CLARIFICATION MEETING
25 August 2014
Additional Notes
for
Invitation to Bid No. 2014/024
Supply and Installation of 250 Nos Rainwater Harvesting Systems in 50/55
villages of KIRIWATSAN I Project in Kiribati
1.
TECHNICAL REQUIREMENTS
Please refer to the attached drawing.
1. Rainwater tanks:
Please provide a quote for both 6000 litres (a) and 5000 litres (b) tanks. The total
number of tanks to be installed will only be 250, but given different site conditions either
6000 litres or 5000 litres may be selected. The reason is that the dimensions of each
tank may differ, e.g. height of 5000 litres is higher than that of 6000 litres tank and the
diameter is smaller than the 6000 litres tank so the benefit of using 5000 litres is to
reduce the size of concrete water tank stand/platform and to save space.
Items for connecting the water tanks:
 All tanks will be connected using Ø50mm equalized pipe (please refer drawing);
 There is no need for unions, as the tanks will be connected by the equalizer
pipe;
 Please use “best quality Ø50mm ball valve.
2. Downpipe:
It may be necessary to separate the first flush and transmission pipe from the
downpipe. The first 100 tanks installed under this project installed the first flush at the
bottom part of the inlet pipe.
From the result of the assessment of the sites of each target village, an approximate
number of downpipes needed for the 50 systems can be calculated. Depending on the
size of the structure, whether a maneaba, church or private house, from 1 – 6
downpipes can be installed in one system.
The Ø100mm bend and Tee fittings are going to be used for the transmission pipe. To
connect downpipes with the gutter, a pre-fabricated gutter outlet may be needed at the
top of each downpipe and should be properly riveted or screwed to the gutter and the
downpipe. The joints should be well sealed.
Transmission pipe:
Transmission pipe is used to deliver the water from the downpipe to the inlet pipe.
Either Ø100mm or Ø150mm can be used.
First Flush:
The First flush may installed at the bottom part of the inlet pipe. The materials needed
for the first flush are:
I.
2 PVC Ø100mm elbow 90
II.
1 PVC Ø100mm Tee
III.
1 Ø100mm stainless steel gate valve
IV.
2 PVC Ø100mm female socket
Depending on the number of inlet pipes, 1 or more than one first flush can be installed.
Inlet pipe:
Inlet pipes are connected with the transmission pipes through Ø100mm elbow 90 fitting
to deliver the water from the transmission pipe to the water tank. Depending on the
size/height of the water tank, the height of the inlet pipe can be for 6000 litres around
1.7m and for 5000 litres 2.7m. Please note that about 0.3m of the inlet pipe will be
installed below ground level connected with the transmission pipe with Ø100mm elbow
90. As you can see in the drawing, for five 5000 litres water tanks two inlet pipes will
be installed, similarly two inlet pipes for the four 6000 litres water tanks two inlet pipes
will be connected. The inlet pipes are connected to the transmission pipes
independently. This is to have alternative in case one inlet pipe is broken. One inlet
pipe needs 3 Ø100mm elbow 90. Please note the fittings needed to connect the first
flush with the inlet pipe are mentioned above.
3. Construction of tank base platform
The water tank base will have different size for the 5000 litres and 6000 litres. As you
can see in the drawing for four 6000 litres the size of the platform is 10.1m X 3m and
for the five 5000 litres the size is 9.15m X 2.31m. If 1 water tank is to be installed in
one site then the dimensions of the platform can be calculated as follows:
For 5000 litres: length = 0.3m + 1.71m + 0.3m=2.31m
Width = 0.1m + 1.71m + 0.1m = 1.91m
For 5000 litres: length = 0.3m + 2.4m + 0.3m=3m
Width = 0.1m + 2.4m + 0.1m = 2.6m
Please note if the water tanks to be installed are more than 1 then the spacing between
the water tanks is be 0.1m
4. Stand post and tap fixing:
This includes part of the system from the Ø50mm equalizer up to the water collection
chamber. The collection chamber will be installed a bit farther from the water tanks as
in the attached drawing in order to keep people who come to collect water away from
the water tanks,. This could make fencing the water tanks easy (if communities want
to erect fences).
Depending on the number of water tanks, the equalizer pipe will be connected at two
or one point by a 50X25 tee reducer fitting to the Ø25mm (or 20mm) delivery pipe line.
To regulate the water that will be delivered to the tanks Ø25mm (or 20mm) gate valve
has to be installed in the Ø25mm (or 20mm) pipeline. As the pipeline will be installed
200mm – 300mm below ground level, the valve must be installed in a
600mmX600mmX500mm manhole (please refer to the drawing). The Ø25mm
(or20mm) pipe will be reduced to Ø15mm pipe using 25X15reducer. The PVC Ø15mm
pipe will be connected to the Ø15mm GI pipe with a PVC Ø15mm female socket.
Finally the brass tap will be connected with the GI pipe. The accessories may thus
contain Ø15mm PVC pipe.
As per the drawing, for four 6000 litres or five 5000 litres water tanks the accessories
needed are:
Item Description
1.
50X20 PVC tee reducer to connect the
Ø25mm or 20mm pipe with Ø50mm
equalizer.
2.
Ø25mm or 20mm PVC pressure pipe
Unit
pcs
Quantity
2
m
3.
Ø25mm or 20mm ball valve (gate or ball
valve). This is included in the BoQ as
stainless steel marine, which is better in
quality but a bit expensive
Ø25mm or 20mm PVC pressure female
socket to connect the above valve
600mmX600mmX500mm manhole to
protect the valve. Manhole has to be made
as per the drawing
25(20)X15 PVC reducer to connect the
Ø25mm (or 20mm) pipe with the Ø15mm
Ø15mm PVC pressure pipe
pcs
Depends on the site (can
be determined from the site
assessment
2
pcs
2
pcs
2
pcs
2
m
Ø15mm PVC elbow 90
Ø15mm PVC female socket to connect the
Ø15m GI pipe with the PVC.
200mm long Ø15mm GI pipe
Ø15mm GI coupling to connect the
Ø15mm GI with the Ø15mm brass tap
Ø15mm brass tap
1m long Ø100mm PVC pipe to be filled by
concrete for tap stand
pcs
pcs
I would suggest 6m for
each site (1 length pipe)
2
2
pcs
pcs
2
2
pcs
pcs
2
2
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Please note the above table is only to clarify the materials needed as per the
drawing. The delivery pipe can be Ø25mm or Ø20mm, as it is recommended to use
bigger diameter pipes to minimize the head loss due to friction, it may be necessary
to use Ø25mm pipe.
5. Toolboxes:
From each village only two water artisans will be trained and if it is decided to supply
1 box for each water artisan the total number supplied will be 100.
6. Unit Price Contract
Please ensure to specify the unit price for the supply and installation of each tank as
this will be paid per the number of units supplied and installed rather than on one
lump sum payment of 250 tanks.
2.
SEALED BIDS
SEALED bids must be placed in the bid box /submitted at the reception in the UNICEF
Pacific office:
For Fiji
1. UNICEF Suva Office
5th Floor, Fiji Development Bank Building
360 Victoria Parade, Suva
Fiji
Attention: Christine Calo-oy
Senior Supply Assistant
or
For Kiribati
2. UNICEF Kiribati Office
Teaoraereke, Tarawa
Kiribati
Attention: Ms Nuzhat Shahzadi
Chief of Field Office
before latest 5.00 pm on Wednesday, 24 September 2014.
3. INSTRUCTIONS TO BIDDERS
1. MARKING AND RETURNING BIDS
1.1. SEALED BIDS must be securely closed in the bid envelope provided, or other suitable
envelope, clearly MARKED on the outside with the BID NUMBER, and dispatched to
arrive at the UNICEF office indicated NO LATER THAN the CLOSING TIME AND DATE.
Bids received in any other manner will be INVALIDATED.
1.2. SEALED BIDS can also be sent by courier, clearly MARKED on the outside with the BID
NUMBER, and to arrive at the UNICEF Office NO LATER THAN the CLOSING TIME AND
DATE.
1.3. Bids received without the Bid number will be invalidated.
2. TIME FOR RECEIVING BIDS
2.1. Sealed Bids received prior to the stated closing time and date will be kept
unopened. The Officer of the Bid Section will open Bids when the specified time has
arrived and no Bid received thereafter will be considered.
2.2. UNICEF will accept no responsibility for the premature opening of a Bid which is not
properly addressed or identified.
3. PUBLIC OPENING OF BID
3.1. Bidders, or their authorized representative, may attend the public opening of the
Bid at the time, date and location specified. Bidders should note that the Bid
Opening is the only time and place where information related to pricing from
competitors is available.
4. REQUEST FOR INFORMATION
4.1. Any request for information regarding the specifications should be forwarded to
the Contracting Officer who PREPARED the Bid, and NOT to the Bid Section.
5. ERROR IN BID
5.1. Bidders are expected to examine all Schedules and all Instructions pertaining to the
work or Bid. Failure to do so will be at Bidders own risk. In case of errors in the
extension price, unit price shall govern.
6. CORRECTIONS, MODIFICATION AND CHANGES FROM SPECIFICATION
6.1. Erasures or other corrections in the Bid must be explained and the signature of the
Bidder shown alongside.
6.2. All changes to a Bid must be received prior to the closing time and date. It must be
clearly indicated that it is a modification and supersedes the earlier Bid, or state
the changes from the original Bid.
6.3. Whenever items offered are not exactly in compliance with specifications indicated
in the Request for Proposal by UNICEF, or wherever alternatives are offered, it is
the responsibility of the Bidder to provide full descriptions, specifications and
documentation of such alternate items for consideration.
7. WITHDRAWAL
7.1. Bids may be withdrawn on written or faxed request received from Bidders prior to
the opening time and date. Negligence on the part of the Bidder confers no right for
the withdrawal of the Bid after it has been opened.
8. VALIDITY OF BIDS
8.1. Bids should be valid for a period of not less than 90 days after bid opening, unless
otherwise specified in the Specific Terms and Conditions. Bidders are requested to
indicate the validity period of their bid, as UNICEF may place additional orders
against the lowest acceptable bid if requests for identical equipment are received
from our field offices during the bid validity period. UNICEF may also request the
validity period to be extended.
9. CURRENCY OF BIDS
9.1. Bids should be in either USD OR AUD currency. All bids will be converted to USD
amount using the prevailing UN exchange rate for that particular month.
9.2. Failure to quote in the currency stated in the ITB document will invalidate the bid.
10. BID SECURITY
Proposals shall be accompanied by a bid bond, in form of a Bank warranty in an amount
equal to not less than two percent (2%) of the proposal, said deposit to be retained by
the owner as liquidated damages in event of failure of the successful bidder to execute
the contract within fourteen (14) days after the award. All bid securities shall be returned
to the bidders promptly after award of contracts, and no later than ten (10) days after
expiration of the holding period stated in the Notice to Bidders. Standard Form of Bid
Bond is included in these specifications and shall be used.
10.1. If required in the ITB, the Bidder shall furnish as part of its Bid, in original form as
specified in the ITB.
10.2. The Bid Security shall be in the amount specified in clause 10 and shall
(a) at the bidder’s option, be in the form of either a letter of credit, or a bank
guarantee from a banking institution, or a bond or surety issued by an
insurance or bonding institution;
(b) be issued by a reputable institution selected by the bidder and located in any
country. If the institution issuing the bond or surety is located outside the
Employer’s Country, it shall have a correspondent financial institution located
in the Employer’s Country to make it enforceable.
(c) be substantially in accordance with the form of Bid Security .
(d) be payable promptly upon written demand by the UNICEF in case the
conditions listed in ITB are invoked;
(e) be submitted in its original form; copies shall not be accepted;
(f) remain valid for a period of 28 days beyond the validity period of the bids, as
extended, if applicable, in accordance with ITB .
10.3. The Bid Security of unsuccessful Bidders shall be returned as promptly as possible
upon the successful Bidder’s furnishing of the performance security.
10.4. The Bid Security may be forfeited or the Bid–Securing Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid validity specified by the
Bidder on the Bid Submission Sheet, except as provided in ITB .
(b) if the Bidder does not accept the correction of its Bid Price pursuant to ITB .
(c) if the successful Bidder fails within the specified time to:
(i)
sign the Contract; or
(ii)
furnish the required performance security .
11. PERFORMANCE BOND
11.1 The successful bidder, upon award of contract, shall furnish a performance
bond in an amount equal to 10 percent (10 %) of the contract price.
11.2 The Performance Security Form should not be completed by the bidders at
the time of their bid preparation. Only the successful Bidder will be required to
provide performance security and bank guarantee in accordance with one of the
forms indicated herein.
11.3 The performance bond shall be valid from the date of its establishment
(when the contract is signed) until twelve (12) months after the completion of
the contract as specified in the Contract.
11.4 In the event of the bidder's default in the performance of its obligations
under the Contract, the UNICEF may draw such amount under the performance
bond for its losses, damages, expenses, or other costs (or any part thereof)
arising from or related to the bidders default.
11.5 UNICEF will release performance bond, without interest, after the expiration
of the validity of the performance bond and completion of the contract, provided
that the UNICEF is satisfied with the work carried out and if it l is in accordance
with all the requirements of the Contract.
11.6 If the bidder fails to establish the performance bond required hereunder to
be deposited within the required period specified above, UNICEF shall have the
right to cancel the Contract.
12. INCOTERMS
12.1. Failure to quote in accordance with the requested INCOTERMS may result in
invalidation of your bid.
13. SUPPLIER REGISTRATION AND EVALUATION
13.1. UNICEF is now part of the United Nations Global Marketplace (UNGM) (previously
the UN Common Supplier Database.) Accordingly, all bidders must apply to
become a UNICEF supplier and this must be done via the UNGM website at
http://www.ungm.org. Following this application the UNGM informs the UNICEF
Quality Assurance Supplier Evaluation Unit (SEU) automatically and a
determination will be made as to whether the application will be accepted. The
determination is based on relevance of the products to UNICEF, together with a
financial assessment.
13.2. Simultaneously with application to UNGM, and unless this information has
already been provided to UNICEF within the previous 12 months, bidders shall
submit their most recent Audited Financial Statement and Quality System
Certificate to the UNICEF Quality Assurance Supplier Evaluation Unit, UNICEF
Plads, Freeport, DK-2100, Copenhagen, Denmark. This information will be used by
UNICEF for evaluation and approval purposes before making an award. It is in the
interest of the bidders to provide information as complete as possible, as awards
will only be made to suppliers who meet UNICEFs supplier selection criteria.
14. COUNTRY OF ORIGIN
14.1. Items produced in countries other than that of the Bidder must be indicated,
stating the country of origin. Bidders may be required to submit a Certificate of
Origin of Goods issued by the Chamber of Commerce or other equivalent authority.
15. RIGHTS OF UNICEF
15.1. UNICEF reserves the right to INVALIDATE any Bid for reasons mentioned above,
and, unless otherwise specified by UNICEF or by the Bidder, to accept any item in
the Bid.
15.2. UNICEF reserves the right to INVALIDATE any Bid received from a Bidder who, in
the opinion of UNICEF, is not in a position to perform the contract.
4. UNICEF STANDARD TERMS & CONDITIONS FOR SERVICE CONTRACTORS
1.
Legal Status
Contractor(s) is an independent Contractor and is not an employee of UNICEF. Contractor(s)
is not a ‘staff member’ under the Staff Regulations of the United Nations or an ‘official’ for
the purposes of the Convention of 13 February 1946 on the privileges and immunities of the
United Nations. All employees of Contractor(s) remain as such while on UNICEF premises and
for the duration of this Contract. Contractor(s) shall not have the legal authority to
contractually bind UNICEF in any way beyond this agreement.
2.
Contract Administration
The contract will be issued by the Supply Section of UNICEF Pacific Office in the form of a
Service contract based on agreed upon prices as specified in the Financial Bid. The Contract
will be overseen by a designated UNICEF Supervising Officer.
3.
Contract Modifications
Any and all modifications to the Contract shall take the form of a written Amendment which
shall be valid on the signature by the appointed official of both parties and shall be attached
to this body Contract.
4.
Termination of Contract
The Contract may be terminated by either party before the expiry date of the agreement as
stipulated in conditions of contract, save in the instance of breech of this agreement,
whereupon the Contract shall terminate immediately.
Non performance under the terms and conditions of the agreement including but not limited
to failure at any point of the function procedure will result in breech of agreement. UNICEF
may provide Contractor(s) with 30 days notice to perform after which point the agreement
will be terminated. In the event of the agreement being terminated prior to its expiry date
due to either notified termination or breech, the Contractor(s) shall be compensated on a pro
rata basis for no more than the actual amount of work performed to the satisfaction of
UNICEF.
UNICEF retains the right to procure any, all or part of the services herein contracted from any
source, on breech of this agreement.
5.
Contractor(s) Company Modifications
Where the Contractor(s) should change or alter the company name or where the
Contractor(s) payment details change, including but not limited to change of account name,
or location, UNICEF will take instruction from the Company designated signatory in writing as
to those changes, and will act on that instruction alone. UNICEF will not accept any liability
for any eventuality which may take place due to the implementation of the instructed change.
6.
Taxation
Section 7 of the Convention on the Privileges and Immunities of the United Nations
provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct
taxes and is exempt from customs duties in respect of articles imported or exported for
its official use. Accordingly, the Contractor authorizes UNICEF to deduct from the
Contractor’s invoice any amount representing such taxes or duties charged by the
Contractor to UNCIEF. Payment of such corrected invoice amount shall constitute full
payment by UNICEF. In the event any taxing authority refuses to recognize the UN
exemption from such taxes, the Contractor shall immediately consult with UNICEF to
determine a mutually acceptable procedure.
Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor’s invoice
any amount representing such taxes, duties, or charges, unless the Contractor has
consulted with UNICEF before the payment thereof and UNICEF has, in each instance,
specifically authorized the Contractor to pay such taxes, duties, or charges under
protest. In that event, the Contractor shall provide UNICEF with written evidence that
payment of such taxes, duties or charges has been made and appropriately authorized.
7.
Language
The Contract will be executed in the English language.
8.
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 and its subsidiary organs, including
UNICEF.
Contractor Obligations:
9.
Agreement Integrity
The Contractor(s) shall neither seek nor accept instructions from any authority external to
UNICEF in connection with the performance of the services under the contract. The
Contractor(s) shall refrain from any action, which may adversely affect UNICEF and shall fulfill
its commitments with fullest regard for the interests of UNICEF.
10.
Confidentiality
Any information received by Contractor(s) during the course of Contractor’s performance
under the Contract which concerns UNICEF and/or the United Nations or any of its entities in
any way whatsoever shall be kept in full confidence and shall not be revealed to any person,
firm, organization or entity.
11.
Use of UNICEF logo, name and emblem
The Contractor(s) shall not advertise or otherwise make public the fact that it is a
Contractor(s) of UNICEF, nor shall the Contractor(s), in any manner whatsoever, use the
name, logo, or signature of UNICEF, or any abbreviation of the name of UNICEF in connection
with its business or otherwise.
12.
Prohibition of Advertising
The Contractor(s) shall not advertise or otherwise make public that the Contractor(s) is
furnishing goods or services to UNICEF without specific permission of UNICEF.
13.
Title rights
a) UNICEF shall be entitled to all proprietary rights including but not limited to patents,
copyrights and trademarks, with regard to material which bears a direct relation to,
or is used in consequence of the services provided to the organization by the
Contractor(s). Materials include but are not limited to, information, images, logos,
graphics, sounds, software, and documentation. At the request of UNICEF, the
Contractor(s) shall assist in and take all necessary steps to execute all necessary
documents, secure such proprietary rights and transfer them to UNICEF where
applicable. On completion of each stage of the contract execution the title rights
relating to contract deliverables will vest in UNICEF and on completion of the contract
all outstanding title rights will vest in UNICEF. Adaptation or change made to the
materials by the Contractor(s) does not affect title rights, regardless as to whether the
change(s) was made under the terms and scope of this agreement or by independent
act by the Contractor(s).
b) Title to any equipment, supplies, documentation, property and information in any
form which has been furnished by UNICEF shall rest with UNICEF and any such
equipment, supplies, documentation, property and information shall be returned to
UNICEF at the conclusion of the contract or when no longer required by the
Contractor(s) in the execution of the appointed tasks, such equipment, supplies,
documentation, property and information when returned to UNICEF, shall be in the
same condition as when delivered to the Contractor(s), subject to normal wear and
tear. Adaptation or change made to the equipment, supplies, documentation,
property and information by the Contractor(s) does not affect title rights, regardless
as to whether the change(s) was made under the terms and scope of this agreement
or by independent act by the Contractor(s).
14.
Assignment to Subcontractors
The Contractor(s) shall not, except after obtaining the written consent of UNICEF assign,
transfer, pledge or make other disposition of the Agreement or any of the Contractor(s) rights
or obligations under the Agreement. Where such an Agreement is entered into, UNICEF shall
be charged at the cost rate for the subcontractor services. Were Contractor(s) found to have
received any profit from such an Agreement, such action would constitute breech of this
Contract.
15.
Contractor(s) Agents/Employees
All Contractor(s) agents or employees assigned to UNICEF projects shall be named and
identified prior to their assignment, this list shall be provided to the Supervising UNICEF
Officer prior to the commencement of the Contract. Contractor(s) shall vouch for their
professional ability. Contractor(s) will provide resumes of designated staff to UNICEF on
request. Contractor(s) will provide prior written notice to UNICEF in the case that any
agent/employee is reassigned from UNICEF projects, this notice shall include the name and
relevant details of the proposed replacement.
16.
Indemnification
The Contractor(s) shall indemnify, hold and save harmless and defend at its own expense
UNICEF, its officers, agents and employees from and against all suits, claims, demands and
liability of any nature or kind, including costs and expenses, arising out of act or omissions of
the Contractor(s) or its employees in the performance of this Agreement.
17.
Safety
Contractor(s) shall be solely responsible for complying with all relevant safety laws and
regulations and for taking all necessary safety precautions in connection with the
performance of the agreement in order to protect all persons and property.
18.
Insurance
Contractor(s) is fully responsible for arranging, at own expense, such life, health and other
forms of insurance for Contractor(s) staff covering the period of service on behalf of UNICEF.
The responsibility of the United Nations is limited solely to the payment of compensation
under the conditions described in the Concept, Design and Prepress Reference Price List.
19.
Payment Terms
UNICEF shall on fulfillment of the Delivery Terms unless otherwise specified make payment
within 30 days of receipt of the Contractor(s) invoice for the deliverables as specified in the
Agreement.
Unless authorized by UNICEF a separate invoice must be submitted in respect of each
Purchase Order/work-order/contract where applicable. Each invoice shall indicate the
identification number of the corresponding contract document.
Proof of dispatch or delivery note certified by the UNICEF designated consignee(s) attesting
to the delivery and satisfactory condition of articles or services (original and 1 copy) must be
submitted with the invoice.
UNICEF shall have a reasonable time which shall not exceed sixty (60) days after delivery of
the deliverables inspect them and to reject and refuse acceptance of deliverable which do not
conform to the Agreement, or accepted industry standards.
Payment for goods/services/deliverables pursuant to the Agreement shall not be deemed an
acceptance of the goods/services.
20.
Limitation of Expenditure
No increase in the total liability of UNICEF or in the price of supplies/services will be
authorized or paid to the contractor unless such increase has been pre-approved in writing
by UNICEF prior to delivery.
21.
Time Requirements
Contractor(s) will furnish UNICEF with a complete and detailed phased timeline for
deliverables or contract document. This timeline will be strictly adhered to and cannot be
subject to modification save in signed writing by the supervising UNICEF officer.
Changes attributable to Contractor(s) will be subject to penalty provisions by UNICEF at the
following rates:
a.
1 to 7 days late
- 2.5% of the billed amount
b.
8 to 15 days late
- 5% of the billed amount
c.
16 to more days late
- 10% of the billed amount
The above deduction will be final and recourse will not be entertained. If the delay in delivery
is due to causes, which are beyond the control of the Contractor(s), which UNICEF will
determine on the basis of documentation and/or explanation submitted no deduction from
the invoices will be made.
22.
Inspection
A. The contractor shall permit UNICEF’s authorized representative to have full access to all
the facilities at all reasonable times to inspect the production of the work and shall
provide assistance to the representatives for such inspection, including copies of any test
results or quality control reports as may be necessary.
B. UNICEF reserves the right to contract an agency to conduct pre-delivery inspection (third
party inspection) at the Contractor’s premises prior to delivery. Such inspections, if
conducted do not guarantee acceptability of the deliverables at final destination.
C. Third party inspection will be for UNICEF’s account, but if any additional visits are required
due to the Contractor’s fault any corresponding expenses will be covered by the
Contractor(s).
D. Contractor(s) alone is responsible for the quality of the products/services supplied
irrespective of whether they have been inspected by UNICEF or its appointed
representative.
E. UNICEF reserves the right to use other contractors, if felt necessary, for completion of the
contract without the consent of the Contractor
23.
Priority
The Contractor(s) agrees to give high priority to work contracted by UNICEF and shall adhere
to all delivery dates specified in the contract.
24.
Delivery
Delivery shall be made to the specified address in Suva at Contractor(s) cost. Delivery charges
for out of city destinations shall be as per actual rates paid supported by relevant receipts,
subject to certification by UNICEF.
25.
Additional Instructions
All work not covered in the financial bid shall be approved in advance by UNICEF Supply
Section in writing and will be part of the Agreement, Contract or Purchase Order. This writing
will take the form of a Contract Amendment or a Contract Addition as suitable.
Force Majeure:
26.
Notice of Force Majeure
If the Contractor(s) is rendered unable, wholly or in part, to perform its obligations and meet
its responsibilities under this Agreement by reason of Force Majeure, the Contractor(s) shall
give notice and full particulars in writing to UNICEF as soon as possible after the occurrence
of any event constituting Force Majeure. In this Agreement, Force Majeure means acts of
God, war (whether declared or not), industrial disturbances, acts of the public enemy, civil
disturbances, invasion, revolution, insurrection or other acts of a similar nature or force not
caused by nor within the control of either Party and which neither Party is able to overcome.
27.
Suspension by Reason of Force Majeure
The obligations and responsibilities of the Contractor(s) under this Agreement shall be
suspended to the extent of its liability to perform them and for as long as such inability
continues. During such suspension and in respect of work suspended, the Contractor(s) shall
be entitled only to reimbursement by UNICEF against appropriate vouchers of the essential
costs incurred prior to the occurrence of any cause constituting Force Majeure. The
Contractor(s) shall, within fifteen (15) days of the occurrence of an event constituting Force
Majeure, submit a statement to UNICEF of estimated expenditure prior of the period of
suspension.
28.
Termination by Reason of Force Majeure
If, in UNICEF’s judgment, the Contractor(s) is rendered permanently unable, wholly or in part,
to perform its obligations and meet its responsibilities under this Agreement by reason of
Force Majeure, UNICEF shall have the right to suspend or terminate this Agreement on seven
(7) days’ written notice. UNICEF agrees to exercises its judgment under this provision in a
reasonable manner.
29.
Notification of Other Changes in Conditions
The Contractor(s) shall also notify UNICEF of any other changes in the conditions or the
occurrence of any event, which interferes or threatens to interfere with its performance of
the Agreement. On receipt of the notice required under this Section, UNICEF shall take such
action as, in its sole discretion, it considers to be appropriate or necessary in the
circumstances, including granting the Contractor(s) a reasonable extension of time in which
to perform its obligations under the Agreement. UNICEF agrees to exercise its discretion
under this provision in a reasonable manner.
Miscellaneous
30.
United Nations Privileges and Immunities
Nothing in or relating to this Agreement shall be deemed a waiver, express or implied, of any
of the privileges, and immunities of the United Nations and its subsidiary organs, including
UNICEF, whether under the Contractor(s) on the Privileges and Immunities of the United
Nations, or otherwise, and no provision of this Agreement shall be interpreted or applied in a
manner, or to an extent, inconsistent with such privileges and immunities.
31.
Arbitration
Any controversy or claim arising out of or in connection with this Agreement or any breach
thereof shall, unless it is settled by direct negotiation, be settled by the UNCITRAL Arbitration
Rules as at present in force. The parties to the Agreement shall be bound by any arbitrations
award rendered as a result of such arbitration as the final adjudication of such controversy or
claim.
32.
Officials not to Benefit
The Contractor(s) represents and warrants that no official of UNICEF has been or shall be
admitted by the Contractor(s) to a direct or indirect benefit arising from this Agreement such
provision being a breach of an essential term of this Agreement.
33.
Other Provisions
These include Contractor(s) Obligations, Terms of Reference and the Agreed Rates, any and
all additional Annexations, Appendix or Amendments, which are duly signed by both the
parties and form part of the Agreement.
34.
Relations between the Parties
Nothing contained in the Agreement shall be construed as establishing a relation of master
and servant or of principal and agent between UNICEF and the Contractor(s). The
Contractor(s) shall have the legal status of an independent Contractor(s) vis-à-vis UNICEF.
Neither the Contractor(s) nor its personnel shall be considered employees or agents of
UNICEF or the United Nations. Unless otherwise provided in this Agreement, UNICEF shall
not be liable for any claims of any kind against the Contractor(s) by third parties arising in
connection with the performance of this Agreement.
35.
Child Labour
UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention
of potential suppliers to Article 32 of the Convention which, inter 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(s) represents and warrants that no child has been or
is employed by the Contractor(s) or any of its affiliates.
36.
Anti-Personnel mines
UNICEF supports an international ban on the manufacture of anti-personnel mines. Antipersonnel mines have killed and maimed thousands of people, of whom a large proportion is
children and women. Anti-personnel mines present a serious obstacle to the return of
populations displaced from their residences by fighting around their villages and homes.
UNICEF has, therefore, decided not to purchase products from companies that sell or
manufacture anti-personnel mines or their components. The Contractor(s) represents and
warrants that neither it nor any of its affiliates is in any way engaged in the research,
development, production, distribution, or sale of anti-personnel mines.
37.
Dealing with other United Nations Agencies
The Contractor(s) is allowed, on its own initiative and/or if requested by other agencies of the
United Nations, to extend similar services described herein to such agencies. The
Contractor(s) is obliged to pass on to the appropriate agency any savings obtained due to bulk
shipments and/or other arrangements the Contractor(s) may arrange.