Invitation to Bid - UNOPS

REFURBISHMENT AND RETROFITTING OF A NEW OFFICE OF THE ATTORNEY 

GENERAL (OAG) 

Supply and Installation of Air Conditioning Units in 5 Public Prosecution District Offices 

United Nations Office for Project Services (“UNOPS”) 

Invitation to Bid 

Minor Works Contract 

Contract No.: UNOPS/JMPC/00070639/CON/2012/002 

Date of Issuance: 24 May 2012 

ITB Case No.: UNOPS/JMPC/00070639/ITB/2012/002 

Air Conditioning Project for the Palestinian Public Prosecution Offices

INVITATION TO BID 

Operational excellence for results that matter Operational excellence for results that matter 

Operational excellence for results that matter 

© UNOPS 2011 

CONTENTS 

1. INVITATION LETTER .................................................................................................. 

2. SECTION I – BID PARTICULARS ............................................................................... 

3. SECTION II – INSTRUCTIONS TO BIDDERS ............................................................. 

4. SECTION III – EVALUATION METHOD AND CRITERIA ............................................ 

5. SECTION IV – RETURNABLE BID SCHEDULES ....................................................... 

SCHEDULE 1 Form of Bid ................................................................................. 

SCHEDULE 2 Bidder’s Details........................................................................... 

SCHEDULE 3 Bill of Quantities .......................................................................... 

SCHEDULE 4 Bidder Preliminary Programmes and Outline Statement of 

Proposed Methods ..................................................................... 

SCHEDULE 5 Proposed Project Team .............................................................. 

SCHEDULE 6 Insurances .................................................................................. 

SCHEDULE 7 Capacities, Experience, Work in Hand and Work Completed...... 

SCHEDULE 8 Declaration ................................................................................. 

SCHEDULE 9 Conflicts of Interest ..................................................................... 

SCHEDULE 10 Dispute Details ........................................................................... 

SCHEDULE 11 Addenda to ITB........................................................................... 

6. SECTION V - UNOPS MINOR WORKS CONSTRUCTION CONTRACT ..................... 

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Instructions 



Works 

(Article 1) 

Contact person 

and address for 

communications 

(Article 1) 

Excluded 

nationalities 

(Article 4) 

Clarifications 

(Article 8) 

Clarification 

Meetings 

(Article 9) 

& 

Site Inspections 

(Article 10) 


SECTION I 

BID PARTICULARS 

The works include the supply installation of air conditioning units for the 

regional offices of the public prosecution offices in five locations, which 

are as follows: 

1- Tulkarem Office. 

2- Qalqilia Office. 

3- Nablus Office. 

4- Salfit Office. 

5- Dura Office. 

The works should be commenced in the sequence shown above, without 

any delay between each site, all material and shop drawings approval 

should be done in the first week after commencing the job. 

A total of Seven weeks is envisaged from commencement to completion 

and handover of the Contract Works to UNOPS as further described in 

Section V of this ITB. 

All correspondence, notification and bids in relation to this ITB shall be 

sent to: 

Najeh Risheq 

United Nations Office for Project Services 

Procurement Department 

Email: NajehR@unops.org 

Fax : +972 2 628 1586 

No bidders’ nationalities are excluded from submitting a bid 

Requests for clarification from bidders will not be accepted any later than 

3 days before the Closing Date. 

Responses to requests for clarification shall be communicated to bidders 

by posting responses on UNOPS’ website at www.unops.org under ITB 

Case No.UNOPS/JMPC/00070639/ITB/2012/002 

A clarification and group site inspection meetings shall be held as 

follows: 

Office Date Time Location 

Tulkarem Office 28 May 2012 11:00 am 

Qulqilia Office 28 May 2012 12:30 pm 

Nablus Office 29 May 2012 11:00 am 

Salfit Office 29 May 2012 12:30 pm 

Dura Office 30 May 2012 11:00 am 

Public Prosecution Office; 

Noth Tulkaem area No. 71 

Public Prosecution Office. 

Al Mala’b Store, Tulkarem 

St. Near Animal Zoo 


Haifa St. – Area No. 106 


Trade Center, Alraqabeh 


Naket Nooh 

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Instructions 



Bid validity period 

(Article 13) 

Bid Currency 

(Article 16) 

Duties and Taxes 

(Article 17) 

Bid security 

Language of bids 

(Article 19) 

Closing Date 

(Article 20) 

Bid Submissions 

(Article 21) 


The clarification and Site inspections meetings are mandatory. 

Bidders shall notify UNOPS via email 2 days in advance as to whether 

or not they intend to participate in the sites inspection and the details of 

their representatives who will attend. 

Bids shall remain valid for acceptance by UNOPS for 90 Days from the 

Closing Date. 

Prices shall be quoted in New Israeli Shekels (ILS) any or any 

convertible currency. 

All bids shall be submitted net of any direct taxes. 

Note: For local bidders who are required to include the Value Added Tax 

in their invoices as per the instructions of the Ministry of Finance, the 

currency of their bids shall be quoted in the New Israeli Shekel. 

Bidders shall provide bid security in the form set out in Returnable Bid 

Schedule 2 – Form of Bid Security (see Section IV). 

The bid security shall be in the amount of 10,000.00 ILS (New Israeli 

Shekels Ten Thousand Only) or equivalent to any convertible currency. 

The bid security shall have a minimum validity period of ninety (90) 

days from the bid opening date. 

All bids, information, documents and correspondence exchanged 

between UNOPS and the bidders in relation to this bid process shall be 

in English language 

All bids must be submitted by 11:00 am on Wednesday 6 June 2012 

(Jerusalem, oPt Time). 

Bids must be submitted as follows: 

By mail or personal delivery in sealed envelopes by the Closing Date. 

The sealed envelopes shall contain one soft copy (in a CD) and two 

hardcopies. The two hardcopies shall comprise one original hardcopy 

bid marked “Original”. One hardcopy of the bid marked “Copy" shall also 

be submitted. In the event of any discrepancy between the soft and/or 

hardcopies of the bid, the bid marked as “Original” shall govern. 

The envelope shall be labelled as follows: 

***CONFIDENTIAL BID - DO NOT OPEN UNLESS AUTHORIZED*** 

Att.: Chair Person, Bid Opening Committee. 

Case No.: UNOPS/JMPC/00070639/ITB/2012/002 

And shall be delivered as follows: 

By Mail/courier 

Closing Date: 6 June 2012, 11:00am 


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Instructions 



Bid Opening 

(Article 22) 


By Personal delivery 

P.O. BOX 55157 

AL-ASMA’I Street 

Shu’fat - East Jerusalem 

Postal Code: 91192 

Same address as above 

Or 

United Nations Office for Project Services – UNOPS-JMPC 

Ramallah Office, Third Floor 

Tokyo Street, UNRCP Bld. 

Ain Munjed, Ramallah City 

Personal delivery shall be made between the hours of 9:00 am and 4:00 

pm on UNOPS regular working days and before 11:00 am on the 

Closing Date. 

Non-public bid opening will be at 3:00 pm on 6 June 2012 at UNOPS 

Main Office in Jerusalem. 

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Instructions 




SECTION II 

INSTRUCTIONS TO BIDDERS 

1. INFORMATION FOR BIDDERS 

Bidders are invited to submit a bid for the works described in the Bid Particulars in Section I, 

and further described in the Contract in Section V, in accordance with this ITB. 

All correspondence, notification and bids in relation to this ITB shall be sent to the contact 

person and address set out in the Bid Particulars in Section I. 

2. INTERPRETATION OF THE ITB 

This ITB is an invitation to treat and shall not be construed as an offer capable of being 

accepted or as creating any contractual, other legal or restitutionary rights. 

No binding contract, including a process contract or other understanding or arrangement, will 

exist between the bidder and UNOPS and nothing in or in connection with this ITB shall give 

rise to any liability on the part of UNOPS unless and until the Contract is signed by UNOPS 

and the successful bidder. 

3. AMENDMENTS TO THE ITB 

Prior to the Closing Date, UNOPS may at its discretion modify the bidding documents by 

way of a written addendum. All written addenda to the bidding documents shall form part of 

the ITB. 

In the event UNOPS modifies the ITB, UNOPS will notify in writing all bidders that have 

received the ITB from UNOPS of such modification. 

In order to give the bidders reasonable time to take such modification into account, UNOPS 

may extend the Closing Date as may be appropriate under the circumstances. 

4. ELIGIBLE BIDDERS 

A bidder may be a private, public or government-owned legal entity or any association, 

including a joint venture or consortium with legal capacity to enter into a binding contract with 

UNOPS. 

A bidder, and all parties constituting the bidder, may have the nationality of any country with 

the exception of those nationalities, if any, listed in the Bid Particulars in Section I. 

A bidder shall not be eligible to submit a bid if and when at the time of bid submission, the 

bidder: 

(i) has been suspended or declared ineligible by UNOPS or any other entity of 

the United Nations system, including the Work Bank; 

(ii) is on the UN 1267 terrorist list issued by the Security Council resolution 1267 

which establishes a sanctions regime to cover individuals and entities 

associated with Al-Qaida and/or the Taliban; or 

(iii) has not attended a mandatory site inspection or mandatory clarification 

meeting, if applicable, in accordance with Articles 9 and 10. 

If a bidder does not have all the expertise required for the provision of the works to be 

provided under the Contract, such bidder may submit a bid in association with other entities, 

particularly with an entity in the country where the works are to be provided. An entity may 

not submit more than one bid in response to this ITB, whether alone or in association with 

other entities. 

In the case of a joint venture, consortium or association: 

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Instructions 




(i) all parties of such joint venture, consortium or association shall be jointly and 

severally liable to UNOPS for any obligations arising from their bid and the 

Contract that may be awarded to them as a result of this ITB; 

(ii) the bid shall clearly identify the designated entity designated to act as the 

contact point to deal with UNOPS. Such entity shall have the authority to 

make decisions binding upon the joint venture, association or consortium 

during the bidding process and, in the event that a contract is awarded, during 

the duration of the contract; and 

(iii) The composition or the constitution of the joint venture, consortium or 

association shall not be altered without the prior consent of UNOPS. 

5. ERRORS OR OMISSIONS 

Bidders shall immediately notify UNOPS in writing of any ambiguities, errors, omissions, 

discrepancies, inconsistencies or other faults in any part of the ITB, with full details of those 

ambiguities, errors, omissions, discrepancies, inconsistencies or other faults. 

Bidders shall not benefit from such ambiguities, errors, omissions, discrepancies, 

inconsistencies or other faults. 

6. BIDDERS’ RESPONSIBILITY TO INFORM THEMSELVES & 

ACKNOWLEDGEMENT 

Bidders shall be responsible to inform themselves in preparing their bid. In this regard, 

bidders shall ensure that they: 

(i) examine and fully inform themselves in relation to all aspects of the ITB, 

including the Contract and all other documents included or referred to in this 

ITB; 

(ii) review the ITB to ensure that they have a complete copy of all documents; 

(iii) obtain and examine all other information relevant to the project and the scope 

of the works available on reasonable enquiry; 

(iv) verify all relevant representations, statements and information, including 

those contained or referred to in the ITB or made orally during any 

clarification meeting or site Inspection or any discussion with UNOPS, its 

employees or agents; 

(v) attend any clarification meeting or Site Inspection that is mandatory under this 

ITB; 

(vi) fully inform and satisfy themselves as to requirements of any relevant 

authorities and laws that apply, or may in the future apply, to the execution of 

the works; and 

(vii) form their own assessment of the nature and extent of work required to 

execute the works and properly account for all work in their bid. 

Bidders acknowledge and agree that the ITB does not purport to contain all relevant 

information in relation to the works and is provided solely on the basis that bidders shall be 

responsible for making their own assessment of the matters referred to in the ITB, including 

the Contract (see Section V). 

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Instructions 



Bidders acknowledge that they have not relied upon any and that UNOPS, its directors, 

employees and agents make no representations or warranties (express or implied) as to the 

accuracy, currency or completeness of this ITB or any other information provided to the 

bidders. 

7. UNOPS MINOR WORKS CONTRACT 

Bidders shall be willing to sign the Contract (see Section V), without departure, qualification, 

amendment, limitation or exclusion should they be selected as a result of this bid process. 

8. CLARIFICATION OF THE ITB 

Bidders may request clarification of the ITB or bid process by submitting a written request to 

the contact person stated in the Bid Particulars in Section I up to the time stated in the Bid 

Particulars in Section I and thereafter requests for clarification will not be accepted. 

UNOPS shall gather all requests for clarification and may respond in writing to all such 

requests at the same time. Responses to requests for clarification shall be communicated to 

all bidders that received the ITB from UNOPS and, if stated in the Bid Particulars in Section 

I, responses will be posted online without disclosing the names of the bidders who submitted 

the requests for clarification. 

Alternatively UNOPS shall gather all requests for clarification and may respond to all 

requests in writing after a clarification meeting which may be held as set out in Article 9 of 

this Section. 

9. CLARIFICATION MEETINGS 

Unless otherwise instructed in writing by UNOPS, a clarification meeting will only be held if 

stated in the Bid Particulars in Section I, at the time and place and in accordance with any 

instructions set out in the Bid Particulars in Section I. 

If the Bid Particulars in Section I state that a clarification meeting shall be mandatory, a 

bidder which does not attend the clarification meeting shall become ineligible to submit a bid 

under this ITB. 

The names of representatives of bidders who will attend the clarification meeting shall be 

submitted in writing by bidders to the UNOPS contact person listed in the Bid Particulars in 

Section I, including the full name and position of each representative at least 24 hours before 

the clarification meeting is to be held. 

UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid 

process during the clarification meeting. All questions shall be submitted in accordance with 

Article 8. 

The clarification meeting shall be conducted for the purpose of providing background 

information only. Without limiting Article 6, bidders shall not rely upon any information, 

statement or representation made at the clarification meeting unless that information, 

statement or representation is confirmed by UNOPS in writing. 

UNOPS shall prepare minutes of the clarification meeting and communicate them in writing 

to all bidders which received the bid documents from UNOPS shortly after the clarification 

meeting. 


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Instructions 



10. SITE INSPECTION 

Unless otherwise instructed in writing by UNOPS, a site visit will only be held if stated in the 

Bid Particulars in Section I, at the time and place and in accordance with any instructions set 

out in the Bid Particulars in Section I. 

If the Bid Particulars in Section I state that a site inspection shall be mandatory, a bidder 

which does not attend the site inspection shall become ineligible to submit a bid under this 

ITB. 

Bidders participating in a site inspection shall be responsible for: 


(i) arranging for and wearing personal protective equipment, including at a 

minimum safety helmets, boots and reflective vests; and 

(ii) making and obtaining any visa arrangements that may be required for the 

bidders to participate in a site inspection. 

Prior to attending a site inspection, bidders shall execute an indemnity and a waiver 

releasing UNOPS in respect of any liability that may arise from: 

(i) loss of or damage to any real or personal property; 

(ii) personal injury, disease or illness to, or death of, any person; 

(iii) financial loss or expense, arising out of the carrying out of that site inspection; 

and 

(iv) transportation by UNOPS to the site (if provided) as a result of any accidents 

or malicious acts by third parties. 

UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid 

process during a site visit. All questions shall be submitted in accordance with Article 8. 

A site visit will be conducted for the purpose of providing background information only. 

Without limiting Article 6, bidders shall not rely upon any information, statement or 

representation made at a site visit unless that information, statement or representation is 

confirmed by UNOPS in writing. 

11. CONTENT OF BID SUBMISSIONS 

11.1 

Returnable Bid Schedules 

Bids shall include only a fully completed and dated set of the Returnable Bid Schedules, 

including only the information required by each Returnable Bid Schedule, either completed 

on the Returnable Bid Schedule document or annexed to the document, as the case may be, 

each signed in accordance with Article 19 by a person authorised by the bidder to bind it. 

The Returnable Bid Schedules are set out in Section IV. 

11.2 

Other Information 

Bids submitted shall only include information required to be submitted in accordance with the 

ITB. 

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Instructions 



12. REMUNERATION FOR AND COSTS OF BIDS 

Bidders shall not be entitled to any remuneration or compensation for the preparation and 

submission of their bid. 

Bidders acknowledge that their participation in any stage of the bid process for this ITB is at 

the bidders' own risk and cost. UNOPS shall not be responsible for any costs or expenses 

incurred by bidders in the preparation and submission of bids or participation in the bid 

process, including as part of any clarification meeting or site or plant inspection. 

UNOPS is not liable to bidders for any costs, expense or loss on any legal, contractual, 

quasi contractual or restitutionary basis incurred or suffered in connection with the ITB or 

bidders' participation in the bid process, including where: 


(i) clarifications and addenda are provided or not provided to bidders; 

(ii) a bidder is not selected or not engaged to carry out the works; 

(iii) UNOPS varies, terminates, suspends or delays any aspect of the bid process 

or conducts another process in its place; 

(iv) UNOPS elects not to proceed with the ITB in whole or in part; or 

(v) UNOPS exercises any rights under the ITB. 

13. BID VALIDITY PERIOD 

Bids shall remain valid for acceptance by UNOPS for the entire period set out in the Bid 

Particulars in Section 1. 

14. PARTIAL BIDS 

Bidders shall respond to all applicable Returnable Bid Schedules and shall bid for all 

sections of the works. UNOPS will NOT accept bids for one or several sections of the works 

only, nor will UNOPS accept bids for only part of the works or part of any section of the 

works. 

15. ALTERNATIVE BIDS 

Alternative bids will not be evaluated. 

If a bidder submits more than one bid: 

(i) All bids marked as “Alternative Bid” will be disqualified and only the bid 

marked as “Initial Bid” will be evaluated; or, 

(ii) All bids will be rejected if no indication is provided as to which bid is the 

original bid and which is/are the alternative bid(s). 

16. BID PRICE(S) 

Prices in the bid shall be quoted in the currency stated in the Bid Particulars in Section I. If 

applicable, for comparison and evaluation purposes, UNOPS will convert the bid prices into 

USD at the official United Nations rate of exchange in force at the time of the Closing Date. 

17. DUTIES AND TAXES 

UNOPS is a tax exempt entity. All bids shall be submitted net of any direct taxes and any 

other taxes and duties, as specified in the Bid Particulars in Section I. 

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Instructions 



18. SIGNATURE OF BIDS 

Bids shall be signed by the person authorized to do so in Returnable Bid Schedule 1 – Form 

of Bid (see Section IV). That person shall be authorized by the bidder to bind the bidder. A 

copy of such authorization shall be submitted along with the bid. 

19. LANGUAGE OF BIDS 

All bids, information, documents and correspondence exchanged between UNOPS and the 

bidders in relation to this bid process shall be in the language set out in the Bid Particulars in 

Section I. 

20. CLOSING DATE 

All bids shall be received by UNOPS by no later than the time and date set out in the Bid 

Particulars in Section I. It shall be the sole responsibility of the bidders to ensure that their 

bid is received by the Closing Date. UNOPS may reject any bid received after the Closing 

Date. 

21. BID SUBMISSION 

All bids shall be submitted to UNOPS in accordance with the requirements set out in the Bid 

Particulars in Section I. 

Bids that are not submitted in accordance with the provisions set out in the Bid Particulars in 

Section I may be rejected. 

22. OPENING OF BIDS 

Bidders may attend the opening of the bids. However, they shall not be allowed to attend 

the evaluation of the bids. 

Bids will be opened at the time and location set out in the Bid Particulars in Section I. 

23. PRELIMINARY EXAMINATION 

Upon opening of the bids, UNOPS shall proceed to a preliminary examination of the bids. 

UNOPS may reject any bid during the preliminary examination which does not comply with 

the requirements set out in this ITB, without further consultation with the bidder. 

Bids which are incomplete, frivolous, clearly not competitive or contain material deviations 

from or reservations to the terms of the Contract, may, in UNOPS' absolute discretion, be 

rejected or excluded from further consideration at any time during the evaluation, including 

after preliminary examination. A bidder may not be permitted to correct or withdraw material 

deviations or reservations in a bid once the bids have been opened. 

24. CLARIFICATION OF BIDS 

UNOPS may request clarification or further information in writing from the bidders at any 

time during the bid process. The bidders’ responses shall not contain any changes 

regarding the substance or price of the bid. 

UNOPS may use such information in interpreting and evaluating the relevant bid but is under 

no obligation to take it into account. 

25. EVALUATION METHODOLOGY AND CRITERIA 

UNOPS shall evaluate bids and select a preferred bidder pursuant to Section III of this ITB. 

26. OTHER UNOPS RIGHTS 

Subject to Section III of the ITB, UNOPS shall have no obligation to accept any bid, including 

the bid with the lowest price. 


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Instructions 



In addition to its rights to clarify and amend this ITB, UNOPS may, in its absolute discretion, 

do all or any of the following: 


(i) require additional information from bidders; 

(ii) change the structure and timing of the ITB; 

(iii) alter, terminate, suspend or defer the bid process or any part of or activity in 

it; 

(iv) consider or accept or reject any bid which is non-conforming; 

(v) request, attend or conduct any site inspections or clarification meetings; 

(vi) request, attend or observe any product, plant, equipment or other 

demonstration, trial or test, provided UNOPS acts reasonably in so doing; 

(vii) abandon, cancel or otherwise not proceed with the bid process at any time 

prior to the award of a contract, without any liability toward the bidders and 

without providing any reason or notice to bidders. 

27. COLLECTION OF REJECTED OR UNSUCCESSFUL BIDS 

UNOPS shall make rejected bids available for collection by the bidders within fifteen days of 

their rejection in the case of rejected bids, or within fifteen days of the execution of the 

Contract between UNOPS and the successful bidder in the case of unsuccessful bids. 

UNOPS shall not be responsible for returning rejected and unsuccessful bids to the bidders 

at its own costs. 

28. CONFIDENTIALITY 

All information and documents provided to the bidders by UNOPS shall be treated as 

confidential by the bidders and shall: 

(i) remain the property of UNOPS; 

(ii) not be used for any purpose other than the purpose of preparing a bid; and 

(iii) be immediately returned to UNOPS in the event the bidder declines to 

respond to this ITB, or, in the event of a rejected or an unsuccessful bid, 

within fifteen days of being notified by UNOPS that its bid was rejected or 

unsuccessful. 

All information and documents provided to the bidders by UNOPS shall not be disclosed to 

any third party, except: 

(i) with the prior written consent of UNOPS; 

(ii) where the third party is assisting a bidder in preparing the bid, provided the 

bidder has previously ensured that party's adherence to this duty of 

confidentiality; 

(iii) if the information or documents is/are at the time of this ITB lawfully in the 

possession of the bidder through a party other than UNOPS; 

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Instructions 




(iv) if required by law, and provided that the bidder has previously informed 

UNOPS in writing of its obligation to disclose the information or documents; or 

(v) if the information is generally and publicly available other than as a result of 

breach of confidence by the person receiving the information. 

29. ETHICS AND CORRUPT PRACTICES 

UNOPS requires that all bidders observe the highest standard of ethics during the entire bid 

process, as well as the duration of any contract that may be awarded as a result of this bid 

process. Therefore, all bidders shall represent and warrant that they: 

(i) have not unduly obtained, or attempted to unduly obtain, any confidential 

information in connection with the bid process and any contract that may be 

awarded a result of this bid process; 

(ii) have no conflict of interest that would prevent them from entering into a 

contract with UNOPS, and shall have no interest in other bidders or parties 

involved in this bid process or in the project underlying this bid process; 

(iii) have not engaged, or attempted to engage, in any Corrupt Practices in 

connection with this bid process or the contract that may be awarded as a 

result of this bid process. For the purposes of this provision, Corrupt Practices 

shall mean any of the following: 

� bribery: the act of unduly offering, giving, receiving or soliciting anything of 

value to influence the process of procuring works, or executing contracts; 

� extortion or coercion: the act of attempting to influence the process of 

procuring works, or executing contracts by means of threat of injury to 

person, property or reputation; 

� fraud: the misrepresentation of information or facts for the purpose of 

influencing the process of procuring works, or executing the contracts, to 

the detriment of UNOPS or other participants; or 

� collusion: the agreement between bidders designed to result in bids at 

artificial prices that are not competitive. 

(iv) have not been involved in, either directly or indirectly, nor have they funded, 

either directly or indirectly, any terrorist activities, notably upon basis of the 

consolidated list of individuals belonging to or associated with terrorist entities 

as established and maintained by the United Nations 1267 Committee. 

In the event that a bidder fails to comply with any of the above representations and 

warranties, UNOPS shall have the right to reject the bid submitted by such bidder, and to 

terminate any contract that may have been awarded as a result of this bid process 

immediately upon notice, without any liability for termination charges or any other liability of 

any kind of UNOPS. In addition, the bidder may be precluded from doing business with 

UNOPS and any other entity of the United Nations System in the future. 

30. AUDIT 

Any bidder participating in this bid process shall agree to cooperate with the Office of 

Internal Oversight Services of the United Nations, UNOPS Internal Audit and Investigations 

Group as well as with any other investigation units authorized by UNOPS Executive Director 

and UNOPS Ethics Officer to investigate any allegation of misconduct, and in particular any 

allegation of a breach of Article 30 above, in connection with this bid process or any contract 

that may be awarded as a result of this bid process. 

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Instructions 



In cooperating with UNOPS, the bidders shall give access to UNOPS, upon written request, 

to all employees, representatives, agents and assignees, as well as to all documents, 

records and other elements of the bidder that may be required to conduct such investigation. 

The failure of a bidder to comply with any of the above representations and warranties shall 

give UNOPS the right to disqualify the bid submitted by such bidder, and to terminate any 

contract that may have been awarded as a result of this bid process immediately upon 

notice, without any liability for termination charges or any other liability of any kind of 

UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any 

other entity of the United Nations System in the future. 

31. BID PROTEST 

Any bidder that believes to have been unjustly treated in connection with this bid process or 

any contract that may be awarded as a result of such bid process may submit a complaint to 

UNOPS’ General Counsel. More information about bid protests can be found on UNOPS’ 

website at www.unops.org. 


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Instructions 




SECTION III 

EVALUATION METHOD AND CRITERIA 

32. EVALUATION 

Bids shall be evaluated according to a two-step procedure. 

Firstly, bids shall be evaluated for technical compliance based on: 

� technical expertise and experience; 

� safety, quality and insurance; and 

� capacity, resources and key personnel. 

Secondly, bids that are found to be technically compliant shall be evaluated based on price 

and value for money, analysing all relevant costs, risks and benefits of each bid throughout 

the whole life cycle of the works and in the context of the project as a whole. The lowest 

priced bid will not necessarily be accepted. 

33. CRITERIA 

Technical Evaluation Criteria 

The “pass or fail” method will be used in the Technical Evaluation. 

Technical Criteria: 

� Returnable Bid Schedule 1 - Form of Bid 

The bidder’s form of bid is correctly filled out. 

� Returnable Bid Schedule 2 - Bid Security 

The bidder’s bid security complies with the ITB’s requirement. 

� Returnable Bid Schedule 2 - Bidder Details 

The bidder’s details are correctly filled out and the Bidder submitted proof of valid 

registration under the legal and regulatory requirements of bidder’s country of 

incorporation (i.e. Ministry of Finance, Ministry of Economy and Trade, etc.) as well 

as proof of possession of valid classification from the Palestinian Union of 

Contractors in Electromechanical or Civil Works or equivalent from bidder’s 

country of incorporation. 

� Returnable Bid Schedule 4 - Preliminary Programme and Outline Statement of 

Proposed Methods 

The bidder’s preliminary program and outline statement of proposed methods 

demonstrate the bidder’s capacity to plan and programme the works within timelines 

that are consistent with industry practice, the project requirements and UNOPS' 

project technical staff programme. 

� Returnable Bid Schedule 5 – Proposed Project Team 

The bidder’s designated Project Manager (Mechanical Engineer), Electrical Engineer 

and Foreman for this project shall demonstrate the capacity of the bidder’s to execute 

the works and should include all essential roles of the required experience. CV 

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Instructions 




should be submitted to verify the expertise and experience of the bidder’s project 

team: 

No. Position Description Minimum Years 

of Experience in 

Works 

Construction 

1 

2 

3 

Project Manager should be a Mechanical 

Engineer: to be responsible for the 

successful management of assigned project, 

its technical quality, schedule, project staff 

coordination, client communications, 

negotiating scopes and fees, billing and client 

follow-up maintenance, and should be 

responsible for preparing all required shopdrawings, 

preparation of material submittals, 

on site inspection, coordination with UNOPS 

engineer regarding all related mechanical 

aspects. He should also be responsible for all 

mechanical related workmanship on site, 

coordination with architectural and electrical 

works. 

Electrical Engineer: to be fully responsible 

for the technical side of the electrical works in 

the project to ensure that all relevant 

electrical activities comply with the required 

technical specifications and drawings. He 

should work close with the other project team 

and coordinate with other project activities. 

He should have solid knowledge of principles 

and practices related to the technical area. In 

addition to prepare the require shopdrawings, 

material submittals, and on site 

inspections. 

Foreman: to be responsible for evaluating 

workmanship and quality, ensuring the 

project schedule is being met, reviewing any 

plan discrepancies in the field, coordinating 

activities between technicians and resolving 

any disputes which may arise on the job site. 

� Returnable Bid Schedule 6 – Insurances 

Minimum Years 

of Experience in 

similar works 

10 10 

10 10 

10 5 

The bidder submitted a confirmation letter demonstrating its consent to provide the 

required insurance coverage for the works in the event of award. 

� Returnable Bid Schedule 7 – Capacity Experience, Work in Hand and Completed. 

1. At least three similar contracts executed successfully during the last three years. 

2. Average annual turnover of not less than USD 500,000 or equivalent within the 

last [3] years. 

15


Instructions 




3. Bidder must submit supporting audited financial statements for the last three 

years, with accompanying audit report, banker’s certificate, etc. duly certified by a 

chartered accountant. 

4. Capacity to undertake this contract within current workload. 

Bidder must submit supporting documents showing all ongoing contracts including 

each project name, location, client (with email and phone No.), and the contract 

amount, as well as amount or percentage of each contract completed. 

5. Key equipment that the bidder shall demonstrate adequate ownership of or access 

to the required equipment to undertake the works. 

6. The bidder shall demonstrate and confirm in a separate letter that all required AC 

units and materials required to undertake the works are already in stock or will be 

available in week one from signing the Contract. 

� Returnable Bid Schedule 8 – Declaration 

The bidder’s declaration is correctly filled out. 

� Returnable Bid Schedule 9 – Conflict of Interest 

The bidder’s filled out this schedule. 

� Returnable Bid Schedule 10 – Dispute Details 


� Returnable Bid Schedule 11 – Addenda to ITB 


Financial Evaluation Criteria 

Financial evaluation of the bid shall be conducted only if the bid found to be technically 

compliant and can be carried out in two ways. Choose the appropriate option: 

Schedule 3 – Bill of Quantities: 

The bidder’s declaration of unit prices must be correctly filled out to obtain total amounts. 

Additions/deductions to the bid BOQ is unacceptable. This document will also form 

bases for any Variation Values in the project. Where there is a discrepancy between the 

unit rate and the total amount derived from the multiplication of the unit rate by the 

corresponding quantity, the unit rate shall prevail and the total amount shall be corrected. 

If there is a discrepancy between words and figures the amount in words will prevail 

Schedule 3 – Bill of Quantities: 

ANNEX III ATTACHED 

16


Schedules 




SECTION IV 

RETURNABLE BID SCHEDULES 

[Instructions to complete each Returnable Bid Schedule are highlighted in blue in 

each schedule. Please complete the Returnable Bid Schedules as instructed] 

17


Schedules 




UNOPS-JMPC 

P.O. Box 55157 

9, AL-ASMA’I Street, Shu’fat 

Jerusalem, PC 91192 

Dear Sir/Madam, 


RETURNABLE BID SCHEDULE 1 

FORM OF BID 

Subject: Bid for the Supply and Installation of Air Conditioning Units in 5 Public Prosecution 

district Offices in Tulkarem, Qalqilia, Nablus, Salfit and Dura, oPt. – ITB Case No.: 

UNOPS/JMPC/00070639/ITB/2012/002, dated 23 May 2012. 

1. We, [Name of Bidder], hereby submit a bid for the construction of the abovereferenced 

works in response to the above-referenced ITB. 

2. We warrant that in preparing and submitting this bid, we have complied with, and are 

willing to be bound by, any and all of the requirements and provisions of the abovereferenced 

ITB, including the terms and conditions of the Contract as set out in 

Section V of the ITB. 

3. Based on the above, our proposed Contract Price is: [Insert Proposed Contract 

Price in numbers and letters]. 

4. Our bid shall remain valid for UNOPS’ acceptance until Ninety (90) days from the 

Closing Date. 

5. We acknowledge and agree that: 

� subject to Section III of the ITB, UNOPS is not bound to accept the lowest bid 

or any other bid it may receive in response to the above-referenced ITB; 

� no liability of UNOPS and no binding contract exists until the Contract is 

executed by both parties; 

� each party constituting the bidder is bound jointly and severally by this bid; 

and 

6. If we attend a site inspection we agree to release UNOPS from all, and indemnify 

UNOPS in respect of any damage, expense, loss or liability of any nature suffered or 

incurred by UNOPS as a result of; 

(i) loss of or damage to any real or personal property; 

(ii) personal injury, disease or illness to, or death of, any person; 

(iii) financial loss or expense, arising out of the carrying out of that site inspection; 

and 

(iv) transportation by UNOPS to the site (if provided) as a result of any accidents 

or malicious acts by third parties. 

18


Schedules 



I, the undersigned, certify that I am duly authorized by [insert name of bidder] to sign this 

bid and bind [insert name of bidder] should UNOPS accept this bid: 

Name: ________________________________________________________________ 

Title: _________________________________________________________________ 

Date: _________________________________________________________________ 

Signature: _____________________________________________________________ 

In witness of: 

Name: ________________________________________________________________ 

Title: __________________________________________________________________ 

Date: _________________________________________________________________ 

Signature: _____________________________________________________________ 

[Stamp form of bid with official stamp of the bidder] 


19


Schedules 




Returnable Bid Schedule 2 - A 

Form of Bid Security 

BANK GUARANTEE FOR BID 

[Insert Letterhead of Bank] 

To: United Nations Office for Project Services (UNOPS) 

Jerusalem Project Centre (JMPC) 

P.O. Box 55157 

9 Al-Asma'i Street, Shu’fat 


Dear UNOP-JMPC 

Date: [insert] 

Re: Bank Guarantee for Bid in response to Invitation to Bid, Case No. 

UNOPS/JMPC/00070639/ITB/2012/002 

The United Nations Office for Project Services (UNOPS) issued an Invitation to Bid for the 

Supply and Installation of Air Conditioning in 5 Public Prosecution district Offices in 

Tulkarem, Qalqilia, Nablus, Salfit and Dura, oPt., 

Case No. UNOPS/JMPC/00070639/ITB/2012/002 (ITB). In response to this ITB, [insert 

name of bidder] has informed you of its intent to submit a bid. 

As required in the ITB, we, [insert bank], at the request of [insert name of bidder], hereby 

irrevocably and unconditionally undertake with UNOPS that whenever UNOPS gives written 

notice to us stating that in your sole and absolute judgment [insert name of bidder] has failed 

to comply with the terms and conditions of its bid, we will, notwithstanding any objection 

which may be made by [insert name of bidder], and without any right of set-off or 

counterclaim, immediately pay to UNOPS the sum of [insert amount of bid security]. 

This bank guarantee is valid and will continue to be valid from the date of this letter until 

fifteen (15) days from the notice from UNOPS that the bid submitted by [insert name of 

bidder] has been rejected in the case of a rejected bid or after fifteen (15) days from the 

signature of a contract between UNOPS and the successful bidder, after which this bank 

guarantee will automatically become null and void, unless a dispute arises in relation to this 

bank guarantee. 

Any payment by us in accordance with this bank guarantee shall be in immediately available 

and freely transferable in New Israeli Shekels, free and clear of and without any deduction 

for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set 

off, counterclaims, deductions or withholdings of any nature whatsoever and by whomever 

imposed. 

Our obligations under this bank guarantee constitute direct primary, irrevocable and 

unconditional obligations, do not require any previous notice to or claim from [insert name of 

bidder] and will not be discharged or otherwise prejudiced or adversely affected by any: 

� time, lenience or tolerance which you may grant to [insert name of bidder]; 

� intermediate payment or other fulfilment made by us; 

20


Schedules 




� change in the constitution or organisation of the [insert name of bidder]; or 

� other matter or thing which in the absence of this provision would or might 

have that effect, except a discharge or amendment expressly made or agreed 

to by you in writing. 

This bank guarantee may not be assigned by UNOPS to any person, firm or company other 

than an affiliate, without our prior written consent, which shall not be unreasonably withheld. 

UNOPS shall notify us in writing of any assignment, after which we shall make any payment 

claimed under this bank guarantee to the person, firm or company specified in the notice 

which will constitute a full and valid release by us in relation to that payment. 

Any notice required by this bank guarantee is deemed to be given when delivered (in the 

case of personal delivery) or forty-eight (48) hours after being dispatched by prepaid 

registered post or recorded delivery (in the case of a letter) or as otherwise advised by and 

between the parties. 

We agree that part of the bid may be amended, renewed, extended, modified, compromised, 

released or discharged by mutual agreement between you and [insert name of bidder], and 

this security may be exchanged or surrendered without in any way impairing or affecting our 

abilities under this bank guarantee without notice to us and without the necessity of any 

additional endorsement, consent or guarantee by us, provided, however, that guaranteed 

sum does not increase or decrease. 

No action, event or condition which by any applicable law may operate to free us from 

liability under this bank guarantee will have any effect. We waive any right we may have to 

apply such law so that in all respects our liability under this bank guarantee will be 

irrevocable and, except as stated in this bank guarantee, unconditional in all respects. 

This bank guarantee is governed by the Uniform Rules for Demand Guarantees, ICC 

Publication No. 758, provided that the supporting statement under Article 15 (a), and Articles 

34 and 35 are excluded. Any disputes arising out or in connection with this bank guarantee, 

or the breach, termination, or invalidity thereof will be referred to and finally resolved by 

arbitration in accordance with the UNCITRAL Arbitration Rules then in effect, the language 

of the proceedings being English. 

Nothing in or relating to this bank guarantee shall be deemed a waiver, express or implied, 

of any of the privileges and immunities of the United Nations, including its subsidiary organs, 

of which UNOPS is an integral part, which are hereby expressly reserved. 

Notices under this bank guarantee shall be made to: 

[insert contact information for notices] 

21


Schedules 



IN WITNESS of which the [insert name of 

bank] has duly executed this Guarantee on the 

date stated above. 

SIGNED by [insert] 

as attorney for [insert] 

under power of attorney dated [insert] 

in the presence of 

______________________________ 

Signature of witness 

______________________________ 

Name of witness 

______________________________ 

Address of witness 

______________________________ 

Occupation of witness 


) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

__________________________________ 

By executing this agreement the attorney 

states that the attorney has received no notice 

of revocation of the power of attorney 

22


Schedules 




RETURNABLE BID SCHEDULE 2 - B 

BIDDER'S DETAILS 

ITB Case No.: 

_______________________________________________________________________ 

Name of bidder: 

_______________________________________________________________________ 

Trade Licence title and No.: 

_______________________________________________________________________ 

Address of registered 

office:__________________________________________________________________ 

_______________________________________________________________________ 

Name of bidder representative: 

_______________________________________________________________________ 

Address for service of notices (if different than above): 

_______________________________________________________________________ 

_______________________________________________________________________ 

Phone number: 

_______________________________________________________________________ 

Facsimile number: 

_______________________________________________________________________ 

Mobile phone number: 

_______________________________________________________________________ 

Email: 

_______________________________________________________________________ 

23


Schedules 





BILL OF QUANTITIES 

(Attached) 

ITB Case No.: _____________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: ________________________________________________________________ 

Note to bidders: Bidders shall submit within Returnable Bid Schedule 3 (or annexed to 

Returnable Bid Schedule 3 if files size is prohibitively large) a Bill of Quantities. Where an 

item is not priced and/or a rate is not provided in the Bill of Quantities such price and/or rate 

shall be deemed to be allocated within the total contract price. 

24


Schedules 





BIDDER PRELIMINARY PROGRAMME 

AND 

OUTLINE STATEMENT OF PROPOSED METHODS 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: ________________________________________________________________ 

Note to bidders: Bidders shall submit a preliminary programme and an outline statement of 

methods to ensure the good and timely implementation of the works. 

Bidders are required to make their own detailed assessment of the time, work methods and 

activities that shall be required for the successful and timely completion of the works, 

including obtaining all required authorizations from local authorities. 

If a bidder is selected as the preferred bidder, it shall be required to further develop and 

complete this programme in accordance with the Minor Works Contract. 

25


Schedules 





PROPOSED PROJECT TEAM 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: ________________________________________________________________ 

Note to bidders: Bidders shall set out below: 

1. the key personnel that the bidder proposes to assign to the execution of the works; 

2. the qualifications and relevant experience of each of the key personnel that the 

bidder proposes to assign to the execution of the works, including a CV/resume for 

each of the key personnel; 

3. the bidder’s representatives who are authorized to sign Contract. The bidder shall 

provide a copy of such authorization 

Key Personnel 

No. Position Description Name Years Exp 

1 [Insert Description] [Insert Name] [Insert No.] 








Contractor's Representative as per the Contract: 

No. Position Description Name Years Exp 

1 Contractors Representative [Insert Name] [Insert No.] 

26


Schedules 





INSURANCES 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: ________________________________________________________________ 

Note to bidders: Bidders are to provide details of insurance policies required under Schedule 

14 of the Contract. Bidders are advised that UNOPS may request copies of the insurance 

policies and any endorsements during the review of bids, including amounts of any 

deductibles and all exclusions. 

1. Construction All Risks Insurance/Third Party Liability Insurance 

Name of Insurer: 

Policy No.: 

Insured Amount: 

Renewal Date: 

Name of Broker: 

Contact details of Broker: 

2. Workers’ Compensation/Employer’s Liability Insurance 


Policy No.: 


Renewal Date: 



3. Contractor’s Plant and Equipment Insurance 


Policy No: 


Renewal Date: 



27


Schedules 





CAPACITY, EXPERIENCE, WORK IN HAND AND WORK COMPLETED 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: ________________________________________________________________ 

1. Similar Projects during the last [3] years 

[List names, locations and value] 

2. All current projects underway or committed to start 

[List names, locations and value] 

3. Assets 

A. The bidder shall demonstrate that it has the required tolls and equipment to 

undertake the Works; 

B. The bidder shall demonstrate and confirm in a separate letter that all required AC 

units and materials required to undertake the works are already in stock or will be 

available in week one from signing the Contract. 

28


Schedules 




UNOPS-JMPC 

P.O. Box 55157 

9, AL-ASMA’I Street, Shu’fat 


Dear Sir/Madam, 



DECLARATION 

Subject: Invitation to Bid for the Supply and Installation of Air Conditioning in 5 Public 

Prosecution district Offices in Tulkarem, Qalqilia, Nablus, Salfit and Dura, oPt. 

Case No. UNOPS/JMPC/00070639/ITB/2012/002 

I, [insert name and title], [insert title], do solemnly and sincerely declare that: 

1. I am duly authorised by [Insert name of bidder] (the Bidder) to make this declaration 

on its behalf. 

2. I make this declaration on behalf of the Bidder. 

3. Before the Bidder submitted its bid, neither the Bidder, nor any of its employees or 

agents, had knowledge of the bid price proposed by any other bidder who submitted, 

or of any person, company, other body corporate or firm that proposed to submit, a 

bid in response to this ITB. 

4. Before the closing date of this bid process, neither the Bidder, nor any of its 

employees or agents, disclosed the Bidder’s bid price to: 

(i) any other bidder who submitted a bid in response to this ITB; 

(ii) any person, company, other body corporate or firm proposing to submit a bid 

in response to this ITB. 

5. Neither the Bidder, nor any of its employees or agents, has provided information to: 

(i) any other bidder who has submitted a bid in response to this ITB; 

(ii) any person, company, other body corporate or firm proposing to submit a bid 

in response to this ITB; or 

(iii) any other person, company, body corporate or firm for the purpose of 

assisting in the preparation of a bid in response to this ITB. 

6. The Bidder is genuinely competing for the Contract. 

7. Neither the Bidder, nor any of its employees or agents, has entered into any contract, 

agreement, arrangement or understanding, other than as disclosed to UNOPS in the 

bid, that the successful bidder for the Contract shall pay any money to, or provide 

any other benefit or other financial advantage to, an industry association in respect of 

the Contract. 


agreement, arrangement or understanding that the successful bidder for the Contract 

shall pay any money to, or provide any other benefit or other financial advantage to, 

any other bidder who unsuccessfully tendered for the Contract. 

29


Schedules 




agreement, arrangement or understanding that bidders for the Contract would 

include an identical or similar condition or qualification in their bids. 

I acknowledge that this declaration is true and correct, and I make it in the belief that a 

person making a false declaration is liable to penalties. 

DECLARED at [insert place] on [insert date] before me: 

_______________________________________________________________________ 

Signature of authorised witness 

_______________________________________________________________________ 

Name of authorised witness 

(capital letters) 

_________________________________________________________________________ 

Address of authorised witness 

________________________________________________________________________ 

Witness’ Occupation 

_________________________________________________________________________ 

Signature of declarant 


30


Schedules 





CONFLICTS OF INTEREST 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ___________________________________________________________________ 

Signature: _______________________________________________________________ 

Note to Bidder: Bidder shall declare any actual or potential conflicts of interest which may 

arise with respect to the project as between: 

(i) UNOPS and the bidder; and 

(ii) UNOPS and any subcontractor (including consultants) proposed by the bidder 

31


Schedules 




RETURNABLE BID SCHEDULE10 

DISPUTE DETAILS 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: _________________________________________________________________ 

Note to Bidders: Bidder shall submit a statement below providing details of any current 

contract dispute and/or arbitral or legal proceeding involving the bidder. The statement shall 

include details of any dispute which has been, or is reasonably likely to be, referred to formal 

dispute proceedings (e.g. mediation or arbitration) or is the subject of litigation in any court 

locally or overseas. This information shall be provided regardless of whether such action 

has been instigated by the bidder against a client or a client of the bidder against the bidder. 

32


Schedules 





ADDENDA TO ITB 

ITB Case No.:______________________________________________________________ 

Name of bidder: ____________________________________________________________ 

Date: ____________________________________________________________________ 

Signature: _________________________________________________________________ 

We acknowledge receipt of the following Addenda, which have been taken into account in 

preparing the bid: 

Addendum Number Dated 

33


Schedules 




SECTION V: UNOPS MINOR WORKS CONTRACT 

[Insert UNOPS Minor Works Contract] 

34

REFURBISHMENT AND RETROFITTING OF A NEW OFFICE OF THE 

ATTORNEY GENERAL (OAG) 

Supply and Installation of Air Conditioning Units in 5 Public Prosecution District 

Offices 

(1) UNITED NATIONS OFFICE FOR PROJECT SERVICES (“UNOPS”) 

- and - 

(2) [insert the Contractor's name] 

Contract No.: UNOPS/JMPC/00070639/CON/2012/002 

June 2012 

Minor Works Contract

MINOR WORKS CONTRACT 

© UNOPS, 2011. All rights reserved. 

The Copyright owner of this work is UNOPS. 


This publication is exclusive for use as provided under the Licence Agreement between 

UNOPS and FIDIC, and, consequently, no part of this publication may be reproduced, 

translated, adapted, stored in a retrieval system or communicated, in any form or by any 

means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, 

without prior permission in writing from UNOPS. 

To request such permission, please contact: 

UNOPS Infrastructure Practice 

Copenhagen, Denmark 

FIDIC is not responsible for the accuracy or completeness of translations of this publication 

unless such translation explicitly indicates otherwise. 

© UNOPS 2011 i


CONTENTS 


INSTRUMENT OF AGREEMENT ......................................................................................... 3 

GENERAL CONDITIONS ..................................................................................................... 5 

1. GENERAL PROVISIONS .......................................................................................... 5 

2. EMPLOYER & EMPLOYER’S REPRESENTATIVES ............................................... 8 

3. THE CONTRACTOR & PERFORMANCE OF THE WORKS .................................... 9 

4. CONTRACT PRICE, PAYMENT & SECURITY ....................................................... 11 

5. VARIATIONS .......................................................................................................... 13 

6. INCREASE AND DECREASE OF COSTS ............................................................. 14 

7. COMPLETION ........................................................................................................ 14 

8. DELAY DAMAGES ................................................................................................. 14 

9. DEFECTS NOTIFICATION PERIOD ....................................................................... 15 

10. OWNERSHIP OF PAID MATERIAL AND WORK ................................................... 15 

11. COPYRIGHT, PATENT AND OTHER PROPRIETARY RIGHTS ............................ 15 

12. CONFIDENTIAL NATURE OF DOCUMENTS ........................................................ 15 

13. DAMAGE TO PERSONS AND PROPERTY ........................................................... 15 

14. INSURANCE ........................................................................................................... 16 

15. SOURCE OF INSTRUCTIONS................................................................................ 16 

16. OFFICIALS NOT TO BENEFIT ............................................................................... 16 

17. PREVENTION OF CORRUPTION .......................................................................... 17 

18. NAME, EMBLEM OR OFFICIAL SEAL OF UNOPS OR THE UNITED NATIONS .. 17 

19. FORCE MAJEURE ................................................................................................. 17 

20. RECORDS, ACCOUNTS, INFORMATION AND AUDIT ......................................... 17 

21. TAXATION .............................................................................................................. 18 

22. RIGHTS AND REMEDIES OF THE EMPLOYER .................................................... 18 

23. PRIVILEGES AND IMMUNITIES ............................................................................ 18 

24. FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK, CHILD LABOUR AND 

SEXUAL EXPLOITATION: ..................................................................................... 18 

25. SETTLEMENT OF DISPUTES ................................................................................ 19 

26. TERMINATION ....................................................................................................... 20 

PARTICULAR CONDITIONS ............................................................................................. 22 

SCHEDULES ...................................................................................................................... 23 

SCHEDULE 1 - SCHEDULE OF DETAILS 

SCHEDULE 2 - SCHEDULE OF WORKS 

SCHEDULE 3 - SCHEDULE OF SITE 

SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE & PAYMENT 

© UNOPS 2011 2


INSTRUMENT OF AGREEMENT 

THIS CONTRACT is made on the ______________ day of June 2012. 

BETWEEN 


(1) United Nations Office for Project Services (“UNOPS”), an organ of the United 

Nations, having its postal address at P.O. Box 55157, JMPC, 9, AL- Al-Asma'i 

Street, Shu’fat - East Jerusalem, Postal Code: 91192 ("Employer"); and 

(2) [insert name], a [insert type of company i.e. limited liability] company 

incorporated under the laws of [insert] and having its registered address at [insert 

address], [insert name of city and country] ("Contractor"). 

BACKGROUND 

A The Employer intends to undertake the Works. 

B The Contractor has represented to the Employer that it has the appropriate 

experience, expertise, licences and resources to undertake the Works and has 

agreed to undertake the Works in accordance with the Contract. 

C In reliance on the Contractor's representations the Employer has entered into the 

Contract. 

D The Contract sets out the terms and conditions upon which the Contractor will 

undertake the Works. 

THIS CONTRACT: 

1. The Employer agrees to pay the Contractor the Contract Price, at the times and in 

the manner prescribed by the Contract, in consideration for the Contractor executing 

and completing the Works and remedying all defects in accordance with the Contract 

and otherwise performing all of its obligations in accordance with the Contract. 

2. In the Contract words and expressions will have the same meanings as are 

respectively assigned to them in the General Conditions. 

3. The following documents, listed in the order of priority, are deemed to form and be 

read and construed as part of the Contract: 

3.1 this Instrument of Agreement; 

3.2 the Schedule of Details; 

3.3 the Particular Conditions (if any); 

3.4 the General Conditions; 

3.5 the Specification; 

3.6 the Drawings; and 

3.7 the remaining Schedules. 



SIGNING PAGE 


IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their 

respective duly authorised representatives as of the date first written above: 

SIGNED BY ____________________________________ 

Nicholas O’Regan 

Director 

UNOPS-Jerusalem Project Centre 

Duly authorised to sign this Contract for and on behalf of the Employer, UNOPS: 

In the presence of: 

Signature __________________________________ (witness) 

Address __________________________________ 

Occupation __________________________________ 

SIGNED BY ____________________________________ 

[insert name of authorised signatory of the Contractor] 

Duly authorised to sign this Contract for and on behalf of the Contractor, [insert]: 

In the presence of: 

Signature __________________________________(witness) 

Address __________________________________ 

Occupation __________________________________ 



General Conditions 

GENERAL CONDITIONS 

1. GENERAL PROVISIONS 

1.1 

Definitions 


In the Contract as defined below, the words and expressions defined have the 

following meanings assigned to them, except where the context requires otherwise: 

"Commencement Date" means the date stated in the Schedule of Details. 

"Contract" means the Instrument of Agreement, these General and Particular 

Conditions, the Schedules and the further documents (if any) which are listed in the 

Instrument of Agreement. 

“Contract Price” means the price specified in the Schedule of Details subject to any 

increases or decrease as may be made in accordance with this Contract. 

"Contractor" means the entity named as the "Contractor" in the Instrument of 

Agreement and the legal successors in title and assigns to this entity. 

"Contractor's Representative" means the person named as such in the Schedule 

of Details or appointed from time to time by the Contractor under Sub-Clause 3.2, 

who acts on behalf of the Contractor. 

"Country" means the country in which the Site is located. 

“Date of Substantial Completion” means the date when the Works have reached 

Substantial Completion as stated in the Taking-Over Certificate. 

"day" means a calendar day, unless provided otherwise. 

“Defects Notification Period” means the period for notifying defects in the Works 

as stated in the Schedule of Details calculated from the Date of Substantial 

Completion. 

"Drawings" means the drawings of the Works as listed in the Schedule of Works, 

and any additional or modified drawings issued by (or on behalf of) the Employer. 

"Employer" means the entity named as the "Employer" in the Instrument of 

Agreement, and the legal successors in title and assigns and novatees to this entity. 

"Employer's Representative" means the person named as such in the Schedule of 

Details or as otherwise notified by the Employer to the Contractor. 

"Force Majeure" means an event or circumstance which is beyond the control and 

without the fault or negligence of the Party affected and which by the exercise of 

reasonable diligence the Party affected was unable to prevent provided that event or 

circumstance is limited to the following: 





(a) war, (whether war be declared or not), invasion, act of foreign enemies within 

the Country; 

(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil 

war within the Country; 

(c) munitions of war, ionising radiation or contamination by radio-activity within 

the Country, except as may be attributable to the Contractor's use of such 

munitions, explosives, radiation or radio-activity; and 

(d) earthquake, hurricane, typhoon, tsunami or fire emanating from outside the 

Site within the Country that are outside the normal range for that place at that 

time of year, but excluding any other weather conditions regardless of the 

severity. 

"General Conditions" means these general conditions of Contract. 

"Instrument of Agreement" means the document signed by the Parties and forming 

part of the Contract. 

"Particular Conditions" means the particular conditions (if any) set out immediately 

before the Schedules to the Contract. 

"Party" means either the Employer or the Contractor. 

"Schedule of Contract Price & Payment" is Schedule 4. 

"Schedule of Details" is Schedule 1. 

"Schedule of Site" is Schedule 3. 

"Schedule of Works" is Schedule 2. 

"Schedules" means Schedules 1 to 4 to this Contract, including any further 

documents which are annexed or attached to, or incorporated by reference into 

Schedules 1 to 4. 

"Site" means the places provided by the Employer where the Works are to be 

executed and to which plant and materials are to be delivered as shown in the 

Schedule of Site. 

"Specification" means the requirements or documents as listed in the Schedule of 

Works, including Employer's requirements in respect of design to be carried out by 

the Contractor, if any, and any Variation to such document. 

“Substantial Completion” means that stage in the execution of the Works when 

the following has occurred: 

(a) the Works are performed and completed in accordance with this Contract 

except for minor defects which would not affect the performance or operation 

of the Works; 




1.2 

Interpretation 

1.3 


(b) all tests required by this Contract have been undertaken and successfully 

passed; 

(c) all documents, technical and other information, including plans, designs, 

drawings, as-built drawings, engineering information, data, specifications, 

reports and any other information required under this Contract have been 

supplied to the Employer’s Representative in accordance with this Contract or 

as directed by the Employer’s Representative from time to time; 

(d) all third party warranties and certificates and local authority approvals have 

been issued and provided to the Employer’s Representative; and 

(d) any other preconditions to Substantial Completion set out in the Schedule of 

Details have been met. 

“Taking-Over Certificate” means a certificate issued under Clause 7 certifying the 

Works have reached Substantial Completion and stating the Date of Substantial 

Completion. 

"Time for Completion" means the time for completing the Works as stated in the 

Schedule of Details (or as adjusted in accordance with the Contract), calculated from 

the Commencement Date. 

"Variation" means a change, alterations, addition or omission to the Works which is 

instructed by the Employer’s Representative under Clause 5. 

"Works" means all the work to be performed by the Contractor in accordance with 

this Contract as specified in the Schedule of Works, including temporary work and 

any Variation. 

Words importing persons or parties include firms and organisations. Words importing 

singular or one gender include plural or the other gender where the context requires. 

Priority of Documents 

1.4 

Language 

The documents forming the Contract are to be taken as mutually explanatory of one 

another. If an ambiguity or discrepancy is found in the documents, the Employer’s 

Representative will issue any necessary instructions to the Contractor, and the 

priority of the documents is in accordance with the order as listed in the Instrument of 

Agreement. 

The language for communications is English. 




1.5 

Communications 

1.6 


Any notice, approval, consent or other communication in relation to this Contract 

must be in writing, signed, dated and marked to the relevant representative of the 

Parties and delivered to the address for service of notices and communications set 

out in the Schedule of Details. 

Statutory Obligations 

1.7 

The Contractor must comply with the laws of the countries where activities are 

performed. The Contractor must give all notices and pay all fees and other charges in 

respect of the Works. 

Assignment of Contract 

The Contractor must not assign, transfer, pledge or make other disposition of this 

Contract or any part thereof or of any of the Contractor's rights, claims or obligations 

under this Contract. 

2. EMPLOYER & EMPLOYER’S REPRESENTATIVES 

2.1 

Employer’s Obligations 

2.2 

The Employer agrees to pay the Contractor the Contract Price for the Works in 

accordance with Clause 4. 

The Employer must provide the Contractor with possession of and access to the Site 

in accordance with the Schedule of Site. The Contractor acknowledges that it may 

not be given exclusive possession of, or exclusive access to, the Site. 

Employer’s Representative 

The Employer's Representative is authorised to carry out the duties assigned to it in 

the Contract. The Employer's Representative has no authority to amend the terms of 

the Contract unless an amendment is authorised and approved in writing by the 

Employer. The Employer’s Representative may instruct Variations in accordance with 

Clause 5. 





The Employer’s Representative may from time to time assign duties and delegate 

authority to an individual to carry out certain duties. The appointee may be notified by 

the Employer’s Representative to the Contractor from time to time. The Employer’s 

Representative must notify the Contractor of the delegated duties and authority of 

this Employer's Representative’s assistant. 

3. THE CONTRACTOR & PERFORMANCE OF THE WORKS 

3.1 

Contractor's General Obligations 

The Contractor must commence the Works on the Commencement Date and 

must complete the Works by the Time for Completion. Despite any other 

provision in this Contract, the Employer’s Representative may, in its absolute 

discretion and at any time, make an extension to the Time for Completion. 

The Contractor must perform the Works in accordance with the Contract in an 

efficient, professional and cost effective manner in accordance with all 

applicable statutes, ordinances, laws, regulations and standards and all 

guidelines, procedures and directions made by the Employer and its 

personnel under this Contract. 

The Contractor must provide, at its own cost, all equipment and materials 

necessary to undertake and complete the Works, unless otherwise specified 

in the Schedule of Works. 

When requested in writing by the Employer’s Representative, the Contractor 

must submit samples and/or or catalogues of materials to the Employer’s 

Representative for its consent within the time notified by the Employer’s 

Representative. 

The Contractor must ensure that it obtains all relevant authorisations, permits 

and licences to perform the Works, pay all fees and comply with any 

applicable occupational health and safety requirements including any set out 

in the Schedule of Works. 

The Contractor must, in accordance with the requirements and timing set out 

in the Schedule of Works, or as instructed by the Employer’s Representative, 

provide regular reports in relation to the Works and any occupational health 

and safety issues and any other documents requested. 

Within three days after the Commencement Date, the Contractor must submit a 

programme for the Works to the Employer’s Representative for approval which must 

comply with any requirements set out in the Schedule of Works. The programme will 

be used to monitor the progress of the Works under the Contract. The Employer’s 

Representative may request the Contractor so submit an amended programme at 

any time for approval. 




3.2 


The Contractor must undertake all tests in accordance with the requirements set out 

in the Schedule of Works and must provide the Employer’s Representative with 48 

hours prior written notice of the time and place for the specified testing of parts of the 

Works. 

Contractor’s Representative & Contractor’s Personnel 

3.3 

The Contractor’s Representative is named in the Schedule of Details. The Contractor 

must not replace the Contractor’s Representative without the prior written consent of 

the Employer’s Representative and must submit to the Employer’s Representative for 

approval the name and particulars of the person the Contractor proposes to replace 

the Contractor’s Representative. The Contractor is responsible for all acts and 

omissions of the Contractor’s Representative. 

The Contractor gives the Contractor's Representative all authority necessary to act 

on the Contractor's behalf under the Contract. 

The Contractor’s staff and labour must be appropriately qualified, skilled and 

experienced to perform their duties required in the performance of the Works. The 

Contractor assumes all liabilities or obligations imposed by any law or regulation with 

respect to such staff and labour. 

The Employer’s Representative may require the Contractor to remove any person 

employed to perform the Works who in the opinion of the Employer’s Representative 

persists in any misconduct or lack of care, carries out duties incompetently or 

negligently, fails to conform with any provisions of this Contract or persists in any 

conduct which is prejudicial to safety, health, or the protection of the environment. 

The Contractor must immediately appoint a suitable replacement person for each 

person so removed. 

Contractor’s Status 

3.4 

In all matters relating to this Contract, the Contractor is acting as an independent 

contractor and is not an employee or agent of the Employer and must not represent 

itself as such. 

Sub-contracting 

3.5 

In the event the Contractor requires the services of subcontractors, the Contractor 

must obtain the prior written approval of the Employer’s Representative for all such 

subcontractors. The approval of the Employer’s Representative does not relieve the 

Contractor of any of its obligations under this Contract, and the terms of any subcontract 

must be subject to and in conformity with the provisions of this Contract. 




Inspection of Site 

3.6 


The Contractor is deemed to have inspected and examined the Site, its 

surroundings, and access to the Site and to have satisfied itself that the Site and 

access to the Site, including security, is suitable for the Works and is deemed to have 

obtained all necessary information as to risks which may affect execution of the 

Works including climatic, hydrological and natural conditions and is not entitled to an 

increase to the Contract Price or to an extension to the Time for Completion based 

upon such conditions encountered during the execution of the Works that could have 

been reasonably foreseen by an experienced contractor acting in accordance with 

industry best practice. 

Care of Works & Security 

3.7 

The Contractor must provide and maintain at its own cost all lights, guards and 

security necessary for the protection of the Works, the Contractor’s personnel and 

the Employer’s personnel, including materials and equipment, as well as for the 

safety of the public. The Contractor must comply with any additional security 

requirements set out in the Schedule of Site. In the event that any damage or loss 

should happen to the Works before hand-over, the Contractor must at its own cost 

repair the Works. 

Unless otherwise stated in the Schedule of Works or instructed or permitted by the 

Employer in writing, the Contractor shall not bring onto or store on the Site, give, 

barter or otherwise dispose of to any person or persons, any arms, ammunition or 

explosives of any kind or permit or suffer the same. 

Unexploded Ordinances 

If at any time during the carrying out of the Works the Contractor discovers an 

unexploded ordinance or land mine, the Contractor must immediately stop work, 

notify the Employer’s Representative, take all necessary steps to ensure the safety of 

all persons and property and secure the Site. The Contractor must immediately 

resume the Works when instructed by the Employer’s Representative that is it safe to 

do so. 

4. CONTRACT PRICE, PAYMENT & SECURITY 

4.1 

Contract Price & Valuation of the Works 

The Employer must pay the Contractor the Contract Price in accordance with 

this Clause 4 and the Schedule of Contract Price & Payment. The Contractor 

is deemed to have satisfied itself as to the correctness and sufficiency of the 

Contract Price and all fixed unit rates and prices in the Contract. 




4.2 

Invoicing 

4.3 

Payment 

4.4 


The Contractor must submit an invoice to the Employer’s Representative in 

accordance with the timings and requirements set out in the Schedule of Contract 

Price & Payment in a form approved by the Employer’s Representative. The invoice 

must include details of the value of the work performed by the Contractor. 

If requested by the Employer’s Representative, when submitting an invoice, the 

Contractor must provide documentary evidence of all payments made to all its staff, 

labour and any subcontractors. The parties agree that if the Employer’s 

Representative becomes aware that the Contractor has failed to pay its staff, labour 

or any subcontractors in accordance with this Contract, and the Employer’s 

Representative gives the Contractor written notice 48 hours before the Employer 

intends to pay, the Employer may, in its absolute discretion, pay those staff, labour or 

subcontractors the amount the Employer’s Representative determines is, or may be 

owing and the Employer may recover any such amount paid as a debt due from the 

Contractor to the Employer. 

The Employer may make an advance payment, if any, as a loan for mobilisation 

which must be repaid by the Contractor through percentage deductions, determined 

by the Employer’s Representative, in the payments made under this Clause until the 

advance payment has been repaid. An advance payment will only be made if an 

amount is stated in the Schedule of Details for that amount. If requested, the 

Contractor must provide an advance payment guarantee from a bank approved by 

the Employer and in a form provided by or otherwise approved by the Employer. 

Subject to the Contractor’s compliance with clause 4.2, the Employer will pay the 

Contractor the amount set out in the invoice submitted under Sub-Clause 4.2 within 

30 days of receipt of the invoice, less any amount to be deducted for advance 

payment and/or retention or where the Employer exercises its right to withhold, retain 

or set off part of the Contract Price under Sub-Clause 4.5. 

Payment must be in the currency stated in the Schedule of Details. 

No interest will be payable by the Employer in respect of any invoice rendered to the 

Employer by the Contractor under Sub-Clause 4.2 which remains due and unpaid 

(including any amounts withheld as a result of a dispute). 

Bank Guarantee for Performance 

If stated in the Schedule of Details, the Contractor must provide an 

irrevocable and unconditional, on-demand bank guarantee for performance 

for such amount and in a form provided by or otherwise acceptable to the 

Employer. The bank guarantee for performance must be valid until the 




4.5 


Taking-Over Certificate is issued under Clause 7 at which time it will reduce 

by half and must remain valid until the end of the Defects Notification Period. 

If a bank guarantee for performance is required to be submitted under this 

Clause, the Employer may withhold payments under the Contract until it 

receives such bank guarantee for performance. 

Retention & Set-Off 

The Employer may withhold, retain or set off from any payment due to the 

Contractor under this Contract amounts to protect it against any costs, 

charges, expenses and damages for which the Contractor is liable to the 

Employer under or in connection with this Contract. Notwithstanding this, if 

an amount for retention is stated in the Schedule of Details, this amount will 

be deducted from each payment made under Sub-Clause 4.3 and must be 

reimbursed to the Contractor in accordance with the times stated in the 

Schedule of Details. This right to withhold, retain or set off does not limit the 

Employer’s right to recover those amounts in any other way. 

5. VARIATIONS 

The Employer’s Representative may, by written notice, instruct the Contractor at any 

time to carry out a Variation and the Contractor must carry out and be bound by any 

such Variation. Unless otherwise instructed by the Employer’s Representative in this 

notice, the Contractor must provide a detailed breakdown of the increase or decrease 

in the Contract Price and any effect on the Time for Completion within 7 days of 

receipt of this notice, and before the Contractor carries out the Variation. Where the 

Variation results in an increase to the Contract Price or extension to the Time for 

Completion, as determined by the Employer’s Representative, the Contractor will be 

entitled to such amount and/or extension. The rate or price for any Variation must be 

determined by agreement, or in the absence of agreement, a valuation will be made 

by the Employer’s Representative based on the rates in the bill of quantities 

contained in the Schedule of Contract Price & Payment. If no applicable rates or 

prices are stated in the bill of quantities, the rates and prices in the schedule of rates 

for Variations contained in the Schedule of Contract Price & Payment will be applied. 

If no applicable rates or prices are stated in the Schedule of Contract Price & 

Payment, a fair and reasonable valuation will be made by the Employer’s 

Representative. For the avoidance of doubt the Contractor’s entitlement to payment 

for a Variation excludes non-project specific overheads and costs. The Contractor 

must not carry out a Variation unless authorised by the Employer’s Representative in 

writing. 




6. INCREASE AND DECREASE OF COSTS 


No adjustment of the Contract Price will be made in respect of fluctuations of market, 

prices of labour, materials, plant or equipment, neither due to fluctuation in interest 

rates nor devaluation or any other matters affecting the Works. 

7. COMPLETION 

As soon as the Works have, in the Contractor’s opinion, reached Substantial 

Completion, the Contractor must give a notice to the Employer’s Representative. 

Within 10 days the Employer’s Representative must issue a Taking-Over Certificate 

to the Contractor stating the Date of Substantial Completion or notify the Contractor 

that there are defects or deficiencies in the Works and the Contractor must correct 

these. This procedure will be repeated until the Employer’s Representative issues a 

Taking-Over Certificate. 

Subject to the remainder of this Clause, the Contractor is entitled to an extension to 

the Time for Completion if it is delayed by; 

a) a Force Majeure Event; or 

b) any delay or disruption caused by any Variation, except where that Variation 

is caused by the Contractor’s failure, act, omission or breach; or 

c) an act, omission or breach by the Employer or its agents. 

The Contractor must notify the Employer’s Representative as soon as practicable 

and in any case in writing no later than 7 days after it becomes aware of any event or 

circumstance which may delay or disrupt the Works. This notice must include details 

of the event or circumstance. 

As soon as practicable after the Contractor submits this notice, the Employer’s 

Representative will notify the Contractor of the period, if any, by which the Time for 

Completion will be extended, or respond with comments and request further 

particulars. 

8. DELAY DAMAGES 

If the Contractor fails to achieve Substantial Completion within the Time for 

Completion the Contractor must pay the Employer delay damages in the amount 

stated in the Schedule of Details for each calendar day of delay between the Time for 

Completion and the Date of Substantial Completion. The Employer is entitled to 

deduct any delay damages from the Contractor’s outstanding invoices. 

If the cumulative amount of delay damages reaches the amount stated in the 

Schedule of Details, the Employer may, at any time, terminate the Contract in 

accordance with Clause 26. 




9. DEFECTS NOTIFICATION PERIOD 


The Contractor must, at its own cost, repair, replace or otherwise make good any 

defects in the Works notified by the Employer’s Representative during the Defects 

Notification Period. Any such defects must be remedied by the Contractor without 

delay and in the time notified by the Employer’s Representative. If the Contractor fails 

to rectify the defect within this time, the Employer may engage another party to do so 

at the Contractor’s risk and cost. 

10. OWNERSHIP OF PAID MATERIAL AND WORK 

All material and work covered by payments made by the Employer to the Contractor 

become the sole property of the Employer, but this provision does not relieve the 

Contractor from the sole responsibility for all material and work upon which payments 

have been made or the restoration of any damaged work or as waiving the right of 

the Employer to require the fulfilment of all of the terms of the Contract. 

11. COPYRIGHT, PATENT AND OTHER PROPRIETARY RIGHTS 

The Contractor must defend, indemnify and hold harmless the Employer from and 

against all claims and proceedings for infringement of any copyright, patent rights, 

design trademark or name or other protected rights resulting from Contractor’s 

performance. The Contractor is responsible for all legal costs associated with the 

defence of the Employer. In defending the Employer, the Contractor shall not enter 

into a settlement agreement without the prior written approval of the Employer. 

12. CONFIDENTIAL NATURE OF DOCUMENTS 

All maps, drawings, plans, reports, documents and all other data created by or 

received by the Contractor under the Contract are the property of the Employer, and 

must be treated as confidential and must be delivered to the Employer’s 

Representative on completion of the Works. 

13. DAMAGE TO PERSONS AND PROPERTY 

The Contractor must defend, indemnify and hold harmless the Employer, its officers, 

agents, employees and servants from and against all suits, claims, demands, 

proceedings, and liability of any nature or kind, including costs and expenses, for 

injuries or damages to any person or any property whatsoever which may arise out of 

or in consequence of acts or omissions of the Contractor or its agents, employees, 

servants or subcontractors in the execution of this Contract. The Contractor is 





responsible for all legal costs associated with the defence of the Employer. In 

defending the Employer, the Contractor shall not enter into a settlement agreement 

without the prior written approval of the Employer. 

14. INSURANCE 

The Contractor must, on or prior to the Commencement Date, effect and thereafter 

maintain at all times, in the joint names of the Parties, those insurances, if any, as set 

out in the Schedule of Works. 

All insurances must conform with any requirements detailed in the Schedule of 

Works. The policies must be issued by insurers and in terms approved by the 

Employer. The Contractor must provide the Employer with evidence that any required 

policy in connection with the Contract is in force and that the premiums have been 

paid. 

All payments received from insurers relating to loss or damage to the Works must be 

held jointly by the Parties and used for the repair of the loss or damage or as 

compensation for loss or damage that is not to be repaired. 

If the Contractor is required to effect insurance under this Clause and fails to do so or 

keep in force any of the insurances referred to, or fails to provide satisfactory 

evidence, policies or receipts, the Employer may, without prejudice to any other right 

or remedy, effect insurance for the cover relevant to such default and pay the 

premiums due and recover the same as a deduction from any other monies due to 

the Contractor. 

15. SOURCE OF INSTRUCTIONS 

The Contractor must not seek nor accept instructions from any authority external to 

the Employer or its authorised representatives under Sub-Clause 2.2, without the 

approval of the Employer’s representative, in connection with the carrying out of the 

Works under this Contract. 

16. OFFICIALS NOT TO BENEFIT 

The Contractor warrants that no direct or indirect benefit has been given or will be 

given to any United Nations official in connection with this or any other Contract or 

the award thereof. The breach of this provision entitles the Employer to terminate the 

Contract immediately by written notice. 




17. PREVENTION OF CORRUPTION 


The Employer is entitled to terminate the Contract immediately by written notice and 

to recover from the Contractor the amount of any loss resulting from such termination 

if the Contractor, its personnel or anyone acting on its behalf, has offered or given 

any person any gift or consideration of any kind as an inducement or reward for 

doing or intending to do any action in relation to the award or execution of the 

Contract or any other contract with the Employer or for showing or intending to show 

favour or disfavour to any person in relation to the Contract or any other contract with 

the Employer, whether with or without the Contractor’s knowledge. 

18. NAME, EMBLEM OR OFFICIAL SEAL OF UNOPS OR THE 

UNITED NATIONS 

The Contractor must not advertise or otherwise make public the fact that it is carrying 

out, or has carried out the Works for the Employer or use the name, emblem or 

official seal of the Employer or the United Nations or any abbreviation of the 

Employer’s name or the United Nations for advertising purposes or any other 

purposes. 

19. FORCE MAJEURE 

If the Contractor is rendered unable, wholly or in part, to perform its obligations under 

this Contract due to a Force Majeure event, it must give notice and full particulars in 

writing to the Employer’s Representative as soon as possible but no later than seven 

(7) days after the Contractor first became aware of the event. Subject to acceptance 

by the Employer of the existence of such Force Majeure event, the carrying out of the 

Works, or part of the Works, may be suspended by the Employer’s Representative 

or, where Force Majeure circumstances otherwise frustrate the purpose of this 

Contract, either in time or purpose, the Employer may terminate this Contract by 

giving 14 days written notice to the Contractor. 

The Contractor acknowledges and agrees that, with respect to any of its obligations 

under the Contract, the Contractor will be performing such obligations in areas in 

which the United Nations, including the Employer, is engaged in, preparing to engage 

in, or disengaging from peacekeeping, humanitarian or similar operations and any 

delays or failure to perform such obligations arising from or relating to harsh 

conditions within such areas, shall not, in and to itself, constitute a Force Majeure 

event. 

20. RECORDS, ACCOUNTS, INFORMATION AND AUDIT 

The Contractor must maintain accurate and systematic records and accounts in 

respect of the Works and must furnish to the Employer any records or information, 





oral or written, which may be reasonably request in respect of the Works or the 

Contractor's performance. The Contractor must allow the Employer or its authorised 

agents to inspect and audit such records or information upon reasonable notice. The 

Contractor must keep the records and accounts for a minimum of 5 years after the 

completion, expiry or termination of the Contract. 

21. TAXATION 

The Contractor is responsible for the payment of all charges and taxes in respect of 

income including value added tax, all in accordance with and subject to the 

provisions of the income tax laws and regulations in force and all amendments. It is 

the Contractor's responsibility to make all the necessary inquiries in this respect and 

is deemed to have satisfied itself regarding the application of all relevant tax laws. 

22. RIGHTS AND REMEDIES OF THE EMPLOYER 

Nothing in or relating to this Contract constitutes a waiver of any other rights or 

remedies of the Employer. The Employer is not liable for any consequences of, or 

claim based upon, any act or omission on the part of the Government of the Country. 

23. PRIVILEGES AND IMMUNITIES 

Nothing in or relating to this Contract is deemed a waiver of any of the privileges and 

immunities of the United Nations of which the Employer is an integral part. 

24. FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK, CHILD 

LABOUR AND SEXUAL EXPLOITATION: 

The Contractor warrants that it will comply with, and ensure the Contractor’s 

Personnel will comply with, the 1998 International Labour Organization (ILO) 

Declaration on Fundamental Principles and Rights at Work. 

The Contractor represents and warrants that neither it, its parent entities (if any), nor 

any of the Contractor’s subsidiary or affiliated entities (if any) 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 must be 

protected from performing any work that is likely to be hazardous or to interfere with 

the child’s education, or to be harmful to the child’s health or physical, mental, 

spiritual, moral, or social development. 

The Contractor must take all appropriate measures to prevent sexual exploitation or 

abuse of anyone by the Contractor’s personnel. For these purposes, sexual 





exploitation and abuse includes sexual activity with any person less than eighteen 

years of age, regardless of any laws relating to consent, unless such sexual activity 

is consensual between two persons who are married and such marriage is 

recognized as valid under the laws of the country of citizenship of such Contractor’s 

personnel. 

In addition, the Contractor must refrain from, and must take all reasonable and 

appropriate measures to prohibit its employees or other persons engaged and 

controlled by it from exchanging any money, goods, services, or other things of 

value, for sexual favours or activities, or from engaging any sexual activities that are 

exploitive or degrading to any person. 

25. SETTLEMENT OF DISPUTES 

25.1 

Dispute Resolution Procedure 

25.2 

Conciliation 

Any dispute arising out of or in connection with the Contract, including any valuation 

or other decision of the Employer (“Dispute”), unless settled amicably by the Parties’ 

Representatives, must be referred, at the request of either Party, to the Senior 

Representatives of the Parties set out in the Schedule of Details, or any replacement 

notified by a Party to the other Party in writing. 

If the Senior Representatives of the Parties are unable to resolve a Dispute referred 

to them within 28 days, either Party may invite the other Party to conciliate the 

Dispute in accordance with the provisions of Sub-Clause 25.2. Otherwise, the 

Dispute must be referred, if requested by either Party, directly to arbitration in 

accordance with the provisions of Sub-Clause 25.3. 

(a) In accordance with Sub-Clause 25.1, either Party may invite the other Party 

to conciliate a Dispute under the UNCITRAL Permanent Court of Arbitration 

Optional Conciliation Rules, 1996 (the “Conciliation Rules”) provided that; 

i. the language of the conciliation shall be in English; 

ii. one conciliator must be appointed by agreement between the Parties; 

iii. if the Parties are unable to appoint a conciliator within 14 days after 

the matter has been referred to conciliation, the conciliator will be 

appointed by the Secretary-General of the Permanent Court of 

Arbitration in accordance with the Conciliation Rules. 




25.3 

Arbitration 

25.4 


If the Parties do not reach agreement under the Conciliation Rules, the 

Dispute must be referred, if requested by either Party, to arbitration in 

accordance with Sub-Clause 25.3. 

If a Party are unable to resolve the Dispute in accordance with Sub-Clause 25.1 or 

25.2, the Dispute must be referred, if requested by either Party, to and finally 

resolved by arbitration in accordance with the UNCITRAL Arbitration Rules 

("Arbitration Rules") then in effect, provided that: 

(a) there is no seat or place of arbitration. The place of hearing must be the place 

stated in the Schedule of Details; 

(b) the language of the arbitration must be English; 

(c) the decisions of the arbitral tribunal must be based on general principles of 

international commercial law. The arbitral tribunal must not award punitive 

damages. In addition, the arbitral tribunal must not award interest in excess of 

the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such 

interest must be simple interest only. 

The Parties will be bound by any arbitration award rendered as a result of such 

arbitration as the final adjudication of any such dispute, controversy, or claim. 

The arbitral proceedings and any information and documents relating to these 

proceedings must be regarded as confidential. 

Dispute resolution not to delay execution of the Works 

Despite any activation of the dispute resolution procedures under this Clause 25, the 

Contractor must continue to execute the Works and its other obligations under or in 

connection with the Contract. 

26. TERMINATION 

The Employer may terminate this Contract by written notice for a breach by the 

Contractor of any of its obligations under this Contract if, within 14 days written notice 

by the Employer’s Representative identifying the breach, the Contractor has not 

rectified such breach. If the Contract is terminated by the Employer due to a breach 

by the Contractor then the Employer is not obliged to pay any outstanding amounts 

until such time that the Employer has completed the Works and recovered its costs 

from the Contractor in doing so. After recovering any such costs, the Employer must 

pay any balance to the Contractor. 





The Employer may terminate this Contract for convenience in the interest of the 

Employer by giving fourteen (14) days written notice to the Contractor. If the 

Employer terminates the Contract for its convenience or due to a Force Majeure 

event in accordance with Clause 19, the Contractor is entitled to be paid for the part 

of the Works satisfactorily completed, the materials and equipment properly delivered 

to and stored on the Site as of the date of termination for incorporation into the Works 

and any reasonable substantiated direct costs incurred by the Contractor as a result 

of the termination, but is not entitled to receive any other or further payment or 

damages. The Employer’s Representative will make such determinations. 

After a notice of termination under this Clause has taken effect, the Contractor must 

promptly cease all further work (except to the extent specified in the notice from the 

Employer) and take such action as necessary or as directed by the Employer, for the 

transfer, protection and preservation of the Employer’s property, protection of life or 

for the safety of the Works. The Contractor must remove from the Site any wreckage, 

rubbish and debris of any kind and leave the whole of the Site in a clean and safe 

condition. 



Additional Clauses 

PARTICULAR CONDITIONS 


The General Conditions are amended by the inclusion of the following additional conditions: 

If nothing is stated, then no additional conditions apply. 

Clause Additional General Condition 



Commencement Date 

(Sub-Clause 1.1) 

Contract Price 


Contractor’s Representative 


Defects Notification Period 

(Sub-Clause 1.1 & Clause 9) 

Employer’s Representative (Sub- 

Clause 1.1) 

Substantial Completion 


Time for Completion 


SCHEDULES 

SCHEDULE 1 - SCHEDULE OF DETAILS 

Mid June 2012 


The final Contract Price will be determined in 

accordance with the Schedule of Contract Price & 

Payment 

See the Schedule of Contract Price & Payment for a 

breakdown of the Contract Price 

[name, position title and contact details to be 

inserted ] 

12 months 

Project Manager: Maria Wowro 

UNOPS Jerusalem Projects Centre (JMPC) 

9 Al-Asma'i Street, Shu’fat 

P.O. Box 55157- Jerusalem 

Email: MariaW@unops.org 

If none stated, then no additional grounds. 

Whole of the Works 

Seven (7) calendar Weeks from the date of 

Commencement of Work. 



Address for Service of Notices 

and Communications 


Advance Payment 


Currencies of payment 


Bank Guarantee for Performance 



Employer 

Attention: Mr. Nicholas O’Regan 

Position title: Office Director 

Address: UNOPS - Jerusalem Projects Centre (JMPC), 

9 Al-Asma'i Street, Shu’fat, 


Fax: +972 2 268 1586 

Email Address: SamiraB@unops.org 

Contractor 

Attention: [to be inserted ] 

Position title: [to be inserted ] 

Address: [to be inserted ] 

Facsimile Number: [to be inserted ] 

Email Address: [to be inserted ] 

No advance payment will be made. 

Payments will be made in local currency. 

The Contractor is required to submit a bank guarantee 

for performance. 

The amount of the Bank Guarantee to be provided under 

Sub-Sub-Clause 4.3 is the amount equal to 10 % of the 

Contract Price. 

Retention (Sub-Clause 4.5) Amount of Retention 

Delay Damages 

(Sub-Clause 8) 

The amount of 10% of the estimated value of Works 

executed in the relevant payment period as set out in the 

invoice for that period will be retained from each and 

every payment (except for any advance payment made), 

up to a maximum of 10% of the Contract Price. 

Release of Retention Money 

The Employer will release half of the retention money 

after issuance of the Taking-Over Certificate and the 

remainder at the end of the Defects Notification Period 

Whole of the Works 

0.3% of Contract Amount per day. 



Cumulative Amount of Delay 

Damages (Clause 8) 

Senior Representatives 


Arbitration 


10% of the Accepted Contract Amount 

Employer 


Mr. Nicholas O’Regan, Office Director 

UNOPS Jerusalem Projects Centre (JMPC) 

9 Al-Aasmaee Street, Shu’fat 


Fax: +972 2 268 1586 

Contractor 

[insert name, position title and contact details] 

In accordance with the UNCITRAL Rules of Arbitration: 

The hearing (if any) shall be held at a location to be 

determined by the Parties at a subsequent date. 



SCHEDULE 2 - SCHEDULE OF WORKS 


Supply and Installation of Air Conditioning Units in 5 Public Prosecution District 

Offices 

The United Nations Office for Project Services (UNOPS) has been engaged by the 

Government of Canada - Canadian International Development Agency (CIDA) to enhance 

the operational effectiveness and the management and organizational capacity of the 

Palestinian Authority Office of the Attorney General (OAG) and the Public Prosecution 

Service in the West Bank, while building a sustainable foundation for the development of 

those institutions and the Palestinian justice sector more generally through the Prosecution 

Refurbishment and Procurement Initiative (PRPI). 

This Invitation to Bid relates to the supply and installation of air conditioning units for the 

regional offices of the public prosecution offices in five locations, which are as follows: 

1- Tulkarem Public Prosecution Office; 

2- Qalqilia Public Prosecution Office; 

3- Nablus Public Prosecution Office; 

4- Salfit Public Prosecution Office; 

5- Dura Public Prosecution Office; 

Work Package 

The Works under this Contract shall require the furnishing of all Plant, Equipment, Materials, 

labor, Goods and facilities to ensure the satisfactory performance of the Works. The works 

should commence in the sequence shown above, without any delay between each site, 

The Works will involve the Supply and Installation of air conditioning units for the public 

prosecution offices in five locations and all relevant works involved as per the Drawings 

and BoQ (attached), including the associated civil works and concluding activity including the 

commissioning to make the Works ready for use and legal occupancy; taking into 

consideration that those location are currently occupied by the Public Prosecution Team. 

All materials and shop drawings approval should be done in the first week after commencing 

the works. 

The Works are to be completed in strict compliance with the plans, Specifications and 

other related documents as specified below and in the accompanying Schedules 

The principle activities involved in carrying out the Works contains, but is not limited to the 

following items: 

a- Installing split type air conditioning units. 

b- Installing semi central air conditioning units. 

c- Installing false ceiling and gypsum boards where required. 

d- Modifications for windows fencing where required. 

e- Installing condensate drain networks for the air conditioning units where mentioned on 

drawings. 

f- Installing ventilation fans. 




g- Installing electrical wiring and distribution panels for the air conditioning & ventilation 

units. 

h- Electrical modifications for main supplies where mentioned on drawings. 

i- All repairs required due to installing the new AC system. 

j- Commissioning and handing over complete and operational systems. 

A total of Seven weeks is envisaged from commencement to completion and handover of 

the Contract Works to UNOPS. 

This schedule of Works is not meant to be a conclusive instruction, but merely a guide for 

the items of work contained within this tender package. Further details the works can be 

found within the associated Drawings, BoQ, Specifications contained within the Contract 

Annexes. 

Milestone Dates 

The Contractor must complete the following Milestones by the corresponding Milestone 

Dates: 

No. Milestone Milestone Date 

1 Shop Drawings and Materials Submittal for UNOPS approval 10 Calendar days 

2 Tulkarem Public Prosecution Office Week 2 

3 Qalqilia Public Prosecution Office Week 3 

4 Nablus Public Prosecution Office Week 4 

5 Salfit Public Prosecution Office Week 5 

6 Dura Public Prosecution Office Week 6 

7 Handover and Commissioning Week 7 

The Contractor must perform all Works in accordance with the following General and 

Particular Specifications/documentation: 

Annex I - Technical Specifications (Civil, Mechanical and Electrical Works), 

Annex II - Drawings (Architectural, Mechanical and Electrical), 

Annex III - Bill of Quantity (BoQ) 

Annex IV - Health and Safety Requirements 



A- Contract Programme Requirements 


The Contract Programme must be in such form and detail as the Employer’s Representative 

requires and shall contain as a minimum: 

(a) the order in which the Contractor proposes to carry out the Works; 

(b) the time limits within which submission of any Contractor’s Documents are required 

under the Contract; and 

The Contract Programme must be prepared in sufficient detail to ensure the adequate 

planning, execution and monitoring of the Works. The networked activities must be detailed 

enough to provide a meaningful measurement tool for progress of works. 

The Contract Programme must be accompanied by and/or detail: 

(a) a general description of the arrangements and methods which the Contractor proposes 

to adopt for carrying out the Works; 

(b) the critical path for the Works and a complete critical path analysis for the execution of 

the Works which must show clearly the links between activities and the float times 

available within the Contract Programme and the earliest start/earliest finish and latest 

start/latest finish times for each and every activity; 

(c) Details, and durations on Site, of the resources proposed to achieve the Contract 

Programme; 

(d) A schedule of all submittals and material procurement activities, including time for 

submittals, re-submittals and reviews and time for any fabrication and delivery of 

manufactured products and samples. The interdependence of design, procurement 

and construction activities must be included in this schedule. 

B- Insurance 

The Contractor must on or prior to commencement date and in accordance with Sub- 

Clause 14 of the Contract, provide the required insurance Policy. 

Scope of cover 

For loss and damage to the Works, materials, plant and the contractor's equipment, 

for liability of both Parties for loss, damage, death or injury to third parties or their 

property arising out of the Contractor's performance of the Contract, including the 

Contractor's liability for damage to the Employer's property other than the Works, or 

for liability of both Parties and of any Employer's personnel for death or injury to the 

Contractor's personnel except to the extent that liability arises from the negligence of 

the Employer, any Employer's representative or their employees. (see Clause 14). 

In General, the Contractor must meet its obligations specified under Sub clause 3.1 



1. Description of the Site 

SCHEDULE 3 - SCHEDULE OF SITE 


The five public prosecution offices are geographically scattered in five different 

locations as follows: 

1- Tulkarem Public Prosecution Office: 

This office is located on a main street, at the first floor of a commercial two story 

building. 

2- Qalqilia Public Prosecution Office: 

This office is located on a main street, at the first floor of a commercial three story 

building. 

3- Nablus Public Prosecution Office: 

This office is located on a main street, at the first floor of a commercial four story 

building. 

4- Salfit Public Prosecution Office: 

This office is located on a main street, at the Ground & First Floor of a two story 

building (The Ground floor is used as Detention Cells, Security and Investigation 

Rooms; the first floor is used as offices). 

5- Dura Public Prosecution Office: 

The office is located on a main street, in the first floor of a commercial five story 

building (Four above Main Street Level “Above Ground”, and One under Street 

Level “Underground- Basement”). 

The purpose of this proposed contract is to perform Construction and Refurbishment 

works at the 5 public prosecution offices; which are currently operational and 

occupied by the Public Prosecution Team, thus, it’s vital to ensure that both safety 

requirements and security measures to be taken while implementing the works 

2. Access and Access Restriction to the Site 

Contractors’ access to the site will be coordinated in advance with the Public 

Prosecution’s Representative for each location separately. The duration of work is 8 

hours per day, 6 working days per week, Saturday thru Thursday. Access to the site 

shall be restricted on Fridays, National holidays and official UN holidays. 

3. Site Arrangements for the Employer to be provided by the Contractor 

NOT REQUIRED 

4. Site Security 

Security of the Site is the full responsibility of the Contractor.. 




SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE & PAYMENT 

1. Contract Price 

The Works shall be measured and valued for payment and the final Contract 

Price will be determined on the basis of the actual quantities of work and 

materials utilised in the complete and satisfactory performance of the Works as 

certified by the Employer’s Representative at the appropriate rate or price 

specified in the Bill of Quantities. 

2. Bill of Quantities 

A detailed breakdown of the Contract Price is set out in the "Bill of Quantities" in 

Schedule 4 – Annex III. 

The quantities, rates and prices in the Bill of Quantities may also be used when 

determining the value of Variations, only to the extent that the description and 

scope of such rates and prices are directly comparable to the scope of the 

Variation, and there are no existing comparable rates or prices in the Schedule of 

Rates for Variations. 

Where a price or rate for an item listed in the Bill of Quantities is not priced, such 

price or rate is deemed be included in other rates or prices contained in the Bill of 

Quantities. 

3. Schedule of Rates for Variations 

The rates for the purposes of valuing Variations are set out below. 

1. “The Contract Price will be adjusted for rises and falls in the cost of 

labour, Goods and other inputs to the Works as follows: 

The amount that the Contractor considers due for work performed in each 

calendar month specified in each invoice submitted by the Contractor shall be 

subject to adjustment as follows: 

(a) UNOPS and the Contractor agree that the following index in the same 

currency as the currency of this Contract (hereinafter referred to as “Index”) shall 

be used when calculating the adjustments under this paragraph 4.1: the price 

index issued by the Palestinian Central Bureau of Statistics (“PSCBS”) for Inputs 

in Construction Projects. In calculating the adjustment under this paragraph 4.1, 

no index except for the aforementioned Index may be used. Should the Index 

cease publishing reference values for a calendar month or months or be 

otherwise unavailable, no adjustments shall be made for invoices submitted for 

that month or months, and no retroactive adjustments shall be made should the 

Index for that month or months become available after the submission by the 

Contractor of the relevant invoice(s). No adjustments whatsoever will be 

considered after the issuance of the Certificate of Final Completion by the 

Engineer. 

(b) Adjustments shall be calculated using the following formula: 



TAA = TA + AA 

AA = TA * (X % + Y %) / 100 

Where: 


(i) “TAA” is the total adjusted amount that the Contractor considers due for work 

performed in a calendar month in accordance with the Bill of Quantities 

(ii) “TA” is the total amount the Contractor considers due for work performed in a 

calendar month in accordance with the Bill of Quantities; 

(iii) “AA” is the amount of the adjustment; 

(iv) “X%” is the sum of Index percentage changes published by the Index 

for the preceding calendar months, beginning with the month of expiration of bid 

prices specified in the ITB and ending with the calendar month for which the 

invoice is submitted; and 

(v) “Y%” is either equal to 3% if X is a negative value; or equal to (-3%) if X is a 

positive value. 

(c) Notwithstanding anything to the contrary in (b) above, 

If (-3%) < X% < 3%, then X% + Y% = 0 

Where the definitions are as in sub-paragraphs (b) (iv) and (v) above. 

(d) It shall be the responsibility of the Contractor to submit to the Engineer the 

calculations in accordance with the formula above with each invoice submitted by 

the Contractor for works performed in a calendar month. The Engineer has full 

authority to revise said calculation in the event of arithmetical errors, incorrect use 

of the Index, or if the calculation is otherwise not in accordance with this Contract. 

Invoicing & Payment (see Sub-Clause 4.1) 

Monthly Interim Payments 

On the 15 th day of each month (or as otherwise agreed by parties) the Contractor must 

submit an Application for Interim Payment in accordance with Sub-Clause 4.1. 


PO Box 2695 

2100 Copenhagen 

Denmark 

www.unops.org 

Tel: +45 3546 7500 

Fax: +45 3546 7501 

E-mail: info@unops.org

Invitation to Bid - UNOPS

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