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The United Republic of Tanzania Ministry of Water and Irrigation

Water and Sanitation Kigoma Region Project (WASKRIRP) TAN 1403211

Lake Tanganyika Basin Water Board OfficesP. O. Box 24, Kigoma

REQUEST FOR PRICE QUOTATIONPAGES 11 THIS PAGE INCLUDED

1. CONTACT PERSON AT EnabelNAME: Amos Chigwenembe

FUNCTION: Intervention Manager, WASKIRP

ADDRESS: Enabel - WASKIRPLake Tanganyika Basin Water Board CompoundP.O. Box 24,Kigoma

TEL.: 0743736554E-MAIL: [email protected]

2. OBJECT OF THE REQUESTService procurement contract to Establish and Develop Systems and Capacity of Community-based Water Supply Organizations in Kigoma Region3. Enabel REFERENCES TZ- WASKIRP-008

4. INSTRUCTIONSRECEPTION OF TENDERS:

DATE: 30/09/2019 at 1500 hrs at the latest

PLACE:

Enabel - WASKIRPLake Tanganyika Basin Water Board CompoundP.O. Box 24, Kigoma

ANNEXES TO BE ATTACHED

CV of the consultant for the assignmentQualifications and experience required: A graduate (Master degree level) in social

and economic sciences, and/or equivalent A minimum of 10 years of practical

experience in community work in social development projects including water, sanitation and hygiene projects

At least 5 years working with community-based organizations and NGOs in areas of institutional strengthening and capacity building at local government level;

Proven experience in facilitating training workshops, coaching and nurturing newly established partnerships

The successful candidate will provide a traceable record of relevant experience in establishing community-based including

RUE HAUTE 147 COOPÉRATION TECHNIQUE BELGE ANNEXE(S)1000 BRUXELLES SOCIÉTÉ ANONYMET +32 (0)2 505 37 00 DE DROIT PUBLICF +32 (0)2 502 98 62 À FINALITÉ SOCIALEE [email protected]




cooperative societies, community-based organizations (CBOs), Water User Associations or Community water boards or local NGOs particularly those related to water supply/WASH, public health or small-scale business entities.

VALIDITY PERIOD OF THE APPLICATION: 60 Days

5. TERMS OF REFERENCE

Full terms of reference for the assignment are annexed below.

6. DELIVERY / PERFORMANCE ADDRESS

7. CONTACT PERSON at destinationADDRESS:

NAME:

FUNCTION:

TEL.: POSTAL ADDRESS: MOBILE PHONE:

E-MAIL:

8. DELIVERY / PERFORMANCE DEADLINE

Date <desired/obligatory>: September 30, 2020.

Date proposed by the applicant:

9. PROFFESSIONAL FEESThis is a performance-based contract for which deliverables will be paid based on the consultant’s daily level of effort. The consultant therefore should provide professional fees based on a day of 8 hours. All other costs for the assignment shall be met by the project. Please refer to the terms of reference below.

10. IDENTIFICATION OF THE TENDERER

A: Personal identityLast name, first name of the ten-derer:orName of the enterprise and legal form Nationality of the tenderer

Domicile / Registered office

Telephone number and fax number




B: Professional identitySubscription number Social Secur-ity OrganisationRegistration number in the trade register

Enterprise numberVAT registration, Business Licence, Tax clearance for year ending 30th Dec 2019,Represented by the undersigned(Name, first name and function)C: Contact and Bank Account DetailsContact person

Telephone number / fax number e-mail address

Account number for paymentsFinancial institution

Under the name of

11. AWARD CRITERIAThree specific award criteria will be followed to award a contract for this as-signment: Criteria 1: Understanding of assignment and proposed methodo-logy; Criteria 2: Performance before a Jury Criteria 3: Professional fees. Criteria 1: Understanding of the assignment and proposed methodology (25%)1 Coherence and structure of the technical proposal (10%2 Detailed methodology and approach to the assignment (15%)Criteria 2: Performance before a Jury* (35%)

1 Personality, Communication and Interpersonal skills2 Knowledge of the subject matter 3 Presentation skillsCriteria 3**: Daily Professional fees (40%).

*Expected to take place week of 14-18 October 2019**This shall be evaluated on the basis of the following formula: Value price criteria for offer Z = 20 * (lowest price / price offer Z)

By submitting this bid, the applicant ……………………………………………… de-clares renouncing his own (sales) conditions and commits to performing this order in accordance with the provisions of the specific purchase conditions attached, with the terms of reference and for the prices offered.

Professional fee quotations will be in Tanzanian Shillings, and are exclusive of VAT.

In accordance with the Specific conditions attached to this document, applicable law for this contract is Belgian law.

Certified true and sincere,




Signature of the applicant,

Annex 1.

Terms of Reference

1. IntroductionThe Government of Tanzania through the Ministry of Water, in collaboration with development partners, is investing in improving water supply infrastructure in the country. The improvements include construction of new water supply systems and rehabilitating and/or expanding the existing ones. Overall, most water supply systems which were constructed a couple of decades ago, are presently not functioning. This situation is attributed to many factors which include inappropriate planning and design considerations, water resource deficiency, ageing infrastructure, weak management structures with poor operations and maintenance arrangements.

Water and Sanitation Kigoma Region Project (WASKIRP) is a 5-year partnership project between the Governments of Belgium and Tanzania. The Belgian government has committed €8 million while the Government of Tanzania has pledged €800,000. The project is anchored in the Regional Administrative Secretariat in Kigoma where Enabel manages it with close collaboration with the Ministry of Water, through the Regional Engineer. In a new set up for the management of rural water supply services, the project is working through the newly-established Rural Water Supply Agency (RUWASA). Enabel is a Belgian public development agency mandated by the Belgian Government to oversee the execution of the project. Enabel has a country office in Dar es Salaam and project offices in Kigoma.

2. Background informationWASKIRP is aligned to Tanzanian Government development strategies and policies, including the Water Sector Development Program (WSDP) II. The WSDP II is a national government programme that seeks to strengthen the water sector institutions for integrated water resources management and improved access to water supply and sanitation services. The general objective of WASKIRP is to contribute towards equitable development and poverty reduction among communities in Kigoma region through improved access to safe and clean water supply and sanitation services. Specifically, the project seeks to increase access to safe water and sanitation services and reduce the burden related to water and sanitation amongst communities especially women and the youth in Kigoma region. It does so while addressing related environmental and social issues including gender and HIV/AIDS.

The project is aligned to national policies and strategies, contributing directly to the implementation of Tanzania Water Supply Development Programme (WSDP) and the MoW Sustainability Strategy (2015–2020). Consequently, the project supports the establishment, training and coaching




of Community-Based Water Supply Organizations (CBWSOs). As a pre-requisite for effective governance of rural water supply including sustainable operations and maintenance of water supply infrastructure, the project seeks to ensure that CBWSOs are established and capacitated to take the role of ensuring effective operations and management of the corresponding rural water supply schemes including sustainable planning and financing of all necessary subsequent operations and maintenance (O & M).

WASKIRP operates in six districts in Kigoma region namely, Uvinza, Kasulu, Kigoma, Buhigwe, Kibondo and Kakonko Districts. The five districts constitute singe village schemes respectively but Kigoma is constituting a group gravity scheme serving across seven villages.

Project target areasAs a regional project, WASKIRP is targeting each district in the region. There are six districts in Kigoma region, and each has been allocated one water supply scheme. The project seeks to rehabilitate Mkongoro1 gravity-fed piped water supply scheme in Kigoma rural district, and construct 5 new ones in Buhigwe, Uvinza, Kasulu, Kibondo and Kakonko Districts.

Figure 1: Map showing project Districts

Currently, water supply infrastructure construction and rehabilitation are under way and at different stages across different project sites in Mkongoro1 group water scheme in Kigoma district, Uvinza, Kasulu, Kibondo, Buhigwe and Kakonko Districts. At the same time initial community mobilization meetings have been successfully implemented in all six schemes in the region. In the context of the National Water Supply and Sanitation Act No 5 of 2019, management, operation and maintenance of each of the scheme being constructed or rehabilitated fall under the key roles of CBWSOs. On the other hand, lessons from previous rural water schemes in Tanzania have shown that such schemes face challenges of sustainability due to governance issues because often the CBWSOs lack the necessary experience and capacities to perform their key functions. Thus, WASKIRP is aspiring to integrate establishment of the CBWSOs with capacity building to enhance




improved equitable and sustainable management of water supply services within their respective areas of jurisdictions.

3. Objectives and scope of the assignment3.1. Broad Objective

The broad objective of this consultancy assignment is to support the establishment and registration; and capacity building of 6 CBWSOs and other relevant stakeholders for each of the water supply schemes in all WASKIRP’s six districts in Kigoma region. The prospect CBWSOs are expected to be established in each of the following districts; Kigoma, Uvinza, Kasulu, Kibondo, Buhigwe and Kakonko districts; whereby in Kigoma district a group CBWSO is expected to cut across seven villages.

3.2. Specific Objectivesi. To establish and register CBWSOs in all six (6) WASKIRP water

schemes ii. To facilitate CBWSOs capacity and system developmentiii. To facilitate financial and tariff analysis, setting up of tariff

guidelines and systemiv. To develop functional system for monitoring, evaluation,

accountability and learning

3.3. Scope of the consultancyThe scope of the assignment includes but not limited to the five sets of illustrative tasks as listed in Table 1 under both generic deliverables and each of the four specific objectives here below in Section 4 of these terms of reference.

4. Specific Tasks and DeliverablesSince this is a performance-based contract; Table 1 below provides a description of set of key expected deliverables under each specific objective for which compensation shall be made upon respective accomplishment.

Table 1: Summary of the Tasks and Expected Deliverables for the Consultancy




S/N Specific objectives and Tasks Expected deliverables

1..

Generic deliverablesi). An inception report that presents how the consultant will

address all the conceptual and operational requirements of these terms of reference. The report shall be accompanied by a detailed implementation plan.

ii). A consolidated study report of the current status of community water supply management in the 6 targeted communities in Kigoma region. The report shall include baseline and proposed targets for the villages and Districts and Regional Rural Water and Sanitation Agency.

iii). One overall consultancy report for all of the 6 CBWSOs. At the minimum the report should cover the following aspects:

o General introduction providing brief description of different tasks conducted and their justification including general and specific objectives of the consultancy

o Synthesis of the methodologies applied showing step-by-step journey towards different deliverables

o Key results/deliverables and conclusionso Lessons learnto Practical recommendations to guide WASKIRP

interventions in relation to the 6 CBWSOs over the rest of the project life

2. Objective 1: To establish and register CBWSOs in all six (6) WASKRIP water schemesTask 1: Conduct

orientation workshop for LGA on CBWSO establishment and operations

One workshop report detailing agenda covered, participants, issues and resolutions reached; and action-oriented recommendations, these to be followed up

Task 2: Conduct community mobilization to ensure each community understands the CBWSOs concept

One community mobilization report detailing schemes and villages covered (six schemes and 16 villages should be indicated), mobilization techniques used, number of people reached (males, females) and proof on increased community understanding on the concept of CBWSOs including key steps for establishment of CBWSOs





Task 3: Basing on participatory approaches, facilitate all the processes regarding establishment and registration of each of the 6 CBWSOs in all targeted 6 schemes in Kigoma region.

One CBWSOs establishment report detailing evidences to demonstrate the following key facts:o Documented sequence of steps

involved in establishment of each of the CBWSO including constraints encountered and how they were addressed

o One approved constitution for each of the 6 CBWSOs in accordance to the new Water Supply and Sanitation Act No. 5 of 2019

o Evidences of functional governance structure for each of the 6 CBWSOs. The functional governance should at minimum include complete leadership; and leaders with clear understanding of their roles and responsibilities in accordance with the new Water Supply and Sanitation Act No. 5 of 2019

o Each of the 6 CBWSOs is formally registered each with evidence of certificates of registration

3. Objective 2: To facilitate CBWSOs capacity and system developmentTask 1: Conduct training

needs assessment for CBWSOs in relation to their ideal roles and responsibilities

A training needs assessment report covering all of the 6 CBWSOs and detailing the following key aspects:o CBWSOs’ functionso Sets of knowledge and skills

that the CBWSOs’ require in order to fulfill their functions

o Identified gaps in knowledge and skills that require to be addressed through the training

Task 2: Develop training modules for CBWSOs staff based on their identified training needs. All modules shall require prior approval of the Project Implementation Unit before being used for training.

One CBWSOs training guide with modules developed based on the identified training needs. The modules shall be approved by the Project Implementation Unit prior being accepted as a deliverable





Task 3: Based on the training modules developed, conduct training to CBWSOs staff

One CBWSOs training report covering all of the 6 water supply schemes detailing the following key aspects:

o Training methodology adopted;

o Modules covered and timing for each module;

o Trainees (males, females) affiliation to different CBWSOs;

o Quantitative training assessment showing trainees satisfaction or dissatisfaction; and

o Verifiable proofs that CBWSOs’ staff job performance after the training is better than before

Task 4 Facilitate development of long and medium-term business strategy for each CBWSO through a participatory process.

One business strategy developed and documented for each of the 6 CBWSOs’. The strategy should cover the following key aspects:

o Vision, Mission Statement, Broad Objectives, specific aims for a 5-year period, activities to achieve the objectives; key milestones in the 5-year period

o Financial, Human Resource and technical support requirements to achieve the 5-year objectives

o 5-year financial estimates (income and expenditure) for each scheme.

o Summary notes of the key assumptions in the business strategy.

Task 5: Based on principles of transparency, accountability and professionalism, support each of the 6 CBWSOs to develop management systems

One CBWSO management system manual developed for the CBWSOs. The manual/guideline should cover the following key aspects:o Revenue collectiono Financial and human

resource managemento Monitoring, reporting and

verification protocolo Operation and maintenance

of water supply infrastructure

o Customer careo Record and storekeeping

principles.





Task 6: Basing on participatory processes, facilitate formulation of by-laws on among other things, catchment protection, and compliance on principles of sustainable water supply and regulating private connections.

One CBWSO by-laws formulated and documented for each of the 6 CBWSOs. At minimum the by-laws should cover the following aspects:o Catchment protectiono Compliance on principles of

sustainable water supplyo Regulating private

connections

Task 7: Facilitate gender analysis and ensure a good representation of women in the operations and in decision-making processes of respective beneficiary communities of the project.

One gender analysis report covering all the 6 CBWSOs. The report should provide analysis and details on the following key aspects:o Roles of men and women in

their communitieso Resources that men and

women haveo Needs and priorities of men

and women in relation to water supply and improved latrines

o Participation of men and women in decision making at the household and community levels

o Opportunities linked to improved water supply and their accessibility by men and women

o A framework of gender sensitive indicators for integration in the overall monitoring and evaluation

o Action plan to address obstacles likely to restrain women to benefit from opportunities associated with CBWSOs and improved water supply in general





Task 8: Facilitate a learning visit of key members of each CBWSO and their respective RUWASA and LGA personnel.

One learning visit report for each of the 6 CBWSOs clearly covering the following aspects:o Places or scheme visited,

and criteria used to select each of the scheme visited;

o Participants involved (males, females) and their affiliation to different CBWSOs

o Best practices and challenges identified from the visited areas

o Verifiable proofs on the changes in CBWSOs’ staff knowledge, attitude and skills as a result of the learning visit; and

o Action plan to help each of the CBWSOs adapt the best practices identified from the learning visit; and/or avoid challenges identified from the visited water scheme

Task 9: Support each CBWSO to develop a sanitation and hygiene promotion plan with attention to water point sanitation, domestic water management, improved latrine construction and use and hand-washing with soap.

A sanitation and hygiene promotion plan for each of the 6 CBWSOs clearly covering the interventions to promote sanitation and hygiene for:o Public DPso Households water storage

and managemento Creating demand for

construction and use of improved latrines

o Hand washing pointso Hand washing with soap

4. Objective 3: To facilitate financial and tariff analysis, setting up of tariff guidelines and systemTask 1: Conduct a review of

the methods and levels of the current revenue collection for each of the 6 schemes, identifying key challenges and recommend practical actions required for improvement

A report on the methods and levels of revenue collection for each of the 6 CBWSOs. The report should cover:o Strength and weaknesses of

the existing revenue collection methods

o Recommendations of actions required to address each of the weaknesses identified





Task 2: Based on the baseline revenue collection and other existing contextual information for each scheme, establish 5-year financial forecasts in the form of annual financial statements. The consultant will present different permutations based on various sales levels and tariff.

A report documenting financial forecasts for each of the 6 CBWSOs. At the minimum the report covers the following aspects:o Precise description of forecast

methodologies appliedo Annual financial permutations

under different context scenarios

o Assumptions underlying each of the permutations presented

Task 3: Estimate recurrent costs for each of the 6 schemes. The estimates shall consider among other things, operation and maintenance with expenditure categories that include spare parts; manpower requirements; transportation and administrative costs.

A report documenting recurrent costs for each the 6 schemes. The report should cover the following aspects:o Operation and maintenance

costs for each scheme with expenditure categories that include spare parts; manpower requirements; transportation and administrative costs.

o Assumptions used to derive costs and expenditure values for each of the six schemes.

Task 4: In close collaboration with RUWASA, develop a simple tariff guideline and support each water scheme to create a tariff system.

A tariff setting guideline based on conventional principles and existing contextual issues for CBWSOs. The guideline should cover the following key aspects:o Review of economic, social

and political tariff aspectso Review of legal framework

with respect to the need for communities to pay for water services

o Review of relevant principles for water tariff setting including principle of consumer pays, principle of equity and equality, principle of affordability, principle of conservation of natural resources, principle of full recovery of costs and principle of economic efficiency

o Proposed tariff structure and method of price calculation





Task 5: Facilitate orientation of the scheme managers and community representatives to the tariffs, guidelines and the tariff system.

A report on orientation of each of the 6 CBWSOs on the proposed tariffs and tariff systems covering the following key aspects:o Participants of the tariff

orientation sessions (males, females) affiliation to different CBWSOs

o Issues raised and resolutions reached

o Final tariffs and tariff system adopted for each of the 6 CBWSOs, justification and applicability of each of the different cases adopted

5. Objective 4: To develop functional system for monitoring, evaluation, accountability and learningTask 1:Establish relevant and

measurable indicators in order to help monitoring and evaluation of CBWSO and LGA water teams’ performance and progress over time.

A monitoring and evaluation plan integrating SMART criteria and indicators for monitoring performance of each of the 6 CBWSOs

Overall cost-effective mobile based monitoring and evaluation system integrating monitoring data from each of the 6 CBWSOs

Task 2:Examine accountability and audit practices of such schemes elsewhere and recommend how accountability at all levels and to all stakeholders will be enhanced in the schemes.

A literature review report on best practices and challenges on accountability and auditing of rural water schemes from various country and places

An accountability and auditing framework formulated and documented covering tools and mechanisms for enhancing accountability for each of the 6 CBWSOs

Task 3:Through a participatory process, facilitate the establishment and formalization of networks of scheme managers that promotes sharing of experiences and learning.

Establishment of formalized networks

report on the feasibility for clustering of different schemes occurring in one locality in accordance to section 36(1) of the new Water Supply and Sanitation Act 5 of 2019. The report should cover the following aspects:o Stakeholders consulted,

agenda discussed when and resolutions reached

o Terms of reference on roles and responsibilities of parties involved in the network

5. Costs, Payment and Logistical ArrangementsThis is a performance -based contract where the consultant’s level of efforts shall be compensated for upon completing one or a set of key deliverables as




outlined here below in these terms of reference. All payments will be made on the last working day of the month. A schedule and number of days for specific tasks will be agreed upon prior to undertaking any related activity. Upon approving an activity, the project shall agree with the consultant on the transport requirement and all related logistical arrangements. All transport and subsistence costs while on the assignment shall be borne by the project. Indemnity will be the responsibility of the consultant and therefore, he/she shall produce insurance of all personal insurance at the signing of the contract. While on the assignment, the project shall pay the consultant all subsistence allowances based on its policy. Cost for all printing works related to the assignment shall be borne by the project. However, the consultant shall ensure that he/she has a personal laptop computer for the assignment.

6. Duration of assignmentThis consultancy assignment will run be 136 days spread across a 12-month period.

7. End-of-assignment ReportsThe consultant shall submit to Enabel, 2 hard copies and an electronic copy on Flash Pen. The format of the report shall be agreed upon.

8. ReportingThe consultant shall report to the Enabel WASKIRP Intervention Manager.

9. Obligation of the ConsultantThe consultant will be responsible for the payment of local taxes and duties for all goods and services including levies during execution of the project.

10.Application/SubmissionOriginal copies of this document must be submitted:

Intervention Manager, WASKIRP,Lake Tanganyika Basin Water Board,P.O. Box 24, Kigoma.

Scanned copies of the same can be submitted electronically to: [email protected] no later than September 30, 2019 by 16hours.

Annex 2

SPECIFIC PURCHASE CONDITIONS WORKS,SUPPLIES AND SERVICES

General provisions Except when specified otherwise in the order or any related contractual document of the contracting authority, these Specific Purchase Conditions apply to orders for works, supplies and services placed in the name of and

mailto:[email protected]




for the account of Belgian Technical Cooperation (contracting authority). These orders are subjected to the following legal provisions: The following provisions apply for public works contracts: The rules governing the approval of contractors of works:o The Law of 20 March 1991, and any changes thereto, governing the ap-

proval of contractors of works;The rules for works that require an approved contractor.Acceptance of the order Any remark or dispute of the contractor about an order must be formulated in writing within 8 calendar days after the reception of the order. By default, the order is considered accepted. In case there is a remark or dispute formulated in the above-mentioned form and within the above-mentioned deadline, the contracting authority reserves the right to cancel the order with a simple written notification. Cancellation does not entitle to any form of indemnity. The acceptance of the order implies the acceptance of all related conditions, including these Specific Purchase Conditions. The sales conditions of the contractor do NOT apply to the order even if the acceptance refers to them.Moreover, the acceptance of an order supposes that the contractor undertakes to supply possible spare parts for the whole planned period of use of the goods delivered.The fact, for the contracting authority, not to have one of these specific conditions respected during the performance of the order does not mean that it has renounced to that condition.Prices Prices are given in Tanzanian Shillings. Except for VAT, these prices include all costs, taxes, duties and contributions of any kind, and namely: The costs for loading, transportation, insurance, customs clearance, deliv-

ery and unloading at the quay included, unless explicitly mentioned other-wise (DDP at place of delivery);

Packaging costs; Costs for any possible intellectual property rights.Unless contrary provisions have been agreed upon in writing and by mutual agreement, the fixed prices may in no case be increased, not for a later cost of raw material, nor by applying a clause referring to price indexation, nor for any other reason whatsoever.Considering it is based on a request for price quotation, an order may pertain to only a part or a quota lot of one or more goods and/or services having been the object of the request, yet, the contractor nevertheless undertakes to perform it without this reduction leading to a price increase from his part.Delivery / Performance modalities The delivery/performance deadlines agreed as well as the instructions about the delivery/performance address must be strictly observed. Any delivery must be accompanied by a delivery note mentioning the name of the contractor, the reference of the order form, the content of the package (nature of the goods and quantity) as well as all related required certificates and documents.Any exceeding of the delivery date specified for the goods, services and/or related documents or the given dates for the performance of the works, and this for whatever reason, shall result as of right and by the expiry of the deadline in the application of a fine for late performance of 0.07% of the amount of the order per commenced week of delay. This fine is limited to a maximum of 20% of the total amount of the order. A lump sum amount of € 250, for administrative costs, is also applicable for the same reasons. Moreover, the contracting authority reserves the right to possibly cancel the order and to turn to another contractor. Any possible extra cost shall be borne by the defaulting contractor.




Any costs for removing, transferring, forwarding and more in general any costs run by the contracting authority that can be charged to the defaulting contractor, are to be paid by him and are deducted from the amounts being owed to him.

Refusal and Acceptance of supplies and services, provisional accept-ance

The contractor delivers only goods and services that have no apparent and/or hidden defects and that correspond strictly to the order (in kind, quantity, quality…) and, if necessary, to the prescriptions of related documents as well as applicable regulations, in compliance with good practice, the state of the art, the highest standards of usage, of reliability and of longevity, and for the purposes that the contracting authority has in mind, which the contractor knows or at least should know.Acceptance (provisional acceptance) only takes place after the complete inspection by the contracting authority of the conformity of the goods and services delivered. The signature of (a staff member of) the contracting authority, in particular in electronic reception devices, upon delivery of the materials, does consequently only count as evidence of taking possession and does not concern the acceptance of the materials.Acceptance, i.e. complete provisional acceptance, is on the premises of the contracting authority or, where applicable, on the construction site. Acceptance implies the transfer of ownership and of risks of damage and loss.In case of full or partial refusal of a delivery, the contractor is bound to take back, at his own costs and risks, the products refused. The contracting authority may ask the contractor to deliver goods that comply as soon as possible, either cancel the order and get supplied by another supplier, without prejudice of the provisions under Article 4 of these specific purchase conditions. Warranty – final acceptance for supplies and services In addition to the legal guarantee against hidden defects, the products are guaranteed for (one) 1 year from the date of commissioning.During that time, at his own expense, the contractor repairs or replaces, as the contracting authority prefers, any defect, shortcomings and nonconform-ity found, and reimburses the contracting authority for any damage sus-tained as a direct or indirect result by itself or third parties. A new guarantee period of (one) 1 year applies to repairs and goods or ser-vices delivered as a replacement. Final acceptance is granted upon expiry of the guarantee period. Technical acceptance, acceptances and guarantee for works Provisional and final acceptances apply.A warranty of one (1) year is applicable on works done. It starts upon provisional acceptance. Security Any performance of a contract must meet the provisions of the Law of 4 August 1996 on well-being of workers in the performance of their work, the General Regulations on Industrial Safety (ARAB/RGPT), the Codex about welfare in the workplace, and their implementing decrees. The operations performed by the staff of the contractor when performing a contract are under the exclusive responsibility of the contractor. This responsibility includes any breach of the legal or regulatory prescriptions with regards to prevention and protection in the workplace.




Subcontracting and cession Test Contractors may, under their sole responsibility, call upon subcontractors for certain components of this order. Subcontracting is under the sole responsibility of the contractor and does in no way discharge the contractor of performance obligations under the contract vis-à-vis the contracting authority, which recognises no legal relation with subcontracting third parties.One contracting party may not cede its rights and relinquish its obligations resulting from the order to a third party, without having obtained in advance the written approval of the other party. Any cession requires the signing of an amendment to the existing contract.Invoicing and payment Invoices are submitted in duplicate (two copies) and mention the reference numbers and the date of the order form, the description of the goods or services delivered or of the works done with for each item the quantities as well as the unit prices and global prices exclusive and inclusive of VAT.For works, two copies of the technical acceptance report and of the provisional acceptance report and/or a copy of the works logbook must be attached to the invoices.Invoices in due form and not disputed are paid within 30 calendar days after reception of the invoice.Performance bondNo performance bond is required since the value of the contract is below 25,000€. Liability The contractor shall bear all risks related to the performance of the order.The contractor is liable to the contracting authority for any damage of any kind sustained by the contracting authority due to the contractor not fulfilling his obligations. In this respect, the contractor also covers the contacting authority against any third party claims.Insurance The contractor is bound to take out any obligatory insurance and to take out or renew any necessary insurance for the good performance of this order, especially insurance covering “civil liability” (minimum amount insured: 1,250,000 euros), “work accidents” (minimum amount insured: 35,000 euros) and “transport-related risks”, and this for the whole period of the assignment.The policies to be taken out by the contractor must stipulate that no changes or termination of the policy or no suspension of the coverage may be applied without the insurer informing the contracting authority of this measure at least one month in advance.The contractor will send the contracting authority, upon simple demand, a copy of proof of regular payment of the premiums that are borne by him.Intellectual property rights The contractor must cover the contracting authority against any third-party claims of violation of intellectual property rights on the goods or services delivered.The contractor must assume, without limitation as to the amount, all payments of compensation, costs or expenditure ensuing from and borne by the contracting authority in a legal action, which is based on such a claim, provided the contractor has the right to overview the defence and negotiations with a view to an amicable settlement. The contractor undertakes, either to obtain the right for the contracting authority to use the products concerned, or to modify or replace the




products, at his cost, in order to put an end to any imitation, albeit without altering the fundamental specifications of the products.The acquisition price of any patent rights and any other intellectual property rights, as well as the royalties owed for the exploitation licence of the patent and any other royalties are borne by the contractor, regardless whether their existence was mentioned or not in the contract documents.The service provider integrally, definitively and exclusively and without any financial compensation cedes any author rights or industrial property rights that he holds or will create in the context of this contract to BTC. This ces-sion will take place at the time of acceptance of the works that are protected by copyrights.Obligation of confidentiality Any commercial, organisational and/or technical information (all data, including, and this without limitation, the passwords, documents, schedules, plans, prototypes, figures) that the contractor gets hold of through this order remain the property of the contracting authority.The contractor undertakes to: Keep confidential any information received and not to transfer it to a third

party without the preliminary written permission of the contracting author-ity;

Use the information received only for the purpose of the order; Communicate information received only to staff members who need it for

the order; Send back information received and any possible copies upon simple de-

mand to the contracting authority.

This obligation of confidentiality applies for the whole duration of the order, and, unless stipulated otherwise, will remain in force for a period of two years starting on the due date of the order. Data and information system securityIn case resources are supplied concerning the information systems of the contracting authority, to work with these or simply use these, the contractor ensures: To take the necessary (technical and organisational) security measures to

manage the risks regarding the systems, applications, information and re-lated delegations;

To respect IT governance rules applicable and especially the access policy; To respect the prohibition to import data without preliminary notice to and

authorisation from the contracting authority; To respect the prohibition to export data from the contracting authority to

the outside.VAT exemption For deliveries, BTC is exempted from paying VAT for the goods purchased in view of using them in the countries outside the European Community for the execution of its development tasks in these countries.For services, the place of the performance of the services is determining. In principle it is the place where the service provider has established the office of economic activity or a fixed institution where the service is performed. If the service provider has no such office or fixed institution, the domicile or usual fixed residence is determining.When the service provider is outside a country of the European Community, BTC is subject to the fiscal regime of the country and not to the Belgian VAT obligation. Litigation Only Belgian law applies. Any litigation about the order and these Specific Purchase Conditions are the




exclusive competence of the Brussels Courts.

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