INVITATION TO BID
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Annex I
INSTRUCTIONS TO BIDDERS
A. INTRODUCTION
1. General
UNDP invites Sealed Bids for the Delivery, Installation and Support of Information and Communication Technologies (ICT) Equipment for Public Libraries under Project No. 00071115: Bulgarian Libraries – Access Points to Information and Communication for All Program (Glob@l Libraries – Bulgaria Program).
2. Eligible Bidders
Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by UNDP to provide consulting services for the preparation of the design specifications, and other documents to be used for the procurement of delivery, installation and support of ICT equipment items under this Invitation to Bid.
3. Cost of Bid
The Bidder shall bear all costs associated with the preparation and submission of the Bid, and UNDP will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the solicitation.
B. SOLICITATION DOCUMENTS
4. Contents of Solicitation Documents
Bids must meet all technical specifications, quantities, documentation and requirements in their totality as specified in the Technical Specifications and Requirements (Annex II). Bids offering only part of the technical specifications, quantities, documentation and requirements will be rejected.
5. Examination of Solicitation Documents
The Bidder is expected to examine all corresponding instructions, forms, terms and specifications contained in the Solicitation Documents. Failure to comply with these documents will be at the Bidder’s risk and may affect the evaluation of the Bid.
6. Clarification of Solicitation Documents
A prospective Bidder requiring any clarification of the Solicitation Documents may notify UNDP in English and in writing. The response shall be made in writing to any request for clarification of the Solicitation Documents that UNDP receives earlier than one week prior to the Deadline for the Submission of Bids. Written responses in English (including an explanation of the query but without identifying the source of inquiry) shall be posted on glbulgaria.bg and undp.bg
7. Amendments of Solicitation Documents
No later than one week prior to the Deadline for Submission of Bids, UNDP may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, amend the Solicitation Documents. Any amendments will be published on glbulgaria.bg and on undp.bg. In order to afford prospective Bidders reasonable time in which to take the amendments into account in preparing their offers, UNDP may, at its discretion, extend the Deadline for the Submission of Bids.
C. PREPARATION OF BIDS
8. Language of the Bid
The Bid prepared by the Bidder and all correspondence and documents relating to the Bid exchanged by the Bidder and UNDP shall be written in the English language.
9. Eligibility Characteristics and Requirements
Participation in this procedure is open on equal terms to Bulgarian and foreign legal entities.
Eligible Bidders can be either companies or consortiums that meetthe eligibility characteristics and requirements, qualifications and conformity to the present solicitation package, as set below.
9.1. Eligibility Characteristics
a) Bidders should not be associated, or have been associated in the past, directly or indirectly, with a company or any of its affiliates which have been engaged by UNDP to provide consulting services to the documents to be used for the preparation under this Invitation to Bid.
b) Bidders shall not be considered eligible and will be excluded from participation in this procedure if:
i) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
ii) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country where they are established;
c) In the case of a consortium:
i) One of the consortium members shall be a leading organization under the present procedure and shall bear full responsibility on behalf of all consortium members for all contracted duties.
ii) Each consortium member has to meet individually the eligibility characteristics listed in sub-clause 9.1(b).
iii) Consortium members as a whole must meet the eligibility requirements for experience as a contractor of similar contracts, financial and human resources capacity listed in the table below.
iv) All consortium members will be jointly and severally responsible for performance of the awarded contract.
9. 2. Eligibility Requirements
|№ |Description |Eligibility Requirements |
|1. |Bidder Profile and Professional Experience |
|(a) |General information about the Bidder |(1) The Bidder is a company, whose professional experience is in delivery, |
| | |installation and support of ICT equipment. |
| | | |
| | |(2) The Bidder is a consortium, whose members have professional experience in |
| | |delivery, installation and support of ICT equipment. |
|(b) |Experience as a contractor of similar contracts|Three successful contracts of similar scope during the previous consecutive |
| | |five years (2005 – 2009), one of which for at least USD 1,000,000 (one million|
| | |USD) |
|(c) |Quality Management System |The Bidder (in case of consortium – each member) is expected to have quality |
| | |management system certified under ISO 9000 |
|2. |Financial Resources Capacity |
|(a) |Total revenue for the previous consecutive |USD 50,000,000 |
| |three years (2006 – 2008) | |
|(b) |Current liquidity capacity for the performance |Net working capital: USD 500,000 or higher (for companies bidding individually|
| |of the contract |and for consortiums as a whole) |
| | |Quick ratio of 1 or higher (for companies bidding individually and for each |
| | |consortium member) |
|3. |Human Resources Capacity |
|(a) |Support service centres in Bulgaria |Minimum six support service centres in six different cities spread around |
| | |Bulgaria, providing full national coverage. Each service centre should have at|
| | |least 2 IT support specialists, who provide full support necessary for IT |
| | |equipment. |
|(b) |Project Coordinator (Administration) |Person with five years relevant experience in administrative management of |
| | |projects with similar scope. |
|(c) |Quality Assurance Coordinator for IT support |Person with three years relevant experience in quality assurance management of|
| |services |IT support activities. |
|(d) |Dedicated staff available for delivery, |The Bidder has at least 30 IT support staff, who will be dedicated for the |
| |installation and support of ICT equipment |delivery, installation and support of ICT equipment. Of these 30, the Bidder |
| | |shall have at least 15 certified IT support staff who will be available for |
| | |the delivery, installation and for the warranty support, where at least 5 of |
| | |these 15 IT support staff shall be certified by the manufacturer to support |
| | |the ICT equipment. |
| | |The Bidder shall have at least another 15 IT support staff that will be |
| | |available for the provision of onsite software support services. |
| | |A minimum of 5 of the 30 IT support staff shall be Microsoft Certified. |
|4. |Methodology – in accordance with Annex II. Technical Specifications and Requirements |
|(a) |Description (up to 3 pages) |Describe the methodology for organizing and completing the delivery, |
| | |installation and support of ICT equipment for the target libraries under the |
| | |Glob@l Libraries - Bulgaria Program. The methodology will take into |
| | |consideration: |
| | |the volume of work |
| | |the territorial distribution of the target libraries |
| | |the optimal time frame for completing the work |
| | |Subcontractors – the type and scope of activities, if applicable |
|(b) |Work plan (up to 5 pages) |Prepare an indicative work plan for the delivery and installation of ICT |
| | |equipment to the target libraries for Phase One 2009 (as per the list of |
| | |target libraries available on ). The work|
| | |plan will commence following the contract signature and will include at least |
| | |the following tasks: supply of ICT equipment without operating system (OS); |
| | |installation of operating system and specified list of software (approved OS |
| | |image) on the computers; on-site delivery, installation, configuration and |
| | |acceptance test of all equipment for Phase One 2009 at 455 libraries spread |
| | |around Bulgaria. |
|(c) |Support of ICT equipment (up to 4 pages) |Prepare a description (up to 2 pages) and user guide of the available ICT |
| | |service request management system, providing ICT equipment users the |
| | |opportunity to create and monitor the status of their ICT service requests. |
| | |This system should provide UNDP or its authorized representatives the |
| | |opportunity to monitor service delivery levels for quality control purposes. |
| | | |
| | |Prepare a time schedule (up to 2 pages) for single ICT service request |
| | |resolution. The schedule should clearly state the steps, time frame and |
| | |resources involved in the resolution |
9.3 Documents Establishing the Bidder’s Eligibility, Qualifications and the Conformity of Delivery, Installation and Support of ICT Equipment to Bidding Documents
The Bidder shall furnish as part of its Bid, documents establishing the Bidder’s eligibility, qualifications and conformity to the Bidding Documents of all ICT equipment and related ICT delivery, installation and support under the Contract. The Documentary Evidence of the Bidder’s eligibility, qualifications and conformity to perform the Contract if its Bid is accepted shall be established to UNDP’s satisfaction.
The Documentary Evidence shall consist of:
a) In order to demonstrate they meet all eligibility characteristics and requirements, Bidders shall submit supporting documents in English or in legalized translation into English in accordance with the list below. In the case of a consortium, consortium members shall nominate one of the members as a leading organization who will be authorized to represent the consortium and sign all documents on its behalf. The requested documents will be submitted for individual members of the consortium or by nominated sub-contractors:
i. For Bulgarian legal entities or sole traders - Court and VAT registration, BULSTAT registration or certificate from the Commercial Register under Art. 23 of the Bulgarian Commercial Register Act. For foreign persons – certificates for incorporation under the law of the country in which the candidate is established.
ii. The Certificate of the current legal status/registration of the Bidder issued by the competent authority certificates for incorporation under the law of the country in which the Bidder is established not earlier than three months of date of submission of the Bid.
iii. Documentary proof under the law of the country in which the Bidder is established, to show that the Bidder does not have unfulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country where they are established.
iv. Documentary proof under the law of the country in which the Bidder is established, to show that it is not bankrupt or being wound up/having its affairs administered by the courts.
b) Duly filled out and signed Form 6. Company Declaration stating that the Bidder does not fall into any of the exclusion situations listed below:
i. has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
ii. has been the subject of a judgment for fraud, corruption, involvement in a criminal organization or any other illegal activity.
c) In the case of a consortium:
i. a copy of the relevant consortium contract, duly filled out by individual Consortium Members Form 6. Company Declaration and duly filled out Form 7. Consortium Declaration;
ii. a Power of Attorney for the consortium representative duly signed by legal representatives of all the Consortium members.
d) Annual balance sheet and Profit/Loss Account of the Bidder for the previous consecutive three years (2006, 2007 and 2008) – copies certified by the candidate, each member of the consortium.
e) Document for certification of the Quality Management System under ISO 9000.
f) A detailed description of the technical parameters of the ICT equipment in accordance with the Technical Specifications and Requirements (Annex II) duly included in Form 1. Technical Specifications and in the Bidder’s Draft Service Level Agreement for Onsite Warranty Hardware Support Services of ICT equipment and in the Bidder’s Draft Service Level Agreement for Software Support Services.
g) A list of the User Documentation and Warranty and Maintenance Documentation for the 11 ICT equipment items duly included in Form 3. ICT Equipment Documentation and electronic copies of this documentation included on a CD(s).
h) Documentary proof that the Bidder has at least 15 certified IT support staff who will be available for the delivery, installation and for the warranty support, where at least 5 of these 15 IT support staff shall be certified by the manufacturer to support the ICT equipment and a minimum of 5 shall be Microsoft Certified. Documentary proof that the Bidder has another 15 IT support staff that will be available for the provision of onsite software support services. A minimum of 5 of these IT support staff shall be Microsoft Certified. All certified IT support staff listed by the Bidder shall possess valid certificates and the Bidder undertakes to update these certificates on a periodic basis upon request from UNDP. Hard copies of the CV and the valid relevant certificate(s) for each employee in the two lists above shall be submitted by the Bidder. The Bidder shall also submit documentary proof that the listed certified employees are personnel of the Bidder and will be available to support the offered ICT equipment for the period of the Contract.
i) Declaration of Conformity from the Manufacturer for the parameters for each ICT equipment item proposed by the Bidder (a copy signed and sealed by the Bidder stating: ‘True to the Original’).
j) Declaration from the Manufacturer that the Manufacturer shall provide the requested warranty (as indicated in the Technical Specifications) for the laptops, desktops and servers offered by the Bidder (an original copy signed and sealed by the Manufacturer shall be provided).
k) Valid Authorization from the Manufacturer to the Bidder to sell and deliver the offered laptops, desktops, servers, all printers and projectors (a copy signed and sealed by the Bidder stating: ‘True to the Original’).
l) Valid Authorization from the Manufacturer to the Bidder to support the offered laptops, desktops, servers and all printers (a copy signed and sealed by the Bidder stating: ‘True to the Original’).
m) Documentary proof that the Bidder has a minimum of six service support centers with at least two dedicated staff members in each center. The documentary proof shall include the following minimum information: names and addresses of each of the six service support centers and a list with the names of the Bidder’s employees dedicated to each service support center. UNDP reserves the right to verify the truthfulness of the submitted documentary proof.
n) Bid Security pursuant to Clause 12 of the Instructions to Bidders.
10. Bid Currencies/Bid Prices
All prices shall be quoted in USD. The Bidder shall indicate the unit prices on I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages, and the unit prices on II. Price Schedule for Software Support Services.
The III. Bid Price comprises of the Total Price for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages, and the Total Price for Onsite Software Support Services.
All prices shall be quoted without VAT.
11. Period of Validity of Bids
Bids shall remain valid for 120 days after the date of Bid Submission prescribed by UNDP pursuant to Clause 15 of the Instructions to Bidders. A Bid valid for a shorter period may be rejected as non-responsive. In exceptional circumstances, UNDP may solicit the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. Bidders granting the request will not be required nor permitted to modify their Bids.
12. Bid Security
a) The Bidder shall furnish as part of its Bid a Bid Security to UNDP in the amount of USD 250,000.
b) The Bid Security is to protect UNDP against the risk of the Bidder’s conduct which would warrant the security’s forfeiture, pursuant to Clause 12(g) below.
c) The Bid Security shall be denominated in USD and shall be in the form of bank guarantee issued by a reputable bank, and in the form provided in these Solicitation Documents – Form 5. Bid Security.
d) Any Bid not secured in accordance with Clauses 12 a) and 12 c) above will be rejected by UNDP as non-responsive pursuant to Clause 20.1 of the Instructions to Bidders.
e) Unsuccessful Bidder Bid Security will be discharged or returned as promptly as possible, but not later than thirty (30) days after the expiration of the period of Bid Validity prescribed by UNDP pursuant to Clause 11 of the Instructions to Bidders.
f) The successful Bidder’s Bid Security will be discharged or returned upon the Bidder signing:
- the Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items, pursuant to clause 24 of Instructions to Bidders, and furnishing the Performance Bank Guarantee, pursuant to clause 25.1 of Instructions to Bidders.
or upon the Bidder signing
- the Contract for Delivery, Installation and Onsite Warranty Hardware Support, and Software Support Services for ICT Equipment Items pursuant to clause 24 of Instructions to Bidders, and furnishing the Performance Bank Guarantee, pursuant to clause 25.2 of Instructions to Bidders.
g) The Bid Security may be forfeited:
If a Bidder withdraws its offer during the period of the Bid Validity specified by the Bidder on the Bid Submission Letter, or in the case of a successful Bidder, if the Bidder fails:
- to sign the Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items in accordance with Clause 24 of Instructions to Bidders, or
- to sign the Contract for Delivery, Installation and Onsite Warranty Hardware Support, and Software Support Services for ICT Equipment Items in accordance with Clause 24 of Instructions to Bidders, or
- to furnish Performance Bank Guarantee in accordance with Clause 25.1 of Instructions to Bidders (prior to Contract signature), or
- to furnish Performance Bank Guarantee in accordance with Clause 25.2 of Instructions to Bidders (prior to Contract signature).
D. SUBMISSION OF BIDS
13. Format and Signing of Bids
The Bidder shall prepare two hardcopies of the Bid, clearly marking each “Original Bid” and “Copy of Bid” as appropriate as per Clause 14 of the Instructions to Bidders. The Bidder shall also submit the following forms electronically on CD(s) using the electronic templates provided by UNDP (available for download on glbulgaria.bg and undp.bg):
Form 2. Technical Specifications
Form 3. Price Schedule
Form 4. ICT Equipment Documentation
The Bidder shall also submit electronically on the CD(s), in accordance with the Bidder’s formats, and the requirements of the present solicitation package, the following documents:
Draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items
Draft Service Level Agreement for Software Support Services for ICT Equipment Items
In the event of any discrepancy between the “Original Bid”, “Copy of Bid” and the electronic forms on the CD(s), the “Original Bid” shall govern. The two hardcopies of the Bid (“Original Bid” and “Copy of Bid”) shall be typed or written in indelible ink and shall be signed by the Bidder or a person(s) duly authorized to bind the Bidder to the contract. A Bid shall contain no interlineations, erasures, or overwriting except, as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the bid.
Bidders shall submit a Price Schedule (as per Form 3) consisting of the following components:
I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages;
II. Price Schedule for Software Support Services;
III. Bid Price.
14. Sealing and Marking of Bids
a) The Bidder shall seal the original and the copy of the Bid in separate envelopes, duly marking the envelopes as “Original Bid” and “Copy of Bid”. Bid Submission contents shall follow the sequence listed below in Clause 14(b) and Clause 14(c). All pages of the hard copies (“Original Bid” and “Copy of Bid”) shall be duly numbered and signed by the Bidder. The page numbering shall be sequential for the entire Bid Submission.
b) The “Original Bid” envelope contains the following original documents:
i. Original hard copy of the Bid Submission Letter duly signed and sealed by the Bidder or by its authorized representative(s);
ii. Original hard copies of the following forms:
Form 1. Bidder Profile and Professional Experience;
Form 2. Technical Specifications;
Form 3. Price Schedule;
Form 4. ICT Equipment Documentation;
Form 5. Bid Security;
Form 6. Declaration;
Form 7. Consortium Declaration.
All Bidders (Companies and Consortiums) submit duly filled out and signed Forms 1 – 6. Form 6 is duly filled out and signed by Companies bidding individually and by Companies bidding as members of Consortiums. Bidding Consortiums also submit duly filled out and signed Form 7.
The Bidder shall also submit, in accordance with the Bidder’s formats, and the requirements of the present solicitation package, the following documents:
Draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items
Draft Service Level Agreement for Software Support Services for ICT Equipment Items
iii. Original hard copies of the following documents:
Legal Status
- For Bulgarian legal entities or sole traders - Court and VAT registration, BULSTAT registration or certificate from the Commercial Register under Art. 23 of the Bulgarian Commercial Register Act. For foreign persons – certificates for incorporation under the law of the country in which the candidate is established.
- The Certificate of the current legal status/registration of the Bidder issued by the competent authority certificates for incorporation under the law of the country in which the Bidder is established not earlier than three months of date of submission of the Bid.
- Documentary proof under the law of the country in which the Bidder is established, to show that the Bidder does not have unfulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country where they are established.
- Documentary proof under the law of the country in which the Bidder is established, to show that it is not bankrupt or being wound up/having its affairs administered by the courts.
Duly filled out and signed Form 6. Company Declaration stating that the Bidder does not fall into any of the exclusion situations listed below:
- has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
- has been the subject of a judgment for fraud, corruption, involvement in a criminal organization or any other illegal activity;
In the case of a consortium:
- a copy of the relevant consortium contract, duly filled out by individual Consortium Members Form 6. Company Declaration and duly filled out Form 7. Consortium Declaration;
- a Power of Attorney for the consortium representative duly signed by legal representatives of all the Consortium members;
Annual balance sheet and Profit/Loss Account of the Bidder for the previous consecutive three years (2006, 2007 and 2008) – copies certified by the candidate, each member of the consortium.
Document for certification of the Quality Management System under ISO 9000.
iv. Original hard copies of the following documents establishing the Bidder’s qualifications and conformity to bidding documents:
- User Documentation;
- Warranty and Maintenance Documentation;
- Documentary proof that the Bidder has at least 15 certified IT support staff who will be available for the delivery, installation and for the warranty support, where at least 5 of these 15 IT support staff shall be certified by the manufacturer to support the ICT equipment and a minimum of 5 shall be Microsoft Certified employees.
Documentary proof that the Bidder has another 15 IT support staff that will be available for the provision of onsite software support services. A minimum of 5 of these IT support staff shall be Microsoft Certified.
Hard copies of the CV and the valid relevant certificate(s) for each employee in the two lists above shall be submitted by the Bidder. The Bidder shall also submit documentary proof that the listed certified employees are personnel of the Bidder and will be available to support the offered ICT equipment for the period of the Contract;
- Declaration of Conformity from the Manufacturer(s) for the parameters for each ICT equipment item proposed by the Bidder (a copy signed and sealed by the Bidder stating: ‘True to the Original’);
- Declaration from the Manufacturer(s) that the Manufacturer(s) shall provide the requested warranty (as indicated in the Technical Specifications) for the laptops, desktops and servers offered by the Bidder (an original copy signed and sealed by the Manufacturer(s) shall be provided);
- Valid Authorization from the Manufacturer(s) to the Bidder to sell and deliver the offered laptops, desktops, servers, all printers and projectors (a copy signed and sealed by the Bidder stating: ‘True to the Original’);
- Valid Authorization from the Manufacturer(s) to the Bidder to support the offered laptops, desktops, servers and all printers (a copy signed and sealed by the Bidder stating: ‘True to the Original’);
- Documentary proof that the Bidder has six service support centers with at least two dedicated staff members in each center. The documentary proof shall include the following minimum information: names and addresses of each of the six service support centers and a list with the names of the Bidder’s employees dedicated to each service support center. UNDP reserves the right to verify the truthfulness of the submitted documentary proof;
c) The “Copy of Bid” envelope contains copies of all original documents listed in Clause 14 (b) and the CD(s) specified in Clause 13.
The “Original Bid” envelope and the “Copy of Bid” envelope shall then be sealed in an outer envelope.
d) The “Original Bid” envelope, the “Copy of Bid” envelope and the outer envelope shall:
i. be addressed to UNDP at the address given in the Invitation to Bid of these Solicitation Documents;
ii. make reference to the “subject” indicated in the Invitation to Bid of these Solicitation Documents, and a statement: “DO NOT OPEN BEFORE”, to be completed with the time and the date specified in the Invitation to Bid of these Solicitation Documents for Bid Opening pursuant to Clause 15 of the Instructions to Bidders.
e) The “Original Bid” envelope, the “Copy of Bid” envelope and the outer envelope shall also indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared “late”.
f) If the outer envelope is not sealed and marked as required by Clause 14(d) of the Instructions to Bidders, UNDP will assume no responsibility for the Bid’s misplacement or premature opening.
15. Deadline for Submission of Bids/Late Bids
a) Bids must be delivered to the mailing address on or before the date and time specified in the Invitation to Bid of these Solicitation Documents;
b) UNDP may, at its discretion, extend this deadline for the submission of the bids by amending the Bidding Documents in accordance with Clause 7 of the Instructions to Bidders, in which case all rights and obligations of UNDP and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended;
c) Any Bid received by UNDP after the Deadline for Submission of Bids will be rejected and returned unopened to the Bidder.
16. Modification and Withdrawal of Bids
The Bidder may withdraw its Bid after submission, provided that written notice of the withdrawal is received by UNDP prior to the deadline for submission. No Bid may be modified after passing of the Deadline for Submission of Bids. No Bid may be withdrawn in the interval between the Deadline for Submission of Bids and the expiration of the Period of Bid Validity.
E. OPENING AND EVALUATION OF BIDS
17. Opening of Bids
a) UNDP will open all Bids in the presence of Bidders’ Representatives who choose to attend on 23 April 2010, at 14:00 p.m., at the following address: 25 Khan Krum Street, Sofia 1040, Bulgaria. The Bidders’ Representatives who are present shall sign a register evidencing their attendance.
b) The Bidders’ names, Bid Modifications or withdrawals and the presence or absence of any other details as UNDP, at its discretion, may consider appropriate, will be announced at the opening. No Bid shall be rejected at Bid Opening, except for Late Bids, which shall be returned unopened to the Bidder pursuant to Clause 15(c) of the Instructions to Bidders.
c) Bids (and modifications sent pursuant to Clause 16 of Instructions to Bidders) that are not opened and read out at Bid Opening shall not be considered further for evaluation, irrespective of the circumstances. Withdrawn Bids will be returned unopened to the Bidders.
d) UNDP will prepare minutes of the Bid Opening.
18. Clarification of Bids
To assist in the examination, evaluation and comparison of Bids UNDP may at its discretion ask the Bidder for clarification of its Bid. The request for clarification and the response shall be in writing and no change in price or substance of the Bid shall be sought, offered or permitted.
19. Preliminary Examination
Prior to the Evaluation of the Bids, UNDP will check the availability of all documents (pursuant to Clause 9 and Clause 14 of the Instructions to Bidders) submitted by the Bidder which will be used in determining the completeness of each Bid.
20. Evaluation of Bids
The evaluation of Bids shall comprise of the following steps:
20.1. Step 1. Administrative Responsiveness
An administratively responsive Bid is one which is duly signed, contains all documents pursuant to Clause 14 of the Instructions to Bidders and each document is compliant with the requirements of Clause 9 of the Instructions to Bidders. A Bid determined as administratively not responsive will be rejected by UNDP and may not subsequently be made responsive by the Bidder by correction of the non-conformity.
20.2. Step 2. Technical Responsiveness
A technically responsive Bid is one which fully complies with the Technical Specifications and Requirements (Annex II). Technical responsiveness of the Bid is evaluated on the basis of the information provided by the Bidder in Form 2. Technical Specifications, the Draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items and the Draft Service Level Agreement for Software Support Services for ICT Equipment Items. A Bid determined as technically not responsive will be rejected by UNDP and may not subsequently be made responsive by the Bidder by correction of the non-conformity.
20.3. Step 3. Price Comparison
All technically responsive Bids shall be compared in terms of price, according to the Price Schedule provided by the Bidders.
UNDP reserves the right to consider successful either:
a) The technically responsive Bidder offering the lowest Bid Price as per I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages, or
b) The technically responsive Bidder offering the lowest III. Bid Price (I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages and II. Price Schedule for Software Support Services).
20.4. In case of computational and arithmetical errors, these will be rectified on the following basis: If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected. If the Bidder does not accept the correction of errors, its Bid will be rejected. If there is a discrepancy between words and figures the amount in words will prevail.
F. AWARD OF CONTRACT
21. Award Criteria
21.1. UNDP will issue either:
a) A Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items to the lowest priced technically qualified Bidder pursuant to Clause 20.3(a), or
b) A Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items, and Software Support Services for ICT Equipment Items to the lowest priced technically qualified Bidder pursuant to Clause 20.3(b).
21.2. UNDP reserves the right to accept or reject any Bid, to annul the solicitation process and reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder(s) or any obligation to provide information on the grounds for UNDP’s action.
22. UNDP’s Right to Vary
a) During the execution of the Contract, by approving the Delivery Plan for each Phase UNDP reserves without any change in unit price or other terms and conditions:
i. the right to decrease by up to 20 % of the quantity of individual ICT equipment items ordered;
ii. the right to increase the quantity of individual ICT equipment items ordered but not exceeding with more than 20% the Total Price under I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages according to the Contract (without VAT).
b) During the execution of the Contract UNDP reserves, without any change in the monthly rate or other terms and conditions:
i. the right to decrease by up to 20 % the quantity of the eligible ICT equipment items within the category of software support service as contracted;
ii. the right to increase the quantity of the eligible ICT equipment items within the category of software support service and/or to extend the duration of individual software support service as contracted by applying the Unit Price (monthly rate) offered in II. Price Schedule for Software Support Services but not exceeding with more than 20%.the Total Price under II. Price Schedule for Software Support Services according to the Contract (without VAT).
c) In the event of any advantageous technical changes and/or downward pricing of the products or services during the duration of the Contract, the Contractor shall notify UNDP immediately. UNDP shall consider the impact of any such event and may request an amendment of the Contract.
23. Notification of Award
Prior to the expiration of the period of Bid Validity, UNDP will send the successful Bidder either the Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items (Clause 21.1(a) of the Instructions to Bidders) or the Contract for Delivery, Installation and Onsite Warranty Hardware Support, and Software Support Services for ICT Equipment Items (Clause 21.1(b) of the Instructions to Bidders), which may only be accepted by the Contractor’s signing and returning an acknowledgement copy of them. Acceptance of the Contract shall effect agreements between the parties whose rights and obligations shall be governed solely by the terms and conditions of the Contract.
24. Signing of the Contract
Within 10 business days of receipt of the Contract the successful Bidder shall sign, date and return them to UNDP.
25. Performance Bank Guarantee
25.1. Performance Bank Guarantee for the Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the amount of 10% of the Total Price under the Price Schedule (I) without VAT via a Performance Bank Guarantee Form (Annex VI. Form 8A) provided for in these Solicitation Documents issued by a reputable bank, within 15 business days of receipt of notice for the award of the Contract from UNDP.
The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s failure to complete its obligations for delivery, installation and onsite warranty hardware support of ICT equipment items and other warranty obligations under the Contract.
After satisfactory delivery, installation and acceptance of the ICT equipment scheduled for Phase One and Phase Two, upon UNDP discretion, the Performance Bank Guarantee may be reduced to 7% of the Total Price under the Price Schedule (I) VAT to cover the Contractor's obligations for delivery and installation of the ICT equipment items scheduled for Phase Three and onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract.
After satisfactory delivery, installation and acceptance of all ICT equipment, upon UNDP discretion the Performance Bank Guarantee may be reduced to 5% of the Total Price under the Price Schedule (I) without VAT to cover the Contractor's obligations for onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract.
After the expiration of the duration of the Contract, upon UNDP discretion the Performance Bank Guarantee may be reduced to 2% of the Total Price under the Price Schedule (I) to cover the Contractor's obligations for onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract, which will survive the expiration of the Contract’s duration.
The Performance Bank Guarantee shall be valid until 30 days from the date of expiration of the latest warranty provided for the equipment delivered under the Contract.
25.2. Performance Bank Guarantee for the Provision of Software Support Services
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the amount of 10% of the Total Price under the Price Schedule (II) without VAT via a Performance Bank Guarantee Form (Annex VI. Form 8B) provided for in these Solicitation Documents issued by a reputable bank, within 15 business days of receipt of notice for the award of the Contract from UNDP.
The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s failure to complete its obligations for provision of the software support services under the Contract.
The Performance Bank Guarantee shall be valid until 30 days from date of the approval of final report on the provision of the software support services according to the Contract.
26. Annulment of Award
Failure of the successful Bidder to comply with the requirement of Clause 24 and/or the Performance Bank Guarantee Requirement of Clause 25 of the Instructions to Bidders shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security, in which event UNDP may make the award to the next lowest priced evaluated Bidder or call for new Bids.
27. Further Information
UNDP reserves the right to change or cancel this procurement process or any of its requirements at any time during the process. Such actions by UNDP will either be posted publicly or directly communicated to all participants in the process, as appropriate.
Annex II
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
GENERAL INFORMATION
The Glob@l Libraries – Bulgaria Program promotes the modernization of libraries throughout the country, thus helping Bulgarians integrate into the global information society. By end-2013, the program shall enable the use of ICT equipment and Internet by visitors at 900 public libraries in large and small towns and villages countrywide. Approximately 3,000 librarians will be trained in computer literacy, library service delivery and library management. The program will strive to include in its activities an additional 700 libraries. Through the support of the program, libraries are expected to expand their activities, to become more attractive places for visitors and to play an important local development role.
Target libraries will be selected for inclusion in the program in three phases. Phase One will be carried out in the second quarter of 2010, Phase Two will be carried out in the fourth quarter of 2010 and Phase Three in the middle of 2011. Each phase envisages the inclusion of libraries, abiding by the guidelines of balanced geographical spread. This factor envisages the inclusion of libraries from district and municipality centers, as well as from scarcely populated (non-communicative) areas.
The minimum requirement for Internet connection bandwidth per library is 512 Kbit/s.
Further information on the Glob@l Libraries – Bulgaria Program is available on glbulgaria.bg.
I. TECHNICAL SPECIFICATIONS OF ICT EQUIPMENT FOR 900 PUBLIC LIBRARIES
1. PROCUREMENT OF ICT EQUIPMENT
With this Invitation to Bid UNDP seeks for a Contractor to carry out Delivery, Installation and Support of ICT Equipment for 900 Target Libraries under the Glob@l Libraries - Bulgaria Program. On 14 October 2009, 455 libraries were approved by the Global Libraries - Bulgaria Program Board for Phase One (the full list of approved libraries and an interactive map of the libraries list is available on ). For Phase Two and Phase Three the remaining 445 libraries will be approved at a later stage.
The ICT equipment that will be procured to the selected libraries is classified in 6 ICT packages as per Table 1.
Table 1. Details of Library ICT Equipment Packages
| | |Total Number of |Phase One |Phase Two |Phase |
|ICT Package |ICT Equipment Package |Libraries per | | |Three |
| | |ICT Equipment | | | |
| | |Package | | | |
|2: Chitalishte* and municipal |1 Laptop |57 |42 |10 |5 |
|libraries in settlements with |13 Desktops | | | | |
|population above 5,000 people and |1 Color Printer | | | | |
|available space for ICT equipment of |1 Multifunctional Printer Type A | | | | |
|at least 36 sq. m. |1 Projector, screen and stand | | | | |
| |1 Router | | | | |
| |1 Switch Type C | | | | |
|3: Chitalishte libraries in |1 Laptop |90 |88 |2 |0 |
|settlements with population between |6 Desktops | | | | |
|2,000 – 5,000 people and available |1 Multifunctional Printer Type B | | | | |
|space for ICT equipment of at least 24|1 Projector, screen and stand | | | | |
|sq.m. |1 Router | | | | |
| |1 Switch Type B | | | | |
|4: Chitalishte libraries in |5 Desktops |190 |128 |36 |26 |
|settlements with population between |1 Multifunctional Printer Type B | | | | |
|1,000 – 2,000 people and available |1 Projector, screen and stand | | | | |
|space for ICT equipment of at least 18|1 Router | | | | |
|sq.m. |1 Switch Type B | | | | |
|5: Chitalishte libraries in |ICT Equipment Package 5A: |123 |25 |58 |40 |
|settlements with population below |4 Desktops | | | | |
|1,000 people and available space for |1 Multifunctional Printer Type B | | | | |
|ICT equipment of at least 12 sq. m |1 Router | | | | |
| |1 Switch Type A | | | | |
| |ICT Equipment Package 5B: |300 |110 |100 |90 |
| |3 Desktops | | | | |
| |1 Multifunctional Printer Type B | | | | |
| |1 Projector, screen and stand | | | | |
| |1 Router | | | | |
| |1 Switch Type A | | | | |
|6: Libraries with space from 6 to 11 |3 Desktops |113 |35 |41 |37 |
|sq. m. (all libraries whose available |1 Multifunctional Printer Type B | | | | |
|space for ICT equipment is under 12 |1 Router | | | | |
|sq.m.) |1 Switch Type A | | | | |
| |900 |455 |247 |198 |
|GRAND TOTALS | | | | |
* The chitalishte are a unique Bulgarian phenomenon, which dates back to the 19th century. Initially organized and supported by their communities as libraries, reading-rooms and social spaces, with time the chitalishte developed as local educational and cultural institutions
2. TECHNICAL SPECIFICATIONS AND QUANTITIES OF ICT EQUIPMENT ITEMS
All quantities per ICT equipment item (Table 2) shall have identical parameters (including the relevant product number). ICT equipment items shall be produced by a single manufacturer as indicated in Table 2 below.
Table 2. Total Quantities per ICT Equipment Item and Manufacturing Requirements
|No |ICT Equipment Item |Quantity |
|ICT Equipment Items 1, 2 and 3 shall be produced by a single manufacturer |
|1 |Laptop |174 |
|2 |Desktop |4610 |
|3 |Server |27 |
|ICT Equipment Items 4, 5 and 6 shall be produced by a single manufacturer |
|4 |Color Printer |84 |
|5 |Multifunctional Printer Type A |84 |
|6 |Multifunctional Printer Type B |816 |
| |
|7 |Projector (including screen with stand) |664 |
|8 |Router |900 |
|ICT Equipment Items 9, 10 and 11 shall be produced by a single manufacturer |
|9 |Switch Type A |536 |
|10 |Switch Type B |280 |
|11 |Switch Type C |111 |
In addition, all quantities per ICT equipment item shall be in accordance with Table 3. Technical Specifications.
Table 3. Technical Specifications
|General Requirements for All ICT Equipment Items |
|Electrical Power |All active (powered) ICT equipment must operate on 220v +/- 20v, 50Hz +/- 2Hz. All active ICT|
| |equipment must include power plugs in accordance with the standard in Bulgaria. |
|Environmental |Unless otherwise specified, all ICT equipment must operate in environments of 10-30°C, 20-80 |
| |percent relative humidity, and 0-40 g/m3 of dust |
|Safety |Unless otherwise specified, all ICT equipment must operate at noise levels no greater than 45 |
| |decibels. All ICT equipment that emits electromagnetic energy must be certified as meeting US |
| |FCC class B or EN 55022 and EN 50082-1 or equivalent, emission standards. |
|Specific Requirements for Individual ICT Equipment Items |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|1 |Laptop |Processor |Minimum single processor with two cores 2,0 GHz, |
| | | |64-bit |
| | | | |
| | |Memory |Minimum 2GB DDR3 |
| | |Hard Disk Size |Minimum 120 GB |
| | |Display size |Between 15"-16", 1280x800 |
| | |Optical Device |DVD±RW |
| | |Operating System |None or free (Microsoft Windows7 will be |
| | | |provided) |
| | |USB 2.0 slots |Minimum 3 |
| | |Microphone, Speakers, WEB Camera |Built-in |
| | |Microphone connector |3,5mm |
| | |Headphones connector |3,5mm |
| | |Video Connector |VGA |
| | |LAN port and speed |Integrated RJ-45,10/100 |
| | |Memory card reader |6in1 or similar |
| | |Wireless capability |Minimum integrated 802.11g |
| | |Bluetooth |Built-in |
| | |Caring case |yes |
| | |Optical USB mouse |The same brand as the Laptop |
| | |Keyboard |BDS, USB, The same brand as the Laptop |
| | |Certificates |IT ECO Declaration, CE Mark, RoHS, WEEE, Energy |
| | | |Star, IEEE 1680, Microsoft Windows 7 Compatible |
| | |Warranty |Minimum 3 years from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|2 |Desktop |Processor |Minimum single processor with two cores 2,5 GHz,|
| | | |Minimum FSB 1000MHz |
| | | | |
| | |Memory |Minimum 3GB, 1000MHz DDR3 |
| | |Hard Disk Size |Minimum 250 GB 7200rpm |
| | |Case Size |Maximum Small Form Factor |
| | |Power supply |Maximum 250W PFC |
| | |Monitor |Minimum 20", Minimum contrast 1000:1, Refresh 5 |
| | | |ms, TCO, IEEE 1680, Energy Star, RoHS, The same |
| | | |brand as the Desktop |
| | |PCI Extension Slots |Minimum 2 |
| | |Optical Device |Minimum DVD±RW |
| | |Operating System |None or free (Microsoft Windows7 will be |
| | | |provided) |
| | |Operating System and Peripherals |Microsoft Windows 7 |
| | |Compatibility | |
| | |USB 2.0 slots |Minimum 6 (Minimum 2 on the front) |
| | |Microphone connector |Exactly 3,5mm |
| | |Headphones connector |Exactly 3,5mm |
| | |Video controller and connector |Integrated, Support of Directx10, Minimum |
| | | |interface VGA or DVI |
| | |LAN port and speed |Integrated RJ-45,10/100/1000 |
| | |Optical USB mouse |The same brand as the Desktop |
| | |Keyboard |BDS, USB, The same brand as the Desktop |
| | |Peripheral |Web Camera (Microsoft Windows 7 compatible, cable|
| | | |USB 1.5m, 640x480, Clip/Desk Stand), Headphones |
| | | |with integrated microphone(3,5mm connectors) |
| | |Security |Case Fixed Locking System |
| | |Certificates |IT ECO Declaration, CE, RoHS, WEEE, Energy Star |
| | | |5.0, IEEE 1680, Microsoft Windows 7 Compatible |
| | |Warranty |Minimum 3 years from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|3 |Server |Minimal Processor Requirements |One processor, Quad-Core, 2.2 GHz |
| | |Memory |Minimum 4GB |
| | |Memory Dimm Slots |Minimum 4 |
| | |Hard disk Drives |Minimum 2x136 GB, 7,200rpm, 8Mb cache |
| | |Hard disk bays |Minimum 8 |
| | |Monitor |Minimum 20", Minimum contrast 1000:1, Refresh 5 |
| | | |ms, TCO, IEEE 1680, Energy Star, RoHS, The same |
| | | |brand as the Server |
| | |Installed Operating System |NONE |
| | |Operating System Compatibility |Microsoft Windows Server 2008 |
| | |Raid Controller | RAID 0,1,5 |
| | |LAN port and speed |Integrated RJ-45,10/100/1000 |
| | |Operating System |None or free (Microsoft Windows Server 2008 will |
| | | |be provided) |
| | |Remote management port |Integrated |
| | |Type |Tower |
| | |Optical USB mouse |Yes |
| | |Keyboard |BDS, USB, The same brand as the Desktop |
| | |Certificates |CE, RoHS |
| | |Warranty |Minimum 3 years from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|4 |Color Printer |Type |Color Laser |
| | |Black print resolution |Minimum 600 X 600 DPI |
| | |Black Speed |Minimum 15 sheets/minute |
| | |Color Print Resolution |Minimum 600 X 600 DPI |
| | |Color Speed |Minimum 10 sheets/minute |
| | |Average Monthly Volume |Minimum 4000 pages |
| | |Paper input capacity |Minimum 250 sheets |
| | |USB connection |Yes |
| | |Manual feed tray |Yes |
| | |Memory |Minimum 64MB |
| | |Compatibility |Microsoft Windows 7 |
| | |Warranty |Minimum 1 year from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|5 |Multifunctional |Type |Black and White Laser |
| |Printer Type A | | |
| | |Black print resolution |Minimum 1200x1200 DPI |
| | |Black Speed |Minimum 25 sheets/minute |
| | |Average Monthly Volume |Minimum 12000 pages |
| | |Paper Input Capacity |Minimum 500 sheets |
| | | | |
| | |Manual feed tray |Yes |
| | |Trays |Minimum 2 + manual feeder |
| | |Automatic Data Feeder |Minimum 50 sheets |
| | |Automatic Data Feeder Double Side Scan |Yes |
| | |Digital Sending Features |e-mail; folder; fax |
| | |Network |10/100Base-TX Ethernet, USB 2.0. |
| | |Memory |Minimum 64 MB |
| | |Automatic two-sided printing |Yes |
| | | | |
| | |Compatibility |Microsoft Windows 7, Microsoft Server 2008 |
| | |Warranty |Minimum 1 year from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|6 |Multifunctional |Type |Black and White Laser |
| |Printer Type B | | |
| | |Print resolution |Minimum 600x600 DPI |
| | |Black Speed |Minimum 20 sheets/minute |
| | |Average Monthly Volume |Minimum 8 000 pages |
| | |Paper Input Capacity |Minimum 250 sheets |
| | |Manual Feed Tray |Yes |
| | |Automatic Data Feeder |Yes |
| | |Digital sending features |e-mail; folder |
| | |Network | USB 2.0. |
| | |Memory |Minimum 32 MB |
| | |Automatic two-sided printing |Yes |
| | |USB connection |Yes |
| | |Compatibility |Microsoft Windows 7 |
| | |Warranty |Minimum 1 year from the Manufacturer |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|7 |Projector |Contrast |Minimum 2400:1 |
| | |Resolution |Minimum 1024 x 768 |
| | |Brightness |Minimum 2500 ANSI |
| | |Lamp life |Minimum 2500h |
| | |Case |Yes |
| | |Connectors |Minimum VGA, S-Video |
| | |Projector screen with stand requirements |Dimensions150x150cm,Typefloor stand, Portable |
| | | |yes, Case yes |
| | |Warranty |Minimum 2 years |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|8 |Router |WAN port |RJ45, Ethernet |
| | |Switch ports at least |4xRJ45, Ethernet |
| | |Minimal Features |NAT, DHCP, Firewall |
| | |Management |WEB based |
| | |Ports standard |Ethernet 10/100 |
| | |Warranty |Minimum 2 years |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|9 |Switch Type A |Exact Number of Ports |8 ports x RJ45 |
| | |Standard |Ethernet 10/100 |
| | |Warranty |Minimum 2 years |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|10 |Switch Type B |Exact Number of Ports |16 ports x RJ45 |
| | |Standard |Ethernet 10/100 |
| | |Warranty |Minimum 2 years |
|No |ICT Equipment Item |Parameter |Parameter Requirement |
|11 |Switch Type C |Exact Number of Ports |24 ports x RJ45 |
| | |Standard |Ethernet 10/100 |
| | |Warranty |Minimum 2 years |
The Manufacturer(s) shall be able to provide periodic updates of the firmware, drivers and software updates for all ICT equipment items from a relevant website(s).
II. REQUIREMENTS FOR ONSITE WARRANTY HARDWARE SUPPORT OF ICT EQUIPMENT
1. Onsite Warranty Hardware Support
1. The onsite warranty hardware support services of ICT equipment during the warranty period will be provided as per the Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items, if otherwise not provided in the Special Conditions for Delivery, Installation and Onsite Warranty Hardware Support of the ICT Equipment Items or in the General Terms and Conditions for Goods.
2. The Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items will be agreed by the Contractor and UNDP prior to issuing the Contract and will become an integral part of the Contract.
3. The Contractor shall propose a draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items according to the following requirements:
a) The warranty support of the ICT equipment will begin after signature of the acceptance protocols for each package and will end not before the expiry of minimum warranty period for each item in the package as specified in the Technical Specification.
b) The onsite warranty hardware support of the ICT equipment will be available: from 09:00 hrs to 17:30 hrs during business days.
c) If, during the warranty support period, any defects are discovered or arise in the normal course of usage of the ICT equipment, the Contractor shall remedy the defects within ten (10) business days since their registration in the Service Request Management System of the Contractor either by replacement or by repair.
d) All ICT equipment failures shall be registered as Service Requests into the Service Request Management System (SRMS) owned and supported by the Contractor. The SRMS should offer the following communication channels: landline, mobile line, e-mail and Internet. The relevant SRMS communication channel will be selected by each library on a case-by-case basis depending on the library communication infrastructure and the communication capabilities of individual library workers.
e) Prior to the beginning of the delivery of ICT equipment to the target libraries, each target library shall be registered in the above-mentioned SRMS as a unique account. The full list of accounts and passwords of individual target libraries will be provided to the Contractor by UNDP. Through each library account, the account holder shall be able to: register, track account and SRMS status, pose comments or questions and close the Service Requests created by the account holder.
f) At least five administrative accounts shall be created for UNDP. Each administrative account should be able to track and produce aggregated reports on all registered Service Requests, their status and pending issues. Within one week after the end of each month, the Contractor shall provide UNDP with a duly signed hard copy and electronic version of a monthly report. The monthly report shall contain the total number of: registered, closed (solved) and pending service requests as well as all outstanding issues. The template of the monthly report will be jointly agreed between UNDP and the Contractor.
III. REQUIREMENTS FOR SOFTWARE INSTALLATION AND ONSITE SETUP OF ICT EQUIPMENT
1. Installation of Software on ICT Equipment
1.1. UNDP shall provide the Contractor with the full list of software (including but not limited to Microsoft Windows 7; Microsoft Office Products, Microsoft Windows Server 2008) to be installed on all desktops, laptops and servers by the Contractor, as well as the necessary software licenses in two weeks from the date of Contract signature, without further costs to UNDP. No specialized software is envisaged to be installed.
1.2. The Contractor shall install the operating system and software from the list mentioned above, as well as all necessary drivers on a single desktop, laptop and server in order to form sample configurations.
1.3. The Contractor shall setup the network configuration, computer name and License Keys on each desktop, laptop and server in accordance with instructions provided by UNDP in writing.
1.4. Upon approval by UNDP, the sample configurations shall become master configurations which shall be used for creation of images.
1.5. The Contractor shall create two master copies of each image, one for UNDP and one for the Contractor, and shall copy the master images on all desktops, laptops and servers.
2. Onsite Setup of the ICT Equipment Services
2.1. At each target library as per the Schedule of Delivery for the Phase, without any further cost to UNDP, the Contractor shall:
i) be responsible for all unpacking, assembling, wiring, installation, cabling between the ICT equipment items and components, as well as the connections to power supplies;
ii) install all the delivered ICT equipment items and setup the network connections and configuration.
IV. REQUIREMENTS FOR SOFTWARE SUPPORT SERVICES
1. Scope of Work
The Contractor is expected to provide onsite and helpdesk (call center) support of the software installed on all desktops, laptops, servers and rooters delivered by the Contractor including but not limited to:
• For desktops – Microsoft Windows 7, Microsoft Office Products
• For laptops - Microsoft Windows 7, Microsoft Office Products
• For servers - Microsoft Windows Server 2008
• For routers – Firmware and configuration
UNDP shall provide the full list of software. No specialized software is envisaged to be installed.
2. Requirements for Service Level Agreement for Software Support Services
The Contractor shall propose a draft Service Level Agreement for Software Support Services according to the following requirements:
a) The signature of the Acceptance Protocol will be considered for subscription for software support service for each eligible ICT equipment item included in the package;
b) The duration of the subscription of individual software support service will be 18 months.
c) The software support service should be available: from 09:00 hrs to 17:30 hrs during business days.
d) The Contractor shall provide the software support service within ten (10) business days since their registration in the Service Request Management System of the Contractor.
e) All software issues shall be registered as Service Requests into the Service Request Management System (SRMS) owned and supported by the Contractor (could be the same as the one used for registering and tracking requests for hardware support). The SRMS should offer the following communication channels: landline, mobile line, e-mail and Internet. The relevant SRMS communication channel will be selected by each library on a case-by-case basis depending on the library communication infrastructure and the communication capabilities of individual library workers.
f) Prior to the subscription of the software support service to the target libraries, each target library shall be registered in the above-mentioned SRMS as a unique account. The full list of accounts and passwords of individual target libraries will be provided to the Contractor by UNDP. Through each library account, the account holder shall be able to: register, track account and SRMS status, pose comments or questions and close the Service Requests created by the account holder.
g) At least five administrative accounts shall be created for UNDP. Each administrative account should be able to track and produce aggregated reports on all registered Service Requests, their status and pending issues. Within one week after the end of each month, the Contractor shall provide UNDP with a duly signed hard copy and electronic version of a monthly report. The monthly report shall contain the total number of: registered, closed (solved) and pending service requests as well as all outstanding issues. The template of the monthly report will be agreed by the Contractor and UNDP.
h) The Contractor shall provide quarterly reports and final report on the provision of the software support services in the format approved by UNDP.
V. REQUIREMENTS FOR IT SUPPORT STAFF QUALIFICATIONS
The Contractor shall maintain at least 15 certified IT support staff who will be available for the delivery, installation and for the warranty support, where at least 5 of these 15 IT support staff shall be certified by the manufacturer to support the ICT equipment.
The Contractor shall maintain at least another 15 IT support staff that will be available for the provision of onsite software support services.
The Contractor shall maintain a minimum of 5 Microsoft Certified IT support staff.
All certified IT support staff listed by the Contractor shall possess valid certificates and the Contractor undertakes to update these certificates on a periodic basis upon request from UNDP.
Annex III
SPECIAL CONDITIONS
I. SPECIAL CONDITIONS FOR THE DELIVERY OF THE ICT EQUIPMENT
1. Delivery of ICT Equipment
1. Delivery plan
The Contractor shall deliver the ICT equipment according to the Delivery Plan approved for each Phase.
The Delivery Plan shall be prepared for requested ICT equipment for each Phase in the format of Annex VI. Form 9. Delivery Plan Templates and shall be agreed by the Contractor and UNDP prior to the delivery.
The ICT Equipment Ledger and the Schedule of Delivery shall be approved by the Contractor and UNDP at least two weeks prior to the beginning of delivery for each respective Phase and shall form an integral part of the Delivery Plan for each Phase.
The ICT Equipment Ledger shall be prepared in the template as per Annex VI. Form 9. Delivery Plan Templates. UNDP shall fill out the entire ICT Equipment Ledger except for the Serial Numbers which shall be entered in the ICT Equipment Ledger by the Contractor. The Contractor shall submit the duly filled out ICT Equipment Ledger for approval by UNDP.
The Delivery Plan for each Phase shall take into consideration the following timeframe and milestones:
i) ICT equipment packages as specified in Table 1. Details of Library ICT Equipment Packages as per the Technical Specifications and Requirements will be delivered in their entirety to each single library at one delivery per library.
ii) Delivery Plan for Phase One shall be signed by both parties on the date of signing the Contract.
iii) Delivery of ICT equipment for Phase One shall start not later than 6 weeks from the date of signature of the Delivery Plan for Phase One and shall be completed within 18 weeks from the date of signature of the Delivery Plan for Phase One.
iv) The Contractor shall sign the Delivery Plan for Phase Two and Phase Three within five (5) business days of receipt of the Delivery Plan for the respective Phase from UNDP.
v) Deliveries of ICT equipment for Phase Two and Phase Three shall start not later than 4 weeks after signing the Delivery Plan for the respective Phase. Deliveries for Phase Two and Phase Three shall be completed within 8 weeks from the date of the signature of the Delivery Plan for the respective Phase.
2. Packing
The Contractor shall provide such packing of the ICT equipment items as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the ICT equipment items final destination and the absence of heavy handling facilities at all points in transit.
The packing, inventory marking and documentation within and outside the packages shall comply strictly with the special requirements as shall be expressly provided for in the Contract in accordance with the Technical Specifications and Requirements, including additional requirements, if any, and in any subsequent instructions provided by UNDP.
The Contractor shall label each ICT equipment item with the respective property ledger number according to the ICT Equipment Ledger attached to the Delivery Plan prior to delivery of the ICT equipment packages in each library without further costs to UNDP.
All ICT equipment items shall be prepared for delivery in completely assembled units or component parts to facilitate handling and field assembly. All small and loose parts and miscellaneous materials shall be prepared for delivery in a manner that will prevent loss and damages and permit ready and complete identification.
3. Transportation
The Contractor is required to deliver the ICT equipment items to the target libraries approved by the Global Libraries - Bulgaria Program Board (the full list of approved libraries and an interactive map of the libraries list is available on ). The delivery will be carried out in three phases following the approved Delivery Plan for each phase – for Phase One up to 455 libraries, for Phase Two and Phase Three up to 445 libraries, which will be approved at a later stage (further information on the Glob@l Libraries – Bulgaria Program is available on glbulgaria.bg).
Transportation of the ICT equipment items to these destinations shall be specified in the Delivery Plan and shall be arranged and paid for by the Contractor, and the cost thereof shall be included in the Contract Price.
2. Acceptance of the ICT Equipment
1. Inspection prior to the dispatch of ICT equipment to target libraries
Before the dispatch of ICT equipment to target libraries, UNDP shall have a reasonable time to inspect the ICT equipment for conformity with the Technical Specifications. As a result of the inspection, UNDP may release the ICT equipment for dispatch to the target libraries. This inspection does not relieve the Contractor from its contractual obligations.
2. Handover of the ICT equipment items at each target library
At each target library, the ICT equipment items, quantities and serial numbers shall be inspected in the presence of the Contractor by authorized UNDP experts against the relevant ICT equipment package per library in accordance with the Technical Specifications and the Delivery Plan. A handover checklist for each package shall be signed by the Contractor and authorized UNDP experts.
3. Refusal to accept the delivered ICT equipment
Should any tested ICT equipment item fails to conform to the Technical Specifications or is not delivered in its entirety as part of an ICT equipment package or fails the operational acceptance testing, UNDP may refuse or reject the delivered ICT equipment package. In any of these cases, the Contractor shall either replace the non-conforming ICT equipment item or make alterations to this item to render the ICT equipment package to its entirety free of charge to UNDP.
3. Insurance, Warranty and Spare Parts
1. Insurance
The Contractor undertakes to insure the ICT equipment delivered under the Contract through a reputable insurance company in Bulgaria against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery for the amount of the total cost of the ICT equipment under the Contract. The insurance shall be valid up to the point when the handover checklist for ICT equipment for each individual target library is signed by the Contractor and by authorized UNDP experts.
2. Warranty obligations
The support services of ICT equipment during the warranty period will be performed according to the Service Level Agreement for Warranty Support Services of ICT equipment, if otherwise not provided in these Special Conditions for delivery, installation and onsite warranty hardware support of the ICT equipment or in the General Terms and Conditions for Goods.
The warranty support services of the ICT equipment shall begin after signature of the Acceptance Protocol for each package and will end not before the expiry of minimum warranty period for each item in the package as per the Technical Specification.
The Contractor warrants that the ICT equipment items delivered under the Contract are new, recent or current models and incorporate recent improvements in design and materials. Under the Contract and fully compensated for by payment of the Contract’s Price, the Contractor shall establish and maintain the necessary technical, logistical, staffing, management, and spare parts resources necessary to provide, during the warranty period.
The Contractor further warrants that all ICT equipment items delivered under the Contract shall have no defect arising from design, materials or workmanship (except insofar as the design or material is required by the UNDP's Technical Specifications) or from any act or omission of the Contractor, that may develop under normal use of the delivered ICT equipment items in the conditions obtaining in the country of final destination.
All warranty rules must also cover the full ICT equipment installation process. The Contractor shall provide warranty for all ICT equipment items for the periods specified in the Technical Specifications.
In case of any claims arising under the warranty, the Contractor shall be notified via the Service Request Management System. Upon receipt of such Service Request, the Contractor shall, with all reasonable speed, repair or replace the defective ICT equipment items or parts thereof (including onsite warranty hardware support), without further costs to UNDP. If the Contractor, having been notified, fails to remedy the defect(s) within the specified period, UNDP may proceed to take such remedial action as may be necessary, at the Contractor's risk and expense and without prejudice to any other rights which UNDP may have against the Contractor under the Contract.
If, during the warranty period, any defects are discovered or arise in the normal course of usage, the Contractor shall remedy the defect within ten (10) business days (since the registration of service request) either by replacement or by repair.
If an ICT equipment item malfunctions in substantially the same way three (3) times, registered in the Service Request Management System of the Contractor from the logging of the third Service Request, within ten (10) business days the malfunctioning item shall be replaced with an equivalent new item or with a new item of superior functionality and performance from the original manufacturer.
In case of replacement of malfunctioning ICT equipment item, a protocol with the identification information for both the malfunctioning and the new items shall be signed by the Contractor and UNDP. The ownership of the malfunctioning item shall then revert to the Contractor.
3. Spare parts
The Contractor is required to provide any or all of the following materials and notifications pertaining to spare parts manufactured or distributed by the Contractor:
• Laptops - power adapter, Hard Disk Drive, memory, battery, keyboard
• Desktops – power supply, Hard Disk Drive, memory, cooler fans, motherboard
• Servers - power supply, Hard Disk Drive, memory, cooler fans, motherboard
• All Printers – drum
• Projectors – lamp
Such spare parts as UNDP may elect to purchase from the Contractor, provided that this election shall not relieve the Contractor of any warranty obligations under the Contract; and in the event of termination of production of the spare parts advance notification to UNDP of the pending termination, in sufficient time to permit UNDP to procure needed requirements.
4. Acceptance Protocols
Monthly Acceptance Protocols shall be signed by UNDP and by the Contractor in two original copies one for each party to verify that the corresponding ICT equipment package is delivered in its entirety, installed, operationally tested and accepted for each individual library on the basis of the handover checklist and the checklist for operational acceptance test during the month.
5. UNDP’s Right to Vary
During the execution of the Contract, by approving the Delivery Plan for each Phase UNDP reserves without any change in unit price or other terms and conditions:
i. the right to decrease by up to 20 % of the quantity of individual ICT equipment items ordered;
ii. the right to increase the quantity of individual ICT equipment items ordered but not exceeding with more than 20% the Total Price under I. Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages according to the Contract (without VAT).
In the event of any advantageous technical changes and/or downward pricing of the Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment during the duration of the Contract, the Contractor shall notify UNDP immediately. UNDP shall consider the impact of any such event and may request an amendment of the Contract.
6. Taking-Over Certificate
Upon its own discretion UNDP may issue a Taking-Over Certificate after of expiration of the latest warranty provided for the equipment delivered under the Contract.
II. SPECIAL CONDITIONS FOR SOFTWARE INSTALLATION ON THE ICT EQUIPMENT AND ONSITE SETUP SERVICES
1. Inspection prior to the Dispatch of ICT Equipment to Target Libraries
Before the dispatch of ICT equipment to target libraries, UNDP shall have a reasonable time to inspect the copy of the master images on a sample of desktops, laptops and/or servers. As a result of the inspection UNDP may release the ICT equipment for dispatch to the target libraries. This inspection does not relieve the Contractor from its contractual obligations.
2. Operational Acceptance Test
Following the signature of a handover checklist for the ICT equipment package, the operational acceptance testing shall be performed by the Contractor in the presence of authorized UNDP experts for each ICT equipment item of the relevant ICT equipment package against a predefined testing procedure provided by UNDP and accepted by the Contractor. A checklist for operational acceptance test shall be signed by the Contractor and authorized UNDP experts.
3. Refusal to Accept the Software Installation Services
Should any tested installation of software ICT equipment item fails to conform to the approved Master configuration, UNDP may refuse or reject the service for respective software installation. In any of these cases, the Contractor shall re-install the image configuration on the respective ICT equipment item free of charge to UNDP.
4. Refusal to Accept the Onsite Setup Services
Should any tested setup of the ICT equipment package/item fails, UNDP may refuse or reject the service for setup of the respective ICT equipment package/item. In any of these cases, the Contractor shall re-install and/or re-configure the respective ICT equipment package/item free of charge to UNDP.
5. Re-scheduling of Operational Tests
The re-scheduling of the operational test because refusal for acceptance the Service for Installation of Software or for Onsite Setup of the ICT equipment/package should be agreed with UNDP. In such cases all the costs and liabilities will be for the Contractor.
In the event of absence of Internet connectivity and/or lack of electricity, the operational tests for acceptance for this library shall be reasonably rescheduled by written request from UNDP sent by fax or by email, without further costs for UNDP.
III. SPECIAL CONDITIONS FOR ONSITE SOFTWARE SUPPORT SERVICES
1. Service Level Agreement
The onsite software support services will be provided according to the Service Level Agreement for Software Support Services, if otherwise is not provided in the Contract.
The Service Level Agreement for Software Support Services will be agreed by the Contractor and UNDP prior to Contract signature and will become an integral part of the Contract
The UNDP signature of the checklist for operational acceptance will be considered for subscription for software support service for each eligible ICT equipment item included in the package
The Contractor shall provide quarterly reports and final report on the provision of the software support services in the format approved by UNDP.
2. UNDP’s Right to Vary
During the execution of the Contract UNDP reserves, without any change in the monthly rate or other terms and conditions:
i. the right to decrease by up to 20 % the quantity of the eligible ICT equipment items within the category of software support service as contracted;
ii. the right to increase the quantity of the eligible ICT equipment items within the category of software support service and/or to extend the duration of individual software support service as contracted by applying the Unit Price (monthly rate) offered in II. Price Schedule for Software Support Services but not exceeding with more than 20%.the Total Price under II. Price Schedule for Software Support Services according to the Contract (without VAT).
In the event of any advantageous technical changes and/or downward pricing of the Software Support Services during the duration of the Contract, the Contractor shall notify UNDP immediately. UNDP shall consider the impact of any such event and may request an amendment of the Contract.
3. Taking-Over Certificate
Upon its own discretion UNDP may issue a Taking-Over Certificate after the approval of final report on the provision of the software support services according to the Contract.
IV. SPECIAL CONDITIONS FOR PAYMENT
1. Price of Contract
The price of this Contract is not subject to any adjustment or revision because of price or currency fluctuations or the actual costs incurred by the Contractor in the performance of the Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment, except in case of variation as per Clause 5. UNDP’s Right to Vary. Payments effected by UNDP to the Contractor shall be deemed neither to relieve the Contractor of its obligations under the Contract nor as acceptance by UNDP of the Contractor's Delivery.
2. Terms of Payment for Delivery of ICT Equipment, Installation and Onsite Setup Services
2.1. Advance payment
An advance payment of 10% of the Total Price under the Price Schedule (I) without VAT will be disbursed to the Contractor in fifteen (15) business days upon signature of the Contract against an acceptable bank guarantee (Annex VI. Form 8C Bank Guarantee for Advance Payment) in the amount of advance payment issued by a reputable bank.
2.2. Monthly payments
Payments will be made on a monthly basis against Acceptance Protocols duly signed by the Contractor and UNDP, and original invoices issued by the Contractor for the delivered, installed and accepted ICT equipment. Payments will be effected within thirty (30) days after acceptance of the original invoice by UNDP.
3. Terms of Payment for Software Support Services
3.1. Monthly payments
Payment for software support services shall be effected on a monthly basis. The monthly fee for the first month of service will be due, if the software on the respective ICT Equipment has been subscribed for at least 15 days since date of the subscription for this item. The monthly fee for the last month of service will be due, if the software on the respective ICT Equipment has been subscribed for at least 15 days during the last month.
3.2. Invoices
The Contractor shall issue an original itemized invoice for provided software support services following the approval of a report on the provision of the software support services in the format provided by UNDP. Payments for the software support services will be effected within 30 days against an accepted itemized invoice.
V. LIQUIDATED DAMAGES AND PERFORMANCE BANK GUARANTEE
1. Liquidated Damages
In case of circumstances under the Contractor’s direct and indirect control, when the Contractor fails to deliver and/or install the specified ICT equipment within the time period(s) stipulated by the Contract, UNDP shall, without prejudice to its other remedies under the Contract, deduct from the Contract price, as liquidated damages, a sum equivalent to 1% (one per cent) of the Contract’s unit price of the delayed ICT equipment for each business day of delay until actual delivery. The deduction will be taken from the next due payment to the Contractor in accordance with the payment schedule stipulated by the Contractor.
In case of circumstances under the Contractor’s direct and indirect control, when the Contractor fails to provide ICT support services to the delivered ICT equipment within the time period(s) stipulated by the Contract, UNDP shall, without prejudice to its other remedies under the Contract be entitled to a compensation for the delay, a sum of fifteen (15) USD per serviced ICT equipment item for each business day of delay until the actual delivery of the service.
2. Performance Bank Guarantee
2.1. Performance bank guarantee for the delivery, installation and onsite warranty hardware support
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the amount of 10% of the Total Price under the Price Schedule (I) without VAT via a Performance Bank Guarantee Form (Annex VI. Form 8A) provided for in these Solicitation Documents issued by a reputable bank, within 10 business days of receipt of notice for the award of the Contract from UNDP.
The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s failure to complete its obligations for delivery, installation and onsite warranty hardware support and other warranty obligations under the Contract.
After satisfactory delivery, installation and acceptance of the ICT equipment scheduled for Phase One and Phase Two, upon UNDP discretion the Performance Bank Guarantee may be reduced to 7% of the Total Price under the Price Schedule (I) without VAT to cover the Contractor's obligations for delivery and installation of the ICT equipment scheduled for Phase Three and onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract.
After satisfactory delivery, installation and acceptance of all ICT equipment, upon UNDP discretion the Performance Bank Guarantee may be reduced to 5% of the Total Price under the Price Schedule (I) VAT to cover the Contractor's obligations for onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract.
After the expiration of the duration of the Contract, upon UNDP discretion the Performance Bank Guarantee may be reduced to 2% of the Total Price under the Price Schedule (I) to cover the Contractor's obligations for onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with the Contract, which will survive the expiration of the Contract’s duration.
The Performance Bank Guarantee shall be valid until the date of issue of the Taking-Over Certificate according to the Contract. The Performance Bank guarantee shall be revocable only with the written consent of the UNDP.
2.2. Performance bank guarantee for the provision of software support services
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the amount of 10% of the Total Price under the Price Schedule (II) without VAT via a Performance Bank Guarantee Form (Annex VI. Form 8B) provided for in these Solicitation Documents issued by a reputable bank, within 10 business days of receipt of notice for the award of the Contract from UNDP.
The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s failure to complete its obligations for provision of the software support services under the Contract.
The Performance Bank Guarantee shall be valid until the date of issue of the Taking-Over Certificate according to the Contract. The Performance Bank guarantee shall be revocable only with the written consent of the UNDP.
Annex IV
GENERAL TERMS AND CONDITIONS FOR GOODS
1. ACCEPTANCE OF THE PURCHASE ORDER
The Purchase Order may only be accepted by the Supplier's signing and returning an acknowledgement copy of it or by timely delivery of the goods in accordance with the terms of this Purchase Order, as herein specified. Acceptance of this Purchase Order shall effect a contract between the Parties under which the rights and obligations of the Parties shall be governed solely by the terms and conditions of this Purchase Order, including these General Conditions. No additional or inconsistent provisions proposed by the Supplier shall bind UNDP unless agreed to in writing by a duly authorized official of UNDP.
2. PAYMENT
a) UNDP shall, on fulfillment of the Delivery Terms, unless otherwise provided in this Purchase Order, make payment within 30 days of receipt of the Supplier's invoice for the goods and copies of the shipping documents specified in this Purchase Order.
b) Payment against the invoice referred to above will reflect any discount shown under the payment terms of this Purchase Order, provided payment is made within the period required by such payment terms.
c) Unless authorized by UNDP, the Supplier shall submit one invoice in respect of this Purchase Order, and such invoice must indicate the Purchase Order's identification number.
d) The prices shown in this Purchase Order may not be increased except by express written agreement of UNDP.
3. TAX EXEMPTION
a) Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for utilities services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize UNDP's exemption from such taxes, duties or charges, the Supplier shall immediately consult with UNDP to determine a mutually acceptable procedure.
b) Accordingly, the Supplier authorizes UNDP to deduct from the Supplier's invoice any amount representing such taxes, duties or charges, unless the Supplier has consulted with UNDP before the payment thereof and UNDP has, in each instance, specifically authorized the Supplier to pay such taxes, duties or charges under protest. In that event, the Supplier shall provide UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
4. RISK OF LOSS
Risk of loss, damage to or destruction of the goods shall be governed in accordance with DDU Incoterms 2000, unless otherwise agreed upon by the Parties on the front side of this Purchase Order.
5. EXPORT LICENCES
Notwithstanding any INCOTERM 2000 used in this Purchase Order, the Supplier shall obtain any export licences required for the goods.
6. FITNESS OF GOODS/PACKAGING
The Supplier warrants that the goods, including packaging, conform to the specifications for the goods ordered under this Purchase Order and are fit for the purposes for which such goods are ordinarily used and for purposes expressly made known to the Supplier by UNDP, and are free from defects in workmanship and materials. The Supplier also warrants that the goods are contained or packaged adequately to protect the goods.
7. INSPECTION
a) UNDP shall have a reasonable time after delivery of the goods to inspect them and to reject and refuse acceptance of goods not conforming to this Purchase Order; payment for goods pursuant to this Purchase Order shall not be deemed an acceptance of the goods.
b) Inspection prior to shipment does not relieve the Supplier from any of its contractual obligations.
8. INTELLECTUAL PROPERTY INFRINGEMENT
The Supplier warrants that the use or supply by UNDP of the goods sold under this Purchase Order does not infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty, indemnify, defend and hold UNDP and the United Nations harmless from any actions or claims brought against UNDP or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Purchase Order.
9. RIGHTS OF UNDP
In case of failure by the Supplier to fulfil its obligations under the terms and conditions of this Purchase Order, including but not limited to failure to obtain necessary export licences, or to make delivery of all or part of the goods by the agreed delivery date or dates, UNDP may, after giving the Supplier 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 goods from other sources, in which event UNDP may hold the Supplier responsible for any excess cost occasioned thereby.
b) Refuse to accept delivery of all or part of the goods.
c) Cancel this Purchase Order without any liability for termination charges or any other liability of any kind of UNDP.
10. LATE DELIVERY
Without limiting any other rights or obligations of the parties hereunder, if the Supplier will be unable to deliver the goods by the delivery date(s) stipulated in this Purchase Order, the Supplier shall (i) immediately consult with UNDP to determine the most expeditious means for delivering the goods and (ii) use an expedited means of delivery, at the Supplier's cost (unless the delay is due to Force Majeure), if reasonably so requested by UNDP.
11. ASSIGNMENT AND INSOLVENCY
a) The Supplier shall not, except after obtaining the written consent of UNDP, assign, transfer, pledge or make other disposition of this Purchase Order, or any part thereof, or any of the Supplier's rights or obligations under this Purchase Order.
b) Should the Supplier become insolvent or should control of the Supplier change by virtue of insolvency, UNDP may, without prejudice to any other rights or remedies, immediately terminate this Purchase Order by giving the Supplier written notice of termination.
12. USE OF UNDP OR UNITED NATIONS NAME OR EMBLEM
The Supplier shall not use the name, emblem or official seal of UNDP or the United Nations for any purpose.
13. PROHIBITION ON ADVERTISING
The Supplier shall not advertise or otherwise make public that it is furnishing goods or services to UNDP without specific permission of UNDP in each instance.
14. CHILD LABOUR
The Supplier represents and warrants that neither it nor any of its affiliates is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order immediately upon notice to the Supplier, without any liability for termination charges or any other liability of any kind of UNDP.
15. MINES
The Supplier represents and warrants that neither it nor any of its affiliates is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980.
Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order immediately upon notice to the Supplier, without any liability for termination charges or any other liability of any kind of UNDP.
16. SETTLEMENT OF DISPUTES
16.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Purchase Order 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.
16.2 Arbitration
Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this Purchase Order or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this Section within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, such dispute, controversy or claim shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining, including its provisions on applicable law. The arbitral tribunal shall have no authority to award punitive damages. 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.
17. PRIVILEGES AND IMMUNITIES
Nothing in or related to these General Terms and Conditions or this Purchase Order shall be deemed a waiver of any of the privileges and immunities of the United Nations, including its subsidiary organs.
18. SEXUAL EXPLOITATION
a) The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor to perform any services under the Contract. For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person. The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind.
b) UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract.
19. OFFICIALS NOT TO BENEFIT
The Contractor warrants that no official of UNDP 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 this Contract.
20. AUTHORITY TO MODIFY
Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possess the authority to agree on behalf of UNDP to any modification of or change in this Agreement, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an amendment to this Agreement signed by the Contractor and jointly by the UNDP Authorized Official.
Annex V
UNDP GENERAL CONDITIONS OF CONTRACT
FOR PROFESSIONAL SERVICES
1. LEGAL STATUS
The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis the United Nations Development Programme (UNDP). The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNDP or the United Nations.
2. SOURCE OF INSTRUCTIONS
The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its services under this Contract. The Contractor shall refrain from any action that may adversely affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNDP.
3. 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 this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.
4. ASSIGNMENT
The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of UNDP.
5. SUB-CONTRACTING
In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of UNDP for all sub-contractors. The approval of UNDP 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 conform to the provisions of this Contract.
6. OFFICIALS NOT TO BENEFIT
The Contractor warrants that no official of UNDP 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 this Contract.
7. INDEMNIFICATION
The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, 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 acts or omissions of the Contractor, or the Contractor's employees, officers, agents 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, products 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.
8. INSURANCE AND LIABILITIES TO THIRD PARTIES
8.1 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.
8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Contract.
8.3 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 services 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.
8.4 Except for the workmen's compensation insurance, the insurance policies under this Article shall:
8.4.1 Name UNDP as additional insured;
8.4.2 Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the UNDP;
8.4.3 Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.
8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the insurance required under this Article.
9. 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 the UNDP 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.
10. TITLE TO EQUIPMENT
Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear and tear.
11. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS
11.1 Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to all intellectual property and other proprietary rights including, but not limited to, patents, copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or documents and other materials which the Contractor has developed for the UNDP under the Contract and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for the UNDP.
11.2 To the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, the UNDP does not and shall not claim any ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract.
11.3 At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to the UNDP in compliance with the requirements of the applicable law and of the Contract.
11.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents, and all other data compiled by or received by the Contractor under the Contract shall be the property of the UNDP, shall be made available for use or inspection by the UNDP at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to UNDP authorized officials on completion of work under the Contract.
12. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS
The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE United Nations, or any abbreviation of the name of UNDP or United Nations in connection with its business or otherwise.
13. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION
Information and data that is considered proprietary by either Party and that is delivered or disclosed by one Party (“Discloser”) to the other Party (“Recipient”) during the course of performance of the Contract, and that is designated as confidential (“Information”), shall be held in confidence by that Party and shall be handled as follows:
13.1 The recipient (“Recipient”) of such information shall:
13.1.1 use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate; and,
13.1.2 use the Discloser’s Information solely for the purpose for which it was disclosed.
13.2 Provided that the Recipient has a written agreement with the following persons or entities requiring them to treat the Information confidential in accordance with the Contract and this Article 13, the Recipient may disclose Information to:
13.2.1 any other party with the Discloser’s prior written consent; and,
13.2.2 the Recipient’s employees, officials, representatives and agents who have a need to know such Information for purposes of performing obligations under the Contract, and employees officials, representatives and agents of any legal entity that it controls, controls it, or with which it is under common control, who have a need to know such Information for purposes of performing obligations under the Contract, provided that, for these purposes a controlled legal entity means:
13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly, over fifty percent (50%) of voting shares thereof; or,
13.2.2.2 any entity over which the Party exercises effective managerial control; or,
13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.
13.3 The Contractor may disclose Information to the extent required by law, provided that, subject to and without any waiver of the privileges and immunities of the United Nations, the Contractor will give the UNDP sufficient prior notice of a request for the disclosure of Information in order to allow the UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made.
13.4 The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN, resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General.
13.5 The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder.
13.6 These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract.
14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS
14.1 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 the UNDP, 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 the UNDP of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the UNDP 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 this Contract.
14.2 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, the UNDP shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days.
14.3 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.
14.4 The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in or for any areas in which the UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract..
15. TERMINATION
15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16.2 (“Arbitration”), below, shall not be deemed a termination of this Contract.
15.2 UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.
15.3 In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract.
15.4 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, the UNDP may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Contractor shall immediately inform the UNDP of the occurrence of any of the above events.
16. SETTLEMENT OF DISPUTES
16.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of 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.
16.2 Arbitration: Any dispute, controversy, or claim between the Parties arising out of the Contract or the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above, within sixty (60) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”) and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, 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 dispute, controversy, or claim.
17. PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.
18. TAX EXEMPTION
18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the Contractor shall immediately consult with the UNDP to determine a mutually acceptable procedure.
18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with the UNDP before the payment thereof and the UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide the UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
19. CHILD LABOUR
19.1 The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical mental, spiritual, moral or social development.
19.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, at no cost to UNDP.
20. MINES
20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980.
20.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNDP.
21. OBSERVANCE OF THE LAW
The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract.
22. SEXUAL EXPLOITATION
22.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor to perform any services under the Contract. For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person. The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind.
22.2 The UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract.
23. AUTHORITY TO MODIFY
Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the authority to agree on behalf of UNDP to any modification of or change in this Agreement, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an amendment to this Agreement signed by the Contractor and jointly by the UNDP Authorized Official.
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