(Informal bidding process) - unesco.org€¦ · After the conclusion of each set of capacity building activities, the expert(s) will debrief UNESCO Project Team on the success and

Request for Proposal (JOR/RFP-INF/18/05) “Capacity Building for Jordan Ministry of Education personnel on Monitoring & Evaluation for Education Strategic Plan (2018 – 2022)”

Amman Office

مكتب عمان

(Informal bidding process)

REQUEST FOR PROPOSAL

from qualified firms only

“Capacity Building for Jordan Ministry of Education personnel on Monitoring &

Evaluation for Education Strategic Plan (2018 – 2022)”

Reference : JOR/RFP-INF/18/05

Closing Date : 5 June 2018 (13h00 Amman local time)

Type of Contract : Contract for Services (with firms)

Contract Duration : 6 to 7 weeks (maximum)

Expected Contract Starting Date

: 17 June 2018

For technical inquiries, please address your questions to the following email addresses collectively (with making

reference to the UNESCO RFP number and title):

[email protected]

[email protected]

For procurement and contractual related inquiries, please address your questions to:

[email protected]

For and on behalf of UNESCO

Mr. Jawad Shalan Contracting Officer

mailto:[email protected]



Request for Proposal (JOR/RFP-INF/18/05)

“Capacity Building for Jordan Ministry of Education personnel on Monitoring & Evaluation for Education Strategic Plan (2018 – 2022)”

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Note to the Offerors:

UNESCO Amman Office hereby seeks qualified firms in order to provide the services described hereto in this

request for proposal. Please read thoroughly the information provided and the electronic submission

instructions.

Technical proposals should include all documents listed in Section Q.

A. PROJECT BACKGROUND

Since its creation in 1945, the United Nations Educational, Scientific and Cultural Organization’s

(UNESCO) mission has been to contribute to the building of peace, poverty eradication, lasting

development and intercultural dialogue. UNESCO Office in Amman strives to promote education in

Jordan as a fundamental human right while aiming to provide access to quality education for all. Across

Jordan, UNESCO is currently implementing comprehensive education programmes that sustain the

resilience and support the effectiveness of the national education system.

In collaboration with the Government of Jordan (GoJ) Ministry of Education (MoE), UNESCO Amman

and the International Institute of Education Planning have developed a 5-year National Education

Strategic Plan (ESP), released in March 2018. The ESP is aimed at setting a clear, prioritised,

sequenced and costed set of strategies and activities required for achievement of the goals of Jordan’s

Human Resources Development (HRD) Strategy and Sustainable Development Goals outcomes. An

integral component of this ESP process is the capacity development of MoE to be able to implement

each programme, and to monitor, evaluate and report the implementation of the programmes.

With the recent technical assistance provided by UNESCO to enhance accessibility and use of the

Jordanian MoE EMIS for evidence-based policy formulation, there is a need to build MoE capacity to

analyze and utilize the increasingly available education data.

It is against the above context that, the Jordanian Ministry of Education (MoE) has requested the UNESCO Amman Office to secure long-term advisory services for:

i) System Strengthening to achieve robust Monitoring & Evaluation processes and activities and

ii) Capacity Development in Monitoring & Evaluation to achieve sustainable utilization of education data and production of an annual Education Statistics Yearbook that reports on the progress since the release of the Education Strategic Plan 2018-2022.

These services would result in improved capacity for the Jordanian MoE to collect, analyze and utilize EMIS and other data to be able to make better informed decisions within the sector, and achieve the targets for their six priority domains identified in the ESP – Early Childhood Education and Development, Access and Equity, System Strengthening, Quality, Human Resources and Vocational Education.

B. PURPOSE & SCOPE OF WORK

The main areas of services are described as follows:

1. Assess the capacity needs of the key stakeholders involved in education data collection,

analysis and strategic planning within the Ministry of Education.

Target: between 1 (minimum) to 3 (maximum) full-time working days elapsing tentatively between 19

June 2018 and 21 June 2018.

2. Plan and deliver a series of high quality workshops for the MoE staff and key stakeholders to

improve the Monitoring & Evaluation activities for the ESP indicators.

Target: between 7 (minimum) to 10 (maximum) days full-time working days elapsing tentatively between

24 June 2018 and 28 June 2018 and between 22 July 2018 and 26 July 2018.



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3. Facilitate a series of discussions among the Planning unit and Queen Rania Center at MoE to

streamline the flow of data and information across these units towards the goal of Monitoring and

Evaluation system and process effectiveness

Target: between 1 (minimum) to 2 (maximum) days full-time working days elapsing tentatively between

24 June 2018 and 28 June 2018 and between 22 July 2018 and 26 July 2018.

As a result of this consultancy, individual, team and institutional capacity for indicator data-to-information

production process will be strengthened within the MoE, culminating in the outcome - production of the

2018-19 Education Statistics Yearbook that reports on the year 1 progress of ESP to all the

stakeholders. Successful execution of this assignment is expected to result in robust M&E health within

the MoE that manifests in timely production of information products.

C. DELIVERABLES UNDER CONTRACT

The deliverables for this consultancy are:

a) Needs Assessment Report & Training Plan The expert(s) should assess the capacity needs of the MoE personnel to successfully carry out the M&E activities. This might involve desk review as well as visiting the site for a scoping discussions with the MoE and UNESCO staff. The output of these efforts will be the Needs Assessment Report (of no more than 7 pages, excluding annexes) and the contextually aligned training plans for 2 sets of workshops (5 days each) stemming from the needs assessment (of no more than 6 pages). These plans should include the agenda, the participants’ profile, the topics covered and other relevant information. The annexes should include any relevant documents that were considered in the planning. These documents should be sent to and discussed with UNESCO, following which it will be reviewed and approved for the next steps. This phase will be carried over 3 days. b) Training Modules and Delivery for the Workshops, and Training Report The expert(s) will develop the training content and successfully deliver the various training modules to the MoE stakeholders for the capacity building programme in two installments over June and July. These workshops should include appropriate hands-on sessions. An indicative list of topics for the training is provided in Section H, point b below. The language of instruction is ideally expected to be in Arabic, but English to Arabic interpretation may be arranged by UNESCO directly. Following the conclusion of each workshop, a training report should be submitted to UNESCO. This report will include the agenda, participants’ profile and attendance, training modules including presentation slides and materials, evaluation of participants as a measure of training effectiveness, outputs produced by participants during the training, outcomes and recommendations for future trainings.

c) Facilitation of Discussions across MoE Stakeholders During the contract period, based on their assessment, the expert(s) will facilitate discussions between MoE stakeholders – the Planning unit and Queen Rania Center to streamline the flow of data & information between these units, with the goal of enhancing the M&E system and process effectiveness. Following this, the expert(s) will produce a brief describing the outcomes and consensus across the stakeholders. d) Debriefing with UNESCO After the conclusion of each set of capacity building activities, the expert(s) will debrief UNESCO Project

Team on the success and take-up of the programme. The UNESCO team will review and record

feedback on these for future technical assistance to the MoE.

e) Final Consultancy Report After the conclusion of both the missions, the expert(s) will submit a final report synthesizing the capacity

building activities undertaken during the mission, lessons learnt and recommendations for future

capacity building programmes and for strengthening the Monitoring & Evaluation system within MoE,

Jordan.



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D. DURATION OF THE ASSIGNMENT

The contract will tentatively start on 17 June 2018 and end on 31 July 2018. This period will have two

on-site activities at MoE/UNESCO office in Amman, the first one for 10 days (19-28 June 2018), and the

second one for 5 days – 22-26 July 2018. The total assignment duration is a maximum of 15 days to

complete the activities in their entirety including the following steps: capacity needs assessment,

planning for training sessions/workshops, delivering them to MoE and UNESCO staff, facilitating

discussions across MoE stakeholders and final debrief with the key stakeholders about the alignment

of the capacity building programme with the needs. Two senior technical experts are recommended.

International firms are mandated to take 2 missions for these assignments.

Overall timeframe: The on-site assignment will take place in 2 installments – one in the last week of

June. i.e from 19-28 June 2018, and the other in the last week of July, i.e from 22-26 July 2018. The

final consultancy report is due on 31 July 2018. These are tentative dates. The exact dates will be

communicated to the awarded offerer.

E. TIMELINE

(Note: this is a tentative timeline, the offerer will be have the right to adjust as necessary and will be

eventually evaluated according to the work plan considering a creative, suitable and reasonable

approach and work plan)

# Output Timeline *

1. Capacity Needs Assessment Report &

Workshop Session Plans

3 days

2. Delivery of Workshop 1, training report and debriefing with

UNESCO’s office.

5 days

3. Delivery of Workshop 2, training report and debriefing with

UNESCO’s office.

5 days

4. Facilitation of Discussion among MoE stakeholders and

producing a brief on the outcomes

2 days

5. End of consultancy report Within 1 week of the last

assignment.

*excluding travel days (if any)

F. Important timelines:

For international firms, it is expected that the consultancy team would stay in Jordan for the mission period.

An initial pre-workshop briefing for UNESCO Project Team no later than 21 June 2018 (to be confirmed once the selection process has been completed).

The training modules to be submitted and presentation/debriefing meeting on the capacity building programme to be completed by 30 June 2018 for Workshop 1 and 30 July 2018 for Workshop 2.

G. Useful information:

Jordan’s working days in the week : SUN to THU (FRI & SAT are off) Government of Jordan working office hours : 8:30 am to 3:00 pm UNESCO Amman Office working hours : 8 am to 3:30 pm



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H. MAJOR ROLES AND RESPONSIBILITIES

Under the overall authority of the Director General of UNESCO delegated to Head of the UNESCO

Amman Office, the technical oversight of the Team Leader of the UNESCO Amman Office Education

Sector and the direct joint -supervision of the Minister of Education and Executive Director of the MoE-

DCU, the Contractor will undertake the following Duties and Responsibilities:

(a) Lead a rapid Capacity Needs Assessment consultation in the field at MoE to update the collective

understanding of the strengths and gaps in Monitoring & Evaluation system across MoE, and the

potential implications of these.

(b) Develop two sets of contextualised workshops to address the gaps and build on the strengths in

M&E capacity at the MoE.

A potential training agenda identified from previous work in this area are:

a. Review of ESP

b. Data to information production process

c. Jordan’s Indicators so far – from 2016-17 Education Statistics Year Book

d. ESP indicators – Domain wise (6 domains)

i. Existing data

ii. Variables, calculations

iii. Data sources

e. Composite indicators

i. Statistical methods to test and develop

f. Indicators to produce this year

g. Indicators requiring new data tools and collection

h. Hands on sessions:

i. Participants to identify data sources and strategize for baseline data collection

ii. Participants to use indicator calculations and build Indicators

iii. Participants to come up with a reporting format of the indicators

(c) Deliver the high quality workshops to the identified MoE stakeholders through appropriate modalities

for maximum take-up rate.

(d) Identify or create evaluation tools on the training and use these to evaluate the learning of the

participants.

(e) Facilitate discussions between key MoE units – in particular the Planning unit and Queen Rania

Center – to lead to a collective understanding of data sources, data collected and data analysis, and

to build consensus on a streamlined data and information flow across these units so that Monitoring

and Evaluation system and process effectiveness is improved.

(f) Consolidate and communicate the proceedings, lessons learnt and recommendations for future

through in-person debrief sessions with UNESCO stakeholders and timely reports as requested in

deliverables.

The consultancy team will report to the Training Supervisor (Chief of Education) at the UNESCO Office

in Amman Education Sector. The Training Supervisor will provide all documents and information

required for the expert and facilitate access to UNESCO staff. All documents for approval, queries and

issues will be sent to the Training Supervisor. Deliverables will be approved by the Training Supervisor

following internal consultation with relevant staff including UNESCO thematic project officers.



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UNESCO will organize an internal meeting for the consultancy team to debrief on the capacity building

programme and UNESCO will send the reports to MoE and donors as needed.

UNESCO is not in a position to provide office space for the full period of the contract, but with advance

notice temporary space may be made available (This needs to be planned in advance with the Training

Supervisor and cannot be guaranteed.)

I. MINIMUM QUALIFICATIONS

MINIMUM QUALIFICATIONS FOR THE SERVICE PROVIDER

The service provider can be either a non-for-profit entity or a for-profit entity with full respect to the

following minimum eligibility criteria. The provider(s) shall ensure that the following supporting

documentation and evidence are part of the technical proposal.

# Requirement Eligibility criteria and documentation required

1 Legal status Mandatory Should be a registered FIRM or NGO with no restriction or limitations to carry out

business activities on the soil of the Hashemite Kingdom of Jordan.

2 Areas of

Expertise/

mandate

Mandatory International or Local Consultancy firms or NGOs specialized in education and

training providing technical advisory services or public sector reform advisory

services to Ministries of Education, Training and Research in country level contexts

across the world.

3 Working

relationship

Desirable At least one similar previous project with one of the following entities (preferably in

the middle east region): Government, UN Organization, or any bi- or multi-lateral

international aid agencies.

4 History of

similar

assignments

Mandatory Proven successful completion of at least one project in technical advisory service(s)

or public sector reform advisory service(s) to Ministries of Education, Training and

Research in country level context with at least some experience in a middle-income

country context similar to Jordan.

Reference letter(s) (in English) from the project owner/ contract awarding entity will

be required as part of the submission.

5 Working

languages

Mandatory English language is a must; Arabic language (is an asset)

6 Bank account Mandatory Valid bank account with name of account holder matches the name of Offeror (i.e.

not a personal account).

Letter by bank providing bank account information is a must.

7 Not to be listed

in the UN 1267

list

Mandatory Offerors (including personnel/experts) shall not be eligible to submit a Proposal if at

the time of the submission: The Offeror is listed as suspended on United Nations

Global Marketplace (http://www.ungm.org) as a result of having committed

fraudulent activities, The Offeror’s name is mentioned in the UN 1267 list issued by

the Security Council resolution 1267 that establishes a sanctions regime to cover

individuals and entities associated with Al-Qaida and/or the Taliban; The Offeror is

debarred by the World Bank Group, The Offeror is included in the UNPD Suspended

Vendor List.

http://www.ungm.org/



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MINIMUM QUALIFICATIONS FOR PROPOSED TECHNICAL EXPERTS

Quantity Role Qualifications

2 Senior Experts Minimum qualifications/ experience

Education:

Advanced University degree (preferably PhD) in Education, International Development or a similar field related to education, public policy, social sciences, monitoring and evaluation, etc.

Professional Experience:

A minimum of 15 years relevant international consulting experience undertaking evaluations including proven practical professional experience in designing and conducting assessments of large scale M&E systems, in particular at the national level.

Substantive experience in capacity building for M&E activities of similar education projects.

Excellent and proven knowledge of M&E methodologies and approaches.

Experience with Monitoring & Evaluation activities, preferably with UN agencies, is an asset.

Proven experience in producing coherent, clear analytic reports and knowledge pieces.

Successful undertaking of at least one previous project of similar scope and nature.

Evidence of solid experience with public sector reform initiatives.

Knowledge of the education system in Jordan.

Fluency in English (oral and written) is essential and a working knowledge of Arabic as an asset.

Ability to lead policy dialogue with senior Government officials, CSOs and donors.

Demonstrated exposure to different socio-cultural environments.

Knowledge of the role and mandate of UNESCO (desirable).

Previous work in Jordan or in Arab States is an asset.

Skills and competencies:

Excellent English writing and communication and analytical skills are required; understanding, speaking and reading Arabic language is a plus

Proficiency in Microsoft Office Word, Excel, and Power Point

Capacity to work under pressure and meet strict deadlines

Ability to think out-of-the-box

Capacity to present complex issues persuasively and simply

Proven capacity to contextualize global trends in accordance with the dynamics of the operating (working) environment

Other staffing If the expert/institution proposes additional experts to provide specific

complementary services, the names, roles and CVs should be included.

Useful information:

In view of the specific nature of the assignment, cross-cultural sensitivities and familiarity of Jordan/Middle East work culture would be advantageous.

J. SUBMISSION REQUIREMENTS

Type of Applicant Minimum data/ documents compromising technical proposal Firms Firm registration documents

Firm’s CV/ firm’s capability statement Letter-headed by Bank on bank details of the applicant firm Reference letters (3 references) for the experts CV of proposed expert consultants Project management methodology History of previous/ similar projects undertaken by the company and by the experts Methodology and technical approach Work plan & Gantt chart Annexes I to VI



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K. SUBMISSION GUIDELINES

The Offeror shall submit electronically a SIGNED technical and financial proposals by 5 June 2018 – 13hrs00

(Amman local time) in two separate emails. The maximum size of a single email is 10MB. Sample works can be

submitted via DROPBOX or WETRANSFER.

Technical proposal to:

E-MAIL ADDRESS: [email protected]; [email protected]

SUBJECT EMAIL: JOR/RFP-INF/18/05 (TECHNICAL PROPOSAL)

NAME OF PDF FILE: [YOUR COMPANY NAME OR NAME] _ JOR/RFP-INF/18/05 _ (ESP Capacity

Building) _TECH PROPOSAL

Financial proposal to be submitted ONLY to:

EMAIL ADDRESS: [email protected];

SUBJECT EMAIL: JOR/RFP-INF/18/05 (FINANCIAL PROPOSAL)

NAME OF PDF FILE: [YOUR COMPANY NAME] _ JOR/RFP-INF/18/05 _ (ESP Capacity Building)

_PRICE PROPOSAL

Important Note:

Financial proposal should be submitted in PDF format with a password protection. UNESCO will contact applicants whose technical proposals were found responsive.






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ANNEX I – PROPOSAL SUBMISSION FORM

TO: UNESCO

Ref.: JOR/RFP-INF/18/05

Dear Sir / Madam,

Having examined the information provided in the request for proposal (informal solicitations process),

the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide Professional

Services for the sum as may be ascertained in accordance with the Price Schedule attached herewith

and made part of this Proposal.

We undertake, if our Proposal is accepted, to commence and complete delivery of all services specified

in the contract within the time frame stipulated.

We agree to abide by this Proposal for a period of 60 days from the Proposal Closing Date as stipulated

in the Solicitation Documents, and it shall remain binding upon us and may be accepted at any time

before the expiration of that period.

We understand that you are not bound to accept any Proposal you may receive.

Name of Offeror

Address of Offeror:

Authorised Signature:

Name & title of Authorised Signature:

Date:



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ANNEX II – PRICE SCHEDULE FORM

GENERAL INSTRUCTIONS

1. The Offeror is asked to prepare this Price Schedule as in a separate document from the rest of the technical proposal response

to be send to the specified email; having the financial price in a PDF file.

2. All prices/rates quoted must be exclusive of all taxes, since the UNESCO is exempt from taxes

3. The Price Schedule must provide a detailed cost breakdown. Provide separate figures for each functional grouping or category.

If the contractor is required to travel in order to perform the work described in the TOR, a lump sum must be included in the total

amount or to be listed separately. No travel shall be reimbursed.

4. It is the policy of UNESCO not to grant advance payments except in unusual situations where the potential contractor whether

a private firm, NGO or a government or other entity, specifies in the proposal that there are special circumstances warranting an

advance payment. UNESCO, at its discretion, may however determine that such payment is not warranted or determine the

conditions under which such payment would be made. Any request for an advance payment is to be justified and documented and

must be submitted with the financial proposal. This justification shall explain the need for the advance payment, itemise the amount

requested and provide a time-schedule for utilisation of said amount.

Financial Proposal / Price Schedule

(To be separated from the technical proposal and pdf-password protected)

Password should be sent to [email protected] only

Request for Proposal Ref: JOR/RFP-INF/17/06

Total Financial Proposal [amount in USD]:

Date of Submission:

Authorized Signature:

Part 1: Price Breakdown

(a) Key resources

(Please add lines as necessary)

Function Remuneration description Rate per Day [amount in USD]

Number of days

Total [amount in USD]

Senior Expert 1 [please insert name here]

Services at Home Office (if applicable)

Services on site (if applicable)

Senior Expert 2 [please insert name here]



(b) Any additional resources (if any) that Offeror foresee necessary for the implementation (optional for UNESCO)

(Please add lines as necessary)

Function Remuneration description Rate per Day [amount in USD]

Number of days


[please insert function and name here]



[please insert function and name here]






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(c) Other Expenses

Description of Activity/Item* No of

Consultants Unit Cost

[amount in USD] Quantity


1 Travel

2 Per Diem Allowances

3 Communications

4 Reproduction and Reports

5 Equipment and other items

6 Others (please specify)

Part 2: Price per Deliverable

Payment will be issued in three installments based on the following deliverable schedule.

No Deliverable Due Date Max.

Percentage

from payment

Amount in USD

1 Approved Needs Assessment Report & Workshop

Session Plans 1 & 2

15%

2 Approved Training Report with Training Modules &

Debriefing with UNESCO for workshop 1

25%

3 Approved Training Report with Training Modules &

Debriefing with UNESCO for workshop 2

25%

4 Approved Brief on the outcomes of Facilitation of

Discussions across MoE Stakeholders on

Streamlining Information Flow for M&E

Effectiveness

15%

5 Approved Final Consultancy Report 20%

Total



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ANNEX III – Vendor Information Form

General Information

Company Name:

City, Country

Web Site URL:

Contact Person:

Title:

Phone:

Email Address:

References: Please provide at least three references for the experts including contact details for contracts for similar services to the one requested under this consultancy:

Organization Name/Country: Contact person: Telephone: Email:

1.

2.

3.



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ANNEX IV – VENDOR(S) INFORMATION FORM

Please provide 1) copy of firm’s registration (applicable to firms) 2) Letter by your bank stating your bank details

VENDOR INFORMATION (please use capital letters)

Title (Mr, Mrs, Ms , Company, Organization) :

Name / Company name :

Date and place of birth :

Nationality :

Profession / Area of expertise :

Street name / House Number :

Postal Code / City :

P.O. Box :

Country :

Telephone :

Fax :

Email :

Language of correspondence :

Tax Code 1 / Tax Code 2 :

Contact 1

Contact 2

BANK INFORMATION (please attach copy of bank details which you should obtain from your bank)

Full bank name :

Full agency name :

Full bank address :

Bank Postal code / Bank City :

Bank country :

SWIFT/BIC code :

IBAN

Bank code & branch code :

Bank account Number :

Control Key (if applicable) :

Account holder name :

Account currency :

Additional banking information :

(i.e. CHIPS UID, ABA, PayThru, etc…)



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ANNEX V – PAST PROJECTS TEMPLATE (to be filled by the Proposer)

[To be filled by the submitting firm in separate A4 landscape oriented pages:]

Instructions related to references of the Consulting Firm and Proposed Key Experts (Technical

Advisors)

Provide contact information for at least three (3) references that can provide substantial input about:

(a) The type of work performed

(b) Confirm the quality of the work experience of projects conducted by the consulting firm and the experts (advisors) that are of a similar nature.

UNESCO reserves the right to contact other sources as well as to check references and past performance. For each reference, list a contact individual, their title, address, facsimile, phone and e-mail address.

Project Ref#: Project Title:

Name of

legal entity Country

Original

Project

Value (US$)

Closing

Project

Value

(US$)

Proportion

carried out by

your Firm (%)

% of

completion

Nº of Staff

provided

Name of

Client

Origin of

Funding

Dates

(Start/End)

Name of

Partners (if any)

Detailed description of the project (please type below) Type of services provided:

Contact Person (Name/ Functional Title/ email or telephone address):



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ANNEX VI – CV TEMPLATE

1. Family name:

2. First names:

3. Occupation (role and function):

4. Nationality/Passport:

5. Residence:

6. Education:

Name of Institution (Date from – Date to) Degrees obtained & Major Field of Study

7. Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic)

Language Reading Speaking Writing

English

Arabic

8. Membership of professional bodies:

9. Other skills:

10. Contacts:

11. Years within the firm (or years of affiliation):

12. Country Experience:

13. Regional and International Experience

14. Key qualifications:

15. Professional experience

[NB: To be filled by each proposed expert (advisor) in separate A4 landscape oriented pages:]

Date from- Date to

Location Employer (if

any) Position Description of specific assignment

16. Other relevant information:

JOR/RFP-INF/17/06

GENERAL CONDITIONS OF CONTRACT

1. LEGAL STATUS The Contractor shall be considered as having the legal status of an

independent contractor vis-à-vis UNESCO. The Contractor’s

personnel and sub-contractors shall not be considered in any respect

as being the employees or agents of UNESCO.

2. SOURCE OF INSTRUCTIONS The Contractor shall neither seek nor accept instructions from any

authority external to UNESCO in connection with the performance of

its services under this Contract. The Contractor shall refrain from any

action, which may adversely affect UNESCO or the United Nations

and shall fulfill its commitments with the fullest regard to the interests

of UNESCO.

3. CONTRACTOR’S RESPONSIBILITY FOR EMPLOYEES The Contractor shall be responsible for the professional and technical

competence of its employees and will select, for work under this

Contract, reliable individuals who will perform effectively in the

implementation of this Contract, respect the local customs, and

conform to a high standard of moral and ethical conduct.

4. ASSIGNMENT The Contractor shall not assign, transfer, pledge or make other

disposition of this Contract or any part thereof, or any of the

Contractor’s rights, claims or obligations under this Contract except

with the prior written consent of UNESCO.

5. SUB-CONTRACTING In the event the Contractor requires the services of sub-contractors,

the Contractor shall obtain the prior written approval and clearance

of UNESCO for all sub-contractors. The approval of UNESCO of a

sub-contractor shall not relieve the Contractor of any of its obligations

under this Contract. The terms of any sub-contract shall be subject to

and conform with the provisions of this Contract.

6. OFFICIALS NOT TO BENEFIT The Contractor warrants that no official of UNESCO has received or

will be offered by the Contractor any direct or indirect benefit arising

from this Contract or the award thereof. The Contractor agrees that

breach of this provision is a breach of an essential term of this

Contract.

7. INDEMNIFICATION The Contractor shall indemnify, hold and save harmless, and defend,

at its own expense, UNESCO, its officials, agents, and employees

from and against all suits, claims, demands, and liability of any nature

or kind, including their costs and expenses, arising out of acts or

omissions of the Contractor, or the Contractor’s employees, officers,

agents or sub-contractors, in the performance of this Contract. This

provision shall extend, inter-alia, to claims and liability in the nature

of workmen’s compensation, products liability and liability arising out

of the use of patented inventions or devices, copyrighted material or

other intellectual property by the Contractor, its employees, officers,

agents, servants or sub-contractors. The obligations under this

Article do not lapse upon termination of this Contract.

8. INSURANCE AND LIABILITIES TO THIRD PARTIES The Contractor shall provide and thereafter maintain insurance

against all risks in respect of its property and any equipment used for

the execution of this Contract. The Contractor shall provide and

thereafter maintain all appropriate workmen’s compensation

insurance, or its equivalent, with respect to its employees to cover

claims for personal injury or death in connection with this Contract.

The Contractor shall also provide and thereafter maintain liability

insurance in an adequate amount to cover third party claims for death

or bodily injury, or loss of or damage to property, arising from or in

connection with the provision of services under this Contract or the

operation of any vehicles, The Contractor shall provide and thereafter

maintain all appropriate workmen's compensation insurance, or its

equivalent, with respect to its employees to cover claims for personal

injury or death in connection with this Contract or the operation of any

vehicles, boats, airplanes or other equipment owned or leased by the

Contractor or its agents, servants, employees or sub-contractors

performing work or services in connection with this Contract. Except

for the workmen’s compensation insurance, the insurance policies

under this Article shall:

8.1 Name UNESCO as additional insured;

8.2 Include a waiver of subrogation of the Contractor’s rights to the

insurance carrier against UNESCO;

8.3 Provide that UNESCO shall receive thirty (30) days written notice

from the insurers prior to any cancellation or change of coverage8.4

The Contractor shall, upon request, provide UNESCO with

satisfactory evidence of the insurance required under this Article.

9. ENCUMBRANCES/LIENS The Contractor shall not cause or permit any lien, attachment or other

encumbrance by any person to be placed on file or to remain on file

in any public office or on file with UNESCO against any monies due

or to become due for any work done or materials furnished under this

Contract, or by reason of any other claim or demand against the

Contractor.

10. TITLE TO EQUIPMENT Title to any equipment and supplies that may be furnished by

UNESCO shall rest with UNESCO and any such equipment shall be

returned to UNESCO at the conclusion of this Contract or when no

longer needed by the Contractor. Such equipment, when returned to

UNESCO, shall be in the same condition as when delivered to the

Contractor, subject to normal wear and tear. The Contractor shall be

liable to compensate UNESCO for equipment determined to be

damaged or degraded beyond normal wear and tear.

11. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS UNESCO shall be entitled to all intellectual property and other

proprietary rights including but not limited to patents, copyrights, and

trademarks, with regard to products, or documents and other

materials which bear a direct relation to or are produced or prepared

or collected in consequence of or in the course of the execution of

this Contract. At UNESCO’s request, the Contractor shall take all

necessary steps, execute all necessary documents and generally

assist in securing such proprietary rights and transferring them to

UNESCO in compliance with the requirements of the applicable law

12. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNESCO OR THE UN The Contractor shall not advertise or otherwise make public the fact

that it is a Contractor with UNESCO, nor shall the Contractor, in any

manner whatsoever use the name, emblem or official seal of

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UNESCO, or any abbreviation of the name of UNESCO in connection

with its business or otherwise.

13. CONFIDENTIAL NATURE OF DOCUMENTS AND

INFORMATION

Drawings, photographs, plans, reports, recommendations, estimates,

documents and all other data compiled by or received by the

Contractor under this Contract shall be the property of UNESCO,

shall be treated as confidential and shall be delivered only to

UNESCO authorized officials on completion of work under this

Contract. The Contractor may not communicate at any time to any

other person, Government or authority external to UNESCO, any

information known to it by reason of its association with UNESCO,

which has not been made public except with the authorization of

UNESCO; nor shall the Contractor at any time use such information

to private advantage. These obligations do not lapse upon

termination of this Contract.

14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

Force majeure, as used in this Article, means acts of God, war

(whether declared or not), invasion, revolution, insurrection, or other

acts of a similar nature or force, which are beyond the control of the

Parties. In the event of and as soon as possible after the occurrence

of any cause constituting force majeure, the Contractor shall give

notice and full particulars in writing to UNESCO, of such occurrence

or change if the Contractor is thereby rendered unable, wholly or in

part, to perform its obligations and meet its responsibilities under this

Contract. The Contractor shall also notify UNESCO of any other

changes in conditions or the occurrence of any event, which

interferes or threatens to interfere with its performance of this

Contract. The notice shall include steps proposed by the Contractor

to be taken including any reasonable alternative means for

performance that is not prevented by force majeure. On receipt of the

notice required under this Article, UNESCO shall take such action as,

in its sole discretion, it considers to be appropriate or necessary in

the circumstances, including the granting to the Contractor of a

reasonable extension of time in which to perform its obligations under

this Contract. If the Contractor is rendered permanently unable,

wholly, or in part, by reason of force majeure to perform its obligations

and meet its responsibilities under this Contract, UNESCO shall have

the right to suspend or terminate this Contract on the same terms and

conditions as are provided for in Article 15, “Termination”, except that

the period of notice shall be seven (7) days instead of thirty (30) days.

15. TERMINATION

Either party may terminate this Contract for cause, in whole or in

part, upon thirty days notice, in writing, to the other party. The

initiation of arbitral proceedings in accordance with Article 16

“Settlement of Disputes” below shall not be deemed a termination of

this Contract. UNESCO reserves the right to terminate without cause

this Contract at any time upon 15 days prior written notice to the

Contractor, in which case UNESCO shall reimburse the Contractor

for all reasonable costs incurred by the Contractor prior to receipt of

the notice of termination. In the event of any termination by UNESCO

under this Article, no payment shall be due from UNESCO to the

Contractor except for work and services satisfactorily performed in

conformity with the express terms of this Contract. The Contractor

shall take immediate steps to terminate the work and services in a

prompt and orderly manner and to minimize losses and further

expenditures. Should the Contractor be adjudged bankrupt, or be

liquidated or become insolvent, or should the Contractor make an

assignment for the benefit of its creditors, or should a Receiver be

appointed on account of the insolvency of the Contractor, UNESCO

may, without prejudice to any other right or remedy it may have,

terminate this Contract forthwith. The Contractor shall immediately

inform UNESCO of the occurrence of any of the above events.

16. SETTLEMENT OF DISPUTES 16.1 Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute,

controversy or claim arising out of, or relating to this Contract or the

breach, termination or invalidity thereof. Where the parties wish to

seek such an amicable settlement through conciliation, the

conciliation shall take place in accordance with the UNCITRAL

Conciliation Rules then obtaining, or according to such other

procedure as may be agreed between the parties.

16.2 Arbitration Unless, any such dispute, controversy or claim between the Parties

arising out of or relating to this Contract or the breach, termination or

invalidity thereof is settled amicably under the preceding paragraph

of this Article within sixty (60) days after receipt by one Party of the

other Party’s request for such amicable settlement, such dispute,

controversy or claim shall be referred by either Party to arbitration in

accordance with the UNCITRAL Arbitration Rules then obtaining,

including its provisions on applicable law. The arbitral tribunal shall

have no authority to award punitive damages. The Parties shall be

bound by any arbitration award rendered as a result of such

arbitration as the final adjudication of any such controversy, claim or

dispute.

17. PRIVILEGES AND IMMUNITIES

Nothing in or relating to this Contract shall be deemed a waiver,

express or implied, of any of the privileges and immunities of

UNESCO.

18. TAX EXEMPTION

18.1 Section 7 of the Convention on the Privileges and Immunities

of the United Nations provides, inter-alia, that UNESCO, is exempt

from all direct taxes, except charges for public utility services, and is

exempt from customs duties and charges of a similar nature in

respect of articles imported or exported for its official use. In the event

any governmental authority refuses to recognize the UNESCO

exemption from such taxes, duties or charges, the Contractor shall

immediately consult with UNESCO to determine a mutually

acceptable procedure.

18.2 Accordingly, the Contractor authorizes UNESCO to deduct

from the Contractor’s invoice any amount representing such taxes,

duties or charges, unless the Contractor has consulted with UNESCO

before the payment thereof and UNESCO has, in each instance,

specifically authorized the Contractor to pay such taxes, duties or

charges under protest. In that event, the Contractor shall provide

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UNESCO with written evidence that payment of such taxes, duties or

charges has been made and appropriately authorized.

19. CHILD LABOUR

19.1 The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter-alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical mental, spiritual, moral or social development. 19.2 Any breach of this representation and warranty shall entitle UNESCO to terminate this Contract immediately upon notice to the Contractor, at no cost to UNESCO. 20. MINES

20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term “Mines” means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980. 20.2 Any breach of this representation and warranty shall entitle

UNESCO to terminate this Contract immediately upon notice to the

Contractor, without any liability for termination charges or any other

liability of any kind of UNESCO.

21. OBSERVANCE OF THE LAW

The Contractor shall comply with all laws, ordinances, rules, and

regulations bearing upon the performance of its obligations under the

terms of this Contract.

22. AUTHORITY TO MODIFY

No modification or change in this Contract, no waiver of any of its

provisions or any additional contractual relationship of any kind with

the Contractor shall be valid and enforceable against UNESCO

unless provided by an amendment to this Contract signed by the

authorized official of UNESCO.

23. SECURITY

The responsibility for the safety and security of the Contractor and its

personnel and property, and of UNESCO property in the Contractor’s

custody, rests with the Contractor.

The Contractor shall:

(a) put in place an appropriate security plan and maintain the

security plan, taking into account the security situation in the

country where the services are being provided;

(b) assume all risks and liabilities related to the Contractor’s security,

and the full implementation of the security plan.

UNESCO reserves the right to verify whether such a plan is in place,

and to suggest modifications to the plan when necessary. Failure to

maintain and implement an appropriate security plan as required

hereunder shall be deemed a breach of this contract. Notwithstanding

the foregoing, the Contractor shall remain solely responsible for the

security of its personnel and for UNESCO property in its custody.

24. ANTI-TERRORISM

The Contractor agrees to undertake all reasonable efforts to ensure

that none of the UNESCO funds received under this Contract are

used to provide support to individuals or entities associated with

terrorism and that the recipients of any amounts provided by

UNESCO hereunder do not appear on the list maintained by the

Security Council Committee established pursuant to resolution 1267

(1999). The list can be accessed via:

http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This

provision must be included in all sub-contracts or sub-agreements

entered into under this Contract.

http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm