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UNITED NATIONS CHILDREN’S FUND (UNICEF) – REQUEST FOR PROPOSAL: Systematic Review of Quantitative and Qualitative Evidence on the Situation of Nutrition in Nigeria

open-procurement

 

Date Issued:11th November, 2016

Request for Proposal:                       2016/NUT/9128767

                                                                       

REQUEST FOR PROPOSAL

 

UNITED NATIONS CHILDREN’S FUND (UNICEF) seeks to engage an individual or a firm that would be interested in Systematic Review of Quantitative and Qualitative Evidence on the Situation of Nutrition in Nigeria

 

Technical and Financial proposals should forwarded to UNICEF Nigeria supply section mail box ngrsupply@unicef.org and hard copies in sealed envelopes and should be dropped in the bid box placed in the reception room at the entrance hall of UNICEF, or be sent through courier service.

 

Address to: Supply Manger, UNICEF, Old CBN Building, Area 11, Garki, Abuja, Nigeria.

 

 

IMPORTANT – ESSENTIAL INFORMATION

 

The reference RFP – 2016/NUT/9128767 must be shown on your offer.

 

The proposal form must be used when replying to this invitation. Failure to submit your bid in the attached proposal form, or failure to complete the details as requested, will result in invalidation.

 

Offers MUST be received on or before 14:00hours Nigeria local time on 8th December, 2016 and will be publicly opened at 14:30hours Nigeria local time same day. Proposals received after the stipulated date and time will be invalidated.

 

Please visit our website www.unicef.org and download our supplier profile form (SPF) and fill same with necessary information to evaluate you

 

This request for proposal is approved by:

 

 

 

 

 

 

Michael Zanardi

Chief, Supply & Logistics Section

 

 

 

 

 

 

 

TERMS OF REFERENCE

 

Systematic Review of Quantitative and Qualitative Evidence on the Situation of Nutrition in Nigeria

 

Introduction:

It is estimated that undernutrition contributes to 45 per cent of all child deaths (Lancet 2013). Addressing malnutrition effectively is a key to meet many Sustainable Development Goal (SDG) targets in areas of poverty, hunger, nutrition, health, education, gender, work, growth and inequality. Good nutrition is a foundation of human development and it helps human beings to achieve their full potential.

 

It is reported that in 2014 alone 159 million children were stunted, 41 million were overweight and 50 million were wasted; of which severe acute malnutrition (SAM) is reported to affect 16 million children globally. This estimate is based on 778 surveys from 150 countries representing more than 90 per cent of all under-five children globally reporting on the prevalence of SAM. Undernutrition is a public health problem in Nigeria with a third of children under five years are stunted and an estimated 2.5 million are affected by SAM in 2016.  The nutrition situation in country varies significantly with the high prevalence in the northern part of the country. Therefore, there is a need for an integrated comprehensive nutrition response to achieve national and international set goals. To address this, at national level a nutrition strategic document was developed in line with the international goals. However, to address this, there is a need for interventions specific to the country and specific to different geopolitical regions of such diverse country like Nigeria.

 

The Federal Ministry of Health and United Nations Children’s Fund (UNICEF) recognizes the importance of collecting and using of high quality evidence to inform its program and strategies. The amount of nutrition related scientific literature, new evidence and findings from different assessments published each year in Nigeria is increasing considerably. There is limitation to keep abreast of all the latest findings, and even fewer have integrated the latest findings into prior work. Systematic reviews provide a robust assessment of available evidence on what works, what doesn’t and why in different context. Additionally, it helps to identify areas that future research should focuses on to address key nutrition and related indicators. This method to summarize available data reduces potential bias through comprehensive assessment of all literatures available on the topic with specific inclusion/exclusion criteria. The transparency of the process is ensured though defined decision making process based on set criteria. It helps to document the scientific evidence, provide input into program and policy decision making processes and identify further areas for research. In view of this, it is proposed to undertake a systematic review on situation of nutrition in Nigeria.

 

Justification

Systematic review and meta-analysis to summarize available data to reduce potential bias through comprehensive assessment of all literatures available on the topic with specific inclusion/exclusion criteria has a paramount importance to summarize locally available evidence.  It helps to document the scientific evidence, provide input into program and policy decision making processes and identify further areas for research. In view of this, it is proposed to undertake a systematic review on situation of nutrition in Nigeria to support the government of Nigeria.  For this reason, an experienced international consultant/firm is required to support the process.

 

Purpose of Assignment:

Under the direct supervision of Nigeria country office Chief of Nutrition and technical support from the country and regional office, the consultant/a firm is expected to produce a comprehensive protocol that is acceptable by the international standard and comprehensive Nigeria nutrition report.

The consultant will work from home in coordination with the UNICEF Nigeria country office. Based on discussion if there is a need for travel to Nigeria, the travel cost will be covered by UNCIEF.

 

Objective to which the Consultancy is created:

–           Improve the understanding of the current status of nutrition situation in the country, causes and inequities, as the basis for recommending actions.

–           Provide a comprehensive systematic review of the nutrition status of children and women in Nigeria, with a focus on stunting, wasting and double burden of malnutrition.

–           Provide detailed analysis of differences in the nutritional status of children and women in the different geo-political zones.

–           Contribute to national research and leverage UNICEF’s convening power to foster and support knowledge generation with government, civil society and private sector stakeholders.

 

The specific objectives are:

–           Overall trends and patterns of undernutrition in children and women disaggregated by relevant segments of the population and geographic zones.

–           Identify and analyse the barriers and bottlenecks that prevent women and children from benefiting from required interventions and services.

–           Analyse the extent to which gender inequalities affect children and women nutrition.

–           Analyze the extent to which the evidence-based interventions and services needed to address equity are prioritized in national policies, strategies, plans and budgets.

Duty Station:

Based at home and/or travel to Nigeria if required.

 

Major Tasks to be accomplished:

Methodology

The process to develop the nutrition situation analysis will make use of a systematic review and meta-analysis if necessary. Both quantitative and qualitative available information will be used.

Though systematic reviews use formal, explicit methods to describe and synthesis evidence, they can vary considerably in the types of questions they aim to answer. As a result, different types of evidence will be suitable for answering different questions. In addition, there are several ways of combining the findings of studies in a synthesis and different approaches are appropriate in different circumstances. However, the review process should at least include development of an analytical framework, formulating key questions, selecting inclusion/exclusion criteria, identifying search terms, searching the literature using different search engines, selecting publications for inclusion, extracting and summarizing data, rating the methodological quality of the included studies, and if adequate data is available, conducting a meta-analysis.

Successful reviewer/ review team is expected to conduct the review using internationally recognized standards and procedures such as Cochrane Collaboration (http://www.cochrane.org/), EPPI-Centre (https://eppi.ioe.ac.uk), etc.

The reviewer/review team is expected to develop a protocol that describes and explain their methods for answering the review question(s) explicitly that contains specific deliverables with support from advisory groups including UNICEF.

 

Review Team

The size of the review team will depend on the range, number and detailed nature of research question to be addressed and the scope of available literature specific to the country. It would be good to have experts providing guidance in terms of refining the research questions and identify search terms.

 

Analytic Framework

The overall organizational structure of a systematic review which includes the basic elements of the review: exposure(s), indicator marker(s), and outcome(s) of interest should be presented.

 

Research Question(s)

The question should be carefully reviewed by the reviewer/ review team to improve its clarity before commencement of systematic review. Each question should be carefully formulated using PICOS (Participants, Interventions, Comparators, Outcomes, Study Design) to match the intent of the systematic review as they determine the research term, inclusion/exclusion criteria. Prior to finalizing it is advisable to conducted assessment of available resources in the thematic area. Depending of the findings, the scope of the project may be reassessed.

 

Eligibility Criteria

The decision on inclusion/exclusion criteria should be based on the PICOS component. All studies on nutrition status of children under five years and women of reproduction age should be included given they meet other set criteria. The date should be decided based on available literature or evidence in the areas after review of the potential extent of literature.

 

Search Terms

The Medical Subject Heading (MeSH) term and EMTREE to be used for search should be identified on the basis of the question. It is encouraged that the reviewer/review team consult with experts in the domain from international recognized organization in identifying the search term to ensure that it is comprehensive enough to adequately capture all the available literature. It should also specific enough to minimize in identifying unnecessary literatures that does not address the question as excluding extraneous literature can be time consuming.

 

Information Source

To have a comprehensive review all literature meeting the inclusion criteria should be identified and multiple databases should be used for searching such as; Medline, Embase, Cochrane Library Central, PubMed, Gray Literature, unpublished program reviews, unpublished program data etc. Additionally, citations of publications from the last ten years should be reviewed to ensure the most relevant literature was identified by the search strategy. If more than a few relevant articles are identified using the latter approach the search terms should be reassessed by the research team. At all stages of the literature search it is critical to precisely document the methodology.

 

Literature Selection

Screening is initially done on the basis of abstracts as the majority of publications identified during the literature search will not meet the inclusion criteria. The inclusion/exclusion criteria should be the one that detect what to include or not. The reviewer/review team should create a flow diagram that documents information for the total number of publications identified, and the number remaining during the preliminary screening process, with particular attention to documenting publications filtered out.

 

Extract and Summarize Data

Structured form should be developed to accurately and comprehensively extract data from the included publications. The form at least include participant characteristics, study design, intervention, methods, results, statistical significance, and outcomes. It is important to include all the information necessary to answer the key questions in a format that will facilitate comparisons among studies. Data extraction is time consuming and every effort should be made to avoid having to re-extract data due to an omission. Some systematic reviews include publications of studies with very different designs, such as clinical interventions and observation cohorts. In those cases separate evidence tables may be constructed to ensure the critical components of each type of study design is adequately captured.

 

Quality Assessment

Either Cochrane Collaboration or the Grading Recommendations Assessment, Development and Evaluation (GRADE) method should be used to assess the quality of literature. The decision should be make after consultation of the team including UNCIEF Nigeria country office as the choice of which to use depends on the topic and characteristics of the review. The quality of the literature included in the review should be classified as being of either high, moderate, low or very low quality, taking into account the study design, sample size, exposure and outcome measures, random allocation procedures, inclusion of control or reference group and statistical analyses. The grading of the quality should be decided by the study design alone and other parameters mentioned above should be used and explicitly included in the repot. It is advisable that the quality assessment be performed by different people based on agreed ranking criteria and reach a consensus after review of the independent ranking to avoid any potential bias.

 

Meta-analysis

If applicable, meta-analysis should be performed by combining the data from multiple studies to derive a conclusion about the totality of the data to estimate the overall effect. Specific statistical method to be used should be included in the protocol if decided to conduct meta-analysis. However, the concern in performing and interpreting a meta-analysis is the appropriateness of combining studies that did not use identical protocols. Decisions on whether it is appropriate to combine studies must be made after initial review of literature.

 

Deliverables

The deliverables will include:

  1. A Protocol after commencing the contract and undertaking initial work, which will include

–           Background

–           Objectives

–           Methods (review team, analytical framework, eligibility criteria, research question, search term, information source, literature selection, extract, quality assessment and meta-analysis, methods of appraisal and data analysis)

–           Timeline

–           Statement of conflicts of interest

–           References.

The protocol will be registered and published either by Cochrane or EPPI-Centre.

  1. A draft report, including all elements of the final systematic review to be reviewed by experts and UNICEF internal quality assurance team.
  2. The final report, in 5 weeks from receiving comments on the draft report from UNICEF and experts reviewed the draft report. The final report should include

–           Structured abstract (background, methods, results, conclusions).

–           Executive summary

–           Background

–           Objectives

–           Methods

–           Search results

–           Details of included studies

–           Synthesis results

–           Limitations

–           Conclusions and recommendations

–           References

–           Annexes

  1. Evidence brief document maximum of 5 pages with the final repot
  2. Monthly status on the progress of the review
  3. A presentation on key findings from the final report to UNICEF and partners at the end of the study.
  4. Disseminate to encourage the wider debate and uptake of the findings in the country.
  5. All deliverables must include UNICEF branding, acknowledgement of funding and a disclaimer setting out that they are independent research products.

 

Qualifications or specialized knowledge/experience required:

Expertise and Team Composition

The reviewer/review team is expected to demonstrate sound technical expertise to carry out these reviews. This will include:

–           Knowledge on nutrition

–           Prior experience in conducting quantitative and/or qualitative systematic reviews.

–           Expertise and skills in appropriate methods that can be used to carried out systematic reviews. We expect reviewer/review team have access to relevant databases and journals for identifying and retrieving potentially relevant studies.

–           Skills to carry out data extraction and quality appraisal of included studies.

–           Expertise in synthesis methods (statistical or qualitative synthesis expertise, or mixed methods as appropriate).

 

We expect the review team to:

–           Set up an inception meeting between UNICEF and the other systematic review team to understand purposes and aims of the systematic reviews.

–           Organize a meeting with the UNICEF and other review team to discuss findings from the scoping exercise and finalize the work plan.

–           Working closely with UNICEF in planning and setting up the advisory group. Review teams should state clearly in proposals how they will involve the advisory group in the production of the systematic reviews.

 

Estimated time

The consultancy assignment is expected to take 6 months for accomplishing the tasks. This timeline is to be revised after first scoping exercise.

 

Official Travel:

All travels will be organized and the cost will be covered by UNCIEF Nigeria office, in case any travel to the country is required.

 

Computer and workspace: Consultant/ a firm will furnish own computer.  Workspace and access to internet will be supplied to consultant during work based in UNICEF Nigeria offices.

 

Fee:                                                                                                                  

We expect the review team to complete the systematic reviews within 6 months from signing the contracts to submission of the draft report. However, we expect this to vary depending on the scope of the review and the methods of synthesis employed. This could be revised in the due course. The payment will be tied to the deliverables that meets the agreed timeline and be made in four disbursements. Milestone/deliverables

 

Deliverables Payment plan
Draft protocol submitted for peer review 5%
Protocol published 10%
Draft report submitted for peer review 35%
Final report and evidence brief published and dissemination activities 50%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INSTRUCTION TO BIDDERS

 

Marking and returning of proposal

SEALED PROPOSALS must be securely closed in a suitable envelope, clearly MARKED on the outside with the RFP NUMBER and despatched to arrive at the UNICEF office indicated NO LATER THAN the CLOSING TIME AND DATE.  Proposals received in any other manner will be INVALIDATED.

Proposals shall be submitted in duplicate, in English, and shall be sealed in 1 outer and 2 inner envelopes and all envelopes shall indicate the bidders name and address. The outer envelope shall be addressed as follows:

 

UNICEF

Attn: Supply Manager

Old CBN Building, Prefab 5, Area 11, Garki, Abuja.

 

RFP#: 2016/NUT/9128767

 

DUE: 14:00 am local time on 8th December 2016

 

Technical Proposal

The first inner envelope shall be marked Technical Proposal and addressed in the same manner as the outer envelope.

 

The Bidder must provide sufficient information in the proposal to demonstrate compliance with the requirement set out in each section of this Request for Proposal.

  • the Bidder General Information form and relevant supporting documentation
  • the list of management and team staff and their CV’s;
  • a detailed organization chart of the company including the location and staffing of existing and planned offices;
  • the firm financial information
  • the list projects in Hand and their financial values (at least two)
  • a list of references (at least three) for the past five years with a particular emphasis on similar Consultancy Services
  • the list of current litigations (if any)
  • A proposed work plan and schedule of activities

 

Financial proposal

The 2nd inner envelope shall be marked Financial Proposal and addressed in the same manner as the outer envelope, and shall contain the following documentation:

  • the detailed budget

 

In ADDITION, proposal in PDF ONLY should also be send to Supply Chief ONLY by the deadline at: ngrsupply@unicef.org

 

Time for receiving proposal

Sealed Proposals received prior to the stated closing time and date will be kept unopened. The Officer of the Bid Opening Unit will open Proposals when the specified time has arrived and no Proposal received thereafter will be considered.

 

UNICEF will accept no responsibility for the premature opening of a Proposal which is not properly addressed or identified.

 

Modification to sealed Proposals already submitted in a sealed envelope, will be considered if received prior to the closing time and date.

Public opening of proposal

Bidders, or their authorized representative, may attend the public opening of the RFP at the time, date and location specified. The only envelope that will be opened at public bid opening is the Technical Proposal.

 

Validity

Proposals shall remain valid for a period of ninety (90) days from the date of closing of the Proposals.

 

Changes and/or Alterations

All requests for changes or alterations to the Request for Proposal or requests for clarifications must be submitted in writing by fax or e-mail to the UNICEF Construction Management Specialist. Information provided verbally will not be considered a fundamental change and will not alter this Request for Proposal.

 

Inquiries received less than three (3) working days prior to the Proposal closing date cannot be guaranteed any response.  Only written inquiries will receive an answer.  All inquiries and answers will be provided to all invitees in writing, regardless of the source of the inquiry.

Subcontracting

Bidders shall identify on their offer, any services, which may be subcontracted to another firm. A Technical Proposal as described hereafter must be submitted for all subcontractors and will be considered as being part of the bid.

Rights of UNICEF

UNICEF reserves the right to accept any proposal, in whole or in part; or, to reject any or all proposals.  UNICEF also reserves the right to negotiate with the Bidders. UNICEF shall not be held responsible for any cost incurred by the Bidder in preparing the response to this Request for Proposal. The Bidder agrees to be bound by the decision of UNICEF as to whether her/his proposal meets the requirements stated in this Request for Proposal. UNICEF reserves the right to award the agreement to one or more contractor(s).

 

Property of UNICEF

This Request for Proposal, inquiries and answers and the Proposals are considered the property of UNICEF.  All materials submitted in response to this Request shall remain with UNICEF.

 

Language of Proposal

The proposals prepared by the Bidder as well as all correspondence and documents relating to this document shall be written in the English Language. Any printed literature furnished by the Bidder written in another language will only be considered if accompanied by accurate English translation of the relevant passages for purposes of interpretation.

 

Proprietary Information

Information, which the Bidder considers proprietary, must be marked clearly “proprietary” next to the relevant part of the text, and UNICEF will then treat such information accordingly.

Evaluation of proposal

Following closure of the RFP, proposals will be evaluated by a UNICEF evaluation team to assess their merits. The evaluation will be restricted to the contents of the Proposals and the reference checks.

 

First, the Technical Proposals will be evaluated. The Technical Proposal was allocated a total possible value of 70 points. Technical Proposals receiving 30 points or higher, will be considered technically responsive and the Price Proposal will be opened. Proposals which are considered not technically compliant and non-responsive, will not be given further consideration.

 

The Consulting firm will be selected upon the following criteria:

  • Technical proposal (weightage 70%):

 

EVALUATION SHEET

 

No Criteria Points
1 Experience in conducting similar research worldwide and  Africa

–          Atleast 5 similar research projects conducted (3)

–          Atleast one of the research  projects conducted  must be in the water and sanitation field/Health (1)

–          Evidence of Atleast 5 published research in peer reviewed journals(2)

–          Experience working on research projects in Africa (2);

–          Partnered with a local institution(2);

 

 

10

2 Understanding of the terms of reference

–          Good understanding of research objectives and questions for all of  the components of the research project(5);

–          Good understanding of the deliverables (3)

–          Relevant comments and suggestions on ToR (2)

10
3 Proposed methodology

–          Good description of research design to be used for each  component(5);

–          Good description of the sampling procedure to be used for each  component(5);

–          Good description of the study population for each  component(5);

–          Good description of the  analysis procedure to be used for each  component (3);

–          Indication of journals where the research can be published (2)

20
4 Experience of the proposed International team

–          Team leader with 10 years’ experience in conducting social research (3)

–          Team leader with atleast three peer reviewed publications in credible journals (3)

–          Team leader with experience conducting research in  Africa (WASH, Health) (3)

–          Team members have strong qualitative and quantitative research skills and can demonstrate application of mixed methods approaches(2);

–          One team member with a University degree and experience in Geology, Water Engineering/ Civil Engineer / or related technical water and sanitation qualification. (Mandatory) (3);

15
5 Experience of the proposed local team

–          Team leader with 10 years’ experience in conducting social research (2)

–          One team member with a University degree and experience in Geology, Water Engineering/ Civil Engineer / or related technical water and sanitation qualification. (Mandatory) (2);

–          5 years proven organizational experience and expertise with conducting social research preferably WASH related research(2);

–          Team members with experience in research /survey data collection (2);

–          Local knowledge of Nigeria and Local language proficiency and cultural awareness (2);

 

10
6 Implementation Plan

–          Clear Sequencing and consistency of  research activities (3)

–          Clear Schedule of deliverables ,consistent with activities (2)

5
Total 70

 

 

Second the Financial Proposal will be evaluated. The total number of points allocated for the Financial Proposal is 30. The maximum number of points will be allocated to the lowest price proposal that is opened and compared among those bidders which obtain the threshold points in the evaluation of the Technical Proposals. All other Price Proposals shall receive points in inverse proportion to the lowest price.

 

Only Financial offers of Firms scoring at least 49 points in the technical proposal will be opened.

 

  • The financial proposal (weightage 30%) including all related fees (honorarium, daily subsistence allowance in Nigeria with all suggestions) and other estimated expenditures (logistic; international transport (flights in economic fare and terminal expensive, local flight and ground transportation, communication (telephone, mobile phones, internet…) to be reimbursed

 

The amount of the lowest financial offer will be awarded the maximum score of 30 points. And the proportionality rule will be applied to the financial offers of other Consulting firms.

 

The total number of points will be: sum of the number of points obtained in the evaluation of technical and financial offer. UNICEF reserves the right to select the most advantageous overall offer submitted by any of the Consulting firm.

 

 

UNICEF will not be held responsible for any duties, taxes or other levies including Value Added Tax for which the Firm may be liable in the course of the contract. UNICEF is exempted from all duties, taxes, or other levies must not be included in the fees as shown in the Financial Proposal.

 

The cost of all items in the Financial Proposal shall be calculated and shown in Nigerian Naira.

 

Liability and Indemnification

 

The Consultant is advised that UNICEF will not undertake any liability for taxes, duty or other contributions payable by him/her on payments made under the contract and UNICEF will not issue a statement of earnings

 

‘Indemnification’ clause of any UNICEF contract, is a part of the general terms and conditions are shared during the bidding process, At contract preparation level, these are system generated, standard insertions, including the one on “Indemnification”.

 

FURTHER RFP TERMS AND CONDITIONS

 

This RFP and any responses thereto, shall be the property of UNICEF. In submitting a proposal, the bidder acknowledges that UNICEF reserves the right to:

 

  • Visit and inspect the bidder’s premises;
  • Contact any/all referees provided;
  • Request additional supporting or supplementary information;
  • Arrange interviews with the proposed project team/consultants;
  • Reject any/all of the proposals submitted;
  • Accept any proposals in whole or in part;
  • Negotiate with the most favourable bidder;
  • Award contracts to more than 1 bidder, as UNICEF considers being in its best interests.

 

Bidders shall bear all costs associated with the preparation and submission of proposals, and UNICEF shall not be responsible for these costs, irrespective of the outcome of the bidding process.

 

 

 

 

GENERAL TERMS AND CONDITIONS

 

  1. Acknowledgment copy

Signing and returning the acknowledgment copy of a contract issued by UNICEF or beginning work under that contract shall constitute acceptance of a binding agreement between UNICEF and the Contractor.

 

  1. Delivery Date

Delivery Date to be understood as the time the contract work is completed at the location indicated under Delivery Terms.

 

  1. Payment Terms

(a)   UNICEF shall, unless otherwise specified in the contract, make payment within 30 days of receipt of the Contractor’s invoice which is issued only upon UNICEF’s acceptance of the work specified in the contract.

(b)   Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the contract.

(c)   The prices shown in the contract cannot be increased except by express written agreement by UNICEF.

 

  1. Limitation of Expenditure

No increase in the total liability to UNICEF or in the price of the work resulting from design changes, modifications, or interpretations of the statement of work will be authorized or paid to the contractor unless such changes have been approved by the contracting authority through an amendment to this contract prior to incorporation in the work.

 

  1. Tax Exemption

Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct taxes (including service tax) and is exempt from customs duties in respect of articles imported or exported for its official use.  Accordingly, the Vendor authorizes UNICEF to deduct from the Vendor’s invoice any amount representing such taxes or duties charged by the Vendor to UNICEF.  Payment of such corrected invoice amount shall constitute full payment by UNICEF.  In the event any taxing authority refuses to recognize the UN exemption from such taxes, the Vendor shall immediately consult with UNICEF to determine a mutually acceptable procedure.

 

Accordingly, the Contractor authorizes UNICEF to deduct from the Contractor’s invoice any amount representing such taxes, duties, or charges, unless the Contractor has consulted with UNICEF before the payment thereof and UNICEF has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest.  In that event, the Contractor shall provide UNICEF with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.

  1. Legal Status.

The Contractor shall be considered as having the legal status of an independent contractor vis-a-vis UNICEF.  The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of UNICEF.

 

  1. 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 the Contract, respect the local customs and conform to a high standard of moral and ethical conduct.

 

  1. Indemnification

The Contractor shall indemnify, hold and save harmless and defend, at its own expense, UNICEF, its officials, agents, servants and employees, from and against all suits, claims, demands and liability of any  nature or kind, including their costs and expenses, arising out of the acts or omissions of the Contractor or its employees 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, product 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.

 

  1. Insurance and Liabilities to Third Parties

(a)   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.

(b)   The Contractor shall provide and thereafter maintain all appropriate workmen’s compensation and liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury or damage to property arising from the execution of this Contract.  The Contractor represents that the liability insurance includes sub-contractors.

(c)   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 work under 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.

(d)   Except for the workmen’s compensation insurance, the insurance policies under this Article shall:

(i) Name UNICEF as additional insured;

(ii) Include a waiver of subrogation of the Contractor’s rights to the insurance carrier against UNICEF;

(iii) Provide that UNICEF shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.

(e)   The Contractor shall, upon request, provide UNICEF with satisfactory evidence of the insurance required under this Article.

 

 

 

  1. Source of Instructions

The Contractor shall neither seek nor accept instructions from any authority external to UNICEF in connection with the performance of its services under this Contract.  The Contractor shall refrain from any action which may adversely affect UNICEF or the United Nations and shall fulfil its commitments with the fullest regard to the interests of UNICEF.

 

  1. 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 UNICEF 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.

 

  1. Title to Equipment

Title to any equipment and supplies which may be furnished by UNICEF shall rest with UNICEF and any such equipment shall be returned to UNICEF at the conclusion of this Contract or when no longer needed by the Contractor.  Such equipment when returned to UNICEF, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear.

 

  1. Copyright, Patents and Other Proprietary Rights

UNICEF shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regard to documents and other materials which bear a direct relation to or are prepared or collected in consequence or in the course of the execution of this contract.  At UNICEF’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 the UNICEF in compliance with the requirements of the applicable law.

 

  1. Confidential Nature of Documents

(a)   All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of UNICEF, shall be treated as confidential and shall be delivered only to the UN authorized officials on completion of work under this Contract.

(b)            The Contractor may not communicate any time to any other person, Government or authority external to UNICEF, any information known to it by reason of its association with UNICEF which has not been made public except with the authorization of the UNICEF; nor shall the Contractor at any time use such information to private advantage.  These obligations do not lapse upon termination of this Contract with UNICEF.

 

  1. Force Majeure; Other Changes in Conditions

(a)   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 UNICEF 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 UNICEF of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract.  On receipt of the notice required under this Article, UNICEF 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 the Contract.

(b)            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, UNICEF shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 14, “Termination”, except that the period of notice shall be seven (7) days instead of thirty (30) days.

(c)            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.

 

  1. Termination

If  the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in the contract, or fails to perform any of the terms, conditions, or obligations of the contract, or 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, UNICEF may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (30) days’ notice to the Contractor.

 

UNICEF reserves the right to terminate without cause this Contract at any time upon thirty (30) days prior written notice to the Contractor, in which case UNICEF 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 no payment shall be due from UNICEF to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this contract.

 

Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shall remain liable to UNICEF for reasonable loss or damage which may be suffered by UNICEF for reason of the default.  The Contractor shall not be liable for any loss or damage if the failure to perform the contract arises out of force majeure.

 

Upon termination of the contract, UNICEF may require the contractor to deliver any finished work which has not been delivered and accepted, prior to such termination and any materials or work-in-process related specifically to this contract.  Subject to the deduction of any claim UNICEF may have arising out of this contract or termination, UNICEF will pay the value of all such finished work delivered and accepted by UNICEF.

 

The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” below shall not be deemed a termination of this Contract.

 

  1. Sub-Contracting

In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior written approval and clearance of UNICEF for all sub-contractors.  The approval of UNICEF 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 in conformity with the provisions of this Contract.

  1. Assignment and Insolvency
  2. The Contractor shall not, except after obtaining the written consent of UNICEF, assign, transfer, pledge or make other dispositions of the Contract, or any part thereof, of the Contractor’s rights or obligations under the Contract.
  3. Should the Contractor become insolvent or should control of the Contractor change by virtue of insolvency, UNICEF may, without prejudice to any other rights or remedies, terminate the Contract by giving the Contractor written notice of termination.

 

  1. Use of UNITED NATIONS and UNICEF Name and Emblem

The Contractor shall not use the name, emblem or official seal of the United Nations or UNICEF or any abbreviation of these names for any purpose.

 

  1. Officials Not To Benefit

The Contractor warrants that no official of UNICEF or the United Nations 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 the Contract.

 

  1. Prohibition on Advertising

The Contractor shall not advertise or otherwise make public that the Vendor is furnishing goods or services to UNICEF without specific permission of UNICEF.

 

  1. Settlement Of Disputes

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.

 

Arbitration

Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party or the other Party’s request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining.  The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall be simple interest only. 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.

 

  1. Privileges and Immunities

The privileges and immunities of the UN, including its subsidiary organs, are not waived.

 

  1. Child Labour

UNICEF fully subscribes to the Convention on the Rights of the Child and draws the attention of potential suppliers to Article 32 of the Convention 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.

 

  1. Anti-Personnel Mines

UNICEF supports an international ban on the manufacture of anti-personnel mines.  Anti-personnel mines have killed and maimed thousands of people, of whom a large proportion are children and women.  Anti-personnel mines present a serious obstacle to the return of populations displaced from their residences by fighting around their villages and homes.  UNICEF has, therefore, decided not to purchase products from companies that sell or manufacture anti-personnel mines or their components.

 

  1. 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 UNICEF unless provided by an amendment to this Contract signed by the authorized official of UNICEF.

 

  1. Replacement of Personnel

UNICEF reserves the right to request the Contractor to replace the assigned personnel if they are not performing to a level that UNICEF considers satisfactory.  After written notification, the Contractor will provide curriculum vitae of appropriate candidates within three (3) working days for UNICEF review and approval.  The Contractor must replace the unsatisfactory personnel within seven (7) working days of UNICEF’s selection.

 

If one or more key personnel become unavailable, for any reason, for work under the contract, the Contractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain the project authority’s approval prior to making any substitution of key personnel.  Key personnel are designated as follows:

(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, senior auditors) to be assigned for participation in the performance of the contract.

(b) Personnel whose resumes were submitted with the proposal; and

(c) Individuals who are designated as key personnel by agreement of the Contractor and UNICEF during negotiations.

In notifying the project authority, the Contractor shall provide an explanation of circumstances necessitating the proposed replacement(s) and submit justification and qualification of replacement personnel in sufficient detail to permit evaluation of the impact on the engagement.

Acceptance of a replacement person by the project authority shall not relieve the Contractor from responsibility for failure to meet the requirements of the contract.

 

All the other terms and conditions are hereby accepted.  The agency will conform to the requirements as listed out by UNICEF

 

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About Gbolagade O. Adebisi 1569 Articles
For over 25 years, (Gbola)’s focus has been on Government and Institutional Business. His involvement has ranged from the Federal, State and Local Governments as well as Donor – funded programmes and projects. [...]

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