request for proposal (rfp) cost consultant (chartered
TRANSCRIPT
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Request for Proposal (RFP)
Cost Consultant (Chartered Quantity Surveyor) for Green One UN House
Cover Letter Date: 23 December 2009
Dear Sir/Madam,
Subject: RFP for Cost Consultant (Chartered Quantity Surveyor) for Green One UN
House
1. Firms are requested to submit a proposal for the role of Cost Consultant (Chartered
Quantity Surveyor for the Green One UN House, as per enclosed Terms of Reference
(TOR).
2. To enable you to submit a proposal, attached are:
i. Instructions to Offerors (Annex I)
ii. General Conditions of Contract (Annex II)
iii. Model Contract for Professional Consulting Services (Annex III)
iv. Terms of Reference (TOR) (Annex IV)
v. Evaluation Criteria (Annex V)
vi. Technical Proposal Submission Forms (Annex VI)
vii. Financial Proposal Submission Forms (Annex VII)
3. The following annex is also available to firms intending to submit a proposal:
viii. Design Brief (Annex VIII)
To obtain a copy of the Design Brief, please email [email protected] cc.
[email protected] with a signed copy of Attachment 0 - Confidentiality
Undertaking.
4. Firms wishing to submit a proposal are invited to attend a site visit and pre-bid
conference which will be also open to prequalified firms/consortia for the role of Design
Team for the Green One UN House. Details attached to this letter.
5. If you intend to attend the site visit and pre-bid conference, please send an email to
[email protected] confirming your intention to attend and listing the names of
personnel who will attend on behalf of your firm / consortium.
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6. If you request additional information, we would endeavor to provide information
expeditiously (refer Annex 1 B.4 on issue of addenda), but any delay in providing such
information will not be considered a reason for extending the submission date of your
proposal.
7. Your offer comprising of technical proposal and financial proposal, submitted
electronically in pdf format, should reach the following email address no later than:
16 hours (Ha Noi time) on 22 February 2010
Technical proposals:
Email to: [email protected]
Subject heading: Technical Proposal for Cost Consultant for Green One UN House: {
name of Offeror }
Financial proposals:
Email to: [email protected]
Subject heading: Financial Proposal for Cost Consultant for Green One UN House: {
name of Offeror }
8. Please note that there is a file size limit of 3MB on these email addresses. Therefore, submissions
larger than this should be broken down, compressed and submitted in constituent parts, with the
component parts clearly labeled and referenced to page numbers within the submission.
9. Your attention is drawn to the maximum page limits specified where appropriate in the
Returnable Schedules. Pages provided by Offerers beyond the specified page limits will not be
included in the evaluation.
10. Firms which have prequalified to submit a proposal for the role of Design Teams may also
respond to this Request for Proposals for Cost Consultant (Chartered Quantity Surveyor).
However, kindly note that the Design Team proposals will be evaluated first and the successful
Design Team will be excluded from consideration for the Cost Consultant role. Both the
successful Design Team and successful Cost Consultant will be excluded from all subsequent
consultancies and associated works associated with the Green One UN House, including civil
works.
Yours sincerely,
Barnaby Jones
Deputy Country Director
United Nations Development Program
25-29 Phan Boi Chau
Han Noi, Viet Nam
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INVITATION TO SITE VISIT AND PRE-BID CONFERENCE FOR GREEN ONE UN
HOUSE PROJECT
DATE: 7 JANUARY 2010
1. SITE VISIT: UNITED NATIONS APARTMENT BUILDING (UNAB)
ADDRESS: 304 KIM MA ST., BA DINH, HANOI
TIME: 1:30PM – 2:30 PM
2. PRE-BID CONFERENCE: LA THANH HOTEL, COFERENCE ROOM No. 2
ADDRESS: 218 DOI CAN ST. BA DINH, HANOI
TIME: 2:45PM – 4:30PM
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Annex 0 TEMPLATE FOR CONFIDENTIALITY AGREEMENT
(To be printed on the Official Letterhead of the Company)
Kindly sign and return a copy of this letter to indicate your acceptance to its terms.
Date
Mr Barnaby Jones
Deputy Country Director (Operations)
United Nations Development Programme
25-29 Phan Boi Chau
Hanoi, Viet Nam
Dear Mr Jones,
SUBJECT: COST CONSULTANT (CHARTERED QUANTITY SURVYEOR) FOR THE
GREEN ONE UN HOUSE IN VIET NAM
In consideration of UNDP agreeing to provide us with further information relating to the Green One
UN House Project („the project‟), I hereby certify that (Company Name) hereby
agrees to abide by the terms of this letter as set out below:
(1) We acknowledge that all information given to us as part of the Design Brief is confidential
and shall not without UNDP‟s prior written consent be either used for any purpose outside the
Project or be disclosed to any person except to our selected sub-consultants specifically
identified for the Project who we shall also require to be bound by this confidentiality
agreement, or those specifically authorised by UNDP or as is required by law.
(2) We each acknowledge that any information we receive about the UN in Viet Nam‟s practices,
accounts, staff, contacts and plans is confidential except as already available in the public
domain and shall not be disclosed to any person except where specifically authorised by
UNDP or as is required by law.
Signed:
(President / CEO / Chairman)
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Annex I
Instructions to Offerors
A. Introduction
1. General
You are requested to submit in English a proposal for the role of Cost Consultant
(Chartered Quantity Surveyor) for the Green One UN House in Hanoi. Your proposal
should address the Terms of Reference provided at Annex IV.
2. Cost of proposal
The Offeror shall bear all costs associated with the preparation and submission of the
Proposal, the UNDP will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the solicitation.
B. Solicitation Documents
3. Contents of solicitation documents
Proposals must offer services for the total requirement. Proposals offering only part of the
requirement will be rejected. The Offeror is expected to examine all corresponding
instructions, forms, terms and specifications contained in the Solicitation Documents.
Failure to comply with these documents will be at the Offeror‟s risk and may affect the
evaluation of the Proposal.
4. Clarification of solicitation documents
A prospective Offeror requiring any clarification of the Solicitation Documents may
notify the procuring UNDP entity in writing to:
Requests for clarification must be submitted to the above email address at least two weeks
prior to the deadline for proposals UNDP will provide responses to requests for
clarification in the form of formal addenda which will be posted on the UNDP website –
http://www.undp.org.vn/get-involved/undp-opportunities/
on two dates 30 December 2009 and 4 January 2010.
These addenda will include a copy of the request for clarification but will not identify the
source of the inquiry.
Applicants are responsible for checking the UNDP website on these two dates for any
addenda to this Request for Proposals. UNDP reserves the right to post addenda up to the
closing date for submissions. Hence bidders are advised to check the UNDP website
prior to submitting their proposal.
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5. Amendments of solicitation documents
At any time prior to the deadline for submission of Proposals, the procuring UNDP entity
may, for any reason, whether at its own initiative or in response to a clarification
requested by a prospective Offeror, modify the Solicitation Documents by amendment.
Any amendments to the Solicitation Documents will be posted on the UNDP website:
http://www.undp.org.vn/get-involved/undp-opportunities/
In order to afford prospective Offerors reasonable time in which to take the amendments
into account in preparing their offers, the procuring UNDP entity may, at its discretion,
extend the deadline for the submission of Proposals.
C. Preparation of Proposals
6. Language of the proposal
The Proposals prepared by the Offeror and all correspondence and documents relating to
the Proposal exchanged by the Offeror and the procuring UNDP entity shall be written in
the English. Any printed literature furnished by the Offeror may be written in another
language so long as accompanied by an English translation of its pertinent passages in
which case, for purposes of interpretation of the Proposal, the English translation shall
govern.
7. Documents comprising the proposal
The Proposal shall comprise the following components:
(a) Technical Proposal in the form specified in the Returnable Schedules provided at Annex
VI; and
(b) Financial Proposal in the form specified in the Returnable Schedules provided at Annex
VII.
8. Proposal currencies
All prices shall be quoted in US dollars or any convertible currency.
9. Period of validity of proposals
Proposals shall remain valid for one hundred and twenty (120) days after the date of
Proposal submission prescribed by the procuring UNDP entity, pursuant to the deadline
clause. A Proposal valid for a shorter period may be rejected by the procuring UNDP
entity on the grounds that it is non-responsive.
In exceptional circumstances, the procuring UNDP entity may solicit the Offeror‟s
consent to an extension of the period of validity. The request and the responses thereto
shall be made in writing. An Offeror granting the request will not be required nor
permitted to modify its Proposal.
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10. Format and signing of proposals
The Proposal shall be signed by the Offeror or a person or persons duly authorised to bind
the Offeror to the contract.
D. Submission of Proposals
11. Sealing and marking of proposals
The Offeror shall submit the technical proposal and financial proposal separately to the
email addresses specified in paragraph 3 of the cover letter to this Request for Proposals.
12. Deadline for submission of proposals
Proposals must be received by the procuring UNDP entity at the email address specified
in paragraph 3 of the cover letter to this Request for Proposals. no later than day/hour,
local time specified under paragraph 3 of the cover letter to this Request for Proposals.
The procuring UNDP entity may, at its own discretion extend this deadline for the
submission of Proposals by amending the solicitation documents in accordance with
clause Amendments of Solicitation Documents, in which case all rights and obligations of
the procuring UNDP entity and Offerors previously subject to the deadline will thereafter
be subject to the deadline as extended.
13. Late Proposals
Any Proposal received by the procuring UNDP entity after the deadline for submission of
proposals, pursuant to clause Deadline for the submission of proposals, will be rejected.
14. Modification and withdrawal of Proposals
A Proposal shall contain no interlineations, erasures, or overwriting except, as necessary
to correct errors made by the Offeror, in which case such corrections shall be initialled by
the person or persons signing the Proposal.
The Offer or may withdraw its Proposal after the Proposal‟s submission, provided that
written notice of the withdrawal is received by the procuring UNDP entity prior to the
deadline prescribed for submission of Proposals.
The Offeror‟s withdrawal notice shall be prepared, sealed, marked, and dispatched in
accordance with the provisions of clause Deadline for Submission of Proposals. The
withdrawal notice may also be sent by telex or fax but followed by a signed confirmation
copy.
No Proposal may be modified subsequent to the deadline for submission of proposals.
No Proposal may be withdrawn in the Interval between the deadline for submission of
proposals and the expiration of the period of proposal validity specified by the Offeror on
the Proposal Submission Form.
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E. Opening and Evaluation of Proposals
15. Opening of proposals
The procuring UNDP entity will open the Proposals in the presence of a Committee
formed by the Head of the procuring UNDP entity.
16. Clarification of proposals
To assist in the examination, evaluation and comparison of Proposals, the Purchaser may
at its discretion, ask the Offeror for clarification of its Proposal. The request for
clarification and the response shall be in writing and no change in price or substance of
the Proposal shall be sought, offered or permitted.
17. Preliminary examination
The Purchaser will examine the Proposals to determine whether they are complete,
whether any computational errors have been made, whether the documents have been
properly signed, and whether the Proposals are generally in order.
Arithmetical errors will be rectified on the following basis: If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall be corrected. If the Offeror
does not accept the correction of errors, its Proposal will be rejected. If there is a
discrepancy between words and figures the amount in words will prevail.
Prior to the detailed evaluation, the Purchaser will determine the substantial
responsiveness of each Proposal to the Request for Proposals (RFP). For purposes of
these Clauses, a substantially responsive Proposal is one which conforms to all the terms
and conditions of the RFP without material deviations. The Purchaser‟s determination of
a Proposal‟s responsiveness is based on the contents of the Proposal itself without
recourse to extrinsic evidence.
A Proposal determined as not substantially responsive will be rejected by the Purchaser
and may not subsequently be made responsive by the Offeror by correction of the non-
conformity.
18. Evaluation and comparison of proposals
Proposals will be assessed on a cumulative analysis: that is a total score is obtained upon
the combination of weighted technical and financial attributes, wherein technical
attributes represent 70% of the weighting and financial attributes represents 30% of the
weighting.
TOTAL WEIGHTING OF TECHNICAL (70%) + FINANCIAL PROPOSALS (30%) =
100%
The highest rated proposal will be selected on the highest cumulative score of the
weighted technical and financial attributes.
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Refer Annex V which sets out the assessment criteria and evaluation methodology.
F. Award of Contract
19. Award criteria, award of contract
The procuring UNDP entity reserves the right to accept or reject any Proposal, and to
annul the solicitation process and reject all Proposals at any time prior to award of
contract, without thereby incurring any liability to the affected Offeror or any obligation
to inform the affected Offeror or Offerors of the grounds for the Purchaser‟s action
Prior to expiration of the period of proposal validity, the procuring UNDP entity will
award the contract to the qualified Offeror whose Proposal after being evaluated is
considered to be the most responsive to the needs of the organisation and activity
concerned.
20. Purchaser‟s right to vary requirements at time of award
The Purchaser reserves the right at the time of award of contract to vary the quantity of
services and goods specified in the RFP without any change in price or other terms and
conditions.
21. Signing of the contract
Within 30 days of receipt of the contract the successful Offeror shall sign and date the
contract and return it to the Purchaser.
22. Payment
UNDP shall effect payments to the Contractor after acceptance by UNDP of the invoices
submitted by the contractor, upon achievement of the corresponding milestones.
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Annex II UNDP
GENERAL CONDITIONS OF CONTRACT FOR SERVICES
1.0 LEGAL STATUS:
The Contractor shall be considered as having the legal status of an independent contractor
vis-à-vis the United Nations Development Programme (UNDP). The Contractor‟s personnel
and sub-contractors shall not be considered in any respect as being the employees or agents
of UNDP or the United Nations.
2.0 SOURCE OF INSTRUCTIONS:
The Contractor shall neither seek nor accept instructions from any authority external to
UNDP in connection with the performance of its services under this Contract. The
Contractor shall refrain from any action that may adversely affect UNDP or the United
Nations and shall fulfill its commitments with the fullest regard to the interests of UNDP.
3.0 CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES:
The Contractor shall be responsible for the professional and technical competence of its
employees and will select, for work under this Contract, reliable individuals who will
perform effectively in the implementation of this Contract, respect the local customs, and
conform to a high standard of moral and ethical conduct.
4.0 ASSIGNMENT:
The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or
any part thereof, or any of the Contractor's rights, claims or obligations under this Contract
except with the prior written consent of UNDP.
5.0 SUB-CONTRACTING:
In the event the Contractor requires the services of sub-contractors, the Contractor shall
obtain the prior written approval and clearance of UNDP for all sub-contractors. The
approval of UNDP of a sub-contractor shall not relieve the Contractor of any of its
obligations under this Contract. The terms of any sub-contract shall be subject to and
conform to the provisions of this Contract.
6.0 OFFICIALS NOT TO BENEFIT:
The Contractor warrants that no official of UNDP or the United Nations has received or will
be offered by the Contractor any direct or indirect benefit arising from this Contract or the
award thereof. The Contractor agrees that breach of this provision is a breach of an essential
term of this Contract.
7.0 INDEMNIFICATION:
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The Contractor shall indemnify, hold and save harmless, and defend, at its own expense,
UNDP, its officials, agents, servants and employees from and against all suits, claims,
demands, and liability of any nature or kind, including their costs and expenses, arising out of
acts or omissions of the Contractor, or the Contractor's employees, officers, agents or sub-
contractors, in the performance of this Contract. This provision shall extend, inter alia, to
claims and liability in the nature of workmen's compensation, products liability and liability
arising out of the use of patented inventions or devices, copyrighted material or other
intellectual property by the Contractor, its employees, officers, agents, servants or sub-
contractors. The obligations under this Article do not lapse upon termination of this Contract.
8.0 INSURANCE AND LIABILITIES TO THIRD PARTIES:
8.1 The Contractor shall provide and thereafter maintain insurance against all risks in
respect of its property and any equipment used for the execution of this Contract.
8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's
compensation insurance, or the equivalent, with respect to its employees to cover claims for
personal injury or death in connection with this Contract.
8.3 The Contractor shall also provide and thereafter maintain liability insurance in an
adequate amount to cover third party claims for death or bodily injury, or loss of or damage
to property, arising from or in connection with the provision of services under this Contract
or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the
Contractor or its agents, servants, employees or sub-contractors performing work or services
in connection with this Contract.
8.4 Except for the workmen's compensation insurance, the insurance policies under this
Article shall:
8.4.1 Name UNDP as additional insured;
8.4.2 Include a waiver of subrogation of the Contractor's rights to the insurance carrier
against the UNDP;
8.4.3 Provide that the UNDP shall receive thirty (30) days written notice from the insurers
prior to any cancellation or change of coverage.
8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of
the insurance required under this Article.
9.0 ENCUMBRANCES/LIENS:
The Contractor shall not cause or permit any lien, attachment or other encumbrance by any
person to be placed on file or to remain on file in any public office or on file with the UNDP
against any monies due or to become due for any work done or materials furnished under this
Contract, or by reason of any other claim or demand against the Contractor.
10.0 TITLE TO EQUIPMENT: Title to any equipment and supplies that may be
furnished by UNDP shall rest with UNDP and any such equipment shall be returned to
UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such
equipment, when returned to UNDP, shall be in the same condition as when delivered to the
Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate
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UNDP for equipment determined to be damaged or degraded beyond normal wear and tear.
11.0 COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS:
11.1 Except as is otherwise expressly provided in writing in the Contract, the UNDP shall
be entitled to all intellectual property and other proprietary rights including, but not limited
to, patents, copyrights, and trademarks, with regard to products, processes, inventions, ideas,
know-how, or documents and other materials which the Contractor has developed for the
UNDP under the Contract and which bear a direct relation to or are produced or prepared or
collected in consequence of, or during the course of, the performance of the Contract, and the
Contractor acknowledges and agrees that such products, documents and other materials
constitute works made for hire for the UNDP.
11.2 To the extent that any such intellectual property or other proprietary rights consist of
any intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the
performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor
may develop or acquire, or may have developed or acquired, independently of the
performance of its obligations under the Contract, the UNDP does not and shall not claim any
ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use
such intellectual property or other proprietary right solely for the purposes of and in
accordance with the requirements of the Contract.
11.3 At the request of the UNDP; the Contractor shall take all necessary steps, execute all
necessary documents and generally assist in securing such proprietary rights and transferring
or licensing them to the UNDP in compliance with the requirements of the applicable law and
of the Contract.
11.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans,
reports, estimates, recommendations, documents, and all other data compiled by or received
by the Contractor under the Contract shall be the property of the UNDP, shall be made
available for use or inspection by the UNDP at reasonable times and in reasonable places,
shall be treated as confidential, and shall be delivered only to UNDP authorized officials on
completion of work under the Contract.
12.0 USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED
NATIONS:
The Contractor shall not advertise or otherwise make public the fact that it is a Contractor
with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or
official seal of UNDP or THE United Nations, or any abbreviation of the name of UNDP or
United Nations in connection with its business or otherwise.
13.0 CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION:
Information and data that is considered proprietary by either Party and that is delivered or
disclosed by one Party (“Discloser”) to the other Party (“Recipient”) during the course of
performance of the Contract, and that is designated as confidential (“Information”), shall be
held in confidence by that Party and shall be handled as follows:
13.1 The recipient (“Recipient”) of such information shall:
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13.1.1 use the same care and discretion to avoid disclosure, publication or dissemination of
the Discloser‟s Information as it uses with its own similar information that it does not wish to
disclose, publish or disseminate; and,
13.1.2 use the Discloser‟s Information solely for the purpose for which it was disclosed.
13.2 Provided that the Recipient has a written agreement with the following persons or
entities requiring them to treat the Information confidential in accordance with the Contract
and this Article 13, the Recipient may disclose Information to:
13.2.1 any other party with the Discloser‟s prior written consent; and,
13.2.2 the Recipient‟s employees, officials, representatives and agents who have a need to
know such Information for purposes of performing obligations under the Contract, and
employees officials, representatives and agents of any legal entity that it controls, controls it,
or with which it is under common control, who have a need to know such Information for
purposes of performing obligations under the Contract, provided that, for these purposes a
controlled legal entity means:
13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or
indirectly, over fifty percent (50%) of voting shares thereof; or,
13.2.2.2 any entity over which the Party exercises effective managerial control; or,
13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.
13.3 The Contractor may disclose Information to the extent required by law, provided that,
subject to and without any waiver of the privileges and immunities of the United Nations, the
Contractor will give the UNDP sufficient prior notice of a request for the disclosure of
Information in order to allow the UNDP to have a reasonable opportunity to take protective
measures or such other action as may be appropriate before any such disclosure is made.
13.4 The UNDP may disclose Information to the extent as required pursuant to the Charter
of the UN, resolutions or regulations of the General Assembly, or rules promulgated by the
Secretary-General.
13.5 The Recipient shall not be precluded from disclosing Information that is obtained by
the Recipient from a third party without restriction, is disclosed by the Discloser to a third
party without any obligation of confidentiality, is previously known by the Recipient, or at
any time is developed by the Recipient completely independently of any disclosures
hereunder.
13.6 These obligations and restrictions of confidentiality shall be effective during the term
of the Contract, including any extension thereof, and, unless otherwise provided in the
Contract, shall remain effective following any termination of the Contract.
14.0 FORCE MAJEURE; OTHER CHANGES IN CONDITIONS
14.1 In the event of and as soon as possible after the occurrence of any cause constituting
force majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of
such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to
perform its obligations and meet its responsibilities under this Contract. The Contractor shall
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also notify the UNDP of any other changes in conditions or the occurrence of any event that
interferes or threatens to interfere with its performance of this Contract. On receipt of the
notice required under this Article, the UNDP shall take such action as, in its sole discretion; it
considers to be appropriate or necessary in the circumstances, including the granting to the
Contractor of a reasonable extension of time in which to perform its obligations under this
Contract.
14.2 If the Contractor is rendered permanently unable, wholly, or in part, by reason of
force majeure to perform its obligations and meet its responsibilities under this Contract, the
UNDP shall have the right to suspend or terminate this Contract on the same terms and
conditions as are provided for in Article 15, "Termination", except that the period of notice
shall be seven (7) days instead of thirty (30) days.
14.3 Force majeure as used in this Article means acts of God, war (whether declared or
not), invasion, revolution, insurrection, or other acts of a similar nature or force.
14.4 The Contractor acknowledges and agrees that, with respect to any obligations under
the Contract that the Contractor must perform in or for any areas in which the UNDP is
engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or
similar operations, any delays or failure to perform such obligations arising from or relating
to harsh conditions within such areas or to any incidents of civil unrest occurring in such
areas shall not, in and of itself, constitute force majeure under the Contract..
15.0 TERMINATION
15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty
(30) days notice, in writing, to the other party. The initiation of arbitral proceedings in
accordance with Article 16.2 (“Arbitration”), below, shall not be deemed a termination of this
Contract.
15.2 UNDP reserves the right to terminate without cause this Contract at any time upon 15
days prior written notice to the Contractor, in which case UNDP shall reimburse the
Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of
termination.
15.3 In the event of any termination by UNDP under this Article, no payment shall be due
from UNDP to the Contractor except for work and services satisfactorily performed in
conformity with the express terms of this Contract.
15.4 Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or
should the Contractor make an assignment for the benefit of its creditors, or should a
Receiver be appointed on account of the insolvency of the Contractor, the UNDP may,
without prejudice to any other right or remedy it may have under the terms of these
conditions, terminate this Contract forthwith. The Contractor shall immediately inform the
UNDP of the occurrence of any of the above events.
16.0 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 this Contract or the breach, termination or
invalidity thereof. Where the parties wish to seek such an amicable settlement through
conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation
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Rules then obtaining, or according to such other procedure as may be agreed between the
parties.
16.2 Arbitration: Any dispute, controversy, or claim between the Parties arising out of the
Contract or the breach, termination, or invalidity thereof, unless settled amicably under
Article 16.1, above, within sixty (60) days after receipt by one Party of the other Party‟s
written request for such amicable settlement, shall be referred by either Party to arbitration in
accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the
arbitral tribunal shall be based on general principles of international commercial law. For all
evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules
Governing the Presentation and Reception of Evidence in International Commercial
Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal
shall be empowered to order the return or destruction of goods or any property, whether
tangible or intangible, or of any confidential information provided under the Contract, order
the termination of the Contract, or order that any other protective measures be taken with
respect to the goods, services or any other property, whether tangible or intangible, or of any
confidential information provided under the Contract, as appropriate, all in accordance with
the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”)
and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. The
arbitral tribunal shall have no authority to award punitive damages. In addition, unless
otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to
award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing,
and any such interest shall be simple interest only. The Parties shall be bound by any
arbitration award rendered as a result of such arbitration as the final adjudication of any such
dispute, controversy, or claim.
17.0 PRIVILEGES AND IMMUNITIES:
Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of
the privileges and immunities of the United Nations, including its subsidiary organs.
18.0 TAX EXEMPTION
18.1 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 public utility 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 the United Nations exemption
from such taxes, duties or charges, the Contractor shall immediately consult with the UNDP
to determine a mutually acceptable procedure.
18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice
any amount representing such taxes, duties or charges, unless the Contractor has consulted
with the UNDP before the payment thereof and the UNDP has, in each instance, specifically
authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the
Contractor shall provide the UNDP with written evidence that payment of such taxes, duties
or charges has been made and appropriately authorized.
19.0 CHILD LABOUR
19.1 The Contractor represents and warrants that neither it, nor any of its suppliers is
engaged in any practice inconsistent with the rights set forth in the Convention on the Rights
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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.
19.2 Any breach of this representation and warranty shall entitle UNDP to terminate this
Contract immediately upon notice to the Contractor, at no cost to UNDP.
20.0 MINES:
20.1 The Contractor represents and warrants that neither it nor any of its suppliers is
actively and directly engaged in patent activities, development, assembly, production, trade
or manufacture of mines or in such activities in respect of components primarily utilized in
the manufacture of Mines. The term "Mines" means those devices defined in Article 2,
Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and
Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be
Excessively Injurious or to Have Indiscriminate Effects of 1980.
20.2 Any breach of this representation and warranty shall entitle UNDP to terminate this
Contract immediately upon notice to the Contractor, without any liability for termination
charges or any other liability of any kind of UNDP.
21.0 OBSERVANCE OF THE LAW:
The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon
the performance of its obligations under the terms of this Contract.
22.0 SEXUAL EXPLOITATION:
22.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or
abuse of anyone by it or by any of its employees or any other persons who may be engaged
by the Contractor to perform any services under the Contract. For these purposes, sexual
activity with any person less than eighteen years of age, regardless of any laws relating to
consent, shall constitute the sexual exploitation and abuse of such person. In addition, the
Contractor shall refrain from, and shall take all appropriate measures to prohibit its
employees or other persons engaged by it from, exchanging any money, goods, services,
offers of employment or other things of value, for sexual favors or activities, or from
engaging in any sexual activities that are exploitive or degrading to any person. The
Contractor acknowledges and agrees that the provisions hereof constitute an essential term of
the Contract and that any breach of this representation and warranty shall entitle UNDP to
terminate the Contract immediately upon notice to the Contractor, without any liability for
termination charges or any other liability of any kind.
22.2 The UNDP shall not apply the foregoing standard relating to age in any case in which
the Contractor‟s personnel or any other person who may be engaged by the Contractor to
perform any services under the Contract is married to the person less than the age of eighteen
years with whom sexual activity has occurred and in which such marriage is recognized as
valid under the laws of the country of citizenship of such Contractor‟s personnel or such
17
other person who may be engaged by the Contractor to perform any services under the
Contract.
23.0 AUTHORITY TO MODIFY:
Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized
Official possesses the authority to agree on behalf of UNDP to any modification of or change
in this Agreement, to a waiver of any of its provisions or to any additional contractual
relationship of any kind with the Contractor. Accordingly, no modification or change in this
Contract shall be valid and enforceable against UNDP unless provided by an amendment to
this Agreement signed by the Contractor and jointly by the UNDP Authorized Official.
18
Annex III
Model Contract for Professional Consulting Services
Date _____________
Dear Sir/Madam,
Ref.: COST CONSULTANT (CHARTERED QUANTITY SURVEYOR) FOR GREEN ONE UN
HOUSE
The United Nations Development Programme (hereinafter referred to as "UNDP"), wishes to
engage your [company/organization/institution], duly incorporated under the Laws of
_____________ [INSERT NAME OF THE COUNTRY] (hereinafter referred to as the
"Contractor") in order to perform services in respect of Cost Consultant (Chartered Quantity
Survyeor) for the Green One UN House (hereinafter referred to as the "Services"), in
accordance with the following Contract:
1.Contract Documents
1.1 This Contract is subject to the UNDP General Conditions of Contract for Services
attached hereto as Annex II. The provisions of such Annex shall control the
interpretation of this Contract and in no way shall be deemed to have been derogated by
the contents of this letter and any other Annexes, unless otherwise expressly stated under
section 4 of this letter, entitled "Special Conditions".
1.2 The Contractor and UNDP also agree to be bound by the provisions contained in the
following documents, which shall take precedence over one another in case of conflict in
the following order:
a) this letter;
b) the Terms of Reference [ref. ......dated........], attached hereto as Annex II;
c) the Contractor's technical proposal [ref......, dated ........], as clarified by the agreed
minutes of the negotiation meeting [dated........], both documents not attached hereto but
known to and in the possession of both parties.
1.3 All the above shall form the Contract between the Contractor and UNDP, superseding
the contents of any other negotiations and/or agreements, whether oral or in writing,
pertaining to the subject of this Contract.
2. Obligations of the Contractor
19
2.1 The Contractor shall perform and complete the Services described in Annex II with due
diligence and efficiency and in accordance with the Contract.
2.2 The Contractor shall provide the services of the following key personnel:
Name Specialization Nationality Period of service
.... .............. ........... ..................
.... .............. ........... ..................
2.3 Any changes in the above key personnel shall require prior written approval of
____________________________________ [NAME and TITLE], UNDP.
2.4 The Contractor shall also provide all technical and administrative support needed in
order to ensure the timely and satisfactory performance of the Services.
2.5 The Contractor shall submit to UNDP the deliverables specified hereunder according to
the following schedule:
LIST DELIVERABLES INDICATE DELIVERY DATES
Pre-Design report ../../....
Basic (Concept) Design Cost Plan ../../....
Technical (Detailed) Design Cost Plan ../../....
Priced Bill of Quantities ../../....
Evaluation Panel report on bids for Civil Works ../../....
Monthly evaluation of contractor claims and variations
Final report ../../....
2.6 All reports shall be written in the English language, and shall describe in detail the
services rendered under the Contract during the period of time covered in such report.
All reports shall be transmitted by the Contractor by _________ [MAIL, COURIER
AND/OR FAX] to the address specified in 9.1 below.
2.7 The Contractor represents and warrants the accuracy of any information or data provided
to UNDP for the purpose of entering into this Contract, as well as the quality of the deliverables
and reports foreseen under this Contract in accordance with the highest industry and professional
standards.
3. Price and Payment
3.1 In full consideration for the complete and satisfactory performance of the Services under
this Contract, UNDP shall pay the Contractor a fixed contract price of ________ [INSERT CURRENCY & AMOUNT IN FIGURES AND WORDS].
20
3.2 The price of this Contract is not subject to any adjustment or revision because of price or
currency fluctuations or the actual costs incurred by the Contractor in the performance of
the Contract.
3.3 Payments effected by UNDP to the Contractor shall be deemed neither to relieve the
Contractor of its obligations under this Contract nor as acceptance by UNDP of the
Contractor's performance of the Services.
3.4 UNDP shall effect payments to the Contractor after acceptance by UNDP of the invoices
submitted by the Contractor to the address specified in 9.1 below, upon achievement of
the corresponding milestones and for the following amounts:
MILESTONE1 AMOUNT TARGET DATE
Pre-Design report $................... ../../....
Basic (Concept) Design Cost Plan $................... ../../....
Technical (Detailed) Design Cost Plan $................... ../../....
Priced Bill of Quantities $................... ../../....
Evaluation Panel report on bids for Civil Works $................... ../../....
Monthly evaluation of contractor claims and variations $................... monthly .
Final report $................... ../../....
Invoices shall indicate the milestones achieved and corresponding amount payable.
All payments will be at the completion of each milestone to the satisfaction of the Project
Manager on receipt of invoices for final completion of each of service stage set out at Section
4.0 of the TOR.
4. Special conditions
4.1 The responsibility for the safety and security of the Contractor and its personnel and
property, and of UNDP‟s property in the Contractor‟s custody, rests with the Contractor.
4.1.1. Security
The Contractor shall:
(a) put in place an appropriate security plan and maintain the security plan, taking
into account the security situation in the country where the services are being
provided;
(b) assume all risks and liabilities related to the Contractor‟s security, and the full
implementation of the security plan.
4.1.2 UNDP reserves the right to verify whether such a plan is in place, and to suggest
modifications to the plan when necessary. Failure to maintain and implement an
1 If an advance payment is granted, define the first milestone as "upon signature of the contract by both parties". Please
note that advance payments should be granted only in exceptional cases, and that they must comply with UNDP policies and
procedures.
21
appropriate security plan as required hereunder shall be deemed a breach of this
contract. Notwithstanding the foregoing, the Contractor shall remain solely
responsible for the security of its personnel and for UNDP‟s property in its custody
as set forth in paragraph 4.1 above.
4.2 Audits and Investigations
Each invoice paid by UNDP shall be subject to a post-payment audit by auditors,
whether internal or external, of UNDP or the authorized agents of the UNDP at any
time during the term of the Contract and for a period of three (3) years following the
expiration or prior termination of the Contract. The UNDP shall be entitled to a refund
from the Contractor for any amounts shown by such audits to have been paid by the
UNDP other than in accordance with the terms and conditions of the Contract. Should
the audit determine that any funds paid by UNDP have not been used as per contract
clauses, the company shall reimburse such funds forthwith. Where the company fails to
reimburse such funds, UNDP reserves the right to seek recovery and/or to take any
other action as it deems necessary.
4.2.1 The Contractor acknowledges and agrees that, at anytime, UNDP may conduct
investigations relating to any aspect of the Contract, the obligations performed
under the Contract, and the operations of the Contractor generally. The right of
UNDP to conduct an investigation and the Contractor‟s obligation to comply with
such an investigation shall not lapse upon expiration or prior termination of the
Contract. The Contractor shall provide its full and timely cooperation with any such
inspections, post-payment audits or investigations. Such cooperation shall include,
but shall not be limited to, the Contractor‟s obligation to make available its
personnel and any documentation for such purposes and to grant to UNDP access to
the Contractor‟s premises. The Contractor shall require its agents, including, but
not limited to, the Contractor‟s attorneys, accountants or other advisers, to
reasonably cooperate with any inspections, post-payment audits or investigations
carried out by UNDP hereunder.
4.3 Anti-terrorism
The Contractor agrees to undertake all reasonable efforts to ensure that none of the
UNDP funds received under this Contract are used to provide support to individuals or
entities associated with terrorism and that the recipients of any amounts provided by
UNDP hereunder do not appear on the list maintained by the Security Council
Committee established pursuant to resolution 1267 (1999). The list can be accessed via
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be
included in all sub-contracts or sub-agreements entered into under this Contract.
4.4 The Contractor‟s liability insurance per Clause 8.3 of the General Conditions of
Contract for Services shall be for USD 1,000,000 in a single claim and include for
breach of duty by way of neglect, error or omission by the Contractor is respect of the
Services.
4.5 The Contractor shall provide copies of all insurance renewal certificates to UNDP as
required for the duration of the Contract.
5. Submission of invoices
22
5.1 An original invoice shall be submitted by mail by the Contractor for each payment under
the Contract to the following address:
.................………………………………………………………………………………
……………………………….
5.2 Invoices submitted by fax shall not be accepted by UNDP.
6. Time and manner of payment
6.1 Invoices shall be paid within thirty (30) days of the date of their acceptance by UNDP.
UNDP shall make every effort to accept an invoice or so advise the Contractor of its
non-acceptance within a reasonable time from receipt.
6.2 All payments shall be made by UNDP to the following Bank account of the Contractor:
______________________ [NAME OF THE BANK]
______________________ [ACCOUNT NUMBER]
______________________ [ADDRESS OF THE BANK]
7. Entry into force. Time limits.
7.1 The Contract shall enter into force upon its signature by both parties.
7.2 The Contractor shall commence the performance of the Services not later than ______
[INSERT DATE] and shall complete the Services within _____________ [INSERT
NUMBER OF DAYS OR MONTHS] of such commencement.
7.3 All time limits contained in this Contract shall be deemed to be of the essence in respect
of the performance of the Services.
8. Modifications
8.1 Any modification to this Contract shall require an amendment in writing between both
parties duly signed by the authorized representative of the Contractor and __________
[NAME AND TITLE] UNDP.
9. Notifications
For the purpose of notifications under the Contract, the addresses of UNDP and the
Contractor are as follows:
For the UNDP:
23
___________________ [INSERT CONTRACT REFERENCE & NUMBER]
Telex: Fax: Cable:
For the Contractor:
[INSERT NAME, ADDRESS AND TELEX, FAX AND CABLE NUMBERS]
Name:
Address:
Telex:
Fax:
Cable:
If the above terms and conditions meet with your agreement as they are typed in this letter and in
the Contract Documents, please initial every page of this letter and its attachments and return to
this office one original of this Contract, duly signed and dated.
Yours sincerely,
[INSERT NAME AND TITLE]
For [INSERT NAME OF THE COMPANY/ORGANIZATION]
Agreed and Accepted:
Signature ____________________________
Name: __________________________
Title: ____________________________
Date: _____________________________
24
Annex IV
Terms of Reference(TOR)
for
Cost Consultant (Chartered Quantity Surveyor)
Green One UN House in Viet Nam
These Terms of Reference (TOR) describe the requirement for a Cost Consultant (Chartered Quantity
Surveyor) to provide accurate and timely pre-contract and post-contract cost management services on
the Green One UN House in Vietnam (the „Project‟).
Kindly note that the successful Cost Consultant (that is selected following evaluation of the detailed
Request for Proposals ) will be excluded from subsequent work associated with the Green One UN
House, including civil works as well as other consultancies.
The project organization structure is set out as follows:
WORKS
TEAM
DESIGN
TEAM
PROJECT
MANAGERUNDP Project Manager –
Green One UN House
PROJECT BOARD
PROJECT ASSURANCE
PROJECT SUPPORTUNDP Admin Assoc.
COST CONSULTANTChartered Quantity Surveyor
Senior
Beneficiary
(Selected HoAs +
Government)
Executive
(UNDP Country
Director)
Senior
Supplier
(UNDP DCD(O))
DESIGN EVALUATIONas part of Construction Permit
USER PROJECT
ASSURANCE GROUP
fits here
PROJECT SUPPORTDIPSERCO Technical Support
2.1 Project Board
In accordance with the Prince2 method, the project will be managed by a Project Board comprising
three important roles: Executive, Senior Beneficiary and Senior Supplier, as follows:
▪ Executive: The Project Executive (UNDP Country Director) is responsible for oversight
of the project on behalf of UNDP as the Managing Agent.
25
▪ Senior Beneficiary: Senior Beneficiary is the group which benefits from the deliverables of the
project. On the Green One UN House, these are:
- The “Users” of the Building (selected Heads of UN Agencies, plus the
UN Resident Coordinator); and
- The “Owners” of the Building (Government who will retain ownership of
the land and building).
▪ Senior Supplier: The Senior Supplier (UNDP Deputy Country Director (Operations))
represents the interests of those designing, development, facilitating,
procuring and implementing the project.
The Board is responsible for making by consensus, management decisions for the project when
guidance is required by the Project Manager.
2.2 Project Manager
The Design Team will report to the Project Manager who is a UNDP staff member and is responsible
for the day-to-day management of the project. The Project Manager‟s responsibilities include:
▪ management of design and civil works teams, including administration of design and civil works
contracts;
▪ management of the design process to ensure that the user requirements are properly reflected;
▪ management of the works process to ensure that the works reflect the approved design;
▪ reporting to the Project Board on project progress, risks and issues; and
▪ ensuring that quality control procedures are implemented.
2.3 User Project Assurance Group
A User Project Assurance Group (UPAG) has been established to undertake project assurance on
behalf of the User representatives on the Project Board, independent of the Project Manager and
Senior Supplier. Combining technical expertise with UN agency representation, the UPAG will be
responsible for:
▪ design reviews at the end of each stage of design and submission of consensus written reports to
the user representatives of the Project Board with recommendations with regard to the design;
(such reviews will include review of both the design and cost reports including final review of the
draft tender documentation and draft Bill of Quantities prior to issuing an Invitation for Bids for
the Civil Works);
▪ recommending any changes to the design or the Design Brief (refer Change Control below); and
▪ recommendations for Project Board regarding acceptance of the completed building.
The Cost Consultant is responsible for incorporating comments made by the UPAG and Project
Manager on his/her cost reports at each design review and for updating such reports accordingly.
2.4 Design Team
The Design Team‟s TOR includes all professional disciplines required for preparation of the design
and supervision of its implementation on site, including but not limited to:
▪ architectural and urban design
▪ interior design
▪ civil and structural engineering (including specialist blast design)
▪ mechanical and electrical engineering (including lighting; heating, ventilation + air-conditioning
(HVAC); and lifts)
▪ hydraulics (plumbing)
▪ lifts
26
▪ fire systems
▪ security systems (hard structures, ISS, related SOPs)
▪ information and communications technology
▪ acoustics
▪ signage and graphics
▪ landscaping
▪ café kitchen design
▪ site supervision
▪ site management
▪ environmental sustainability including expertise in building-integrated photovoltaic panels
The requirement is for an integrated design which optimises the environmental, workplace, aesthetic,
performance, life cycle and cost-saving potential of the various disciplines. The Design Team will be
responsible for co-coordinating all design disciplines and documentation packages accordingly.
A traditional design-bid-build form of project delivery will be implemented wherein the Design
Team shall be responsible for fully documenting the design and for supervising implementation of the
design by a Civil Works Contractor.
2.5 Cost Consultant (Quantity Surveyor)
The independent Cost Consultant (Chartered Quantity Surveyor) will be engaged to provide
independent pre-contract up to post-contract cost management services to the Project Manager in
accordance with these TOR.
The Cost Consultant will report to the UNDP Project Manager and will be responsible for attending
regular meetings with the Design Team chaired by the Project Manager (refer Section 5.1 on
meetings). The Cost Consultant will be required to work collaboratively with the Project Manager
and Design Team to ensure that the project is maintained within budget at each design review stage as
approved by the Project Board. (refer section on value engineering at Section 5.4). By working
collaboratively with the Design Team, it is understood that the Cost Consultant will be proactive and
not reactive in his/her cost advice; that is, the Cost Consultant will work with the Design Team
throughout the design‟s development, responding to queries on and providing advice on systems and
materials to be used, appropriate to the Vietnamese regional and global markets, and providing all
necessary assistance to the Design Team to enable the Design Team to develop the contract
documentation for the design to achieve tender prices for civil works that are within the available
budget.
2.6 Project Support
The UNDP Project Manager will receive administrative support from the UNDP Admin Associate
and technical support from the Service Department for the Diplomatic Corps of the Ministry of
Foreign Affairs.
2.7 Design Evaluation
The Design must undergo independent design evaluation as part of the application for a Construction
Permit.
27
2.8 Civil Works Contractor
Civil Works shall be understood to include all works required for refurbishment of the UNAB into a
Green One UN House including but not limited to civil and structural works, mechanical, electrical,
hydraulics, lifts, security and landscaping works. The Civil Works Team shall be required to
undertake quality control, site safety and environmental management to international standards as
verified by the Design Team.
The Civil Works Contractor shall be engaged through UNDP‟s General Terms and Conditions for
Civil Works, annexed with a comprehensive Statement of Works (SOW) and all other related
drawings and specifications as prepared by the Design Team.
3.1 Design Brief
The project mandate, objectives, scope, functional requirements and performance criteria for the
Green One UN House are set out in the Design Brief (Annex VIII to this RfP). The Design Team is
required to respond to this Brief and demonstrate at each stage of design how the recommended
design meets the Brief. However, in doing so, it is important that the project team not lose sight of the
priorities of the project which are:
1. Completion within budget
2. Compliance with UN Security requirements
3. High quality modern office interior
4. Environmental sustainability: with the sub-priorities being insulation and reduction in energy and
water consumption.
Hence, the Design Brief shall be understood to be indicative and not prescriptive.
3.2 Site Information
The project site is the existing United Nations Apartment Building (UNAB) located at 304 Kim Ma
Street in Hanoi. Information on the project site is provided at Attachments B and C to the Design
Brief. The Design Team is responsible for accepting the information contained within Attachments B
and C or otherwise recommending in its pre-design report further site investigation as required for the
Design Team‟s certification of the design.
3.3 Project Budget
In accordance with UNDP‟s policies, rules and regulations, the Project Budget cannot be disclosed at
this time. A detailed breakdown of the budget will be provided to the Cost Consultant upon award of
contract. Kindly note that the project budget does not include for new Furniture, Fittings and
Equipment (FF&E) which shall be funded from operating budgets / alternative funding sources
subject to approval of a Business Case by the participating UN organisations.
The Project Manager shall be responsible for developing the Business Case for FF&E based on cost
and scope advice provided by the Design Team and Cost Consultant.
3.4 Green Building Certification
The Green One UN House will be the pilot for the LOTUS rating system being developed by the
Vietnam Green Building Council (VGBC). The Design Team is required to undertake and provide all
design documentation as required to achieve certification as (a minimum) LOTUS 2 rating although
preferably LOTUS 3. Attachment E to the Design Brief sets out a draft pathway for LOTUS 3
certification, including documentation responsibilities for the Design Team. A workshop will be held
with the VGBC during basic (concept) design to review this pathway and obtain the inputs of the
28
Design Team and Cost Consultant on the best way forward to achieve certification. The Design Team
is responsible for preparing the documentation required for certification, except where innovation
points may be sought for green operational policies to be implemented by the UN.
3.5 Privileges and Immunities of the United Nations
The attention of the Cost Consultant is drawn to Section 1.4.3 of the Design Brief on the Privileges
and Immunities of the United Nations.
Under the Agreement between the Government of the Socialist Republic of Vietnam and the UNDP
(dated 15 May 1978), the Government applies to the UNDP the provisions of the Convention on the
Privileges and Immunities of the United Nations (adopted by the General Assembly of the United
Nations 13 February 1946). In accordance with Section 7 of the Convention, UNDP in Vietnam is
exempt from all direct taxes and is exempt from custom duties and prohibitions and restrictions on
imports and exports in respect of articles imported or exported by the United Nations for its official
use.
This privilege and immunity from tax has important implications for sourcing of materials for the
Green One UN House which need to be taken into consideration in the Cost Consultant‟s scope of
work. The Cost Consultant also needs to familiar him/herself with the guidelines provided by the
Ministry of Foreign Affairs for VAT refunds and accounting.
The primary objective of the assignment will be to provide accurate and timely cost advice, in both
pre contract, contract implementation and post contract stages, to the Project Manager in order to
ensure that the Project can be delivered within the available budget.
Pricing by the Cost Manager shall reflect probable construction costs obtainable in the Hanoi as of the
date of the report (plus probable escalation to the commencement of construction) and is a
determination of fair market value for the construction of this project and should not be taken as a
prediction of low bid.
Pricing shall assume competitive bidding for every portion of the construction work including all
subcontractors as well as the general contractor. A working knowledge of the Vietnamese
construction market is essential, including access to relevant data on costs and suppliers.
It is important that the Cost Manager is, at all times, able to work with the project team and other
contractors on a collegial basis, and shall undertake all efforts to be seen as a partner and integral
member of the project team, and a facilitator rather than a constraint in the timely completion of the
project.
29
4.0 SERVICE STAGES
4.1 Pre-Design
The Cost Consultant (Quantity Surveyor) shall undertake:
1. Thorough review of the Design Brief and site inspection of the existing UNAB building as
required to fully understand the scope of work.
2. Thorough review of the project budget and provide a short written report in English on any key
issues / considerations for the design, including advice on.
- escalation for inflation or other factors such as currency fluctuation;
- availability of skills, trades and products in the Vietnamese market; and
- suitable systems, methods and materials to maximize value for money.
4.2 Basic (Concept) Design
The Cost Consultant (Quantity Surveyor) shall:
3. Work collaboratively with / provide assistance to the Project Manager and Design Team in
developing a basic (concept) design solution that meets the requirements of the project budget;
4. Review options analysis (including life cycle costing of major building systems) undertaken by
the Design Team; and
5. Prepare a Basic (Concept) Design Cost Plan based on the Concept Design Report prepared by the
Design Team, for review by the User Project Assurance Group and approval by the Project Board,
including any recommendations on cost-saving measures if required to ensure the design can be
delivered within the available budget.
4.3 Technical (Detailed) Design
The Cost Consultant (Quantity Surveyor) shall:
6. Work collaboratively with / provide assistance to the Project Manager and Design Team in
developing a technical (detailed) design solution that meets the requirements of the project
budget;
7. Review life cycle costing of major building systems undertaken by the Design Team;
8. Prepare a cost plan based on approximate quantities at the completion of technical (detailed)
design, for review by the User Project Assurance Group and approval by the Project Board,
including any recommendations on cost-saving measures if required to ensure the design can be
delivered within the available budget.
9. Participate in the Evaluation Panel for the evaluation of Invitations for Prequalification for the
Civil Works Contract, in accordance with UNDP regulations, policies, rules and procedures, with
the objective of identifying a short-list of qualified contractors who will be invited to submit a
proposal for the construction works.
4.4 Contract Documentation
The Cost Consultant (Quantity Surveyor) shall:
30
10. Prepare a draft detailed priced pre-tender Bill of Quantities (BOQ) based on the completed
drawings and specifications as the basis for an Invitation for Bids (ITB) from pre-qualified Civil
Works Contractors for review by the User Project Assurance Group (UPAG);
11. Update and prepare final tender Bill of Quantities based on the final drawings, specifications and
comments received from the UPAG for approval by the Project Board;.
12. Prepare other schedules as required for inclusion in the ITB as required to ensure adequate
monitoring and control of costs during the Civil Works.
13. Provide advice as appropriate to the Design Team and Project Manager on contract conditions
required to ensure cost control during the Civil Works.
4.5 Procurement of the Civil Works Contract
The Cost Consultant (Quantity Surveyor) shall:
14. Participate in the Evaluation Panel tasked with Bid review and contractor recommendation, in
accordance with UNDP regulations, policies, rules and procedures.
15. Prepare the value-for-money assessment report aimed at summarizing the comparative findings on
the financial bids received with respect to the project‟s budget/BOQ and taking into consideration
any contractor exclusions or caveats and assessing the comparative cost benefit of any alternatives
offered by bidders.
16. Review performance bonds, advance payment bonds and insurance guarantees submitted by the
Contractors and advise the Evaluation Panel on their compliance or otherwise with the Contract.
4.6 During Civil Works
The Cost Consultant (Quantity Surveyor) shall:
17. Undertake evaluation of construction progress and certification of contractor monthly progress
claims in accordance with the signed contracts.
18. Provide cost reports to the Project Manager each month (or at such other intervals as may be
requested by the Project Manager) in such form and with such details as the Project Manager shall
require including without limitation the estimated final account, a comparison with approved
contract expenditure, the cost effect of Variation Orders and Variation Order Requests under
consideration, the cost effect of claims (actual and potential) for additional payments, adjustment
of Provisional Sums, the status of the re-measurement of the Works as executed (where
applicable) and cash flow forecasts.
19. Assist the Project Manager to draft Variation Orders, requests for changes, where so instructed by
the Employer or the Project Manager.
20. Undertake evaluation of variations claims, propose other feasible options where possible, and
submit recommendations as appropriate to the Project Manager for agreement with the Contractor
and Project Manager, and approval in accordance with UNDP rules, regulations and procedures.
21. Provide advice to the Project Manager on claims notices and submissions in relation to extensions
of time or any other.
22. Maintain register of Variation Orders, both issued and under consideration, including details of
approval status and estimated or agreed cost.
23. Conduct a final inspection and adjust final accounts as necessary including final payments to the
Contractor and release of retention monies.
31
24. Recommend cost management measures and strategies to the Civil Works Contractor, as and
when necessary, in various areas of contract implementation stages and for a broad range of cost
components (labor, non-labor, waste minimization, etc.)
All cost-related instructions to the Civil Works Contractor shall be issued only upon the written
authorization by the UNDP Project Manager.
5.0 KEY INCLUSIONS
5.1 Meetings
The Cost Consultant (Quantity Surveyor) shall liaise, report and consult with the UNDP Project
Manager on a regular basis throughout the consultancy and shall attend:
▪ Fortnightly meetings at UNDP‟s office in Hanoi with the Project Manager during the design
phase; and
▪ Weekly meetings on site with the Project Manager, Design Team and Civil Works Contractor (as
required).
In addition, on an occasional basis, the Cost Consultant may be required by the Project Manager to
attend and/or present at UN Country Team and/or Operations Management Team meetings and
meetings of the User Project Assurance Group.
All project meetings shall be held in Hanoi, Viet Nam.
5.2 Photovoltaic Panels
The performance of photovoltaic panels in the Hanoi climate needs to be determined and a decision
made in consultation with the Project Board and relevant donor on whether to include them or an
alternative ( ie. higher performing environmental initiative) before proceeding with their inclusion
past concept design.
The costs associated with the photovoltaic panels must be separately identified. As part of each cost
report at each design stage, the Cost Consultant must therefore provide a separate breakdown of costs
associated with the photovoltaic panels (or accepted alternative), including associated structure and
infrastructure, hardware and software.
5.3 Change Control
As stated at Section 3.1 above, the Design Brief shall be understood to be indicative and not
prescriptive. Notwithstanding, it will be important for the UN to be able to track changes to the
Design Brief. Hence, when a change to the Design Brief is recommended by the Design Team or
requested by the UN, the Design Team shall prepare and submit a Change Request Form to the UNDP
Project Manager for recommendation to the Project Board. The Change Request Form shall include
an assessment of the change‟s input on scope, timeframe and user benefit, with inputs from the Cost
Consultant on the affect on the budget. Hence, when a change is suggested, when requested by the
Project Manager, the Cost Consultant shall prepare a cost estimate of the proposed change for input
into the Change Request Form. If the Project Board approves such recommendation, the Design
Brief and Cost Plan shall be revised accordingly.
5.4 Value Engineering
The Cost Consultant shall be responsible for holding value engineering workshops as required with
the Design Team at the end of each stage of design to ensure that the design remains within budget.
The Design Team shall in turn be responsible for undertaking any value engineering and re-design as
required at each design review stage to bring the project within budget.
32
5.5 Language of Outputs
All outputs by the Cost Consultant (Quantity Surveyor) shall be in English.
Further the Cost Consultant shall provide a Vietnamese translation of the BOQ as may be required for
the authority approvals and Invitation to Bid.
5,6 Professional Indemnity Insurance
The Cost Consultant will be required to maintain Professional Indemnity Insurance for a minimum
USD 1,000,000 any one claim) for the duration of the contract. Prior to execution of the contract, the
successful Cost Consultant will be required to provide a copy of the consultant‟s PI insurance policy
and, during the contract, provide copies of insurance renewals as required for the duration of the
contract.
5.7 Business Registration
Prior to commencement of the contract, the Cost Consultant will be required to furnish the UNDP
Project Manager with a copies of the firm‟s business registration(s) as required to undertake the
Services in accordance with the law in Viet Nam.
5.8 Bill of Quantities
The Bills of Quantities required to be prepared generally in accordance with the Principles of
Measurement (International) for Works of Construction June 1979 published by The Royal Institution
of Chartered Surveyors, 12 Great George Street, London SW1P 3AD, United Kingdom or any other
higher standard recommended by the such institute, provided that Cost Consultant shall agree the
particular standard with the UNDP Project Manager. Further more, it is the Cost Consultant‟s
responsibility that the BOQ prepared is in accordance with the prevailing laws of Vietnam and is
suitable for the international competitive bidding.
5.9 Contract
The contract with the Cost Consultant (Quantity Surveyor) shall be signed by UNDP, for and on
behalf of the participating UN organizations.
Offerers to this contract are expected to bid for the entire scope of services herein specified. No bids
for its subset or partial scope of the services will be accepted.
As per standard provisions of the Contract for Professional Services that will be signed, the Cost
Consultant (Quantity Surveyor) shall be compensated based on a fixed-contract price, inclusive of all
travel time and costs, paid in tranches based on the key work stages or milestones completed in
accordance with the stages listed in Section 4 above.
The indicative timeframe for provision of the Services is provided in Attachment J to the Design
Brief. (refer paragraph 3 of the Cover Letter to obtain a copy of the Design Brief) . The timeframe
targets project completion by December 2011 in time for the start of the new One Plan in January
2012. As many of the activities are on the critical path, the Cost Consultant should allow for:
- Early works demolition and piling package
33
- Extension of the program into mid 2012 if required
The Cost Consultant‟s program shall make due allowance for:
- Preparation of design documentation by the Design Team;
- Consultation as required with the participating UN organizations to obtain „User‟ support and „buy-
in‟;
- Design reviews by the User Project Assurance Group at the end of each stage of design;
- Stage reviews and approvals by the Project Board; and
- Contract procurement reviews by the UNDP Review Committees.
Refer Annex V of the RFP on mandatory criteria which must be met in order for firms to be
considered eligible for consideration.
The successful Cost Consultant must comply with the Law on Foreign Investment in Vietnam2 and
Decision 121/QD-TTg of August 9, 2007 „Promulgating the Regulation on Hiring of Foreign
Consultants in Construction Activities in Viet Nam‟3.
The Project Manager shall be responsible for monitoring progress of the contract in accordance with
the schedule provided above at Section D.
Approval to proceed with each of the design stages set out in Section C above shall be contingent on
obtaining Project Board approval to proceed with the next stage of design. To assist the Project Board
in such approvals, formal design reviews shall be held by the User Project Assurance Group as
follows:
Concept Design Review
Detailed Design Review
Contract Documentation Review
As previously stated, each of these reviews will include a review of the stage cost plans prepared by
the Cost Consultant. As such, the Cost Consultant may be required to:
make a presentation on the cost plan to the Project Board and User Project Assurance Group at
each design review; and/or
respond to requests for clarification as may be required by the Project Manager, including on
behalf of the Project Board and User Project Assurance Group
2 For English translation, refer:
http://www.vietnamlaws.com/freelaws/LFIna12Nov96(aa9Jun00)%5BI1%5D.pdf 3 For English translation refer: Refer:
http://www.hapi.gov.vn/portals/default.aspx?portalid=7&tabid=67&catid=30&docid=767
34
The Cost Consultant (Quantity Surveyor) shall work from its own offices and is understood to have
provided for all costs in its fee associated with office accommodation, information and
communications technology, travel, telephone, printing and such.
Reference Documents: Design Brief (refer paragraph 3 of the Cover Letter to this RfP)
35
Annex V
EVALUATION CRITERIA
A two-stage procedure will be utilised in evaluating the proposals, with evaluation of the Technical
Proposal being completed prior to any Financial Proposal being opened and compared.
The Financial proposal will be opened only for submissions that passed the minimum technical
threshold of 70% of the maximum obtainable score of points in the evaluation of the technical
proposals, according to criteria presented hereafter.
1. Mandatory Criteria
In order to be considered eligible for consideration, Bidders must satisfy the following mandatory
criteria in the form specified in the Returnable Schedules listed below.
All references to the Lead Consultant refer to the firm with which UNDP would sign a contract for the
Services.
RETURNABLE SCHEDULE 1:
a). Unconditional acceptance of UNDP General Conditions of Contract for Services
Applicants must submit a Proposal Submission Form signed by the Lead Consultant‟s President /
CEO / Chairman. This form confirms Lead Consultant‟s unconditional acceptance of UNDP
General Conditions of Contract for Services (as per Annex II of this RfP).
b). Partial bids not allowed
Return of Returnable Schedule 1 shall also confirm that the bidder‟s proposal is for the whole of
the services set out in the Terms of Reference for Cost Consultant (Chartered Quantity Surveyor).
RETURNABLE SCHEDULE 2:
c). Professional Indemnity (PI) Insurance:
i) Written confirmation from a reputable insurer on the insurer‟s letterhead that the Lead Consultant
has or is able to take out a policy for Professional indemnity Insurance for USD 1,000,000 to
cover all of the activities set out in the Terms of Reference (TOR) for the Design Team for the
Green One UN House, in the form provided in the draft letter provided overleaf.
ii) Details of any claims made against any Professional Indemnity Insurance carried by the Lead
Consultant in the last 5 years.
iii) Commitment to obtain Professional Indemnity Insurance for USD 1,000,000 (if not already
obtained by the Lead Consultant) within 14 days of receiving a Letter of Intent from UNDP.
d). Legal status:
Lead Consultants must provide copies of completed registration documents with the country of
the firm‟s origin / operation, duly translated in the English language if not already in English.
e). Absence of any conflict of interest:
Lead Consultants must provide a signed conflict of interest statement in the form provided. Firms
whose Board Members, principals, key personnel and team members expected to be deployed to
36
the project if awarded the contract, who are related by blood or have affinity to the officials of the
UN directly involved in the project, or who have access to confidential information related to the
project and bidding, shall be automatically disqualified from the evaluation process.
f). International Chartered Surveyor or Civil Engineer
Nomination of the International Chartered Surveyor or International Civil Engineer in your team
who will be responsible for certifying the Bill of Quantities prior to tender.
g). Business Registration in Vietnam
The Lead Consultant must have business registration in accordance with Vietnamese law to
provide design services OR provide written confirmation that the Lead Consultant will apply to
obtain such business registration within 21 days of receiving a Letter of Intent from UNDP
advising that it is selected to provide the Services.
By the term “mandatory criteria”, it is implied that any firm unable to provide any of the above
requirements shall be automatically disqualified.
All mandatory criteria must be met by the firm which, if successful, will sign a contract with UNDP
(and therefore not by a sub-consultant to that firm).
37
2. Technical Evaluation Criteria
The technical evaluation criteria are summarized as follows:
Summary Evaluation Criteria Available
Points
Where Firms can
respond to these
criteria
1 Sufficiency of financial and physical resources to
initiate and complete the required outputs
200 Returnable
Schedule 3
2 Firm‟s experience and track record in providing cost
management of similar projects
250 Returnable
Schedule 4
3. Proposed Approach and Methodology, including
Understanding of the Services
300 Returnable
Schedule 5
4. Qualifications and relevant experience of Nominated
Team / Personnel
250 Returnable
Schedule 6
Total available points 1000
A detailed breakdown of these evaluation criteria is provided below.
1 Sufficiency of financial and physical resources to initiate and
complete the required outputs
Available Points
1.1 Company history: has the firm demonstrated a solid company
establishment and background?
30
1.2 Quick ratio of 1 or higher
The quick ratio calculation divides the current assets, or assets of the
Lead Consultant (which can be converted into cash immediately
(excluding inventory)) by its current liabilities.)
80
1.3 Evidence of existing specialized hardware and software (programs,
systems, etc.) which will directly contribute to the efficient processing
of data/information and completion of the tasks and outputs required
by the contract (is cost estimating software to creation of BOQ)
40
1.4 Certification to ISO9001, ISO 14001 or other relevant international
standards
40
1.5 Has the firm signed up to the Global Compact? 10
Sub Total available points 200
38
2 Firm’s experience and track record in providing cost management
of similar projects
Available Points
2.1 Demonstrated a track record in cost management of office buildings of
a similar size (approx 7,347m2)
50
2.2 Demonstrated a track record in cost management of green buildings
that are certified under a rating tool administered by a member
organization of the World Green Building Councils or equivalent
80
2.3 Have the projects been built to international standards? 50
2.4 Evidenced experience in cost management in a developing country 70
Sub Total available points 250
3 Proposed Approach and Methodology, including Understanding
of the Services
Available Points
3.1 Demonstrated clear understanding of the tasks required 70
3.2 Demonstrated understanding of the particular risks and issues
associated with our project; and proposed approach to mitigating cost
risk on our project
100
3.3 Allocation of appropriate resources to the tasks identified in their
resource chart 70
3.4 Demonstrated innovation or offered value-adding services 60
Sub Total available points 300
4 Qualifications and relevant experience of Nominated Team /
Personnel
Available Points
4.1 Team Leader who is a highly qualified and experienced Director: Is
the ongoing involvement of that Director demonstrated in the resource
chart?
50
4.2 Nominated personnel with the required experience of providing
professional cost planning advice on major building projects:
- Directors and Senior Chartered Quantity Surveyor: 10 years
- Quantity Surveyors: 3 years
60
4.3 Nominated personnel have professionally recognized practicing
certificates / relevant degrees in surveying or civil engineering
60
4.4 Nominated personnel experience in cost planning of Grade A office
buildings
40
4.5 Nominated personnel with experience in cost planning of green office
buildings.
40
Sub Total available points 250
At the conclusion of the evaluation of technical proposals, UNDP may exercise the right to interview
the top-scoring firms. The result and proceedings of the interview shall not modify any of the
information in their bid nor will negotiations take place during the interviews. Rather, the purpose of
the interviews, which shall be duly minuted, will be to seek clarifications and confirm the suitability
39
of the Bidder‟s nominated personnel. Prior to the interview, the bid panel will prepare a list of issues
requiring clarification, which will be transmitted to the bidder in advance, and will become the agenda
of such interview.
Interviews are expected to be conducted by tele-conference and take approximately maximum of 1
hour for each bidder. At the interview, each of the Bidder‟s key team members, nominated to work
on the services in key roles on a day-to-day basis, should attend and participate at interview.
3. Evaluation of Financial Proposals
The Financial proposal will be opened only for submissions that passed the minimum technical
threshold of 70% of the maximum obtainable score of points in the evaluation of the technical
proposals, according to criteria presented above.
In this methodology, the maximum number of points assigned to the financial proposal is allocated to
the lowest price proposal. All other price proposals receive points in inverse proportion. The formula
is as follows:
p = y (μ/z)
Where:
p = points for the financial proposal being evaluated
y = maximum number of points for the financial proposal = 440 points
μ = price of the lowest priced proposal
z = price of the proposal being evaluated
4. Cumulative Score
The highest rated proposal will be selected on the highest cumulative score of the weighted technical
and financial attributes.
Where a firm is found ideal for selection and financial soundness becomes the sole issue, UNDP
reserves, and may exercise, its right to obtain reports on the company‟s production facilities, financial
and management status shall be obtained from credit rating and reporting agencies (i.e., Dunn and
Bradstreet, Moody‟s Investory Services).
40
Annex VI
TECHNICAL PROPOSAL SUBMISSION FORMS
Offerers are asked to prepare the Technical Proposal as a separate pdf file in the form
provided in the Returnable Schedules contained herein, submitted as indicated in Paragraph 3
of the Cover Letter to this Request for Proposals .
41
RETURNABLE SCHEDULE 1 – PROPOSAL SUBMISSION FORM Date
Mr Barnaby Jones
Deputy Country Director (Operations)
United Nations Development Programme
25-29 Phan Boi Chau
Hanoi, Viet Nam
Dear Mr Jones,
SUBJECT: COST CONSULTANT (CHARTERED QUANTITY SURVEYOR) FOR GREEN
ONE UN HOUSE IN VIET NAM
Having examined the Solicitation Documents, the receipt of which is hereby duly acknowledged, we,
the undersigned, offer to provide Professional Consulting services for Cost Consultant (Chartered
Quantity Surveyor) for the Green One UN House for the sum as may be ascertained in accordance
with the Price Schedule attached herewith and made part of this Proposal.
We agree unconditionally to accept the General Conditions of Contract for Services and Model
Contract for Professional Consulting Services as provided at Annexes II and III to the Request for
Proposal.
We undertake, if our Proposal is accepted, to commence and complete delivery of all services
specified in the contract within the time frame stipulated. We agree to abide by this Proposal for a
period of 120 days from the date fixed for opening of Proposals in the Invitation for Proposal, and it
shall remain binding upon us and may be accepted at any time before the expiration of that period. We
understand that you are not bound to accept any Proposal you may receive.
This is to certify that (Name of Company Representative) , the bona fide
(Designation) of (Company Name) is hereby authorized to act for, and
in behalf of, the company for all pre-qualification and bidding activities pertaining to the project This
appointment shall be valid for the duration of the Project: “Green One UN House in Viet Nam”.
I, ____________________________________________________, of legal age, with address at
________________________________________after having been duly sworn in accordance with the
Law, hereby certify that I am not restricted by any law or ordinance to participate in this bidding, nor
am I restrained by any national or international organization for this undertaking.
I also hereby certify that all information in this document, including all annexes and enclosures
hereto, are true and correct to the best of my knowledge and I hold myself personally liable,
criminally or civil, for any misrepresentation or false statements made herein. I shall be willing to
supply documentary evidence to support the statements I have made above, at the request of UNDP. I
recognize and understand that any misrepresentation or material omission made on this document
shall be sufficient ground for my automatic disqualification from UNDP bidding process or rejection
of my bid offer.
In faith whereof, I have hereto affixed my signature this _______ day of __________________,
200__ at _____________________________________.
Dated this day /month of year
Signed :
(President / CEO / Chairman)
42
RETURNABLE SCHEDULE 2 – MANDATORY CRITERIA
1. PROFESSIONAL INDEMNITY INSURANCE
Attach to a copy of this Returnable Schedule:
Written confirmation from a reputable insurer on the insurer‟s letterhead that the Lead Consultant has
or is able to take out a policy for Professional indemnity Insurance for USD 1,000,000 to cover all of
the activities set out in the Terms of Reference (TOR) for the Cost Consultant (Chartered Quantity
Surveyor) for the Green One UN House, in the form provided in the draft letter provided overleaf.
Attach to a copy of this Returnable Schedule:
Details of any claims made against any Professional Indemnity Insurance carried by the Lead
Consultant in the last 5 years.
Attach to a copy of this Returnable Schedule:
EITHER: a copy of the Lead Consultant‟s existing Professional Indemnity Insurance for USD
1,000,000
OR Written commitment to obtain Professional Indemnity Insurance for USD 1,000,000
within 14 days of receiving a Letter of Intent from UNDP, written confirmation that the
Lead Consultant will apply to obtain such business registration within 21 days after
receiving a Letter of Intent from UNDP advising that it is selected to provide the
Services.
2. LEGAL STATUS
Attach to a copy of this Returnable Schedule: Certified true copies of completed registration
documents with the country of the firm‟s origin / operation, duly translated into the English language
if not already in English, including, but not limited to the following:
a) Trade registration papers as issued by the Ministry in the firm‟s country of origin;
b) All appropriate licenses to practice the firm‟s profession, or as a standard requirement in the
industry/field of practice.
c) If the firm is based on a foreign country and has a branch operating in Vietnam, the corresponding
licenses to operate the business and maintain an office in Vietnam should also be submitted. The
same shall apply for foreign firms who may not be officially operating in Vietnam, but has
appointed a local representative company in Vietnam.
d) If the applicant for prequalification is not a Corporation, or is unable to provide documentation
that are only required of corporations, then they are encouraged to explain and provide equivalent
documents that are required for this type of entity.
3. CONFLICT OF INTEREST STATEMENT Attach to a copy of this Returnable Schedule: Completed a Declaration for No Conflict of Interest
signed the President, CEO or Chairman of the Lead Consultant in the form provided overleaf.
4. INTERNATIONAL CHARTERED SURVEYOR OR CIVIL ENGINEER Attach to a copy of this Returnable Schedule:
Brief (1 page) Curriculum Vitae for the International Chartered Surveyor or International Chartered
Civil Engineer in your team who will be responsible for certifying the Bill of Quantities prior to
tender. This should identify the institution to which the nominated person is a member, and his/her
level of membership (ie whether member, associate or fellow).
43
5. BUSINESS REGISTRATION IN ACCORDANCE WITH VIETNAMESE LAW TO PROVIDE
THE SER VICES
Attach to a copy of this Returnable Schedule:
EITHER: Attach copy of business registration certificate(s) (both in Vietnamese original and with
English translation) in the name of the Lead Consultant (with which UNDP would sign a
contract for the Services)
OR: Provide written confirmation that it will apply to obtain such business registration within
21 days after receiving a Letter of Intent from UNDP advising that it is selected to
provide the Services.
44
TEMPLATE FOR LETTER FROM INSURER CONFIRMING INSURANCE COVERAGE
(To be printed on the Official Letterhead of the Insurer )
Date
Mr Barnaby Jones
Deputy Country Director (Operations)
United Nations Development Programme
25-29 Phan Boi Chau
Hanoi, Viet Nam
Dear Mr Jones,
SUBJECT : COST CONSULTANT (CHARTERED QUANTITY SURVEYOR)
FOR GREEN ONE UN HOUSE IN VIET NAM
This is to confirm that <insert name of Lead Consultant > currently has, or is capable of obtaining
through our company, Professional Indemnity Insurance, to cover the Terms of Reference for the Cost
Consultant (Chartered Quantity Surveyor) for the Green One UN House in Viet Nam in accordance
with the Law in Viet Nam.
This policy provides / will provide:
- indemnity to the insured against loss arising from any claim or claims for breach of duty by way
of neglect, error or omission;
- coverage for bodily harm, property damage and financial loss ; and
- for USD 1,000,000 in a single claim
Signed:
Dated:
45
TEMPLATE FOR DECLARATION OF NO CONFLICT OF INTEREST
(To be printed on the Official Letterhead of the Company)
Date
Mr Barnaby Jones
Deputy Country Director (Operations)
United Nations Development Programme
25-29 Phan Boi Chau
Hanoi, Viet Nam
Dear Mr Jones,
SUBJECT : COST CONSULTANT (CHARTERED QUANTITY SURVEYOR) FOR GREEN
ONE UN HOUSE IN VIET NAM
I hereby certify that there is not any actual or potential conflict of interest or unfair advantage at this
time, in (Company Name) applying for or performing the services required for
the Cost Consultant (Chartered Quantity Surveyor) for a Green One UN House in Viet Nam.
In providing this proposal, our company nor, to the best of my knowledge, any firms included in our
submission, have no knowledge of or the ability to avail ourselves of confidential information (other
than information which may have been disclosed by UNDP in the normal course of inviting
applications for prequalification) where the confidential information would be relevant to the Services
required or the prequalification process.
If selected, our team will not select or specify goods or services from suppliers having family
members or relations with our staff, having investments in any such suppliers and/or receiving any
gifts, gratuities, loans or other special treatment of value to/from third parties doing business with or
wishing to do business with the United Nations Green One UN House Project
Signed :
(President / CEO / Chairman)
46
RETURNABLE SCHEDULE 3 – FINANCIAL + PHYSICAL
RESOURCES
The Purpose of this Returnable Schedule is to establish the company history, financial capacity and
physical resources of the Lead Consultant.
Fill in a copy of this Returnable Schedule:
1). COMPANY HISTORY
How many years has your organisation been in business under:
(a) its present name? ___________________________________________________
(b) a former name? ___________________________________________________
if (b) state former name.
2). ORGANISATION TYPE
Indicate whether organisation is: (Please tick appropriate box:)
Sole Trader
Partnership
Limited Liability Company
If a Company, is it: (Please tick appropriate box)
Private
Public
Holding
Subsidiary
Trust Company
Attach to a copy of this Returnable Schedule:
List of Shareholders and Other Entities Financially Interested in the Firm owning 5% or more of the
stocks and other interests, including Members of the Governing Board, duly certified by the Corporate
Secretary. (If participating firm is not a corporation, equivalent document may be submitted instead);
If a Partnership, list details of all current partners(Provide full name and address of all partners)
List all associated, subsidiary and holding companies including trusts. Include company/business
name and address.
3). PHYSICAL RESOURCES
Attach to a copy of this Returnable Schedule: (maximum 1 page):
Details of your firm‟s physical resources, including:
Number of full-time technical staff
Number of full-time support staff
Location(s) of office(s)
4). FINANCIAL CAPACITY
Attach to a copy of this Returnable Schedule: Latest (2008) Audited Financial Statement (Income
Statement and Balance Sheet) together with Latest Auditor‟s Report, duly stamped/authenticated and
received by the country‟s Internal Revenue Authority. If a 2009 version already exists among those
firms that follow a fiscal year, then the 2009 version should instead be submitted along. If the firm is
not required to pay taxes because of the nature of its business or by virtue of any other exemptions,
the firm should state so in this section of the proposal.
47
NOTE: In assessing financial strength of applicants, UNDP will conduct a quick ratio test which
calculates a firms‟ liquid assets in proportion to its liabilities. The calculation divides a firm‟s current
assets, or assets, which can be converted into cash immediately (excluding inventory), by its current
liabilities.
The minimum requirement for this assignment is a quick ratio of 1 or higher. Parties who do not meet
this requirement may submit, in addition to the financial statement, certificates of credit lines from its
banks and creditors, specifically allocated for this specific project.
5). IT EQUIPMENT + SYSTEMS
Attach to a copy of this Returnable Schedule: (maximum 2 pages):
Please provide an inventory of existing specialized hardware and software (programs, systems, etc.)
which will directly contribute to the efficient processing of data/information and completion of the
tasks and outputs required by the contract (such as cost estimating software to be used in the
preparation of the BOQ).
6). ISO CERTIFICATION
Attach to a copy of this Returnable Schedule::
Quality Certificates (e.g., ISO, etc.), accreditations, citations and other similar evidences of
compliance to internationally-recognized standards.
7). GLOBAL COMPACT
The UN Global Compact is a voluntary international corporate citizenship network for businesses that
are committed to aligning their operations and strategies with ten universally accepted principles in
the areas of human rights, labour, environment and anti-corruption. Participation in the UN Global
Compact is not mandatory, although bidders who do participate will be given additional points in the
evaluation.
For information on the UN Global Compact, go to www.unglobalcompact.org.
Attach to a copy of this Returnable Schedule::
Firms who participate in the UN Global Compact should provide proof of participation (such as a
copy of their on-line registration form and Letter of Commitment to the UN Secretary-General).
48
RETURNABLE SCHEDULE 4 – TRACK RECORD
Attach to a copy of this Returnable Schedule: (15 pages maximum):
Please provide details of your firm‟s track record and experience in the form provided below for a
maximum of 5 projects, highlighting those projects that are similar to the nature of this project and
have been completed within the last 5 years. Track record, as used in this document, refers to
contracts entered into by the firms nominated in the team, not of individuals within the team.
Include graphics as necessary to illustrate your track record (must be included within 15 page
maximum)
Name of Project
Brief Description of Project,
including:
- development type (ie offices,
apartments)
- size m2
- total project value (USD)
Location of Project (City / Country)
Scope of services provided
Date of Contract
Contract Value
Date of Completion or Status
(if ongoing)
Name of Client
Contact Person and Contact
Details including email address
Green Building Certification State whether the building was formally
certified by under a rating tool
administered by a member organization
of the World Green Building Councils.
Specify rating level obtained.
ISO or other standard applied by the
Firm
Supporting details:
Describe key features which may be
relevant to this project.
Support above where relevant with letters of recommendation from previous clients.
49
RETURNABLE SCHEDULE 5 – PROPOSED APPROACH AND
METHODOLOGY
Attach to a copy of this Returnable Schedule (maximum 10 A4 pages):
1. A written statement setting out your understanding of the Cost Management services required for
a Green One UN House and your proposed approach in responding to the TOR. Include
information on:
- your understanding of the current construction market in VietNam;
- your proposed approach to achieving reasonable cost accuracy in the current Vietnamese
market;
- understanding of the particular risks and issues associated with our project;
- your recommended strategies for mitigation of cost risk to UNDP; and
- any value-added services being offered by the Bidder as part of their Financial Proposal.
2. An implementation schedule for the Services (in the form of a bar chart – example format
provided overleaf) indicating all main activities of the assignment (including delivery of reports)
and the proposed resources to be committed to this assignment.
50
EXAMPLE FORMAT FOR IMPLEMENTATION SCHEDULE FOR THE SERVICES
Full time input
Part time input
Year: 2010 (submit second schedule for 2011)
Activity Role in Team Position Title in
Company
Name 1 2 3 4 5 6 7 8 9 10 11 12
ie Pre-Design +
Basic (Concept)
Design
ie. Team Leader ie. Director ie. John Doe Home
Field
1. For Professional Staff, the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2. Months are counted from the start of the assignment.
3. For each nominated role in the team, specify whether the work will be done “at home” or “in the field”. Field work means work carried in Ha Noi, Viet
Nam.
4. Identify which nominated team member will attend the project meetings in Hanoi with the UNDP Project Manager.
Rev Oct 2000
RETURNABLE SCHEDULE 6 – NOMINATED PERSONNEL Attach to a copy of this Returnable Schedule:
Provide Curricula Vitae for all personnel nominated in Returnable Schedule 5 including details of
(maximum 2 pages per person):
- name
- date of birth
- nationality
- location (city / country)
- education (provide names of intuitions(s), degree(s) obtained and year(s) obtained)
- membership of professional associations / institutions
- other relevant training
- languages (for each language indicate proficiency: good, fair, or poor in speaking, reading, and
writing)
- countries of work experience
- employment record
52
Annex VII
FINANCIAL PROPOSAL SUBMISSION FORMS
The Contractor is asked to prepare the Financial Proposal as a separate pdf file in the form
provided at Returnable Schedules 7 and 8 submitted as indicated in Paragraph 3 of the Cover
Letter to this Request for Proposals .
All prices/rates quoted must be inclusive of all taxes.
53
RETURNABLE SCHEDULE-7 Financial Proposal Submission Form Name of Firm:
(in block letters)
………………………………………………………….…………
……………………………………………………….……………
Address: ……………………………………………………….……………
………………………………………………………….…………
hereby submit an offer for the role of Cost Consultant (Chartered
Quantity Surveyor) for a Green One UN House in Hanoi
Having examined the Request for Proposals (RfP), and the RfP Addenda,
………………………………………………………………………………
[insert Addenda Numbers and dates]
the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide the services of a
Cost Consultant (Chartered Quantity Surveyor) to UNDP in accordance with your Request for Proposal
and our Technical Proposal for the lump sum of …………………………………………..[insert total
lump sum Bid amount in words and figures, inclusive of VAT)] in accordance with the following
breakdown of the lump sum fee.
Services to be provided Lump Sum
Amount in USD
1. Pre-Design +
2. Basic (Concept) Design
$............................
3. Technical (Detailed) Design $............................
4. Contract Documentation $............................
5. Procurement of Civil Works Contract $............................
6. During Civil Works $............................
TOTAL LUMP SUM FEE (exclusive of VAT) $............................
VAT $............................
TOTAL LUMP SUM FEE (inclusive of VAT) $............................
The Lump Sum Fee is inclusive of the Cost Consultant‟s profit and all costs, expenses, burdens and
overheads of every kind, including all associated costs incurred by the Cost Consultant, not limited to:
travel expenses (both locally and air travel); hotel accommodation; printing, purchasing and reproduction
of documents; translation of documents into other languages; courier charges; international telephone
calls and facsimile transmission. Obtaining visas and other permits needed by the cost consultant‟s
personnel to enter into and reside and work in the Viet Nam; legal requirements relating to the Cost
Consultant‟s personnel and their employment; and costs of maintaining Professional Indemnity Insurance,
plus all other insurances required under the contract, for the duration of the contract term.
Name of Bidder (company name):
Signed for the Bidder by: (Authorized Officer)
54
In the Office Bearer capacity of:
Date:
RETURNABLE SCHEDULE-8 Schedule of Rates for Variations
The following schedule will be used for the calculation of variations to the lump sum contract sum. Only
variations which have the prior written approval of the UNDP Project Manager will be understood to be
variations and be paid in accordance with this schedule. As far as possible, the cost of any such variations
shall be negotiated in advance.
Role Name Rate (US$/hr) Rate (US$/day)
Principal $............... / hr $................./ day
Senior Quantity Surveyor
Quantity Surveyor
Junior Quantity Survyeor
Technical Assistant
Name of Bidder (company name):
Signed for the Bidder by: (Authorized Officer)
In the Office Bearer capacity of:
Date: