REQUEST FOR QUOTATION · As indicated in Attachment No. 1 to these Instructions, ("Technical Evaluation Criteria") the evaluation shall include the following criteria: (i) Compliance

22 Jun 20Date:

[email protected]:+43 (1) 26030 5948Fax No.:+43 (1) 26030-6350Tel. No.:

(PLEASE QUOTE ON ALL COMMUNICATIONS)2020-0077/ThorvaldsdottirCTBTO Ref. No.:

Phone: Fax: Email:

Attn.:

ALL BIDDERSTo:

REQUEST FOR QUOTATION ____________________________ THIS IS NOT AN ORDER

Title of Request: Services to Document the Technical Development of SelectedRadionuclide Related Techniques for On Site Inspections

Deadline for Submission: 17 Jul 20 Vienna Local Time: 17:00

________________________________________________The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (hereinafter referred to as the 'Commission') hereby invites you to quote the following items as per conditions listed below.

Item Quantity U/M 1

1 Lot

Courtney LinleyChief, Procurement Section

Description and RequirementsServices to Document theTechnical Development of Selected Radionuclide Related Techniques Ifnor On Site InspectionsIn accordance with Annex CTerms of Reference.

When preparing your quotation, please follow the attached instructions. You are kindly requested to complete and return the acknowledgement form by fax or e-mail as soon as possible. If you have any questions you should contactthe e-mail address indicated above. We look forward to receiving your quotation.

Yours sincerely,

pp

ACKNOWLEDGEMENT FORM

Solicitation No: 2020-0077 Closing Date: 17 Jul 20 Title: Services to Document the Technical Development of Aelected

Radionuclide Related Techniques for On Site Inspections Vienna Local Time: 17:00

Procurement Staff: Thorvaldsdottir CTBTO Req. No.: 0010016251

Please complete 'A' or 'B' or 'C'and Return

WITHIN FIVE (5) DAYS

THE PREPARATORY COMMISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (CTBTO)

by email [email protected]

__ ________________________ other (please specify)

__ insufficient time to prepare a proper submission;

__ we do not have the required expertise for this specific project;

__ our current workload does not permit us to take on additional work at this time;

______________

______________

_____________________________________________

____________________

_________________________________________

________________________

________________________

_________________________________________

Email/Tel: (date)

By: Contact Name:

Company Name: A: We shall submit our proposal

Email/Tel: (date)

By: Contact Name:

Company Name: B: We may submit and will advise

Email/Tel:

Contact Name:

Company Name:

C: We will not submit a proposal for the following reason(s)

Page 1 of 6

INSTRUCTIONS TO BIDDERS

Services to Document the Technical Development of Selected Radionuclide Related Techniques for On Site Inspections

CONDITIONS

Delivery Terms (INCOTERMS 2020) and Destination

. N/A, Services.

This Request for Quotation (RFQ) is for the provision of "Services to Document the Technical Development of Selected Radionuclide Related Techniques for On Site Inspections" (hereinafter referred to as the "Services" and/or the "Work") as described in the Terms of Reference.

The Quotation shall meet all requirements stated in the Terms of Reference. For this project, CTBTO (the "Commission") is seeking capabilities which will ensure that the tasks are accomplished expeditiously and at a reasonable cost. As indicated in Attachment No. 1 to these Instructions, ("Technical Evaluation Criteria") the evaluation shall include the following criteria:

(i) Compliance with the Terms of Reference; (ii) Contractor’s experience and qualifications; in particular the proposed

personnel, their professional experience with CTBT verification and nuclear explosion monitoring, qualifications (notably relevant education and ability to write) and relevant technical background.

The Commission will determine the Quotation which is the “least costly technically acceptable Quotation”.

The Price The price quotation shall include costs and expenses incurred by the Supplier for the full and proper performance of all obligations under the Purchase Order (including travel, allowances, management and remuneration of the personnel, national income tax, medical, insurance and social security contribution, if and as applicable).

Currency Please quote in EURO or US$ only. Taxes

In principle the Commission is exempt from taxes. Since the arrangement under which such exemption is respected varies from country-to-country, the selected bidder will be informed by the Commission whether tax exemption will occur at source or whether taxes will be reimbursed by the Commission upon submission of the original supporting documentation. “Taxes” means all direct and indirect taxes (including value added tax, general sales tax or goods and services tax), assessments, fees, customs duties, liens and charges in as much as they are levied in conclusion or implementation of the purchase order, including customs restrictions and charges of similar nature in respect of articles imported or exported for the Commission’s official use.

Vienna International Centre P. O. Box 1200 A-1400 Vienna Austria www.ctbto.org

Request For Quotation No. 2020-0077/THORVALDSDOTTIR Page 2 of 6

(1) For Austrian companies The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Purchase Order in respect of the Services shall be quoted separately or be separately identified on the Quotation together with information on the nature of the tax and its method of calculation. (2) For European Union (EU) Companies The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Purchase Order in respect of the Services shall be quoted separately or separately identified on the Quotation together with information on the nature of the Tax and its method of calculation. Due to the VAT exemption applicable to the Commission, no VAT will be charged to the Commission by the EEC Suppliers under the Contract (Ref. EU VAT Council Directive 2006/112/EC, Article 151). (3) For Non-EU Companies The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Purchase Order in respect of the Services shall be quoted separately or be separately identified on the Quotation together with information on the nature of the Tax and its method of calculation. For deliveries to Vienna, Austria, and due to the Tax exemption at source applicable to the Commission, no Taxes shall be charged to the Commission under the Purchase Order.

Validity of Quotation Minimum 90 days as of the Closing Date

General Conditions General Conditions of Contracts (Annex A) Confidentiality Undertaking (Annex B)

Privileges & Immunities Nothing in or relating to the Purchase Order shall be deemed to constitute an express or implied waiver of any Privileges and Immunities of the Commission.

Payment Terms

Within 30 days of receipt and acceptance of the Work/Services as invoiced and of the following documents: (1) Invoice(s) showing the firm fixed price of the Work/Services as invoiced. The

Supplier shall submit the invoice(s) in 1 (one) original and 2 (two) copies or electronically, from the Supplier’s official e-mail address in PDF format, duly signed and stamped by the Supplier and submitted to [email protected]. Each invoice shall contain detailed banking instructions, including the name and address of the Supplier's bank, account number, account holder’s name and SWIFT, IBAN and/or ABA codes for payment by electronic transfer and actual pre-paid transportation and insurance cost (if applicable);

(2) Acknowledgement Copy of the Commission’s Purchase Order with Supplier’s signature;

(3) The Supplier’s certificate, counter-signed by the Consignee/end-user, confirming the successful completion of the Work/Services as invoiced (as applicable); and

(4) Any other relevant documents. Applicable Taxes payable by the Supplier and/or its subcontractor(s) shall be invoiced separately or be separately identified on the invoice. Actual payment of the Taxes must primarily be supported by original documentation such as invoices, bank account statements, transfer orders, or receipts issued by the local tax or customs authorities. If submission of such original documentation is not possible for justifiable reasons, their copies could be accepted by the Commission provided that they are duly signed and certified by local tax or customs authorities. In case the currency in which the Taxes are levied is not the currency of the Purchase Order, bank statements (or equivalent) showing the exchange rate used for the conversion shall be submitted to the Commission, in addition to any other supporting documentation.

Other Documents Please submit, jointly with the Quotation, the following documents (attached hereto):

- the Bidder’s Statement, duly completed;

- the Vendor Profile Form, in case you haven’t submitted to the Commission in the past two years; and

- the Statement of Confirmation, duly signed.


OTHER INFORMATION

1. The Commission reserves the right to accept or reject bidder’s quotation, partially or entirely, and to annul this

procurement process at any time prior to award of the Purchase Order, without thereby incurring any liability to the bidder or any obligation to inform the bidder of the grounds for the Commission’s action.

2. The bidder shall include in its quotation documentary evidence of its qualifications to perform the Purchase Order

which shall establish to the Commission’s satisfaction that the bidder has the financial, technical and production capability necessary to perform the Purchase Order in its entirety and to provide spare parts and other necessary on-going services as required.

3. The bidder shall bear all the costs associated with the preparation and submission of the quotation and the

Commission shall not be responsible or liable for those costs, regardless of the conduct or outcome of this RFQ. 4. The bidder’s price quotation shall be submitted in the English language, together with relevant technical

literatures in duplicate, which shall also be in English. 5. The bidder’s quotation shall be typed or written in indelible ink and signed by an official legally authorized to

enter into contracts on behalf of their organization. The quotation shall not contain any inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder, in which case such corrections shall be initialled by the person or persons signing the quotation.

6. The Services to be rendered under the Purchase Order shall have their origin in the States Signatories of the

Comprehensive Nuclear-Test-Ban Treaty (CTBT), the list of which is attached to this RFQ. For purposes of this paragraph, "the origin" means the place from where the Services are supplied.

7. Not later than 7 days before the deadline for submission of the quotations, any request for clarifications relating to

the RFQ documents shall be emailed to [email protected], attention to Procurement Staff in charge of this matter referred to in the RFQ cover letter. If such requests are addressed to others or if additional information is obtained from others, it may lead to disqualification of the bidder. No requests for clarifications will be entertained after this time.

8. From the deadline for submission of quotation until the written notification of award, no bidder shall contact the

Commission on any matter relating to its quotation, except when responding to a request from the Commission for clarification. Any effort to influence the Commission in its evaluation of the quotation(s) or its award decision shall result in the rejection of the quotation.

9. The Commission shall evaluate the compliance of the quotations with the RFQ requirements. Subject to its

technical compliance, the quotations shall be examined for its contractual compliance and commercial acceptability. Based on the mentioned evaluation, the Commission will determine the quotation which is the “least costly technically acceptable”. Deviation, if any, from the Commission’s terms and conditions might be a factor in the decision of award.

10. In case of an award, the following documents shall govern the Purchase Order and in case of discrepancies or

inconsistencies, the documents to prevail shall be given precedence in the following order: (a) The Purchase Order; (b) The Commission’s General Conditions of Contracts (Annex A); (c) The Commission´s Confidentiality Undertaking (Annex B); (d) Terms of Reference (Annex C); (e) The bidder’s quotation shall be included as Annex D, if applicable.

Use of former Preparatory Commission for the CTBTO (“Commission”) employees in the preparation of Quotations: A Bidder must not, in the absence of prior written approval from the Commission, permit a person to contribute to, or participate in, any process relating to the preparation of a Quotation or the procurement process if the person:

a. At any time during the 12 months immediately preceding the date of issue of the Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. At any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.


The quotation shall be submitted in writing to the email address below: [email protected] Bidders shall take note of the attached price schedule instructions when submitting the quotation.

Should there be items on our list that you cannot include in the quotation, we would appreciate you marking them, and returning the information to us, together with the names of any potential bidder(s) known to you. Please do this even if you cannot submit a quotation for any of the items and kindly don’t forward the RFQ to any other parties without our knowledge. Please confirm, within 5 working days, the receipt of this RFQ and your confirmation whether you will submit a quotation by the closing date mentioned herein. Attachments: - The Commission’s General Conditions of Contract - The Commission´s Confidentiality Undertaking - The Commission’s Terms of Reference - CTBTO Member States - Statement of Confirmation - Vendor Profile Form


BIDDER’S STATEMENT PLEASE STATE BELOW & SUBMIT WITH QUOTATION

Delivery Time: Warranty period applicable (it shall be for a minimum of 24 months, starting from the acceptance of the Services by the Commission) – please tick below: For a two year period For a period of …………………………. Note: The provisions of article 28 of the Commission’s General Conditions of Contract apply to the services to be provided under the Purchase Order, wherever it is referred to “Goods” it shall read “Services”. Availability of local service in Vienna, Austria (if any): State country of origin or assembly of all items quoted: Quantity discount and early payment discount (if any): Include documentary evidence of qualifications to perform the order, which shall establish to the Commission’s satisfaction that the bidder has the financial, technical and production capability necessary to perform the order in its entirety and to provide spare parts and other necessary on-going services as required. Included in this quotation : Yes No Confirmation that the bidder has reviewed the Commission’s General Conditions of Contract and the Confidentiality Undertaking and agreed to all terms and conditions.

Yes No Remarks: With regards to the software provided with the equipment, state and confirm whether the software licenses are transferable to third parties, i.e. the Commission or the Commission’s State Signatories (Member States).

Yes No Not applicable Remarks: Name: Name & Title of Contact Person: Signature & date:


SAMPLE OF PRICE SCHEDULE 1. The Price Schedule must provide a detailed cost breakdown for each item. Delivery costs, and other estimated

costs (e.g. customs duties, VAT, etc.) shall be quoted separately. 2. Technical descriptions for each proposed item must provide sufficient detail to allow the Commission to

determine compliance of Bid with specifications as per Terms of Reference and/or Technical Specifications of this RFQ.

3. Currency: Please quote in EURO or US$ only. 4. The format shown below shall be used in preparing the price quotation. The format uses a specific structure

that may or may not be applicable but is indicated to serve as an example only.

Price Schedule: RFQ for Goods/Equipment

Item No.

Description of Item Qty. Unit Cost per Unit

Total Cost per item

Item 1 Item 2 Item X Item Y Item Z EQUIPMENT TOTAL OTHER COSTS (if any) SUBTOTAL Estimated or Firm Fixed Delivery Costs* Estimated Taxes, if applicable* GRAND TOTAL (DDU or DDP as per the

RFQ)

Signature of Bidder: Date: *Note: 1. Please show costs for delivery and taxes separately. 2. Delivery costs shall include packing, handling, insurance, shipment, custom clearance and local delivery to final

destination. 3. Applicable taxes, when authorized prior to the award of the order, will be reimbursed by the Commission on the

basis of actual amounts paid and documented. 4. Make it clear that the quoted charge is an estimate, by indicating “Estimate” or “Approx.” or “Firm Fixed” 5. Estimated costs (other than taxes) shall mean that the Commission shall pay the actual cost, not to exceed the

estimate by more than ten (10) percent, in the event of an order.

Please be informed that all open competitive tenders of the CTBTO are available on the Web. For more information, please visit http://www.ctbto.org/procurement

ANNE� A

Genera� Conditions of Contract

1. DEF�N��N�

(a) �n t�ese �enera� conditions of contract t�e ter�s �e�innin� �it� a ca�ita� �etter s�a�� a�e t�e �eanin� as defined in t�e Contract�

(�) o �e rendered �nder t�e Contract�

(c)and�or ot�er s��ies to �e �ro�ided �nder t�e Contract�

(inc��din� �a��e added ta�� enera� sa�es ta� or �oods and ser�ices ta�)� assess�ents� fees� c�sto�s d�ties� �iens and c�ar�es in as ��c� as t�e� are �e�ied in conc��sion or i��e�entation of t�e Contract� inc��din� c�sto�s restrictions and c�ar�es of si�i�ar nat�re in res�ect of artic�es i��orted or e��orted for t�e

�. �E�A� ��A��

��e Contractor s�a�� e considered as �a�in� t�e �e�a� stat�s of an inde�endent contractor �is��is t�e Co��ission� �eit�er t�e Contractor and an� s��contractor� nor t�eir �ersonne� s�a�� e considered to �e an e��o�ee or an a�ent of t�e Co��ission�

�. A��N�EN�

��e Contractor s�a�� not assi�n� transfer� ��ed�e or �a�e ot�er dis�osition of t�e Contract or an� �art t�ereof� or an�

Contract e�ce�t �it� t�e �rior �ritten consent of t�e Co��ission�

�. ��N��A��N�

�n t�e e�ent t�e Contractor re��ires t�e ser�ices of one or �ore s��contractors� t�e Contractor s�a�� o�tain t�e �rior �ritten a��ro�a� and c�earance of t�e Co��ission for s�c� s��cos��contractor s�a�� not re�ie�e t�e Contractor of an� of �is o��i�ations �nder t�e Contract� and t�e ter�s of an� s��contract s�a�� e s��ect to and in confor�it� �it� t�e �ro�isions of t�e Contract�

�. ��E �F �N��N�

(a) ��e Contractor s�a�� neit�er see� nor acce�t instr�ctions fro� an� a�t�orit� e�terna� to t�e

Co��ission in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� ��e Contractor s�a�� refrain fro� an� action ��ic� �a� ad�erse�� affect t�e Co��ission and s�a�� f��fi� its co��it�ents �it� t�e f��est re�ard to t�e interests of t�e Co��ission�

(�)of t�e Contractor s�a�� at a�� ti�es� o�e� and confor� to a�� re��ests aofficia�s and t�e �nited �ations �ec�rit� �taff�

�.F�� E��EE�

��e Contractor s�a�� e res�onsi��e for t�e �rofessiona� and tec�nica� co��etence of its e��o�ees and �i�� se�ect� for t�e �erfor�ance �nder t�e Contract� re�ia��e indi�id�a�s ��o �i�� erfor� effecti�e�� in t�e i��e�entation of t�e Contract� res�ect t�e �oca� c�sto�s and confor� to a �i�� standard of �ora� and et�ica� cond�ct�

�. A��N�EN� �F �E��NNE�

(a) ��e Contractor s�a�� not re��ace or �it�dra� an� �ersonne� referred to in t�e Contract for t�e �erfor�ance of t�e �er�ices �it�o�t t�e �rior �ritten a��ro�a� of t�e Co��ission or �n�ess re��ested �� t�e Co��ission�

(�) �rior to assi�n�ent� re��ace�ent or �it�dra�a� of �ersonne� for t�e �erfor�ance of t�e �er�ices� t�e Contractor s�a�� s��it to t�e Co��ission for its consideration� t�e c�rric�� itae or detai�ed ��stification to �er�it e�a��ation �� t�e Co��ission of t�e i��act ��ic� s�c� assi�n�ent� re��ace�ent or �it�dra�a� �o��d �a�e on t�e �er�ices�

(c) �n t�e e�ent of �it�dra�a� of �ersonne�� a�� costs and additiona� e��enses res��tin� fro� t�e re��ace�ent� for

s�a�� e for t�e acco�nt of t�e Contractor� ��c� �it�dra�a� s�a�� not �e considered as ter�ination in �art or in ��o�e of t�e Contract�

�. ��NF�� F �N�E�E��

�o e��o�ee� officer� ad�iser� a�ent and�or s��contractor of t�e Contractor assi�ned to �erfor� �er�ices �nder t�e Contract s�a�� en�a�e� direct�� or indirect�� in an� ��siness� �rofession or occ��ation connected or re�ated to t�e �er�ices or Goods to �e �ro�ided �nder t�e Contract if t�is constit�tes a conf�ict of interest�

ANNEX A

�

�. �N��AN�E�

(a) ��e Contractor s�a�� ro�ide and t�ereafter �aintain a��ro�riate ins�rance� or its e��i�a�ent� �it� res�ect to its e��o�ees to co�er c�ai�s for �ersona� in��r� or deat� in connection �it� t�e Contract�

(�) ��e Contractor s�a�� ro�ide and t�ereafter �aintain ins�rance a�ainst a�� ris� in res�ect of its �ro�ert� and an� e��i��ent �sed for t�e e�ec�tion of t�e Contract�

(c) ��e Contractor s�a�� a�so �ro�ide and t�ereafter �aintain �ia�i�it� ins�rance in an ade��ate a�o�nt to co�er t�ird �art� c�ai�s for deat�� odi�� in��r�� oss of and da�a�e to �ro�ert� arisin� fro� an� o�erations carried o�t �� t�e Contractor in �erfor�in� its o��i�ations in connection �it� t�e Contract or fro� o�eration of an� �e�ic�es� �oats� air��anes and ot�er e��i��ent o�ned or �eased �� t�e Contractor or its a�ents� ser�ants� e��o�ees or s��contractors�

(d) ��ce�t for ins�rance �entioned in �ara�ra�� (a)� t�e ins�rance �o�icies �nder t�is c�a�se s�a��(i) �a�e t�e Co��ission as additiona� �eneficiar�� (ii)

ri��ts to t�e ins�rance carrier a�ainst t�e Co��ission�

(e) ��e Contractor s�a�� on re��est� �ro�ide t�e Co��ission �it� satisfactor� e�idence of t�e ins�rance re��ired �nder t�e Contract�

(f) �n� a�o�nts not ins�red� not reco�ered fro� or not c�ai�ed �� t�e ins�rer s�a�� e �orne �� t�e Contractor�

(�) �nfor�ation concernin� red�ction of co�era�e s�a�� e f�rnis�ed �� t�e Contractor to t�e Co��ission �it� at �east t�irt� (��) da�s �rior �ritten notice�

(�) ��e Contractor �nderta�es t�at �ro�isions to t�e sa�e effect as t�e �ro�isions in s��c�a�ses (a) t�ro�� (c) a�o�e �i�� e inserted in a�� s��contracts �ade in �erfor�ance of t�e Contract� e�ce�t s��contracts e�c��si�e�� for f�rnis�in� Goods�

1�. EN��AN�E��EN�

��e Contractor s�a�� not ca�se or �er�it an� �ien� attac��ent or ot�er enc��rance �� an� �erson to �e ��aced on fi�e in an� ��ic office or on fi�e �it� t�e Co��ission a�ainst an� �onies d�e or to �eco�e d�e for an� �er�ices or Goods �ro�ided �nder t�e Contract� or �� reason of an� ot�er c�ai� or de�and a�ainst t�e Contractor�

11.��E��AN�E �F ��E �A�

(a) ��e Contractor s�a�� co�� it� a�� a�s� ordinances� r��es and re��ations� inc��din� ��t not �i�ited to �ea�t�� en�iron�enta� and �a�o�r �a�s �earin� ��on t�e �erfor�ance of its o��i�ations �nder t�e ter�s of t�e Contract�

(�) �n �artic��ar� t�e Contractor s�a�� co�� it� t�e �a�o�r �a�s of t�e co�ntr� in ��ic� t�e �er�ices or Goods are to �e f�rnis�ed �ro�idin� for �enefits co�erin� in��r� or deat� in t�e co�rse of e��o��ent�

1�.��NF�DEN��A��

(a) �� tec�nica�� financia� or ot�er doc��entation and data t�e Contractor co��i�ed for or recei�ed fro� t�e Co��ission �nder t�e Contract s�a�� e treated as confidentia� and s�a�� e de�i�ered on�� to t�e

�er�ices or as re��ested �� t�e Co��ission�(�) �it�er �art� ac�no��ed�es t�at a�� no��ed�e and

infor�ation concernin� t�e ot�er �art� t�at �a� �e ac��ired in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� inc��din� ��t not �i�ited to� an� infor�ation re�atin� to its o�erations and �roced�res� are confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� and it s�a�� recei�e s�c� confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� in confidence and s�a�� not disc�ose or �er�it disc�os�re of an� s�c� �no��ed�e or infor�ation to an� �erson and�or entit� �it�o�t t�e �rior �ritten consent of t�e ot�er �art��

(c) ��e Contractor s�a�� not� at an� ti�e� �se s�c� confidentia� infor�ation to its o�n ad�anta�e�

(d) ��e restrictions on confidentia�it� s�a�� not a�� to t�e infor�ation ��ic��(i) �resent�� is in t�e ��ic do�ain�(ii) �ereafter �eco�es �art of t�e ��ic do�ain �it�o�t

(iii) �as in t�e �ossession of t�e ot�er �art� at t�e ti�e of t�e disc�os�re� as s�o�n �� ritten e�idence�

(i�) is disc�osed to t�e ot�er �art� at an� ti�e �ereafter �� a t�ird �art��

(�) is re��ired to �e disc�osed to �o�ernin� �odies� or to �o�ern�enta� a�t�orities to t�e e�tent re��ired �� a� or to o�tain needed a�t�ori�ation to �erfor� t�e Contract or ��rs�ant to re�ortin� re��ire�ents i��osed �� t�ose �o�ernin� �odies or t�e �o�ern�ent of t�e �tate of t�e Contractor�

(e) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract �� t�e Co��ission�

1�.�AN��A�E�� E�� AND �EA��E�

�n�ess ot�er�ise s�ecified in t�e Contract� t�e �n��is� �an��a�e s�a�� e �sed �� t�e Contractor in a�� ritten co��nications to t�e Co��ission �it� res�ect to t�e �er�ices or Goods to �e �ro�ided and a�� doc��ents �roc�red or �re�ared �� t�e Contractor� ��e Contractor s�a�� se �etric �nits� e�ce�t ��en ot�er�ise s�ecified in t�e Contract�

1�.��

(a) ��e Contractor s�a�� not ad�ertise or ot�er�ise �a�e ��ic t�e fact t�at it is �ro�idin� or �as �ro�ided �er�ices and Goods for t�e Co��ission� ��so� t�e Contractor s�a�� not� in an� �anner ��atsoe�er� �se t�e na�e� e��e� or officia� sea� of t�e Co��ission or an� a��re�iation of t�e na�e of t�e Co��re�ensi�e ��c�ear��est��an �reat� �r�ani�ation in connection �it� its ��siness or ot�er�ise�

(�) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract�

�

1�.�FF��A� N�� ENEF��N��N�EN� FEE�

(a) ��e Contractor �arrants t�at�(i) �o �erson or se��in� a�enc� �as �een e��o�ed or

retained �� it to so�icit or sec�re t�e Contract ��on an a�ree�ent or �nderstandin� for a co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer� e�ce�t re��ar e��o�ees or �ona fide and officia�� esta��is�ed co��ercia� or se��in� a�encies �aintained �� t�e Contractor for t�e ��r�ose of sec�rin� ��siness�

(ii) �o officia� or ser�ant or retired e��o�ee of t�e Co��ission ��o is not a re��ar e��o�ee of t�e Contractor� �as �een or s�a�� e ad�itted �� t�e Contractor to an� direct or indirect �enefit arisin� fro� t�e Contract or t�e a�ard t�ereof�

(�) �n case of �reac� �� t�e Contractor of t�e �arranties referred to in �re�io�s c�a�ses� t�e Co��ission s�a�� a�e t�e ri��t to ded�ct fro� t�e Contract �rice� or ot�er�ise reco�er fro� t�e Contractor� t�e f�� a�o�nt of an� s�c� co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer so �aid�

1�. �N�E��E��A� ��E�� AND ��E� ��E�A��

(a) ��ce�t to t�e e�tent t�e Contractor �as �ranted a �icense to t�e Co��ission� t�e Co��ission� s�a�� e entit�ed to a�� inte��ect�a� �ro�ert�� inc��din� ��t not �i�ited to co��ri��ts� �atents and trade�ar�s� �it� re�ard to �rod�cts� doc��ents or ot�er �ateria�s ��ic� �ear a direct re�ation to or are �rod�ced or co��ected �nder t�e Contract� ��e Contractor s�a�� ta�e a�� necessar� ste�s� �re�are and �rocess a�� necessar� doc��ents and assist in sec�rin� s�c� �ro�ert� ri��ts and transferrin� t�e� to t�e Co��ission and�or to t�e �o�ern�ent ��ere t�e �er�ices or Goods are to �e �ro�ided� in co��iance �it� t�e re��ire�ents of t�e a��ica��e �a��

(�) ��e Contractor dec�ares t�at it does not �no� of an� inte��ect�a� �ro�ert� ri��ts of t�ird �arties� ��ic� �i��t �e infrin�ed in t�e e�ec�tion of t�e Contract� ��o��d� contrar� c�ai�s �e raised a�ainst t�e Co��ission c�ar�in� it �it� infrin�e�ent of inte��ect�a� �ro�ert� ri��ts� t�e Contractor s�a�� o�d �ar��ess t�e Co��ission and s�a�� inde�nif� it to t�e f�� e�tent of an� da�a�es or a�ards arisin� fro� s�c� c�ai�s� ��is o��i�ation of t�e Contractor s�a�� contin�e to �e in f�� force and effect �� to t�e e��iration of s�c� inte��ect�a� �ro�ert� ri��ts�

(c) ��e Co��ission s�a�� i�e t�e Contractor d�e notice in �ritin� of an� c�ar�es of infrin�e�ent �ro��t a�ainst t�e Co��ission and of t�e fi�in� of an� s�it for infrin�e�ent of inte��ect�a� �ro�ert� ri��ts of t�ird �arties d�e to t�e e�ec�tion of t�e Contract� and��it�o�t �re��dice to t�e i��nit� en�o�ed �� t�e Co��ission as an internationa� or�ani�ation fro� e�er� for� of �e�a� �rocess� inc��din� enforce�ent and e�ec�tion� t�e Co��ission s�a�� i�e t�e Contractor t�e o��ort�nit� to defend t�e Co��ission a�ainst t�e said s�it at its discretion and s�a�� not�

�ritin�� a�e an� ad�ission or consent to an� c�ai� of an� t�ird �art��

�osition�

1�.DEFA�� E ��N��A��

(a) �n case t�e Contractor fai�s to f��fi� its o��i�ations and res�onsi�i�ities �nder t�e Contract and �ro�ided t�e Contractor �as not re�edied s�c� fai��re(s) �it�in t�irt� (��) da�s of �a�in� �een �i�en �ritten notification �� t�e Co��ission of t�e nat�re of t�e fai��re(s)� t�e Co��ission �a�� at its entire discretion and �it�o�t �re��dice to its ri��t to �it��o�d �a��ent(s)� �o�d t�e Contractor in defa��t �nder t�e Contract�

(�) ��en t�e Contractor is t��s in defa��t� t�e Co��ission �a�� i�in� �ritten notice to t�e Contractor� ter�inate t�e Contract as a ��o�e or s�c� �art or �arts t�ereof in res�ect of ��ic� t�e Contractor is in defa��t� ��on s�c� notice� t�e Co��ission s�a�� a�e t�e ri��t

�art or t�ose �arts of t�e Contract �it� res�ect to ��ic� t�e Contractor is in defa��t�

(c) ��e Contractor s�a�� in t�is case� �e so�e�� res�onsi��e for an� reasona��e costs of co��etion of t�e �er�ices and�or de�i�er� of Goods� inc��din� s�c� costs� ��ic� are inc�rred �� t�e Co��ission o�er and a�o�e t�e ori�ina�� a�reed Contract �rice�

1�.��D�N� �F �A��EN�

(a) ��e Co��ission �a� �it��o�d an� �a��ent to t�e Contractor or� on acco�nt of s��se��ent�� disco�ered e�idence� n��if� t�e ��o�e or �art of an� �a��ent a��ro�a� t�eretofore �i�en� to s�c� an e�tent as �a� �e necessar� to �rotect t�e Co��ission fro� �oss �nder t�e Contract on acco�nt of�(i)

or to �a�e ade��ate �ro�ress �it� t�e o��i�ations� e�ce�t for fai��re arisin� o�t of force �a�e�re�

(ii)�erfor�ance� ��en s�c� fai��re �as �een dra�n to �is attention �� t�e Co��ission�

(iii)re�orts re��ired�

(�) ��e �it��o�din� �� t�e Co��ission of an� interi� n to

contin�e �erfor�ance of �is o��i�ations �nder t�e Contract�

(c) �o interest s�a�� accr�e on �a��ents e�ent�a�� it��e�d �� t�e Co��ission in a��ication of t�e sti��ations of t�is �ara�ra��

1�.��DA�ED DA�A�E�

��ect to C�a�se �� e�o� (force �a�e�re)� if t�e Contractor fai�s to de�i�er an� or a�� of t�e �er�ices and�or Goods �it�in t�e �atest ti�e �eriod(s) s�ecified in t�e Contract� t�e Co��ission �a�� it�o�t �re��dice to its ot�er re�edies �nder t�e Contract� ded�ct fro� t�e Contract �rice as �i��idated da�a�es� a s�� e��i�a�ent to �� er cent of t�e �ortion of t�e Contract �rice for t�e de�a�ed �er�ices and�or Goods for eac� �or�in� da� of

�

de�a� �nti� act�a� �erfor�ance� �� to a �a�i�� of si�t� (��) �or�in� da�s� ��e reco�er� �� t�e Co��ission of �ro�en da�a�es s�a�� not �e e�c��ded�

��.F��E �A�E��E

(a) �orce �a�e�re as �sed �erein s�a�� ean acts of God� ind�stria� dist�r�ances� acts of t�e ��ic ene�� ci�i� dist�r�ances� e��osions and an� ot�er si�i�ar ca�se of e��i�a�ent force not ca�sed �� nor �it�in t�e contro� of eit�er �art� and ��ic� neit�er �art� is a��e to o�erco�e�

(�) �s soon as �ossi��e after t�e occ�rrence of an� ca�se constit�tin� force �a�e�re� t�e Contractor s�a�� i�e notice and f�� artic��ars in �ritin� to t�e Co��ission of s�c� force �a�e�re if t�e Contractor is t�ere�� rendered �na��e� ��o�� or in �art� to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract�

(c) �n t�is e�ent� t�e fo��o�in� �ro�isions s�a�� a��(i) ��e o��i�ations and res�onsi�i�ities of t�e

Contractor �nder t�e Contract s�a�� e s�s�ended to t�e e�tent of its ina�i�it� to �erfor� t�e� and for as �on� as s�c� ina�i�it� contin�es�

(ii) ��e ter� of t�e Contract s�a�� e e�tended for a �eriod e��a� to t�e �eriod of s�s�ension ta�in�� o�e�er� into acco�nt an� s�ecia� conditions ��ic� �a� ca�se t�e ti�e for co��etion of t�e o��i�ations to �e different fro� t�e �eriod of s�s�ension�

(iii) �f t�e Contractor is rendered �er�anent�� na��e� ��o�� or in �art� �� reason of force �a�e�re to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract� t�e Co��ission s�a�� a�e t�e ri��t to ter�inate t�e Contract on t�e sa�e ter�s and conditions as are �ro�ided for in t�e �er�ination C�a�se of t�e Contract� e�ce�t t�at t�e �eriod of notice �a� �e se�en (�) da�s instead of t�irt� (��) da�s�

i�) �or t�e ��r�ose of t�e �recedin� s��c�a�se� t�e Co��ission �a� consider t�e Contractor �er�anent�� na��e to �erfor� in case of an� �eriod of s�s�ension in e�cess of ninet� (��) da�s� �n� s�c� �eriod of ninet� (��) da�s or �ess s�a�� e dee�ed te��orar� ina�i�it� to �erfor��

�1. �N��EN�� AND �AN��

��o��d t�e Contractor �e inso��ent� ad��d�ed �an�r��t� or s�o��d t�e Contractor �a�e a �enera� assi�n�ent for t�e �enefit of its creditors� or s�o��d a recei�er �e a��ointed on

�a�� it�o�t �re��dice to an� ot�er ri��t or re�ed� it �a� �a�e �nder t�e ter�s of t�e Contract� ter�inate t�e Contract fort��it� �� i�in� t�e Contractor �ritten notice of s�c� ter�ination�

��. �NDE�N�F��A��N

��e Contractor s�a�� inde�nif�� o�d and sa�e �ar��ess and defend at its o�n e��ense t�e Co��ission� its officers� a�ents� ser�ants and e��o�ees fro� and a�ainst a�� s�its� c�ai�s� de�ands and �ia�i�it� of an� nat�re or �ind� inc��din� cost and e��enses arisin� o�t of acts or o�issions

of t�e Contractor or its e��o�ees or s��contractors in t�e �erfor�ance of t�e Contract� ��is re��ire�ent s�a�� e�tend� inter a�ia� to c�ai�s or �ia�i�ities in t�e nat�re of

�ertainin� to inte��ect�a� �ro�ert� ri��ts� ��e o��i�ations �nder t�is c�a�se do not �a�se ��on ter�ination of t�e Contract�

��.A��A��E �E��E�EN�

��e �arties s�a�� se t�eir �est efforts to sett�e a�ica�� t�ro�� ne�otiation an� dis��te� contro�ers� or c�ai� arisin� o�t of� or re�atin� to� t�e Contract or t�e �reac�� ter�ination or in�a�idit� t�ereof� �f t�e �arties cannot reac� s�c� a�ica��e sett�e�ent t�ro�� ne�otiations� t�e �atter s�a�� first �e referred to conci�iation� �� a re��est �� eit�er �art� for conci�iation �roced�res� ��e conci�iation s�a�� ta�e ��ace in accordance �it� t�e �nited �ations Co��ission on �nternationa� �rade �a� (��C��) Conci�iation ��es t�en �re�ai�in�� or accordin� to s�c� ot�er �roced�re as �a� �e a�reed �et�een t�e �arties� �it�in a ti�e �eriod of ninet� (��) da�s� ��ere s�a�� e one conci�iator� ��e conci�iation s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

��.A��A��N

(a) �n t�e e�ent of a fai��re to reac� an a�ica��e sett�e�ent in accordance �it� C�a�se �� a�o�e (a�ica��e sett�e�ent)� an� dis��te arisin� o�t of t�e inter�retation or a��ication of t�e ter�s of t�e Contract or an� �reac� t�ereof s�a�� e sett�ed in accordance �it� t�e ar�itration r��es esta��is�ed �� C�� as at �resent in force� ��e n��er of ar�itrators s�a�� e one� ��e ar�itration s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

(�) ��e ar�itrator s�a�� ta�e into acco�nt t�e internationa�� reco�ni�ed �enera� �rinci��es of co��ercia� transactions� ��e ar�itrator s�a�� a�e no a�t�orit� to a�ard ��niti�e da�a�es� nor to a�ard interest in e�cess of fi�e (�) �er cent� and an� s�c� interest s�a�� e si��e interest on�� e �arties s�a�� e �o�nd �� an� ar�itration a�ard rendered as a res��t of s�c� ar�itration as t�e fina� ad��dication of an� s�c� dis��te�

��.��E�E� AND ��N��E�

�ot�in� in or re�atin� to t�e Contract s�a�� e dee�ed a �ai�er of an� of t�e �ri�i�e�es and i��nities of t�e Co��ission and its e��o�ees�

��. �A� E�E��N

�n �rinci��e� t�e Co��ission is e�e��t fro� a�� a�es� �ince t�e arran�e�ent �nder ��ic� s�c� e�e��tion is res�ected �aries fro� co�ntr��to�co�ntr�� t�e Contractor s�a�� co��a�orate �it� t�e Co��ission to ac�ie�e �a� e�e��tion at so�rce or to ��rs�e rei��rse�ent of �a�es �aid �� t�e Co��ission� as t�e case �a� �e�

��.�E��NA��N

��e Co��ission �a� ter�inate t�e Contract in ��o�e or in �art� and at an� ti�e� ��

ter�ination to t�e Contractor� �n t�e e�ent s�c� ter�ination

Co��ission s�a�� e �ia��e to t�e Contractor for �a��ent in res�ect of �er�ices a�read� satisfactor� acco��is�ed or Goods de�i�ered and acce�ted and in confor�it� �it� t�e ter�s of t�e Contract� for necessar� ter�ina� e��enses of t�e Contractor� and for t�e cost of s�c� �r�ent �or� as is essentia� and as t�e Contractor is as�ed �� t�e Co��ission to co��ete� ��e Contractor s�a�� ee� e��enses at a �ini�� and s�a�� not �nderta�e an� for�ard co��it�ent

ter�ination�

��.��D�

�n t�e e�ent t�at t�e Contract re��ires t�e Contractor to s�� Goods� t�e fo��o�in� c�a�ses s�a�� a�� in addition to t�e a�o�e�

��.�A��AN��

(a) ��e Contractor �arrants t�at t�e Goods� inc��din� �ac�a�in�� confor� to t�e s�ecifications for t�e Goods ordered �nder t�e Contract and are fit for t�e ��r�ose for ��ic� s�c� Goods are ordinari�� sed and for ��r�oses e��ress�� ade �no�n to t�e Contractor �� t�e Co��ission� and are ne� and free fro� defects in desi�n� �or��ans�i� and �ateria�s�

(�) ��is �arrant� s�a�� re�ain �a�id for t�ent��fo�r (��) �ont�s after t�e Goods or an� �art t�ereof �a�e �een de�i�ered and acce�ted� ��ic�e�er is �ater� �n�ess t�e Contractor �as �ranted a �on�er �eriod� ��o��d t�e Co��ission transfer t�e tit�e of t�e Goods to a t�ird �art� d�rin� t�e �arrant� �eriod� t�e ri��t to en�o� t�e �arrant� s�a�� e transfera��e to t�e ne� tit�e��o�der�

(c) �f� d�rin� t�e �arrant� �eriod �entioned in ��c�a�se (�) a�o�e� t�e Goods or an� �art t�ereof are fo�nd to �e defecti�e or not in confor�it� �it� t�e s�ecifications �nder t�e Contract� t�e Contractor s�a�� on notification� �ro��t�� and at its o�n e��ense correct a�� s�c� defects and non�confor�ities� �f t�ese defects and non�confor�ities cannot �e corrected� t�e Co��ission s�a�� a�e t�e ri��t� at t�e Contractor�s e��ense� to eit�er de�and re��ace�ent of t�e defecti�e ite�� or recei�e a��ro�riate rei��rse�ent� or �a�e t�e defecti�e ite� re�aired or ot�er�ise �roc�red fro� a t�ird �art��

��. �N��E��N� AND �E��

(a) ��e Co��ission s�a�� a�e t�e ri��t to ins�ect and�or to test t�e Goods to confir� t�eir confor�it� to t�e tec�nica� s�ecifications� ��e tec�nica� s�ecifications s�a�� s�ecif� ��at ins�ections and tests t�e Co��ission re��ires�

(�) ��e ins�ections and tests �a� �e cond�cted on t�e �re�ises of t�e Contractor or its s��contractor(s)� at a �oint of de�i�er� desi�nated �� t�e Co��ission and�or

�i�e a�� reasona��e faci�ities and assistance�inc��din� dra�in�s and �rod�ction data�to t�e Co��ission at no c�ar�e to t�e Co��ission�

(c) ��o��d an� ins�ected or tested Goods fai� to confor� to t�e tec�nica� s�ecifications� t�e Co��ission reser�es t�e ri��t to re�ect t�e� and t�e Contractor s�a�� eit�er re��ace t�e re�ected Goods or �a�e a�� a�terations necessar� to �eet s�ecification re��ire�ents free of cost to t�e Co��ission�

(d)

t�e �oint of de�i�er� desi�nated �� t�e Co��ission or

or �ai�ed �� reason of t�e Goods�een ins�ected� tested and �assed �� t�e Co��ission�

(e) �ot�in� in t�is �ection on �ns�ections and �ests s�a�� in an� �a� re�ease t�e Contractor fro� an� �arrant� or ot�er o��i�ations �nder t�e Contract�

(f) �� e��i��ent��ateria� s��ied �nder t�e Contract �a� �e s��ect to �re�s�i��ent ins�ection �� a t�ird �art� to �e s�ecified �� t�e Co��ission� ��e Contractor is not �ia��e for cost of t�is ins�ection�

��.�A��N�

��e Contractor s�a�� co�� or ens�re co��iance �it� t�e fo��o�in� �ro�isions concernin� �ac�in��

(a) ��e Goods s�a�� e �ac�ed as is re��ired to �re�ent t�eir da�a�e or deterioration d�rin� transit to t�eir fina� destination� ��e �ac�in� s�a�� e s�fficient to �it�stand� �it�o�t �i�itation� ro�� and�in� d�rin� transit�

(�) �n t�e case of a cross��order s�i��ent� t�e Goods s�a�� a�e a��ro�riate e��ort �ac�in�� f necessar�� a�� cases�crates ��st �e �ra��ed inside �it� �ea��d�t� ��astic �ined �a�er� s�o��d �e stee��stra��ed and ��st �e a��e to �it�stand to�� and�in�� ids for tr�c� �and�in� are i��erati�e if t�e �ross �ei��t is �ore t�an �� i�o�ra�s�

(c) ��e consi�n�ent s�a�� e �ar�ed and s�i��ed as �er address s�o�n on t�e ��rc�ase �rder �or��

(d) �eit�er �artia� de�i�er� nor trans�i��ent s�a�� e �ade �n�ess s�ecifica�� a�reed �� t�e Co��ission in �ritin��

(e) �ac� case�crate��ac�a�e s�a�� carr� a consec�ti�e n��er� di�ensions� �o��e� and �ei��t (i�e� Case �o� � of � cases� � � � � C c�� ) and s�a�� e �ar�ed as fo��o�s�

�� C�� C�� C�� G��oint of de�i�er��

��C�� G�� G�� G��

(f) �ar�in�s s�a�� e done �it� �eat�er�roof �ateria�s� �� non�containeri�ed Goods s�a�� e s�i��ed �e�o� dec��

(�) �ac� case�crate�carton s�a�� carr� (o�tside) a co�� of t�e �ac�in� �ist descri�in� t�e contents of t�e case�crate�carton� ��tside Case �o� � s�o��d �e

�

attac�ed �it� in�oice co�erin� t�e act�a� de�i�er�� e acco��an�in� �a�ers ��st �e �ade o�t in t�e �n��is� �an��a�e�

(�) �rior to de�i�er�� a fa� (or a �etter �� co�rier ser�ice) s�a�� e sent to t�e consi�nee� if an�� ad�isin� of t�e fo��o�in��

��rc�ase order�Contract n��er��a��i�� n��er or e��i�a�ent reference n��er of t�e s�i��ent (if an�)�n��er of �o�es�cartons�crates�etc��esti�ated ti�e of de�art�re (��)��oint of de�art�re and na�e of frei��t carrier�esti�ated ti�e of arri�a� (��) to fina� destination�

(i) ��e fo��o�in� doc��ents s�a�� e enc�osed �it� t�e s�i��ent in case of s�i��in� �� air�

air�a� �i��rofor�a or co��ercia� in�oice��ac�in� �ist�

(�) ��e a�o�e doc��ents are indis�ensa��e and ��st reac� t�e consi�nee� if an�� on ti�e to �er�it c�sto�s c�earance and in order to a�oid de��rra�e c�ar�es�

�1.DE��E�� AND ��AN��A��N

(a) �e�i�er� of t�e Goods s�a�� e �ade �� t�e Contractor in accordance �it� t�e ter�s s�ecified in t�e Contract� and t�e Goods s�a�� re�ain at t�e ris� of t�e Contractor �nti� de�i�er� �as �een co��eted�

(�) �rans�ort of t�e Goods to t�e �ort of disc�ar�e or s�c� ot�er �oint in t�e co�ntr� of destination and�or for�ardin� to t�e consi�nee� if an�� (door�to�door) s�ecified in t�e Contract s�a�� e arran�ed and �aid for �� t�e Contractor and t�e cost t�ereof s�a�� e inc��ded in t�e Contract �rice�

��.�A�E��E��AND��E�

��on s�ccessf�� co��etion of de�i�er� or of insta��ation and a testin� and e�a��ation �eriod� as s�ecified in t�e Contract� res�onsi�i�it� for t�e Goods �i�� e �anded o�er to t�e consi�nee or ot�er desi�nated entit��

��.E�� EN�E�

�f an e��ort �icence or an� ot�er �o�ern�enta� a�t�ori�ation is re��ired for t�e Goods� it s�a�� e t�e o��i�ation of t�e Contractor to o�tain s�c� �icence or �o�ern�enta� a�t�ori�ation� �n t�e e�ent of fai��re to o�tain s�c� �icence or a�t�ori�ation �it�in reasona��e ti�e� t�e Co��ission �a� dec�are t�e Contract n�� and �oid�

��.��A�E �A��

�n accordance �it� t�e Contract� t�e Contractor �a� �e re��ired to �ro�ide an� or a�� of t�e fo��o�in� �ateria�s and notifications �ertainin� to s�are �arts �an�fact�red and�or distri��ted �� t�e Contractor�

(a) ��c� s�are �arts as t�e Co��ission �a� c�oose to ��rc�ase fro� t�e Contractor� �ro�ided t�at t�e Contractor is not re�ie�ed of an� �arrant� o��i�ations �nder t�e Contract�

(�) �n t�e e�ent of ter�ination of �rod�ction of t�e s�are after de�i�er� of t�e Goods�(i) ad�ance notification to t�e Co��ission of t�e

�endin� ter�ination� in s�fficient ti�e to �er�it t�e Co��ission to ��ace a fina� order�

(ii) fo��o�in� s�c� ter�ination� f�rnis�in� at no cost to t�e Co��ission� t�e ��e�rints� dra�in�s and s�ecifications of t�e s�are �arts� if and ��en re��ested�

��. �N��ED NA��N� ��N�EN��N �N ��N��A�� F�� E �N�E�NA��NA� �A�E �F ��D�

��estions concernin� �atters arisin� �nder t�e Contract� ��t not sett�ed in it� s�a�� e sett�ed in confor�it� �it� t�e �nited �ations Con�ention on Contracts for t�e �nternationa� �a�e of Goods (�ienna� ��)� ��ic� s�a�� e a��ica��e to t�e Contract� ��e a��ica��e �an��a�e �ersion of t�e Con�ention s�a�� e t�e �ersion in ��ic� t�e Contract is �ritten�

� ��ri� ��

Confidentiality Undertaking

Annex B

I, <contractor personnel>, <contractor company>, assigned as technical point of contact under the

Purchase Order of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty

Organization (the “Organization” or “CTBTO”) (Ref. Purchase Order No. ..............) in connection with

the project entitled “Services to Document the Technical Development of Selected Radionuclide

Related Techniques for On Site Inspections”, undertake to abide by the following terms and

conditions.

In respect of any documentation, data or information, whether written, oral or otherwise, provided

to me or which I may acquire for purposes of the Purchase Order (the “Information”):

1. I shall not copy and/or reproduce, or permit the copying and/or reproduction of, the

information, other than in conjunction with the performance of my work under the Purchase

Order.

2. I shall not provide, communicate or disclose, or permit the provision, communication or

disclosure of, the information, either directly or indirectly, to any legal or natural person,

unless in conjunction with the work under the Purchase Order or with the prior written

consent of the Commission.

3. I shall not use the Information for any purposes other than for the performance of the work

under the Purchase Order and shall return to the Commission all documentation received

(and any copies made), upon conclusion of the Purchase Order for any reason or at the

request of the Commission.

4. I shall indicate to the Commission any commercial relation with any former, current or

future bidder in work related to the "Services to Document the Technical Development of

Selected Radionuclide Related Techniques for On Site Inspections" project. I shall refrain

from evaluating any Technical Proposal of such a bidder so as to avoid a conflict of interest

in the performance of the work under the Purchase Order. I shall not communicate in any

manner with any bidder without the Commission’s prior authorization.

5. I shall treat the Information as confidential and take all reasonable steps to ensure that no

unauthorized person gains access to the information in my possession, and shall inform the

Commission immediately if I learn that a person not duly authorized has gained access to it.

6. The obligations hereunder shall remain in force even after the expiration/termination of the

Purchase Order.

7. The termination of the Purchase Order for any cause shall not affect my obligations towards

the Commission under this Confidentiality Undertaking.

Agreed and acknowledged by: Witnessed by the undersigned:

<Contractor personnel>(Contractor Company) Date CTBTO Witness Signature Date

Witness name:

ANNEX C

TERMS OF REFERENCE

SERVICES TO DOCUMENT THE TECHNICAL DEVELOPMENT OF SELECTED RADIONUCLIDE RELATED TECHNIQUES FOR ON-

SITE INSPECTIONS 1. BACKGROUND The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization with its headquarters in Vienna (hereinafter referred to as “the Commission”) is the international organization mandated to establish the global verification system foreseen under the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which is the Treaty banning any nuclear weapon test explosion or any other nuclear explosions. The Treaty provides for a global verification regime, including a network of 321 stations worldwide, a communication system, an international data centre and on-site inspections (OSI) to monitor compliance with the Treaty. Radioactivity measurements as well as sampling and analysis of radionuclide particulates and noble gases (RNNG) are amongst the OSI techniques permitted by the CTBT. The concepts and equipment used for these techniques have been developed and constantly reviewed since the beginning of the Organisation. The Commission outlines here the Terms of Reference (ToR) for “Services to Document the Technical Development of Selected Radionuclide Related Techniques for OSI” (hereinafter referred as to “Work/Services”). 2. General Requirements The Contractor shall carry out the Work/Services in accordance with these ToR and as per the Commission’s request in the most cost-efficient manner and in accordance with best practices. The Contractor shall regularly report on the progress, interim results and time estimated for the required Work/Services to the Commission. 2.1. Qualifications The personnel provided by the Contractor for this project shall have an advanced university degree in nuclear physics, nuclear engineering or a related field applicable to radionuclide or noble gas sampling and analysis. As an essential requirement, the personnel of the Contractor shall have excellent written and oral communication skills in the English language. 2.2. Experience The relevant personnel shall have knowledge and a minimum of five years of work experience in the following areas as demonstrated by proven records of achievements (e.g. reports or publication):

• Radionuclide and noble gas sampling and analysis • Nuclear explosion monitoring and CTBT verification

Relevant work experience in the field of radionuclide related OSI techniques and in international environments are additional assets. The Work/Services are to be provided on the basis of a demonstrated understanding of the CTBT and familiarity with the provisions on OSIs as well as of good knowledge of technical equipment and methods of collection, transfer, processing, and analysis of radioactive particulate and noble gas samples. 3. Communication The Commission appoints a Technical Officer as the Point of Contact (PoC) for this project, who will closely liaise with the Contractor throughout the period of this project. In this regard the Contractor shall:

• Coordinate and regularly update the Commission on all services and related activities under these ToR;

• Respond efficiently and accurately to technical and administrative questions from the Commission;

• Ensure that all communication will be in the English language and, if not in person, through e-mail, phone or video conferencing;

• Provide a written report summarizing the information gathering discussed under Technical Specifications, see Section 5;

• In the case of Remedial Actions, provide a written report, see Section 4.

The Commission reserves the right to provide comments and request revisions on any report as well as to request additional information within four weeks of receipt of a report. 4. Remedial Actions In the event that the Commission is not satisfied with the Contractor’s services as outlined in these ToR, a request for Remedial Actions regarding the relevant issues is provided in writing by the Commission and communicated to the Contractor. 5. Technical Specifications The main deliverable under these ToR is a written report with the objective to give a comprehensive overview of the technical development and today’s status of RNNG sampling and analysis for OSI, in particular regarding:

1. Status of RNNG capabilities in the context of OSI;

2. Technical development process and validation;

3. Remaining issues and plans for further development.

5.1 Aspects of report The report shall include the following aspects:

• Development planning and concept of operations; • Specifications and procedures; • Testing and evaluation of methods and equipment; • Training needs and capacity building; • Technology evaluation, refreshment and foresight.

5.2 Specific tasks This goal is to be achieved by the Contractor by performing the following tasks:

A. Gathering information about the development and status of OSI RNNG sampling and analysis capabilities by reviewing available CTBTO internal and external documents and conducting interviews with relevant experts and CTBTO staff regarding the background and findings from:

› Expert meetings and workshops; › Development approach, projects and consultancies; › Laboratory and field tests; › Training activities and exercises.

B. Synergizing all gathered and reviewed information with regard to providing concise summaries

on the following aspects: › Scenario dependent observables of relevance; › Concept of operations and integrated application of inspection techniques; › Identification and evaluation of existing techniques; › Development and testing plans; › Equipment specifications, procedures and documentation; › Data management; › Training objectives, materials, and plans; › QMS documentation; › Technology refreshment and foresight.

C. Compilation of the summaries into a report covering all aspects listed above with particular

emphasis on: › RNNG sampling and analysis capability assessment; › Summary of further improvements.

6. Timelines The project is to be delivered by the Contractor in accordance with the following milestones:

• Issuance of all summaries not later than at the end of October 2020; • Issuance of the final report not later than at the end of November 2020.

These milestones are based on the following estimates for the required person-days per task:

• Task A: 20 person-days • Task B: 50 person-days • Task C: 15 person-days

Attachment No. 1

TECHNICAL EVALUATION CRITERIA Ref No. RFQ No. 2020-0077/THORVALDSDOTTIR

PROJECT TITLE: SERVICES TO DOCUMENT THE TECHNICAL DEVELOPMENT OF

SELECTED RADIONUCLIDE RELATED TECHNIQUES FOR ON-SITE INSPECTIONS

The technical evaluation will follow each section and block of text in the technical Terms of Reference (ToR), therefore the Supplier is encouraged to include information/response to all parts of the ToR.

Section in ToR Details as per ToR Comment

2.1. Qualifications

1) The bidder shall propose personnel fulfilling the requirements of an advanced university degree in a technical subject relevant to OSI radionuclide or noble gas techniques.

2) The bidder shall propose personnel fulfilling the requirement of excellent written and oral communications in English.

Highest priority e.g. at least a master degree in nuclear physics, nuclear engineering or related field. Highest priority The proposed personnel shall demonstrate experience in writing and editing of comprehensive technical reports. Ideally, references to previous reports of relevance to the subject matter are included in the bidding. Experience in technical publishing is an asset.

2.2. Experience

1) The bidder shall propose personnel fulfilling the requirement of at least five (5) years of work experience in

RNNG sampling and analysis And

Nuclear explosion monitoring and CTBT verification

2) Work experience in OSI radionuclide techniques is an asset

3) Work experience in international

environments is an asset

Priority is given to experience in hands-on lab and field work covering all aspects of sampling and analysis Satisfied through demonstrated work on or knowledge of the subject matter Priority is given to experience in both radionuclide particulate and noble gas techniques Satisfied through active involvements in international technical networks

CTBTO Member States

Afghanistan Albania Algeria Andorra Angola Antigua and

Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African

Republic Chad Chile China Colombia Comoros Congo Cook Islands Costa Rica Cote d'Ivoire Croatia Cyprus Czech Republic Democratic

Republic of the Congo

Denmark Djibouti

Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hungary Iceland Indonesia Iran, Islamic

Republic of Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao People's

Democratic Republic

Latvia Lebanon Lesotho

Liberia Libya

State of Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mexico Micronesia,

Federated States of

Monaco Mongolia Montenegro

Republic of Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Macedonia

Republic of Norway Oman Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Republic of Niue Romania Russian Federation

Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and

the Grenadines Samoa San Marino Sao Tome and

Principe Senegal Serbia, Republic of Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands South Africa Spain Sri Lanka Sudan Suriname Sweden Switzerland Tajikistan Thailand Timor-Leste Togo Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab

Emirates United Kingdom United Republic of

Tanzania United States of

America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe

STATEMENT OF CONFIRMATION On behalf of (name of firm or organization): _______________________________, I hereby attest and confirm that: a) The firm/organization possesses the legal status and capacity to enter into legally binding

contracts with the Commission for the supply of equipment, supplies, services or work.

b) The firm/organization is not insolvent, in receivership, bankrupt or being wound up, and not under administration by a court or a judicial officer, and that it is not subject to the suspension of its business or legal proceedings for any of the foregoing reasons.

c) The firm/organization has fulfilled all its obligations to pay taxes and social security contributions.

d) The firm/organization has not, and that its directors and officers have not, within the last five years been convicted of any criminal offense related to professional conduct or the making of false statements or misrepresentations as to their capacity or qualifications to enter into a procurement or supply contract.

e) The Commission, in the event that any of the foregoing should occur at a later time, will be duly informed thereof, and in any event, will have the right to disqualify the firm/organization from any further participation in procurement proceedings.

f) The firm/organization did not/will not attempt to influence any other bidder, organization,

partnership or corporation to either submit or not submit a proposal/bid/quotation;

g) The firm/organization will not, in the absence of a written approval from the Commission, permit a person to contribute to, or participate in, any process relating to the preparation of a Quotation/Bid/ Proposal or the procurement process if the person:

a. at any time during the 12 months immediately preceding the date of issue of the

Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. at any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.

h) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) have been identified on, or associated with any individual, groups, undertakings and entities identified on, the list established pursuant to the UN Security Council Resolution 1267 (Consolidated Sanctions List).1

i) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) are subject to any form of sanction imposed by an organization or body within the United Nations System, including the World Bank.

1 The Consolidated United Nations Security Council Sanctions List can be found on the following website: https://www.un.org/securitycouncil/content/un-sc-consolidated-list

j) Neither the organization/firm, its parent entities (if any), nor any of its 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 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.

k) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) will use the funds received under contracts/purchase orders with the Commission to provide support to individuals, groups, undertakings or entities associated with terrorism.

l) The prices in the firm/organization’s proposal/bid/quotation have been arrived at

independently, without consultation, communication or agreement with any other interested companies, competitor or potential competitor with a view to restricting competition.

m) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings, if it offers, gives or agrees to give, directly or indirectly, to any current or former staff member of the Commission a gratuity in any form, an offer of employment or any other thing of service or value, as an inducement with respect to an act or a decision of, or a procedure followed by, the Commission in connection with a procurement proceeding.

n) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings if it does not disclose to the Commission any situation that may appear as a conflict of interest, and if it does not disclose to the Commission if any official or professional under contract with the Commission have an interest of any kind in the firm/organization’s business or any kind of economic ties with the firm/organization.

Name (print): _________________________ Signature: _______________________ Title/Position: ________________________ Place (City and Country): _______________________ Date: ________________________

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

VENDOR PROFILE FORM (VPF) – FOR PRODUCTS/SERVICES/WORK

1. Name of Company:

2. Street Address:

3. Telephone:

P.O. Box: City:

4. E-Mail:

Zip Code: Country:

5. Website:

6. Contact Person: Title: 7. Legal Status (e.g. Partnership, Private Limited Company, Government Institution) 8. Year Established:

9. Number of Employees:

10. Gross Corporate Annual Turnover (US$m)*: 11. Annual Export Turnover (US$m)*:

12. Type of Business/Products: Manufacturer Sole Agent Supplier Other (please explain) 13. Type of Business/Services/Work: Engineering Civil Work Governmental Institution Other (please explain) 14. References (your main customers, country, year and technical field of products, services or work): **

15. Previous Supply Contracts with United Nations Organizations (over the last 3 years)** Organization: Value in US$ Equivalent: Year: Organization: Value in US$ Equivalent: Year: 16. Summary of any changes in your company’s ownership during the last 5 years:

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

Vendor Profile Form Page 2 of 2

17. List of Products/Services/Work offered:

Product/Service/Work # Product/Service/Work Description

18. This section shall be signed and stamped by an official legally authorized to enter into contracts on behalf of your organization:

Name: Title: Signature: Date: Bank Details

Bank Name:

Bank Address:

Exact Account Holder Name:

Beneficiary Details

Beneficiary Name: (exactly as stated on bank statements)

IBAN: (if applicable)

Account number:

SWIFT/BIC:

ABA/Sort Code:

Additional Details (if applicable)

Correspondent bank:

Correspondent account number: Correspondent SWIFT/BIC:

Tax Identification Number:

FOR CTBTO USE ONLY Evaluated By: Initials Date:

Updated By: Initials Date:

Remarks: