Helicopter Services related to the Testing of OSI Airborne ... · Email/Tel: (date) By: Contact...

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Helicopter Services related to the Testing of OSI Airborne Systems, on a Call-off Basis

Transcript of Helicopter Services related to the Testing of OSI Airborne ... · Email/Tel: (date) By: Contact...

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Helicopter Services related to the Testing of OSI Airborne Systems, on a Call-off Basis

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Helicopter Services related to the Testing of OSI Airborne Systems, on a Call-off Basis

ACKNOWLEDGEMENT FORM

Solicitation No: 2019-0049 Closing Date: 03 May 19

Title: Call-Off Contract for Services related to the Testing of OSI AirborneSystems

Vienna Local Time: 17:00

Procurement Staff: Thorvaldsdottir CTBTO Req. No.: 0010013503

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

WITHIN FIVE (5) DAYS

THE PREPARATORY COMMISSION FOR THECOMPREHENSIVE 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)

Helicopter Services related to the Testing of OSI Airborne Systems, on a Call-off Basis

mcneill
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Helicopter Services related to the Testing of OSI Airborne Systems, on a Call-off Basis

Page 1 of 6

INSTRUCTIONS TO BIDDERS

CONDITIONS

Delivery Terms (INCOTERMS 2010) and Destination

N/A (Services): Helicopter Services on a Call-Off Basis (hereinafter referred to as

the “Services”). The Commission intends to establish a Call-Off Contract for Helicopter Services as described in Annex B, Terms of Reference. The Services will be called-off under individual Formal Request of Delivery (“FRD”) as described in the attached Model Call-Off Contract.

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 Contract (including travel, allowances, management and remuneration of the personnel, national income tax, medical, insurance and social security contribution, installation, commissioning, testing, training etc. as and if 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. (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 Call-Off Contract 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 Call-Off 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 Proposal together

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

Request For Quotation No. 2019-0049/THORVALDSDOTTIR Page 2 of 6

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 Call-Off Contract.

Validity of Quotation Minimum 90 days as of the Closing Date

General Conditions General Conditions of Contracts (See Annex A) 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 Services and of the following documents: (1) Invoice(s) showing the firm fixed price of the respective Services provided under

each FRD issued by the Commission. The Contractor shall submit the invoice(s) in 1 (one) original and 2 (two) copies or electronically, from the Contractor’s official e-mail address in PDF format, duly signed and stamped by the Contractor and submitted to [email protected]. Each invoice shall contain detailed banking instructions, including the name and address of the Contractor’s bank, account number, account holder’s name and SWIFT, IBAN and/or ABA codes for payment by electronic transfer;

(2) Acknowledgement Copy of the Commission’s FRD with the Contractor’s signature;

(3) The Contractor’s certificate, counter-signed by the Consignee/end-user, confirming the successful completion of the Services provided under the respective FRD; and

(4) Any other relevant documents. Applicable Taxes payable by the Contractor 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 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 Call-Off Contract, 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.

Request For Quotation No. 2019-0049/THORVALDSDOTTIR Page 3 of 6

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 Call-Off Contract 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 materials, goods and/or from which 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 and against the list of

Evaluation Criteria attached to these Instructions as Attachment No. 1. 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 Call-Off Contract and in case of discrepancies or

inconsistencies, the documents to prevail shall be given precedence in the following order: (a) The Call-Off Contract; (b) The respective FRD; (c) The Commission’s General Conditions of Contracts (Annex A); (d) Terms of Reference ( Annex B); (e) The Contractor’s quotation shall be added as Annex C, 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.

Request For Quotation No. 2019-0049/THORVALDSDOTTIR Page 4 of 6

The quotation shall be submitted in writing to the address below: Chief, Procurement Section CTBTO PrepCom, Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 A-1400 Vienna, Austria Office E0918 Tel. No. +43-1-26030-6350 Email [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.

Request For Quotation No. 2019-0049/THORVALDSDOTTIR Page 5 of 6

BIDDER’S STATEMENT PLEASE STATE BELOW & SUBMIT WITH THE QUOTATION

Delivery Time – if applicable: n/a Shipping weight (kg) and Volume (m3) – if applicable: n/a List of recommended consumables and spares including prices and details on local availability, if applicable (please tick): For one year period For a period of …………………………. 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 – if applicable: For a two year period For a period of …………………………. 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 Services, which shall establish to the Commission’s satisfaction that the bidder has the financial, technical and production capability necessary to perform the Call-Off Contract in its entirety and to provide spare parts and other necessary on-going services as and if required. Included in this quotation : Yes No Confirmation that the bidder has reviewed the Commission’s General Conditions of Contract 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:

Request For Quotation No. 2019-0049/THORVALDSDOTTIR Page 6 of 6

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

estimated costs (e.g. customs duties, VAT, etc.) shall be quoted separately – if and as applicable. 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

DRAFT CALL-OFF CONTRACT NO. 2019-XXXX

between

THE PREPARATORY COMMISSION

FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY

ORGANIZATION

(THE COMMISSION)

and

(THE CONTRACTOR)

for

HELICOPTER SERVICES RELATED TO THE TESTING OF OSI AIRBORNE SYSTEMS ON A CALL OFF BASIS

This Model Contract comprises this cover page,

12 (twelve) pages of text, including a table of contents and a signatories page, and 3 (three) Annexes (A to C)

APRIL 2019

Contract No. 2019-XXX APRIL 2019 Page 1

TABLE OF CONTENTS

1 DEFINITIONS .................................................................................................................................................. 2

2 AIM OF THE CONTRACT ............................................................................................................................. 3

3 ENTRY INTO FORCE AND DURATION OF THE CONTRACT ............................................................. 3

4 COMMENCEMENT AND COMPLETION OF THE WORK .................................................................... 3

5 STANDARD OF WORK .................................................................................................................................. 4

6 RESPONSIBILITIES OF THE CONTRACTOR .......................................................................................... 4

7 WARRANTY ..................................................................................................................................................... 4

8 PERMITS, NOTICES, LAWS AND ORDINANCES.................................................................................... 5

9 PROTECTION OF PERSONS AND PROPERTY ....................................................................................... 5

10 RESPONSIBILITIES OF THE COMMISSION ....................................................................................... 6

11 CONTRACT PRICE .................................................................................................................................... 6

12 PAYMENT .................................................................................................................................................... 6

13 TEMPORARY SUSPENSION OF WORK ................................................................................................ 8

14 DELAYS AND EXTENSION OF TIME .................................................................................................... 8

15 CONTRACTOR’S CLAIMS AND REMEDIES ........................................................................................ 8

16 ENTIRE AGREEMENT .............................................................................................................................. 9

17 DISCREPANCIES ........................................................................................................................................ 9

18 SEVERABILITY .......................................................................................................................................... 9

19 NO WAIVER ................................................................................................................................................. 9

20 CONTRACT AMENDMENT ...................................................................................................................... 9

21 TRANSMISSION OF NOTICES AND OTHER DOCUMENTS ........................................................... 10

22 EFFECTIVENESS ...................................................................................................................................... 11

Annex A: General Conditions of Contract Annex B: Terms of Reference Annex C: Contractor’s Quotation

Contract No. 2019-XXX APRIL 2019 Page 2

CALL-OFF CONTRACT NO. 2019-XXXX

This CONTRACT is entered into between THE PREPARATORY COMMISSION FOR THE

COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (hereinafter referred to

as “the Commission”), having its headquarters located at Wagramerstrasse 5, 1400 Vienna, Austria, and

………………….(hereinafter referred to as “the Contractor”), having its principal office located

at………………..

The Parties hereto mutually agree as follows:

1 DEFINITIONS

In this Contract, words and expressions shall have the same meanings as respectively assigned to

them in the General Conditions of Contract and the Terms of Reference. In addition, the following

words and expressions shall have the meanings hereby assigned to them:

“Annex A” means the Commission’s General Conditions of Contract.

“Annex B” means the Commission’s Terms of Reference.

“Annex C” means the Contractor’s Quotation dated…..

“Contract” means this document, its Annexes and any further modifications or such further

documents as may be expressly incorporated in this Contract by the Parties in accordance with

Clause 20 below.

“Contractor” means the legal entity named in the preamble of this Contract or its successors. The

Contractor shall be the only interface for all matters pertaining to execution of the Work under this

Contract.

“FRD” means Formal Requests for Delivery to be issued by the Commission specifying the

respective Services to be provided by the Contractor upon the individual request by the

Commission in accordance with Annexes B and C.

“Party(ies)” means the Commission and/or the Contractor, as the context requires.

“Price Schedule” means a catalogue/price list containing all cost components needed to perform

the Services, including but not limited to, applicable hourly rates, installation cost, airborne costs

etc.

“Rule(s)” means any regulation(s), official directive(s), ordinance(s), guideline(s), customs and

practices.

Contract No. 2019-XXX APRIL 2019 Page 3

“Services” mean any equipment, man-power, testing equipment, airframe, ground power or any

other provisional methods to provide the Services related to the testing of OSI airborne systems as

defined in this Contract, including its Annexes B and C.

“Taxes” shall mean 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 Contract, including customs restrictions and

charges of similar nature in respect of articles imported or exported for the Commission’s official

use.

“Work” means all the Services to be provided by the Contractor, including its affiliates and/or

subcontractors, in order to fulfil all its obligations under the Contract, and the remedying of any

defects therein.

2 AIM OF THE CONTRACT

The aim of this Contract is to provide “Helicopter Services related to the Testing of OSI Airborne

Systems on a Call-Off Basis” to the Commission as indicated under the relevant FRD on a call-off

basis, as and when required by the Commission.

3 ENTRY INTO FORCE AND DURATION OF THE CONTRACT

The Contract shall enter into force upon the date of the last signature by the authorized

Representatives of the Parties (hereinafter referred to as the “Effective Date”) and shall be valid

until 31 December 2019 for up to 14 (fourteen) flight hours over the maximum of 7 (seven) non-

consecutive working days, whichever occurs first, until the Parties fulfill all their obligations

hereunder.

4 FORMAL REQUESTS FOR DELIVERY

(a) During the term of the Contract, the Commission has the right, but not the

obligation, to request the provision of Services through the issuance of individual

FRDs based on the firm fixed unit prices of the Services as reflected in Annex C.

The Contractor shall not perform any Work if not requested by the Commission

through an FRD.

Contract No. 2019-XXX APRIL 2019 Page 4

(b) Each FRD shall be valid until its successful completion by the Contractor and

acceptance by the Commission of the Work/Services performed.

(c) The FRD shall specify, as applicable, the required Services to be provided, details

of the time schedule, required date(s), timing, notification party(ies) and any other

relevant information.

(d) The FRD issued by the Commission shall be the basis for acceptance, invoicing

and payment of the Services provided by the Contractor.

(e) The Commission may revise the FRD as and when it may deem necessary.

5 STANDARD OF WORK

The Contractor shall perform the Work in a workmanlike manner in conformity with standard

professional practices, using qualified personnel and in strict accordance with the Contract. The

Contractor shall furnish the highest skill and judgement and cooperate with the Commission,

including all the Commission's consultants and agents, in best furthering the interests of the

Commission and the aim of this Contract. The Contractor shall provide efficient business

administration and supervision, and it shall perform the Work in the best way and in the most

expeditious and economical manner consistent with the requirements of the Contract.

6 RESPONSIBILITIES OF THE CONTRACTOR

(a) The Contractor shall provide the Work described in Annex B.

(b) The Contractor shall provide qualified English-speaking personnel as necessary to perform

the Work under this Contract. The key persons shall be available for possible tasks related

to the Work throughout the duration of the Contract period. Any replacement of the key

personnel shall be made in accordance with Clause 7 of Annex A.

7 WARRANTY

(a) The provisions of Clause 28 of Annex A shall apply to the Works performed by the

Contractor.

(b) The Contractor shall ensure that the Commission shall experience no loss of service or

support level by sub-contractors or repair agents acting on behalf of the Contractor.

Contract No. 2019-XXX APRIL 2019 Page 5

8 PERMITS, NOTICES, LAWS AND ORDINANCES

(a) The Contractor shall obtain and pay for all permits and inspections necessary for the

proper execution and completion of the Work that are customarily obtained upon

execution of this Contract and that are legally required at the time the Proposal is received

by the Commission. This shall include, but not be limited to, work permits, visa, or

similar.

(b) The Contractor shall give all notices required by the nature of the Work.

(c) If the Contractor notices that the Work or any part thereof required under this Contract is

not in accordance with applicable laws and Rules, or with technical or safety standards, it

shall promptly notify the Commission thereof in writing.

9 PROTECTION OF PERSONS AND PROPERTY

(a) The Contractor shall be responsible for initiating, maintaining and supervising all safety

precautions and programmes in connection with the Work.

(b) The Contractor shall take all reasonable precautions for the safety of, and shall provide all

reasonable protection to prevent damage, injury and loss to:

(i) all employees on the Commission’s premises and all other persons who may be

affected thereby;

(ii) all the Work, Equipment, its spare parts, materials and supplies to be incorporated

therein, whether in storage on or off the Commission’s premises, which are under

the care, custody or control of the Contractor or any of its subcontractors; and

(iii) other property on the Commission’s premises or adjacent thereto.

(c) The Contractor shall give all notices and comply with all applicable laws and Rules

bearing on the safety of persons and property and/or their protection from damage, injury

and loss.

(d) The Contractor shall erect and maintain, as required by existing conditions and progress of

the Work, all reasonable safeguards for the safety and protection of persons and property,

including posting danger signs and other warnings against hazards and promulgating

safety regulations.

Contract No. 2019-XXX APRIL 2019 Page 6

(e) When the use or storage of combustible, explosive or other hazardous materials is

necessary for the execution of the Work, the Contractor shall exercise the utmost care and

shall carry on such activities under the supervision of properly qualified personnel.

(f) The Contractor shall be responsible for the prevention of accidents on the Commission’s

premises during the execution of the Work.

(g) In any emergency affecting the safety of persons or property, the Contractor shall

promptly act to prevent threatened damage, injury and loss.

(h) The Contractor shall promptly remedy all damage and loss to any property, referred to in

Sub-Clause (b) above, caused in whole or in part by the Contractor, any subcontractor, or

anyone directly or indirectly employed by any of them, or by anyone for whose acts any of

them may be liable and for which the Contractor is responsible under Sub-Clause (b)

above, except damage and loss attributable to the acts or omissions of the Commission or

anyone directly or indirectly employed by it, or of anyone for whose acts the Commission

may be liable, and not attributable to the fault or negligence of the Contractor. The

foregoing obligations of the Contractor are in addition to its obligations under Clause 9 of

Annex A.

10 RESPONSIBILITIES OF THE COMMISSION

The Commission shall designate members of its staff to act as points of contact for the

Contractor to ensure that the Work is carried out in accordance with Annexes B and C, and shall

promptly notify the Contractor thereof. The Commission shall respond promptly to requests for

information by the Contractor regarding the Work.

11 CONTRACT PRICE

(a) The Commission shall pay to the Contractor for the full and proper performance of this

Contract:

(i) For each FRD issued during the Call-off Period specified in Clause 3 above,

the firm fixed unit prices pursuant to Annex C (hereinafter referred to as the

“Contract Price”).

Contract No. 2019-XXX APRIL 2019 Page 7

(b) The Contract Price shall cover all costs and expenses, excluding Taxes, incurred by

the Contractor for the full and proper performance of all obligations under the

Contract (including travel, allowances, management and remuneration of the

personnel, national income tax, medical insurance, and social security contributions).

It also includes work performed by the Contractor’s personnel outside the

Commission’s normal working hours (if applicable).

(c) The Contract Price shall be firm and fixed for the entire duration of the Contract and

shall not be subject to escalation. The Contractor shall not do any work, provide any

materials, vehicles or equipment, or perform any Services which may result in any

charges to the Commission over and above the Contract Price without the prior

written consent of the Commission and a formal written amendment to this Contract.

(d) [Austrian VAT] is applicable under this Contract

OR

No taxes are applicable under this Contract.

12 PAYMENT

(a) The Contract Price shall be paid upon satisfactory completion of each deliverable for the

Work and satisfactory completion of each FRD and submission of the following:

i) Invoice drawn up in accordance with this Clause 12;

ii) Any other documentation that might be required under the applicable FRD.

(b) The Commission will make the payments to the Contractor on the basis of an invoice

submitted by the Contractor. All payments shall be made within 30 (thirty) days of the

receipt and acceptance of the invoice, provided that the Work has been satisfactorily

completed and has been accepted by the Commission.

(c) The making of any payment hereunder by the Commission shall not be construed as an

unconditional acceptance by the Commission of the Work accomplished by the Contractor

up to the time of such payment.

(d) The Contractor shall submit an invoice in 1 (one) original and 2 (two) copies or

electronically, from the Contractor’s official e-mail address in PDF format, duly signed and

Contract No. 2019-XXX APRIL 2019 Page 8

stamped by the Contractor and submitted to the Commission’s email addressed specified in

Clause 21 below. Each invoice shall contain the Contract number (CTBTO and SAP

numbers), detailed banking instructions, including the name and address of the Contractor’s

bank, account number, account holder’s name and SWIFT, IBAN and/or ABA codes for

payment by electronic transfer.

13 TEMPORARY SUSPENSION OF WORK

The Commission may, at any time, temporarily suspend the Work, in whole or in part, being

performed by the Contractor under this Contract by giving 30 (thirty) days’ advance notice in

writing to the Contractor. The Work so suspended shall be resumed by the Contractor on the basis

of a revised time schedule and on terms and conditions to be mutually agreed upon between the

Parties.

14 DELAYS AND EXTENSION OF TIME

(a) If the Contractor is delayed at any time in the progress of the Work by any act or omission

of the Commission or by any of its employees, or by any other contractor employed by the

Commission, or by changes in the Work ordered by the Commission, or by any causes

beyond the Contractor’s reasonable control, or by any other cause which the Commission

determines may justify the delay, then the time for completion of the Work shall be

extended by an amendment to this Contract in accordance with Clause 20 below for such

reasonable time as the Commission may determine.

(b) Any request for extension of the time for reasons referred to in Clause 14(a) above shall be

submitted to the Commission not later than 20 (twenty) days after the commencement of

the delay, otherwise said request shall be deemed to be waived. Such request shall state

grounds for the delay and shall provide an estimate of the probable effect of such delay on

the progress of the Work.

15 CONTRACTOR’S CLAIMS AND REMEDIES

In no event shall the Contractor make any claim against the Commission for or be entitled to

additional costs or compensation resulting from any delays in the progress or completion of the

Work or any portion thereof, whether caused by the acts or omissions of the Commission,

including, but not limited to, damages related to overheads, loss of productivity, acceleration due

to delay and inefficiency. The Contractor’s sole remedy in such event shall be an extension of

Contract No. 2019-XXX APRIL 2019 Page 9

time for completion of the Work, provided the Contractor otherwise meets the requirements and

conditions set forth in this Contract.

16 ENTIRE AGREEMENT

This Contract represents the final agreement in respect of the Work and shall supersede all prior

agreements and representations between the Parties in this respect. Annexes A to C shall

constitute integral parts of this Contract and shall be of full force and effect.

17 DISCREPANCIES

If there are discrepancies or conflicts between any of the documents that are part of this Contract,

the document to prevail shall be given precedence in the following order:

(i) this document;

(ii) General Conditions of Contract (Annex A);

(iii) Terms of Reference (Annex B);

(iv) Contractor’s Proposal (Annex C);

(v) The relevant FRD.

18 SEVERABILITY

If any term and/or provision of this Contract is or becomes invalid, illegal or unenforceable, the

validity, legality and enforceability of the remaining provisions of this Contract shall not in any

way be affected or impaired thereby.

19 NO WAIVER

Failure by a Party to enforce a right shall not be deemed to be a waiver of that right unless

otherwise expressly provided in this Contract.

20 CONTRACT AMENDMENT

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

contractual relationship with the Contractor shall be valid unless approved in the form of a written

amendment to this Contract, signed by duly authorized Representatives of the Contractor and of

the Commission.

Contract No. 2019-XXX APRIL 2019 Page 10

21 TRANSMISSION OF NOTICES AND OTHER DOCUMENTS

Notices, invoices, reports and other documentation under the Contract shall be delivered or sent to

the relevant Party as follows (or to such person/title, address, facsimile number or email address as

the Party may substitute by notice after the date of the Contract):

(a) The Commission:

For Contractual Issues:

Chief, Procurement Section Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6350 E-mail: [email protected]

For invoices and related enquiries:

Accounts Payable CTBTO Financial Services Section Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6292 E-mail [email protected]

(b) The Contractor:

……… Tel: Email:

Contract No. 2019-XXX APRIL 2019 Page 11

22 EFFECTIVENESS

(a) Except as provided below, any communication in connection with the Contract will be

deemed to be given as follows:

(i) if delivered in person, at the time of delivery;

(ii) if by registered mail or courier, when received;

(iii) if by fax, when received in legible form;

(iv) if by electronic communication, when retrievable by the Commission in document form.

(b) A communication given under Clause 22(a) above that is received or becomes retrievable

on a non-working day or after business hours at the seat of the Commission will only be

deemed to be given on the next working day of the Commission.

Contract No. 2019-XXX APRIL 2019 Page 12

IN WITNESS hereof, the duly authorized Representatives of the Parties have executed this Contract:

For and on behalf of the PREPARATORY COMMISSION FOR THE COMPREHENSIVE

NUCLEAR-TEST-BAN TREATY ORGANIZATION:

________________________________________________________________________ Courtney Linley, Chief of Procurement Section

Date: __________________ Place: Vienna, Austria

For and on behalf of_________________________________________________________:

_________________________________________________________________________

Date: ___________________ Place: _____________________

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� ����

ANNEX B

TECHNICAL TERMS OF REFERENCE:

SERVICES RELATING TO THE TESTING OF OSI AIRBORNE

SYSTEMS ON AN AS350 HELICOPTER:

CALL-OFF CONTRACT

1 INTRODUCTION

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization

(hereinafter referred to as the “Commission”) operates a global verification regime to monitor

compliance with the Comprehensive Nuclear-Test-Ban Treaty (CTBT). It provides timely

data, assessments and other products and services to Signatory States of the Treaty.

An On-Site Inspection (OSI) is the final verification measure to verify States’ compliance

with the CTBT. The evolution of an OSI is dependent upon the implementation of the

Inspection Team Functionality (ITF) concept, with particular questions being posed and

answered through the application of inspection permitted techniques.

To maintain capabilities with respect to paragraph 80, of the Protocol to the Treaty, the

Commission is seeking to test its airborne systems on an AS350 helicopter.

These Terms of Reference define the services that the Contractor shall provide in relation to

the conduct of the tests.

2 WORK TASKS

On a call-off basis, the Contractor shall provide access to an AS350 airframe, pilot and

aircraft engineer – as needed – to accomplish the tasks described below.

2.1 GENERAL REQUIREMENTS

The Contractor shall:

Operate from a site less than 100km road travel from the Vienna International

Centre;

Operate from a site that has hangar space for the installation of the Commission

equipment;

Provide, on a call-off basis, an AS350 airframe;

Provide a certified English speaking engineer –as required - in support of installing

the Commission equipment on-board an AS350 airframe.

2.2 SPECIFIC REQUIREMENTS

For equipment testing purposes, the Commission, with the support of a certified engineer

provided by the Contractor, shall install on an AS350 airframe:

Airborne video system (VID), powered from the Amphenol socket in the cabin of the

AS350;

Airborne multispectral system (MSI), housed in an external utility pod;

(D350-602-011), powered from the Amphenol socket in the cabin of the AS350;

Airborne gamma radiation monitoring system (GRM), located in the cabin of the

AS350 and powered from the Amphenol socket in the cabin of the AS350.

Each system is stand alone and only one system is installed at a time.

All activities shall require:

Ground power to be supplied to the helicopter;

Access to the helicopter and an authorised aircraft engineer.

2.2.1 GRM

The GRM system weighs 300kg and shall occupy the passenger area of the AS350 i.e., there

is a need to remove passenger seats at rear. A custom aluminium panel is locked in place onto

airframe hard points and all system components are locked in place onto the aluminium

panel. The system operator shall occupy the passenger seat at the front of the airframe. Air

worthiness paperwork for this system is available. The typical installation time for the system

is 2 hours.

2.2.2 MSI

System components, comprising optical sensors and auxiliary computing, are housed in an

external Dart pod (D350-602-011). The weight of the pod and components is less than 100kg.

Cables providing power to the system and data transfer cables run from the airframe to the

pod. System monitors shall be located in the cabin. The typical installation time for the

system is 2.5 hours.

2.3 FLIGHT PARAMETERS

Speed: up to 90 knots;

Survey pattern: linear survey lines approx. 5km in length, separated by approx. 400m

(TBC);

Ground clearance:

o VID: 300m – 700m drape;

o MSI: 500-700m drape;

o GRM: 100m drape.

Survey area: TBC;

Banking angle: 20° max.

2.4 OTHER ON-SITE SUPPORT

Permission to record broadcast quality video of the installation and operation of

Commission systems on the ground at the premises of the Contractor;

A desk and access to mains electricity to power Commission laptop computers.

2.5 CALL-OFF DETAILS

The Contractor shall provide on a call-off basis up to 14 flight hours in 2019 over a

maximum of seven (7) working days. These days may not be consecutive. It is estimated

that each work day will be a full day including:

equipment installation,

flight planning and flight time,

removing of equipment.

If consecutive flight days have been agreed between the Contractor and the Commission, then

secure storage for the Commission’s equipment shall be available on-site at the premises of

the Contractor.

2.5.1 CALL-OFF MECHANISM

The Commission shall issue a Formal Request for Delivery (“FRD”) at least 10 working days

prior to the requested flight days. The FRD shall be based on the pricing catalogue/schedule

provided in Section 3 below. The FRD from the Commission shall include the following

information:

Requested flight day(s);

Number of Commission staff involved;

Proposed activity i.e., VID, MSI or GRM;

Support requested from the Contractor e.g., aircraft engineer;

Draft flight plan.

3 COSTS

The Contractor shall provide a catalogue of prices/price schedule based on the following

units:

1. One hour of AS350 flight operation (hourly basis)

2. Equipment installation (per half day)

3. Four hours of aircraft engineer service time (hourly rates and/or 4-hour-lots)

The Call-Off Contract shall be limited to the maximum, aggregated number of 14 flight hours

in total.

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 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/sc/suborg/en/sanctions/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. Fax :

Zip Code : Country: 5. E-Mail :

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

9. Number of Employees:

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

12. Type of Business/Products: Manufacturer Sole Agent Supplier

13. Type of Business/Services/Work: Engineering Civil Work Governmental Institution

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.

2

17.List of Products/Services/Work offered (please indicate the Product/Service/Work # as per attached sheet): Product/Service/Work # Product/Service/Work Description

Questionnaire completed by: 18.Name: Title: Signature: Date:

FOR CTBTO USE ONLY

19. Evaluated By: Initials Date: 20. Updated By: Initials Date: 21. Remarks: 22. Vendor Registration Number Allocated: Not Accepted: