REQUEST FOR PROPOSAL (RFP)

Open National Bidding

DATE: April 1, 2016

REFERENCE: RFP/UNDP/INDIA/2016/12

Dear Sir / Madam:

We request you to submit your Proposal to Facilitating Pilot Demonstration of Energy Efficient
Model Buildings.
Please be guided by the form attached hereto as Annex 2, in preparing your Proposal.
Annexure 1 Description of Requirements
Annexure 2 Terms of Reference with Appendices
Annexure 3 Form for submitting service providers Technical proposal
Annexure 4 Form for submitting service providers financial proposal
Annexure 5 General Terms and Conditions of the Contract
Proposals may be submitted on or before the deadline indicated by UNDP in the e-tendering
system. Proposals must be submitted in the online e-tendering system in the following link:
https://etendering.partneragencies.org using your username and password. If you have not registered in
the system before, you can register now by logging in using:
Username: event.guest
Password: why2change
..and follow the registration steps as specified in the system user guide.
Your Proposal must be expressed in English language, and valid for a minimum period of One
Hundred and Twenty (120) days.
You are kindly requested to indicate whether your company intends to submit a Proposal by
clicking on Accept Invitation.
In the course of preparing and submitting your Proposal, it shall remain your responsibility to
ensure that it submitted into the system by the deadline. The system will automatically block and not
accept any bid after the deadline. Kindly ensure that supporting documents required are signed and in
the .pdf format, and free from any virus or corrupted files.
The Financial Proposal and the Technical Proposal files MUST BE COMPLETELY SEPARATE and
uploaded separately in the system and clearly named as either TECHNICAL PROPOSAL or FINANCIAL
PROPOSAL, as appropriate. Each document shall include the Proposers name and address. The file with
the FINANCIAL PROPOSAL must be encrypted with a password so that it cannot be opened nor viewed
Page 1 of 33

until the Proposal has been found to pass the technical evaluation stage. Once a Proposal has been found
to be responsive by passing the technical evaluation stage, UNDP shall request the Proposer to submit the
password to open the Financial Proposal. The Proposer shall assume the responsibility for not encrypting
the financial proposal.
The Proposal that complies with all of the requirements, meets all the evaluation criteria and offers the
best value for money shall be selected and awarded the contract. Any offer that does not meet the
requirements shall be rejected.
Any discrepancy between the unit price and the total price shall be re-computed by UNDP, and
the unit price shall prevail and the total price shall be corrected. If the Service Provider does not accept
the final price based on UNDPs re-computation and correction of errors, its Proposal will be rejected.
No price variation due to escalation, inflation, fluctuation in exchange rates, or any other market
factors shall be accepted by UNDP after it has received the Proposal. At the time of Award of Contract or
Purchase Order, UNDP reserves the right to vary (increase or decrease) the quantity of services and/or
goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit
price or other terms and conditions.
Any Contract or Purchase Order that will be issued as a result of this RFP shall be subject to the
General Terms and Conditions attached hereto. The mere act of submission of a Proposal implies that the
Service Provider accepts without question the General Terms and Conditions of UNDP, herein attached as
Annex 3.
Please be advised that UNDP is not bound to accept any Proposal, nor award a contract or
Purchase Order, nor be responsible for any costs associated with a Service Providers preparation and
submission of a Proposal, regardless of the outcome or the manner of conducting the selection process.
UNDPs vendor protest procedure is intended to afford an opportunity to appeal for persons or firms not
awarded a Purchase Order or Contract in a competitive procurement process. In the event that you
believe you have not been fairly treated, you can find detailed information about vendor protest
procedures in the following link:
http://www.undp.org/content/undp/en/home/operations/procurement/protestandsanctions/
UNDP encourages every prospective Service Provider to prevent and avoid conflicts of interest, by
disclosing to UNDP if you, or any of your affiliates or personnel, were involved in the preparation of the
requirements, design, cost estimates, and other information used in this RFP.
UNDP implements a zero tolerance on fraud and other proscribed practices, and is committed to
preventing, identifying and addressing all such acts and practices against UNDP, as well as third parties
involved in UNDP activities. UNDP expects its Service Providers to adhere to the UN Supplier Code of
Conduct found in this link: http://www.un.org/depts/ptd/pdf/conduct_english.pdf
Thank you and we look forward to receiving your Proposal.
Yours sincerely,

Hugo Barillas
Procurement Specialist
UNDP India

Page 2 of 33

Annex 1
Description of Requirements
Context of the
Requirement
Implementing Partner of
UNDP
Brief Description of the
Required Services
List and Description of
Expected Outputs to be
Delivered

Person to Supervise the

Work/Performance of the
Service Provider
Frequency of Reporting
Progress Reporting
Requirements
Location of work

Facilitating Pilot demonstration of energy efficient model buildings

Bureau of Energy Efficiency (BEE), Ministry of Power, Government of
India
Provided in ToR (Annexure 2)
The outputs are as follows .
Task 1 report: Mobilize (Sign up) commitment from potential energy
efficient model buildings cumulating built up area of 200,000 m2
per cluster
Task 2 report: Evaluate and endorse building design drawings,
specifications for ECBC compliance
Task 3 report: Monitor construction progress, provide guidance and
recommendations to align with ECBC
Task 4 report: Review As-built drawings and equipment, confirm
compliance to design
Task 5 report: Acquire, verify performance data and demonstrate 15%
reduction on baseline Energy Performance Index (EPI).
Please note that all reports should be submitted as per reporting format
defined in ToR and relevant annexures.
Programme Analyst, EEU, UNDP

As required
Monthly status and progress reports

Expected duration of work

Target start date
Latest completion date
Travels Expected

As identified and determined by the Contractors and approved by

UNDP
24 months
29 April 2016
31 March 2018
Cluster Cities, refer Table 1 in Annex 2 ToR

Special Security
Requirements

Agency will be responsible for the safety of their team members

and take appropriate measures for the same.

Facilities to be Provided by
UNDP (i.e., must be
excluded from Price
Proposal)
Implementation Schedule
indicating breakdown and
timing of activities/subactivities
Names and curriculum
vitae of individuals who will

Not Applicable

Required

Required

Page 3 of 33

be involved in completing
the services
Currency of Proposal
Value Added Tax on Price
Proposal
Validity Period of Proposals
(Counting for the last day
of submission of quotes)

Partial Quotes
Payment Terms

Person(s) to
review/inspect/ approve
outputs/completed
services and authorize the
disbursement of payment
Type of Contract to be
Signed
Criteria for Contract Award

Criteria for Preliminary

Examination of Proposals

Criteria for Essential

Eligibility/Qualification

Indian Rupees (INR)

must be exclusive of applicable taxes.
120 days
In exceptional circumstances, UNDP may request the Proposer to
extend the validity of the Proposal beyond what has been initially
indicated in this RFP. The Proposal shall then confirm the extension in
writing, without any modification whatsoever on the Proposal.
Not permitted
Deliverable based payment, as mentioned in ToR Annexure 2.
Section 5.0 Deliverables, milestones, timeline and payment schedule,
Table 5 in that section
Programme Analyst, EEU, UNDP

Contract for Professional Services

Compliance on Preliminary Examination of Proposals
Compliance on Essential Eligibility/Qualification requirements
Highest Combined Score (based on the 70% technical offer and
30% price weight distribution)
Full acceptance of the UNDP Contract General Terms and
Conditions (GTC). This is a mandatory criteria and cannot be deleted
regardless of the nature of services required. Non acceptance of the
GTC may be grounds for the rejection of the Proposal.
1.
2.
3.
4.

Technical proposal is submitted separately from Financial proposal

Financial proposal must be password protected
Latest Certificate of Registration of Business submitted
Is the Offeror, or any of its joint venture member, included in UN
Security Council 1267 List, Suspended and Removed vendors list

Essential for Cluster Level Agency (CLA):

1. Agency should have at-least 5 years of experience in the Energy
Efficiency and related areas.
2. Agency should have completed at-least 5 project of approximate
value per project should be about INR 12 Lakhs INR 60 Lakhs
relating to energy efficiency in Buildings sector
3. Agency should have minimum turnover of INR 1.5 Crores/year in
last 3 years .
Note:
1. If bidders do not meet any of the above listed criteria, their proposals will
not be considered for further evaluation.
2. Bidders meeting above listed criteria are required to submit evidences
(details / documents audited financial statements of last 3 years) in support
otherwise proposal may be disqualified.
Page 4 of 33

Criteria for the Assessment

of Proposal

Technical Proposal (70%)

Expertise and experience of the Firm in Energy Efficiency in
Buildings Sector (150 points)
Minimum of 5 completed assignments* in last 5 years: 75 points
For every additional completed assignment: 15 points each up to maximum of
75 points, but for every additional Assignment in progress (not completed):
7.5 points each up to maximum of 75 points

*Please refer definition of assignment defined in ToR.

Expertise and experience of the Firm in providing implementation
support to build energy efficient commercial buildings (150 points)

Minimum of 3 completed assignments : 75 points.

For every additional Assignment completed: 15 points each up to
maximum of 75 points, but for every additional Assignment in
progress (not completed): 7.5 points each up to maximum of 75
points

Quality of proposal illustrating detailed methodology of

implementing the assignment (Total 150 points)
[The scores will be provided based on the evaluation of your
response to]
(i)
description of implementing each task, with detailed
description, timelines [50 marks];
(ii)
content page with description for final cluster report [50
marks]; and
(iii)
any other innovativeness the bidder proposes [50 marks]
Qualification and experience of Cluster Energy Counsellor (CEC)
(150 points)

Minimum Bachelors Degree in Architecture, Engineering or Building

Sciences : 50 points,
Masters in Architecture/Civil Engineering, Buildings Sciences or any
additional post-graduation or specialized degree in building energy/
building energy efficiency: 30 points
Minimum of 5 years of relevant experience: 50 points
For every additional year of relevant experience: 5 points each up to
maximum of 20 points

Organizational Commitment to Sustainability (45 points)

-

Organization is compliant with ISO 14001 or ISO 14064 or equivalent (25

points)
Organization is a member of the UN Global Compact (10 points)
Organization demonstrates significant commitment to sustainability
through some other means (10 points) (for example internal company
policy documents on women empowerment, renewable energies or
membership of trade institutions promoting such issues)

Quality of the sustainability activities or safeguards incorporated

into the proposal (55 points)
Page 5 of 33

Financial Proposal (30%)

To be computed as a ratio of the proposals offer to the lowest price
among the proposals received by UNDP
The Agencies participating in the RFP can bid for one, two, three, four
or all the five clusters.
Financial proposal must be submitted separately for each of the five
clusters.
UNDP will award the
contract to:
Contact Person for
Inquiries
(Written inquiries only)

Five Service Providers one each per cluster or a single agency may
be awarded one or multiple clusters.
Madhukar Rai
Procurement Unit
madhukar.rai@undp.org
Any delay in UNDPs response shall be not used as a reason for
extending the deadline for submission, unless UNDP determines that
such an extension is necessary and communicates a new deadline to
the Proposers.

Other Information

Team members, once proposed cannot be changed without prior

consent of UNDP. Each team member should give a commitment
letter of involvement in the project including their role, approximate
number of days they will be involved. In case of change of team
members, UNDP reserves the right to cancel the contract without
assigning any reason thereof.
Proposals are invited from the institutions/organizations only.
Proposal submitted by Individuals will not be accepted.

Page 6 of 33

Annex 2
Terms of Reference (TOR)
Piloting construction of energy efficient model buildings
1.0 Background
Built environment is a significant contributor to the global warming due to extensive emission of
greenhouse gases (GHGs) from the buildings. Building sector accounts to about 35 percent of total energy
used in India1. In coming years, there is an enormous need for both new residential and commercial
buildings pan India, especially in cities. UNDP is assisting Government of India in leveraging GEF funds and
implementing Energy Efficiency Improvements in Commercial Buildings (EEICB) along with the Bureau
of Energy Efficiency (BEE) as the implementing agency of the project. UNDP-GEF-BEE intervention aims to
address identified barriers namely, informational, capacity, institutional, financial. The project aims to
assist the Government in implementing and operationalizing the Energy Conservation Building Code
(ECBC), through a comprehensive and integrated approach.
For detailed information on the project and related documents, please visit the project page at:
http://www.in.undp.org/content/india/en/home/operations/projects/environment_and_energy/energy
_efficiencyimprovementsincommercialbuildings.html
To demonstrate the benefits of energy efficiency in commercial buildings (EECB), the project intends to
engage services of agencies - consulting firms /NGOs/PSUs/companies who will act as Cluster Level
Agencies. Cluster Level Agencies [CLA] further will depute Cluster Energy Counsellors [CEC] to implement
pilot demonstrations. The target is 1 million m2 of ECBC compliant commercial buildings. The project has
identified few clusters where these model buildings will be constructed which are explained in subsequent
sections. The target will be distributed to five entities. Thus each agency is expected to target 200,000 m2
built up area. UNDP wishes to select and contract this task to competent agencies on a turnkey basis and
thereby invites bids in response to this Request for Proposal (RFP).

2.0 Objective
The objective of the proposed assignment is to select CLAs that will support builders to achieve ECBC
compliance and the project to collect data and learning lessons. Towards this, the assignment aims to
support Piloting construction of energy efficient model buildings [one million m2 ] under the UNDPGEF-BEE project intervention. The pilot demonstration projects need to be picked from various cities of
India aligning with Climatic Zones2. It is also desired to select cities identified under phase I of Smart
Cities Mission (SCM) of Government of India. It is expected that the construction is at faster pace and
aligns with Smart City objectives.
A total of five Cluster Level Agencies (CLAs), one each for five targeted cluster of cities will be selected.
Each CLA will
identify prospective energy efficient model buildings (EEMB) that are keen to include energy
efficiency in their buildings.
select will be on first come first serve basis.
support and handhold designing, implementing and building ECBC compliant commercial
buildings.
monitor and measure the impact of ECBC compliance through Energy Performance Index (EPI)
(kWh/m2/yr) benchmarks and
report actual energy efficiency achieved over a period of one operating year of fully occupied
EEMBs ( Please define acceptance criteria )
1
2

http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23217.pdf
Appendix E of ECBC 2007
Page 7 of 33

The overall duration of the assignment is 24 months from the date of signing contract.

3.0 Scope of work

The assignment targets piloting construction of energy efficient model buildings in 1 million m2 of built up
area in 5 clusters. These cluster of cities have been identified by grouping 20 cities selected under Smart
Cities Mission (SCM) (refer Table1). Each CLA will be assigned with a target built up area of 200,000 m 2
that the project will support. Project will support the cost of services provided by CLAs and small financial
incentive to the builder incorporating energy efficiency measures as per guidelines explained in this RFP.
The Agencies participating in the RFP can bid for one, two, three, four or all the five clusters. A single
agency may be awarded one or multiple clusters. Each CLA will in turn appoint a full time Cluster Energy
Counsellor (CEC) who will be on full time and nodal person for implementing the assignment. The details
of clusters, cities in the respective cluster is tabulated as below.
Table1: Details of cities grouped under Climatic Zone based Clusters
Sl. No.

Cluster

Composite 1 Zone
[Central]

Composite 2 Zone
[North]

Warm and humid 1

Zone
[South]

Warm and humid 2

Zone
[East]

5
Hot and dry Zone
[West]
Total

Cities in the cluster*

Jabalpur, Madhya Pradesh
Indore, Madhya Pradesh
Bhopal, Madhya Pradesh
Jaipur, Rajasthan
New Delhi Municipal Corporation, Delhi
Ludhiana, Punjab
Kochi, Kerala
Davangere, Karnataka
Coimbatore, Tamil Nadu
Belagavi, Karnataka
Chennai, Tamil Nadu
Bhubaneswar, Odisha
Visakhapatnam, Andhra Pradesh
Kakinada, Andhra Pradesh
Guwahati, Assam
Pune, Maharashtra
Surat, Gujarat
Ahmedabad, Gujarat
Solapur, Maharashtra
Udaipur, Rajasthan
20

*the list is based on first list of 20 Smart cities selected under Smart Cities Mission (SCM). Name of cities
in clusters may be changed with mutual consent between UNDP and the CLA.
Each CLA is will
be responsible to support Piloting construction of energy efficient model buildings in 200,000 m2
of commercial built up area in a cluster.
depute at least one CEC. CEC will be full time for 24 months or till completion of all tasks outlined
in this RFP for 200,000 m2. However, completion of the task is the important deliverable.
submit monthly compliance and progress report of the assignment to UNDP. (Refer to Appendix
5 for suggested reporting format).
The scope of work for CLA includes following tasks
Task 1. Mobilize (Sign up) commitment from potential energy efficient model building developer/s
cumulating to built up area of 200,000 m2 per cluster
Task 2. Evaluate and endorse building design drawings, specifications for ECBC compliance. Assess
baseline EPI based on building simulation.
Page 8 of 33

 Task 3. Monitor construction progress, provide guidance and recommendations to align with ECBC
Task 4. Review As-built drawings and equipment, confirm compliance to design
Task 5. Acquire, verify performance data and demonstrate 15% reduction on baseline EPI
The above tasks are detailed out in subsequent sections;
3.1 Task 1 Mobilize (Sign up) commitment from potential Energy Efficient Model Buildings (EEMBs)
The CLA will be responsible to mobilize commitment from building/s with target built up area of
200,000 m2 in a cluster. The target can be achieved through one or many buildings. These buildings
are called energy efficient model buildings (EEMB)3 under the project. The CLA may adopt different
methods to choose EEMBs such as e-advertisements/ paper or other print media, cluster
meetings/association meetings, etc. However, at least one public advertisement in English/ local
newspaper is essential to maintain transparency in selection. Further, CLA must use the criteria as
outlined in Appendix 1. The energy efficiency measures are expected to provide significant benefits
to EEMBs. The benefits to the EEMBs are outlined in Appendix 1a.
The agency should provide details and methods on how they intend to engage, mobilize to sign-up
the EEMBs. These costs should be included in the financial proposal as part of this RFP response.
The output of this task are the following;
Signed Expression of Interest (EOI). Suggested format is given in Appendix 2.
Commitment through signed affidavit in the specified format as given in Appendix 3.
Output/s to be submitted to UNDP
Task 1 report: list of buildings with one page profile on each building and copy of signed
affidavits
Timeline
The above two outputs must be achieved within 3 months of signing the contract.

3.2 Task 2. Evaluate, endorse building design drawings, specifications for ECBC compliance and assess
baseline EPI based on building simulation.
CLAs should support EEMBs in reviewing and handholding during designing phase to ensure both
mandatory and prescriptive ECBC compliant requirements are incorporated in the new commercial
building/s. Following are the expected activities by CLA/CEC under this task:
CLAs/CECs to evaluate concept/schematic building design prepared by EEMBs
CLAs/CECs to provide recommendations on the concept design by EEMBs to align with ECBC
compliance using integrated design approach. ECBC 2007 is the basis for all design considerations
of Envelope, HVAC, Hot water and pumping, Lighting, electrical power components and systems.
CLAs/CECs to provide inputs to make EEMB design, to meet all mandatory requirements of ECBC
for applicable climatic zone of each EEMB
CLAs/CECs to provide technical standards and specifications of material and equipment to meet
ECBC.
CLAs/CECs to ensure and confirm ECBC design elements are incorporated in the final design
drawings and specifications. If EEMB choses Whole Building Performance method, as compliance

Please note, neither CLA nor CEC as an agency or on individual capacity should have any stake,
contractual, professional or financial arrangement with EEMBs either with model building/s chosen
under this project or other buildings/projects/assignments. If UNDP establishes such conflict of interest,
UNDP reserves the right to terminate services of CLAs/CECs.
3

Page 9 of 33

check, CLAs should use appropriate simulation software (ECOnirman WBP, eQUEST, etc.,) to
demonstrate ECBC compliance as described in the code as well as in ECBC user guide4.
CLAs/CECs to ensure the design includes real time building performance monitoring (Building
Management System -BMS), and consumption data acquisition systems (GPRS enabled Smart
Meters).
Make an assessment of baseline EPI using the Building management system software.
CLAs/CECs to validate and submit the ECBC compliant final design drawings and specifications to
UNDP
CLAs/CECs to coordinate between EEMBs and UNDP and facilitate release of milestone based
financial incentive to EEMBs. Refer to Appendix 4 for the Financial Incentive payment schedule
to EEMBs.

The outputs of this task are the following:

A task 2 report to be submitted to UNDP by CLA/CEC that should have details of
o Original building design submitted by the builder
o building wise validated (by CLA/CEC) design drawings incorporating mandatory provisions
of ECBC
o Load calculations with list of approved (by CLA/CEC) equipment and material
specifications
o Input and output compliance report of simulation modelling of Standard Design and
Proposed Design as per Whole Building Performance method specified in ECBC
o Baseline EPI
A recommendation letter by CLA/CEC to UNDP to release first tranche of financial incentive to
eligible EEMBs.
Timeline

These task outputs must be achieved within 6 months of signing the contract
3.3 Task 3. Monitor construction progress, provide guidance and recommendations to align with ECBC
Post design approval, CLA/CEC will regularly monitor the construction progress and offer support and
recommendations to EEMBs. Expert advice and services of CLA/CEC should be available to EEMBs on
demand. CLA/CEC expected to mentor buildings in order to align with ECBC design objectives during
construction phase through following tasks:
CLA/CEC will visit each EEMB periodically [at least once in a quarter] and supervise the building
progress during construction phase. CECs will nudge the EEMBs to maintain timely construction
schedule.
CLA/CEC will facilitate selection of equipment that are appropriate high performance, certified
wherever applicable
CLA/CEC to provide list of vendors/suppliers of energy efficient building materials, equipment,
etc. to EEMBs
CLA/CEC to support EEMBs during material and equipment procurement process, review and
validate bill of materials (BoM) and equipment of each building
CLA/CEC should be available for guidance, provide inputs to contractors, vendors of EEMB and
ensure that design objectives are met during construction progress

http://www.eco3.org/ecbc-user-guide/
Page 10 of 33

 CLA/CEC should coordinate between EEMBs and UNDP and facilitate release of milestone based
financial incentive to EEMBs. Refer to Appendix 4 for the Financial Incentive payment schedule
to EEMBs
Outputs:
Task 3 report to be submitted to UNDP by CLA/CEC that should include details of
o building wise construction progress status with details of support provided to individual
EEMBs
o validated bill of materials and equipment (by CLA/CEC) that EEMBs have procured and
installed
A recommendation letter to UNDP by CLA/CEC to release second tranche of financial incentive to
eligible EEMBs
Timeline

The above output must be achieved within 12-15 months of signing the contract
3.4 Task 4. Review As-built drawings and equipment, confirm compliance to design
Once construction phase is over, the CEC will review all the As-built drawings and equipment specifications
installed at EEMBs. CLA/CEC will conduct following activities:
CLA/CEC to procure As-built drawings, building completion and equipment commissioning reports
from EEMBs
CLA/CEC to conduct onsite detailed review and evaluate building and check conformity to the Asbuilt drawings and specifications vis--vis endorsed design drawings
CLA/CEC to ascertain and confirm to UNDP that the building are implemented for all mandatory
provisions, as required for ECBC compliance especially prescriptive method.
CLA/CEC should coordinate between EEMBs and UNDP and facilitate release of milestone based
financial incentive to EEMBs. Refer to Appendix 4 for the Financial Incentive payment schedule
to EEMBs
Outputs:
Task 4 report to be submitted to UNDP by CLA/CEC that should include details of
o Building wise confirmation of As-built drawings matching with approved design drawings,
material and equipment specification
o Building wise ECBC compliance/conformity check report (by CLA/CEC) as specified in
Appendices of ECBC code
A recommendation letter to UNDP by CLA/CEC to release third tranche of financial incentive to
eligible EEMBs.
Timeline:

The above output must be achieved within 18 months of signing the contract
3.5 Task 5. Acquire, Verify performance data and demonstrate 15% reduction on baseline EPI
CLA/CEC play a critical role in the final phase of this assignment. Task 5 is to acquire, measure, track
performance data from each EEMB and analyze EPI data. They also need to establish 15% or more
reduction compared to baseline EPI benchmarks5. Below are the Tasks that CLA/CEC would implement.
CLA/CEC will track the phased occupancy of each EEMB after building is commissioned.

Baseline EPI (kWh/m2/yr) benchmark given in Table 3 is based on a study conducted by BEE on EPI benchmark
performance in various types of commercial buildings
Page 11 of 33

 CLA/CEC will ensure to get access to real time performance data from Smart Meters installed as
part of approved building design and commitment from EEMBs. Data logging and compiling
should preferably at 1 hour frequency.
CLAs/CECs to ensure to capture operating variables such as part load conditions, part occupancy
and full occupancy conditions (upto 80% is considered as full occupancy).
CLA/CEC will analyse the data: day-wise performance, weekly, monthly and for the year [including
EPI].
CLA/CEC will compare EPI actual with EPI baseline benchmarks as given in Table 3. It is expected
that energy efficiency measures incorporated will reduce at least 15% of the EPI baseline
benchmark.
CLA/CEC will facilitate all EEMBs share raw and analyzed data with UNDP project from each
project beneficiary EEMB
CLA/CEC will prepare and submit to UNDP a Final Cluster Impact Report CIR incorporating the
overall project achievements in the cluster, (about 200 pages)6.
CLA/CEC will coordinate between EEMBs and UNDP and facilitate release of milestone based
financial incentive to EEMBs. Refer to Appendix 4 for the Financial Incentive payment schedule
to EEMBs.
Outputs:

Task 5 report to be submitted to UNDP by CLA/CEC that should include details of

o Building wise EPI data, analyzed and modelled hourly graphs in a day, day-wise
performance for the month and month-wise performance for the year.
o Demonstrating 15% or more reduction to baseline EPI benchmarks
A recommendation letter to UNDP by CLA/CEC to release final tranche of financial incentive to
eligible EEMBs.
Final Cluster Impact Report CIR [Part 1 Consolidated and Part 2 Building wise]
(Summary 2-3 pages; Baseline drawing, EPI, Gaps in achieving ECBC compliance and
recommendations by CLA; Implementation progress summary; EPI post construction, Impacts
created by intervention, etc.)
Timeline:

The above output must be achieved within 24 months of signing the contract
Table 3. Baseline EPI for different building categories [kWh per square meter per year]
Type
Warm &
Composite
Hot & Dry
Moderate
humid
Office building, less than 50% Air101
86
90
94
conditioning
Office building with more than
182
179
173
179
50% Air-conditioning
Shopping mall
428
327
273
257
BPOs
452
437
433
Hotels upto 3 star
215
201
167
107
Hotels above 3 star
333
290
250
313
Hospitals
275
264
261
247
Institutes
150
117
106
129
[Reference: Energy Benchmarks for Commercial Buildings, PMU UNDP-GEF-BEE Project]

Simple
average
93
178
321
440
173
297
262
126

Sample of CIR - https://cleanenergysolutions.org/sites/default/files/documents/ecbc_released_version.pdf

Page 12 of 33

4.0 Duration of the Project

The expected duration of this assignment is 24 months [1st April 2016 to 31 March 2018].

5.0 Deliverables, milestones and payment schedule

The Task based deliverables, milestones, timelines and payment schedule will be as follows:

Serial
Number

Table 5. Deliverables, milestones, timelines, payment schedule

CLA/CEC should achieve all Tasks in 100% of 200,000 m2 cluster target

Deliverable

Milestones*

Task 1 report: Mobilize (Sign up)

commitment from potential
energy efficient model buildings
cumulating built up area of
200,000 m2 per cluster

Task 2 report: Evaluate, endorse

building design drawings,
specifications for ECBC
compliance and estimate
Baseline EPI

Task 3 report: Monitor

construction progress, provide
guidance and recommendations
to align with ECBC

Task 4 report: Review As-built

drawings and equipment,
confirm compliance to design

Timelines

Payment
schedule

Signed Expression of Interest (EOI) in Month 1-3

specified format.
Commitment through signed
affidavit in the specified format

20%

Month 1-6

20%

Month 6
18

10%

Month 12 18

20%

A task report to be submitted by

CLA/CEC that should have details of
o building wise validated
design drawings
incorporating mandatory
provisions of ECBC
o Load calculations with list of
approved equipment and
material specifications
o Input and output
compliance report of
simulation modelling of
Standard Design and
Proposed Design as per
Whole Building Performance
method specified in ECBC
A recommendation letter by
CLA/CEC to release first tranche of
financial incentive to eligible EEMBs
A task report to be submitted by
CLA/CEC that should include details
of
o building wise construction
progress status with details
of support provided to
individual EEMBs
o validated bill of materials
and equipment that EEMBs
have procured and installed
A recommendation letter by
CLA/CEC to release second tranche
of financial incentive to eligible
EEMBs
A task report to be submitted by
CLA/CEC that should include details
of
Page 13 of 33

Task 5 report: Acquire, verify

performance data and
demonstrate 15% reduction on
baseline EPI

Final Cluster Impact Report CIR

[Part 1 Consolidated and Part 2
Building wise]

Building wise confirmation

of As-built drawings
matching with approved
design drawings, material
and equipment specification
o Building wise ECBC
compliance/conformity
check report as specified in
Appendices of ECBC
A recommendation letter by
CLA/CEC to release third tranche of
financial incentive to eligible EEMBs.
Month 12 A task report to be submitted to
24
UNDP by CLA/CEC that should
include details of
Building wise EPI data, analyzed and
modelled hourly graphs in a day,
day-wise performance for the
month and month-wise
performance for the year
o Demonstrating 15% or more
reduction on baseline EPI
benchmarks .
report actual energy efficiency
achieved over a period of one
operating year of fully occupied
EEMBs .

30%

A recommendation letter by
CLA/CEC to release final tranche of
financial incentive to eligible
EEMBs.A Final Cluster Impact Report
(CIR)

CLAs must submit monthly compliance and progress report as per format in
Appendix 5
*UNDP reserves the right to review, approve or reject the requests for extension of deadline, prorated milestone payments for
not meeting the deliverables within the specified timelines.

Page 14 of 33

Appendix 1

Criteria for selection of Energy Efficient Model Building

A building qualifies for selection as Energy Efficient Model Building (EEMB) for Piloting construction of
energy efficient model buildings under UNDP-GEF-BEE project on Energy Efficiency Improvements in
Commercial Buildings on meeting the following criteria:
1. The building is new construction and at the concept/schematic design stage.
2. The proposed EEMB building is a commercial building as per definition of Bureau of Energy
Efficiency/[consumer (as per local utility tariff definition) with a proposed connected load of
100kW and above or contract demand of 120 kVA or above.
3. Intents to include energy efficiency measures/ comply to ECBC by signing an Expression of
Interest (EoI) along with an affidavit duly signed by authorised signatory with company seal.
4. Willing to share the data relating to energy consumption, share data, and allow Energy
Performance Index (EPI) calculations
5. Willing to allow project personnel to monitor, collect data. Also willing to allow visitors who wants
to learn energy efficiency measures in the building during the period of construction and at
least12 months post construction.

Appendix 1a

Benefits to EEMBs participating in the project Piloting construction of energy

efficient model buildings
EEMBs will get the following benefits by signing up to and implementing the energy efficiency under
the project, namely,
Receive expert guidance from Cluster Level Agency/ Cluster Energy Counsellor in reviewing the
design for its compliance to ECBC
Receive expert analysis of estimated (i) potential energy saving [yearly and life time], (ii)
reduction of GHG emissions [yearly and life time] and (iii) cost-benefits on investments at design
stage and post implementation stage
Receive support during implementation of energy efficiency measures in buildings, in identifying
material specifications, potential list of vendors who can supply the material
Receive design drawing assessment post implementation
Receive Financial Incentive of about USD 1 per m2 for successful design and completion of ECBC
compliant commercial building under this project
Receive technical assistance in logging data on energy consumption, analyzing data and
estimating EPI
Receive a consolidated report on their building outlining (i) original case, (ii) interventions
designed under the project, (iii) anticipated benefits, (iv) project interventions, (v) quantification
of benefits, etc.

Page 15 of 33

Appendix 2

EXPRESSION OF INTEREST
Piloting construction of energy efficient model buildings
1. GENERAL DETAILS
Name of the Company :
Name of the Authorised person Chairman/ Managing Director/ Director / Promoter
Address :

Phone :
Mobile :
Fax :
Email :
Website :
Registration of the Company

(A copy of Registration Certificate):

Registration under Shops and Establishments

(or any other local government license):

2. BUILDING APPROVAL DETAILS
Name of the project :
Proposed use of the Building :
Total land area and address :
Total cost of the project :
Date of commencement :
Sources of funding (INR) :
Stage of the building Site Permit, Concept, Design :

Proposed built up area in m2 :

Proposed air conditioned area :
Proposed electricity demand
Connected Load or Contract Demand:

Details of Plan approvals from all Authorities

(list and attach all licenses obtained till date to build)

3. CONCEPT DESIGN DETAILS

Details of the land, zone and elevation:
Design intent/philosophy if any :
Details of the Building Architect if engaged
Details of concept design if available:
Page 16 of 33

 Details of Contractors, Vendors, Suppliers if available

Details of Materials, Equipment, if available :

*****

DECLARATION
I / We, hereby declare that the information given above and the statement and other documents
enclosed here to are, to the best of our knowledge and belief, are true and correct.
I/ We, hereby express our interest to build an energy efficient, ECBC compliant commercial
building and hereby applying to become energy efficient model building (EEMB) to participate
and receive prescribed financial incentive under the project Energy Efficiency Improvements in
Commercial Buildings. We intend to demonstrate compliance by Prescriptive method / Whole
Building Performance method and happy to share model buildings Energy Performance Index
(EPI) data with the project in lieu of financial incentive received.

Place :

Signature(s) :
Date :
Name and Designation (Authorized Signatory)

Seal of the Company

Attested by: Notary

Note: All enclosures should be notarized

Page 17 of 33

Appendix 3

AFFIDAVIT
Piloting construction of energy efficient model buildings
I___________________________________s/o or d/o __________________________ working as full
time Chairman/ Managing Director/ Director/Authorized Signatory/________________________ of
__________________________________Company, do hereby solemnly affirm & declare as under:

1. I say that I have completely understood the objectives of the UNDP-GEF-BEE project, the energy
efficiency design intent prescribed in Energy Conservation Building Code (ECBC) being promoted
by the project and the envisaged benefits over the operational period of the building.
2. I say that the proposed building has all legal and statutory compliances required to build and
operate the commercial building. I confirm to adhere to all necessary local, state and central
approvals and licenses thereof.
3. I say that I would be glad to be selected as energy efficient model building (EEMB) to pilot ECBC
compliance, assessed based on my choice of either prescriptive or performance method.
4. I say that I am readily willing to seek support, guidance and collaborative working relationship
with Cluster Level Agency (CLA)/ Cluster Energy Counsellor (CEC) and incorporate energy efficient
design and construction to align with ECBC compliance.
5. I say that I confirm to make required incremental investment towards energy efficient design and
equipment as I am aware of quick payback of such investment, while caring for the Environment.
6. I say that I strive to build and commission the building within agreed time frame, incorporating
energy efficiency design concepts. I say that I am aware that delayed construction time line and
non-cooperation with CLA/CEC might have negative consequences that might even lead to
curtailing or cancelling the financial incentive under the project.
7. I say that I am willing to install latest online building equipment and performance monitoring,
measurement and consumption data logging systems (BMS, Smart Meters, etc.).
8. I say that I am willing to share raw data and provide access to online real time data with the UNDPGEF-BEE project.
9. I say that I express my willingness to entertain high profile visitors to the project building/s. Willing
to allow pre-registered visitors to the learn from the demo project for a period of 2 years after
the successful implementation of the project.

DEPONENT
(With signature and company seal)

Page 18 of 33

Appendix 4

The Financial Incentive payment schedule to EEMB

Phase wise Deliverables, milestones, timelines, payment schedule
EEMB (Financial Incentive USD 1 per m2)
Milestone

Phases

Deliverable

CLAs/CECs authorize validated Approved

Design drawings (pre-construction),
from EEMBs
CLAs/CECs authorize validated bill of
materials as proof of procurement by
EEMBs
CLAs/CECs authorize validated As-Built
Design drawings (post construction),
and compliance check that EEMBs
meeting ECBC design intent
CLAs/CECs validate EEMBs meeting 15%
reduced EPI Benchmark

ECBC design intent

incorporated

Month 1

Milestone
Payment
Schedule
25%

ECBC compliant equipment and

building material procured

Month 3

25%

ECBC compliant design intent

implemented

Month 12

Demonstrated one year of

operating compliance

Month 24

25%
(or 35% if
timelines are
met)
25%
(rest 15%)

Page 19 of 33

Timelines*

Appendix 5

Format of the Monthly Progress and Compliance Report by Cluster Energy

Counsellor
1.
2.
3.
4.
5.
6.
7.

Reporting Date/Month:
Name of the Cluster:
Name of the Cluster Level Agency:
Name of Cluster Energy Counsellor:
Total Built up mobilized (EOI and Affidavit Signed and Accepted by project):
Total built up area yet to be mobilized (within the target if any):
Status/Progress from each of the Project Beneficiary Building:

Sl.No. Cluster City

EEMB

Tasks where Progress is Detailed

being reported
description

1.

Ahmedabad

XYZ Builder

Task1
Task2

Surat

ABC Co.

Page 20 of 33

Concerns and
how
you
intend
to
overcome

6.0 Provide Technical and financial proposals separate

Technical proposal should consist of following [ensure the
cover page as page no. 1];
S.N Documentation
1
Cover page providing title of the proposed
assignment, bidders details [Lead bidder and others]
2
Content page with page numbers
3
Covering letter by lead agency
Commitment letters by other agencies in consortium
if any
4
Criteria for the Assessment of Proposal
4.1

4.2

4.3

4.4

5
6

document has continuous page numbers

Remarks [provide page nos.]
1 page
1 page
1 page per agency

Relevant experience of the firm or the consortium in 5 pages [title of the assignment, builtenergy efficient buildings sector
up area, nature of building, cost,
completed date/proposed date of
completion, role of the firm, brief
description]
Relevant experience of the firm or the consortium in 5 pages [title of the assignment, nature
design or consultancy or operation of energy efficient of building, cost, completed/proposed
commercial buildings
date of completion, role of the firm,
brief description]
Detailed methodology and contents of Final Cluster Max. 5 pages
Impact Report: innovativeness in implementing the You can present brief description on
proposed assignment
means of achieving every Task
mentioned in ToR; the sample content
page with innovative chapterisation
with a brief description of Final Cluster
Impact Report (CIR). This will help
evaluating the understanding of the
tasks and documentation style of
bidder
Team
Max 3 page CV of Team Lead and/or
CEC
Signed commitment letter of each
team member for the proposed
assignment mentioning the number of
months.
Other documents as requested in the RFP
Has the agency been black listed by Government of Pl. mention on a page which agency
India or UNDP?
has black listed, reasons given by
them. You can provide your response.

Page 21 of 33

Annex 3

FORM FOR SUBMITTING SERVICE PROVIDERS

TECHNICAL PROPOSAL
(This Form must be submitted only using the Service Providers Official Letterhead/Stationery7)

[insert: Location].
[insert: Date]
To: [insert: Name and Address of UNDP focal point]

Dear Sir/Madam:
We, the undersigned, hereby offer to render the following services to UNDP in conformity
with the requirements defined in the RFP dated [specify date] , and all of its attachments, as well
as the provisions of the UNDP General Contract Terms and Conditions:
A.

Qualifications of the Service Provider

The Service Provider must describe and explain how and why they are the best entity that can deliver the
requirements of UNDP by indicating the following:
a) Profile describing the nature of business, field of expertise, licenses, certifications, accreditations;
b) Business Licenses Registration Papers, Tax Payment Certification, etc.
c) Latest Audited Financial Statement income statement and balance sheet to indicate its financial
stability, liquidity, credit standing, and market reputation, etc. ;
d) Track Record list of clients for similar services as those required by UNDP, indicating description of
contract scope, contract duration, contract value, contact references;
e) Certificates and Accreditation including Quality Certificates, Patent Registrations, Environmental
Sustainability Certificates, etc.
f) Written Self-Declaration that the company is not in the UN Security Council 1267/1989 List, UN
Procurement Division List or Other UN Ineligibility List.

B.

Proposed Methodology for the Completion of Services

The Service Provider must describe how it will address/deliver the demands of the RFP; providing a detailed
description of the essential performance characteristics, reporting conditions and quality assurance
mechanisms that will be put in place, while demonstrating that the proposed methodology will be
appropriate to the local conditions and context of the work.

Official Letterhead/Stationery must indicate contact details addresses, email, phone and fax numbers for
verification purposes
Page 22 of 33
7

C.

Qualifications of Key Personnel

The Service Provider must provide:

a)

Names and qualifications of the key personnel that will perform the services indicating who is Team
Leader, who are suing, etc.;
b) CVs demonstrating qualifications must be submitted if required by the RFP; and
c) Written confirmation from each personnel that they are available for the entire duration of the
contract.

[Name and Signature of the Service Providers

Authorized Person]
[Designation]
[Date]

Page 23 of 33

Annex 4

FORM FOR SUBMITTING SERVICE PROVIDERS

FINANCIAL PROPOSAL
A. Cost Breakdown per Deliverable*

Serial
Number

Name of the Cluster: North

CLA/CEC should achieve all Tasks in 100% of 200,000 m2 cluster target

Deliverable

Milestone

Task 1. Mobilize (Sign up)

commitment from
potential energy efficient
model buildings cumulating
built up area of 200,000 m2
per cluster

Signed Expression of Interest (EOI) in

specified format.

Commitment through signed affidavit

in the specified format

Task 2. Evaluate, endorse

building design drawings,
specifications for ECBC
compliance and estimate
baseline EPI

A task report to be submitted by

CLA/CEC that should have details of
o building wise validated design
drawings incorporating
mandatory provisions of ECBC
o Load calculations with list of
approved equipment and
material specifications
o Input and output compliance
report of simulation modelling
of Standard Design and
Proposed Design as per Whole
Building Performance method
specified in ECBC

A recommendation letter by CLA/CEC to

release first tranche of financial
incentive to eligible EEMBs

A task report to be submitted by

CLA/CEC that should include details of
o building wise construction
progress status with details of
support provided to individual
EEMBs
o validated bill of materials and
equipment that EEMBs have
procured and installed
A recommendation letter by CLA/CEC to
release second tranche of financial
incentive to eligible EEMBs

10%

A task report to be submitted by

CLA/CEC that should include details of

20%

Task 3. Monitor
construction progress,
provide guidance and
recommendations to align
with ECBC
3

Payment
schedule

Task 4. Review As-built

drawings and equipment,

Page 24 of 33

20%

20%

Amount
in INR

confirm compliance to
design

Task 5. Acquire, verify

performance data and
demonstrate 15%
reduction on baseline EPI

Building wise confirmation of

As-built drawings matching with
approved design drawings,
material and equipment
specification
o Building wise ECBC
compliance/conformity check
report as specified in
Appendices of ECBC
A recommendation letter by CLA/CEC to
release third tranche of financial
incentive to eligible EEMBs.

Submit a final closure

report

30%
A task report to be submitted to
UNDP by CLA/CEC that should
include details of
o Building wise EPI data,
analyzed and modelled
hourly graphs in a day, daywise performance for the
month and month-wise
performance for the year
report actual energy efficiency
achieved over a period of one
operating year of fully occupied
EEMBs .

Demonstrating 15% or more

reduction on baseline EPI
benchmarks
A recommendation letter by
CLA/CEC to release final tranche of
financial incentive to eligible EEMBs.
A 200 pager Final Cluster Impact
Report (CIR)

*This will be basis of the payment tranches [it will be percentage of total cost of assignment per
cluster or task-wise budget whichever is lower]
B. Cost Breakdown by Cost Component: (Bidders are requested to quote for all components including
all costs associated, otherwise their proposal will not be considered for financial evaluation)

Budget for Cluster 1. Head-wise budget

Description of heads

Remuneration Total Period of

No. of
per Unit of Time Engagement Personnel

I. Total Manpower cost

a. Team Lead
b. Cluster Energy Counsellor
(CEC) mandatory
c. Associate 1
d. Associate 2
Page 25 of 33

Amount,
INR

II. a. Travel
II. b. Accommodation costs
III. Communication
IV. Adv., Campaign costs
V. Misc. costs [mention]
Total

Budget for Cluster 2.

Description of Activity

Remuneration Total Period of

No. of
per Unit of Time Engagement Personnel

Amount,
INR

Remuneration Total Period of

No. of
per Unit of Time Engagement Personnel

Amount,
INR

Remuneration Total Period of

No. of
per Unit of Time Engagement Personnel

Amount,
INR

I. Total Manpower cost

a. Team Lead
b. Cluster Energy Counsellor
(CEC) mandatory
c. Associate 1
d. Associate 2
II. a. Travel
II. b. Accommodation costs
III. Communication
IV. Simulation software, if any
V. Misc. costs [mention]
Total

Budget for Cluster 3

Description of Activity
I. Total Manpower cost
a. Team Lead
b. Cluster Energy Counsellor
(CEC) mandatory
c. Associate 1
d. Associate 2
II. a. Travel
II. b. Accommodation costs
III. Communication
IV. Misc. costs [mention]
Total

Budget for Cluster 4.

Description of Activity
I. Total Manpower cost
a. Team Lead
b. Cluster Energy Counsellor
(CEC) mandatory
c. Associate 1

Page 26 of 33

d. Associate 2
II. a. Travel
II. b. Accommodation costs
III. Communication
IV. Misc. costs [mention]
Total
Budget for Cluster 5.
Description of Activity

Remuneration Total Period of

No. of
per Unit of Time Engagement Personnel

Amount,
INR

I. Total Manpower cost

a. Team Lead
b. Cluster Energy Counsellor
(CEC) mandatory
c. Associate 1
d. Associate 2
II. a. Travel
II. b. Accommodation costs
III. Communication
IV. Cluster Impact Report cost
V. Misc. costs [mention]
Total

Note:

The Agencies participating in the RFP can bid for one, two, three, four or all the five clusters
A single agency may be awarded one or multiple clusters, at the discretion of UNDP
Financial proposal must be submitted separately for each of the five clusters.

[Name and Signature of the Service Providers Authorized

Person]
[Designation]
[Date]

Page 27 of 33

Annex 5
General Terms and Conditions for Services
1.0 LEGAL STATUS:
The Contractor shall be considered as having the legal status of an independent contractor vis--vis the
United Nations Development Programme (UNDP). The Contractors personnel and sub-contractors shall
not be considered in any respect as being the employees or agents of UNDP or the United Nations.
2.0 SOURCE OF INSTRUCTIONS:
The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection
with the performance of its services under this Contract. The Contractor shall refrain from any action that
may adversely affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard
to the interests of UNDP.
3.0 CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES:
The Contractor shall be responsible for the professional and technical competence of its employees and will
select, for work under this Contract, reliable individuals who will perform effectively in the implementation
of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.
4.0 ASSIGNMENT:
The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part
thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior
written consent of UNDP.
5.0 SUB-CONTRACTING:
In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior
written approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a sub-contractor
shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract
shall be subject to and conform to the provisions of this Contract.
6.0 OFFICIALS NOT TO BENEFIT:
The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by
the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor
agrees that breach of this provision is a breach of an essential term of this Contract.
7.0 INDEMNIFICATION:
The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its officials,
agents, servants and employees from and against all suits, claims, demands, and liability of any nature or
kind, including their costs and expenses, arising out of acts or omissions of the Contractor, or the
Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract. This
provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products
liability and liability arising out of the use of patented inventions or devices, copyrighted material or other
intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The
obligations under this Article do not lapse upon termination of this Contract.
8.0 INSURANCE AND LIABILITIES TO THIRD PARTIES:
8.1

The Contractor shall provide and thereafter maintain insurance against all risks in respect of its
property and any equipment used for the execution of this Contract.
Page 28 of 33

8.2

The Contractor shall provide and thereafter maintain all appropriate workmen's compensation
insurance, or the equivalent, with respect to its employees to cover claims for personal injury or
death in connection with this Contract.

8.3

The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount
to cover third party claims for death or bodily injury, or loss of or damage to property, arising from
or in connection with the provision of services under this Contract or the operation of any vehicles,
boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants,
employees or sub-contractors performing work or services in connection with this Contract.

8.4

Except for the workmen's compensation insurance, the insurance policies under this Article shall:
8.4.1 Name UNDP as additional insured;
8.4.2 Include a waiver of subrogation of the Contractor's rights to the insurance carrier against
the UNDP;
8.4.3 Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior
to any cancellation or change of coverage.
8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the
insurance required under this Article.

9.0 ENCUMBRANCES/LIENS:
The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be
placed on file or to remain on file in any public office or on file with the UNDP against any monies due or to
become due for any work done or materials furnished under this Contract, or by reason of any other claim
or demand against the Contractor.
10.0 TITLE TO EQUIPMENT:
Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such
equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the
Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to
the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate UNDP for
equipment determined to be damaged or degraded beyond normal wear and tear.
11.0 COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS:
11.1

Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to
all intellectual property and other proprietary rights including, but not limited to, patents,
copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or
documents and other materials which the Contractor has developed for the UNDP under the
Contract and which bear a direct relation to or are produced or prepared or collected in
consequence of, or during the course of, the performance of the Contract, and the Contractor
acknowledges and agrees that such products, documents and other materials constitute works
made for hire for the UNDP.

11.2

To the extent that any such intellectual property or other proprietary rights consist of any
intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the
performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may
develop or acquire, or may have developed or acquired, independently of the performance of its
obligations under the Contract, the UNDP does not and shall not claim any ownership interest
thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual
property or other proprietary right solely for the purposes of and in accordance with the
requirements of the Contract.

11.3

At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary
documents and generally assist in securing such proprietary rights and transferring or licensing
them to the UNDP in compliance with the requirements of the applicable law and of the Contract.
Page 29 of 33

11.4

Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports,
estimates, recommendations, documents, and all other data compiled by or received by the
Contractor under the Contract shall be the property of the UNDP, shall be made available for use
or inspection by the UNDP at reasonable times and in reasonable places, shall be treated as
confidential, and shall be delivered only to UNDP authorized officials on completion of work under
the Contract.

12.0 USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS:
The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor
shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE
United Nations, or any abbreviation of the name of UNDP or United Nations in connection with its business
or otherwise.
13.0 CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION:
Information and data that is considered proprietary by either Party and that is delivered or disclosed by one
Party (Discloser) to the other Party (Recipient) during the course of performance of the Contract, and
that is designated as confidential (Information), shall be held in confidence by that Party and shall be
handled as follows:
13.1

The recipient (Recipient) of such information shall:

13.1.1

13.1.2
13.2

use the same care and discretion to avoid disclosure, publication or dissemination of the
Disclosers Information as it uses with its own similar information that it does not wish to
disclose, publish or disseminate; and,
use the Disclosers Information solely for the purpose for which it was disclosed.

Provided that the Recipient has a written agreement with the following persons or entities
requiring them to treat the Information confidential in accordance with the Contract and this
Article 13, the Recipient may disclose Information to:
13.2.1
13.2.2

any other party with the Disclosers prior written consent; and,
the Recipients employees, officials, representatives and agents who have a need to know
such Information for purposes of performing obligations under the Contract, and
employees officials, representatives and agents of any legal entity that it controls it, or
with which it is under common control, who have a need to know such Information for
purposes of performing obligations under the Contract, provided that, for these purposes
a controlled legal entity means:
13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether
directly or indirectly, over fifty percent (50%) of voting shares thereof; or,
13.2.2.2 any entity over which the Party exercises effective managerial control; or,
13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.

13.3

The Contractor may disclose Information to the extent required by law, provided that, subject to
and without any waiver of the privileges and immunities of the United Nations, the Contractor will
give the UNDP sufficient prior notice of a request for the disclosure of Information in order to allow
the UNDP to have a reasonable opportunity to take protective measures or such other action as
may be appropriate before any such disclosure is made.

13.4

The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN,
resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General.

13.5

The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient
from a third party without restriction, is disclosed by the Discloser to a third party without any
obligation of confidentiality, is previously known by the Recipient, or at any time is developed by
the Recipient completely independently of any disclosures hereunder.
Page 30 of 33

13.6

These obligations and restrictions of confidentiality shall be effective during the term of the
Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall
remain effective following any termination of the Contract.

14.0 FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

14.1

In the event of and as soon as possible after the occurrence of any cause constituting force
majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of such
occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform
its obligations and meet its responsibilities under this Contract. The Contractor shall also notify
the UNDP of any other changes in conditions or the occurrence of any event that interferes or
threatens to interfere with its performance of this Contract. On receipt of the notice required
under this Article, the UNDP shall take such action as, in its sole discretion; it considers to be
appropriate or necessary in the circumstances, including the granting to the Contractor of a
reasonable extension of time in which to perform its obligations under this Contract.

14.2

If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to
perform its obligations and meet its responsibilities under this Contract, the UNDP shall have the
right to suspend or terminate this Contract on the same terms and conditions as are provided for
in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of
thirty (30) days.

14.3

Force majeure as used in this Article means acts of God, war (whether declared or not), invasion,
revolution, insurrection, or other acts of a similar nature or force.

14.4

The Contractor acknowledges and agrees that, with respect to any obligations under the Contract
that the Contractor must perform in or for any areas in which the UNDP is engaged in, preparing
to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any
delays or failure to perform such obligations arising from or relating to harsh conditions within
such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself,
constitute force majeure under the Contract..

15.0 TERMINATION
15.1

Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice,
in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16.2
(Arbitration), below, shall not be deemed a termination of this Contract.

15.2

UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior
written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all
reasonable costs incurred by the Contractor prior to receipt of the notice of termination.

15.3

In the event of any termination by UNDP under this Article, no payment shall be due from UNDP
to the Contractor except for work and services satisfactorily performed in conformity with the
express terms of this Contract.

15.4

Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the
Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed
on account of the insolvency of the Contractor, the UNDP may, without prejudice to any other
right or remedy it may have under the terms of these conditions, terminate this Contract forthwith.
The Contractor shall immediately inform the UNDP of the occurrence of any of the above events.

16.0 SETTLEMENT OF DISPUTES

16.1

Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute,
controversy or claim arising out of this Contract or the breach, termination or invalidity thereof.
Where the parties wish to seek such an amicable settlement through conciliation, the conciliation
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shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according
to such other procedure as may be agreed between the parties.
16.2

Arbitration: Any dispute, controversy, or claim between the Parties arising out of the Contract or
the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above,
within sixty (60) days after receipt by one Party of the other Partys written request for such
amicable settlement, shall be referred by either Party to arbitration in accordance with the
UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based
on general principles of international commercial law. For all evidentiary questions, the arbitral
tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of
Evidence in International Commercial Arbitration of the International Bar Association, 28 May
1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods
or any property, whether tangible or intangible, or of any confidential information provided under
the Contract, order the termination of the Contract, or order that any other protective measures
be taken with respect to the goods, services or any other property, whether tangible or intangible,
or of any confidential information provided under the Contract, as appropriate, all in accordance
with the authority of the arbitral tribunal pursuant to Article 26 (Interim Measures of Protection)
and Article 32 (Form and Effect of the Award) of the UNCITRAL Arbitration Rules. The arbitral
tribunal shall have no authority to award punitive damages. In addition, unless otherwise
expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest
in excess of the London Inter-Bank Offered Rate (LIBOR) then prevailing, and any such interest
shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a
result of such arbitration as the final adjudication of any such dispute, controversy, or claim.

17.0 PRIVILEGES AND IMMUNITIES:

Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges
and immunities of the United Nations, including its subsidiary organs.
18.0 TAX EXEMPTION
18.1

Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, interalia that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except
charges for public utility services, and is exempt from customs duties and charges of a similar
nature in respect of articles imported or exported for its official use. In the event any
governmental authority refuses to recognize the United Nations exemption from such taxes, duties
or charges, the Contractor shall immediately consult with the UNDP to determine a mutually
acceptable procedure.

18.2

Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount
representing such taxes, duties or charges, unless the Contractor has consulted with the UNDP
before the payment thereof and the UNDP has, in each instance, specifically authorized the
Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall
provide the UNDP with written evidence that payment of such taxes, duties or charges has been
made and appropriately authorized.

19.0 CHILD LABOUR

19.1

The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any
practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including
Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any
work that is likely to be hazardous or to interfere with the child's education, or to be harmful to
the child's health or physical mental, spiritual, moral or social development.

19.2

Any breach of this representation and warranty shall entitle UNDP to terminate this Contract
immediately upon notice to the Contractor, at no cost to UNDP.

20.0 MINES:
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20.1

The Contractor represents and warrants that neither it nor any of its suppliers is actively and
directly engaged in patent activities, development, assembly, production, trade or manufacture of
mines or in such activities in respect of components primarily utilized in the manufacture of Mines.
The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II
annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of
1980.

20.2

Any breach of this representation and warranty shall entitle UNDP to terminate this Contract
immediately upon notice to the Contractor, without any liability for termination charges or any
other liability of any kind of UNDP.

21.0 OBSERVANCE OF THE LAW:

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance
of its obligations under the terms of this Contract.
22.0 SEXUAL EXPLOITATION:
22.1

The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of
anyone by it or by any of its employees or any other persons who may be engaged by the
Contractor to perform any services under the Contract. For these purposes, sexual activity with
any person less than eighteen years of age, regardless of any laws relating to consent, shall
constitute the sexual exploitation and abuse of such person. In addition, the Contractor shall
refrain from, and shall take all appropriate measures to prohibit its employees or other persons
engaged by it from, exchanging any money, goods, services, offers of employment or other things
of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive
or degrading to any person. The Contractor acknowledges and agrees that the provisions hereof
constitute an essential term of the Contract and that any breach of this representation and
warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor,
without any liability for termination charges or any other liability of any kind.

22.2

The UNDP shall not apply the foregoing standard relating to age in any case in which the
Contractors personnel or any other person who may be engaged by the Contractor to perform
any services under the Contract is married to the person less than the age of eighteen years with
whom sexual activity has occurred and in which such marriage is recognized as valid under the
laws of the country of citizenship of such Contractors personnel or such other person who may be
engaged by the Contractor to perform any services under the Contract.

23.0 AUTHORITY TO MODIFY:

Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the
authority to agree on behalf of UNDP to any modification of or change in this Contract, to a waiver of any
of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly,
no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by
an amendment to this Contract signed by the Contractor and jointly by the UNDP Authorized Official.

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