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Early Warning System - UNDP Trinidad and Tobago

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INDIVIDUAL CONSULTANT PROCUREMENT NOTICEDate: August 27, 2012Country:Description of the assignment:Period of assignment/services:<strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Disaster Risk Management ODPM-<strong>UNDP</strong> Capacity BuildingProject: Strengthening of Emergency Communication <strong>and</strong> theEstablishment of a MultiHazard <strong>Early</strong> <strong>Warning</strong> <strong>System</strong> in<strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>.5 monthsProposals may be submitted to the email address: registry.tt@undp.org <strong>and</strong> subject:Consultant for Disaster Risk Management ODPM-<strong>UNDP</strong> <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>.ORby regular mail or h<strong>and</strong> delivered to:Procurement Unit<strong>UNDP</strong>3A Chancery Lane,Port of Spain, <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong><strong>and</strong> subject:Consultant for Disaster Risk Management ODPM-<strong>UNDP</strong> <strong>Early</strong><strong>Warning</strong> <strong>System</strong>.BY THE DEADLINE DATE: Tuesday 11 th September, 2012 @ 12 midnight (<strong>Trinidad</strong> <strong>and</strong><strong>Tobago</strong> Time)Any request for clarification must be sent in writing, or by st<strong>and</strong>ard electronic communication to theaddress or e-mail address indicated above <strong>and</strong> received by <strong>UNDP</strong> no later than 3 rd September 2012.<strong>UNDP</strong> will then create a document which gives an explanation of the query without identifying thesource of inquiry. This document will be posted on the <strong>UNDP</strong> <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> website along withthe advertisement <strong>and</strong> also sent out to all offerors who have submitted a proposal or query.This Procurement Notice is targeted to Individual Consultants only <strong>and</strong> not firms or companies.<strong>UNDP</strong> reserves the right to accept or reject any offers <strong>and</strong> to annul the solicitation process <strong>and</strong> reject alloffers at any time prior to the award of contract, without hereby incurring any liability to the affectedofferor or any obligations to inform the affected offeror/s of the grounds for this action.1


1. BACKGROUND<strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> has been experiencing a phase of continued economic growth driven primarily byexpansion of the energy sector. Rapid urbanization has occurred in the context of the high vulnerabilityof the twin isl<strong>and</strong> Republic to multiple natural hazards <strong>and</strong> increasing technological <strong>and</strong> human-inducedhazards.ODPM has been given the national m<strong>and</strong>ate for <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> as lead agency for disaster riskmanagement including responsibility for implementing the policy <strong>and</strong> programme for protection ofcritical infrastructure. The institutional framework <strong>and</strong> organizational structure have been established,<strong>and</strong> building national <strong>and</strong> community resilience to natural <strong>and</strong> anthropogenic hazards is an overarchingobjective. Operational plans are to be updated to reflect the alignment of <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> with theHyogo Framework for Action <strong>and</strong> Millennium Development Goals, <strong>and</strong> ODPM is to lead the process ofmainstreaming disaster risk management into the plans <strong>and</strong> operations of the Government of <strong>Trinidad</strong><strong>and</strong> <strong>Tobago</strong>.The current joint capacity building project between <strong>UNDP</strong> <strong>and</strong> ODPM will make a contribution toimproved Disaster Risk Management Policy, Strategy <strong>and</strong> Operations <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>, <strong>and</strong> willassist development of a well-functioning Disaster Risk Management public education <strong>and</strong> early warningsystem. A capacity assessment for both of these major outputs will inform critical areas forimprovement of the framework <strong>and</strong> emergency communications system. <strong>UNDP</strong> has prior experience inworking with ODPM <strong>and</strong> has a worldwide network of expertise in disaster management available to thisproject directly with best practices, technical advice <strong>and</strong> operational support.The above mentioned project includes an output related to the update of mitigation/response plans --including <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>s. However, <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>s, by <strong>and</strong> large, are not a regularfeature of the DRM system of <strong>Trinidad</strong>. It is pertinent, therefore to begin assessing existing EWS in thecountry, in the face of increasing urbanization <strong>and</strong> vulnerabilities to disasters caused by the impact ofnatural hazards.On behalf of the GORTT, the <strong>UNDP</strong> is currently seeking a suitable professional to work with the Ministryof National Security, for the purpose of developing Emergency communication system including <strong>Early</strong><strong>Warning</strong> systems initiated or strengthened (if applicable) for selected critical facilities <strong>and</strong> vulnerablecommunities.2. Expected Results <strong>and</strong> Key DeliverablesThe consultant will assess the existing EWS in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> <strong>and</strong> also develop plans to revamp<strong>and</strong>/or strengthen the system for the country. The exercise will cover <strong>Trinidad</strong>’s extent of risk exposure,monitoring <strong>and</strong> warning services, communication <strong>and</strong> dissemination systems, <strong>and</strong> its outreach strategy.It should therefore:1. Review the technical design/structure <strong>and</strong> efficacy of the existing early warning system in <strong>Trinidad</strong>.This will include an assessment of early warning agencies, communications networks, protocols for issueof warning, <strong>and</strong> transmission to the people. The review should also assess awareness among thepopulation of early warning systems, how the residents of the vulnerable communities access the2


information <strong>and</strong> how they act upon it. This particular aspect should be done through a series of focusgroup meetings conducted at the community <strong>and</strong> Regional Corporations’ levels for 3-5 selectedvulnerable communities.2. On the basis of the review, the Consultant will develop reports on the multi-hazard early warningsystem for <strong>Trinidad</strong>, which will include assessing/developing the following:A) An assessment report that describes the existing EWS that function in <strong>Trinidad</strong>, as well asassesses the efficacy of institutional, technical systems in place, <strong>and</strong> how these interact with civilsociety. This should include:• Review of best practices for EWS in the Caribbean <strong>and</strong> elsewhere.• Review probability, frequency of occurrence <strong>and</strong> likely impact of hazards that affect thecountry, on people, property, livelihoods, <strong>and</strong> infrastructure taking into account genderdifferences.• Review existing national <strong>and</strong> sectoral legal documents <strong>and</strong> policies related to emergencycommunications <strong>and</strong> EWS.• Examine location <strong>and</strong> operations of selected critical facilities, <strong>and</strong> vulnerable communities.• Disaggregate emergency communication <strong>and</strong> EWS by 1) geographical area, 2) critical facility,3) sector/Ministry. Assess whether gender concerns are taken into consideration in theestablishment of these systems.• A comparative evaluation of technologies involved in the early warning system; <strong>and</strong> arecommended alternate technology, if needed.• Assess network design, technical specifications, up-time performance st<strong>and</strong>ards,approximate cost, <strong>and</strong> the provision of multiple interchangeable components in order toprovide resilience (redundancies).• Assess connectivity <strong>and</strong> integration of EWS with critical facilities <strong>and</strong> installations,emergency services, <strong>and</strong> the disaster management system in <strong>Trinidad</strong>.• Assess mode of collecting information related to hazard events, monitoring, <strong>and</strong>transmitting it to other agencies, particularly the ODPM, first responders, municipalgovernment <strong>and</strong> district administration.• Assess last-mile connectivity with the residents of <strong>Trinidad</strong> including a specific analysis ofhow different groups (according to age, sex, disabilities, poverty, etc.) may or may not bereached by the EW information Develop dissemination plan through mass <strong>and</strong> social media,printed <strong>and</strong> audio-visual materials.• Assess messages disseminated through the EWS: how appropriate, accurate, simple,gender-sensitive etc.• Assess service support for maintaining the EWS on a regular basis <strong>and</strong> ensuring 100 percentuptime.B) A Recommendations document that suggests either an alternate EWS or methods to strengthenthe existing EWS system in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>. This should include network design,technology, 24/7 last-mile connectivity, dissemination of messages, costs, modes ofprocurement, possible private-public partnerships <strong>and</strong> advice on how best to integrate such asystem with the existing DRM systems.3


3. Facilitate strengthening of EWS for three selected categories of critical infrastructure selected on thebasis of the consultancy, which should include:A) Development of a cost-effective Emergency Communication Strategy for three selectedcategories of critical infrastructure (including a well-defined monitoring framework).B) Organising <strong>and</strong> conducting a key stakeholders’ meeting for endorsement of the communicationstrategy.C) Facilitate pilot National simulation exercises for a sample of each selected category of criticalfacilities <strong>and</strong> garner feedback for process improvement.4


3. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE OFFER.Interested individual consultants must submit the following documents/information to demonstrate theirqualifications:(1) TECHNICAL PROPOSAL:(i) A letter explaining why they are most suitable for the work <strong>and</strong> an approach outlining a schedule ofactivities to be engaged in this consultancy, along with an estimation of the number of daysrequired to complete each activity.(ii) Completion of a CV or P11 Form (see Annex 3) including information on past experience in similarprojects <strong>and</strong> at least 3 references. Please note that if an offeror submits a CV <strong>and</strong> is selected forthis consultancy, he/she will be required to complete the P11 Form.(iii) Completion of the Confirmation of Interest Letter(2) FINANCIAL PROPOSAL: Annex 4 Attached.LUMP SUM CONTRACTSSubmission of the financial proposal may be sent via email separately. It is recommended toprotect the Financial Proposal with a password. The password shall be provided by the Offeror uponrequest from the Procurement Unit via email. If submitting by regular mail or by ‘H<strong>and</strong>’, please place thefinancial proposal in a separate envelope, marked “Financial Proposal for consultant for Disaster RiskManagement - EWS ” <strong>and</strong> include the name of the Offeror.The financial proposal shall specify a total lump sum amount, <strong>and</strong> payment terms around specific <strong>and</strong>measureable (qualitative <strong>and</strong> quantitative) deliverables as indicated in the TOR.Payments are based upon output i.e. 100 % of contract value will be paid upon delivery <strong>and</strong> satisfactorycompletion of the services specified in the TOR.TRAVEL:All envisaged travel costs must be included in the financial proposal. This includes all travel to join dutystation/repatriation travel <strong>and</strong> living expenses. In general, <strong>UNDP</strong> should not accept travel costs exceedingthose of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so usingtheir own resources.In case of unforeseeable travel, payment of travel costs including tickets, lodging <strong>and</strong> terminal expensesshould be agreed upon, between the respective business unit <strong>and</strong> Individual consultant , prior to travel <strong>and</strong>will be reimbursed.5


4. EVALUATIONHIGHEST TOTAL SCORE OF WEIGHTED TEHCHNICAL AND FINANCIAL CRITERIA (usually used for assignments that areintellectual in nature, which takes into account a combination of the applicants’ qualifications <strong>and</strong> experience along withthe financial proposal).The price proposal of all consultants, who have attained minimum 70% score in the technical evaluation, will becompared. The contract will be awarded to the individual that receives the highest score out of a pre-determined setof weighted technical <strong>and</strong> financial criteria as specified below.The weight given to the Technical part - 70%The weight given to the Financial Proposal – 30%Technical Proposal Evaluation Form -1Points(weights)Name of ConsultantName 1 Name 2 Name 3 Name 41.Qualification – Master’s or higher in eitherGeography, Social Sciences, Environmental Sciencesor Disaster Management or equivalent field.102.Experience <strong>and</strong> Formal Training- In the field of Critical Infrastructureprotection- Risk <strong>and</strong> Hazard Assessment- Working knowledge of disaster riskmanagement, risk reduction <strong>and</strong>development- Knowledge of the local socio-economic <strong>and</strong>overall development context of theCaribbean <strong>and</strong> <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>- GIS expertise60Adequacy of the submission of the technicalapproach outlining the schedule of activities to beengaged (Have the importance aspects of the taskbeen addressed in sufficient detail? Are differentcomponents of the project adequately weighted203relative to one another? Is the scope of task welldefined ANNEX <strong>and</strong> does it correspond to the TOR? Is theapproach clear <strong>and</strong> is the sequence of activities <strong>and</strong>the ANNEX planning 1- TERMS logical, OF realistic REFERENCES <strong>and</strong> promise (TOR) efficientimplementation to the project?ANNEX 2- INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS4. Interpersonal <strong>and</strong> facilitation skills 55 Language Skill: Good written <strong>and</strong> spoken English 5Total Technical 1006


Note: Consultants obtaining points below the minimum requirements i.e.70% of the total points shallbe considered as unqualified.Financial Proposal EvaluationEvaluation of the price proposals (of all consultants who have attained minimum 70 % score in thetechnical evaluating) will be based on the weight scoring method as follows:The lowest price is ranked as the first one (receiving highest amount of points) <strong>and</strong> the most expensiveas the last one (receiving the least amount of points).- Lowest price is given maximum points (e.g. 30), for other prices the points are assigned basedon the following formula:- p = y (μ/z)Where:p = points for the financial proposal being evaluatedy = maximum number of points for the financial proposalμ = price of the lowest priced proposalz = price of the proposal being evaluatedSample: Summary of Financial Proposal (Form 2)PointsObtainableName of ConsultantName 1 Name 2 Name 3Financial Proposal Max 30Ranking by priceSub-total for Financial Evaluation 30Combined Technical <strong>and</strong> Financial Proposal Evaluation FormSample: Summary of Technical <strong>and</strong> Financial Proposals(Form – 3)PointsObtainableName of ConsultantName 1 Name 2 Name 3Sub-total Technical Proposal 70Sub-total Financial Proposal 30Total for Technical <strong>and</strong> Financial Proposal 100Note: C<strong>and</strong>idate with highest combined score technical + financial shall be selected7


5. FINANCIAL OFFER.Please fill in Annex 4 attached, to express your offer for the services required. Your price proposalwould include costs such as your remuneration plus the other expenses outlined in the Table ofBreakdown of Cost in Annex 4.Offerors, (regional <strong>and</strong> international) who are required to travel to join the Duty Station in <strong>Trinidad</strong>, willhave to purchase a round trip ticket at economy class from their place of residence to Port of Spain,<strong>Trinidad</strong>.Please send Annex 4 as a separate email, it is recommended to protect the Financial Proposal with apassword. The password shall be provided by the Offeror upon request from the Procurement Unit.If submitting by regular mail or by ‘H<strong>and</strong>’, please place the financial proposal in a separate envelope,from the technical proposal <strong>and</strong> marked “Financial Proposal for consultant for Disaster RiskManagement ”” <strong>and</strong> include the name of the Offeror.8


6. TIMELINESACTIVITYDUE ONDEADLINE FOR RECEIPT OF OFFERS 11 th September, 2012SHORTLISTING OF OFFERS 17 th September 2012NOTIFYING OF SHORTLISTED CANDIDATES 18 th – 21 st September 2012INTERVIEWING OF SHORTLISTED CANDIDATES 24 th – 28 th September 2012INTERVIEW REPORT/CONTRACT AWARD 1 st -3 rd October 2012START DATE FOR SUCESSFUL CANDIDATE 4 th – 8 th October 20129


7. FORMS TO SUBMIT OFFER/PROPOSAL.The person interested in the post described above, shall submit the following documents:Document Description FileIntroductoryLetterA letter explaining why they are the most suitablec<strong>and</strong>idate <strong>and</strong> an approach to the consultancy, outlininga schedule of activities to be engaged in. This shouldinclude an estimation of the number of days required tocomplete each activity.Confirmationof InterestLetterResumePrice or quoteLegaldocumentsA template letter confirming the Offerors’ acceptance tothe statements indicated <strong>and</strong> terms <strong>and</strong> conditionsCV or P 11 Form (Please fill in <strong>and</strong> sign P11 form attached.Please double click on the icon)Use Form in Annex 4 Financial Proposal Form(compulsory). Your quote shall be all inclusive as pertable on break down of costs.Valid passport <strong>and</strong>/ or Visa may be required in <strong>Trinidad</strong>.Annex 2Annex 3Annex 4General Conditions of the Contract (please double click on the icon: Annex 5Annexes:Annex 1 – Terms of ReferenceAnnex 2 – Confirmation of Interest LetterAnnex 3 – Link to P11 formAnnex 4 – Financial Proposal FormAnnex 5 - General Terms <strong>and</strong> Conditions of the Individual Contract10


Annex 1TERMS OF REFERENCEProject Consultant (Contract)with the Ministry of National Securityof <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Project:Duty Station:Disaster Risk Management ODPM-<strong>UNDP</strong> Capacity Building Project: Strengtheningof Emergency Communication <strong>and</strong> the Establishment of a MultiHazard <strong>Early</strong><strong>Warning</strong> <strong>System</strong> in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Tacarigua, <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Duration of Project:5 monthsType of contract: Individual Contract: Strengthening of DRM emergency communication <strong>and</strong>early warning systems, <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>11


1. Background<strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> has been experiencing a phase of continued economic growth driven primarily byexpansion of the energy sector. Rapid urbanization has occurred in the context of the high vulnerabilityof the twin isl<strong>and</strong> Republic to multiple natural hazards <strong>and</strong> increasing technological <strong>and</strong> human-inducedhazards.ODPM has been given the national m<strong>and</strong>ate for <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> as lead agency for disaster riskmanagement including responsibility for implementing the policy <strong>and</strong> programme for protection ofcritical infrastructure. The institutional framework <strong>and</strong> organizational structure have been established,<strong>and</strong> building national <strong>and</strong> community resilience to natural <strong>and</strong> anthropogenic hazards is an overarchingobjective. Operational plans are to be updated to reflect the alignment of <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> with theHyogo Framework for Action <strong>and</strong> Millennium Development Goals, <strong>and</strong> ODPM is to lead the process ofmainstreaming disaster risk management into the plans <strong>and</strong> operations of the Government of <strong>Trinidad</strong><strong>and</strong> <strong>Tobago</strong>.The current joint capacity building project between <strong>UNDP</strong> <strong>and</strong> ODPM will make a contribution toimproved Disaster Risk Management Policy, Strategy <strong>and</strong> Operations <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>, <strong>and</strong> willassist development of a well-functioning Disaster Risk Management public education <strong>and</strong> early warningsystem. A capacity assessment for both of these major outputs will inform critical areas forimprovement of the framework <strong>and</strong> emergency communications system. <strong>UNDP</strong> has prior experience inworking with ODPM <strong>and</strong> has a worldwide network of expertise in disaster management available to thisproject directly with best practices, technical advice <strong>and</strong> operational support.The above mentioned project includes an output related to the update of mitigation/response plans --including <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>s. However, <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>s, by <strong>and</strong> large, are not a regularfeature of the DRM system of <strong>Trinidad</strong>. It is pertinent, therefore to begin assessing existing EWS in thecountry, in the face of increasing urbanization <strong>and</strong> vulnerabilities to disasters caused by the impact ofnatural hazards.On behalf of the GORTT, the <strong>UNDP</strong> is currently seeking a suitable professional to work with the Ministryof National Security, for the purpose of developing Emergency communication system including <strong>Early</strong><strong>Warning</strong> systems initiated or strengthened (if applicable) for selected critical facilities <strong>and</strong> vulnerablecommunities.2. Expected Results <strong>and</strong> Key DeliverablesThe consultant will assess the existing EWS in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> <strong>and</strong> also develop plans to revamp<strong>and</strong>/or strengthen the system for the country. The exercise will cover <strong>Trinidad</strong>’s extent of risk exposure,monitoring <strong>and</strong> warning services, communication <strong>and</strong> dissemination systems, <strong>and</strong> its outreach strategy.It should therefore:1. Review the technical design/structure <strong>and</strong> efficacy of the existing early warning system in <strong>Trinidad</strong>.This will include an assessment of early warning agencies, communications networks, protocols for issue12


of warning, <strong>and</strong> transmission to the people. The review should also assess awareness among thepopulation of early warning systems, how the residents of the vulnerable communities access theinformation <strong>and</strong> how they act upon it. This particular aspect should be done through a series of focusgroup meetings conducted at the community <strong>and</strong> Regional Corporations’ levels for 3-5 selectedvulnerable communities.2. On the basis of the review, the Consultant will develop reports on the multi-hazard early warningsystem for <strong>Trinidad</strong>, which will include assessing/developing the following:C) An assessment report that describes the existing EWS that function in <strong>Trinidad</strong>, as well asassesses the efficacy of institutional, technical systems in place, <strong>and</strong> how these interact with civilsociety. This should include:• Review of best practices for EWS in the Caribbean <strong>and</strong> elsewhere.• Review probability, frequency of occurrence <strong>and</strong> likely impact of hazards that affect thecountry, on people, property, livelihoods, <strong>and</strong> infrastructure taking into account genderdifferences.• Review existing national <strong>and</strong> sectoral legal documents <strong>and</strong> policies related to emergencycommunications <strong>and</strong> EWS.• Examine location <strong>and</strong> operations of selected critical facilities, <strong>and</strong> vulnerable communities.• Disaggregate emergency communication <strong>and</strong> EWS by 1) geographical area, 2) critical facility,3) sector/Ministry. Assess whether gender concerns are taken into consideration in theestablishment of these systems.• A comparative evaluation of technologies involved in the early warning system; <strong>and</strong> arecommended alternate technology, if needed.• Assess network design, technical specifications, up-time performance st<strong>and</strong>ards,approximate cost, <strong>and</strong> the provision of multiple interchangeable components in order toprovide resilience (redundancies).• Assess connectivity <strong>and</strong> integration of EWS with critical facilities <strong>and</strong> installations,emergency services, <strong>and</strong> the disaster management system in <strong>Trinidad</strong>.• Assess mode of collecting information related to hazard events, monitoring, <strong>and</strong>transmitting it to other agencies, particularly the ODPM, first responders, municipalgovernment <strong>and</strong> district administration.• Assess last-mile connectivity with the residents of <strong>Trinidad</strong> including a specific analysis ofhow different groups (according to age, sex, disabilities, poverty, etc.) may or may not bereached by the EW information , Develop dissemination plan through mass <strong>and</strong> socialmedia, printed <strong>and</strong> audio-visual materials.• Assess messages disseminated through the EWS: how appropriate, accurate, simple,gender-sensitive etc.• Assess service support for maintaining the EWS on a regular basis <strong>and</strong> ensuring 100 percentuptime.D) A Recommendations document that suggests either an alternate EWS or methods to strengthenthe existing EWS system in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>. This should include network design,technology, 24/7 last-mile connectivity, dissemination of messages, costs, modes of13


procurement, possible private-public partnerships <strong>and</strong> advice on how best to integrate such asystem with the existing DRM systems.3. Facilitate strengthening of EWS for three selected categories of critical infrastructure selected on thebasis of the consultancy, which should include:D) Development of a cost-effective Emergency Communication Strategy for three selectedcategories of critical infrastructure (including a well-defined monitoring framework).E) Organising <strong>and</strong> conducting a key stakeholders’ meeting for endorsement of the communicationstrategy.F) Facilitate pilot National simulation exercises for a sample of each selected category of criticalfacilities <strong>and</strong> garner feedback for process improvement.3. Assumptions• Based on the availability of funds for this project the EWS consultant will focus initially on<strong>Trinidad</strong>. Should additional funds become available <strong>Tobago</strong>’s EWS will also be assessed.• The review of the effectiveness of the EWS in reaching vulnerable communities through focusgroups will depend on the availability of ODPM’s human resources to conduct focus groupsmeeting in these areas.•4. Qualifications <strong>and</strong> ExperienceProposals of only those individuals who satisfy the conditions of eligibility will be considered forevaluation. To be eligible, the c<strong>and</strong>idate should be highly motivated <strong>and</strong> capable of workingindependently. The ability to work with a wide variety of stakeholders from governments, agencies,private companies, NGOs, <strong>and</strong> research institutions is essential. The c<strong>and</strong>idate shall also fulfill thefollowing:• A post graduate degree in Geography, Environmental Sciences, Disaster management orEnvironmental Engineering <strong>and</strong> a minimum of three (3) years experience with EWS or anyequivalent combination of training <strong>and</strong> experience.• Technical expertise <strong>and</strong> experience in undertaking assignments of this scale/specification toconduct EWS assessments.• Past experience in setting-up <strong>and</strong> operating EWS in the Caribbean region would be an asset• Experience with developing guidelines <strong>and</strong> manuals for EWS.• Ability to work with a wide variety of stakeholders including government <strong>and</strong> non governmentagencies, private sector, civil society <strong>and</strong> research institutions.• Strong oral <strong>and</strong> written communication skills.• Strong interpersonal <strong>and</strong> facilitation skills.• Good written <strong>and</strong> spoken English.5. DurationThe assignment must be completed within five (5) months of the start date.Submission of final version of the Assessment report should be made within two months from the startof the assignment.14


6. Reporting RequirementsThe Consultant will be contracted by <strong>UNDP</strong> <strong>and</strong> will report directly to the Project Manager.The consultant will submit the following:(a) Detailed work plan; within two weeks of the start of the consultancy;(b) Monthly progress reports; the latter should detail the activities undertaken, impact realized, lessonslearnt, challenges encountered <strong>and</strong> recommendations.The Project Consultant shall submit all project outputs to the Project Manager which will be assessed forvalidity <strong>and</strong> completeness of required information, <strong>and</strong> should be in the desired format identified by theclient. Once approved by the Project Manager, all outputs become the property of the client to utilise<strong>and</strong> disseminate as deemed necessary.7. Terms of Payment15% on submission <strong>and</strong> acceptance of the draft EWS Assessment report by the Project Manager <strong>and</strong>Technical Advisory Committee15% on submission <strong>and</strong> acceptance of the final EWS Assessment report by the Project Manager <strong>and</strong>Technical Advisory Committee20% on submission <strong>and</strong> acceptance of the Recommendations document.25% on submission <strong>and</strong> acceptance of Emergency Communication Strategies for selected categories ofcritical infrastructure (CI).25% on successful completion of Key Stakeholders’ meeting <strong>and</strong> pilot national simulation exercises foreach selected category of critical infrastructure CI.15


ANNEX 2OFFEROR’S LETTER TO <strong>UNDP</strong>CONFIRMING INTEREST AND AVAILABILITYFOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENTDateMr. Henri Francois Mor<strong>and</strong>Resident Representative (ai)United Nations Development Programme3A Chancery LanePort of SpainDear Sir/Madam :I hereby declare that :a) I have read, understood <strong>and</strong> hereby accept the Terms of Reference describing the duties <strong>and</strong>responsibilities of Consultant for Disaster Risk Management ODPM-<strong>UNDP</strong> <strong>Early</strong> <strong>Warning</strong> <strong>System</strong>.b) I have also read, understood <strong>and</strong> hereby accept <strong>UNDP</strong>’s General Conditions of Contract for theServices of the Individual Contractors;c) I hereby propose my services <strong>and</strong> I confirm my interest in performing the assignment through thesubmission of my CV or Personal History Form (P11) which I have duly signed <strong>and</strong> attached.d) In compliance with the requirements of the Terms of Reference, I hereby confirm that I amavailable for the entire duration of the assignment, <strong>and</strong> I shall perform the services in the mannerdescribed in my proposed approach <strong>and</strong> schedule of activities which I have attached.e) I hereby propose to complete the services based on a total lump sum as stated in the financialproposal submitted <strong>and</strong> payable in the manner described in the Terms of Reference.f) For your evaluation, the breakdown of the abovementioned all-inclusive amount is attachedhereto as Annex 4;16


g) I recognize that the payment of the abovementioned amounts due to me shall be based on mydelivery of outputs within the timeframe specified in the TOR, which shall be subject to <strong>UNDP</strong>'sreview, acceptance <strong>and</strong> payment certification procedures;h) This offer both technical <strong>and</strong> financial shall remain valid for a total period of ___________ days[minimum of 90 days] after the submission deadline;i) I confirm that I have no first degree relative (mother, father, son, daughter, spouse/partner,brother or sister) currently employed with any UN agency or office [disclose the name of therelative, the UN office employing the relative, <strong>and</strong> the relationship if, any such relationship exists];j) If I am selected for this assignment, I shall [pls. check the appropriate box]: Sign an Individual Contract with <strong>UNDP</strong>; (in the case that I want to work as an individualcontractor) Request my employer [state name of company/organization/institution] to sign with <strong>UNDP</strong>a Reimbursable Loan Agreement (RLA), for <strong>and</strong> on my behalf. The contact person <strong>and</strong>details of my employer for this purpose are as follows:k) I hereby confirm that [check all that applies]: At the time of this submission, I have no active Individual Contract or any form ofengagement with any Business Unit of <strong>UNDP</strong>; I am currently engaged with <strong>UNDP</strong> <strong>and</strong>/or other entities for the following work :AssignmentContractType<strong>UNDP</strong> Business Unit/ Name ofInstitution/CompanyContractDurationContractAmount I am also anticipating conclusion of the following work from <strong>UNDP</strong> <strong>and</strong>/or other entitiesfor which I have submitted a proposal :Name ofInstitution/AssignmentCompanyContractTypeContractDurationContractAmount17


l) I hereby confirm (check if applicable) that I am a government official or employee <strong>and</strong> agree tothe following conditions, which must be met prior <strong>and</strong> in order to be awarded a contract inaccordance with <strong>UNDP</strong> rules <strong>and</strong> regulations:(i) A “No-objection” letter in respect of the individual is received from the Governmentemploying him/her, <strong>and</strong>;(ii) The individual must provide an official documentation from his/her employer formallycertifying his or her status as being on “official leave without pay” for the duration of the IC.Note:The above requirements are also applicable to Government-owned <strong>and</strong> controlled enterprises<strong>and</strong> well as other semi/partially or fully owned Government entities, whether or not theGovernment ownership is of majority or minority statusm) I fully underst<strong>and</strong> <strong>and</strong> recognize that <strong>UNDP</strong> is not bound to accept this proposal, <strong>and</strong> I alsounderst<strong>and</strong> <strong>and</strong> accept that I shall bear all costs associated with its preparation <strong>and</strong> submission<strong>and</strong> that <strong>UNDP</strong> will in no case be responsible or liable for those costs, regardless of the conduct oroutcome of the selection process.n) If you are a former staff member of the United Nations <strong>and</strong> recently separated. Please click onthe box beneath to apply the statement as a confirmation to your letter:I hereby confirm that I have complied with the minimum break in service required before I can beeligible for an Individual Contract.o) I also fully underst<strong>and</strong> that, if I am engaged as an Individual Contractor, I have neitherexpectations nor entitlements whatsoever to be re-instated or re-employed as a staff member.Full Name <strong>and</strong> Signature: Date Signed :18


Annex 3.P11 FORM: http://www.undp.org.tt/Jobs/P11%20Personal%20history%20form.doc19


Annex 4Price Submission FormResident RepresentativeUnited Nations Development Programme, <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Description of Consultancy:Disaster Risk Management ODPM-<strong>UNDP</strong> Capacity Building Project: Strengthening ofEmergency Communication <strong>and</strong> the Establishment of a MultiHazard <strong>Early</strong> <strong>Warning</strong> <strong>System</strong> in<strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>.Please send this form as a separate email, it is recommended to protect the Financial Proposalwith a password. The password shall be provided by the Offeror upon request from theProcurement Unit via email.Having examined the Solicitation Documents, the receipt of which is hereby dulyacknowledged, I, the undersigned, offer to provide (the requested services) for the total sumof: $.............................................. (.............................................................................................................................)(indicate amount in number <strong>and</strong> letters)All inclusive as per the table of breakdown of Costs beneath.20


BREAKDOWN OF COSTSSUPPORTING THE ALL-INCLUSIVE FINANCIAL PROPOSALA. Breakdown of Cost by Components:Cost ComponentsUnit Cost(pleaseindicatecurrency)QuantityTotal Rate for theContractDuration(please alsoindicate currency)I. Personnel Costs (this cost will takeinto account item (a) beneath.)a. Professional FeesII. Travel Expenses to Join dutystation in <strong>Trinidad</strong>.(only applicableto offerors from <strong>Tobago</strong>, regionalor international )(this cost willtake into account items (a) to (e)beneath)a. Round Trip Airfares to <strong>and</strong>from duty station – <strong>Trinidad</strong><strong>and</strong> <strong>Tobago</strong>.b. Living Allowancec. Travel Insuranced. Terminal Expenses i.e. taxis to<strong>and</strong> from airporte. Others (pls. specify) (optional)Total Cost for the entire consultancy(sum of I <strong>and</strong> II above)21


Breakdown of Cost by Deliverables*DeliverablesOn submission <strong>and</strong> acceptance of the draftEWS Assessment report by the ProjectManager <strong>and</strong> Technical Advisory CommitteePercentage ofTotal Price(Weight forpayment)15 %Amount(please alsoindicate currency)On submission <strong>and</strong> acceptance of the finalEWS Assessment report by the ProjectManager <strong>and</strong> Technical Advisory Committee15%On submission <strong>and</strong> acceptance of theRecommendations document 20%On submission <strong>and</strong> acceptance ofEmergency Communication Strategies forselected categories of CI25%On successful completion of Key25%Stakeholders’ meeting <strong>and</strong> pilot nationalsimulation exercises for each selectedcategory of critical infrastructure (CI)Total 100% USD/TTD ……*Basis for payment tranchesPLEASE NOTE : All local offerors from <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> must quote in <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong>Dollars (TTD). Whilst there is an option for offerors outside of <strong>Trinidad</strong> <strong>and</strong> <strong>Tobago</strong> to quote inUnited States Dollars (USD). All quotations for comparative purposes, in USD, will be subject toconversion to TTD using the UN Official Rate of Exchange (UNORE) at the time of bid reception.22


I undertake, if my Offer is accepted, to commence <strong>and</strong> complete delivery of all services specified in thecontract within the time frame stipulated.I underst<strong>and</strong> that you are not bound to accept any Offer you may receive.Date:Name <strong>and</strong> signature:Annex 5.G E N E R A L C O N D I T I O N S O F C O N T R A C T FOR THE SERVICES OF INDIVIDUALCONTRACTORS 1 Version 1st January 20111. LEGAL STATUS: The Individual contractor shall have the legal status of an independent contractorvis-à-vis the United Nations Development Programme (<strong>UNDP</strong>), <strong>and</strong> shall not be regarded, for anypurposes, as being either a “staff member” of <strong>UNDP</strong>, under the UN’ Staff Regulations <strong>and</strong> Rules, or an“official” of <strong>UNDP</strong>, for purposes of the Convention on the Privileges <strong>and</strong> Immunities of the UnitedNations, adopted by the General Assembly of the United Nations on 13 February 1946. Accordingly,nothing within or relating to the Contract shall establish the relationship of employer <strong>and</strong> employee,or of principal <strong>and</strong> agent, between <strong>UNDP</strong> <strong>and</strong> the Individual contractor. The officials, representatives,employees or subcontractors of <strong>UNDP</strong> <strong>and</strong> of the Individual contractor, if any, shall not be consideredin any respect as being the employees or agents of the other, <strong>and</strong> <strong>UNDP</strong> <strong>and</strong> the Individual contractorshall be solely responsible for all claims arising out of or relating to its engagement of such persons orentities.2. STANDARDS OF CONDUCT: In General: The Individual contractor shall neither seek nor acceptinstructions from any authority external to <strong>UNDP</strong> in connection with the performance of itsobligations under the Contract. Should any authority external to <strong>UNDP</strong> seek to impose anyinstructions on the Contract regarding the Individual contractor’s performance under the Contract,the Individual contractor shall promptly notify <strong>UNDP</strong> <strong>and</strong> shall provide all reasonable assistancerequired by <strong>UNDP</strong>. The Individual contractor shall not take any action in respect of its performance ofthe Contract or otherwise related to its obligations under the Contract that may adversely affect theinterests of <strong>UNDP</strong>, <strong>and</strong> the Individual contractor shall perform its obligations under the Contract withthe fullest regard to the interests of <strong>UNDP</strong>. The Individual contractor warrants that it has not <strong>and</strong> shallnot offer any direct or indirect benefit arising from or related to the performance of the Contract or theaward thereof to any representative, official, employee or other agent of <strong>UNDP</strong>. The Individualcontractor shall comply with all laws, ordinances, rules <strong>and</strong> regulations bearing upon the performanceof its obligations under the Contract. In the performance of the Contract the Individual contractorshall comply with the st<strong>and</strong>ards of conduct set in the Secretary General’s Bulletin ST/SGB/2002/9 of 18June 2002, entitled “Regulations Governing the Status, Basic Rights <strong>and</strong> Duties of Officials other thanSecretariat Officials, <strong>and</strong> Expert on Mission”. The individual contractor must comply with all Security23


Directives issued by <strong>UNDP</strong>. Failure to comply with such security directives is grounds for terminationof the Individual contractor for cause.Prohibition of Sexual Exploitation <strong>and</strong> Abuse: In the performance of the Contract, the Individualcontractor shall comply with the st<strong>and</strong>ards of conduct set forth in the Secretary-General’s bulletinST/SGB/2003/13 of 9 October 2003, concerning “Special measures for protection from sexualexploitation <strong>and</strong> sexual abuse”. In particular, the Individual contractor shall not engage in any conductthat would constitute sexual exploitation or sexual abuse, as defined in that bulletin.The Individual contractor acknowledges <strong>and</strong> agrees that any breach of any of the provisions hereofshall constitute a breach of an essential term of the Contract, <strong>and</strong>, in addition to any other legal rightsor remedies available to any person, shall give rise to grounds for termination of the Contract. Inaddition, nothing herein shall limit the right of <strong>UNDP</strong> to refer any alleged breach of the foregoingst<strong>and</strong>ards of conduct to the relevant national authorities for appropriate legal action.3. TITLE RIGHTS, COPYRIGHTS, PATENTS AND OTHER PROPRIETARY RIGHTS: Title to anyequipment <strong>and</strong> supplies that may be furnished by <strong>UNDP</strong> to the Individual contractor for theperformance of any obligations under the Contract shall rest with <strong>UNDP</strong>, <strong>and</strong> any such equipmentshall be returned to <strong>UNDP</strong> at the conclusion of the Contract or when no longer needed by theIndividual contractor. Such equipment, when returned to <strong>UNDP</strong>, shall be in the same condition aswhen delivered to the Individual contractor, subject to normal wear <strong>and</strong> tear, <strong>and</strong> the Individualcontractor shall be liable to compensate <strong>UNDP</strong> for any damage or degradation of the equipment thatis beyond normal wear <strong>and</strong> tear.<strong>UNDP</strong> shall be entitled to all intellectual property <strong>and</strong> other proprietary rights, including, but notlimited to, patents, copyrights <strong>and</strong> trademarks, with regard to products, processes, inventions, ideas,know-how or documents <strong>and</strong> other materials which the Individual contractor has developed for <strong>UNDP</strong>under the Contract <strong>and</strong> which bear a direct relation to or are produced or prepared or collected inconsequence of, or during the course of, the performance of the Contract, <strong>and</strong> the Individualcontractor acknowledges <strong>and</strong> agrees that such products, documents <strong>and</strong> other materials constituteworks made for hire for <strong>UNDP</strong>. However, to the extent that any such intellectual property or otherproprietary rights consist of any intellectual property or other proprietary rights of the Individualcontractor: (a) that pre-existed the performance by the Individual contractor of its obligations underthe Contract, or (b) that the Individual contractor may develop or acquire, or may have developed oracquired, independently of the performance of its obligations under the Contract, <strong>UNDP</strong> does not <strong>and</strong>shall not claim any ownership interest thereto, <strong>and</strong> the Individual contractor grants to <strong>UNDP</strong> aperpetual licence to use such intellectual property or other proprietary right solely for the purposes of<strong>and</strong> in accordance with the requirements of the Contract. At the request of <strong>UNDP</strong>, the Individualcontractor shall take all necessary steps, execute all necessary documents <strong>and</strong> generally assist insecuring such proprietary rights <strong>and</strong> transferring or licensing them to <strong>UNDP</strong> in compliance with therequirements of the applicable law <strong>and</strong> of the Contract. Subject to the foregoing provisions, all maps,drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents <strong>and</strong> allother data compiled by or received by the Individual contractor under the Contract shall be theproperty of <strong>UNDP</strong>, shall be made available for use or inspection by <strong>UNDP</strong> at reasonable times <strong>and</strong> inreasonable places, shall be treated as confidential <strong>and</strong> shall be delivered only to <strong>UNDP</strong> authorizedofficials on completion of work under the Contract.4.CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information <strong>and</strong> data that areconsidered proprietary by either <strong>UNDP</strong> or the Individual contractor or that are delivered or disclosedby one of them (“Discloser”) to the other (“Recipient”) during the course of performance of theContract, <strong>and</strong> that are designated as confidential (“Information”), shall be held in confidence <strong>and</strong> shallbe h<strong>and</strong>led as follows. The Recipient of such Information shall use the same care <strong>and</strong> discretion toavoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its ownsimilar information that it does not wish to disclose, publish or disseminate, <strong>and</strong> the Recipient may24


otherwise use the Discloser’s Information solely for the purpose for which it was disclosed. TheRecipient may disclose confidential Information to any other party with the Discloser’s prior writtenconsent, as well as to the Recipient’s employees, officials, representatives <strong>and</strong> agents who have a needto know such confidential Information solely for purposes of performing obligations under theContract. Subject to <strong>and</strong> without any waiver of the privileges <strong>and</strong> immunities of <strong>UNDP</strong>, the Individualcontractor may disclose Information to the extent required by law, provided that the Individualcontractor will give <strong>UNDP</strong> sufficient prior notice of a request for the disclosure of Information in orderto allow <strong>UNDP</strong> to have a reasonable opportunity to take protective measures or such other action asmay be appropriate before any such disclosure is made. <strong>UNDP</strong> may disclose Information to the extentas required pursuant to the Charter of the United Nations, resolutions or regulations of the GeneralAssembly or its other governing bodies, or rules promulgated by the Secretary-General. The Recipientshall not be precluded from disclosing Information that is obtained by the Recipient from a third partywithout restriction, is disclosed by the Discloser to a third party without any obligation ofconfidentiality, is previously known by the Recipient, or at any time is developed by the Recipientcompletely independently of any disclosures hereunder. These obligations <strong>and</strong> restrictions ofconfidentiality shall be effective during the term of the Contract, including any extension thereof, <strong>and</strong>,unless otherwise provided in the Contract, shall remain effective following any termination of theContract.5. TRAVEL, MEDICAL CLEARANCE AND SERVICE INCURRED DEATH, INJURY OR ILLNESS: If theIndividual contractor is required by <strong>UNDP</strong> to travel beyond commuting distance from the Individualcontractor’s usual place of residence, <strong>and</strong> upon prior written agreement, such travel shall be at theexpense of <strong>UNDP</strong>. Such travel shall be at economy care when by air.<strong>UNDP</strong> may require the Individual contractor to submit a Statement of Good Health from a recognizedphysician prior to commencement of work in any offices or premises of <strong>UNDP</strong> or before engaging inany travel required by <strong>UNDP</strong> or connected with the performance of the Contract. The Individualcontractor shall provide such a Statement of Good Health as soon as practicable following suchrequest, <strong>and</strong> prior to engaging in any such travel, <strong>and</strong> the Individual contractor warrants the accuracyof any such Statement, including, but not limited to, confirmation that the Individual contractor hasbeen fully informed regarding the requirements for inoculations for the country or countries to whichtravel may be authorized.In the event of the death, injury or illness of the Individual contractor which is attributable to theperformance of services on behalf of <strong>UNDP</strong> under the terms of the Contract while the Individualcontractor is travelling at <strong>UNDP</strong> expense or is performing any services under the Contract in anyoffices or premises of <strong>UNDP</strong>, the Individual contractor or the Individual contractor’s dependants, asappropriate, shall be entitled to compensation equivalent to that provided under the <strong>UNDP</strong> insurancepolicy, available upon request. 2 Version 1st January 2011 .6. PROHIBITION ON ASSIGNMENT; MODIFICATIONS: The Individual contractor may not assign,delegate, transfer, pledge or make any other disposition of the Contract, of any part thereof, or of anyof the rights, claims or obligations under the Contract except with the prior written authorization of<strong>UNDP</strong>, <strong>and</strong> any attempt to do so shall be null <strong>and</strong> void. The terms or conditions of any supplementalundertakings, licences or other forms of Contract concerning any goods or services to be providedunder the Contract shall not be valid <strong>and</strong> enforceable against <strong>UNDP</strong> nor in any way shall constitute anContract by <strong>UNDP</strong> thereto, unless any such undertakings, licences or other forms of Contract are thesubject of a valid written undertaking by <strong>UNDP</strong>. No modification or change in the Contract shall bevalid <strong>and</strong> enforceable against <strong>UNDP</strong> unless provided by means of a valid written amendment to theContract signed by the Individual contractor <strong>and</strong> an authorized official or appropriate contractingauthority of <strong>UNDP</strong>.25


7. SUBCONTRACTORS: In the event that the Individual contractor requires the services ofsubcontractors to perform any obligations under the Contract, the Individual contractor shall obtainthe prior written approval of <strong>UNDP</strong> for any such subcontractors. <strong>UNDP</strong> may, in its sole discretion,reject any proposed subcontractor or require such subcontractor’s removal without having to give anyjustification therefore, <strong>and</strong> such rejection shall not entitle the Individual contractor to claim any delaysin the performance, or to assert any excuses for the non-performance, of any of its obligations underthe Contract. The Individual contractor shall be solely responsible for all services <strong>and</strong> obligationsperformed by its subcontractors. The terms of any subcontract shall be subject to, <strong>and</strong> shall beconstrued in a manner that is fully in accordance with, all of the terms <strong>and</strong> conditions of the Contract.8. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF THE UNITED NATIONS: The Individual contractorshall not advertise or otherwise make public for purposes of commercial advantage or goodwill that ithas a contractual relationship with <strong>UNDP</strong>, nor shall the Individual contractor, in any mannerwhatsoever, use the name, emblem or official seal of <strong>UNDP</strong>, or any abbreviation of the name of <strong>UNDP</strong>,in connection with its business or otherwise without the written permission of <strong>UNDP</strong>.9. INDEMNIFICATION: The Individual contractor shall indemnify, defend, <strong>and</strong> hold <strong>and</strong> save harmless<strong>UNDP</strong>, <strong>and</strong> its officials, agents <strong>and</strong> employees, from <strong>and</strong> against all suits, proceedings, claims,dem<strong>and</strong>s, losses <strong>and</strong> liability of any kind or nature, including, but not limited to, all litigation costs <strong>and</strong>expenses, attorney’s fees, settlement payments <strong>and</strong> damages, based on, arising from, or relating to: (a)allegations or claims that the use by <strong>UNDP</strong> of any patented device, any copyrighted material or anyother goods or services provided to <strong>UNDP</strong> for its use under the terms of the Contract, in whole or inpart, separately or in combination, constitutes an infringement of any patent, copyright, trademark orother intellectual property right of any third party; or (b) any acts or omissions of the Individualcontractor , or of any subcontractor or anyone directly or indirectly employed by them in theperformance of the Contract, which give rise to legal liability to anyone not a party to the Contract,including, without limitation, claims <strong>and</strong> liability in the nature of a claim for workers’ compensation.10. INSURANCE: The Individual contractor shall pay <strong>UNDP</strong> promptly for all loss, destruction or damageto the property of <strong>UNDP</strong> caused by the Individual contractor, or of any subcontractor, or anyonedirectly or indirectly employed by them in the performance of the Contract. The Individual contractorshall be solely responsible for taking out <strong>and</strong> for maintaining adequate insurance required to meetany of its obligations under the Contract, as well as for arranging, at the Individual contractor ’s soleexpense, such life, health <strong>and</strong> other forms of insurance as the Individual contractor may consider to beappropriate to cover the period during which the Individual contractor provides services under theContract. The Individual contractor acknowledges <strong>and</strong> agrees that none of the insurancearrangements the Individual contractor may make shall, in any way, be construed to limit theIndividual contractor’s liability arising under or relating to the Contract.11. ENCUMBRANCES AND LIENS: The Individual 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 publicoffice or on file with <strong>UNDP</strong> against any monies due to the Individual contractor or to become due forany work donor or against any goods supplied or materials furnished under the Contract, or by reasonof any other claim or dem<strong>and</strong> against the Individual contractor.12. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS: In the event of <strong>and</strong> as soon as possibleafter the occurrence of any cause constituting force majeure, the Individual contractor shall give notice<strong>and</strong> full particulars in writing to <strong>UNDP</strong> of such occurrence or cause if the Individual contractor isthereby rendered unable, wholly or in part, to perform its obligations <strong>and</strong> meet its responsibilitiesunder the Contract. The Individual contractor shall also notify <strong>UNDP</strong> of any other changes inconditions or the occurrence of any event, which interferes or threatens to interfere with itsperformance of the Contract. Not more than fifteen (15) days following the provision of such notice of26


force majeure or other changes in conditions or occurrence, the Individual contractor shall also submita statement to <strong>UNDP</strong> of estimated expenditures that will likely beincurred for the duration of the change in conditions or the event. On receipt of the notice or noticesrequired hereunder, <strong>UNDP</strong> shall take such action as it considers, in its sole discretion, to beappropriate or necessary in the circumstances, including the granting to the Individual contractor of areasonable extension of time in which to perform any obligations under the Contract.In the event of <strong>and</strong> as soon as possible after the occurrence of any cause constituting force majeure,the Individual contractor shall give notice <strong>and</strong> full particulars in writing to <strong>UNDP</strong> of such occurrence orcause if the Individual contractor is thereby rendered unable, wholly or in part, to perform itsobligations <strong>and</strong> meet its responsibilities under the Contract. The Individual contractor shall also notify<strong>UNDP</strong> of any other changes in conditions or the occurrence of any event, which interferes or threatensto interfere with its performance of the Contract. Not more than fifteen (15) days following theprovision of such notice of force majeure or other changes in conditions or occurrence, the Individualcontractor shall also submit a statement to <strong>UNDP</strong> of estimated expenditures that will likely be incurredfor the duration of the change in conditions or the event. On receipt of the notice or notices requiredhereunder, <strong>UNDP</strong> shall take such action as it considers, in its sole discretion, to be appropriate ornecessary in the circumstances, including the granting to the Individual contractor of a reasonableextension of time in which to perform any obligations under the Contract.Force majeure as used herein means any unforeseeable <strong>and</strong> irresistible act of nature, any act of war(whether declared or not), invasion, revolution, insurrection, or any other acts of a similar nature orforce, provided that such acts arise from causes beyond the control <strong>and</strong> without the fault or negligenceof the Individual contractor. The Individual contractor acknowledges <strong>and</strong> agrees that, with respect toany obligations under the Contract that the Individual contractor must perform in or for any areas inwhich <strong>UNDP</strong> is engaged in, preparing to engage in, or disengaging from any peacekeeping,humanitarian or similar operations, any delay or failure to perform such obligations arising from orrelating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areasshall not, in <strong>and</strong> of itself, constitute force majeure under the Contract .13. TERMINATION: Either party may terminate the Contract, in whole or in part, upon giving writtennotice to the other party. The period of notice shall be five (5) days in the case of Contracts for a totalperiod of less than two (2) months <strong>and</strong> fourteen (14) days in the case of contracts for a longer period.The initiation of conciliation or arbitral proceedings, as provided below, shall not be deemed to be a“cause” for or otherwise to be in itself a termination of the Contract. <strong>UNDP</strong> may, without prejudice toany other right or remedy available to it, terminate the Contract forthwith in the event that: (a) theIndividual contractor is adjudged bankrupt, or is liquidated, or becomes insolvent, applies formoratorium or stay on any payment or repayment obligations, or applies to be declared insolvent; (b)the Individual contractor is granted a moratorium or a stay or is declared insolvent; the Individualcontractor makes an assignment for the benefit of one or more of its creditors; (c) a Receiver isappointed on account of the insolvency of the Individual contractor ; (d) the Individual contractoroffers a settlement in lieu of bankruptcy or receivership; or (e) <strong>UNDP</strong> reasonably determines that theIndividual contractor has become subject to a materially adverse change in its financial condition thatthreatens to endanger or otherwise substantially affect the ability of the Individual contractor toperform any of its obligations under the Contract.In the event of any termination of the Contract, upon receipt of notice of termination by <strong>UNDP</strong>, theIndividual contractor shall, except as may be directed by <strong>UNDP</strong> in the notice of termination orotherwise in writing: (a) take immediate steps to bring the performance of any obligations under theContract to a close in a prompt <strong>and</strong> orderly manner, <strong>and</strong> in doing so, reduce expenses to a minimum;(b) refrain from undertaking any further or additional commitments under the Contract as of <strong>and</strong>following the date of receipt of such notice; (c) deliver all completed or partially completed plans,drawings, information <strong>and</strong> other property that, if the Contract had been completed, would be27


equired to be furnished to <strong>UNDP</strong> thereunder; (d) complete performance of the work not terminated;<strong>and</strong> (e) take any other action that may be necessary, or that <strong>UNDP</strong> may direct in writing, for theprotection <strong>and</strong> preservation of any property, whether tangible or intangible, related to the Contractthat is in the possession of the Individual contractor <strong>and</strong> in which <strong>UNDP</strong> has or may be reasonablyexpected to acquire an interest.In the event of any termination of the Contract, <strong>UNDP</strong> shall only be liable to pay the Individualcontractor compensation on a pro rata basis for no more than the actual amount of work performedto the satisfaction of <strong>UNDP</strong> in accordance with the requirements of the Contract. Additional costsincurred by <strong>UNDP</strong> resulting from the termination of the Contract by the Individual contractor may bewithheld from any amount otherwise due to the Individual contractor from <strong>UNDP</strong>.14. NON-EXCLUSIVITY: <strong>UNDP</strong> shall have no obligation respecting, <strong>and</strong> no limitations on, its right toobtain goods of the same kind, quality <strong>and</strong> quantity, or to obtain any services of the kind described inthe Contract, from any other source at any time.15. TAXATION: Article II, section 7, of the Convention on the Privileges <strong>and</strong> Immunities of the UnitedNations provides, inter alia, that the United Nations,3 Version 1st January 2011 including its subsidiary organs, is exempt from all direct taxes, exceptcharges for public utility services, <strong>and</strong> is exempt from customs restrictions, duties <strong>and</strong> charges of asimilar nature in respect of articles imported or exported for its official use. In the event anygovernmental authority refuses to recognize the exemptions of the United Nations from such taxes,restrictions, duties or charges, the Individual contractor shall immediately consult with <strong>UNDP</strong> todetermine a mutually acceptable procedure. <strong>UNDP</strong> shall have no liability for taxes, duties or othersimilar charges payable by the Individual contractor in respect of any amounts paid to the Individualcontractor under this Contract, <strong>and</strong> the Individual contractor acknowledges that <strong>UNDP</strong> will not issueany statements of earnings to the Individual contractor in respect of any such payments.16. AUDITS AND INVESTIGATIONS:Each invoice paid by <strong>UNDP</strong> shall be subject to a post-payment audit by auditors, whether internal orexternal, of <strong>UNDP</strong> or by other authorized <strong>and</strong> qualified agents of <strong>UNDP</strong> at any time during the term ofthe Contract <strong>and</strong> for a period of two (2) years following the expiration or prior termination of theContract. <strong>UNDP</strong> shall be entitled to a refund from the Individual contractor for any amounts shown bysuch audits to have been paid by <strong>UNDP</strong> other than in accordance with the terms <strong>and</strong> conditions of theContract.The Individual contractor acknowledges <strong>and</strong> agrees that, from time to time, <strong>UNDP</strong> may conductinvestigations relating to any aspect of the Contract or the award thereof, the obligations performedunder the Contract, <strong>and</strong> the operations of the Individual contractor generally relating to performanceof the Contract. The right of <strong>UNDP</strong> to conduct an investigation <strong>and</strong> the Individual contractor’sobligation to comply with such an investigation shall not lapse upon expiration or prior termination ofthe Contract. The Individual contractor shall provide its full <strong>and</strong> timely cooperation with any suchinspections, post-payment audits or investigations. Such cooperation shall include, but shall not belimited to, the Individual contractor’s obligation to make available its personnel <strong>and</strong> any relevantdocumentation for such purposes at reasonable times <strong>and</strong> on reasonable conditions <strong>and</strong> to grant to<strong>UNDP</strong> access to the Individual contractor’s premises at reasonable times <strong>and</strong> on reasonable conditionsin connection with such access to the Individual contractor’s personnel <strong>and</strong> relevant documentation.The Individual contractor shall require its agents, including, but not limited to, the Individualcontractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections,post-payment audits or investigations carried out by <strong>UNDP</strong> hereunder.17. SETTLEMENT OF DISPUTES:28


AMICABLE SETTLEMENT: <strong>UNDP</strong> <strong>and</strong> the Individual contractor shall use their best efforts to amicablysettle any dispute, controversy or claim arising out of the Contract or the breach, termination orinvalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation,the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the UnitedNations Commission on International Trade Law (“UNCITRAL”), or according to such other procedureas may be agreed between the parties in writing.ARBITRATION: Any dispute, controversy or claim between the parties arising out of the Contract, orthe breach, termination, or invalidity thereof, unless settled amicably, as provided above, shall bereferred by either of the parties to arbitration in accordance with the UNCITRAL Arbitration Rules thenobtaining. The decisions of the arbitral tribunal shall be based on general principles of internationalcommercial law. For all evidentiary questions, the arbitral tribunal shall be guided by theSupplementary Rules Governing the Presentation <strong>and</strong> Reception of Evidence in InternationalCommercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunalshall be empowered to order the return or destruction of goods or any property, whether tangible orintangible, or of any confidential information provided under the Contract, order the termination ofthe Contract, or order that any other protective measures be taken with respect to the goods, servicesor any other property, whether tangible or intangible, or of any confidential information providedunder the Contract, as appropriate, all in accordance with the authority of the arbitral tribunalpursuant to Article 26 (“Interim Measures of Protection”) <strong>and</strong> Article 32 (“Form <strong>and</strong> Effect of theAward”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to awardpunitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitraltribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate(“LIBOR”) then prevailing, <strong>and</strong> any such interest shall be simple interest only. The parties shall bebound by any arbitration award rendered as a result of such arbitration as the final adjudication of anysuch dispute, controversy or claim.18. PRIVILEGES AND IMMUNITIES: Nothing in or relating to the Contract shall be deemed a waiver,express or implied, of any of the privileges <strong>and</strong> immunities of the United Nations, including itssubsidiary organs.– oOOo –29

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