REQUEST FOR PROPOSALS

(RFP/006/IND/2017)

Technical Support for Design and Development of

‘Blended Induction Training Programme Module’

INDIA

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 Section 1. Notice of Invitation

Subject: Technical Support for Design and Development of ‘Blended Induction Training Programme Module’
[RFP/006/IND/2017]

The United Nations Development Programme (UNDP) hereby invites you to submit a Proposal to this
Request for Proposal (RFP) for the above-referenced subject.

This RFP includes the following documents:

Section 1 – This Notice of Invitation

Section 2 – Instructions to Proposers (including Data Sheet)
Section 3 – Terms of Reference
Section 4 – Proposal Submission Form
Section 5 – Documents Establishing the Eligibility and Qualifications of the Proposer
Section 6 – Technical Proposal Form
Section 7 – Financial Proposal Form
Section 8 – Contract for Professional Services, including General Terms and Conditions

Appendix A – Instructions manual for use of the Etendering system by suppliers.

Appendix B – Terms and Conditions for use of online eTendering system.

Your offer, comprising of a Technical and Financial Proposal, should be submitted in accordance with
Section 2.

Proposals may be submitted on or before the deadline indicated by UNDP in the e-tendering
system. Proposals must be submitted in the online e-tendering system in the following link:
https://etendering.partneragencies.org using your username and password. If you have not registered in
the system before, you can register now by logging in using:

Username: event.guest
Password: why2change

…………..and follow the registration steps as specified in the system user guide.

Your Proposal must be expressed in English language, and valid for a minimum period of One
Hundred and Twenty (120) days.

You are kindly requested to indicate whether your company intends to submit a Proposal by
clicking on “Accept Invitation”.

In the course of preparing and submitting your Proposal, it shall remain your responsibility to
ensure that it submitted into the system by the deadline. The system will automatically block and not accept
any bid after the deadline. Kindly ensure that supporting documents required are signed and in the .pdf
format, and free from any virus or corrupted files.

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 The Financial Proposal and the Technical Proposal files MUST BE COMPLETELY SEPARATE
and uploaded separately in the system and clearly named as either “TECHNICAL PROPOSAL” or
“FINANCIAL PROPOSAL”, as appropriate. Each document shall include the Proposer’s name and
address. The file with the “FINANCIAL PROPOSAL” must be encrypted with a password so that it cannot
be opened nor viewed until the Proposal has been found to pass the technical evaluation stage. Once a
Proposal has been found to be responsive by passing the technical evaluation stage, UNDP shall request
the Proposer to submit the password to open the Financial Proposal. The Proposer shall assume the
responsibility for not encrypting the financial proposal.

The Proposal that complies with all of the requirements, meets all the evaluation criteria and offers
the best value for money shall be selected and awarded the contract. Any offer that does not meet the
requirements shall be rejected.

If you have received this RFP through a direct invitation by UNDP, transferring this invitation to
another firm requires your written notification to UNDP of such transfer and the name of the company to
whom the invitation was forwarded.

Should you require further clarifications, kindly communicate with the contact person identified in
the attached Data Sheet as the focal point for queries on this RFP.

UNDP looks forward to receiving your Proposal and thanks you in advance for your interest in
UNDP procurement opportunities.

Yours sincerely,

Hugo Barillas
Procurement Specialist
New Delhi

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 Section 2: Instruction to Proposers
Definitions

a) “Contract” refers to the agreement that will be signed by and between the UNDP and the successful
proposer, all the attached documents thereto, including the General Terms and Conditions (GTC)
and the Appendices.

b) “Country” refers to the country indicated in the Data Sheet.

c) “Data Sheet” refers to such part of the Instructions to Proposers used to reflect conditions of the
tendering process that are specific for the requirements of the RFP.

d) “Day” refers to calendar day.

e) “Government” refers to the Government of the country that will be receiving the services
provided/rendered specified under the Contract.

f) “Instructions to Proposers” (Section 2 of the RFP) refers to the complete set of documents that
provides Proposers with all information needed and procedures to be followed in the course of
preparing their Proposals

g) “NOI” (Section 1 of the RFP) refers to the Notice of Invitation sent by UNDP to Proposers.

h) “Material Deviation” refers to any contents or characteristics of the proposal that is significantly
different from an essential aspect or requirement of the RFP, and : (i) substantially alters the scope
and quality of the requirements; (ii) limits the rights of UNDP and/or the obligations of the offeror;
and (iii) adversely impacts the fairness and principles of the procurement process, such as those that
compromise the competitive position of other offerors.

i) “Proposal” refers to the Proposer’s response to the Request for Proposal, including the Proposal
Submission Form, Technical and Financial Proposal and all other documentation attached thereto
as required by the RFP.

j) “Proposer” refers to any legal entity that may submit, or has submitted, a Proposal for the provision
of services requested by UNDP through this RFP.

k) “RFP” refers to the Request for Proposals consisting of instructions and references prepared by
UNDP for purposes of selecting the best service provider to perform the services described in the
Terms of Reference.

l) “Services” refers to the entire scope of tasks and deliverables requested by UNDP under the RFP.

m) “Supplemental Information to the RFP” refers to a written communication issued by UNDP to

prospective Proposers containing clarifications, responses to queries received from prospective
Proposers, or changes to be made in the RFP, at any time after the release of the RFP but before
the deadline for the submission of Proposals.
n) “Terms of Reference” (TOR) refers to the document included in this RFP as Section 3 which
describes the objectives, scope of services, activities, tasks to be performed, respective
responsibilities of the proposer, expected results and deliverables and other data pertinent to the
performance of the range of duties and services expected of the successful proposer.

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A. GENERAL
1. UNDP hereby solicits Proposals in response to this Request for Proposal (RFP). Proposers must
strictly adhere to all the requirements of this RFP. No changes, substitutions or other alterations to
the rules and provisions stipulated in this RFP may be made or assumed unless it is instructed or
approved in writing by UNDP in the form of Supplemental Information to the RFP.

2. Submission of a Proposal shall be deemed as an acknowledgement by the Proposer that all

obligations stipulated by this RFP will be met and, unless specified otherwise, the Proposer has
read, understood and agreed to all the instructions in this RFP.

3. Any Proposal submitted will be regarded as an offer by the Proposer and does not constitute or
imply the acceptance of any Proposal by UNDP. UNDP is under no obligation to award a contract
to any Proposer as a result of this RFP.

4. UNDP implements a policy of zero tolerance on proscribed practices, including fraud, corruption,
collusion, unethical practices, and obstruction. UNDP is committed to preventing, identifying and
addressing all acts of fraud and corrupt practices against UNDP as well as third parties involved in
UNDP activities. (See
http://www.undp.org/about/transparencydocs/UNDP_Anti_Fraud_Policy_English_FINAL_june_
2011.pdf and
http://www.undp.org/content/undp/en/home/operations/procurement/procurement_protest/ for full
description of the policies)

5. In responding to this RFP, UNDP requires all Proposers to conduct themselves in a professional,
objective and impartial manner, and they must at all times hold UNDP’s interests paramount.
Proposers must strictly avoid conflicts with other assignments or their own interests, and act
without consideration for future work. All Proposers found to have a conflict of interest shall be
disqualified. Without limitation on the generality of the above, Proposers, and any of their
affiliates, shall be considered to have a conflict of interest with one or more parties in this
solicitation process, if they:

5.1 Are or have been associated in the past, with a firm or any of its affiliates which have been
engaged UNDP to provide services for the preparation of the design, specifications, Terms
of Reference, cost analysis/estimation, and other documents to be used for the procurement
of the goods and services in this selection process;
5.2 Were involved in the preparation and/or design of the programme/project related to the
services requested under this RFP; or
5.3 Are found to be in conflict for any other reason, as may be established by, or at the discretion
of, UNDP.

In the event of any uncertainty in the interpretation of what is potentially a conflict of interest,
proposers must disclose the condition to UNDP and seek UNDP’s confirmation on whether or not
such conflict exists.

6. Similarly, the Proposers must disclose in their proposal their knowledge of the following :

6.1 That they are owners, part-owners, officers, directors, controlling shareholders, or they have
key personnel who are family of UNDP staff involved in the procurement functions and/or

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 the Government of the country or any Implementing Partner receiving services under this
RFP; and
6.2 All other circumstances that could potentially lead to actual or perceived conflict of interest,
collusion or unfair competition practices.

Failure of such disclosure may result in the rejection of the proposal or proposals affected by the
non-disclosure.

7. The eligibility of Proposers that are wholly or partly owned by the Government shall be subject to
UNDP’s further evaluation and review of various factors such as being registered as an independent
entity, the extent of Government ownership/share, receipt of subsidies, mandate, access to
information in relation to this RFP, and others that may lead to undue advantage against other
Proposers, and the eventual rejection of the Proposal.

8. All Proposers must adhere to the UNDP Supplier Code of Conduct, which may be found at this
link: http://web.ng.undp.org/procurement/undp-supplier-code-of-conduct.pdf

B. CONTENTS OF PROPOSAL
9. Sections of Proposal

Proposers are required to complete, sign and submit the following documents:

9.1 Proposal Submission Cover Letter Form (see RFP Section 4);
9.2 Documents Establishing the Eligibility and Qualifications of the Proposer (see RFP Section
5);
9.3 Technical Proposal (see prescribed form in RFP Section 6);
9.4 Financial Proposal (see prescribed form in RFP Section 7);
9.5 Proposal Security, if applicable (if required and as stated in the Data Sheet (DS nos. 9-11),
see prescribed Form in RFP Section 8); A scanned copy of this document must be attached
with your proposal in the system and the original must be sent by mail. Original must arrive
no later than [insert date and time]
9.6 Any attachments and/or appendices to the Proposal.

10. Clarification of Proposal

10.1 Proposers may request clarifications of any of the RFP documents no later than the date
indicated in the Data Sheet (DS no. 16) prior to the proposal submission date. Any request for
clarification must be sent in writing via courier or through electronic means to the UNDP
address indicated in the Data Sheet (DS no. 17). UNDP will respond in writing by uploading
the document with the responses in the system (including an explanation of the query but
without identifying the source of inquiry). After which, all Proposers who have accepted in
the Invitation will be automatically alerted that such a clarification has been posted online.

10.2 UNDP shall endeavor to provide such responses to clarifications in an expeditious manner,
but any delay in such response shall not cause an obligation on the part of UNDP to extend
the submission date of the Proposals, unless UNDP deems that such an extension is justified
and necessary.

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 11. Amendment of Proposals

11.1 At any time prior to the deadline of Proposal submission, UNDP may for any reason, such
as in response to a clarification requested by a Proposer, modify the RFP in the form of a
Supplemental Information to the RFP that will be uploaded in the system and made available
to all Invited Proposers. All prospective Proposers (Proposers who have “accepted the Bid
Invitation” in the system) will be notified that changes have occurred. through the method
specified in the Data Sheet (DS No. 18).

11.2 In order to afford prospective Proposers reasonable time to consider the amendments in
preparing their Proposals, UNDP may, at its discretion, extend the deadline for submission
of Proposals, if the nature of the amendment to the RFP justifies such an extension.

C. PREPARATION OF PROPOSALS
12. Cost

The Proposer shall bear any and all costs related to the preparation and/or submission of the
Proposal, regardless of whether its Proposal was selected or not. UNDP shall in no case be
responsible or liable for those costs, regardless of the conduct or outcome of the procurement
process.

13. Language

The Proposal, as well as any and all related correspondence exchanged by the Proposer and UNDP,
shall be written in the language (s) specified in the Data Sheet (DS No 4). Any printed literature
furnished by the Proposer written in a language other than the language indicated in the Data Sheet,
must be accompanied by a translation in the preferred language indicated in the Data Sheet. For
purposes of interpretation of the Proposal, and in the event of discrepancy or inconsistency in
meaning, the version translated into the preferred language shall govern. Upon conclusion of a
contract, the language of the contract shall govern the relationship between the contractor and
UNDP.

14. Proposal Submission Form

The Proposer shall submit the Proposal Submission Form using the form provided in Section 4
of this RFP.

15. Technical Proposal Format and Content

Unless otherwise stated in the Data Sheet (DS no. 28), the Proposer shall structure the Technical
Proposal as follows:

15.1 Expertise of Firm/Organization – this section should provide details regarding management
structure of the organization, organizational capability/resources, and experience of
organization/firm, the list of projects/contracts (both completed and on-going, both domestic
and international) which are related or similar in nature to the requirements of the RFP, and
proof of financial stability and adequacy of resources to complete the services required by
the RFP (see RFP clause 18 and DS No. 26 for further details). The same shall apply to any
other entity participating in the RFP as a Joint Venture or Consortium.

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15.2 Proposed Methodology, Approach and Implementation Plan – this section should
demonstrate the Proposer’s response to the Terms of Reference by identifying the specific
components proposed, how the requirements shall be addressed, as specified, point by point;
providing a detailed description of the essential performance characteristics proposed;
identifying the works/portions of the work that will be subcontracted; and demonstrating how
the proposed methodology meets or exceeds the specifications, while ensuring
appropriateness of the approach to the local conditions and the rest of the project operating
environment. This methodology must be laid out in an implementation timetable that is
within the duration of the contract as specified in the Data Sheet (DS nos. 29 and 30).

Proposers must be fully aware that the products or services that UNDP requires may be
transferred, immediately or eventually, by UNDP to the Government partners, or to an entity
nominated by the latter, in accordance with UNDP’s policies and procedures. All proposers
are therefore required to submit the following in their proposals:

a) A statement of whether any import or export licences are required in respect of the goods
to be purchased or services to be rendered, including any restrictions in the country of
origin, use or dual use nature of the goods or services, including any disposition to end
users; and
b) Confirmation that the Proposer has obtained license of this nature in the past, and have
an expectation of obtaining all the necessary licenses, should their Proposal be rendered
the most responsive.

15.3 Management Structure and Key Personnel – This section should include the comprehensive
curriculum vitae (CVs) of key personnel that will be assigned to support the implementation
of the proposed methodology, clearly defining the roles and responsibilities vis-à-vis the
proposed methodology. CVs should establish competence and demonstrate qualifications in
areas relevant to the TOR.

In complying with this section, the Proposer assures and confirms to UNDP that the personnel
being nominated are available for the Contract on the dates proposed. If any of the key
personnel later becomes unavailable, except for unavoidable reasons such as death or medical
incapacity, among other possibilities, UNDP reserves the right to consider the proposal non-
responsive. Any deliberate substitution arising from unavoidable reasons, including delay in
the implementation of the project of programme through no fault of the Proposer shall be
made only with UNDP’s acceptance of the justification for substitution, and UNDP’s
approval of the qualification of the replacement who shall be either of equal or superior
credentials as the one being replaced.

15.4 Where the Data Sheet requires the submission of the Proposal Security, the Proposal
Security shall be included along with the Technical Proposal. The Proposal Security may be
forfeited by UNDP, and reject the Proposal, in the event of any or any combination of the
following conditions:

a) If the Proposer withdraws its offer during the period of the Proposal Validity specified
in the Data Sheet (DS no. 11), or;
b) If the Proposal Security amount is found to be less than what is required by UNDP as
indicated in the Data Sheet (DS no. 9), or;
c) In the case the successful Proposer fails:

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 i. to sign the Contract after UNDP has awarded it;
ii. to comply with UNDP’s variation of requirement, as per RFP clause 35; or
iii. to furnish Performance Security, insurances, or other documents that UNDP may
require as a condition to rendering the effectivity of the contract that may be
awarded to the Proposer.

16. Financial Proposals

The Financial Proposal shall be prepared using the attached standard form (Section 7). It shall list
all major cost components associated with the services, and the detailed breakdown of such costs.
All outputs and activities described in the Technical Proposal must be priced separately on a one-
to-one correspondence. Any output and activities described in the Technical Proposal but not
priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or
items, as well as in the final total price.

17. Currencies

All prices shall be quoted in the currency indicated in the Bid Event. However, where Proposals
are quoted in different currencies, for the purposes of comparison of all Proposals:

a) UNDP will convert the currency quoted in the Proposal into the UNDP preferred currency, in
accordance with the prevailing UN operational rate of exchange on the last day of submission
of Proposals; and
b) In the event that the proposal found to be the most responsive to the RFP requirement is quoted
in another currency different from the preferred currency as per Bid Event, then UNDP shall
reserve the right to award the contract in the currency of UNDP’s preference, using the
conversion method specified above.

18. Documents Establishing the Eligibility and Qualifications of the Proposer

The Proposer shall furnish documentary evidence of its status as an eligible and qualified vendor,
using the forms provided under Section 5, Proposer Information Forms. In order to award a contract
to a Proposer, its qualifications must be documented to UNDP’s satisfaction. These include, but
are not limited to, the following:

a) That, in the case of a Proposer offering to supply goods under the Contract which the Proposer
did not manufacture or otherwise produce, the Proposer has been duly authorized by the goods’
manufacturer or producer to supply the goods in the country of final destination;
b) That the Proposer has the financial, technical, and production capability necessary to perform
the Contract; and
c) That, to the best of the Proposer’s knowledge, it is not included in the UN 1267/1989 List or
the UN Ineligibility List, nor in any and all of UNDP’s list of suspended and removed vendors.

Proposals submitted by two (2) or more Proposers shall all be rejected if they are found to have any
of the following :

a) they have at least one controlling partner, director or shareholder in common; or

b) any one of them receive or have received any direct or indirect subsidy from the other/s; or
c) they have the same legal representative for purposes of this RFP; or

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 d) they have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to information about, or influence on the Proposal of, another
Proposer regarding this RFP process;
e) they are subcontractors to each other’s Proposal, or a subcontractor to one Proposal also
submits another Proposal under its name as lead Proposer; or
f) an expert proposed to be in the team of one Proposer participates in more than one Proposal
received for this RFP process. This condition does not apply to subcontractors being included
in more than one Proposal.

19. Joint Venture, Consortium or Association

If the Proposer is a group of legal entities that will form or have formed a joint venture, consortium
or association at the time of the submission of the Proposal, they shall confirm in their Proposal
that : (i) they have designated one party to act as a lead entity, duly vested with authority to legally
bind the members of the joint venture jointly and severally, and this shall be duly evidenced by a
duly notarized Agreement among the legal entities, which shall be submitted along with the
Proposal; and (ii) if they are awarded the contract, the contract shall be entered into, by and between
UNDP and the designated lead entity, who shall be acting for and on behalf of all the member
entities comprising the joint venture.

After the Proposal has been submitted to UNDP, the lead entity identified to represent the joint
venture shall not be altered without the prior written consent of UNDP. Furthermore, neither the
lead entity nor the member entities of the joint venture can:

a) Submit another proposal, either in its own capacity; nor

b) As a lead entity or a member entity for another joint venture submitting another Proposal.

The description of the organization of the joint venture/consortium/association must clearly define
the expected role of each of the entity in the joint venture in delivering the requirements of the RFP,
both in the Proposal and the Joint Venture Agreement. All entities that comprise the joint venture
shall be subject to the eligibility and qualification assessment by UNDP.

Where a joint venture is presenting its track record and experience in a similar undertaking as those
required in the RFP, it should present such information in the following manner:

a) Those that were undertaken together by the joint venture; and

b) Those that were undertaken by the individual entities of the joint venture expected to be
involved in the performance of the services defined in the RFP.

Previous contracts completed by individual experts working privately but who are permanently or
were temporarily associated with any of the member firms cannot be claimed as the experience of
the joint venture or those of its members, but should only be claimed by the individual experts
themselves in their presentation of their individual credentials.

If a joint venture’s Proposal is determined by UNDP as the most responsive Proposal that offers
the best value for money, UNDP shall award the contract to the joint venture, in the name of its
designated lead entity. The lead entity shall sign the contract for and on behalf of all other member
entities.

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 20. Alternative Proposals

Unless otherwise specified in the Data Sheet (DS nos. 5 and 6), alternative proposals shall not be
considered. Where the conditions for its acceptance are met, or justifications are clearly
established, UNDP reserves the right to award a contract based on an alternative proposal.

21. Validity Period

Proposals shall remain valid for the period specified in the Data Sheet (DS no. 8), commencing on
the submission deadline date also indicated in the Data Sheet (DS no. 21). A Proposal valid for a
shorter period shall be immediately rejected by UNDP and rendered non-responsive.

In exceptional circumstances, prior to the expiration of the proposal validity period, UNDP may
request Proposers to extend the period of validity of their Proposals. The request and the responses
shall be made in writing, and shall be considered integral to the Proposal.

22. Proposer’s Conference

When appropriate, a proposer’s conference will be conducted at the date, time and location
specified in the Data Sheet (DS no. 7). All Proposers are encouraged to attend. Non-attendance,
however, shall not result in disqualification of an interested Proposer. Minutes of the proposer’s
conference will be uploaded on the system. No verbal statement made during the conference shall
modify the terms and conditions of the RFP unless such statement is specifically written in the
Minutes of the Conference, or issued/posted as an amendment in the form of a Supplemental
Information to the RFP.

D. SUBMISSION AND OPENING OF PROPOSALS

23. Submission
23.1 The Financial Proposal and the Technical Proposal Envelopes MUST BE COMPLETELY
SEPARATE and uploaded separately in the system and clearly named as either
“TECHNICAL PROPOSAL” or “FINANCIAL PROPOSAL”, as appropriate. Each
document shall include the Proposer’s name and address. The file with the “FINANCIAL
PROPOSAL” must be encrypted with a password so that it cannot be opened nor viewed
until the Proposal has been found to pass the technical evaluation stage. Once a Proposal has
been found to be responsive by passing the technical evaluation stage, UNDP shall request
the Proposer to submit the password to open the Financial Proposal. The Proposer shall
assume the responsibility for not encrypting the financial proposal..
23.2 In the unlikely and exceptional event that the Proposers encounter technical problems when
submitting the proposal in the system, then the Proposal can be sent via email as instruction
in the Data Sheet (DsNo. XX). Proposers are however strongly advised to undertake all
necessary efforts, including requesting support from UNDP, to submit the Proposal through
the online system. In all cases, email submission must be authorized and accepted by UNDP
prior to the submission deadline indicated . Proposals submitted via email which does not
have prior authorization by UNDP will not be accepted.
23.3 Proposers must be aware that the mere act of submission of a Proposal, in and of itself,
implies that the Proposer accepts the General Contract Terms and Conditions of UNDP as
attached hereto as Section 11.

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 24. Withdrawal, Substitution, and Modification of Proposals
24.1 Proposers are expected to have sole responsibility for taking steps to carefully examine in
detail the full consistency of its Proposals to the requirements of the RFP, keeping in mind
that material deficiencies in providing information requested by UNDP, or lack clarity in
the description of services to be provided, may result in the rejection of the Proposal. The
Proposer shall assume the responsibility regarding erroneous interpretations or conclusions
made by the Proposer in the course of understanding the RFP out of the set of information
furnished by UNDP.

24.2 A Proposer may withdraw, substitute or modify its Proposal after it has been submitted
by cancelling or editing their bid in the system.

25. Confidentiality
Information relating to the examination, evaluation, and comparison of Proposals, and the
recommendation of contract award, shall not be disclosed to Proposers or any other persons not
officially concerned with such process, even after publication of the contract award.
Any effort by a Proposer to influence UNDP in the examination, evaluation and comparison of the
Proposals or contract award decisions may, at UNDP’s decision, result in the rejection of its
Proposal.

In the event that a Proposer is unsuccessful, the Proposer may seek a meeting with UNDP for a
debriefing. The purpose of the debriefing is discussing the strengths and weaknesses of the
Proposer’s submission, in order to assist the Proposer in improving the proposals presented to
UNDP. The content of other proposals and how they compare to the Proposer’s submission shall
not be discussed.

E. EVALUATION OF PROPOSALS
26. Preliminary Examination of Proposals

UNDP shall examine the Proposals to determine whether they are complete with respect to
minimum documentary requirements, whether the documents have been properly signed, whether
or not the Proposer is in the UN Security Council 1267/1989 Committee's list of terrorists and
terrorist financiers, and in UNDP’s list of suspended and removed vendors, and whether the
Proposals are generally in order, among other indicators that may be used at this stage. UNDP may
reject any Proposal at this stage.
27. Evaluation of Proposals
27.1 The evaluation team shall review and evaluate the Technical Proposals on the basis of their
responsiveness to the Terms of Reference and other documentation provided, applying the
evaluation criteria, sub-criteria, and point system specified in the Data Sheet (DS no. 32).
Each responsive Proposal will be given a technical score. A Proposal shall be rendered
non-responsive at this stage if it does not substantially respond to the RFP particularly the
demands of the Terms of Reference, which also means that it fails to achieve the minimum
technical score indicated in the Data Sheet (DS no. 25). Absolutely no changes may be
made by UNDP in the criteria, sub-criteria and point system indicated in the Data Sheet
(DS no. 32) after all Proposals have been received.

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 27.2 In the second stage, only the Financial Proposals of those Proposers who achieve the
minimum technical score will be opened for evaluation for comparison and review. The
overall evaluation score will be based either on a combination of the technical score and
the financial offer, or the lowest evaluated financial proposal of the technically qualified
Proposers. The evaluation method that applies for this RFP shall be as indicated in the
Data Sheet (DS No. 25).

When the Data Sheet specifies a combined scoring method, the formula for the rating of the
Proposals will be as follows:

Rating the Technical Proposal (TP):

TP Rating = (Total Score Obtained by the Offer / Max. Obtainable Score for TP) x 100

Rating the Financial Proposal (FP):

FP Rating = (Lowest Priced Offer / Price of the Offer Being Reviewed) x 100
Total Combined Score:
(TP Rating) x (Weight of TP, e.g. 70%)
+ (FP Rating) x (Weight of FP, e.g., 30%)
Total Combined and Final Rating of the Proposal

27.3 UNDP reserves the right to undertake a post-qualification exercise aimed at determining,
to its satisfaction the validity of the information provided by the Proposer. Such post-
qualification shall be fully documented and, among those that may be listed in the Data
Sheet (DS No.33), may include, but need not be limited to, all or any combination of the
following :

a) Verification of accuracy, correctness and authenticity of information provided by the

Proposer on the legal, technical and financial documents submitted;
b) Validation of extent of compliance to the RFP requirements and evaluation criteria based
on what has so far been found by the evaluation team;
c) Inquiry and reference checking with Government entities with jurisdiction on the Proposer,
or any other entity that may have done business with the Proposer;
d) Inquiry and reference checking with other previous clients on the quality of performance
on ongoing or previous contracts completed;
e) Physical inspection of the Proposer’s offices, branches or other places where business
transpires, with or without notice to the Proposer;
f) Quality assessment of ongoing and completed outputs, works and activities similar to the
requirements of UNDP, where available; and
g) Other means that UNDP may deem appropriate, at any stage within the selection process,
prior to awarding the contract.

28. Clarification of Proposals

To assist in the examination, evaluation and comparison of Proposals, UNDP may, at its discretion,
ask any Proposer for a clarification of its Proposal.

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 UNDP’s request for clarification and the response shall be in writing. Notwithstanding the written
communication, no change in the prices or substance of the Proposal shall be sought, offered, or
permitted, except to provide clarification, and confirm the correction of any arithmetic errors
discovered by UNDP in the evaluation of the Proposals, in accordance with RFP Clause 32.

Any unsolicited clarification submitted by a Proposer in respect to its Proposal, which is not a
response to a request by UNDP, shall not be considered during the review and evaluation of the
Proposals.

29. Responsiveness of Proposal

UNDP’s determination of a Proposal’s responsiveness will be based on the contents of the Proposal
itself.

A substantially responsive Proposal is one that conforms to all the terms, conditions, TOR and
other requirements of the RFP without material deviation, reservation, or omission.

If a Proposal is not substantially responsive, it shall be rejected by UNDP and may not subsequently
be made responsive by the Proposer by correction of the material deviation, reservation, or
omission.

30. Nonconformities, Reparable Errors and Omissions

Provided that a Proposal is substantially responsive, UNDP may waive any non-conformities or
omissions in the Proposal that, in the opinion of UNDP, do not constitute a material deviation.

Provided that a Proposal is substantially responsive, UNDP may request the Proposer to submit the
necessary information or documentation, within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the Proposal related to documentation requirements. Such
omission shall not be related to any aspect of the price of the Proposal. Failure of the Proposer to
comply with the request may result in the rejection of its Proposal.

Provided that the Proposal is substantially responsive, UNDP shall correct arithmetical errors as
follows:

a) if there is a discrepancy between the unit price and the line item total that is obtained by
multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall
be corrected, unless in the opinion of UNDP there is an obvious misplacement of the decimal
point in the unit price, in which case the line item total as quoted shall govern and the unit price
shall be corrected;
b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals
shall prevail and the total shall be corrected; and
c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless
the amount expressed in words is related to an arithmetic error, in which case the amount in
figures shall prevail subject to the above.

If the Proposer does not accept the correction of errors made by UNDP, its Proposal shall be
rejected.

14
F. AWARD OF CONTRACT
31. Right to Accept, Reject, or Render Non-Responsive Any or All Proposals

UNDP reserves the right to accept or reject any Proposal, to render any or all of the Proposals as
non-responsive, and to reject all Proposals at any time prior to award of contract, without incurring
any liability, or obligation to inform the affected Proposer(s) of the grounds for UNDP’s action.
Furthermore, UNDP shall not be obliged to award the contract to the lowest price offer.

UNDP shall also verify, and immediately reject their respective Proposal, if the Proposers are found
to appear in the UN’s Consolidated List of Individuals and Entities with Association to Terrorist
Organizations, in the List of Vendors Suspended or Removed from the UN Secretariat Procurement
Division Vendor Roster, the UN Ineligibility List, and other such lists that as may be established
or recognized by UNDP policy on Vendor Sanctions. (See
http://www.undp.org/content/undp/en/home/operations/procurement/procurement_protest/ for
details)

32. Award Criteria

Prior to expiration of the period of proposal validity, UNDP shall award the contract to the qualified
Proposer with the highest total score based on the evaluation method indicated in the Data Sheet
(DS nos. 25 and 32).

33. Right to Vary Requirements at the Time of Award

At the time of award of Contract, UNDP reserves the right to vary the quantity of services and/or
goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the
unit price or other terms and conditions.

34. Contract Signature

Within fifteen (15) days from the date of receipt of the Contract, the successful Proposer shall sign
and date the Contract and return it to UNDP.

Failure of the successful Proposer to comply with the requirement of RFP Clause 35 and this
provision shall constitute sufficient grounds for the annulment of the award, and forfeiture of the
Proposal Security if any, and on which event, UNDP may award the Contract to the Proposer with
the second highest rated Proposal, or call for new Proposals.

35. Performance Security

A performance security, if required, shall be provided in the amount and form provided in Section
9 and by the deadline indicated in the Data Sheet (DS no. 14), as applicable. Where a Performance
Security will be required, the submission of the said document, and the confirmation of its
acceptance by UNDP, shall be a condition for the effectivity of the Contract that will be signed by
and between the successful Proposer and UNDP.

15
36. Bank Guarantee for Advanced Payment

Except when the interests of UNDP so require, it is the UNDP’s preference to make no advanced
payment(s) on contracts (i.e., payments without having received any outputs). In the event that the
Proposer requires an advanced payment upon contract signature, and if such request is duly
accepted by UNDP, and the said advanced payment exceeds 20% of the total proposal price, or
exceed the amount of USD 30,000, UNDP shall require the Proposer to submit a Bank Guarantee
in the same amount as the advanced payment. A bank guarantee for advanced payment shall be
furnished in the form provided in Section 10.

37. Vendor Protest

UNDP’s vendor protest procedure provides an opportunity for appeal to those persons or firms not
awarded a purchase order or contract through a competitive procurement process. In the event that
a Proposer believes that it was not treated fairly, the following link provides further details
regarding UNDP vendor protest procedures:
http://www.undp.org/procurement/protest.shtml

16
 Instructions to Proposers
DATA SHEET
The following data for the services to be procured shall complement, supplement, or amend the provisions
in the Instruction to Proposers. In the case of a conflict between the Instructions to Proposers, the Data
Sheet, and other annexes or references attached to the Data Sheet, the provisions in the Data Sheet shall
govern.

DS Cross Ref. to
Instructions
Data
No. Specific Instructions / Requirements

1 GoI-UNDP Project ‘Strengthening Human Resource

Project Title: Management of Civil Service’ (SHRM)

2 Technical Support for Design and Development of

Title of Services/Work:
‘Blended Induction Training Programme Module’

3 Country / Region of Work New Delhi, India

Location:

4 C.13 ☒ English
Language of the Proposal:

5 C.20 Conditions for Submitting

Proposals for Parts or sub- ☒ Not allowed
parts of the TOR

6 C.20 Conditions for Submitting

Alternative Proposals ☒ Shall not be considered

7 C.22 A pre-proposal conference ☒ Not Applicable

will be held on:

8 C.21 Period of Proposal Validity ☒ 120 days

commencing on the
submission date

9 B.9.5 Proposal Security ☒ Not Required

C.15.4 b)

10 B.9.5 Acceptable forms of ☒ Not Applicable

Proposal Security

11 B.9.5 Validity of Proposal ☒ Not Applicable

C.15.4 a) Security

17
DS Cross Ref. to
Instructions
Data
No. Specific Instructions / Requirements

12 Advanced Payment upon ☒ Not allowed

signing of contract

13 Liquidated Damages ☒ Will not be imposed

14 F.37 Performance Security ☒ Not Required

15 C.17, Preferred Currency of ☒ Local Currency : Indian Rupees (INR)

C.17 b) Proposal and Method for
Currency conversion Reference date for determining UN Operational Exchange
Rate: Closing date of bid submission

16 B.10.1 Deadline for submitting 05 days before the submission date.

requests for clarifications/
questions

17 B.10.1 Contact Details for Focal Person in UNDP: Vijay K. Thapliyal,

submitting Procurement Unit,
clarifications/questions1 Address:55, Lodhi Estate, New Delhi – 110 003.

E-mail address dedicated for this purpose:

[email protected]

18 B.11.1 Manner of Disseminating ☒ Direct communication to prospective Proposers by email

Supplemental Information ☒ Uploaded in the system. Once uploaded, Prospective
to the RFP and responses/ Proposers (i.e. Proposers that have accepted the bid
clarifications to queries invitation in the system) will be notified via email that
changes have occurred. It is the responsibility of the
Proposers to view the respective changes and
clarifications in the system.

19 D.23.3 No. of copies of Bid that Only one proposal to be submitted in the system, unless
must be submitted alternate proposals are allowed.

20 D.23.1 b) Bid submission address To be submitted in eTendering system:

D.23.2
https://etendering.partneragencies.org

1
This contact person and address is officially designated by UNDP. If inquiries are sent to other person/s or
address/es, even if they are UNDP staff, UNDP shall have no obligation to respond nor can UNDP confirm that the
query was officially received.

18
DS Cross Ref. to
Instructions
Data
No. Specific Instructions / Requirements

21 C.21.1 Deadline of Bid Date and Time: As specified in the system (note that time
D.24 Submission zone indicated in the system is New York Time zone).
PLEASE NOTE:
1. Date and time visible on the main screen of event (on e-
tendering portal) will be final and prevail over any other
closing time indicated elsewhere, in case they are different.
Please also note that the bid closing time shown in the PDF
file generated by the system is not accurate due to a technical
glitch that we will resolve soon. The correct bid closing time
is as indicated in the e-tendering portal and system will not
accept any bid after that time. It is the responsibility of the
bidder to make sure bids are submitted within this deadline.
UNDP will not accept any bid that is not submitted directly
in the system.
2. Try to submit your bid a day prior or well before the
closing time. Do not wait until last minute. If you face any
issue submitting your bid at the last minute, UNDP may not
be able to assist.

22 D.23.2 Allowable Manner of ☒ Online bidding in Etendering module.

Submitting Proposals

23 D.23.2 Conditions and Procedures ☒ One file, containing Technical proposal (including CVs,
D.26 for electronic submission registration certificate and all supporting documents).
and opening, if allowed
☒ One file, containing Financial Proposal (password
encrypted). Password must not be provided to UNDP until it
is formally requested by UNDP focal point indicated in DS
No. 17

Note: We prefer submitting pdf version of files. If one file is

too bulky, may split into 4-5 files.

25 E.29.2 Evaluation method to be ☒ Compliance on Preliminary Examination of Proposals

E.29.3 used in selecting the most ☒ Compliance on Essential Eligibility/ Qualification
F.34 responsive Proposal requirements
☒ Combined Scoring Method, using the 70%-30%
distribution for technical and financial proposals,
respectively, where the minimum passing score of
technical proposal is 70%

26 C.15.1 Required Documents that ☒ Certificate of Registration of the business, including

must be Submitted to Articles of Incorporation, or equivalent document if Bidder is
Establish Qualification of not a corporation.

19
DS Cross Ref. to
Instructions
Data
No. Specific Instructions / Requirements

Proposers (In “Certified ☒ Official Letter of Appointment as local representative, if

True Copy” form only) Bidder is submitting a Bid in behalf of an entity located
outside the country

27 Other documents that may (See Tables below)

be Submitted to Establish
Eligibility

28 C.15 Structure of the Technical Please refer to Section 6 for guidance on Technical proposal
Proposal format and structure

29 C.15.2 Latest Expected date for March 7, 2017

commencement of Contract

30 C.15.2 Expected duration of 9 months

contract (Target
Commencement Date and
Completion Date)

31 UNDP will award the ☒ One Proposer only

contract to:

32 E.29.2 Criteria for the Award of (See Tables below)

F.34 Contract and Evaluation of
Proposals

33 E.29.4 Post-Qualification Actions ☒ Verification of accuracy, correctness and authenticity

of the information provided by the bidder on the legal,
technical and financial documents submitted;
☒ Inquiry and reference checking with other previous
clients on the quality of performance on ongoing or
previous contracts completed;

☒ Quality Certificate (e.g., ISO, etc.) and/or other similar

certificates, accreditations, awards and citations received by
the Bidder, if any

☒ Environmental Compliance Certificates, Accreditations,

Markings/Labels, and other evidences of the Bidder’s
practices which contributes to the ecological sustainability
and reduction of adverse environmental impact (e.g., use of
non-toxic substances, recycled raw materials, energy-
efficient equipment, reduced carbon emission, etc.), either in
its business practices or in the goods it manufactures

20
DS Cross Ref. to
Instructions
Data
No. Specific Instructions / Requirements

34 Conditions for Determining ☒ Signing of Contract; and acceptance of UNDP Terms &
Contract Effectivity Conditions.

35 Other Information Related Proposals are invited from the institutions/ organizations
to the RFP only. Proposal submitted by Individuals will not be accepted.

Criteria for Preliminary Examination of Proposals:

1. Technical proposal is submitted separate to financial proposal

2. Financial proposal is password encrypted
3. Submission of latest Business Registration Certificate
4. Proposer or any of its joint venture member must not be included in UN Security Council 1267
List, Suspended and Removed vendors list.

Criteria for Essential Eligibility/ Qualification requirements:

1. Should have been incorporated as a Company under the Indian Company's Act
2. Should have been in the business of Learning Content Development - e-learning, Instructor-Led-
Training, Blended Training for a minimum period of 5 years
3. Should have worked with either some Ministry or Department of Government of India on learning
content development in the last 3 years
4. Should have developed and deployed at least 1 Faculty Training Programme

Note:

1. If bidders do not meet any of the above listed criteria for Preliminary Examination; and Essential
Eligibility/ Qualification, their proposals Will not be considered for further evaluation.

2. Bidders meeting above listed criteria are required to submit evidences (details / documents) in
support – otherwise proposal may be disqualified.

Criteria for Detailed Technical Evaluation:

Summary of Technical Proposal Evaluation Forms Points Obtainable

1. Expertise of Firm / Organization 280

2. Proposed Methodology, Approach and Implementation Plan 140
3. Qualification and experience of Key Personnel 280
Total 700

21
Technical Proposal Evaluation Points
Form 1 obtainable

Expertise of the Firm/Organization

1.1 Company experience measured by years spent in e-learning or Instructor-Led- 40

Training (ILT) or blended learning content development (40 marks)
Up to 3 years’ experience: 10 points
Up to 8 years’ experience: 20 points
More than 8 years’ experience: 40 points

1.2 Company experience measured by hours of e-learning content produced over 40

the last 3 years (40 marks)
Up to 8 hours experience: 10 points
Up to 16 hours experience: 20 points
More than 16 hours experience: 40 points

1.3 Company experience measured by hours of ILT content produced over the last 30
3 years (30 marks)

Up to 8 hours experience: 10 points

Up to 16 hours experience: 20 points
More than16 hours experience: 30 points

1.4 Company experience measured by work done with any International 30

Development or Financing Agency (such as UNDP, World Bank etc.) over the
last 3 years - minimum project size of INR 10 lakhs (30 marks)

Minimum 1 assignment:10 points

Up to 3 assignments:20 points
More than 3 assignments: 30 points

1.5 Company experience measured by work done with any Ministry or Department 40
or Institution of the Governing of India in e-learning, blended learning agenda
– minimum project size of INR10 lakhs (40 marks)

Minimum 1 assignment: 5 points

Up to 3 assignments: 20 points
More than 3 assignments: 40 points

1.6 Company experience measured by work done in multiple Indian languages - 20

each project of min 3 e-learning hours or 3 days of ILT Content Development
(20 marks)

Minimum 1assignment: 5 points

Up to 2 assignments: 10 points
More than 2 assignments: 20 points

22
 Technical Proposal Evaluation Points
Form 1 obtainable

Expertise of the Firm/Organization

1.7 Company experience in designing and delivering of Faculty Development 30

programs (30 marks)

Minimum 1 assignment: 5 points

Up to 3 assignments:10 points
More than 3 assignments: 30 points

1.8 Empanelment with NIC 20

1.9 Organizational Commitment to Sustainability: 30

- Organization is compliant with ISO 14001 or ISO 14064 or equivalent (10 points)
- Organization is a member of the UN Global Compact (10 points)
- Organization demonstrates significant commitment to sustainability through some
other means (10 points) (for example internal company policy documents on women
empowerment, renewable energies or membership of trade institutions promoting such
issues)

280

Technical Proposal Evaluation Points

Form 2 Obtainable

Proposed Methodology, Approach and Implementation Plan

2.1 Understanding the scope of work, and objectives of the assignment 45

2.2 Approach and methodology proposed – comprehensiveness & fitness against 50

requirements

2.3 Quality of proposed implementation plan, i.e. how the bidder will undertake 45
each task, and time-schedules
140

23
Technical Proposal Evaluation Points
Form3 Obtainabl
e
Qualification and experience of Key Personnel
3.1 Proposed Team: Organization of the team with roles & responsibilities
140
Team Leader: As this involves consultancy, the team leader must be a qualified
personal in the field of instructional design, training delivery and human
performance improvement such as a CPLP with a background experience of
working with Government and International Financial Institutions

Qualifications:

Minimum Master’s Degree in it or relevant field: 20 points

For any additional degree/certification: 5 points each up to maximum of 40 points

Experience:

Up to 5 years’ experience: 30 points

Up to 10 years’ experience: 70 points
More than 10 years’ experience: 100 points

3.2 Qualifications & Experience of Key Personnel

140
Relevant experience, skills, competencies; professional expertise, knowledge
and experience with similar projects, contracts, clients and consulting
assignments; and design, development and deployment of websites & portals

Qualifications:

Minimum Bachelor’s Degree in IT or relevant field: 20 points

For any additional degree/certification: 5 points each up to maximum of 40 points

Experience:

Up to 5 years’ experience: 50 points

Up to 7 years’ experience: 70 points
More than 7 years’ experience: 100 points

280

24
 Section 3: Terms of Reference (TOR)
Technical support for design and development of ‘Blended Induction Training Programme
Module’

Background:

Department of Personnel and Training (DoPT) in collaboration with United Nations Development
Programme (UNDP) is implementing the GoI-UNDP Project ‘Strengthening Human Resource
Management of Civil Service’ (SHRM) with the objective to support the Government’s effort to
promote rapid, inclusive and sustainable growth. The project strives towards strengthening the
accountability and performance of civil servants. The project also provides support to training
institutions engaged in civil service capacity development.
The proposed Blended Induction Training Programme (BITP) Module will allow officers and
faculty to take advantage of much of the flexibility and convenience of an online course while
retaining the benefits of the face-to-face classroom experience. The BITP will be strategically
aligned with the mission and goals of the 12-day ITP to develop skills and attitude towards
improving service delivery keeping the citizen at the core. The advantages of programme will be
requirement of limited classroom space; to infuse new opportunities to officers who have had
limited or no training to build the requisite skills, knowledge and attitude; and offer the
convenience of online learning combined with the social and instructional interaction that may not
lend themselves to online delivery (e.g., motivational talk, understanding of the vision and
proctoring assessments).

Precise statement of objectives:

Proposed Blended training programme for frontline government functionaries will supplement the
existing 12-day Induction Training programme (ITP) being implemented in 26 states, for newly
recruited (0-2 years) frontline state government functionaries who have received no training for
professional and personal development, in the last 5 years

Objectives:

‐ To improve public service delivery

‐ Promote Good-governance and citizen centric administration
‐ Provide induction training to recently recruited frontline functionaries in the states
Programme Design:

‐ 28 hours blended training with

o 20 hours/1200 minutes of e-learning/15 modules
o 8 hours of face to face training delivered by Master Trainers at District Training Centre
‐ 20 days to each participant to complete the 15 e- modules at their own pace

25
Scope of Work:

Module Development:

General:

 To develop 15 e-Modules (12 Soft Skill Modules and 3 Domain Modules) by adopting a highly
consultative approach in which various stakeholders will actively participate and provide feedback
and guidance
 Training support to LRC/department in use of the blended module
 To host the Blended Module on agency’s server and ultimately transferring it to NIC server (DoPT
website)
 To work in coordination with LRC and Department of Personnel & Training (DoPT)

Specific Tasks:

 Identify tools and content for preparation of e-Modules

 Develop and review the script/content for modules
 Engage in Stakeholder consultation
 Prepare 15 approved final blended modules for launch
 Prepare draft scripts, blended module design, support materials/examples and samples
 Prepare draft template for Domain Module
 Prepare e-Course Guide, Trainer Guide for 8 hour of Training of Trainer (TOT) Programme
 Prepare LMS, CMS and Assessment frames
 Design the Certificate of Completion
 Host Blended Modules on agency’s server and transferring it to NIC server (DoPT website) after
undergoing security audits through a Website Security Auditor Company empanelled with NIC.
 Provide support to LRC/department in launch of the module
o Provide finalized contents in e-platform
o Demonstration

Schedule for completion of tasks:

‐ The Agency will be hired for a period of 9 months (March 2017 – November 2017)
‐ March 7, 2017: Award of Contract

26
 Payment
S.No. Deliverables Timelines
(%)

1 Submission and Approval of sample e- Module and blank By 31st March 20%
template

2 Completion and approval of 15 e-Modules, e-Course Guide, April 2017 50%

Trainer Guide, Certificate and Domain Module Template

3 Creation and Approval of LMS, CMS and Assessment Frames July 2017 20%

By November
4 Uploading/transferring of Blended Modules from host server to 10%
NIC server/DoPT website 2017

Management Arrangement/Support or inputs to be provided by Department:

The Agency will work under the overall direction of Director-LRC/Project Manager-SHRM and
Director - (Training Division, DoPT).

Selection Criteria/Competencies:

Minimum qualification criteria (to be demonstrated by submission of documentary proof)

1. Should have been incorporated as a Company under the Indian Company's Act
2. Should have been in the business of Learning Content Development - e-learning, Instructor-Led-
Training, Blended Training for a minimum period of 5 years
3. Should have worked with either some Ministry or Department of Government of India on
learning content development in the last 3 years
4. Should have developed and deployed at least 1 Faculty Training Programme

Summary of Technical Proposal Evaluation Forms Points Obtainable

1. Expertise of Firm / Organization 280

2. Proposed Methodology, Approach and Implementation Plan 140
3. Qualification and experience of Key Personnel 280
Total 700

Proposals will be reviewed and evaluated by UNDP based on the following criteria:

• Technical proposal, including methodology, institutional capacity and experience to implement the
project (70%)
• Financial competitiveness (30%)

If no proposal meets the criteria, UNDP reserve the right not to award the assignment to any of the
applicants.

27
Deliverables

1. The Assignment will be considered complete on:

‐ Completion and approval of all the 15 e-Modules (12 Soft Skill and 3 Domain Modules), e-Course
Guide, Trainer Guide & Certificate
‐ Completion of LMS, CMS and Assessment Frames
‐ Launch of 15 e- Modules
‐ Complete handover of the e- Modules to SHRM/DoPT
‐ Agency to run a security check through a Website Security Auditor Company before handover
‐ Final transfer of e- Module from host server to NIC server/DoPT website
‐ Agency must give proper detailed timesheet of individuals involved and time of delivery.

2. Maintenance and Support Period

‐ Agency will host the Blended Module during the development process.
‐ Agency will transfer the Modules to NIC web server.
‐ Agency will provide initial technical support for continuous upload of the package content.

28
 Section 4: Proposal Submission Form2
To: [insert: Name and Address of UNDP focal point]

Dear Sir/Madam:

We, the undersigned, hereby offer to provide professional services for [insert: title of services] in accordance
with your Request for Proposal dated [insert: Date] and our Proposal. We are hereby submitting our Proposal, which
includes the Technical Proposal and Financial Proposal in separate files. Financial Proposal is password protected as
required by UNDP.

We hereby declare that:

a) All the information and statements made in this Proposal are true and we accept that any
misrepresentation contained in it may lead to our disqualification;
b) We are currently not on the removed or suspended vendor list of the UN or other such lists of other UN
agencies, nor are we associated with, any company or individual appearing on the 1267/1989 list of the
UN Security Council;
c) We have no outstanding bankruptcy or pending litigation or any legal action that could impair our
operation as a going concern; and
d) We do not employ, nor anticipate employing, any person who is or was recently employed by the UN or
UNDP.

We confirm that we have read, understood and hereby accept the Terms of Reference describing
the duties and responsibilities required of us in this RFP, and the General Terms and Conditions of UNDP’s
Contract for Professional Services.
We agree to abide by this Proposal for [insert: period of validity as indicated in Data Sheet].
We undertake, if our Proposal is accepted, to initiate the services not later than the date indicated
in the Data Sheet.

We fully understand and recognize that UNDP is not bound to accept this proposal, that we shall
bear all costs associated with its preparation and submission, and that UNDP will in no case be responsible
or liable for those costs, regardless of the conduct or outcome of the evaluation.

We remain,
Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Contact Details :

[please mark this letter with your corporate seal, if available]

2
No deletion or modification may be made in this form. Any such deletion or modification may lead to the
rejection of the Proposal.

29
Section 5: Documents Establishing the Eligibility and Qualifications
of the Proposer

Proposer Information Form3

Date: [insert date (as day, month and year] of Proposal Submission]
RFP No.: [insert number]

Page ________of ________ pages

1. Proposer’s Legal Name [insert Proposer’s legal name]

2. In case of Joint Venture (JV), legal name of each party: [insert legal name of each party in JV]

3. Actual or intended Country/ies of Registration/Operation: [insert actual or intended Country of

Registration]

4. Year of Registration: [insert Proposer’s year of registration]

5. Countries of Operation 6. No. of staff in each Country 7.Years of Operation in each

Country

8. Legal Address/es in Country/ies of Registration/Operation: [insert Proposer’s legal address in country of

registration]

9. Value and Description of Top three (3) Biggest Contract for the past five (5) years

10. Latest Credit Rating (if any)

11. Brief description of litigation history (disputes, arbitration, claims, etc.), indicating current status and
outcomes, if already resolved.

12. Proposer’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s name]
Telephone/Fax numbers: [insert Authorized Representative’s name]
Email Address: [insert Authorized Representative’s name]
13. Are you in the UNPD List 1267.1989 or UN Ineligibility List ? ☐ YES or ☐ NO

14. Attached are copies of original documents of:

☐ All eligibility document requirements listed in the Data Sheet

☐ If Joint Venture/Consortium – copy of the Memorandum of Understanding/Agreement or Letter of Intent
to form a JV/Consortium, or Registration of JV/Consortium, if registered
☐ If case of Government corporation or Government-owned/controlled entity, documents establishing legal
and financial autonomy and compliance with commercial law.

3
The Proposer shall fill in this Form in accordance with the instructions. Apart from providing additional information, no
alterations to its format shall be permitted and no substitutions shall be accepted.

30
 Joint Venture Partner Information Form (if Registered)4
Date: [insert date (as day, month and year) of Proposal Submission]
RFP No.: [insert number]

Page ________ of_ ______ pages

1. Proposer’s Legal Name: [insert Proposer’s legal name]

2. JV’s Party legal name: [insert JV’s Party legal name]

3. JV’s Party Country of Registration: [insert JV’s Party country of registration]

4. Year of Registration: [insert Party’s year of registration]

5. Countries of Operation 6. No. of staff in each Country 7.Years of Operation in each

Country

8. Legal Address/es in Country/ies of Registration/Operation: [insert Party’s legal address in country of

registration]

9. Value and Description of Top three (3) Biggest Contract for the past five (5) years

10. Latest Credit Rating (if any)

1. Brief description of litigation history (disputes, arbitration, claims, etc.), indicating current status and
outcomes, if already resolved.

13. JV’s Party Authorized Representative Information

Name: [insert name of JV’s Party authorized representative]
Address: [insert address of JV’s Party authorized representative]
Telephone/Fax numbers: [insert telephone/fax numbers of JV’s Party authorized representative]
Email Address: [insert email address of JV’s Party authorized representative]
14. Attached are copies of original documents of: [check the box(es) of the attached original documents]

☐ All eligibility document requirements listed in the Data Sheet

☐ Articles of Incorporation or Registration of firm named in 2.
☐ In case of government owned entity, documents establishing legal and financial autonomy and compliance
with commercial law.

4 The Proposer shall fill in this Form in accordance with the instructions. Apart from providing additional information, no
alterations to its format shall be permitted and no substitutions shall be accepted.

31
 Section 6: Technical Proposal Form
The firm is expected to provide the technical proposal in the format described below. The technical
proposal should have three sections. First section on expertise of firm/organization; second section
should consist of proposed methodology, work plan and understanding of Terms of Reference;
and third section should consist of qualification and experience of personnel to be deployed in the
assignment.

Note: Technical Proposals not submitted in this format may be rejected.

TECHNICAL PROPOSAL FORMAT

Name of Proposing Organization / Firm:
Country of Registration:
Name of Contact Person for this
Proposal:
Address:
Phone / Fax:
Email:

SECTION 1: EXPERTISE OF FIRM/ ORGANISATION

1.1 Brief Description of Proposer as an Entity: Provide a brief description of the organization / firm
submitting the proposal, its legal mandates/authorized business activities, the year and country of
incorporation, types of activities undertaken, and approximate annual budget, etc. Include reference
to reputation, or any history of litigation and arbitration in which the organisation / firm has been
involved that could adversely affect or impact the performance of services, indicating the
status/result of such litigation/arbitration.

1.2. Financial Capacity: Provide the latest Audited Financial Statement (Income Statement and
Balance Sheet) duly certified by a Public Accountant, and with authentication of receiving by the
Government’s Internal Revenue Authority. Include any indication of credit rating, industry rating,
etc.

1.3. Track Record and Experiences: Provide the following information regarding corporate
experience within the last five (5) years which are related or relevant to those required for this
Contract.

Name Client Contract Period Types of Status or References

of Value of activities Date Contact
project activity undertaken Completed Details (Name,
Phone, Email)

32
 SECTION 2 - APPROACH AND IMPLEMENTATION PLAN

2.1. Approach to the Service/Work Required: Please provide a detailed description of the
methodology for how the organisation/firm will achieve the Terms of Reference of the
project, keeping in mind the appropriateness to local conditions and project environment.

2.2. Technical Quality Assurance Review Mechanisms: The methodology shall also include
details of the Proposer’s internal technical and quality assurance review mechanisms.

2.3 Implementation Timelines: The Proposer shall submit a Gantt Chart or Project Schedule
indicating the detailed sequence of activities that will be undertaken and their corresponding
timing.

2.4. Subcontracting: Explain whether any work would be subcontracted, to whom, how much
percentage of the work, the rationale for such, and the roles of the proposed sub-contractors.
Special attention should be given to providing a clear picture of the role of each entity and
how everyone will function as a team.

2.5. Risks / Mitigation Measures: Please describe the potential risks for the implementation
of this project that may impact achievement and timely completion of expected results as well
as their quality. Describe measures that will be put in place to mitigate these risks.

2.6. Reporting and Monitoring: Please provide a brief description of the mechanisms
proposed for this project for reporting to the UNDP and partners, including a reporting
schedule.

2.7. Anti-Corruption Strategy: Define the anti-corruption strategy that will be applied in this
project to prevent the misuse of funds. Describe the financial controls that will be put in
place.

2.8. Partnerships: Explain any partnerships with local, international or other organizations
that are planned for the implementation of the project. Special attention should be given to
providing a clear picture of the role of each entity and how everyone will function as a team.
Letters of commitment from partners and an indication of whether some or all have
successfully worked together on other previous projects is encouraged.

2.9 Statement of Full Disclosure: This is intended to disclose any potential conflict in
accordance with the definition of “conflict” under Section 4 of this document, if any.

2.10 Other: Any other comments or information regarding the project approach and
methodology that will be adopted.

33
 SECTION 3: PERSONNEL

3.1 Management Structure: Describe the overall management approach toward planning and implementing this
activity. Include an organization chart for the management of the project describing the relationship of key
positions and designations.

3.2 Staff Time Allocation: Provide a spreadsheet will be included to show the activities of each staff member and
the time allocated for his/her involvement. (Note :This spreadsheet is crucial and no substitution of personnel will
be tolerated once the contract has been awarded except in extreme circumstances and with the written approval of
the UNDP. If substitution is unavoidable it will be with a person who, in the opinion of the UNDP project manager,
is at least as experienced as the person being replaced, and subject to the approval of UNDP. No increase in costs
will be considered as a result of any substitution.)

3.3 Qualifications of Key Personnel. Provide the CVs for key personnel (Team Leader, Managerial and general
staff) that will be provided to support the implementation of this project. CVs should demonstrate qualifications in
areas relevant to the Scope of Services. Please use the format below:

Name:
Position for this Contract:
Nationality:
Contact information:
Countries of Work Experience:
Language Skills:
Educational and other Qualifications:
Summary of Experience: Highlight experience in the region and on similar projects.
Relevant Experience (From most recent):
Period: From – To Name of activity/ Project/ funding Job Title and Activities
organisation, if applicable: undertaken/Description of
actual role performed:
e.g. June 2004-January 2005
Etc.
References no.1 (minimum of 3): Name
Designation
Organization
Contact Information – Address; Phone; Email; etc.
Reference no.2 Name
Designation
Organization
Contact Information – Address; Phone; Email; etc.
Reference no.3 Name
Designation
Organization
Contact Information – Address; Phone; Email; etc.
Declaration:

I confirm my intention to serve in the stated position and present availability to serve for the term of the proposed
contract. I also understand that any wilful misstatement described above may lead to my disqualification, before
or during my engagement.
_________________________________________________ __________________________
Signature of the Nominated Team Leader/Member Date Signed

34
 Section 7: Financial Proposal Form5

The Proposer is required to prepare the Financial Proposal in a password protected PDF file
separate from the rest of the RFP as indicated in the Instruction to Proposers.

The Financial Proposal must provide a detailed cost breakdown. Provide separate figures for each
functional grouping or category.

Any estimates for cost-reimbursable items, such as travel and out-of-pocket expenses, should be
listed separately.

In case of an equipment component to the service provider, the Price Schedule should include
figures for both purchase and lease/rent options. UNDP reserves the option to either lease/rent or
purchase outright the equipment through the Contractor.

The format shown on the following pages is suggested for use as a guide in preparing the Financial
Proposal. The format includes specific expenditures, which may or may not be required or
applicable but are indicated to serve as examples.

A. Cost Breakdown per Deliverables*

Price
Deliverables Percentage of Total Price
SN (Lump Sum, All
(Weight for payment)
Inclusive)
1 Submission and Approval of 20%
sample e- Module and blank
template
2 Completion and approval of 15 50%
e-Modules, e-Course Guide,
Trainer Guide, Certificate and
Domain Module Template
3 Creation and Approval of LMS, 20%
CMS and Assessment Frames
4 Uploading/transferring of 10%
Blended Modules from host
server to NIC server/DoPT
website
Total 100% INR ……
*Basis for payment tranches

5
No deletion or modification may be made in this form. Any such deletion or modification may lead to the
rejection of the Proposal.

35
B. Cost Breakdown by Cost Component:
The Proposers are requested to provide the cost breakdown for the above given prices for each
deliverable based on the following format. UNDP shall use the cost breakdown for the price
reasonability assessment purposes as well as the calculation of price in the event that both parties
have agreed to add new deliverables to the scope of Services.

Remuneration
Total Period
per Unit of No. of Total Rate for
Description of Activity of
Time Personnel the period
Engagement
I. Personnel Services*
1. Team Leader
2. Team Member1
3. Team Member2
4. Team
Member3………………..

II. Out of Pocket Expenses

1. Communications
2. Reproduction & printing
3. Others (if any)

III. Any Other Cost (if any)

Total INR……………

* Structure of the team is to be proposed by Proposer in accordance to the understanding

of the Section -3 : Terms of Reference (ToR).

[Name and Signature of the Service

Provider’s Authorized Person]
[Designation]
[Date]

36
 Section 8: Contract for Professional Services
Date _____________

Dear Sir/Madam,

Ref.: ______/ _______/ ______ [INSERT PROJECT NUMBER AND TITLE OR OTHER REFERENCE]

The United Nations Development Programme (hereinafter referred to as "UNDP"), wishes to engage your
[company/organization/institution], duly incorporated under the Laws of _____________ [INSERT NAME OF
THE COUNTRY] (hereinafter referred to as the "Contractor") in order to perform services in respect of ___________
[INSERT SUMMARY DESCRIPTION OF THE SERVICES] (hereinafter referred to as the "Services"), in
accordance with the following Contract:

1. Contract Documents

1.1 This Contract is subject to the UNDP General Conditions for Professional Services attached hereto as Annex I.
The provisions of such Annex shall control the interpretation of this Contract and in no way shall be deemed to
have been derogated by the contents of this letter and any other Annexes, unless otherwise expressly stated under
section 4 of this letter, entitled "Special Conditions".

1.2 The Contractor and UNDP also agree to be bound by the provisions contained in the following documents, which
shall take precedence over one another in case of conflict in the following order:

a) this Letter;
b) the Terms of Reference [ref. ......dated........], attached hereto as Annex II;
c) the Contractor's Proposal [ref......, dated ........]

1.3 All the above shall form the Contract between the Contractor and UNDP, superseding the contents of any other
negotiations and/or agreements, whether oral or in writing, pertaining to the subject of this Contract.

2. Obligations of the Contractor

2.1 The Contractor shall perform and complete the Services described in Annex II with due diligence and efficiency
and in accordance with the Contract.

2.2 The Contractor shall provide the services of the following key personnel:

Name Specialization Nationality Period of service

.... .............. ........... ..................

.... .............. ........... ..................

2.3 Any changes in the above key personnel shall require prior written approval of
____________________________________ [NAME and TITLE], UNDP.

2.4 The Contractor shall also provide all technical and administrative support needed in order to ensure the timely
and satisfactory performance of the Services.

2.5 The Contractor shall submit to UNDP the deliverables specified hereunder according to the following schedule:

[LIST DELIVERABLES] [INDICATE DELIVERY DATES]

e.g.

37
 Progress report ../../....
............... ../../....
Final report ../../....

2.6 All reports shall be written in the English language, and shall describe in detail the services rendered under the
Contract during the period of time covered in such report. All reports shall be transmitted by the Contractor by
_________ [MAIL] to the address specified in 9.1 below.

2.7 The Contractor represents and warrants the accuracy of any information or data provided to UNDP for the
purpose of entering into this Contract, as well as the quality of the deliverables and reports foreseen under this
Contract in accordance with the highest industry and professional standards.

3. Price and Payment

3.1 In full consideration for the complete and satisfactory performance of the Services under this Contract, UNDP
shall pay the Contractor a fixed contract price of ________ [INSERT CURRENCY & AMOUNT IN
FIGURES AND WORDS].

3.2 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 Contract.

3.3 Payments effected by UNDP to the Contractor shall be deemed neither to relieve the Contractor of its obligations
under this Contract nor as acceptance by UNDP of the Contractor's performance of the Services.

3.4 UNDP shall effect payments to the Contractor after acceptance by UNDP of the invoices submitted by the
Contractor to the address specified in 9.1 below, upon achievement of the corresponding milestones and for the
following amounts:

MILESTONE AMOUNT TARGET DATE

Upon..... ...... ./../....

......... ...... ../../....

Invoices shall indicate the milestones achieved and corresponding amount payable.

4. Special conditions

4.1 The responsibility for the safety and security of the Contractor and its personnel and property, and of UNDP’s
property in the Contractor’s custody, rests with the Contractor.

4.1.1. Security

The Contractor shall:

(a) put in place an appropriate security plan and maintain the security plan, taking into account the
security situation in the country where the services are being provided;
(b) assume all risks and liabilities related to the Contractor’s security, and the full implementation of
the security plan.

4.1.2 UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan
when necessary. Failure to maintain and implement an appropriate security plan as required hereunder
shall be deemed a breach of this contract. Notwithstanding the foregoing, the Contractor shall remain solely
responsible for the security of its personnel and for UNDP’s property in its custody as set forth in paragraph
4.1 above.

38
 4.2 Audits and Investigations

Each invoice paid by UNDP shall be subject to a post-payment audit by auditors, whether internal or external,
of UNDP or the authorized agents of the UNDP at any time during the term of the Contract and for a period of
three (3) years following the expiration or prior termination of the Contract. The UNDP shall be entitled to a
refund from the Contractor for any amounts shown by such audits to have been paid by the UNDP other than
in accordance with the terms and conditions of the Contract. Should the audit determine that any funds paid by
UNDP have not been used as per contract clauses, the company shall reimburse such funds forthwith. Where
the company fails to reimburse such funds, UNDP reserves the right to seek recovery and/or to take any other
action as it deems necessary.

4.2.1 The Contractor acknowledges and agrees that, at anytime, UNDP may conduct investigations relating to
any aspect of the Contract, the obligations performed under the Contract, and the operations of the
Contractor generally. The right of UNDP to conduct an investigation and the Contractor’s obligation to
comply with such an investigation shall not lapse upon expiration or prior termination of the Contract. The
Contractor shall provide its full and timely cooperation with any such inspections, post-payment audits or
investigations. Such cooperation shall include, but shall not be limited to, the Contractor’s obligation to
make available its personnel and any documentation for such purposes and to grant to UNDP access to the
Contractor’s premises. The Contractor shall require its agents, including, but not limited to, the
Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-
payment audits or investigations carried out by UNDP hereunder.

4.3 Anti-terrorism
The Contractor agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received under
this Contract are used to provide support to individuals or entities associated with terrorism and that the
recipients of any amounts provided by UNDP hereunder do not appear on the list maintained by the Security
Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be included in all sub-
contracts or sub-agreements entered into under this Contract.

4.4 The advance payment to be made upon signature of the contract by both parties is contingent upon receipt and
acceptance by UNDP of a bank guarantee for the full amount of the advance payment issued by a Bank and in a
form acceptable to UNDP.

5. Submission of invoices

5.1 An original invoice shall be submitted by mail by the Contractor for each payment under the Contract to the
following address:
.................………………………………………………………………………………………………………

5.2 Invoices submitted by fax shall not be accepted by UNDP.

6. Time and manner of payment

6.1 Invoices shall be paid within thirty (30) days of the date of their acceptance by UNDP. UNDP shall make every
effort to accept an invoice or so advise the Contractor of its non-acceptance within a reasonable time from receipt.

6.2 All payments shall be made by UNDP to the following Bank account of the Contractor:

______________________ [NAME OF THE BANK]

______________________ [ACCOUNT NUMBER]

______________________ [ADDRESS OF THE BANK]

39
7. Entry into force. Time limits.

7.1 The Contract shall enter into force upon its signature by both parties.

7.2 The Contractor shall commence the performance of the Services not later than ______ [INSERT DATE] and
shall complete the Services within _____________ [INSERT NUMBER OF DAYS OR MONTHS] of such
commencement.

7.3 All time limits contained in this Contract shall be deemed to be of the essence in respect of the performance of
the Services.

8. Modifications

8.1 Any modification to this Contract shall require an amendment in writing between both parties duly signed by the
authorized representative of the Contractor and __________ [NAME AND TITLE] UNDP.

9. Notifications

For the purpose of notifications under the Contract, the addresses of UNDP and the Contractor are as follows:

For the UNDP:

Name
Designation
Address
Tel. No. Fax. No.
Email address:

For the Contractor:

Name
Designation
Address
Tel. No. Fax. No.
Email address:

If the above terms and conditions meet with your agreement as they are typed in this letter and in the Contract Documents,
please initial every page of this letter and its attachments and return to this office one original of this Contract, duly signed
and dated.

Yours sincerely,

[INSERT NAME AND DESIGNATION]

For [INSERT NAME OF THE COMPANY/ORGANIZATION]

Agreed and Accepted:

Signature ____________________________
Name: __________________________
Title: ____________________________
Date: _____________________________

40
 UNDP
GENERAL CONDITIONS OF CONTRACT FOR SERVICES
1.0 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.

2.0 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.

3.0 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.

4.0 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.

5.0 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.

6.0 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.

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

41
8.0 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.

9.0 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.

10.0 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.

11.0 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.

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.

42
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.

12.0 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.

13.0 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.

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.

43
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.

14.0 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..

15.0 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.

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.

16.0 SETTLEMENT OF DISPUTES

16.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or

44
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.

17.0 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.

18.0 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.

19.0 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.

20.0 MINES:

20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged

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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.

21.0 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.

22.0 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.

23.0 SECURITY:
23.1 The Contractor shall:
(c) Put in place an appropriate security plan and maintain the security plan, taking into account the
security situation in the country where the services are being provided;
(d) Assume all risks and liabilities related to the Contractor’s security, and the full implementation of
the security plan.

23.2 UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan
when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed
a breach of this contract. Notwithstanding the foregoing, the Contractor shall remain solely responsible for the security
of its personnel and for UNDP’s property in its custody as set forth in paragraph 4.1 above.

24.0 AUDITS AND INVESTIGATIONS:

24.1 Each invoice paid by UNDP shall be subject to a post-payment audit by auditors, whether internal or external,
of UNDP or the authorized agents of the UNDP at any time during the term of the Contract and for a period of three
(3) years following the expiration or prior termination of the Contract. The UNDP shall be entitled to a refund from
the Contractor for any amounts shown by such audits to have been paid by the UNDP other than in accordance with
the terms and conditions of the Contract. Should the audit determine that any funds paid by UNDP have not been used
as per contract clauses, the company shall reimburse such funds forthwith. Where the company fails to reimburse such
funds, UNDP reserves the right to seek recovery and/or to take any other action as it deems necessary.

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24.2 The Contractor acknowledges and agrees that, at anytime, UNDP may conduct investigations relating to any
aspect of the Contract, the obligations performed under the Contract, and the operations of the Contractor generally.
The right of UNDP to conduct an investigation and the Contractor’s obligation to comply with such an investigation
shall not lapse upon expiration or prior termination of the Contract. The Contractor shall provide its full and timely
cooperation with any such inspections, post-payment audits or investigations. Such cooperation shall include, but
shall not be limited to, the Contractor’s obligation to make available its personnel and any documentation for such
purposes and to grant to UNDP access to the Contractor’s premises. The Contractor shall require its agents, including,
but not limited to, the Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any
inspections, post-payment audits or investigations carried out by UNDP hereunder.

25.0 ANTI-TERRORISM:
25.1 The Contractor agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received under
this Contract are used to provide support to individuals or entities associated with terrorism and that the recipients of
any amounts provided by UNDP hereunder do not appear on the list maintained by the Security Council Committee
established pursuant to resolution 1267 (1999). The list can be accessed via
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be included in all sub-contracts
or sub-agreements entered into under this Contract.

26.0 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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Appendix A – Instructions manual for use of the Etendering system by suppliers.

Appendix B – Terms and Conditions for use of online eTendering system.

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