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REQUEST FOR QUOTATION _RFQ_ REFERENCE RFQ No. UNDPAFG20100332

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REQUEST FOR QUOTATION _RFQ_ REFERENCE RFQ No. UNDPAFG20100332 Powered By Docstoc
					United Nations Development Programme



                        REQUEST FOR QUOTATION (RFQ)
REFERENCE: RFQ No. UNDPAFG/2010/0332 – Cafeteria Management                    DATE: 09 November
Services                                                                       2010

Dear Sir / Madam:

You are kindly requested to submit your quotation for the following services by 25 November 2010 (10:00
hrs local time). Original offers shall be received by email to UNDP secure email address Bids.af@undp.org
or hand delivery marked– RFQ No. UNDPAFG/2010/0332 – Cafeteria Management Services at the
following address before the indicated deadline:

Attention: Procurement Unit
United Nations Development Programme (UNDP)
Shah Mahmood Ghazi Watt
Kabul, Afghanistan
Tele: +93 20 2101682-91
Fax: +873 763 468 863
Email: bids.af@undp.org


The Pre-bid meeting will be held on 21st November at 10:00 hours (Kabul time) at UNDP CO
Procurement unit, Kabul. Interested firms are encouraged to attend.


  Item        Generic Description [incl. Technical specifications, quality & safety standards, special
                                                features required]

            Provision of Cafeteria Management Services for UNDP Compound, Kabul as per enclosed
            TOR (Appendix I) & Price Schedule as Appendix II:

            Attachments:

    1       Appendix I – TOR

            Appendix II – Price Schedule

            Appendix III – Bid Submission form

            Appendix IV – UNDP General Terms and Conditions for Services


                                     TERM AND CONDITIONS

Delivery Term & Place           UNDP Compound, Kabul

Payment Terms                   Note: in cases where works and services are contracted different payment
                                terms may apply.
Validity of Quotation           60 days from deadline for submission of offers


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Completeness of quotation.      Suppliers are encouraged to submit offers comprising all items requested
                                in this RFQ in their submission.
                                Important: Only offers including full services requested for each item will
                                be considered for evaluation purposes
Delivery Date                   Please indicate earliest date of availability for requested Services:
                                ______ Number of days/weeks from notification of award of contract.

                                NOTE: Only offers stating availability date of 2 Weeks or shorter will be
                                considered for evaluation purposes

Currency of quotations/offers   Offers submitted by national suppliers shall be nominated in Afghan
                                currency


Request for clarification       Bidders requesting clarification of any of the items, technical requirements
                                or conditions stipulated in this RFQ shall communicate in writing with
                                UNDP office. Only requests for clarification received at least 96 hours
                                prior to the deadline for submission of offers will be entertained. Replies to
                                any requests for clarification will be transmitted to all bidders at
                                procurement.af@undp.org


General Terms and Conditions    This RFQ is subject to UN General Conditions of Contract for Services
                                attached as Appendix IV.


Evaluation Criteria             Assessment of bids will be based on the following:
                                   • At least 3 years of continues experience in restaurant
                                      management and handling
                                   • Hygienic (food and drink safety)
                                   • Technical capacity in terms of number, qualification and
                                      relevant experience of Managers, cooks, stewards, cashier,
                                      cleaners and bakers (Kabab and Nan)
                                   • Guaranteed staff in terms of security and behavior
                                   • Attendance at pre-bid meeting
                                   • Proposed approach by UNDP Cafeteria Committee.
                                   • Completeness of submission (filling in all required
                                      Appendixes).
                                   • Cost of the bid (per menu item)
                                   • Variation in daily menu items
                                   • Ability to serve food outside UNDP
                                   • Ability to provide food to UNDP from outside recommended
                                      restaurants at the outsider’s price
                                   • Ability to work 7 days a week and under extreme security
                                      situation
                                   • Pay UNDP staff association an amount fixed by the cafeteria
                                      committee
                                   • Willingness to work for a varied number of guests everyday




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                                               IMPORTANT:
In order to be considered for evaluation purposes, your offer shall include the following information
    • Bidders are requested to clearly indicate the technical characteristics or the description of services
       offered
    • The offerors should complete and sign the Bid/ Proposal Submission Form attached as Appendix III
       and made it part of their offer submission
    • Bidders are requested to consider the conditions and characteristics of the request for Quotation
       published on the UNDP Afghanistan website in the section “Work with us” Procurement Notices:
       (http://www.undp.org.af/Operations/Procurement/Notices/index.htm)



Supporting technical documentation: Bidders are requested to include in their offers all-necessary
supporting technical documentation (i.e. technical brochures, etc.) to allow the evaluating committee to
identify the quality of the services offered.

                                           REQUIREMENTS
Language: All documents shall be in English.




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                                    Appendix I – Terms of Reference (TOR)


Basic Information:

UNDP is one of the largest UN Organizations in Kabul with nearly 200 Staff; additionally some other UN
Agencies such as UNIFIEM, UNIDO and ILO are also residing within UNDP Compound. There is nearly
240 staff working in UNDP compound and as part of common service provision UNDP has established a
cafeteria to provide lunch, breakfast and refreshment services to UNDP Staff and the following scope of
work and conditions under which the cafeteria will operate.


Scope of Services:

Responsibility of the contractor:

   1.        The contractor shall be required to operate at UNDP Compound and provide breakfast and lunch
        catering and refreshment service (Tea, coffee, biscuits) services for UNDP staff members and its
        guests. The lunch shall be served from 11:00 to 14:00 hours from Saturday to Thursday. No service
        is required on Friday, and other UN holidays (the contractor however is required to be flexible to
        provide services on Fridays and un holidays when required).

   2.       Main menu of the day will be selected from the annex (Menu) and the contractor shall be
        required to offer a combination of dishes in its daily main menu and the food variation will be
        changed every day of the week.

   3.       The contractor shall be responsible for the provision, maintenance and replenishment of all
        crockery, cutlery, table, cloths, wipes, air fresheners, pest control, cleaning services and supplies for
        the dining premises and kitchen equipment relating to the catering services. All items will be
        inspected and must be replaced to UNDPS’s specification if not found conforming to standard. The
        contractor shall conduct weekly preventive cleaning and maintenance of the premises at its own
        expense.

   4.        The contractor shall ensure that its personal are skilled/professional. It shall further provide
        insurance against any risks for itself, its personnel and equipment as it may be required by National
        Law and UNDP security

   5.       The contractor shall ensure that the services provided under this contract meet international
        hygiene standards and conform to standard procedures and practices required by national law. Its
        personnel shall accept inspection conducted by the UN officials at any given time. UNDP shall
        further appoint a representative to monitor and inspect all aspects of the daily catering operations.

   6.       The contractor agrees to hold and save UNDP harmless against any suits, claims, demands and
        liabilities of any nature whatsoever, arising out of the damage, loss to equipment/supplies or
        harm/injury to its personnel, during the performance of its obligation under this contract. The
        obligation under this article does no lapse upon termination/expiration of this contract.

   7.       Should UNDP decide to increase or decrease the requirement for the services, as a result of
        expansion or reduction of its officers or work sites, a revised requirement will be established in
        agreement with the contractor.


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   8.       The contractor shall provide alternative and other choices to staff who do not wish to have the
         main menu of the day.

   9.       The contractor shall provide services on a “cost profit” basis. He/she shall charge customers in
         advance with an established price list. Customers will pay in Afghani currency. The price list shall be
         prominently displayed so that it is clearly visible to all incoming customers.

   10.       The contractor will provide counter personnel, some of which have knowledge of Basic English
         and shall be completely responsible for all their expenses.

   11.        The average number of customers visiting national cafeteria for lunch would be 100 to 150.
         These numbers are only estimates and UNDP cannot guarantee the minimum or maximum number
         of staff who will use this service.

   12.        Contractor will provide staff with standard uniforms, disposable aprons and gloves to serve food
         at the counter.

   13.       Any variation in the number of customers will not result in any compensation from the United
         Nations (UNDP) to the contractor. The services will be financially self-supported by the contractor
         with no financial involvement of UNDP.

   14.       The contractor shall be responsible to arrange for any equipment or supplies required for the
         provision of catering services including kitchen cooking equipment, cold storage, crockery, cutlery,
         table cloths, food supplies, air freshener, disposable hand wipes, etc as required to perform under this
         contract. Items will be inspected and if not found standard, shall be replaced to UNDP’s
         specification. UNDP currently provides only the items listed under UNDP responsibility items.


   15.       The contractor shall ensure the highest standards of hygiene, food quality, storage and handling
         are maintained and its personnel shall accept inspection conducted by UNDP officials at any time.

   16.       The contractor shall comply with all direction and requirements of UNDP given by its authorized
         officials in relation to UN rules, regulations, policies and procedures including but not limited to
         those relating to safety and security.

   17.       The contractor shall, provide food and refreshments to and of from outside the UNDP when
         required.


   18.       The contactor shall pay UNDP Staff Association US Dollars 150.00 per month (at the end of
         each month) for provision of space, electricity, water, garbage disposal services.

   19.       CONTRACTOR’S PERSONNEL

            a. All personnel provided by the contractor shall be deemed for purposes of this contract as
               employees of the contractor, and not agents, servants or employees of UNDP. Accordingly,
               the contractor shall be responsible for their wages.

            b. Counter personnel must have sufficient understanding of English to perform their duties
               effectively. They shall wear uniforms, disposable aprons and gloves to serve food at the
               counter. The uniforms worn by the contractor’s personnel shall be clean and properly dressed
               and dresses to be changed on daily basis.
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         c. The contractor shall cease to employ and may be required to replace at any time any of its
            personnel, should it be requested to do so by UNDP for reasons of behavior, or on other
            disciplinary or medical grounds. UNDP bears no responsibility towards the personnel
            employed by the contractor.

         d. The contractor shall provide UNDP with a list of its personnel, identification card numbers,
            and all vehicles and registration numbers, which may be used during the course of work.
            Such lists shall be updated or modified by the contractor as necessary. Failure to observe this
            provision will result in denial of access to UNDP Office.

         e. Should the contractor fail to provide the services, in whole or in part and in conformity with
            the terms and conditions of this contract or provides services unsatisfactory to UNDP, and
            fails to remedy or improve such services within five (5) calendar days, preceded by a written
            notification, UNDP reserves the right to exercise any remedial measures that it may deem
            appropriate.

   20.   COMPLIANCE WITH LAWS AND REGULATIONS

         a. The contractor shall comply with all the local and international laws and regulations
            applicable to the provision of services and performance under this contract.

         b. The contractor shall also be responsible for obtaining all other required and relevant
            certificates, permits and /or licenses necessary for the contractor’s performance of the
            services, including, but not limited to, those for health, safety, environment, according to the
            local and international laws and regulations.


   21.   COLLECTION, REMOVAL, DISPOSAL FO GARBAGE AND WASTE MATERIALS

         a. The contractor shall be responsible on a daily basis (6days per week) for the collection,
            removal and the disposal by means suitable for the purpose, all garbage and waste material to
            the designated garbage disposal containers located within UNDP compound.




   22.   OTHER RESPONSIBILITY OF THE CONTRACTOR



         a. The contractor shall be responsible for any expenses of its personnel incurred due to illness,
            accident or for health reason arising out of or in course or employment at UNDP premises.



         b. The contractor must comply with all directions and requirements of UNDP authorized
            officials (Cafeteria Committee) in relation to UN rules, regulations, policies and procedures
            including but not limited to those relating to security and safety.



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Responsibility of UNDP:

   23.   UNDP currently provides three (3) window A/C units, two free-standing oil heaters, and one
         ‘Bukhari”. UNDP has also provided twenty (20) garden tables with eighty (80) chairs. The
         contractor shall maintain all UNDP equipment while under its possession and shall be held
         responsible for any loss or damage to the UN properties caused by the contractor’s error.

   24.    UNDP shall issue the contractor and its personnel identification cards to enter the UN compound
          and they shall follow the UN Rules and regulations during their presence within the UN
          premises.

   25.   UNDP reserves the right to request removal of any contractor staff for misconduct or unwanted
         behavior. UNDP also reserves the right to inspect the conductor’s warehouse, storage site and
         those of any subcontractor involved in the process of supply to the catering operations.

   26.   The UN is a non-smoking environment. No smoking will be permitted in the dining or kitchen
         areas.


   27.    UNDP shall provide access to the contractor’s personnel by issuing ground pass as required, to
         enable their performance under this contract.

   28.    UNDP shall provide relevant facility, water, electrify, and garbage disposal eservices to the
          contractor.

   29.    UNDP shall provide sufficient space for the contractor’s operation


   30.    NON-EXCLUSIVITY

         a. This contract is non-exclusive and UNDP may obtain from other companies any of the
            services set forth in this contract whenever UNDP, at its sole discretion, deems necessary or
            in its best interests.

         b. Notwithstanding the above, UNDP reserves the right to enter concurrently into additional
            contracts with other companies for any or all of the services.




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                                            Appendix II – Price Schedule

BREAKFAST FOR ONE PERSON

                                                                                                      *quantity
  No                     Main Menu                               Additional                Price in
                                                                                                      is given for
                                                                                           Afghani
                                                                                                      calculation
  1      Three eggs with Bread (Boiled/ Omlit,         tea/ coffee, sugar, Boiled water
                                                                                                      of the
                        Simple)
                                                                                                      prices
  2            Bread with Chips (300 gr)              tea/coffee, sugar, Boiled water
  3                Barger/ Sandwich                   Tea/ coffee, sugar, Boiled water
  4                 Three Sambosas                    Tea/ coffee, sugar, Boiled water

                 *The following items must be available in refrigerator for breakfast
                          Item                                   Quantity                  Price in
                                                                                           Afghani
   1                      Cheese                                   100 gr
   2                       Jam                                     100 gr
   3                      Butter                                   100 gr
   4                   Packed Juice                                0.5 lit
   5             2 Fresh Juice (Seasonal)                          0.5 lit
   6                     Biscuits                                One Packet
   7                       Cake                                     1kg
   8                     Cookies                                    1kg
   9                   Packed Milk                                 0.5 lit
  10                      Water                                    0.5 lit



        LUNCH FOR ONE PERSON

  No                   *Main Menu                              **Additional                Price in
                                                                                           Afghani
  1     Qabeli Palaw                              Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  2     Sabzi Chalow                              Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  3     Chicken Palaw                             Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  4     Sour Orange Palaw                         Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  5     Chicken Jinger                            Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  6     Chicken Qurma                             Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  7     Tikka Kabab                               Vegetable Soup, Salad, Fruit and Bread
  8     Chicken Kabab                             Vegetable Soup, Salad, Fruit and Bread
  9     Shami Kabab                               Vegetable Soup, Salad, Fruit and Bread
  10    Chopan Kabab                              Vegetable Soup, Salad, Fruit and Bread
  11    Narges Kabab                              Vegetable Soup, , Salad, Fruit and
                                                  Bread
  12    Beef Karahi                               Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  13    Different variety                         Vegetable Soup, Salad and Fruit
        Pizza
  14    German Roll                               Vegetable Soup, , Salad, Fruit and
                                                  Bread
  15    Chicken Jalfrezy                          Vegetable Soup, Saland, Salad, Fruit
                                                  and Bread
  16    Fried Fish                                Vegetable Soup, Salad, Fruit and Bread
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      17    Mantoo                                       Vegetable Soup, Saland, Salad, Fruit
                                                         and Bread
   18        Ashak                                       Vegetable Soup, Saland, Salad, Fruit
                                                         and Bread
   19        Macaroni                                    Vegetable Soup, Saland, Salad, Fruit
                                                         and Bread
   20        Mixed Vegetable                             Vegetable Soup, Salad, Fruit and Bread
   21        Beef Burger                                 Vegetable Soup, Salad, Fruit and Bread
   22        Chicken Burger                              Vegetable Soup, Salad, Fruit and Bread
   23        Degai Kabab                                 Vegetable Soup, Salad, Fruit and Bread
   24        Mahicha Palaw                               Vegetable Soup, Saland, Salad, Fruit
                                                         and Bread
   25        Dashi                                       Vegetable Soup, Salad, Fruit and Bread
   26        Shanwari Kabab                              Vegetable Soup, Salad, Fruit and Bread
   27        Maash palaw                                 Vegetable Soup, Saland, Salad, Fruit
                                                         and Bread
   28        Shol-e-Ghurbandi                            Vegetable Soup, meatball, yogurt,
                                                         Salad, Fruit and Bread
 *Every day there should be minimum 9 main foods in the menu
**Every day there should be minimum 4 salands: Lady Finger, Spinach, Egg Plant, Potato, Carrot, Pea, Bean,
pumpkin, Dall and Cauliflower
    - Fruit should change every 3 days (One kind of fruit should not be provided as always)
Note: If cafeteria wants to add more kinds of food must get approval from the cafeteria committee in advance

                        The following items must be available in Refrigerator for lunch
 No                         Item                                     Quantity                        Price in
                                                                                                     Afghani
  1                      Soft-drinks                                    One can
  2                        Water                                         0.5 lit
  3                     2-Fresh Juice                                    0.5 lit
  4                     Packed Juice                                     0.5 lit
  5                        Dessert                                       200 gr
  6                        Yogurt                                        300 gr


REFRESHMENT

 No                         Item                                       Quantity                      Price in
                                                                                                     Afghani
  1                      Soft-drinks                                  One can
  2                         Water                                      0.5 lit
  3                         Coffee                                     100 gr
  4                    Green/ Black tea                         One Packet ( 25 pieces)
  5                          Cake                                       1 kg
  6                        Cookies                                      1 kg
  7                         biscuit                                  One packet
  8                      Dried Milk                                    100 gr
  9        Disposal glasses, plates, spoons and fork                 Each piece




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                                 Appendix III - BID/PROPOSAL SUBMISSION FORM



To: The procuring entity


Dear Sir / Madam,

Having examined the RFQ Documents, the receipt of which is hereby duly acknowledged, we, the
undersigned, offer Cafeteria Management Services, in UNDP Compound, Kabul, in conformity with the
said bidding documents for the sum of as may be ascertained in accordance with the Price Schedule
attached herewith and made part of this Bid.

       We undertake, if our quotation is accepted, to deliver the goods in accordance with the delivery
schedule specified in the RFQ documents

       We agree to abide by this Bid for period of [60] days from the RFQ closing date, and it shall
remain binding upon us and may be accepted at any time before the expiration of that period.

We understand that you are not bound to accept any Bid you may receive.



Dated this        /        / 2010




.........................                                                                 ......................
      Signature                                                           [in the capacity of
]




Duly authorized to sign the Bid for and on behalf of . . . . . . . . . . . . . . . . . . . . . . . . . . . .




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                       Appendix IV- General Conditions of Contract for Services



1. LEGAL STATUS

   The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis
   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 which 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 with 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
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   nature or kind, including their costs and expenses, arising out of acts or omissions of the Contractor, or
   the Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract. This
   provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation,
   products liability and liability arising out of the use of patented inventions or devices, copyrighted
   material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-
   contractors. The obligations under this Article do not lapse upon termination of this Contract.


8. INSURANCE AND LIABILITIES TO THIRD PARTIES

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

8.2 The Contractor shall provide and thereafter maintain all appropriate work personnel's compensation
    insurance, or its 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 work personnel's compensation insurance, the insurance policies under this Article shall:

   (i) Name UNDP as additional insured;

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

   (iii)Provide that 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 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 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
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   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, or documents and other materials which
   bear a direct relation to or are produced or prepared or collected in consequence of or in the course of the
   execution of this Contract. At the UNDP's request, the Contractor shall take all necessary steps, execute
   all necessary documents and generally assist in securing such proprietary rights and transferring them to
   UNDP in compliance with the requirements of the applicable law.


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 the United Nations in connection with
   its business or otherwise.


13. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION

13.1 All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents
   and all other data compiled by or received by the Contractor under this Contract shall be the property of
   UNDP, shall be treated as confidential and shall be delivered only to UNDP authorized officials on
   completion of work under this Contract.

13.2 The Contractor may not communicate at any time to any other person, Government or authority
   external to UNDP, any information known to it by reason of its association with UNDP which has not
   been made public except with the authorization of UNDP; nor shall the Contractor at any time use such
   information to private advantage. These obligations do not lapse upon termination of this Contract.


14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

14.1 Force majeure, as used in this Article, means acts of nature, war (whether declared or not), invasion,
   revolution, insurrection, or other acts of a similar nature or force which are beyond the control of the
   Parties.

14.2 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 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 UNDP of any other changes in
   conditions or the occurrence of any event which interferes or threatens to interfere with its performance
   of this Contract. The notice shall include steps proposed by the Contractor to be taken including any
   reasonable alternative means for performance that is not prevented by force majeure. On receipt of the
   notice required under this Article, 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.

14.3 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, 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.


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15. TERMINATION

15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty days notice, in
   writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16
   "Settlement of Disputes" below shall not be deemed a termination of this Contract.

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

15.3 In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to
   the Contractor except for work and services satisfactorily performed in conformity with the express
   terms of this Contract. The Contractor shall take immediate steps to terminate the work and services in a
   prompt and orderly manner and to minimize losses and further expenditures.

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, UNDP may, without prejudice to any other right or remedy
   it may have, terminate this Contract forthwith. The Contractor shall immediately inform 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,
   or relating to 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

   Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this
   Contract or the breach, termination or invalidity thereof is settled amicably under the preceding
   paragraph of this Article 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 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


                                                                                                             14
United Nations Development Programme

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 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 UNDP before the
   payment thereof and 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 UNDP with written
   evidence that payment of such taxes, duties or charges has been made and appropriately authorized.


19 CHILD LABOUR

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

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


20. MINES

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


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


21. OBSERVANCE OF THE LAW

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



22. AUTHORITY TO MODIFY

No modification or change in this Contract, no waiver of any of its provisions or any additional contractual
relationship of any kind with the Contractor shall be valid and enforceable against UNDP unless provided by
an amendment to this Contract signed by the authorized official of UNDP.
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