Request for Proposal (RFP)

Date: 01 April 2010

Dear Sir/Madam,

Subject: RFP for the provision of Agricultural Geographical Information System in Libya.

Project name: “Establishing GIS for the Great Man Made River”

Project number: 00057230

1. You are invited to submit a proposal for Development of Agricultural Geographical Information
System, as per enclosed Terms of Reference (TOR).

2. To enable you to submit a proposal, attached are:

i. Instructions to Offerors …………………….. (Annex I)

ii. General Conditions of Contract………….…. (Annex II)
iii. Terms of Reference (TOR)…………………. (Annex III)
iv. Proposal Submission Form ………………… (Annex IV)
v. Price Schedule ……………………………… (Annex V)

3. Your offer comprising of technical proposal and financial proposal, in separate sealed envelopes,
should reach the following address no later than 15.30 hours, Thursday 13th May 2010.

Resident Representative
United Nations Development Programme
Turkia Street 69/71
Tripoli, Libyan Arab Jamahiriya
P.O.Box: 358
Tel: +218-21-333 08 52
Fax: +218-21-333 73 49

4. If you request additional information, we would endeavor to provide information expeditiously, but
any delay in providing such information will not be considered a reason for extending the submission
date of your proposal.
5. You are requested to acknowledge receipt of this letter and to indicate whether or not you intend to
submit a proposal.

Yours sincerely,
Ramanathan Balakrishnan (Mr.)
UNDP Deputy Resident Representative

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 Annex I
Instructions to Offerors
A. Introduction
1. General

The Agricultural Geographical Information System will be a specialized geographical

information system (GIS). The AGIS will provide an up-to date, updatable, reliable source of
quantitative information to i) support improved decision making about the agricultural
planning of the Great Man Made River authority (GMMR) ii) a platform for spatial data
management in GMMR and iii) perform an important role in securing water resources
management and agricultural land use planning across north west Libya.

2. Cost of proposal

The Offeror shall bear all costs associated with the preparation and submission of the
Proposal, the UNDP will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the solicitation.

B. Solicitation Documents
3. Contents of solicitation documents

Proposals must offer services for the total requirement. Proposals offering only part of the
requirement will be rejected. The Offeror is expected to examine all corresponding
instructions, forms, terms and specifications contained in the Solicitation Documents. Failure
to comply with these documents will be at the Offeror’s risk and may affect the evaluation of
the Proposal.

4. Clarification of solicitation documents

A prospective Offeror requiring any clarification of the Solicitation Documents may notify
the procuring UNDP entity in writing at the organization’s mailing address or fax number
indicated in the RFP. The procuring UNDP entity will respond in writing to any request for
clarification of the Solicitation Documents that it receives earlier than two weeks prior to the
deadline for the submission of Proposals. Written copies of the organization’s response
(including an explanation of the query but without identifying the source of inquiry) will be
sent to all prospective Offerors that has received the Solicitation Documents.

5. Amendments of solicitation documents

At any time prior to the deadline for submission of Proposals, the procuring UNDP entity
may, for any reason, whether at its own initiative or in response to a clarification requested
by a prospective Offeror, modify the Solicitation Documents by amendment.

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 All prospective Offerors that have received the Solicitation Documents will be notified in
writing of all amendments to the Solicitation Documents.

In order to afford prospective Offerors reasonable time in which to take the amendments into
account in preparing their offers, the procuring UNDP entity may, at its discretion, extend the
deadline for the submission of Proposals.

C. Preparation of Proposals
6. Language of the proposal

The Proposals prepared by the Offeror and all correspondence and documents relating to the
Proposal exchanged by the Offeror and the procuring UNDP entity shall be written in
English language. Any printed literature furnished by the Offeror may be written in another
language so long as accompanied by an English translation of its pertinent passages in which
case, for purposes of interpretation of the Proposal, the English translation shall govern.

7. Documents comprising the proposal

The Proposal shall comprise the following components:

a. Proposal submission form;

b. Operational and technical part of the Proposal, including documentation to demonstrate

that the Offeror meets all requirements;

c. Price schedule, completed in accordance with clauses 8 and 9;

8. Proposal form

The Offeror shall structure the operational and technical part of its Proposal as follows:

(a) Management plan

This section should provide corporate orientation to include the year and state/country of
incorporation and a brief description of the Offeror’s present activities. It should focus on
services related to the Proposal.

This section should also describe the organizational unit(s) that will become responsible for
the contract, and the general management approach towards a project of this kind. The
Offeror should comment on its experience in similar projects and identify the person(s)
representing the Offeror in any future dealing with the procuring UNDP entity.

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(b) Resource plan

This should fully explain the Offeror’s resources in terms of personnel and facilities
necessary for the performance of this requirement. It should describe the Offeror’s current
capabilities/facilities and any plans for their expansion.

(c) Proposed methodology

This section should demonstrate the Offeror’s responsiveness to the specification by

identifying the specific components proposed, addressing the requirements, as specified,
point by point; providing a detailed description of the essential performance characteristics
proposed warranty; and demonstrating how the proposed methodology meets or exceeds the
specifications.

The operational and technical part of the Proposal should not contain any pricing information
whatsoever on the services offered. Pricing information shall be separated and only contained
in the appropriate Price Schedules.

It is mandatory that the Offeror’s Proposal numbering system corresponds with the
numbering system used in the body of this RFP. All references to descriptive material and
brochures should be included in the appropriate response paragraph, though
material/documents themselves may be provided as annexes to the Proposal/response.

Information which the Offeror considers proprietary, if any, should be dearly marked
“proprietary” next to the relevant part of the text and it will then be treated as such
accordingly.

9. Proposal prices

The Offeror shall indicate on an appropriate Price Schedule, an example of which is

contained in these Solicitation Documents, the prices of services it proposes to supply under
the contract. The ‘Financial Proposal’shall be sealed in a different envelope and marked as
‘Financial Proposal’, together with the details of the Offeror.

10. Proposal currencies

All prices shall be quoted in US Dollar.

11. Period of validity of proposals

Proposals shall remain valid for sixty (60) days after the date of Proposal submission
prescribed by the procuring UNDP entity, pursuant to the deadline clause. A Proposal valid
for a shorter period may be rejected by the procuring UNDP entity on the grounds that it is
non-responsive.

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 In exceptional circumstances, the procuring UNDP entity may solicit the Offeror’s consent to
an extension of the period of validity. The request and the responses thereto shall be made in
writing. An Offeror granting the request will not be required nor permitted to modify its
Proposal.

12. Format and signing of proposals

The Offeror shall prepare two copies of the Proposal, clearly marking each “Original
Proposal” and “Copy of Proposal” as appropriate. In the event of any discrepancy between
them, the original shall govern.
The two copies of the Proposal shall be typed or written in indelible ink and shall be signed
by the Offeror or a person or persons duly authorized to bind the Offeror to the contract. The
latter authorization shall be indicated by written power-of-attorney accompanying the
Proposal.

A Proposal shall contain no interlineations, erasures, or overwriting except, as necessary to

correct errors made by the Offeror, in which case such corrections shall be initialled by the
person or persons signing the Proposal.

13. Payment

UNDP shall effect payments to the Contractor after acceptance by UNDP of the invoices
submitted by the contractor, upon achievement of the corresponding milestones.

D. Submission of Proposals
14. Sealing and marking of proposals

The Offeror shall seal the Technical Proposal and Financial proposal in one outer and two
inner envelopes, as detailed below.

a. The outer envelope shall be:

• addressed to –

Resident Representative
United Nations Development Programme
Turkia Street 69/71
Tripoli, Libyan Arab Jamahiriya
P.O.Box: 358
Tel: +218-21-333 08 52
Fax: +218-21-333 73 49

• marked with –

“RFP: Provision of Agricultural Geographical Information System in Libya.”

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 b. Both inner envelopes shall indicate the name and address of the Offeror. The first inner
envelope shall contain the information specified in Clause 8 (Proposal form) above,
with the copies duly marked “Original” and “Copy”. The second inner envelope
shall include the price schedule duly identified as such and marked as ‘Financial
Proposal’.

Note, if the inner envelopes are not sealed and marked as per the instructions in this clause,
the procuring UNDP entity will not assume responsibility for the Proposal’s misplacement or
premature opening.

15. Deadline for submission of proposals

Proposals must be received by the procuring UNDP entity at the address specified under
clause Sealing and marking of Proposals no later than 15.30 hours, 13th May 2010.

The procuring UNDP entity may, at its own discretion extend this deadline for the
submission of Proposals by amending the solicitation documents in accordance with clause
Amendments of Solicitation Documents, in which case all rights and obligations of the
procuring UNDP entity and Offerors previously subject to the deadline will thereafter be
subject to the deadline as extended.

16. Late Proposals

Any Proposal received by the procuring UNDP entity after the deadline for submission of
proposals, pursuant to clause Deadline for the submission of proposals, will be rejected.

17. Modification and withdrawal of Proposals

The Offeror may withdraw its Proposal after the Proposal’s submission, provided that written
notice of the withdrawal is received by the procuring UNDP entity prior to the deadline
prescribed for submission of Proposals.

The Offeror’s withdrawal notice shall be prepared, sealed, marked, and dispatched in
accordance with the provisions of clause Deadline for Submission of Proposals. The
withdrawal notice may also be sent by telex or fax but followed by a signed confirmation
copy.

No Proposal may be modified subsequent to the deadline for submission of proposals.

No Proposal may be withdrawn in the Interval between the deadline for submission of
proposals and the expiration of the period of proposal validity specified by the Offeror on the
Proposal Submission Form.

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E. Opening and Evaluation of Proposals
18. Opening of proposals

The procuring entity will open the Proposals in the presence of a Committee formed by the
Head of the procuring UNDP entity.

19. Clarification of proposals

To assist in the examination, evaluation and comparison of Proposals, the Purchaser may at
its discretion, ask the Offeror for clarification of its Proposal. The request for clarification
and the response shall be in writing and no change in price or substance of the Proposal shall
be sought, offered or permitted.

20. Preliminary examination

The Purchaser will examine the Proposals to determine whether they are complete, whether
any computational errors have been made, whether the documents have been properly signed,
and whether the Proposals are generally in order.

Arithmetical errors will be rectified on the following basis: If there is a discrepancy between
the unit price and the total price that is obtained by multiplying the unit price and quantity,
the unit price shall prevail and the total price shall be corrected. If the Offeror does not accept
the correction of errors, its Proposal will be rejected. If there is a discrepancy between words
and figures the amount in words will prevail.

Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness
of each Proposal to the Request for Proposals (RFP). For purposes of these Clauses, a
substantially responsive Proposal is one which conforms to all the terms and conditions of
the RFP without material deviations. The Purchaser’s determination of a Proposal’s
responsiveness is based on the contents of the Proposal itself without recourse to extrinsic
evidence.

A Proposal determined as not substantially responsive will be rejected by the Purchaser and
may not subsequently be made responsive by the Offeror by correction of the non-
conformity.

21. Evaluation and comparison of proposals

The contract will be awarded to the bidder offering the optimal offer with respect to quality,
price and conditions that satisfy the required purpose.

A two-stage procedure will be utilized in evaluating the proposals, with evaluation of the
technical proposal being completed prior to any price proposal being opened and compared.
The price proposal of the Proposals will be opened only for submissions that passed the

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 minimum technical score of 70% of the obtainable score of 1000 points in the evaluation of
the technical proposals.

The technical proposal is evaluated on the basis of its responsiveness to the Term of
Reference (TOR).

In the Second Stage, the price proposal of all contractors, who have attained minimum 70%
score in the technical evaluation, will be compared, and those offering the lowest prices will
be accorded the highest scores for financial proposals.

The contract will be awarded to the Contractor who scores the highest based on a formula:
70% technical + 30% financial.

Cumulative Analysis

The cumulative analysis evaluates the financial offer by introducing into the weighted
evaluation the price proposed as per the following formula:

Sx = (Tx / Thighest) * (70%) + (Flowest / Fx) * (30%), where

Sx = Total score for company x,

Tx = Technical score for company x,
Thighest = Highest technical score obtained among all responsive bids
Fx = Financial Offer for company x, and
Flowest = The lowest financial offer of all evaluated bid prices among responsive bids

Technical Evaluation Criteria

Summary of Technical Proposal Score Weight Points Company / Other Entity
Evaluation Forms Obtainable A B C D E
1. Expertise of Firm / Organisation
submitting Proposal 25% 250

2. Proposed Work Plan and Approach 50% 500

3. Personnel 25% 250

Total 1000

Evaluation forms for technical proposals follow on the next two pages. The obtainable
number of points specified for each evaluation criterion indicates the relative significance or
weight of the item in the overall evaluation process. The Technical Proposal Evaluation
Forms are:

Form 1: Expertise of Firm / Organisation Submitting Proposal

Form 2: Proposed Work Plan and Approach

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 Form 3: Personnel

Note: The score weights and points obtainable in the evaluation sheet are tentative and
should be changed depending on the need or major attributes of technical proposal.

Technical Proposal Evaluation Points Company / Other Entity

Form 1 obtainable A B C D E

Expertise of firm / organisation submitting proposal

1.1 Reputation of Organisation and Staff (Competence / 40

Reliability)
1.2 Litigation and Arbitration history 15

1.3 General Organisational Capability which is likely to 35

affect implementation (i.e. loose consortium, holding
company or one firm, size of the firm / organisation,
strength of project management support e.g. project
financing capacity and project management controls)
1.4 Extent to which any work would be subcontracted 15
(subcontracting carries additional risks which may
affect project implementation, but properly done it
offers a chance to access specialised skills).
1.5 Quality assurance procedures, warranty 25
1.6 Relevance of: 120
- Specialised Knowledge
- Experience on Similar Programme / Projects
- Experience on Projects in the Region Work for
UNDP/ major multilateral/ or bilateral
programmes
Total Part 1 250

Technical Proposal Evaluation Points Company / Other Entity

Form 2 obtainable A B C D E

Proposed Work Plan and Approach

2.1 To what degree does the Offeror understand the task? 30

2.2 Have the important aspects of the task been addressed 30
in sufficient detail?
2.3 Are the different components of the project 30
adequately weighted relative to one another?
2.4 Is the proposal based on a survey of the project 50
environment and was this data input properly used in
the preparation of the proposal?
2.5 Is the conceptual framework adopted appropriate for 30
the task?
2.6 Is the scope of task well defined and does it 150
correspond to the TOR?

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2.7 Is the proposed computer software solution adequate 50
for an operational AGIS?
2.8a Are the proposed staff training components 50
sufficiently comprehensive to ensure smooth
operation of the AGIS for the foreseeable future, after
the AGIS development phase?
2.8b Have the proposers ensured that the AGIS for GMMR 30
has been allocated appropriate resources?
2.9 Is the presentation clear and is the sequence of 50
activities and the planning logical, realistic and
promise efficient implementation to the project?
Total Part 2 500

Technical Proposal Evaluation Points Company / Other Entity

Form 3 obtainable A B C D E

3.1 Task Manager 70

Sub-Score
General Qualification 60
Suitability for the Project
- International Experience 10
- Training Experience 10
- Professional Experience in 30
the areas of specialization
required (GIS, remote
sensing and others )
- Knowledge of the region 10
Language Qualifications 10
70
3.2 Senior Expert 160
Sub-Score
3.3 General Qualification 140
3.4 Suitability for the Project
3.5 - International Experience 10
- Training Experience 50
- Professional Experience in 70
the areas of specialization
required (GIS, remote
sensing and others)
- Knowledge of the region 10
Language Qualifications 20
160
3.2 Junior Expert 20
Sub-Score
3.3 General Qualification 15
3.4 Suitability for the Project
3.5 - International Experience 5
- Training Experience 0
- Professional Experience in 10
the areas of specialization
- Knowledge of the region 0
Language Qualifications 5
20
Total Part 3 250

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F. Award of Contract

22. Award criteria, award of contract

The procuring UNDP entity reserves the right to accept or reject any Proposal, and to annul
the solicitation process and reject all Proposals at any time prior to award of contract, without
thereby incurring any liability to the affected Offeror or any obligation to inform the affected
Offeror or Offerors of the grounds for the Purchaser’s action

Prior to expiration of the period of proposal validity, the procuring UNDP entity will award
the contract to the qualified Offeror whose Proposal after being evaluated is considered to be
the most responsive to the needs of the organisation and activity concerned.

23. Purchaser’s right to vary requirements at time of award

The Purchaser reserves the right at the time of award of contract to vary the quantity of
services and goods specified in the RFP without any change in price or other terms and
conditions.

24. Signing of the contract

Within 30 days of receipt of the contract the successful Offeror shall sign and date the
contract and return it to the Purchaser.

25. Performance security

Within 30 days of the receipt of the Contract from the Purchaser, the successful Offeror shall
provide the performance security on the Performance Security Form provided in the
Solicitation Documents and in accordance with the Special Conditions of Contract.

Failure of the successful Offeror to comply with the requirement of Clause 24 or Clause 25
shall constitute sufficient grounds for the annulment of the award and forfeiture of the
Proposal security if any, in which event the Purchaser may make the award to the next lowest
evaluated Offeror or call for new Proposals.

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Annex II
General Conditions of Contract

1. LEGAL STATUS

The Contractor shall be considered as having the legal status of an independent contractor
vis-à-vis UNDP. The Contractor's personnel and sub-contractors shall not be considered in
any respect as being the employees or agents of UNDP or the United Nations.

2. 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 which may adversely affect UNDP or the United Nations and
shall fulfil its commitments with the fullest regard to the interests of UNDP.

3. 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. 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. 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 with the provisions of this Contract.

6. 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.

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7. 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. 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.
8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's
compensation insurance, or its 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:

(i) Name UNDP as additional insured;

(ii) Include a waiver of subrogation of the Contractor's rights to the insurance carrier against
UNDP;

(iii)Provide that 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 UNDP with satisfactory evidence of the
insurance required under this Article.

9. 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 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.

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10. 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. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS

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, or documents and
other materials which bear a direct relation to or are produced or prepared or collected in
consequence of or in the course of the execution of this Contract. At the UNDP's request, the
Contractor shall take all necessary steps, execute all necessary documents and generally
assist in securing such proprietary rights and transferring them to UNDP in compliance with
the requirements of the applicable law.

12. 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 the
United Nations in connection with its business or otherwise.

13. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION

13.1 All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates,
documents and all other data compiled by or received by the Contractor under this Contract
shall be the property of UNDP, shall be treated as confidential and shall be delivered only to
UNDP authorized officials on completion of work under this Contract.
13.2 The Contractor may not communicate at any time to any other person, Government or
authority external to UNDP, any information known to it by reason of its association with
UNDP which has not been made public except with the authorization of UNDP; nor shall the
Contractor at any time use such information to private advantage. These obligations do not
lapse upon termination of this Contract.

14. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

14.1 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 which are beyond
the control of the Parties.
14.2 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 UNDP, of

15
 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 UNDP of any other changes in conditions or the occurrence of any event which
interferes or threatens to interfere with its performance of this Contract. The notice shall
include steps proposed by the Contractor to be taken including any reasonable alternative
means for performance that is not prevented by force majeure. On receipt of the notice
required under this Article, 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.
14.3 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, 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.

15. TERMINATION

15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty days
notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with
Article 16 "Settlement of Disputes" 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. The Contractor shall take immediate steps
to terminate the work and services in a prompt and orderly manner and to minimize losses
and further expenditures.
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, UNDP may, without
prejudice to any other right or remedy it may have, terminate this Contract forthwith. The
Contractor shall immediately inform UNDP of the occurrence of any of the above events.

16. 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, or relating to this Contract or the breach, termination or invalidity thereof.
Where the parties wish to seek such an amicable settlement through conciliation, the
conciliation 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.

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 16.2. Arbitration

Unless, any such dispute, controversy or claim between the Parties arising out of or relating
to this Contract or the breach, termination or invalidity thereof is settled amicably under the
preceding paragraph of this Article within sixty (60) days after receipt by one Party of the
other Party's request for such amicable settlement, such dispute, controversy or claim shall be
referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules
then obtaining, including its provisions on applicable law. The arbitral tribunal shall have no
authority to award punitive damages. The Parties shall be bound by any arbitration award
rendered as a result of such arbitration as the final adjudication of any such controversy,
claim or dispute.

17. 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. TAX EXEMPTION

18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations
provides, inter-alia, 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 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 UNDP before the payment thereof and 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 UNDP with written evidence that payment of such taxes, duties or
charges has been made and appropriately authorized.

19. 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.

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20. MINES

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.

20.1 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. 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. AUTHORITY TO MODIFY

No modification or change in this Contract, no waiver of any of its provisions or any

additional contractual relationship of any kind with the Contractor shall be valid and
enforceable against UNDP unless provided by an amendment to this Contract signed by the
authorized official of UNDP.

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 Annex III

Terms of Reference for sub-contract

"DEVELOPMENT OF AGRICULTURAL GEOGRAPHICAL INFORMATION SYSTEM”

I. Objective:

UNDP Libya and the Great Man Made River Authority (GMMR) are cooperating on a
national project. Under the scope of this project UNDP seeks to support GMMR in
establishing a Geographical Information System (GIS).

By using this management tool (GIS), GMMR will be able to reorganize all water resources
data in a geographically referenced computerized database, and improve information access
for enhanced water resources monitoring and agricultural land use planning.

The objectives of the GIS project include:

1. Nationalization of the GIS and related technologies through building a team of

qualified nationals, capable of carrying out GIS tasks, supporting decision in GMMR.

2. Building a platform for spatial data management in GMMR, to facilitate information

retrieval, data organization and preservation, data sharing and communication.

3. Decision Support for Water Resources Management and agricultural land use
planning in GMMR, through simulating and analyzing different scenarios/plans
related to water supply/consumption in the context of existing/planned agricultural
projects.

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Anticipated scope of Services to be provided by the specialized Companies

(i) System Development:

An incremental approach should be taken to the development of the AGIS, starting small
following this clear plan for growth of the system during the time-scale of this project.
Access to the GIS should be initially with a core team in the GIS Unit of GMMR.

When the system is proven to be working well, with local staff trained in using it to produce
basic maps & as a spatial analysis tool and it is routinely supplying the information required
for these users / decision makers, the contractor is required to include awareness raising (for
other departments of GMMR) at all stages in the activity development of the GIS should be
included.

(ii) Information to be provided by the AGIS:

Decision makers in the GMMR authority require the AGIS to provide up-to-date, reliable
maps and a means for accurately monitoring & evaluating agricultural projects under
investment for the utilization of water system of the Great Man-Made River to support &
target management activities and in so doing improve decision making, specifically:

• Distribution and extent of 10 current and 5 proposed agricultural projects (covering

22189 ha & 11140 ha, respectively) – definitive, large scale (1:25,000), georeferenced
maps - differentiating the various main types of land use – classes to be defined by soil
classification / climate conditions / water requirements / potential yield / irrigation. This
will be the priority first output of the AGIS, derived from supervised classification of
high resolution multi-spectral satellite imagery;
• Detection and quantification of changes in land use (frequency anticipated every 2-3
years);
• Identification of farms subject to land degradation (soil erosion / over stocking,
particularly on private land);
• Types of ownership (private or State, including boundaries of farms) across the
agricultural projects;
• Physical infrastructure (roads / tanks etc.), important for access re management.

The AGIS will be much more than a library of digital versions of paper maps – it will
provide analytical tools, which will enable the GIS Unit of GMMR and other users to
perform spatial analysis / modelling functions including:

• Land suitability planning and analysis;

• Maximum yield production;
• Estimating irrigation water requirements;

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• Providing information for environmental impact assessments (EIAs) (e.g. building of
dams, road construction);
• Evaluating and examining landuse changes using remote sensing data.

(iii) Mapping and Other Datasets Required in the AGIS

It is imperative for the success of the AGIS that negotiations with other Government
organizations are successful to enable a core of maps and other spatial data to be made
available for inclusion in the system. It is anticipated that some datasets can be exchanged
freely; others may be available at some cost to the project, these costs must be included in the
financial proposal.
Several sets of paper maps are available for the agricultural projects (existing and proposed
projects); these paper maps are divided into: soil maps and design maps, in addition to
structural details of GMMR components. In general, due to enormity of work in the GMMR
and the wide span for both the geographical and temporal aspects of its agricultural projects,
this led to the existence of some non-homogeneity, data gaps, etc. Therefore, considerable
effort is needed in re-organizing the existing data, maps and checking their compatibility
with regards to coverage, completeness, and coordinate systems.

(iv) AGIS Outputs

• The contractors developing the system must prioritize acquisition of up-to-date high
resolution multi-spectral satellite imagery (e.g. SPOT) for all agricultural projects.
• The initial priority outputs from the AGIS are large scale (1:25,000) maps and associated
tabular data on the current agricultural projects (prepared from the satellite imagery).
• The second priority activity for the AGIS contractors should be the production of a
change analysis, using historical (legacy) imagery. This will train the local team of staff
in the procedure to undertake such analysis with the GIS software.
• Over the project term:
o more datasets (soils, contours & or DEM, hydrology, farms ownership,
population, administrative boundaries, roads) should be added in the
progressive development of the AGIS;
o staff are to be trained to gain confidence using the full capabilities of the
AGIS.
• At all stages in system development, the AGIS contractors should include awareness
raising activities (for other departments of GMMR).

(v) Development of System Management and Protocols for Access

The GMMR Authority will have ultimate responsibility for the management and
maintenance of the AGIS after hand-over by the contractor.

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(vi) Staff Training

It is critically important to the success of the AGIS that the staff have sufficient education
and training in the concepts and principles of both GIS and remote sensing, also a sound
understanding of spatial analysis – before continuing with the technical training to increase
their abilities to input / store / manage / manipulate / analyse the data to output information
using the AGIS software and hardware.

10 staff members from the GMMR authority who have been identified to be trained to use
the AGIS. All the staff have a basic level of computer literacy.

Local staff must be actively involved in setting-up the AGIS from the beginning of the
contract, as an essential part of their training. Such on-the-job training, using the AGIS
hardware, software and inevitably unique operational issues, is much more effective in
building-up and strengthening a team than sending staff for training outside the project
country.

In-service (e.g. on-line, on-going training) must be made available to help retain and
motivate staff in what is a fast-moving area of technology. ESRI have a wide range of web-
based training courses – and a number of universities offer distance learning courses in GIS
and remote sensing. This should be budgeted for in the AGIS proposal.

Purchases

1. The AGIS contractors should purchase and organise appropriate licenses for the widely
available ESRI suite of GIS software ArcGIS and ERDAS Imagine image processing
software to enable the operators to undertake the required data processing, analyses and
map production tasks.
2. Further hardware should be added to the system (and tested) before completion of the
contract (UNDP is in charge of the procurement of the Hardware).
3. The proposers should include all training costs in their response to this RFP – initial and
on-going.
4. The budget should also cover required consumables (paper, printer ink etc).

Inputs by the Government

The GMMR authority will provide secure office space, with sufficient reliable power supply
(UPS etc) for the installation and operation of the AGIS computers. It will also provide the
required access to the internet (telephone lines) and transport facilities.

Appropriate staff from the GMMR authority will be made available for training (initially and
on-going). The GIS Unit of the GMMR authority will be responsible for operating and
updating of the AGIS beyond the timeframe of the project.

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Time Frame and Progress Reports

The Contractor should propose their detailed workplan in their AGIS Submission in response
to this RFP, which should not exceed a period of 12 months.

The contractor must provide the following reports to the National Project Coordinator and
UNDP Libya Country Office:

Title Content Timing

Inception Outlining the proposed time-table of Within 1 month of the

Report software / hardware / data acquisition, start of the Contract
proposals for high level seminar and
training of local staff. Any deviation from
the proposed TOR’s will have to be
discussed with the Project Coordination
Unit and any changes reflected in the
Inception Report.
Progress Short reports reflecting the progress of the On the final working day
Reports activities according to the Work plan of each month.
Mid-term Documenting progress in hardware / Half way through
Report software / AGIS outputs / staff training. Contract
System Technical report on the software / hardware Two weeks before
Handover Report of the AGIS and manual for local staff the completion of the
contract
Final Report Documenting achievements, including data On completion of the
included within the AGIS and, staff training contract
undertaken

Requirements of the Proposer for the AGIS

Proposers are required to be expert practitioners in the field of developing geographical

information systems for operational management of natural resources. Submissions in
response to this RFP should therefore clearly demonstrate the following:
• Technical expertise in developing specialist geographical information systems
using ESRI software and hardware systems as outlined above (or a comparable
system, with full reasoning for their choice of a different system);
• Sound understanding of remote sensing and proven abilities in satellite image
processing / interpretation for vegetation mapping / monitoring;
• Expertise in using GIS and RS for spatial modelling;
• Expertise in training local staff in using / up-dating / managing systems such as
the AGIS – or proposals to ensure staff are adequately trained by others within the
project (e.g. using ESRI trainers and / or on-line courses);
• Expert knowledge and a proven track record in developing GISs which operates
successfully post project.

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 The Contractor will be responsible for the:
• Formation of any consortia, whilst retaining sole responsibility for delivery of the
project and all outcomes;
• Formulation of the project design, scheduling and workplan;
• Project management and reporting to the project board;
• Preparation of submissions to attain project board approval of significant initiatives or
modifications to the TORs in the RFP;
• Supply of the necessary software and digital remote sensing imagery;
• Development, modification and customisations of any software;
• Development of hardware networks;
• Organisation of necessary software licenses;
• Organisation of on-going hardware maintenance;
• Acquisition, collection, verification and development of back-up / storage systems for
data required within the AGIS;
• Awareness raising [across GMMR authority];
• Documenting of the system and procedures sufficient for GMMR staff to take over
operational responsibility for the system;
• A proposal for undertaking the AGIS, including the Approach and Staff Inputs (with
CVs).

III Duration of Contract: 12 months

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 Annex IV

PROPOSAL SUBMISSION FORM

Dear Sir / Madam,

Having examined the Solicitation Documents, the receipt of which is hereby duly acknowledged,
we, the undersigned, offer to provide Professional Consulting services (profession/activity for
Project/programme/office) for the sum as may be ascertained in accordance with the Price
Schedule attached herewith and made part of this Proposal.

We undertake, if our Proposal is accepted, to commence and complete delivery of all services
specified in the contract within the time frame stipulated.

We agree to abide by this Proposal for a period of 120 days from the date fixed for opening of
Proposals in the Invitation for Proposal, and it shall remain binding upon us and may be accepted
at any time before the expiration of that period.

We understand that you are not bound to accept any Proposal you may receive.

Dated this day /month of year

Signature

(In the capacity of)

Duly authorised to sign Proposal for and on behalf of

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Annex V
PRICE SCHEDULE

The Contractor is asked to prepare the Price Schedule as a separate envelope from the rest of the
RFP response as indicated in Section D paragraph 14 (b) of the Instruction to Offerors.

All prices/rates quoted must be exclusive of all taxes, since the UNDP is exempt from taxes as
detailed in Section II, Clause 18.

The Price Schedule must provide a detailed cost breakdown. Provide separate figures for each
functional grouping or category.

Estimates for cost-reimbursable items, if any, such as travel, and out of pocket expenses should
be listed separately.

In case of an equipment component to the service provided, the Price Schedule should include
figures for both purchase and lease/rent options. The UNDP reserves the option to either
lease/rent or purchase outright the equipment through the Contractor.

The format shown on the following pages should be used in preparing the price schedule. The
format includes specific expenditures, which may or may not be required or applicable but are
indicated to serve as examples.

In addition to the hard copy, if possible please also provide the information on CD or DVD
format.

Price Schedule:
Request for Proposals for Services
Description of Activity/Item Number of Staff Monthly Rate Estimated
Amount
1. Remuneration
1.1 Services in Home office
1.2 Services in Field

2. Out of Pocket Expenses

2.1 Travel
2.2 Per Diem Allowances
2.3 Communications
2.4 Reproduction and Reports
2.5 Equipment and other items

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