part a: terms of reference (tors)

13
PART A: TERMS OF REFERENCE (TORs) Renovation Works - UNESCO Office Jakarta (Galuh and Goa buildings) BACKGROUND: UNESCO Office in Jakarta requires urgent renovation and restoration works to preserve integrity of existing building Structure, integrate COVID-19 precautions, realize efficiency improvements and enhance ambiance. OBJECTIVE: UNESCO seeks to engage services of a suitably qualified Contractor to provide professional Engineering services in accordance with common Engineering practices, Industry best practices, and Global ISO standards. The main objective of proposed works shall include renovation of the back terrace, cosmetic upgrades to the interiors and Car port. OUTPUTS: 1. Design & renovation of UNESCO Office Jakarta back terrace (Galuh building & Goa Building): a) Design and renovate the back terrace of Galuh building to transform it into a common lounge terrace b) Design and landscaping of the back garden of Galuh building c) Design and improvement of the pool area of Galuh building d) Design and landscaping of the back garden of Goa building 2. Exterior/Interior wall painting touch-ups 3. Maintenance repair works to the Car port Activities: Activity # 1: The design and renovation shall include the following activities (see drawing for additional information): I. Galuh Backyard: A. Design and renovate Galuh Building back terrace to transform it into a Common lounge terrace (area A in floor plan): The back terrace shall function as a common lounge terrace where staff would have a coffee break, sit, rest, meet guest, as well as work in a more relaxing and creative ambient. The room should accommodate up to 10 persons and shall be: a. well lit (i.e. natural light as well as electrical light);

Upload: others

Post on 11-Mar-2022

2 views

Category:

Documents


0 download

TRANSCRIPT

PART A: TERMS OF REFERENCE (TORs) Renovation Works - UNESCO Office Jakarta (Galuh and Goa buildings)

BACKGROUND: UNESCO Office in Jakarta requires urgent renovation and restoration works to preserve

integrity of existing building Structure, integrate COVID-19 precautions, realize efficiency improvements and

enhance ambiance.

OBJECTIVE: UNESCO seeks to engage services of a suitably qualified Contractor to provide professional

Engineering services in accordance with common Engineering practices, Industry best practices, and Global

ISO standards. The main objective of proposed works shall include renovation of the back terrace, cosmetic

upgrades to the interiors and Car port.

OUTPUTS:

1. Design & renovation of UNESCO Office Jakarta back terrace (Galuh building & Goa Building):

a) Design and renovate the back terrace of Galuh building to transform it into a common lounge terrace

b) Design and landscaping of the back garden of Galuh building

c) Design and improvement of the pool area of Galuh building

d) Design and landscaping of the back garden of Goa building

2. Exterior/Interior wall painting touch-ups

3. Maintenance repair works to the Car port

Activities:

Activity # 1: The design and renovation shall include the following activities (see drawing for additional

information):

I. Galuh Backyard:

A. Design and renovate Galuh Building back terrace to transform it into a Common lounge terrace (area

A in floor plan): The back terrace shall function as a common lounge terrace where staff would have

a coffee break, sit, rest, meet guest, as well as work in a more relaxing and creative ambient. The room

should accommodate up to 10 persons and shall be:

a. well lit (i.e. natural light as well as electrical light);

b. Comfortable room temperature (air conditioned); Accommodations for natural air

should be incorporated as well per COVID19 protocol (e.g. sliding doors)

c. Comfortable sitting area and arrangement (incorporate COVID19 social distancing)

d. UNESCO’s identity (decorative logo);

e. Good internet connection (Wi-Fi). etc.

(i) Civil work and interior work:

1. Roof renovation: Check the roof structure and propose a simple design solution to cover the

back terrace. The extension roofing shall be light weight, waterproof, and shall not change

the current roof structure.

2. Ceiling and finishing: Design and work on the ceiling considering the height of the room.

3. Windows and doors: Design, construct, and finishing work on windows and door to enclose

the back terrace - Including the two existing doors (from Galuh service area and going

to/from Goa area). Windows and doors should have an open and transparent concept

allowing a wide area view and access to the garden and pool. Contractor shall strive to use

Colour tempered glass with minimum 8mm (millimetres) thickness, UV resistant, and Shatter

Resistance Film minimum 0.15mm (millimetres)

4. Wall finishing: Design and finish the existing wall with bright colour and mounted decorative

poster holder (made of glass or acrylic).

5. Floor renovation: Design and finish the terrace floor considering the existing floor without

changing the current floor construction. The floor should be light weight and durable.

(ii) Electrical and Communication work:

1. Power installation: install at least 10 electrical outlets (including outlet for air condition,

coffee machine, television, and free outlets for people to tap their laptop(s) to work).

2. Lamp Installation and switches: install a good lighting set up to make sure the room will

have a good lighting and cosy ambient.

3. Wi-Fi Cable Installation: install a Wi-Fi ready cable installation above the ceiling.

(iii) Furniture and Amenities:

1. Design and finish a transition area between Office window (AO Room) and the back terrace

(see A1 in floor plan) i.e. dry garden, etc.

2. Purchase and install 2 standing air conditioning equipment.

3. Purchase and install coffee machine, water dispenser, etc.

4. Purchase new Table(s), chairs, and sofa.

5. Install Wall mounting acrylic for posters and decoration.

B. Design and landscaping of the back garden of Galuh building (area B in floor plan):

I. Lawn work (area B): Design and landscape back garden with new grass and plants. The

contractor may wish to consider cutting down some of the existing trees to ensure a

representable and respective back garden of UNESCO. The back garden shall serve as a backdrop

for UNESCO official group photos.

II. Exterior Wall finishing (B1): paint wall with high-quality weather durable paint, propose a mural

design and make the wall mural ready. The mural design should represent UNESCO’s identity.

C. Design and improve of the pool area of Galuh building (area C in floor plan):

i) Pool Side (area C1): To design and do finishing works for the side pool area to ensuring an

integrated design between the common room, garden and pool area. There is no need to work on

the pool.

ii) Exterior Wall finishing (C2): Paint wall with a high-quality weather durable paint, propose an

integrated design to make the wall a cohesive part of the common lounge terrace, garden & pool.

II. Goa Backyard:

A. Design and landscaping of the back garden of Goa building (area D in floor plan): i. Lawn work (area D): Design and landscape the back garden introducing new grass and plants.

The contractor may wish to consider cutting down some of the existing trees to ensure a representable and respective back garden which shall serve as a backdrop for UNESCO official group photos.

ii. Exterior Wall finishing: Paint the wall with a high-quality weather wall paint durable and build 4

(four) waterproof Wall Poster Ready Places made of glass or acrylic and well lighted (Area D1).

Activity #2: INTERIOR WALL PAINTING: Paint interior walls with a high-quality paint for indoors, washable

(easy to clean off stains with water), and still matching the current color paint.

Activity #3: CARPORT REPAIR WORKS: Inspect/propose, and implement maintenance repair works

necessary to restore car port and prevent leakage.

INPUTS: The Contractor shall be fully responsible for all inputs, planning, managing and implementation of

the scope of works bearing all risks and costs.

1. The Contractor shall be responsible for the competency and capability of its personnel, and shall have the

capacity to manage works implementation independently.

2. The Contractor shall source, procure, transport and store all materials bearing all costs and risks.

3. Contractor shall ensure effective supply chain planning & management to avoid delays during

implementation.

4. The Contractor shall develop a quality control plan and undertake regular self-audits to ensure:

a) Works conform to UNESCO requirements;

b) Deter potential deviation in service deliver. Any deviations identified shall be corrected immediately

before quality of works becomes unacceptable to UNESCO;

c) Ensure UNESCO receives value for money.

d) Ensure efficiency in their service delivery model.

e) Ensure its personnel adhere to UNESCO security advisory whilst on premises.

The Contractor shall assume full unequivocal responsibility for the performance of works in accordance

with UNESCO contractual documents, Industry standards & best practices, Global ISO codes and all other

applicable Codes/Regulations. Works implementation shall follow a logical sequence. The Contractor shall

not execute any works and/ or make any material changes during works performance unless specifically so

authorized in accordance with the procedures ascribed in UNESCO Contractual documents.

Contractor shall take care to minimize spillages and/or debris pile-ups on site during works performance.

Accumulations/spillages shall be cleaned up immediately to avoid safety hazards. Waste disposal shall be

done in accordance with local environmental laws/regulations with contractor bearing all costs/risks. To the

extent possible, works delivery during Regular Working Hours shall be carried out in a manner not to disrupt

UNESCO Office operations.

TIMING: Work plan shall be proposed by Contractor and agreed by UNESCO.

DELIVERABLES: 1. Design/as built drawings.

2. Technical specification of Materials to be used.

3. Proposed work plan/actual delivery schedule.

4. Pictorial reports

5. Recommendation for maintenance works to preserve repairs/upgrades.

6. Full performance of works

7. Invoices

8. Site Clean-up prior to handover of works.

PART B: VENDOR ELIGIBILITY/INSTRUCTIONS

1. BIDDER ELIGIBILITY: Bidder shall be registered with the Ministry of Public Works Indonesia and shall hold

a minimum Company classification of K3. Contractor shall demonstrate experience in handling works of

similar type, size and complexity. Due to urgency of works, the successful Bidder shall have the capacity

to mobilize resources at short notice and expedite works completion.

2. PRE-BID CONFERENCE: All information provided herein is to the best of UNESCO’s knowledge at the time

of Bid issuance. The Contractor has an obligation to carry out independent due-diligence and verification

of information provided herein prior to bidding. UNESCO shall not be liable for any direct, indirect, or

consequential losses resulting from reliance on information provided herein. A pre-bid conference shall be conducted on Thursday, 26th August, 2021 @1100h. A site walkabout

shall be conducted followed by a short Q&A session. Bidders who do not attend conference shall be

ineligible to tender. Due to logistical/COVID19 challenges, the conference shall only be held once. Please

email [email protected] to confirm attendance at Bidder’s conference. Bidders shall be requested

to observe COVID 19 protocols and to sign an attendance sheet to confirm attendance.

3. CONTRACT CONCEPT: The contractor shall submit a comprehensive and integrated design, bill of quantity

(BOQ), specifications of the materials to be used, specifications of the equipment to be employed, and

provide the total cost of the proposed construction and installation works. a) It is envisaged that a single Contractor shall undertake all works prescribed herein. No partial bids

shall be accepted. b) PRICING: Bidder shall ensure transparency in the computation of BOQ unit prices. Proposed Contract

pricing/unit cost structuring shall be: i. All costs inclusive excluding VAT. (VAT fees shall be listed as a payable on the invoice on a

separate line item but shall not be included in the contractual unit costs.)

ii. Pricing Approach: BOQ unit rates. Contractor shall carry out their own inspection and/or

measurements to ensure their BOQ accurately reflects total costs for actual area.

4. BID CLOSING DATE: 03 September 2021

RFQ TENDER DOCUMENTS: (All documents shall be presented in English Language)

1) Proof of Eligibility per (1) above (MOPW registration; Proof of K3, MI classification or above)

2) Detailed BOQ

3) Drawings

4) Timeline/Gantt Chart.

Form AM 7-1 (December 2020) – page 1/6 Previous Form 151

Contract N°: (Please quote this reference in all correspondence and communications)

CONTRACT FOR SMALL WORKS

THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

(hereinafter called 'UNESCO')

the headquarters of which are situated in Paris

Name of Sector/Division, Section, Unit or Name of Field Office

and Name

(hereinafter called ‘the Contractor’)

Address

Vendor number

Article I. Work assignment

Contract entered into between UNESCO and the Contractor in order to perform the following:

[insert summary description of the Works]:

Article II. Duration of contract

2.1 If the contract is not signed by the Contractor and returned to UNESCO by DD/MM/YYYY at the latest, it will be considered null and void. This date is subject to modification upon agreement of both parties.

2.2 The effective date of the contract is the date of signature by the Contractor and its expiry date is the date of approval by UNESCO of the work submitted by the Contractor or otherwise, at the latest, the deadline for submission of the work corresponding to the final payment indicated in Article III.3.2 below.

2.3 If, by the expiry date of the contract as defined in Article II.2.2 above, the Contractor has performed no part of the work assignment, and no advances have been paid by UNESCO, the contract shall be considered null and void unless an amendment extending the period of the contract has been signed by both parties in accordance with Article IV below.

Article III. Conditions of payments

3.1 Total Fee, Currency and payment

3.1.1 UNESCO shall pay the Contractor the sum of [insert currency]. All payments shall be made in the currency of the contract. UNESCO shall not make any payments which are due under this contract to anyone other than the contracting party hereto. Instalments expressed in US$ and payable in another currency than US$ should be converted at the official UNESCO rate of exchange in force on the date of payment.

3.1.2 The price of this Contract is not subject to any adjustment or revision because of prices or currency fluctuations or the actual costs incurred by the Contractor in the performance of the Contract.

3.1.3 The Contractor shall not perform any other works, which may result in any costs in excess of the amount specified above without the prior written agreement of UNESCO’s signatory to this contract.

3.1.4 All payments shall be effected by bank transfer. UNESCO shall be responsible for its own banking fees but any possible intermediary banking fees, as well as the beneficiary’s own banking fees, shall be the responsibility of the Contractor.

3.1.5 The Contractor should confirm below mentioned banking instructions for any payment arising from the present contract (only one banking instruction is allowed in any one contract):

- Name of the Bank:

DRAFT

Contract N°: Form AM 7-1 (December 2020) – page 2/6 Previous Form 151

- Address of the Bank:

- Name of the Account Holder:

- Number of Account:

- Bank Code:

- IBAN Number:

- SWIFT Address:

3.2 Instalments

The fee is payable in the following instalments only upon certification by the UNESCO Officer responsible for this contract of satisfactory performance by the Contractor of the work corresponding to each payment (except for the eventual advance payment):

Payment N°.

Upon submission to and approval by UNESCO

of the following work

Article I Reference

Latest date for submission Currency/Amount

1. DD/MM/YYYY

2. DD/MM/YYYY

. DD/MM/YYYY

. DD/MM/YYYY

. DD/MM/YYYY

3.3 Advance Payment

3.3.1 One of the above payments represents an 'advance payment', i.e. a payment of part of the fees in advance of the performance of contractual services:

Yes: Payment N° No

3.3.2 If yes, the amount of this advance payment shall not exceed the expenses which the Contractor will need to pay before completion of the task(s) referred to in the Contract above and relates to:

Detailed Description Amount

(i)

(ii)

3.4 Reimbursement

3.4.1 If the work corresponding to any or all of the above instalment payments has not been approved by UNESCO and is not in conformity with the contract specifications or terms of reference, UNESCO shall have the right to reimbursement of full or partial payments made including the advance payment. UNESCO shall be entitled to a refund from the Contractor for any amounts shown by audits or investigations to have been paid by UNESCO other than in accordance with the terms and conditions of this Contract.

3.4.2 Any sums to be reimbursed shall be returned to UNESCO in the currency in which payment was made.

3.5 Travel

If the Contractor is required to travel in order to perform the work described in Article I above, a lump-sum is included in the fee indicated in Article III.3.1.1 to cover daily subsistence allowance and the cost of the tickets for the authorized travel. No additional travel expenses other than the agreed lump sum shall be reimbursed.

Article IV. Amendments

This contract may be amended by a letter of amendment specifying all modifications and signed by both UNESCO and the Contractor. If the Contractor wishes to propose amendments, these proposals should be

DRAFT

Contract N°: Form AM 7-1 (December 2020) – page 3/6 Previous Form 151

communicated to UNESCO who, if deemed necessary, will prepare the letter of amendment for mutual agreement and signature.

Article V. UNESCO Terms and Conditions

5.1 This contract is subject to UNESCO Terms and Conditions as attached. Each page of these Terms and Conditions should be initialled by both the Contractor and UNESCO.

5.2 The Contractor and UNESCO also agree to be bound by the provisions contained in the following documents, which form the only legally valid contractual arrangement between the parties and which shall take precedence in case of conflict in the following order:

a) The present contract; b) The Statement of Works, attached hereto [if applicable]; c) The Invitation to Bid documents attached hereto [if applicable]; d) The Contractor’s Bid attached hereto [if applicable]; e) The General Terms and Conditions attached hereto

Signed on behalf of the Director-General of UNESCO:

Name Date DD/MM/YYYY

Title Signature

........................................................................

Contractor [please sign and return to UNESCO one original of the contract and retain the second original for yourself]:

Name Date DD/MM/YYYY

Title Signature

........................................................................

DRAFT

Contract N°: Form AM 7-1 (December 2020) – page 4/6 Previous Form 151

GENERAL TERMS AND CONDITIONS FOR SMALL WORKS

1. CONTRACTOR’S GENERAL OBLIGATIONS The Contractor shall: 1) execute the Works and remedy any defects with due care and diligence; 2) take full responsibility for the adequacy, stability and safety of all site operations and methods of construction; and, 3) be responsible for the professional and technical competence of his employees, who shall be expected to respect local customs and conform to a high standard of moral and ethical conduct.

2. CONTRACTOR’S STATUS In all matters relating to this Contract, the Contractor shall be acting as an independent contractor. Neither the Contractor nor its employees or casual laborers are the employees of UNESCO and the Contractor assumes all liabilities or obligations imposed by any law or regulation with respect to such employees, laborers or other persons retained. The Contractor shall, at its own expense, comply with such laws and assume the obligations imposed by them. The Contractor shall not have the authority to create any obligation on behalf of UNESCO and shall not represent itself as an agent, employee or in any other capacity of UNESCO.

3. SUB-CONTRACTING In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior written approval of UNESCO for all such subcontractors. The approval of UNESCO shall not relieve the Contractor of any of obligations under this Contract, and the terms of any sub-contract shall be subject to and in conformity with the provisions of this Contract.

4. INSPECTION OF SITE The Contractor shall be deemed to have inspected and examined the site and its surroundings and to have satisfied itself that the site is suitable for the Works

5. CARE OF WORKS The Contractor shall provide and maintain at its own cost all lights, guards and security necessary for the protection of the Works, including materials and equipment, or for the safety of the public. In the event that any damage or loss should happen to the Works before hand-over, the Contractor shall at its own cost repair the Works.

6. VARIATIONS UNESCO may introduce any variations to the form, type or quality of the Works which may be necessary, including increasing or decreasing the quantity of any work under the Contract; changing the character or quality or kind of any such work; and, executing additional work of any kind necessary for the completion of the Works. UNESCO shall issue any such order only in writing, and where resulting in an increase to the Contract Price, will amend the Contract accordingly. The value of any variation, addition or omission shall be calculated on the basis of the unit prices contained in the Bill of Quantities for this purpose. No variation shall be accepted unless authorized by UNESCO in writing.

7. INCREASE AND DECREASE IN COSTS Except if otherwise provided by this Contract, no adjustment of the Contract Price shall be made in respect of fluctuations of market, prices of labor, materials, plant or equipment, neither due to fluctuation in interest rates nor devaluation or any other matters affecting the Works.

8. MATERIALS AND WORKMANSHIP All materials and workmanship shall be of the respective kinds described in the Contract and conform to any applicable national or local standards. The contractor shall warrant the Works for defects in materials workmanship for

a period of TWELVE (12) months calculated from the date of completion of the Works. Any such defects shall be remedied by the Contractor without delay or cost to UNESCO.

9. OWNERSHIP OF PAID MATERIAL AND WORK All material and work covered by payments made by UNESCO to the Contractor shall become the sole property of UNESCO, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work or as waiving the right of UNESCO to require the fulfilment of all of the terms of the Contract.

10. COPYRIGHT, PATENT AND OTHER PROPRIETARY ROYALTIES The Contractor shall hold harmless and fully indemnify UNESCO from and against all claims and proceedings for infringement of any patent rights, design trademark or name or other protected rights resulting from Contractor’s performance.

11. CONFIDENTIAL NATURE OF DOCUMENTS All maps, drawings, plans, reports, documents and all other data compiled by or received by the Contractor under the Contract shall be the property of UNESCO, shall be treated as confidential and shall be delivered only to the duly authorized representative of UNESCO on completion of the Works.

12. DAMAGE TO PERSONS AND PROPERTY The Contractor shall indemnify and hold harmless UNESCO, its officers, agents, employees and servants from and against all suits, claims, demands, proceedings, and liability of any nature or kind, including costs and expenses, for injuries or damages to any person or any property whatsoever which may arise out of or in consequence of acts or omissions of the Contractor or its agents, employees, servants or subcontractors in the execution of this Contract.

13. SOURCE OF INSTRUCTIONS The Contractor shall neither seek nor accept instructions from any authority external to UNESCO or its authorized representatives in connection with the performance of its services under this Contract. The Contractor shall refrain from any action which may adversely affect UNESCO.

14. OFFICIALS NOT TO BENEFIT The Contractor warrants that no United Nations official has been or shall be admitted by the Contractor to 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.

15. PREVENTION OF CORRUPTION UNESCO shall be entitled to cancel the Contract and to recover from the Contractor the amount of any loss resulting from such cancellation, if the Contractor has offered or given any person any gift or consideration of any kind as an inducement or reward for doing or intending to do any action in relation to the obtaining or the execution of the Contract or any other contract with UNESCO or for showing or intending to show favor or disfavor to any person in relation to the Contract or any other contract with UNESCO, if the like acts shall have been done by any persons employed by him or acting on his behalf whether with or without the knowledge of the Contractor in relation to this or any other Contract with UNESCO.

Initials:

DRAFT

Form AM 7-1 (December 2020) – page 6/6 Previous Form 151

16. NAME, EMBLEM OR OFFICIAL SEAL OF UNESCO The Contractor shall not advertise or otherwise make public the fact that it is performing, or has performed services for UNESCO or use the name, emblem or official seal of UNESCO or any abbreviation of the name of UNESCO or the United Nations for advertising purposes or any other purposes.

COMPLIANCE WITH STATUTES, REGULATIONS, ETC. The Contractor shall conform in all respects with any statutes, ordinances, laws or other regulations, that may apply to the Works and give all notices and pay all fees that may be required. The Contractor shall be responsible for any penalties and liabilities that may arise under those regulations.

17. FORCE MAJEURE If the Contractor is rendered unable, wholly or in part, to perform its obligations under this Contract due to unforeseeable circumstances beyond the control of either party, including Acts of God, war, and natural disasters, it shall give notice and full particulars in writing to UNESCO as soon as possible but no later than fifteen (15) days. Subject to acceptance by UNESCO of the existence of such force majeure, this Contract may be suspended or, where force majeure circumstances otherwise frustrate the purpose of this contract, either in time or purpose, UNESCO may terminate this Contract by giving written notice.

18. RECORDS, ACCOUNTS, INFORMATION AND AUDIT The Contractor shall maintain accurate and systematic records and accounts in respect of the Works and shall furnish to UNESCO any records or information, oral or written, which may be reasonably request in respect of the Works or the Contractor's performance. The Contractor shall allow UNESCO or its authorized agents to inspect and audit such records or information upon reasonable notice.

19. TAXATION The Contractor shall be responsible for the payment of all charges and taxes in respect of income including value added tax, all in accordance with and subject to the provisions of the income tax laws and regulations in force and all amendments. It is the Contractor's responsibility to make all the necessary inquiries in this respect and he shall be deemed to have satisfied itself regarding the application of all relevant tax laws.

20. ASSIGNMENT OF CONTRACT The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Contractor's rights, claims or obligations under this Contract.

21. RIGHTS AND REMEDIES OF THE UNESCO Nothing in or relating to this Contract shall be deemed to prejudice or constitute a waiver of any other rights or remedies of the UNESCO. The UNESCO shall not be liable for any consequences of, or claim based upon, any act or omission on the part of the Government.

22. PRIVILEGES AND IMMUNITIES Nothing in or relating to this Contract shall be deemed a waiver of any of the privileges and immunities of the United Nations of which the UNESCO is an integral part.

23. SETTLEMENT OF DISPUTES Any controversy or claim arising out of or in connection with provision of this Contract or any breach thereof, shall, unless resolved through direct negotiation, be settled in accordance with the UNCITRAL Arbitration Rules then in force. UNESCO and the Contractor shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy or claim.

Where, in the course of direct negotiation, the parties wish to seek an amicable settlement of such controversy or claim by conciliation, the conciliation shall take place in accordance with the UNCITRAL Rules of Conciliation then in force.

24. TERMINATION UNESCO may terminate this Contract for cause or convenience in the interest of the UNESCO upon not less than fourteen (14) days written notice to the Contractor. Upon termination of this Contract, the Contractor shall take immediate steps to terminate his performance of the Contract in a prompt and orderly manner and to reduce losses and to keep further expenditures to a minimum. Unless such termination has been occasioned by the Contractor's breach of this Contract, the Contractor shall be entitled to be paid for the part of the Works satisfactorily completed and for the materials and equipment properly delivered to the Site as of the date of termination for incorporation to the Works, plus substantiated costs resulting from commitments entered into prior to the date of termination as well as any reasonable substantiated direct costs incurred by the Contractor as a result of the termination, but shall not be entitled to receive any other or further payment or damages.

25. CHILD LABOUR 25.1 The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter-alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical mental, spiritual, moral or social development. 25.2 Any breach of this representation and warranty shall entitle UNESCO to terminate this Contract immediately upon notice to the Contractor, at no cost to UNESCO.

26. MINES 26.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term “Mines” means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980. 26.2 Any breach of this representation and warranty shall entitle UNESCO to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNESCO.

27. SECURITY The responsibility for the safety and security of the Contractor and its personnel and property, and of UNESCO property in the Contractor’s custody, rests with the Contractor.

The Contractor shall: (a) put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the services are being provided; (b) assume all risks and liabilities related to the Contractor’s security, and the full implementation of the security plan.

Initials:

DRAFT

Form AM 7-1 (December 2020) – page 6/6 Previous Form 151

UNESCO reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this contract. Notwithstanding the foregoing, the Contractor shall remain solely responsible for the security of its personnel and for UNESCO property in its custody as set forth in condition 27 above. 28. ANTI-TERRORISM The Contractor agrees to undertake all reasonable efforts to ensure that none of the UNESCO funds received under this Contract are used to provide support to individuals or entities associated with terrorism and that the recipients of any amounts provided by UNESCO hereunder do not appear on the list maintained by the Security Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via https://www.un.org/securitycouncil/content/un-sc-consolidated-list.. This provision must be included in all sub-contracts or sub-agreements entered into under this Contract.

29. AUDITS AND INVESTIGATIONS: Each invoice paid by UNESCO shall be subject to a post-payment audit by auditors, whether internal or external, of UNESCO or by other authorized and qualified agents of UNESCO at any time during the term of the Contract and for a period of three (3) years following the expiration or prior termination of the Contract. UNESCO may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Contractor generally relating to performance of the Contract at any time during the term of the Contract and for a period of three (3) years following the expiration or prior termination of the Contract. The Contractor shall provide its full and timely cooperation with any such post payment audits or investigations. Such cooperation shall include, but shall not be limited to, the Contractor’s obligation to make available its personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to UNESCO access to the Contractor’s premises at reasonable times and on reasonable conditions in connection with such access to the Contractor’s personnel and relevant documentation. The Contractor shall require its agents, including, but not limited to, the Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any post-payment audits or investigations carried out by UNESCO hereunder. 30. PROTECTION FROM SEXUAL EXPLOITATION AND SEXUAL ABUSE Definitions. For purposes of this Contract, “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another; “sexual abuse” means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. Sexual exploitation and abuse are strictly prohibited. The Contractor, its employees, agents or any other persons engaged by the Contractor to perform any services under this Contract, shall not engage in any sexual exploitation and abuse. The Contractor acknowledges and agrees that UNESCO will apply a policy of “zero tolerance” with regard to sexual exploitation and abuse of anyone by the Contractor, its employees, agents or any other persons

engaged by the Contractor to perform any services under this Contract. Without prejudice to the generality of the foregoing: (a) Sexual activity with a child (any person less than eighteen years of age), regardless of any laws relating to the age of majority or to consent, shall constitute the sexual exploitation and abuse of such person. Mistaken belief in the age of a child shall not constitute a defense under this Agreement. (b) The exchange or promise of exchange of any money, employment, goods, services, or other thing of value, for sex, including sexual favors or sexual activities, shall constitute sexual exploitation and abuse. (c) The Contractor acknowledges and agrees that sexual relationships between the Contractor’s employees, agents or other persons engaged by the Contractor and beneficiaries of assistance, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of UNESCO and are strongly discouraged. Reporting of allegations to UNESCO. The Contractor shall report allegations of sexual exploitation and abuse, of which the Contractor has been informed or has otherwise become aware, promptly to UNESCO, in line with its established reporting mechanism. To the extent legally possible, the Contractor will require its employees, agents or any other persons engaged by the Contractor to perform any services under this Contract, to report allegations of sexual exploitation and abuse arising in relation to this Contract directly to UNESCO. This provision must be included in all sub-contracts or sub-agreements entered into under this Contract. 31. UNITED NATIONS SUPPLIER CODE OF CONDUCT The Contractor acknowledges that the UN Supplier Code of Conduct (available from LINK) provides the minimum standards expected of the UN Suppliers.

Initials:

DRAFT

REQUEST FOR PROPOSAL – RFP Small Work Services

Renovation Works - UNESCO Office Jakarta (Galuh and Goa Buildings)

Ref: JAK/RFP/21/ADM/010 (Please quote this UNESCO reference in all correspondence)

Date: 20 August 2021

Dear Sir/Madam,

You are invited to submit a BID for Renovation Small Works - UNESCO Office Jakarta (Galuh and Goa Buildings) in accordance with the present Request for Proposal (RFP) from company.

The RFP consists of this cover page and the following Annexes: Annex I Part A: Term of Reference (ToR) Annex II Part B: Vendor Eligibility / Instruction Annex III Form AM 7-1: Template Contract for Small Work Annex IV Invitation to Bid Form Please send your offer comprising of technical and financial bid to: Email : [email protected] Subject : Renovation Works - UNESCO Office Jakarta (Galuh and Goa Buildings) - (JAK/RFP/21/ADM/010) Deadline : 03 September 2021 Your bidding and any supporting documents must be in English.

This letter is not to be construed in any way as an offer to contract with your firm/company. Your bid could, however, form the basis for a contract between your company and UNESCO.

For and on behalf of UNESCO Administrative Unit

UNESCO Office, Jakarta

ANNEX IV - Intention to Bid Form

To be completed and returned within 4 (four) working days after date of issuance of the RFP by email to [email protected]. Please refer to Part B – Pre-Bid Conference. Ref.: JAK/RFP/21/ADM/010 - Renovation Works - UNESCO Office Jakarta (Galuh and Goa Buildings). [ ] Yes, we intend to submit a bid. We are sorry to inform you that we are unable to submit a bid in response to the above-mentioned invitation to bid due to the reason(s) listed below: [ ] The requested products are not within our range of supply [ ] We are unable to submit a competitive offer for the requested products at the moment [ ] The requested products are not available at the moment [ ] We cannot meet the specifications required [ ] Insufficient time is allowed to prepare a bid [ ] We cannot meet the delivery requirements [ ] We cannot adhere to your terms and conditions (please specify which: e.g. payment terms, request for performance bond etc) [ ] The information provided for bid purposes is insufficient [ ] We do not export [ ] Our production capacity is currently full [ ] We are closed during the holiday season [ ] We had to give priority to other clients’ requests [ ] We do not sell directly but through distributors [ ] We have no after-sales service available in the country of destination [ ] Others (please specify) …………………………………………………………..

If UNESCO has any question about this NO BID, please contact Mr./Ms. …… who will be able to assist you.

Name of the Bidder:

Authorised Signature

Date: