REQUEST FOR PROPOSAL - UNDP

undp.or.id
  • No tags were found...

REQUEST FOR PROPOSAL - UNDP

The completed and signed bid form must be submitted together with the proposal.United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia6.4 Technical Proposal Form (ATTACHMENT II)The technical proposal should address all aspects and criteria outlined in this Request for Proposal, especially inits Terms of Reference, Technical Requirement, and “Evaluation Criteria” of this Request for Proposal.However, all these requirements represent a wish list from UNICEF. The bidders are free to suggest/ proposeany other solution. UNICEF welcomes new ideas and innovative approaches.No price information should be contained in the technical proposal.6.5 Price ProposalThe price proposal should be as per but not limited to ATTACHMENT III (Schedule of Prices/Rate) of thisRequest for Proposal.7. DISCOUNTS7.1 Discounts on faster payment are acceptable to UNICEF. Time in connection with discounts offered will becomputed from the date of receipt at UNICEF office of COMPLETE PAYMENT DOCUMENTATION asspecified in the Contract. Any discounts for any reason other than those mentioned on the RFP Form must bestated in the Proposal.8. QUALITY ASSURANCE8.1 If the Bidder is already certified, or is in the process of being certified in accordance with ISO9001/9002/BS, this should be clearly indicated in the Proposal and a copy of the Certificate should be attachedto the proposal.9. RIGHTS OF UNICEF9.1 UNICEF reserves the right to accept any proposal, in whole or in part; or, to reject any or all proposals.9.2 UNICEF reserves the right to INVALIDATE any Proposal received from a Bidder who, in the opinion ofUNICEF, is not in a position to perform the Contract.9.3 UNICEF reserves the right to INVALIDATE any Proposal for reasons mentioned above, and, unlessotherwise specified by UNICEF or by the Bidder, to accept any item in the Proposal.10. EVALUATION OF PROPOSALS10.1 Following closure of the RFP, each proposal will be evaluated by a UNICEF evaluation team.10.2 A second-stage procedure will be utilised in evaluating Proposals, with evaluation of the TechnicalProposal to be completed prior to any evaluation of the Price Proposal. Technical Proposals will be evaluatedfor compliance against the “Evaluation Criteria” of the RFP.10.3 The Technical Proposal has a total possible evaluation value of 70 points. Technical Proposals receiving50 points or higher, will be considered technically responsive and the Price Proposal will be opened. Proposalswhich are not considered to be technically compliant and non-responsive will not be given furtherconsideration.6


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia10.4 The total number of points allocated for the Price Proposal is 30. The evaluation shall be based on theevaluation score stated in the evaluation criteria. Rate proposed will be compared between Bidders and Bidderwhose offer gets the highest score in terms of frequency in offering the lowest price for items in each category,will receive the highest maximum score available. Other Bidders will receive score based on the followingformula:Max. Score * lowest priced proposalScore for price proposal X = ------------------------------------------------------Priced of proposal X11. AWARD/ADJUDICATION OF PROPOSALS11.1 The final selection of the most responsive Proposals will be based on the best Proposal overall, in terms oftechnical score and price. UNICEF reserves the right to make multiple arrangements for any goods/serviceswhere, in the opinion of UNICEF, the lowest acceptable Bidder cannot fully meet the delivery requirements orif it is deemed to be in UNICEF‟s best interest to do so. Any arrangement under this condition will be made onthe basis of the lowest, second lowest and third lowest, etc. bid which meets all the requirements under“Evaluation Criteria”.12. ERROR IN PROPOSAL12.1 Bidders are expected to examine all Schedules and Instructions pertaining to the RFP. Failure to do so willbe at the Bidders‟ own risk. In case of errors in the extension price, unit price shall govern.13. RFP TERMS AND CONDITIONS13.1 This RFP and any responses thereto, shall be the property of UNICEF. In submitting a Proposal, the bidderacknowledges that UNICEF reserves the right to:(a)(b)(c)(d)(e)(f)(g)(h)Visit and inspect the Bidder‟s premises;Contact any/all referees provided;Request additional supporting or supplementary information;Arrange interviews with the proposed project team/consultants;Reject any/all of the Proposals submitted;Accept any Proposal in whole or in part;Negotiate with the most favorable Bidder;Award contracts to more than one Bidder, if UNICEF considers this to be in the best its interests.13.2 Bidders shall bear all costs associated with the preparation and submission of Proposals and UNICEF shallnot be responsible for these costs, irrespective of the outcome of the bidding process.7


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaEVALUATION CRITERIACATEGORY1. OVERALL RESPONSE- Understanding of, and responsiveness to, UNICEF requirements- Understanding of the scope, objectives and completeness of response2. QUALITY ASSURANCE and CAPACITY (results of controlled test) - 10marks for each- Ability to produce a 100% accurate translation of English text to Bahasa Indonesiaor vice versa.- Ensure quality check and proofreading of translation: ensuring that notypographical errors are left in the final text.- Ensure the timely delivery of translated and edited materials from English toBahasa Indonesia or vice versa- Ability to provide interpretation on occasional basis duringworkshops/meetings/conferences- Ability to undertake multiple translation work simultaneously.3. ORGANISATIONAL CAPABILITIES - 4 marks for each- Proven track record of at least three years‟ experience in translating technicaland/or legal documents and interpretation work from English to Bahasa Indonesiaor vice versa- Has a valid license from Government for provision in the translation services andhas a sworn certificate for translator- Ability to work on demand, multi-task and strict adherence to deadlines andquality of work- Ability to work with limited supervision, with capacity for providing owncomputer and email services- Proven experience of working with UN, NGO, government and civil societyclients4. PRICE- Unit price based on the agreed wordage fee indicated in their original bid.POINTS502030TOTAL MARKS 1008


Terms of Reference (TOR)United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia1. Background & Purpose:UNICEF on behalf of United Nations in undertaking its programs in Indonesia requires the services of aninstitution/contractor specializing in simultaneous and consecutive interpretation and translation services totranslate United Nations documentation.2. Objectives of the exercise1) To provide simultaneous and/or consecutive services from Bahasa Indonesia to English, viceversaduring workshops/meetings/conferences.2) To provide translation services to United Nations Indonesia including translating manuals,documents (notably for the regional/national governing bodies) and various press materialsfrom press releases to studies and reports from Bahasa Indonesia to English or vice versa.3. Scope of the work:- Producing a 100% accurate translation of English text to Bahasa Indonesia or vice versa.- Ensuring quality check and proofreading of translation: ensuring that no typographical errors are left inthe final text.- Ensure the timely delivery of translated and edited materials from English to Bahasa Indonesia or viceversa- Provide interpretation on occasional basis during workshops/meetings/conferences- Provide interpretation for international staff during meeting with counterparts and field trip to projectside.- Contractors will be provided with Word or PDF versions of original texts for translation and will berequired to translate into the required language within a specified time.- Translations should be provided in Word format. In case of English-Bahasa Indonesia translations, textsshould be provided in standard fonts within the Word programme. Formatting as per the original textshould be incorporated into the translated document (e.g. bold text in original should appear as bold textin the translation, bullets should be reproduced accurately, headings should follow original text formatetc)- Upon review of translated texts, the contractor may be required to make necessary corrections orchanges required by the organization/section and provide corrected texts within an agreed timeframe.- The submitting organization/section will discuss its requirements with one of the recommendedtranslation companies, and agree specific timelines for completion of translations.4. Contract and Condition for Payments:This is a long-term basic agreement between United Nations and the contractor. Contracts will be drawn up forspecific pieces of interpretation work as and when these are awarded to the Contractor and payment will be oncompletion of each contract.5. Schedule of Tasks & TimelineContractor is expected to complete every given assignment from United Nations based on the period requested:1) The contractor will be responsible for producing self-revised translations into English from BahasaIndonesia of text of a general or specialized nature, to be responsible for producing final text that isfaithful to be the spirit and nuances of the original and which meets all the requisite standards expectedof United Nations.9


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia2) The contractor will be responsible for assisting the presenters/participants with simultaneous and/orconsecutive services from Bahasa Indonesia to English v.v. during workshops/meetings/conferences.6. Deliverables:Translation fee from Bahasa into English as per agreed cost by both parties - will be paid upon submission andapproval of each UN Agency. The calculation of the number of pages shall be based on Price Proposal Form.Collection and delivery of document are free of charge.7. Estimated duration of contract:The agreement will be for 2 years (2011 – 2013) with possible extension.8. Penalty:Whereas the agreement is signed for 2 or 3 years between United Nations and the contractor, the agreement canbe ended before the end of the agreement period in the case of unsatisfactory evaluation from United Nations onthe translation/interpretation work provided.The translation work should be completed within the period agreed between United Nations‟ concerned Unitand the Contractor before the assignment. In case where tasks are not completed on schedule, United Nationshas the right to withhold 0.5 per cent of the payment for each day of delay but not exceeding 20 per cent of thetotal cost for each document.The above deduction will be final and recourse will not be entertained. If the delay in delivery is due to causes,which are beyond the control of the Contractor, which United Nations will determine on the basis ofdocumentation and/or explanation submitted no deduction from the invoices would be made.9. General Conditions: The contractor will be hired on an „as-required‟ basis under the terms of a Long-Term Agreement(LTA) in the form of an Institutional Special Service Agreement to be signed between UNICEF onbehalf of United Nations and the contractor. This LTA has no monetary value in its own right, and doesnot commit United Nations to provide any work to the contractor following its signing. Any fees forwork undertaken will be based upon those submitted in the official bid made by the contractor at thestart of the selection process. The contractor will be paid for each piece of translation work undertaken, based on the agreed wordagefee indicated in their original bid. Wordage is based on the original text, not the translated document. The contractor is not entitled to payment of overtime. All remuneration must be within the terms of theLTA. On occasions when United Nations requires the services of the contractor to undertake interpretationactivities (for example at meetings or workshops), the United Nations Agency requesting such serviceswill agree a daily fee for which such services are required. Agreements on specific assignments under the LTA will be made by an official work order/SSA. Workorders will be raised by authorized United Nations staff from each agency. The contractor will confirmacceptance of wordage, deadline for completion of individual assignments, and agreed fee by signingthe work order and returning to the United Nations Agency submitting the translation assignment. Receipt by United Nations of the signed work order will be considered a binding agreement by thecontractor to the requirements of the assignment under the terms of the LTA.10


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaRepeated failure to meet agreed deadlines, or failure to meet quality expectations, will result in the LTAbeing withdrawn and no further work provided to the contractor. Repeated failure will be defined as atleast two occasions when United Nations Agencies submitting work for translation report a failure bythe contactor to deliver work of a suitable quality.The contractor may be required to undertake multiple translation work simultaneously. The contactormust review its capacity to handle such tasks, and agree feasible timelines for completion of work withthe relevant United Nations Agency.Lack of capacity, pressure of work or failure of technical equipment managed by the contractor(including email access) will not be considered justification for failure to deliver work on time. Thecontractor will retain the right to refuse to take on assignments requested by United Nations Agencies,if it believes that deadlines cannot be met.The contractor will be based in their own office in Jakarta, and will not have access to United Nationsoffice space or equipmentThe contractor will undertake to ensure that it has fully functional computer and email equipment at itsoffices in order to meet the requirements of work provided by United Nations.The contractor will ensure that its computer hardware and other systems are clear of viruses and othermalicious software.The contractor will be required to ensure the safe electronic and physical storage of all United Nationsdocuments involved in translation, and ensure the safe electronic and physical transmittal of suchdocuments. At the end of each assignment the contractor will be required to delete all electronicversions of both original and translated documents from its computers and other storage systems, andreturn any hard copies of such documents to United Nations.The contractor may not reveal, transmit or otherwise share the contents of United Nations documentswith any other party other than its own staff and then only for purposes of translation.On occasions when contractor is required to visit United Nations offices in Jakarta for meetings orconsultations, no travel costs or transport will be provided by United Nations for such visits.The contractor must be willing to accept assignments based in United Nations Agencies Zonal Offices.On these occasions, the contractor will be provided with travel to and from the Zonal Office as perUnited Nations‟ normal travel arrangements.Mutually agreed allowances will be paid for each night the contactor is required to stay in the locationof a Zonal Office .Accommodation in the location of the Zonal Office will be sourced by the contractor and all costs beborne by the contractor.No travel may be undertaken by the contractor without a prior authorization from United Nations inJakarta.The contractor may not use United Nations Agencies‟ name or logo in any marketing, advertising,references or other commercial activities related to its business.10. Qualifications & Experience required:An institution with a proven track record of at least three years‟ experience in translating technicaland/or legal documents and interpretation work from English to Bahasa Indonesia or vice versaHas a valid license from Government for provision in the translation services.Has a bank account under company‟s nameHas a sworn certificate for translatorAbility to work on demand, multi-task and strict adherence to deadlines and quality of work11


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaAbility to work with limited supervision, with capacity for providing own computer and email servicesProven experience of working with UN, NGO, government and civil society clients12


SPECIAL CONDITIONSUnited Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaThe following special conditions will be applicable exclusively for this contract, which would automaticallysupersede any other terms on these aspects mentioned elsewhere including standard Terms and Conditions.1. Title rightsa. UNICEF shall be entitled to all proprietary rights including but not limited to patents,copyrights and trademarks, with regard to material which bears a direct relation to, or is used inconsequence of the services provided to the organization by the agency(ies). Materials includebut are not limited to, information, images, logos, graphics, sounds, software, anddocumentation. At the request of UNICEF, the agency(ies) shall assist in and take all necessarysteps to execute all necessary documents, secure such proprietary rights and transfer them toUNICEF where applicable. On completion of each stage of the contract execution the titlerights relating to contract deliverables will vest in UNICEF and on completion of the contractall outstanding title rights will vest in UNICEF. Adaptation or change made to the materials bythe agency(ies) does not affect title rights, regardless as to whether the change(s) was madeunder the terms and scope of this agreement or by independent act by the agency(ies).b. Title to any equipment, supplies, documentation, property and information in any form whichhas been furnished by UNICEF shall rest with UNICEF and any such equipment, supplies,documentation, property and information shall be returned to UNICEF at the conclusion of thiscontract or when no longer required by the agency(ies) in the execution of the appointed tasks,such equipment, supplies, documentation, property and information when returned to UNICEF,shall be in the same condition as when delivered to the agency(ies), subject to normal wear andtear. Adaptation or change made to the equipment, supplies, documentation, property andinformation by the agency (ies) does not affect title rights, regardless as to whether thechange(s) was made under the terms and scope of this agreement or by independent act by theagency (ies).2. Time RequirementsAgency (ies) will furnish UNICEF with a complete and detailed phased timeline for deliverables whichwill be attached to this Agreement as an integral part of the Price List. This timeline will be strictlyadhered to and cannot be subject to modification save in signed writing by the supervising UNICEFofficer. The timeline will be from receipt of the finalized inputs from UNICEF to delivery of the finaltranslation document.Delays attributable to Agency (ies) will be subject to penalty provisions by UNICEF at the followingrates:a. 1 to 7 days late - 2.5 % of the billed amountb. 8 to 15 days late - 5 % of the billed amountc. 16 to more days late - 10 % of the billed amount13


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaThe above deduction will be final and recourse will not be entertained. If the delay in delivery is due tocauses, which are beyond the control of the agency (ies), which UNICEF will determine on the basis ofdocumentation and/or explanation submitted no deduction from the invoices will be made.3. Inspection4. Prioritya. The supplier shall permit UNICEF‟s authorized representative to have full access to the itsfacilities at all reasonable times to inspect the production of the material and shall provideassistance to the representatives for such inspection, including copies of any test results orquality control reports as may be necessary.b. Third party inspection will be for UNICEF‟s account, but if any additional visits are requireddue to the agency‟s fault any corresponding expenses will be covered by the agency (ies).c. UNICEF reserves the right to contract an agency to conduct pre-delivery inspection at theAgency‟s premises prior to delivery. Such inspections, if conducted do not guaranteeacceptability of the deliverables at final destination.d. Agency (ies) alone is responsible for the quality of the products supplied irrespective ofwhether they have been inspected by UNICEF or its appointed representative.e. UNICEF reserves the right to use other Design agencies, if felt necessary, for completion of thecontract without the consent of the agency.The agency (ies) agrees to give high priority to work ordered by UNICEF and shall adhere to alldelivery dates specified in the Purchase Orders.5. DeliveryDelivery shall be made to any specified address in Jakarta at agency (ies) cost. Delivery charges for outof city destinations shall be as per actual rates paid supported by relevant receipts, subject tocertification by UNICEF.6. Additional InstructionsAll translation work not covered by the established Price List shall be approved in advance by UNICEFSupply and Procurement Section in writing and covered by a Special Service Agreement (SSA). Thiswriting will take the form of a Contract Amendment or a Contract Addition as suitable.14


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaATTACHMENT IPROPOSAL FORMPROPOSAL FORM must be completed, signed and returned to UNICEF. Bid must be made in accordance withthe instructions contained in this Request for Proposal.TERMS AND CONDITIONS OF CONTRACTAny Contract resulting from this RFP shall contain UNICEF‟s General Terms and Conditions (ANNEX II)together with specific terms and conditions as detailed herein.INFORMATIONAny request for information concerning this invitation must be forwarded e-mail or by fax to the person whoprepared this document, with specific reference to the RFP number.DECLARATIONThe undersigned, having read the Terms and Conditions of RFP No. RFP/IDSA/2011/003 set out in theattached document, hereby offers to supply the goods/services specified in the schedule at the price or pricesquoted, in accordance with the specifications stated and subject to the Terms and Conditions set out or specifiedin the document.Name of authorized representative: _______________________________________Title:Signature:Date:Supplier Name:Postal Address:Telephone No.:Fax No.:E-mail Address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Validity of Offer (not less than One Year):_________________________________Currency of Offer:_______________________________________Please indicate, after having read DISCOUNTS stated under Instructions to Bidders, which of the followingpayment terms are offered by you:10 days 3.0% ____ 15 days 2.5%____ 20 days 2.0%____ 30 days net_____ Other________15


ATTACHMENT IIUnited Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaTECHNICAL PROPOSAL FORM – RESPONSE FORMATNODESCRIPTION1. OVERALL RESPONSE- Understanding of, and responsiveness to, UNICEF requirements- Understanding of the scope, objectives and completeness of response2. QUALITY ASSURANCE and CAPACITY (results of controlled test)- Ability to produce a 100% accurate translation of English text to Bahasa Indonesia or vice versa.- Ensure quality check and proofreading of translation: ensuring that no typographical errors are left inthe final text.- Ensure the timely delivery of translated and edited materials from English to Bahasa Indonesia orvice versa- Ability to provide interpretation on occasional basis during workshops/meetings/conferences- Ability to undertake multiple translation work simultaneously.3. ORGANISATIONAL CAPABILITIES- Proven track record of at least three years‟ experience in translating technical and/or legal documentsand interpretation work from English to Bahasa Indonesia or vice versa- Has a valid license from Government for provision in the translation services and has a sworncertificate for translator- Ability to work on demand, multi-task and strict adherence to deadlines and quality of work- Ability to work with limited supervision, with capacity for providing own computer and emailservices- Proven experience of working with UN, NGO, government and civil society clients16


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaATTACHMENT IIIPRICE PROPOSAL FORM – RESPONSE FORMAT1. Translation/Editing Services:Service TypeNo of wordProposed Rateper WordDuration ofAssignment(turnover time)Up to 2500 wordsTranslationGeneral Type2500 – 5000 words5000 – 7500 wordsFor every additional 2500 wordsUp to 2500 wordsTranslationLegal Type2500 – 5000 words5000 – 7500 wordsFor every additional 2500 wordsUp to 2500 wordsEditing GeneralType2500 – 5000 words5000 – 7500 wordsFor every additional 2500 wordsUp to 2500 wordsEditing LegalType2500 – 5000 words5000 – 7500 wordsFor every additional 2500 words17


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia2. Interpreter Services:Service TypeRate per HourRate per Day(based onUNICEFworking hours)Dailysubsistence(food andaccommodationoutside Jakarta)per dayDailySubsistence(food onlyoutside Jakarta)per dayTranslationServices withinJakartaTranslationServices outsideJakarta18


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaANNEX IUNICEF SPECIAL TERMS AND CONDITIONS1. UNETHICAL BEHAVIOURUNICEF strictly enforces a policy of zero tolerance concerning unethical, unprofessional or fraudulent acts ofUNICEF bidders. Accordingly, any registered bidder that is found to have undertaken unethical, unprofessionalor fraudulent activities will be suspended or forbidden from continuing business relations with UNICEF.2. CORRUPT AND FRAUDULENT PRACTICESUNICEF requires that all bidders associated with this Invitation to Bid/Request for Proposal observe the higheststandard of ethics during procurement and execution of the work. In pursuance of this policy UNICEF(a) defines for the purpose of this provision the terms set forth as follows:(i) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence theaction of a public official in the procurement process or in the execution of a contract, and(ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or theexecution of a contract to the detriment of the client, and includes collusive practice among bidders (prior to orafter bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive theclient of the benefits of free and open competition;(b) will reject a proposal for award if it determines that the selected supplier/contractor have engaged in anycorrupt or fraudulent practices in competing for the contract in question;(c) will declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a UNICEFfinancedcontract if at any time it determines that it has engaged in any corrupt or fraudulent practices incompeting for, or in executing a UNICEF-financed contract.3. GUIDELINES ON GIFTS AND HOSPITALITYBidders shall not offer gifts or hospitality to UNICEF staff members. Recreational trips to sporting or culturalevents, theme parks or offers of holidays, transportation, or invitations to extravagant lunches or dinners are alsoprohibited.4. LATE DELIVERYWithout limiting any other rights or obligations of the parties hereunder, if the Contractor will be unable todeliver the services by the delivery date stipulated in the Contract, the Contractor shall (i) immediately consultwith UNICEF to determine the most expeditious means for delivering the services and (ii) use an expeditedmeans of delivery, at the Contractor's cost, if reasonably so requested by UNICEF.19


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia5. RIGHTS OF UNICEFIn case of failure by the Contractor to perform under the terms and conditions of this Contract, UNICEF may,after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies,exercise one or more of the following rights:(a) procure all or part of the services from other sources, in which event UNICEF may hold the Contractorresponsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate itsdamages in good faith;(b) refuse to accept delivery of all or part of the services;(c) terminate the Contract without any liability for termination charges or any other liability of any kind ofUNICEF;(d) for late delivery of services or for services which do not meet UNICEF‟s terms of reference/statement ofwork and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and deducts 0.5% ofthe value of the services pursuant to a Contract per additional day of delay, up to a maximum of 10% of thevalue of the Contract. The payment or deduction of such liquidated damages shall not relieve the Contractorfrom any of its other obligations or liabilities pursuant to this Contract.20


ANNEX IIUnited Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaUNICEF GENERAL TERMS AND CONDITIONS FOR INSTITUTIONAL/ CORPORATECONTRACTS1. Acknowledgment copySigning and returning the acknowledgment copy of a contract issued by UNICEF or beginning workunder that contract shall constitute acceptance of a binding agreement between UNICEF and theContractor.2. Delivery DateDelivery Date to be understood as the time the contract work is completed at the location indicatedunder Delivery Terms.3. Payment Terms(a) UNICEF shall, unless otherwise specified in the contract, make payment within 30 days of receiptof the Contractor's invoice which is issued only upon UNICEF‟s acceptance of the work specifiedin the contract.(b) Payment against the invoice referred to above will reflect any discount shown under the paymentterms provided payment is made within the period shown in the payment terms of the contract.(c) The prices shown in the contract cannot be increased except by express written agreement byUNICEF.4. Limitation of ExpenditureNo increase in the total liability to UNICEF or in the price of the work resulting from design changes,modifications, or interpretations of the statement of work will be authorized or paid to the contractorunless such changes have been approved by the contracting authority through an amendment to thiscontract prior to incorporation in the work.5. Tax ExemptionSection 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia,that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs21


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesiaduties in respect of articles imported or exported for its official use. Accordingly, the Vendorauthorizes UNICEF to deduct from the Vendor's invoice any amount representing such taxes or dutiescharged by the Vendor to UNICEF. Payment of such corrected invoice amount shall constitute fullpayment by UNICEF. In the event any taxing authority refuses to recognize the UN exemption fromsuch taxes, the Vendor shall immediately consult with UNICEF to determine a mutually acceptableprocedure.Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor‟s invoice any amountrepresenting such taxes, duties, or charges, unless the Contractor has consulted with UNICEF before thepayment thereof and UNICEF has, in each instance, specifically authorized the Contractor to pay suchtaxes, duties or charges under protest. In that event, the Contractor shall provide UNICEF with writtenevidence that payment of such taxes, duties or charges has been made and appropriately authorized.6. Legal Status.The Contractor shall be considered as having the legal status of an independent contractor vis-à-visUNICEF. The Contractor‟s personnel and sub-contractors shall not be considered in any respect asbeing the employees or agents of UNICEF.7. Contractor’s Responsibility for EmployeesThe Contractor shall be responsible for the professional and technical competence of its employees andwill select, for work under this Contract, reliable individuals who will perform effectively in theimplementation of the Contract, respect the local customs and conform to a high standard of moral andethical conduct.8. IndemnificationThe Contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, itsofficials, agents, servants and employees, from and against all suits, claims, demands and liability ofany nature or kind, including their costs and expenses, arising out of the acts or omissions of theContractor or its employees or sub-contractors in the performance of this Contract. This provision shallextend, inter alia, to claims and liability in the nature of workmen‟s compensation, product liability andliability arising out of the use of patented inventions or devices, copyrighted material or otherintellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. Theobligations under this Article do not lapse upon termination of this Contract.9. Insurance and Liabilities to Third Parties(a) The Contractor shall provide and thereafter maintain insurance against all risks in respect of itsproperty and any equipment used for the execution of this Contract.22


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia(b) The Contractor shall provide and thereafter maintain all appropriate workmen‟s compensation andliability insurance, or its equivalent, with respect to its employees to cover claims for death, bodilyinjury or damage to property arising from the execution of this Contract. The Contractorrepresents that the liability insurance includes sub-contractors.(c) The Contractor shall also provide and thereafter maintain liability insurance in an adequate amountto cover third party claims for death or bodily injury, or loss of or damage to property, arising fromor in connection with the provision of work under this Contract or the operation of any vehicles,boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants,employees or sub-contractors performing work or services in connection with this Contract.(d) Except for the workmen‟s compensation insurance, the insurance policies under this Article shall:(i) name UNICEF as additional insured;(ii) include a waiver of subrogation of the Contractor‟s rights to the insurance carrier againstUNICEF;(iii) provide that UNICEF shall receive thirty (30) days written notice from the insurers prior toany cancellation or change of coverage.(e) The Contractor shall, upon request, provide UNICEF with satisfactory evidence of the insurancerequired under this Article.10. Source of InstructionsThe Contractor shall neither seek nor accept instructions from any authority external to UNICEF inconnection with the performance of its services under this Contract. The Contractor shall refrain fromany action which may adversely affect UNICEF or the United Nations and shall fulfil its commitmentswith the fullest regard to the interests of UNICEF.11. ENCUMBRANCES/LIENSThe Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to beplaced on file or to remain on file in any public office or on file with UNICEF against any monies dueor to become due for any work done or materials furnished under this Contract, or by reason of anyother claim or demand against the Contractor.12. Title to EquipmentTitle to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF andany such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longerneeded by the Contractor. Such equipment when returned to UNICEF shall be in the same condition aswhen delivered to the Contractor, subject to normal wear and tear.23


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia13. Copyright, Patents and Other Proprietary RightsUNICEF shall be entitled to all intellectual property and other proprietary rights including but notlimited to patents, copyrights and trademarks, with regard to documents and other materials which beara direct relation to or are prepared or collected in consequence or in the course of the execution of thiscontract. At UNICEF's request, the Contractor shall take all necessary steps, execute all necessarydocuments and generally assist in securing such proprietary rights and transferring them to the UNICEFin compliance with the requirements of the applicable law.14. Confidential Nature of Documents(a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documentsand all other data compiled by or received by the Contractor under this Contract shall be theproperty of UNICEF, shall be treated as confidential and shall be delivered only to the UNauthorized officials on completion of work under this Contract.(b) The Contractor may not communicate any time to any other person, Government or authorityexternal to UNICEF, any information known to it by reason of its association with UNICEF whichhas not been made public except with the authorization of the UNICEF; nor shall the Contractor atany time use such information to private advantage. These obligations do not lapse upontermination of this Contract with UNICEF.15. Force Majeure; Other Changes in Conditions(a) In the event of and as soon as possible after the occurrence of any cause constituting forcemajeure, the Contractor shall give notice and full particulars in writing to UNICEF of suchoccurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform itsobligations and meet its responsibilities under this Contract. The Contractor shall also notifyUNICEF of any other changes in conditions or the occurrence of any event which interferes orthreatens to interfere with its performance of the Contract. On receipt of the notice required underthis Article, UNICEF shall take such action as, in its sole discretion, it considers to be appropriateor necessary in the circumstances, including the granting to the Contractor of a reasonableextension of time in which to perform its obligations under the Contract.(b) If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure toperform its obligations and meet its responsibilities under this Contract, UNICEF shall have theright to suspend or terminate this Contract on the same terms and conditions as are provided for inArticle 14, “Termination”, except that the period of notice shall be seven (7) days instead of thirty(30) days.24


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia(c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion,revolution, insurrection or other acts of a similar nature or force.16. TerminationIf the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in thecontract, or fails to perform any of the terms, conditions, or obligations of the contract, or should theContractor be adjudged bankrupt, or be liquidated or become insolvent, or should the contractor makean assignment for the benefit of its creditors, or should a Receiver be appointed on account of theinsolvency of the contractor, UNICEF may, without prejudice to any other right or remedy it may haveunder the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty(30) days notice to the Contractor.UNICEF reserves the right to terminate without cause this Contract at any time upon thirty (30) daysprior written notice to the Contractor, in which case UNICEF shall reimburse the Contractor for allreasonable costs incurred by the Contractor prior to receipt of the notice of termination.In the event of any termination no payment shall be due from UNICEF to the Contractor except forwork and services satisfactorily performed in conformity with the express terms of this contract.Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shallremain liable to UNICEF for reasonable loss or damage which may be suffered by UNICEF for reasonof the default. The Contractor shall not be liable for any loss or damage if the failure to perform thecontract arises out of force majeure.Upon termination of the contract, UNICEF may require the contractor to deliver any finished workwhich has not been delivered and accepted, prior to such termination and any materials or work-inprocessrelated specifically to this contract. Subject to the deduction of any claim UNICEF may havearising out of this contract or termination, UNICEF will pay the value of all such finished workdelivered and accepted by UNICEF.The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” belowshall not be deemed a termination of this Contract.17. Sub-ContractingIn the event the Contractor requires the services of subcontractors, the Contractor shall obtain the priorwritten approval and clearance of UNICEF for all sub-contractors. The approval of UNICEF of a subcontractorshall not relieve the Contractor of any of its obligations under this Contract. The terms ofany sub-contract shall be subject to and in conformity with the provisions of this Contract.25


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaArbitration Rules then obtaining. The arbitral tribunal shall have no authority to award punitivedamages. In addition, the arbitral tribunal shall have no authority to award interest in excess of sixpercent (6%) and any such interest shall be simple interest only. The Parties shall be bound by anyarbitration award rendered as a result of such arbitration as the final adjudication of any suchcontroversy, claim or dispute.23. Privileges and ImmunitiesThe privileges and immunities of the UN, including its subsidiary organs, are not waived.24. Child LabourUNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention ofpotential suppliers to Article 32 of the Convention which inter alia requires that a child shall beprotected from performing any work that is likely to be hazardous or to interfere with the child'seducation, or to be harmful to the child's health or physical, mental, spiritual, moral or socialdevelopment.25. ANTI-PERSONNEL MINESUNICEF supports an international ban on the manufacture of anti-personnel mines. Anti-personnelmines have killed and maimed thousands of people, of whom a large proportion are children andwomen. Anti-personnel mines present a serious obstacle to the return of populations displaced fromtheir residences by fighting around their villages and homes. UNICEF has, therefore, decided not topurchase products from companies that sell or manufacture anti-personnel mines or their components.26. AUTHORITY TO MODIFYNo modification or change in this Contract, no waiver of any of its provisions or any additionalcontractual relationship of any kind with the Contractor shall be valid and enforceable against UNICEFunless provided by an amendment to this Contract signed by the authorized official of UNICEF.27. REPLACEMENT OF PERSONNELUNICEF reserves the right to request the Contractor to replace the assigned personnel if they are notperforming to a level that UNICEF considers satisfactory. After written notification, the Contractorwill provide curriculum vitae of appropriate candidates within three (3) working days for UNICEFreview and approval. The Contractor must replace the unsatisfactory personnel within seven (7)working days of UNICEF‟s selection.If one or more key personnel become unavailable, for any reason, for work under the contract, theContractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain theproject authority‟s approval prior to making any substitution of key personnel. Key personnel aredesignated as follows:27


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, Indonesia(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, seniorauditors) to be assigned for participation in the performance of the contract.(b) Personnel whose resumes were submitted with the proposal; and(c) Individuals who are designated as key personnel by agreement of the Contractor and UNICEFduring negotiations.In notifying the project authority, the Contractor shall provide an explanation of circumstancesnecessitating the proposed replacement(s) and submit justification and qualification of replacementpersonnel in sufficient detail to permit evaluation of the impact on the engagement.Acceptance of a replacement person by the project authority shall not relieve the Contractor fromresponsibility for failure to meet the requirements of the contract.28


United Nations Children’s Fund Telephone : 2996 8000Indonesia Country Office Facsimile: 571 1326Wisma Metropolitan II, 10 th -12 th Floor www.unicef.org/indonesiaJl. Jenderal Sudirman Kav 31.Jakarta 12920, IndonesiaACKNOWLEDGEMENT COPY OF RFP/IDSA/2011/003LONG TERM ARRANGEMENT FOR TRANSLATOR SERVICESIMPORTANTThe Supplier shall sign and return the Acknowledgement copy, with 2 working days of receipt ofRequest of Proposal (RFP), to the Supply Unit to fax 021-5708409 or by sending scan copy in pdffile via email to ssindriani@unicef.org or vlaksananan@unicef.orgFailure to do so may result in cancellation of order without notification.The Supplier accepts UNICEF's General Terms and Conditions attached in RFP:Supplier's Signature Name ,Title & Company Name Date29

More magazines by this user
Similar magazines