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C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
C.4 Delivery of Proposals
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C.4 Delivery of Proposals

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  • 1. tel +41 (0)22 791 1700 fax +41 (0)22 791 1701 email info@theglobalfund.org 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 Dear Offeror, 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 patricia.chatsika@theglobalfund.org. Proposals submitted by E-mail must be received no later than the closing date and time. Offerors shall confirm with Patricia Chatsika at patricia.chatsika@theglobalfund.org 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 Proposal)
  • 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, Switzerland 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 period. 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 massamba.diouf@theglobalfund.org and patricia.chatsika@theglobalfund.org. 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 proposal(s). Sincerely yours, Patricia Chatsika Contracts Officer . Page 3 of 21
  • 4. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director SECTION A - STATEMENT OF WORK I. BACKGROUND 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 tuberculosis 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: www.theglobalfund.org. 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. II. TITLE Assessment of Global Fund Executive Director III. OBJECTIVE 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. Page 4 of 21
  • 5. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director V. DELIVERABLES 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 2008. VIII. LOGISTICAL SUPPORT The Contractor will be responsible for all logistical support. Page 5 of 21
  • 6. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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 available. Page 6 of 21
  • 7. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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. Page 7 of 21
  • 8. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director SECTION C – INSTRUCTIONS TO OFFERORS C.1 General 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 processes. 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 parties involved. 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. Page 8 of 21
  • 9. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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 solicitation. 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 performed. 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 candidate. Page 9 of 21
  • 10. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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 of work. 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 the following: 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 communication. The Schedule of Daily Rates should be in the following format provided below: Position/Title Area of Expertise Daily Fee Page 10 of 21
  • 11. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director Rate 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: http://www.who.int/bfi/PerDiem/pdindex.asp 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 estimate. Page 11 of 21
  • 12. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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 companies Page 12 of 21
  • 13. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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. D.2 CONFIDENTIALITY 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 accurately. 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 Page 13 of 21
  • 14. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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 applicable law. 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. D.5 TERMINATION 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 future. 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. Page 14 of 21
  • 15. RFP #HQ-GVA-08-036 Assessment of the Global Fund Executive Director 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). D.8 RESPONSIBILITY 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 ethical conduct. 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. D.10 SUB-CONTRACTING 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 Page 15 of 21
  • 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 reimbursement thereof. 12.2 All prices included in this Contract hereunder are net, and reflect all tax exemptions to which WHO/Global Fund is entitled. D.13 LANGUAGE 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. D.14 NOTICES 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 served: (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. Page 16 of 21
  • 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. Page 17 of 21
  • 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 Page 18 of 21
  • 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 former clients. 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 five years): 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 the Activity 7. Brief Description of Services: 8. Relevance of Activity/Assignment to the services Required under this Request for Proposals Page 19 of 21
  • 20. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director ATTACHMENT 2 - PROPOSAL SHEET RFP No. HQ-GVA-08-036 ASSESSMENT SERVICES Company name: _________________________________________________ Address: _____________________________________________________ _____________________________________________________ Contact person for this RFP: _________________________________________ Contact person’s e-mail: ____________________________________________ Contact person’s telephone: _________________________________________ Proposed Daily Rates: Position/Title Daily Fee Rate Proposed Price: Page 20 of 21
  • 21. RFP #HQ-GVA-08-036 Performance Evaluation of the Global Fund Executive Director ATTACHMENT 3 - OTHER STATEMENTS OF OFFEROR 1. GENERAL INFORMATION Name: Address: Telephone No: Facsimile No: Email address: 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. Name: Title: Telephone No: Facsimile No: Email Address: 3. TYPE OF ORGANIZATION The Offeror, by checking the applicable box, represents that it operates as [ ] a corporation organized under the laws of ________________________ (country); [ ] 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. CERTIFICATION I certify that the above information is true and correct. Name: _______________________________ Title: _______________________ Signature:______________________________ Date:_______________________ Page 21 of 21

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