INVITATION TO BID

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					                                                                                                            Annex I
                                   INSTRUCTIONS TO BIDDERS
A. INTRODUCTION

1.   General
     UNDP invites Sealed Bids for the Delivery, Installation and Support of Information and Communication
     Technologies (ICT) Equipment for Public Libraries under Project No. 00071115: Bulgarian Libraries – Access
     Points to Information and Communication for All Program (Glob@l Libraries – Bulgaria Program).

2.   Eligible Bidders
     Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of
     its affiliates which have been engaged by UNDP to provide consulting services for the preparation of the design
     specifications, and other documents to be used for the procurement of delivery, installation and support of ICT
     equipment items under this Invitation to Bid.

3.   Cost of Bid
     The Bidder shall bear all costs associated with the preparation and submission of the Bid, and UNDP will in no
     case be responsible or liable for those costs, regardless of the conduct or outcome of the solicitation.

B. SOLICITATION DOCUMENTS

4.   Contents of Solicitation Documents
     Bids must meet all technical specifications, quantities, documentation and requirements in their totality as
     specified in the Technical Specifications and Requirements (Annex II). Bids offering only part of the technical
     specifications, quantities, documentation and requirements will be rejected.

5.   Examination of Solicitation Documents
     The Bidder is expected to examine all corresponding instructions, forms, terms and specifications contained in
     the Solicitation Documents. Failure to comply with these documents will be at the Bidder’s risk and may affect
     the evaluation of the Bid.

6.   Clarification of Solicitation Documents
     A prospective Bidder requiring any clarification of the Solicitation Documents may notify UNDP in English
     and in writing. The response shall be made in writing to any request for clarification of the Solicitation
     Documents that UNDP receives earlier than one week prior to the Deadline for the Submission of Bids. Written
     responses in English (including an explanation of the query but without identifying the source of inquiry) shall
     be posted on www.glbulgaria.bg and www.undp.bg

7.   Amendments of Solicitation Documents
     No later than one week prior to the Deadline for Submission of Bids, UNDP may, for any reason, whether at its
     own initiative or in response to a clarification requested by a prospective Bidder, amend the Solicitation
     Documents. Any amendments will be published on www.glbulgaria.bg and on www.undp.bg. In order to afford
     prospective Bidders reasonable time in which to take the amendments into account in preparing their offers,
     UNDP may, at its discretion, extend the Deadline for the Submission of Bids.

C. PREPARATION OF BIDS

8.   Language of the Bid
     The Bid prepared by the Bidder and all correspondence and documents relating to the Bid exchanged by the
     Bidder and UNDP shall be written in the English language.

9.   Eligibility Characteristics and Requirements


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Participation in this procedure is open on equal terms to Bulgarian and foreign legal entities.
Eligible Bidders can be either companies or consortiums that meetthe eligibility characteristics and requirements,
qualifications and conformity to the present solicitation package, as set below.

9.1. Eligibility Characteristics
(a) Bidders should not be associated, or have been associated in the past, directly or indirectly, with a company or any
     of its affiliates which have been engaged by UNDP to provide consulting services to the documents to be used for
     the preparation under this Invitation to Bid.

(b) Bidders shall not be considered eligible and will be excluded from participation in this procedure if:
    i) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an
    arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those
    matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or
    regulations;
    ii) They have not fulfilled obligations relating to the payment of social security contributions or the payment of
    taxes in accordance with the legal provisions of the country where they are established;

(c) In the case of a consortium:
    i) One of the consortium members shall be a leading organization under the present procedure and shall bear full
    responsibility on behalf of all consortium members for all contracted duties.
    ii) Each consortium member has to meet individually the eligibility characteristics listed in sub-clause 9.1(b).
    iii) Consortium members as a whole must meet the eligibility requirements for experience as a contractor of
    similar contracts, financial and human resources capacity listed in the table below.
    iv) All consortium members will be jointly and severally responsible for performance of the awarded contract.

9. 2. Eligibility Requirements


  №                   Description                                    Eligibility Requirements

1.       Bidder Profile and Professional Experience
                                               (1) The Bidder is a company, whose professional experience is
                                               in delivery, installation and support of ICT equipment.
         General information about the
(a)
         Bidder                                (2) The Bidder is a consortium, whose members have
                                               professional experience in delivery, installation and support of
                                               ICT equipment.
                                               Three successful contracts of similar scope during the previous
         Experience as a contractor of similar
(b)                                            consecutive five years (2005 – 2009), one of which for at least
         contracts
                                               USD 1,000,000 (one million USD)
                                               The Bidder (in case of consortium – each member) is expected
(c)      Quality Management System
                                               to have quality management system certified under ISO 9000
2.       Financial Resources Capacity
         Total revenue for the previous
(a)      consecutive three years (2006 –       USD 50,000,000
         2008)
                                               Net working capital: USD 500,000 or higher (for companies
(b)      Current liquidity capacity for the    bidding individually and for consortiums as a whole)
         performance of the contract           Quick ratio of 1 or higher (for companies bidding individually
                                               and for each consortium member)
3.       Human Resources Capacity
                                                  Minimum six support service centres in six different cities
(a)      Support service centres in Bulgaria      spread around Bulgaria, providing full national coverage. Each
                                                  service centre should have at least 2 IT support specialists,


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                                              who provide full support necessary for IT equipment.
                                              Person with five years relevant experience in administrative
(b)    Project Coordinator (Administration)   management of projects with similar scope.

                                              Person with three years relevant experience in quality
       Quality Assurance Coordinator for
(c)                                           assurance management of IT support activities.
       IT support services

                                             The Bidder has at least 30 IT support staff, who will be
                                             dedicated for the delivery, installation and support of ICT
                                             equipment. Of these 30, the Bidder shall have at least 15
                                             certified IT support staff who will be available for the
                                             delivery, installation and for the warranty support, where at
       Dedicated staff available for         least 5 of these 15 IT support staff shall be certified by the
(d)    delivery, installation and support of manufacturer to support the ICT equipment.
       ICT equipment
                                             The Bidder shall have at least another 15 IT support staff that
                                             will be available for the provision of onsite software support
                                             services.
                                             A minimum of 5 of the 30 IT support staff shall be Microsoft
                                             Certified.
4.     Methodology – in accordance with Annex II. Technical Specifications and Requirements
                                             Describe the methodology for organizing and completing the
                                             delivery, installation and support of ICT equipment for the
                                             target libraries under the Glob@l Libraries - Bulgaria
                                             Program. The methodology will take into consideration:
(a)    Description (up to 3 pages)                    the volume of work
                                                      the territorial distribution of the target libraries
                                                      the optimal time frame for completing the work
                                                      Subcontractors – the type and scope of activities, if
                                             applicable
                                             Prepare an indicative work plan for the delivery and
                                             installation of ICT equipment to the target libraries for Phase
                                             One 2009 (as per the list of target libraries available on
                                             http://glbulgaria.bg/en/page.php?c=39). The work plan will
                                             commence following the contract signature and will include at
(b)    Work plan (up to 5 pages)             least the following tasks: supply of ICT equipment without
                                             operating system (OS); installation of operating system and
                                             specified list of software (approved OS image) on the
                                             computers; on-site delivery, installation, configuration and
                                             acceptance test of all equipment for Phase One 2009 at 455
                                             libraries spread around Bulgaria.
                                             Prepare a description (up to 2 pages) and user guide of the
                                             available ICT service request management system, providing
                                             ICT equipment users the opportunity to create and monitor the
                                             status of their ICT service requests. This system should
                                             provide UNDP or its authorized representatives the
       Support of ICT equipment (up to 4
(c)                                          opportunity to monitor service delivery levels for quality
       pages)
                                             control purposes.

                                              Prepare a time schedule (up to 2 pages) for single ICT service
                                              request resolution. The schedule should clearly state the steps,
                                              time frame and resources involved in the resolution

9.3 Documents Establishing the Bidder’s Eligibility, Qualifications and the Conformity of Delivery,
Installation and Support of ICT Equipment to Bidding Documents


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The Bidder shall furnish as part of its Bid, documents establishing the Bidder’s eligibility, qualifications and
conformity to the Bidding Documents of all ICT equipment and related ICT delivery, installation and support under
the Contract. The Documentary Evidence of the Bidder’s eligibility, qualifications and conformity to perform the
Contract if its Bid is accepted shall be established to UNDP’s satisfaction.

The Documentary Evidence shall consist of:

(a) In order to demonstrate they meet all eligibility characteristics and requirements, Bidders shall submit
    supporting documents in English or in legalized translation into English in accordance with the list below. In the
    case of a consortium, consortium members shall nominate one of the members as a leading organization who
    will be authorized to represent the consortium and sign all documents on its behalf. The requested documents
    will be submitted for individual members of the consortium or by nominated sub-contractors:
    i. For Bulgarian legal entities or sole traders - Court and VAT registration, BULSTAT registration or certificate
         from the Commercial Register under Art. 23 of the Bulgarian Commercial Register Act. For foreign persons –
         certificates for incorporation under the law of the country in which the candidate is established.
    ii. The Certificate of the current legal status/registration of the Bidder issued by the competent authority
         certificates for incorporation under the law of the country in which the Bidder is established not earlier than
         three months of date of submission of the Bid.
    iii. Documentary proof under the law of the country in which the Bidder is established, to show that the Bidder
         does not have unfulfilled obligations relating to the payment of social security contributions or the payment of
         taxes in accordance with the legal provisions of the country where they are established.
    iv. Documentary proof under the law of the country in which the Bidder is established, to show that it is not
         bankrupt or being wound up/having its affairs administered by the courts.

(b) Duly filled out and signed Form 6. Company Declaration stating that the Bidder does not fall into any of the
    exclusion situations listed below:
    i. has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings
        concerning those matters, or is in any analogous situation arising from a similar procedure provided for in
        national legislation or regulations;
    ii. has been the subject of a judgment for fraud, corruption, involvement in a criminal organization or any other
        illegal activity.

(c) In the case of a consortium:
    i. a copy of the relevant consortium contract, duly filled out by individual Consortium Members Form 6.
         Company Declaration and duly filled out Form 7. Consortium Declaration;
    ii. a Power of Attorney for the consortium representative duly signed by legal representatives of all the
         Consortium members.

(d) Annual balance sheet and Profit/Loss Account of the Bidder for the previous consecutive three years (2006,
    2007 and 2008) – copies certified by the candidate, each member of the consortium.

(e) Document for certification of the Quality Management System under ISO 9000.

(f) A detailed description of the technical parameters of the ICT equipment in accordance with the Technical
    Specifications and Requirements (Annex II) duly included in Form 1. Technical Specifications and in the
    Bidder’s Draft Service Level Agreement for Onsite Warranty Hardware Support Services of ICT equipment and
    in the Bidder’s Draft Service Level Agreement for Software Support Services.

(g) A list of the User Documentation and Warranty and Maintenance Documentation for the 11 ICT equipment
    items duly included in Form 3. ICT Equipment Documentation and electronic copies of this documentation
    included on a CD(s).

(h) Documentary proof that the Bidder has at least 15 certified IT support staff who will be available for the
    delivery, installation and for the warranty support, where at least 5 of these 15 IT support staff shall be certified
    by the manufacturer to support the ICT equipment and a minimum of 5 shall be Microsoft Certified.

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    Documentary proof that the Bidder has another 15 IT support staff that will be available for the provision of
    onsite software support services. A minimum of 5 of these IT support staff shall be Microsoft Certified. All
    certified IT support staff listed by the Bidder shall possess valid certificates and the Bidder undertakes to update
    these certificates on a periodic basis upon request from UNDP. Hard copies of the CV and the valid relevant
    certificate(s) for each employee in the two lists above shall be submitted by the Bidder. The Bidder shall also
    submit documentary proof that the listed certified employees are personnel of the Bidder and will be available
    to support the offered ICT equipment for the period of the Contract.

(i) Declaration of Conformity from the Manufacturer for the parameters for each ICT equipment item proposed by
    the Bidder (a copy signed and sealed by the Bidder stating: ‘True to the Original’).

(j) Declaration from the Manufacturer that the Manufacturer shall provide the requested warranty (as indicated in
    the Technical Specifications) for the laptops, desktops and servers offered by the Bidder (an original copy
    signed and sealed by the Manufacturer shall be provided).

(k) Valid Authorization from the Manufacturer to the Bidder to sell and deliver the offered laptops, desktops,
    servers, all printers and projectors (a copy signed and sealed by the Bidder stating: ‘True to the Original’).

(l) Valid Authorization from the Manufacturer to the Bidder to support the offered laptops, desktops, servers and
    all printers (a copy signed and sealed by the Bidder stating: ‘True to the Original’).

(m) Documentary proof that the Bidder has a minimum of six service support centers with at least two dedicated
    staff members in each center. The documentary proof shall include the following minimum information: names
    and addresses of each of the six service support centers and a list with the names of the Bidder’s employees
    dedicated to each service support center. UNDP reserves the right to verify the truthfulness of the submitted
    documentary proof.

(n) Bid Security pursuant to Clause 12 of the Instructions to Bidders.

10. Bid Currencies/Bid Prices
    All prices shall be quoted in USD. The Bidder shall indicate the unit prices on I. Price Schedule for the Delivery
    and Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite
    Setup of the ICT Equipment Packages, and the unit prices on II. Price Schedule for Software Support Services.

    The III. Bid Price comprises of the Total Price for the Delivery and Onsite Warranty Hardware Support of ICT
    Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment Packages, and the
    Total Price for Onsite Software Support Services.

    All prices shall be quoted without VAT.

11. Period of Validity of Bids
    Bids shall remain valid for 120 days after the date of Bid Submission prescribed by UNDP pursuant to Clause
    15 of the Instructions to Bidders. A Bid valid for a shorter period may be rejected as non-responsive. In
    exceptional circumstances, UNDP may solicit the Bidder’s consent to an extension of the period of validity. The
    request and the responses thereto shall be made in writing. Bidders granting the request will not be required nor
    permitted to modify their Bids.

12. Bid Security
(a) The Bidder shall furnish as part of its Bid a Bid Security to UNDP in the amount of USD 250,000.

(b) The Bid Security is to protect UNDP against the risk of the Bidder’s conduct which would warrant the
    security’s forfeiture, pursuant to Clause 12(g) below.

(c) The Bid Security shall be denominated in USD and shall be in the form of bank guarantee issued by a reputable
    bank, and in the form provided in these Solicitation Documents – Form 5. Bid Security.



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(d) Any Bid not secured in accordance with Clauses 12 a) and 12 c) above will be rejected by UNDP as non-
    responsive pursuant to Clause 20.1 of the Instructions to Bidders.

(e) Unsuccessful Bidder Bid Security will be discharged or returned as promptly as possible, but not later than
    thirty (30) days after the expiration of the period of Bid Validity prescribed by UNDP pursuant to Clause 11 of
    the Instructions to Bidders.

(f) The successful Bidder’s Bid Security will be discharged or returned upon the Bidder signing:
         - the Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment
             Items, pursuant to clause 24 of Instructions to Bidders, and furnishing the Performance Bank
             Guarantee, pursuant to clause 25.1 of Instructions to Bidders.

    or upon the Bidder signing

         -    the Contract for Delivery, Installation and Onsite Warranty Hardware Support, and Software Support
              Services for ICT Equipment Items pursuant to clause 24 of Instructions to Bidders, and furnishing the
              Performance Bank Guarantee, pursuant to clause 25.2 of Instructions to Bidders.

(g) The Bid Security may be forfeited:

    If a Bidder withdraws its offer during the period of the Bid Validity specified by the Bidder on the Bid
    Submission Letter, or in the case of a successful Bidder, if the Bidder fails:

         -    to sign the Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT
              Equipment Items in accordance with Clause 24 of Instructions to Bidders, or
         -    to sign the Contract for Delivery, Installation and Onsite Warranty Hardware Support, and Software
              Support Services for ICT Equipment Items in accordance with Clause 24 of Instructions to Bidders,
              or
         -    to furnish Performance Bank Guarantee in accordance with Clause 25.1 of Instructions to Bidders
              (prior to Contract signature), or
         -    to furnish Performance Bank Guarantee in accordance with Clause 25.2 of Instructions to Bidders
              (prior to Contract signature).

D. SUBMISSION OF BIDS

13. Format and Signing of Bids
    The Bidder shall prepare two hardcopies of the Bid, clearly marking each “Original Bid” and “Copy of Bid” as
    appropriate as per Clause 14 of the Instructions to Bidders. The Bidder shall also submit the following forms
    electronically on CD(s) using the electronic templates provided by UNDP (available for download on
    www.glbulgaria.bg and www.undp.bg):

        Form 2. Technical Specifications
        Form 3. Price Schedule
        Form 4. ICT Equipment Documentation

    The Bidder shall also submit electronically on the CD(s), in accordance with the Bidder’s formats, and the
    requirements of the present solicitation package, the following documents:

        Draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items
        Draft Service Level Agreement for Software Support Services for ICT Equipment Items

    In the event of any discrepancy between the “Original Bid”, “Copy of Bid” and the electronic forms on the
    CD(s), the “Original Bid” shall govern. The two hardcopies of the Bid (“Original Bid” and “Copy of Bid”) shall
    be typed or written in indelible ink and shall be signed by the Bidder or a person(s) duly authorized to bind the
    Bidder to the contract. A Bid shall contain no interlineations, erasures, or overwriting except, as necessary to


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     correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons
     signing the bid.

     Bidders shall submit a Price Schedule (as per Form 3) consisting of the following components:
I.       Price Schedule for the Delivery and Onsite Warranty Hardware Support of ICT Equipment and Provision
         of Services for Installation and Onsite Setup of the ICT Equipment Packages;
II.      Price Schedule for Software Support Services;
III.     Bid Price.

14. Sealing and Marking of Bids
(a) The Bidder shall seal the original and the copy of the Bid in separate envelopes, duly marking the envelopes as
    “Original Bid” and “Copy of Bid”. Bid Submission contents shall follow the sequence listed below in Clause
    14(b) and Clause 14(c). All pages of the hard copies (“Original Bid” and “Copy of Bid”) shall be duly
    numbered and signed by the Bidder. The page numbering shall be sequential for the entire Bid Submission.

(b) The “Original Bid” envelope contains the following original documents:

     i.    Original hard copy of the Bid Submission Letter duly signed and sealed by the Bidder or by its authorized
           representative(s);

     ii.   Original hard copies of the following forms:

           Form 1. Bidder Profile and Professional Experience;
           Form 2. Technical Specifications;
           Form 3. Price Schedule;
           Form 4. ICT Equipment Documentation;
           Form 5. Bid Security;
           Form 6. Declaration;
           Form 7. Consortium Declaration.

           All Bidders (Companies and Consortiums) submit duly filled out and signed Forms 1 – 6. Form 6 is duly
           filled out and signed by Companies bidding individually and by Companies bidding as members of
           Consortiums. Bidding Consortiums also submit duly filled out and signed Form 7.

The Bidder shall also submit, in accordance with the Bidder’s formats, and the requirements of the present
solicitation package, the following documents:

           Draft Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items
           Draft Service Level Agreement for Software Support Services for ICT Equipment Items

     iii. Original hard copies of the following documents:

Legal Status
   - For Bulgarian legal entities or sole traders - Court and VAT registration, BULSTAT registration or certificate
        from the Commercial Register under Art. 23 of the Bulgarian Commercial Register Act. For foreign persons –
        certificates for incorporation under the law of the country in which the candidate is established.
   - The Certificate of the current legal status/registration of the Bidder issued by the competent authority
        certificates for incorporation under the law of the country in which the Bidder is established not earlier than
        three months of date of submission of the Bid.
   - Documentary proof under the law of the country in which the Bidder is established, to show that the Bidder
        does not have unfulfilled obligations relating to the payment of social security contributions or the payment of
        taxes in accordance with the legal provisions of the country where they are established.
   - Documentary proof under the law of the country in which the Bidder is established, to show that it is not
        bankrupt or being wound up/having its affairs administered by the courts.



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Duly filled out and signed Form 6. Company Declaration stating that the Bidder does not fall into any of the exclusion
situations listed below:
     - has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings
          concerning those matters, or is in any analogous situation arising from a similar procedure provided for in
          national legislation or regulations;
     - has been the subject of a judgment for fraud, corruption, involvement in a criminal organization or any other
          illegal activity;

In the case of a consortium:
     - a copy of the relevant consortium contract, duly filled out by individual Consortium Members Form 6.
          Company Declaration and duly filled out Form 7. Consortium Declaration;
     - a Power of Attorney for the consortium representative duly signed by legal representatives of all the
          Consortium members;

Annual balance sheet and Profit/Loss Account of the Bidder for the previous consecutive three years (2006, 2007 and
2008) – copies certified by the candidate, each member of the consortium.

Document for certification of the Quality Management System under ISO 9000.

    iv. Original hard copies of the following documents establishing the Bidder’s qualifications and conformity to
        bidding documents:

    -    User Documentation;

    -    Warranty and Maintenance Documentation;

    -    Documentary proof that the Bidder has at least 15 certified IT support staff who will be available for the
         delivery, installation and for the warranty support, where at least 5 of these 15 IT support staff shall be
         certified by the manufacturer to support the ICT equipment and a minimum of 5 shall be Microsoft
         Certified employees.

         Documentary proof that the Bidder has another 15 IT support staff that will be available for the provision
         of onsite software support services. A minimum of 5 of these IT support staff shall be Microsoft Certified.

         Hard copies of the CV and the valid relevant certificate(s) for each employee in the two lists above shall be
         submitted by the Bidder. The Bidder shall also submit documentary proof that the listed certified
         employees are personnel of the Bidder and will be available to support the offered ICT equipment for the
         period of the Contract;

    -    Declaration of Conformity from the Manufacturer(s) for the parameters for each ICT equipment item
         proposed by the Bidder (a copy signed and sealed by the Bidder stating: ‘True to the Original’);

    -    Declaration from the Manufacturer(s) that the Manufacturer(s) shall provide the requested warranty (as
         indicated in the Technical Specifications) for the laptops, desktops and servers offered by the Bidder (an
         original copy signed and sealed by the Manufacturer(s) shall be provided);

    -    Valid Authorization from the Manufacturer(s) to the Bidder to sell and deliver the offered laptops,
         desktops, servers, all printers and projectors (a copy signed and sealed by the Bidder stating: ‘True to the
         Original’);

    -    Valid Authorization from the Manufacturer(s) to the Bidder to support the offered laptops, desktops,
         servers and all printers (a copy signed and sealed by the Bidder stating: ‘True to the Original’);

    -    Documentary proof that the Bidder has six service support centers with at least two dedicated staff
         members in each center. The documentary proof shall include the following minimum information: names
         and addresses of each of the six service support centers and a list with the names of the Bidder’s employees

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          dedicated to each service support center. UNDP reserves the right to verify the truthfulness of the submitted
          documentary proof;

(c) The “Copy of Bid” envelope contains copies of all original documents listed in Clause 14 (b) and the CD(s)
    specified in Clause 13.

The “Original Bid” envelope and the “Copy of Bid” envelope shall then be sealed in an outer envelope.

(d) The “Original Bid” envelope, the “Copy of Bid” envelope and the outer envelope shall:

    i.    be addressed to UNDP at the address given in the Invitation to Bid of these Solicitation Documents;

    ii.   make reference to the “subject” indicated in the Invitation to Bid of these Solicitation Documents, and a
          statement: “DO NOT OPEN BEFORE”, to be completed with the time and the date specified in the
          Invitation to Bid of these Solicitation Documents for Bid Opening pursuant to Clause 15 of the Instructions
          to Bidders.

(e) The “Original Bid” envelope, the “Copy of Bid” envelope and the outer envelope shall also indicate the name
    and address of the Bidder to enable the Bid to be returned unopened in case it is declared “late”.

(f) If the outer envelope is not sealed and marked as required by Clause 14(d) of the Instructions to Bidders, UNDP
    will assume no responsibility for the Bid’s misplacement or premature opening.

15. Deadline for Submission of Bids/Late Bids
(a) Bids must be delivered to the mailing address on or before the date and time specified in the Invitation to Bid of
    these Solicitation Documents;

(b) UNDP may, at its discretion, extend this deadline for the submission of the bids by amending the Bidding
    Documents in accordance with Clause 7 of the Instructions to Bidders, in which case all rights and obligations
    of UNDP and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended;

(c) Any Bid received by UNDP after the Deadline for Submission of Bids will be rejected and returned unopened
    to the Bidder.

16. Modification and Withdrawal of Bids
    The Bidder may withdraw its Bid after submission, provided that written notice of the withdrawal is received by
    UNDP prior to the deadline for submission. No Bid may be modified after passing of the Deadline for
    Submission of Bids. No Bid may be withdrawn in the interval between the Deadline for Submission of Bids and
    the expiration of the Period of Bid Validity.

E. OPENING AND EVALUATION OF BIDS

17. Opening of Bids
(a) UNDP will open all Bids in the presence of Bidders’ Representatives who choose to attend on 23 April 2010, at
    14:00 p.m., at the following address: 25 Khan Krum Street, Sofia 1040, Bulgaria. The Bidders’ Representatives
    who are present shall sign a register evidencing their attendance.

(b) The Bidders’ names, Bid Modifications or withdrawals and the presence or absence of any other details as
    UNDP, at its discretion, may consider appropriate, will be announced at the opening. No Bid shall be rejected at
    Bid Opening, except for Late Bids, which shall be returned unopened to the Bidder pursuant to Clause 15(c) of
    the Instructions to Bidders.

(c) Bids (and modifications sent pursuant to Clause 16 of Instructions to Bidders) that are not opened and read out
    at Bid Opening shall not be considered further for evaluation, irrespective of the circumstances. Withdrawn
    Bids will be returned unopened to the Bidders.



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(d) UNDP will prepare minutes of the Bid Opening.

18. Clarification of Bids
    To assist in the examination, evaluation and comparison of Bids UNDP may at its discretion ask the Bidder for
    clarification of its Bid. The request for clarification and the response shall be in writing and no change in price
    or substance of the Bid shall be sought, offered or permitted.

19. Preliminary Examination
Prior to the Evaluation of the Bids, UNDP will check the availability of all documents (pursuant to Clause 9 and
Clause 14 of the Instructions to Bidders) submitted by the Bidder which will be used in determining the
completeness of each Bid.

20. Evaluation of Bids
    The evaluation of Bids shall comprise of the following steps:

20.1. Step 1. Administrative Responsiveness
    An administratively responsive Bid is one which is duly signed, contains all documents pursuant to Clause 14 of
    the Instructions to Bidders and each document is compliant with the requirements of Clause 9 of the
    Instructions to Bidders. A Bid determined as administratively not responsive will be rejected by UNDP and may
    not subsequently be made responsive by the Bidder by correction of the non-conformity.

20.2. Step 2. Technical Responsiveness
    A technically responsive Bid is one which fully complies with the Technical Specifications and Requirements
    (Annex II). Technical responsiveness of the Bid is evaluated on the basis of the information provided by the
    Bidder in Form 2. Technical Specifications, the Draft Service Level Agreement for Onsite Warranty Hardware
    Support of ICT Equipment Items and the Draft Service Level Agreement for Software Support Services for ICT
    Equipment Items. A Bid determined as technically not responsive will be rejected by UNDP and may not
    subsequently be made responsive by the Bidder by correction of the non-conformity.

20.3. Step 3. Price Comparison
    All technically responsive Bids shall be compared in terms of price, according to the Price Schedule provided
    by the Bidders.

    UNDP reserves the right to consider successful either:

(a) The technically responsive Bidder offering the lowest Bid Price as per I. Price Schedule for the Delivery and
    Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite
    Setup of the ICT Equipment Packages, or

(b) The technically responsive Bidder offering the lowest III. Bid Price (I. Price Schedule for the Delivery and
    Onsite Warranty Hardware Support of ICT Equipment and Provision of Services for Installation and Onsite
    Setup of the ICT Equipment Packages and II. Price Schedule for Software Support Services).

20.4. In case of computational and arithmetical errors, these will be rectified on the following basis: If there is a
discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the
unit price shall prevail and the total price shall be corrected. If the Bidder does not accept the correction of errors, its
Bid will be rejected. If there is a discrepancy between words and figures the amount in words will prevail.

F. AWARD OF CONTRACT

21. Award Criteria
21.1. UNDP will issue either:

(a) A Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items to the
    lowest priced technically qualified Bidder pursuant to Clause 20.3(a), or



                                                                                                                         10
(b) A Contract for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items, and
    Software Support Services for ICT Equipment Items to the lowest priced technically qualified Bidder pursuant
    to Clause 20.3(b).

21.2. UNDP reserves the right to accept or reject any Bid, to annul the solicitation process and reject all Bids at any
time prior to award of Contract, without thereby incurring any liability to the affected Bidder(s) or any obligation to
provide information on the grounds for UNDP’s action.

22. UNDP’s Right to Vary
(a) During the execution of the Contract, by approving the Delivery Plan for each Phase UNDP reserves without
    any change in unit price or other terms and conditions:
    i. the right to decrease by up to 20 % of the quantity of individual ICT equipment items ordered;
    ii. the right to increase the quantity of individual ICT equipment items ordered but not exceeding with more
        than 20% the Total Price under I. Price Schedule for the Delivery and Onsite Warranty Hardware Support
        of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment
        Packages according to the Contract (without VAT).

(b) During the execution of the Contract UNDP reserves, without any change in the monthly rate or other terms and
    conditions:
    i. the right to decrease by up to 20 % the quantity of the eligible ICT equipment items within the category of
        software support service as contracted;
    ii. the right to increase the quantity of the eligible ICT equipment items within the category of software
        support service and/or to extend the duration of individual software support service as contracted by
        applying the Unit Price (monthly rate) offered in II. Price Schedule for Software Support Services but not
        exceeding with more than 20%.the Total Price under II. Price Schedule for Software Support Services
        according to the Contract (without VAT).

(c) In the event of any advantageous technical changes and/or downward pricing of the products or services during
    the duration of the Contract, the Contractor shall notify UNDP immediately. UNDP shall consider the impact of
    any such event and may request an amendment of the Contract.

23. Notification of Award
    Prior to the expiration of the period of Bid Validity, UNDP will send the successful Bidder either the Contract
    for Delivery, Installation and Onsite Warranty Hardware Support of ICT Equipment Items (Clause 21.1(a) of
    the Instructions to Bidders) or the Contract for Delivery, Installation and Onsite Warranty Hardware Support,
    and Software Support Services for ICT Equipment Items (Clause 21.1(b) of the Instructions to Bidders), which
    may only be accepted by the Contractor’s signing and returning an acknowledgement copy of them. Acceptance
    of the Contract shall effect agreements between the parties whose rights and obligations shall be governed
    solely by the terms and conditions of the Contract.

24. Signing of the Contract
    Within 10 business days of receipt of the Contract the successful Bidder shall sign, date and return them to
    UNDP.

25. Performance Bank Guarantee
    25.1. Performance Bank Guarantee for the Delivery, Installation and Onsite Warranty Hardware
    Support of ICT Equipment Items
    The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in
    the amount of 10% of the Total Price under the Price Schedule (I) without VAT via a Performance Bank
    Guarantee Form (Annex VI. Form 8A) provided for in these Solicitation Documents issued by a reputable bank,
    within 15 business days of receipt of notice for the award of the Contract from UNDP.

    The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any
    Contractor’s failure to complete its obligations for delivery, installation and onsite warranty hardware support
    of ICT equipment items and other warranty obligations under the Contract.



                                                                                                                    11
    After satisfactory delivery, installation and acceptance of the ICT equipment scheduled for Phase One and
    Phase Two, upon UNDP discretion, the Performance Bank Guarantee may be reduced to 7% of the Total Price
    under the Price Schedule (I) VAT to cover the Contractor's obligations for delivery and installation of the ICT
    equipment items scheduled for Phase Three and onsite warranty hardware support and other warranty
    obligations for all delivered ICT equipment items in accordance with the Contract.

    After satisfactory delivery, installation and acceptance of all ICT equipment, upon UNDP discretion the
    Performance Bank Guarantee may be reduced to 5% of the Total Price under the Price Schedule (I) without
    VAT to cover the Contractor's obligations for onsite warranty hardware support and other warranty obligations
    for all delivered ICT equipment items in accordance with the Contract.

    After the expiration of the duration of the Contract, upon UNDP discretion the Performance Bank Guarantee
    may be reduced to 2% of the Total Price under the Price Schedule (I) to cover the Contractor's obligations for
    onsite warranty hardware support and other warranty obligations for all delivered ICT equipment items in
    accordance with the Contract, which will survive the expiration of the Contract’s duration.

    The Performance Bank Guarantee shall be valid until 30 days from the date of expiration of the latest warranty
    provided for the equipment delivered under the Contract.

    25.2. Performance Bank Guarantee for the Provision of Software Support Services
    The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in
    the amount of 10% of the Total Price under the Price Schedule (II) without VAT via a Performance Bank
    Guarantee Form (Annex VI. Form 8B) provided for in these Solicitation Documents issued by a reputable bank,
    within 15 business days of receipt of notice for the award of the Contract from UNDP.

    The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any
    Contractor’s failure to complete its obligations for provision of the software support services under the
    Contract.

    The Performance Bank Guarantee shall be valid until 30 days from date of the approval of final report on the
    provision of the software support services according to the Contract.

26. Annulment of Award
    Failure of the successful Bidder to comply with the requirement of Clause 24 and/or the Performance Bank
    Guarantee Requirement of Clause 25 of the Instructions to Bidders shall constitute sufficient grounds for the
    annulment of the award and forfeiture of the Bid Security, in which event UNDP may make the award to the
    next lowest priced evaluated Bidder or call for new Bids.

27. Further Information
    UNDP reserves the right to change or cancel this procurement process or any of its requirements at any time
    during the process. Such actions by UNDP will either be posted publicly or directly communicated to all
    participants in the process, as appropriate.




                                                                                                                12
                                                                                                         Annex II

             TECHNICAL SPECIFICATIONS AND REQUIREMENTS

GENERAL INFORMATION
The Glob@l Libraries – Bulgaria Program promotes the modernization of libraries throughout the country, thus
helping Bulgarians integrate into the global information society. By end-2013, the program shall enable the use of
ICT equipment and Internet by visitors at 900 public libraries in large and small towns and villages countrywide.
Approximately 3,000 librarians will be trained in computer literacy, library service delivery and library
management. The program will strive to include in its activities an additional 700 libraries. Through the support of
the program, libraries are expected to expand their activities, to become more attractive places for visitors and to
play an important local development role.
Target libraries will be selected for inclusion in the program in three phases. Phase One will be carried out in the
second quarter of 2010, Phase Two will be carried out in the fourth quarter of 2010 and Phase Three in the middle
of 2011. Each phase envisages the inclusion of libraries, abiding by the guidelines of balanced geographical
spread. This factor envisages the inclusion of libraries from district and municipality centers, as well as from
scarcely populated (non-communicative) areas.
The minimum requirement for Internet connection bandwidth per library is 512 Kbit/s.
Further information on the Glob@l Libraries – Bulgaria Program is available on www.glbulgaria.bg.


I. TECHNICAL SPECIFICATIONS OF ICT EQUIPMENT FOR 900 PUBLIC LIBRARIES

1.   PROCUREMENT OF ICT EQUIPMENT
With this Invitation to Bid UNDP seeks for a Contractor to carry out Delivery, Installation and Support of ICT
Equipment for 900 Target Libraries under the Glob@l Libraries - Bulgaria Program. On 14 October 2009, 455
libraries were approved by the Global Libraries - Bulgaria Program Board for Phase One (the full list of approved
libraries and an interactive map of the libraries list is available on http://glbulgaria.bg/en/page.php?c=39). For
Phase Two and Phase Three the remaining 445 libraries will be approved at a later stage.
The ICT equipment that will be procured to the selected libraries is classified in 6 ICT packages as per Table 1.
Table 1. Details of Library ICT Equipment Packages

                                                                            Total       Phase    Phase    Phase
         ICT Package                  ICT Equipment Package              Number of       One     Two      Three
                                                                          Libraries
                                                                          per ICT
                                                                         Equipment
                                                                          Package
 1: District Libraries (27 in     1 Laptop
 total)                           24 Desktops
                                  1 Server
                                  1 Color Printer
                                                                              27          27       0        0
                                  1 Multifunctional Printer Type A
                                  1 Projector, screen and stand
                                  1 Router
                                  2 Switches Type C
 2: Chitalishte* and municipal    1 Laptop
 libraries in settlements with    13 Desktops
                                                                              57          42       10       5
 population above 5,000           1 Color Printer
 people and available space       1 Multifunctional Printer Type A

                                                                                                                    13
 for ICT equipment of at least    1 Projector, screen and stand
 36 sq. m.                        1 Router
                                  1 Switch Type C
 3: Chitalishte libraries in      1 Laptop
 settlements with population      6 Desktops
 between 2,000 – 5,000            1 Multifunctional Printer Type B
                                                                         90         88         2      0
 people and available space       1 Projector, screen and stand
 for ICT equipment of at least    1 Router
 24 sq.m.                         1 Switch Type B
 4: Chitalishte libraries in      5 Desktops
 settlements with population      1 Multifunctional Printer Type B
 between 1,000 – 2,000            1 Projector, screen and stand
                                                                        190         128      36       26
 people and available space       1 Router
 for ICT equipment of at least    1 Switch Type B
 18 sq.m.
 5: Chitalishte libraries in      ICT Equipment Package 5A:
 settlements with population      4 Desktops
 below 1,000 people and           1 Multifunctional Printer Type B      123         25       58       40
 available space for ICT          1 Router
 equipment of at least 12 sq.     1 Switch Type A
 m                                ICT Equipment Package 5B:
                                  3 Desktops
                                  1 Multifunctional Printer Type B
                                                                        300         110     100       90
                                  1 Projector, screen and stand
                                  1 Router
                                  1 Switch Type A
 6: Libraries with space from     3 Desktops
 6 to 11 sq. m. (all libraries    1 Multifunctional Printer Type B
 whose available space for        1 Router                              113         35       41       37
 ICT equipment is under 12        1 Switch Type A
 sq.m.)

                                                 GRAND TOTALS           900         455     247      198

* The chitalishte are a unique Bulgarian phenomenon, which dates back to the 19th century. Initially organized
and supported by their communities as libraries, reading-rooms and social spaces, with time the chitalishte
developed as local educational and cultural institutions

2.   TECHNICAL SPECIFICATIONS AND QUANTITIES OF ICT EQUIPMENT ITEMS
All quantities per ICT equipment item (Table 2) shall have identical parameters (including the relevant product
number). ICT equipment items shall be produced by a single manufacturer as indicated in Table 2 below.

            Table 2. Total Quantities per ICT Equipment Item and Manufacturing Requirements
                    No                 ICT Equipment Item                    Quantity
                           ICT Equipment Items 1, 2 and 3 shall be produced by a single
                                                    manufacturer
                       1    Laptop                                                       174
                       2    Desktop                                                     4610
                       3    Server                                                        27
                           ICT Equipment Items 4, 5 and 6 shall be produced by a single
                                                   manufacturer
                       4    Color Printer                                                 84
                       5    Multifunctional Printer Type A                                84
                       6    Multifunctional Printer Type B                               816


                                                                                                             14
                      7 Projector (including screen with stand)                               664
                      8 Router                                                                900
                       ICT Equipment Items 9, 10 and 11 shall be produced by a single
                                                manufacturer
                      9 Switch Type A                                                         536
                     10 Switch Type B                                                         280
                     11 Switch Type C                                                         111

In addition, all quantities per ICT equipment item shall be in accordance with Table 3. Technical Specifications.

                                           Table 3. Technical Specifications

                         General Requirements for All ICT Equipment Items
                           All active (powered) ICT equipment must operate on 220v +/- 20v, 50Hz
 Electrical Power          +/- 2Hz. All active ICT equipment must include power plugs in accordance
                           with the standard in Bulgaria.
                           Unless otherwise specified, all ICT equipment must operate in environments
 Environmental
                           of 10-30°C, 20-80 percent relative humidity, and 0-40 g/m3 of dust
                           Unless otherwise specified, all ICT equipment must operate at noise levels
                           no greater than 45 decibels. All ICT equipment that emits electromagnetic
 Safety
                           energy must be certified as meeting US FCC class B or EN 55022 and EN
                           50082-1 or equivalent, emission standards.
                     Specific Requirements for Individual ICT Equipment Items
            ICT
 No      Equipment                       Parameter                      Parameter Requirement
            Item
  1    Laptop
                                                                 Minimum single processor with two
                           Processor                             cores 2,0 GHz, 64-bit
                           Memory                                Minimum 2GB DDR3
                           Hard Disk Size                        Minimum 120 GB
                           Display size                          Between 15"-16", 1280x800
                           Optical Device                        DVD±RW
                                                                 None or free (Microsoft Windows7
                           Operating System                      will be provided)
                           USB 2.0 slots                         Minimum 3
                           Microphone, Speakers, WEB
                           Camera                                Built-in
                           Microphone connector                  3,5mm
                           Headphones connector                  3,5mm
                           Video Connector                       VGA
                           LAN port and speed                    Integrated RJ-45,10/100
                           Memory card reader                    6in1 or similar
                           Wireless capability                   Minimum integrated 802.11g
                           Bluetooth                             Built-in
                           Caring case                           yes
                           Optical USB mouse                     The same brand as the Laptop
                           Keyboard                              BDS, USB, The same brand as the


                                                                                                                    15
                                                      Laptop

                                                      IT ECO Declaration, CE Mark, RoHS,
                                                      WEEE, Energy Star, IEEE 1680,
                   Certificates                       Microsoft Windows 7 Compatible
                                                      Minimum 3 years from the
                   Warranty                           Manufacturer
          ICT
No     Equipment                  Parameter                 Parameter Requirement
          Item
2    Desktop                                          Minimum single processor with two
                                                      cores 2,5 GHz, Minimum FSB
                   Processor                          1000MHz
                   Memory                             Minimum 3GB, 1000MHz DDR3
                   Hard Disk Size                     Minimum 250 GB 7200rpm
                   Case Size                          Maximum Small Form Factor
                   Power supply                       Maximum 250W PFC
                                                      Minimum 20", Minimum contrast
                                                      1000:1, Refresh 5 ms, TCO, IEEE
                                                      1680, Energy Star, RoHS, The same
                   Monitor                            brand as the Desktop
                   PCI Extension Slots                Minimum 2
                   Optical Device                     Minimum DVD±RW
                                                      None or free (Microsoft Windows7
                   Operating System                   will be provided)
                   Operating System and Peripherals
                   Compatibility                      Microsoft Windows 7
                   USB 2.0 slots                      Minimum 6 (Minimum 2 on the front)
                   Microphone connector               Exactly 3,5mm
                   Headphones connector               Exactly 3,5mm
                                                      Integrated, Support of Directx10,
                   Video controller and connector     Minimum interface VGA or DVI
                   LAN port and speed                 Integrated RJ-45,10/100/1000
                   Optical USB mouse                  The same brand as the Desktop
                                                      BDS, USB, The same brand as the
                   Keyboard                           Desktop
                                                      Web Camera (Microsoft Windows 7
                                                      compatible, cable USB 1.5m, 640x480,
                                                      Clip/Desk Stand), Headphones with
                                                      integrated microphone(3,5mm
                   Peripheral                         connectors)
                   Security                           Case Fixed Locking System
                                                      IT ECO Declaration, CE, RoHS,
                                                      WEEE, Energy Star 5.0, IEEE 1680,
                   Certificates                       Microsoft Windows 7 Compatible
                                                      Minimum 3 years from the
                   Warranty                           Manufacturer
         ICT
No                                Parameter                 Parameter Requirement
      Equipment


                                                                                             16
          Item

3    Server            Minimal Processor Requirements   One processor, Quad-Core, 2.2 GHz
                       Memory                           Minimum 4GB
                       Memory Dimm Slots                Minimum 4
                                                        Minimum 2x136 GB, 7,200rpm, 8Mb
                       Hard disk Drives                 cache
                       Hard disk bays                   Minimum 8
                                                        Minimum 20", Minimum contrast
                                                        1000:1, Refresh 5 ms, TCO, IEEE
                                                        1680, Energy Star, RoHS, The same
                       Monitor                          brand as the Server
                       Installed Operating System       NONE
                       Operating System Compatibility   Microsoft Windows Server 2008
                       Raid Controller                  RAID 0,1,5
                       LAN port and speed               Integrated RJ-45,10/100/1000
                                                        None or free (Microsoft Windows
                       Operating System                 Server 2008 will be provided)
                       Remote management port           Integrated
                       Type                             Tower
                       Optical USB mouse                Yes
                                                        BDS, USB, The same brand as the
                       Keyboard                         Desktop
                       Certificates                     CE, RoHS
                                                        Minimum 3 years from the
                       Warranty                         Manufacturer
          ICT
No     Equipment                      Parameter                 Parameter Requirement
          Item
4    Color Printer     Type                             Color Laser
                       Black print resolution           Minimum 600 X 600 DPI
                       Black Speed                      Minimum 15 sheets/minute
                       Color Print Resolution           Minimum 600 X 600 DPI
                       Color Speed                      Minimum 10 sheets/minute
                       Average Monthly Volume           Minimum 4000 pages
                       Paper input capacity             Minimum 250 sheets
                       USB connection                   Yes
                       Manual feed tray                 Yes
                       Memory                           Minimum 64MB
                       Compatibility                    Microsoft Windows 7
                                                        Minimum 1 year from the
                       Warranty                         Manufacturer
          ICT
No    Equipment                       Parameter                 Parameter Requirement
          Item
5    Multifunctional   Type                             Black and White Laser


                                                                                            17
     Printer Type A    Black print resolution         Minimum 1200x1200 DPI
                       Black Speed                    Minimum 25 sheets/minute
                       Average Monthly Volume         Minimum 12000 pages


                       Paper Input Capacity           Minimum 500 sheets
                       Manual feed tray               Yes
                       Trays                          Minimum 2 + manual feeder
                       Automatic Data Feeder          Minimum 50 sheets
                       Automatic Data Feeder Double
                       Side Scan                      Yes
                       Digital Sending Features       e-mail; folder; fax
                       Network                        10/100Base-TX Ethernet, USB 2.0.
                       Memory                         Minimum 64 MB


                       Automatic two-sided printing   Yes
                                                      Microsoft Windows 7, Microsoft
                       Compatibility                  Server 2008
                                                      Minimum 1 year from the
                       Warranty                       Manufacturer
          ICT
No     Equipment                    Parameter                Parameter Requirement
          Item
6    Multifunctional   Type                           Black and White Laser
     Printer Type B
                       Print resolution               Minimum 600x600 DPI
                       Black Speed                    Minimum 20 sheets/minute
                       Average Monthly Volume         Minimum 8 000 pages
                       Paper Input Capacity           Minimum 250 sheets
                       Manual Feed Tray               Yes
                       Automatic Data Feeder          Yes
                       Digital sending features       e-mail; folder
                       Network                        USB 2.0.
                       Memory                         Minimum 32 MB
                       Automatic two-sided printing   Yes
                       USB connection                 Yes
                       Compatibility                  Microsoft Windows 7
                                                      Minimum 1 year from the
                       Warranty                       Manufacturer
          ICT
No     Equipment                    Parameter                Parameter Requirement
          Item
7    Projector         Contrast                       Minimum 2400:1
                       Resolution                     Minimum 1024 x 768
                       Brightness                     Minimum 2500 ANSI
                       Lamp life                      Minimum 2500h


                                                                                         18
                          Case                                  Yes
                          Connectors                            Minimum VGA, S-Video
                          Projector screen with stand           Dimensions150x150cm,Typefloor
                          requirements                          stand, Portable yes, Case yes
                          Warranty                              Minimum 2 years
            ICT
 No      Equipment                     Parameter                      Parameter Requirement
            Item
  8    Router             WAN port                              RJ45, Ethernet
                          Switch ports at least                 4xRJ45, Ethernet
                          Minimal Features                      NAT, DHCP, Firewall
                          Management                            WEB based
                          Ports standard                        Ethernet 10/100
                          Warranty                              Minimum 2 years
            ICT
 No      Equipment                     Parameter                      Parameter Requirement
            Item
  9    Switch Type A      Exact Number of Ports                 8 ports x RJ45
                          Standard                              Ethernet 10/100
                          Warranty                              Minimum 2 years
            ICT
 No      Equipment                     Parameter                      Parameter Requirement
            Item
 10    Switch Type B      Exact Number of Ports                 16 ports x RJ45
                          Standard                              Ethernet 10/100
                          Warranty                              Minimum 2 years
            ICT
 No      Equipment                     Parameter                      Parameter Requirement
            Item
 11    Switch Type C      Exact Number of Ports                 24 ports x RJ45
                          Standard                              Ethernet 10/100
                          Warranty                              Minimum 2 years

The Manufacturer(s) shall be able to provide periodic updates of the firmware, drivers and software updates for all
ICT equipment items from a relevant website(s).




                                                                                                                19
II. REQUIREMENTS FOR ONSITE WARRANTY HARDWARE SUPPORT OF ICT EQUIPMENT

1.    Onsite Warranty Hardware Support
1.1   The onsite warranty hardware support services of ICT equipment during the warranty period will be provided as
      per the Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items, if otherwise
      not provided in the Special Conditions for Delivery, Installation and Onsite Warranty Hardware Support of the
      ICT Equipment Items or in the General Terms and Conditions for Goods.

1.2   The Service Level Agreement for Onsite Warranty Hardware Support of ICT Equipment Items will be agreed by
      the Contractor and UNDP prior to issuing the Contract and will become an integral part of the Contract.

1.3   The Contractor shall propose a draft Service Level Agreement for Onsite Warranty Hardware Support of ICT
      Equipment Items according to the following requirements:

      (a)   The warranty support of the ICT equipment will begin after signature of the acceptance protocols for
            each package and will end not before the expiry of minimum warranty period for each item in the
            package as specified in the Technical Specification.

      (b)   The onsite warranty hardware support of the ICT equipment will be available: from 09:00 hrs to 17:30
            hrs during business days.

      (c)   If, during the warranty support period, any defects are discovered or arise in the normal course of usage
            of the ICT equipment, the Contractor shall remedy the defects within ten (10) business days since their
            registration in the Service Request Management System of the Contractor either by replacement or by
            repair.

      (d)   All ICT equipment failures shall be registered as Service Requests into the Service Request
            Management System (SRMS) owned and supported by the Contractor. The SRMS should offer the
            following communication channels: landline, mobile line, e-mail and Internet. The relevant SRMS
            communication channel will be selected by each library on a case-by-case basis depending on the
            library communication infrastructure and the communication capabilities of individual library workers.

      (e)   Prior to the beginning of the delivery of ICT equipment to the target libraries, each target library shall
            be registered in the above-mentioned SRMS as a unique account. The full list of accounts and
            passwords of individual target libraries will be provided to the Contractor by UNDP. Through each
            library account, the account holder shall be able to: register, track account and SRMS status, pose
            comments or questions and close the Service Requests created by the account holder.

      (f)   At least five administrative accounts shall be created for UNDP. Each administrative account should be
            able to track and produce aggregated reports on all registered Service Requests, their status and pending
            issues. Within one week after the end of each month, the Contractor shall provide UNDP with a duly
            signed hard copy and electronic version of a monthly report. The monthly report shall contain the total
            number of: registered, closed (solved) and pending service requests as well as all outstanding issues.
            The template of the monthly report will be jointly agreed between UNDP and the Contractor.

III. REQUIREMENTS FOR SOFTWARE INSTALLATION AND ONSITE SETUP OF ICT EQUIPMENT
1. Installation of Software on ICT Equipment
1.1. UNDP shall provide the Contractor with the full list of software (including but not limited to Microsoft
Windows 7; Microsoft Office Products, Microsoft Windows Server 2008) to be installed on all desktops, laptops and
servers by the Contractor, as well as the necessary software licenses in two weeks from the date of Contract
signature, without further costs to UNDP. No specialized software is envisaged to be installed.

1.2. The Contractor shall install the operating system and software from the list mentioned above, as well as all
necessary drivers on a single desktop, laptop and server in order to form sample configurations.


                                                                                                                   20
1.3. The Contractor shall setup the network configuration, computer name and License Keys on each desktop, laptop
and server in accordance with instructions provided by UNDP in writing.

1.4. Upon approval by UNDP, the sample configurations shall become master configurations which shall be used for
creation of images.

1.5. The Contractor shall create two master copies of each image, one for UNDP and one for the Contractor, and
shall copy the master images on all desktops, laptops and servers.

2. Onsite Setup of the ICT Equipment Services
2.1. At each target library as per the Schedule of Delivery for the Phase, without any further cost to UNDP, the
Contractor shall:

i)  be responsible for all unpacking, assembling, wiring, installation, cabling between the ICT equipment items and
    components, as well as the connections to power supplies;
ii) install all the delivered ICT equipment items and setup the network connections and configuration.

IV. REQUIREMENTS FOR SOFTWARE SUPPORT SERVICES
1.     Scope of Work

       The Contractor is expected to provide onsite and helpdesk (call center) support of the software installed on all
       desktops, laptops, servers and rooters delivered by the Contractor including but not limited to:

            For desktops – Microsoft Windows 7, Microsoft Office Products
            For laptops - Microsoft Windows 7, Microsoft Office Products
            For servers - Microsoft Windows Server 2008
            For routers – Firmware and configuration

UNDP shall provide the full list of software. No specialized software is envisaged to be installed.

2.     Requirements for Service Level Agreement for Software Support Services

The Contractor shall propose a draft Service Level Agreement for Software Support Services according to the following
requirements:

     (a) The signature of the Acceptance Protocol will be considered for subscription for software support service
         for each eligible ICT equipment item included in the package;

     (b) The duration of the subscription of individual software support service will be 18 months.

     (c) The software support service should be available: from 09:00 hrs to 17:30 hrs during business days.

     (d) The Contractor shall provide the software support service within ten (10) business days since their
         registration in the Service Request Management System of the Contractor.

     (e) All software issues shall be registered as Service Requests into the Service Request Management System
         (SRMS) owned and supported by the Contractor (could be the same as the one used for registering and
         tracking requests for hardware support). The SRMS should offer the following communication channels:
         landline, mobile line, e-mail and Internet. The relevant SRMS communication channel will be selected by
         each library on a case-by-case basis depending on the library communication infrastructure and the
         communication capabilities of individual library workers.

     (f) Prior to the subscription of the software support service to the target libraries, each target library shall be
         registered in the above-mentioned SRMS as a unique account. The full list of accounts and passwords of

                                                                                                                     21
         individual target libraries will be provided to the Contractor by UNDP. Through each library account, the
         account holder shall be able to: register, track account and SRMS status, pose comments or questions and
         close the Service Requests created by the account holder.

    (g) At least five administrative accounts shall be created for UNDP. Each administrative account should be
        able to track and produce aggregated reports on all registered Service Requests, their status and pending
        issues. Within one week after the end of each month, the Contractor shall provide UNDP with a duly
        signed hard copy and electronic version of a monthly report. The monthly report shall contain the total
        number of: registered, closed (solved) and pending service requests as well as all outstanding issues. The
        template of the monthly report will be agreed by the Contractor and UNDP.

    (h) The Contractor shall provide quarterly reports and final report on the provision of the software support
        services in the format approved by UNDP.

V. REQUIREMENTS FOR IT SUPPORT STAFF QUALIFICATIONS
The Contractor shall maintain at least 15 certified IT support staff who will be available for the delivery, installation
and for the warranty support, where at least 5 of these 15 IT support staff shall be certified by the manufacturer to
support the ICT equipment.

The Contractor shall maintain at least another 15 IT support staff that will be available for the provision of onsite
software support services.

The Contractor shall maintain a minimum of 5 Microsoft Certified IT support staff.

All certified IT support staff listed by the Contractor shall possess valid certificates and the Contractor undertakes to
update these certificates on a periodic basis upon request from UNDP.




                                                                                                                      22
                                                                                                         Annex III

                                          SPECIAL CONDITIONS
I. SPECIAL CONDITIONS FOR THE DELIVERY OF THE ICT EQUIPMENT

1.   Delivery of ICT Equipment

1.1.    Delivery plan
The Contractor shall deliver the ICT equipment according to the Delivery Plan approved for each Phase.
The Delivery Plan shall be prepared for requested ICT equipment for each Phase in the format of Annex VI. Form 9.
Delivery Plan Templates and shall be agreed by the Contractor and UNDP prior to the delivery.

The ICT Equipment Ledger and the Schedule of Delivery shall be approved by the Contractor and UNDP at least
two weeks prior to the beginning of delivery for each respective Phase and shall form an integral part of the
Delivery Plan for each Phase.

The ICT Equipment Ledger shall be prepared in the template as per Annex VI. Form 9. Delivery Plan Templates.
UNDP shall fill out the entire ICT Equipment Ledger except for the Serial Numbers which shall be entered in the
ICT Equipment Ledger by the Contractor. The Contractor shall submit the duly filled out ICT Equipment Ledger for
approval by UNDP.

The Delivery Plan for each Phase shall take into consideration the following timeframe and milestones:
i) ICT equipment packages as specified in Table 1. Details of Library ICT Equipment Packages as per the
     Technical Specifications and Requirements will be delivered in their entirety to each single library at one
     delivery per library.
ii) Delivery Plan for Phase One shall be signed by both parties on the date of signing the Contract.
iii) Delivery of ICT equipment for Phase One shall start not later than 6 weeks from the date of signature of the
     Delivery Plan for Phase One and shall be completed within 18 weeks from the date of signature of the Delivery
     Plan for Phase One.
iv) The Contractor shall sign the Delivery Plan for Phase Two and Phase Three within five (5) business days of
     receipt of the Delivery Plan for the respective Phase from UNDP.
v) Deliveries of ICT equipment for Phase Two and Phase Three shall start not later than 4 weeks after signing the
     Delivery Plan for the respective Phase. Deliveries for Phase Two and Phase Three shall be completed within 8
     weeks from the date of the signature of the Delivery Plan for the respective Phase.

1.2.      Packing
The Contractor shall provide such packing of the ICT equipment items as is required to prevent their damage or
deterioration during transit to their final destination as indicated in the Contract. The packing shall be sufficient to
withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and
precipitation during transit and open storage. Packing case size and weights shall take into consideration, where
appropriate, the remoteness of the ICT equipment items final destination and the absence of heavy handling facilities at
all points in transit.

The packing, inventory marking and documentation within and outside the packages shall comply strictly with the
special requirements as shall be expressly provided for in the Contract in accordance with the Technical
Specifications and Requirements, including additional requirements, if any, and in any subsequent instructions
provided by UNDP.

The Contractor shall label each ICT equipment item with the respective property ledger number according to the
ICT Equipment Ledger attached to the Delivery Plan prior to delivery of the ICT equipment packages in each library
without further costs to UNDP.




                                                                                                                     23
All ICT equipment items shall be prepared for delivery in completely assembled units or component parts to
facilitate handling and field assembly. All small and loose parts and miscellaneous materials shall be prepared for
delivery in a manner that will prevent loss and damages and permit ready and complete identification.

1.3.      Transportation
The Contractor is required to deliver the ICT equipment items to the target libraries approved by the Global Libraries -
Bulgaria Program Board (the full list of approved libraries and an interactive map of the libraries list is available on
http://glbulgaria.bg/en/page.php?c=39). The delivery will be carried out in three phases following the approved
Delivery Plan for each phase – for Phase One up to 455 libraries, for Phase Two and Phase Three up to 445 libraries,
which will be approved at a later stage (further information on the Glob@l Libraries – Bulgaria Program is available
on www.glbulgaria.bg).
Transportation of the ICT equipment items to these destinations shall be specified in the Delivery Plan and shall be
arranged and paid for by the Contractor, and the cost thereof shall be included in the Contract Price.

2. Acceptance of the ICT Equipment

2.1.     Inspection prior to the dispatch of ICT equipment to target libraries
Before the dispatch of ICT equipment to target libraries, UNDP shall have a reasonable time to inspect the ICT
equipment for conformity with the Technical Specifications. As a result of the inspection, UNDP may release the
ICT equipment for dispatch to the target libraries. This inspection does not relieve the Contractor from its
contractual obligations.

2.2.     Handover of the ICT equipment items at each target library
At each target library, the ICT equipment items, quantities and serial numbers shall be inspected in the presence of
the Contractor by authorized UNDP experts against the relevant ICT equipment package per library in accordance
with the Technical Specifications and the Delivery Plan. A handover checklist for each package shall be signed by
the Contractor and authorized UNDP experts.

2.3.      Refusal to accept the delivered ICT equipment
Should any tested ICT equipment item fails to conform to the Technical Specifications or is not delivered in its
entirety as part of an ICT equipment package or fails the operational acceptance testing, UNDP may refuse or reject
the delivered ICT equipment package. In any of these cases, the Contractor shall either replace the non-conforming
ICT equipment item or make alterations to this item to render the ICT equipment package to its entirety free of
charge to UNDP.

3.   Insurance, Warranty and Spare Parts

3.1.      Insurance
The Contractor undertakes to insure the ICT equipment delivered under the Contract through a reputable insurance
company in Bulgaria against loss or damage incidental to manufacture or acquisition, transportation, storage and
delivery for the amount of the total cost of the ICT equipment under the Contract. The insurance shall be valid up to the
point when the handover checklist for ICT equipment for each individual target library is signed by the Contractor and
by authorized UNDP experts.

3.2.     Warranty obligations
The support services of ICT equipment during the warranty period will be performed according to the Service Level
Agreement for Warranty Support Services of ICT equipment, if otherwise not provided in these Special Conditions for
delivery, installation and onsite warranty hardware support of the ICT equipment or in the General Terms and
Conditions for Goods.

The warranty support services of the ICT equipment shall begin after signature of the Acceptance Protocol for each
package and will end not before the expiry of minimum warranty period for each item in the package as per the
Technical Specification.



                                                                                                                      24
The Contractor warrants that the ICT equipment items delivered under the Contract are new, recent or current models
and incorporate recent improvements in design and materials. Under the Contract and fully compensated for by
payment of the Contract’s Price, the Contractor shall establish and maintain the necessary technical, logistical,
staffing, management, and spare parts resources necessary to provide, during the warranty period.

The Contractor further warrants that all ICT equipment items delivered under the Contract shall have no defect arising
from design, materials or workmanship (except insofar as the design or material is required by the UNDP's Technical
Specifications) or from any act or omission of the Contractor, that may develop under normal use of the delivered ICT
equipment items in the conditions obtaining in the country of final destination.

All warranty rules must also cover the full ICT equipment installation process. The Contractor shall provide
warranty for all ICT equipment items for the periods specified in the Technical Specifications.

In case of any claims arising under the warranty, the Contractor shall be notified via the Service Request
Management System. Upon receipt of such Service Request, the Contractor shall, with all reasonable speed, repair
or replace the defective ICT equipment items or parts thereof (including onsite warranty hardware support), without
further costs to UNDP. If the Contractor, having been notified, fails to remedy the defect(s) within the specified
period, UNDP may proceed to take such remedial action as may be necessary, at the Contractor's risk and expense
and without prejudice to any other rights which UNDP may have against the Contractor under the Contract.

If, during the warranty period, any defects are discovered or arise in the normal course of usage, the Contractor shall
remedy the defect within ten (10) business days (since the registration of service request) either by replacement or
by repair.

If an ICT equipment item malfunctions in substantially the same way three (3) times, registered in the Service
Request Management System of the Contractor from the logging of the third Service Request, within ten (10)
business days the malfunctioning item shall be replaced with an equivalent new item or with a new item of superior
functionality and performance from the original manufacturer.

In case of replacement of malfunctioning ICT equipment item, a protocol with the identification information for
both the malfunctioning and the new items shall be signed by the Contractor and UNDP. The ownership of the
malfunctioning item shall then revert to the Contractor.

3.3.    Spare parts
The Contractor is required to provide any or all of the following materials and notifications pertaining to spare parts
manufactured or distributed by the Contractor:

        Laptops - power adapter, Hard Disk Drive, memory, battery, keyboard
        Desktops – power supply, Hard Disk Drive, memory, cooler fans, motherboard
        Servers - power supply, Hard Disk Drive, memory, cooler fans, motherboard
        All Printers – drum
        Projectors – lamp

Such spare parts as UNDP may elect to purchase from the Contractor, provided that this election shall not relieve the
Contractor of any warranty obligations under the Contract; and in the event of termination of production of the spare
parts advance notification to UNDP of the pending termination, in sufficient time to permit UNDP to procure needed
requirements.

4.   Acceptance Protocols

Monthly Acceptance Protocols shall be signed by UNDP and by the Contractor in two original copies one for each
party to verify that the corresponding ICT equipment package is delivered in its entirety, installed, operationally
tested and accepted for each individual library on the basis of the handover checklist and the checklist for
operational acceptance test during the month.



                                                                                                                    25
5.   UNDP’s Right to Vary

During the execution of the Contract, by approving the Delivery Plan for each Phase UNDP reserves without any
change in unit price or other terms and conditions:
    i. the right to decrease by up to 20 % of the quantity of individual ICT equipment items ordered;
    ii. the right to increase the quantity of individual ICT equipment items ordered but not exceeding with more
        than 20% the Total Price under I. Price Schedule for the Delivery and Onsite Warranty Hardware Support
        of ICT Equipment and Provision of Services for Installation and Onsite Setup of the ICT Equipment
        Packages according to the Contract (without VAT).


In the event of any advantageous technical changes and/or downward pricing of the Delivery, Installation and Onsite
Warranty Hardware Support of ICT Equipment during the duration of the Contract, the Contractor shall notify
UNDP immediately. UNDP shall consider the impact of any such event and may request an amendment of the
Contract.

6.   Taking-Over Certificate

Upon its own discretion UNDP may issue a Taking-Over Certificate after of expiration of the latest warranty provided
for the equipment delivered under the Contract.


II. SPECIAL CONDITIONS FOR SOFTWARE INSTALLATION ON THE ICT EQUIPMENT AND
ONSITE SETUP SERVICES

1. Inspection prior to the Dispatch of ICT Equipment to Target Libraries

Before the dispatch of ICT equipment to target libraries, UNDP shall have a reasonable time to inspect the copy of the
master images on a sample of desktops, laptops and/or servers. As a result of the inspection UNDP may release the
ICT equipment for dispatch to the target libraries. This inspection does not relieve the Contractor from its
contractual obligations.

2. Operational Acceptance Test

Following the signature of a handover checklist for the ICT equipment package, the operational acceptance testing
shall be performed by the Contractor in the presence of authorized UNDP experts for each ICT equipment item of
the relevant ICT equipment package against a predefined testing procedure provided by UNDP and accepted by the
Contractor. A checklist for operational acceptance test shall be signed by the Contractor and authorized UNDP
experts.

3. Refusal to Accept the Software Installation Services

Should any tested installation of software ICT equipment item fails to conform to the approved Master
configuration, UNDP may refuse or reject the service for respective software installation. In any of these cases, the
Contractor shall re-install the image configuration on the respective ICT equipment item free of charge to UNDP.

4. Refusal to Accept the Onsite Setup Services

Should any tested setup of the ICT equipment package/item fails, UNDP may refuse or reject the service for setup of
the respective ICT equipment package/item. In any of these cases, the Contractor shall re-install and/or re-configure
the respective ICT equipment package/item free of charge to UNDP.

5. Re-scheduling of Operational Tests




                                                                                                                   26
The re-scheduling of the operational test because refusal for acceptance the Service for Installation of Software or
for Onsite Setup of the ICT equipment/package should be agreed with UNDP. In such cases all the costs and
liabilities will be for the Contractor.

In the event of absence of Internet connectivity and/or lack of electricity, the operational tests for acceptance for this
library shall be reasonably rescheduled by written request from UNDP sent by fax or by email, without further costs
for UNDP.

III. SPECIAL CONDITIONS FOR ONSITE SOFTWARE SUPPORT SERVICES

1.   Service Level Agreement

The onsite software support services will be provided according to the Service Level Agreement for Software Support
Services, if otherwise is not provided in the Contract.

The Service Level Agreement for Software Support Services will be agreed by the Contractor and UNDP prior to
Contract signature and will become an integral part of the Contract
The UNDP signature of the checklist for operational acceptance will be considered for subscription for software
support service for each eligible ICT equipment item included in the package

The Contractor shall provide quarterly reports and final report on the provision of the software support services in
the format approved by UNDP.

2.   UNDP’s Right to Vary

During the execution of the Contract UNDP reserves, without any change in the monthly rate or other terms and
conditions:
    i. the right to decrease by up to 20 % the quantity of the eligible ICT equipment items within the category of
         software support service as contracted;
    ii. the right to increase the quantity of the eligible ICT equipment items within the category of software
         support service and/or to extend the duration of individual software support service as contracted by
         applying the Unit Price (monthly rate) offered in II. Price Schedule for Software Support Services but not
         exceeding with more than 20%.the Total Price under II. Price Schedule for Software Support Services
         according to the Contract (without VAT).

In the event of any advantageous technical changes and/or downward pricing of the Software Support Services
during the duration of the Contract, the Contractor shall notify UNDP immediately. UNDP shall consider the impact
of any such event and may request an amendment of the Contract.

3.   Taking-Over Certificate

Upon its own discretion UNDP may issue a Taking-Over Certificate after the approval of final report on the
provision of the software support services according to the Contract.

IV. SPECIAL CONDITIONS FOR PAYMENT

1. Price of Contract

The price of this Contract is not subject to any adjustment or revision because of price or currency fluctuations or
the actual costs incurred by the Contractor in the performance of the Delivery, Installation and Onsite Warranty
Hardware Support of ICT Equipment, except in case of variation as per Clause 5. UNDP’s Right to Vary. Payments
effected by UNDP to the Contractor shall be deemed neither to relieve the Contractor of its obligations under the
Contract nor as acceptance by UNDP of the Contractor's Delivery.

2. Terms of Payment for Delivery of ICT Equipment, Installation and Onsite Setup Services

                                                                                                                       27
2.1. Advance payment
An advance payment of 10% of the Total Price under the Price Schedule (I) without VAT will be disbursed to the
Contractor in fifteen (15) business days upon signature of the Contract against an acceptable bank guarantee (Annex
VI. Form 8C Bank Guarantee for Advance Payment) in the amount of advance payment issued by a reputable bank.

2.2. Monthly payments
Payments will be made on a monthly basis against Acceptance Protocols duly signed by the Contractor and UNDP,
and original invoices issued by the Contractor for the delivered, installed and accepted ICT equipment. Payments
will be effected within thirty (30) days after acceptance of the original invoice by UNDP.

3. Terms of Payment for Software Support Services
3.1. Monthly payments
Payment for software support services shall be effected on a monthly basis. The monthly fee for the first month of
service will be due, if the software on the respective ICT Equipment has been subscribed for at least 15 days since
date of the subscription for this item. The monthly fee for the last month of service will be due, if the software on
the respective ICT Equipment has been subscribed for at least 15 days during the last month.

3.2. Invoices
The Contractor shall issue an original itemized invoice for provided software support services following the
approval of a report on the provision of the software support services in the format provided by UNDP. Payments
for the software support services will be effected within 30 days against an accepted itemized invoice.

V. LIQUIDATED DAMAGES AND PERFORMANCE BANK GUARANTEE

1. Liquidated Damages

In case of circumstances under the Contractor’s direct and indirect control, when the Contractor fails to deliver
and/or install the specified ICT equipment within the time period(s) stipulated by the Contract, UNDP shall, without
prejudice to its other remedies under the Contract, deduct from the Contract price, as liquidated damages, a sum
equivalent to 1% (one per cent) of the Contract’s unit price of the delayed ICT equipment for each business day of
delay until actual delivery. The deduction will be taken from the next due payment to the Contractor in accordance
with the payment schedule stipulated by the Contractor.

In case of circumstances under the Contractor’s direct and indirect control, when the Contractor fails to provide ICT
support services to the delivered ICT equipment within the time period(s) stipulated by the Contract, UNDP shall,
without prejudice to its other remedies under the Contract be entitled to a compensation for the delay, a sum of
fifteen (15) USD per serviced ICT equipment item for each business day of delay until the actual delivery of the
service.

2.   Performance Bank Guarantee

2.1. Performance bank guarantee for the delivery, installation and onsite warranty hardware support
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the
amount of 10% of the Total Price under the Price Schedule (I) without VAT via a Performance Bank Guarantee
Form (Annex VI. Form 8A) provided for in these Solicitation Documents issued by a reputable bank, within 10
business days of receipt of notice for the award of the Contract from UNDP.

The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s
failure to complete its obligations for delivery, installation and onsite warranty hardware support and other warranty
obligations under the Contract.

After satisfactory delivery, installation and acceptance of the ICT equipment scheduled for Phase One and Phase
Two, upon UNDP discretion the Performance Bank Guarantee may be reduced to 7% of the Total Price under the
Price Schedule (I) without VAT to cover the Contractor's obligations for delivery and installation of the ICT


                                                                                                                   28
equipment scheduled for Phase Three and onsite warranty hardware support and other warranty obligations for all
delivered ICT equipment items in accordance with the Contract.

After satisfactory delivery, installation and acceptance of all ICT equipment, upon UNDP discretion the
Performance Bank Guarantee may be reduced to 5% of the Total Price under the Price Schedule (I) VAT to cover
the Contractor's obligations for onsite warranty hardware support and other warranty obligations for all delivered
ICT equipment items in accordance with the Contract.

After the expiration of the duration of the Contract, upon UNDP discretion the Performance Bank Guarantee may be
reduced to 2% of the Total Price under the Price Schedule (I) to cover the Contractor's obligations for onsite
warranty hardware support and other warranty obligations for all delivered ICT equipment items in accordance with
the Contract, which will survive the expiration of the Contract’s duration.

The Performance Bank Guarantee shall be valid until the date of issue of the Taking-Over Certificate according to
the Contract. The Performance Bank guarantee shall be revocable only with the written consent of the UNDP.

2.2. Performance bank guarantee for the provision of software support services
The successful Bidder shall submit to UNDP a Performance Bank Guarantee in the form of a bank guarantee in the
amount of 10% of the Total Price under the Price Schedule (II) without VAT via a Performance Bank Guarantee
Form (Annex VI. Form 8B) provided for in these Solicitation Documents issued by a reputable bank, within 10
business days of receipt of notice for the award of the Contract from UNDP.

The proceeds of the Performance Bank Guarantee shall be payable to UNDP as compensation for any Contractor’s
failure to complete its obligations for provision of the software support services under the Contract.

The Performance Bank Guarantee shall be valid until the date of issue of the Taking-Over Certificate according to
the Contract. The Performance Bank guarantee shall be revocable only with the written consent of the UNDP.




                                                                                                               29
                                                                                                      Annex IV

            GENERAL TERMS AND CONDITIONS FOR GOODS

1.   ACCEPTANCE OF THE PURCHASE ORDER

     The Purchase Order may only be accepted by the Supplier's signing and returning an acknowledgement copy of
     it or by timely delivery of the goods in accordance with the terms of this Purchase Order, as herein specified.
     Acceptance of this Purchase Order shall effect a contract between the Parties under which the rights and
     obligations of the Parties shall be governed solely by the terms and conditions of this Purchase Order, including
     these General Conditions. No additional or inconsistent provisions proposed by the Supplier shall bind UNDP
     unless agreed to in writing by a duly authorized official of UNDP.

2.   PAYMENT

     (a) UNDP shall, on fulfillment of the Delivery Terms, unless otherwise provided in this Purchase Order,
         make payment within 30 days of receipt of the Supplier's invoice for the goods and copies of the
         shipping documents specified in this Purchase Order.
     (b) Payment against the invoice referred to above will reflect any discount shown under the payment
         terms of this Purchase Order, provided payment is made within the period required by such payment
         terms.
     (c) Unless authorized by UNDP, the Supplier shall submit one invoice in respect of this Purchase Order,
         and such invoice must indicate the Purchase Order's identification number.
     (d) The prices shown in this Purchase Order may not be increased except by express written agreement of
         UNDP.

3.   TAX EXEMPTION

     (a) Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter
         alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except
         charges for utilities services, and is exempt from customs duties and charges of a similar nature in
         respect of articles imported or exported for its official use. In the event any governmental authority
         refuses to recognize UNDP's exemption from such taxes, duties or charges, the Supplier shall
         immediately consult with UNDP to determine a mutually acceptable procedure.

     (b) Accordingly, the Supplier authorizes UNDP to deduct from the Supplier's invoice any amount
         representing such taxes, duties or charges, unless the Supplier has consulted with UNDP before the
         payment thereof and UNDP has, in each instance, specifically authorized the Supplier to pay such
         taxes, duties or charges under protest. In that event, the Supplier shall provide UNDP with written
         evidence that payment of such taxes, duties or charges has been made and appropriately authorized.

4.   RISK OF LOSS

     Risk of loss, damage to or destruction of the goods shall be governed in accordance with DDU Incoterms 2000,
     unless otherwise agreed upon by the Parties on the front side of this Purchase Order.

5.   EXPORT LICENCES

     Notwithstanding any INCOTERM 2000 used in this Purchase Order, the Supplier shall obtain any export
     licences required for the goods.

6.   FITNESS OF GOODS/PACKAGING



                                                                                                                   30
      The Supplier warrants that the goods, including packaging, conform to the specifications for the goods ordered
      under this Purchase Order and are fit for the purposes for which such goods are ordinarily used and for
      purposes expressly made known to the Supplier by UNDP, and are free from defects in workmanship and
      materials. The Supplier also warrants that the goods are contained or packaged adequately to protect the goods.

7.    INSPECTION

      (a) UNDP shall have a reasonable time after delivery of the goods to inspect them and to reject and refuse
          acceptance of goods not conforming to this Purchase Order; payment for goods pursuant to this
          Purchase Order shall not be deemed an acceptance of the goods.
      (b) Inspection prior to shipment does not relieve the Supplier from any of its contractual obligations.

8.    INTELLECTUAL PROPERTY INFRINGEMENT

      The Supplier warrants that the use or supply by UNDP of the goods sold under this Purchase Order does not
      infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty,
      indemnify, defend and hold UNDP and the United Nations harmless from any actions or claims brought against
      UNDP or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-
      mark arising in connection with the goods sold under this Purchase Order.

9.    RIGHTS OF UNDP

      In case of failure by the Supplier to fulfil its obligations under the terms and conditions of this Purchase Order,
      including but not limited to failure to obtain necessary export licences, or to make delivery of all or part of the
      goods by the agreed delivery date or dates, UNDP may, after giving the Supplier reasonable notice to perform
      and without prejudice to any other rights or remedies, exercise one or more of the following rights:

      (a) Procure all or part of the goods from other sources, in which event UNDP may hold the Supplier
          responsible for any excess cost occasioned thereby.
      (b) Refuse to accept delivery of all or part of the goods.
      (c) Cancel this Purchase Order without any liability for termination charges or any other liability of any
          kind of UNDP.

10.   LATE DELIVERY

      Without limiting any other rights or obligations of the parties hereunder, if the Supplier will be unable to deliver
      the goods by the delivery date(s) stipulated in this Purchase Order, the Supplier shall (i) immediately consult
      with UNDP to determine the most expeditious means for delivering the goods and (ii) use an expedited means
      of delivery, at the Supplier's cost (unless the delay is due to Force Majeure), if reasonably so requested by
      UNDP.

11.   ASSIGNMENT AND INSOLVENCY

      (a) The Supplier shall not, except after obtaining the written consent of UNDP, assign, transfer, pledge or
          make other disposition of this Purchase Order, or any part thereof, or any of the Supplier's rights or
          obligations under this Purchase Order.
      (b) Should the Supplier become insolvent or should control of the Supplier change by virtue of insolvency,
          UNDP may, without prejudice to any other rights or remedies, immediately terminate this Purchase
          Order by giving the Supplier written notice of termination.

12.   USE OF UNDP OR UNITED NATIONS NAME OR EMBLEM

      The Supplier shall not use the name, emblem or official seal of UNDP or the United Nations for any purpose.

13.   PROHIBITION ON ADVERTISING


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       The Supplier shall not advertise or otherwise make public that it is furnishing goods or services to UNDP
       without specific permission of UNDP in each instance.

14.    CHILD LABOUR

       The Supplier represents and warrants that neither it nor any of its affiliates is engaged in any practice
       inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof,
       which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous
       or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual,
       moral or social development.

       Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order
       immediately upon notice to the Supplier, without any liability for termination charges or any other liability of
       any kind of UNDP.

15.    MINES

       The Supplier represents and warrants that neither it nor any of its affiliates is actively and directly engaged in
       patent activities, development, assembly, production, trade or manufacture of mines or in such activities in
       respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices
       defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and
       Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious
       or to Have Indiscriminate Effects of 1980.

       Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order
       immediately upon notice to the Supplier, without any liability for termination charges or any other liability of
       any kind of UNDP.

16.    SETTLEMENT OF DISPUTES

16.1   Amicable Settlement
       The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or
       relating to this Purchase Order or the breach, termination or invalidity thereof. Where the Parties wish to seek
       such an amicable settlement through conciliation, the conciliation shall take place in accordance with the
       UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between
       the Parties.

16.2   Arbitration
       Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this Purchase
       Order or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this
       Section within sixty (60) days after receipt by one Party of the other Party's request for such amicable
       settlement, such dispute, controversy or claim shall be referred by either Party to arbitration in accordance with
       the UNCITRAL Arbitration Rules then obtaining, including its provisions on applicable law. The arbitral
       tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration
       award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

17.    PRIVILEGES AND IMMUNITIES

       Nothing in or related to these General Terms and Conditions or this Purchase Order shall be deemed a waiver
       of any of the privileges and immunities of the United Nations, including its subsidiary organs.

18.    SEXUAL EXPLOITATION

       (a) The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by
           it or by any of its employees or any other persons who may be engaged by the Contractor to perform
           any services under the Contract. For these purposes, sexual activity with any person less than eighteen

                                                                                                                       32
           years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and
           abuse of such person. In addition, the Contractor shall refrain from, and shall take all appropriate
           measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods,
           services, offers of employment or other things of value, for sexual favors or activities, or from
           engaging in any sexual activities that are exploitive or degrading to any person. The Contractor
           acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and
           that any breach of this representation and warranty shall entitle UNDP to terminate the Contract
           immediately upon notice to the Contractor, without any liability for termination charges or any other
           liability of any kind.
       (b) UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s
           personnel or any other person who may be engaged by the Contractor to perform any services under
           the Contract is married to the person less than the age of eighteen years with whom sexual activity has
           occurred and in which such marriage is recognized as valid under the laws of the country of citizenship
           of such Contractor’s personnel or such other person who may be engaged by the Contractor to perform
           any services under the Contract.

19.    OFFICIALS NOT TO BENEFIT

       The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by
       the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor
       agrees that breach of this provision is a breach of an essential term of this Contract.

20.   AUTHORITY TO MODIFY

      Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possess the
      authority to agree on behalf of UNDP to any modification of or change in this Agreement, to a waiver of any
      of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly,
      no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by
      an amendment to this Agreement signed by the Contractor and jointly by the UNDP Authorized Official.




                                                                                                                 33
                                                                                                         Annex V

                        UNDP GENERAL CONDITIONS OF CONTRACT

                                    FOR PROFESSIONAL SERVICES

1.       LEGAL STATUS

The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis the United
Nations Development Programme (UNDP). The Contractor’s personnel and sub-contractors shall not be considered
in any respect as being the employees or agents of UNDP or the United Nations.

2.       SOURCE OF INSTRUCTIONS

The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with
the performance of its services under this Contract. The Contractor shall refrain from any action that may adversely
affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard to the interests of
UNDP.

3.       CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES

The Contractor shall be responsible for the professional and technical competence of its employees and will select,
for work under this Contract, reliable individuals who will perform effectively in the implementation of this
Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.

4.       ASSIGNMENT

The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or
any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of
UNDP.

5.       SUB-CONTRACTING

In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written
approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a sub-contractor shall not
relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to
and conform to the provisions of this Contract.

6.       OFFICIALS NOT TO BENEFIT

The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by the
Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that
breach of this provision is a breach of an essential term of this Contract.

7.       INDEMNIFICATION

The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its officials, agents,
servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including
their costs and expenses, arising out of acts or omissions of the Contractor, or the Contractor's employees, officers,
agents or sub-contractors, in the performance of this Contract. This provision shall extend, inter alia, to claims and
liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented
inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers,


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agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this
Contract.

8.       INSURANCE AND LIABILITIES TO THIRD PARTIES

8.1      The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property
and any equipment used for the execution of this Contract.

8.2      The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or
the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this
Contract.

8.3       The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover
third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the
provision of services under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned
or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in
connection with this Contract.

8.4      Except for the workmen's compensation insurance, the insurance policies under this Article shall:

8.4.1    Name UNDP as additional insured;

8.4.2    Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the UNDP;

8.4.3    Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior to any
cancellation or change of coverage.

8.5      The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the insurance required
under this Article.

9.       ENCUMBRANCES/LIENS

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on
file or to remain on file in any public office or on file with the UNDP against any monies due or to become due for
any work done or materials furnished under this Contract, or by reason of any other claim or demand against the
Contractor.

10.      TITLE TO EQUIPMENT

Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment
shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such
equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to
normal wear and tear. The Contractor shall be liable to compensate UNDP for equipment determined to be damaged
or degraded beyond normal wear and tear.

11.      COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS

11.1      Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to all
intellectual property and other proprietary rights including, but not limited to, patents, copyrights, and trademarks,
with regard to products, processes, inventions, ideas, know-how, or documents and other materials which the
Contractor has developed for the UNDP under the Contract and which bear a direct relation to or are produced or
prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Contractor
acknowledges and agrees that such products, documents and other materials constitute works made for hire for the
UNDP.




                                                                                                                    35
11.2      To the extent that any such intellectual property or other proprietary rights consist of any intellectual
property or other proprietary rights of the Contractor: (i) that pre-existed the performance by the Contractor of its
obligations under the Contract, or (ii) that the Contractor may develop or acquire, or may have developed or
acquired, independently of the performance of its obligations under the Contract, the UNDP does not and shall not
claim any ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use such
intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of
the Contract.

11.3    At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary documents
and generally assist in securing such proprietary rights and transferring or licensing them to the UNDP in
compliance with the requirements of the applicable law and of the Contract.

11.4     Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates,
recommendations, documents, and all other data compiled by or received by the Contractor under the Contract shall
be the property of the UNDP, shall be made available for use or inspection by the UNDP at reasonable times and in
reasonable places, shall be treated as confidential, and shall be delivered only to UNDP authorized officials on
completion of work under the Contract.

12.      USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the
Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE United Nations, or
any abbreviation of the name of UNDP or United Nations in connection with its business or otherwise.

13.      CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION

Information and data that is considered proprietary by either Party and that is delivered or disclosed by one Party
(“Discloser”) to the other Party (“Recipient”) during the course of performance of the Contract, and that is
designated as confidential (“Information”), shall be held in confidence by that Party and shall be handled as follows:

13.1     The recipient (“Recipient”) of such information shall:

        13.1.1 use the same care and discretion to avoid disclosure, publication or dissemination of the
Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or
disseminate; and,

        13.1.2    use the Discloser’s Information solely for the purpose for which it was disclosed.

13.2      Provided that the Recipient has a written agreement with the following persons or entities requiring them to
treat the Information confidential in accordance with the Contract and this Article 13, the Recipient may disclose
Information to:

        13.2.1    any other party with the Discloser’s prior written consent; and,

        13.2.2 the Recipient’s employees, officials, representatives and agents who have a need to know such
Information for purposes of performing obligations under the Contract, and employees officials, representatives and
agents of any legal entity that it controls, controls it, or with which it is under common control, who have a need to
know such Information for purposes of performing obligations under the Contract, provided that, for these purposes
a controlled legal entity means:

         13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly,
over fifty percent (50%) of voting shares thereof; or,

        13.2.2.2 any entity over which the Party exercises effective managerial control; or,

        13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.

                                                                                                                   36
13.3     The Contractor may disclose Information to the extent required by law, provided that, subject to and
without any waiver of the privileges and immunities of the United Nations, the Contractor will give the UNDP
sufficient prior notice of a request for the disclosure of Information in order to allow the UNDP to have a reasonable
opportunity to take protective measures or such other action as may be appropriate before any such disclosure is
made.

13.4     The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN,
resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General.

13.5      The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a
third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality,
is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any
disclosures hereunder.

13.6     These obligations and restrictions of confidentiality shall be effective during the term of the Contract,
including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any
termination of the Contract.

14.      FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

14.1     In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the
Contractor shall give notice and full particulars in writing to the UNDP, of such occurrence or change if the
Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities
under this Contract. The Contractor shall also notify the UNDP of any other changes in conditions or the occurrence
of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice
required under this Article, the UNDP shall take such action as, in its sole discretion; it considers to be appropriate
or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in
which to perform its obligations under this Contract.

14.2      If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform
its obligations and meet its responsibilities under this Contract, the UNDP shall have the right to suspend or
terminate this Contract on the same terms and conditions as are provided for in Article 15, "Termination", except
that the period of notice shall be seven (7) days instead of thirty (30) days.

14.3     Force majeure as used in this Article means acts of God, war (whether declared or not), invasion,
revolution, insurrection, or other acts of a similar nature or force.

14.4     The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the
Contractor must perform in or for any areas in which the UNDP is engaged in, preparing to engage in, or
disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such
obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring
in such areas shall not, in and of itself, constitute force majeure under the Contract..

15.      TERMINATION

15.1     Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in
writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16.2 (“Arbitration”),
below, shall not be deemed a termination of this Contract.

15.2     UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written
notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the
Contractor prior to receipt of the notice of termination.




                                                                                                                       37
15.3     In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the
Contractor except for work and services satisfactorily performed in conformity with the express terms of this
Contract.

15.4    Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor
make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency
of the Contractor, the UNDP may, without prejudice to any other right or remedy it may have under the terms of
these conditions, terminate this Contract forthwith. The Contractor shall immediately inform the UNDP of the
occurrence of any of the above events.

16.      SETTLEMENT OF DISPUTES

16.1     Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or
claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek
such an amicable settlement through conciliation, the conciliation shall take place in accordance with the
UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the
parties.

16.2      Arbitration: Any dispute, controversy, or claim between the Parties arising out of the Contract or the
breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above, within sixty (60) days
after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either
Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the
arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions,
the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of
Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The
arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or
intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or
order that any other protective measures be taken with respect to the goods, services or any other property, whether
tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in
accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”) and
Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have
no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the
arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate
(“LIBOR”) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any
arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy,
or claim.

17.      PRIVILEGES AND IMMUNITIES

Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and
immunities of the United Nations, including its subsidiary organs.

18.      TAX EXEMPTION

18.1     Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia that
the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility
services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or
exported for its official use. In the event any governmental authority refuses to recognize the United Nations
exemption from such taxes, duties or charges, the Contractor shall immediately consult with the UNDP to determine
a mutually acceptable procedure.

18.2     Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount
representing such taxes, duties or charges, unless the Contractor has consulted with the UNDP before the payment
thereof and the UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or
charges under protest. In that event, the Contractor shall provide the UNDP with written evidence that payment of
such taxes, duties or charges has been made and appropriately authorized.

                                                                                                                      38
19.      CHILD LABOUR

19.1      The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice
inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof,
which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or
to interfere with the child's education, or to be harmful to the child's health or physical mental, spiritual, moral or
social development.

19.2    Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately
upon   notice to the Contractor, at no cost to UNDP.

20.      MINES

20.1     The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly
engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities
in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices
defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions
on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects of 1980.

20.2    Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately
upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of
UNDP.

21.      OBSERVANCE OF THE LAW

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its
obligations under the terms of this Contract.

22.      SEXUAL EXPLOITATION

22.1      The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it
or by any of its employees or any other persons who may be engaged by the Contractor to perform any services
under the Contract. For these purposes, sexual activity with any person less than eighteen years of age, regardless of
any laws relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the
Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons
engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for
sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person.
The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and
that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon
notice to the Contractor, without any liability for termination charges or any other liability of any kind.

22.2     The UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s
personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is
married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such
marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel or such
other person who may be engaged by the Contractor to perform any services under the Contract.

23.      AUTHORITY TO MODIFY

Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the
authority to agree on behalf of UNDP to any modification of or change in this Agreement, to a waiver of any of its
provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no
modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an
amendment to this Agreement signed by the Contractor and jointly by the UNDP Authorized Official.

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