Date: 10 June 2018

To: All Bidders From: Chief, Central Support Services Division (CSSD)

Subject: Invitation to Bid: ITB/UNRWA/CPS/ST/02/2018- Inspection Services for Basic Commodities

1. You are invited to the bid for the provision of Inspection Services for Basic Commodities. The invitation includes the following documents:

This Letter covers:  Annex A: Instructions to Bidders  Annex B: General Conditions of Contract  Annex C: Long Term Agreement Template  Annex D: Term Of References (TOR) And its Annexes (Annex 1 & 2)  Annex E: Financial Proposal Format  Annex F: Technical Proposal Format  Annex F-1: List of Offices, Representatives, and/or Sub-Contractors  Annex F-2: List Of Certified Laboratories For Analysis Of Samples  Annex F-3: Business Information  Annex G: Key Performance Indicators (KPI)  Annex H: Acknowledgment Letter  Annex I: Instructions on UNGM Registration and Bid Submission through In-Tend

2. This ITB has two envelopes: technical and the financial envelopes. Each envelope must have the related documents. The technical envelope (proposal) is evaluated first and independently from the financial envelope (proposal). Only proposals meeting the mandatory requirements as described in Annex F will be considered further for the next evaluation stage and their financial envelope (proposal) will be opened. The financial envelope (proposal) for unsuccessful technical proposal will remain unopened.

3. The evaluation will be based on the criteria of Lowest priced most substantially conforming to requirements.

4. UNRWA intends to establish Long Term Agreements (LTA) with successful bidder/s for an initial period of 3 years with the possibility of additional extension of 1+1 year.

5. The Proposals to be sent in accordance with Section 1 of the ITB Instructions (Annex A) duly signed and stamped by your company before the closure date of Bid 12:00 noon Amman local time, Thursday, 28 June 2018.

6. All Bids are to be submitted through In-Tend via United Nations Global Marketplace (UNGM).

Please note bids received outside of In-Tend, will be rejected and not considered for evaluation.

Note: The Acknowledgment Letter (Annex H) is to be filled in and sent back by 14 June 2018 through In-Tend via UNGM using the “Correspondence” function. Communications to and from vendors is an important means of managing the UNRWA supplier database. Vendors are encouraged to respond to ITBs even if they do not intend to bid to ensure that they can be included in future solicitations.

7. If you are not registered on UNGM yet, you are kindly requested to register your company to Level 1 as a minimum requirement for this ITB via the following link: https://www.ungm.org/Vendor/Registration.

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ANNEX A INSTRUCTIONS TO BIDDERS

The UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST (UNRWA) will receive and consider Proposals in response to official Request for Proposal subject to the conditions detailed hereunder.

1. SUBMISSION OF PROPOSALS The offers will be technically evaluated based Bids must be submitted on the attached Bid on the requirements provided in Annex F Form and sent as follows: (Technical Evaluation Criteria). Only vendors who submit the required Through In Tend via UNGM mandatory documentation and certification will Attn: Chairperson, Tender Opening Committee be considered qualified. Qualified vendors will be considered for financial evaluation. CONFIDENTIAL ITB No.Invitation to Bid ITB# ITB/UNRWA/CPS/ST/02/2018 b) Financial Evaluation Inspection Services for Basic Commodities For the purpose of this ITB and based on the provided costs per unit of measurement and Closing Date and Time: 28 June 2018 12:00 minimum quantity cost, offers will be evaluated noon Amman Local Time on the following basis: - Costs per estimated yearly quantities Note: For queries, please see Section 19 procured by UNRWA (Tonne/LT/Can) below. - Cost per estimated minimum quantity procured by UNRWA (Tonne/LT/Can) Please remember that the Technical and - Lead Time for Inspection Financial proposals MUST BE Sent THROUGH The Designated Envelopes Note that UNRWA reserves the right to split the through UNGM. award to different Inspection Services Companies where economically possible and The Technical Proposal should not contain any based on the interest of UNRWA. pricing information. The Financial Proposal should also just contain the Pricing Information. 4. THE TECHNICAL PROPOSAL

Timing and Delivery of Bids. Contents Bids must be received before the indicated time and date of Tender Closure (see cover letter) Envelope A (Technical Proposal) of your as set forth above. proposal must include the mandatory

Bidders are solely responsible for ensuring that information as outlined in Annex F. the full Bid is received by UNRWA in accordance with Tender requirements, prior to Vendors who submit all mandatory the specified date and time specified in the documentation as described in Annex F will Tender. be considered for further evaluation and their financial proposals will be opened. Bidders understand and agree that UNRWA will consider only those portions of the Bid received No Prices prior to the closing time specified and page or Bidders must not mention prices and costs in pages received after that time will not be Envelope A (Technical Proposal). considered. Videoconference/Presentation 2. SUBMISSION OF SAMPLES During the evaluation process, UNRWA may request the bidder(s) to attend a Not Applicable Videoconference for the purpose of seeking further clarification and/or verification of their 3. Evaluation Criteria proposals which will be used to as qualitative The evaluation criterion is divided into two parts reference points by UNRWA in the as follows: deliberations and decision making for recommendations for award. The a) Technical Evaluation Videoconference/Presentation will not be scored.

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Signature The technical part of the proposal must be 7. ACCEPTANCE signed by a duly authorized representative of UNRWA reserves the right, at its sole the bidder. All erasures, amendments, or discretion, to consider as invalid or alterations must be initialled by the signatory to unacceptable any proposal which is: (a) not the proposal. clear; (b) incomplete in any material detail, (c) received after the deadline, (d) not properly 5. THE FINANCIAL PROPOSAL marked or addressed, (e) delivered to another location than the one required herein, (f) Contents unsolicited, or (g) not otherwise in compliance Envelope B (Financial Proposal) of your with this ITB. UNRWA also reserves the right proposal must be in the format set forth in to split an award between any Bidders in any Annex E (Financial Proposal Format). All costs combination, as it deems appropriate. If the associated with the assignment must be proposal is submitted on an “all or none” basis, provided with as much detail as possible. it should clearly state so.

Currency 8. AWARD OF CONTRACTS The currency of the proposal is preferably in US This ITB does not commit UNRWA to award a Dollars. However, if other currencies are used, contract or to pay any costs incurred in the they should be clearly indicated e.g. Swedish preparation or submission of proposals, or Kroner, Euro, etc. UNRWA will apply the costs incurred in making necessary studies for prevailing exchange rate within the UN system the preparation thereof, or to procure or as published by the UN treasury Department at: contract for services or goods. Any proposal http://treasury.un.org/operationalrates/Operatio submitted will be regarded as an offer made by nalRates.aspx the bidder and not as an acceptance by the for the purposes of price comparison and at bidder of an offer made by UNRWA. No time of payment to convert between such contractual relationship will exist except currencies. pursuant to a written contract document signed a duly authorized official of UNRWA and by the Local Tax successful bidder. The successful bidder may be subject to local taxes (e.g., value added or sales tax, social UNRWA may award contracts for part charges or income taxes on non-resident quantities or individual items. UNRWA will foreign personnel, duties, fees, levies, etc.) on notify successful bidders of its decision with amounts payable by UNRWA under the respect to their proposals as soon as possible contract with the bidder. The Client will state in after the proposals are opened. UNRWA the Data Sheet if the Consultant is subject to reserves the right to cancel any ITB, to reject payment of any local taxes. Any such tax any or all proposals in whole or in part, and to amounts shall not be included in the Financial award any contract without disclosing the Proposal as they will not be evaluated, but they reason or reasons. will be discussed at contract negotiations, and applicable amounts will be included in the Suppliers who do not comply with the Contract. contractual terms and conditions including delivering different products and products of Signature different origin than stipulated in their offer may The financial part of the proposal must be be excluded from future tenders. signed by a duly authorized representative of the bidder. All erasures, amendments, or 9. PAYMENT alterations must be initialled by the signatory to The financial rules and regulations of UNRWA the proposal. preclude advance payments or payment by letters of credit. Such provisions in a proposal 6. VALIDITY PERIOD will be prejudicial to its evaluation by UNRWA. Your proposal shall remain valid for a minimum The normal terms of payment by UNRWA are period of 90 days from the tender due date, 30 to 45 days (or similarly discounted payment during which period a purchase order or terms if offered by Bidders) upon satisfactory contract, if placed, will be accepted by you. In delivery of goods or performance of services the event that a supplier is in a position to and acceptance thereof by the UNRWA. extend the validity of his offer for a period Bidders must therefore clearly specify in their beyond the required minimum, this should be proposals the payment terms being offered. stated in the proposal.

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10. PERFORMANCE BOND (BANK have been obtained through a competitive GUARANTEE) AND LIQUIDATED process. DAMAGES In addition to any other remedies available to it, Bank Guarantees UNRWA may, at its sole discretion, immediately UNRWA may request a Bank Guarantee from reject any proposal submitted by a bidder that, the successful bidder to be submitted according in UNRWA’s sole opinion, has engaged in any to GENERAL CONDITIONS OF CONTRACT, collusive bidding, other anti-competitive para 25. conduct, or any other similar conduct with any other bidder, person or entity in relation to the 11. CONFIDENTIALITY preparation or lodgement of proposals, whether This ITB or any part hereof, and all copies in respect of this ITB or procurement process, hereof must be returned to UNRWA upon or any other procurement process being request. It is understood that this ITB is conducted by UNRWA in respect of any of its confidential and proprietary to UNRWA, requirements. contains privileged information, part of which may be copyrighted, and is communicated to 13. IMPROPER ASSISTANCE and received by bidders on the condition that no Proposals that, in the sole opinion of UNRWA, part thereof, or any information concerning it have been compiled: may be copied, exhibited, or furnished to others without the prior written consent of UNRWA, - with the assistance of current or former except that bidders may exhibit the employees of UNRWA, or current or former specifications to prospective subcontractors for contractors of UNRWA in violation of the sole purpose of obtaining offers from confidentiality obligations or by using them. Notwithstanding the other provisions of information not otherwise available to the the ITB, bidders will be bound by the contents general public or which would provide a non- of this paragraph whether or not their company competitive benefit, submits a proposal or responds in any other - with the utilization of confidential and/or way to this ITB. internal UNRWA information not made available to the public or to the other bidders, 12. COLLUSIVE BIDDING AND ANTI- - in breach of an obligation of confidentiality to COMPETITIVE CONDUCT UNRWA, or Bidders and their employees, officers, advisers, - contrary to these terms and conditions for agent or subcontractors must not engage in any submission of a proposal, shall be excluded collusive bidding or other anti-competitive from further consideration. conduct, or any other similar conduct, in relation to: Without limiting the operation of the above clause, a bidder must not, in the absence of - the preparation or submission of proposals, prior written approval from UNRWA, permit a - the clarification of proposals, and person to contribute to, or participate in, any - the conduct and content of process relating to the preparation of a proposal negotiations, including final contract or the procurement process, if the person: negotiations, - at any time during the 6 months immediately in respect of this ITB or procurement process, preceding the date of issue of this ITB was an or any other procurement process being official, agent, servant or employee of, or conducted by UNRWA in respect of any of its otherwise engaged by, UNRWA, requirements. - at any time during the 12 months immediately preceding the date of issue of this ITB was an For the purpose of this clause, collusive employee of UNRWA personally engaged, bidding, other anti-competitive conduct, or any directly or indirectly, in the planning or other similar conduct may include, among other performance of the requirement, project or things, the disclosure to, exchange or activity to which this ITB relates, or clarification with, any other bidder, person or - at any time, was an employee of UNRWA entity, of information (in any form), whether or involved, directly or indirectly, in the preparation not such information is commercial information of this ITB including any earlier versions or the confidential to UNRWA, any other bidder, management of this procurement process. person or entity in order to alter the results of a solicitation exercise in such a way that would 14. CORRUPT PRACTICES lead to an outcome other than that which would

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All UNRWA vendors shall adhere to the highest ethical standards, both during the procurement A bidder may modify its proposal prior to the process and throughout the performance of a tender closure. Any such modification shall be contract. submitted through UNGM. No modification shall be allowed after tender closure. 15. CONFLICT OF INTEREST A bidder must not, and must ensure that its 17. LATE BIDS employees, officers, advisers, agents or All bids received after the tender closure will subcontractors do not, place themselves in a be rejected except if the delay is determined position that may, or does, give rise to an by UNRWA to have been due to a valid actual, potential or perceived conflict of interest ground. However, any bid received after the between the interests of UNRWA and the start of the bid opening shall be rejected bidder’s interests during the procurement without exception. process. 18. GLOBAL COMPACT/UN SUPPLIER If during any stage of the procurement process CODE OF CONDUCT or performance of any UNRWA contract a UNRWA strongly encourages all vendors to conflict of interest arises, or appears likely to actively participate in the United Nations Global arise, the bidder must notify UNRWA Compact and to adhere to the United Nations immediately in writing, setting out all relevant Supplier Code of Conduct. Please see Annex details of the situation, including those cases in H. which the interests of the bidder conflict with the interests of UNRWA, or cases in which any 19. GENERAL CONDITIONS OF UNRWA official, employee or person under CONTRACT contract with UNRWA may have, or appear to Attached as Annex B are UNRWA’s General have, an interest of any kind in the bidder’s Conditions of Contract which shall apply to any business or any kind of economic ties with the contract awarded in respect of this ITB. bidder. The bidder must take steps as UNRWA may reasonably require resolving or otherwise Bidders are requested in their proposal to dealing with the conflict to the satisfaction of explicitly confirm acceptance of and UNRWA. compliance with UNRWA’s General Conditions of Contract. 16. WITHDRAWAL / MODIFICATION OF PROPOSALS 20. QUERIES ABOUT THIS ITB Requests to withdraw a proposal shall not be For queries on this ITB please contact the honoured. If the selected Vendor withdraws its Central Support Services Division, UNRWA proposal, UNRWA shall duly register the said Headquarters Amman in writing through In-tend proposal and shall evaluate it alongside all via UNGM using the “Correspondence” other received proposals. Withdrawal of a function. On the subject line, please indicate the proposal may result in your suspension or ITB number. removal from the roster of UNRWA-registered vendors.

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ANNEX B GENERAL CONDITIONS OF CONTRACT FOR THE PROVISION OF SERVICES ONLY

4. RESPONSIBILITY FOR EMPLOYEES: To 1. EFFECTIVE DATE: This Contract shall the extent that the Contract involves the be effective when signed by the Parties. The provision of any services to UNRWA by the Contract constitutes a contract between the Contractor’s officials, employees, agents, Parties, the rights and obligations of which shall servants, subcontractors and other be governed solely by the terms and conditions representatives (collectively, the Contractor’s of the Contract, including these General “personnel”), the following provisions shall Conditions. apply: 4.1 The services shall be delivered in a 2. LEGAL STATUS OF THE PARTIES: professional and workmanlike manner in UNRWA and the Contractor shall also each be accordance with the terms and conditions of referred to as a “Party” hereunder, and: this Contract. The Contractor shall conduct its 2.1 Pursuant, inter alia, to the Charter of the operations with due diligence and efficiency, in United Nations and the Convention on the accordance with sound technical, financial and Privileges and Immunities of the United managerial standards and practices. Nations, the United Nations, including its 4.2 The Contractor shall be responsible for the subsidiary organs (including UNRWA) has full professional and technical competence of the juridical personality and enjoys such privileges personnel it assigns to perform work under the and immunities as are necessary for the Contract and will select reliable and competent independent fulfillment of its purposes. individuals who will be able to effectively 2.2 The Contractor shall have the legal status perform the obligations under the Contract and of an independent contractor vis-à-vis UNRWA, who, while doing so, will respect the local laws and nothing contained in or relating to the and customs and conform to a high standard of Contract shall be construed as establishing or moral and ethical conduct. creating between the Parties the relationship of 4.3 Such Contractor personnel shall be employer and employee or of principal and professionally qualified and, if required to work agent. The officials, representatives, with officials or staff of UNRWA, shall be able employees, or subcontractors of each of the to do so effectively. The qualifications of any Parties shall not be considered in any respect personnel whom the Contractor may assign or as being the employees or agents of the other may propose to assign to perform any Party, and each Party shall be solely obligations under the Contract shall be responsible for all claims arising out of or substantially the same, or better, as the relating to its engagement of such persons or qualifications of any personnel originally entities. proposed by the Contractor. 4.4 At the option of and in the sole discretion of 3. SOURCE OF INSTRUCTIONS: The UNRWA: Contractor shall neither seek nor accept 4.4.1 the qualifications of personnel proposed instructions from any authority external to by the Contractor (e.g., a curriculum vitae) may UNRWA in connection with the performance of be reviewed by UNRWA prior to such its obligations under the Contract. Should any personnel’s performing any obligations under authority external to UNRWA seek to impose the Contract; any instructions concerning or restrictions on 4.4.2 any personnel proposed by the Contractor the Contractor’s performance under the to perform obligations under the Contract may Contract, the Contractor shall promptly notify be interviewed by qualified staff or officials of UNRWA and provide all reasonable assistance UNRWA prior to such personnel’s performing required by UNRWA. The Contractor shall not any obligations under the Contract; and, take any action in respect of the performance of 4.4.3 in cases in which, pursuant to Article 4.4.1 its obligations under the Contract that may or 4.4.2, above, UNRWA has reviewed the qualifications of such Contractor’s personnel, UNRWA may reasonably refuse to accept any such personnel. adversely affect the interests of UNRWA, and 4.5 Requirements specified in the Contract the Contractor shall perform its obligations regarding the number or qualifications of the under the Contract with the fullest regard to the Contractor’s personnel may change during the interests of UNRWA. course of performance of the Contract. Any such change shall be made only following

Page 7 of 77 written notice of such proposed change and 4.7.2 when within UNRWA premises or on upon written agreement between the Parties UNRWA property, display such identification as regarding such change, subject to the following: may be approved and furnished by UNRWA 4.5.1 UNRWA may, at any time, request, in security officials, and that upon the withdrawal writing, the withdrawal or replacement of any of or replacement of any such personnel or upon the Contractor’s personnel, and such request termination or completion of the Contract, such shall not be unreasonably refused by the personnel shall immediately return any such Contractor. identification to UNRWA for cancellation. 4.5.2 Any of the Contractor’s personnel 4.8 Not less than one working day after assigned to perform obligations under the learning that any of Contractor’s personnel who Contract shall not be withdrawn or replaced have access to any UNRWA premises have without the prior written consent of UNRWA, been charged by law enforcement authorities which shall not be unreasonably withheld. with an offense other than a minor traffic 4.5.3 The withdrawal or replacement of the offense, the Contractor shall provide written Contractor’s personnel shall be carried out as notice to inform UNRWA about the particulars quickly as possible and in a manner that will not of the charges then known and shall continue adversely affect the performance of obligations to inform UNRWA concerning all substantial under the Contract. developments regarding the disposition of such 4.5.4 All expenses related to the withdrawal or charges. replacement of the Contractor’s personnel 4.9 All operations of the Contractor, including shall, in all cases, be borne exclusively by the without limitation, storage of equipment, Contractor. materials, supplies and parts, within UNRWA 4.5.5 Any request by UNRWA for the premises or on UNRWA property shall be withdrawal or replacement of the Contractor’s confined to areas authorized or approved by personnel shall not be considered to be a UNRWA. The Contractor’s personnel shall not termination, in whole or in part, of the Contract, enter or pass through and shall not store or and UNRWA shall not bear any liability in dispose of any of its equipment or materials in respect of such withdrawn or replaced any areas within UNRWA premises or on personnel. UNRWA property without appropriate 4.5.6 If a request for the withdrawal or authorization from UNRWA. replacement of the Contractor’s personnel is notbased upon a default by or failure on the part 5. ASSIGNMENT; SUBCONTRACTING: of the Contractor to perform its obligations in 5.1 Except as provided in Article 5.2, below, the accordance with the Contract, the misconduct Contractor may not assign, transfer, pledge, of the personnel, or the inability of such subcontract or make any other disposition of personnel to reasonably work together with the Contract, of any part of the Contract, or of UNRWA officials and staff, then the Contractor any of the rights, claims or obligations under the shall not be liable by reason of any such Contract except with the prior written request for the withdrawal or replacement of the authorization of UNRWA. Any such Contractor’s personnel for any delay in the unauthorized assignment, transfer, pledge, performance by the Contractor of its obligations subcontracting or other disposition, or any under the Contract that is substantially the attempt to do so, shall not be binding on result of such personnel’s being withdrawn or UNRWA. Except as permitted with respect to replaced. any approved subcontractors, the Contractor 4.6 Nothing in Articles 4.3, 4.4 and 4.5, above, shall not delegate any of its obligations under shall be construed to create any obligations on the Contract, except with the prior written the part of UNRWA with respect to the consent of UNRWA. Any such unauthorized Contractor’s personnel assigned to perform delegation, or attempt to do so, shall not be work under the Contract, and such personnel binding on UNRWA. shall remain the sole responsibility of the Contractor. 5.2 The Contractor may assign or otherwise 4.7 The Contractor shall be responsible for transfer the Contract to the surviving entity requiring that all personnel assigned by it to resulting from a reorganization of the perform any obligations under the Contract and Contractor’s operations, provided that: who may have access to any premises or other 5.2.1 such reorganization is not the result of any property of UNRWA shall: bankruptcy, receivership or other similar 4.7.1 undergo or comply with security screening proceedings; and, requirements made known to the Contractor by 5.2.2 such reorganization arises from a sale, UNRWA, including but not limited to, a review merger, or acquisition of all or substantially all of any criminal history;

Page 8 of 77 of the Contractor’s assets or ownership any matter relating thereto, for which only interests; and, UNRWA itself is authorized to assert and 5.2.3 the Contractor promptly notifies UNRWA maintain. UNRWA shall have the right, at its about such assignment or transfer at the own expense, to be represented in any such earliest opportunity; and, suit, proceeding, claim or demand by 5.2.4 the assignee or transferee agrees in independent counsel of its own choosing. writing to be bound by all of the terms and 6.4 In the event the use by UNRWA of any conditions of the Contract, and such writing is goods, property or services provided or promptly provided to UNRWA following the licensed to UNRWA by the Contractor, in whole assignment or transfer. or in part, in any suit or proceeding, is for any reason enjoined, temporarily or permanently, or is found to infringe any patent, copyright, 6. INDEMNIFICATION: trademark or other intellectual property right, or 6.1 The Contractor shall indemnify, defend, and in the event of a settlement, is enjoined, limited hold and save harmless, UNRWA, and its or otherwise interfered with, then the officials, agents and employees, from and Contractor, at its sole cost and expense, shall, against all suits, proceedings, claims, promptly, either: demands, losses and liability of any kind or 6.4.1 procure for UNRWA the unrestricted right nature brought by any third party against to continue using such goods or services UNRWA, including, but not limited to, all provided to UNRWA; or, litigation costs and expenses, attorney’s fees, 6.4.2 replace or modify the goods or services settlement payments and damages, based on, provided to UNRWA, or part thereof, with the arising from, or relating to: equivalent or better goods or services, or part 6.1.1 allegations or claims that the possession thereof, that is non-infringing; or, of or use by UNRWA of any patented device, 6.4.3 refund to UNRWA the full price paid by any copyrighted material, or any other goods, UNRWA for the right to have or use such property or services provided or licensed to goods, property or services, or part thereof. UNRWA under the terms of the Contract, in whole or in part, separately or in a combination 7. INSURANCE AND LIABILITY: contemplated by the Contractor’s published 7.1 The Contractor shall pay UNRWA promptly specifications therefor, or otherwise specifically for all loss, destruction, or damage to the approved by the Contractor, constitutes an property of UNRWA caused by the Contractor’s infringement of any patent, copyright, personnel or by any of its subcontractors or trademark, or other intellectual property right of anyone else directly or indirectly employed by any third party; or, the Contractor or any of its subcontractors in 6.1.2 any acts or omissions of the Contractor, the performance of the Contract. or of any subcontractor or anyone directly or 7.2 Unless otherwise provided in the Contract, indirectly employed by them in the performance prior to commencement of performance of any of the Contract, which give rise to legal liability other obligations under the Contract, and to anyone not a party to the Contract, including, subject to any limits set forth in the Contract, the without limitation, claims and liability in the Contractor shall take out and shall maintain for nature of a claim for workers’ compensation. the entire term of the Contract, for any 6.2 In addition to the indemnity obligations set extension thereof, and for a period following forth in this Article 6, the Contractor shall be any termination of the Contract reasonably obligated, at its sole expense, to defend adequate to deal with losses: UNRWA and its officials, agents and 7.2.1 insurance against all risks in respect of its employees, pursuant to this Article 6, property and any equipment used for the regardless of whether the suits, proceedings, performance of the Contract; and, claims and demands in question actually give 7.2.2 workers’ compensation insurance, or its rise to or otherwise result in any loss or liability. equivalent, or employer’s liability insurance, or 6.3 UNRWA shall advise the Contractor about its equivalent, with respect to the Contractor’s any such suits, proceedings, claims, demands, personnel sufficient to cover all claims for injury, losses or liability within a reasonable period of death and disability, or any other benefits time after having received actual notice thereof. required to be paid by law, in connection with The Contractor shall have sole control of the the performance of the Contract; and, defense of any such suit, proceeding, claim or 7.2.3 liability insurance in an adequate amount demand and of all negotiations in connection to cover all claims, including, but not limited to, with the settlement or compromise thereof, claims for death and bodily injury, products and except with respect to the assertion or defense completed operations liability, loss of or of the privileges and immunities of UNRWA or damage to property, and personal and

Page 9 of 77 advertising injury, arising from or in connection shall provide UNRWA with evidence, in the with the Contractor’s performance under the form of certificate of insurance or such other Contract, including, but not limited to, liability form as UNRWA may reasonably require, that arising out of or in connection with the acts or demonstrates that the Contractor has taken out omissions of the Contractor, its personnel, insurance in accordance with the requirements agents, or invitees, or the use, during the of the Contract. UNRWA reserves the right, performance of the Contract, of any vehicles, upon written notice to the Contractor, to obtain boats, airplanes or other transportation vehicles copies of any insurance policies or insurance and equipment, whether or not owned by the program descriptions required to be maintained Contractor; and, by the Contractor under the Contract. 7.2.4 such other insurance as may be agreed Notwithstanding the provisions of Article 7.5.3, upon in writing between UNRWA and the above, the Contractor shall promptly notify Contractor. UNRWA concerning any cancellation or 7.3 The Contractor’s liability policies shall also material change of insurance coverage cover subcontractors and all defense costs and required under the Contract. shall contain a standard “cross liability” clause. 7.4 The Contractor acknowledges and agrees 7.8 The Contractor acknowledges and agrees that UNRWA accepts no responsibility for that neither the requirement for taking out and providing life, health, accident, travel or any maintaining insurance as set forth in the other insurance coverage which may be Contract nor the amount of any such insurance, necessary or desirable in respect of any including, but not limited to, any deductible or personnel performing services for the retention relating thereto, shall in any way be Contractor in connection with the Contract. construed as limiting the Contractor’s liability 7.5 Except for the workers’ compensation arising under or relating to the Contract. insurance or any self-insurance program maintained by the Contractor and approved by 8. ENCUMBRANCES AND LIENS: The UNRWA, in its sole discretion, for purposes of Contractor shall not cause or permit any lien, fulfilling the Contractor’s requirements for attachment or other encumbrance by any providing insurance under the Contract, the person to be placed on file or to remain on file insurance policies required under the Contract in any public office or on file with UNRWA shall: against any monies due to the Contractor or 7.5.1 name UNRWA as an additional insured that may become due for any work done or under the liability policies, including, if required, against any goods supplied or materials as a separate endorsement under the policy; furnished under the Contract, or by reason of and, any other claim or demand against the 7.5.2 include a waiver of subrogation of the Contractor or UNRWA. Contractor’s insurance carrier’s rights against UNRWA; and, 9. EQUIPMENT FURNISHED BY UNRWA TO 7.5.3 provide that UNRWA shall receive written THE CONTRACTOR: Title to any equipment notice from the Contractor’s insurance carrier and supplies that may be furnished by UNRWA not less than thirty (30) days prior to any to the Contractor for the performance of any cancellation or material change of coverage; obligations under the Contract shall rest with and, UNRWA, and any such equipment shall be 7.5.4 include a provision for response on a returned to UNRWA at the conclusion of the primary and non-contributing basis with respect Contract or when no longer needed by the to any other insurance that may be available to Contractor. Such equipment, when returned to UNRWA. UNRWA, shall be in the same condition as 7.6 The Contractor shall be responsible to fund when delivered to the Contractor, subject to all amounts within any policy deductible or normal wear and tear, and the Contractor shall retention. be liable to compensate UNRWA for the actual 7.7 Except for any self-insurance program costs of any loss of, damage to, or degradation maintained by the Contractor and approved by of the equipment that is beyond normal wear UNRWA for purposes of fulfilling the and tear. Contractor’s requirements for maintaining insurance under the Contract, the Contractor 10. COPYRIGHT, PATENTS AND OTHER shall maintain the insurance taken out under PROPRIETARY RIGHTS: the Contract with reputable insurers that are in 10.1 Except as is otherwise expressly good financial standing and that are acceptable provided in writing in the Contract, all right, title to UNRWA. Prior to the commencement of any and interest, including copyrights, in all works obligations under the Contract, the Contractor and other materials, whether in written or

Page 10 of 77 electronic form and including all derivative disclosed by one Party (“Discloser”) to the other works thereof, produced in the performance of Party (“Recipient”) during the course of this Contract shall be vested exclusively in, and performance of the Contract, and that is the Contractor shall without further designated as confidential (“Information”), shall consideration assign, whether as works for hire be held in confidence by that Party and shall be or otherwise, the same to, UNRWA. handled as follows: 10.2 To the extent that any such intellectual 12.1 The recipient (“Recipient”) of such property or other proprietary rights consist of Information shall: any intellectual property or other proprietary 12.1.1 use the same care and discretion to rights of the Contractor: (i) that pre-existed the avoid disclosure, publication or dissemination performance by the Contractor of its obligations of the Discloser’s Information as it uses with its under the Contract, or (ii) that the Contractor own similar Information that it does not wish to may develop or acquire, or may have disclose, publish or disseminate; and, developed or acquired, independently of the 12.1.2 use the Discloser’s Information solely performance of its obligations under the for the purpose for which it was disclosed. Contract, UNRWA does not and shall not claim 12.2 The Contractor may disclose Information any ownership interest thereto, and the to the extent required by law, provided that, Contractor grants to UNRWA a perpetual subject to and without any waiver of the license to use such intellectual property or other privileges and immunities of UNRWA, the proprietary right solely for the purposes of and Contractor will give UNRWA sufficient prior in accordance with the requirements of the notice of a request for the disclosure of Contract. Information in order to allow UNRWA to have a reasonable opportunity to take protective 10.3 At the request of UNRWA, the Contractor measures or such other action as may be shall take all necessary steps, execute all appropriate before any such disclosure is necessary documents and generally assist in made. securing such proprietary rights and 12.3 UNRWA may disclose Information to the transferring or licensing them to UNRWA in extent as required pursuant to the Charter of compliance with the requirements of the the United Nations, or pursuant to resolutions applicable law and of the Contract. or regulations of the General Assembly or rules 10.4 Subject to the foregoing provisions, all promulgated thereunder. maps, drawings, photographs, mosaics, plans, 12.4 The Recipient shall not be precluded from reports, estimates, recommendations, disclosing Information that is obtained by the documents, and all other data compiled by or Recipient from a third party without restriction, received by the Contractor under the Contract is disclosed by the Discloser to a third party shall be the property of UNRWA, shall be made without any obligation of confidentiality, is available for use or inspection by UNRWA at previously known by the Recipient, or at any reasonable times and in reasonable places, time is developed by the Recipient completely shall be treated as confidential, and shall be independently of any disclosures hereunder. delivered only to UNRWA authorized officials 12.5 These obligations and restrictions of on completion of work under the Contract. confidentiality shall be effective during the term of the Contract, including any extension thereof, 11. PUBLICITY, AND USE OF THE NAME, and, unless otherwise provided in the Contract, EMBLEM OR OFFICIAL SEAL OF THE shall remain effective following any termination UNITED NATIONS OR UNRWA: The of the Contract. Contractor shall not advertise or otherwise make public for purposes of commercial 13. FORCE MAJEURE; OTHER CHANGES IN advantage or goodwill that it has a contractual CONDITIONS: relationship with UNRWA, nor shall the 13.1 In the event of and as soon as possible Contractor, in any manner whatsoever use the after the occurrence of any cause constituting name, emblem or official seal of the United force majeure, the affected Party shall give Nations or UNRWA, or any abbreviation of the notice and full particulars in writing to the other name of the United Nations or UNRWA in Party, of such occurrence or cause if the connection with its business or otherwise affected Party is thereby rendered unable, without the written permission of UNRWA. wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The 12. CONFIDENTIAL NATURE OF affected Party shall also notify the other Party DOCUMENTS AND INFORMATION: of any other changes in condition or the Information and data that is considered occurrence of any event which interferes or proprietary by either Party or that is delivered or threatens to interfere with its performance of the

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Contract. Not more than fifteen (15) days Disputes,” below, shall not be deemed to be a following the provision of such notice of force “cause” for or otherwise to be in itself a majeure or other changes in condition or termination of the Contract. occurrence, the affected Party shall also submit 14.2 UNRWA may terminate the Contract at a statement to the other Party of estimated any time by providing written notice to the expenditures that will likely be incurred for the Contractor in any case in which the mandate of duration of the change in condition or the event UNRWA applicable to the performance of the of force majeure. On receipt of the notice or Contract or the funding of UNRWA applicable notices required hereunder, the Party not to the Contract is curtailed or terminated, affected by the occurrence of a cause whether in whole or in part. In addition, unless constituting force majeure shall take such otherwise provided by the Contract, upon sixty action as it reasonably considers to be (60) day’s advance written notice to the appropriate or necessary in the circumstances, Contractor, UNRWA may terminate the including the granting to the affected Party of a Contract without having to provide any reasonable extension of time in which to justification therefor. perform any obligations under the Contract. 14.3 In the event of any termination of the 13.2 If the Contractor is rendered unable, Contract, upon receipt of notice of termination wholly or in part, by reason of force majeure to that has been issued by UNRWA, the perform its obligations and meet its Contractor shall, except as may be directed by responsibilities under the Contract, UNRWA UNRWA in the notice of termination or shall have the right to suspend or terminate the otherwise in writing: Contract on the same terms and conditions as 14.3.1 take immediate steps to bring the are provided for in Article 14, “Termination,” performance of any obligations under the except that the period of notice shall be seven Contract to a close in a prompt and orderly (7) days instead of thirty (30) days. In any case, manner, and in doing so, reduce expenses to a UNRWA shall be entitled to consider the minimum; Contractor permanently unable to perform its 14.3.2 refrain from undertaking any further or obligations under the Contract in case the additional commitments under the Contract as Contractor is unable to perform its obligations, of and following the date of receipt of such wholly or in part, by reason of force majeure for notice; any period in excess of ninety (90) days. 14.3.3 place no further subcontracts or orders 13.3 Force majeure as used herein means any for materials, services, or facilities, except as unforeseeable and irresistible act of nature, any UNRWA and the Contractor agree in writing are act of war (whether declared or not), invasion, necessary to complete any portion of the revolution, insurrection, terrorism, or any other Contract that is not terminated; acts of a similar nature or force, provided that 14.3.4 terminate all subcontracts or orders to such acts arise from causes beyond the control the extent they relate to the portion of the and without the fault or negligence of the Contract terminated; Contractor. The Contractor acknowledges and 14.3.5 transfer title and deliver to UNRWA the agrees that, with respect to any obligations fabricated or unfabricated parts, work in under the Contract that the Contractor must process, completed work, supplies, and other perform in areas in which UNRWA is engaged material produced or acquired for the portion of in, preparing to engage in, or disengaging from the Contract terminated; any operations, any delays or failure to perform 14.3.6 deliver all completed or partially such obligations arising from or relating to completed plans, drawings, information, and harsh conditions within such areas, including other property that, if the Contract had been without limitation closures, strikes and curfews, completed, would be required to be furnished to or to any incidents of civil unrest occurring in UNRWA thereunder; such areas, shall not, in and of itself, constitute 14.3.7 complete performance of the work not force majeure under the Contract. terminated; and, 14.3.8 take any other action that may be 14. TERMINATION: necessary, or that UNRWA may direct in 14.1 UNRWA may terminate the Contract for writing, for the minimization of losses and for cause, in whole or in part, upon thirty (30) days’ the protection and preservation of any property, notice, in writing, to the Contractor. The whether tangible or intangible, related to the Contractor may terminate the Contract for Contract that is in the possession of the cause, in whole or in part, upon ninety (90) Contractor and in which UNRWA has or may be days’ notice, in writing to UNRWA. The initiation reasonably expected to acquire an interest. of conciliation or arbitral proceedings in 14.4 In the event of any termination of the accordance with Article 17 “Settlement of Contract, UNRWA shall be entitled to obtain

Page 12 of 77 reasonable written accountings from the be liable for all damages sustained by UNRWA, Contractor concerning all obligations performed and UNRWA may, after giving the Contractor or pending in accordance with the Contract. In reasonable notice to perform and without addition, UNRWA shall not be liable to pay the prejudice to any other rights or remedies, Contractor except for, but without prejudice to exercise one or more of the following rights: UNRWA’s rights under Article 15, those goods 15.1.1 procure all or part of the service or delivered and services provided to UNRWA in related goods from other sources; accordance with the requirements of the 15.1.2 refuse to accept delivery of all or part of Contract, but only if such goods or services the services or related goods; or were ordered, requested or otherwise provided 15.1.3 terminate the Contract in accordance prior to the Contractor’s receipt of notice of with Article 14.1, termination from UNRWA or prior to the and the Contractor shall be liable by reason of Contractor’s tendering of notice of termination default for any loss or damage sustained and to UNRWA. additional costs incurred by UNRWA, including 14.5 UNRWA may, without prejudice to any without limitation any increase in the price other right or remedy available to it, terminate payable by UNRWA resulting from the the Contract forthwith in the event that: procurement of the services from other sources 14.5.1 the Contractor is adjudged bankrupt, or and the costs of engaging in such is liquidated, or becomes insolvent, or applies procurement. UNRWA may, without notice to for a moratorium or stay on any payment or the Contractor, apply to the payment of any repayment obligations, or applies to be such loss, damage or additional costs, by setoff declared insolvent; or otherwise, all credits, claims or other 14.5.2 the Contractor is granted a moratorium amounts, whether or not related to the Contract, or a stay, or is declared insolvent; at any time owing by UNRWA to the 14.5.3 the Contractor makes an assignment Contractor. for the benefit of one or more of its creditors; 15.2If the Contractor fails to complete the 14.5.4 a Receiver is appointed on account of services within the time for delivery specified in the insolvency of the Contractor; the Contract, UNRWA may, in its sole discretion 14.5.5 the Contractor offers a settlement in and without prejudice to its other remedies lieu of bankruptcy or receivership; or, under the Contract, deduct from the contract 14.5.6 UNRWA reasonably determines that price the amount set forth in the Contract for the Contractor has become subject to a each calendar day of delay until actual delivery materially adverse change in its financial which amount shall in no event be less than one condition that threatens to substantially affect percent of the [delivered price of the delayed the ability of the Contractor to perform any of its services], up to a maximum deduction of ten obligations under the Contract. percent of the contract price. 14.6 Except as prohibited by law, the 15.3 The failure by either Party to exercise any Contractor shall be bound to compensate rights available to it, whether under the Contract UNRWA for all damages and costs, including, or otherwise, shall not be deemed for any but not limited to, all costs incurred by UNRWA purposes to constitute a waiver by the other in any legal or non-legal proceedings, as a Party of any such right or any remedy result of any of the events specified in Article associated therewith, and shall not relieve the 14.5, above, and resulting from or relating to a Parties of any of their obligations under the termination of the Contract, even if the Contract. All remedies afforded in the Contract Contractor is adjudged bankrupt, or is granted shall be taken and construed as cumulative, a moratorium or stay or is declared insolvent. i.e., in addition to every other remedy provided The Contractor shall immediately inform under the Contract and by law. UNRWA of the occurrence of any of the events specified in Article 14.5, above, and shall 16. NON-EXCLUSIVITY: Unless otherwise provide UNRWA with any information pertinent specified in the Contract, UNRWA shall have no thereto. obligation to purchase any minimum quantities 14.7 The provisions of this Article 14 are of goods or services from the Contractor and without prejudice to any other rights or UNRWA shall have no limitation on its right to remedies of UNRWA under the Contract or obtain goods or services of the same kind, otherwise. quality and quantity described in the Contract, from any other source at any time. 15. REMEDIES OF UNRWA; NON-WAIVER OF RIGHTS: 17. SETTLEMENT OF DISPUTES: 15.1 In case the Contractor fails to comply with 17.1 AMICABLE SETTLEMENT: The Parties any term of the Contract, the Contractor shall shall use their best efforts to amicably settle any

Page 13 of 77 dispute, controversy, or claim arising out of the only. The Parties shall be bound by any Contract or the breach, termination, or invalidity arbitration award rendered as a result of such thereof. Where the Parties wish to seek arbitration as the final adjudication of any such assistance of a neutral third person in their dispute, controversy, or claim. attempt to reach an amicable settlement in a process of conciliation or mediation, such 18. PRIVILEGES AND IMMUNITIES: Nothing process shall take place in accordance with the in or relating to the Contract shall be deemed a Optional Conciliation Rules of the Permanent waiver, express or implied, of any of the Court of Arbitration in force at the date of privileges and immunities accorded to UNRWA commencement of conciliation or mediation, as in international law. the case may be, or according to such other procedure as may be agreed between the 19. TAX EXEMPTION: Parties in writing. 19.1 Article II, Section 7, of the Convention on 17.2 ARBITRATION: Any dispute, controversy, the Privileges and Immunities of the United or claim between the Parties arising out of or Nations provides, inter alia, that the United relating to the Contract or the breach, Nations, including its subsidiary organs termination, or invalidity thereof, unless settled (including UNRWA), is exempt from all direct amicably under Article 17.1 above within sixty taxes, except charges for public utility services, (60) days after receipt by one Party of the other and is exempt from customs restrictions, duties, Party’s written request for conciliation or and charges of a similar nature in respect of mediation, shall be settled by arbitration in articles imported or exported for its official use. accordance with the Permanent Court of In the event any governmental authority refuses Arbitration Optional Rules for Arbitration to recognize the exemptions of UNRWA from between International Organizations and such taxes, restrictions, duties, or charges, the Private Parties in force on the date of this Contractor shall immediately consult with Contract (the “PCA Arbitration Rules”). The UNRWA to determine a mutually acceptable decisions of the arbitral tribunal shall be based procedure. on general principles of international commercial law. The appointing authority shall 19.2 The Contractor authorizes UNRWA to be designated by the Secretary-General of the deduct from the Contractor’s invoices any Permanent Court of Arbitration following a amount representing such taxes, duties or written request submitted by either Party. The charges, unless the Contractor has consulted number of arbitrators shall be three, unless the with UNRWA before the payment thereof and Parties, in the interest of economy of UNRWA has, in each instance, specifically proceedings, agree that there shall be one authorized the Contractor to pay such taxes, arbitrator. The place of arbitration shall be duties, or charges under written protest. In that Amman, Jordan. The language to be used in event, the Contractor shall provide UNRWA the arbitral proceedings shall be English. The with written evidence that payment of such arbitrators must be fluent in that language. The taxes, duties or charges has been made and arbitral tribunal shall be empowered to take any appropriately authorized, and UNRWA shall measures it deems appropriate, including reimburse the Contractor for any such taxes, without limitation, ordering the return or duties, or charges so authorized by UNRWA destruction of goods or any property, whether and paid by the Contractor under written tangible or intangible, or of any confidential protest. information provided under the Contract, ordering the termination of the Contract, or 20. OBSERVANCE OF THE LAW: The ordering that any other protective measures be Contractor shall comply with all laws, taken with respect to the goods, services or any ordinances, rules, and regulations bearing other property, whether tangible or intangible, upon the performance of its obligations under or of any confidential information provided the Contract. In addition, the Contractor shall under the Contract, as appropriate, all in maintain compliance with all obligations relating accordance with the authority of the arbitral to its registration as a qualified vendor of goods tribunal pursuant to the PCA Arbitration Rules. or services to UNRWA; as such obligations are The arbitral tribunal shall have no authority to set forth in UNRWA vendor registration award punitive damages. In addition, unless procedures. otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to 21. MODIFICATIONS: award interest in excess of the London Inter- 21.1 Only the Chief, Procurement and Bank Offered Rate (“LIBOR”) then prevailing, Logistics Division, or, for local contracts, the and any such interest shall be simple interest Field Office Director in each of UNRWA’s fields

Page 14 of 77 of operation, or such other contracting authority Contractor shall provide its full and timely as UNRWA has made known to the Contractor cooperation with any such inspections, post- in writing, possesses the authority to agree on payment audits or investigations. Such behalf of UNRWA to any modification of or cooperation shall include, but shall not be change in the Contract, to a waiver of any of its limited to, the Contractor’s obligation to make provisions or to any additional contractual available its personnel and any relevant relationship of any kind with the Contractor. documentation for such purposes at Accordingly, no modification or change in the reasonable times and on reasonable conditions Contract shall be valid and enforceable against and to grant to UNRWA access to the UNRWA unless provided by a valid written Contractor’s premises at reasonable times and amendment to the Contract signed by the on reasonable conditions in connection with Contractor and the Chief, Procurement and such access to the Contractor’s personnel and Logistics Division, or the Field Office Director relevant documentation. The Contractor shall (for local contracts), or such other contracting require its agents, including, but not limited to, authority. the Contractor’s attorneys, accountants or 21.2 If the Contract shall be extended for other advisers, to reasonably cooperate with additional periods in accordance with the terms any inspections, post-payment audits or and conditions of the Contract, the terms and investigations carried out by UNRWA conditions applicable to any such extended hereunder. term of the Contract shall be the same terms and conditions as set forth in the Contract, 23. LIMITATION ON ACTIONS: unless the Parties shall have agreed otherwise 23.1 Except with respect to any pursuant to a valid amendment concluded in indemnification obligations in Article 6, above, accordance with Article 21.1 above. or as are otherwise set forth in the Contract, any 21.3 The terms or conditions of any arbitral proceedings in accordance with Article supplemental undertakings, licenses, or other 17.2, above, arising out of the Contract must be forms of agreement concerning any goods or commenced within three years after the cause services provided under the Contract shall not of action has accrued. be valid and enforceable against UNRWA nor 23.2 The Parties further acknowledge and in any way shall constitute an agreement by agree that, for these purposes, a cause of UNRWA thereto unless any such undertakings, action shall accrue when the breach actually licenses or other forms are the subject of a valid occurs, or, in the case of latent defects, when amendment concluded in accordance with the injured Party knew or should have known all Article 21.1, above. of the essential elements of the cause of action, or in the case of a breach of warranty, when 22. AUDITS AND INVESTIGATIONS: tender of delivery is made, except that, if a 22.1 Each invoice paid by UNRWA shall be warranty extends to future performance of the subject to a post-payment audit by auditors, goods or any process or system and the whether internal or external, of UNRWA or by discovery of the breach consequently must other authorized and qualified agents of await the time when such goods or other UNRWA at any time during the term of the process or system is ready to perform in Contract and for a period of two (2) years accordance with the requirements of the following the expiration or prior termination of Contract, the cause of action accrues when the Contract. UNRWA shall be entitled to a such time of future performance actually refund from the Contractor for any amounts begins. shown by such audits to have been paid by UNRWA other than in accordance with the 24. ADDITIONAL WARRANTIES: terms and conditions of the Contract. 24.1 The Contractor represents and warrants that: 22.2 The Contractor acknowledges and 24.1.1 it has not and shall not offer any direct or agrees that, from time to time, UNRWA may indirect benefit arising from or related to the conduct investigations relating to any aspect of performance of the Contract or the award the Contract or the award thereof, the thereof to any representative, official, obligations performed under the Contract, and employee, or other agent of UNRWA. the operations of the Contractor generally 24.1.2 neither it, its parent entities (if relating to performance of the Contract. The any), nor any of the Contractor’s subsidiary or right of UNRWA to conduct an investigation and affiliated entities (if any) is engaged in any the Contractor’s obligation to comply with such practice inconsistent with the rights set forth in an investigation shall not lapse upon expiration the Convention on the Rights of the Child, or prior termination of the Contract. The including Article 32 thereof, which, inter alia,

Page 15 of 77 requires that a child shall be protected from Suppression of the Financing of Terrorism, performing any work that is likely to be adopted by the General Assembly of the United hazardous or to interfere with the child’s Nations in Resolution 54/109 of 9 December education, or to be harmful to the child’s health 1999. or physical, mental, spiritual, moral, or social 24.2 The Contractor acknowledges and development. agrees that the provisions of Article 24.1 24.1.3 neither it, its parent entities (if constitute an essential term of the Contract and any), nor any of the Contractor’s subsidiaries or that breach of any such representation and affiliated entities (if any) is engaged in the sale warranty shall entitle UNRWA to terminate the or manufacture of anti-personnel mines or Contract immediately upon notice to the components utilized in the manufacture of anti- Contractor, without any liability for termination personnel mines. charges or any other liability of any kind. 24.1.4 it shall take all appropriate measures to prevent sexual exploitation or abuse of anyone 25. BANK GUARANTEE: If specifically by its employees or any other persons engaged requested by UNRWA, prior to the signature of and controlled by the Contractor to perform any the Contract, the Contractor shall provide a services under the Contract. For these banker’s guarantee from a bank acceptable to purposes, sexual activity with any person less UNRWA in the form, amount and manner than eighteen years of age, regardless of any prescribed by UNRWA. laws relating to consent, shall constitute the sexual exploitation and abuse of such person. 26. NOTICE AND OTHER FORMALITIES: In addition, the Contractor shall refrain from, 26.1 Service of any notice referred to in the and shall take all reasonable and appropriate Contract or arising therefrom shall be deemed measures to prohibit its employees or other to be valid if sent by registered mail, or by cable, persons engaged and controlled by it from or by hand against authorized signature on exchanging any money, goods, services, or receipt, to the address of the Party concerned other things of value, for sexual favors or as set forth in the Contract. activities, or from engaging any sexual activities 26.2 It is expressly agreed that UNRWA shall that are exploitive or degrading to any person. have the right to enforce these General UNRWA shall not apply the foregoing standard Conditions without the necessity of resorting to relating to age in any case in which the service of summons, mise en demeure, notarial Contractor’s personnel or any other person who notice, and without any legal formalities or court may be engaged by the Contractor to perform proceedings of any kind whatsoever; it is being any services under the Contract is married to further agreed that the notice provided for in the the person less than the age of eighteen years preceding paragraph is adequate for all with whom sexual activity has occurred and in purposes notwithstanding any provision of which such marriage is recognized as valid applicable law to the contrary. under the laws of the country of citizenship of such Contractor’s personnel or such other 27. SEVERABILITY: If any term, covenant, or person who may be engaged by the Contractor condition of this Contract or the application to perform any services under the Contract. thereof to any person or circumstance shall to 24.1.5 neither it, its parent entities (if any), nor any extent be determined to be invalid or any of the Contractor’s subsidiary, affiliated unenforceable, the remainder of this Contract, entities (if any) or suppliers is engaged in any or the application of such term, covenant or transactions with, and/or the provision of condition to persons or circumstances other resources and support to, individuals and than those as to which it is held invalid or organizations associated with, receiving any unenforceable, shall not be affected thereby type of training for, or engaged in, any act or and each term, covenant, or condition of this offense described in Article 2, Sections 1, 3, 4 Contract shall remain valid and be enforced to or 5 of the International Convention for the the fullest extent possible.

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Annex C UNRWA LONG TERM AGREEMENT NO. XXX This Long Term Agreement is made this [date], by and between the United Nations Relief and Works Agency for Palestine Refugees in the Near East (“UNRWA”) and [company name, address, contact information] (“the Contractor”).

Background

The purpose of the present arrangement is to assure the provision of [describe the Services] to UNRWA for [insert number of years] years. The Contractor, representing that it is fully qualified and has the necessary expertise and resources to effectively and efficiently provide the same, wishes to provide those services as set forth, and in accordance with the terms of this Long Term Agreement.

NOW, THEREFORE, in consideration of the premises, the representations and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION.

1.1. Defined Terms. In addition to terms elsewhere defined in this Long Term Agreement, the following terms shall have the meanings provided for the purpose of this Long Term Agreement:

1.1.1 “Service Contract” means each contract entered into under this Long Term Agreement in the form set forth in the attached Annex 3.

1.1.2 “Party” means each of, and “Parties” means collectively, UNRWA and the Contractor.

1.1.3 “Proposal” means the Contractor’s offer dated xxxxxxx and attached as Annex 4.

1.1.4 “Section” means the referenced section of this Long Term Agreement.

1.1.5 “Services” means the services and deliverables described in the Terms of Reference.

1.1.6 “Terms of Reference” or “ToR” means description of the Terms of Reference attached as Annex 2.

2. DURATION OF THIS AGREEMENT. The Long Term Agreement shall be effective on [date] and shall end on [date].

3. OBLIGATIONS OF THE CONTRACTOR. The Contractor, representing and warranting that all statements made in connection with its Proposal and as otherwise provided herein are true and correct in all material respects and do not fail to include any matter necessary to make the statements contained therein not misleading, covenants to deliver the Services, and provide all related personnel, materials and other support as may be necessary therefore, in accordance with this Long Term Agreement and each Service Contract.

3.1. Delivery of Services. The Contractor shall deliver the Services as set forth in the ToR and the following:

3.1.1. The Contractor shall commence the Services not later than [date]

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3.1.2. The Contractor shall deliver the Services in accordance with each Service Contract.

3.2. Changes in Condition. In the event of any advantageous technical changes and/or downward pricing of Services during the duration of this Agreement, the Contractor shall notify UNRWA immediately. UNRWA shall consider the impact of any such event and may request an amendment to the Long Term Agreement.

4. OBLIGATIONS OF UNRWA. In connection with the delivery of the Services by the Contractor in accordance with the terms of the Long Term Agreement:

4.1. Payment. In full consideration for the delivery of the Services in accordance with the terms of the Long Term Agreement and each Service Contract, UNRWA shall pay to the Contractor in accordance with the payment schedule set forth in each Service Contract; provided that the prices shall not exceed those set forth in the Proposal.

4.2 UNRWA shall have no obligation to purchase a minimum quantity of Services during the term of this Long Term Agreement.

5. MISCELLANEOUS.

5.1. General Conditions. General Conditions of Contract for the Provision of Services only, attached as Annex 1, shall apply to this Long Term Agreement, and each Service Contract.

5.2. Waiver. No waiver or waiver of any breach, of any provision of this Long Term Agreement shall be deemed to be a waiver of any other provision or of any future breach of that provision.

5.3. Notice. Any required or permitted notice, consent or approval shall be effective only upon delivery in writing by hand or by telefax transmission to the following address of the other or such other address as may be specified by similar notice –

UNRWA: the Contractor: CSSD-HQ, Amman x Bayader Wadi Seer- x PO Box:140157 x Amman 11814 Jordan x Tel: +96265808400 x Email: cssd@unrwa.org x

5.4. Applicable Law. This Long Term Agreement shall be governed by and construed in accordance with general principles of international commercial law. If any term, covenant, or condition of this Long Term Agreement or the application thereof to any person or circumstance shall to any extent be determined to be invalid or unenforceable, the remainder of this Long Term Agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Long Term Agreement shall remain valid and be enforced to the fullest extent possible.

5.5. Counterparts. This Long Term Agreement may be signed in one or more counterparts, each of which shall be deemed to be an original.

5.6. Entire Agreement. This Long Term Agreement and its annexes may be modified or amended only upon the written agreement of the parties, and this Long Term Agreement and its annexes, and the Service Contracts, as amended, represent the entire agreement and understanding between the parties with respect to the subject matter hereof.

IN WITNESS WHEREOF, the parties have signed this Long Term Agreement as of the date first above written.

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United Nations Relief and Works Agency for [Contractor name] Palestine Refugees in the Near East

[name] [name] [title] [title]

Witness Witness

[name] [name] [title] [title]

Annex 1: General Conditions Annex 2: Terms of Reference Annex 3: Form of Service Contract Annex 4: Proposal

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UNRWA SERVICE CONTRACT NO. XXX This Service Contract is made this [date], by and between the United Nations Relief and Works Agency for Palestine Refugees in the Near East (“UNRWA”) and [company name, address, contact information] (“the Contractor”).

Background

[Description of project background]. The purpose of the present arrangement is to assure the provision of technical services to UNRWA in relation to [which project activities]. The Contractor, representing that it is fully qualified and has the necessary expertise and resources to effectively and efficiently provide the same, wishes to provide those services as set forth, and in accordance with the terms of this Service Contract.

NOW, THEREFORE, in consideration of the premises, the representations and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND INTERPRETATION.

1.1. Defined Terms. In addition to terms elsewhere defined in this Service Contract, the following terms shall have the meanings provided for the purpose of this Service Contract:

1.1.7 “Delivery Schedule” means the schedule for the delivery of Services as set forth in attached Annex 3.

1.1.8 “General Conditions” means UNRWA’s General Conditions of Contract for Procurement of Services, attached as Annex 1.

1.1.9 “Party” means each of, and “Parties” means collectively, UNRWA and the Contractor.

1.1.10 “Payment Schedule” means the schedule of payments, corresponding to the delivery of Services, as set forth in attached Annex 3.

1.1.11 “Proposal” means the Contractor’s offer dated xxx and attached as Annex 4.

1.1.12 “Section” means the referenced section of this Service Contract.

1.1.13 “Services” means the services and deliverables described in the Terms of Reference.

1.1.14 “Terms of Reference” or “ToR” means description of the Terms of Reference attached as Annex 2.

3.2. Interpretation. As used in the Service Contract:

3.2.1. The documents referred to below are intended to be mutually explanatory; provided, however, in case of ambiguity, discrepancy or inconsistency among them, the following order of priority shall apply except to the extent a term contained in a higher- listed document is specifically superseded by the express terms of a lower-listed document:

3.2.1.1. This Service Contract, but excluding the General Conditions, Terms of Reference and Proposal. 3.2.1.2. The Terms of Reference. 3.2.1.3. The General Conditions.

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3.2.1.4. The Proposal.

3.2.2. The numbers and titles of the Sections are for reference only and shall not be deemed to modify or construe the contents of the Section.

3.2.3. Where applicable, reference to the singular includes the plural.

4. DURATION OF THIS AGREEMENT. The Service Contract shall be effective on [date] and shall end on [date].

5. OBLIGATIONS OF THE CONTRACTOR. The Contractor, representing and warranting that all statements made in connection with its Proposal and as otherwise provided herein are true and correct in all material respects and do not fail to include any matter necessary to make the statements contained therein not misleading, covenants to deliver the Services, and provide all related personnel, materials and other support as may be necessary therefore, in accordance with this Service Contract.

5.7. In General. The Services shall be delivered in a professional and workmanlike manner in accordance with the terms and conditions of this Service Contract. Without limiting the generality of the foregoing:

5.7.1. The Contractor shall conduct its operations with due diligence and efficiency, in conformity with the highest industry standards for technical, financial, managerial and administrative practices, and in a manner that at all times protects the interests of UNRWA.

5.7.2. The Contractor shall at all times during the term of this Service Contract retain for the purpose of delivering the Services all such staff possessing the technical and professional qualifications and competencies necessary to deliver the Services and perform the obligations of the Contractor under this Service Contract.

5.7.2.1. Notwithstanding the foregoing, the Contractor shall, upon 30 days’ notice from UNRWA, terminate in respect of the Services of any personnel determined to have performed unsatisfactorily or otherwise failed to conform to required standards of conduct as set forth in this Service Contract; provided, however, UNRWA may, notwithstanding the notice requirements of this Section, request the immediate termination of the services of any personnel, and limit the access thereof to UNRWA premises, in the event of a serious breach of the duties and obligations of such personnel and where such remedial action is reasonably determined by UNRWA to be required in the interest of the delivery of the Services. 5.7.2.2. All persons retained by the Contractor shall at all times be deemed the employees, agents, contractors or subcontractors of the Contractor and shall in no event be considered to be employees or agents of UNRWA or as having any of the privileges or immunities of the United Nations or its staff.

5.8. Delivery of Services. The Contractor shall deliver the Services as set forth in the ToR and the following:

5.8.1. The Contractor shall commence the Services not later than [date]

5.8.2. The Contractor shall deliver the Services in accordance with the Delivery Schedule.

5.9. Use of UNRWA Resources. The Contractor shall utilize all funds, supplies and equipment provided by UNRWA in accordance with the following:

5.9.1. All equipment, non-expendable materials, supplies and other property furnished or financed by UNRWA under the Service Contract shall remain the property of UNRWA and, unless otherwise agreed by the parties, shall be returned to UNRWA upon the completion of the Services, and -

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5.9.1.1. The Contractor shall not cause or permit any lien, claim or other encumbrance to attach to any equipment, non-expendable materials, supplies and other property furnished or financed by or on behalf of UNRWA under the Service Contract. 5.9.1.2. The Contractor shall promptly report to UNRWA each loss, damage or theft of supplies, equipment, non-expendable materials and other property provided to the Contractor under the Service Contract by or for the benefit UNRWA. 5.9.1.3. The Contractor shall maintain, and shall promptly transfer to UNRWA immediately upon completion of the Service, complete and accurate records with respect to all funds, supplies and equipment received from or on behalf of UNRWA under the Service Contract.

5.9.2. Access to and use of UNRWA facilities and premises by the Contractor and its personnel and contractors shall at all times be subject to UNRWA’s rules and regulations relating to such use, including, but not limited to, those relating to security.

5.10. Records. In addition to all other reporting requirements elsewhere contained in the Service Contract:

5.10.1. The Contractor shall at all times and for a period of 3 years following the completion of the Project maintain progress, financial and other statements, records and reports in respect of the delivery of the Service and this Service Contract. 5.10.2. Upon reasonable notice, all such records and documents maintained by the Contractor in connection with the delivery of the Services and of this Service Contract, including with respect to the administration and operations of the Contractor shall be made available for inspection, review and copying by UNRWA or its designee.

5.11. Failure to Complete Services. If the Contractor fails to complete the services within the time for delivery specified in this Service Contract, UNRWA may, in its sole discretion and without prejudice to its other remedies under this Service Contract, deduct from the contract price USD 100 for each calendar day of delay until actual delivery up to a maximum deduction of ten percent of the contract price.

6. OBLIGATIONS OF UNRWA. In connection with the delivery of the Services by the Contractor in accordance with the terms of the Service Contract:

6.1. Facilities. To facilitate and support the delivery of the Services by the Contractor, UNRWA shall, directly or on its behalf, provide in connection with the delivery of the Services:

6.1.1. Relevant financial, technical, statistical and operational data and other inputs necessary for the delivery of the Services.

6.1.2. Transportation and, in the event the need arises, otherwise facilitate the movement of personnel within UNRWA’s areas of operation.

6.1.3. Access to UNRWA facilities consistent with requirements for the delivery of the Services, including, as applicable, the issuance of UNRWA grounds passes.

6.1.4. Such measures (including but not limited to escort when traveling) as may be reasonably necessary to assure the personal security of the Contractor’s personnel and their property.

6.1.5. Such other services support as may be reasonably available in the UNRWA facilities at which the personnel of the Contractor are operating.

6.2. Payment. In full consideration for the delivery of the Services in accordance with the terms of the Service Contract, UNRWA shall pay to the Contractor as set forth below:

6.2.1. UNRWA shall pay the Contractor the amount of $______of the total invoice of the service in accordance with the Payment Schedule and this Section 4.2.

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6.2.2. The Contractor shall submit to UNRWA monthly an invoice corresponding to the Services delivered during the period represented by the invoice as set forth in the Delivery Schedule, including a certification by the Contractor that for the period of payment the Contractor has delivered the Services in accordance with this Service Contract, together with all such supporting documentation as may be required by UNRWA with respect thereto.

6.2.3. UNRWA shall, within 30 days following the receipt from the Contractor of each invoice, pay the invoiced amounts subject to the following -

6.2.3.1. Each invoice shall be subject to certification by UNRWA of the delivery of Serives associated with the invoice and the amounts contained in the invoices, and UNRWA may make corrections to the amounts set forth in the Contractor’s invoices and effect payment for the amounts so corrected and certified. 6.2.3.2. In the event of any dispute with respect to an invoice submitted by the Contractor, UNRWA shall notify the Contractor within 15 days following receipt of the invoice setting forth the basis for the dispute and the amount of the invoice subject to the dispute.

6.2.3.2.1. UNRWA and the Contractor shall consult in good faith to promptly resolve outstanding issues with respect to any such disputed invoice. 6.2.3.2.2. In cases of dispute regarding only a portion of a Contractor’s invoice, UNRWA shall pay the Contractor the amount of the undisputed portion within 30 days of the receipt thereof. 6.2.3.2.3. Once a dispute regarding an invoice or a portion thereof has been resolved, UNRWA shall pay the Contractor within 30 days following the resolution of such dispute.

6.2.4. Payments effected by UNRWA to the Contractor shall neither relieve the Contractor of its obligations under this Contract nor constitute acceptance by UNRWA of the Contractor’s performance of the Services.

6.2.5. UNRWA shall deposit the amounts payable to the Contractor in accordance with this Section by electronic transfer to:

Bank name : xxxxxx Bank Address : xxxxxx Account name : xxxxxx Account number : xxxxxx SWIFT Code : xxxxxx

6.2.6. Except as otherwise expressly set forth in the Service Contract, the Contractor shall bear all costs associated with the delivery of the Services, including but not limited to all income and other taxes, all utilities and consumables, third-party licenses and costs of staff and contractors (including salaries, workers compensation, life, health and disability insurance, travel costs, allowances and other benefits to which they are entitled in accordance with the applicable terms of service with the Contractor and applicable law).

7. MISCELLANEOUS.

7.1. Waiver. No waiver or waiver of any breach, of any provision of this Service Contract shall be deemed to be a waiver of any other provision or of any future breach of that provision.

7.2. Notice. Any required or permitted notice, consent or approval shall be effective only upon delivery in writing by hand or by telefax transmission to the following address of the other or such other address as may be specified by similar notice –

UNRWA: the Contractor: CSSD-HQ, Amman x Bayader Wadi Seer- x PO Box:140157 x

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Amman 11814 Jordan x Tel: +96265808400 x Email: [email protected] x

7.3. Applicable Law. This Service Contract shall be governed by and construed in accordance with general principles of international commercial law. If any term, covenant, or condition of this Service Contract or the application thereof to any person or circumstance shall to any extent be determined to be invalid or unenforceable, the remainder of this Service Contract, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Service Contract shall remain valid and be enforced to the fullest extent possible.

7.4. Counterparts. This Service Contract may be signed in one or more counterparts, each of which shall be deemed to be an original.

7.5. Entire Agreement. This Service Contract and its annexes may be modified or amended only upon the written agreement of the parties, and this Service Contract and its annexes, as amended, represent the entire agreement and understanding between the parties with respect to the subject matter hereof.

IN WITNESS WHEREOF, the parties have signed this Service Contract as of the date first above written.

United Nations Relief and Works Agency for [Contractor name] Palestine Refugees in the Near East

[name] [name] [title] [title]

Witness Witness

[name] [name] [title] [title]

Annex 1: General Conditions Annex 2: Terms of Reference Annex 3: Delivery and Payment Schedule Annex 4: Proposal

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ANNEX D

TERMS OF REFERENCE (TOR) Inspection Services for Basic Commodities

I. Background and Context

The UNRWA (The United Nations Relief and Works Agency for Palestine Refugees in the Near East) was created on 8 December 1949 upon the adoption by the United Nations General Assembly of resolution No. 302 (IV)

UNRWA is the main provider of basic services – education, health, relief and social services for over 5 million registered Palestine refugees in Jordan, Lebanon, Syria and the occupied Palestinian territory. Further information can be found at UNRWA’s website at: http://www.unrwa.org

A. UNRWA Social Safety Net Program UNRWA’s Social Safety Net Program (SSNP) aims to protect refugees against the vulnerability for the most marginalized refugees, to prevent them from sinking farther into poverty and to allow families to use their resources to look beyond their immediate food security in hopes of mitigating intergenerational poverty. To accomplish this, the SSNP has addressed these needs through the quarterly provision of a food basket for refugees.

The quantities of food aid are purchased internationally or locally, and for which Quality and Quantity Inspection will be required and this is the scope of requested service.

B. The Procurement and Logistics services

Under the service topic of providing the Palestine Refugees with food rations, UNRWA is dealing with the procurement and logistics issues for the Basic Commodities centralized through their Central Support Services Division in UNRWA Head Quarters- Amman, Jordan.

UNRWA supplies the refugees with the Basic Commodities in two fields of Operations: Gaza and Syria.

In adherence to UNRWA’s procurement policy, the imported commodities must be inspected in mutually agreed accredited international laboratories, in both the country of export and country of destination.

C. Types and estimated annual quantities of Imported Basic Commodities

UNRWA imports the following types of Basic Commodities with the following annual estimated quantities (by Tonne*, Litter and Can):

Item UOM Estimated Annual Requirements

Total Syria Gaza

EA EA Regular

Canned Beef Can 2,400,000.00 - - 2,400,000.00

Canned Sardine in Vegetable Oil Can 4,800,000.00 10,614,024.00 1,972,040.00 17,386,064.00

Whole Red Lentils 1,000.00 - - 1,000.00

White Beans 1,000.00 - - 1,000.00 Pulses Tonne Chickpeas 1,000.00 3,680.00 396.00 5,076.00

Split Red Lentils - 1,840.00 200.00 2,040.00

Sun Flower Oil Litter 3,000,000.00 5,823,708.00 788,816.00 9,612,524.00

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White Sugar 3,000.00 2,900.00 396.00 6,296.00

Whole Milk Powder 960.00 2,960.00 316.00 4,236.00

Wheat Flour Tonne - 88,000.00 11,832.24 99,832.24

Rice 3,000.00 9,520.00 1,184.00 13,704.00

Burgul 3,000.00 - - 3,000.00 * 1 Tonne = 1,000 Kilograms

II. Scope of the requested service

The United Nations Relief And Works Agency (UNRWA) hereby solicits offers for the provision of Inspection Services for Basic Commodities. Any Long Term Agreements/Framework Agreements that may be awarded as a result of this tender will be for a period of three years with the possibility of two further extensions of 1+ 1 years, subject to the mandate, funding and needs of UNRWA, and the satisfactory performance of the Contractor in accordance with the terms and conditions of the contract.

The required Inspection Services will be used to award Purchase Orders issued during the period of the Long Term Agreements/Framework Agreements.

The estimated annual quantities are as stated in Para I. C above. However please note that UNRWA makes no commitment to purchase the same quantities from year to year.

The Inspection Services are required at:

 The supplier’s premises and/or Ports of Loading at world-wide locations

 Ports of Discharge and/or UNRWA Warehouses in the two Fields of Operation (Gaza and Syria) and

 Ad hoc inspection of goods stored in UNRWA warehouses.

UNRWA’s ports of discharge and the locations of UNRWA’s warehouses are listed in Annex 1 of this TOR. The Bidder must have a representative in the place of inspection.

All Bidders must confirm that all parameters of the specifications as per attached Annex 2 can be tested.

Company profile for all the bidder’s representatives is requested (Annex F-3 - Business Information). A list of those representatives should be submitted as per Annex F-1.

All Bidders must provide the names of the Certified Laboratories, including their addresses in each location. Information required should be filled as indicated in Annex F-2 of this ITB.

The contract may be split among several Inspection Companies subject to serving UNRWA’s best interests.

III. Inspection, Sampling Of Product, Inspection Reports

A. Inspection At Loading (Suppliers’ Location And/Or Port Of Loading). B. Inspection At Destination (Port Of Arrival And/Or UNRWA Warehouses). C. Sampling Of Product. D. Training UNRWA Staff In Taking Samples. E. Mailing Of Samples. F. Reporting. G. Required Standard Of Services. H. Duration/Cancellation Of The Contract.

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A. Inspection at Loading (Suppliers’ Location and/or Port of Loading):

1. Product Analysis and Quality Control:

 The Contractor shall draw a sample as per the instructions in Article C. The Contractor shall take samples during production and before loading the consignment into the containers or trucks. No supplies shall be removed from the supplier’s warehouses or storage area unless samples have been so taken and approved by the Contractor as complying with the specifications as set out in Annex 2.  Upon extraction, samples for analysis shall be submitted to a mutually agreed accredited international laboratory approved by UNRWA as listed in Annex F-2.  The analysis report from the laboratory shall include also details of the visual appearance and grading of the product.  The Contractor will notify UNRWA by e-mail with results of the analysis before the consignment is removed from the storage area and a copy of the laboratory analysis shall be attached.

2. Control of Delivery Schedule:

The Contractor shall coordinate with the supplier to ensure the timely production and delivery of commodities for shipments and their availability at the time and place of inspection agreed between the Contractor and the supplier, to enable the Contractor to carry out the necessary inspection and analysis to fulfill the services undertaken to be performed by the Contractor under this Agreement. Any apparent delay or failure in production and delivery time shall be reported to UNRWA immediately.

3. Control of Quantity:

 The Contractor shall inspect the quantities by random checking of weight or volume as applicable of a representative number of full and empty bags, bottles, boxes, aluminium sachets or such other type of packaging used in accordance with the contractual specifications to determine the net weight or volume. Such inspections shall include spot checks of the filling scale to verify the correspondence of the filling-in weights or volume with the found net weight or volume.

 The Contractor shall verify the accuracy of the Quantity Certificate provided to UNRWA.

4. Control of Packing and Markings:

 The Contractor shall verify that the markings correspond in colour, dimensions and size to the contractual specifications.  The Contractor shall inspect bags, aluminium sachets, and outer cartons, and verify their correspondence to the contractual specifications in terms of material, size, weight and suitability and verify that bags are properly and finely sewn and without possible spillages.

5. Supervision & Control of Fumigation:

 The Contractor shall supervise the fumigation of the product, to ensure that it is being fumigated after production and before shipment, with an adequate product, in respect of the exposure timings to the product and proper ventilation after fumigation is completed.  The Contractor shall ensure that the type of fumigation and level of use should not be cause for any risks concerning the human consumption of the fumigated product(s).

6. Inspection of Containers (and/or Trucks if used):

 The Contractor shall inspect the containers to ensure that they are in certified sea worthy condition and not in “last- voyage condition”, and to ensure that they are fit to load food items as per international standards.  The Contractor shall ensure that containers with any holes are not accepted and that the containers are properly sealed.  The Contractor shall ensure that if rust is formed on the containers, it does not affect the condition of the containerized foodstuff.

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7. Supervision of Loading into Containers (and/or Trucks if used):

 The Contractor shall ensure quantity inspection by means of weighing and tallying.  The Contractor shall ensure quality inspection by means of visual appearance.  The Contractor shall ensure that the holds are checked for any dirt, smell, scavenger insects, incompatible goods, residual moisture and tightness.  The Contractor shall ensure proper sealing of containers at supplier’s/seller’s site.  The Contractor shall ensure resealing of any opened containers by port/Customs Officials.

8. Control of documentation:

 The Contractor shall obtain from the supplier/seller copies of the shipping documents mentioned in the special conditions of contracts.  The Contractor shall verify Fumigation Certificate covering each shipment stating the date of fumigation and the identification numbers for each container.  The Contractor shall verify the Weight Certificate of each shipment and verify the accuracy of the information provided therein.

9. Inspection Duration:

The Contract shall specify the required time for the inspection at the port or place of loading per commodity.

B. Inspection at Destination (Port of Arrival and/or UNRWA Warehouses):

1. Product Analysis and Quality Control:

 The Contractor shall draw a sample as per instructions in article C. The Contractor shall draw samples upon arrival of the consignment at port of discharge (destination) or UNRWA warehouses. The inspection at destination location may be carried out by a different Contractor to that assigned for inspection of the goods at the supplier’s premises.  Upon extraction, samples should be submitted to a laboratory approved by UNRWA and listed as on Annex F-2.  The laboratory analysis report will include details of the visual appearance and grading of the product.  The Contractor shall submit to UNRWA by e-mail the results of the analysis including a copy of the laboratory analysis before the consignment is removed from the storage area.

2. Control the time of delivery: The Contractor shall report on the timely arrival of commodities at port of discharge or UNRWA warehouses and shall coordinate the time and place of inspection.

3. Inspection Duration:  The Contractor shall specify the required time for the inspection at the port or place of discharge per commodity.  The Contractor shall cover an additional cost (demurrage and storage fees) if they exceed the specified duration.  The Contractor shall collect the sample maximum on next day of notification.

C. Sampling of Product:

 For goods in bags samples shall be drawn from the original bags which are clearly identifiable with the appropriate markings based to the following relevant International Standards in the below table: International Standards FOSFA Rules ISO 5555: GAFTA Rules Commodity ISO 707 CODEX 2001 124 Pulses White Beans X

Pulses Chickpeas X

Pulses Red Lentils X

Grains Rice X

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International Standards FOSFA Rules ISO 5555: GAFTA Rules Commodity ISO 707 CODEX 2001 124 Grain product Wheat flour X

Sugar X

Vegetable oil Sunflower oil X

Milk powder Whole Milk powder X Canned Sardine in Fish X Vegetable Oil Beef Canned Corned Beef X

 Samples shall be drawn uniformly from the goods, according to, when applicable, the relevant general or specific rules and regulations according to the above mentioned relevant International Standards. Samples shall be taken by piercing from the top, middle and bottom of each bag. If it is not possible to efficiently draw a sample, then the original bags may be opened to sample by a hand-scoop, drawing so far as is possible, samples from the ends and middle of the bags in rotation.  As a rule, the methodology used must guarantee that the samples drawn are representative of the entire lot.  The methodology of sampling shall be adapted to the expected type of chemistry, microbiology, radioactivity or such other or similar type of analysis as may be appropriate.  A representative sample shall consist of one part of the product made from several samples or shall be made of several individual packages drawn at random.  The packaging that is to be used to contain samples shall ensure neutrality with the product, mechanical resistance to transport or shortage, and hermetic (air and / or light as appropriate).  Samples collected shall be sealed and fully documented, identifying the name of the product, the quantity represented by the sample, the names of the supplier / seller, the name and place of the beneficiary, the place and the date of sampling, the relevant destination and the reference of the supply contract i.e. purchase order.  Different set of equivalent representative samples shall be drawn. Samples shall be kept for a maximum of Three (3) Months.  The Contractor shall conduct visual examination of the product and in addition, shall also examine the domestic analysis and evaluation of the product by the producer.  The Contractor shall ensure the sealing of the scientific representative samples and submittal of one sample per shipment to a recognized laboratory for analysis for comparison with the specifications of the Supply Contracts, i.e. Purchase Orders UNRWA had entered into in connection with the product concerned.  The Contractor shall, for milled products such as flour and rice, conduct a visual examination of the un-milled wheat and rice during manufacturing process to assess its classification to be sound and of merchantable quality.  The Contractor shall, for Whole Milk Powder, Sunflower Oil and Canned Sardine, conduct examination and analysis per lot individually.  The Contractor shall be present during the conduct of Final Tests (Analytical and Visual Tests).

D. Training UNRWA Staff in Taking Samples: In case Contractor representatives are not able to reach some locations of UNRWA warehouses, the Contractor undertakes to train one or more UNRWA staff from each location, to perform the sampling procedures.

E. Mailing of Samples: The Contractor shall ensure that the methods for mailing samples warrants that the samples are available within one week at the laboratory for analysis and that, to the extent possible, the quality of the samples are not degraded during the mailing process.

F. Reporting:

1. Inspection Report at the supplier’s premises and/or port of loading shall be sent by e-mail to UNRWA’s designated staff. UNRWA shall require the following information and reports specifying:

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 The general References of Supply (Purchase Order and Service Contract numbers), name of supplier, location, port of loading, date of inspection and date of report .  Visual appearance of the product concerned.  Grading of the product concerned.  Analysis of the product concerned as per UNRWA specifications in Annex 2 of this TOR with a minimum of one laboratory certificate from a laboratory approved by UNRWA and listed on Annex F-2.  The quantity, quality and condition of the product concerned with details of the packing and markings used.  The time of delivery of the product concerned.  The validity of the shipping documents and the accuracy of the information provided therein.  Report on the supervision of fumigation, for Wheat Flour and Pulses – the commodities shall be fumigated with aluminium phosphide in containers immediately prior to shipment and for Rice depends on the country of shipping as following:

Near Countries: (countries from which the shipment to final destination doesn’t take longer than 7 days) The commodity shall be fumigated with aluminium or magnesium phosphide prior the loading of the Rice into the containers by 7 days. Fumigation into the containers is not allowed. The fumigation shall be supervised by the Inspection Company.

Far Countries: (countries from which the shipment to final destination takes longer than 7 days) In addition to the above fumigation requirements, fumigation of EMPTY containers shall be carried out immediately prior to loading the Rice into the containers and a second fumigation shall be carried out at COMPLETION OF LOADING into the containers. The doors of the containers shall be closed immediately after the fumigant has been placed into the container. The vents shall be equipped with mosquito nets from inside of the containers in order to prevent new live insects to enter the containers during storing and forwarding /shipment of the containers. The mosquito nets shall be placed over the vents prior to loading of the bags. Adhesive tape shall be placed over the vents from the OUTSIDE of the containers during the time of fumigation exposure and removed after fumigation has been completed in order to ensure proper ventilation of the goods during storing and transportation of the containers.

2. Inspection Report at port of discharge and/or UNRWA warehouses shall be sent by e-mail. UNRWA shall require the following information and reports specifying:

 The general References of Supply (Purchase Order and Service Contract numbers), name of supplier, location, port of discharge or location of UNRWA warehouses, date of inspection and date of report .  Visual appearance of the product concerned.  Grading of the product concerned.  Analysis of the product concerned as per UNRWA specifications in Annex 2 with a minimum of one laboratory certificate from a certified laboratory approved by UNRWA and listed on Annex F-2.  The quantity, quality and conditions of the product concerned with details of the packing and markings used.  The time of delivery of the product concerned at port of discharge.

3. One original invoice only should be sent by air courier to UNRWA HQ (Amman) for payment purposes and the other reports and service contracts should be sent by email only.

G. Required Standard of Services:

1. All Inspection Services shall be delivered by the Contractor in a professional and workmanlike manner in accordance with the terms and conditions of this Contract. Without limiting the generality of the foregoing:

 The Contractor shall perform the Inspection Services and conduct its operations associated with this Contract with due diligence and efficiency, in accordance with sound technical, financial and managerial practices and the highest applicable industry standards, and in a manner that at all times protects the interests of UNRWA.  The Contractor shall ensure that its employees, agents, contractors and subcontractors possess the technical and professional qualifications, licenses, competencies and skills necessary to deliver the Inspection Services and to perform the obligations of the Contractor under this Contract.

H. Duration/Cancellation of the Contract:

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This contract will be concluded for a period of thirty six (36) months with the possibility of two further extension of 12 months, subject to the mandate, funding and needs of UNRWA, and the satisfactory performance of the Contractor. The Contract will be subject to either party’s right of cancellation at the end of twelve (12) months, provided that a written notice is given in accordance with the General Conditions of Contract for Procurement of Services attached as Annex B article 14.

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Annex 1 to the TOR : Ports of Discharge and UNRWA Warehouses Locations

Country Port of Discharge UNRWA W/Hs Locations

Gaza town Gaza Strip Ashdod Rafah Syria Lattakia Damascus

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Annex 2 to the TOR: Technical Specifications for Inspection Contract The quality and quantity control service of various Basic Commodities is requested, as detailed below.

1. Whole Red Lentils for Syria

1.1. SPECIFICATIONS: The Whole Red Lentils are to be in accordance with the following specifications: Whole Red Lentils Specifications Dried lentils for human consumption shall be clean, fumigated, dry and free from mould and living vermin Mature Yes Sound quality Yes Current crop: according to year of production Yes Insect infestation Nil Live weevils Nil Foreign matters 1.0% max. Weevil damaged grains 0.25% Max. Green immature, wrinkled and/or discolored grains 5% Max. Grains infected with eggs Nil Size Diameter 3.5 mm. min. Ash 3.0% max.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

1.2. PACKING: The Whole Red Lentils shall be packed in new sound bags (of minimum weight of 110 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 50 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain whole red lentils of the same type and of the same grade designation.

Expiry date should be at least 12 months after the date of delivery.

1.3. STORING: Whole Red Lentils must be stored under dry, ventilated and hygienic conditions.

1.4. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

All the above specifications will be strictly adhered at Field level.

2. Split Red Lentils for Gaza

2.1. SPECIFICATIONS: The Split Lentils are to be in accordance with the following specifications:

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Split Lentils Specifications Dried lentils must beclean, well-filled, wholesome, uniform in size, shape, colour and in sound merchantable conditions; safe and suitable for human consumption; free from abnormal flavours, musty, sour or other undesirable odour, obnoxious smell and discolouration; free of pests and live insects; fumigated maximum 10 days prior to delivery. Mature Yes Sound quality Yes Current crop: according to year of production Yes Insect infestation Nil Live weevils Nil Moisture content 12% max Damaged 2% max Unhusked grains 1% max Total Foreign matters 1.0% max. Weevil damaged peas 0.25% Max. discolored peas 2% Max. Peas infected with eggs Nil Size Diameter 3 mm. min. Ash 3.0% max. Organoleptic Clean and bright appearance; natural smell Colour Dark red

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

2.2. PACKING: The Red Lentils shall be packed in new sound polypropylene bags (of minimum weight of 110g net). Each bag shall contain a uniform weight of 50 kg net, fit for export and multiple handing. All bags must be clean, sturdy and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both containers and bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both containers the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain lentils of the same type and of the same grade designation.

Expiry date shall be at least 12 months after the date of delivery.

2.3. STORING: Split lentils must be stored under dry, ventilated and hygienic conditions.

2.4. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

All the above specifications will be strictly adhered at Field level.

3. Rice (Medium Grain)

3.1. SPECIFICATIONS: The rice shall be in accordance with the following specifications:

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RICE SPECIFICATIONS Type: Wholly milled medium grain rice (non-parboiled), double polished Organoleptic Properties Fair & Sound marketable quality, free from abnormal smell & pests, fit for human consumption Kernel length 5.2-6.00 Kernel length/width ratio 2.0-2.9. Moisture 14.0% max. Broken grain* 5.0% max. Chalky grain 5.0% max. Grain striated with red 3.0% max. Spotted grain 1.5% max. Stained grain 1.0% max. Yellow grain 0.5% max. Amber grain 0.2% max. Inedible non-toxic mineral or 0.01% max. vegetable substances, provided they are non Toxic Edible extraneous grains or parts 0.1% thereof

* Broken grain if the kernel is less than 3/4 of the Kernel * The rice shall be safe and fit for human consumption. * The harvest year shall be not more than one year * This food commodity must not derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

3.2. PACKING: The rice shall be packed in new sound bags (of minimum weight of 110 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 50 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain rice of the same type and of the same grade designation.

3.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

4. Rice (Long Grain)

4.1. SPECIFICATIONS: The rice shall be in accordance with the following specifications:

RICE SPECIFICATIONS Type: Wholly milled long grain rice (non-parboiled), double polished Organoleptic Properties Fair & Sound marketable quality, free from abnormal smell & pests, fit for human consumption Kernel length 6.6 mm or more Kernel length/width ratio 3 or more

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Moisture 14.0% max. Broken grain* 5.0% max. Chalky grain 5.0% max. Grain striated with red 3.0% max. Spotted grain 1.5% max. Stained grain 1.0% max. Yellow grain 0.5% max. Amber grain 0.2% max. Inedible non-toxic mineral or vegetable 0.01% max. substances, provided they are non- Toxic Edible extraneous grains or parts 0.1% thereof

* Broken grain if the kernel is less than 3/4 of the Kernel * The rice shall be safe and fit for human consumption. * The harvest year shall be not more than one year * This food commodity must not derive from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

4.2. PACKING: The rice shall be packed in new sound bags (of minimum weight of 110 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 50 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain rice of the same type and of the same grade designation.

4.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

5. Wheat Flour - Gaza

5.1. SPECIFICATIONS: The Wheat Flour shall be in accordance with the following specifications

Wheat Flour Specifications Newly milled from fresh crop, good, clean sound semi- Hard wheat and fit for human consumption, consistent with normal standard milling practice (including use of entoleter equipment) and granulation and should produce dough which does not stick during mechanical kneading. 1. Colour Creamy 2. Moisture 14.0% max. 3. Ash (dry basis) 0.62% max. of dry matter (ICC method no. 104) 4. Protein (Nx5.70 in dry basis matter) 11% min. 5. Fatty Acids 50 mg KOH/100g max. of dry matter 6. Insect Infestation Nil 7. Lumpiness Nil 8. Absorption 55% min. 9. Odour Free of odour

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10. Wet Gluten 26 % min ( ICC method no. 155) 11. Hagberg falling no. 250 min. incl. preparation (agitation time of 60 seconds) (ICC method no. 107) 12. Zeleny Index 30 min. (ICC method no. 116 and no. 118) 13. W value 200 min 14. P/L value 0.6 min. – 0.9 max 15. Flour fortified is as follows:- Iron (Elemental) * Add 60 ppm Folic Acid 1.5-2.5 mm Vitamin B12 0.1% WS ( B12) 0.0040 mg/kg min Thiamin Mononitrate ( B1) 2.9 mg/kg min Riboflavin (B2) 3.6 mg/kg min Pyridoxin (B6) 3.6 mg/kg min Niacinamide (Niacin) 35.0 mg/kg min Zinc Oxide(Zn) 15-40 mg/kg Vit. A Palm. CWS-250 1-2.5 mg/kg Vit. D3, 100 CWS/A 0.015-0.05 mg/kg

 In case fortification is locally done not imported (Ferrous Sulphate 30 ppm)

 The Wheat Flour shall be fit for human consumption.

 Suppliers must ensure that food commodities shall conform to the Public Health Regulations in force in the country of origin.

 Milling facilities should meet the Recommended International Code of Practice: General Principles of Food Hygiene CAC/RCP 1-1969, Rev 4-2003 Codex Alimentatius, including Hazard Analysis and Critical Point (HACCP) System and Guidelines for its Application.

 N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this.

5.2. PACKING: The wheat flour shall be packed in new sound bags manufactured of polypropylene. Each bag shall contain a uniform weight of 30 kg net. The empty bags each should be of minimum weight 70 g net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain wheat flour of the same type and of the same grade designation.

5.3. STORING: Wheat Flour must be stored under dry, ventilated and hygienic conditions.

5.4. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

All the above specifications will be strictly adhered at Field level.

6. White Sugar

6.1. SPECIFICATIONS:

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The White Sugar shall be in accordance with the following specifications: WHITE SUGAR Type: Refined beet or cane white crystal sugar (Eccategory no. 2) of healthy quality, fit for human consumption, dry and free running of homogenous grain size Polarization 99.8 degrees ( minimum ) Moisture 0.06% max. Purity Extra pure ( Free from foreign matters ) Free flowing Free flowing Inverted sugar 0.04% max. Ash 0.027% max. (not more than 15 points) Colour Not more than 9 points Colour in solution Not more than 6 points (45 units ICUMSA max.) Points in total 22 points max. 1. 0.0018% ash 2. 0.5 units of colour type units 1 point equals 3. 7.5 attenuation index for colour in solution at 420 NM (ICUMSA) The White Sugar shall be fit for human consumption.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

6.2. PACKING: The White sugar shall be packed in new sound double bags woven outer and solid plastic inner (of minimum weight of 110 g net) manufactured of single polythene lined polypropylene. Each bag shall contain a uniform weight of 50 kg Net.

6.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

7. Whole Milk Powder

7.1. SPECIFICATIONS The Whole Milk is to be in accordance with the following specifications: WHOLE MILK POWDER SPECIFICATIONS Unit of packing 1 kg or 800 gm or 400 gm bags Manufacture Obtained by the spray method Appearance Uniform, white or slightly yellow, no colored particules or impurities. Flavor and taste Slight creamy taste, free from other objectionable taste and flavor cream. Colour Creamy Milk Fat 26% min. Added other Oil/Fat None Moisture content 4% max. Titratable acidity 0.15% max. ( expressed as lactic acid ) Lactates (in non-fat dry matter) 150 mg/100g max. Ash 7.3% max. Lactose content W/W 35-39% Burnt particles 15 mg max. i. e. at least disk B Phosphatase test Negative Neutralizers None

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Additives None Insolubility index 0.5 m1 max. (at 24 C°) Copper 1.5 ppm max. Impurities Nil Iron 10.0 ppm max. Micro-organisms 50,000 per gm max. Total coliforms in 0.1 gm Negative in 0.1 gm Absence of pathogenic or toxic bacteria Rancidity ( Kreis Test) Negative Antibiotics and pesticides Negative The Extra Grade whole Milk powder, instant, fortified with Vitamin A and D shall be safe and fit for human consumption.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

7.2. PACKING: The whole milk shall be packed in new strong cartons (3 Plys) closed with adhesive tape at the top and at the bottom. Each carton contains its full capacity of new Aluminum foil sachets. The sachets must be closed, heat-sealed at both ends, of 1 kg/800 gm/ 400gm Net each bag. Inside the cartons, cartons cross pieces shall be placed to protect the sachets. 7.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

8. Sunflower Oil

8.1. Specifications: The Sunflower Oil is to be in accordance with the following specifications: SUNFLOWER OIL SPECIFICATIONS Free fatty acids 0.15% max. (oleic acid) Linolenic acid 2% max. Sediment Nil Moisture and other 0.2% max. impurities Adulterants Nil Rancidity Nil Saponification no. 184-198 Iodine No. (Wijs) 103-135 Organoleptic properties Satisfactory Specific gravity 0.910-0.923 Natural or refined Refined only Delta-7-stigmasterol 9% min. (of total sterol content and absence of brassicasterol) Soap Absence Foreign odours or Absence flavours Peroxide number Below 10 milliequivalents of active oxygen per kg of oil Authorized additives 100 mg butylated hydroxytoluene (BHT-E-321) per kg of oil Reactive index at 40C° 1.467-1.469

The Sunflower oil shall be safe, free of abnormal and rancid odors, clear and free from any other oils specially mineral oil, fortified with Vitamin A and D and fit for human consumption.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this.

8.2. Packing:

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The sunflower oil shall be packed in new plastic containers to be of robust type each containing 1 liter, properly capped, capable of protecting the product. The containers shall be completely filled and hermetically sealed in an atmosphere of nitrogen. The label shall show clearly the product name, the name and address of the packer, the production and expiration dates. The outer carton thickness must be 3 plys.

8.3. Marking: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

9. Chickpeas- Gaza

9.1. SPECIFICATIONS: The Chickpeas are to be in accordance with the following specifications: Dry Chickpeas must be clean, well-filled, wholesome, uniform in size, shape, colour and in sound merchantable conditions; safe and suitable for human consumption; free from abnormal flavours, musty, sour or other undesirable odour, obnoxious smell and discolouration; free of pests and live insects; fumigated maximum ten days prior to delivery. Mature Yes Sound quality Yes Current crop: according to year of production Yes Insect infestation Nil Live weevils Nil Defective chickpeas 3% max Damaged grains 2% max Broken 3% max Discoloured 2% max Total Foreign materials 1% max. Other edible extraneous grains 0.1% max Weevils damaged peas 1% Max. Peas infected with eggs Nil Moisture content 15% Max. Size 8-10 mms Cooking time 60 minutes (After soaking for 24 hours). Organoleptic Natural taste, smell and colour

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

9.2. PACKING: The chick peas shall be packed in new sound bags (of minimum weight of 110 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 50 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain chickpeas of the same type and of the same grade designation.

Expiry date should be at least 12 months after the date of delivery.

9.3. STORING:

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Chick Peas must be stored under dry, ventilated and hygienic conditions.

9.4. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

All the above specifications will be strictly adhered at Field level.

10. Chickpeas- Syria

10.1. SPECIFICATIONS: The Chickpeas are to be in accordance with the following specifications: Chickpeas of fair, sound and marketable quality, free of abnormal smell and pests, fit for Human Consumption, fumigated maximum ten days prior to delivery.

Mature Yes Sound quality Yes Current crop: according to year of production Yes Insect infestation Nil Live weevils Nil Foreign materials 1% max. Weevils damaged peas 1% Max. Green immature, wrinkled and/or discolored peas 4% Max. Peas infected with eggs Nil Moisture content 15% Max. Size 8mms Cooking time 60 minutes (After soaking for 24 hours). Edible extraneous grains or parts thereof 0.1%

The Chick Peas shall be safe and fit for human consumption.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

10.2. PACKING: The chick peas shall be packed in new sound bags (of minimum weight of 110 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 50 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain chickpeas of the same type and of the same grade designation.

Expiry date should be at least 12 months after the date of delivery.

10.3. STORING: Chickpeas must be stored under dry, ventilated and hygienic conditions.

10.4. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

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All the above specifications will be strictly adhered at Field level.

11. White Beans

11.1. SPECIFICATIONS:- The White Beans are to be in accordance with the following specifications:

White Beans of fair, sound and merchantable quality, free of odor and live pests, fit for human consumption, fumigated maximum ten days prior to delivery

Mature Yes Sound quality Yes Current crop: according to year of Yes production Insect infestation Nil Live weevils Nil Foreign matters 1.0% max. Weevil damaged beans 1.0% max. beans infected with eggs Nil Green immature, wrinkled and/or 4.0% max. discolored beans Size 8 -10 mm Moisture content 15% max. Cooking time 90 minutes max. (after soaking for 24 hours)

The White Beans shall be fit for Human Consumption.

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this.

11.2. PACKING: The White Beans shall be packed in new sound polypropylene bags (of minimum weight of 100g net). Each bag shall contain a uniform weight of 50 kg net. All bags must be firmly sewn.

11.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

12. Burghul-Syria

12.1. SPECIFICATIONS: The Burghul shall be in accordance with the following specifications:

Rough Burghul, light colour (yellow) of fair, sound and marketable quality, free from abnormal flavours, musty, sour or other undesirable odour, pests and insects, fit for Human Consumption. The required product should be fresh production, and the shelf life must not be less than 75 % upon delivery to UNRWA. Moisture content 13% max. Ash 1.75% Max. Sound quality Yes Insect infestation Nil Live/Dead weevils Nil Foreign materials 0.1% max. Damaged grain 1% max. Size 1.5-2.5 mm

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Protein 9.3% min. Edible extraneous grains or parts thereof 0.1% max. Crude fiber 2.3% max

* The Burghul shall be safe and fit for human consumption. * This food commodity must not derive from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this

12.2. PACKING: The Burghul shall be packed in new sound bags (of minimum weight of 70 g net) manufactured of polypropylene. Each bag shall contain a uniform weight of 25 kg net fit for export and multiple handing. All bags must be clean, sturdy, and firmly sewn.

Bags should not be laminated in order to allow ventilation and maintain the temperature inside the bag at the required level.

Both the containers and the bags shall be free from insect or fungal infestation and shall not impart any toxic substance or undesirable odour or flavor.

Both the containers and the bags shall safeguard the hygienic, nutritional, technological and organoleptic qualities of the products.

Each package shall contain Burghul of the same type and of the same grade designation.

12.3. MARKING: SEE ATTACHED SPECIAL CONDITIONS OF CONTRACT.

13. The Canned Sardine in Vegetable Oil- Gaza

13.1. SPECIFICATIONS: The Sardines are to be in accordance with the following specifications:

Sardines shall be manufactured from fresh or frozen fish of a quality fit for human consumption; shall have an odour, flavor and texture characteristic of sardines; shall be presented inclear, refined, edible Vegetable Oil, which must not contain any objectionable odour, flavour and texture. Net Weight per Tin 125gms Drained Weight Minimum 88 grams Number of fish 2 pieces min Moisture 70% max. Content of Fish 70-75% of the declared contents. Fish Water No Water may be added to this Product. Content of Salt 1-2% in Fish Flesh. Crop According to Year of Production. Objectionable matter (struvite crystals) 5mm max in length Organoleptic (texture, colour, smell, taste) Characteristic of fresh fish and good quality fill medium Fat content (only if not written on the can) 14g min (of which 2g min sat. fats)

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this.

13.2. HYGIENE: The canned sardines shall: (i) be free from micro-organisms capable of development under normal conditions of storage. (ii) not contain any other substance including substances derived from micro-organisms in amounts which may represent a hazard to health in accordance with Codex standards. (iii) be free from container integrity defects which may compromise the hermetic seal.

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13.3. PACKING: Canned sardines shall be packaged into 125 grams tin cans, to constitute the primary packaging. The secondary packaging is cartons, to facilitate transportation and storage.

The sardines shall be packed in hermetically sealed cans and shall have received a processing treatment sufficient to ensure commercial sterility. The sardine tins shall be made of material and coated according to international standards. The cans shall be scored for easy opening.

Expiry date shall be at least 24 months after the date of delivery.

13.4. STORING: Canned sardines shall be stored under cool, dry and hygienic conditions.

13.5. MARKING: All cans and cartons shall be legibly and indelibly marked according to UNRWA requirements and including the following information:

UNRWA CANNED SARDINE IN VEGETABLES OIL (NOT FOR SALE) FOR FREE DISTRIBUTION TO PALESTINE REFUGEES PORT/PLACE OF DESTINATION: PRODCUTION DATE: EXPIRY DATE: MANUFACTURER: ORIGIN: WEIGHT: ………. NET PURCHASE ORDER#:

All the above specifications will be strictly adhered at Field level.

14. Canned Sardines (in vegetable oil)- Syria

14.1. SPECIFICATIONS: The Sardines are to be in accordance with the following specifications:

Sardines shall be manufactured from fresh or frozen fish of a quality fit for human consumption; shall have an odour, flavor and texture characteristic of sardines; shall be presented inclear, refined, edible Vegetable Oil, which must not contain any objectionable odour, flavour and texture. Net Weight per Tin 125gms Drained Weight Minimum 88 grams Number of fish 2 pieces min Moisture 70% max. Content of Fish 70-75% of the declared contents. Fish Water No Water may be added to this Product. Content of Salt 1-2% in Fish Flesh. Crop According to Year of Production. Objectionable matter (struvite crystals) 5mm max in length Organoleptic (texture, colour, smell, taste) Characteristic of fresh fish and good quality fill medium

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Fat content (only if not written on the can) 15g min (of which 2g min sat. fats)

* N.B.: The food commodity must not be derived from biotechnology. Suppliers must ensure that food commodities are brought in from countries whose health status allows this.

14.2. HYGIENE: The canned sardines shall: (iv) be free from micro-organisms capable of development under normal conditions of storage. (v) not contain any other substance including substances derived from micro-organisms in amounts which may represent a hazard to health in accordance with Codex standards. (vi) be free from container integrity defects which may compromise the hermetic seal.

14.3. PACKING: Canned sardines shall be packaged into 125 grams tin cans, to constitute the primary packaging. The secondary packaging is cartons, to facilitate transportation and storage.

The sardines shall be packed in hermetically sealed cans and shall have received a processing treatment sufficient to ensure commercial sterility. The sardine tins shall be made of material and coated according to international standards. The cans shall be scored for easy opening.

Expiry date shall be at least 24 months after the date of delivery.

14.4. STORING: Canned sardines shall be stored under cool, dry and hygienic conditions.

14.5. MARKING: All cans and cartons shall be legibly and indelibly marked according to UNRWA requirements and including the following information:

UNRWA CANNED SARDINE IN VEGETABLES OIL (NOT FOR SALE) FOR FREE DISTRIBUTION TO PALESTINE REFUGEES PORT/PLACE OF DESTINATION: PRODCUTION DATE: EXPIRY DATE: MANUFACTURER: ORIGIN: WEIGHT: ………. NET PURCHASE ORDER#:

All the above specifications will be strictly adhered at Field level.

15. The Canned Corned Beef- Syria

15.1. SPECIFICATIONS:

Canned Corned Beef Net weight per can 200gm Category Halal Meat content 90% minimum Fat content 15.5% Maximum

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Protein Content 21% min.(the proportion of collagenous protein in relation to total protein content must not exceed 35%) Sugar 1% maximum Ash 3.5% maximum Sodium Nitrite and or potassium Nitrite 50mg/kg total nitrite expressed as sodium nitrite Lead (Pb) 1mg/kg Tin (Sn) (for product packed in tinplated 200mg/kg cans) Tin (for product packed in other non- 50mg/kg tinplated containers) Iso-ascorbic acid and its sodium salt 300mg/kg max (expressed as ascorbic acid singly or in combination) Humidity 60%max. Food Grade Salt 2% maximum

. Product consisting of bovine meat, stable . The final product shall be clean and substantially free from staining and contamination from the container. . The product shall be prepared from bovine meat and edible offal of healthy animals, which has been coarsely cut and cured. Used meat whether fresh, refrigerated or frozen shall be free of any signs of spoilage, or bruises, or filth or any objectionable smells, flavours and suitable for human consumption . The product should be packed in a well-sealed containers coated with food grade lacquer, suitable for the product, with no mechanical defect and rust free, which will safeguard the hygienic, nutritional and technological quality of the end product. Container shall have no swelling; the inner pressure shall be less than atmospheric pressure at 20° C . The product shall be shelf-stable at ambient temperature. It should remains wholesome under the conditions of storage, transport and distribution The production and expiry dates shall be declared by day, month and year . The product shall be free from harmful microorganisms which could cause food spoilage as well as parasites and any other harmful contaminants. . The product shall be clean and substantially free from staining and contamination from the container. . The product shall be homogenous and uniform and free of pieces of skin, bones, teeth, hooves, horns, tendons, cartilage, parts of stomachs, hair, wool or feather or any other foreign substances. The label shall declare in Arabic the type of meat used in the production, the country of origin, the name, brand and address of the packer and net weight in grams

15.2. MARKING: UPON REQUEST

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ANNEX E- Financial Proposal Format 1. Inspection at Country of shipment (loading)

Location of Cost Per Minimum cost if Lead Time for Commodity U/M Inspection Tonne/LT/Can US$ Applicable US$ Inspection (days)

Turkey

France

Flour Tonne Ukraine

Egypt

Russia

Turkey

Egypt

Jordan

Myanmar

Italy

USA Rice Tonne Pakistan

Thailand

India

Vietnam

China

Brazil

Turkey

Canada

Australia

China

Egypt Pulses Tonne Bulgaria

UK

USA

Argentine

India

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Location of Cost Per Minimum cost if Lead Time for Commodity U/M Inspection Tonne/LT/Can US$ Applicable US$ Inspection (days)

Pakistan

Jordan

UAE

Estonia

Europe

China

Turkey White Tonne Sugar Thailand

Brazil

UAE

New Zealand

Australia

Argentine

Brazil

China

Singapore

Whole Milk Tonne Malaysia

Netherlands

Belgium Other European

countries Jordan

Oman

UAE

Gaza

West Bank Canned Can Jordan Sardine Malaysia

UAE

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Location of Cost Per Minimum cost if Lead Time for Commodity U/M Inspection Tonne/LT/Can US$ Applicable US$ Inspection (days)

France

Brazil

Spain

Morocco

India

China

Turkey

Portugal

Thailand

Bulgaria

Sunflower Turkey LT Oil France

Spain

Morocco

Hungary Other European countries Egypt

Ukraine

Russia

Gaza

West Bank

UAE

France Canned Beef Can Brazil Other European countries Malaysia

Europe Burgul Tonne UAE

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India

Pakistan

Turkey

Syria

Canada

NAME & TITLE OF NAMEOF BIDDING COMPANY STAMP OF BIDDING COMPANY COMPANY REPRESENTATIVE

SIGNATURE OF COMPANY REPRESENTATIVE

SEND TO: Through InTend via UNGM Attn: Chairperson, Tender Opening Committee CONFIDENTIAL ITB # ……………………………………….

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2. Inspection at Country of arrival (Ports of Discharge and/or UNRWA warehouses)

*Location of Inspection at Cost Per Port of Minimum if Lead Time for Inspection Commodity U/M Tonne/LT/Ca Destination Applicable US$ (days) n US$ or at UNRWA W/Hs Ashdod Port Flour Tonne Gaza Strip Ashdod Port Gaza Strip Rice Tonne Lattakia Port Syria W/H Ashdod Port Gaza Strip Pulses Tonne Lattakia Port Syria W/H Ashdod Port Gaza Strip White Sugar Tonne Lattakia Port Syria W/H Ashdod Port Gaza Strip Milk Powder Tonne Lattakia Port Syria W/H Ashdod Port Gaza Strip Sunflower Oil LT Lattakia Port Syria W/H Ashdod Port Canned Gaza Strip Can Sardine Lattakia Port Syria W/H Lattakia Port Canned Beef Can Syria W/H Lattakia Port Burgul Tonne Syria W/H

*NB Location of Ports of Discharge and UNRWA Warehouses are indicated in Annex 1

NAMEOF BIDDING COMPANY STAMP OF BIDDING COMPANY NAME & TITLE OF COMPANY

REPRESENTATIVE

SIGNATURE OF COMPANY REPRESENTATIVE

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ANNEX F TECHNICAL PROPOSAL FORMAT

The documents below are all mandatory and should be submitted through the designated envelope for Technical Proposal through In-Tend via UNGM:

Mandatory requirements Note

Business Information of the vendor Annex F-3

List of Offices, Representatives, Annex F-1- List of Offices, Representatives, and/or Sub- and/or Sub-Contractors Contractors

The company must have a creditability in international Quality certificates of the vendor organizations for quality assurance- ISO17025, ISO17020, and their representatives ISO9001, IFFO, Euro lab, FOSFA, GAFTA, IFIA, AFOA, Codex or similar

List of Certified Laboratories for Annex F-2- List of Certified Laboratories analysis of Samples.

The laboratories must have credibility in international Quality certificates of laboratories organization for quality assurance- ISO17025, ISO17020, as designated by the vendor and ISO9001, IFFO, Euro lab, FOSFA, GAFTA, IFIA, AFOA, approved by UNRWA Codex or similar

Company profile for all the bidder’s Representatives and/or Sub- Annex F-3 - Vendor Profile Form Contractors requested.

A written confirmation from the vendor that all parameters of the specifications as per Annex 2 of the TOR can be tested.

The financial stability check will be done as per the below Financial stability check: parameters: The Vendor must submit a copy of audited financial statements, with TOTAL ASSETS comparative figures for the previous CURRENT ASSETS 3 year (2015, 2016 and 2017); NONCURRENT ASSENT signed by the Vendor’s CURRENT LIABILITY auditing/accounting firm (an English translation is required, if the NONCURRENT LIABILITY statements are in a different EQUTY language). TOTAL LIAB & EQUITY Page 52 of 77

CURRENT LIAB. To TOTAL LIAB. Non CURRENT LIAB. To TOTAL LIAB. EQUTY to total Assets TOTAl INCOME(TI) NET INCOME(NI) PROFITABILITY RATIO ( NI TO TI) WORKING CAPITAL CURRENT RATIO CA TO TL & equity Ratio CASH ACCOUNT RECEIVABLE SHORT TERM INV. Quick Ratio Debt to Total Assets ROA

Vendor should be registered on UNGM at least at Level 1.

Additional Requirements Note Three (3) References (Name, Title, References is critical to ensure the company Organization, Phone and Email) that UNRWA is has the capacity to deliver the requested service permitted to contact for purpose of verifying the in a professional and timely manner. submitting Vendor’s past performance in areas relevant to UNRWA's Tender and TOR. At least 3 years of previous experience in this Provide proof of previous projects/contracts field

The received Technical Proposals will be evaluated first. Only bidders who meet all the above UNRWA’s requirements will be considered for financial evaluation.

Financial Evaluation  The financial evaluation will be conducted as per the provided costs in Annex E, per metric tonne/little/can  The supplier should provide a final cost as UNRWA will consider the financial cost in the supplier’s offer only and will not be subject to any increase resulting from unclear or not mentioned indirect costs.

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ANNEX F-1: List of Offices, Representatives, and/or Sub-Contractors

Name(s) of Name of Contact Country Address of Company Tel. & email address Company(ies) Person Argentine Australia Belgium Brazil Bulgaria Canada China Egypt Estonia France Gaza Strip Germany Hungary India Israel Italy Jordan Lebanon Malaysia Morocco Myanmar Netherlands New Zealand Oman Pakistan Poland Portugal Russia Singapore Spain Syria Thailand Turkey UAE UK Ukraine USA Vietnam West Bank Others Please Specify

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ANNEX F- 2: List of Certified Laboratories for analysis of Samples

Name(s) of Address of Tel. & email Name of Lab. Contact Country Laboratory Laboratory address Person Argentine Australia Belgium Brazil Bulgaria Canada China Egypt Estonia France Gaza Strip Germany Hungary India Israel Italy Jordan Lebanon Malaysia Morocco Myanmar Netherlands New Zealand Oman Pakistan Poland Portugal Russia Singapore Spain Syria Thailand Turkey UAE UK Ukraine USA Vietnam West Bank Others Please Specify

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Annex F3- Vendor Profile Vendor Profile

1. Name of Company:

2. Street Address: 3. P.O. Box and Mailing Address: Postal Code

: Country : City : Zip Code : 4. Tel: (+ ) 5. Fax: (+ )

6. Email: 7. WWW Address: 8. Contact Name and Title:

9. Parent Company (Full legal Name):

10. Subsidiaries, Associates and/or Overseas Representative(s) - (attach a List if necessary):

11. Type of Business (Mark one only)(Please attach the company organizational chart):

Individual: Partnership: Corporate/ Limited: Other (specify):

12. Nature of Business:

Manufacturer: Authorised Agent: Trader: Consulting Company: Other (specify): 13. Year Established: 14. Number of Full-time Employees:

15. Licence no. (Please attach a copy) /State where registered: 16. VAT No. /Tax I.D:

17. Technical Documents available in:

English French Spanish Arabic Other (specify)

18. Working Languages:

English French Spanish Arabic Other (specify)

Section 2: Financial Information

19. Annual Value of Total Sales for the last 3 Years:

Year : USD million Year : USD million Year : USD million

20. Annual Value of Export Sales for the last 3 Years:

Year : USD million Year : USD million Year : USD million

21. Account holder : Bank Name : Swift/BIC Address: Bank Address :

22. Bank Account Number : IBAN (Europe and Middle East): CHIPS (US Only) : FED (US Only) : ABA (US Only) : BSB (Australia Only) : Any other details :

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23. Please provide a copy of the company's most recent Annual or Audited Financial Report.

Section 3: Technical Capability and Information on Goods / Services Offered

24. Quality Assurance Certification (e.g. ISO 9000 or Equivalent) (please provide a Copy of your latest Certificate):

25. International Offices/Representation (Countries where the Company has local Offices/Representation):

26. For Goods only, do those offered for Supply conform to National/International Quality Standards? If yes which standard

Yes No

27. List below up to fifteen (15) of your Core Goods/Services offered:

UNSPSC Code UNSPSC Description (one Line for each Item) National/International Quality Standard to which Item conforms

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Section 4: Experience

28. Recent Contracts with the UN and/or other International Aid Organizations:

Organization: Value: Year: Goods/Services Supplied: Destination:

USD

USD

USD

USD

USD

29. To which Countries has your Company exported and/or managed Projects over the last 3 Years?

Section 5: Other

30. Does your Company have a written Statement of its Environmental Policy? (If yes, please attach a copy)

Yes No

31. Please list any Disputes your Company has been involved in with UN Organizations over the last 3 Years:

32. List any National or International Trade or Professional Organizations of which your Company is a Member.

33. Certification: I, the undersigned, hereby accept the basic UN General Conditions, a copy of which has been provided to me and warrant that the information provided in this form is correct, and in the event of changes details will be provided as soon as possible:

Name Functional Title

Signature Date

NOTE: Please be informed that a number of Procuring Entities of the UN system have decided not to do business with companies or any of their affiliates or subsidiaries, which engage in any practice inconsistent with the rights set forth in the convention on the Rights of the Child, regarding certain protection applicable to children performing work, or engage in the sale or manufacture of anti-personnel mines, or any significant component produced primarily for the operation thereof.

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INSTRUCTIONS FOR COMPLETION The form should be typewritten in uppercase and completed clearly and accurately ensuring that all questions are answered. The numbers below correspond to item numbers on the registration form:

1. Full name of company. 2. Full street address. 3. Full mailing address (including P.O. Box, if any). 4. Telephone number, including correct country and area codes. 5. Fax number, including country and area codes. 6. Email address. 7. WWW Address. 8. Provide name of person (including title) or department to whom correspondence should be addressed. 9. Full legal name of parent company, if any. 10. Please provide, on a separate sheet if necessary, names and addresses of all subsidiaries, associates and overseas representatives if any. 11. Please tick one box. If the last box is ticked, please specify. 12. Please tick one box. If the last box is ticked, please specify. If the company is a manufacturer of some products and a trader/agent of others which they do not manufacture, both boxes should be ticked. 13. Indicate the year in which the organization was established under the name shown in Item 1. 14. Indicate the total number of full-time personnel in the company. 15. Provide the license number under which the company is registered, or the State where it is registered. 16. Provide the VAT number or Tax I.D. of the company. 17. Please tick the boxes for which languages the company is able to provide technical documents. 18. Please tick the boxes for which languages the company is able to work in. 19. Provide the total annual sales for the organization for the last 3 financial years in USD millions. 20. Provide the total export sales for the organization for the last 3 financial years in USD millions. 21. Provide the full name, address and SWIFT address of the bank used by the company. 22. Provide the company's bank account number and the account name. 23. Please provide a copy of your most recent annual report or audited financial report. 24. List any Quality Assurance Certificates (e.g. ISO 9000 series) that have been issued to your company and provide a copy of the latest certificates. 25. List all countries where the company has local offices or representation. 26. Indicate whether the company's products conform to national/international standards. If yes please attach copies of the certificates. 27. Please list up to 15 of the core goods/services offered. If available, provide the UNSPSC code (United Nations Standard Products and Services Code) and describe them according to the UNSPSC description. For each item, list the National/International Quality Standard to which it conforms. 28. Enter the name(s) of UN organizations which your company has dealt with recently. Provide the value and the year of the contract, the goods/services supplied and the country of destination of each contract. If you have had more than 7 of such contracts, please attach a separate sheet indicating the others. Documentary evidence of such contracts is required, e.g. copies of purchase orders. Organizations in the UN system are: UN; UNCTAD; UNEP; UNCHS(Habitat); UNICEF; UNDP; WFP; UNHCR; UNRWA; UNFPA; UNOPS; UNU; ILO; FAO; UNESCO; ICAO; WHO; WB; IMF; UPU; ITU; WMO; IMO; WTO; WIPO; IAPSO; IFAD; UNIDO; IAEA; ITC; ECA; ECE; ECLAC; ESCAP; ESCWA. 29. List export markets, in particular, all developing countries to which your company has exported over the last 3 years. 30. The Earth Summit, held in Rio de Janeiro in 1992, emphasised the necessity to protect and renew the earth's limited resources. Agenda 21 was adopted by 178 governments and lays an emphasis for the UN to exercise leadership, i.a. towards promoting environmental sensitive procurement policies for goods and services. Please indicate whether your company has a written statement of its Environmental Policy and, if so, please provide a copy. 31. List all disputes with UN organizations which your organization has been involved in over the last 3 years. If more space is required, please use a separate sheet. 32. Provide details of all national and international trade or professional organizations to which your company belongs.

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33. Please read the enclosed UN General Conditions carefully, as signature of the form signifies acceptance. The form should be signed by the person completing it and their name and title should be typed, along with the date.

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ANNEX G- Key Performance Indicators (KPI’s)

Key Performance Indicators (KPI) For Contract Management A. Overview To provide the inspection service for the imported commodities by UNRWA in accredited mutual international laboratories, in both the country of export and country of destination. B. Key Performance Indicators The following KPI’s have been identified from the Term of Reference. These are the indicators that are required to be reported on for this contract:

KPI details 0 1 2 3 4 5 Timely coordination with supplier to ensure the production and delivery of commodities for shipments and their availability at the time and place of inspection agreed between the contractor and supplier

Timely coordination with UNRWA Field office staff in Gaza and Syria to ensure collecting the samples maximum on next day of notification The contractor comply with the Lead Time for Inspection at the place/port of loading as indicated in Annex E

The contractor comply with the Lead Time for Inspection at the place/port of arrival as indicated in Annex E

The contractor ensured the accuracy of the whole supervision and reporting at place/port of loading and arrival.

*0 to be lowest and 5 highest score.

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ANNEX H

ACKNOWLEDGEMENT

UNRWA established measurement criteria to evaluate suppliers’ responses against its ITB. Those suppliers who did not respond for the last three ITB without providing an explanation by responding to this acknowledgment or/and offered high prices against the last three ITB, will /not be invited again to UNRWA future ITB and will be removed from UNRWA mailing list of approved suppliers.

Subject: ITB# ITB/UNRWA/CPS/ST/02/2018-Inspection Services for Basic Commodities

Dear Sir,

We the undersigned acknowledge receipt of your ITB# ITB/UNRWA/CPS/ST/02/2018-Inspection Services for Basic Commodities and hereby confirm that:

( ) We intend ( ) We do not intend to submit a bid to UNRWA by the deadline date of 28 June 2018 before 12:00 noon Amman, Jordan time.

Very Truly Yours,

Name & Title of Authorized Representative:______

Signature: ______

Company Name & Address: ______

Telephone No.: ______

Facsimile No.: ______

If you do not intend to submit a bid to UNRWA, please indicate the reason:

( ) We do not have the capacity to submit a bid at this time. ( ) We cannot meet the technical requirements for this ITB. ( ) We do not think we can make a competitive offer at this time. ( ) Others: Please specify ______

Kindly return this acknowledgement through In-tend via UNGM using the “Correspondence” function

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Annex I

REGISTRATION PROCESS ON UNGM

STEP 1: CREATION OF YOUR UNGM ACCOUNT

Go to www.ungm.org and click on the ‘Login and New Registrations’ tile.

Click on the ‘New registration’ button.

Please select the type of registration by clicking on the relevant box. If you are a company, please click on the ‘Companies’ box.

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Introduce your company details and acknowledge the UN Supplier Code of Conduct. Then, click on the ‘Send the activationlink’ button.

Please provide your company name as written in your company's Certificate of Incorporation. If an error message appears informing you that a company with a similar name already exists, please contact us.

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STEP 2: ACTIVATE YOUR UNGM ACCOUNT

Once you have created your UNGM account, please do not forget to activate it. Go to your personal email inbox, where you should have received an email from UNGM containing an activation link. Please activate your UNGM account by clicking on the activation link.

If you have not received the activation email, please note that you can resend it to yourself from your UNGM inbox.

We also invite you to review the 'Registration Process' link in the left hand side menu for further information and detailed instructions on how to proceed in order to complete your UNGM Registration.

In addition, please find below the link to the video guideline on how to successfully register your company on UNGM: https://www.ungm.org/Public/Video/View/3 IMPORTANT: We kindly remind you that the ‘Registration for UN staff’ process is meant for UN personnel only and does not apply to vendors.

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STEP 3: LOG INTO YOUR UNGM ACCOUNT

In order to log into your UNGM account, please click on the ‘Log in’ link at the top right- hand corner of the page or on the ‘Login and New Registrations’ box in the homepage.

You will need to use your username which is the email address you registered with and your password. If you do not remember your password, please use the ‘forgotten password’ functionality.

Provide your email address/username and click on the 'Submit' button.

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An email containing a link to reset your password will be sent to your email address. This link will be valid only for 1 hour for security reasons. If you have not received any email from UNGM, please check your spam folder as UNGM emails may be considered as such. Click on the link provided in this email and follow the on-screen instructions to reset your password. Provide your new password and click on the ‘Change password’ button.

You should now be able to login with the newly created password.

STEP 4: COMPLETE YOUR VENDOR REGISTRATION FORM IN UNGM

From the ‘Registration’ link in the left-hand menu, you can complete your registration form. It only takes about 5-8 minutes to complete your Basic registration.

Please note that some tabs appear in red and others in green. The red tabs mean that you are missing information. The asterisk (*) indicates information that is required and you will not be able to submit the registration without this information.

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1. General

In the ‘General’ tab, please complete the basic information concerning your company and click on the ‘Save’ button.

It is important to type your company name in the same way as it appears on your certificate of incorporation or any other legal document relating to the formation of your company or corporation.

The license number refers to the number that all legally operating businesses have which permits them to function in the city and/or country where they are located.

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2. Address

In the ‘Address’ tab, please complete the address information concerning your company and click on the ‘Save’ button.

3. Countries/areas

In the ‘Countries/areas’ tab, you will need to inform whether you prefer to do business only in your country or if you prefer to do business internationally. There is no save button in this tab as this information saves automatically.

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4. Contacts

In the ‘Contacts’ tab, you will need to complete your own information by adding your telephone number, title etc. Please click on the ‘complete’ button to complete this information.

Please note that you can also invite/add colleagues to the contacts for the account. They will receive a link to the account and will be able to log into the account in future. They will also receive the tender alerts if you choose to subscribe for this service.

4. Declaration

The declaration of eligibility is a formal and explicit statement on behalf of your company. Please review the following seven (7) statements and select the most appropriate option.

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5. Coding

UN staff uses UNSPSC codes to identify what type of products and services vendors are offering. The codes are also used to match companies with relevant UN organizations.

Please search for UNSPSC codes either by typing keywords or using the trimmed tree classification.

Once you have found the codes which you wish to add, please tick the box corresponding to the UNSPSC code. Then, we invite you to save the list of selected codes by clicking on the 'Save selected codes' button at the bottom of the page.

6. UN organizations

As you complete the details of your registration, this section will be automatically updated. Once your information is complete, your vendor registration profile will be automatically saved and processed. Please check your dashboard for registration status.

You can always deselect any UN organization you are not interested in doing business with.

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In case you do not want to authorize UNGM to automatically submit your registration to the matching UN organizations, please access the settings page from the little wheel symbol in the top right-hand corner of the page or from the ‘settings’ link in the left-hand menu.

Under the ‘auto-submission’ section, please untick the ‘authorize’ checkbox.

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STEP 5: CHECK YOUR STATUSES AND UNGM NUMBER IN THE DASHBOARD

You can check your UNGM number and statuses of your registration with the different UN organizations under the dashboard in the left-hand menu.

Please note that being registered on UNGM means that the details of your company is part of the database of potential vendors. Please note that once any of the UN organizations confirm your registration, your company’s profile will be visible to all UN staff when searching for vendors.

As you will see, some UN organizations use an automatic acceptance process based on the information provided, whilst others may need to further evaluate your submission before accepting and registering your company as a potential vendor.

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REGISTER AT LEVEL 1 AND/OR 2

You might also consider registering at level 1 and level 2 on UNGM. These registration levels are optional and refer to different thresholds for awarded contracts. Some UN organizations use these registration levels while others do not. The system is intuitive and will submit your registration automatically to the UN organizations maintaining these levels.

When participating in a tender, please check carefully the minimum registration level required by the UN organization.

Once you have submitted your registration at basic level, you will find a link to the level 1 registration in the left-hand menu. Similarly, once you have completed and submitted level 1 registration, you will find a link to level 2 registration.

For further guidance, please read the level 1 and 2 registration guide.

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ACCESS TO BUSINESS OPPORTUNITIES

SEARCH FOR TENDER NOTICES

From the UNGM homepage, click on the ‘Business Opportunities’ box or click on the ‘Tender notices’ link in the left-hand menu. Click on the ‘show more criteria’ button on the upper right side.

You can filter the notices by UN organizations, UNSPSC codes, dates…

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TENDER ALERT SERVICE

The Tender Alert Service is an added service for vendors who would like to be notified of relevant tender notices via email. With the Tender Alert Service, you can receive notification of relevant business opportunities that match your company's products and/or services directly to your email address.

This service is provided at a fee of USD250 per year. You can also access tenders free of charge under Tender Notices.

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HELP

If you need Help at any stage of the process, you can contact via the ‘Help’ functionality on the UNGM website. We aim to respond to all queries within 48 hours. Please note that you can categorize your query, which enable us to treat it more efficiently.

If you urgently need assistance, you are also welcome to contact us at [email protected].

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