1. tel +41 (0)22 791 1700
fax +41 (0)22 791 1701
Chemin de Blandonnet 8 • 1214 Vernier • Geneva, Switzerland www.theglobalfund.org
REQUEST FOR PROPOSAL (RFP)
Issuance Date: 26 September 2008
Closing Date: 17 October 2008
Closing Time: 16:00 hours, Central European Time
Subject: Request For Proposal (RFP) No.: HQ-GVA-08-036
Assessment of Global Fund Executive Director
The Global Fund to Fight AIDS, Tuberculosis and Malaria (the “Global Fund”), is
seeking proposals from qualified organizations to conduct an assessment of the
Global Fund Executive Director, as more fully described in Section A (Statement of
Work) of this RFP.
This RFP consists of this cover letter and the following:
Section A: Statement of Work
Section B: Evaluation Criteria
Section C: Instructions to Offerors
Section D: Standard Provisions
Section E: Attachments
Offerors must prepare and submit proposals in accordance with Section B
(Evaluation Criteria) and Section C (Instructions to Offerors) to this RFP as well as
the information provided below.
Proposals may be submitted either electronic or hard paper copies and must be
received no later than 16:00 hours, Central European Time, 17 October 2008. Faxed
proposals are not acceptable. Offerors are requested to submit their proposal by mail,
courier service, and/or by e-mail attachment formatted in Microsoft Word and/or Excel.
The technical and cost portions of proposals shall be submitted in separate volumes.
Both technical and cost proposals must be submitted. The copies of the proposal
submitted by email and by priority mail/courier service must be identical.
Electronic copies of the entire proposal formatted in Microsoft Word and/or Excel
should be sent vial email to: massamba.diouf @theglobalfund.org and
firstname.lastname@example.org. Proposals submitted by E-mail must be
received no later than the closing date and time. Offerors shall confirm with
Patricia Chatsika at email@example.com before the closing date and time,
that their e-mail submissions or hard copies were successfully received by the required
due date and time. The subject line of the e-mail must read “
Offeror’s name _RFP No. HQ-GVA-08-036 – Assessment of the Global Fund
Executive Director – Technical Proposal” (Please specify if it is Technical OR Cost
2. RFP #HQ-GVA-08-035 Performance Evaluation of the Global Fund Executive Director
If sent by mail, courier or hand-carry, three hard copies of the technical proposal and two hard
copies of the cost proposal shall be addressed and marked as follows:
Attention: Sabine Gabriel, Contracts Manager
The Global Fund to Fight AIDS, Tuberculosis and Malaria
Chemin de Blandonnet 8,
1214 Vernier, Geneva,
RFP No. HQ-GVA-08-036 Assessment of the Global Fund Executive Director
Offerors should take account of the expected delivery time required by the proposal
transmission method they choose, and are responsible to ensure that proposals (either
electronic or hard paper copies) are received at the Global Fund in Geneva, Switzerland,
by the due date and time. Lost or misdirected courier packages received after the due
date and time will be considered as having been submitted late.
Proposals which are submitted late or are incomplete or non-responsive will not be
considered in the review process.
In addition to the written proposal, Offerors in the competitive range may be requested to
make oral presentations in English. The date, time, and place for oral presentations (if
any) will be specified in due course.
The Global Fund reserves the right to organize a pre-proposal conference before the
closing date of this RFP. Should this option be exercised, all prospective Offerors will be
invited to participate. Details of this conference will be provided in due course.
The Global Fund may, at its discretion, extend the deadline for the submission of
proposals or revise the terms of reference by issuing an amendment to this solicitation.
The Global Fund intends to award one ore more contracts resulting from this RFP to the
responsible Offeror (s) whose proposals conforming to this RFP offers the greatest value
in terms of the selection criteria. The Global Fund may (a) reject any or all proposals
without stating reasons, (b) accept other than the lowest cost proposal, (c) accept more
than one proposal, (d) accept alternate proposals, (e) waive informalities and minor
irregularities in proposals received, and (f) cancel this RFP.
The Global Fund may award one or more contracts on the basis of initial proposal
received, without discussions or negotiations. Therefore, each initial proposal should
contain the Offeror's best terms from a cost and technical standpoint. The Global Fund
reserves the right (but is not under obligation to do so) to enter into discussions with one or
more Offerors to obtain clarifications or additional detail, to suggest refinements in the
technical proposal or other aspects of the proposal, or to negotiate the cost proposal.
The Global Fund has entered into an Administrative Services Agreement with the World
Health Organization (WHO), pursuant to which WHO enters into contracts for and on
behalf of the Global Fund for the procurement of goods and services. Accordingly, the
contract will be subject to the privileges and immunities of WHO.
Section 9 of the Convention of 21 November 1947 on the Privileges and Immunities of the
Specialized Agencies provides that WHO, including its subsidiary organs, assets, income
and other property, is exempt from all direct taxes and exempt from customs duties in
respect of articles imported or exported for its official use. Accordingly, your cost proposal
shall reflect any tax exemptions to which WHO/Global Fund is entitled by reason of the
immunity it enjoys. Cost proposals including taxes will be considered non-responsive.
3. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director
Offerors are requested to hold their proposal valid for 90 (ninety) days from the deadline
for submission. The Global Fund will make its best effort to finalize selection within this
The Global Fund will be under no obligation to reveal, or discuss with any Offeror, how a
proposal was assessed, or to provide any other information relative to the selection
process. Offerors whose proposals are not selected will be notified in writing of this fact,
and shall have no claim whatsoever for any kind of compensation.
Offerors are solely responsible for their own expenses, if any, in preparing and submitting
an offer to this RFP. This would include any costs incurred during functional
demonstrations and subsequent meetings and negotiations.
Questions and Amendments
Any questions and/or requests for clarifications in relation to the RFP must be submitted in
writing via email by no later than 16:00 hours, Central European Time, 6 October
2008, to: and firstname.lastname@example.org and email@example.com. All
questions and related responses, as well as any amendments to this RFP, will be posted
on the Global Fund website: http://www.theglobalfund.org/en/business_opportunities/
Offerors are encouraged to check this website on a regular basis.
This letter and its attachments shall not be construed as a contract or a commitment of any
kind. This RFP in no way obligates the Global Fund to award a contract, nor does it
commit the Global Fund to pay any cost incurred in the preparation and submission of the
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SECTION A - STATEMENT OF WORK
The Global Fund to Fight AIDS, Tuberculosis and Malaria (“the Global Fund”) is a
unique global public/private partnership dedicated to attracting and disbursing additional
resources to prevent and treat HIV/AIDS, tuberculosis and malaria. This partnership
between governments, civil society, the private sector and affected communities
represents a new approach to international health financing. The Global Fund works in
close collaboration with other bilateral and multilateral organizations to supplement existing
efforts dealing with the three diseases. It provides more than 20 percent of international
funding to fight AIDS, as well as two-thirds of international funding to fight malaria and
The Global Fund is a foundation under Swiss Law and its headquarters are based in
Geneva, Switzerland. The Global Fund is accountable to its Board, the highest decision
making body, which consists of representatives of donor countries, implementing
countries, the private sector and non-governmental organizations as well as other
stakeholders from abroad.
For further information about the organization, please consult our web site:
Under a process agreed by the Board of the Global Fund, the Chair and Vice Chair of the
Board are required to evaluate the Executive Director on an annual basis.
This will be the first evaluation conducted of the current Executive Director who has been
in his position since June 2007.
Assessment of Global Fund Executive Director
The objective of this contract is to provide an independent performance evaluation of the
Executive Director for the Chair and Vice Chair of the Board who will then report the
results of such assessment to the Global Fund Board at its meeting in May 2009.
IV. SCOPE OF WORK
The Contractor shall conduct the evaluation primarily on the basis of the Board-approved
Executive Director competencies (cognitive/strategic thinking behaviours,
involving/participating behaviours, influencing behaviours and performing/achieving
behaviours) and the Board-approved 2008 key performance indicators (This information
will be provided to the successful offeror). The methods used for the evaluation shall be at
the direction of the Chair and Vice Chair of the Board.
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The Contractor shall deliver the following:
1. A Draft of Performance Report to the Chair and Vice Chair of the Board for review
and comments, 3 weeks prior to the ending date of the contract.
2. Final Performance Report within 5 days after receiving comments and/or feedback
from the Chair and Vice Chair of the Board
VI. RELATIONSHIP AND RESPONSIBILITIES
The Contractor will work under the technical and procedural direction of the Chair and Vice
Chair of the Board or his or her designee.
VII. PERFORMANCE PERIOD
The Contract will be for a period of three months. It is expected to begin in November
VIII. LOGISTICAL SUPPORT
The Contractor will be responsible for all logistical support.
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SECTION B – EVALUATION CRITERIA
The Global Fund will assess the extent to which proposals submitted in response to this
RFP meet the evaluation criteria that are set forth below.
The evaluation criteria are divided into technical and cost factors. In assessing each
proposal, the Global Fund will allocate greater importance to technical factors than to cost
factors. This will be reflected in the weighting that the Global Fund will employ in assigning
a total score to each proposal. While the technical score will be significantly more
important, cost will be a factor in the evaluation.
The score assigned to each proposal will be of guidance in determining which proposals
would provide the greatest value to the Global Fund. However, the Global Fund reserves
the right not to employ raw scores in determining best value where it considers, in its sole
discretion, that this would not be appropriate.
I. Technical Evaluation Criteria
Proposals received in response to this Request for Proposals will be evaluated on the
basis of the following technical criteria:
1. Technical Approach (40 points)
Extent to which the proposed technical approach including description of methods to be
used for the evaluation is clear, logical, well-conceived, technically sound, directly
addresses the objectives identified in the Statement of Work
2. Team Structure and Key Personnel (30 points maximum)
Extent to which the overall Team Structure is appropriate for implementing the task.
Extent to which the proposed key personnel demonstrate the offeror’s ability to effectively
and quickly launch and implement the tasks. Key personnel will be assessed on the
appropriateness of their academic background, expertise and years of experience working
on activities similar to their designated duties and responsibilities in the proposal. Key
personnel will be assessed on their success in managing similar activities and tasks.
3. Organization/Institutional Capacity (10 points)
Extent to which the offeror’s corporate and institutional capability demonstrates an ability to
successfully and quickly launch and implement the activity.
4. Past Performance (20 points)
The Global Fund will evaluate the Offeror’s experience and past performance in
conducting similar executive evaluation services, in particular in the international sector.
This evaluation will be based on information provided by the Offeror. The Global Fund
may also contact references provided by the offeror.
II. Cost Evaluation Criteria
Following the technical review process, a review of the cost proposals will be conducted on
technical proposals within the competitive range. A technical proposal may be considered
within the competitive range when it receives at least 70 out of 100 points maximum
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Cost proposals shall be evaluated based on the proposed daily rates of key personnel and
proposed Total Costs to perform the work. Cost Proposals will be analyzed as part of the
overall evaluation for completeness, reasonableness, and competitiveness of (1) proposed
daily rates of key personnel, and (2) proposed total costs for the work.
The Global Fund intends to award contracts to one or more responsible and responsive
offerors whose proposals are the most advantageous to the Global Fund, price and other
factors considered. Technical, cost and other factors will be evaluated relative to each
other, as described above. The award selection will be made on a best value (technical or
non-cost versus cost tradeoff) basis, where all non-cost factors will be significantly more
important than cost. Although technical evaluation criteria are significantly more important
than cost, the closer the technical evaluation scores of the various proposals are to one
another, the more important cost considerations will become. Therefore, the cost proposal
may become a determinant factor in making award.
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SECTION C – INSTRUCTIONS TO OFFERORS
This RFP is a full and open competition. The Global Fund invites qualified offerors to
submit proposal to conduct performance evaluation of the Global Fund Executive Director
as more fully described in Section A (Statement of Work) of this RFP.
The Global Fund may amend this RFP at any time prior to the closing date and time. Any
amendments to this RFP will be posted on the Global Fund website:
http://www.theglobalfund.org/en/business_opportunities/ Offerors are encouraged to check
this website on a regular basis. It is the responsibility of the recipient of this solicitation
document to ensure that it has been received in its entirety from the Internet; the Global
Fund bears no responsibility for data errors resulting from transmission or conversion
This request for proposals in no way obligates the Global Fund to award a contract, nor
does it commit the Global Fund to pay any cost incurred in the preparation and submission
of the proposal(s). Offerors are solely responsible for the payment of all costs and
expenses incurred in relation to the preparation and submission of their proposals.
C.2 Proposal Submission
Proposals must be submitted in accordance with the terms of this RFP. Offerors shall
propose all services, not part or a portion required by this RFP specified in Section A
(Statement of Work). Offerors should carefully consider Sections B, Evaluation Criteria
and C, instructions to offerors.
The proposal shall be prepared in two separate parts: the Technical Proposal shall
address technical aspects only, while the Cost Proposal shall present the costs and
address related issues such as roles and responsibility or contractual authority of all
The proposals shall be written in English and typed on letter size or A4 paper, single
spaced with each page numbered consecutively.
C.3 Eligibility Requirements
In order for its proposal to be eligible for consideration, the Offeror must provide
information to satisfy the Global Fund that:
(a) It has the legal personality required to enter into contracts;
(b) Has sufficient financial resources or ability to obtain them, to provide the Services
in a timely and effective manner.
C.4 Delivery of Proposals
(a) Closing Date and Time: All proposals in response to this RFP must be submitted
by no later than 16:00 hours, Central European Time, 17 October 2008.
(b) Technical and Cost/Business Proposals: The Technical Proposal is entirely
separate from the Cost/Business Proposal. Do not include cost data in the
technical proposal. This inclusion may lead to the rejection of the entire proposal.
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C.5 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL
The Technical Proposal should address how the Offeror intends to carry out the Statement
of Work (Attachment A). It also demonstrates a clear understanding of the work to be
undertaken and the roles and responsibilities of all parties involved. These requirements
flow directly from the evaluation criteria (Attachment B) and shall be organized and
included in five parts as indicated below.
The Technical Proposal should, at a minimum, include the following:
Part I - Executive Summary
This part summarizes the offer, highlighting main features of the proposal, including a
description of the offeror's approach and plans to satisfy and support requirements of this
Part 2 - Technical Approach
The technical approach should: (i) detail what the offeror considers necessary to fully
explain the proposed approach or method and (ii) reflect a clear understanding of the
nature of the work being undertaken and the environment in which the work must be
Offerors must provide a detailed description of their proposed methodology for completing
the services required under the Statement of Work (Section A).
Part 3 – Team Structure and Key Personnel
Offerors must provide a Team Structure and Key Personnel in its proposal. The Staffing
Matrix must include:
(a) an overview of the structure of the team that will be responsible for delivering the
services, with details of the internal reporting mechanisms between team members;
(b) a list of all Key Personnel and a detailed description of the role and responsibilities;
(d) the name, educational details, years of relevant professional experience and
language competencies of all Key Personnel;
(e) a complete and current resume for each of the proposed candidates per key position.
The resume may not exceed three pages in length and shall be in chronological order
starting with most recent experience;
(f) a signed letter of commitment from each candidate indicating his/her availability to
serve in the stated position and intention to serve for a stated term of the service.
(g)two (2) names of professional contacts (referees), with complete contact information
(current), phone number, and preferably email addresses, for each proposed
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Part 4: Organization/Institutional Capacity
Proposal will be assessed based on the extent to which the offeror’s corporate and
institutional capability demonstrates an ability to successfully and quickly launch and
implement the Statement of Work. Please provide a one (1) page general response
describing your business and capacity for providing the services outlined in the statement
Part 5 – Past Performance Information
Offerors must provide information relating to their experience in performing similar services
using the table contained in Section E, Attachment 1 (Past Performance Information Form)
listed in their proposals. Offerors must complete the table for at least three recent
contracts executed within the last five years, and ensure that it contains the following:
(a) Total Contract Value;
(b) Period of Performance;
(c) Client or Source of Funding;
(d) Place of Performance;
(e) Client Contact Information, so the Global Fund may contact references: name,
position, phone number and email address;
(f) Brief description of services performed; and,
(g) Description of the degree of similarity between the services performed under the
relevant contract and the services required under this RFP.
C.9. INSTRUCTIONS FOR THE PREPARATION OF COST PROPOSAL
The cost proposal shall be in US Dollars. The Cost Proposal should, at a minimum include
1. Completed Proposal Sheet using Section E, Attachment 2.
2. Completed Other Statements of the Offeror contained in Section E, Attachment 3.
3. A proposed time schedule for the work;
A detailed level of effort cost estimate. Please provide a separate line item for each
proposed individual and specify the name, position, number of workdays and daily rate
for each individual.
5. Proposed schedule of Daily Rates
Please submit a schedule of Daily Rates for all personnel necessary to carry-out the work
specified in the Statement of Work.
The proposed daily rate shall:
a) include salary and associated costs (i.e. any necessary insurance fringe benefits,
overhead, operating costs management fees and profits and any subcontracting fee);
b) not exceed the Offeror’s normal and customary rates charged for these services and,
c) not include the cost of travel, accommodation and other per diem costs or
The Schedule of Daily Rates should be in the following format provided below:
Position/Title Area of Expertise Daily Fee
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6. Travel and per diem
Travel, per diem and other transportation expenses shall be detailed in your proposal to
include expected number of trips, itineraries, purpose and beneficiary of each trip, number
of per diem days and per diem rates.
In accordance with UN guidelines, the airfare cost must be least costly economy fare
and per diem rates in USD in accordance with UN rate located at:
Successful Offeror may be requested to submit a copy of the Offeror's travel and
procurement policies (if any) in effect at the time the offer.
7. Other Direct Costs
Please provide a detailed estimate of other direct costs which are considered
necessary for completion of the work. Each line item of other direct costs shall be
separately identified, and shall include a narrative and numerical basis for the cost
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SECTION D - STANDARD PROVISIONS
(These standard provisions are applicable to all Global Fund contracts)
D.1 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR
1.1 Compliance with Applicable Laws. The Contractor represents and warrants that:
a. it holds all permits, licenses, certificates, registrations, variances,
exemptions, orders, franchises, and approvals of any and all governmental
authorities or other entities necessary or required by applicable law for the
lawful conduct of its business, including the performance of the Services.
The Contractor shall abide by any and all applicable laws and regulations
including, but not limited to, labor/employment laws and regulations; and
b. the execution, delivery and performance by the Contractor of this Contract
and all instruments thereunder will not violate any provision of any existing
law or regulation binding on the Contractor, or of the governing instruments
of the Contractor, or any agreement, instrument, or undertaking to which the
Contractor is a party or by which the Contractor may be bound, the violation
of which would have a material adverse effect on the ability of the
Contractor to perform Services under this Contract.
1.2 Authority; Enforceability. The Contractor warrants that it has the necessary power
and authority to execute and deliver this Contract and has the necessary power and
authority to perform all obligations required hereunder. The execution of this
Contract and each instrument hereunder has been or shall be executed by a duly
authorized officer of the Contractor, and constitutes a valid and legally binding
obligation of the Contractor enforceable against the Contractor subject, as to
enforcement, to the effect of bankruptcy, insolvency, or similar laws affecting the
enforcement of creditors’ rights.
1.3 Litigation. The Contractor warrants that there is no action, suit or proceeding before
or by any court pending or, to the best knowledge of the Contractor, threatened that,
if determined adversely to the Contractor, would have a material adverse effect upon
the performance by the Contractor of its duties under this Contract.
1.4 Insurance. The Contractor warrants that it shall obtain and maintain:
a. adequate insurances against all risks in respect of any property and any
equipment used for the execution of this Contract;
b. adequate workers compensation insurance or equivalent insurance for its staff
members, consultants or sub-contractors to cover claims for accident, illness,
injury or death in connection with the performance of this Contract;
c. liability insurance in an adequate amount to cover third party claims (including
WHO/Global Fund) for death or bodily injury, or loss or damage to property,
arising from or in connection with the performance of this Contract, reasonably
acceptable to WHO/Global Fund, naming WHO/Global Fund as an additional
assured party, before the commencement of the work;
d. such other insurance with financially responsible insurers in such amounts and
covering such risks as are in accordance with normal industry practice for
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e. engaged in businesses similar to those of the Contractor with regard to contracts
of this type.
The Contractor shall, upon request, provide WHO with satisfactory evidence of the
insurance required under this Article.
1.5 Liability. The Contractor hereby indemnifies and holds WHO/Global Fund harmless
from and against the full amount of any and all claims and liabilities, including legal
fees and costs, which may be made, filed or assessed against WHO/Global Fund at
any time and based on, or arising out of, breach by the Contractor of any of its
representations or warranties under the Contract, regardless of whether such
representations and warranties are explicitly incorporated herein or are referred to in
any attached annexes.
2.1. The Contractor shall not utilize any notes, data, designs, spreadsheets, or other
materials relating to WHO/Global Fund that were generated by the Contractor in
connection with the performance of the Services under this Contract, other than solely
for internal purpose.
2.2 The Contractor shall keep confidential all information and documentation to which
the Contractor may gain access during, or as a result of, the implementation and
execution of the Contract. Accordingly, the Contractor shall not use or disclose such
information for any purpose other than the performance of its obligations under the
Contract. Nor shall the Contractor at any time use such information or documentation
to private advantage. These obligations do not lapse upon termination of this Contract.
The Contractor shall ensure that each of its employees and/or other persons and
entities having access to such information shall be made aware of, and be bound by,
the obligations of the Contractor under this paragraph.
2.3 However, there shall be no obligation of confidentiality or restriction on use, where
the Contractor is clearly able to demonstrate that such information and/or
documentation: (i) is publicly available, or becomes publicly available, otherwise than
by any action or omission of the Contractor, or (ii) was already known to the Contractor
(as evidenced by its written records) prior to becoming known to the Contractor in the
implementation and execution of this contract; or (iii) was received by the Contractor
from a third party not in breach of an obligation of confidentiality.
2.4 At the written request of the Contractor, WHO/Global Fund may issue a written
statement releasing the Contractor from its obligations of confidentiality in respect of
certain information for scientific or development purposes only.
D.3 PUBLIC ANNOUNCEMENTS AND ADVERTISING
3.1 Any communications by the Contractor to the public, and in particular to the mass
media or any public forum whatsoever (including press, radio, television, cinema,
internet) relating to this Contract shall be subject to prior authorization in writing by
WHO/Global Fund. If WHO/Global Fund authorizes the Contractor to supply the public
with information, the Contractor shall ensure that such information is provided
3.2 In no case shall the Contractor use the name, the emblem or the official seal of
WHO or the Global Fund, or any abbreviation thereof, without the advance written
consent of WHO/Global Fund. Without WHO/Global Fund’s prior written approval, the
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Contractor shall not, in any statement of an advertising or promotional nature, refer to
its relationship with WHO/Global Fund or to this Contract.
D.4 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
4.1 WHO/Global Fund shall be entitled to all intellectual property and other proprietary
rights including but not limited to patents, copyrights, and trademarks, with regard to
products, or documents and other materials which are produced or prepared or
collected in consequence of or in the course of the execution of this Contract. At
WHO/Global Fund’s request, the Contractor shall take all necessary steps, execute all
necessary documents and generally assist in securing such proprietary rights and
transferring them to WHO/Global Fund in compliance with the requirements of
4.2 Any materials already developed and copyrighted by the Contractor or other
providers remain with that copyright and will be acknowledged as such.
4.3 The Contractor warrants and represents that the Contractor Work Product shall not
violate the rights of any third parties.
5.1 In the case of default by the Contractor of any obligation under this Contract,
including, but not limited to, failure or refusal to perform the Services to the standard
required by WHO/Global Fund or within the time specified, or breach or non
compliance or insufficient compliance with any of its terms, or if the Contractor is
adjudicated bankrupt or formally seeks relief of its financial obligations, WHO/Global
Fund may, by written notice to the Contractor, terminate this Contract in whole or in
part, with immediate effect.
5.2 If WHO/Global Fund considers, in its sole discretion, that the purpose of this
Contract can no longer be achieved, it may terminate this Contract in whole or in part
by giving written notice of termination to the Contractor. The notice shall include the
effective date of the termination, which may be immediately or at some time in the
5.3 In the event of a termination, the Contractor shall immediately deliver and transfer
all work products and materials so far produced to WHO in accordance with WHO
ownership rights referred to in section D.4 above.
5.4 The provisions of sections D.1, D.2, D.3, and D.4 of these Standard Provisions of
this Contract (Section D) shall remain valid and survive after its completion or
termination for whatever reason.
D.6 FORCE MAJEURE
No party to the Contract shall be responsible for a delay caused by force majeure:
that is, a delay caused by strike, lock-out, foreign or civil war, or any other similar event
outside his control, it being agreed, however, that WHO/Global Fund shall be entitled
to terminate the Contract (or any part of the Contract) forthwith if the implementation of
the work is delayed or prevented by any such reason for an aggregate of 30 days.
Such termination shall be subject to payment of an equitable part of the contract sum
and/or other reasonable charges. In the event of such termination, the Contractor
shall, in accordance with the ownership rights referred to in section E.4, deliver to
WHO/Global Fund all work products and other materials so far produced.
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D.7 SETTLEMENT OF DISPUTES
7.1 Conciliation; Arbitration. Any dispute, controversy or claim arising out of or relating
to the Contract, including the breach, termination, or invalidity thereof shall, unless
settled amicably by direct negotiation, will be settled by conciliation according to such
procedure as may be agreed between the parties. In the event of failure of
conciliation, the disputes will be settled by arbitration. The arbitration will be conducted
in accordance with the modalities to be agreed upon by the parties, or in the absence
of agreement, with the rules of arbitration of the International Chamber of Commerce.
There shall be one arbitrator. The language of the arbitration shall be English. The
place of arbitration is Geneva. The parties will accept the arbitral award as final.
7.2 Reference Law. Any matter relating to the interpretation or application of this
Contract which is not covered by its terms will be resolved by reference to the laws of
Switzerland (including the Swiss Code of Obligations, Article 394 and following).
8.1 The Contractor will be responsible to ensure that the services rendered under the
Contract are in accordance with the specifications and the time prescribed under or
pursuant to this Contract.
8.2 The Contractor shall be responsible for the professional and technical competence
of its employees, consultants and sub-contractors and will select, for work under this
Contract, reliable individuals who will perform effectively in the implementation of the
Contract, respect the local customs, and conform to a high standard of moral and
D.9 SUCCESSORS AND ASSIGNEES
This Contract shall be binding on the successors and assignees of the Contractor and
the Contract shall be deemed to include the Contractor’s successors and assignees,
provided, however, that nothing in this Contract shall permit any assignment without
the prior written approval of WHO/Global Fund.
In the event the Contractor requires the services of sub-contractors, the Contractor
shall obtain the prior written approval and clearance of WHO/Global Fund for all sub-
contractors. The approval of WHO/Global Fund 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.
D.11 PRIVILEGES AND IMMUNITIES
Nothing contained in this Contract and/or its Appendices shall constitute or may be
construed as a waiver of, or limitation upon, WHO´s privileges and immunities.
D.12 TAX EXEMPTION
12.1 Section 9 of the Convention of 21 November 1947 on the Privileges and
Immunities of the Specialized Agencies provides that WHO, including its subsidiary
organs, assets, income and other property, is exempt from all direct taxes and exempt
from customs duties in respect of articles imported or exported for its official use. In
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16. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director
the event any authority refuses to recognize WHO/Global Fund’s exemption from such
taxes, duties or other similar charges, the Contractor shall immediately consult with
WHO/Global Fund to determine a mutually acceptable procedure. Accordingly any
payments by WHO/Global Fund to the Contractor shall reflect any tax exemptions to
which WHO/Global Fund is entitled by reason of the immunity it enjoys. As regards
duties and other indirect taxes, the Contractor shall list such charges on invoices as a
separate item and, to the extent required, cooperate with WHO to enable
12.2 All prices included in this Contract hereunder are net, and reflect all tax
exemptions to which WHO/Global Fund is entitled.
Language of Work Product. The Contractor will prepare all original materials required
under any Contract in English, unless WHO/Global Fund directs otherwise in writing or
in a particular contract.
All notices to be given under the Contract must be in writing and sent to the address or
fax number of the intended recipient set out in the Cover Sheet of this Contract or to
any other address or fax number which the intended recipient may designate by notice
given in accordance with this Article. Any notice may be delivered personally or sent
by first class pre-paid registered mail or by fax, and it will be deemed to have been
(i) if by hand, when delivered;
(ii) if by first class registered mail, 48 hours after posting if posted within
Switzerland, and 7 days in all other cases; and
(iii) if by fax, when dispatched provided the sender’s fax machine produces
automatic receipt of error free transmission to the intended recipient’s fax number.
D.15 RELATION BETWEEN THE PARTIES
Nothing in this Contract shall be deemed to constitute any employer/ employee
relationship, or any partnership or joint venture, between the Parties or constitute either
Party as the agent of the other. In this respect, each Party shall be solely responsible
for the manner in which the work is carried out. Thus, WHO/Global Fund shall not be
responsible for any loss, accident, damages or injury suffered by any person
whatsoever arising in or out of the execution of this work, including travel. For travel in
WHO/Global Fund vehicles, WHO/Global Fund has, whenever possible and without
prejudice to the foregoing, obtained passenger insurance covering inter alia the
contractual partner. Without prejudice to the fact that WHO/Global Fund does not
assume any liability in regard to the execution of the work under this Contract,
including travel undertaken in connection with such work, in case of travel in
WHO/Global Fund vehicles, WHO/Global Fund’s liability (if any) shall in no event
exceed the amount of any insurance coverage.
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17. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director
D.16 AMENDMENTS; WAIVER
1. Provisions of this Contract may only be amended, waived, discharged or terminated
by written communication signed by authorized representatives of both WHO/Global
Fund and the Contractor.
2. The waiver, by an act, omission or knowledge of either Party, its Agent or its
employees, of any provision or breach of the contract shall not prevent subsequent
enforcement of such provision or excuse further breaches.
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18. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director
SECTION E – ATTACHMENTS
ATTACHMENT NUMBER: TITLE:
ATTACHMENT 1 Past Performance Information
ATTACHMENT 2 Proposal Sheet
ATTACHMENT 3 Other Statements of Offeror
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19. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director
ATTACHMENT 1 – PAST PERFORMANCE INFORMATION
As part of the Technical Proposal, Offerors are required to complete the following
table for three (3) recent contracts executed within the last five years which are
similar in nature to the technical requirements of this solicitation. The Global Fund
reserves the right to contact any persons listed here in order to gain a better
understanding of the Offeror’s past performance in delivering similar services to
Past performance information shall be included for both the Prime and Key
Subontractor(s). Please use the form for each contract information.
PAST PERFORMANCE INFORMATION FORM
OFFEROR: (Please provide your organization’s name here)
Information provided in response to RFP No:
1. Contract Title:
2. Total Contract Value:
3. Period of Performance (must be within the last
4. Place of Performance/Location of Service
Delivery: (Regions and/or specific countries)
5. Client or Source of Funding:
6. Client Reference: (Name, Position, Phone
Number, Email Address) and relationship to
7. Brief Description of Services:
8. Relevance of Activity/Assignment to the
services Required under this Request for
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20. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director
ATTACHMENT 2 - PROPOSAL SHEET
RFP No. HQ-GVA-08-036
Company name: _________________________________________________
Contact person for this RFP: _________________________________________
Contact person’s e-mail: ____________________________________________
Contact person’s telephone: _________________________________________
Proposed Daily Rates:
Position/Title Daily Fee Rate
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21. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director
ATTACHMENT 3 - OTHER STATEMENTS OF OFFEROR
1. GENERAL INFORMATION
Chief Executive Officer/Key Manager:
Date the organization was legally established:
Number of people employed by the Offeror:
2. AUTHORIZED INDIVIDUALS
The Offeror represents that the following persons are authorized to negotiate on its
behalf with the Global Fund and to bind the Offeror in connection with this proposal.
3. TYPE OF ORGANIZATION
The Offeror, by checking the applicable box, represents that it operates as
[ ] a corporation organized under the laws of ________________________
[ ] a partnership;
[ ] a non-governmental non-profit organization;
[ ] a non-governmental educational institution;
[ ] a governmental organization;
[ ] a private college or university;
[ ] a public college or university;
[ ] an international organization; or
[ ] a joint venture or consortium.
I certify that the above information is true and correct.
Name: _______________________________ Title:
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