UNDP-South Sudan: United Nations Development Programme

United Nations Development Programme
UNDP- South Sudan

REQUEST FOR
QUOTATION
Number: RFQ-SS-GRAPHIC
DESIGN-COMM-60-2012

IMPORTANT:
ALL CORRESPONDENCE MUST SHOW THE
REQUEST FOR QUOTATION NUMBER

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REQUESTFORQUOTATION(RFQ)PROVISIONOF
GRAPHICDESIGNSERVICESFORUNDPSOUTHSUDAN
NAME&ADDRESSOFVENDOR:(pleaseprint)
DATE:27 AUGUST2012
REQUESTFORQUOTATIONFORTHEPROVISIONOFGRAPHICDESIGNSERVICESTOUNDPSOUTHSUDAN
1. TheUnitedNationsDevelopmentProgramme(UNDP),SouthSudanherebyinvitesyourcompanytosubmit
aquotationforthesupplyanddeliveryofGraphicDesignServices(theServices)toUNDPSouthSudanas
indicatedintheseRFQdocuments.ItistheintentionofUNDPtoenterintoaLongTermAgreement(LTA)
for one (1) year, which may be renewed for an additional one (1) year based on performance and at the
sole discretion of UNDP. The prices will be fixed for the term of the LTA including any renewed period.
Following issue and signature of the LTA, UNDP will issue individual Purchase Orders as and when it
requiresgraphicdesignservicesprovision.
Item GenericDescription[incl.Technicalspecifications,qualityandspecialfeaturesrequired] Quantity

TERMSOFREFEFNECEATTACHEDATSECTION2 1
REQUIREMENTS
Language:Alldocumentation,includinginstallationandoperatingmanualsshallbein:
EnglishFrenchSpanishOthers
Electricity:Volt:NOTAPPLICABLEHz: NOTAPPLICABLE phaseAC:NOTAPPLICABLE
NAME,FUNCTIONALTITLEofREQUESTER:
CONTACTADDRESS
Attn:ProcurementUnit
UNDPSouthSudan
2. Toassistinpreparingthequotation,thefollowingdocumentsareattached:
a. Statementofcompliancewithtermsandconditions(Section1).
b. TermsofReference(Section2)whichshallconstituteAnnexIIoftheLTA.
c. PriceScheduleSheet(Section3),adulyfilledcopyofwhichshallconstituteAnnexIIIoftheLTA.
d. GeneralTermsandConditionsforProfessionalServices(Section4)whichshallconstituteAnnexIof
theLTA.
e. LongTermAgreement(Section5)

UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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3. Submittals.Thefollowingshouldbesubmittedaspartofanyquotation:
a. AdulycompletedcopyofStatementofcompliancewithtermsandconditions(Section1)
b. AdulycompletedcopyofthePriceSchedule(Section3)
c. Companyprofileincludingbusinessregistration.
d. Aportfolioofpastwork(designsfor1poster,1brochureand1banner,and2otherdesignsofthe
organization'schoice)
4. Deadline. Quotations can be sent to bids.juba@undp.org or in sealed envelopes and must be received at
thelatestby:5September2012at17:00hours(Localtime)to:
Attn:ProcurementUnit
UNDPSouthSudan
Quotationssubmittedbyfaxwillnotbeaccepted.
5. Marking.Sealedquotationsshallbeaddressed(marked)asfollows:
ATTENTION:PROCUREMENTUNIT
SEALEDBIDNO.
NOTTOBEOPENEDBYREGISTRY
6. Supply Requirements. Art Work/Graphic Design services as per attached TOR. UNDP does not guarantee
thatfinalorderedquantitiesovertheyearwillreachtheassumedquantitiesandthisshouldbetakenintoaccount
whenpricesarequoted.
7. Evaluation.Quotationswillbeevaluatedonthefollowingbasis:
1. CompliancewithtermsandconditionsoftheRFQincludingrequiredsubmissions
2. Technicalandartisticqualityoftheitemsinthesubmittedportfolio
3. Priceandvalueofmoney
4. Timeeffectiveness,intermofthetimetakentomobilize,produceandcompleteeachactivity
8. Payments.UNDPdoesnotacceptLetterofCreditterms,paymentshallbemadebydirectbanktransferto
theSuppliersnominatedBankaccount,whichmustbeinthenameoftheSupplier(Company)andnotinthe
nameofanyindividual(eventheownersoftheSupplier).
Yourssincerely,
ONBEHALFOFUNDPSOUTHSUDAN
NAME:
AdenikeAkoh
FUNCTIONALTITLE:
HeadofProcurement
SIGNATURE:
DATE:

UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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Section1:Statementofcompliancewithtermsandconditions
MustbedulycompletedandreturnedwiththeQuotation.Supplementaryinformationshallbeattached
accordingtotherequirementsherein.
Pleaseconfirmacceptanceofthefollowing:
ITEM DESCRIPTION ACCEPTED
(Y/N)
CONDITIONS: UNDPGeneralConditionsforProffessionalServiceContractapply
(seeattached)
PAYMENTTERMS: 100%paymentfollowingdeliveryandwithin30daysofreceiptof
invoice.
VALIDITYOFQUOTATION: Minimum 90days

CURRENCYOFPRICES MustbeinUSD forInternationalCompaniesandinSSPforlocal
Companies


UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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Section2:TermsofReference
FortheProvisionofArtWork/GraphicDesignServices
1.Background
UNDP South Sudan aims to produce a range of communications outputs in 2012, which reflect our work as the
leadingagencyworkingtobuildstrong,stablegovernmentinSouthSudan.Weproducebrochures,posters,flyers,
newslettersandotheritemswhichexplainwhoweare,whatwedo,andwhatwebelievein.
2.Objective
The designer needs to be able to understand UNDPs global corporate brand and find creative ways to use it in
everydaycommunications.Weneedtocommunicatecomplexmessagesaboutgovernanceandstatebuildingin
simple,effective,easytounderstandways.Wearelookingforstrikingdesignwithclearandeasytounderstand
layout,deliveredinatimelyandaccuratefashion.
3.Scopeofwork
UNDPareseekinganorganizationorindividualtodesignandproduceartworkand/orgraphicillustrationfor:
S/N Description Specification
1 Newslettertemplate
Pagesize:standardA4papersize
2
4pagerNewsletter layout Pagesize: standardA4papersize

Colour:fullcolourwithtextandphotos
Design:usingmastertemplate,layout
newslettercopyandimages.
3 4pagerbooklets Pagesize: standardA4papersize






UNDP-South Sudan

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REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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8 Multipagereports Pagesize: standardA4papersize
Colour:fullcolourwithtextandtables,with
limitedphotos;coverartincluded
1. 2039pages
2. 4059page
3. 6079pages
4. 8099pages
5. 100pagesandabove
6. PriceforRUSHjobs
9 A4orLetterSizeFlyers Pagesize: standardA4papersize
2sided.
10 TabletopCalendar Full/multicolorprinting
8pageprintingonbothsides
Metalspiralbinding,
Sturdyboardtriangulareasel
Creasedareaatthebottomtocollapse/erect
thetriangulareasel
11 Banners Sizevarieshoweverdesignisconsistentlybased
ontextkeymessage/logos/anda
possibleimage
Veryhighresolutionrequiredforlargescale
printing.
12 Posters FinishedSize:A1
Colour:fullcolourwithtextandphotos;
advancedgraphicdesign.
13 A4sizefilefolders NoofPages:2printedpages(plusflaps)front
andbackprint,whiteinsidebacking.
Logoandbrandingonly.
14 Envelopes 1. Size:C4(9.010X12.756)
Printartwork:Corporatelogo,nameand
address
2. Size#10(4.125X9.5)
Printartwork:Corporatelogo,nameand
address
15 PoloorRoundneckTshirts Sizes:S,M,L,XL,XXL,Freesize
Frontandbackprintmessages;possiblelogoon
sleeve

UNDP-South Sudan

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REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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16 Baseball/golfstyleCaps Garmenttag:Logo/wordcopy(userdefined)
3.1Generalprovisions
Thesuccessfulorganizationwillberequiredto:
Designandproducetheartworkand/orgraphicdesignproductsdetailedabove
Consult closely with UNDP to ensure the designs are appropriate and effective, including holding joint
meetingsasnecessary
Ensureavailabilitytoeditandrevisepublications
UNDPwill:
Provide the successful organization with an introductory brief on the processes, concepts and purpose of
UNDP,includingwrittenmaterial,existingphotographs/pictures
Provide the successful organization and individual with a detailed brief on the objective of each of the
productsdetailedabove,includingwrittentexttobeincludedintheproductwhereappropriate
Approvefinaldesigns.

UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

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Section3
PRICESCHEDULESHEET
Interestedorganizationsarerequiredtosubmita:
Financial proposal, showing the cost and time it will take to produce the required products, using the
templatebelow:
Item Cost Time

Pleasedetailhowmuch
you/yourorganizationwill
chargeforeachproduct
Please estimate how long it
would take you/your
organization to finalise each
designinhours/days
4pagerbooklets
8pagerbooklets
12pagerbooklets
16pagerbooklets
20pagerbooklets
Multipagereports
1. 2039pages
2. 4059page
3. 6079pages
4. 8099pages
5. 100pagesandabove
6.PriceforRUSHjobs
A4orLetterSizeNewslettertemplate
A4orLetterSizeFlyers
TabletopCalendar
Banners
Posters
A4sizefilefolders
Envelopes
PoloorRoundneckTshirts
Baseball/golfstyleCaps
TOTAL
Section4
UNDPGENERALCONDITIONSOFCONTRACT
FORPROFESSIONALSERVICES

UNDP-South Sudan

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REQUEST FOR
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IMPORTANT:

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1. LEGALSTATUSES:
The Contractor shall be considered as having the

legal status of an independent contractor visvis
the United Nations Development Programme
(UNDP). The Contractors personnel and sub
contractorsshallnotbeconsideredinanyrespectas
being the employees or agents of UNDP or the
UnitedNations.
2.SOURCEOFINSTRUCTIONS:
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
withthefullestregardtotheinterestsofUNDP.
3. CONTRACTOR'S RESPONSIBILITY FOR

EMPLOYEES:
The Contractor shall be responsible for the

professional and technical competence of its
employees and will select, for work under this
Contract, reliable individuals who will perform
effectively in the implementation of this Contract,
respect the local customs, and conform to a high
standardofmoralandethicalconduct.
4.ASSIGNMENT:
The Contractor shall not assign, transfer, pledge or

make other disposition of this Contract or any part
thereof, or any of the Contractor's rights, claims or
obligationsunderthisContractexceptwiththeprior
writtenconsentofUNDP.
5.SUBCONTRACTING:
In the event the Contractor requires the services of

subcontractors, the Contractor shall obtain the
priorwrittenapprovalandclearanceofUNDPforall
subcontractors. The approval of UNDP of a sub
contractor shall not relieve the Contractor of any of
itsobligationsunderthisContract.Thetermsofany
subcontract shall be subject to and conform to the
provisionsofthisContract.
6.OFFICIALSNOTTOBENEFIT:
The Contractor warrants that no official of UNDP or

theUnitedNationshasreceivedorwillbeofferedby
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
breachofanessentialtermofthisContract.
7.INDEMNIFICATION:
The Contractor shall indemnify, hold and save

harmless,anddefend,atitsownexpense,UNDP,its
officials, agents, servants and employees from and
againstallsuits,claims,demands,andliabilityofany
nature or kind, including their costs and expenses,
arisingoutofactsoromissionsoftheContractor,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 subcontractors. The obligations under this
Article do not lapse upon termination of this
Contract.
8.INSURANCEANDLIABILITIESTOTHIRDPARTIES:
8.1The Contractor shall provide and thereafter

maintain insurance against all risks in respect of its
propertyand anyequipmentusedfor the execution
ofthisContract.
8.2The 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
deathinconnectionwiththisContract.
8.3The Contractor shall also provide and thereafter

maintain liability insurance in an adequate amount
tocoverthirdpartyclaimsfordeathorbodilyinjury,
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,

UNDP-South Sudan

Procurement

REQUEST FOR
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DESIGN-COMM-60-2012
IMPORTANT:

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airplanes or other equipment owned or leased by
theContractororitsagents,servants,employeesor
subcontractors performing work or services in
connectionwiththisContract.
8.4Except for the workmen's compensation

insurance, the insurance policies under this Article
shall:
8.4.1NameUNDPasadditionalinsured;
8.4.2Include a waiver of subrogation of the

Contractor's rights to the insurance carrier against
theUNDP;
8.4.3Provide that the UNDP shall receive thirty (30)

days written notice from the insurers prior to any
cancellationorchangeofcoverage.
8.5The Contractor shall, upon request, provide the

UNDP with satisfactory evidence of the insurance
requiredunderthisArticle.
9.ENCUMBRANCES/LIENS:
The Contractor shall not cause or permit any lien,

attachmentorotherencumbrancebyanypersonto
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
materialsfurnishedunderthisContract,orbyreason
of any other claim or demand against the
Contractor.
10.TITLE TO EQUIPMENT: Title to any equipment

and supplies that may be furnished by UNDP shall
rest with UNDP and any such equipment shall be
returnedtoUNDP at theconclusionofthisContract
or when no longer needed by the Contractor. Such
equipment, when returned to UNDP, shall be in the
sameconditionaswhendeliveredtotheContractor,
subject to normal wear and tear. The Contractor
shall be liable to compensate UNDP for equipment
determined to be damaged or degraded beyond
normalwearandtear.
11.COPYRIGHT, PATENTS AND OTHER

PROPRIETARYRIGHTS:
11.1Except as is otherwise expressly provided in

writingintheContract,theUNDPshallbeentitledto
all intellectual property and other proprietary rights
including, but not limited to, patents, copyrights,
andtrademarks,withregardtoproducts,processes,
inventions, ideas, knowhow, or documents and
othermaterialswhichtheContractorhasdeveloped
for the UNDP under the Contract and which bear a
direct relation to or are produced or prepared or
collectedinconsequenceof,orduringthecourseof,
theperformanceoftheContract,andtheContractor
acknowledges and agrees that such products,
documents and other materials constitute works
madeforhirefortheUNDP.
11.2Totheextentthatanysuchintellectualproperty
orotherproprietaryrightsconsistofanyintellectual
property or other proprietary rights of the
Contractor: (i) that preexisted the performance by
theContractorofitsobligationsundertheContract,
or(ii)thattheContractormaydeveloporacquire,or
may have developed or acquired, independently of
the performance of its obligations under the
Contract,theUNDPdoesnotandshallnotclaimany
ownership interest thereto, and the Contractor
grants to the UNDP a perpetual license to use such
intellectualpropertyorotherproprietaryrightsolely
for the purposes of and in accordance with the
requirementsoftheContract.
11.3AttherequestoftheUNDP;theContractorshall
take all necessary steps, execute all necessary
documents and generally assist in securing such
proprietaryrightsandtransferringorlicensingthem
totheUNDPincompliancewiththerequirementsof
theapplicablelawandoftheContract.
11.4Subject to the foregoing provisions, all maps,

drawings, photographs, mosaics, plans, reports,
estimates, recommendations, documents, and all
other data compiled by or received by the
ContractorundertheContractshall betheproperty
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
officialsoncompletionofworkundertheContract.
12.USE OF NAME, EMBLEM OR OFFICIAL SEAL OF

UNDPORTHEUNITEDNATIONS:

UNDP-South Sudan

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REQUEST FOR
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IMPORTANT:

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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
whatsoeverusethename,emblemorofficialsealof
UNDPorTHEUnitedNations,oranyabbreviationof
the name of UNDP or United Nations in connection
withitsbusinessorotherwise.
13.CONFIDENTIAL NATURE OF DOCUMENTS AND

INFORMATION:
Information and data that is considered proprietary

by either Party and that is delivered or disclosed by
one Party (Discloser) to the other Party
(Recipient) during the course of performance of
the Contract, and that is designated as confidential
(Information), shall be held in confidence by that
Partyandshallbehandledasfollows:
13.1The recipient (Recipient) of such information

shall:
13.1.1use the same care and discretion to

avoiddisclosure,publicationordisseminationofthe
DisclosersInformationasituseswithitsownsimilar
informationthatitdoesnotwishtodisclose,publish
ordisseminate;and,
13.1.2use the Disclosers Information solely

forthepurposeforwhichitwasdisclosed.
13.2Provided that the Recipient has a written

agreement with the following persons or entities
requiringthemtotreattheInformationconfidential
in accordance with the Contract and this Article 13,
theRecipientmaydiscloseInformationto:
13.2.1any other party with the Disclosers

priorwrittenconsent;and,
13.2.2the Recipients 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
entitythatitcontrols,controlsit,orwithwhichitis
under common control, who have a need to know
such Information for purposes of performing
obligations under the Contract, provided that, for
thesepurposesacontrolledlegalentitymeans:
13.2.2.1acorporateentityinwhichtheParty
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

exerciseseffectivemanagerialcontrol;or,
13.2.2.3 for the UNDP, an affiliated Fund

suchasUNCDF,UNIFEMandUNV.
13.3The Contractor may disclose Information to the

extentrequiredbylaw,providedthat,subjecttoand
withoutanywaiveroftheprivilegesandimmunities
of the United Nations, the Contractor will give the
UNDP sufficient prior notice of a request for the
disclosureofInformationinordertoallowtheUNDP
to have a reasonable opportunity to take protective
measures or such other action as may be
appropriatebeforeanysuchdisclosureismade.
13.4The UNDP may disclose Information to the

extent as required pursuant to the Charter of the
UN, resolutions or regulations of the General
Assembly, or rules promulgated by the Secretary
General.
13.5The 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
anyobligationofconfidentiality,ispreviouslyknown
bytheRecipient,oratanytimeisdevelopedbythe
Recipient completely independently of any
disclosureshereunder.
13.6These obligations and restrictions of

confidentiality shall be effective during the term of
the Contract, including any extension thereof, and,
unless otherwise provided in the Contract, shall
remain effective following any termination of the
Contract.
14.FORCE MAJEURE; OTHER CHANGES IN

CONDITIONS

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14.1Intheeventofandassoonaspossibleafterthe
occurrence of any cause constituting force majeure,
theContractorshallgivenoticeandfullparticularsin
writingtotheUNDP,ofsuchoccurrenceorchangeif
theContractoristherebyrenderedunable,whollyor
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
takesuchactionas,initssolediscretion;itconsiders
tobeappropriateornecessaryinthecircumstances,
including the granting to the Contractor of a
reasonableextensionoftimeinwhichtoperformits
obligationsunderthisContract.
14.2If 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
havetherighttosuspendorterminatethisContract
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.
14.3ForcemajeureasusedinthisArticlemeansacts
of God, war (whether declared or not), invasion,
revolution, insurrection, or other acts of a similar
natureorforce.
14.4The Contractor acknowledges and agrees that,

with respect to any obligations under the Contract
thattheContractormustperforminorforanyareas
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
undertheContract..
15.TERMINATION
15.1Either 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
terminationofthisContract.
15.2UNDP 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
reasonablecostsincurredbytheContractorpriorto
receiptofthenoticeoftermination.
15.3Intheeventofanytermination by UNDPunder
this Article, no payment shall be due from UNDP to
the Contractor except for work and services
satisfactorily performed in conformity with the
expresstermsofthisContract.
15.4ShouldtheContractorbeadjudgedbankrupt,or
be liquidated or become insolvent, or should the
Contractormakeanassignmentforthebenefitofits
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
theoccurrenceofanyoftheaboveevents.
16.0SETTLEMENTOFDISPUTES
16.1AmicableSettlement:ThePartiesshallusetheir
best efforts to settle amicably any dispute,
controversy or claim arising out of this Contract or
thebreach,terminationorinvaliditythereof.Where
thepartieswishtoseeksuchanamicablesettlement
throughconciliation,theconciliationshalltakeplace
in accordance with the UNCITRAL Conciliation Rules
then obtaining, or according to such other
procedureasmaybeagreedbetweentheparties.
16.2Arbitration: Any dispute, controversy, or claim

between the Parties arising out of the Contract or
thebreach,termination,orinvaliditythereof,unless
settled amicably under Article 16.1, above, within
sixty(60)daysafterreceiptbyonePartyoftheother
Partys 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

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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,
whethertangibleorintangible,orofanyconfidential
information provided under the Contract, order the
terminationoftheContract,ororderthatanyother
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 InterBank Offered
Rate(LIBOR)thenprevailing,andanysuchinterest
shall be simple interest only. The Parties shall be
boundbyanyarbitrationawardrenderedasaresult
of such arbitration as the final adjudication of any
suchdispute,controversy,orclaim.
17.PRIVILEGESANDIMMUNITIES:
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,
includingitssubsidiaryorgans.
18.TAXEXEMPTION
18.1Section 7 of the Convention on the Privileges

and Immunities of the United Nations provides,
interalia that the United Nations, including its
subsidiary organs, is exempt from all direct taxes,
except charges for public utility services, and is
exemptfromcustomsdutiesandchargesofasimilar
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
ContractorshallimmediatelyconsultwiththeUNDP
todetermineamutuallyacceptableprocedure.
18.2Accordingly, 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.CHILDLABOUR
19.1The 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
thatislikelytobehazardousortointerferewiththe
child's education, or to be harmful to the child's
health or physical mental, spiritual, moral or social
development.
19.2Any breach of this representation and warranty

shall entitle UNDP to terminate this Contract
immediately upon notice to the Contractor, at no
costtoUNDP.
20.0MINES:
20.1The Contractor represents and warrants that

neither it nor any of its suppliers is actively and
directly engaged in patent activities, development,
assembly, production, trade or manufacture of
minesorinsuchactivitiesinrespectofcomponents
primarily utilized in the manufacture of Mines. The
term"Mines"meansthosedevicesdefinedinArticle
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
HaveIndiscriminateEffectsof1980.

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20.2Any breach of this representation and warranty
shall entitle UNDP to terminate this Contract
immediatelyupon notice to theContractor,without
any liability for termination charges or any other
liabilityofanykindofUNDP.
21.0OBSERVANCEOFTHELAW:
The Contractor shall comply with all laws,

ordinances, rules, and regulations bearing upon the
performance of its obligations under the terms of
thisContract.
22.0SEXUALEXPLOITATION:
22.1The Contractor shall take all appropriate

measurestopreventsexualexploitationorabuseof
anyonebyitorbyanyofitsemployeesoranyother
persons who may be engaged by the Contractor to
performany servicesunder theContract. Forthese
purposes, sexual activity with any person less than
eighteenyearsofage,regardlessofanylawsrelating
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
provisionshereofconstituteanessentialtermofthe
Contract and that any breach of this representation
and warranty shall entitle UNDP to terminate the
ContractimmediatelyuponnoticetotheContractor,
without any liability for termination charges or any
otherliabilityofanykind.
22.2The UNDP shall not apply the foregoing

standard relating to age in any case in which the
Contractors personnel or any other person who
may be engaged by the Contractor to perform any
servicesundertheContractismarriedtotheperson
less than the age of eighteen years with whom
sexual activity has occurred and in which such
marriageisrecognizedasvalidunderthelawsofthe
countryofcitizenshipofsuchContractorspersonnel
or such other person who may be engaged by the
Contractor to perform any services under the
Contract.
23.0 AUTHORITYTOMODIFY:
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
thisAgreementsignedbytheContractorandjointly
bytheUNDPAuthorizedOfficial.

UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

Page 14of 15

Section5
LongTermAgreement(formof)
LONGTERMAGREEMENTNo.xxxxxxxxxx
FORTHEPROVISIONSERVICES
ThisLongTermAgreementismadebetweentheUnitedNationsDevelopmentProgramme,(hereinafterUNDP)
and.(hereinaftercalledContractor)withitsheadquartersat.
WHEREAS,UNDPdesirestoenterintoaLongTermAgreementfortheprovisionofxxxxxxxServices(hereinafter
theServices)bytheContractortoUNDP,asprovidedherein;
WHEREASpursuanttotheRequestforProposaltheofferoftheContractorwasaccepted;
NOW,THEREFORE,UNDPandtheContractor(hereinafterjointlytheParties)herebyagreeasfollows:
Article1:SCOPEOFWORK
1. The Contractor shall provide the types of services and deliverables, which are listed in Annex II hereto
(TermsofReference).
2. SuchServicesshallbeatthepriceslistedinAnnexIII.Thepricesshallremainineffectforaperiodofone
yearfromEntryintoForceofthisAgreement.
3. UNDP does not warrant that any quantity of Services will be purchased during the term of this
Agreement,whichshallbeforoneyear.
Article2:CHANGESINCONDITION
4. Intheeventofanyadvantageoustechnicalchangesand/ordownwardpricingoftheServicesduringthe
duration of this Agreement, the Contractor shall notify UNDP immediately. UNDP shall consider the
impactofanysucheventandmayrequestanamendmenttotheAgreement.
Article3:CONTRACTOR'SREPORTING
5. TheContractorshallreporttoUNDPontheServicesprovidedtoUNDPinaccordancewiththeTermsof
Reference(AnnexIII).
Article4:GENERALANDSPECIALTERMSANDCONDITIONS
6.ThestandardUNDPGeneralConditionsforProfessionalServices,attachedasAnnexI,shallapplytothis
Agreement.

UNDP-South Sudan

Procurement

REQUEST FOR
QUOTATION
DESIGN-COMM-60-2012
IMPORTANT:

Page 15of 15

Article5:ACCEPTANCE
7.ThisAgreementsupersedesallpriororalorwrittenagreements,ifany,betweenthePartiesandconstitutes
theentireagreementbetweenthepartieswithrespecttotheprovisionoftheServiceshereunder.
8.ThisAgreementshallenterintoforceonthedateofthelastsignaturebytherepresentativesoftheParties
andshallremaininforceforaperiodofoneyear,andmaybeextendedforoneadditionalyearbymutual
agreementoftheParties.
Article6:PURCHASEORDERSforEACHService
9. Foreachservicetobemanaged,UNDPshallissueaninstruction(WorkOrder),outliningthedetailsof
theserviceinaformattachedasAnnexIV.TheContractorwillberequiredtoreturnthisWorkOrder
withthenecessaryinformationandoncethisisaccepted,UNDP,shallissueaformalPurchaseOrderto
theContractor.
Article6:PAYMENTTERMS
10. UNDPshallpaytheContractorasfollows:
(a) Foreachservice
(i) 100%within30daysuponcompletionandsatisfactoryreceptionofeachservice
INWITNESSWHEREOF,thedulyauthorizedrepresentativeofthePARTIEShassignedthisagreement.
Forandonbehalfof:
Contractor:
UNDP

________________________________________________________
Name:

Title
Date:________________________Date:________________________

UNDP-South Sudan: United Nations Development Programme

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Item GenericDescription[incl.Technicalspecifications,qualityandspecialfeaturesrequired] Quantity

United Nations Development Programme

United Nations Development Programme

VALIDITYOFQUOTATION: Minimum 90days

S/N Description Specification

4pagerNewsletter layout Pagesize: standardA4papersize

3 4pagerbooklets Pagesize: standardA4papersize

4 8pagerbooklets Pagesize: standardA4papersize

5 12pagerbooklets Pagesize: standardA4papersize

6 16pagerbooklets Pagesize: standardA4papersize

7 20pagerbooklets Pagesize: standardA4papersize

United Nations Development Programme

United Nations Development Programme

Item Cost Time

The Contractor shall be considered as having the

The Contractor shall neither seek nor accept

3. CONTRACTOR'S RESPONSIBILITY FOR

The Contractor shall be responsible for the

The Contractor shall not assign, transfer, pledge or

In the event the Contractor requires the services of

The Contractor warrants that no official of UNDP or

The Contractor shall indemnify, hold and save

8.1The Contractor shall provide and thereafter

8.2The Contractor shall provide and thereafter

8.3The Contractor shall also provide and thereafter

8.4Except for the workmen's compensation

8.4.2Include a waiver of subrogation of the

8.4.3Provide that the UNDP shall receive thirty (30)

8.5The Contractor shall, upon request, provide the

The Contractor shall not cause or permit any lien,

10.TITLE TO EQUIPMENT: Title to any equipment

11.COPYRIGHT, PATENTS AND OTHER

11.1Except as is otherwise expressly provided in

11.4Subject to the foregoing provisions, all maps,

12.USE OF NAME, EMBLEM OR OFFICIAL SEAL OF

The Contractor shall not advertise or otherwise

13.CONFIDENTIAL NATURE OF DOCUMENTS AND

Information and data that is considered proprietary

13.1The recipient (Recipient) of such information

13.1.1use the same care and discretion to

13.1.2use the Disclosers Information solely

13.2Provided that the Recipient has a written

13.2.1any other party with the Disclosers

13.2.2the Recipients employees, officials,

13.2.2.2 any entity over which the Party

13.2.2.3 for the UNDP, an affiliated Fund

13.3The Contractor may disclose Information to the

13.4The UNDP may disclose Information to the

13.5The Recipient shall not be precluded from

13.6These obligations and restrictions of

14.FORCE MAJEURE; OTHER CHANGES IN

United Nations Development Programme

14.2If the Contractor is rendered permanently

14.4The Contractor acknowledges and agrees that,

15.1Either party may terminate this Contract for

15.2UNDP reserves the right to terminate without

16.2Arbitration: Any dispute, controversy, or claim

Nothing in or relating to this Contract shall be

18.1Section 7 of the Convention on the Privileges

18.2Accordingly, the Contractor authorizes UNDP to