Supplying the UN

Finding ones way around as a potential supplier or provider of services in the procurement market of the United Nations system does not have to be that difficult. UNGM provides several practical resources on how to do business with the United Nations. The following is a simple, step-by-step guide to help you to advise your contacts/ vendors/ suppliers on how to enter the UN market for goods and services.

Online resources
Each UN agency has its own mandate and procurement requirements. There are a number of resources available to assist in identifying which agencies are procuring which types of goods and services:

• 'The General Business Guide' will help the supplier learn which UN organizations purchase the goods or services your company supplies. The Guide describes the mandates, procurement needs, procedures and contact details for all UN organizations. Suppliers can also use this publication to familiarize themselves with UN General Terms and Conditions for the Procurement of Goods and Services.
• A publication has been developed: 'Practical Tips for Doing Business with the UN' which is a booklet outlining the procurement practices of the UN and how to go about becoming a supplier.
• Furthermore, UNGM provides statistics on procurement data in 'The Annual Statistical Report'. The report provides data on procurement of goods and services from 40 UN organizations and UNDP's network of country offices.
• 'Development Business' is a publication providing a comprehensive source of information on opportunities to supply goods, works and services for projects financed by the United Nations, governments and the world's leading development banks. Please see www.devbusiness.com for more information.

Register
To become a potential supplier for the United Nations, vendors have to register on UNGM. To proceed, suppliers have first to go to the homepage www.ungm.org and refer to the 'Register as Supplier' from the Top Menu.

The UNGM is a registry of suppliers available to all UN and World Bank procurement personnel, and is the main supplier database of 21 UN organizations. Please note, however, that even though the UNGM is open to all procurement staff, some organizations do have their own supplier database. Therefore, it is important that potential suppliers also register with UN agencies that do not directly support the UNGM – those agencies are not selectable during the UNGM registration process. If an agency is not selectable on UNGM, please contact the agency directly. For links to other UN organizations please refer to http://www.unsystem.org.

Procurement Notices
UNGM publishes, online, procurement notices as well as contract awards (please see Notices from the Top Menu) on behalf of some UN Agencies. Suppliers should refer to the website frequently to see if any notices are relevant to their organization. Nevertheless suppliers may also subscribe to our Tender Alert Service to receive straight on your email address new procurement notices that fit with their core activities as soon as they are published.

The types of solicitation practiced by the UN are as follows, although the dollar values may vary from one organization to another:

• Expression of Interest (EOI)
  Written communication by a supplier to provide information about its products, resources, qualifications and experience, in response to a particular opportunity.
• Request for Quotation (RFQ)
  Less formal solicitation, lower value (up to 100,000 USD), standard specifications, product readily available on the market.
• Invitation to Bid (ITB)
  Formal solicitation, higher value (above 100,000 USD), lowest price, compliancy and technical competency determining factors.
• Request for Proposal (RFP)
  Formal solicitation, higher value (above 100,000 USD), requirements possibly met in various ways, overall best solution will win the contract, not necessarily lowest price .

The following are some practical tips for suppliers for preparing and submitting solicitation documents:

• Always respond when invited to submit an offer, even if you should not be in a position to participate, in order to keep your organization on the active list.
• Study tender documents carefully, ask for clarification if there is any uncertainty
• Ensure that your offer meets ALL requirements, including quality certificates, financial statements, catalogues, submission forms etc., in requested format and language.
• Meet the submission deadline.
• Attend public bid openings when invited.

Global Compact
UNGM invites UN Procurement Officers to encourage their suppliers to subscribe to the principles of the UN Global Compact. For more information, please click here.

General Business Guide - Common Guidelines for Procurement by Organizations in the UN System Introduction

The Purpose of this Common Guidelines is to:

• Communicate basic principles for procurement by the organizations within the UN system
• Guide procurement activities and facilitate harmonization of procurement procedure among UN Organizations

1. Preamble

The objective of procurement activities within the UN system is the timely acquisition of goods, works and services while addressing the following:

• the objectives of the UN Organizations concerned;
• fairness, integrity and transparency, through competition;
• economy and effectiveness;
• best value for money.

Procurement in the UN system is governed by the established regulations and rules of each UN Organization. While such regulations and rules may differ in matters of detail, all organizations are guided by this document.

These Common Guidelines cover procurement stages from sourcing activities that precede a requisition to the execution of a procurement contract. They do not cover either the details of procurement, logistics or contract implementation matters that may be particular to each UN Organization concerned (Procuring Entity).

2. Participation by Suppliers

2.1 Suppliers (i.e providers of goods, works and services)

Participate, as a general rule, in procurement proceedings without regard to country of origin, unless the UN General Assembly or Security Council decides otherwise. The geographical scope of procurement may also be limited in certain cases determined by the Procuring Entity in accordance with the rules of each organization.

2.2 Eligibility of Suppliers

2.2.1: To be eligible, Suppliers must satisfy certain objectively justifiable minimum requirements, which include the legal capacity to enter into a contract, the necessary professional and technical competence, financial strength, plant, equipment and other physical facilities and qualified personnel to satisfy the requirements of the Procuring Entity.

2.2.2: Such minimum eligibility requirements should be distinguished from pre-qualification procedures used to determine the suitability of a Supplier for a specific project or contract. Being eligible for contracts with a Procuring Entity does not mean that a Supplier will be solicited to participate in bidding procedures or will pre-qualify for each relevant procurement activity.

2.2.3: Subject to the right of a Supplier to protect its intellectual property or trade secrets, the Procuring Entity may require the Supplier to provide documentary evidence or other information that it may deem useful to verify that the Supplier meets the requirements referred to above.

2.2.4: A Supplier that has been found at any time to have intentionally submitted false, materially inaccurate or materially incomplete information will not be considered eligible.

2.3 Registration

2.3.1: Rosters of eligible Suppliers are maintained by the Procuring Entity to ensure that a list of potential Suppliers is readily available.

2.3.2: Suppliers, wishing to be registered, should communicate directly with the Procuring Entity to request inclusion in its roster. Instructions on how to register will be provided by the Procuring Entity.

2.3.3: The information submitted by the Supplier will be evaluated by the Procuring Entity to establish the eligibility for inclusion in the roster.

2.3.4: Procuring Entities may invite from a Supplier directly or indirectly, e.g. by advertisement or other means, expressions of interest for general purposes, or a particular procurement activity.

3. Solicitation Documents

3.1 General

3.1.1: Solicitation Documents are used to request bids, proposals or quotations (offers) from Suppliers for the goods, works or services required. While the details and complexity of Solicitation Documents will vary according to the nature and value of the requirements, they will contain all information necessary to prepare a suitable Offer. Solicitation Documents will include, as appropriate: an invitation to offer, instructions to the offerer, form of the offer requested (bid, proposal or quotation), form of the proposed contract, conditions of contract - both general and special, technical specifications, lists of goods or bills of quantities and drawings, description of work, as well as necessary appendices, evaluation criteria and minimum qualification requirements.

3.1.2: In the Solicitation Documents, descriptions of the required goods, works or services will normally be generic. References to brand names, trademarks, catalogue numbers or similar classifications should be avoided. If it is necessary to quote a brand name or catalogue number of a particular manufacturer to clarify an otherwise incomplete description, the words "or equivalent" will be added after such references.

3.1.3: Solicitation Documents will specify internationally accepted standards, such as those issued by ISO, wherever these are available and appropriate. When particular national or other standards are required, the Solicitation Document will indicate that other standards may be acceptable, provided they ensure an equivalent or higher level of performance than the specified international standard.

3.1.4: Where it becomes necessary to clarify the Solicitation Documents for any reason, all Suppliers who have received the Solicitation Documents will be notified simultaneously in writing of the clarification. At any time before the deadline for submission of Offers, the Procuring Entity may, for any reason, whether on its own initiative or because of a request for clarification by a Supplier, modify the Solicitation Documents by issuing an addendum. The addendum will be communicated promptly to all Suppliers, to which the Procuring Entity has provided the Solicitation Documents and will be binding on those Suppliers.

3.2 Types of Solicitation Documents

3.2.1: Invitation to Bid (ITB): A Solicitation Document issued by a Procuring Entity in which the requirements for formal competitive bidding are specified. The ITB describes the Procuring Entity's requirements quantitatively and qualitatively in a manner which permits prospective bidders to submit bids on the same basis so that the award can be made to the lowest priced, technically acceptable bidder or best value bidder as evaluated in accordance with the ITB.

3.2.2: Request for Proposals (RFP): A Solicitation Document issued by a Procuring Entity in order to obtain proposals to satisfy a requirement which cannot be described in a complete or definitive manner. An RFP leads to the selection of the proposal that offers the best value in accordance with the evaluation criteria. Where appropriate, the RFP will indicate that negotiation may be undertaken in respect of one or more proposals.

3.2.3: Request for Quotation (RFQ): An informal Solicitation Document, normally used for low value procurement requirements, in which Procuring Entities request prices and commercial terms from Suppliers, for goods, works or services that meet standard specifications and are readily available on the market.

4. Solicitation of Offers

4.1 Competition

4.1.1: Procuring Entities, as a general rule, use competition to procure goods, works or services. Such competition may be undertaken on an informal or formal basis and be either open or limited. As many Suppliers as is practicable will be given the opportunity to offer the required goods, works or services.

4.2 Open International Competition

4.2.1: Open International Competition (OIC) is initiated by an advertisement, which invites interested Suppliers to request the Solicitation Documents from the Procuring Entity. Use of OIC is appropriate for goods, works or services of a relatively high value.

4.2.2: The Procuring Entity, at its discretion, may arrange the publication of a Procurement Notice on the United Nations Global Marketplace or a publication of wide international circulation. The advertisement will contain information such as the scope of procurement, name and address of the Procuring Entity, and the scheduled date for availability of Solicitation Documents.

4.2.3: For complex or specialized goods, works or services, pre-qualification may be undertaken by advertising. Any Supplier requesting to participate will be provided with pre-qualification documents, which will contain instructions on preparing and submitting applications, the procurement requirements contemplated, and any specific qualifications that may be deemed necessary for pre-qualification. Only suppliers that have been pre-qualified following evaluation are entitled to participate in further procurement proceedings for the specific requirement.

4.3 Limited International Competition

4.3.1: Limited International Competition (LIC) is limited to a short-list of qualified Suppliers selected in a non-discriminatory manner by the Procuring Entity from rosters, pre-qualifications, expressions of interest and other sources. LIC is appropriate where OIC is unsuitable for economical and efficient procurement because of the value, urgent demand or limited availability of the required goods, works or services.

4.4 Local Competition

4.4.1: For specified reasons the Procuring Entity may restrict the use of the solicitation methods as described in 4.2 and 4.3 to Suppliers located in the country or region where the goods, works or services procured will be used.

4.5 Direct Contracting

4.5.1: As an alternative to competition, and in the interest of the Procuring Entity, Direct Contracting through negotiation may be an appropriate method when, for example: the contract relates to the procurement of proprietary goods, works or services; standardization of equipment or spare parts require compatibility with existing equipment; rate contracts or standing offers were established by the Procuring Entity or following joint negotiations by several Organizations of the UN system; the urgency of the requirement is such that the delay involved in applying other methods of procurement would be unacceptable; offers for identical items have been obtained through competition within a reasonable period and the prices and conditions offered remain competitive; the monetary value of the proposed contract is considered insufficient to make competitive procurement economical.

5. Submission, Receipt, Opening and Evaluation of Offers

5.1 General

5.1.1: All Offers will be received, accepted, opened, recorded and evaluated in accordance with impartial procedures established by the Procuring Entity.

5.2 Submission and Receipt of Offers

5.2.1: Suppliers must comply with the procedure for submission of Offers as well as the technical requirements expressed in the Solicitation Documents in order to protect the confidentiality, and allow for fair and non-discriminatory treatment, of their Offers.

5.2.2: An Offer may be modified or withdrawn before the deadline for its receipt. Such modification or withdrawal shall be made in the form indicated in the Solicitation Documents for the Offer.

5.3 Opening of Bids and Proposals

5.3.1: Procuring Entity will fix a date and place for the opening of bids and proposals. Where the opening is public, the date, time and place will be indicated in the Solicitation Documents. The purpose of the opening is to verify that all formalities indicated in the Solicitation Documents are met, including the timeliness of the receipt of each bid or proposal and, where required, their sealed condition.

5.3.2: When the opening is public, Suppliers who have submitted bids are entitled to attend the opening, where each bid is opened and the names and addresses of each bidder, as well as the total value of each bid is announced.

5.4 Evaluation of Offers

5.4.1: Once bids, proposals or quotations have been received and opened, they will be evaluated to determine which Offer best responds to the requirements established by the Solicitation Documents.

5.4.2: The Offers will be evaluated in accordance with the evaluation criteria specified in the Solicitation Documents. To the extent appropriate, the evaluation criteria will be given relative weight. Bids, proposals and quotations submitted in different currencies will be converted into a single currency, usually US dollars, using the United Nations operational rate of exchange in effect at the date specified in the Solicitation Document.

5.4.3: Except when negotiations have been authorized by the Procuring Entity, Suppliers will not be allowed to alter any Offer after the deadline for receipt provided for in the Solicitation Documents. The Procuring Entity may, however, request clarification of any offer during the evaluation.

5.5 Rejection of Offers

5.5.1: The Procuring Entity may reject any or all Offers at any time before the conclusion of a procurement contract.

6. Procurement Contracts

6.1 Formalization of Procurement Contracts

6.1.1: Once the Procuring Entity has decided on the award of contract, that decision is formalized by the establishment of a legally enforceable relationship with the successful offeror. Normally, this is accomplished by a written procurement contract between the parties.

6.1.2: After a procurement contract has been awarded or the procurement proceedings have ended, unsuccessful offerors normally will be sent a formal letter of regret by the Procuring Entity.

6.1.3: The Procuring Entity will not disclose: information that may prejudice legitimate commercial interests of the parties or inhibit fair competition; information relating to the examination, evaluation and comparison of Offers.

6.2 Terms and Conditions

6.2.1: All procurement contracts are subject to the General Conditions of the Procuring Entity. The Solicitation Documents will include a copy of, or incorporate by reference, the General Conditions of the Procuring Entity and Special Conditions, if any.

6.2.2: The General Conditions will include, inter alia, a clause on the settlement of disputes by arbitration and relevant provisions concerning the privileges and immunities of the United Nations that apply to the Procuring Entity.

6.3 Performance Securities

6.3.1: The Procuring Entity may require Suppliers to provide a security to guarantee performance in accordance with the procurement contract. This performance security may be requested in the form of a bank guarantee, a standby letter of credit, or other means, in an amount related to the value of the goods, services or works involved and the payment conditions.

7. Ethical behaviour and relationships with Suppliers

7.1 Procurement Officials

All procurement officials will maintain an unimpeachable standard of integrity in all their business relationships both inside and outside the Organizations in which they are employed. They will never use their authority or office for personal gain and will seek to uphold and enhance the standing of their Organization.

8. Statistical Reporting

8.1 Procurement Statistics

Each Organization of the UN system will keep appropriate statistics on its procurement activities, including details of geographical distribution of contracts. These statistics will be made available regularly to the Member States through the General Assembly of the United Nations.

General Business Guide - General conditions for the Procurement of Goods

A. Acceptance of the Purchase Order

This Purchase Order may only be accepted by the Supplier's signing and returning an acknowledgement copy of it or by timely delivery of the goods in accordance with the terms of this Purchase Order, as herein specified. Acceptance of this Purchase Order shall effect a contract between the Parties under which the rights and obligations of the Parties shall be governed solely by the terms and conditions of this Purchase Order, including these General Conditions. No additional or inconsistent provisions proposed by the Supplier shall bind the UN Organization unless agreed to in writing by a duly authorized official of the UN Organization.

B. Payment

• The UN Organization shall, on fulfillment of the Delivery Terms, unless otherwise provided in this Purchase Order, make payment within 30 days of receipt of the Supplier's invoice for the goods and copies of the shipping documents specified in this Purchase Order.
• Payment against the invoice referred to above will reflect any discount shown under the payment terms of this Purchase Order, provided payment is made within the period required by such payment terms.
• Unless authorized by the UN Organization, the Supplier shall submit one invoice in respect of this Purchase Order, and such invoice must indicate the Purchase Order's identification number.
• The prices shown in this Purchase Order may not be increased except by express written agreement of the UN Organization.

C. Tax Exemption

• 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 utilities 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 UN Organization's exemption from such taxes, duties or charges, the Supplier shall immediately consult with the UN Organization to determine a mutually acceptable procedure.
• Accordingly, the Supplier authorizes the UN Organization to deduct from the Supplier's invoice any amount representing such taxes, duties or charges, unless the Supplier has consulted with the UN Organization before the payment thereof and the UN Organization has, in each instance, specifically authorized the Supplier to pay such taxes, duties or charges under protest. In that event, the Supplier shall provide the UN Organization with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.

D. Export Licences

Notwithstanding any INCOTERM used in this Purchase Order, the Supplier shall obtain any export licenses required for the goods.

E. Risk of Loss

Notwithstanding any INCOTERM used in this Purchase Order, risk of loss, damage to, or destruction of the goods shall be borne by the Supplier until physical delivery of the goods to the consignee has been completed in accordance with the terms of this Purchase Order.

F. Fitness of Goods/Packaging

The Supplier warrants that the goods, including packaging, conform to the specifications for the goods ordered under this Purchase Order and are fit for the purposes for which such goods are ordinarily used and for purposes expressly made known to the Supplier by the UN Organization, and are free from defects in workmanship and materials. The Supplier also warrants that the goods are contained or packaged adequately to protect the goods.

G. Inspection

• The UN Organization shall have a reasonable time after delivery of the goods to inspect them and to reject and refuse acceptance of goods not conforming to this Purchase Order; payment for goods pursuant to this Purchase Order shall not be deemed an acceptance of the goods.
• Inspection prior to shipment does not relieve the Supplier from any of its contractual obligations.

H. Intellectual Property Infringement

The Supplier warrants that the use or supply by the UN Organization of the goods sold under this Purchase Order does not infringe any patent, design, trade-name or trade-mark. In addition, the Supplier shall, pursuant to this warranty, indemnify, defend and hold the UN organization harmless from any actions or claims brought against the UN Organization or the United Nations pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Purchase Order.

I. Rights of the UN Organization

In case of failure by the Supplier to fulfill its obligations under the terms and conditions of this Purchase Order including, but not limited to, failure to obtain necessary export licenses, or to make delivery of all or part of the goods by the agreed delivery date or dates, the UN Organization may, after giving the Supplier reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:

• Procure all or part of the goods from other sources, in which event the UN Organization may hold the Supplier responsible for any excess cost occasioned thereby.
• Refuse to accept delivery of all or part of the goods.
• Terminate this Purchase Order without any liability for termination charges or any other liability of any kind of the UN Organization.

J. Late Delivery

Without limiting any other rights or obligations of the parties hereunder, if the Supplier will be unable to deliver the goods by the delivery date(s) stipulated in this Purchase Order, the Supplier shall (i) immediately consult with the UN Organization to determine the most expeditious means for delivering the goods and (ii) use an expedited means of delivery, at the Supplier's cost (unless the delay is due to Force Majeure), if reasonably so requested by the UN Organization.

K. Assignment and Insolvency

• The Supplier shall not, except after obtaining the written consent of the UN Organization, assign, transfer, pledge or make other disposition of this Purchase Order, or any part thereof, or any of the Supplier's rights or obligations under this Purchase Order.
• Should the Supplier become insolvent or should control of the Supplier change by virtue of insolvency the UN Organization may, without prejudice to any other rights or remedies, immediately terminate this Purchase Order by giving the Supplier written notice of termination.

L. Use of the United Nations Organization Names or Emblems

The Supplier shall not use the name, emblem or official seal of any UN Organizations, for any purpose.

M. Prohibition on Advertising

The Supplier shall not advertise or otherwise make public that it is furnishing goods or services to UN Organizations without specific permission of the UN Organization in each instance.

N. Settlements of Disputes

Amicable Settlement:
The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to, this Purchase Order 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 prevailing, or according to such other procedure as may be agreed between the Parties.

Arbitration:
Unless any such dispute, controversy or claim between the Parties arising out of or relating to this Purchase Order, or the breach, termination or invalidity thereof is settled amicably under the preceding paragraph of this Section 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 prevailing. 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.

O. Privileges and Immunities

Nothing in or related to these General Conditions or this Purchase Order shall be deemed a waiver of any of the privileges and immunities of the United Nations, including its subsidiary organs.

P. Child Labor

The Supplier represents and warrants that neither it nor any of its affiliates is engaged in any practice inconsistent with the rights set forth in the Convention of 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.

Any breach of this representation and warranty shall entitle the UN Organization to terminate this Purchase Order immediately upon notice to the Supplier, without any liability for termination charges or any other liability of any kind of the UN Organization.

Q. Mines

The Supplier guarantees that neither the Supplier's company, nor any of its affiliates, nor any subsidiaries controlled by its company, is engaged in the sale or manufacture of anti-personnel mines or of components utilized in the manufacture of anti-personnel mines. The Supplier recognizes that a breach of this provision will entitle the UN Organization to terminate its supply contract with the Supplier.

General Business Guide - General conditions for the Procurement of Services

A. Legal Status

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

B. Source of instruction

The Contractor shall neither seek nor accept instructions from any authority external to the United Nations in connection with the performance of its services under this Contract. The Contractor shall refrain from any action which may adversely affect the United Nations and shall fulfil its commitments with the fullest regard to the interests of the United Nations.

C. Contractor's responsibility for Employee

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.

D. 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 the United Nations.

E. Sub-Contracting

In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of the United Nations for all sub-contractors. The approval of the United Nations 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.

F. Officials not to benefit

The Contractor warrants that no official of 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.

G. Indemnification

The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, the United Nations, 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.

H. Insurance and Liabilities to third Party

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.
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.
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, aeroplanes 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.
4: Except for the workmen's compensation insurance, the insurance policies under this Article shall:

• Name the United Nations as additional insured;
• Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the United Nations;
• Provide that the United Nations shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage.

5: The Contractor shall, upon request, provide the United Nations with satisfactory evidence of the insurance required under this Article.

I. Encumbrances/Liens

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the United Nations against any monies due 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.

J. Title to Equipment

Title to any equipment and supplies that may be furnished by the United Nations shall rest with the United Nations and any such equipment shall be returned to the United Nations at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to the United Nations, 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 the United Nations for equipment determined to be damaged or degraded beyond normal wear and tear.

K. Copyright, Patents and other Proprietary rights

The United Nations 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 United Nations' request, the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them to the United Nations in compliance with the requirements of the applicable law.

L. Use of Name, Emblem or official Seal of the United Nation

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with the United Nations, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of the United Nations, or any abbreviation of the name of the United Nations in connection with its business or otherwise.

M. Confidential nature of Documents and Information

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 the United Nations, shall be treated as confidential and shall be delivered only to United Nations authorized officials on completion of work under this Contract.
2: The Contractor may not communicate at any time to any other person, Government or authority external to the United Nations, any information known to it by reason of its association with the United Nations which has not been made public except with the authorization of the United Nations; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract.

N. Force Majeure/Other changes in conditions

1: In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to the United Nations, of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify the United Nations or any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the United Nations 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.
2: If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, the United Nations 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.
3: Force Majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force.

0. Termination

1: Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16 "Arbitration" below shall not be deemed a termination of this Contract.
2: The United Nations may terminate forthwith this Contract at any time should be mandate or the fundings of the Mission/Agency be curtailed or terminated, in which case the Contractor shall be reimbursed by the United Nations for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.
3: In the event of any termination by the United Nations under this Article, no payment shall be due from the United Nations to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract.
4: Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, the United Nations may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Contractor shall immediately inform the United Nations of the occurrence of any of the above events.

P. Settlement of Disputes

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 prevailing, or according to such other procedure as may be agreed between the parties.
2: Arbitration:
Any dispute, controversy or claim between the Parties arising out or relating to this Contract or the breach, termination or invalidity thereof, unless 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, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then prevailing. 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.

Q. 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.

R. Tax Exemption

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

S. 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.

T. Authority to modify

Pursuant to the Financial Regulations and Rules of the United Nations the authority to agree on behalf of the United Nations to any modification of or change in this Contract, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor shall be decided by Procurement Offices. Accordingly, no modification or change in this Contract shall be valid and enforceable against the United Nations unless an amendment to this Contract is provided by the proper authority.