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Request For Quotation (RFQ) : Procurement of One Complete Set of Equipment of Solar Water Pumping System

This Request for Quotation from UNDP seeks bids for the procurement of a complete solar water pumping system for rural water supply in Navoi region, Uzbekistan. Bidders must submit their proposals by 18:00 local time on February 20, 2014 via email or courier. The successful bidder will be expected to deliver the equipment DAP to Navoi within 30 calendar days of signing a purchase order and provide a one year warranty on parts and labor. UNDP will evaluate bids based on technical compliance, after-sales services, acceptance of terms and conditions, and price.

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0% found this document useful (0 votes)
168 views16 pages

Request For Quotation (RFQ) : Procurement of One Complete Set of Equipment of Solar Water Pumping System

This Request for Quotation from UNDP seeks bids for the procurement of a complete solar water pumping system for rural water supply in Navoi region, Uzbekistan. Bidders must submit their proposals by 18:00 local time on February 20, 2014 via email or courier. The successful bidder will be expected to deliver the equipment DAP to Navoi within 30 calendar days of signing a purchase order and provide a one year warranty on parts and labor. UNDP will evaluate bids based on technical compliance, after-sales services, acceptance of terms and conditions, and price.

Uploaded by

Sherin Paul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REQUEST FOR QUOTATION (RFQ)

DATE: February 6, 2014


NAME & ADDRESS OF REFERENCE: RFQ/006/14 - Procurement of complete set of
FIRM equipment of solar water pumping system for rural water supply
Navoiy region
Dear Sir / Madam:
We kindly request you to submit your quotation for RFQ/006/14 Procurement of one complete set
of equipment of solar water pumping system for rural water supply in Navoi region, as detailed in
Annex 1 of this RFQ. When preparing your quotation, please be guided by the form attached
hereto as Annex 2.
Quotations may be submitted on or before 18.00 local (Tashkent) time February 20, 2014 and via
e-mail to [email protected] or  courier mail to the address below:
United Nations Development Programme in Uzbekistan
Procurement Unit
41/3, Mirabad Street, Tashkent 100015
Fax: (998-71) 120-34-85.
Your questions and inquiries on tender should be sent in writing to [email protected] by February
17, 2014.
Your Proposal must be expressed in English or Russian language and valid for a minimum period of
90 days from bid opening date. Proposals submitted in other languages, should have unofficial
translation to English or Russian. In case of conflicted information in the proposals English version
shall prevail.
In the course of preparing your Proposal, it shall remain your responsibility to ensure that it reaches
the address above on or before the deadline. Your proposals to be submitted by courier mail must
be in sealed envelope with the following marking on envelope:
“TO: UNDP Uzbekistan
ATTENTION: Proposal Opening Unit
SEALED QUOTATION ref: RFQ/006/14 Procurement of complete set of equipment of solar water
pumping system for rural water supply in Navoiy region
PROPOSER: [NAME AND ADDRESS OF YOUR COMPANY]
DEADLINE: 6.00 local Tashkent time (GMT +5) February 20, 2014
NOT TO BE OPENED BY REGISTRY”.
Quotations submitted by email must be limited to a maximum of 5.0 MB, virus-free and no more
than one (1) email transmissions. They must be free from any form of virus or corrupted contents,
or the quotations shall be rejected.
It shall remain your responsibility to ensure that your quotation will reach the address above on or
before the deadline. Quotations that are received by UNDP after the deadline indicated above, for
whatever reason, shall not be considered for evaluation. If you are submitting your quotation by
email, kindly ensure that they are signed and in the .pdf format, and free from any virus or
corrupted files. UNDP does not bear any responsibility for opening quotations which do not meet
above requirements and do not contain proper reference or subject either on the envelope or email
submissions.
Please take note of the following requirements and conditions pertaining to the supply of the above
mentioned good/s:

Delivery Terms DAP Navoi, Uzbekistan


[INCOTERMS 2010]
Customs clearance, if needed, UNDP
shall be done by:
Exact Address/es of Delivery Location: VCC “Jaloir”, Makhalla Shibzon, Karmana district, Navoi region,
Location/s (identify all, if Uzbekistan
multiple)
UNDP Preferred Freight n/a
Forwarder, if any
Distribution of shipping n/a
documents (if using freight
forwarder)
Latest Expected Delivery Date  twenty (30) calendar days from signing Purchase Order by both parties
and Time(if delivery time
exceeds this, quote may be
rejected by UNDP)
Delivery Schedule  Required: the Supplier will be requested to provide detailed delivery
schedule from dispatch to delivery to the point of destination
Packing Requirements Products must be packed in such a way as to avoid mechanical damage
during transport. It is recommended to use the original packaging. Attach a
copy of the documents to the articles of purchase, a copy of the
arrangements for admission.
Mode of Transport ☐ AIR LAND
☐SEA  OTHER [pls. specify]
Preferred United States Dollars; or
Currency of Quotation Uzbek Soums
Value Added Tax on Price Must be exclusive of VAT and other applicable indirect taxes
Quotation
After-sales services required  Warranty on Parts and Labor for minimum period of 12 months
 Technical Support :
The Successful Offeror shall provide consulting services on installing and
working with the solar water pumping system: (i) Consultation on the
functionality of the products; (ii) Answering questions on installation.
Deadline for the Submission of 18.00 Local (Tashkent) time, February 20, 2014
Quotation
All documentations, including  in English or
catalogs, instructions and  in Russian
operating manuals, shall be in
this language
Documents to be submitted  Duly Accomplished Form as provided in Annex 2, and in accordance with
the list of requirements in Annex 1;
 A statement whether any import or export licenses are required in respect
of the goods to be purchased including any restrictions on the country of
origin, use/dual use nature of goods or services, including and disposition to
end users;
 Copy of Quality Certificates (ISO, etc.) for the goods to be offered;
 Copy of latest Business Registration Certificate
 Manufacturer’s Authorization of the Company as a Sales Agent (if Supplier
is not the manufacturer);
 List of accomplished similar works for last three years, with the indication
of the customers contact details;
 At least one recommendation letter from the main Customers engaged for
similar works;
 Written Self-Declaration of not being included in the UN Security Council
1267/1989 list, UN Procurement Division List or other UN Ineligibility List.
Period of Validity of Quotes  60 days
starting the Submission Date In exceptional circumstances, UNDP may request the Vendor to extend the
validity of the Quotation beyond what has been initially indicated in this RFQ.
The Proposal shall then confirm the extension in writing, without any
modification whatsoever on the Quotation.
Partial Quotes  Not permitted
Payment Currency USD; or
Uzbek Soums
Payment Terms  To Foreign Supplier: 80% upon delivery of the equipment and 20% after
technical installation supervision and signature of contract successful
completions documents
 To Local Supplier: 15% advance and 65% after delivery of the equipment
and 20% after provision of technical supervision services and signature of
related contract successful completion documents.
Liquidated Damages 0.5% from total amount of account for each delayed day but up to 10% of the
contract value or up to 10 working days of delay. In case of exceeding above
limits UNDP reserve the right to terminate contract and cancel PO without
prior information of a vendor.
Evaluation Criteria  Technical responsiveness/Full compliance to requirements and lowest
[check as many as applicable] price1
 Comprehensiveness of after-sales services
 Full acceptance of the PO/Contract General Terms and Conditions
 Earliest Delivery/Shortest Lead Time2
 Others: compliance with RFQ requirements and presence of all requested
documents
UNDP will award to:  One and only one supplier
Type of Contract to be Signed  Purchase Order
Special conditions of Contract  Cancellation of PO/Contract if the delivery of equipment exceeds 30
calendar days
Conditions for Release of  Written Acceptance of Goods/Services based on full compliance with RFQ
Payment requirements

1
UNDP reserves the right not to award the contract to the lowest priced offer, if the second lowest price among the responsive offer is
found to be significantly more superior, and the price is higher than the lowest priced compliant offer by not more than 10%, and the
budget can sufficiently cover the price difference. The term “more superior” as used in this provision shall refer to offers that have
exceeded the pre-determined requirements established in the specifications.
2
This shall be used for time-critical and/or exigent requirements (e.g., post-crisis emergencies, elections, etc.).
Annexes to this RFQ  Specifications of the Goods Required (Annex 1)
 Form for Submission of Quotation (Annex 2)
 General Terms and Conditions / Special Conditions (Annex 3).
Non-acceptance of the terms of the General Terms and Conditions (GTC)
shall be grounds for disqualification from thisprocurement process.
Contact Person for Inquiries Procurement Unit
(Written inquiries only)3 +998 71 1203450 (ext. 113);
[email protected]
Any delay in UNDP’s response shall be not used as a reason for extending the
deadline for submission, unless UNDP determines that such an extension is
necessary and communicates a new deadline to the Proposers.
Goods offered shall be reviewed based on completeness and compliance of the quotation with the minimum
specifications described above and any other annexes providing details of UNDP requirements.
The quotation that complies with all of the specifications, requirements and offers the lowest price, as well
as all other evaluation criteria indicated, shall be selected. Any offer that does not meet the requirements
shall be rejected.
Any discrepancy between the unit price and the total price (obtained by multiplying the unit price and
quantity) shall be re-computed by UNDP. The unit price shall prevail and the total price shall be corrected. If
the supplier does not accept the final price based on UNDP’s re-computation and correction of errors, its
quotation will be rejected.
After UNDP has identified the lowest price offer, UNDP reserves the right to award the contract based only
on the prices of the goods in the event that the transportation cost (freight and insurance) is found to be
higher than UNDP’s own estimated cost if sourced from its own freight forwarder and insurance provider.
At any time during the validity of the quotation, no price variation due to escalation, inflation, fluctuation in
exchange rates, or any other market factors shall be accepted by UNDP after it has received the quotation. At
the time of award of Contract or Purchase Order, UNDP reserves the right to vary (increase or decrease) 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.
Any Purchase Order that will be issued as a result of this RFQ shall be subject to the General Terms and
Conditions attached hereto. The mere act of submission of a quotation implies that the vendor accepts
without question the General Terms and Conditions of UNDP herein attached as Annex 3.
UNDP is not bound to accept any quotation, nor award a contract/Purchase Order, nor be responsible for
any costs associated with a Supplier’s preparation and submission of a quotation, regardless of the outcome
or the manner of conducting the selection process.
Please be advised that UNDP’s vendor protest procedure is intended to afford an opportunity to appeal for
persons or firms not awarded a purchase order or contract in a competitive procurement process. In the
event that you believe you have not been fairly treated, you can find detailed information about vendor
protest procedures in the following link:
http://www.undp.org/content/undp/en/home/operations/procurement/protestandsanctions/.
UNDP encourages every prospective Vendor to avoid and prevent conflicts of interest, by disclosing to UNDP
if you, or any of your affiliates or personnel, were involved in the preparation of the requirements, design,
specifications, cost estimates, and other information used in this RFQ.
UNDP implements a zero tolerance on fraud and other proscribed practices, and is committed to identifying
and addressing all such acts and practices against UNDP, as well as third parties involved in UNDP activities.

3
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 received.
UNDP expects its suppliers to adhere to the UN Supplier Code of Conduct found in this link:
http://web.ng.undp.org/procurement/undp-supplier-code-of-conduct.pdf .
Thank you and we look forward to receiving your quotation.

Sincerely yours,
UNDP Uzbekistan Procurement Unit
Annex 1
Specifications of the Goods Required
Terms of Reference

RFQ/006/14 - Procurement of complete set of equipment of solar water pumping system for rural water
supply in Navoi region
Background:
The United Nations Development Programme in Uzbekistan (UNDP) jointly with the Ministry of Agriculture
and Water Resources of the Republic of Uzbekistan (MAWR) implementing the project on “Integrated Water
Resources Management and Water Efficiency Plan for Zarafshan River Basin”. The purpose of this project is
to develop an Integrated Water Resources Management (IWRM project) and Water Use Efficiency Plan for
Zarafshan River Basin (ZRB), to strengthen the legal and regulatory framework for the water sector, and to
support the integration of water into relevant intersectoral policy frameworks. IWRM and water efficiency
use planning will take place within a single river basin, the Zarafshan, on a pilot basis where successful
results can be scaled up to the national level during a possible second phase program. To achieve the output,
the project will perform the following three components/activities:
Component 1: Improved Legal and Institutional Framework for IWRM in Uzbekistan;
Component 2: Improved Water Communal Services and Utilities within the ZRB;
Component 3: IWRM and Water Use Efficiency Plan for the ZRB;
As part of Component 2 “Improved Water Communal Services and Utilities within the ZRB” the project has
piloting rural water supply project jointly with Every Drop Matters Programme (EDM 4). The pilot project
aimed to demonstrate community-based safe drinking water supply and sanitation system.
The EDM Programme under IWRM project scaling up sustainable rural water supply model Samarkand and
Navoi regions to promote extend of these lessons more broadly within the ZRB and serve as an example in
the rest of Uzbekistan. Also address the problem of capacity building of the local communities (Makhalla)
and Suvoqova personnel on advocate developing legal basis for operation and maintenance of the system. In
addition the project is piloting energy efficient solar water pump system.
The project closely collaborated with “SUVOQOVA” Regional Water Supply Institution and Khokimiyats in
Samarkand and Navoi Regions. The main activities based on the assessment and planning of the new pilot
projects in Samarkand and Navoi Regions based on the State Rural Water Supply Programme. The project
achieved the following results: (i) Baseline survey of rural villages in Samarkand and Navoi regions conducted
and detailed assessment report is prepared; (ii) Detailed implementation plan for selected pilot villages is
developed.
The baseline survey shows that rural water supply systems facilities are unsatisfactory and cannot further
operate properly and have several time electricity cut which damage pump and reduce efficiency. The
project is piloting advance technology as solar water pumping system with renewable energy sources in
order to modernise and make reliable water supply to the community.
The project is expecting after modernizing the system of rural community will have following results: 4950
rural people will be supplied 470 m3/day safe drinking water in Mahalla Shibzon, Karmana district, Navoi
region and will have to reliable water supply.
Objectives:
The main objective of this Request for Quotation (RFQ) is procurement of a complete set of equipment of
solar water pumping system for rural water supply in Navoi region in order to improve water supply facilities
and make reliable water supply for rural communities.
Scope of work and expected output:

4
Every Drop Matters (EDM Programme) Global partnership between the United Nations Development Programme and the Coca-Cola
Company
This Request for Quotation (RFQ) is for procurement of a complete set of equipment of solar water pumping
system for rural water supply in Navoi region. These water pumping systems are powered by solar energy. It
is a stand-alone system. The power generated by solar module is used for operating with energy efficient
pump set for lifting water from deep well or water reservoir for and drinking water purpose. The system
schematic is shown in the Figure 1. The system requires a shadow-free area for installation of the Solar
Panel.

Figure 1. The set of the solar system for rural water supply system

The Offeror should provide solar water pumping systems with complete set of equipments for rural
community with following capacity: 28 m3/hour with head pressure H=18m in Mahalla Shibzon, Karmana
district, Navoi region.
The solar water pumping systems should be demonstrated all advance technologies and have efficient and
user friendly to pump and supply safe drinking water for rural communities and technical specification
should be furnished as below:
1. Energy efficient pump: Pump raises water from the reservoir with minimum capacity of
V=28m3/hours, minimum pressure head H=18m with cover /case (metal) for cooling the pump
engine also including electronic pressure gauge (sensor) for pressure control in the network; Rated
power 5.5Kw; Rated head 20m; Rated flow 60v3/h; Maximum head 37m.
2. Set of mounting System for both solar water pumping systems: Positions and secures the solar
panels and combining framework for the installation of solar PV modules;
3. Set Solar Panels with poly-silicon solar panel (Grade A) for both solar water pumping systems: Collect
solar energy and generate electricity; Safe grounding system of the photovoltaic station
4. Set Solar Pumping Inverter for both solar water pumping systems: Converts direct current (DC) from
the solar panels into alternating current (AC) to drive the pump. Controls and adjusts the system for
maximum efficiency:
Inverter with capacity – 5,5 kW with conversion of power to 380 V, 50 Hz;
5. Combiner box (cabinet) to installation the controller to control the current power in the solar PV
modules and power lines (380V transformer). As current system uses electricity from power lines
through 380V transformer. Hence, it should be designed and controlled/had automatic switch
system to change depending power supply. Also switch for the connection of rectifier to a
photovoltaic station. Automatic protection against short-circuit AC backup
6. Other equipment for solar water pumping system, the water level sensor in the water tower.
Expected outputs and planed deadlines to procurement of the two solar water pumping systems 5:
Items to be Quantity Latest Delivery
Description/Specifications of Goods
Supplied* Date
1 2 3 4 5
1. Solar Pumping Inverter with
capacity – 5,5kW with conversion of
power to 380V, 50Hz, with
set 1,0
automatic protection against short-
circuit and the water level sensor in
the water tower
Combiner Box (cabinet) to
installation the controller to control
the current power in the solar PV set 1,0
modules and power lines (380V
transformer)
Procurement of a
Switch for the connection of rectifier
complete set of
to a photovoltaic station(AC backup set 1,0
equipment for a
components)
minimum of
2. Pump with capacity minimum of 30 days
Q=28m3/hour with
V=28m3/hours, minimum head
minimum head
pressure H=18m, power 5,5kW,
pressure H=18m
380V, 50Hz, with electronic pressure set 1,0
solar water
gauge (sensor) for pressure control in
pumping system
the network, rated head 20m; Rated
for Mahalla
flow 60v3/h; Maximum head 37m
Shibzon,
3. Solar Panel (photovoltaic modular
Karmana district,
stations each with poly-silicon solar set 1,0
Navoi region
panel GradeA)
Supporting bracket and combining
framework for the installation of
solar PV modules, and earth set 1,0
connection of the photovoltaic
station
4.Technical installation supervision During
at the project site installation of
Set 1,0 the equipment
by the
beneficiary
5
Installation of the equipment will be performed by beneficiary but under technical installation supervision of the Supplier in order to
meet warranty conditions.
Annex 2

FORM FOR SUBMITTING SUPPLIER’S QUOTATION6


(This Form must be submitted only using the Supplier’s Official Letterhead/Stationery 7)
We, the undersigned, hereby accept in full the UNDP General Terms and Conditions, and hereby offer to
supply the items listed below in conformity with the specification and requirements of UNDP as per RFQ
Reference No. RFQ/XXX/14 Procurement of complete set of equipment of solar water pumping system for
rural water supply in Navoi region:

TABLE 1: Offer to Supply Goods Compliant with Technical Specifications and Requirements
Unit Total
Latest
Item Description/Specification of Unit of Price Price per
Quantity Delivery
No. Goods measure (Currenc Item
Date
y____) (Currency)
Procurement of a complete set of equipment for a Q=28m3/hour with head pressure H=18m solar water
pumping system for Mahalla Shibzon, Karmana district, Navoi region
Solar Pumping Inverter with
capacity – 5,5kW with
conversion of power to 380V,
1 50Hz, with automatic protection set 1,0
against short-circuit and the
water level sensor in the water
tower
Combiner Box (cabinet) to
installation the controller to
control the current power in the set 1,0
solar PV modules and power lines
(380V transformer)
Switch for the connection of
rectifier to a photovoltaic set 1,0
station(AC backup components)
Pump with capacity minimum of
V=28m3/hours, minimum head
pressure H=18m, power 5,5kW,
2 set 1,0
380V, 50Hz, with electronic
pressure gauge (sensor) for
pressure control in the network
Solar Panel (photovoltaic
3 modular stations each with poly- set 1,0
silicon solar panel GradeA)
Supporting bracket and
combining framework for the
installation of solar PV modules, set 1,0
and earth connection of the
photovoltaic station
4 Technical installation supervision Set 1,0

6
This serves as a guide to the Supplier in preparing the quotation and price schedule.
7
Official Letterhead/Stationery must indicate contact details – addresses, email, phone and fax numbers – for verification purposes
at the project site
Total Prices of Goods8
Add: Cost of Transportation
Add: Cost of Insurance
Add: Other Charges (pls. specify)
Total Final and All-Inclusive Price Quotation

TABLE 3: Offer to Comply with Other Conditions and Related Requirements


Other Information pertaining to our Your Responses
Quotation are as follows :
Yes, we will No, we cannot If you cannot comply,
comply comply pls. indicate counter
proposal
Delivery Terms
Exact Address/es of Delivery Location/s
Latest Expected Delivery Date and Time
Delivery Schedule
Packing Requirements
Mode of Transport
Payment Terms and
Preferred Currency of Quotation
Value Added Tax on Price Quotation
Deadline for the Submission of Quotation
Estimated weight/volume/dimension of the
Consignment:
Country/ies Of Origin9:
Warranty and After-Sales Requirements
Consulting services on any issues installing and
working with the solar water pumping system:
a) Consultation on the functionality of
the products
b) Minimum one (1) year warranty on
both parts and labour
c) Technical installation supervision
during installation of the equipment
Validity of Quotation
All Provisions of the UNDP General Terms and
Conditions
Other requirements :
Copy of valid license to carry out required
services;
At least one recommendation letter from the
main Customers engaged for similar works
List of accomplished similar works for last
three years, with the indication of the
8
Pricing of goods should be consistent with the INCO Terms indicated in the RFQ
9
If the country of origin requires Export License for the goods being procured, or other relevant documents that the country of
destination may require, the supplier must submit them to UNDP if awarded the PO/contract.
customers contact details
Full acceptance of the PO/Contract General
Terms and Conditions
Written Self-Declaration that the company is
not in the UN Security Council 1267/1989 List,
UN Procurement Division List or Other UN
Ineligibility List (free form)
At least one year warranty for spare parts and
works

All other information that we have not provided automatically implies our full compliance with the
requirements, terms and conditions of the RFQ.
Annex 3
General Terms and Conditions

1. ACCEPTANCE OF THE PURCHASE ORDER


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

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

3. TAX EXEMPTION
3.1 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 utilities services, and is exempt from customs duties and charges of a
similar nature in respect of articles imported or exported for its official use. In the event any
governmental authority refuses to recognize UNDP's exemption from such taxes, duties or
charges, the Supplier shall immediately consult with UNDP to determine a mutually acceptable
procedure.

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

4. RISK OF LOSS
Risk of loss, damage to or destruction of the goods shall be governed in accordance with Incoterms
2010, unless otherwise agreed upon by the Parties on the front side of this Purchase Order.

5. EXPORT LICENCES
Notwithstanding any INCOTERM 2010 used in this Purchase Order, the Supplier shall obtain any export
licences required for the goods.

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

7. INSPECTION
7.1 UNDP shall have a reasonable time after delivery of the goods to inspect them and to reject
and refuse acceptance of goods not conforming to this Purchase Order; payment for goods
pursuant to this Purchase Order shall not be deemed an acceptance of the goods.

7.2 Inspection prior to shipment does not relieve the Supplier from any of its contractual obligations.

8. INTELLECTUAL PROPERTY INFRINGEMENT


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

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

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

10. LATE DELIVERY


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

11. ASSIGNMENT AND INSOLVENCY


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

12. USE OF UNDP OR UNITED NATIONS NAME OR EMBLEM


The Supplier shall not use the name, emblem or official seal of UNDP or the United Nations for any
purpose.
13. PROHIBITION ON ADVERTISING
The Supplier shall not advertise or otherwise make public that it is furnishing goods or services to UNDP
without specific permission of UNDP in each instance.

14. CHILD LABOUR


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

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

15. MINES
The Supplier represents and warrants that neither it nor any of its affiliates is actively and directly
engaged in patent activities, development, assembly, production, trade or manufacture of mines or in
such activities in respect of components primarily utilized in the manufacture of Mines. The term
"Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the
Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May
Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980.
Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order
immediately upon notice to the Supplier, without any liability for termination charges or any other
liability of any kind of UNDP.

16. SETTLEMENT OF DISPUTES


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

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

17. PRIVILEGES AND IMMUNITIES


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

18. SEXUAL EXPLOITATION:


18.1 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.
18.2 UNDP shall not apply the foregoing standard relating to age in any case in which the
Contractor’s personnel or any other person who may be engaged by the Contractor to perform
any services under the Contract is married to the person less than the age of eighteen years
with whom sexual activity has occurred and in which such marriage is recognized as valid
under the laws of the country of citizenship of such Contractor’s personnel or such other
person who may be engaged by the Contractor to perform any services under the Contract.

19.0 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.

20. AUTHORITY TO MODIFY:


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

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