal shall list all costs associated with the assignment taking into account the Scope of Works and key deliverables. All costs are to be listed in USD. The price proposal shall be structured to show the Firm’s cost of staff and the cost of key tasks/activities. Information needed in the price proposal is listed below:
Fees for Personnel: For all proposed key staff should be shown separately according to expert personnel monthly rate[1], foreign allowance, subsistence and accommodation costs at place of service). Daily and Monthly rates should be shown keeping in mind the estimated project timeline.
Admin Fees: Include in this section any costs for travel that the Firm believes will be incurred during the project i.e. Transport costs between the home country and the country of service, Local transport costs and office costs in the country of service.
Fees for Tasks: Include prices for the completion of key tasks the Firm believes will be required as part of the assignment such as reports, drawings, acquisitions etc.
Any Additional Costs: Other costs (generally these can only be costs for sub-contracting, leasing equipment, laboratory tests, drilling etc.); specific reasons must be given for any other listed costs.
However, all these requirements represent a wish list from UNICEF. The bidders are also free to propose other solutions. UNICEF welcomes new ideas and innovative approaches.
9.7 Checklist for submission of Proposals
Loose/Folder (pdf) Bid form filled in and signed (Returnable Bid Form 1)
Envelope 1/ or Email Folder (zip file) for Technical Proposal
Technical proposal (Returnable Bid Forms2-6)
Technical proposal does not contain prices
Envelope is sealed
Envelope/Folder is marked as follows:
Name of company, RFP number - Technical Proposal
- Envelope 2 / or Email Folder (zip file) for Financial/Price proposal
Total Price proposal in USD (Bid Form 7)
Envelope is sealed
Envelope/Folder is marked as follows: Name of company, RFP number - price proposal
- Envelope 3 / or Email Folder (zip file) for Post-Qualification
Post-Qualification documents (Returnable Bid Forms 8-14)
Post-Qualification does not contain include prices
Envelope is sealed
Envelope is marked as follows:
Name of company, RFP number – Post-Qualification
- An outer envelope
Containing bid form, envelope for technical proposal, and envelope for price proposal envelope for post-qualification documents, Envelope is sealed
Envelope/Folder is marked as follows
Name of company……………….
RFP number………………
UNICEF Address ………….
10.0PROPOSAL EVALUATION
The award criteria that will be applied is the Cumulative Analysis evaluation (point system with weight attribution). Under the cumulative analysis scheme, a total score is obtained upon the combination of weighted technical and financial attributes. Where the technical criteria is given a higher weight, e.g. technical 70 and financial at 30 points.
First evaluation stage is the Technical evaluation, after the technical evaluation, only the Financial Proposals of firms that meet the minimum score mark in the technical proposal will be considered.
Finally the post Post-Qualification criteria will be applied to confirm the contents of the Technical and the Financial proposals. Bidders must meet the minimum pre-qualification pass/fail criteria to be qualified for award.
Award will be made to the bidder with the combined highest score (Technical + Financial).
- 1 Evaluation Method
UNICEF will award the contract to the vendor, whose response is clear and meets the projects goals. The contract awardee will be the bidder who receives the highest score based on the total score received overall for the technical and financial evaluation (See Section 10.2-10.3). The maximum score that can be achieved per bid is 100.
The price/cost of each of the technically compliant proposals shall be considered only upon evaluation of the above technical criteria. Technical Proposals that fail to meet the minimum score of 50 will be deemed not technically correct/compliant and these financial proposals will not be opened.
The bidders should ensure that all pricing information is provided in accordance with the following:
The currency of the proposal shall be in USD. Invoicing will be in the currency of the proposal. The bidder will suggest a payment schedule for the Contract, linked to unambiguous Contract milestones. All prices/rates quoted must be exclusive of all taxes as UNICEF is a tax-exempt organization.
10.2 The Technical Evaluation Criteria
The total maximum score allocated for the Technical proposal is 70 points. Only proposals which receive a minimum technical score of 50 points and above will be considered further. The financial proposals of those not meeting the 50 mark will be will be returned un-opened.
CATEGORY POINTS
No.
Category
Maximum Points
1.1
Overall response: completeness of response, overall concord between TOR requirements and the submitted proposal. Critical analysis of the project objective and the terms of reference
5
1.2
Proposed Methodology and Approach:
Implementation strategies, monitoring evaluation, quality control, technologies used, innovative approaches
20
1.3
Staffing Strategy: An appropriate staffing schedule that clearly outlines roles, responsibilities and management. It takes into account deliverables and timeline.
5
1.3.1
In addition to the requirements stated above, Bidders are also required to submit a corresponding task distribution matrix (indicating the responsibilities of each individual expert for each task or activity) at the beginning of the assignment.
5
1.4
Key Personnel: Qualifications of the personnel in the head office who will control and monitor the team, and provide back-up services, number and experience of key personnel and capabilities of proposed staffing schedule for field work.
20
1.5
Work plan: Work plan showing and approach of implementation of tasks details level of project planning and ability to meet deadlines.
15
Total Technical Score (maximum)
70
10.3 Price Evaluation
The total maximum score allocated for the price component is 30 points.
The maximum number of points will be allotted to the lowest price proposal that is opened and compared among those invited firms/institutions which obtain the threshold points in the evaluation of the technical component. All other price proposals will receive points in inverse proportion to the lowest price; e.g.:
Max. Score for price proposal * Price of lowest priced proposal
Score for price proposal X = -----------------------------------------------------------------------------------
Price of proposal X
Therefore the total maximum score for the Technical and Price Proposals: 100 Pts
11.0POST QUALIFICATION
This Request for Proposal includes a Post Qualification component which should be completed and
submitted simultaneously with the Technical and Financial proposals. The Post-qualification response
should include the following:
Returnable Bid Form 8: Conflict of Interest
The Declaration of Undertaking Form for the listed works, filled in correctly, signed and dated
Returnable Bid Form 9: Legal Status
Please insert valid registration/license and documents of incorporation as required.
Returnable Bid Form 10: General Experience
Include a brief description of the Supplier’s organization and company profile and general experience.
The firm should reference its current experience and the value of work undertaken.
Returnable Bid Form 11: Particular Experience
Applicants should demonstrate that they have carried out assignments of a similar nature, size and c
complexity to that of the project in question. Highlight recent experience on assignments of a similar
nature. For each assignment, the outline should indicate the duration, contract value, scope of work and
firm involvement. The Firm at a minimum should have provided similar services across (at minimum), 2 similar projects in the past 5 years.
Returnable Bid Form 12: Current Obligations and Pending Awards
The Firm should list any large ongoing obligations and/or pending contract awards.
Returnable Bid Form 13: Annual Turnover
List in terms of earning during the year, expressed in USD equivalent.
Returnable Bid Form 14: Financial Performance
Financial and economic capacity: Evidence of financial and economic capacity must be included in the
Bid Submission under and must be provided by means of one or more of the following documents:
Appropriate statements from banks
Most recent audited financial statement
Balance sheets or extracts from balance sheets for at least the last two years for which accounts have
been closed,
A statement of overall turnover concerning the services covered by the contract during the last three
financial years.
If the Firm is unable to provide sufficient evidence that they are financially and economically capable of undertaking the mobilization works required for the project, the bid will be deemed invalid (refer to
Section11, Bid Forms 12-14).
11.1. The Post-Qualification Evaluation Criteria
This Request for Proposal includes a Post Qualification component which should be completed and submitted simultaneously with the Technical and Financial proposals. The post qualification documents will be opened as the last step after both the Technical and Financial Evaluations have been carried out. The qualification documents will be evaluated according to the criteria specified under below.
Applicants will be evaluated against predefined and precise minimum requirements which, if not substantially met by the applicant, results in disqualification. A Pass/Fail criteria will apply.
UNICEF will verify the statements made by the applicants and will solicit information from past clients and financial institutions. The extent of verification will be limited to significant issues, applicants will be afforded the benefit of reasonable doubt. Only deviations from critical criteria caused by activities which occurred in the past, and which applicants therefore cannot change, shall be used as a basis for rejection of applicants.
The Post-Qualification Evaluation Criteria
No
Category
Description of Criteria
Score
1
Declaration of Undertaking /Conflict of Interest
Declaration of Undertaking. Completed conflict of interest form ( Annex V: Bid Form 8)
Must meet requirement
2
Legal Status
Provide Charter and registration /incorporation documents. For Joint venture agreements also. (Annex V: Bid Form 9)
Must meet requirement
3
General Experience
The applicant's general capabilities should be substantiated by reference to its
current, relevant experience and the value of work undertaken.
(Annex V: Bid Form 10)
Must meet requirement
5
Particular / Similar Experience
Applicants should demonstrate that they have carried out work of a nature, size and complexity similar to that of the project in question. ( Annex V: Bid Form 11)
Must meet requirement
6
Current Obligations and Pending Awards
Applicants should demonstrate ongoing obligations and/or pending contract awards. ( annex V: Bid Form 12)
Must meet requirement
7
Annual Turnover
In terms of earnings during the year, expressed in its equivalent of a defined currency, USD/ EUR. (annex V: Bid Form 13)
Must meet requirement
8
Financial Performance
Submission of audited balance sheets or if not required by the law of the applicant's country, other financial statements (Annex V: Bid Form 14)
Must meet requirement
12.0CONFIDENTIAL INFORMATION
Information, which the bidder considers proprietary, should be clearly marked "proprietary", if any, next to the relevant part of the text, and UNICEF will treat such information accordingly.
13.0RIGHTS OF UNICEF
UNICEF reserves the right to accept any proposal, in whole or in part; or, to reject any or all proposals. UNICEF reserves the right to invalidate any Proposal received from a Bidder who has previously failed to perform properly or complete contracts on time, or a Proposal received from a Bidder who, in the opinion of UNICEF, is not in a position to perform the contract. UNICEF shall not be held responsible for any cost incurred by the Bidder in preparing the response to this Request for Proposal. The Bidder agrees to be bound by the decision of UNICEF as to whether her/his proposal meets the requirements stated in this
14.0PROPOSAL OPENING
Due to the nature of this proposal there will be no bid public opening.
15.0 PROPOSAL EVALUATION
After the opening, each proposal will be assessed first on its technical merits and subsequently on its price. The proposal with the best overall value, composed of technical merit and price, will be recommended for approval. UNICEF will set up an evaluation panel composed of technical UNICEF staff and their conclusions will be forwarded to the internal UNICEF Contracts Review Committee.
The evaluation panel will first evaluate each response for compliance with the requirements of this RFP. Responses deemed not to meet all of the mandatory requirements will be considered non-compliant and rejected at this stage without further consideration. Failure to comply with any of the terms and conditions contained in this RFP, including provision of all required information, may result in a response or proposal being disqualified from further consideration.
16.0PROPERTY OF UNICEF
This RFP, along with any responses there to, shall be considered the property of UNICEF and the proposals will not be returned to their originators. In submitting this proposal the bidder accepts the present conditions for tender set-out in the present Instruction to Bidders and the implementation of these instructions (incl. the process of evaluation). The Bidder will also accept the decision of UNICEF as to whether the proposal meets the requirements stated in this RFP.
17.0VALIDITY
Proposal must be valid for a minimum of ninety (90) days from the date of opening of this RFP and must be signed by all candidates included in the submission. For proposals from institutions, the proposal must also be signed by an authorised representative of the institution. Bidders are requested to indicate the validity period of their proposal in the Proposal Form. UNICEF may also request for an extension of the validity of the proposal.
18.0RIGHTS OF UNICEF
UNICEF reserves the right to:
contact any or all references supplied by the bidder(s); request additional supporting or supplementary data (from the bidder(s)); arrange interviews with the bidder(s); reject any or all proposals submitted;
accept any proposals in whole or in part; negotiate with the service provider(s) who has/have attained the best rating/ranking, i.e. the one(s) providing the overall best value proposal(s);
contact any number of candidates as required to achieve the overall evaluation objectives.
19.0CONTRACTUAL TERMS AND CONDITIONS
The UNICEF Special and General Terms and Conditions are attached and will form part of any contract resulting from this RFP.
20.0FULL RIGHT TO USE AND SELL
The bidder warrants that it has not and shall not enter into any agreement or arrangement that restrains or restricts UNICEF or the recipient Governments rights to use, sell, dispose of or, otherwise, deal with any item that may be acquired under any resulting Contract.
21.0PAYMENT TERMS
Payment will be made only upon UNICEF’s acceptance of the work performed in accordance with the contractual milestones. The terms of payment are Net 30 days, after receipt of invoice and acceptance of work. Payment will be effected by bank transfer in the currency of billing. Financial proposals should include proposed stage payments.
Where any payment is made in advance of any deliverables as an advance payment, the payment shall be made against the provision by the Supplier of a bank guarantee for the same amount, and shall be valid for the period stated in the contract.
Should the advance payment guarantee cease to be valid and the Supplier fails to re-validate it, a deduction equal to the amount of the advance payment may be made by UNICEF from future payments due to the Supplier under the contract.
If a Contract is terminated for any reason, the guarantee securing the advance may be invoked in order to recover the balance of the advance still owed by the Supplier.
ANNEX II –TERMS OF REFERENCE
TERMS OF REFERENCE (TOR)
FOR ENVIRONMENTAL AND SOCIAL EXPERT
For the project:
SUPPORT TO STRENGTHENING HEALTH SYSTEMS IN PUNTLAND (SSHSP 2017-19)
SUMMARY
Title
Environmental And Social Expert
Purpose
To identify a suitable Environmental and Social Expert and establish an institutional or individual contract for the provision of technical expertise to UNICEF to draft an environmental and social management framework for various health construction works as part of the: Support to Strengthening Health Systems in Puntland (SSHSP 2017-19).
Location
Multiple Sites, Puntland, Somalia.
Duration
3 months
Start Date
April 2017
Reporting to
UNICEF, Supply and Logistics and UNICEF Health
Budget Code/WBS
N/A
Project / activity codes
N/A
Contract Modality
Institutional/Individual Contract (Open Competition)
1.0BACKGROUND
The Government of Puntland in partnership with UNICEF Somalia received funding from the German Government through German Bank for Reconstruction (KfW) towards the project titled Support to Strengthening Health Systems in Puntland (SSHSP 2017-19) with the aim of working towards the improvement of health services in Puntland.
The overall objective of the Project is to increase access to quality and affordable health care services for the population of Puntland both in the urban and rural centers. Even though concrete interventions have not been determined yet, it is thought that the Project will involve, among others, establishment of two (2) Hospitals in Garowe and Galkacyo, two (2) Regional Health Offices (RHO) in Garowe and Galkacyo and the renovation and rehabilitation of 5 district hospitals and 20 Health Centre’s (HC) including the supply and installation of all medical equipment and furniture (Please refer to Annex III for a more detailed project background).
1.1 The Feasibility Study:
A feasibility study will be conducted to identify the most urgent needs based on the data from the World Health Organisation’s (WHO) Health Facility Assessment and other research. The Feasibility Study will deliver the necessary information to enable all stakeholders (UNICEF, MoH, KfW) to prioritize infrastructure activities based on technical aspects, costs and the potential impact of the activity. In addition, the Feasibility Study will look at all health facilities in the programme area and will then make recommendations regarding how many hospitals, health centers etc. are to be rehabilitated and where. The Feasibility Study will ensure that facilities in which services are provided by the project will be preferred for rehabilitation and upgrading, thus linking infrastructure activities and service delivery.
For an expanded understanding of the expected works involved refer to Annex III – Detailed Project Scope.
2.0 OBJECTIVE OF THE ASSIGNMENT
The objective of the Expert’s assignment is to assess the environmental, social and climate impacts during the Planning phases for all Health Facilities in order to support the construction of sustainable, economic and social infrastructure. The objective of the Assignment is to anticipate any foreseeable impacts and risks the project may have on the environment including social factors (i.e. human rights), the climate etc. and to identify and prevent any adverse impacts and risks (or minimise them to an acceptable level) and introduce mitigation and/or compensation measures as necessary.
The Expert will be a member of the Feasibility Assessment Team and will work specifically with the Architecture and Engineering Firm and together liaise with other teams during the assessment. The Firm’s primary role in the Team will be to assess all the rehabilitative construction components and identify the potential environmental and social risks. The Expert will make recommendations on mitigation and implementation strategies with the aim of avoiding adverse environmental, social and climate impacts/risks.
2.1 FEASABILTIY STUDY OVERVIEW
The Feasibility Study in question is for Construction Projects. Feasibility studies (in the context of this project), are preliminary investigations undertaken in the very early stage of a project. It is carried out when a project is large or complex. The study collates the details needed to determine whether the project is viable and if any conditions need to be met before investment/funding is secured. The Feasibility Study forms a strong base upon which the scope and strategy of the project can be developed by the stakeholders. This feasibility study will:
Justify the feasibility of an intervention by discussing technical alternatives, sketches of such alternatives, corresponding cost estimates and a conclusion recommending the preferred solutions.
To visit, select and identify all sites and define the scope of works accordingly working within the overall project budget.
Be presented in a way that allows for a prioritization of alternatives based on costs, technical aspects, possible impacts etc.
Be presented in a structured way so the client can decide whether or not to proceed to the next stage. Wherever possible, any information prepared or obtained should be in a format which can be readily shared and used and should be stored and named in a way consistent with the long-term project and operational needs.
The key deliverable will be a Final Feasibility Study Report that presents a narrative of options discussed, highlights the final options selected and proposes a way forward for the next phase. The Feasibility Study will be conducted by a team of experts including: Bio-Medical Engineering Firm, Local Engineer’s/Architects and a Health Planning Specialist Firm. At the mobilisation (first week) of the Feasibility Study the team will submit an implementation plan for approval to the client outlining all project deliverables, persons responsible for each task, proposed meetings/presentations, key dates and draft deadlines.
3.0 KEY PLAYERS
The Firm will be expected to work effectively with all stakeholders and members of the Feasibility Assessment Team, including but not limited to: Puntland Government Representatives, Ministry of Health (MOH), UNICEF Health Programme, Health Specialist Planning Consultants, UNICEF Supply Engineer, World Health Organisation (WHO) RepresentativeNGO’s, implementing partners and local stakeholders, KfW representatives amongst others.
4.0 PROJECT IMPLEMENTATION STRATEGY
The Health Planning Specialist Firm will have the overall responsibility for providing the complete consolidated Feasibility Study Report, so the Environmental and Social Expert is expected to provide input across the initial planning phase titled ‘Feasibility Studies’ and work with other service providers as required. For the purpose of clarification, a diagram has been inserted (see Annex IV) where the Environmental and Social Expert is listed as ‘Service Contract 8’. Also Refer to Section 6.0 for timeline requirements. Bidders are required to submit a corresponding task distribution matrix (indicating the responsibilities of each individual expert for each task or activity) at the beginning of the assignment.
5.0 SCOPE OF WORK
During the Feasibility Assessment Phase, it is anticipated that all projects sites and scopes are assessed, including the assessment of environmental and social risks and potential impacts and then strategically planned for. It is expected that during this phase: the various services to be delivered (i.e. departments) are identified, medical scopes are defined, project capacities are calculated, interrelations between capacities and equipment scheduled, square metre requirements are tabled, detailed project scopes finalized and environmental and social risks/impacts tabled. The Expert will hold primary responsibility for drafting of the Project’s environmental and social management policies and tools associated with the proposed interventions, in the output of an Environmental and Social Management Framework (ESMF) (See Section 5.1 for more information).
Her/his role will include, amongst others, the following tasks:
Task 1: Feasibility Study: Liaison with a cross functional Team
a) Liaison with the Feasibility team members comprising the Health Planning Specialist, the Government and UNICEF personnel to ensure alignment of inputs, medical scope, function, and the interrelations between impacts, risks and opportunities.
b) During Mobilisation (week 1) the Feasibility team members will draft and submit to UNICEF for approval, a collated work plan outlining key draft and final deliverables dates for all works. This will become the main work plan for the feasibility studies reporting and submission key deadlines. Works should not begin until this work plan is finalized and approved by the Project Coordinator.
Task 2: Site Assessment
a) Visit all possible locations and sites for construction in close consultation with programme staff and relevant government authorities ensuring that the needs and project brief are fully understood.
b) During site visit, undertake initial environmental and social risk screening for construction and operation of facilities. Submit these findings to the Health Specialist Firm.
Task 3: Research and Documentation Review
The Expert must work with the Health Planning Specialist Firm (see Annex IV) to ensure the recommendations put forward falls within the Overall concept for Health Facilities Scope.
a) Working with the Feasibility Assessment Team, examine the proposed scope of all Health Facilities and define the relevant range of environmental and social factors to investigate.
b) Where necessary make recommendations on the suggested project scope to ensure that potential negative environmental and social impacts are minimized, while striving to enhance benefits for local communities.
c) Identify the environmental and social risks related to the construction and operation of proposed facilities and identify the corresponding potential environmental and social impacts.
d) Discuss risk factors and propose mitigation strategies, evaluate the project and propose environmental and social mitigation strategies to put in place. Risk screening, impact identification and mitigation measures shall cover risks related to land acquisition and any physical or economic displacement of local population and risks related to construction activities (i.e. labor and working conditions, occupational health and safety, public health and safety).
e) Work with the local communities, NGO’s (implementing partners, the MOH and the Health Planning Specialist Firm, to clarify and confirm services to be delivered by the facilities and the corresponding social, environmental and logistical factors.
f) Advise on contextually relevant and suitable environmental and social solutions to be adopted on the project/s that support the local context and bear in mind the future impacts.
g) Study local Standards and Specifications (where relevant for proposed project preparation, construction and operation), for environmental sustainability, OHS and social factors. Recommend internationally recognized standards where needed. Draft and develop updated specifications for the proposed projects as required.
h) Research local planning laws, land use compensation regulations and local land acquisition laws to advise on land acquisition and compensation in case of displacement accused by the project. In the absence of local laws, recommend internationally recognized laws and guidelines.
i) In consultation with NGOs (implementing partners), involve local communities in the review and planning process and propose modalities for involving them during construction and maintenance.
5.1 ENVIRONMENTAL SOCIAL MANAGEMENT FRAMEWORK (ESMF)
For the above mentioned tasks, the main output will be an ESMF. An ESMF sets out the principles, guidelines, and procedures to assess environmental and social risks, it proposes measures to reduce, mitigate, and/or offset potential adverse environmental and social impacts whilst seeking to enhance positive impacts and opportunities.
For all components/interventions of the Project, the ESMF will help to provide a framework on how to address potential adverse social and environmental impacts for future interventions while striving to enhance benefits for local communities. The ESMF will:
Describe the risks and potential impacts associated with specific types of interventions and will include adequate safeguard measures.
Establish the legal framework, procedures, and methods for environmental and social screening, impact assessment, approval and implementation of interventions to be supported;
Establish a stakeholder engagement framework to ensure in-depth information of and consultations with concerned stakeholder groups to seek their broad support;
Identify key environmental and social management measures (including monitoring provisions) as reference base for the development of project specific Environmental and Social Management Plans;
Identify roles and responsibilities for ESMF implementation, including reporting procedures and monitoring and evaluation;
Identify capacity building- and training needs for different stakeholders to ensure effective implementation of the provisions of the ESMF and also of the sub-project Environment and Social Management Plans (ESMPs) and;
Identify funding requirements and resources to ensure effective mainstreaming and implementation of the framework.
Will include a Land Acquisition and Compensation Framework, to set a guideline for potential land take or involuntary physical or economic displacement from individual interventions.
The ESMF will be developed in line with national legislation and with the international standards as mentioned in Section 5.3 and will cover the requirements of the national ESIA process, which will have to be adhered to for any required project specific ESIAs .
5.2 EXPECTED DELIVERABLES
It should be noted that the key deliverable, the Feasibility Report, must include mid-term draft submissions prior to the final submission. As part of the Feasibility Studies the Firm will deliver the following:
a. Draft an Environmental and Social Management Framework (ESMF) commensurate to the E&S risks and potential impacts of interventions under the Project. The ESMF will cover project preparation, construction and operation and will include a draft Environmental and Social Management Plan (ESMP, including monitoring provisions). The ESMF will contain requirements for supervision and follow up of environmental and social performance during construction phase
b. Draft environmental and social guidelines for future building designs for potential bidders to adhere to (as per ESMF: ESMP including requirements regarding occupational health and safety-, labor and working conditions- and public health and safety management measures, land acquisition and compensation plan).
c. As part of the ESMF, draft a Draft Land Acquisition and Compensation Plan. The purpose this framework is to clarify resettlement principles, organizational arrangements, and design criteria to be applied to all project interventions. Site specific resettlement plans will be developed if required following the guidance provided by the policy framework.
5.3 SUSTAINABLITY GUIDELINES
The Expert should note that regarding the management of environmental and social risks and impacts, all projects supported by KfW have to comply with the provisions of KfW’s Sustainability Guideline and hereby with:
All relevant national environmental, occupational health & safety and social laws and regulations in Puntland.
International Law including conventions and treaties adopted by Puntland and applicable to the Project legislation and –standards.
Guidelines on Incorporating Human Rights Standards and Principles, Including Gender, in Program Proposals for Bilateral German Technical and Financial Cooperation (German Federal Ministry for Economic Cooperation).
International environmental and social safeguard standards, namely: WB Environmental and Social Safeguard Standards, WB Group’s General EHS Guidelines and WB Group’s Sector specific EHS Guidelines (here: EHS Guidelines on Health Care Facilities).
For labour and working conditions: IFC Performance Standard 2 and ILO Core Labour Principles.
For any resettlement aspects, the UN Basic Principles and Guidelines on Development-based Evictions and Displacement, namely §§ 42, 49, 52, 54 and 60, have to be complied with (in addition to national legislation and WB OP 4.12).
6.0 TIMEFRAME
The assignment shall be for a total duration of three months from June 2017 – August 2017 with a possible extension based on project needs.
7.0 REPORTING
The Firm will report directly and administratively to the Project Coordinator. All reports prepared by the Firm shall therefore be submitted to the Project Coordinator. The Firm will need to ensure deliverables are submitted mid-term as drafts prior to the final submission.
8.0 TOOLS AND EQUIPMENT
The Firm shall provide all necessary tools, instruments, transport and equipment to execute the services as per the scope of works. These must be available for the Firm’s use during all service operations.
9.0 MINIMUM ORGANISATIONAL REQUIREMENTS
9.1 OFFICE
For the duration of the project it is expected that Firm establish an office in Garowe, Puntland. This office will have to be equipped with minimum working facilities (a computer, a printer, a telephone fax and an internet mail connection).
9.2 PERSONNEL
The expert must have the following minimum qualifications, experience and capabilities:
Environmental and Social Expert
Minimum Bachelor degree in Environmental Engineering, or similar advanced degree from an internationally recognized tertiary institution; a post-graduate qualification in environment, social development, gender will be an advantage;
At least five (5) years professional experience in environmental management;
Experience in producing ESMF guidelines and reports a non-negotiable;
Proficiency in MS Word, MS Xcel are expected;
Ability to travel within regional Puntland a non-negotiable;
Written and Verbal abilities in English is required.
10.0 PAYMENT
The type of contract payment schedule will be as a lump sum remuneration or based on work performed. In case a progressive payment scheme is used, the payment schedule will be linked to each key milestone/deliverable.
The payment schedule will be similar to what is presented in the table below:
No.
Payment Milestone (Task/Deliverable
Percentage of Total Payment
1
Inception Report-submission of work plan etc.
20%
2
Deliverable A as per agreed work plan
35%
3
Deliverable B as per agreed work plan
35%
4
Final Report
10%
When invoicing, all invoices should attach a copy of the signed Service Orders, completed during that month. Competed Service Orders shall bear the signature of the Consultant’s Manager. Invoices shall be submitted in an original and three (3) copies to UNICEF Supply team. All payments will be paid in USD currency.
11.0 TERMINATION OF CONTRACT
This Contract shall commence on the Commencement Date and terminate upon payment of the final installment of the Contract Price; provided however that either Party may exercise its right to early termination in accordance with this Contract.
11.1 TERMINATION BY UNICEF
UNICEF may terminate this Contract at any time on thirty (30) days’ written notice to the Contractor[2]/Service provider if, in UNICEF’s judgment, it is in UNICEF’s interest to do so.
If the Contractor fails, in whole or in part, to fulfill any of its obligations under this Contract in a timely manner UNICEF may, by notice to the Contractor, demand that the Contractor perform those obligations. If (a) the Contractor fails to perform those obligations within thirty (30) days after receipt of such notice, or (b) the Contractor shall have become insolvent or taken steps to make accommodation with its creditors by reason of an inability to pay its debts as and when they come due, or (c) if control of the Contractor changes for any reason including by reason of insolvency (each an “Event of Default”), then UNICEF may, without prejudice to any other rights or remedies and notwithstanding any suspension, terminate this Contract not less than fourteen (14) days written notice to the Contractor.
11.1.1 Upon termination of this Contract:
(a) The Contractor shall take immediate steps to terminate its services in a prompt and orderly manner and to reduce losses and to keep further expenditures to a minimum;
(b) The Contractor shall be entitled, except in the case of an Event of Default by the Contractor, to be paid for the work satisfactorily completed on the Works and for the materials delivered to the Site as of the date of termination, plus actual, substantiated costs resulting from commitments entered into prior to the date of termination as well as any reasonable substantiated direct costs incurred by the Contractor as a result of the termination, but the Contractor shall not be entitled to receive any other or further payment, or any damages for termination hereunder. In the case of this Contract between the Parties as to the existence of an Event of Default, the matter shall be resolved in accordance with the provision of Article 55 hereof.
11.2 TERMINATION BY THE CONTRACTOR
If UNICEF fails, in whole or in part, to fulfill any of its obligations under this Contract in a timely manner the Contractor may, by notice to UNICEF, demand that UNICEF perform those obligations. If UNICEF fails to perform those obligations within thirty (30) days after receipt of such notice, the Contractor may terminate this Contract upon not less than fourteen (14) days’ written notice to UNICEF. In the case of this Contract between the Parties as to whether UNICEF has fulfilled such obligations, the matter shall be resolved in accordance with the UNCITRAL Conciliation Rules then in force, or according to such other procedure as may be agreed between the Parties.
Upon termination of this Contract under this Article, the provisions of Article 11.1.1 item (a) and (b) hereof shall apply.
12.0 SECURITY
The Firm may be subject to security clearance i.e. submitting the names of all its employees to the government prior to commencing its work in Somalia, the firm is expected to abide by the requirements to ensure that they are allowed to work in Somalia.
ANNEX III – DETAILED PROJECT SCOPE
This information below seeks to provide an overview to the entire project to give bidders a better understanding of the requirement and assist them to position themselves and to prepare their proposals.
ACTIVITIES
Proposed activities, described in more detail under respective components below, have been preliminary prioritized in consultation with the health authorities of Puntland. Implementation of the activities will be carried out by UNICEF in partnership with the Puntland health authorities and implementing partners. [KP1] Please note however that the concrete interventions are not defined yet, the final scope will be done based on the results of the feasibility study.[NE2]
This project will complement other health sector interventions in Puntland, including new bilateral projects and programmes following the end of Joint Health and Nutrition Programme (JHNP 2012-2016), the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM), the Global Alliance for Vaccines and Immunization (GAVI), Nutrition Humanitarian Programme, Immunization Programme, Global Polio Eradication Initiative (GPEI), UNFPA’s RH Commodity Security Programme, Country Programmes of different UN agencies etc. It is expected that the annual work plan of MoH will include all health sector initiatives in Puntland. The UNICEF annual work plan will also include activities of the project.
INFRASTRUCTURE DEVELOPMENT
A need assessment of health facilities infrastructure is a part of ‘Health Facility Assessment’ covering approximately 1,000 health facilities. Data collection work has been completed and preliminary results are expected soon. In addition to infrastructure assessment, the report will give a fair idea of the services available in these facilities and availability of human resource, equipment and other systems.
Building on initial dialogue between the Government of Germany and the Puntland authorities, highlighting the need to invest in health infrastructure given the lack of appropriate referral and basic health services in Puntland, a joint mission discussed and prioritised the indicative health infrastructure needs for the project.
The Studies [NrS3] [NE4] at the beginning of the project will look at all these areas and define the most urgent needs. The assessment will focus on all levels of the health system and will comprise health facilities as well as to a limited extent health management offices.
German-Puntland Institute of Medical Sciences (G-PIMS) - Garowe Hospital
Priority 1: Emergency department
Patient waiting area/s, reception point, rooms for the in charge and staff, store rooms and dispensary;
Emergency wards (eight bed wards for medical emergencies, eight bed wards for surgical emergencies and eight bed wards to serve as recovery wards for patients before they are shifted to indoor or discharged, all with nursing stations);
Intensive care unit (2-4 beds with availability of equipment for proper management of serious cardio-pulmonary emergencies and for patients which need intensive care, doctor and nursing station etc.);
Operating theatre (for emergency surgical cases with two theatre rooms along with separate but attached facilities for sterilization, change room, wash room and offices etc.);
Blood bank with blood transfusion, testing and storage facilities;
Laboratory (3 rooms along with equipment for emergency diagnostic facilities);
Radiology facilities with 2 separate rooms for x-rays and along with processing facilities, one additional room for ultrasound facility and one room to be used for storage, etc.
Proper Water and Sanitation Facilities (Wash rooms, and Bathrooms etc.), Incinerator for proper disposal of biological waste, Generator room, security/ guard rooms etc.
Priority 2: Outpatient department
Patient waiting area/s, reception point/s, store rooms and dispensary;
Medical OPD – with 2 to 3 rooms
Surgical OPD – with 2 to 3 rooms
Pediatric OPD – with 2 rooms
Gynae and Obstetric OPD – with 2 rooms and separate access considering cultural background
Ophthalmology, Otolaryngology, Psychiatric and other specialized OPDs – 6-8 rooms with capacity to expand further in future
Vaccination/ EPI room – 1 room
Communicable diseases and HIV counselling room – 2 rooms
Proper Water and Sanitation Facilities (Wash rooms, and Bathrooms etc.), Generator room, security/guard rooms etc.
OPD should be separate from emergency department but should have easy access to lab and radiology services in the emergency department
Priority 3: Training institute attached with hospital
A training center with 3 lecture halls, one computer lab, one library, two demonstration rooms, one room for the in charge and three rooms for staff.
Preferably the institute should have a separate residential area, considering availability of space.
Priority 4: Medical, Surgical and Pediatrics inpatient departments
Each inpatient department with 20 beds facilities (with capacity to expand further in future), waiting areas, nursing station, staff rooms, store etc.
Medical department should have a facility of 4 bed isolation ward for serious communicable diseases.
The pediatric department should have in-built stabilization center for severely undernourished children.
The surgical department should have facility operation theatre and associated support services
Priority 5: Expansion of comprehensive emergency obstetrics care (CEmOC) and neonatology services
Expand the current CEmOC facility to increase indoor capacity to add 8 beds and a neonatology unit fully equipped including 6 incubators.
Priority 6: Specialized departments – inpatient departments for mental health, chest diseases, ophthalmology, otolaryngology, orthopedics, urology, cardiology etc. and administrative block (needs to be assessed during feasibility study)
Renovation/upgrade of Galkacyo hospital, especially the emergency department with emergency wards; intensive care unit; operating theatre; blood bank; laboratory and radiology etc.
Priority 1: Emergency department
Patient waiting area/s, reception point, rooms for the in charge and staff, store rooms and dispensary;
Emergency wards (four beds ward for medical emergencies, four beds ward for surgical emergencies and four beds ward to serve as recovery wards for patients before they are shifted to indoor or discharged, all with nursing stations);
Intensive care unit (2 beds with availability of equipment for proper management of serious cardio-pulmonary emergencies and for patients which need intensive care, doctor and nursing station etc.)
Operating theatre (for emergency surgical cases with two theatre rooms along with separate but attached facilities for sterilization, change room, wash room and offices etc.)
Blood bank with blood transfusion, testing and storage facilities;
Laboratory (3 rooms along with equipment for emergency diagnostic facilities);
Radiology facilities with 2 separate rooms for x-rays and along with processing facilities, one additional room for ultrasound facility and one room to be used for storage, etc.;
Proper Water and Sanitation Facilities (Wash rooms, and Bathrooms etc), Generator room, security/ guard rooms etc.
(Further needs to be assessed during feasibility study)
Regional health management offices in Garowe and Galkacyo
Review current structures and explore the upgradation of the two offices with following facilities:
RMO office – 1 room
Offices for staff – 4 rooms
Admin and Finance section – 1 room
HMIS office and computer lab – 2 rooms
Meeting room for 20 participants – 1 room
Training room for 20 participants – 1 room
Store room
EPI room
Proper Water and Sanitation Facilities (Wash rooms etc), and sitting area for visitors
Renovation of 5 district hospitals and approximately 20 Health Centres in the two regions
There are 5 district hospitals and 40 health centers in the two regions. Infrastructure need assessment to be done of all 40 health facilities to describe what infrastructure work is required to ensure EPHS and 24/7 Beck services as per standards.
Infrastructure work may require to be done in all 5 hospitals and approximately 20 prioritized health centers.
ANNEX IV – WORKFLOW DIAGRAM
This TOR is shown in blue as ‘Service Contract 8’.
ANNEX V – RETURNABLE BIDS FORMS
RETURNABLE BID FORM 1: Bid Submission Form
(This should be written in the Letterhead of the Bidder. Except for indicated fields, no changes may be made in this template.)
Insert: Location
Insert: Date
To: XX XX,
Dear XXX,
We, the undersigned, hereby offer to supply the goods and related services required for the Project Title/RFP No for UNICEF Somalia in accordance with your Request for Quotations dated XXXX, 2017. We are hereby submitting our Bid, which includes the price schedule and associated bid forms.
We hereby declare that:
All the information and statements made in this quotation are true and we accept that any misrepresentation contained in it may lead to our disqualification;
We have no outstanding bankruptcy or pending litigation or any legal action that could impair our operation as a going concern; and
We do not employ, nor anticipate employing, any person who is or was recently employed by the UN or UNICEF.
We confirm that we have read, understood and hereby fully accept the Project Specifications describing the duties and responsibilities required of us.
We agree to abide by this Bid for 90 days.
We undertake, if our Bid is accepted, to initiate the supply of goods and provision of related services not later than the date indicated in the Terms of Reference.
We fully understand and recognize that UNICEF is not bound to accept this Quotation and that we shall bear all costs associated with its preparation and submission, and that UNICEF will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the evaluation.
We remain, yours sincerely,
Authorized Signature [*In full and initials*]:
Name and Title of Signatory:
Name of Firm:
Contact Details:
[Please mark this letter with your corporate seal, if available]
SECTION A: TECHNICAL PROPOSAL
RETURNABLE BID FORM 2: Approach and Methodology
Include in your own format at minimum: A description of the approach, methodology and work plan describing how the Bidder proposes to execute and deliver the services to a high standard.
RETURNABLE BID FORM 3: Staffing Strategy and Schedule
Include in your own format a staffing schedule that relates and is consistent with the work plan.
Fill in the Template below which lists the overall personnel required for the project.
R equired also [NrS5] [NE6] is a corresponding task distribution matrix (indicating the responsibilities of each individual expert for each task or activity) at the beginning of the assignment.
Staffing List
A. Key Professionals
Name
Proposed Position
Years of Experience
Qualifications
B. Support Staff
Name
Proposed Position
Years of Experience
Qualifications
RETURNABLE BID FORM 4: Key Personnel Experience
Fill in the CV template below, to be filled in and returned for all proposed Key professional staff. Put forward for the Project. CV’s must be signed.
CV for (insert key professional staff title here)
Name of Staff:
Proposed Position:
Permanent Staff:
Date of Birth:
Years with Firm/Entity:
Nationality:
Detailed Tasks Assigned:
(list tasks the consultant will carry out; match to the objectives of the project)
Education:
Summarize college/university and other specialized education of staff member, giving names of schools dates attended, and degrees obtained in the following order:
Highest degree, discipline, university name, state, country, year
Next level, etc….
Employment Record:
Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments. For experiences in the last 10 years, also give types of activities performed and client references where appropriate. Use 2 pages maximum.
Year -Present / Position and Employer / Location
Brief description of duties/responsibilities.
Languages:
(For each language indicate proficiency: excellent, good, fair or poor in speaking, reading and writing. i.e. English - excellent speaking, reading, and writing; Bengali - good speaking and reading, poor writing, etc…)
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describes me, my qualifications and my experience.
Signature of Staff Member or authorized official from the firm
Day/Month/Year:
RETURNABLE BID FORM 5: Work plan
Include in your own format at minimum: A detailed work schedule in the form of a gantt chart showing the timing proposed for each activity, which must be consistent with the methodology and staffing schedule described in the proposal.
RETURNABLE BID FORM 6: Professional References
Attach written references from past clients, employers and projects. Ensure to include a contact phone number for further follow up if required.
SECTION B: FINANCIAL PROPOSAL
RETURNABLE BID FORM 7: Financial Proposal Templates[3]**
The Proposer is required to prepare the Financial Proposal in an envelope separate from the rest of the RFP as indicated in the Instruction to Proposers.
The Financial Proposal must provide a detailed cost breakdown. Provide separate figures for each functional grouping or category.
Any estimates for cost-reimbursable items, such as travel and out-of-pocket expenses, should be listed separately.
In case of an equipment component to the service provider, the Price Schedule should include figures for both purchase and lease/rent options.
The formats shown on the following pages is suggested for use as a guide in preparing the Financial Proposal. The format includes specific expenditures, which may or may not be required or applicable but are indicated to serve as examples. In instances where the actual timeline and scope cannot be determined at the time of submitting the proposal, it would be preferable to use Cost Breakdown by Cost Component template in submitting your bid, the bidder will be given the opportunity to submit an actual cost estimate after the inception meetings have taken place and the scope of work finalized.
Cost Breakdown per Deliverables*
No
Deliverables
[list them as referred to in the TOR]
Percentage of Total Price (Weight for payment)
Price USD
(Lump Sum, All Inclusive)
1
Deliverable 1
[UNICEF to give percentage (weight) of each deliverable over the total price for the payment purposes, as per TOR)
2
Deliverable 2
3
….
Total
100%
$……
*Basis for payment milestones
Cost Breakdown by Cost Component:
The Proposers are requested to provide the cost breakdown for the above given prices for each deliverable based on the following format. UNICEF shall use the cost breakdown for the price reasonability assessment purposes as well as the calculation of price in the event that both parties have agreed to add new deliverables to the scope of Services.
Description of Activity
Remuneration per Unit of Time (e.g., day, month, etc.)
Total Period of Engagement
No. of Personnel
Rate per Unit $USD
1. Personnel Fees
- Services from HQ
a. E.g. Electrical Engineer
E.g. Day
3 months
2
$X
- Services from
Field Offices /Onsite
a. Expertise 1
2. Admin/Operation Fees
a. Travel Costs
b. Daily Allowance
c. Communications
d. Equipment Lease
e. Others
3. Additional Fees
e.g. Sub-contractors
SECTION C: POST-QUALIFICATION DOCUMENTS FORMS
RETURNABLE BID FORM 8: Declaration of Undertaking
Declaration of Undertaking
We [*Insert Name of Firm,*]
underscore the importance of a free, fair and competitive contracting procedure that precludes abusive practices. In this respect we have neither offered nor granted directly or indirectly any inadmissible advantages to any public servant or other person nor accepted such advantages in connection with our bid, nor will we offer or grant or accept any such incentives or conditions in the present tendering process or, in the event that we are awarded
the contract, in the subsequent execution of the contract. We also declare that no conflict of interest exists in the meaning of the kind described in the footnote below.[4]
We also underscore the importance of adhering to environmental and social standards in the implementation of the project. [5]We undertake to comply with applicable labour laws and the Core Labour Standards of the International Labour Organization (ILO) as well as national and applicable international standards of environmental protection and health and safety standards.
We will inform our staff of their respective obligations and of their obligation to fulfil this declaration of undertaking and to obey the laws of the country of Somalia. We also declare that our company/all members of the consortium has/have not been Included in the list of sanctions of the United Nations, nor of the EU, nor of the German Government, nor in any other list of sanctions and affirm that our company/all members of the consortium will immediately inform the Client and KfW if this situation occurs at a later stage.
We acknowledge that, in the event that our company (or a member of the consortium) is
added to a list of sanctions that is legally binding on the Client and/or KfW, the Client shall be
entitled to exclude us/the consortium or, if the contract is awarded to our company/the
consortium, to immediately cancel such contract if the statements made in the Declaration of
Undertaking were objectively false or the reason for exclusion from the tender procedure
occurs after the Declaration of Undertaking has been issued.
(Place) (Date) (Name of company)
.......................................................
(Signature(s))
RETURNABLE BID FORM 9: Legal Status
Template 9A all Bidders to fill in as indicated. Template 3 to be filled in only if the Applicant is bidding as part of a Joint Venture.
9A. Applicant Information Form
Date: [insert day, month, year]
RFP No. and title: [insert RFP number and project title]
Page [insert page number] of [insert total number] pages
Applicant's legal name
[insert full legal name]
In case of Joint Venture (JV), legal name of each partner:
[insert full legal name of each partner in JV]
Applicant's Actual or Intended country of constitution:
[indicate country of Constitution]
Applicant's actual or Intended year of constitution:
[indicate year of Constitution]
Applicant's legal address in country of constitution:
[insert street/ number/ town or city/ country]
Applicant's authorized representative information
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Attached are copies of original documents of
¨ Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity named above, in accordance with RFP Section 4
¨ In case of JV, letter of intent to form JV or JV agreement, in accordance with the RFP requirements JV Form filled in, signed found in Returnable Bid Form 9
¨ In case of Government owned entity, documents establishing legal and financial autonomy and compliance with commercial law, in accordance with RFP Section 4.
9B. Applicant’s Joint Venture Information Form
[The following form shall be filled in for the Applicant's parties including partner(s) of a joint venture, subcontractors, suppliers and other parties]
Date: [insert day, month, year] RFP No. and title: [insert RFP number and title] Page [insert page number] of [insert total number] pages
JV applicant legal name:
[insert full legal name]
Applicant's Party legal name:
[insert full legal name of Applicant's Party]
Applicant's Party country of registration:
[indicate country of registration]
Applicant Party's year of constitution:
[indicate year of constitution]
Applicant Party's legal address in country of constitution:
[insert street/ number/ town or city/ country]
Applicant Party's authorized representative information
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
E-mail address: [indicate e-mail address]
Attached are copies of original documents of
¨ Articles of Incorporation or Documents of Constitution, and Registration Documents of the legal entity named above, in accordance with RFP Section 11
¨ In case of a Government owned entity, documents establishing legal and financial autonomy and compliance with commercial law, in accordance with RFP Section 11.
RETURNABLE BID FORM 10: Company Profile /General Experience
First include in your own format at minimum: A brief description of the Supplier’s organization.
Secondly fill in the below template correctly ensuring all information is filled out correctly.
General Services Experience
[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]
Firm/Joint Venture Partner's Legal Name: [insert full name] Date: [insert day, month, year] RFP No. and title: [insert number/title] Page [insert page number] of [insert total number] pages
[Identify contracts that demonstrate continuous services over the past [number] years .List contracts chronologically, according to their commencement (starting) dates.]
Starting
Month /
Year
Ending
Month /
Year
Contract Identification
Role of
Firm
[indicate month/ year]
[indicate month/ year]
Project Name: [insert full name]
Brief Description of the Works performed: [describe works performed briefly]
Amount of contract: [insert amount in US$ equivalent]
Name of Client: [indicate full name]
Location: [insert]
[insert role performed]
Project Name: [insert full name]
Brief Description of the Works performed: [describe works performed briefly]
Amount of contract: [insert amount in US$ equivalent]
Name of Client: [indicate full name]
Location: [insert]
[insert role performed]
Project Name: [insert full name]
Brief Description of the Works performed: [describe works performed briefly]
Amount of contract: [insert amount in US$ equivalent]
Name of Client: [indicate full name]
Location: [insert]
[insert role performed]
RETURNABLE BID FORM 11: Particular /Similar Experience
Template 11A all Bidders must fill in as indicated. Template 5B is only to be filled in and returned if the Bidder intends to sub-contract any of the works.
- Similar Experience
[The following table shall be filled in for contracts performed by the Applicant, each partner of a Joint Venture, and specialist sub-contractors as per Annex IV]
Firm/Joint Venture Partner's Legal Name: [insert full name] Date: [insert day, month, year] RFP No. and title: [insert number and title] Page [insert page number] of [insert total number] pages
Similar Project No.
[insert number] of [insert number of total similar contracts required]
Information
Project Title
[insert contract name and number, if applicable]
Award date
[insert day, month, year, i. e., 15 June, 2015]
Completion date
[insert day, month, year, i.e., 03 October, 2017]
Description of Project
[describe project type]
Role in Contract
[list role and responsibilities]
Total Contract Amount
[insert total contract amount in $USD currency]
If partner in a JV, or subcontractor, specify participation in total contract amount
[insert a percentage amount]
[insert total contract amount in $USD currency]
Client’s Name:
[insert full name]
Client Contact Details:
Address:
Telephone/fax number
E-mail:
[indicate street / number / town or city / country]
[insert telephone/fax numbers, including country and
city area codes]
[insert e-mail address, if available]
Description of the similarity in accordance with the TOR.
- Amount
[insert amount in US$ in words and in
Figures]
- Physical size
[insert physical size of activities]
- Complexity
[insert description of complexity]
- Methods/Technology
[insert specific aspects of the methods/technology involved in the contract]
- Other Characteristics
[insert other characteristics as described in Section V, Scope of Works]
11B. Experience in Key Activities (Sub-contractor’s)
Applicant's Legal Name: [insert full name] Date: [insert day, month, year] Nominated Subcontractor's Legal Name: [insert full name] RFP No. and Project title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages
All Subcontractors for key activities must complete the information in this form as per Annex VI.
- Key Activity No One: [insert brief description of the Activity, emphasizing itsspecificity and relevance to the Proposed Project]
Information
Contract Identification
[insert contract name and number, if applicable]
Award date
[insert day, month, year, i. e., 15 June, 2015]
Completion date
[insert day, month, year, i.e., 03 October, 2017]
Role in Contract
[list role and responsibilities]
Total Contract Amount
[insert total contract amount in $USD currency]
If party in a JV, specify participation of total contract amount
[insert a percentageamount]
[insert total contract amount in $USD currency]
Employer’s Name:
[insert full name]
Address:
Telephone/fax number
E-mail:
[indicate street / number / town or city / country]
[insert telephone/fax numbers, including country and
city area codes]
[insert e-mail address, if available]
Activity No Two
…………………
RETURNABLE BID FORM 12: Current Obligations and Pending Awards
Please fill in the below table/template listing ALL large ongoing contract obligations and/or pending contract awards. If the Firm has no current or pending obligations please list as none.
Current and Pending Obligations
Project Start Date
Project End Date
Client Name &
Contract Number (if awarded)
Project Title/Description
Are Key Staff Involved (yes/no)
Contract Value
USD
Contractor's Responsibility (%)
Total:
RETURNABLE BID FORM 13: Annual Turnover
Annual Turnover
[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]
Applicant's/Joint Venture Partner's Legal Name: [insert full name] Date: [insert day, month, year] Applicant's Party Legal Name: [insert full name] RFP No. and title: [insert RFP number and title] Page [insert page number] of [insert total number] pages
Annual turnover data (all Service contracts) in the last 3 years
Year
Amount and Currency
$USD equivalent
[indicate year]
[insert amount and indicate currency]
[insert amount in US$ equiv.]
Average Annual Services Turnover *
* Average annual turnover calculated as total certified payments received for work in progress or completed, divided by the number of years in operation.
RETURNABLE BID FORM 14: Financial Performance
In Template 1. Please fill in as instructed.
In Section 14B Attach Forms, Statements etc. that prove the stable financial and economic capacity of Firm.
Financial Situation
[The following table shall be filled in for the Applicant and for each partner of a Joint Venture]
14A. Financial data
Applicant’s Legal Name: [insert full name] Date: [insert day, month, year]
Applicant’s Party Legal Name*:[insert full name]*
RFP No. and title: [insert RFP number and title]
Page [insert page number] of [insert total number] pages
Financial information in
($USD equivalent in 000s)
Historic information for previous_[insert number] years,
[insert in words]
($USD equivalent in 000s)
2013
2014
2015
2016 if available
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
14B. Financial documents
The Applicant and its parties shall provide copies of the balance sheets and/or financial statements for [number] years pursuant, see section 9.3 of Annex I for more information. The financial statements shall:
(a) reflect the financial situation of the Applicant or partner to a JV, and not sister or parent companies.
(b) be audited by a certified accountant.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted).
¨ Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the [number] years required above; and complying with the requirements.
ANNEX VI - GENERAL CONDITIONS OF CONTRACT / ESSENTIAL COMPONENTS OF THE CONSULTING CONTRACT
1 Services to be provided by the Consultant
1.1 Description
In signing the consulting contract, the Consultant undertakes to fulfil the task assigned to it. The detailed services agreed for this purpose, and the working methods to be used, result from the terms of reference, supplemented by the bid for services submitted by the Consultant. This detailed bid for services, on which the decision to award the contract was based, is an essential part of the consulting contract, with any additions or amendments resulting from the contract negotiations.
The description of the services will include
a statement of the objective of the consulting assignment, and the resultant terms of reference for the Consultant
a detailed list of the minimum individual services needed to achieve that objective
a list of the documents (studies, reports, plans) to be presented by the Consultant to show the progress and results of its work. The scope, frequency and quality requirements for the reports must be laid down in detail and are binding. Penalties may be imposed, to a maximum amount, for delays or defects in the reports.
1.2 Timetable
The timetable should document the chronological order in which the services will be performed and their contents, and will be binding. It should also show the main events in the project (“milestones”) connected with the consulting services. Penalties may be imposed, up to a maximum amount, for delays.
1.3 Staffing schedule
The staffing schedule fixes the number and project-specific qualifications of the personnel to be employed in the various areas of service and the duration of their service, and clearly assigns them to the plan of activities. It should also document the cooperation with the Client’s staff assigned to the project.
2 Services to be provided by the Project Executing Agency (as Client)[6]
2.1 Obligation to provide information
The Client will provide the Consultant, for the duration of the service and free of charge, with all the data, documents and information to which it has access and that are necessary for the performance of the consulting contract.
2.2 Counterpart services
The Client undertakes to provide the Consultant, in due time and in full, with all the services necessary for the fulfilment of its obligations and that are detailed in the tender documents.
2.3 General obligation to provide support
The Client undertakes to obtain in due time the official permits needed by the Consultant for its work (visas, work permits etc.).
3 Remuneration
The Consultant’s remuneration (fees and other incidental expenses) will be agreed on the basis of its detailed price quotation, where appropriate modified during the contract negotiations. Payment will be made for local and foreign currency components separately. The fee is calculated for the input of personnel proposed in the bid and appropriate for the services agreed, at the expert-month rates for the qualifications required. Payment will also be made for necessary expenditure on materials and travel costs and other incidental expenses. These costs are to be paid in a lump sum. The contract states whether the payment for the services will be made as a lump sum, against services performed or in instalments upon achievement of agreed objectives. In the case of studies preference will be given to a lump sum. An agreement on fees as a percentage of the project costs is not generally accepted by UNICEF.
4 Payment terms
The Client is responsible for executing the project and thus for making the payments under the consulting contract. In particular, the Client is responsible for ensuring that all the payments are made without delay and in accordance with the contractual stipulations. If the payments are not received at the proper time, for reasons for which the Client is responsible, the Consultant may require reimbursement of the costs incurred by the delay.
The Consultant has no rights of recourse, and in particular, no claim to payment against UNICEF under the loan or financing agreement concluded for the project. UNICEF makes payment under a loan or financing agreement only upon request by a person authorised under this contract.
4.1 Advance payment
The advance payment is a preliminary service by the Client to cover the Consultant’s mobilization costs. It is made when the contract is signed and an inception report submitted or immediately thereafter against submission of an invoice. As a rule it should not exceed 10% of the total value of the contract
4.2 Interim payments
Further payments (instalments) will be made in accordance with the expected progress of the services, after verification of the said services and only against documents linked to specific project milestones (e.g. progress reports).
4.3 Final payment
The final payment will be made after conclusion of the services and their acceptance by the Client and KfW. This will be at least 5% of the contracted fee (e.g. for final design and construction supervision). In the case of studies it is usually 10% (for work contracts 20%) of the contracted fee.
4.4 Price escalation clause
Contracts for more than one year may include a price escalation clause. It must generally be oriented to the official wage and price level in the Consultant‘s country (foreign exchange costs) or the Client’s country (local currency costs). The contract must state the price escalation formula and the basis for calculation in the form of indices based on the official statistics.
5 Further provisions
5.1 Independence of the Consultant
The Consultant and the firms with which it is associated undertake not to apply as manufacturers, suppliers or construction firms to the same project for which they are acting as Consultants. Infringement of this provision can result in immediate termination of the consulting contract and reimbursement of all the expenditure incurred by the Client to that date, and all the losses and damage incurred by the Client through termination of the contract.
Penalty
In case of failure by the Contractor to perform under the terms and conditions of this LTA, including but not limited to failure to make delivery of all or part of the Services by the delivery date or dates, UNICEF may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:
(a) Procure all or part of the Services from other sources, in which event UNICEF may hold the Contractor responsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate its damages in good faith;
(b) Refuse to accept delivery of all or part of the Services;
(c) Terminate the LTA without any liability for termination charges or any other liability of any kind of UNICEF;
(d) For late delivery of Services or for Services related supplies which do not meet UNICEF’s specifications and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and deduct 0.5% of the value of the Services pursuant to a Purchase Order per additional day of delay, up to a maximum of 10% of the value of the Purchase Order. The payment or deduction of such liquidated damages shall not relieve the Contractor from any of its other obligations or liabilities pursuant to this LTA or a Purchase Order.
ANNEX VII – UNICEF GENERAL TERMS AND CONDITIONS OF CONTRACT
UNICEF GENERAL TERMS AND CONDITIONS FOR CORPORATE/INSTITUTIONAL CONTRACTS
Acknowledgement
Signing and returning the acknowledgement copy of a Contract issued by UNICEF or beginning work under that Contract shall constitute acceptance of a binding agreement between UNICEF and the Contractor.
Delivery Date
Delivery Date to be understood as the time the Contract work is completed at the location indicated under Delivery Terms.
Payment Terms
(a) UNICEF shall, unless otherwise specified in the Contract, make payment within 30 days of receipt of the Contractor’s invoice, which is issued only upon UNICEF’s acceptance of the work specified in the Contract.
(b) Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the Contract.
(c) The prices shown in the Contract cannot be increased except by expressed written agreement by UNICEF.
Limitation of Expenditure
No increase in the total liability to UNICEF or in the price of the work resulting from design changes, modifications, or interpretations of the statement of work will be authorized or paid to the Contractor unless such changes have been approved by the contracting authority through an amendment to this Contract prior to incorporation in the work.
Tax Exemption
Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs duties in respect of articles imported or exported for its official use. Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor’s invoice any amount representing such taxes or duties charged by the Contractor to UNCIEF. Payment of such corrected invoice amount shall constitute full payment by UNICEF. In the event any taxing authority refuses to recognize the UN exemption from such taxes, the Contractor shall immediately consult with UNICEF to determine a mutually acceptable procedure.
Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor’s invoice any amount representing such taxes, duties, or charges, unless the Contractor has consulted with UNICEF before the payment thereof and UNICEF has, in each instance, specifically authorized the Contractor to pay such taxes, duties, or charges under protest. In that event, the Contractor shall provide UNICEF with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
Legal Status
The Contractor shall be considered as having the legal status of an independent Contractor vis-à-vis UNICEF. The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNICEF.
Contractor’s Responsibility for Employees
The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contact, reliable individuals who will perform effectively in the implementation of the Contract, respect the local customs and conform to a high standard of moral and ethical conduct.
Indemnification
The Contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, its officials, agents, servants and employees, from and against all suits, claims, demands and liability of any nature or kind, including their costs and expenses, arising out of the actions or omissions of the Contractor or its employees or sub-contractors in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen’s compensation, product liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract.
Insurance and Liabilities to Third Parties
(a) The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract.
(b) The Contractor shall provide and thereafter maintain all appropriate workmen’s compensation and liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury or damage to property arising from the execution of this Contract. The Contractor represents that the liability insurance includes sub-contractors.
(c) The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss or damage to property, arising from or in connection with the provision of work under this Contract or the operation of any vehicles, boats, air planes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract.
(d) Except for the workmen’s compensation insurance, the insurance policies under this Article shall:
(i) Name UNICEF as additional insured;
(ii) Include a waiver of subrogation of the Contractor’s rights to the insurance carrier against UNICEF;
(iii) Provide that UNICEF shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.
Source of Instructions
The Contractor shall neither seek nor accept instructions from any authority external to UNICEF in connection with the performance of its services under this Contact. The Contractor shall refrain from any action which may adversely affect UNICEF or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNICEF.
Encumbrances and Liens
The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNCIEF against any monies due or to become due for any work done or materials furnished under his Contract, or by reason of any other claim or demand against the Contractor.
Title to Equipment
Title to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF and any such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment when returned to UNICEF shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear.
Copyright, Patterns and Other Proprietary Rights
UNICEF shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regards to documents and other materials which bear a direct relation to or are prepared or collected in consequence or in the course of the execution of this Contract. At UNICEF’s request, the Contractor shall take all necessary steps, execute all necessary documents and generally assists in securing such proprietary rights and transferring them to the UNICEF in compliance with the requirements of the applicable law.
Confidential Nature of Documents
(a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of UNICEF, shall be treated as confidential and shall be delivered only to the UN authorised officials on completion of work under this Contract.
(b) The Contractor may not communicate any time to any other person, Government or authority external to UNICEF, any information known to it by reason of its association with UNICEF which has not been made public except with the authorisation of UNICEF; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract with UNICEF.
Force Majeure; Other Changes in Conditions
(a) In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to UNICEF of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify UNICEF of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. On receipt of the notice required under this Article, UNICEF shall take such action as, in its sole discretion, it considers being appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under the Contract.
(b) If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, UNICEF shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 14, “Termination”, except that the period of notice shall be seven (7) days instead of thirty (30) days.
(c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection or other acts of a similar nature or force.
Termination
If the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in the Contract, or fails to perform any of the terms, conditions, or obligations of the Contract, or should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefits of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, UNCIEF may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (30) days’ notice to the Contractor.
UNICEF reserves the right to terminate without cause this Contract at any time upon thirty (30) days prior written notice to the Contractor, in which case UNCIEF shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.
In the event of any termination no payment shall be due from UNICEF to the Contractor except for work and services satisfactorily performed in conformity with the expressed terms of this Contract.
Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shall remain liable to UNCIEF for reasonable loss or damage which may be suffered by UNCIEF for reason of the default. The Contractor shall not be liable for any loss or damage if the failure to perform the Contract arises out of force majeure.
Upon termination of the Contract, UNICEF may require the Contractor to deliver any finished work which has not been delivered and accepted, prior to such termination and any materials or work-in-process related specifically to this Contract, Subject to the deduction of any claim UNICEF may have arising out of this Contract or termination, UNICEF will pay the value of all such finished work delivered and accepted by UNICEF.
The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” below shall not be deemed a termination of this Contract.
Sub-Contracting
In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior written approval and clearance of UNICEF of all sub-contractors. The approval of UNICEF of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-Contract shall be subject to and in conformity with the provisions of this Contract.
Assignment and Insolvency
The Contractor shall not, except after obtaining the written consent of UNICEF, assign, transfer, pledge or make other dispositions of the Contract, or any part thereof, of the Contractor’s rights or obligations under the Contract.
Should the Contractor become insolvent or should control of the Contractor change by virtue of insolvency, UNICEF may, without prejudice to any other rights or remedies, terminate the Contract by giving the Contractor written notice of termination.
Use of UNITED NATIONS and UNICEF Name and Emblem
The Contractor shall not use the name, emblem or official seal of the United Nations or UNICEF or any abbreviation of these names for any purpose.
Officials not to Benefit
The Contractor warrants that no official of UNICEF or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of the Contract.
Prohibition on advertising
The Contractor shall not advertise or otherwise make public that the Contractor is furnishing goods or services to UNICEF without specific permission of UNICEF.
Settlement of Disputes
Amicable Settlement
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Contract or the breach, termination or invalidity thereof. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation rules then obtaining, or according to such other procedure as may be agreed between the Parties.
Arbitration
Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party or the other Party’s request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.
Privileges and Immunities
The privileges and immunities of the United Nations, including its subsidiary organs, are not waived.
Child Labour
UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention of potential suppliers to Article 32 of the Convention which inter alias 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.
Anti-Personnel Mines
UNICEF supports an international ban on the manufacture of anti-personnel mines. Anti-personnel mines have killed and maimed thousands of people, of whom large portion are women and children. Anti-personnel mines present a serious obstacle to the return of populations displaced from their residences by fighting around their villages and homes. UNICEF has, therefore, decided not to purchase products from companies that sell or manufacture anti-personnel mines or their components.
Authority to Modify
No modification or change in this Contract, no waiver of any of its provisions or any additional contractual relationship of any kind with the Contractor shall be valid and enforceable against UNICEF unless provided by an amendment to this Contract signed by the authorized official of UNICEF.
Replacement of Personnel
UNICEF reserves the right to request the Contractor to replace the assigned personnel if they are not performing to a level that UNICEF considers satisfactory. After written notification, the Contractor will provide curriculum vitae of appropriate candidates within three (3) working days for UNICEF review and approval. The Contractor must replace the unsatisfactory personnel within seven (7) working days of UNICEF’s selection.
If one or more key personnel become unavailable, for any reason, for work under the Contract, the Contractor shall (I) notify UNICEF at least fourteen (14) days in advance, and (ii) obtain the project authority’s approval prior to making any substitution of key personnel. Key personnel are designated as follows:
(a) Personnel identified in the proposal as key individuals (as a minimum partners, managers, senior auditors) to be assigned for participation in the performance of the Contract.
(b) Personnel whose resumes were submitted with the proposal; and
(c) Individuals who are designated as key personnel by in the Contract.
In notifying the project authority, the Contractor shall provide an explanation of circumstances necessitating the proposed replacement(s) and submit justification and qualification of the replacement personnel in sufficient detail to permit evaluation of the impact on the engagement.
Acceptance of a replacement person by UNICEF shall not relieve the Contractor from responsibility for failure to meet the requirements of the Contract.
How to apply:
Please send an email to request for a full set of the bid document to:
For further information see RFP / contact bmann@unicef.org; or nessah@unicef.org
Quote LRPS-2017-9131120 – Environmental and Social Expert Firm
Deadline: 11.00 am on 22nd May 2017