REQUEST FOR QUOTATION (RFQ) Project GNB Project in support to the electoral process in PALOP & Timor-Leste (PRO-PALOP/TL)

Transcription

1 REQUEST FOR QUOTATION (RFQ) NAME & ADDRESS OF FIRM: DATE: 19/10/2010 REFERENCE: RFQ 140 Translation services PRO-PALOP/TL Project GNB Project in support to the electoral process in PALOP & Timor-Leste (PRO-PALOP/TL) Dear Sir / Madam, The PRO-PALOP/TL project aims at the consolidation of lusophone Electoral Management Bodies (EMBs) within the ACE Electoral Knowledge Network and to disseminate tools and methodologies on electoral management, in Portuguese, adapted to the needs and specificities of PALOP and Timor Leste. For this purpose the project would like to enter into a long term agreement with one or several institutions/cabinets for translation services (See Annex I- General Terms and Conditions and Annex II - Terms of references). Please send your proposals in a sealed envelope, clearly indicating the reference RFQ 140 Translation Services PRO-PALOP/TL to the following address: PNUD Guinea-Bissau Bâtiments des NU - Rue Rui Djassi, 3ème étage (Registre) CP 179 / BOX 1011 Bissau (Guinée-Bissau) Or by (soumissions.gw@undp.org) Deadline: Tuesday 2 nd of November 2010 (COB) If further clarification is required you can send your request to: registry.gw@undp.org (please note this address is only to be used for clarifications and not for sending proposals). Best regards, Julie Spiller Procurement Specialist 1

2 Annex I General Terms and Conditions 1. ACCEPTANCE OF THE PURCHASE ORDER This Purchase Order may only be accepted by the Supplier's signing and returning an acknowledgement copy of it or by timely delivery of the goods in accordance with the terms of this Purchase Order, as herein specified. Acceptance of this Purchase Order shall effect a contract between the Parties under which the rights and obligations of the Parties shall be governed solely by the terms and conditions of this Purchase Order, including these General Conditions. No additional or inconsistent provisions proposed by the Supplier shall bind UNDP unless agreed to in writing by a duly authorized official of UNDP. 2. PAYMENT UNDP shall, on fulfilment of the Delivery Terms, unless otherwise provided in this Purchase Order, make payment within 30 days of receipt of the Supplier's invoice for the goods and copies of the shipping documents specified in this Purchase Order Payment against the invoice referred to above will reflect any discount shown under the payment terms of this Purchase Order, provided payment is made within the period required by such payment terms Unless authorized by UNDP, the Supplier shall submit one invoice in respect of this Purchase Order, and such invoice must indicate the Purchase Order's identification number The prices shown in this Purchase Order may not be increased except by express written agreement of UNDP. 3. TAX EXEMPTION 3.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for utilities services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize UNDP's exemption from such taxes, duties or charges, the Supplier shall immediately consult with UNDP to determine a mutually acceptable procedure. 2

3 3.2 Accordingly, the Supplier authorizes UNDP to deduct from the Supplier's invoice any amount representing such taxes, duties or charges, unless the Supplier has consulted with UNDP before the payment thereof and UNDP has, in each instance, specifically authorized the Supplier to pay such taxes, duties or charges under protest. In that event, the Supplier shall provide UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized. 4. RISK OF LOSS Risk of loss, damage to or destruction of the goods shall be governed in accordance with DDU Incoterms 2000, unless otherwise agreed upon by the Parties on the front side of this Purchase Order. 5. EXPORT LICENCES Notwithstanding any INCOTERM 2000 used in this Purchase Order, the Supplier shall obtain any export licences required for the goods. 6. FITNESS OF GOODS/PACKAGING The Supplier warrants that the goods, including packaging, conform to the specifications for the goods ordered under this Purchase Order and are fit for the purposes for which such goods are ordinarily used and for purposes expressly made known to the Supplier by UNDP, and are free from defects in workmanship and materials. The Supplier also warrants that the goods are contained or packaged adequately to protect the goods. 7. INSPECTION 1. UNDP shall have a reasonable time after delivery of the goods to inspect them and to reject and refuse acceptance of goods not conforming to this Purchase Order; payment for goods pursuant to this Purchase Order shall not be deemed an acceptance of the goods. 2. Inspection prior to shipment does not relieve the Supplier from any of its contractual obligations. 8. INTELLECTUAL PROPERTY INFRINGEMENT The Supplier warrants that the use or supply by UNDP of the goods sold under this Purchase Order does not infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty, indemnify, defend and hold UNDP and the United Nations harmless from any actions or claims brought against UNDP or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Purchase Order. 3

4 9. RIGHTS OF UNDP In case of failure by the Supplier to fulfil its obligations under the terms and conditions of this Purchase Order, including but not limited to failure to obtain necessary export licences, or to make delivery of all or part of the goods by the agreed delivery date or dates, UNDP may, after giving the Supplier reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights: a) Procure all or part of the goods from other sources, in which event UNDP may hold the Supplier responsible for any excess cost occasioned thereby. b) Refuse to accept delivery of all or part of the goods. c) Cancel this Purchase Order without any liability for termination charges or any other liability of any kind of UNDP. 10. LATE DELIVERY Without limiting any other rights or obligations of the parties hereunder, if the Supplier will be unable to deliver the goods by the delivery date(s) stipulated in this Purchase Order, the Supplier shall (i) immediately consult with UNDP to determine the most expeditious means for delivering the goods and (ii) use an expedited means of delivery, at the Supplier's cost (unless the delay is due to Force Majeure), if reasonably so requested by UNDP. 11. ASSIGNMENT AND INSOLVENCY The Supplier shall not, except after obtaining the written consent of UNDP, assign, transfer, pledge or make other disposition of this Purchase Order, or any part thereof, or any of the Supplier's rights or obligations under this Purchase Order Should the Supplier become insolvent or should control of the Supplier change by virtue of insolvency, UNDP may, without prejudice to any other rights or remedies, immediately terminate this Purchase Order by giving the Supplier written notice of termination. 12. USE OF UNDP OR UNITED NATIONS NAME OR EMBLEM The Supplier shall not use the name, emblem or official seal of UNDP or the United Nations for any purpose. 13. PROHIBITION ON ADVERTISING The Supplier shall not advertise or otherwise make public that it is furnishing goods or services to UNDP without specific permission of UNDP in each instance. 4

5 14. CHILD LABOUR The Supplier represents and warrants that neither it nor any of its affiliates 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. Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order immediately upon notice to the Supplier, without any liability for termination charges or any other liability of any kind of UNDP. 15. MINES The Supplier represents and warrants that neither it nor any of its affiliates is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of Any breach of this representation and warranty shall entitle UNDP to terminate this Purchase Order immediately upon notice to the Supplier, without any liability for termination charges or any other liability of any kind of UNDP. 16. SETTLEMENT OF DISPUTES 16.1 Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Purchase Order or the breach, termination or invalidity thereof. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the Parties Arbitration Unless, any such dispute, controversy or claim between the Parties arising out of or relating to this Purchase Order or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this Section within sixty (60) days after receipt by one Party of the other Party's request for such amicable settlement, such dispute, controversy 5

6 or claim shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining, including its provisions on applicable law. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute. 17. PRIVILEGES AND IMMUNITIES Nothing in or related to these General Terms and Conditions or this Purchase Order shall be deemed a waiver of any of the privileges and immunities of the United Nations, including its subsidiary organs. 6

7 Annex II Terms of References Translation of BRIDGE training modules, ACE Encyclopaedia chapters and electoral assistance/management and Parliamentary development handbooks I. Assignment Information This Request addresses academic institutions/institutes and specialized cabinets working and carrying out research in the domain of democratic governance, elections and parliamentary development with proven capacity and expertise in the field of translation (mainly from English to Portuguese, but also from French to Portuguese). The institutions/cabinets should provide in attachment to the proposal a detailed Resume of the team leader(s) and relevant information on the institution/cabinet work in the required fields. The institutions/cabinets will provide a proposal on the basis of the present Terms of Reference (ToR) to UNDP Guinea Bissau within the delay established in hard or soft copy. Only the applicants with pre-selected proposals will be contacted by UNDP Guinea Bissau. Reports to: Senior Electoral Assistance Advisor, UNDP Brussels Office (also coordinator of the Joint EC- UNDP Task Force on Electoral Assistance)/Deputy Resident Representative Programme, UNDP Country Office in Guinea Bissau Department: UNDP Bissau Contract Type and Duration: Long Term Agreement (one year renewable) II. Background The PALOP countries and Timor Leste share an historical background, linguistic and cultural familiarities. Nevertheless, we can hardly say that the PALOP-TL constitute a geographical homogenous block. Besides the geographical discontinuity, while some of these countries are among the least developing countries, others are within middle income countries; some are among the biggest countries in the African continent while others are among the smallest in the world. In fact, they are quite dissimilar in population size, geographical dimension and location, GDP and HDI. Regardless of this fact, as a regional space, the PALOP and Timor Leste have huge potential and represent a total area of 2,104,451sq km, with a total population of 37,776,300 growing at an average rate of 1.93%. More than 62% of PALOP and Timor Leste inhabitants having more than 15 years old are capable of read and write and average real GDP growth is 6.52%, while average GDP per capita is US$ 2,967. HDI average of the PALOP and Timor Leste is

8 The ACP Portuguese Speaking Countries (PALOP and Timor Leste) although dissimilar among themselves on geographical and demographical terms, share a strong identity based on history, culture and also on a common institutional heritage. As a consequence and notwithstanding the fact that independence of all the PALOP dates now of more than 30 years, similar characteristics and patterns of performance can be found among them. The common factors regard at least the following relevant aspects of political and societal nature: structure and organizational culture of central public Administration, legal system and Justice Administration, careers and qualifications of Civil Servants, management practices of public finances. Portuguese-speaking African countries (PALOP) and Timor-Leste signed a Memorandum of Understanding (MoU) with the EC on the continuation of their long-standing cooperation. Timor-Leste will be part of this cooperation for the first time. The focus of future activities will be on democratic governance as a key determinant for poverty reduction, including, in particular, political governance, government effectiveness, economic governance and social governance. These activities are being integrated into a multi-country approach, the Governance Initiative, which will make it possible to identify common solutions to common problems, to exchange know-how and experience and to disseminate best practices. The Governance Initiative funds a set of projects throughout contributions of each PALOP and Timor Leste National Indicative Programmes within the 10 th EDF (33.1 million Euros, around 4% of each PALOP and Timor Leste PIN). It was against this background, and rich with the experience of the specific missions carried out in the last two years in Mozambique, Angola, Guinea Bissau and Cape Verde, that the EC-UNDP Task Force was requested to support both UNDP and the EC to formulate the project to support the electoral cycles in the PALOP and Timor Leste to be financed under the 10 th EDF in the field of electoral assistance and in the broader area of democratic governance. Between December 2008 and June 2009, five formulation missions were carried out in Guinea Bissau, Cape Verde, Mozambique and Timor Leste by the Joint EC-UNDP Task Force on Electoral Assistance/UNDP Brussels Office. Angolan representatives (National Director for Elections and two MPs presidents of parliamentarian commissions for HR and Ethics) encounter the EC-UNDP JTF in Brussels to discuss the project activities. The key stakeholders of the project include a wide variety of governance institutions (e.g. Electoral Management Bodies -EMBs, Parliaments, Judiciary) and civil society organizations (e.g. domestic observation groups, women s groups, media) directly concerned and involved in the project. The final beneficiaries of the project include all citizens of the PALOP/TL who benefit from enhanced democratic governance and accountability, and from opportunities of civic engagement in the electoral process. The project in support of the electoral cycles in the PALOP and Timor Leste takes as departure baseline the assumption that these countries electoral institutions and frameworks share problems and constraints among them that are essentially related with similarities among their institutional and legal electoral frameworks. These shortcomings could be better addressed through a common approach that would be able to maximize and promote synergies between the beneficiaries. The longstanding collaboration between Portuguese, Brazilian, PALOP and Timor Leste EMBs; their sustainable and systematic presence in the EC-UNDP-IDEA effective electoral trainings to exchange experiences and facilitate training sessions/present case studies represent a window of opportunities for the PALOP and Timor Leste and, of course, a clear example of complementarity. Partially, as result of these relationships and exchanges of experiences between the Portuguese, the Brazilian and ACP 8

9 Portuguese Speaking Countries, the project s beneficiaries will benefit from a very solid body of electoral knowledge and experiences throughout the access of relevant PALOP and Timor Leste practitioners and EMB officials to the Brazilian National Electoral Administration School as well as the continuing traditional capacity development activities provided by Portuguese EMBs. To enhance and develop the electoral cycle approach in the fields of electoral assistance and management, the Joint EC-UNDP Task Force and IDEA have been organizing and facilitating training workshops on effective electoral assistance for EMB staff, International Organizations officials and desk officers, EC and UNDP staff and desk officers both at Headquarters and country levels. Six face-to-face training workshops were already organized since 2005 in Europe and Africa allowing exchange and comparative experiences between UNDP, EC field staff, Electoral Management Bodies (EMBs) and practitioners on policy and strategy framework that governs both EU and UN involvement in elections and get them familiar with the electoral cycle approach in order to build capacity for formulation and implementation of future electoral assistance projects. The 7 th workshop was organized in Accra, Ghana, in June 2009 and future workshops will articulate closely with the project activities and direct beneficiaries. The project aims to address the electoral processes as ongoing and cyclical activities rather than being event driven at designated points in time, and will seek entry points for activities in the different phases of the electoral cycle and within the wider democratic governance perspective. The production of tools, materials and operating procedures will also remain even when individuals change. The sustainability and ownership of the proposed actions is addressed by making the participatory approach ranging from identification to the evaluation phase and ensuring that Project activities are coherent with the existing strategic frameworks and that all activities have a long-term institutional capacity focus. The activities could be grouped in two essential categories: one group of activities transversal to all beneficiary countries, addressing common needs; another group of activities coming in response to the specificities of each PALOP and Timor Leste. The first set of activities is built on the synergies to be developed through the exchange of experiences, the translation and delivery of existing electoral knowledge in Portuguese and adapted to the PALOP and Timor Leste contexts. The implementation of these activities will be directly supported by the Joint EC- UNDP Task Force through UNDP Brussels Office, in close coordination with UNDP Country Office in Guinea Bissau and the Project Management Unit (PMU). Though these activities, the project aims at the consolidation of lusophone EMBs within the ACE Electoral Knowledge Network and to disseminate tools and methodologies on electoral management, in Portuguese, adapted to the needs and specificities of PALOP and Timor Leste. This overall objective will be asserted through the following results: Tools and methodologies on electoral management are translated in Portuguese and adapted to the needs and specificities of PALOP and Timor Leste ; and Technical and financial support contributes to the consolidation of the lusophone electoral management bodies in association with the ACE Electoral Knowledge Network. More specifically, the activities to be implemented are: Translation and delivery of the BRIDGE training module in electoral administration in Portuguese Language; 9

10 Production of face-to-face and e-learning Training Modules on Electoral Administration in Portuguese Language, and translation to Portuguese of existing literature on electoral assistance and electoral administration; Translation of the ACE Encyclopedia in Portuguese ( III. Key Results and Expected deliverables The institution/cabinet will work in liaison with the project s parliamentary development and electoral assistance officer and the electoral assistance specialist, and under the coordination of the Senior Electoral Assistance Advisor of UNDP Brussels Office (also Coordinator of the Joint EC-UNDP Task Force on Electoral Assistance) and the overall supervision of the Deputy Resident Representative Programme of UNDP Guinea Bissau. The institution/cabinet will carry out the following tasks and provide the following products: 1. Produce a Glossary in Portuguese Language of main electoral terminology (and respective acronyms) deriving from the translated material agreed on a consensual basis among the main Electoral Management Bodies (EMBs) of the PALOP and Timor Leste. This Glossary should have as main baseline the terminology in use by Portuguese and Brazilian EMBs in line with the Orthographic Agreement signed by the Community of Portuguese Speaking Countries (CPLP). Product: The Glossary is available within 60 working days from the starting date of the contract. 2. Translate from English to Portuguese Language the selected BRIDGE training modules in electoral administration: Products: 1) Modules x to z are translated within 30 working days from the starting date of the contract; 2) Modules y to w are translate within 45 working days from the start date of the contract; 3) Modules xx to zz are translated within 60 working days from the starting date of the contract. 3. Translate from English to Portuguese Language the selected ACE Encyclopedia volumes: Products: 1) Volumes x to z are translated within 30 working days from the starting date of the contract; 2) Volumes y to w are translate within 45 working days from the start date of the contract; 3) Volumes xx to zz are translated within 60 working days from the starting date of the contract. 4. Translation from English to Portuguese Language of the selected e-learning Training Modules on Effective Electoral Assistance: Products: 1) Modules x to z are translated within 30 working days from the starting date of the contract; 2) Modules y to w are translate within 45 working days from the start date of the contract; 3) Modules xx to zz are translated within 60 working days from the starting date of the contract. 10

11 5. Translation from English to Portuguese Language of the face-to-face Training Material (Participants Manual) on Effective Electoral Assistance: Products: 1) Manual is translated within 45 working days from the starting date of the contract. 6. Translation from English to Portuguese Language of selected items of elections and parliamentary development related literature. An estimative amount of 5000 pages is set as primary quantitative value. UNDP Bissau is expected to provide an additional and definitive quantitative value in the contract mid-term period to the institution/cabinet. IV. Structure of the proposal The proposal should be structured as follows: 1. Presentation of the institution/cabinets; 2. Presentation of translation record made in the past with use of electoral terminology; 3. Presentation of list of clients and references; 4. Presentation of timelines for translations; 5. Price per word. V. Qualifications Outstanding translation and editing skills in English, French and Portuguese. Experience with use of electoral and parliamentary development terminology. Ability to work under pressure and meet strict deadlines. Ability to produce a high volume of quality content. Experience with the UN system in general and UNDP in particular is an asset. Cabinets/Institutions from PALOP & Timor-Leste are strongly encouraged to apply. 11