CORRIGENDUM TO THE REQUEST FOR PROPOSAL (RFP) NO: UNHCR/PMCS/2015/GOODS/MI RFP/015 FOR THE PROVISION OF Design, Supply, Installation and Maintenance of Solar Photo Voltaic Electricity Generation Plant at UNHCR Azraq refugee Camp in Jordan 1. Corrigendum to tender provision 2.5.2 Technical and Financial Evaluation: Please note that the percentage assigned to the technical proposal and to the financial offer has been amended as follows: The Technical Offer will be evaluated with a score out of 70%. (From previously 60%) The Financial Offer will be evaluated with a score out of 30%. (From previously 40%) All other provisions of the technical evaluation criteria remain unchanged. 2. As a result, tender closing date has been extended from 16 September 2015 to 30 September 2015, 23:59 CET 3. Deadline for receipt of questions has not been extended as the present corrigendum does not entail any modification of the technical proposal. Thank you for your kind attention, 1 Questions and Answers RFP UNHCR/PMCS/2015/GOODS/MI RFP/015 Question 1 What kind of amenities will need power? How many buildings need power? Which buildings require power 24/7? Question 2 Are consortiums allowed? Also, since we are participating with two in a consortium should both of the companies fulfill the Annex D or just the leader? Please quote for the PV solar power plant as defined within the RFP documents: Electricity/power demands of various facilities within the camp are outside the scope of this RFP. Consortiums or joint ventures are allowed. All members of the joint venture or consortium have to submit the duly signed vendor registration form. The joint venture or consortium has to appoint a leader which will be also our focal point with the tendering and if awarded for the project implementation. If awarded, the payment will be made only to the leader of the consortium or to the consortium itself once/if it is established formally in a country recognized by the UN. All necessary certifications/licenses for the project have to be obtained by at least one member of the consortium. The bid proposal should contain information on which member of the consortium/joint venture does what in the project implementation. This information is important for the technical assessment of the Question 3 Question 4 Question 5 proposal. Yes there is permission from the Ministry of Energy for the project and outline approval from EDCO for the capacity outlines in the first phase. The connection point will be the crossroads between service road No. 1 and No. 3 to the west of the SRAD offices (PS+). Does UNHCR already have approval from the local authorities for this project, specifically from EDCO, and for such capacity in Al-Azraq? To be able to provide a correct evaluation for the project, the connection point must be available. Can you provide the connection point location? Is possible to provide the EDCO These must be obtained from Standards and Codes that we EDCO. must fulfill upon the connection to the grid? Question 6 Can you provide also the Geotechnical study for the site? We do not have a geotechnical study for the site. If the contractor deems such a study to be necessary, it should be included in the proposal. The decision could be influenced by a site visit to review ground conditions. Question 7 This project will be built within several phases (expected to be with 1MWp each), for a total of 6MWp. For the fencing, CCTV circuit, illumination, SCADA system, etc., shall the 1st phase (what we are now offering) considers already the full plant or it should be built on each phase? The reason is that to build on each phase these systems the cost advantage of building one 6MWp plant is greatly lost, in our opinion the 1st phase should already consider the full area so that the following phases should “only” need to place the electrical system, turning the overall system much cheaper. We appreciate the validity of your point; however, we ask that you price only the fencing etc. for one phase of 1MW only. Question 8 Also normally on PV plants If you feel that lighting is not there isn’t any light system because the CCTV cameras are infrared cameras and so they are able to detect the intrusions and the persons even with low light (the light system only facilitates the robbers). So can we propose a solution with this CCTV system and not the light system? If not does the light system requested need to be on during all night or just in case of emergency (detection of intrusion)? The highlighted area on the map seems not to enough to have 6MWp, can we consider a little more area for the complete plant? necessary and CCTVs with capacity to operate satisfactorily in darkness please reflect this in your proposal. Question 10 We have not realized one single 10 MW solar project, but overall we have realized more than 10 MW capacity. Are we still eligible to bid? Yes, as this is not a pass or fail criteria. But this will be reflected in your points that you will earn for your technical proposal. Question 11 We are registered with UNGM. Do we still have to submit the vendor registration form (Annex D) Yes. UNHCR has its own vendor registration process so please do submit Annex D – vendor registration form. Moreover, this will help assessing you as a potential supplier. Question 12 Please send us the land diagrams Question 13 Please send us the specific bill of quantities for civil works Plant location diagram is part of the tender documents as Annex B. Bidders should propose layout of plant based on the site shown. It is to be proposed by the bidder in the proposal (the BOQ provided as Annex A is only the baseline, and it can be amended by the bidder in line with his proposal. Question 14 What is the voltage level of the connection line? Question 9 As can be seen from the site visit, there will be adequate area for expansion in this section of the camp. The area shown on the location map is indicative only and does not represent the exact size of the total plant. It is 33 KV. Question 15 Question 16 Question 17 Question 18 Question 19 Question 20 Question 21 Are there any limitations of Installation place underground: (e.g. pipes (water, gas), cables (electricity, internet etc...) What is the preferred topology model (distributed or centralized?) Is there any place or building for temporary warehouse location for building parts available? Safety concerns (guard service) before and after installation? There are no underground services in this area What is the available Data connection on site (GSM, 3G, public fixed line)? Please send the Site plan with The layout of land and The situation of land It is 3G. Realistically speaking, no one of the bidders has the enough time to have a Geotechnical study for the project location ready before the deadline of submission in order to determine whether the land is suitable for ramming or not. Therefore since this is the case and to in order to avoid any differences in price resultant from the different assumptions and installation approaches of each bidder based on his view on the land topography, we think that it is fair to all the bidders that you specify the installation methodology to be taken into account for pricing purposes (either ramming or concrete ballasts). Upon awarding the tender to the winning bidder, he can then carry out a Geotechnical study and reflect any changes in design/price based on the actual land topography. Therefore, can you please Contractors should price for 100% ramming for the support structure foundations in the tender submission. Following the award of contract, the geotechnical survey will be carried out by the contractor and if it is evident that ramming is not possible in all areas, designs & costs will be revised as necessary It will be up to the bidder to suggest the preferred option A suitable area of land will be provided for this purpose (see Section 8 of the TOR, Annex A) Please see sections 8 & 11 of the TOR, Annex A See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Question 22 Question 23 Question 24 Question 25 Question 26 Question 27 specify to us which installation methodology to be used for pricing purposes upon submitting the tender, ramming or concrete ballasts? Can you please send us the site layout in AutoCAD format, and to specify in the file the exact location of the connection point as well as the perimeter of the area that you have allocated for the installation of the entire 6MW project? Can you please confirm that an asphalt internal road structure is not needed, and that only a base-course layer is enough? Can you please confirm that a water drainage system is not necessary? Can you please specify to us which point we should consider upon calculating and providing you with the total system expected yield? Should we assume it at the inverters or at the connection point? (Taking into account that there are losses Can you please confirm whether we should take into account the following losses factors upon calculating the total system expected yield (Plant Auxiliary Consumption, Plant Availability, Grid Availability, Soiling Losses) ? If the answer is yes, then can you please specify to us the losses percentage for each factor so that the bidders would have a fair and an apple-to-apple comparison of the total system expected yield? Please specify the Point-ofcommon-coupling (PCC) at the See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Base-course layer will be adequate, please specify details of these civil works While there is very little rain in this area and it is located locally at a high point, suitable provision should be made for proper diversion of rainwater from the site to avoid pooling, erosion and potential equipment damage. The kWh output for the complete system shall be measured at the 415V side of the transformer There are several loss factors involved in system design, and in calculating the total energy provided to the grid. It will be up to each bidder to specify which losses they are including in their calculations and what percentages they apply in each case. For the purposes of this tender please assume that the PCC for Single Line Diagram, showing if there are any spare feeders at the 33kV side, and information about this line ( 33KV) regarding to short circuit current capacity( in KA) & the withstand time for this capacity ( 1sec. or 3sec.) ? Question 28 What is the acceptable oversize ration of the inverters (DC/AC)? Question 29 Kindly clarify if the required Geotechnical report must be certified by JEA (Jordan Engineers Association) or not? Also please be noted that till now we don’t receive any other drawings showing the connection point and the areas Question 30 Question 31 What is the distance between the exchange and the PVenergy transmission line? Question 32 What are the legal procedures for transmission line and connection to grid? Question 33 Unlike the standard connection terms used in other countries, Are there any specific range of values such as rules or extreme each phase is the 33kV connection point shown on the latest site drawing and that provision of feeders is to be included in the contract. Please also assume that the distance from the transformer in each phase to this connection point is identical to the first phase. (Differences in actual distances will be agreed for each phase during the contract). We do not have specific information from EDCO on the short circuit capacity or withstand time on hte 33kV (10MVA) line We do not have set minimum or maximum levels for this ratio. This will depend on the specific design and the methods used in modelling/estimating system performances, taking into account the climatic and regional conditions. The contractor can detail the calculations and assumptions made in system design and equipment parameters. We confirm that the geotechnical report should be certified by JEA See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Please see items under "EDCO connections approvals and applications procedures" section of Annex A We cannot advise you on the electricity laws and regulations of Jordan. If you have a partnership with a Jordanian frequency, voltage, protection for Jordan? registered company, they may be able to assist you. Additional information can also be found at www.erc.gov.jo, www.memr.gov.jo, and www.nepco.com.jo. See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Question 34 Could you please share site plan of PV Plant and details of Grid Connection Point? Question 35 Is there requirements for the invertor to be Centralized or it has to be multiple String Invertor? Or we can provide you the both options? I would like to inquire about the document's submission for the project mentioned above, whether if we can attach the documents on the Drive or Dropbox in separate files since the volume of the tender will be above the email's capacity limits. You can provide both options. Please make it clear in your proposal. Question 37 Is the site visit necessary? Question 38 Is the module technology restricted to silicon crystalline only, or could we propose CIS thin film modules. In our opinion a tracker system with solar panels will be beneficial for the project as it increases the amount of energy obtained from the PV system, please advise if proposing a tracking system in our offer is allowed? In case the tracker system is allowed, we appreciate informing us how the bid will evaluated? As a PV system with tracker is a bit more expensive than a PV system with the same KWp, but it will produce more energy (KWH) than the fixed system. i.e. will the yearly KWH produced by the system be part Site visit is not mandatory, however strongly recommended. You may propose CIS module or other technologies Question 36 Question 39 Question 40 Please do not use Dropbox. If the volume is large, please submit your bid in as many separate emails (e.g. 10 emails for the technical proposal and 2 for the financial offer) as necessary. We will accept proposals for tracking systems as separate options to fixed systems. The annual kWH produced and plant performance ratio will form part of the evaluation. Question 41 Question 42 Question 43 Question 44 Question 45 of the evaluation? It is requested any security building (for CCTV and SCADA System) or can we use one of the existent buildings, like the SRAD offices (PS+). The PV plant will be completely independent of the SRAD or any other facilities in the camp. All systems shall be contained within the fenced compound of the PV plant As per ITB, ”Payments shall only In principle UNHCR does not be initiated after signing of the make advance payments and contract between the winning only pays 100% after bidder and UNHCR, upon acceptance of the project delivery of the specified works delivery or at each and services” Is it possible for accomplished milestone. contractor requesting part payment during phase by phase However, in case of long and expensive projects suppliers completion of project. may want to offer a different For instance some percentage payment schedule in their in mobilization period, following 25 %, 50% and 100%. bid. Such payment plans are accepted only at contract (PO) award based on the financial offer. If advance payment is requested, depending on the relevant amount, a bank guarantee may be requested as well. Are there any remnants of dirt on the land or nature land? How much the distance between the site of system and the electricity network? Do you have all approvals and license to connect with electricity network? Question 46 Can we send the offer through emails (it will be many emails)? Question 47 Do you have a preferred specific origin of the elements of system? Please specify the required types of training? Is required to visit the location (facility) of the company? Question 48 Question 49 Please see attached two photos of the site Details are on site drawings of location of existing electricity network See “EDCO approvals and applications procedure” section in Annex A, TOR. Outline approval has been given by EDCO and we have permission to use the land for this purpose from the government. Yes, you can send your offer split in as many emails as you want. We do not have a preferred origin for any element of the system We ask that you propose a training schedule and content It is not foreseen at this stage, but UNHCR might include it in Question 50 Question 51 Question 52 Question 53 Question 54 Question 52 We know there is no advance down payment, but can we work on stages payments? In section 11.0 of the TOR, Annex A, it is requested to provide a guaranteed minimum annual output to the EDCO grid. Could you please specify us if we need to provide minimum energy production or the minimum Performance Ratio? Is it requested to install a perimetral video surveillance system and/or an alarm system? You mentioned that the nominal power output is 1002KWP , but you didn’t determine if it’s will be on the DC or the AC level , so if it’s on the AC level so oversize is a must in order to achieve the total AC output because of the losses. What do you mean exactly by the Cooling & ventilation system , is it for the inverters or for the whole PV panels , if it’s for the whole PV panels this will reflect widely on the price and usually in the Jordan PV projects they don’t require this system because the climate does not reflect that much on the plant efficiency. Can I use Dropbox to submit my proposals as files are over 60 MB with numerous drawings? the future. Please refer to Question number: 42 Please provide the minimum annual performance ratio for the complete system, detailing all losses. It is not mandatory to install video surveillance or alarm systems. It is up to the contractor to propose the necessary security arrangements as they will be responsible for the security of the site for the first two years. It is 1002kWp - dc Cooling and ventilation is not deemed an essential requirement if your design proposal excludes the necessity for any such system. (e.g. if none of your equipment requires temperature control, then it would be unnecessary) Please refer to Question 36. Please do not use Dropbox or similar. Please split your submissions into smaller segments and send multiple emails. Questions and Answers RFP UNHCR/PMCS/2015/GOODS/MI RFP/015 Question 1 What kind of amenities will need power? How many buildings need power? Which buildings require power 24/7? Question 2 Are consortiums allowed? Also, since we are participating with two in a consortium should both of the companies fulfill the Annex D or just the leader? Please quote for the PV solar power plant as defined within the RFP documents: Electricity/power demands of various facilities within the camp are outside the scope of this RFP. Consortiums or joint ventures are allowed. All members of the joint venture or consortium have to submit the duly signed vendor registration form. The joint venture or consortium has to appoint a leader which will be also our focal point with the tendering and if awarded for the project implementation. If awarded, the payment will be made only to the leader of the consortium or to the consortium itself once/if it is established formally in a country recognized by the UN. All necessary certifications/licenses for the project have to be obtained by at least one member of the consortium. The bid proposal should contain information on Question 3 Question 4 Question 5 which member of the consortium/joint venture does what in the project implementation. This information is important for the technical assessment of the proposal. Yes there is permission from the Ministry of Energy for the project and outline approval from EDCO for the capacity outlines in the first phase. The connection point will be the crossroads between service road No. 1 and No. 3 to the west of the SRAD offices (PS+). Does UNHCR already have approval from the local authorities for this project, specifically from EDCO, and for such capacity in Al-Azraq? To be able to provide a correct evaluation for the project, the connection point must be available. Can you provide the connection point location? Is possible to provide the EDCO These must be obtained from Standards and Codes that we EDCO. must fulfill upon the connection to the grid? Question 6 Can you provide also the Geotechnical study for the site? We do not have a geotechnical study for the site. If the contractor deems such a study to be necessary, it should be included in the proposal. The decision could be influenced by a site visit to review ground conditions. Question 7 This project will be built within several phases (expected to be with 1MWp each), for a total of 6MWp. For the fencing, CCTV circuit, illumination, SCADA system, etc., shall the 1st phase (what we are now offering) considers already the full plant or it should be built on each phase? The reason is that to build on each phase these systems the cost advantage of building one 6MWp plant is greatly lost, in our opinion the 1st phase should already consider the full area so that We appreciate the validity of your point; however, we ask that you price only the fencing etc. for one phase of 1MW only. the following phases should “only” need to place the electrical system, turning the overall system much cheaper. Question 8 Also normally on PV plants there isn’t any light system because the CCTV cameras are infrared cameras and so they are able to detect the intrusions and the persons even with low light (the light system only facilitates the robbers). So can we propose a solution with this CCTV system and not the light system? If not does the light system requested need to be on during all night or just in case of emergency (detection of intrusion)? The highlighted area on the map seems not to enough to have 6MWp, can we consider a little more area for the complete plant? If you feel that lighting is not necessary and CCTVs with capacity to operate satisfactorily in darkness please reflect this in your proposal. Question 10 We have not realized one single 10 MW solar project, but overall we have realized more than 10 MW capacity. Are we still eligible to bid? Yes, as this is not a pass or fail criteria. But this will be reflected in your points that you will earn for your technical proposal. Question 11 We are registered with UNGM. Do we still have to submit the vendor registration form (Annex D) Yes, being registered with UNGM is not relevant for UNHCR. UNHCR has its own vendor registration process so please do submit Annex D – vendor registration form. Moreover, this will help assessing you as a potential supplier. Question 12 Please send us the land diagrams Question 13 Please send us the specific bill Plant location diagram is part of the tender documents as Annex B. Bidders should propose layout of plant based on the site shown. It is to be proposed by the Question 9 As can be seen from the site visit, there will be adequate area for expansion in this section of the camp. The area shown on the location map is indicative only and does not represent the exact size of the total plant. of quantities for civil works bidder in the proposal (the BOQ provided as Annex A is only the baseline, and it can be amended by the bidder in line with his proposal. Question 14 What is the voltage level of the connection line? It is 33 KV. Question 15 Are there any limitations of Installation place underground: (e.g. pipes (water, gas), cables (electricity, internet etc...) What is the preferred topology model (distributed or centralized?) Is there any place or building for temporary warehouse location for building parts available? Safety concerns (guard service) before and after installation? There are no underground services in this area What is the available Data connection on site (GSM, 3G, public fixed line)? Please send the Site plan with The layout of land and The situation of land It is 3G. Realistically speaking, no one of the bidders has the enough time to have a Geotechnical study for the project location ready before the deadline of submission in order to determine whether the land is suitable for ramming or not. Therefore since this is the case and to in order to avoid any differences in price resultant from the different assumptions and installation approaches of each bidder based on his view on the land topography, we think that it is fair to all the bidders that you specify the installation methodology to be taken into account for pricing Contractors should price for 100% ramming for the support structure foundations in the tender submission. Following the award of contract, the geotechnical survey will be carried out by the contractor and if it is evident that ramming is not possible in all areas, designs & costs will be revised as necessary Question 16 Question 17 Question 18 Question 19 Question 20 Question 21 It will be up to the bidder to suggest the preferred option A suitable area of land will be provided for this purpose (see Section 8 of the TOR, Annex A) Please see sections 8 & 11 of the TOR, Annex A See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Question 22 Question 23 Question 24 Question 25 Question 26 purposes (either ramming or concrete ballasts). Upon awarding the tender to the winning bidder, he can then carry out a Geotechnical study and reflect any changes in design/price based on the actual land topography. Therefore, can you please specify to us which installation methodology to be used for pricing purposes upon submitting the tender, ramming or concrete ballasts? Can you please send us the site layout in AutoCAD format, and to specify in the file the exact location of the connection point as well as the perimeter of the area that you have allocated for the installation of the entire 6MW project? Can you please confirm that an asphalt internal road structure is not needed, and that only a base-course layer is enough? Can you please confirm that a water drainage system is not necessary? Can you please specify to us which point we should consider upon calculating and providing you with the total system expected yield? Should we assume it at the inverters or at the connection point? (Taking into account that there are losses Can you please confirm whether we should take into account the following losses factors upon calculating the total system expected yield (Plant Auxiliary Consumption, Plant Availability, Grid Availability, Soiling Losses) ? If See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Base-course layer will be adequate, please specify details of these civil works While there is very little rain in this area and it is located locally at a high point, suitable provision should be made for proper diversion of rainwater from the site to avoid pooling, erosion and potential equipment damage. The kWh output for the complete system shall be measured at the 415V side of the transformer There are several loss factors involved in system design, and in calculating the total energy provided to the grid. It will be up to each bidder to specify which losses they are including in their calculations and what percentages they apply in each Question 27 the answer is yes, then can you please specify to us the losses percentage for each factor so that the bidders would have a fair and an apple-to-apple comparison of the total system expected yield? Please specify the Point-ofcommon-coupling (PCC) at the Single Line Diagram, showing if there are any spare feeders at the 33kV side, and information about this line ( 33KV) regarding to short circuit current capacity( in KA) & the withstand time for this capacity ( 1sec. or 3sec.) ? Question 28 What is the acceptable oversize ration of the inverters (DC/AC)? Question 29 Kindly clarify if the required Geotechnical report must be certified by JEA (Jordan Engineers Association) or not? Also please be noted that till now we don’t receive any other drawings showing the connection point and the areas Question 30 Question 31 What is the distance between the exchange and the PVenergy transmission line? case. For the purposes of this tender please assume that the PCC for each phase is the 33kV connection point shown on the latest site drawing and that provision of feeders is to be included in the contract. Please also assume that the distance from the transformer in each phase to this connection point is identical to the first phase. (Differences in actual distances will be agreed for each phase during the contract). We do not have specific information from EDCO on the short circuit capacity or withstand time on hte 33kV (10MVA) line We do not have set minimum or maximum levels for this ratio. This will depend on the specific design and the methods used in modelling/estimating system performances, taking into account the climatic and regional conditions. The contractor can detail the calculations and assumptions made in system design and equipment parameters. We confirm that the geotechnical report should be certified by JEA See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Question 32 What are the legal procedures for transmission line and connection to grid? Question 33 Unlike the standard connection terms used in other countries, Are there any specific range of values such as rules or extreme frequency, voltage, protection for Jordan? Question 34 Could you please share site plan of PV Plant and details of Grid Connection Point? Question 35 Is there requirements for the invertor to be Centralized or it has to be multiple String Invertor? Or we can provide you the both options? Horvath (Horvath@unhcr.org) Please see items under "EDCO connections approvals and applications procedures" section of Annex A We cannot advise you on the electricity laws and regulations of Jordan. If you have a partnership with a Jordanian registered company, they may be able to assist you. Additional information can also be found at www.erc.gov.jo, www.memr.gov.jo, and www.nepco.com.jo. See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) You can provide both options. Please make it clear in your proposal. Questions and Answers RFP UNHCR/PMCS/2015/GOODS/MI RFP/015 Question 1 What kind of amenities will need power? How many buildings need power? Which buildings require power 24/7? Question 2 Are consortiums allowed? Also, since we are participating with two in a consortium should both of the companies fulfill the Annex D or just the leader? Please quote for the PV solar power plant as defined within the RFP documents: Electricity/power demands of various facilities within the camp are outside the scope of this RFP. Consortiums or joint ventures are allowed. All members of the joint venture or consortium have to submit the duly signed vendor registration form. The joint venture or consortium has to appoint a leader which will be also our focal point with the tendering and if awarded for the project implementation. If awarded, the payment will be made only to the leader of the consortium or to the consortium itself once/if it is established formally in a country recognized by the UN. All necessary certifications/licenses for the project have to be obtained by at least one member of the consortium. The bid proposal should contain information on Question 3 Question 4 Question 5 which member of the consortium/joint venture does what in the project implementation. This information is important for the technical assessment of the proposal. Yes there is permission from the Ministry of Energy for the project and outline approval from EDCO for the capacity outlines in the first phase. The connection point will be the crossroads between service road No. 1 and No. 3 to the west of the SRAD offices (PS+). Does UNHCR already have approval from the local authorities for this project, specifically from EDCO, and for such capacity in Al-Azraq? To be able to provide a correct evaluation for the project, the connection point must be available. Can you provide the connection point location? Is possible to provide the EDCO These must be obtained from Standards and Codes that we EDCO. must fulfill upon the connection to the grid? Question 6 Can you provide also the Geotechnical study for the site? We do not have a geotechnical study for the site. If the contractor deems such a study to be necessary, it should be included in the proposal. The decision could be influenced by a site visit to review ground conditions. Question 7 This project will be built within several phases (expected to be with 1MWp each), for a total of 6MWp. For the fencing, CCTV circuit, illumination, SCADA system, etc., shall the 1st phase (what we are now offering) considers already the full plant or it should be built on each phase? The reason is that to build on each phase these systems the cost advantage of building one 6MWp plant is greatly lost, in our opinion the 1st phase should already consider the full area so that We appreciate the validity of your point; however, we ask that you price only the fencing etc. for one phase of 1MW only. the following phases should “only” need to place the electrical system, turning the overall system much cheaper. Question 8 Also normally on PV plants there isn’t any light system because the CCTV cameras are infrared cameras and so they are able to detect the intrusions and the persons even with low light (the light system only facilitates the robbers). So can we propose a solution with this CCTV system and not the light system? If not does the light system requested need to be on during all night or just in case of emergency (detection of intrusion)? The highlighted area on the map seems not to enough to have 6MWp, can we consider a little more area for the complete plant? If you feel that lighting is not necessary and CCTVs with capacity to operate satisfactorily in darkness please reflect this in your proposal. Question 10 We have not realized one single 10 MW solar project, but overall we have realized more than 10 MW capacity. Are we still eligible to bid? Yes, as this is not a pass or fail criteria. But this will be reflected in your points that you will earn for your technical proposal. Question 11 We are registered with UNGM. Do we still have to submit the vendor registration form (Annex D) Yes, being registered with UNGM is not relevant for UNHCR. UNHCR has its own vendor registration process so please do submit Annex D – vendor registration form. Moreover, this will help assessing you as a potential supplier. Question 12 Please send us the land diagrams Question 13 Please send us the specific bill Plant location diagram is part of the tender documents as Annex B. Bidders should propose layout of plant based on the site shown. It is to be proposed by the Question 9 As can be seen from the site visit, there will be adequate area for expansion in this section of the camp. The area shown on the location map is indicative only and does not represent the exact size of the total plant. of quantities for civil works bidder in the proposal (the BOQ provided as Annex A is only the baseline, and it can be amended by the bidder in line with his proposal. Question 14 What is the voltage level of the connection line? It is 33 KV. Question 15 Are there any limitations of Installation place underground: (e.g. pipes (water, gas), cables (electricity, internet etc...) What is the preferred topology model (distributed or centralized?) Is there any place or building for temporary warehouse location for building parts available? Safety concerns (guard service) before and after installation? There are no underground services in this area What is the available Data connection on site (GSM, 3G, public fixed line)? Please send the Site plan with The layout of land and The situation of land It is 3G. Realistically speaking, no one of the bidders has the enough time to have a Geotechnical study for the project location ready before the deadline of submission in order to determine whether the land is suitable for ramming or not. Therefore since this is the case and to in order to avoid any differences in price resultant from the different assumptions and installation approaches of each bidder based on his view on the land topography, we think that it is fair to all the bidders that you specify the installation methodology to be taken into account for pricing Contractors should price for 100% ramming for the support structure foundations in the tender submission. Following the award of contract, the geotechnical survey will be carried out by the contractor and if it is evident that ramming is not possible in all areas, designs & costs will be revised as necessary Question 16 Question 17 Question 18 Question 19 Question 20 Question 21 It will be up to the bidder to suggest the preferred option A suitable area of land will be provided for this purpose (see Section 8 of the TOR, Annex A) Please see sections 8 & 11 of the TOR, Annex A See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Question 22 Question 23 Question 24 Question 25 Question 26 purposes (either ramming or concrete ballasts). Upon awarding the tender to the winning bidder, he can then carry out a Geotechnical study and reflect any changes in design/price based on the actual land topography. Therefore, can you please specify to us which installation methodology to be used for pricing purposes upon submitting the tender, ramming or concrete ballasts? Can you please send us the site layout in AutoCAD format, and to specify in the file the exact location of the connection point as well as the perimeter of the area that you have allocated for the installation of the entire 6MW project? Can you please confirm that an asphalt internal road structure is not needed, and that only a base-course layer is enough? Can you please confirm that a water drainage system is not necessary? Can you please specify to us which point we should consider upon calculating and providing you with the total system expected yield? Should we assume it at the inverters or at the connection point? (Taking into account that there are losses Can you please confirm whether we should take into account the following losses factors upon calculating the total system expected yield (Plant Auxiliary Consumption, Plant Availability, Grid Availability, Soiling Losses) ? If See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) Base-course layer will be adequate, please specify details of these civil works While there is very little rain in this area and it is located locally at a high point, suitable provision should be made for proper diversion of rainwater from the site to avoid pooling, erosion and potential equipment damage. The kWh output for the complete system shall be measured at the 415V side of the transformer There are several loss factors involved in system design, and in calculating the total energy provided to the grid. It will be up to each bidder to specify which losses they are including in their calculations and what percentages they apply in each Question 27 the answer is yes, then can you please specify to us the losses percentage for each factor so that the bidders would have a fair and an apple-to-apple comparison of the total system expected yield? Please specify the Point-ofcommon-coupling (PCC) at the Single Line Diagram, showing if there are any spare feeders at the 33kV side, and information about this line ( 33KV) regarding to short circuit current capacity( in KA) & the withstand time for this capacity ( 1sec. or 3sec.) ? Question 28 What is the acceptable oversize ration of the inverters (DC/AC)? Question 29 Kindly clarify if the required Geotechnical report must be certified by JEA (Jordan Engineers Association) or not? Also please be noted that till now we don’t receive any other drawings showing the connection point and the areas Question 30 Question 31 What is the distance between the exchange and the PVenergy transmission line? case. For the purposes of this tender please assume that the PCC for each phase is the 33kV connection point shown on the latest site drawing and that provision of feeders is to be included in the contract. Please also assume that the distance from the transformer in each phase to this connection point is identical to the first phase. (Differences in actual distances will be agreed for each phase during the contract). We do not have specific information from EDCO on the short circuit capacity or withstand time on hte 33kV (10MVA) line We do not have set minimum or maximum levels for this ratio. This will depend on the specific design and the methods used in modelling/estimating system performances, taking into account the climatic and regional conditions. The contractor can detail the calculations and assumptions made in system design and equipment parameters. We confirm that the geotechnical report should be certified by JEA See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Question 32 What are the legal procedures for transmission line and connection to grid? Question 33 Unlike the standard connection terms used in other countries, Are there any specific range of values such as rules or extreme frequency, voltage, protection for Jordan? Question 34 Could you please share site plan of PV Plant and details of Grid Connection Point? Horvath (Horvath@unhcr.org) Please see items under "EDCO connections approvals and applications procedures" section of Annex A We cannot advise you on the electricity laws and regulations of Jordan. If you have a partnership with a Jordanian registered company, they may be able to assist you. Additional information can also be found at www.erc.gov.jo, www.memr.gov.jo, and www.nepco.com.jo. See solar.dwg file and revised pdf file 'Solar PV Plant Location 2'. If you have not received the .dwg file, please contact Kristof Horvath (Horvath@unhcr.org) 149500 General Reception Center E E1 Protection E2 Parking for Rec+Hospital H l pe pi e in RD2 149000 Education C D T1 Public Parking Civil Defense Darak Transformer P Police Post PS Police Base &SRCD U-A Adolescent Friendly Space U-P Play ground U-I Informal Education U-CT Child protection rubhall U-S School U-R Recreational Area M-FG Male Football Ground F-FG Female Football Ground Z1-3 Zain Tower Mosque Mq box culvert Child Friendly Space U-MP Multi purpose Area CP Community Police box culvert U-C FG Football Ground D GY GYM C1-12 Police Umbrellas Electric Cable Dyke Line W Electric pole B ER AT W cy t n e xi g E er AI M N AY Em C12 Main electric pole HIGH W Culverts Area for tree planting C2 Gas filling point Replenishment site Rd #2 148000 G R C3 ice ntranc e Rd Visito e 33k r's Are a 20 20 Bail ou 12 10 20 11 t Area 10 20 Waiting 3 S7 S8 S14 S21 S15 S22 S14 S3 S15 S4 S17 Shade 12mx20m S4 S5 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Bloc k7 S17 S19 S8 S10 S1 S16 S10 S12 S4 S23 S9 S11 S3 IYFC L Water Storage Location New Pipe Line 1008.77 C S2 Distribution Center G k 11 Wad D S1 J1-8 T3cCC U-C 2 C5 U-A g i Rin E Z2 1 B11 A2 Bore hole location Water Tap Stand D p U-I R U-C CP SL WFP Market Informal Market NRC C u-m 3 3 3 g Blo ck 6 U-CT lantin F E 3 3 for p P U-A Block 6 Block 5 Block 4 Block 1 3 Block 12 Village II Block 11 F1 WF IYC F Area PS 1018.00 Hospital I2 IRC Mq e III B 995.48 enter ion C t p e c Re F 3 U-A 147000 Hospital Rd Rd D ACTE / WV house Ware Area 3 Villag A ZRAQ Offices THW Public Parking ark C4 RD2 M/M1-6 K AYTO A Main Service Rd #1 Offices 2 2 Canteen ad o R HIGHW RD3 B9 1 O Area Offices C 4 NRC WFP nees' Offices THW THW Retur Offices g Parkin NRC ACTED 2 12 13 Bloc k1 NRC a ouse Wareh ansion Are Area Exp U-P Area ck 1 0 E2 P 20 Waiting k5 F NRC Block 15 IMC 3 6 23 1 Block 1 SRAD Care NRC WFP IMC C U-A-IM FPD ction U-I Block 10 SRAD NRC NRC NRC Parking J/J1 Admin UNHCR Waiting Area 2 Women's haven Prote 1 U-C Block 9 UNHCR R UNHC R R Handicap Block 8 UNHC UNHC R UNHC R 1 1 Shaded Area (12 x 20 m) C U-C R UNHC UNHC Rubb-Halls Block 3 Data entry booth Block 1 Shaded Waiting Area Office container Block 7 R UNHC D ACTE R UNHC R4 FORME TRANS - existing) (250 KVA 12 A/A1 10 1019.48 ad Mainro UNHCR Beneficiary Wash units Office container 12 Connection Point from PV Plant to the 33kv line e t R ing C NRC Post Propsed amp Base C n Area sio Exten g Rd p Rin m a C A Base P Police Rubb-Halls Storage container Drop off point ce Entran NRC B Unaccompanied Minors NRC Distribution compound Mar k 50 50 Staff Latrines Waiting area 1 Block 2 Area Wash Food v Return Bus Parkin g 12 Bloc B G EDC O lin Public Parkin g Bloc k9 A F E D J/J2 Bloc k3 m Buffer zone 50 Bloc k2 Rd #1 e ic v r e S in a M 1002.53 Ma in S erv 1pc C C11 Public E P Plot 11 Plot 6 Plot 13 Plot 9 7 12 14 C7 Scale 200 m 200 m 200 m 200 m N 200 m Azraq Refugee Camp Master Plan 144000 Design by : WERNER/NGENDRA/ Mais Drawn By: Nagendra/ Mais / Ru'a W E 304000 303500 303000 302500 302000 301500 301000 300500 300000 299500 299000 298500 298000 297500 297000 143500 296500 Update Date:5 July , 2015 S C:\Users\Alsuradi\Desktop\unhcr-hetemaj.jpg DATE: 15 July 2015 REQUEST FOR PROPOSAL: RFP NO: UNHCR/PMCS/2015/GOODS/MI RFP/015 FOR A FRAME AGREEMENT FOR THE PROVISION OF Design, Supply, Installation and Maintenance of Solar Photo Voltaic Electricity Generation Plant at UNHCR Azraq refugee Camp in Jordan CLOSING DATE AND TIME: 26 August 2015, 23:59 hour, CET INTRODUCTION TO UNHCR The Office of the United Nations High Commissioner for Refugees (UNHCR) was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It also has a mandate to help stateless people. In more than six decades, the agency has helped tens of millions of people restart their lives. Today, a staff of some 6,600 people in more than 110 countries continues to help about 34 million persons. To help and protect some of the world’s most vulnerable people in so many places and types of environment, UNHCR must purchase goods and services worldwide. For further information on UNHCR, its mandate and operations, please see http://www.unhcr.org. UNHCR ACTIVITIES IN JORDAN Since March 2011, the Hashemite Kingdom of Jordan has received over 600,000 Syrians inside their borders as result of the current crisis in Syria, according to Government of Jordan estimates. The government has stressed to the international community that the number of arrivals is causing an economy, infrastructure and on natural resources, in addition to the support that host communities continue to provide refugees, and facing challenges in supporting their prolonged stay. Electricity supply is an important and priority element in UNHCR’s camp security, protection and general well-being, including assistance of refugees. Jordan is heavily reliant on external fossil-fuel sources to generate electricity and the government target is to generate 10 per cent of its energy through renewable sources by 2020. UNHCR Jordan office aims to establish a frame agreement for two years potentially extendable for an additional year, for the installation of a Solar PV electricity 1 generation plant to be implemented in phases until the output of this plant matches the electricity demand of Azraq refugee camp as indicated in the Annex A (TOR). 1. REQUIREMENTS The Office of the United Nations High Commissioner for Refugees (UNHCR), Branch Office Amman, Jordan invites qualified renewable energy and solar power engineering companies to make a firm offer through a proposal for the design, supply installation, operation and continuous maintenance, including staff training, of a Solar Photo-Voltaic power generation plant at Azraq refugee camp in Jordan as detailed in Annex A (TOR). It is preferable that the company has a local agent in Jordan or an established partnership with a suitable Jordanian sub-contractor/implementation partner. IMPORTANT: Requirements are detailed in Annex A of this document – Terms of Reference (TOR). It is strongly recommended that this Request for Proposal and its annexes be read thoroughly. Failure to observe the procedures outlined therein may result in disqualification from the evaluation process. Sub-Contracting: Please take careful note of article 5 of the attached General Terms and Conditions (Annex E). Note: this document is not construed in any way as an offer to contract with your firm. 2. BIDDING INFORMATION: 2.1. RFP DOCUMENTS The following annexes form integral part of this Request For Proposal: Annex A: Annex B: Annex C: Annex D: Annex E: 2.2 (i) Terms of Reference (TOR) (ii) Drawing of Azraq Site Plan Bill of Quantity (BOQ) Vendor Registration Form UNHCR General Conditions of Contracts for the Provision of Goods and Services ACKNOWLEDGMENT We would appreciate your informing us of the receipt of this RFP by return e-mail to Kristof Horvath as to: Horvath@unhcr.org Your confirmation of receipt of this Request for Proposals (RFP) Whether or not you will be submitting a bid 2.3 REQUESTS FOR CLARIFICATION 2 Bidders are required to submit any request for clarification or any question in respect of this RFP by e-mail to Horvath@unhcr.org. The deadline for receipt of questions is 14:00 hrs local time on Tuesday 12th August 2015. Bidders are requested to keep all questions concise. Please note that a site visit is possible at AZRAQ camp. Please note the following days to arrange the site visit: (1) 05th August between 9.00 Am and 1.00PM (2) 11th August between 9.00 Am and 1.00PM The technical focal point is Mr. Paul Quigley who will answer any arising questions. He can be contacted to arrange the visit at QUIGLEY@unhcr.org or at cellphone + 962 791325962 The exact steps to follow in order to get the permission to enter the camp from the Syrian Refugees Affairs Directorate (SRAD) are attached to this Addendum. The minutes of the site visit will be published to all potential bidders. The site visit is not mandatory however strongly recommended. IMPORTANT: Please note that Bid Submissions are not to be sent to the e-mail address above. UNHCR will reply to the questions received as soon as possible by means of publication on its website and UNGM’s website. 2.4 YOUR OFFER Your offer shall be prepared in English. Please submit your offer using the Annexes provided. Offers not conforming to the requested formats may be not taken into consideration. IMPORTANT: Inclusion of copies of your offer with any correspondence sent directly to the attention of the responsible buyer or any other UNHCR staff other than the submission e-mail address will result in disqualification of the offer. Please send your bid directly to the address provided in the “Submission of Bid” section 2.6) of this RFP. Your offer shall comprise the following two sets of documents in separate Emails: (i) Technical offer (ii) Financial offer 2.4.1 Content of the TECHNICAL OFFER 3 IMPORTANT: No prices should be included in the Technical offer. The technical proposal should include the Bill of Quantities (BOQ) without any pricing information! Failure to comply with the above may risk disqualification. The technical evaluation personnel will review the Bill of Quantities (BOQ). Furthermore, the technical offer should contain all information required to assess the contractor’s proposal. The Requirements of the goods and service requested by UNHCR can be found in Annex A. Your technical offer should be concisely presented and structured in the following order to include, but not necessarily be limited to, the following information: 1. Profile of Firm/Organization The Service Provider must describe and explain how they can deliver the requirements of UNHCR by providing the following information: a) b) c) Profile – describing the nature of business, field of expertise, licenses (i.e. Registration Certificate/license, certifications, ISO, environmental, Health&Safety, accreditations), how many years registered in their country of origin , how many years’ experience in renewable energy design and installation, staff resources, number of full-time engineers, registration with an engineering association or engineering body in your country Latest Audited Financial reports for the past 2 years If the contractor intends to engage an expert local subcontractor or implementing partner, then the above details (a&b) must be submitted both for the contractor and the subcontractor. The contractor and the subcontractor must also submit details of any partnership or previous collaboration. 2. Experience on similar services a) Track Record – a history of the company’s successfully completed projects and any current contracts. Experience in carrying out similar projects. Experience with diplomatic missions, UN agencies, governmental bodies, as well as work in refugee camps would be of advantage. b) 3. Design of systems, specification of equipment and installation methods. Service Provider shall submit their design proposal, methodology of work which shall include all drawings, equipment and material specifications, in addition to methods of installation and standardization of components , as well as a training program for local staff, as outlined in the TOR. 4. Work Plan and Assessments a) Demonstrate how the work will be achieved and provide an estimated time-frame for completion of each phase of the works starting 01st December 2015. ï‚· Project Implementation plan ï‚· Resources to be mobilized for the project ï‚· Civil works ï‚· Testing, commissioning and operation details 4 ï‚· Site set up, storage, security, cleaning, wastes etc. ï‚· Training 20 local people per year for the operation and maintenance of the system b) Details of coordination, management and payment for all necessary assessments, studies, certifications and licenses required to complete the project. c) Your technical proposal should include the Bill of Quantities (BOQ) for a phase of one (1) MW without pricing information! That document will be considered for the technical evaluation. You are requested to use as a starting point the draft BOQ provided as Annex C by adding or removing items according to the specific proposal submitted. d) You are also requested to propose a plan for the training of 20 local staff on a yearly basis for the operation and maintenance of the complete system. 5. Vendor Registration Form: If your company is not already registered with UNHCR, you should complete, sign and submit with your technical proposal the Vendor Registration Form (Annex D). 6. UNHCR General Conditions for Provision of Services: Your technical offer should contain your acknowledgement of the UNHCR General Conditions for Provision of Services by signing Annex E or send a signed acknowledgment letter for UNHCR Terms and Conditions. 2.4.2 Content of the FINANCIAL OFFER Your separate Financial Offer must contain an overall offer in a single currency, either in US Dollars, Euros or in the currency of your company’s country. The financial offer must cover all the cost elements: all the goods and services to be provided (price “all inclusive turnkey price”). The Contractor shall complete the Bill of Quantities presented as part of the technical proposal providing in this case the pricing information including installation costs, detailing all items and labour necessary to carry out the complete phase. Depending on the final capacity required, prices quoted in the BOQ (submitted as Annex C) will use as the base to determine the exact cost of works. The contractor shall provide a full breakdown of all the costs including insurances and any other expenses necessary to complete the installation. Labour and overhead costs shall be detailed separately as well as the total cost of operation, maintenance and security costs for a phase of one (1) MW, which will be considered for the financial evaluation. Furthermore, you are requested to offer the cost of training of 20 skilled laborers in the installation, operation and maintenance of solar PV plant and equipment each year, as outlined in the TOR. The cost of training of 20 laborers each year (for 2 years) will be considered for the financial evaluation. Individual prices shall be shown for all separate items of equipment in calculating the totals. Unit rates shall be deemed to include all direct and indirect costs. Your financial offer (BOQ) has to include all costs. No further or hidden costs can be added at a later stage to your financial offer. 5 NOTE: If no financial offer is received, the bid shall be automatically disqualified. The Financial Offer is to be submitted as per the Financial Offer Form (Annex C). Bids that have a different price structure may not be accepted. UNHCR is exempt from all direct taxes and customs duties. In this regard, price has to be given without VAT. You are requested to hold your offer valid for 90 days from the deadline for submission. UNHCR will make its best effort to select a company within this period. UNHCR’s standard payment terms are within 30 days after satisfactory implementation and receipt of documents in order. The cost of preparing a bid and negotiating a contract, including any related travel, is not reimbursable nor can it be included as a direct cost of the assignment. 2.5 BID EVALUATION: 2.5.1 Supplier Registration: The qualified supplier(s) will be added to the Vendor Database after assessment of suitability based on the submitted Vendor Registration Form, supporting documents and reference checks. The investigation involves consideration of several factors such as: ï‚· ï‚· ï‚· ï‚· Financial standing; Core business; Track record; Contract capacity. 2.5.2 Technical and Financial Evaluation: For the award of this project, UNHCR has established evaluation criteria which govern the selection of offers received. Evaluation is made on a technical and financial basis. The percentage assigned to each component is determined in advance as follows: The Technical Offer will be evaluated with a score out of 60%. The Financial Offer will be evaluated with a score out of 40%. Technical Evaluation Criteria The technical offer will be evaluated on the basis of the information requested in 2.4.1 above. The technical proposal is evaluated on the basis of its responsiveness to the Term of Reference (TOR). The Technical Offer will be evaluated using inter alia the following criteria and percentage distribution: 60% from the total score: Scores 10points 1. Company Profile & Qualifications 6 2. Experience on similar services 3. Design of systems, specification of equipment, installation methods and training plan 4. Work Plan & Assessments Total: 10 points 30 points 10points 60 points Technical offers that do not reach at least 70% (42 points) of the technical scores will not be considered for further evaluation. Financial Evaluation The Financial offer will use the following percentage distribution: [40] % from the total score. The maximum number of points will be allotted to the lowest price offer that is opened and compared among those invited firms. All other price offers will receive points in inverse proportion to the lowest price; e.g., [total Price Component] x [USD lowest] \ [USD other] = points for other supplier’s Price Component. For evaluation purposes only, the offers submitted in currency other than US Dollars will be converted into US Dollars using the United Nations rate of exchange in effect on the date the submissions are due. 2.6 SUBMISSION OF BID: The offers must bear your official letter head, clearly identifying your company. Bids should be submitted by e-mail and all attachments should be in PDF format. (Copies of the PDF format documents may, as an addition, be included in Excel or other formats etc.). The Technical and Financial offers shall be clearly separated. Bids must be sent by e-mail ONLY to: HQsmsbid@unhcr.org IMPORTANT: The technical offer and financial offer are to be sent in separate documents/ 2 separate e-mails. First e-mail to have the subject: tender number -name of service- Technical offer. The second e-mail to have the subject: tender number -name of service- Financial offer. Failure to do so may result in disqualification. Deadline: 26 August 2015, 23:59 hour, CET 7 IMPORTANT: Any bid received after this date or sent to another UNHCR address may be rejected. UNHCR may, at its discretion, extend the deadline for the submission of bids, by notifying all prospective bidders simultaneously. It is your responsibility to verify that all e-mails have been received properly before the deadline. Please be aware of the fact that the e-mail policy employed by UNHCR limits the size of attachments to a maximum of 6 Mb so it may be necessary to send more than one e-mail for the whole submission. Please indicate in e-mail subject field: - Bid NO: UNHCR/PMCS/2015/GOODS/MI RFP/015 - Name of your firm with the title of the attachment - Number of e-mails that are sent (example: 1/3, 2/3, 3/4). - In addition to which part is the attachment refers (Technical or Financial) UNHCR will not be responsible for locating or securing any information that is not identified in the bid. Accordingly, to ensure that sufficient information is available, the bidder shall furnish, as part of the bid, any descriptive material such as extracts, descriptions, and other necessary information it deems would enhance the comprehension of its offer. 2.7 BID ACCEPTANCE: UNHCR reserves the right to accept the whole or part of your bid. UNHCR may, at its discretion, increase or decrease the proposed content when awarding the contract and would not expect a significant variation of the rate submitted. Any such increase or decrease in the contract duration would be negotiated with the successful bidder as part of the finalization of the Purchase Orders for Services. UNHCR may, at its discretion, extend the deadline for the submission of bids, by notifying all prospective suppliers in writing. The extension of the deadline may accompany a modification of the solicitation documents prepared by UNHCR at its own initiative or in response to a clarification requested by a prospective supplier. Please note that UNHCR is not bound to select any of the firms submitting bids and does not bind itself in any way to select the firm offering the lowest price. Furthermore, the contract will be awarded to the bid considered most responsive to the needs, as well as conforming to UNHCR’s general principles, including economy and efficiency and best value for money. 2.8 CURRENCY AND PAYMENT TERMS FOR PURCHASE ORDERS Any Purchase Order (PO) issued as a result of this RFP will be made in United States Dollars. In the event of a different currency, then the existing or current United Nations official rate at the time of the award shall apply. Payment will be made in accordance to the UNHCR General Conditions for the Purchase of Goods and Services. Payments shall only be initiated after signing of the contract between the winning bidder and UNHCR, upon delivery of the specified works and services. 8 9 TECHNICAL SPECIFICATION DESIGN, PROCUREMENT, INSTALLATION AND MAINTENANCE OF PHOTOVOLTAIC SOLAR POWER PLANT AT AZRAQ REFUGEE CAMP July 2015 GENERAL SPECIFICATION 1. The contractor shall quote for the complete design, supply, installation, training of local staff and commissioning of photovoltaic solar power plants in Azraq Refugee Camp, as outlined in the specification below. Azraq camp is located at 32°54’33”N; 36°35’10”E. 2. The current objective is to complete a photovoltaic solar power plant with total combined nominal power output of 6,012kWp. The project will be implemented in separate phases over a period of 3 years. 3. The implementation is foreseen in six phases, each of which shall have a nominal power output of 1,002kWp and will be independent of all other phases. (i.e. each phase will have its own net metering equipment, transformer, connection to EDCO grid etc.) . Nevertheless, the actual size of each phase will depend on available funding and local requirements, therefore phases may be larger or smaller than 1,002kWp. No phase shall be smaller than 0.5MWp and could range in size up to a maximum of 1.5MWp. Separate purchase orders shall be issued for each individual phase, depending on the available funds. The UNHCR does not guarantee to issue purchase orders for any minimum amount or for a minimum number of phases. 4. The contractor shall submit a proposal for the installation of a photovoltaic solar power plant with a nominal power output of 1,002kWp which will be used as a base for the purchase orders of each and every phase of the project depending on funds availability. 5. The solar power plant will be grid-connected via net metering agreements with the local electricity distribution company EDCO. 6. The solar power plant installation shall include but is not limited to support structures, foundations and fixings, PV modules, inverters, control systems, circuit combiners, switchgear, metering equipment, transformers and cabling. 7. The contractor’s complete design shall be submitted along with the quotation to the UNHCR. This design shall include all drawings, equipment and material specifications, in addition to methods of installation, training plan and project programming for each element of the installation. 8. The contractor shall provide details of the manufacturer and the technical specifications for each item of equipment included in the design and quotation. This shall include separate details for all components parts of each installation. Please provide only one manufacturer/supplier for each item of equipment which shall be used as the minimum standard for the installation. 9. All designs, installation works and equipment shall comply with local and international regulations and standards including the laws of the Energy and Minerals Regulatory Commission, the Ministry of Energy and Mineral Resources, local authorities and the standards of the International Electro-technical Commission (IEC). The Contractor shall include for all necessary equipment, materials and work practices in order to comply with these standards and regulations, even where not precisely specified in this outline specification. 10. All designs must be agreed with the UNHCR Project Manager prior to commencement of the contract. Notwithstanding this agreement, the contractor shall be responsible for all design works and ensuring that all installations function correctly in accordance with these designs. The contractor shall be responsible for any systems that do not function correctly as a result of improper design and/or improper workmanship. 11. All installations shall be designed and installed to facilitate inspection, cleaning and maintenance and to ensure continued operation under conditions prevailing at the site, and under such voltage and load variations encountered in operating the systems. 12. All equipment shall be suitable for use from -5°C to 40°C and all external equipment shall be IP65-rated. 13. Any changes to these designs and specifications during the contract works shall be agreed with the UNHCR representative prior to the commencement of these installations. No payments shall be made for any additional works or changes to any aspect of the contract without prior written agreement. 14. Precise locations of all equipment shall be agreed on site with the UNHCR Project Manager prior to installation. 15. The contractor shall supply and erect all necessary work signs, fencing, warning signs, lighting, safety barriers etc. required to ensure the safety of the public and workers on the site. 16. The contractor shall include for full site investigations in their system designs, including route surveys, ground testing, geo-technical, hydrological and any other testing necessary to properly design and complete the installations. The contractor shall be responsible for any difficulties encountered in site conditions that could reasonably have been foreseen or investigated. 17. All working methods employed and all plant and apparatus under this contract shall be subject to approval by the UNHCR. 18. The Contractor shall include for all associated civil and construction works necessary for the complete installation of all equipment, including but not limited to excavations, concrete works, backfilling, earth ramming, foundations, building alterations and repairs. Pricing, designs and specifications for these works shall also be fully detailed in the quotation. 19. The contractor shall be responsible for ensuring that all areas of the site are left in the same condition as prior to the commencement of these works. 20. Water is not available on site and the contractor shall provide an adequate water supply for all installations. 21. The contractor shall maintain respect for all residents and workers in the camp. Legal action may be taken against the contractor should they threaten, coerce or otherwise behave in a manner which negatively affects the refugee population. 22. Should any incidents arise within the site that affects the work of the contractor, the contractor shall first advise the UNHCR for resolution of the issue. Should any serious incidents arise which could result in the injury of persons or damage to property, the contractor shall contact the Syrian Refugee Affairs Directorate (SRAD) and UNHCR immediately. The UNHCR will contact the Syrian Refugee Affairs Directorate, (SRAD) UNHCR’s primary government counterpart in Azraq if necessary. 23. The UNHCR reserves the right to assign individual contracts to separate parts of the works or to omit any section of the works detailed below from the overall contract. The UNHCR is not bound to accept any tender or to award a contract to the lowest bidder. 24. The UNHCR may receive donations of specific items of equipment (e.g. transformers, inverters, solar modules). The contractor shall agree to accept these items supplied by UNHCR for installation as part of the contract, provided the equipment is of a suitable, approved standard and does not affect the integrity of the operation of the overall system. This shall be agreed in advance prior to the issue of any purchase orders. 25. Following the RFP process, the UNHCR will present the selected contractor with copies of Government permissions to use the land for the purpose of constructing and operating a solar power plant on this specific site within the refugee camp. 26. Specific contract details regarding penalties, incentive payments, programming, delays, bank guarantees, advance payments etc. shall be agreed at a later date. The contractor should highlight any concerns in this regard in their tender submission. REFUGEE AND LOCAL LABOUR The Contractor might employ workers from the refugee population within the camp to carry out the installations and in maintenance operations. The contractor might also employ workers from the local area – i.e. Azraq Town. There are many qualified electricians, engineers, builders and labourers living in the camp and suitable workers might be selected by cooperation between the UNHCR and the contractor. Candidates for skilled positions shall be subject to tests and interviews to evaluate their level of expertise. In case the Contractor decides to employ refugees, the following minimum wages are to be taken into consideration: Unskilled labourers shall be paid 1 Jordanian Dinar per hour; skilled labourers 1.5JD/hour and qualified tradesmen/professionals shall be paid 2JD/hour. Unskilled labourers shall be alternated every month to allow work opportunities for the maximum number of people in the camp. Local labourers and electricians shall be paid at normal national rates. TRAINING PROGRAM The contractor shall undertake to train 20 skilled labourers in the installation, operation and maintenance of solar PV plant and equipment each year. Each person should receive certification for successfully completed training. Contractor is to propose a training plan of labourers as part of the technical proposal ENVIRONMENTAL CONSIDERATIONS All packaging and wastes associated with the installations shall be carefully disposed of in accordance with the laws or Jordan. The contractor shall be responsible for ensuring that waste materials, packaging, and any other items associated with these installations, do not get blown or otherwise distributed around the site. They shall also be careful not to create excessive dust or debris in any area. Any costs incurred in cleaning wastes or debris generated by the contractor shall be charged to the contractor. The contractor shall be responsible for repairing and/or replacing anything which has been damaged by the contractor or their sub-contractors within the site. They shall also be responsible for the cleaning of any debris, wastes or other items created during these works. PREVIOUS PROJECT EXPERIENCE 1. The contractor shall submit details of previous similar projects completed by the contractor (and for any proposed subcontractor), outlining the suitability and capacity of their operation to carry out these works. The Contractor shall also provide details of the experience and qualifications of the key personnel proposed for the project. 2. The contractor must have completed at least two solar photovoltaic power generation plants with single project size of 10MWp or greater, which must be in operation for at least 2 years, and at least 1MW project in the region, preferably in Jordan. 3. The contractor must have experience in the operation and maintenance of a solar power plant of minimum 10MWp for at least 2 years. 4. The Contractor must have a registered operation in Jordan or an established partnership with suitable Jordanian sub-contractor/implementation partner. 5. Any local subcontractor/ implementation partner proposed by the contractor, must be in operation for a minimum of 2 years in the supply, installation and maintenance of solar PV systems or related systems (MEP, solar thermal )within Jordan, and preferably also within the region. 6. The contractor and or sub-contractor must have adequate full-time employees with demonstrated relevant experience and expertise to implement this solar PV project. They should be registered with the social security corporation and minimum number of 5 staff registered with the Engineering Association. 7. The contractor and/or subcontractor must have a single solar PV project of minimum size 5MW for which they have taken through the required government, Electricity and Minerals Regulatory Commission, National Electric Power Company and/or electrical distribution company approval processes in Jordan. The contractor shall provide an outline of the steps required to obtain all necessary permissions and approvals for the solar power plant. EDCO CONNECTIONS APPROVALS AND APPLICATIONS PROCEDURE 1. The Contractor shall allow for connecting the solar power plant to the Electricity Distribution Company (EDCO) 33kV grid which runs from the Azraq highway along the main service ring road in the camp. This shall include all necessary junctions, transformers, insulators and any other items required by EDCO to facilitate these connections. 2. All equipment to be supplied and installed by the contractor in the power plant shall be subject to approval by EDCO. The contractor shall confirm that their proposed equipment meets EDCO minimum standards. 3. All necessary permits, load impact studies, environmental impact studies, geo-structural surveys, and any other required studies, certificates and licences shall be organised and coordinated by the contractor as part of this project. These shall be detailed in the contractor’s offer and separately priced in the BOQ. All fees payable to EDCO shall be made by the UNHCR, all other charges shall be paid for by the contractor. 4. The contractor shall provide details of the steps required in this process and any evidence of previous experience in taking a Solar PV project through this regulatory process. 5. BILL OF QUANTITIES The Contractor shall prepare a complete Bill of Quantities (BOQ) for a phase of 1MW detailing all individual items necessary to carry out the installations. A sample BOQ is provided as Annex C of the Tender. Contractor shall provide the reviewed and completed BOQ by adding items which are deemed necessary (if any) and removing item which are deemed unnecessary (if any). The BOQ shall be submitted the following way: The first BOQ for a complete phase of 1 MW has to be submitted as part of the technical proposal. It has to include all the items, goods and services that are needed for the turnkey construction of a phase of a single1 MW solar PV power plant. This first BOQ shall not contain any price information since it will be considered for the technical evaluation of the proposal only. Second BOQ for a complete phase of 1 MW has to be submitted as the Financial Offer. The second BOQ shall be identical to the first BOQ with the addition of all pricing information. Individual prices shall be shown for all separate items of equipment in calculating the totals. Unit rates shall be deemed to include all direct and indirect costs. The item costs, labour and overheads should be separately detailed in calculating the total for each item. The contractor shall provide full details of all insurances and any other expenses necessary to complete the installation of a 1 MW power plant. The contractor shall include for the operation and maintenance of a 1 MW power plant and shall separately price for the first 2 years of operation, maintenance and security of this power plant as detailed in the BOQ. The contractor shall also include cost of training of 20 people each year in in the installation, operation and maintenance of solar PV plant and equipment, as outlined in the refugee & local labour section above. These costs will be added to the Financial Offer (BOQ with pricing information) and will be considered as the final, all inclusive turnkey price offered by the contractor. That will be the contractor’s final price to be considered for the financial evaluation! Prices in the BOQ will be used in as a basis for any purchase orders for each and every phase of the project should UNHCR decide to issue purchase orders. The contractor shall allow for 5% of the value of the works to be retained by the UNHCR for 1 year after completion of the works as a guarantee against faulty equipment or poor workmanship. Should any equipment require replacement or repair during this time, the costs shall be deducted from this retention amount. REMINDER: The Bill of Quantities without pricing information shall be submitted as part of the technical proposal. NO INFORMATION REGARDING PRICING SHALL BE INCLUDED IN THE TECHNICAL SUBMISSION. TECHNICAL SPECIFICATION OF WORKS 1.0 SYSTEM DESIGN The contractor shall provide all design calculations for the output of the proposed installation. This shall include the following: ï‚· Solar irradiation at the site, detailing the average and monthly the Global Horizontal Irradiance and Direct Normal Irradiance ï‚· Output of each module and total number of modules required ï‚· Module type, performance specifications and warranties ï‚· Mounting arrangements, inclination and orientation of modules ï‚· Area of land required for total installation of 6MWp ï‚· PV system losses ï‚· Electrical system losses ï‚· Temperature co-efficients ï‚· Total Energy Produced ï‚· Performance Ratio ï‚· Total Energy output in kWh to EDCO grid per year for power plant with nominal power output of 1,002kWp. 2.0 EQUIPMENT HOUSING AND SUPPORT STRUCTURES 2.1The contractor shall supply and install all support structures or housings necessary for the installation of PV modules, transformers, inverters, switchgear and all other items of equipment necessary to complete the installation. 2.2This shall include all necessary concrete bases, support pads, building constructions, weatherproofing, access etc. including all excavations, backfilling and making good of the site. 2.3The contractor shall submit design drawings and specifications for all buildings, support structures, bases, and connections with the quotation. 2.4The contractor shall provide a minimum warranty of 10 years on the support structure. 3.0 TRANSFORMERS 3.1 The contractor shall supply and install all transformers necessary for the connection from the PC plant to the 33kV electrical network located along the Main Service ring road, close to the SRAD main building. This shall include all mountings, fittings, bushings, taps, connectors, glands, insulators, terminals, rating plate, 33kV switching devices and lightning arrestors. Transformers shall be connected to the 33kV overhead line by means of 33kV fuse switches. 3.2 Transformers shall be liquid filled, low loss units capable of continuous operation in outdoor location with temperatures between -5°C and 40°C. 3.3 The transformers shall be located within the perimeter fencing of the solar power plant with any support structures / foundations etc. to be supplied and installed by the contractor, as approved. 3.4 The contractor shall provide full specification sheets and certificates, including details of the rated reactance, no-load and full-load losses, temperature rise, winding resistances, insulation characteristics, efficiencies, regulation and impedance. 3.5 The contractor shall also provide drawings detailing the transformer, cabling and switchgear installation layouts including all necessary support steelwork etc. 3.7 Transformers shall be located as close to the load as possible to minimise distribution losses. Exact transformer locations will be as approved on site. 3.8 The neutral point of transformer should be connected to earth by not less than two separate and distinct connections with its own earth electrode. 3.9 The transformer shall be free from abnormal hum or vibration. The design shall be such as not to cause any undesirable interference with radio or communication circuits. 3.10 The Contractor shall provide details of quantities and pricing for the supply and installation of each type and size of transformer proposed. 4.0 CABLING 4.1The Contractor shall design, supply and install all cabling and connectors, including all supports, fittings, terminators, junctions, connectors, shackles, support stays, clamps, insulator strings and any other items necessary to complete the installation. 4.2Cabling shall be sized to minimise voltage drop and losses in the system and in order to properly the balance the loads across the system. 4.3Design drawings shall clearly show cable routes, types and sizes for each section of the installation. Technical specifications and standards certificates shall be provided for all elements of the installation including current ratings, short circuit ratings, maximum resistances, reactance, impedance, capacitance, maximum charging currents, withstand ratings, neutral earthing arrangements and mechanical properties. 4.4The Contractor shall also detail the installation methods to include phase rotation, conductor stringing, tensioning, sagging, joints, steelwork and pole numbering system. 4.5The contractor shall design and install the cabling system to withstand the climatic conditions with temperature ranges from -5°C to 40°C and winds up to 140kmh. All low voltage cabling shall be in accordance with IEC 60085/IEC 60228 / IEC 60502. 4.6All cable sizes, specifications and routes shall be agreed onsite with the UNHCR Electrical Engineer prior to installation. 5.0 INVERTERS 5.1 The contractor shall supply and install all necessary inverters for the correct operation of the system and which allow for future expansion of the PV power plant in phases. This shall include all foundations, supports, housings and enclosures with all necessary cooling and dust protection equipment. The contractor shall also include for all ancillary cabling, switchgear, metering etc. necessary for the installation of the system. 5.2 The contractor shall provide details of the following characteristics for each inverter: ï‚· Max input power ï‚· Max output power ï‚· Efficiency Rating ï‚· Protection features ï‚· Voltage, current and power ratings ï‚· Communication capabilities ï‚· Operating parameters ï‚· Controls and displays ï‚· Standards and certificates 5.3 The Contractor shall provide all controls for the operation of the inverters. This shall include master-slave with rotating-master functions for multiple inverters at varying PV outputs. 5.4 The contractor shall supply install and commission a system to allow the remote monitoring of system performance via internet/4G connection. 5.5 The contractor shall include a weather station to monitor wind speed, insolation, ambient temperature and module temperature. 6.0 DISTRIBUTION BOARDS AND SWITCHGEAR 6.1 The contractor shall supply all distribution boards and switchgear necessary for the protection of cabling and equipment within the solar power plant installation in accordance with IEC 62271 and IP65-rated. This shall include for all necessary supports, steelworks, concrete etc. to properly complete the installation of these boards and connecting cabling. 6.2 Design drawings shall clearly show distribution board locations with separate detailed drawings for each board in each section of the installation. Technical specifications and standards certificates shall be provided for all boards including voltage and current ratings, insulation levels, withstand voltage and current ratings, short-circuit current ratings, busbar capacities and earthing. Specifications shall also be provided for all switchgear within each distribution board, detailing all compulsory rated characteristics, 7.0 EXTERNAL SECURITY LIGHTING 7.1The Contractor shall design and install a complete public lighting system with LED luminaires in the Solar PV compound for the security of the installation. 7.2This shall include all necessary poles (see above), supports, fittings, connections, switchgear and cabling necessary to complete the lighting installation. Materials shall be corrosion resistant for the life of the complete system (i.e. 10 years). All parts shall be suitable for the conditions of the site in which they shall be installed. 7.3The contractor shall provide a minimum warranty of 10 years for supports, fittings, housings etc. and 1 year warranty for luminaire components. 7.4The Contractor shall provide a complete design for each system with their quotation. This shall include all drawings detailing pole and lamp position, minimum lux levels in each area, and also, specifications of lamp performance, colour temperature levels, photometric charts and standards compliance certificates for each lighting system. 7.5Pricing shall detail the individual costs of each type of light fitting, lighting controls, cabling, poles and labour. 7.6The contractor shall supply and install smart astronomic electronic time switches for the control of the public lighting circuits. These shall be 365-day programmable timers with USB port for uploading, downloading and transferring of control programs, and shall be mounted within the distribution boards. 7.7 The lamps shall be installed at a minimum height of 5m above ground level. 8.0 STORAGE, WC’s AND SECURITY 8.1 There are no storage areas provided within the camp for equipment, tools, offices etc. The contractor shall allow for the supply and installation of all necessary rub halls, office caravans, WC’s, electrical connections etc. close to the main SRAD Police location marked PS on the drawing. Exact locations will be agreed on site. 8.2 The contractor shall also allow for the supply and installation of fencing and gates around these storage areas. 8.3 The contractor shall store all tools, equipment, vehicles etc. at this location and shall also locate any administrative personnel, offices etc. at these points. The contractor shall also allow for providing security for all property and personnel at these locations to protect their property. 8.4 The UNHCR shall not be responsible for any damage, theft or other security issues arising at these storage areas and the contractor shall liaise directly with the SRAD should any assistance be required in this regard. 8.5 The contractor shall indicate the approximate area required for storage, vehicles and administration buildings. 8.6 The Contractor shall be responsible for organising all necessary permissions to enter the site from the Syrian Refugee Affairs Directorate (SRAD), Amman for the duration of the contract. This shall include access passes for vehicles, equipment, personnel and all other items necessary to complete the contract. 9.0 EARTHING 9.1 The contractor shall design and install a complete earthing & grounding system for the complete solar PV installation. 9.2 The contractor shall test the earthing system according to EN 50522 to prove that touch and step voltages do not exceed the values given in EN 50522. 10.0 SITE FENCING 10.1 The Contractor shall supply and install perimeter fencing to surround and secure the complete solar power plant and all associated equipment. 10.2 This shall include all necessary foundations, fixings, supports and access gates to facilitate the operation and maintenance of the plant. 10.3 The contractor shall provide specifications and working drawings for the proposed fencing installation and for the complete site layout, indicating locations of all items of equipment. 11.0 OPERATION AND MAINTENANCE 11.1 The contractor shall include the cost for the operation and maintenance of a 1 MW power plant and shall separately price for the first 2 years of operation, maintenance and security of this power plant. The contractor might employ local and refugee labour in the operation and maintenance of the plant. 11.2 Equipment damaged during this period as a result of improper operations, inadequate maintenance or poor security measures shall be replaced or repaired by the contractor at their expense. 11.3 The contractor shall detail all personnel requirements, security measures, scheduled equipment replacements, maintenance schedules and operational procedures for each year. 11.4 The contractor shall include a guarantee of annual minimum energy output for the PV power plant quoted. Any shortfall in output below this guaranteed minimum shall be paid by the contractor to the UNHCR at rates charged by EDCO per kWh at the time of the shortfall. This minimum energy output shall be detailed by the contractor in their proposal by completing the table below : Size of PV Plant Total energy output in kWh to EDCO grid per year Guaranteed minimum annual output to the EDCO grid (kWh) 1,002kWp 12.0 TESTING AND COMMISSIONING 12.1 The contractor shall test and commission each and every completed phase, including all individual items of equipment within the system, providing certificates for each item. 12.2. The contractor shall also allow for any independent testing and commissioning of the system for each and every phase of the plant, as required by EDCO or MEMR. 12.3 The Contractor shall supply as built drawings, specifications and operation guides for each and every phase of the project. General Reception Center E E1 Protection E2 Parking for Rec+Hospital H l pe pi e in RD2 149000 Education C D T1 Public Parking Civil Defense Darak Transformer P Police Post PS Police Base &SRCD U-A Adolescent Friendly Space U-P Play ground U-I Informal Education U-CT Child protection rubhall U-S School U-R Recreational Area M-FG Male Football Ground F-FG Female Football Ground Z1-3 Zain Tower Mosque Mq box culvert Child Friendly Space U-MP Multi purpose Area CP Community Police box culvert U-C D FG Football Ground GY GYM C1-12 Police Umbrellas Electric Cable Dyke Line W Electric pole B ER AT W AI M N Em C12 y c en xit g E er Main electric pole H IGH WAY Culverts Area for tree planting C2 Solar Power Plant d# 2 eR C3 G Visito r's Are a 20 Bail ou t 12 10 11 20 Area 10 20 Block 6 1 Bloc k S17 S24 S2 S10 S11 S18 S25 S12 S19 S7 S8 S13 S14 S21 S15 S22 S15 S4 Shade 12mx20m S5 S18 S6 S14 S3 S17 S4 S5 S27 S19 S6 S9 S7 S29 S11 S13 S7 S20 S20 Drainage S1 Drainage S1 S2 30 S3 S8 S16 S23 S1 S9 S17 S24 S2 S10 S18 S25 S3 S11 S4 S5 S6 S7 S8 S12 S19 S13 S20 S14 S21 S15 S22 S26 17 S8 S14 S10 S12 S2 S9 S10 S3 S16 S4 S17 12 S4 S27 S28 S29 S6 S19 S12 S13 400 or 30 0 mm dia culve x 2 rts S11 S13 U-A IMC 8 Blo 9 ck 1 Bloc U-A Blo Pro p field osed Loc socc atio e nN r o.1 Blo ck 2 FG Blo ck 1 S28 S29 S30 S11 S4 S5 S18 S12 S19 S6 Blo 2 ck 3 U-A B3 ck 9 2 ck 1 3 B5 4 4 6 U-I E 5 B 25.33 5 D Blo C J/J7 ck 1 I6 IRC F MOH F5 Health Post-Village 5 F6 F3 F7 Health Post-Village 6 Health Post-Village 3 Health Post-Village 7 CS Community Center (4) WF Women Friendly Space FPD Family Protection Department 1026.92 1015.90 ACTED G Hospital 1027.66 Blo #2 H 5 A 5 Blo FG Blo 3 Block 5 Rd Block 19 e ck 1 1 boun dary 4 ck 1 0 cou rse Blo base 4 Mo sque Wa ter Tank 1018.29 Sta lls x4m B2 Block 4 28 6m S26 S27 S28 Blo U-I Blo ck 5 S23 S24 S25 S20 S21 S22 1018.64 vic r Se Block 17 Shad 12mx e 20m S13 S14 S15 Pro p field ose s Loc occe atio r n F1 6 Blo Stall s x4m FG S26 S27 30 6m ck 8 U-MP Bloc k 10 k 13 4 .89 267 S20 S21 S22 S16 S17 ck 1 Block Bloc k9 Bloc Blo ck Blo ck 7 3 Block k8 Bloc Block 5 Block 15 S14 S9 Blo k2 Bloc 7 4 Block 11 Block 14 S8 S10 S7 Block 16 S23 S24 S25 S1 S8 Block 18 Shad 12mx e 20m E S16 S17 S18 S19 FENC CE S9 S10 S11 S12 S13 1030.84 S2 S3 S4 S5 S6 S7 1 Villa ge VI S32 IV Stall s x4m Protection+CS Health Block 3 S31 32 6m U-A ge S29 S30 S24 S25 S15 NRCWORKSHOP S22 S23 S16 S17 S2 F cours e bo unda Shad ry S26 12mx e 20m S27 S28 S15 S8 S9 S3 J/J5 S21 S14 S1 3 4 S18 S19 S20 S6 S7 3 n 1016.61 J/J6 base S10 S11 S12 S13 Block 8 Village V ai M E 2 94.14 S1 S2 S3 S4 S5 lla 2 U-A 3 IYC F Vi 1 D ice rv Se ock Bl 2 C9 U-s G 998.75 3 1 R C k2 oc CP D Ad m UN in HC R Bl A U- C NR 2 CE FEN CE FEN B k7 oc Bl 1 C ing 997.97 0 C1 146000 C A U-C DR11 k6 B 1 3 4 Wadi R H U-K FEN U-C 2 R G FG oc Bl 2 F A/A2 B Waste water treatment planet 1 k1 U-C 1 A H R J/J4 oc A 1 p G E J1 Bl Bloc k F D U-P k1 Bloc U-C Sludge station 1001.80 1 k 17 D SL U-I NRC ck 1 A C Blo ck 1 U- U-I FCA CP Block 6 I5 IRC I Block 12 U- Way Bridge Area 2 Bloc k 15 IYC F B U-R NRC Bloc U-R FG A FG U-C Blo GY GY C FG Ring A U-s WB Water well k 11 Drainage Wash office L Main Rd # Service 3 9 Mosque Infant and Young Child Feeding Admin UNHC R S7 S20 S9 6mx4m IYFC L U-C S14 S6 S7 S11 14 Stalls S5 S18 S5 Drainage Wadi S16 S17 S18 S6 S19 S28 S12 S13 S9 S10 S11 S2 S16 S3 S26 S20 S8 S1 S14 S12 S8 S10 S16 S23 S1 S9 S5 U-P S4 U-A S3 NRC Water Storage Location New Pipe Line 1008.77 C S2 J1-8 Distribution Center G k7 D S1 Bore hole location Water Tap Stand T3cCC Bloc 2 A2 U-A ing R i Wad E Z2 k3 u-m p B11 SL WFP Market Informal Market D Bloc U-C CP ZRAQ C 6 3 U-I R lantin g 3 3 3 for p F Blo ck U-C Block 11 U-CT P E 3 3 Area C4 Rd #1 M/M1-6 K C5 k2 Block 5 Block 4 Block 3 Block 12 Village II R F1 WF IYC F Mq Villag e III B A 995.48 147000 Hospital I2 IRC 3 U-A ion ecept F 3 ark PS 1018.00 Cente house Ware a Are Hospital Rd r Rd / WV D ACTE Parkin AYTO A Offices THW g Public Ro Main Se Offices 2 2 Canteen ad 1 RD2 rvice Offices C WFP B9 Offices Parking HIGHW RD3 Offices THW THW NRC 2 O Area 0 NRC NRC ACTED U-P nees' ck 1 F Retur k5 IMC 12 13 14 SRAD Care NRC WFP IMC NRC Area Blo ck SRAD NRC NRC NRC J/J1 1 Block 15 R 4 Block 1 R UNHC C U-A-IM P 20 Waiting A/A1 U-I Block 10 UNHC R UNHC R Admin UNHCR 3 Block 1 UNHC R 1 U-C Block 9 UNHC R C Block 8 UNHC 1 1 Block 7 D ACTE R UNHC R UNHC 4 ORMER TRANSF - existing) (250 KVA C 12 10 1019.48 EF R.I. UNIC Mainro Post Propsed Camp a Base re sion A Exten g Rd p Rin m a C A Base P Police Block 1 B rance ad Ent 12 Mar k e t Ring 50 Block 2 Area Wash Food Return Bus Parkin g 12 20 Waiting 50 Replenishment site Public Parkin g Bloc F E D B J/J2 e Rd ck 6 Ma in S A C C11 m Buffer zone 50 1002.53 Rd #1 Main Service Bloc erv ic 1pc Gas filling point (N 301 293 E147 516) Public Entran c P Bloc k 148000 G R B10 U-P 65 145000 40 6 10 93.56 U-s E K CP U-P B11 U-A U-P E J/J U-A U-A 1020 Z2 1019.90 1032.18 C8 1015 6 D 9 C7 Scale 200 m 200 m 200 m 200 m N 200 m Azraq Refugee Camp Master Plan 144000 Design by : WERNER/NGENDRA/ Mais Drawn By: Nagendra/ Mais / Ru'a W E 304000 303500 303000 302500 302000 301500 301000 300500 300000 299500 299000 298500 298000 297500 297000 143500 296500 Update Date:16 April , 2015 S ANNEX C - UNHCR SAMPLE BILL OF QUANTITIES (BOQ) FORM FOR A PHASE OF 1 MW AZRAQ REFUGEE CAMP - SOLAR PV PROJECT When completing the below BOQ, please add or remove any items in Section 1 only, which you deem necessary or not necessary for your technical proposal, however you must keep the below structure of the BOQ. Financial Offers submitted using a different format may not be considered Item S E C T I O N 1 Description Unit cost Quantity Total Item Cost Labour Overheads Total Cost 1 Application & approvals process $0.00 $0.00 $0.00 $0.00 $0.00 2 Site set up, security etc. $0.00 $0.00 $0.00 $0.00 $0.00 3 Site Preparation for installations $0.00 $0.00 $0.00 $0.00 $0.00 4 Support Structures for PV modules $0.00 $0.00 $0.00 $0.00 $0.00 5 PV Modules $0.00 $0.00 $0.00 $0.00 $0.00 6 PV Module mounting and fixing $0.00 $0.00 $0.00 $0.00 $0.00 7 Cabling of PV modules $0.00 $0.00 $0.00 $0.00 $0.00 8 Inverters $0.00 $0.00 $0.00 $0.00 $0.00 9 Switchgear $0.00 $0.00 $0.00 $0.00 $0.00 10 Enclosures for inverters & switchgear $0.00 $0.00 $0.00 $0.00 $0.00 11 Transformers $0.00 $0.00 $0.00 $0.00 $0.00 12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 14 Transformer support structures Cabling and connections of inverters, switchgear and transformers 33kV cabling systems $0.00 $0.00 $0.00 $0.00 $0.00 15 Controls & communications $0.00 $0.00 $0.00 $0.00 $0.00 16 Cooling & ventilation systems $0.00 $0.00 $0.00 $0.00 $0.00 17 Weather Station $0.00 $0.00 $0.00 $0.00 $0.00 18 Earthing systems $0.00 $0.00 $0.00 $0.00 $0.00 19 Connection to EDCO grid/metering $0.00 $0.00 $0.00 $0.00 $0.00 20 Testing and commissioning $0.00 $0.00 $0.00 $0.00 $0.00 21 Fencing (in metres) $0.00 $0.00 $0.00 $0.00 $0.00 22 Light Poles $0.00 $0.00 $0.00 $0.00 $0.00 23 Concrete base for Poles $0.00 $0.00 $0.00 $0.00 $0.00 24 Light fittings $0.00 $0.00 $0.00 $0.00 $0.00 25 Lighting cabling and controls $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 SUB TOTAL Additional costs S E C T I O N 31 Total cost of Operation and Maintenance (first year of operation) $0.00 1 $0.00 $0.00 $0.00 $0.00 31 Total cost of Security (first year of operation) $0.00 1 $0.00 $0.00 $0.00 $0.00 32 Total cost of Operation and Maintenance (second year of operation) $0.00 1 $0.00 $0.00 $0.00 $0.00 32 Total cost of Security (second year of operation) $0.00 1 $0.00 $0.00 $0.00 $0.00 2 33 Cost of training of 20 labourers per year (for 2 years) TOTAL ALL Total all inclusive turnkey price of a INCLUSIVE phase of 1 MW Solar PV Power Plant $0.00 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 UNHCR VENDOR REGISTRATION FORM – (Rev. Feb 10) Section 1: Company Details and General Information 1. Name of Company: 2. Street Address: 3. P.O. Box and Mailing Address: Postal Code: City: Country: 4. Tel: 5. Fax: 6. Email: 7. WWW Address: 8. Contact Name and Title: 9. Email: 10. Parent Company (Full legal / officially registered company name): 11. Subsidiaries, Associates - name, city, country (attach a List if necessary): 12. International Offices/Representation (Countries where the Company has local Offices/Representation): 13. Type of Business (Mark one only): Corporate/ Limited: Partnership: Other (specify): 14. Nature of Business: Manufacturer: Authorised Agent: Trader: Consulting Company: Other (specify): 15. Year Established: 16. Number of Full-time Employees: 17. Licence no./State where registered: 18. VAT No./Tax I.D: 19. Technical Documents available in: English French Spanish Russian Arabic Chinese Other (specify) _________________ Spanish Russian Arabic Chinese Other (specify) _________________ 20. Working Languages: English French Section 2: Banking Information 21. Bank Name: 22. Branch Name: 23. Branch Address: 24. Tel. number: 25. Fax number: 26. Bank Account Number: 27. Account Name: 28. Account currency: 29. Swift/Bank Identifier Code (BIC): 30. International Bank Account Number (IBAN): 31. Routing Bank details (if applicable): full details to be provided as per above If multiple bank accounts exist that may be relevant to UNHCR, please provide details for each account. 1 Section 3: Technical Capability and Information on Goods / Services Offered 32.. Quality Assurance Certification (e.g. ISO 9000 or Equivalent) (please provide a Copy of your latest Certificate): 33. For Goods only, do those offered for supply conform to National/International Quality Standards? Yes No 34. List below up to a maximum of ten (10) of your core Goods/Services offered: Description (one Line for each Item) National/International Quality Standard to which Item conforms Section 4: Experience 35. Annual Value of Total Sales for the last 3 Years: Year ______: USD___________ Year ______: USD___________ Year ______: USD___________ 36. Annual Value of Export Sales for the last 3 Years: Year ______: USD___________ Year ______: USD___________ Year ______: USD___________ 37. If available, please provide a copy of the company's latest annual or audited Financial Report. Please note that the latest audited financial report may be requested in case of a contract with UNHCR. Do you have outstanding bankruptcy, judgment or pending legal action that could impair operating as a going concern? Yes No If available, please provide Credit Rating by Dun and Bradstreet or equivalent: 38. Recent Contracts with the UN and/or other International Aid Organizations: Organization: Value: Year: Goods/Services Supplied: USD ________________________ USD ________________________ USD ________________________ USD ________________________ Destination: _ 39. To which Countries has your Company exported and/or managed Projects over the last 3 Years? 2 Section 5: UN Global Compact Initiative 40. Is your company aware of the UN Secretary General‟s Global Compact initiative, which can be viewed at http://www.unglobalcompact.org? Yes No If yes, have you signed up to this initiative or are you going to sign up to? Please state: Section 6: Environment 41. Does your Company have a written Statement of its Environmental Policy? (If yes, please attach a Copy) Yes No 42. Write down the name, qualification and contact details of your company‟s environmental focal point. Name: ______________________ Qualification: ____________ Telephone: ______________________ Email: _________________ 43. Does your organisation hold any accreditation such as ISO 14001 related to the environment? Yes No If yes, please attach a copy. Section 7: Anti Personnel Mines 44. By signing this VRF, potential vendor warrants and represents that neither it, its parent entities (if any), nor any of its subsidiary or affiliated entities (if any) is engaged in the sale or manufacture, either directly or indirectly, of anti-personnel mines or any components produced primarily for the operation thereof. Please confirm by answering Yes or No below. Yes No Any breach of this clause may lead to the termination of all contracts your Company may have with UNHCR and removal from the approved vendor database. Section 8: Child Labour 45. By signing this VRF, potential vendor warrants and represents that it is not engaged in any practice inconsistent with the Rights set forth in the Convention on the Rights of Child which 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 and physical, mental, spiritual, moral or social development. Do you agree with this? Yes No Any breach of this clause may result in the termination of all contracts your Company may have with UNHCR and removal from the approved vendor database. Section 9: Official not to benefit 46. By signing this VRF, potential vendors confirm that they have read, understood and will comply with the UNHCR policy on the “zero tolerance” that strictly prohibits the acceptance of any type of gift and/or hospitality by UN staff members participating in the procurement process. Please confirm. Yes No Any breach of this clause may lead to the termination of all contracts your Company may have with UNHCR and removal from the approved vendor database. Section 10: Others 47. Please list any Disputes your Company has been involved in with UN Organizations over the last 3 Years: 48. List any National or International Trade or Professional Organizations of which your Company is a Member. 49. Is your company already registered with the United Nations Global Marketplace (UNGM)? If so, please provide registration number. 50. Certification: I, the undersigned, hereby accept the UNHCR General Conditions, a copy of which has been provided to me, and warrant that the information provided in this form is correct and, in the event of changes, details will be provided as soon as possible: 51. Self Declaration: I, the undersigned, declare that: (a) Our company is not involved in any fraudulent or corrupt activities and has not been in the past, and is not currently under any investigation for any such activities which would render our company unsuitable for business dealing with UNHCR. (b) Our company is not on, or associated with a company or individual, groups, undertakings and entities that are on the consolidated list established and maintained by the committee established by the UN Resolution No. 1267 (www.un.org/sc/committees/1267/consolist.html). (c) Our company is not on, or associated with a company or individual that are subject to the list of Independent Inquiry Committee into United Nations Oil-for-food programme (www.iic-offp.org). (d) Our company is not currently removed, invalidated or suspended by any other UN Headquarters, or Field Offices or any other UN Agencies (including the World Bank) Name: Signature: Functional Title: Date: 3 Please mail completed form to*: United Nations High Commissioner for Refugees Supply Management Service HQSF00 Chief, Procurement & Contracts Section Ipoly utca 5a/b/c 1133 Budapest Hungary *Registration form to be returned to the relevant UNHCR Office Companies that are registered with UNHCR and that have no purchase history over three years shall beinactivated. UNHCR may require new registration documentation from suppliers in case new business opportunity appears. INSTRUCTIONS FOR COMPLETION The form should be typewritten in uppercase and completed clearly and accurately ensuring that all questions are answered. The numbers below correspond to item numbers on the registration form: Section 1: 1. Full name of company. 2. Full street address. 3. Full mailing address (including P.O. Box, if any). 4. Telephone number, including correct country and area codes. 5. Fax number, including country and area codes. 6. Email address. 7. WWW Address. 8. Provide name of person (including title) or department to whom correspondence should be addressed. 9. Provide email address of contact person. 10. Full legal name of parent company, if any. 11. Please provide, on a separate sheet if necessary, names and addresses of all subsidiaries & associates if any. 12. Please provide countries where the company has local offices or representation. 13. Please tick one box. If other; please specify. 14. Please tick one box. If other; please specify. If the company is a manufacturer of some products and a trader/agent of others which they do not manufacture, both boxes should be ticked. 15. Indicate the year in which the organization was established under the name shown in Item 1. 16. Indicate the total number of full-time personnel in the company. 17. Provide the license number under which the company is registered, or the State where it is registered. 18. Provide the VAT number or Tax I.D. of the company. 19. Please tick the boxes for which languages the company is able to provide technical documents. Please specify other languages. 20. Please tick the boxes for which languages the company is able to work in. Please specify other languages. Section 2: 21. Full name of bank. 22. Name of branch. 23. Address where branch is located. 24. Telephone number, including correct country and area codes. 25. Fax number, including country and area codes. 26. Number of the company account. 27. Name in which the account is held (important: tis should be the company name). 28. Currency of the account. 4 29. Swift code for the account. 30. International Bank Account Number (IBAN). 31. Should a routing be required for international payments, please provide full details of intermediate bank(s). Section 3: 32. List any Quality Assurance Certificates (e.g. ISO 9000 series) that have been issued to your company and provide a copy of the latest certificates. 33. Indicate whether the company's products conform to national/international standards. If yes please attach copies of the certificates. 34. Please list up to 10 of the core goods/services offered. For each item, list the National/International Quality Standard to which it conforms. Section 4: 35. Provide the total annual sales for the organization for the last 3 financial years in USD. 36. Provide the total export sales for the organization for the last 3 financial years in USD. 37. Please provide a copy of your most recent annual report or audited financial report. Please tick „yes‟ or „no‟ to reflect whether your company has any outstanding bankruptcy, judgment or pending legal action that could impair operating as a going concern? If available, provide a rating by Dun and Bradstreet or equivalent (specify which). 38. Enter the name(s) of UN organizations which your company has dealt with recently. Provide the value and the year of the contract, the goods/services supplied and the country of destination of each contract. If you have had more than 5 of such contracts, please attach a separate sheet indicating the others. Documentary evidence of such contracts may be required, e.g. copies of purchase orders. 39. List export markets, in particular, all developing countries to which your company has exported over the last 3 years. Section 5: 40. Please confirm if your company is aware of the UN Global Compact Initiatives – ten universally accepted principles of Human Rights, Labour, Environment and Anti-Corruption – by marking Yes or No. Also, please state if you have signed up to this initiative or you intend to do so. Section 5: 41. The Earth Summit, held in Rio de Janeiro in 1992, emphasised the necessity to protect and renew the earth's limited resources. Agenda 21 was adopted by 178 governments and lays an emphasis for the UN to exercise leadership, i.e. towards promoting environmental sensitive procurement policies for goods and services. Please indicate whether your company has a written statement of its Environmental Policy and, if so, please provide a copy. 42. Provide the name, qualification and contact details (e-mail and telephone) of your environmental focal point. 43. Please indicate if your organisation holds any accreditation such as ISO 14001 related to the environment. If so, please enclose copies of such certification. Section 7: 44. UNHCR expects all suppliers with whom it does business with to obey with the non-engagement in the sale or manufacture of anti-personnel mines or components utilized in the manufacture of anti-personnel mines. Please mark yes if you are in agreement and no if otherwise. Section 8: 45. UNHCR expects all suppliers with whom it does business with to obey with the non-engagement in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, the International Labour Organization (ILO) Minimum Age Convention or the Prohibition and Immediate Elimination of the Worst Forms of Child Labour Convention. Please mark yes if you are in agreement and no if otherwise. Section 9: 46. Official benefits: UNHCR adopted “zero tolerance” policy that strictly prohibits the acceptance of any type of gift and/or hospitality by UN staff members participating in the procurement process. Please confirm your acceptance by answering Yes or No if otherwise. Section 10: 47. List all disputes with UN organizations which your organization has been involved in over the last 3 years. If more space is required, please use a separate sheet. 48. Provide details of all national and international trade or professional organizations to which your company belongs. 49. UNHCR accepts UNGM-registered companies into its database, subject to submitting a hardcopy of a complete set of vendor registration form with necessary attachments. The registration number provided by UNGM should be given. 50. Please read carefully the enclosed UNHCR General Term and Conditions, as signing of the form signifies acceptance. The form should be signed by the person completing it and their name and title should be typed, along with the date. 5 51. Please sign a self declaration stating that: (a) Your company is not involved in any fraudulent and corrupt activities and has not been in the past, and is not currently under any investigation for such activities which would render your company unsuitable for business dealing with UNHCR. (b) Your company is not on, or associated with a company or individual, groups, undertakings and entities that are on the consolidated list established and maintained by the committee established by the UN Resolution No. 1267 (www.un.org/sc/committees/1267/consolist.html) (c) Your company is not on, or associated with a company or individual that are subject to the list of Independent Inquiry Committee into United Nations Oil-for-food programme (www.iic-offp.org) (d) Your company is not currently removed, invalidated or suspended by the UN Headquarters or any of its field offices or any other UN agency Headquarters or any of their field offices. 6 GENERAL CONDITIONS OF CONTRACT CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES 1. LEGAL STATUS OF THE PARTIES: The United Nations Office of the High Commissioner for Refugees (“UNHCR”) and the Contractor shall also each be referred to as a “Party” hereunder, and: 1.1 Pursuant, inter alia, to the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations, UNHCR, as a subsidiary organ of the United Nations, has full juridical personality and enjoys such privileges and immunities as are necessary for the independent fulfillment of its purposes. 1.2 The Contractor shall have the legal status of an independent contractor vis-à-vis UNHCR, and nothing contained in or relating to the Contract shall be construed as establishing or creating between the Parties the relationship of employer and employee or of principal and agent. The officials, representatives, employees, or subcontractors of each of the Parties shall not be considered in any respect as being the employees or agents of the other Party, and each Party shall be solely responsible for all claims arising out of or relating to its engagement of such persons or entities. 2. SOURCE OF INSTRUCTIONS: The Contractor shall neither seek nor accept instructions from any authority external to UNHCR in connection with the performance of its obligations under the Contract. Should any authority external to UNHCR seek to impose any instructions concerning or restrictions on the Contractor’s performance under the Contract, the Contractor shall promptly notify UNHCR in writing and provide all reasonable assistance required by UNHCR. The Contractor shall not take any action in respect of the performance of its obligations under the Contract that may adversely affect the interests of UNHCR, and the Contractor shall perform its obligations under the Contract with the fullest regard to the interests of UNHCR. 3. RESPONSIBILITY FOR EMPLOYEES: To the extent that the Contract involves the provision of any services to UNHCR by the Contractor’s officials, employees, agents, servants, subcontractors and other representatives (collectively, the Contractor’s “personnel”), the following provisions shall apply: 3.1 The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under the Contract and will select reliable and competent individuals who will be able to effectively perform the obligations under the Contract and who, while doing so, will respect the local laws and customs and conform to a high standard of moral and ethical conduct. 3.2 Such Contractor personnel shall be professionally qualified and, if required to work with officials or staff of UNHCR, shall be able to do so effectively. The qualifications of any personnel whom the Contractor may assign or may propose to assign to perform any obligations under the Contract shall be substantially the same, or better, as the qualifications of any personnel originally proposed by the Contractor. 3.3 At the option of and in the sole discretion of UNHCR: 3.3.1 the qualifications of personnel proposed by the Contractor (e.g., a curriculum vitae) may be reviewed by UNHCR prior to such personnel’s performing any obligations under the Contract; 3.3.2 any personnel proposed by the Contractor to perform obligations under the Contract may be interviewed by qualified staff or officials of UNHCR prior to such personnel’s performing any obligations under the Contract; and, 3.3.3 in cases in which, pursuant to Article 3.3.1 or 3.3.2, above, UNHCR has reviewed the qualifications of such Contractor’s personnel, UNHCR may reasonably refuse to accept any such personnel. 3.4 Requirements specified in the Contract regarding the number or qualifications of the Contractor’s personnel may change during the course of performance of the Contract. Any such change shall be made only following written notice of such proposed change and upon written agreement between the Parties regarding such change, subject to the following: 3.4.1 UNHCR may, at any time, request, in writing, the withdrawal or replacement of any of the Contractor’s personnel, and such request shall not be unreasonably refused by the Contractor. CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES REV.: JANUARY 2010 3.4.2 Any of the Contractor’s personnel assigned to perform obligations under the Contract shall not be withdrawn or replaced without the prior written consent of UNHCR, which shall not be unreasonably withheld. 3.4.3 The withdrawal or replacement of the Contractor’s personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance of obligations under the Contract. 3.4.4 All expenses related to the withdrawal or replacement of the Contractor’s personnel shall, in all cases, be borne exclusively by the Contractor. 3.4.5 Any request by UNHCR for the withdrawal or replacement of the Contractor’s personnel shall not be considered to be a termination, in whole or in part, of the Contract, and UNHCR shall not bear any liability in respect of such withdrawn or replaced personnel. 3.4.6 If a request for the withdrawal or replacement of the Contractor’s personnel is not based upon a default by or failure on the part of the Contractor to perform its obligations in accordance with the Contract, the misconduct of the personnel, or the inability of such personnel to reasonably work together with UNHCR officials and staff, then the Contractor shall not be liable by reason of any such request for the withdrawal or replacement of the Contractor’s personnel for any delay in the performance by the Contractor of its obligations under the Contract that is substantially the result of such personnel’s being withdrawn or replaced. 3.5 Nothing in Articles 3.2, 3.3 and 3.4, above, shall be construed to create any obligations on the part of UNHCR with respect to the Contractor’s personnel assigned to perform work under the Contract, and such personnel shall remain the sole responsibility of the Contractor. 3.6 The Contractor shall be responsible for requiring that all personnel assigned by it to perform any obligations under the Contract and who may have access to any premises or other property of UNHCR shall: 3.6.1 undergo or comply with security screening requirements made known to the Contractor by UNHCR, including but not limited to, a review of any criminal history; 3.6.2 when within UNHCR premises or on UNHCR property, display such identification as may be approved and furnished by UNHCR security officials, and that upon the withdrawal or replacement of any such personnel or upon termination or completion of the Contract, such personnel shall immediately return any such identification to UNHCR for cancellation. 3.7 Not less than one working day after learning that any of Contractor’s personnel who have access to any UNHCR premises have been charged by law enforcement authorities with an offense other than a minor traffic offense, the Contractor shall provide written notice to inform UNHCR about the particulars of the charges then known and shall continue to inform UNHCR concerning all substantial developments regarding the disposition of such charges. 3.8 All operations of the Contractor, including without limitation, storage of equipment, materials, supplies and parts, within UNHCR premises or on UNHCR property shall be confined to areas authorized or approved by UNHCR. The Contractor’s personnel shall not enter or pass through and shall not store or dispose of any of its equipment or materials in any areas within UNHCR premises or on UNHCR property without appropriate authorization from UNHCR. 4. ASSIGNMENT: 4.1 Except as provided in Article 4.2, below, the Contractor may not assign, transfer, pledge or make any other disposition of the Contract, of any part of the Contract, or of any of the rights, claims or obligations under the Contract except with the prior written authorization of UNHCR. Any such unauthorized assignment, transfer, pledge or other disposition, or any attempt to do so, shall not be binding on UNHCR. Except as permitted with respect to any approved subcontractors, the Contractor shall not delegate any of its obligations under the Contract, except with the prior written consent of UNHCR. Any such unauthorized delegation, or attempt to do so, shall not be binding on UNHCR. REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 2 4.2 The Contractor may assign or otherwise transfer the Contract to the surviving entity resulting from a reorganization of the Contractor’s operations, provided that: 4.2.1 such reorganization is not the result of any bankruptcy, receivership or other similar proceedings; and, 4.2.2 such reorganization arises from a sale, merger, or acquisition of all or substantially all of the Contractor’s assets or ownership interests; and, 4.2.3 the Contractor promptly notifies UNHCR about such assignment or transfer at the earliest opportunity; and, 4.2.4 the assignee or transferee agrees in writing to be bound by all of the terms and conditions of the Contract, and such writing is promptly provided to UNHCR following the assignment or transfer. 5. SUBCONTRACTING: In the event that the Contractor requires the services of subcontractors to perform any obligations under the Contract, the Contractor shall obtain the prior written approval of UNHCR. UNHCR shall be entitled, in its sole discretion, to review the qualifications of any subcontractors and to reject any proposed subcontractor that UNHCR reasonably considers is not qualified to perform obligations under the Contract. UNHCR shall have the right to require any subcontractor’s removal from UNHCR premises without having to give any justification therefor. Any such rejection or request for removal shall not, in and of itself, entitle the Contractor to claim any delays in the performance, or to assert any excuses for the non-performance, of any of its obligations under the Contract, and the Contractor shall be solely responsible for all services and obligations performed by its subcontractors. The terms of any subcontract shall be subject to, and shall be construed in a manner that is fully in accordance with, all of the terms and conditions of the Contract. 6. OFFICIALS NOT TO BENEFIT: The Contractor warrants that it has not and shall not offer any direct or indirect benefit arising from or related to the performance of the Contract or the award thereof to any representative, official, employee, or other agent of UNHCR. The Contractor acknowledges and agrees that any breach of this provision is a breach of an essential term of the Contract. 7. PURCHASE OF GOODS: To the extent that the Contract involves any purchase of goods, whether in whole or in part, and unless specifically stated otherwise in the Contract, the following conditions shall apply to any purchases of goods under the Contract: 7.1 DELIVERY OF GOODS: The Contractor shall hand over or make available the goods, and UNHCR shall receive the goods, at the place for the delivery of the goods and within the time for delivery of the goods specified in the Contract. The Contractor shall provide to UNHCR such shipment documentation (including, without limitation, bills of lading, airway bills, and commercial invoices) as are specified in the Contract or, otherwise, as are customarily utilized in the trade. All manuals, instructions, displays and any other information relevant to the goods shall be in the English language unless otherwise specified in the Contract. Unless otherwise stated in the Contract (including, but not limited to, in any “INCOTERM” or similar trade term), the entire risk of loss, damage to, or destruction of the goods shall be borne exclusively by the Contractor until physical delivery of the goods to UNHCR in accordance with the terms of the Contract. Delivery of the goods shall not be deemed in itself as constituting acceptance of the goods by UNHCR. 7.2 INSPECTION OF THE GOODS: If the Contract provides that the goods may be inspected prior to delivery, the Contractor shall notify UNHCR when the goods are ready for pre-delivery inspection. Notwithstanding any pre-delivery inspection, UNHCR or its designated inspection agents may also inspect the goods upon delivery in order to confirm that the goods conform to applicable specifications or other requirements of the Contract. All reasonable facilities and assistance, including, but not limited to, access to drawings and production data, shall be furnished to UNHCR or its designated inspection agents at no charge therefor. Neither the carrying out of any inspections of the goods nor any failure to undertake any such inspections shall relieve the Contractor of any of its warranties or the performance of any obligations under the Contract. 7.3 PACKAGING OF THE GOODS: The Contractor shall package the goods for delivery in accordance with the highest standards of export packaging for the type and quantities and modes of transport of the goods. The goods shall be packed and marked in a proper manner in accordance with the instructions stipulated in the Contract or, otherwise, as customarily done in the trade, and in accordance with any requirements imposed by applicable law or by the transporters and manufacturers of the goods. The packing, in particular, shall mark the REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 3 Contract or Purchase Order number and any other identification information provided by UNHCR as well as such other information as is necessary for the correct handling and safe delivery of the goods. Unless otherwise specified in the Contract, the Contractor shall have no right to any return of the packing materials. 7.4 TRANSPORTATION & FREIGHT: Unless otherwise specified in the Contract (including, but not limited to, in any “INCOTERM” or similar trade term), the Contractor shall be solely liable for making all transport arrangements and for payment of freight and insurance costs for the shipment and delivery of the goods in accordance with the requirements of the Contract. The Contractor shall ensure that UNHCR receives all necessary transport documents in a timely manner so as to enable UNHCR to take delivery of the goods in accordance with the requirements of the Contract. 7.5 WARRANTIES: Unless otherwise specified in the Contract, in addition to and without limiting any other warranties, remedies or rights of UNHCR stated in or arising under the Contract, the Contractor warrants and represents that: 7.5.1 The goods, including all packaging and packing thereof, conform to the specifications of the Contract, are fit for the purposes for which such goods are ordinarily used and for any purposes expressly made known in writing in the Contract, and shall be of even quality, free from faults and defects in design, material, manufacturer and workmanship; 7.5.2 If the Contractor is not the original manufacturer of the goods, the Contractor shall provide UNHCR with the benefit of all manufacturers’ warranties in addition to any other warranties required to be provided under the Contract; 7.5.3 The goods are of the quality, quantity and description required by the Contract, including when subjected to conditions prevailing in the place of final destination; 7.5.4 The goods are free from any right of claim by any third-party, including claims of infringement of any intellectual property rights, including, but not limited to, patents, copyright and trade secrets; 7.5.5 The goods are new and unused; 7.5.6 All warranties will remain fully valid following any delivery of the goods and for a period of not less than one (1) year following acceptance of the goods by UNHCR in accordance with the Contract; 7.5.7 During any period in which the Contractor’s warranties are effective, upon notice by UNHCR that the goods do not conform to the requirements of the Contract, the Contractor shall promptly and at its own expense correct such non-conformities or, in case of its inability to do so, replace the defective goods with goods of the same or better quality or, at its own cost, remove the defective goods and fully reimburse UNHCR for the purchase price paid for the defective goods; and, 7.5.8 The Contractor shall remain responsive to the needs of UNHCR for any services that may be required in connection with any of the Contractor’s warranties under the Contract. 7.6 ACCEPTANCE OF GOODS: Under no circumstances shall UNHCR be required to accept any goods that do not conform to the specifications or requirements of the Contract. UNHCR may condition its acceptance of the goods upon the successful completion of acceptance tests as may be specified in the Contract or otherwise agreed in writing by the Parties. In no case shall UNHCR be obligated to accept any goods unless and until UNHCR has had a reasonable opportunity to inspect the goods following delivery. If the Contract specifies that UNHCR shall provide a written acceptance of the goods, the goods shall not be deemed accepted unless and until UNHCR in fact provides such written acceptance. In no case shall payment by UNHCR in and of itself constitute acceptance of the goods. 7.7 REJECTION OF GOODS: Notwithstanding any other rights of, or remedies available to UNHCR under the Contract, in case any of the goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNHCR, at its sole option, may reject or refuse to accept the goods, and within thirty (30) days following receipt of notice from UNHCR of such rejection or refusal to accept the goods, the Contractor shall, in sole option of UNHCR: 7.7.1 provide a full refund upon return of the goods, or a partial refund upon a return of a portion of the goods, by UNHCR; or, REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 4 7.7.2 repair the goods in a manner that would enable the goods to conform to the specifications or other requirements of the Contract; or, 7.7.3 replace the goods with goods of equal or better quality; and, 7.7.4 pay all costs relating to the repair or return of the defective goods as well as the costs relating to the storage of any such defective goods and for the delivery of any replacement goods to UNHCR. 7.8 In the event that UNHCR elects to return any of the goods for the reasons specified in Article 7.7, above, UNHCR may procure the goods from another source. In addition to any other rights or remedies available to UNHCR under the Contract, including, but not limited to, the right to terminate the Contract, the Contractor shall be liable for any additional cost beyond the balance of the Contract price resulting from any such procurement, including, inter alia, the costs of engaging in such procurement, and UNHCR shall be entitled to compensation from the Contractor for any reasonable expenses incurred for preserving and storing the goods for the Contractor’s account. 7.9 TITLE: The Contractor warrants and represents that the goods delivered under the Contract are unencumbered by any third party’s title or other property rights, including, but not limited to, any liens or security interests. Unless otherwise expressly provided in the Contract, title in and to the goods shall pass from the Contractor to UNHCR upon delivery of the goods and their acceptance by UNHCR in accordance with the requirements of the Contract. 7.10 EXPORT LICENSING: The Contractor shall be responsible for obtaining any export license required with respect to the goods, products, or technologies, including software, sold, delivered, licensed or otherwise provided to UNHCR under the Contract. The Contractor shall procure any such export license in an expeditious manner. Subject to and without any waiver of the privileges and immunities of UNHCR, UNHCR shall lend the Contractor all reasonable assistance required for obtaining any such export license. Should any Governmental entity refuse, delay or hinder the Contractor’s ability to obtain any such export license, the Contractor shall promptly inform UNHCR in writing and consult with UNHCR to enable UNHCR to take appropriate measures to resolve the matter. 8. INDEMNIFICATION: 8.1 The Contractor shall indemnify, defend, and hold and save harmless, UNHCR, and its officials, agents and employees, from and against all suits, proceedings, claims, demands, losses and liability of any kind or nature brought by any third party against UNHCR, including, but not limited to, all litigation costs and expenses, attorney’s fees, settlement payments and damages, based on, arising from, or relating to: 8.1.1 allegations or claims that the possession of or use by UNHCR of any patented device, any copyrighted material, or any other goods, property or services provided or licensed to UNHCR under the terms of the Contract, in whole or in part, separately or in a combination contemplated by the Contractor’s published specifications therefor, or otherwise specifically approved by the Contractor, constitutes an infringement of any patent, copyright, trademark, or other intellectual property right of any third party; or, 8.1.2 any acts or omissions of the Contractor, or of any subcontractor or anyone directly or indirectly employed by them in the performance of the Contract, which give rise to legal liability to anyone not a party to the Contract, including, without limitation, claims and liability in the nature of a claim for workers’ compensation. 8.2 The indemnity set forth in Article 8.1.1, above, shall not apply to: 8.2.1 A claim of infringement resulting from the Contractor’s compliance with specific written instructions by UNHCR directing a change in the specifications for the goods, property, materials, equipment or supplies to be or used, or directing a manner of performance of the Contract or requiring the use of specifications not normally used by the Contractor; or 8.2.2 A claim of infringement resulting from additions to or changes in any goods, property, materials equipment, supplies or any components thereof furnished under the Contract if UNHCR or another party acting under the direction of UNHCR made such changes. REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 5 8.3 In addition to the indemnity obligations set forth in this Article 8, the Contractor shall be obligated, at its sole expense, to defend UNHCR and its officials, agents and employees, pursuant to this Article 8, regardless of whether the suits, proceedings, claims and demands in question actually give rise to or otherwise result in any loss or liability. 8.4 UNHCR shall advise the Contractor about any such suits, proceedings, claims, demands, losses or liability within a reasonable period of time after having received actual notice thereof. The Contractor shall have sole control of the defense of any such suit, proceeding, claim or demand and of all negotiations in connection with the settlement or compromise thereof, except with respect to the assertion or defense of the privileges and immunities of UNHCR or any matter relating thereto, which only UNHCR itself is authorized to assert and maintain. UNHCR shall have the right, at its own expense, to be represented in any such suit, proceeding, claim or demand by independent counsel of its own choosing. 8.5 In the event the use by UNHCR of any goods, property or services provided or licensed to UNHCR by the Contractor, in whole or in part, in any suit or proceeding, is for any reason enjoined, temporarily or permanently, or is found to infringe any patent, copyright, trademark or other intellectual property right, or in the event of a settlement, is enjoined, limited or otherwise interfered with, then the Contractor, at its sole cost and expense, shall, promptly, either: 8.5.1 procure for UNHCR the unrestricted right to continue using such goods or services provided to UNHCR; 8.5.2 replace or modify the goods or services provided to UNHCR, or part thereof, with the equivalent or better goods or services, or part thereof, that is non-infringing; or, 8.5.3 refund to UNHCR the full price paid by UNHCR for the right to have or use such goods, property or services, or part thereof. 9. INSURANCE AND LIABILITY: 9.1 The Contractor shall pay UNHCR promptly for all loss, destruction, or damage to the property of UNHCR caused by the Contractor’s personnel or by any of its subcontractors or anyone else directly or indirectly employed by the Contractor or any of its subcontractors in the performance of the Contract. 9.2 Unless otherwise provided in the Contract, prior to commencement of performance of any other obligations under the Contract, and subject to any limits set forth in the Contract, the Contractor shall take out and shall maintain for the entire term of the Contract, for any extension thereof, and for a period following any termination of the Contract reasonably adequate to deal with losses: 9.2.1 insurance against all risks in respect of its property and any equipment used for the performance of the Contract; 9.2.2 workers’ compensation insurance, or its equivalent, or employer’s liability insurance, or its equivalent, with respect to the Contractor’s personnel sufficient to cover all claims for injury, death and disability, or any other benefits required to be paid by law, in connection with the performance of the Contract; 9.2.3 liability insurance in an adequate amount to cover all claims, including, but not limited to, claims for death and bodily injury, products and completed operations liability, loss of or damage to property, and personal and advertising injury, arising from or in connection with the Contractor’s performance under the Contract, including, but not limited to, liability arising out of or in connection with the acts or omissions of the Contractor, its personnel, agents, or invitees, or the use, during the performance of the Contract, of any vehicles, boats, airplanes or other transportation vehicles and equipment, whether or not owned by the Contractor; and, 9.2.4 such other insurance as may be agreed upon in writing between UNHCR and the Contractor. 9.3 The Contractor’s liability policies shall also cover subcontractors and all defense costs and shall contain a standard “cross liability” clause. REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 6 9.4 The Contractor acknowledges and agrees that UNHCR accepts no responsibility for providing life, health, accident, travel or any other insurance coverage which may be necessary or desirable in respect of any personnel performing services for the Contractor in connection with the Contract. 9.5 Except for the workers’ compensation insurance or any self-insurance program maintained by the Contractor and approved by UNHCR, in its sole discretion, for purposes of fulfilling the Contractor’s requirements for providing insurance under the Contract, the insurance policies required under the Contract shall: 9.5.1 name UNHCR as an additional insured under the liability policies, including, if required, as a separate endorsement under the policy; 9.5.2 include a waiver of subrogation of the Contractor’s insurance carrier’s rights against UNHCR; 9.5.3 provide that UNHCR shall receive written notice from the Contractor’s insurance carrier not less than thirty (30) days prior to any cancellation or material change of coverage; and, 9.5.4 include a provision for response on a primary and non-contributing basis with respect to any other insurance that may be available to UNHCR. 9.6 The Contractor shall be responsible to fund all amounts within any policy deductible or retention. 9.7 Except for any self-insurance program maintained by the Contractor and approved by UNHCR for purposes of fulfilling the Contractor’s requirements for maintaining insurance under the Contract, the Contractor shall maintain the insurance taken out under the Contract with reputable insurers that are in good financial standing and that are acceptable to UNHCR. Prior to the commencement of any obligations under the Contract, the Contractor shall provide UNHCR with evidence, in the form of certificate of insurance or such other form as UNHCR may reasonably require, that demonstrates that the Contractor has taken out insurance in accordance with the requirements of the Contract. UNHCR reserves the right, upon written notice to the Contractor, to obtain copies of any insurance policies or insurance program descriptions required to be maintained by the Contractor under the Contract. Notwithstanding the provisions of Article 9.5.3, above, the Contractor shall promptly notify UNHCR concerning any cancellation or material change of insurance coverage required under the Contract. 9.8 The Contractor acknowledges and agrees that neither the requirement for taking out and maintaining insurance as set forth in the Contract nor the amount of any such insurance, including, but not limited to, any deductible or retention relating thereto, shall in any way be construed as limiting the Contractor’s liability arising under or relating to the Contract. 10. ENCUMBRANCES AND LIENS: The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the United Nations against any monies due to the Contractor or that may become due for any work done or against any goods supplied or materials furnished under the Contract, or by reason of any other claim or demand against the Contractor or UNHCR. 11. EQUIPMENT FURNISHED BY UNHCR TO THE CONTRACTOR: Title to any equipment and supplies that may be furnished by UNHCR to the Contractor for the performance of any obligations under the Contract shall rest with UNHCR, and any such equipment shall be returned to UNHCR at the conclusion of the Contract or when no longer needed by the Contractor. Such equipment, when returned to UNHCR, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear, and the Contractor shall be liable to compensate UNHCR for the actual costs of any loss of, damage to, or degradation of the equipment that is beyond normal wear and tear. 12. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS: 12.1 Except as is otherwise expressly provided in writing in the Contract, UNHCR 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 UNHCR 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. The Contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for UNHCR. REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 7 12.2 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, UNHCR does not and shall not claim any ownership interest thereto, and the Contractor grants to UNHCR 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. 12.3 At the request of UNHCR, 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 UNHCR in compliance with the requirements of the applicable law and of the Contract. 12.4 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 UNHCR, shall be made available for use or inspection by UNHCR at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to UNHCR authorized officials on completion of work under the Contract. 13. PUBLICITY, AND USE OF THE NAME, EMBLEM OR OFFICIAL SEAL OF THE UNITED NATIONS OR OF UNHCR: The Contractor shall not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with the United Nations or UNHCR, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of the United Nations or of UNHCR, or any abbreviation of the name of the United Nations or of UNHCR in connection with its business or otherwise without the written permission of UNHCR. 14. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information and data that is considered proprietary by either Party or 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”)1, shall be held in confidence by that Party and shall be handled as follows: 14.1 The recipient (“Recipient”) of such Information shall: 14.1.1 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, 14.1.2 use the Discloser’s Information solely for the purpose for which it was disclosed. 14.2 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 14, the Recipient may disclose Information to: 14.2.1 any other party with the Discloser’s prior written consent; and, 14.2.2 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: 14.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly, over fifty percent (50%) of voting shares thereof; or, 14.2.2.2 any entity over which the Party exercises effective managerial control; or, 14.2.2.3 for UNHCR, a principal or subsidiary organ of the United Nations established in accordance with the Charter of the United Nations. 1 Information and data that is considered by UNHCR as proprietary and confidential includes, but is not limited to, data pertaining to refugees and persons of concern to UNHCR. REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 8 14.3 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 UNHCR, the Contractor will give UNHCR sufficient prior notice of a request for the disclosure of Information in order to allow UNHCR to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made. 14.4 UNHCR may disclose Information to the extent as required pursuant to the Charter of the United Nations, or pursuant to resolutions or regulations of the General Assembly or rules promulgated thereunder. 14.5 The Recipient shall not be precluded from disclosing Information that is (i) obtained by the Recipient without restriction from a third party who is not in breach of any obligation as to confidentiality to the owner of such Information or any other person, or (ii) disclosed by the Discloser to a third party without any obligation of confidentiality, or (iii) previously known by the Recipient, or (iv) at any time is developed by the Recipient completely independently of any disclosures hereunder. 14.6 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. 15. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS: 15.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the affected Party shall give notice and full particulars in writing to the other Party, of such occurrence or cause if the affected Party is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The affected Party shall also notify the other Party of any other changes in condition or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in condition or occurrence, the affected Party shall also submit a statement to the other Party of estimated expenditures that will likely be incurred for the duration of the change in condition or the event of force majeure. On receipt of the notice or notices required hereunder, the Party not affected by the occurrence of a cause constituting force majeure shall take such action as it reasonably considers to be appropriate or necessary in the circumstances, including the granting to the affected Party of a reasonable extension of time in which to perform any obligations under the Contract. 15.2 If the Contractor is rendered unable, wholly or in part, by reason of force majeure to perform its obligations and meet its responsibilities under the Contract, UNHCR shall have the right to suspend or terminate the Contract on the same terms and conditions as are provided for in Article 16, “Termination,” except that the period of notice shall be seven (7) days instead of thirty (30) days. In any case, UNHCR shall be entitled to consider the Contractor permanently unable to perform its obligations under the Contract in case the Contractor is unable to perform its obligations, wholly or in part, by reason of force majeure for any period in excess of ninety (90) days. 15.3 Force majeure as used herein means any unforeseeable and irresistible act of nature, any act of war (whether declared or not), invasion, revolution, insurrection, terrorism, or any other acts of a similar nature or force, provided that such acts arise from causes beyond the control and without the fault or negligence of the Contractor. The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in areas in which UNHCR is engaged in, preparing to engage in, or disengaging from any 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. 16. TERMINATION: 16.1 Either Party may terminate the Contract for cause, in whole or in part, upon thirty (30) day’s notice, in writing, to the other Party. The initiation of conciliation or arbitral proceedings in accordance with Article 19 “Settlement of Disputes,” below, shall not be deemed to be a “cause” for or otherwise to be in itself a termination of the Contract. 16.2 UNHCR may terminate the Contract at any time by providing written notice to the Contractor in any case in which the mandate of UNHCR applicable to the performance of the Contract or the funding of UNHCR REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 9 applicable to the Contract is curtailed or terminated, whether in whole or in part. In addition, unless otherwise provided by the Contract, upon sixty (60) day’s advance written notice to the Contractor, UNHCR may terminate the Contract without having to provide any justification therefor. 16.3 In the event of any termination of the Contract, upon receipt of notice of termination that has been issued by UNHCR, the Contractor shall, except as may be directed by UNHCR in the notice of termination or otherwise in writing: 16.3.1 take immediate steps to bring the performance of any obligations under the Contract to a close in a prompt and orderly manner, and in doing so, reduce expenses to a minimum; 16.3.2 refrain from undertaking any further or additional commitments under the Contract as of and following the date of receipt of such notice; 16.3.3 place no further subcontracts or orders for materials, services, or facilities, except as UNHCR and the Contractor agree in writing are necessary to complete any portion of the Contract that is not terminated; 16.3.4 terminate all subcontracts or orders to the extent they relate to the portion of the Contract terminated; 16.3.5 transfer title and deliver to UNHCR the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the portion of the Contract terminated; 16.3.6 deliver all completed or partially completed plans, drawings, information, and other property that, if the Contract had been completed, would be required to be furnished to UNHCR thereunder; 16.3.7 complete performance of the work not terminated; and, 16.3.8 take any other action that may be necessary, or that UNHCR may direct in writing, for the minimization of losses and for the protection and preservation of any property, whether tangible or intangible, related to the Contract that is in the possession of the Contractor and in which UNHCR has or may be reasonably expected to acquire an interest. 16.4 In the event of any termination of the Contract, UNHCR shall be entitled to obtain reasonable written accountings from the Contractor concerning all obligations performed or pending in accordance with the Contract. In addition, UNHCR shall not be liable to pay the Contractor except for those goods delivered and services provided to UNHCR in accordance with the requirements of the Contract, but only if such goods or services were ordered, requested or otherwise provided prior to the Contractor’s receipt of notice of termination from UNHCR or prior to the Contractor’s tendering of notice of termination to UNHCR. 16.5 UNHCR may, without prejudice to any other right or remedy available to it, terminate the Contract forthwith in the event that: 16.5.1 the Contractor is adjudged bankrupt, or is liquidated, or becomes insolvent, or applies for a moratorium or stay on any payment or repayment obligations, or applies to be declared insolvent; 16.5.2 the Contractor is granted a moratorium or a stay, or is declared insolvent; 16.5.3 the Contractor makes an assignment for the benefit of one or more of its creditors; 16.5.4 a receiver is appointed on account of the insolvency of the Contractor; 16.5.5 the Contractor offers a settlement in lieu of bankruptcy or receivership; or, 16.5.6 UNHCR reasonably determines that the Contractor has become subject to a materially adverse change in its financial condition that threatens to substantially affect the ability of the Contractor to perform any of its obligations under the Contract. 16.6 Except as prohibited by law, the Contractor shall be bound to compensate UNHCR for all damages and costs, including, but not limited to, all costs incurred by UNHCR in any legal or non-legal proceedings, as a result of any of the events specified in Article 16.5, above, and resulting from or relating to a termination of the REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 10 Contract, even if the Contractor is adjudged bankrupt, or is granted a moratorium or stay or is declared insolvent. The Contractor shall immediately inform UNHCR of the occurrence of any of the events specified in Article 16.5, above, and shall provide UNHCR with any information pertinent thereto. 16.7 The provisions of this Article 16 are without prejudice to any other rights or remedies of UNHCR under the Contract or otherwise. 17. NON-WAIVER OF RIGHTS: The failure by either Party to exercise any rights available to it, whether under the Contract or otherwise, shall not be deemed for any purposes to constitute a waiver by the other Party of any such right or any remedy associated therewith, and shall not relieve the Parties of any of their obligations under the Contract. 18. NON-EXCLUSIVITY: Unless otherwise specified in the Contract, UNHCR shall have no obligation to purchase any minimum quantities of goods or services from the Contractor, and UNHCR shall have no limitation on its right to obtain goods or services of the same kind, quality and quantity described in the Contract, from any other source at any time. 19. SETTLEMENT OF DISPUTES: 19.1 AMICABLE SETTLEMENT: The Parties shall use their best efforts to amicably settle any dispute, controversy, or claim arising out of the 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 Conciliation Rules then obtaining of the United Nations Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the Parties in writing. 19.2 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 19.1, 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. 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. 20. PRIVILEGES AND IMMUNITIES: Nothing in or relating to the Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs or of UNHCR (as a subsidiary organ of the United Nations). 21. TAX EXEMPTION: 21.1 Article II, Section 7, of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the United Nations, including UNHCR as one of its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs restrictions, 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 exemptions of UNHCR from such taxes, restrictions, duties, or charges, the Contractor shall immediately consult with UNHCR to determine a mutually acceptable procedure. 21.2 The Contractor authorizes UNHCR to deduct from the Contractor’s invoices any amount representing such taxes, duties or charges, unless the Contractor has consulted with UNHCR before the payment thereof and UNHCR has, in each instance, specifically authorized the Contractor to pay such taxes, duties, or charges under written protest. In that event, the Contractor shall provide UNHCR with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized, and UNHCR shall reimburse the REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 11 Contractor for any such taxes, duties, or charges so authorized by UNHCR and paid by the Contractor under written protest. 22. OBSERVANCE OF THE LAW: The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the Contract. In addition, the Contractor shall maintain compliance with all obligations relating to its registration as a qualified vendor of goods or services to UNHCR, as such obligations are set forth in vendor registration procedures. 23. MODIFICATIONS: 23.1 The Director of the Division for Emergency and Supply Management, or such other contracting authority as UNHCR has made known to the Contractor in writing, possesses the authority to agree on behalf of UNHCR to any modification of or change in the Contract, 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 the Contract shall be valid and enforceable against UNHCR unless provided by a valid written amendment to the Contract signed by the Contractor and the Director of the Division for Emergency and Supply Management or such other contracting authority. 23.2 If the Contract shall be extended for additional periods in accordance with the terms and conditions of the Contract, the terms and conditions applicable to any such extended term of the Contract shall be the same terms and conditions as set forth in the Contract, unless the Parties shall have agreed otherwise pursuant to a valid amendment concluded in accordance with Article 23.1, above. 23.3 The terms or conditions of any supplemental undertakings, licenses, or other forms of agreement concerning any goods or services provided under the Contract shall not be valid and enforceable against UNHCR nor in any way shall constitute an agreement by UNHCR thereto unless any such undertakings, licenses or other forms are the subject of a valid amendment concluded in accordance with Article 23.1, above. 24. AUDITS AND INVESTIGATIONS: 24.1 Each invoice paid by UNHCR shall be subject to a post-payment audit by auditors, whether internal or external, of UNHCR or by other authorized and qualified agents of UNHCR at any time during the term of the Contract and for a period of two (2) years following the expiration or prior termination of the Contract. UNHCR shall be entitled to a refund from the Contractor for any amounts shown by such audits to have been paid by UNHCR other than in accordance with the terms and conditions of the Contract. 24.2 The Contractor acknowledges and agrees that, from time to time, UNHCR may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Contractor generally relating to performance of the Contract. The right of UNHCR to conduct an investigation and the Contractor’s obligation to comply with such an investigation shall not lapse upon expiration or prior termination of the Contract. The Contractor shall provide its full and timely cooperation with any such inspections, post-payment audits or investigations. Such cooperation shall include, but shall not be limited to, the Contractor’s obligation to make available its personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to UNHCR access to the Contractor’s premises at reasonable times and on reasonable conditions in connection with such access to the Contractor’s personnel and relevant documentation. The Contractor shall require its agents, including, but not limited to, the Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by UNHCR hereunder. 25. LIMITATION ON ACTIONS: 25.1 Except with respect to any indemnification obligations in Article 8, above, or as are otherwise set forth in the Contract, any arbitral proceedings in accordance with Article 19.2, above, arising out of the Contract must be commenced within three years after the cause of action has accrued. 25.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall accrue when the breach actually occurs, or, in the case of latent defects, when the injured Party knew or should have known all of the essential elements of the cause of action, or in the case of a breach of warranty, when tender of delivery is made, except that, if a warranty extends to future performance of the goods or any process or system and the discovery of the breach consequently must await the time when such goods or other process or system is ready REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 12 to perform in accordance with the requirements of the Contract, the cause of action accrues when such time of future performance actually begins. 26. CHILD LABOR: The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the Contractor’s subsidiary or affiliated entities (if any), is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development. 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 UNHCR to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind. 27. MINES: The Contractor warrants and represents that neither it, its parent entities (if any), nor any of the Contractor’s subsidiaries or affiliated entities (if any), is engaged in the sale or manufacture of anti-personnel mines or components utilized in the manufacture of anti-personnel mines. 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 UNHCR to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind. 28. SEXUAL EXPLOITATION: 28.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by its employees or any other persons engaged and controlled 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 reasonable and appropriate measures to prohibit its employees or other persons engaged and controlled by it from exchanging any money, goods, services, or other things of value, for sexual favors or activities, or from engaging 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 these provisions shall entitle UNHCR to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind. 28.2 UNHCR 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. 29. EXPLOITATION AND ABUSE OF REFUGEES AND OTHER PERSONS OF CONCERN TO UNHCR: The Contractor warrants that it has instructed its personnel to refrain from any conduct that would adversely reflect on UNHCR and/or the United Nations and from any activity which is incompatible with the aims and objectives of the United Nations or the mandate of UNHCR to ensure the protection of refugees and other persons of concern to UNHCR. The Contractor hereby undertakes all possible measures to prevent its personnel from exploiting and abusing refugees and other persons of concern to UNHCR. The failure of the Contractor to investigate allegations of exploitation and abuse against its personnel or related to its activities or to take corrective action when exploitation or abuse has occurred, shall entitle UNHCR to terminate the Contract immediately upon notice to the Contractor, at no cost to UNHCR. 30. PAYMENT INSTRUCTIONS: UNHCR shall, on the fulfillment of the delivery terms, unless otherwise provided in the Contract or purchase order, make payment by bank transfer within thirty days of receipt of the Contractor’s invoice for the goods and copies of any other documentation specified in the Contract. Payment against the invoice referred to above will reflect any discount shown under the payment terms agreed among the parties, provided payment is made within the period required by such payment terms. The prices shown in the Contract or the purchase order may not be increased except by express written agreement of UNHCR. Documents are to be sent to the address indicated in the Contract or purchase order. – oOOo – REV.: JANUARY 2010 GENERAL CONDITIONS OF CONTRACT FOR CONTRACTS FOR THE PROVISION OF GOODS AND SERVICES PAGE 13