Organization: UN Children's Fund
Country: South Sudan
Closing date:
08 Jul 2015BID FORM
BID FORM must be completed, signed and returned to UNICEF.
Bid must be made in accordance with the instructions contained in this LRFP.
TERMS AND CONDITIONS OF CONTRACT
Any contract resulting from this Invitation shall contain UNICEF’s General Terms and Conditions and any other Specific Terms and Conditions detailed in this LRFP.
INFORMATION
Any request for information regarding this proposal must be e-mailed to rbonga@unicef.org, with specific reference to the proposal number.
The Undersigned, having read the Terms and Conditions of BID number LRFP-JB-2015-9119360 set out in the attached document, hereby offers to execute the services in accordance with the specifications stated and subject to the Terms and Conditions set out in the document.
Signature: \*********__***************
Date: \*********__***************
Name & Title: \*********__***************
Company: \*********__***************
Postal Address: \*********__***************
Tel/Cell Nos: \*********__***************
Fax No: \*********__***************
E-mail: \*********__***************
Validity of Offer: \*********__***************
Currency of Offer: \*********__***************
Please indicate after having read UNICEF Terms of Payment stated in the document, which of the following terms are offered by you.
10 days 3.0%**_** 15 days 2.5%**_** 20 days 2.0%**_** 30 days net**_**
Other Trade Discounts ****__****
1.0 PROCEDURES AND RULES
1.1 ORGANISATIONAL 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 organisations mission and work.
1.2 PURPOSE OF THE RFP
The purpose of this RFP is to invite proposals for:
Construction Consultancy on long term agreement basis.
1.3 FORECAST SCHEDULE
The schedule of the contractual process is as follows:
a) Closing date and time for submission of full proposal: 03:00 pm 08/07/2015
b) Award Notice:**N/A**
c) Signature of contract: N/A
1.4 RFP CHANGE POLICY
All requests for formal clarification or queries on this RFP must be submitted in writing to William Nyamutale via e-mail at [wnyamutale@unicef.org]. Please make sure 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.
1.5 RFP RESPONSE FORMAT
Full proposals should be submitted in ENGLISH and must be received not later 08/07/2015 at 03:00 pmin three (**03**) original copies, duly signed and dated.Bidders must submit a sealed proposal, with two separate sealed envelopes inside for a) the Technical Proposal and b) the Price Proposal.
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: Name of company
RFP number
UNICEF South Sudan, Juba Office
Address: Toto Chan Compound, Juba.
· Inner envelope – technical proposal: Name of company, RFP number - technical proposal
· Inner envelope - price proposal: Name of company, RFP number - price proposal
Proposals received in any other manner will be invalidated.
Sealed proposals received prior to the stated closing time and date will be kept unopened. The responsible officers will open technical proposals [publicly] when the specified time has arrived and no proposal received thereafter 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 Evaluation contained in 1.10 to allow the evaluation team to make a fair assessment of the candidates and their proposal.
1.6 BIDDER RESPONSE
1.6.1 Formal submission requirements
The formal submission requirements as outlined in this Request for Proposal must be followed, e.g. regarding form and timing of submission, marking of the envelopes, no price information in the technical proposal, etc.
1.6.2 Bid Form
The completed and signed bid form must be submitted together with the proposal.
1.6.3 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.
1.6.4 Technical Proposal
The technical proposal should address all aspects and criteria outlined in this Request for Proposal, especially in its statement of work, terms of reference and paragraph 1.10 of this Request for Proposal. However, all these requirements represent a wish list from UNICEF. The bidders are free to suggest/ propose any other solution. UNICEF welcomes new ideas and innovative approaches.
No price information should be contained in the technical proposal.
Below are the criteria for the technical evaluation:
Technical CriteriaTechnical Sub-criteria Maximum Points Overall Response**Completeness of response
Overall concord between RFP requirements and proposal 05
05**Maximum Points**
10**Company and Key Personnel Experience of provision of similar services to other NGOs and UN Agencies
Client references 10
10 Maximum Points
20 Proposed Methodology and Approach Proposed Methodology and proposed creative approach
Work plan, monitoring, risks and quality assurance process
Key personnel: relevant experience and qualifications 20
10
10 Maximum Points
40 Total Maximum
70
Proposal scoring below 45 points will be disqualified.
1.6.5 Price Proposal
The price proposal should be as per but not limited to paragraph 1.10 of this Request for Proposal.
The maximum score assigned to the price proposal is All other price proposals receive scores in inverse proportion according to the following formula:
Score for price proposal X = (Maximum score for price proposal (e.g. 30) * Price of lowest priced proposal)/Price of proposal X
The proposal obtaining the overall highest score after adding the scores for the technical and price proposals will be awarded the contract.
1.6.6 Checklist for submission of proposals
Bid form filled in and signed
Envelope for technical proposal
o Technical proposal
o Technical proposal does not contain prices
o Envelope is sealed
o Envelope is marked as follows:
Name of company, RFP number - technical proposal
Envelope for price proposal
o Price proposal
o Envelope is sealed
o Envelope is marked as follows:
Name of company, RFP number - price proposal
1 outer enveloped
o Containing bid form, envelope for technical proposal, and envelope for price proposal
o Envelope is sealed
o Envelope is marked as follows
Name of company
RFP number
UNICEF South Sudan, Juba
Address
Behind Totto Chan Building
Central Equatoria State,
Bahar El Jabal, Juba City, Sudan
1.7 CONFIDENTIAL 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.
1.8 RIGHTS 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 Request for Proposal. Specifically, 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 contractor(s) who has/have attained the best rating/ranking, i.e. the one(s) providing the overall best value proposal(s);
- Contract any number of candidates as required to achieve the overall evaluation objectives.
1.9 PROPOSAL OPENING
Proposals will be publicly opened at**03:30 pm on 08/07/2015**at**UNICEF, South Sudan - Juba Office.**
1.10 PROPOSAL EVALUATION
After the public 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.
UNICEF will award the contract to the contractor’s whose response is of high quality, clear and meets the projects goals, including:
The price/cost of each of the technically compliant proposals shall be considered only upon evaluation of the above technical criteria.
The bidders should ensure that all pricing information is provided in accordance with the following:
The currency of the proposal shall be inUSD. 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.
1.11 PROPERTY 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 will accept the decision of UNICEF as to whether the proposal meets the requirements stated in this RFP.
1.12 VALIDITY
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.
1.13 CONTRACTUAL TERMS AND CONDITIONS
The UNICEF Special and General Terms and Conditions are attached and will form part of any contract resulting from this RFP.
1.14 RIGHT TO USE AND SELL
T 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.
1.15 PAYMENT TERMS
Payment will be made within 30 days after satisfactory delivery of the deliverables and submission of the invoice to UNICEF.
Background/Justification
The South Sudan Global Partnership for Education Programme (GPEP) is a dual-funded programme by both GPE and USAID in support of the implementation of the General Education Strategic Plan, (GESP) 2012-2017. Part of the GPEP involves school infrastructure improvement, where in Lakes, Warrap, and Northern Behr El Ghazal States, fifteen (15) full cycle (Primary Grade 1-8) Child-Friendly Schools will be built, with five (5) schools being built in each of the states.
UNICEF, in partnership with the Ministry of Education, Science and Technology (MoEST), intends to implement the construction of these schools through a standard contracting process, utilizing the capacity of competent and qualified engineering consultancy firms that are registered and operating in South Sudan. For each lot of schools, the selected firm will carry out the exercise of adopting the established proto-type design to the site conditions as assessed. Furthermore, the selected firm (s) will carry out topographic and geotechnical surveys, environmental and social impact assessments, prepare bills of quantities, engineering estimates and perform the direct site supervision of these schools. Cooperation with and involvement of the local community in the construction process is to be encouraged.
UNICEF will be responsible for the overall project management of the school construction programme.
General
UNICEF South Sudan seeks to establish contracts with competent and technically qualified consultants to achieve the implementation of the school infrastructure improvement programme in Warrap, Lakes and Northern Behr El Ghazal States, and hand over the five child-friendly primary schools per state to each of the listed three state governments within the agreed timeline and budget, using UNICEF’S procurement procedures and financial rules and regulations.
The school sites are located as follows:
Lot NumberPrimary School Name County Coordinates Relative Location Lot 1: Warrap State (5 schools) Warrap Tonj North N08o 04’ 59.22”. E 028o 37’ 20.43”. Alt. 414.5m Within Warrap TownKacuat Tonj East N07o 56’ 49.14”. E 029o 10’ 41.58”. Alt. 420.8m Located 6 0km from Thiet. 10 km from Romic.Maper-Agep Gogrial East N08o 33’ 27.59”. E 028o 28’ 39.13”. Alt. 411.8m 6 km from the county Hq. Access to Gogrial East county is via Warrap town which is 76 km away.Mankuac Gogrial West N08o 40’ 53.15”. E 028o 16’ 17.71”. Alt. 456.4m School is 73 km from Kuajok-the state capital. 43 km from Gogrial West County HQ, and 17 km from Kataduet trading centre.Ayen-Amuol Twic N08o 53’ 45.67”. E 028o 23’ 53.71”. Alt. 417.9m 38 km from Turalei, the county HQ. 23 km from Wunrock town.Lot 2 : Lakes State (5 schools) Achol-Malek Cueibet N07o 01’ 31.56” E 29º 12’ 43.93” Alt. 432.8m Within Cueibet Town. 56 km from Rumbek town, the state Capital.Pachong Rumbek East N06o 41’ 48.38” E 29º 46’ 45.44” Alt. 447.5m 15 km from Rumbek TownRumbek Girls Rumbek Centre N06o 47’ 51.84” E 29º 40’ 48.70” Alt. 433.6m Rumbek TownYirol Girls Yirol West N06o 34’ 2.62” E 030º 30’ 30.05” Alt. 429.3m Within Yirol Town and 110 km from Rumbek town, the state Capital.Lekakudu Yirol East N06o 40’ 40.28” E 30º 35’ 1.76” Alt. 378.0m Within Nyang town the county HQ; 123 km from Rumbek town, the state Capital; 15 km from Yirol Town in Yirol West.Lot 3: Northern Behr El Ghazal State (5 schools) Yith Aluk Aweil Town N08o 46’ 0.91”. E 027o 21’ 38.75”. Alt. 422.60m Within Aweil TownUdhaba Aweil Centre N08o 43’ 32.76”. E 027o 19’ 50.42”. Alt. 444.90m 7 km from Aweil TownMatuich Aweil North N09o 10’ 13.07”. E 027o 02’ 6.02”. Alt. 478.50m Located 81 km from Aweil Town the State HQ. 18 km from Gok Machar town the county HQ,Salam Girls Aweil Town N08o 46’ 1”. E 027o 23’ 47”. Alt. 412m Within Aweil TownPanriang Aweil North N09o 7’ 54”. E 026o 56’ 33”. Alt. 445m 102 km from Aweil Town and 21 km from Gok Machar Town
Subcontractors
Sub-contracting is an allowed form of collaboration. If the bidder intends to subcontract one or more parts of the Consultancy services, this must be clearly stated by the bidder in its tender documents. Even if sub-contracting is allowed, the bidder must intend to carry out the major part of the services itself. The total value of the sub-contracted part of the services must not exceed 30% of the Consultancy value and the subcontractor must not subcontract further.
Approval / Rejection
UNICEF reserves the right to review proposed subcontractors for a period of forty (40) calendar days before providing notice of approval or rejection of any or all subcontractors. UNICEF reserves the right to reject any or all subcontractors proposed if their participation in the project may cause damage to the interests of UNICEF. The Consultant agrees to promptly replace any subcontractor rejected by UNICEF under this clause.
List
In the event the Consultant will use subcontractors to execute portions of the service, the agreement, scope and extent of the works between the Consultant and the subcontractor must be attached to the tender, including pricing.
Services to beprovided
The following description of services intends to convey a general understanding of the work required;
- Technical Assessments: To prepare technical feasibility study reports, following the assessment of sites for new construction or rehabilitation to include but not be limited to: the site topography, geotechnical surveys; legal status; checking the functionality of the space for the proposed spatial program; carrying out an environmental and social impact assessment, etc.
- Architectural Services: Based on the feasibility report, adapt the proto-type GPE School designs to the site requirements, prepare a full set of construction documents, including technical specifications, full set of working drawings, tender documents, bill of quantities and engineering estimates.
- Site Monitoring & Quality Assurance: To guarantee compliance of works as per drawings, specifications and quality standards, as well as time and cost requirements; to certify effective progress of works including defect lists, certificates of partial, substantial and final completion; and to prepare Construction and Maintenance Manuals and as-built drawings.
Personnel
Removal of Personnel
The Consultant will maintain discipline at the site and at all times, take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site and for the preservation of peace and protection of persons and property.
Security
The Consultant is responsible to carry out a security check on all staff to be employed for this Consultancy.
Standards of Conduct
a) General. The Consultant shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Consultant employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer and UNICEF. UNICEF South Sudan Country Office reserves the right to direct the Consultant to remove an employee from the worksite for failure to comply with the standards of conduct. The Consultant shall immediately replace such an employee to maintain continuity of services at no additional cost to the UNICEF.
b) Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours, reporting to or taking leave of duty outside specified work hours, and refusing to render assistance or cooperate in upholding the integrity of the worksite security.
c) Disorderly conduct, use of abusive or offensive language, quarrelling, intimidation by words, actions, or fighting shall not be condoned. Also not condoned is participation in disruptive activities which interfere with normal and efficient UNICEF operations.
d) Intoxicants and Narcotics. The Consultant shall not allow its employees while on duty to possess, sell, trade, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.
e) Criminal Actions. The law will be applied to Consultant’s employees involved in criminal actions. This includes but is not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of UNICEF property, theft, vandalism, or immoral conduct; security violations; unethical or improper use of authority or credentials; and organizing or participating in gambling in any form.
Tools and Equipment
The Consultant shall provide all necessary tools, instruments and equipment to execute the services. These must be available for the Consultants’ (and subcontractors’) use during service operations.
Manager
The entire operation of the Consultancy services shall be superintended by a qualified Manager, who shall maintain a close contact with UNICEF’s Construction Engineer in order to coordinate the performance of the Consultancy services with the needs of UNICEF. The Manager is responsible to:
- Manage the overall work schedule and work schedules of individual staff;
- Report on progress to UNICEF;
- Document and report on services;
- Monitor, develop, undertake and overall manage corrective and preventive services;
- Monitor/Inspect activities and personnel; and
- Implement controls determined in the Quality Assurance Plan.
Quality Control
The Consultancy Firm shall institute an appropriate inspection system including control tables of duties to ensure the predetermined duties are carried out by the staff. Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the Consultancy firm shall be brought to the attention of UNICEF’s Construction Engineer for disposition.
PaymentInvoices
All invoices should attach a copy of the signed Service Orders, completed during that month. Completed Service Orders shall bear the signature of the Consultant’s Manager.
Invoices shall be submitted in an original and three (3) copies to the Supply Officer.
Detail of Payment Requests
Each application for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the agreed fixed labour price for work orders and the price authorised for each purchase order.
Payments to Subcontractors
The Consultant shall make timely payment from the proceeds of the progress or final payment for which request is being made, to his subcontractors and suppliers in accordance with the Consultant's Contractual arrangements with them.
Payment
Payment shall be effected within 30 days of receipt of invoice.
VAT
This is a VAT-exempted Contract. UNICEF will obtain and assist the Consultant by obtaining the necessary exemptions from the relevant authorities.
INSTRUCTIONS TO BIDDERS
Bidder’s conference:
A Bidder’s Conference will be conducted at the date, time and location specified in this Request for Proposal (RFP). All potential bidders are encouraged to attend. Non-attendance, however, shall not result in disqualification of an interested Bidder. Minutes of the Bidder’s conference will be disseminated to all those present, and any other potential bidders that make a request for the same prior to the deadline of receipt of proposals whether or not they attended the conference. No verbal statement made during the conference shall modify the terms and conditions of the RFP unless such a statement is specifically written in the Minutes of the bid Conference.
Technical Proposal
The Bidder must provide sufficient information in the proposal to demonstrate compliance with the requirement set out in each section of this Request for Proposal (RFP). The proposal shall include the following documentation, as per Annex 1:
- the Bidder’s General Information, which includes Financial Information for the last 3 years (Paragraph C.1.1); Works in Hand (Paragraph C.1.2); Experience and References (Paragraph C.1.3); the Company Assets (Paragraph C.1.4); Key Personnel per Lot (Paragraph C.1.5); and Litigations (Paragraph C.1.6), together with relevant supporting documentation.
Financial proposal
The Financial Proposal must contain the following documentation, as per Annex 1:
- the duly filled in Fixed Itemized Price form (Paragraph C.3) including the list of any additional services that the bidder find relevant to the management of the project in order to achieve the objective of the service. Separate financial proposals shall be submitted for each of the lots.
Evaluation of proposal
Following closure of the RFP, proposals will be evaluated by a UNICEF-organized evaluation team to assess their merits. The evaluation will be restricted to the contents of the Proposals and the reference checks.
Each bidder shall submit a complete priced proposal for one, two, or all lots. However, bidders will not be permitted to submit partially priced proposals within a lot. Incomplete submissions will be considered null and void.
The bids will be evaluated per lot, and thus each of the bidders must submit a separate and complete set of Technical and Financial proposals for each of the Lots they are bidding for.
Bids must be submitted in a securely sealed envelope and clearly marked as follows:
· Outer Envelope: Name of Company, and RFP Number
· Inner Envelope: Name of Company, RFP Number and Lot Number (Technical proposal)
Name of Company, RFP Number and Lot Number (Financial proposal)
The Technical Proposal gets a maximum value of 70 points. Technical Proposals receiving 50 points or higher will be considered technically responsive. Non-technically compliant and non-responsive proposals will not be given further consideration.
The total number of points allocated for the Financial Proposal is 30. The maximum number of points will be allocated to the proposal with the lowest price. All other Price Proposals for technically qualified proposals shall receive points in inverse proportion to the lowest price according to the following formula: Score for price proposal X = (Maximum score for price proposal (e.g., 30) * Price of lowest priced proposal)/Price of proposal X)
The proposal obtaining the overall highest score after adding the scores for the technical and price proposals for each of the lots shall be recommended for contract award.
Evaluation criteria
CATEGORYMAXIMUM POINTS Technical Evaluation 1. Experience in Design, Site Supervision and Quality Assurance
a) Number of years as a consulting firm
b) Number of years providing site supervision and quality assurance
c) Experience providing similar services to other international organisations and /or commercial entities.
d) Providing a list of the last three projects of similar nature with contact telephone information
e) Positive Reference checks (20) 2. Proven experience in South Sudan
a) Number of years operating in South Sudan
b) Number and corresponding value of similar assignments undertaken in South Sudan
c) Positive Reference Checks
d) Visit to bidder’s office and projects (15) 3. Design, Site Supervision and Quality Assurance
a) Detailed examples of architectural design works executed and articulation of a maintenance plan for the facilities designed.
b) Summary of Approach to Site Supervision and Quality assurance, addressing tracking and documenting daily progress, site visits, quality control, schedules of work; start up assistance for new facilities, such as full cycle primary school construction, including length of time required to have the facility fully operation (site handover to substantial completion).
c) CVs and profiles of technical project personnel that will be assigned to the project
d) Provide a history of claims on construction projects handled and their resolution (provide a detailed claims avoidance strategy/approach). (25) 4. Overall response:
- Understanding of, and responsiveness to, UNICEF requirements
- Understanding of scope, objectives and completeness of response
- Overall concord between UNICEF requirements and the proposal, including the bidder demonstrating financial capability. (10) Financial Evaluation 5. PRICE (30) TOTAL MARKS100
Annex 1: Technical and Financial Proposals
TECHNICAL PROPOSAL
C.1 Bidder General Information
The following information is considered an integral part of this submission and must be provided for the Proposal to be considered. The information should be provided according to the sample format.
C.1.1 Financial Information
Annual Turn-over Information (Last three years)Year Turn-over Remarks**2014 2013 2012**Adequacy of Working Capital Source of credit line Amount Remarks Total
C.1.2 Works in Hand
Works in HandEmployer name
& contact details Description of Works/Services Start date End date Amount TOTAL
C.1.3 Experience and References
Building Engineering Consultancy Experience in last five yearsNumber of years as consultant: Year Employer name
& contact details Description of Works/Services Amount Consultant's Responsibility (%) TOTAL:
C.1.4 Company Assets
ItemNumber Value per unit Observations Computers Cars Trucks Others
C.1.5 Proposed Key PersonnelCONTRACTOR’S KEY TECHNICAL PERSONNEL PROPOSED.
· List down all key company personnel proposed for each of the lots (Names, Qualifications, designation/position, years of experience, etc.), proposed for carrying out the works
· Provide copy of company’s organization chart (organogram)
· Attach CVs for the Proposed Key Personnel NamesPositionQualificationsYears of experience in proposed position
C.1.6 Litigations
Information on any current litigation in which the Company is involved.
Other Party(ies)Cause of Dispute Amount Involved
FINANCIAL PROPOSAL
UNICEF will not be held responsible for any duties, taxes or other levies which the Firm may be liable to in the course of the consultancy. All duties, taxes, or other levies must be included in the fees as shown in the Financial Proposal.
C.3 Fixed Itemized Price
The fixed price for each of the first two years (starting on the date stated in the Notice to Proceed and continuing for a period of 24 months) for scheduled works are proposed as:
Lot 1:Warrap State for 5 Schools
Lot 1: Services for Warrap StateUnit Quantity Unit Cost in USD Service Amount (USD) Remarks 1.0 Technical Assessments 1.1. Assessment of sites for new construction:**To prepare technical feasibility study reports, following the assessment of sites for new construction or rehabilitation to include but not be limited to: the site topographic surveys, geotechnical surveys; legal status/ownership; checking the functionality of the space for the proposed spatial program; carrying out an environmental and social impact assessment, etc. Per Site 5 Carry out a full site assessment for each of the sites, carrying out a topographic survey (including bench marking the site boundaries), soil testing and assessment of soil conditions to determine foundation suitability, drainage assessment, Environmental and social impact assessment of the project, and determination of the most appropriate materials for use on the project, e.g., Blocks or Bricks.**2.0 Construction Documentation 2.1 Full set of School Construction documents:**Review and Adapt a Full set of architectural, structural and service design documents, including but not limited to; Master Plans, location map, site layouts, full set of drawings (plans, elevations, sections, details, 3-D illustrations), structural designs and analysis, foundation details, construction details, drainage drawings, landscaping plans, rainwater harvesting drawings, mechanical/electrical drawings, lightening protection drawings, any other drawings required and technical specifications. To make sure that the design set is comprehensive for purposes of tender and construction and is in compliance with UNICEF criteria (e.g., child-friendly), UNICEF standards and Build back better (Earthquake – cyclone Resistance), and government and donor’s standards. Per Lot Set 1 Adapt the existing approved proto-type design for GPEP school construction to the site conditions in the 5 Warrap Schools. The approved proto-type design documents shall be availed to bidders on request. The consultancy firm shall issue both hard copy and soft copy pdf and AutoCAD final set of drawings to UNICEF**2.2 Full set of Bills of Quantities (BoQ)**Per Lot BoQ Set 1 Adapt the existing approved BoQ for GPEP school construction to the site conditions in 5 Warrap Schools. The consultancy firm shall issue both hard copy and soft copy pdf and excel final bills of quantities to UNICEF**2.3 Full Set of Engineering Estimates (EE)**Per Lot BoQ Set 1 Prepare a comprehensive Full Set of estimates for each of the 5 Warrap Schools. The consultancy firm shall issue both hard copy and soft copy pdf and excel final engineering estimates to UNICEF 3.**Site Supervision and Quality Assurance:**To ensure effective site supervision in order to guarantee compliance of works as per drawings, specifications and quality standards, as well as timeline and budget; to review and certify variation orders (VO) upon UNICEF’s approval; to advise UNICEF on any potential risks, and propose corrective measures, regarding project timeline, project budget and quality of the works; and to certify effective progress of works on site, including checking measurements, defects lists, certificates of partial, substantial and final completion. The consultancy firm will also prepare construction and maintence manuals and train end-user school management committees**3.1 Full Time Supervision on Site for Warrap P.S.**Per Month 7 Full time clerk of works.**3.2 Full Time Supervision on Site for Kacuat P.S.**Per Month 7 Full time clerk of works.**3.3 Full Time Supervision on Site for Maper-Agep P.S,**Per Month 7 Full time clerk of works.**3.4 Full Time Supervision on Site for Mankuac P.S.**Per Month 7 Full time clerk of works.**3.5 Full Time Supervision on Site for Ayen-Amuol P.S.**Per Month 7 Full time clerk of works.**3.6 Periodic Site Visits first at site handover, and thereafter during construction by technical teams, including but not limited to; the project manager,the structural engineer, the quantity surveyor, etc., to provide technical oversight from the consultancy head office to each of the sites**Per Visit 8 To Cater for Monitoring/inspection during the construction period**3.7 Periodic Site Visits during the defects liability period by a team of experts as required to all the sites to monitor the rectification of any identified defects and ensure that the end-users are adopting the maintenance plan**Per Visit 4 To Cater for Monitoring/inspection during the Defects Liability period**3.8. Prepare as-built drawings;**Prepare as-built drawing for each of the sites, compile and submit to UNICEF for archiving Per Site 5 All the 5 proposed GPEP schools will require As-Built Drawings at substantial completion stage.**Total for Lot 1
The costs indicated above include all costs and benefits related to labour, including but not limited to:
· Head office overhead charges
· Travel expenses to remote sites
· Time lost due to inclement weather
· Bonuses and all other incentive payments
· Contribution to training levy and all statuary contributions
· Contributions for annual and public holidays
· Fares and time allowances for traveling
· Safety and welfare facilities
· Workmen's compensation and third party liability insurances, sick pay or insurance in respect thereof
· Obligations for redundancy payments
· Tool allowance
· Use, repair and up keeping of small tools
· Protective clothing and safety personnel protection
· Accommodation costs for full time site supervisors/Engineers/Clerks of Works at site
· Cost of acquisition of all equipment and tools required for the smooth execution of the assignment, including but not limited to; vehicles, motor cycles, cameras, laptops, printers, phones, etc.
For Lot 2:Lakes State for 5 Schools
Lot 2: Services for Lakes StateUnit Quantity Unit Cost in USD Service Amount (USD) Remarks 1.0 Technical Assessments 1.1. Assessment of sites for new construction:**To prepare technical feasibility study reports, following the assessment of sites for new construction or rehabilitation to include but not be limited to: the site topographic surveys, geotechnical surveys; legal status/ownership; checking the functionality of the space for the proposed spatial program; carrying out an environmental and social impact assessment, etc. Per Site 5 Carry out a full site assessment for each of the sites, carrying out a topographic survey (including bench marking the site boundaries), soil testing and assessment of soil conditions to determine foundation suitability, drainage assessment, Environmental and social impact assessment of the project, and determination of the most appropriate materials for use on the project, e.g., Blocks or Bricks.**2.0 Construction Documentation 2.1 Full set of School Construction documents:**Prepare a Full set of architectural, structural and service design documents, including but not limited to; Master Plans, location map, site layouts, full set of drawings (plans, elevations, sections, details, 3-D illustrations), structural designs and analysis, foundation details, construction details, drainage drawings, landscaping plans, rainwater harvesting drawings, mechanical/electrical drawings, lightening protection drawings, any other drawings required and technical specifications. To make sure that the design set is comprehensive for purposes of tender and construction and is in compliance with UNICEF criteria (e.g., child-friendly), UNICEF standards and Build back better (Earthquake – cyclone Resistance), and government and donor’s standards. Per Lot Set 1 Adapt the existing approved proto-type design for GPEP school construction to the site conditions in the 5 Lakes Schools. The consultancy firm shall issue both hard copy and soft copy pdf and AutoCAD final set of drawings to UNICEF**2.2 Full set of Bills of Quantities (BoQ)**Per Lot BoQ Set 1 Adapt the existing approved BoQ for GPEP school construction to the site conditions in 5 Lakes Schools. The consultancy firm shall issue both hard copy and soft copy pdf and excel final bills of quantities to UNICEF**2.3 Full Set of Engineering Estimates (EE)**Per Lot BoQ Set 1 Prepare a comprehensive Full Set of estimates for each of the 5 sites in Lakes State. The consultancy firm shall issue both hard copy and soft copy pdf and excel final engineering estimates to UNICEF 3.**Site Supervision and Quality Assurance:**To ensure effective site supervision in order to guarantee compliance of works as per drawings, specifications and quality standards, as well as timeline and budget; to review and certify variation orders (VO) upon UNICEF’s approval; to advise UNICEF on any potential risks, and propose corrective measures, regarding project timeline, project budget and quality of the works; and to certify effective progress of works on site, including checking measurements, defects lists, certificates of partial, substantial and final completion. The consultancy firm will also prepare construction and maintenance manuals and train end-user school management committees**3.1 Full Time Supervision on Site for Achol-Malek P.S.**Per Month 7 Full time clerk of works.**3.2 Full Time Supervision on Site for Pachong and Rumbek Girls P.S.**Per Month 7 Full time clerk of works for 2 schools**3.3 Full Time Supervision on Site for Yirol Girls P.S.**Per Month 7 Full time clerk of works.**3.4 Full Time Supervision on Site for Lekakudu P.S.**Per Month 7 Full time clerk of works.**3.5 Periodic Site Visits first at site handover, and thereafter during construction by technical teams, including but not limited to; the project manager, the structural engineer, the quantity surveyor, etc, to provide technical oversight from the consultancy head office to each of the sites**Per Visit 8 To Cater for Monitoring/inspection during the construction period**3.6 Periodic Site Visits during the defects liability period by a team of experts as required to all the sites to monitor the rectification of any identified defects and ensure that the end-users are adopting the maintenance plan**Per Visit 4 To Cater for Monitoring/inspection during the Defects Liability period**3.7. Prepare as-built drawings;**Prepare as-built drawing for each of the sites, compile and submit to UNICEF for archiving. Per project 5 All the 5 proposed GPEP schools will require As-Built Drawings at substantial completion stage.**Total for Lot 2
The costs indicated above include all costs and benefits related to labour, including but not limited to:
· Head office overhead charges
· Travel expenses to remote sites
· Time lost due to inclement weather
· Bonuses and all other incentive payments
· Contribution to training levy and all statuary contributions
· Contributions for annual and public holidays
· Fares and time allowances for traveling
· Safety and welfare facilities
· Workmen's compensation and third party liability insurances, sick pay or insurance in respect thereof
· Obligations for redundancy payments
· Tool allowance
· Use, repair and up keeping of small tools
· Protective clothing and safety personnel protection
· Accommodation costs for full time site supervisors/Engineers/Clerks of Works at site
· Cost of acquisition of all equipment and tools required for the smooth execution of the assignment, including but not limited to; vehicles, motor cycles, cameras, laptops, printers, phones, etc.
Lot 3:Northern Behr El Ghazal State for 5 Schools
Lot 3: Services for Northern Behr El Ghazal StateUnit Quantity Unit Cost in USD Service Amount (USD) Remarks 1.0 Technical Assessments 1.1. Assessment of sites for new construction:**To prepare technical feasibility study reports, following the assessment of sites for new construction or rehabilitation to include but not be limited to: the site topographic surveys, geotechnical surveys; legal status/ownership; checking the functionality of the space for the proposed spatial program; carrying out an environmental and social impact assessment, etc. Per Site 5 Carry out a full site assessment for each of the sites, carrying out a topographic survey (including bench marking the site boundaries), soil testing and assessment of soil conditions to determine foundation suitability, drainage assessment, Environmental and social impact assessment of the project, and determination of the most appropriate materials for use on the project, e.g Blocks or Bricks.**2.0 Construction Documentation 2.1 Full set of School Construction documents:**Prepare a Full set of architectural, structural and service design documents, including but not limited to; Master Plans, location map, site layouts, full set of drawings (plans, elevations, sections, details, 3-D illustrations), structural designs and analysis, foundation details, construction details, drainage drawings, landscaping plans, rainwater harvesting drawings, mechanical/electrical drawings, lightening protection drawings, any other drawings required and technical specifications. To make sure that the design set is comprehensive for purposes of tender and construction and is in compliance with UNICEF criteria (e.g., child-friendly), UNICEF standards and Build back better (Earthquake – cyclone Resistance), and government and donor’s standards. Per Lot Set 1 Adapt the existing approved proto-type design for GPEP school construction to the site conditions in the 5 Northern Behr El Ghazal Schools. The consultancy firm shall issue both hard copy and soft copy pdf and AutoCAD final set of drawings to UNICEF**2.2 Full set of Bills of Quantities (BoQ)**Per Lot BoQ Set 1 Adapt the existing approved BoQ for GPEP school construction to the site conditions in 5 Northern Behr El Ghazal Schools. The consultancy firm shall issue both hard copy and soft copy pdf and excel final bills of quantities to UNICEF**2.3 Full Set of Engineering Estimates (EE)**Per Lot BoQ Set 1 Prepare a comprehensive Full Set of estimates for each of the 5 sites in Northern Behr El Ghazal State. The consultancy firm shall issue both hard copy and soft copy pdf and excel final engineering estimates to UNICEF 3.**Site Supervision and Quality Assurance:**To ensure effective site supervision in order to guarantee compliance of works as per drawings, specifications and quality standards, as well as timeline and budget; to review and certify variation orders (VO) upon UNICEF’s approval; to advise UNICEF on any potential risks, and propose corrective measures, regarding project timeline, project budget and quality of the works; and to certify effective progress of works on site, including checking measurements, defects lists, certificates of partial, substantial and final completion. The consultancy firm will also prepare construction and maintenance manuals and train end-user school management committees**3.1 Full Time Supervision on Site for Yith Aluk and Salam Girls P.S.**Per Month 7 Full time clerk of works for 2 schools**3.2 Full Time Supervision on Site for Udhaba P.S.**Per Month 7 Full time clerk of works for 2 schools**3.3 Full Time Supervision on Site for Matuich P.S.**Per Month 7 Full time clerk of works.**3.4 Full Time Supervision on Site for Panriang P.S.**Per Month 7 Full time clerk of works.**3.5 Periodic Site Visits first at site handover, and thereafter during construction by technical teams, including but not limited to; the project manager, the structural engineer, the quantity surveyor, etc, to provide technical oversight from the consultancy head office to each of the sites**Per Visit 8 To Cater for Monitoring/inspection during the construction period**3.6 Periodic Site Visits during the defects liability period by a team of experts as required to all the sites to monitor the rectification of any identified defects and ensure that the end-users are adopting the maintenance plan**Per Visit 4 To Cater for Monitoring/inspection during the Defects Liability period**3.7. Prepare as-built drawings;**Prepare as-built drawing for each of the sites, compile and submit to UNICEF for archiving. Per project 5 All the 5 proposed GPEP schools will require As-Built Drawings at substantial completion stage.**Total for Lot 3
The costs indicated above include all costs and benefits related to labour, including but not limited to:
· Head office overhead charges
· Travel expenses to remote sites
· Time lost due to inclement weather
· Bonuses and all other incentive payments
· Contribution to training levy and all statuary contributions
· Contributions for annual and public holidays
· Fares and time allowances for traveling
· Safety and welfare facilities
· Workmen's compensation and third party liability insurances, sick pay or insurance in respect thereof
· Obligations for redundancy payments
· Tool allowance
· Use, repair and up keeping of small tools
· Protective clothing and safety personnel protection
· Accommodation costs for full time site supervisors/Engineers/Clerks of Works at site
· Cost of acquisition of all equipment and tools required for the smooth execution of the assignment, including but not limited to ; vehicles, motor cycles, cameras, laptops, printers, phones, etc
Reporting
The consultancy firm will report to the UNICEF Construction Engineer.
Time Frame:
Two (02) years starting 1st July, 2015
Location: Warrap, Lakes, and Northern Behr El Ghazal States in South Sudan
Deliverable: Feasibility Studies, Construction documents, tendering and site supervision of construction works hired by UNICEF, South Sudan.
Expected Deliverables Timeframes:
The indicative timeframe for delivering tasks and or reports, covers the period from the time an instruction to execute the task is issued by UNICEF to the time of reporting by the consultant. These expected deliverables, which will trigger payments are as follows:
Outputs/deliverablesTime Frame for Delivering Tasks/Reports 1. Technical Assessments 1.1 Assessment of sites for new construction:**To prepare technical feasibility study reports, following the assessment of sites for new construction or rehabilitation to include but not be limited to: the site topographic surveys, geotechnical surveys; legal status; checking the functionality of the space for the proposed spatial program; carrying out an environmental and social impact assessment, etc. 3 Weeks**2.0 Construction Documentation 2.1 Full set of School Construction documents:**Prepare a Full set of architectural, structural and service design documents, including but not limited to; Master Plans, location map, site layouts, full set of drawings (plans, elevations, sections, details, 3-D illustrations), structural designs and analysis, foundation details, construction details, drainage drawings, landscaping plans, rainwater harvesting drawings, mechanical/electrical drawings, lightening protection drawings, any other drawings required and technical specifications. To make sure that the design set is comprehensive for purposes of tender and construction and is in compliance with UNICEF criteria (e.g. Child friendly), UNICEF standards and Build back better (Earthquake – cyclone Resistance), and government and donor’s standards. 4 Weeks**2.2 Full set of Bill of Quantities (BoQ)**4 Weeks**2.3 Full Set of Engineering Estimates (EE)**4 Weeks**3.0 Site Supervision and Quality Assurance 3.1. Site visits Monitoring from consultancy HQ during construction**Monthly**3.2. Site visits Monitoring from consultancy HQ during the DLP**Once every quarter**3.3. Full Time Resident Engineer/Clerk of Works (all costs included)**Within 1 week after end of every Month**3.4. Prepare as-built drawings;Prepare as-built drawings for each site, compile and submit to UNICEF for archiving. 2 Weeks
Special Conditions:
· The consultancy firm will work from their own office.
· The consultancy firm should provide its own materials, i.e. computers, vehicles, office supplies, etc.
Policy both parties should be aware of:
· No job may commence unless the Purchase Order is signed by both UNICEF and the Contractor.
· The consultancy firm is not entitled to payment of overtime. All remuneration must be within the purchase order.
· The consultancy firm will not have supervisory responsibilities or authority on UNICEF budget.
· All appropriate and formal approvals must be received by UNICEF before any materials are finally submitted.
· Payment for the job done will be made only after it is fully certified that the job is satisfactorily done.
· The Consultancy firm shall be fully responsible for the safety of their personnel, and supplies/equipment/assets or property owned by the firm or its personnel, and UNICEF shall not be liable for any loss resulting from any cause whatsoever.
General Conditions: Procedures and Logistics
· The consultancy firm is expected to be equipped with the appropriate tools of the trade.
· The consultancy firm must make arrangements for their own transportation to and from project sites.
· All completed products are the property of UNICEF and cannot be used or replicated without written consent.
ANNEX II - UNICEF SPECIAL TERMS AND CONDITIONS
1.UNETHICAL BEHAVIOUR
UNICEF strictly enforces a policy of zero tolerance concerning unethical, unprofessional or fraudulent acts of UNICEF bidders. Accordingly, any registered bidder that is found to have undertaken unethical, unprofessional or fraudulent activities will be suspended or forbidden from continuing business relations with UNICEF.
2. CORRUPT AND FRAUDULENT PRACTICES
UNICEF requires that all bidders associated with this Invitation to Bid/Request for Proposal observe the highest standard of ethics during procurement and execution of the work. In pursuance of this policy UNICEF
(a) Defines for t purpose of this provision the terms set forth as follows:
(i) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in the execution of a contract, and
(ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the client, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the client of the benefits of free and open competition;
(b) Will reject a proposal for award if it determines that the selected supplier/contractor have engaged in any corrupt or fraudulent practices in competing for the contract in question;
(c) Will declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a UNICEF-financed contract if at any time it determines that it has engaged in any corrupt or fraudulent practices in competing for, or in executing a UNICEF-financed contract.
3. GUIDELINES ON GIFTS AND HOSPITALITY
Bidders shall not offer gifts or hospitality to UNICEF staff members. Recreational trips to sporting or cultural events, theme parks or offers of holidays, transportation, or invitations to extravagant lunches or dinners are also prohibited.
4. LATE DELIVERY
Without limiting any other rights or obligations of the parties hereunder, if the contractor will be unable to deliver the services by the delivery date stipulated in the Contract, the contractor shall (i) immediately consult with UNICEF to determine the most expeditious means for delivering the services and (ii) use an expedited means of delivery, at the contractor's cost, if reasonably so requested by UNICEF.
United Nations Children’s Fund Telephone + 211 91 2176145
South Sudan Country Office +211 91 2176149
Totto Chan Compound. Fax: +211 811 820 070
P.O. Box45 www.unicef.org
Juba,
Republic of South Sudan
5. RIGHTS OF UNICEF
In case of failure by the contractor to perform under the terms and conditions of this Contract, UNICEF may, after giving the contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:
(a) procure all or part of the services from other sources, in which event UNICEF may hold the contractor responsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate its damages in good faith;
(b) refuse to accept delivery of all or part of the services;
(c) terminate the Contract without any liability for termination charges or any other liability of any kind of UNICEF;
(d) for late delivery of services or for services which do not meet UNICEF’s terms of reference/statement of work and are therefore rejected by UNICEF, claim liquidated damages from the contractor and deducts 0.5% of the value of the services pursuant to a Contract per additional day of delay, up to a maximum of 10% of the value of the Contract. The payment or deduction of such liquidated damages shall not relieve the contractor from any of its other obligations or liabilities pursuant to this Contract.
ANNEX III - UNICEF GENERAL TERMS AND CONDITIONS FOR INSTITUTIONAL/ CORPORATE CONTRACTS
1. Acknowledgment copy
Signing and returning the acknowledgment copy of a contract issued by UNICEF or beginning work under that contract shall constitute acceptance of a binding agreement between UNICEF and the contractor.
2. Delivery Date
Delivery Date to be understood as the time the contract work is completed at the location indicated under Delivery Terms.
3. Payment Terms
(a) UNICEF shall, unless otherwise specified in the contract, make payment within 30 days of receipt of the contractor's invoice which is issued only upon UNICEF’s acceptance of the work specified in the contract.
(b) Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the contract.
(c) The prices shown in the contract cannot be increased except by express written agreement by UNICEF.
4. Limitation of Expenditure
No increase in the total liability to UNICEF or in the price of the work resulting from design changes, modifications, or interpretations of the statement of work will be authorized or paid to the contractor unless such changes have been approved by the contracting authority through an amendment to this contract prior to incorporation in the work.
5. Tax Exemption
Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs duties in respect of articles imported or exported for its official use. Accordingly, the contractor
authorizes UNICEF to deduct from the contractor's invoice any amount representing such taxes or duties charged by the contractor to UNICEF. 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.
6. 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.
7. Contractor’s Responsibility for Employees
The contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of the Contract, respect the local customs and conform to a high standard of moral and ethical conduct.
8. Indemnification
The contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, its officials, agents, servants and employees, from and against all suits, claims, demands and liability of any nature or kind, including their costs and expenses, arising out of the acts or omissions of the contractor or its employees or sub-contractors in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen’s compensation, product liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract.
9. Insurance and Liabilities to Third Parties
(a) The contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract.
(b) The contractor shall provide and thereafter maintain all appropriate workmen’s compensation and liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury or damage to property arising from the execution of this Contract. The contractor represents that the liability insurance includes sub-contractors.
(c) The contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of work under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract.
(d) Except for the workmen’s compensation insurance, the insurance policies under this Article shall:
(i) name UNICEF as additional insured;
(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.
(e) The contractor shall, upon request, provide UNICEF with satisfactory evidence of the insurance required under this Article.
10. Source of Instructions
The contractor shall neither seek nor accept instructions from any authority external to UNICEF in connection with the performance of its services under this Contract. The contractor shall refrain from any action which may adversely affect UNICEF or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNICEF.
11. Encumbrances/Liens
The contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNICEF against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the contractor.
12. Title to Equipment
Title to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF and any such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longer needed by the contractor. Such equipment when returned to UNICEF shall be in the same condition as when delivered to the contractor, subject to normal wear and tear.
United Nations Children’s Fund Telephone + 211 91 2176145
South Sudan Country Office +211 91 2176149
Totto Chan Compound. Fax: +211 811 820 070
P.O. Box45 www.unicef.org
Juba,
Republic of South Sudan
13. Copyright, Patents and Other Proprietary Rights
UNICEF shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regard to documents and other materials which bear a direct relation to or are prepared or collected in consequence or in the course of the execution of this contract. At UNICEF's request, the contractor shall take all necessary steps, execute all necessary documents and
assist in securing such proprietary rights and transferring them to the UNICEF in compliance with the requirements of the applicable law.
14. Confidential Nature of Documents
(a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the contractor under this Contract shall be the property of UNICEF, shall be treated as confidential and shall be delivered only to the UN authorized officials on completion of work under this Contract.
(b) The contractor may not communicate any time to any other person, Government or authority external to UNICEF, any information known to it by reason of its association with UNICEF which has not been made public except with the authorization of the UNICEF; nor shall the contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract with UNICEF.
15. Force Majeure; Other Changes in Conditions
(a) In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the contractor shall give notice and full particulars in writing to UNICEF of such occurrence or change if the contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The contractor shall also notify UNICEF of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. On receipt of the notice required under this Article, UNICEF shall take such action as, in its sole discretion; it considers to be appropriate or necessary in the circumstances, including the granting to the contractor of a reasonable extension of time in which to perform its obligations under the Contract.
(b) If the contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, UNICEF shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 14, “Termination”, except that the period of notice shall be seven (7) days instead of thirty (30) days.
United Nations Children’s Fund Telephone + 211 91 2176145
South Sudan Country Office +211 91 2176149
Totto Chan Compound. Fax: +211 811 820 070
P.O. Box45 www.unicef.org
Juba,
Republic of South Sudan
(c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection or other acts of a similar nature or force.
16. Termination
If the contractor fails to deliver any or all of the deliverables within the time period(s) specified in the contract, or fails to perform any of the terms, conditions, or obligations of the contract, or should the contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the contractor, UNICEF may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (30) days notice to the contractor.
In the event of any termination no payment shall be due from UNICEF to the contractor except for work and services satisfactorily performed in conformity with the express terms of this contract.
Upon the giving of such notice, the contractor shall have no claim for any further payment, but shall remain liable to UNICEF for reasonable loss or damage which may be suffered by UNICEF for reason of the default. The contractor shall not be liable for any loss or damage if the failure to perform the contract arises out of force majeure.
Upon termination of the contract, UNICEF may require the contractor to deliver any finished work which has not been delivered and accepted, prior to such termination and any materials or work-in-process related specifically to this contract. Subject to the deduction of any claim UNICEF may have arising out of this contract or termination, UNICEF will pay the value of all such finished work delivered and accepted by UNICEF.
The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” below shall not be deemed a termination of this Contract.
17. Sub-Contracting
In the event the contractor requires the services of subcontractors, the contractor shall obtain the prior written approval and clearance of UNICEF for all sub-contractors. The approval of UNICEF of a sub-contractor shall not relieve the contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and in conformity with the provisions of this Contract.
18. Assignment and Insolvency
- 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.
19. Use of UNITED NATIONS and UNICEF Name and Emblem
The contractor shall not use the name, emblem or official seal of the United Nations or UNICEF or any abbreviation of these names for any purpose.
20. Officials Not To Benefit
The contractor warrants that no official of UNICEF or the United Nations has received or will be offered by the contractor any direct or indirect benefit arising from this Contract or the award thereof. The contractor agrees that breach of this provision is a breach of an essential term of the Contract.
21. Prohibition on Advertising
The contractor shall not advertise or otherwise make public that the Contractor is furnishing goods or services to UNICEF without specific permission of UNICEF.
22. Settlement Of Disputes
Amicable Settlement
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.
Arbitration
Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party or the other Party’s request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.
23. Privileges and Immunities
The privileges and immunities of the UN, including its subsidiary organs, are not waived.
24. Child Labor
UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention of potential suppliers to Article 32 of the Convention which inter alia requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
25. Anti-Personnel Mines
UNICEF supports an international ban on the manufacture of anti-personnel mines. Anti-personnel mines have killed and maimed thousands of people, of whom a large proportion is children and women. Anti-personnel mines present a serious obstacle to the return of populations displaced from their residences by fighting around their villages and homes. UNICEF has, therefore, decided not to purchase products from companies that sell or manufacture anti-personnel mines or their components.
26. Authority to Modify
No modification or change in this Contract, no waiver of any of its provisions or any additional contractual relationship of any kind with the contractor shall be valid and enforceable against UNICEF unless provided by an amendment to this Contract signed by the authorized official of UNICEF.
27.Replacement of Personnel
UNICEF reserves the right to request the contractor to replace the assigned personnel if they are not performing to a level that UNICEF considers satisfactory. After written notification, the contractor will provide curriculum vitae of appropriate candidates within three (3) working days for UNICEF review and approval. The contractor must replace the unsatisfactory personnel within seven (7) working days of UNICEF’s selection.
If one or more key personnel become unavailable, for any reason, for work under the contract, the contractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain the project authority’s approval prior to making any substitution of key personnel. Key personnel are designated as follows:
(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, senior auditors) to be assigned for participation in the performance of the contract.
(b) Personnel whose resumes were submitted with the proposal; and
(c) Individuals who are designated as key personnel by agreement of the contractor and UNICEF during negotiations.
In notifying the project authority, the contractor shall provide an explanation of circumstances necessitating the proposed replacement(s) and submit justification and qualification of replacement personnel in sufficient detail to permit evaluation of the impact on the engagement.
Acceptance of a replacement person by the project authority shall not relieve the contractor from responsibility for failure to meet the requirements of the contract.
How to apply:SEALEDoffers must be placed in the bid box at theSupply & Procurement Office in the UNICEF Juba office up to 02:00 PM on 22/06/2015:
UNICEF South Sudan Country Office
Supply & Procurement Office B8
Bid Reference Number: LRFP-2015-9119360
Totto Chan Compound
P.O. Box 45, Juba
Republic of South Sudan
IMPORTANT – ESSENTIAL INFORMATION
The reference LRFP-2015-9119360 must be shown on the sealed envelope containing the offer. Bid form and schedules must be used when replying to this invitation.
Offers must be received at the above address by latest 03:00 PM on 08/07/2015, and will be opened at 03:30 pm on 08/07/2015 at the UNICEF Juba office. Bids received after the stipulated date and time will be invalidated. Bids send by email or fax will be invalidated, even if received before the stipulated deadline.
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 proposals may result in invalidation of your bid.
Bidding currency : US Dollars
Electrical submissions should be sent to sssdjuba@unicef.org.