INVITATION TO BID (ITB) - Welcome to the UNGM Web view6.8 The Contractor acknowledges that time shall be of the essence in performance of the LTA, ... 9.3 The Contractor shall fax

Book G: Chapter 7, Section 11 - Template for LTA Annex 03

LONG TERM ARRANGEMENT (LTA)LTA No. [Reference number]

[Date]

UNITED NATIONS CHILDREN’S FUND (UNICEF)

Wishes to enter into a Long Term Arrangement with

[Name of Company][Address][Telephone][Fax]

For the purchase of:

[Items/Services]

as stipulated in the attached document

For UNICEF: For [Supplier/Supplier’s Name]

______________________________ ______________________________ [Name] [Name][Title] [Title] For UNICEF:

______________________________ [Name][Title]

UNICEF’S GENERAL TERMS AND CONDITIONS ATTACHED APPLYITB Reference: [Reference Number]

QUERIES TO: Supply/Procurement Assistant: [Name and e-mail address]

Long term arrangement:

ITB-(country code)-2004-1XXXX 1


Validity : [Insert]Delivery terms : [Insert]Estimated max value : [Insert]Payment currency : [Insert]Payment terms : [Insert]

Item Material Description Quantity Unit price

Net value

[Insert]



CONTRACTUAL PROVISIONS

1. DEFINITIONS

Annex or Annexes means that annex or those annexes attached to and forming an integral part of the Arrangement.

Commencement Date means [INSERT DATE].

Contractor means [INSERT CONTRACTOR'S FULL NAME].

Expiry Date means [INSERT DATE].

Goods means the [INSERT BRIEF DESCRIPTION OF THE ITEMS] provided by the Contractor to UNICEF from time to time pursuant to the Contractors receipt of UNICEFs Purchase Order specifying exact quantities required, in accordance with the specifications and prices in this Arrangement.

Invitation to Bid as abbreviated to ITB, means ITB No. [INSERT NUMBER] from UNICEF to the Contractor, to quote for the cost of supply of the Goods to UNICEF.

Long Term Arrangement as abbreviated to LTA, means this agreement between the Parties, to provide Goods, [DELETE IF NOT APPLICABLE] [whereby(a) The LTA will be established between UNICEF Supply Division in Copenhagen and the awarded supplier(s).(b) UNICEF Supply Division and UNICEF Country Offices will place purchase orders against the DO LTA, and payment will be made through UNICEF Headquarters (Supply Division, Copenhagen).]

Parties means UNICEF and the Contractor, their successors and assigns and where not repugnant to the context, their servants or agents.

Purchase Order or Purchase Orders means the order raised by UNICEF to purchase Goods in specific quantities from the Contractor from time to time.

Total Price means an amount not to exceed [USD/Euro] [INSERT AMOUNT].

UNICEF means the United Nations Childrens Fund, an international inter-governmental organisation and its authorised representative or representatives.

Warranty Period means the period of duration of the warranty or warranties in respect of the Goods, as provided in Clause 17.3.

2. PURPOSE OF LTA



2.1 The Contractor shall provide Goods to UNICEF as may be required from time to time pursuant to a Purchase Order or Purchase Orders, and in accordance with the terms and conditions of this LTA.

2.2 The Contractor acknowledges that:

(a) UNICEF is not obligated to order any minimum quantity of Goods from the Contractor, pursuant to this LTA.

(b) UNICEF shall not be liable for any cost in the event that no purchase of Goods is made under this LTA; and

(c) This Arrangement is non exclusive, and UNICEF is entitled to procure the same or similar Goods from other Contractors, as it sees fit.

3. TERM AND TERMINATION

3.1 The LTA shall be for a term of [INSERT TERM], and shall commence on the Commencement Date and expire at midnight on the Expiry Date, unless earlier terminated in accordance with the provisions of this LTA.

3.2 UNICEF shall be entitled to renew the LTA for a further term of [INSERT TERM] and on the same terms and conditions, by giving the Contractor written notice of its intention to renew the LTA not less than 30 days prior to the Expiry Date.

3.3 In the event of a breach by one of the Parties, of a provision or provisions of the LTA, the other party may for valid cause, terminate the LTA upon 30 days written notice to the party in default, stating the reason for the termination.

3.4 In the event of a termination of this LTA:

(a) The Contractor shall take immediate steps to cease provision of Goods in a prompt and orderly manner and shall not undertake any forward commitments from the date of the termination notice;

(b) The Contractor acknowledges that UNICEF shall only pay the Contractor for Goods satisfactorily provided in accordance with the LTA, to the date of the termination notice.

4. TOTAL PRICE

4.1 UNICEF shall pay the Contractor for each Purchase Order issued and delivery made in accordance with the terms of this LTA, a sum which shall be based on the quantities ordered by UNICEF and delivered by the Contractor, at the prices specified in this LTA. The Contractor acknowledges that total payments by UNICEF under this LTA shall not exceed the Total Price except if that amount has been increased by amendment in accordance with Clause 19.1.



4.2 The Contractor guarantees that the prices specified in this LTA, are the maximum prices that shall remain firm and shall not be increased during the entire term of the LTA, provided however that in the event that the Contractor is able to offer UNICEF a discounted price on placement of bulk orders, the unit prices shall be reduced for specific Purchase Orders.

5. MOST FAVOURED CUSTOMER PRICE CERTIFICATION

5.1 By signing this LTA we certify that UNICEF, for transactions resulting from this LTA is not being charged more than other clients for similar equipment and similar quantities and within similar circumstances.

6. SUPPLY OF THE GOODS

6.1 UNICEF may issue Purchase Orders to the Contractor, from time to time during the term of this LTA, making reference to this LTA, and setting out the quantities required and other instructions for the delivery of the Goods.

6.2 The Contractor agrees to supply Goods to UNICEF pursuant to Purchase Orders received during the term of the LTA, which shall conform with the specifications and the prices specified in this LTA.

6.3 In the event of UNICEF placing a Purchase Order which the Contractor considers it cannot substantially meet because of limited quantities of stock or inability to meet the specifications, before proceeding to make a partial delivery of the Goods, the Contractor shall seek further written instructions from UNICEF.

6.4 The Contractor shall accept changes to or cancellations of Purchase Orders provided that reasonable written notice is given by UNICEF in the circumstances and no production costs have been incurred.

6.5 The Contractor shall cover all transportation costs related to the return and replacement of Goods, if such Goods are not accepted by UNICEF due to poor quality or workmanship. Goods returned to the Contractor shall be recorded as credits to UNICEF and replacements shall be delivered promptly.

6.6 The Contractor undertakes to provide to UNICEF information, upon request, regarding the date of receipt of each UNICEF Purchase Order, including the Purchase Order number, as well as detailed delivery status of each UNICEF order, costs to be charged and payments made by UNICEF or pending.

6.7 The Contractor shall be responsible for providing all the necessary personnel, equipment, materials and supplies and for making all necessary arrangements for the performance of its obligations under this LTA.



6.8 The Contractor acknowledges that time shall be of the essence in performance of the LTA, and it shall use its best endeavours to abide by the delivery periods as indicated in Clause 8.2 and as may be specified in Purchase Orders, provided however, that where the Contractor does not meet the delivery period(s) UNICEF shall be entitled to give the Contractor notice of its intention to cancel the LTA unless Goods are delivered within a reasonable and specified time frame.

7. ORDER CONFIRMATION

7.1 The Contractor shall acknowledge receipt of a Purchase Order by signing and returning the Purchase Order acknowledgement within five working days of its receipt.

8. DELIVERY

8.1 The Contractor shall deliver the Goods [CHOOSE THE APPROPRIATE INCOTERM - DDU/FCA] to UNICEF in accordance with this LTA and with the quantities and other instructions specified in the Purchase Orders (for shipping instructions, refer to clauses 9 (DDU) and 10 (FCA) as appropriate). All risks of loss or damage to the Goods shall remain with the Contractor until physical delivery takes place in accordance with the LTA.

8.2 Delivery shall not exceed [SPECIFY THE TIME PERIOD] days from the date of receipt of a Purchase Order by the Contractor, and the Contractor acknowledges that lead time for delivery is defined as the time from receipt of a Purchase Order and :(a) In the case of DDU deliveries - including the manufacturing period and the projected period for shipment;(b) In the case of FCA deliveries - the manufacturing period until goods are available for dispatch from the point of origin.

8.3 Delivery shall only occur upon the arrival of the Goods in accordance with instructions on a Purchase Order, and verification by UNICEFs personnel and / or its designated / authorised representatives that the Goods are in a satisfactory condition. Inspection and verification of the Goods shall be made as soon as reasonably practicable after receipt and UNICEF shall be entitled to reject and refuse acceptance of the Goods not conforming to this LTA. Payment for any non conforming Goods pursuant to this LTA, shall not be deemed an acceptance of the Goods.

8.4 The Contractor acknowledges that any inspection and/or verification of the Goods, by UNICEF, does not involve the operational and functional status of the Goods.

9. SHIPPING INSTRUCTIONS (DDU COPENHAGEN)

9.1 For DDU orders the delivery date is understood to be the date of delivery to the UNICEF Warehouse in Copenhagen. Any impediment to delivery must be advised in writing to UNICEF as soon as possible.



9.2 For DDU orders, the Contractor shall, in good time to meet the delivery date(s) specified in the Purchase Order, arrange delivery by the most direct and advantageous route to the UNICEF Warehouse in Copenhagen.

9.3 The Contractor shall fax full shipping details, and a copy of the packing list and invoice as soon as these are available to Fax: +45 35 26 57 43.

9.4 A full set of clean on board airway bills/bills of lading and the original packing list shall be sent by mail to:Warehouse Receiving Office, UNICEF Supply Division, UNICEF Plads, Freeport, DK 2100 Copenhagen, Denmark (Tel: +45 35 27 34 09).

10. SHIPPING INSTRUCTIONS (FCA Main Port)

10.1 For FCA orders, the Contractor shall, in good time to meet the delivery date(s), obtain forwarding instructions from the UNICEF appointed forwarding agent, which will be named in the Purchase Order.

10.2 To ensure that the forwarder without undue delay can arrange dispatch of the consignment(s), the contractor is required to complete and sign one Notification of Goods' Readiness per shipment and send the form to the freight forwarder as designated in this PO; and with a copy to UNICEF. The Notifications shall be sent at least three working days before the confirmed date of Readiness of Goods.

10.3 Once the Contractor has notified the forwarder about the actual date of goods' readiness and submitted a complete set of documents, as described herein, the forwarder shall arrange the shipment within the following time limits;

AIR: Normally within 5 working daysSEA/OVERLAND: Normally within 10 working days

10.4 Any impediment to delivery must be advised in writing to UNICEF and the forwarder as soon as possible.

11. DOCUMENTS REQUIRED BY FORWARDING AGENT (FCA Main Port)

11.1 The Contractor shall submit the following documents to the UNICEF freight forwarder:

(a) Four copies of itemised invoice;(b) Four copies of packing list; (where available)(c) Any other document/certificate required for export/import of goods.

11.2 In the case of hazardous goods, prior to shipment, the Contractor shall provide the UNICEF freight forwarder with complete details, including UNICEF material numbers, quantities, packing requirements, shipping restrictions and UNICEF Purchase Order



number, together with pertinent hazardous goods documentation, both for domestic and international transportation.

12. PACKING

12.1 General Packing Requirements

12.1.1 The bidder warrants that the cost of packing is included in the cost offered for the items.

12.1.2 The successful bidder shall ensure that:

12.1.2.1 The packing is of a sturdy export quality, of virgin base materials and of a commercial standard that will provide adequate protection of the goods for carriage by air, sea and/or road to final destinations worldwide, including remote locations under adverse climatic and storage conditions, and high humidity - i.e. not less than 17kN edge crush resistance with minimum 60% remaining with 90% humidity at a temperature of 40C (tropical conditions);

12.1.2.2 The packaging unit is strong, able to be stacked to a height of 4 pallets as static storage and 2 pallets during transport, and resistant to puncturing;

12.1.2.3 All wood packaging, including pallets and boxes, utilised in any shipment, have undergone the treatment, marking and documentation required to meet the specifications described in ISPM No. 15: Guidelines for Regulating Wood Packaging Material in International Trade, available at www.ippc.int.

12.1.2.4 Alternatively, the use of plastic pallets is acceptable. However it is essential that they possess the same physical features as the wooden pallets described above. (See pictures of wood and plastic pallets on the UNICEF Internet at http://www.unicef.org/supply/index_suppliers.html.)In particular they must have three (3) longitudinal bottom deck lead boards. Feet are NOT acceptable.Pallets manufactured from other materials than solid wood or plastic are NOT acceptable; (such as wood chip, MDF board, ply wood or carton).

12.1.2.5 Deliveries to any destination other than the UNICEF Warehouse, Copenhagen, Denmark, are packed / palletised in the most cost-effective way to minimise freight costs.

12.1.3 Identification markings

12.1.3.1 All cases, cartons, inner boxes etc. must be clearly marked as follows:

a) Purchase Order Number (optional for inner boxes);b) UNICEF Material Number (If applicable);c) Description of contents;



d) Quantity per carton;e) Gross Weight;f) Cubic Measurement;g) Batch Number Reference (if applicable);h) IMCO classification (if applicable);i) Manufacturing Date (if applicable);j) Expiry Date (if applicable).

This clause does not apply for deliveries to UNICEF Warehouse, Copenhagen, Denmark; for deliveries to UNICEF Warehouse, Copenhagen, Denmark clause 12.2.2.1 refers.

12.1.3.2 No carton may contain items from more than one manufacturing batch. Cartons containing non-uniform contents must be specially marked with red at the top corners. No carton shall contain more than 1 batch.

12.1.3.3 The size of the markings and labels must not exceed A5 (210 x 148 mm).

12.1.3.4 Case identification as requested on the order must be mentioned on all invoices.

12.2 Packing Requirements for deliveries to UNICEF Warehouse, Copenhagen, Denmark

12.2.1 Palletisation

12.2.1.1 Unless otherwise agreed, all deliveries to the UNICEF Warehouse, Copenhagen, Denmark, must be on non returnable EURO size pallets ISO 445/EN 13698-1 and have the following nominal dimensions: 1200 x 800 x 144 mm (L x W x H). Alternatively, pallets with nominal measurements: 1200 x 1000 x 144 mm (L x W x H) can be used if this size matches the cartons better. Tolerances according to standard for the above measurements are: L and W: +/- 3 mm. H: +7/-0 mm.In order to optimize container loading, the width of the pallets can be reduced to 750 mm.

12.2.1.2 Goods which do not fit on a EURO size pallet because of their size shall be delivered on pallets commensurate with the dimensions of the goods. This must be agreed in advance by the UNICEF Warehouse & Logistics Officer.

12.2.1.3 The palletised goods must not exceed the length and width of the pallet as described in 12.2.1.1 unless otherwise agreed. Any deviation from above measurement, necessitated by the physical properties of the goods, must be agreed upon, in writing, prior to shipping.The recommended and maximum combined height of the pallet and the palletised goods is 1050 mm in order to optimise container loading.

12.2.1.4 The goods shall be securely packed and stacked on the pallet and either shrink-wrapped or strapped.

12.2.1.5 If the goods are batch managed, each pallet/carton shall contain one batch only.



12.2.2 Markings and labelling requirements:

12.2.2.1 The pallets, outer and inner cartons shall be marked with:

a) UNICEF purchase order number (optional for inner cartons)b) UNICEF material numberc) Quantityd) Batch number, if applicablee) Manufacturing date, if applicablef) Expiration date, if applicable

12.2.2.2 For pallets and outer cartons, the markings shall be in both text format and contained in a barcode label in accordance with barcode standard EAN128. The height of the barcode shall be minimum 15 mm. Inner cartons shall also be barcode labelled.The pallet barcode label shall be placed at each of the two short sides of the pallet, outside the shrink-wrapping, if any at the top right corner.

12.2.2.3 Only the following identifiers (listed in brackets) in relation to barcode labelling shall be used. Where alternative is indicated, only one of these shall be used.

(400) Purchase order number(93 or 240) Material number(37) Quantity(10) Batch number(11) Manufacturing date(12 or 17) Expiration date

12.2.2.4 The date format shall follow one of the following standards:

DD/MM/YYYYDD/MM/YYMM/YYYYMM/YY

12.2.2.5 Successful bidders shall send a sample of a barcode label for approval prior to any shipment to UNICEF Warehouse. The sample shall be sent to: UNICEF Warehouse, Copenhagen, Denmark, Attention: Warehouse & Logistics Officer. It is also possible to obtain a sample barcode label from UNICEF by contacting the WLC Officer.

12.2.3 Successful bidders who do not comply with UNICEFs particular packing requirements for deliveries to the UNICEF Warehouse, Copenhagen, Denmark, as outlined in clauses 12.2 shall be invoiced the extra cost on arrival at UNICEF. The current fees are available on UNICEF Internet (http://www.unicef.org/supply/index_suppliers.html). UNICEF also reserves the right to



reject non compliant shipments. All additional costs in relation to the rejection of the shipment shall be borne by the supplier.

13. PACKING LIST

13.1 All markings must be reflected in the packing list to be completed at time of shipment. The packing list shall indicate the manufacturing batch number (where applicable) and cross-reference to the carton numbers, pallets, and containers. One copy of the packing list must be included with the shipment and another copy shall accompany the shipping documents.

13.2 Any exemptions granted in relation to the packing specifications under 12.1 and 12.2 shall be clearly stated on the packing list.

14. DANGEROUS GOODS

14.1 The handling and transport of dangerous goods is subject to rules and regulations based on international transport agreements (ADR, RID, IMDG Code, IATA DGR, ICAO) in order to prevent injury to persons, damage to cargoes and living resources. Hence, should any products comprised in this LTA be classified as dangerous goods, it is the Contractor's responsibility to ensure that the goods are packed and labelled correctly, transported safely and accompanied by the necessary transport certificates during shipment.

15. CONSULAR/CUSTOMS INVOICES (FCA Main Port)

15.1 In accordance with agreements between UNICEF and most countries of destination, UNICEF supplies and equipment do not require Consular or Customs invoices. Certain consulates, however, insist on legalisation but in this case no consular fee is payable. ALL documents should clearly indicate the UNICEF Purchase Order number and country of destination.

16. PAYMENT

16.1 The Contractor shall submit invoices to the UNICEF Supply Division, Finance/Invoice Verification Unit, UNICEF Plads, Freeport, DK 2100 Copenhagen, Denmark, (Tel: +45 35 27 35 27) for all Goods ordered and delivered to UNICEF, together with supporting documentation to the effect that UNICEF has received delivery of the Goods in the quantities invoiced, namely:

(a) Itemised invoice (original);(b) Packing list;(c) For FCA deliveries, proof of delivery to the freight forwarder (transport document or Forwarder's Certificate of Receipt (FCR)).



16.2 Unless otherwise authorised by UNICEF, a separate invoice must be submitted in respect of each Purchase Order issued pursuant to this LTA and the Contractor shall ensure that all invoices:

(a) Are submitted in English;(b) Are payable in [CHOOSE - USD/Euro](c) Refer to LTA No. [INSERT LTA NUMBER] and the Purchase Order pertinent to each particular delivery of Goods;(d) Provide clear and specific details of the Goods that have been provided pursuant to a specified Purchase Order number;(e) Clearly state the deliveries that they cover.

16.3 Provided that the Contractor has performed its obligations under this LTA to the satisfaction of UNICEF, and has submitted to UNICEF invoices and other supporting documentation required by this LTA, UNICEF shall, unless otherwise specified in this LTA or the Purchase Orders, make payment within 30 days receipt of:

(a) The Contractors invoice for the Goods; and(b) The actual Goods, including copies of the customary shipping documents and other documents specified in this LTA;whichever (a) or (b) is the latter, [INSERT ONLY IF CONTRACTOR HAS OFFERED A PROMPT PAYMENT DISCOUNT - provided however that if UNICEF makes payment within [INSERT PERIOD] of receipt of the items referred to above, a [SPECIFY PERCENTAGE] discount shall apply and shall be credited to UNICEF by the Contractor.]

16.4 Payments for the Goods shall be deposited into the Contractors bank account as specified in the invoice(s), or by cheque.

16.5 UNICEF shall not pay any charge for late payment unless expressly agreed to in writing.

17. WARRANTIES

17.1 The Contractor shall assign UNICEF with all manufacturers warranties, including but not limited to the warranty that the Goods shall be free of defects.

17.2 The Contractor warrants to UNICEF that:

(a) The Goods shall be new and factory packed and shall conform to the LTA Documents, and in particular to the specifications in this LTA, and shall be fit for the particular purpose(s) for which they are intended as set out in the LTA Documents;(b) The Goods are free from defects in workmanship and materials;(c) The Goods are contained or packaged in a manner adequate to protect them;



(d) It has not and shall not enter into any agreement or arrangement that restrains or restricts UNICEFs or the ultimate recipient's rights to use, sell, dispose of or otherwise deal with any item that may be acquired under any resulting LTA;(e) It has the personnel, experience, qualifications, facilities, financial resources and all other skills and resources to perform its obligations under this LTA.(f) Breach of any of these warranties is a breach of a fundamental term of the LTA.

17.3 The Warranty Period shall commence after UNICEFs acceptance of a delivery made by the Contractor under this LTA by UNICEF and or / its designated / authorised representatives, and shall terminate 12 months after delivery has been made, or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty required by the LTA Documents.

17.4 If, during the Warranty Period, the Goods or any part thereof purchased under this LTA are found by UNICEF to be defective or found not to conform with the LTA Documents, UNICEF may so notify the Contractor in writing and in this event, the Contractor shall, promptly and at its own expense, correct the defect(s) and non conformity(y)(ies). If defect(s) and non conformity(y)(ies) cannot be corrected, the Contractor shall, at UNICEFs discretion, either replace the defective materials or reimburse UNICEF promptly.

17.5 The Contractor acknowledges that:

(a) UNICEF may further distribute the goods supplied to its Programme partners, including procurement services customers;(b) The benefit of any warranties provided and liabilities entered into with UNICEF, shall be passed on by UNICEF to its Programme partners, including Procurement Services customers.

18. INSPECTION OF FACILITIES

18.1 The Contractor shall permit UNICEF, or any other representative as may be designated by UNICEF, to have access to the manufacturing facilities of the Goods, at all reasonable times to inspect the manufacturing site and processes for the production, quality control, quality assurance and packing of the Goods. The Contractor shall provide reasonable assistance to the representative for such appraisal, including copies of any documentation as may be necessary. UNICEF reserves the right to reject any Goods that do not conform to the required specifications.

18.2 The inspection may be carried out in conjunction with the appropriate National Authority.

19. LTA AMENDMENTS

19.1 No modification of, or change in this LTA or waiver of any of its provisions or additional contractual relationship with the Contractor shall be valid and enforceable



against UNICEF unless affected by an amendment to this LTA signed by the Contractor and the UNICEF Chief Contracting Officer.

20. RIGHTS OF UNICEF

20.1 In case of failure by the Contractor to perform under the terms and conditions of this LTA, including but not limited to failure to obtain necessary export licences or to make delivery of all or part of the Goods by the delivery date or dates, UNICEF may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:

(a) Procure all or part of the Goods from other sources, in which event UNICEF may hold the Contractor responsible for any excess cost occasioned thereby. In exercising such rights UNICEF shall mitigate its damages in good faith;(b) Refuse to accept delivery of all or part of the Goods;(c) Terminate the LTA without any liability for termination charges or any other liability of any kind of UNICEF;(d) For late delivery of Goods or for items which do not meet UNICEFs specifications and are therefore rejected by UNICEF, claim liquidated damages from the Contractor and deduct 0.5% of the value of the Goods pursuant to a Purchase Order per additional day of delay, up to a maximum of 10% of the value of the Purchase Order. The payment or deduction of such liquidated damages, shall not relieve the Contractor from any of its other obligations or liabilities pursuant to this LTA or a Purchase Order.

21. NOTICES

21.1 Any notice to be given to the Parties, shall be sent in writing to:

[INSERT NAME], Contracts OfficerUNICEFUNICEF Plads, Freeport, DK 2100 Copenhagen, DenmarkFax: + 45 35 26 94 21Tel: + 45 35 27 [INSERT NUMBER]

in the case of UNICEF, or

[INSERT CONTRACTOR'S NAME][INSERT CONTRACTOR'S ADDRESS].Attn: ManagerFax: [INSERT FAX NUMBER]Tel: [INSERT PHONE NUMBER]

in the case of the Contractor, or to such other addresses as the Parties may provide in writing from time to time. Notices shall be effective when received.

22. UNETHICAL BEHAVIOUR



22.1 UNICEF strictly enforces a policy of zero tolerance concerning unethical, unprofessional or fraudulent acts of UNICEF suppliers / contractors. Accordingly, any registered company that is found to have undertaken unethical, unprofessional or fraudulent activities will be suspended or forbidden from continuing business relations with UNICEF.

23. CORRUPT AND FRAUDULENT PRACTICES

23.1 UNICEF requires that all suppliers / contractors associated with this purchase order / contract observe the highest standard of ethics during procurement and execution of the work. In pursuance of this policy UNICEF

(a) Defines for the purpose of this provision the terms set forth as follows:

(i) Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in the execution of a contract, and

(ii) Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the client, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the client of the benefits of free and open competition;

(b) Will reject a proposal for award if it determines that the selected supplier / contractor has engaged in any corrupt or fraudulent practices in competing for the contract in question;

(c) Will declare a supplier / contractor ineligible, either indefinitely or for a stated period of time, to be awarded a UNICEF-financed contract if at any time it determines that it has engaged in any corrupt or fraudulent practices in competing for, or in executing a UNICEF-financed contract.

24. OFFICIALS NOT TO BENEFIT

24.1 The supplier / contractor warrants that no official of UNICEF or the United Nations has received or will be offered by the supplier / contractor any direct or indirect benefit arising from this contract or the award thereof. The supplier / contractor agree that breach of this provision is a breach of an essential term of the contract.

25. GUIDELINES ON GIFTS AND HOSPITALITY

25.1 Suppliers / contractors shall not offer gifts or hospitality to UNICEF staff members. Recreational trips to sporting or cultural events, theme parks or offers of holidays, transportation, or invitations to extravagant lunches or dinners are also prohibited.



26. GENERAL TERMS AND CONDITIONS

26.1 The UNICEF General Terms and Conditions attached shall apply to all Purchase Orders subsequently issued pursuant to this LTA. In the case of any inconsistencies, the following order of precedence shall prevail:

(a) The Purchase Order(b) The LTA.



GENERAL TERMS AND CONDITIONS

[GENERAL TERMS AND CONDITIONS FOR GOODS OR FOR SERVICES MUST BE INSERTED!!! BOTH ARE AVAILABLE ON THE INTRANET]
