[Ip-health] Urgent request for Applications for Short term consultants on product and
service donations
mkamalyanni@Oxfam.org.uk
mkamalyanni@Oxfam.org.uk
Wed Mar 12 06:07:17 2008
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Issuance Date: 7 March 2008=0D
Closing Date: 17 March 2008=0D
Closing Time: 16:00 hours, Central European Time=
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Subject: Request for Applications (RFA) No.HQ-GVA-08-008=0D
Short term consultants for analysis of key issues in support of=
=0D
a product and service donations policy=0D
=0D
Dear Sir/Madam:=0D
=0D
The Global Fund to Fight AIDS, Tuberculosis and Malaria is seeking=0D
applications from qualified individuals to provide services as Short-term=
=0D
Consultants for analysis of key issues in support of a product and service=
=0D
donations policy, as fully described in Section A (Statement of Work) of=0D
this Request For Applications (RFA).=0D
=0D
To this end, this RFA consists of this cover letter and the following:=0D
=0D
Section A: Statement of Work=0D
Section B: Selection Criteria=0D
Section C: Instructions to Applicants=0D
Section D: Standard Provisions=0D
Section E: Attachments=0D
=0D
Any Amendments to this RFA will be posted on the Global Fund website at:=0D
http://www.theglobalfund.org/en/business opportunities. Applicants are=0D
encouraged to check this website periodically.=0D
=0D
The Global Fund intends to award contract to qualified Applicants whose=0D
submission in response to this RFA best demonstrate the requirements laid=
=0D
out in the Selection Criteria specified in Section B of this RFA.=0D
=0D
The period of performance of the work will be approximately eight weeks=0D
from the date of award which will be no later than April 7th 2008. However,=
=0D
the fourth consultant working in the key areas of IV Market Impact=0D
specified in the Statement of Work (Attachment A) is expected to start in=
=0D
June 2008.=0D
=0D
If you decide to submit an application in response to this solicitation, it=
=0D
must be submitted in accordance with Section C of this RFA, entitled=0D
=E2=80=9CInstructions to Applicants.=0D
=0D
Applications must be received no later than 16:00 hours, Central European=
=0D
Time, 17 March 2008.=0D
=0D
Application must be submitted in English and consists of the following:=0D
(1) Cover letter including a brief explanation of your interest in the=0D
project;=0D
(2) Resume;=0D
(3) Complete biographical data sheet; and,=0D
(4) Proposed daily rate.=0D
=0D
RFA-HQ-GVA-08-008=0D
Short term consultants for analysis of key issues in support of a product=
=0D
and service donations policy=0D
=0D
Page 11 of 2020=0D
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The Global Fund: (i) intends to award a contacts to the responsible offeror=
=0D
whose applications conforming to this RFA offer the greatest value in terms=
=0D
of the selection criteria (cost and technical factors); (ii) may award=0D
contract(s) on the basis of initial applications received, without=0D
discussions or negotiations. Thus, each initial application should contain=
=0D
the applicant's best terms from a cost and technical standpoint; (iii)=0D
reserves the right to enter into discussions with one or more applicants in=
=0D
order to obtain clarifications or additional detail in their resumes or=0D
other aspects of the application, or negotiate the daily rate or price;=0D
(iv) may reject any or all applications; accept other than the lowest daily=
=0D
rate, more than one application, or alternate applications; waive=0D
informalities and minor irregularities in application received; and, cancel=
=0D
this RFA.=0D
=0D
The Global Fund will be under no obligation to reveal, or discuss with any=
=0D
applicant, how an application was assessed, or to provide any other=0D
information relative to the selection process. Applicants whose=0D
applications are not selected will be notified in writing of this fact, and=
=0D
shall have no claim whatsoever for any kind of compensation.=0D
=0D
This letter and its attachments shall not be construed as a contract or a=
=0D
commitment of any kind. This Request for Applications in no way obligates=
=0D
the Global Fund to award a contract, nor does it commit the Global Fund to=
=0D
pay any cost incurred in the preparation and submission of the application.=
=0D
=0D
Any questions and/or requests for clarifications must be submitted in=0D
writing via email at Riana.Napitupulu@theglobalfund.org and=0D
celine.serot@theglobalfund.org.=0D
=0D
=0D
Sincerelys,=0D
=0D
=0D
=0D
Riana Napitupulu=0D
Senior Contracts Specialist=0D
=0D
=0D
SECTION A: STATEMENT OF WORK=0D
=0D
PROJECT: Product and service contributions policy options development=0D
=0D
UNIT : External relations, Global Fund to Fight AIDS, TB & Malaria=
=0D
=0D
=0D
I. BACKGROUND=0D
=0D
The Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria (the Global=
=0D
Fund) was established in 2001 to raise and disburse additional resources to=
=0D
make a significant contribution to the reduction in infection, illness and=
=0D
death resulting from the three pandemics. These diseases kill over 6=
=0D
million people each year, and the numbers are growing. To date, the Global=
=0D
Fund has committed $10 billion to over 520 programs in 136 developing=
=0D
countries to support aggressive interventions against all three diseases;=
=0D
approximately 49% of the funding is budgeted for the purchase of medicines,=
=0D
essential health products and commodities.=0D
=0D
The Global Fund Board=E2=80=99s Joint Steering Group (JSG) on product and s=
ervice=0D
donations has recently appointed a Technical Working Group (TWG) to explore=
=0D
the issue of product and service donations to the Global Fund. The issue of=
=0D
product and service donations was first discussed at the Global Fund in=0D
October 2002. However, no policy has ever been adopted with regards to the=
=0D
issue due to the differing viewpoints and complexity of the subject. With=
=0D
the objective of re-opening the subject and reaching a consensus, the TWG=
=0D
is working closely with the Secretariat with the view to developing policy=
=0D
options in relation to the issue of product and service donations. The=0D
policy will be submitted to the committees of the Board in=0D
September-October and to the Board in November 2008. To that effect,=0D
several possible options are now being developed and four priority areas=0D
have been identified for further analysis and study. These studies will=0D
provide an objective cost-benefit analysis on the basis of which the Global=
=0D
Fund can be advised on a policy on donations. These priority areas are:=0D
=0D
i. Recipient Sovereignty: It has been argued that product and service=
=0D
donations could create difficult issues for grant recipients, if the Global=
=0D
Fund were to facilitate or encourage acceptance of product and service=0D
donations. It is unlikely that the Global Fund would require grant=0D
recipients to accept donations given its country-driven approach.=0D
Nevertheless, acceptance of donations could be seen as an endorsement of=0D
those products. It is therefore important to consider the=0D
positive/negative impact of the Global Fund encouraging or facilitating=0D
donations for grant recipients. It has been argued by some that=0D
encouraging grant recipients to accept product and service donations could=
=0D
lead to the unfavorable situation where recipients may accept product and=
=0D
services which they ordinarily would not have procured, resulting in=0D
programs which are neither based on need nor holistic in nature.=0D
=0D
ii. Donor Participation: In order to decide whether or not to implement a=
=0D
useful product and service donations program it would be necessary to study=
=0D
the conditions under which donors would participate in such a program as=0D
well as to identify the potential products and services (and their value)=
=0D
which could be donated. Indeed, it is imperative for the GF board to have a=
=0D
clear idea of what could be available for donation before making such a=0D
decision.=0D
=0D
iii. Management Costs: Product and service donations could result in=0D
significant additional management and administrative costs to the Global=0D
Fund (in relation to the Secretariat=E2=80=99s current cost structure and/o=
r the=0D
total value of the products/services donated). It would thus be necessary=
=0D
to investigate the potential management costs to the Global Fund of=0D
implementing a product and service donations program where the Fund to=0D
decide to accept donations.=0D
=0D
iv. Market Impact: It has been argued that product and service donations=
=0D
could create a negative market impact by stifling competition, either from=
=0D
global competitors in an embryonic or moderately fragmented market, or=0D
local competitors in infant industries. Some have argued that the potential=
=0D
inability of local service or product providers to compete with free offers=
=0D
could result in the suppression of valuable local knowledge and capacities.=
=0D
Concern has also been expressed that donations could be used by a supplier=
=0D
as a form of predatory pricing to capture market share either by inducing=
=0D
the adoption of or switching to a particular product or service.=0D
=0D
=0D
II. SCOPE OF WORK=0D
=0D
The selected Consultant(s) shall assist the Joint Steering Group in the=0D
development of policy options on product and service donations. The=0D
Consultant(s) shall conduct a thorough analysis of:=0D
=0D
i. The potential negative/positive impact of a product and service=0D
donations program on Global Funds=E2=80=99 grant recipients and the potent=
ial=0D
level of recipients=E2=80=99 participation and interest;=0D
ii. The potential value and categories of products and services which=0D
could be donated to the Global Fund;=0D
iii. The management costs that could be incurred by the Global Fund in the=
=0D
potential implementation of a product and service donations program;=0D
iv. The potential negative/positive impact of a product and service=0D
donations program on the respective markets for those products or services.=
=0D
=0D
=0D
The following are the four Key Study Areas to be analyzed by each selected=
=0D
consultant.=0D
=0D
Note: You may choose to apply for more than one of the Study Areas if you=
=0D
believe that you have the necessary skills and requirements to do so.=0D
=0D
1. STUDY AREA I: RECEPIENT SOVERIGNTY=0D
=0D
To facilitate the work of the consultants, a number of =E2=80=98straw man=
=E2=80=99 working=0D
hypotheses have been developed, which describe how donations of products=0D
and services could conceivably be handled by the Global Fund. The working=
=0D
hypotheses are tools to permit the development of quantitative models and=
=0D
analysis of impacts, and in no way should be construed to indicate any=0D
bias, either towards or against, the adoption of any particular policy.=0D
=0D
=0D
1.2 Key Analysis Questions:=0D
=0D
1) What is the expected number of recipients who would participate in a=
=0D
product/service donations program at the Global Fund and what would be the=
=0D
likely value of accepted goods and services?=0D
2) What are the potential problems/benefits of accepting donations from=
=0D
the Global Fund on the recipients=E2=80=99 drug policies, delivery mechanis=
ms and=0D
therapeutic guidelines?=0D
3) Under what conditions/requirements would recipient countries=0D
participate in a potential product/service donations program?=0D
4) What factors/conditions in a potential product/service donations=0D
program could compromise the sovereignty of recipient countries?=0D
5) What is the impact of product and service donations on the=0D
development/strengthening of recipient country procurement and distribution=
=0D
capacities?=0D
6) If the Global Fund were to design a product/service donations=0D
program, how could it do so in a way as not to compromise the sovereignty=
=0D
of its recipient countries?=0D
=0D
1.2 Deliverables=0D
=0D
i. Design an analytical approach/methodology for investigation and=0D
consultations with the objective of:=0D
a. Assessing the potential negative/positive impact of a product and=0D
service donations on the sovereignty of Global Funds=E2=80=99 recipients;=
=0D
b. Testing the working hypotheses against synthesized findings.=0D
ii. Conduct thorough review of experience to date in this area based on=
=0D
previously performed studies;=0D
iii. Conduct limited interviews with identified recipients:=0D
a. Identify a set of recipient countries for study and a set of=0D
appropriate individuals/experts in the recipient countries for interview;=
=0D
b. Develop a discussion guide for use in consultations/interviews.=0D
iv. Analyze and synthesize findings including the expected number of=0D
recipients who would participate in such a program and the conditions for=
=0D
participation;=0D
v. Provide presentation and recommendations to guide the Global Fund in=
=0D
developing a production services donations policy / policy options.=0D
=0D
=0D
2. KEY STUDY AREA II: DONOR PARTCIPATION=0D
=0D
2.1 Key Analysis Questions:=0D
=0D
1) What is the anticipated potential value of donated products and=0D
services to the Global Fund where it to engage in a product/service=0D
donations program? This should be calculated using the WHO Interagency=0D
Guidelines as a base, which specifies that the value of a drug donation=
=0D
should be based on the wholesale price of its generic equivalent in the=0D
recipient country, or , if such information is not available on the=0D
wholesale world-market price for its generic equivalent=E2=80=9D. (Principl=
e 11)=0D
a. Which products/services have already been donated or offered to the=
=0D
Global Fund and from whom?=0D
b. Of this total (or in addition to this total), which product/service=
=0D
categories would hold the most value, if any, with regards to donations to=
=0D
the Global Fund?=0D
2) Under which conditions/requirements would donors be willing to=0D
actively participate in a product/service donations program at the Global=
=0D
Fund and how would this relate to various potential options?=0D
3) What demands are potential donors ready to accept and absorb for an=
=0D
effectively managed donations program? This could include, for instance,=0D
payment for the cost of international transport and fulfilling all the=0D
quality assurance principles of the Global Fund as well as fulfilling the=
=0D
demands of recipient countries (or their procurement agents), complete=0D
review of the product including both product dossier and manufacturing=0D
standards at the production facility, and/or WHO pre-qualification=0D
standards.=0D
=0D
2.1 Deliverables=0D
=0D
i. Design an analytical approach/methodology for investigation and=0D
consultations with the objective of:=0D
a. Assessing the potential value and categories of product and services=
=0D
which could be donated to the Global Fund ;=0D
b. Testing the working hypotheses against synthesized findings.=0D
ii. Conduct thorough review of experience to date in this area based on=
=0D
previously performed studies;=0D
iii. Conduct limited interviews with identified potential product/service=
=0D
providers;=0D
a. Identify a representative sample of producers/service providers from=
=0D
which Global Fund recipients tend to procure products and services;=0D
b. Develop a discussion guide for use in consultations/interviews.=0D
iv. Analyze and synthesize results including quantification of potential=
=0D
annual value to be achieved in a product and service donations program as=
=0D
well as conditions for donor participation;=0D
v. Provide recommendations to guide the Global Fund in developing a=0D
production services donations policy / policy options.=0D
=0D
3. KEY STUDY AREA III: MANAGEMENT COSTS=0D
=0D
3.1 Key Analysis Questions:=0D
=0D
1) What level of expenditure should the Global Fund expect if it were to=
=0D
engage in the development and implementation of a successful=0D
product/service donations program?=0D
=0D
2) What would be the best way for the Global Fund to reduce management=
=0D
costs were it to be engaged in the development and implementation of a=0D
product/service donations program?=0D
=0D
3.2 Deliverables=0D
=0D
i. Identify key cost drivers for each policy option developed, including=
=0D
the impact on internal procurement processes of the Global Fund;=0D
ii. Identify and consult with comparable organizations with the objective=
=0D
of benchmarking management costs;=0D
iii. Estimate management costs for an in - house program structure and an=
=0D
out - sourced program structure;=0D
iv. Analyze and synthesize results, as well as provide presentation and=
=0D
recommendations to guide the Global Fund in developing a production=0D
services donations policy / policy options.=0D
=0D
4. KEY STUDY AREA IV: MARKET IMPACT=0D
=0D
4.1 Key Analysis Questions=0D
=0D
1) How would a potential product/service donations program at the Global=
=0D
Fund impact markets, both globally and in - recipient country?=0D
2) What would be the likely impact of a donations program on local=0D
competition within a recipient country?=0D
3) If the Global Fund were to adopt and implement a product/service=0D
donations program, how would the use of different known mechanisms and=0D
models impact global and recipient country markets?=0D
=0D
4.2 Deliverables=0D
=0D
1) Devise an analytical approach and indicators of measurement to:=0D
a. Estimate the potential broader economic and intra-market impact of a=
=0D
product and service donations program;=0D
b. Assess the potential value and categories of products and services=0D
which could be donated to the Global Fund=0D
2) Develop a methodology to conduct the economic analysis;=0D
3) Engage in secondary research on previous study/analysis conducted=0D
related to this topic;=0D
4) Conduct primary research as needed, including interviewing a sample=
=0D
of local producers of products and services;=0D
5) Analyze and synthesize results, as well as provide recommendations to=
=0D
guide the Global Fund in developing a production services donations=0D
policy/policy options.=0D
=0D
III. PERFORMACE PERIOD=0D
=0D
The period of performance of the work will be approximately eight weeks=0D
from the date of award which will be no later than April 7th 2008. However,=
=0D
the fourth consultant working in the key area of Management costs specified=
=0D
in the Statement of Work (Attachment A) is expected to start in June 2008.=
=0D
=0D
IV. RELATIONSHIPS AND RESPONSIBILITIES=0D
=0D
a. Administrative Contracting Office=0D
=0D
The administrative Contracting Office for the contract resuolt8ing from=
=0D
this RFA is.=0D
The Global Fund to Fight AIDS, Tuberculosis and Malaria=0D
BSU/Contracts Office=0D
Chemin de Blandonnet 8=0D
1214 Vernier=0D
Geneva, Switzerland=0D
=0D
b. Technical Direction=0D
=0D
The Consultant/S will work under the overall technical direction of the=
=0D
Global Fund, the Head of Private Sector Partnerships Department of or=
=0D
his designee. Contact details are as follows.=0D
=0D
The Global Fund to Fight AIDS, Tuberculosis and Malaria=0D
Chemin de Blandonnet 8=0D
1214 Vernier=0D
Geneva, Switzerland=0D
Mamissa mboob=0D
+41 22 791 18245=0D
Mamissa.mboob@theglobalfund.org=0D
=0D
V. LOGISTICAL SUPPORT=0D
The contractor will be responsible for all logistic support in performing=
=0D
the requirements under this contract.=0D
=0D
SECTION B: SELECTION CRITERIA=0D
=0D
The Global Fund will evaluate applications submitted in response to this=0D
RFA against the selection criteria set forth below.=0D
=0D
The Selection Criteria are divided into =E2=80=98technical=E2=80=99 and =E2=
=80=98cost=E2=80=99 factors. In=0D
assessing each application, the Global Fund will allocate greater=0D
importance to technical factors than to cost factors.=0D
=0D
I. Technical Factors=0D
=0D
1. Understanding of the Work and past performance:=0D
The extent to which the applicant=E2=80=99s statement of interest and=0D
understanding of the work demonstrate competency in relation to the=0D
issues identified in the four stream through past conducted studies,=0D
experience of wok.=0D
=0D
2. Work Experience:=0D
Health Economist/Medical Doctor/Pharmacist with extensive experience in:=
=0D
i. Product and service donations programs;=0D
ii. Procurement and distribution of products in developing countries; of=
=0D
health products is desirable;=0D
iii. Economic knowledge and analytical skills related to the market=0D
dynamics of health products;=0D
iv. Experience/knowledge in the Global fund financing model or similar is=
=0D
desirable.=0D
=0D
3. Education:=0D
Degree in Public Health, Pharmacy, Medicine, Economics, Finance or other=
=0D
relevant discipline; higher degree is desirable.=0D
=0D
II. Cost Factors=0D
=0D
Candidates=E2=80=99 proposed daily rate (submitted in the Application Sheet=
=E2=80=93=0D
Attachment 1) will not be scored, but they will be a selection factor and=
=0D
considered in making a best value determination. Although technical=0D
evaluation criteria are significantly more important than cost, the closer=
=0D
the technical evaluation scores of the various applications are to one=0D
another, the more important cost considerations will become. Therefore,=0D
the proposed daily rate may become a determinant factor in making award.=0D
=0D
=0D
=0D
=0D
=0D
=0D
SECTION C - INSTRUCTIONS TO CANDIDATES=0D
=0D
I. GENERAL=0D
=0D
The Global Fund to Fight AIDS, Tuberculosis and Malaria is seeking=0D
applications from qualified individuals to provide services as Short-term=
=0D
Consultants for analysis of key issues in support of a product and service=
=0D
donations policy, as fully described in Section A (Statement of Work) of=0D
this Request For Applications (RFA).=0D
=0D
The period of performance of the work will be approximately eight weeks=0D
from the date of award which will be no later than April 7th 2008. However,=
=0D
the fourth consultant working in the key areas of IV Market Impact=0D
specified in the Statement of Work (Attachment A) is expected to start in=
=0D
June 2008.=0D
=0D
The Global Fund: (i) intends to award a contact to the responsible offeror=
=0D
whose application conforming to this RFA offers the greatest value in terms=
=0D
of the selection criteria (cost and technical factors); (ii) may award a=0D
contract on the basis of initial application received, without discussions=
=0D
or negotiations. Thus, each initial application should contain the=0D
offeror's best terms from a cost and technical standpoint; and, (iii)=0D
reserves the right to enter into discussions with one or more applications=
=0D
in order to obtain clarifications or additional detail in the technical=0D
application or other aspects of the application, or negotiate the daily=0D
rate or price.=0D
=0D
The Global Fund may (a) reject any or all applications, (b) accept other=0D
than the lowest daily rates, (c) accept more than one application, (d)=0D
accept alternate applications, (e) waive informalities and minor=0D
irregularities in applications received, and (f) cancel this RFA.=0D
=0D
The Global Fund will be under no obligation to reveal, or discuss with any=
=0D
offeror, how an application was assessed, or to provide any other=0D
information relative to the selection process. Offerors whose applications=
=0D
are not selected will be notified in writing of this fact, and shall have=
=0D
no claim whatsoever for any kind of compensation.=0D
=0D
Any questions and/or requests for clarifications must be submitted in=0D
writing via email to Riana.Napitupulu@theglobalfund.org and=0D
celine.serot@theglobalfund.org=0D
=0D
This RFA and its attachments shall not be construed as a contract or a=0D
commitment of any kind. This Request for Applications in no way obligates=
=0D
the Global Fund to award a contract, nor does it commit the Global Fund to=
=0D
pay any cost incurred in the preparation and submission of the application.=
=0D
=0D
=0D
II. INSTRUCTIONS FOR THE PREPARATION OF THE APPLICATION=0D
=0D
Applicants must submit a separate technical and cost application, as=0D
follows:=0D
Application must indicate which Study areas s/he is interested.=0D
Applicant may choose to apply for more than one of the Study Areas if you=
=0D
believe that you have the necessary skills and requirements to do so.=0D
=0D
A. Technical Application=0D
=0D
1) Cover Letter=0D
=0D
Applications should include a letter outlining interest in the project,=
=0D
availability and summarizing relevant experience and qualifications as=
=0D
they pertain to the Selection Criteria outlined in Section B of this=0D
RFA.=0D
=0D
2) Work Experience: Resume or CV=0D
=0D
Please provide a CV which lists and describes prior experience relevant=
=0D
to the desired skills as outlined in the Selection Criteria. Please=0D
also include the duration of each job or assignment, and contact details=
=0D
(with current E-mail address) for a reference for each assignment.=0D
=0D
3) Education:=0D
Please list your educational background.=0D
=0D
=0D
B. Cost Application=0D
=0D
1) Complete Application Sheet (See Attachment 1)=0D
=0D
2) Please submit a complete Biographical Data Sheet (See Attachment 2)=0D
including base salary history in block 13 and consultancy rates in block=
=0D
14 (if any) for the past three years. Bio-Data sheets must be signed.=0D
Block 6 must be completed with your proposed daily rate.=0D
=0D
Applicants must comply with the definition of salary under block 13 and/or=
=0D
14 of the biographical data sheet, and specify actual base salaries=0D
received. Employer=E2=80=99s name, address, email, and phone number must =
be=0D
specified.=0D
=0D
Annual salaries will be converted to daily salaries by dividing the annual=
=0D
figure by 260 workdays per year [Note: The annual salary is base salary=0D
exclusive of bonuses, profit sharing arrangements, commissions, overtime,=
=0D
post differential, cost of living or dependent allowance, consultant=0D
fees.]=0D
=0D
The maximum daily salary for the period of the contract resulting from=0D
this RFP shall not exceed WHO/TGF maximum consulting rate which is=0D
currently US$400. Actual salaries may be negotiated but shall not exceed=
=0D
the maximum WHO/GF rate in effect at the time the contract is issued.=0D
However, under exceptional circumstances the Global Fund=E2=80=99s require=
ment may=0D
be waived.=0D
=0D
=0D
=0D
III. APPLICATION SUBMISSION=0D
=0D
=0D
1) Submission of applications by E-mail: Submit applications by e-mail=
=0D
attachment formatted in Microsoft Word and/or Excel to=0D
Riana.Napitupulu@theglobalfund.org and celine.serot@theglobalfund.org . In=
=0D
order to ensure consideration of your application, please use the following=
=0D
subject line for your e-mailed submission:=0D
=E2=80=9C__ (Applicant=E2=80=99s name)__RFP No. HQ-GVA-08-008=E2=80=9D=
=0D
=0D
2) Faxed applications are not acceptable.=0D
=0D
3) All applications in response to this RFA must be submitted no later=
=0D
than 16:00 hours, Central European Time, 17 March 2008.=0D
=0D
4) Proposals which are submitted late or are incomplete or=0D
non-responsive may not be considered in the review process.=0D
=0D
5) Applicants may confirm with Celine Serot at=0D
celine.serot@theglobalfund.org by the closing date and time, that their=0D
e-mail submissions were successfully received by the required due date and=
=0D
time.=0D
=0D
=0D
=0D
SECTION D - STANDARD PROVISIONS=0D
=0D
(These standard provisions are applicable to, and incorporated into all=0D
Global Fund contracts)=0D
=0D
1. REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR=0D
=0D
1.1 Compliance with Applicable Laws. The Contractor represents and=0D
warrants that:=0D
a. it holds all permits, licenses, certificates, registrations,=0D
variances, exemptions, orders, franchises, and approvals of any and all=0D
governmental authorities or other entities necessary or required by=0D
applicable law for the lawful conduct of its business, including the=0D
performance of the Services. The Contractor shall abide by any and all=0D
applicable laws and regulations including, but not limited to,=0D
labor/employment laws and regulations; and=0D
b. the execution, delivery and performance by the Contractor of this=0D
Contract and all instruments thereunder will not violate any provision of=
=0D
any existing law or regulation binding on the Contractor, or of the=0D
governing instruments of the Contractor, or any agreement, instrument, or=
=0D
undertaking to which the Contractor is a party or by which the Contractor=
=0D
may be bound, the violation of which would have a material adverse effect=
=0D
on the ability of the Contractor to perform Services under this Contract.=
=0D
=0D
=0D
1.2 Authority; Enforceability. The Contractor warrants that it has the=
=0D
necessary power and authority to execute and deliver this Contract and=
=0D
has the necessary power and authority to perform all obligations=0D
required hereunder. The execution of this Contract and each instrument=
=0D
hereunder has been or shall be executed by a duly authorized officer of=
=0D
the Contractor, and constitutes a valid and legally binding obligation=
=0D
of the Contractor enforceable against the Contractor subject, as to=0D
enforcement, to the effect of bankruptcy, insolvency, or similar laws=
=0D
affecting the enforcement of creditors=E2=80=99 rights.=0D
=0D
=0D
=0D
=0D
1.3 Litigation. The Contractor warrants that there is no action, suit or=
=0D
proceeding before or by any court pending or, to the best knowledge of=
=0D
the Contractor, threatened that, if determined adversely to the=0D
Contractor, would have a material adverse effect upon the performance=
=0D
by the Contractor of its duties under this Contract.=0D
=0D
=0D
=0D
=0D
1.4 Insurance. The Contractor warrants that it shall obtain and maintain:=
=0D
=0D
=0D
a. adequate insurances against all risks in respect of any property and=
=0D
any equipment used for the execution of this Contract;=0D
=0D
b. adequate workers compensation insurance or equivalent insurance for=
=0D
its staff members, consultants or sub-contractors to cover claims for=0D
accident, illness, injury or death in connection with the performance of=0D
this Contract;=0D
=0D
c. liability insurance in an adequate amount to cover third party claims=
=0D
(including WHO/Global Fund) for death or bodily injury, or loss or damage=
=0D
to property, arising from or in connection with the performance of this=0D
Contract, reasonably acceptable to WHO/Global Fund, naming WHO/Global Fund=
=0D
as an additional assured party, before the commencement of the work;=0D
=0D
d. such other insurance with financially responsible insurers in such=0D
amounts and covering such risks as are in accordance with normal industry=
=0D
practice for companies=0D
=0D
e. engaged in businesses similar to those of the Contractor with regard=
=0D
to contracts of this type.=0D
=0D
The Contractor shall, upon request, provide WHO with satisfactory=0D
evidence of the insurance required under this Article.=0D
=0D
1.5 Liability. The Contractor hereby indemnifies and holds WHO/Global=0D
Fund harmless from and against the full amount of any and all claims=0D
and liabilities, including legal fees and costs, which may be made,=0D
filed or assessed against WHO/Global Fund at any time and based on, or=
=0D
arising out of, breach by the Contractor of any of its representations=
=0D
or warranties under the Contract, regardless of whether such=0D
representations and warranties are explicitly incorporated herein or=0D
are referred to in any attached annexes.=0D
=0D
=0D
2. CONFIDENTIALITY=0D
=0D
=0D
=0D
=0D
2.1. The Contractor shall not utilize any notes, data, designs,=0D
spreadsheets, or other materials relating to WHO/Global Fund that were=
=0D
generated by the Contractor in connection with the performance of the=0D
Services under this Contract, other than solely for internal purpose.=0D
=0D
=0D
=0D
=0D
2.2 The Contractor shall keep confidential all information and=0D
documentation to which the Contractor may gain access during, or as a=0D
result of, the implementation and execution of the Contract.=0D
Accordingly, the Contractor shall not use or disclose such information=
=0D
for any purpose other than the performance of its obligations under the=
=0D
Contract. Nor shall the Contractor at any time use such information or=
=0D
documentation to private advantage. These obligations do not lapse upon=
=0D
termination of this Contract. The Contractor shall ensure that each of=
=0D
its employees and/or other persons and entities having access to such=0D
information shall be made aware of, and be bound by, the obligations of=
=0D
the Contractor under this paragraph.=0D
=0D
=0D
2.3 However, there shall be no obligation of confidentiality or=0D
restriction on use, where the Contractor is clearly able to demonstrate=
=0D
that such information and/or documentation: (i) is publicly available,=
=0D
or becomes publicly available, otherwise than by any action or omission=
=0D
of the Contractor, or (ii) was already known to the Contractor (as=0D
evidenced by its written records) prior to becoming known to the=0D
Contractor in the implementation and execution of this contract; or=0D
(iii) was received by the Contractor from a third party not in breach of=
=0D
an obligation of confidentiality.=0D
=0D
2.4 At the written request of the Contractor, WHO/Global Fund may issue=
=0D
a written statement releasing the Contractor from its obligations of=0D
confidentiality in respect of certain information for scientific or=0D
development purposes only.=0D
=0D
=0D
=0D
=0D
3. PUBLIC ANNOUNCEMENTS AND ADVERTISING=0D
=0D
=0D
=0D
=0D
3.1 Any communications by the Contractor to the public, and in=0D
particular to the mass media or any public forum whatsoever (including=
=0D
press, radio, television, cinema, internet) relating to this Contract=0D
shall be subject to prior authorization in writing by WHO/Global Fund.=
=0D
If WHO/Global Fund authorizes the Contractor to supply the public with=
=0D
information, the Contractor shall ensure that such information is prov=
ided accurately.=0D
=0D
=0D
=0D
=0D
3.2 In no case shall the Contractor use the name, the emblem or the=0D
official seal of WHO or the Global Fund, or any abbreviation thereof,=0D
without the advance written consent of WHO/Global Fund. Without=0D
WHO/Global Fund=E2=80=99s prior written approval, the Contractor shall n=
ot, in=0D
any statement of an advertising or promotional nature, refer to its=0D
relationship with WHO/Global Fund or to this Contract.=0D
=0D
=0D
=0D
=0D
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY=0D
=0D
=0D
4.1 WHO/Global Fund shall be entitled to all intellectual property and=
=0D
other proprietary rights including but not limited to patents,=0D
copyrights, and trademarks, with regard to products, or documents and=0D
other materials which are produced or prepared or collected in=0D
consequence of or in the course of the execution of this Contract. At=
=0D
WHO/Global Fund=E2=80=99s request, the Contractor shall take all necessa=
ry=0D
steps, execute all necessary documents and generally assist in securing=
=0D
such proprietary rights and transferring them to WHO/Global Fund in=0D
compliance with the requirements of applicable law.=0D
=0D
4.2 Any materials already developed and copyrighted by the Contractor or=
=0D
other providers remain with that copyright and will be acknowledged as=
=0D
such.=0D
=0D
=0D
=0D
4.3 The Contractor warrants and represents that the Contractor Work=0D
Product shall not violate the rights of any third parties.=0D
=0D
=0D
=0D
=0D
5. TERMINATION=0D
=0D
=0D
=0D
=0D
5.1 In the case of default by the Contractor of any obligation under=0D
this Contract, including, but not limited to, failure or refusal to=0D
perform the Services to the standard required by WHO/Global Fund or=0D
within the time specified, or breach or non compliance or insufficient=
=0D
compliance with any of its terms, or if the Contractor is adjudicated=0D
bankrupt or formally seeks relief of its financial obligations,=0D
WHO/Global Fund may, by written notice to the Contractor, terminate this=
=0D
Contract in whole or in part, with immediate effect.=0D
=0D
=0D
=0D
=0D
5.2 If WHO/Global Fund considers, in its sole discretion, that the=0D
purpose of this Contract can no longer be achieved, it may terminate=0D
this Contract in whole or in part by giving written notice of=0D
termination to the Contractor. The notice shall include the effective=
=0D
date of the termination, which may be immediately or at some time in the=
=0D
future.=0D
=0D
=0D
5.3 In the event of a termination, the Contractor shall immediately=0D
deliver and transfer all work products and materials so far produced to=
=0D
WHO in accordance with WHO ownership rights referred to in section 4=0D
above.=0D
=0D
5.4 The provisions of sections1, 2, 3, and 4 of these Standard=0D
Provisions of this Contract shall remain valid and survive after its=0D
completion or termination for whatever reason.=0D
=0D
=0D
=0D
6. FORCE MAJEURE=0D
=0D
No party to the Contract shall be responsible for a delay caused by=0D
force majeure: that is, a delay caused by strike, lock-out, foreign or=
=0D
civil war, or any other similar event outside his control, it being=0D
agreed, however, that WHO/Global Fund shall be entitled to terminate the=
=0D
Contract (or any part of the Contract) forthwith if the implementation=
=0D
of the work is delayed or prevented by any such reason for an aggregate=
=0D
of 30 days. Such termination shall be subject to payment of an=0D
equitable part of the contract sum and/or other reasonable charges. In=
=0D
the event of such termination, the Contractor shall, in accordance with=
=0D
the ownership rights referred to in Section 4, deliver to WHO/Global=0D
Fund all work products and other materials so far produced.=0D
=0D
=0D
7. SETTLEMENT OF DISPUTES=0D
=0D
=0D
=0D
=0D
7.1 Conciliation; Arbitration. Any dispute, controversy or claim=0D
arising out of or relating to the Contract, including the breach,=0D
termination, or invalidity thereof shall, unless settled amicably by=0D
direct negotiation, will be settled by conciliation according to such=0D
procedure as may be agreed between the parties. In the event of failure=
=0D
of conciliation, the disputes will be settled by arbitration. The=0D
arbitration will be conducted in accordance with the modalities to be=0D
agreed upon by the parties, or in the absence of agreement, with the=0D
rules of arbitration of the International Chamber of Commerce. There=0D
shall be one arbitrator. The language of the arbitration shall be=0D
English. The place of arbitration is Geneva. The parties will accept=0D
the arbitral award as final.=0D
=0D
=0D
=0D
=0D
7.2 Reference Law. Any matter relating to the interpretation or=0D
application of this Contract which is not covered by its terms will be=
=0D
resolved by reference to the laws of Switzerland (including the Swiss=0D
Code of Obligations, Article 394 and following).=0D
=0D
=0D
=0D
=0D
8. RESPONSIBILITY=0D
=0D
=0D
8.1 The Contractor will be responsible to ensure that the services=0D
rendered under the Contract are in accordance with the specifications=0D
and the time prescribed under or pursuant to this Contract.=0D
=0D
8.2 The Contractor shall be responsible for the professional and=0D
technical competence of its employees, consultants and sub-contractors=
=0D
and will select, for work under this Contract, reliable individuals who=
=0D
will perform effectively in the implementation of the Contract, respect=
=0D
the local customs, and conform to a high standard of moral and ethical=
=0D
conduct.=0D
=0D
=0D
9. SUCCESSORS AND ASSIGNEES=0D
=0D
=0D
=0D
This Contract shall be binding on the successors and assignees of the=0D
Contractor and the Contract shall be deemed to include the Contractor=E2=
=80=99s=0D
successors and assignees, provided, however, that nothing in this=0D
Contract shall permit any assignment without the prior written approval=
=0D
of WHO/Global Fund.=0D
=0D
=0D
10. SUB-CONTRACTING=0D
=0D
In the event the Contractor requires the services of sub-contractors,=0D
the Contractor shall obtain the prior written approval and clearance of=
=0D
WHO/Global Fund for all sub-contractors. The approval of WHO/Global=0D
Fund of a sub-contractor shall not relieve the Contractor of any of its=
=0D
obligations under this Contract. The terms of any sub-contract shall be=
=0D
subject to and conform to the provisions of this Contract.=0D
=0D
=0D
=0D
11. PRIVILEGES AND IMMUNITIES=0D
=0D
Nothing contained in this Contract and/or its Appendices shall=0D
constitute or may be construed as a waiver of, or limitation upon, WHO=
=C2=B4s=0D
privileges and immunities.=0D
=0D
=0D
=0D
=0D
=0D
12. TAX EXEMPTION=0D
=0D
=0D
=0D
=0D
12.1 Section 9 of the Convention of 21 November 1947 on the Privileges=
=0D
and Immunities of the Specialized Agencies provides that WHO, including=
=0D
its subsidiary organs, assets, income and other property, is exempt from=
=0D
all direct taxes and exempt from customs duties in respect of articles=
=0D
imported or exported for its official use. In the event any authority=
=0D
refuses to recognize WHO/Global Fund=E2=80=99s exemption from such taxes=
, duties=0D
or other similar charges, the Contractor shall immediately consult with=
=0D
WHO/Global Fund to determine a mutually acceptable procedure.=0D
Accordingly any payments by WHO/Global Fund to the Contractor shall=0D
reflect any tax exemptions to which WHO/Global Fund is entitled by=0D
reason of the immunity it enjoys. As regards duties and other indirect=
=0D
taxes, the Contractor shall list such charges on invoices as a separate=
=0D
item and, to the extent required, cooperate with WHO to enable=0D
reimbursement thereof.=0D
=0D
=0D
=0D
=0D
12.2 All prices included in this Contract hereunder are net, and reflect=
=0D
all tax exemptions to which WHO/Global Fund is entitled.=0D
=0D
=0D
=0D
=0D
13. LANGUAGE=0D
=0D
=0D
=0D
=0D
Language of Work Product. The Contractor will prepare all original=0D
materials required under any Contract in English, unless WHO/Global Fund=
=0D
directs otherwise in writing or in a particular Work Order.=0D
=0D
=0D
=0D
=0D
14. NOTICES=0D
=0D
=0D
=0D
=0D
All notices to be given under the Contract must be in writing and sent=
=0D
to the address or fax number of the intended recipient set out in the=0D
Cover Sheet of this Contract or to any other address or fax number which=
=0D
the intended recipient may designate by notice given in accordance with=
=0D
this Article. Any notice may be delivered personally or sent by first=
=0D
class pre-paid registered mail or by fax, and it will be deemed to have=
=0D
been served:=0D
=0D
=0D
=0D
=0D
(i) if by hand, when delivered;=0D
=0D
=0D
=0D
=0D
(ii) if by first class registered mail, 48 hours after posting if=0D
posted within Switzerland, and 7 days in all other cases; and=0D
=0D
=0D
=0D
=0D
(iii) if by fax, when dispatched provided the sender=E2=80=99s fax ma=
chine=0D
produces automatic receipt of error free transmission to the intended=0D
recipient=E2=80=99s fax number.=0D
=0D
=0D
=0D
=0D
15. RELATION BETWEEN THE PARTIES=0D
=0D
=0D
Nothing in this Contract shall be deemed to constitute any employer/=0D
employee relationship, or any partnership or joint venture, between the=
=0D
Parties or constitute either Party as the agent of the other. In this=
=0D
respect, each Party shall be solely responsible for the manner in which=
=0D
the work is carried out. Thus, WHO/Global Fund shall not be responsible=
=0D
for any loss, accident, damages or injury suffered by any person=0D
whatsoever arising in or out of the execution of this work, including=0D
travel. For travel in WHO/Global Fund vehicles, WHO/Global Fund has,=0D
whenever possible and without prejudice to the foregoing, obtained=0D
passenger insurance covering inter alia the contractual partner.=0D
Without prejudice to the fact that WHO/Global Fund does not assume any=
=0D
liability in regard to the execution of the work under this Contract,=0D
including travel undertaken in connection with such work, in case of=0D
travel in WHO/Global Fund vehicles, WHO/Global Fund=E2=80=99s liability =
(if any)=0D
shall in no event exceed the amount of any insurance coverage.=0D
=0D
16. AMENDMENTS; WAIVER=0D
=0D
=0D
=0D
1. Provisions of this Contract may only be amended, waived, discharged=
=0D
or terminated by written communication signed by authorized=0D
representatives of both WHO/Global Fund and the Contractor.=0D
=0D
=0D
2. The waiver, by an act, omission or knowledge of either Party, its=0D
Agent or its employees, of any provision or breach of the contract shall=
=0D
not prevent subsequent enforcement of such provision or excuse further=
=0D
breaches. Best wishes from Kathmandu=0D
______________________________________=0D
Mohga -dictating to the computer so please forgive silly mistakes=0D
Dr. Mohga M Kamal-Yanni=0D
Senior health & HIV policy advisor=0D
Oxfam GB=0D
Tel: + 44 (0) 1865 472290=0D
Fax + 44 (0) 1865 472245=0D
Mobile + 44 (0)777 62 55 884=0D
=0D
Oxfam works with others to overcome poverty and suffering.
Oxfam GB is a member of Oxfam International, a company limited by guarantee=
and registered in England No. 612172.
Registered office: Oxfam House, John Smith Drive, Cowley, Oxford, OX4 2JY.
Registered charity No. 202918.