ITORLD HEALTH ORGAN]ZAT]ON ORGAN]SATION MONDIALE DE ]-A SANTEI INVITATION TO BID FOR AER]AL SPRAYING CONTRACT Y{ORLD HEALTH ORGANIZATION ONCHOCERC]ASIS CONTROL PROGRAMME 1996 - 1998 OF l 1 ]NTRODUCTION SPECIFICAT]ONS FOR OPERATIONAL A]RCRAFT REQUIREMENTS T'OR CONTRACT AIRCRAF'T 3.1 General 3.2 Helicopters 3.3 Spares 4 FUGHT HOURS GUARANTEED FOR CONTRACT AIRCRAFT Measurement By the Organization By the Contractor General 5 AIRCRAF'T POSIT]ON]NG 5.1 Position Deadline 5.? Pamiliarization Flights 5.3 Compensation 5.4 General 6. IdRVICIDE APPUCATIoN EQUIPMENT 6.1 General 6.2 Larvicides Currently in Use 6.3 New Larvicides 6.4 Application Equrpment 7. AIRCRAFT AVION]CS Radios Radio Specifications Radio Communication Lraison with Air Traffic Control Special VPR Compliance with laws B. AIRCRAT'T EMERGENCY EQU]PMENT 8.1 Crash Position Indicator 8.2 Survival Kits Page 0 0 0 6 B2 od 10 10 I 4.1 4.2 4.3 4.4 7.1 7.? 73 7.4 75 76 11 11 11 12 10 10 10 11 1? 13 14 14 11 12 16 1B 16 17 17 17 17 1B 1B 1B Y I a Page 9 AIRCRAT'T MA]NTENANCE 1B 1B 1B 1B 19 21 19 20 1O A]RCRAF'T GROUND SUPPORT 9.1 Basic lVorkshops 9.? Maintenance Schedule 9.3 Inadequate Aircraft 1 l.l Flying Component 1 1 .1 Equipment Engineer 1 1 .3 Re - Certification 10 1 10.2 0perational Bases Puel, Lubricants and Larvicides I 1 RESEARCH AND EVALUAT]ON 12 PERSONNEL ?1 21 z1 28 ?B ?1 21 23 23 23 9a 24 25 25 25 26 26 27 28 1?.1 119 1?.3 1?4 1?5 12.6 1?7 1?B 129 12 10 12.11 1? 12 13 PRIVITTGES AND IMMUN]TIES General Pilots Employee Contracts Crew Rotation Contractor's Home Base Project and Base Managers Pilot Qualifications Engineers Qualifications Valid Documents Health Duty Cycles Missions and Flight Reports Customs Duties Contract Termination 13 1 13.2 14 MATER]AIS, EQUIPMENT AND UT]LIT]ES 28 28 28 29 29 29 90 I 14.1 Contractor's Responsibility 14.2 Advance List 14.3 Restrictions on Use 14.4 Local Facilities 14.5 Damage 14.6 Kara iTell and Pump I 15 PROTECTION OP PERSONS AND PROPERTY Page 30 16 INSURANCE Safety Compliance with Laws Hazardous Materials Responsibility for Loss Contractor's Indemnity Reouired Insurance General 15 1 152 15 3 15.4 15 5 30 30 30 30 30 31 16 1 162 31 31 17 SUBMITTAIS AND REPORTS 3? or)OL 32 32 a9 32 oodd oadd oodL) oodd 34 34 35 35 36 37 o",1d, 18 BONDS 17.1 172 17.3 17.4 175 18 1 18 2 18 3 19 1 19.2 19 3 19 4 19 5 Language Schedule and Plan Revised Schedules Project Manager's Monthly Report Pield Visit and Contract Review Meetings Form Bid Bond Performance Bond and Payment Bond I9 FINANC]ALARRANGEMENTS 20 SUBCONTRACT]NG Payments Positioning and Depositioning Charges Mobilization Payment Lrquidated Damages Other Damages Permitted Subcontracting Contractor's Responsibility Change in 0rders Change 0rder Provtso lYriting Required ?1 VAR]AT]ONS 20.1 20.? 37 37 37 37 3B 3B a I ?1 1 ,1 I 21.3 Page ??. OBUGATIONS OF CONTRACTOR 3B 23 UABIL]TY WITH RESPECT TO CLAIMS 22.1 222 ?23 224 231 23.2 ooo(,J.d ?4 FORCE MAJEURE General Existing Conditions Aerial 0perations i[orking Areas Contractor's Indemnity Third Party Claims Third Party Coverage General Contract Termination Contractor's Right 0rganization's Right Notice of Termination Termination Claim Language Submission 0pening and Constderation Benefit of Parties Captions 3B 40 40 41 ?5 TERMINATION OF THE CONTRACT 41 41 42 42 4? 42 42 43 ?51 25,2 25.3 25,4 26, BIDS ?61 26.2 26.3 27. MISCEL]JNEOUS 24.1 24? ?7.1 27.2 43 43 43 44 45 45 45 47 4B 4B 4B 61 INTRODUCTION 1.1 The Horld Health 0rganizaiion, hereinafter referred to as "the 0rganization", is inviting bids for the provision of aircraft suitably equipped for application of Iarvicides, together with the necessary ground support, for the continuation of the aerial spraying activities of the 0nchocerciasis Control Programme, hereinafter referred to as "the Programme". The aerial operaiions, hereinafter referred to as "the 0perations", will be conducted on behalf of the 0rganizatron 0n a contractual basis by the successful bidder, hereinafter referred to as "the Contractor". 1.? The 0rganization as Executing Agency, acting in cooperation with other International Agenciesrand the governments of Benin, Burkina Faso, Cote d'lvoire, Ghana, Guinea, Guinea- Bissau, Mali, Niger, Senegal, Sierra Leone and Togo, hereinafter referred to as the "Participating Countries" - is undertaking this large-scale Programme to control the disease, onchocerctasis, in the area delineated on the map in Annex 1. The 0perations will be carried out with varying degrees of intensity in all of the 11 Participating Countries, with control activities being essentially concentrated in the western and southern areas of the Programme area. 1.3 The parasite Onchocerca volvulus which causes onchocerciasis is carried by the blackfly Simulium damnosumz which transmits the disease when biting 0. volvulus lives on average approximately 12 years in the human host and thus, in the absence of suitable chemotherapy, it could be necessary [o continue the contro] campaign for several years beyond that period to ensure that, when blackfly control operations cease, human reservoirs of the disease will no longer exist. S. damnosum breeds in watercourses and the fly lays its eggs 0n vegetation and rocks at water level in rapids, and other fast-flowing or turbulent stretches of water, natural or man-made. Such sites are normally identifiable from the air. When the eggs hatch, the emerging larvae remain rn these breeding sites attached to any suitable substrate The duration of the larval stage averages just over seven days, I The United Nations Development Programme (UNDP), the Food and Agriculture 0rganization of the United Nations (FA0) and the World Bank. 2 Simulium damnosum means Simulium damnosum complex. t (1.4 Control of the Simulium vector by attacking it in its larval stage is to date the most effective way of inierrupting onchocerciasis transmission. Because of the size of the area, the large distances involved and the general inaccessibility of the Simultum breeding sites by [errestrial means, aircraft with specialized equipment have to be used to make applications of the biodegradable larvicide of choice to specified parts of the rivers in such a manner that it is carried naturally downstream to make contact with the larvae in the breeding siies Seven different larvicides are currently in use on a rotational basis to control larvicide resistance The effective dose lethal to S. damnosum larvae differs from one larvicide to another and the quantities to be applied io the rivers are variable, being calculated on the basis of water discharge rates. 1.5 For the products used to date it has not been possible to employ any of the usual agricultural spraying methods. It has been found that treatment with undiluted larvicides is effective if applied as coarse sprays in transverse bands across the river. During the wet season (May to 0ctober), when the rivers are full, the flow of water is sufficient to mtx and distribute the larvicide to carry it an effective distance downstream, permitting fewer application points, one application often being sufficient on larger rivers for stretches up to 50 kms. The quantities of the principal larvicides applied throughout this period have, to date, varied considerably. During a single treatment mission a helicopter may be required to ireat at from 0.2 to 100 litres or more per larvicide release. 1.6 In the dry season (November to April), when the river flow and levels are low, natural mixing and distribution of ihe larvicide is inadequate. Different application equipment and methods have then to be used to achieve a satisfactory coverage by the larvrcide, A band of larvicide, stretching from bank to bank, has been found to be effective and ensures that all parts of the breeding site immediately downstream receive treaiment. At some particularly difficult breeding sites, two or three successive bands of larvicide have been required. In the dry season, therefore, treatment involves the rapid and repeated application of larvicide, carefully and precisely placed, in order to ensure effectrve distribution of the larvrcide The distance between treatment points becomes greatly reduced and, particularly at low water, up to 20 applications can be required over a stretch of one kilometre, with breeding sites having to be treated individually. This may require dosages to be varied while hovering over a parircular set of rapids, The quantity applied at this time of year for each release point is often as low as 0.2 litre. t -B- 1.7 The success of the Simulium control programme is completely dependent on regular weekly treatment of the known breeding sites throughoui the area. 0n certain rivers or stretches of rivers where control has been shown t,o be effective over a period, larvicide application may be interrupted and reiniroduced only when indicated as necessary by the entomologrcal surveillance teams. 1.8 Following a phased build-up of operations from 1975 onwards, the central part of the Programme area (Annex 1)has been under control since the beginning of 1979, The total length of river systems throughout the Programme area where surveillance and treatment will be required to be undertaken during the course of ihe Contract is approxrmately 30 000 kms. 1.9 In the course of operations, helicopters frequently land in remote areas where there has been little 0r no ground preparation. In the dry season, even 0n the prepared ground, there are often extreme dust conditions. 1.10 To date, the 0perations have been carried out on a weekly basis according to flight schedules prepared by the 0rganization, and based on entomological and hydrological data relayed by radio to Programme Headquarters each weekend. It has proved convenient to arrange the treatmeni circurts covering several days each week. This procedure has worked satisfactorily and has led to the success achieved by the Programme to date, with vector density and transmission of the parasite being interrupted or reduced to an insignificant level over B0% of the area under larviciding. It is absoluiely essential that this success be maintained and, if possible, improved upon. ?. SPECIT'ICATIONS POR OPERATIONAL AIRCRAF'T ?.1 The Hughes 500D and 500E model helicopters have proved to be adequate in the past for both treatment and prospection flying on the Programme. 0ther types of helicopter would be considered but must have a performance and characteristics equal or better than ihe following: - Minimum 300 I larvicide capacity in spray mode - Minimum endurance I hour 45 minutes, with 15 minutes reserve.- Cruise (air) speed as indicated: 110 knots under troprcal conditions (0AT 30"C; altitude 1000- 2000 feet), with spray system, full fuel and 200 litres larvicide (120 litres if an observer is on board) - Minimum 25 hours between maintenance checks. - Damper type landing gear. a I- Minimum 420 H.P. engine - Turbine engine - Passengers: minimum of 3 in the prospection configuration and I in the spraying configuration - An acceptable fuel consumption for quoted speed: capacity ratio 110 kt/200 l, i.e. 1?5 tlh - Short body and rotor blades (rotor blades 26 - 30 ft diameter). - Proved reliability and robust construction - A sealed partition between the cockpit and the rear compartment, if an internal larvicide tank is employed. 2.2 The helicopters shall be suitable for operation under extremes of temperature, humidity and dust. Helicopters will be used on occasion for the transportation of staff and equipment and for surveys and reconnaissance and their ability to carry at least three passengers in the prospection configuration, and one observer while in the spraying configuration, rs essential, Seat belts with shoulder-harnesses shall be fitted. Corrosion proofing and a partrcle separator on the engine air inlet are desirable. Furthermore all helicopters shall be fitted with dual airframe fuel filters. 2.3 Ambient temperatures in the Prcgramme area can be up to 40'C with cockpit temperatures sometimes rising to 50'C. In the dry season, the treatment strategy requires helicopters on missions to spend a considerable time at low speeds and hovering. As the main air ventilation system on most helicopters operates only on forward movement, additronal means of maintaining satisfactory ventilation and circulation of air must be provided. Perspex doors with siandard bull's eyes 0r sliding windows shall be fitted. Excessive perspex areas shall be shaded and seats suitable for tropical conditions shall be provided. 2.4 All helicopters shall be fitted with high-lift skids. Suitable convex mirrors, approved by the 0rganization. shall be fitted to each treatment helicopter, in line of sight to enable the pilot and observer to observe the emission of larvrcide and its deposit on the target, without diverting the pilot's attention from navigation. 2.5 Bearpaw-type pads for attachment to the skids, a utility cargo pod (for baggage) acceptable to the 0rganization and an integrated auxilary fuel bladder (91 liLres capacity) shall be available at each operational base for installation on prospection helicopters. , - l0 - 3 REQUIREMENTS FOR CONTRACT A]RCRAFT 3.1 In each year, 1996, 1997 and 1998, the Contractor shall provide fully serviceable helicopters with crew and full support in accordance with the following schedule. 3.2 Aircraft a) Four (4) helicopters shall be provided under the Contract from I January to 30 April inclusive, increased to b) A total of six (6) helicopters from 1 May to 31 Decernber inclusive; collectively referred to as "Core Helicopters". c) At any time during any year, additional helicopters shall be provided under the Contract, up to a maximum of five (5), as requested by the Organtzation on at least two months' notice prior to ihe required date of positioning, collectively referred to as "Supplementary Helicopters". 3.3 Spare Aircraft In order to safeguard 0perations, the Contractor shall have 0n permanent serviceable availability within the Programme area, in addition to those Aircraft provided under Sectron 3.2 above, at least one (1) spare helicopter 4 PUGHT HOURS GUARANTEED POR CONTRACT A]RCRAFT 4.1 Measurement For the purpose of this Contract, helicopter flying time is defined as the period of time between "lift-off" and "touch-down". lt shall be measured by tachometers recording in hours and tenths of hours mounted on the instrument pedestal and activated automatically by both the main rotor transmission and the collective lever. 4.2 By the 0rganization During the life of the Contract, the Contractor shall be guaranteed payment for fifty-five (55) flight hours per month, 0r a pro-rated amount thereof for incomplete months, for each Core Helicopter and each Supplementary Helicopter required to be available for active service under the Contract as provided in Section 3.2 (the cost per flight hour for any Supplementary Helicopter shall be the same as that charged for each Core Helicopter); 4.3 By the Contractor Core Helicopters, as well as Supplementary Helicopters called into active service pursuant f - 11- to paragraph 3.2 c), are collectively referred to as "Contract Aircraft". The Contractor shall guarantee the availability of each Contract Aircraft for a minimum of 100 flight hours per monlh of operation and 0n a pro-rata basis for incomplete months of being required to be available for active service under the Contract 4.4 General a) It is absolutely essential that larvicide applications be made at weekly intervals without interruption throughout the year according to schedules prepared by the 0rganization Accordingly, all Contract Aircraft shall be available without fail to perform that function, allowance being made for routrne servicing and maintenance as agreed by the Contractor in consultation with the Programme Director or his authorized representattve (hereinafter referred to as "the Director"). b) The 0rganrzation shall only pay the Contractor for flights which have prior wntten authorization from the Director. At the end of each day's flying, the pilot shall complete a daily flight report accordrng to a format approved by the Director. This report shall be submitted to the Director for acceptance and signature afier each mission and will form the basis for the calculation of flight hours for payment as per Section 20. Any flight undertaken ouiside the missions authorized by the Director will be considered as non-revenue and therefore not compensated by the 0rganization. 5 AIRCRAFT POSIT]ONING 5.1 Position deadline All Contract Aircraft as well as personnel, shall be in position in the Programme area not later than 1 December 1995. 5.2 Familiarization flights All Aircraft shall be ready for the 0perations not later than 1 December 1995 in order that all equipment fitted can be tested, The Contractor's pilots shall then undertake familiarization flights and simulated treatments to enable the Contractor confrdently to assume responsibility for all Operations without interruption on 1 January 1996 5.3 Comoensation The 0rganization shall pay 50 % of the Contract rate for hours flown during the (paragraph 5.2) familiarization and training flights authorized in advance by the Drrector. 1q - tL- 5.4 General 0ther conditions described in this document shall be enforced during the installation period insofar as they are applicable. 6 I.ARV]CIDING APPUCATION EQUIPMENT 6.1 General a) For all Contract Aircraft the Contractor shall provide reliable larvicide applicatron equipment designed to enable rapid and repeated application of accurately measured quantities of larvicrde to be made to rivers in the manner described in the Introduction. The Contractor shall ensure that all such equipment is satisfactorily tested and certified before Contract Aircraft enter operational service under this Contract. b) The Contractor shall ensure that all larvicide application equipment conforms to the specifications set forth in this Section 6 and is finally approved by the 0rganization as meeting those specifications not later than 1 April 1996. Immediately after the award of the Contract and, again, during the development of the equipment, the 0rganization shall send a technically competent representative to the Contractor's base to assure as much as reasonably possible that the equrpment meets the Programme's needs and, if the prototype equipment is acceptable, to provide provisional approval of the equipment. Provisional approval shall constitute final approval of the structural characteristics of the equipment except to the extent changes may be necessary to make the performance characteristics of the equipment in the Programme area meet the specifications set forth below. Such performance characteristics and, together with structural characteristics in the event provisional approval has not been given, shall be assessed by the 0rganization in the Programme area in accordance with protocols provided by the 0rganization and the equipment shall be approved if it consistently meets specifications. In order to compensate the Organization for its damages incurred for the Contracior's failure to provide equipment meeting Contract specifications in a timely manner, the Contractor shall pay to the 0rganization for each day after 1 April 1996 until final approval has been given of said larvicide application equipment, US$ 500 for each of any such helicopter equipment. Such final approval shall be without prejudice to or diminishment of the Contractor's continuing obligation to ensure that the equrpment at all times meets specifications. c) The complete apphcation system shall contain sufficient automatic devices to allow the -13- pilot to operate them efficiently and make the required application safely whilst hovering or flying at low levels in restricied areas. d) Each Aircraft shall have current certificates of airworthiness, which include its spraying configurations. The Contractor shall maintatn these certificates in force at all times e) The larvicide application equipment fitted shall conform to the regulations prescribed by, and receive approval from, the aeronautical authorities in the country in which the relevant Contract Aircraft is registered. Such approval shall include the safety of attachment, operation and use of equipment with toxic substances. f) It is essential thai all application systems in Contract Aircraft be provided with a mechanism by which the larvicide can be jettisoned rapidly in an emergency and at a rate conforming with the conditions specified in the country of registration of the relevant Contract Aircraft. g) All helicopters shall be capable of conversion from passenger to treatment configuration or vice-versa in half a day or less. h) Calibration checks of all types of application equipment shall be carried out every week in the presence of an observer from the 0rganization if requested by the Director. 6.2 larvicides currently in use a) Currently seven larvicides are in use; and are generally applied undiluted: Abate. an organophosphate in the form of an oil-based 20 per cent emulsifiable concentrate. Phoxim: an organophosphate in the form of an oil-based 50 percent emulsifiable concentrate. Pyraclofos: an organophosphate in the form of an oil-based 50 percent emulsifiable concentrate. Carbosulfan: a carbamate in the form of an oil-based 25 percent emulsrfiable concentrate. Permethrin: a synthetic pyrethroid in the form of an oil-based 20 percent emulsifiable concentrate. Vectron: a synthetic pseudo-pyrethroid in the form of an oil-based 30 percent emulsifiable concentrate. Baeillus thuringiensis H-14: a non-chemical water-based product containing spores and crystals of a bacterium. b) Application equipment shall be constructed of corrosion-proof and hydrocarbon- resistant materials throughout and proved not to react to any chemical solvents used Experience wiih Bacillus thuringiensis has shown that aluminium cannot be used in components -14- in contact with this product. The Contractor shall provide proof of compatibility to the Director before any equipment can be approved. The Contractor shall bear the cost of construction, fitting and certification of the larvicide application equipment as described in this section and any required modification to this equipment before it is finally approved by the 0rganization, and subsequently, when necessary, to make the equipment continue to meet the performance specifications set forth in this Section 6. In this latter respect, the Contractor's equipment engineer shall regularly participate in full treatment missions as an observer, at least once every three months and as required by the Director, in order to be knowledgeable on the current functioning and performance of larvicide application equipment under field conditions. The Director reserves the right to have the application equipment tested at any time in accordance with the aforementioned established protocols, or by an independent authority of his choice at the Organization's expense. 6.3 New larvicides Larvicides and formulations oiher than those mentioned in paragraph 6.2 a) may be added to the Programme by the 0rganization during the course of the Contract. The Contractor shall be given reasonably sufficient time to test the compatibility of his equipment with such new larvicide formulation. Any modification necessary as a result of the use of such new larvicide formulation shall be made with the prior agreement of the Director and shall be at the expense of the 0rganization. 6.4 Application equipment The application equipment shall contain the following components and specifications to cope with the range of products and formulations used. a) A larvicide tank of 300 litres capacity, which shall: (,) be capable of being totally filled and emptied, wrthout physical contact with insecticide (by use of a valve rather than a plug); (ii) have a sloped boitom to guarantee complete drainage of viscous products; (lii) enable the level of larvicide to be clearly visible wrth a scale graduated at 25 litre intervals so that the quantity may be readily measured during ground loading operations. -15- b) A recirculation sysLem in the tank with a capacity of at least 1.5 litres/second to enable the mixing of poor and/or viscous formulations and/or addrtrves after loading, which can be activated by the pilot whilst in flight; c) A pump driven by an electric motor to apply larvicide volumes as specified; d) A filtration system which can be cleaned without drarning the larvicide tanks; e) A flowmeter or combination of flowmeters covering the whole range of applications wiLhin the required accuracy specrfied rn paragraph 6.4 n) below; f) A boom, with a length of approximately 1.6 meters, and nozzle arrangement with five spray nozzles, spaced 35-40 cm apart, one small dribble nozzle and one big dribble nozzle, each nozzle to be controlled by a solenoid shut-off valve and to be selected separately or in any desired combination by the pilot whilst in flight. The boom shall also have one outlet with a gate valve and canon plug to enable pumping of remaining larvicide back into drums and to facilitate cleaning of the sysiem. The Spraying System Whirljet Hollow Cone BX50 for the five spray nozzles, the Spraying Systems Solid Stream Veejet HU type for the small and big dribble nozzles, and Valcor SV-series for the solenoid shut-off valves have proved adequate in the past though other equivalent types would be acceptable. g) Control box/monitor with the following features: (i) small dimensions, in order to be fitted beside the instrument panel in the field of view of the pilot so that attention does not have to be diverted from flying during application; (ii) rapid selection and change of application rates; (iii) measure flow rates between 0.2 and 3 litres/second; (lu) four digit keys to enter or count rates and amounts of up to 999.9 litres selectable at 0.1 litre steps (each digit key capable of being reset independently to rapidly select or change drop srzes); (r) 2 LED iotalizers, each counting simultaneously amounts of larvicide up io 999 9 litres and each capable of being reset manually and independently by push-button within a few seconds and without significantly diverting the pilot's attention from flying the aircraft. h) A switch-board attached to the control box or other convenient position, to select any - 16 - nozzle or combination of nozzles; i) A larvicide release button/swiich mounted on the cyclic which activates the spray pump; j) A recording system with an integrated time recorder connecied to the control box/monitor, to record all operations; k) A pressure control system with a gauge visible to the pilot whilst in flight to confirm thai the system is functioning correctly, l) A non-manual larvicide refill system, equipped with a filter unit, to replenish from drums at ground level, which is efficient enough to completely drain the drum of its contents; m) The pressurized parts of the release system located exterior to the cabin (for reasons of safety and accessibility); n) The larvicide application system shall conform to the following specifications for the entire range of products and formulations used: (i) accuracy of measurement of volume applied plus or minus 5% or better. (ii) application of larvicide volumes between 0.2 and 300 litres in steps of 0 1 litre with a pressure of at least 35 PSI (Z.t Uar) at the nozzle, at the following rates: - between 0.?5 litres/second (using one nozzle) and 3 litres/second (using 5 nozzles), - between 0.2 and 0.5 litres/second (using the one small dribble nozzle), - approximately 1 litre/second (using the one big dribble nozzle) 7. AIRCRAFT AV]ON]CS 7.1 Radios The contractor shall be responsible for the supply, installation, operation and maintenance of VHP and HF radio equipment to meet International Civil Aviation 0rganization (lCA0) standards. All radio communications and navigation equipment shall be of excellent quality and suitable for utilizing frequencies of the Agence pour la Securite de la Navigation aerienne en Afrique et ir Madagascar (ASECNA) countries of lTest Africa and the Directorate of Civil Aviation, Ghana AII Aircraft shall have at least 10-channel HF (SSB) and VHF radio shown to be suitable for use in all countries of the Programme area The Contractor shall also equip his Aircraft with the HP frequency in use by the 0rganization (5000 - 11000 KHz). -17- 7 2 Radio soecificaiions The radio communications system shall conform to the following specifications: General: Frequency stability + 10Hz for the temperature range of -30 degrees Centigrade to +60 degrees Centigrade with preferably programmable synthesized frequency selection Receiver: Sensitivity 0.5 uv for 10 dB Signal t noise in the SSB mode. n0lse Transmitter: Power output of 100w PEP in the SSB mode. 7.3 Radio communication The Contractor shall install a radio HF communications sysiem (minimum 100 watts) at each base to be manned at all times when Aircraft are operating. The Contractor shall obtarn the necessary authorization for use of his own HF radio frequency for communications with his Aircraft. He shall introduce a reporting system such [hat the ]ocation of the Aircraft is known at all times. Radro sets equipped with this same HF frequency will be installed by the 0rganization in the 0rganization's aerial operations offices at each base and also at Programme Headquarters. This frequency will be used also for the transmission of river dosages to pilots where the teletransmission system is in operation and as such the Contractor shall ensure that his radios are in good working order at all times when any Aircraft is operating. A radio failure will necessitate an uncompensated return to base. 7.4 Liaison with air traffrc control Liaison by radio wiih the various air-traffic control centres in the Programme area, and through the Programme radio network, being a highly important aspect of the aerial operations, the Contractor shall provide high quality equipment and his pilots shall adhere to the radio procedure requested in those countries of 0peration. The Contractor shall ensure that radio communication is possible on both HF and VHF with the relevant air-traffic control centres. He shall ensure also that head-sets are provided for inter-communication within the Aircraft and with the 0rganization's bases and that these are marntained in good working order at all times. These head-sets should be of the David Clark model or better and be equipped with an individual volume control. 7.5 Soecial VFR All larvicide releases shall be made under visual conditrons Treatment flights shall be made in compliance with Visual Flight Rules but occasionally in the Harmattan season, when -18- visibility becomes extremely restricted, specialVFR may be required to leave the major airports. AII Aircraft shall be equipped with sufficient instrumentation and Automatic Direction Finder to undertake this flying. 7.6 Comoliance with laws AII flying shall be in compliance with the rules of the country in which the flying is taking place, including the prescribed daylight hours for day operation and all other relevant rules. B A]RCRAFT EMERGENCY EQII]PMENT B.l Crash nosition indicator AII Aircraft shall be fully equipped for operation in remote areas and shall have an approved Crash Position Indicator which shall be maintained in an operable condition at all times in accordance with the manufacturer's recommendations and appropriate regulations. The Contractor will from time to time be required to furnish proof of such maintenance 8.2 Survrval kits Survival kits shall be provided for all Aircraft appropriate to the number of passengers and pilot and in accordance with the aeronautical regulations of ASECNA and national authorities and any additional requirements of the 0rganizatron. 9. AIRCRAFT MA]NTENANCE 9.1 Basic workshops The Contractor shall fully maintain all his Aircraft, including flight instruments, in an airworthy condition and suitable for the 0peratrons. For these purposes, the Contractor shall establish and maintain basic workshops at the matn bases referred to in paragraph 10.1 a) and shall be requtred to have at such workshops, sufficient stocks of Aircraft spare parts and tools for the proper maintenance of his Aircraft and equipment. 9.2 Maintenance schedule The Contractor shall submit to the Director in advance a schedule of maintenance of each Aircraft being used and shall ensure that major overhauls of his Aircraft do not interfere with the Programme's activities. 9 3 Inadeouate aircraft If, as reasonably assessed by the Director, the performance of any of the Arrcraft is not - 19 - at a level which meets the specifications contained in Section 2, the Contractor shall replace the said Aircraft at his own expense and without in any way interfering with the schedule of ihe 0perations, or otherwise. 10 AIRCRAFT GROUND SUPPORT 10.1 Operational bases a) The marn operational bases for Aircraft will be 0dienne, Cote d'lvoire, and Kara, Togo, where hangar, workshop and storage accommodation shall be provided by the 0rganization. The Contractor shall be responsible for the provision of aecommodation and transport of his own personnel at these main bases as well as cost of utilities as requtred in paragraph 14 4. Whilst Aircraft are operating, these two bases shall be permanently manned with engineers present or on immediate call and a radio watch maintained there. b) 0ccasionally, missions requested by the Programme may require an Aircraft to remain away from its base for perrods exceeding the interval required for maintenance checks, but not Iong enough to require the establishment of a temporary base. In such cases, the Contractor must make provision for performing a maintenance check in the field. c) The 0rganization reserves the right to request an Aircraft and pilot to be based temporarily elsewhere than the aforementioned two operational bases, should it prove desirable. In the case of any mission requiring the pilot to be away from either of the operational bases for more than 21 days, the 0rganization shall treat the pilot as being "based temporarily elsewhere" and shall reimburse the Contractor for the expenses incurred beyond such 2l day period, such reimbursement not to exceed the standard applicable per diem of the 0rganization. d) At the discretion of the Director, and rn the interest of the efficiency of the 0perations, it may be necessary to change the location of one or both of the operational bases during the course of the Contract. Any costs incurred by the Contractor in transferring his equipment and staff to a nelr base will be at the expense of the 0rganization. e) For the purposes of refuelling and re-filling with larvrcide, Contract Aircraft will be required to land at various caches referred to in paragraph 10.2 a) and elsewhere in all eleven Participating Countries, Furthermore, routine overnight stops will be necessary for Aircraft at places other than the operational bases. In such cases the provision and cost of accommodation and transport of his personnel will be the responsibrlity of ihe Contractor. -20- (f) Determining the suitability of any selected landing site for aircraft operations shall be the responsibility of the Contractor and the pilot 10.2 Fuel. Iubricants and ]arvicides a) The 0rganization shall be responsible for the provision of fuel for approved use by the Contract Aircraft through tank facilities available at airports and in drums at caches throughoui the Programme area. b) The 0rganization recycles 200 litre drums and has them refilled either from a fuel tanker or directly from airport pumps. The 0rganization shall provide reasonable notice and the Contractor shall be present to witness and approve all such refilling operations. In the event that, for whatever reason, the Contractor is not present at any refilling, without prejudice to any other rights the 0rganization may have, it shall be conclusively deemed that the Contractor has accepted the fuel and drums for use for the purpose intended. c) As refuelling is normally done from drums, all Contract Aircraft shall be provided with non-manual fuel pumps fitted with high quality particle and water filters, such as PUROLAT0R and G0-N0-G0 filter systems, or equivalents. d) The 0rganization shall also provide fuel for maintenance flights of Contract Aircraft undertaken at the operational bases The Contractor shall reimburse the 0rganization for fuel used on all maintenance and other non-revenue flights calculated on ihe basis of the consumption specified in the Contract. e) The Contractor shall be responsible for the provision of all lubricants used. f) Notwithstanding the foregoing, the Contractor shall assist the 0rganization, as requested and as specified belou, in the administration of the various fuel and larvicide caches located throughout the Programme area since his aircraft are the sole users of such caches. Upon every landing at each such cache, the Contractor's pilots shall take accurate recordings of fuel and larvicide used and of remaining stocks and provide them to the Director. Furthermore, the Contractor shall select one of his senior pilots to liaise regularly with the 0rganization concerning the cache situation. g) At the beginning and end of each circuit the pilot shall record the amount of fuel and larvicide remaining in the tanks _91 _ 1 1 RESEARCH AND EVALUAT]ON 11 1 Flying component An important part of the Programme activities is concerned with research into new larvicide formulations for Simulium control and investigations into possible alternative methods of larvicide application In addition, an extensive evaluation is performed to monitor the effects of larvicide applications on Simulium populations and on other, non-target organisms The Contractor shall perform the flying component of the research and evaluation programme, including the testing of new larvicrde formulations and new 0r modified application equipment, and the transport of personnel and equipment. 11.2 Equipment engineer The Contractor shall be responsible for the design, construction, provision and installation of new equipment required in the course of this Contract, the cost of which will be borne by the 0rganization following approval and negotiation. In this respect the Contractor shall ensure that a qualified engineer, highly experienced in the development of larvicide spraying equipment, is permanently assigned to the Programme area and have all facilities requtred for manufacturing or modifying such equrpment. 0wnership of such equipment, and any patent and other intellectual property rights arising out of the work provided for in this paragraph 1 1.2 shall be exclusively vested in the 0rganization I 1.3 Re-certification The Contractor shall bear the cost of re-certification of Contract Aircraft as a result of any changes made to the existing application equipment or of the fitting of alternative equipment required for this research or tntroduced during the 0perations and provided by the 0rganization. 12 PERSONNEL 12.1 General a) The execution of the Contract shall not create any employer-employee relationship between the 0rganization and the Contractor's employees The Contractor shall be solely responsible for all matters related to the conditions of recruitment and employment of his employees, and shall indemnify the 0rganization against any claims to the contrary. b) Only personnel accepiable to the 0rganization shall be employed on the Contract. In this ,, regard, all the Contractor's staff to be assigned to the 0perations shall first have their curriculum vitae, including details of qualifications, relevant licences and certificates, approved by the 0rganization. The Contractor shall, in no circumsiances, assign or reassign any personnel withoui the prior authorization of the Director. c) Employment by the Contractor of personnel assigned to the Programme shall include a probationary period of six months. After this period the Contractor and Organization shall make a joint assessment to determine whether the assignment should be terminated, approved or ihe probation prolonged. The Contractor and the 0rganization shall also jointly review, at the end of each year, all the Contractor's staff engaged on the Programme. ln addition, at the end of each individual contract the Contractor and the 0rganization shall jointly assess the staff member and make recommendations for the improvement of his performance d) The Director shall have the right to request the replacement of any of the Contractor's personnel whose performance would adversely affect the 0rganization's 0perations. Except as provided in Section ??.1 e), the Contractor shall remove and/or replace any of his personnel within fifteen days from the date of the Director's written request, without delaying or varying the schedule of 0perations. e) The Contractor shall be responsible for the travel expenses related to the location and repatriation of his staff and their families and shall ensure that expatriate personnel brought into the Programme area under the terms of paragraph 13.1 shall not be engaged in any business within the Participaiing Countrtes other than that detailed in the Contract. f) The Contractor shall make his own arrangements for the local engagement of all labour, skilled or unskilled, as may be required for the completion of the Contract. All persons engaged by the Contractor shall be competent and qualified to perform their respective duties. The Contractor shall maintain an adequate labour force at all times and all local labour arrangements and conditions shall be in accordance with the laws, regulations and customs of the relevant Participating Countries. g) Costs incurred in the replacement or transfer of the Contractor's personnel for any reason shall be borne by the Contractor. h) The Contractor shall at all times enforce strict discipline and good order among his employees and take all reasonable precautions for the prevention of any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and -23- protection of persons and property at and in the Programme area 12.? Pilois a) The Contractor shall liaise with the Organization on the training of all new pilots on the operational procedures necessary to the Programme. The Contracior undertakes to ensure ihat each pilot will be accompanied by either an experienced pilot or designated Programme officer 0n any particular treatment circuit at least three times before permitting such pilot to fly that circuit alone. b) Vector control in the Programme is seasonal with aerial operations increasing significantly soon after the start of the rains (May - June) when all rivers start to flow again after the lengihy dry season. The Contractor shall make all necessary preparations for the onset of the rainy season, including the provision of sufficient number of pilois, ready and in place from 1 June each year, who are already experienced in Programme operations to handle all the Aircraft required under the Contract. 12.3 Employeecontracts The Contractor shall make contractual arrangements with his pilots and other key personnel (e.g. the release equipment engineer) in order to assure the 0rganization of continuity of service during the annual criiical peak operational perrod (June to November) which is of paramount importance to the success of the Programme. Details of the relevant contracts shall be included with the bid submission. 1?.4 Crew rotation In order not to prejudice the efficient and effective functioning of the 0perations, it is essential that the Contractor shall have available at all times a sufficient number of experienced pilots. with a good knowledge of the area and the Operations, to replace those on leave. Suitable rotation and overlapping of flight crews shall be agreed with the Director 12.5 Contractor's home base The Contractor shall have an efficient management structure a[ his home base in order to guarantee the required support to the field operations. An executive level manager, resident at the Contractor's headquarters, shall be appointed as full-time project coordinator. A management consortrum is not acceptable to the 0rganization. The project coordinator shall have the capability to maintain daily liaison with the field management by radio andf or telex, His curriculum vltae will be submitted to the 0rganization for approval He shall make a vrsit, ?4 at least once a year, to both operational bases. 1?.6 Project and base managers a) The Contractor shall appoint a full-time project manager who will be resident at the operational base at 0dienne, Cote d'lvoire. The project manager shall be the main operational link between the Contractor and the Organization in the day-to-day execution of the aerial Contract. b) The project manager, to be approved by the 0rganization, shall have proven experience in managing large-scale aviation projects and have sound leadership qualities and a recognized ability to assume responsibility for a complex and extensive undertaking in developing countries. He should be mature, have a good presentation and an authoritative disposition that will command respect from his staff and associates. Diplomacy and tact will be required at all times in dealing with different government personnel and people of various nationalities. Fluency in both English and French would be desirable. c) The Contractor shall delegate to the project manager the authority necessary for him to take decisions and to act on operational matters without reference to the Contractor's Headquarters. He shall be responsible for pilot training and staff discipline in the field, and for engendering a team spirit amongst his staff and with the Programme personnel to ensure the continued success of the 0perations. d) The Contractor shall ensure that the project manager maintains regular liaison with the Director, forms a close working relationship with him, and obtains his approval prior to making any decisions which may affect the 0perations He and the Director shall meet as and when necessary to discuss matters relating to the Contractor's performance of the Contract Minutes of these meetings shall be submitted by the project manager in writing to the Direcior and to the headquarters of the Contractor. He shall also make visits at least once per quarter to the operational base in Kara, Togo, for purposes of liaison with Programme staff. e) The Contractor shall also appoint a full-time base manager to the operational base at Kara, Togo, who will report directly to the project manager. Given the distance between the two bases of gdienne and Kara (g+O t<ms), the base manager will have similar responsibilitles at the secondary base as the project manager ai the main base, and will act as project manager when the latter is absent from the area. His curriculum vitae should list qualifications similar to those of the project manager. -25- f) Since it is intended that both the project and base managers will perform their functions on a full-time basis, only in exceptional cases may they be required to perform other duties, such as piloting aircraft in operations under the Contract. Except as provided in 12.1 1 c), they may not be counted as pilots for purposes of determining the number of available pilots to man Aircraft required under the Contract. (g) The project and base managers shall liaise daily with the designated Director's representative at each respective operational base. (h) The project and base managers shall have the assistance of a chief pilot at each base, who shall be an experienced treatment pilot approved by the 0rganrzation. The Coniractor shall authorize these chief pilots to organize crews to perform the missions planned by the 0rganization from their respective bases and be responsible for the practical trarning of new pilots in larviciding circuits and techniques referred io in paragraph 12.? a). 1?.7 Pilotqualifications Each pilot shall have, at a minimum, ihe following qualifications. a) Commercial Pilot's Licence (helicopters) b) Two thousand hours as helicopter pilot in command with 50 hours on the type of helicopter offered. c) Training and experience in agricultural or similar flying operations, including in remote d) Fluency in English or French with a working knowledge of the other language. Knowledge of the French language is not only necessary for day-to-day liaison with 0rganization staff and Iocal officials, but also contributes significantly to self-reliance while out of base. The Contractor shall arrange for basic French language courses as required, at the earliest possible stage after the arrival of any non-French-speaking pilot at the duty station. 12.8 Engineers qualifications Each engineer shall have, at a mtnimum, the following qualifications: Aircraft Engineer's Licence (both engines and airframes), type-rated for aircraft offered Three years' experience since qualification. A working knowledge of English or French, and desirably both Valid documents The Contractor shall be responsible for the validity of the licences and ratings of all ASrea a) b) c) 129 a) -26- pilots and engineers employed. b) At all times during the term of the Contract, the Contractor shall ensure that all the necessary documents relating to operation of his aircraft and crews, including but not limited to crew licences, passports and visas, are valid in each of the Participating Countries 12. 10 Health (u) Each member of the Contractor's staff shall have a medical examination prior to leaving his home country and shall be in possession of valid certificates of vaccination necessary in the Participating Countries. b) The Contractor shall be responsible for any costs, including health and medical, related to his personnel. 1?.11 Duty cycles (u) The Contractor shall have sufficient pilots in the Programme area to secure the 0perations and ensure the following duty periods: In any 24-hour period the pilot will normally be restricted to eight hours of flight time, followed by a twelve hour period when the pilot will be relieved of all duties. In any 7-day period the pilot will not normally exceed 34 hours of flight time, followed by a 48-hour period when the pilot will be relieved of all duties. ln any period of 30 consecutive days the pilotwill not normally exceed 120 hours of flight time. In an annual cycle the pilot will not normally exceed 1200 hours flight time with a minimum of six weeks leave. b) ln order to optimize the effectiveness of the Programme, it is desirable to maintain continuity of staff and, therefore, the Contractor shall use his best efforts to retain the same pilots to operate the Aircraft provrded under the Contract. Prior notice to the Director must be given before a pilot may be transferred from one operational base to another. The Contractor shall also have a sufficient reserve of pilots familiar with the Programme Operations resident at each base and permanently available to ensure the continual operation of the total number of Aircraft. c) ln the event that the number of available pilots is less than the number of Aircraft required under the Contract, the number of aircraft considered fo be available shall be correspondingly reduced for the purposes of the application of paragraphs 19.4 a) and b). e -27 - However, if the Contractor otherwise has a sufficient number of pilots stationed in the Programme area but, because of accidents or illnesses, an insufficient number at any one time are available for work, the Contractor shall be entitled to utilize the project and/or base managers as pilots, provided the project manager and ihe base manager are qualified as pilots in accordance with the terms of the Contract, for up to nine (9) days in order to avord a reduction of guaranteed hours or the payment of liquidated damages, provided however, that on the expiration of such nine day period, paragraph 19.4 b) shall take effect wrthout reference to the 48 hour period referred to therein. d) The Contractor shall ensure that he has sufficient engineers in the Programme area to staff the operational bases. 1212 Missions and F]ight Reports a) The 0rganization shall conduct weekly briefings in each operational base and all available pilots and Contractor's management staff shall attend. Engineers and other support staff should be encouraged to attend these briefings. b) The Contractor will ensure that missions are carried out in accordance with the flight authorization, approved by the Director. Any changes made without the prior approval of the Director will not be compensated by the 0rganization c) Flying missions may require several days away from either of the aerial bases. During ihese missions, stop-overs will ofien be necessary overnight in remote places with the bare minimum of available facilities. d) In order to maximize the effectiveness of the 0perations, the Contractor shall retain pilots on the same circuit for a minimum of three weeks of treatment. e) The pilot shall be responsible for overseeing the proper loading and refuelling of his aircraft before commencing any mission and at intermediate refuelling points. f) Each pilot shall have ultimate responsibility for the safe operation of his aircraft with regard to flight conditions, airworthrness of the aircraft and loading. g) A daily flight report shall be prepared by each pilot for all flights undertaken whether maintenance, non-revenue or revenue, copies of which shall be provided to the Director. h) 0n the completion of a mission each pilot shall attend a de-briefing with Programme staff, during which flight reports, treatment data, etc, will be discussed i) Smoking inside the aircraft is not permitted when there is an observer 0n board -28- 13. PR]VILEGES AND IMMUNITIES 13.1 Customs duties The Contractor and his personnel shall be entitled to such privileges and immunities as are granted in Appendix 1 of the Memorandum of Agreement on the 0nchocerciasis Control Programme, in force as of l January 1992, according to which the Government of ihe Participating Countries have agreed to waive or defray any customs duties on the equipment and matenals imported for the purposes of the Programme. This waiver also applies to personal effects for only the first stx months after the entry of personnel used for the 0perattons and such personnel's family, to the Programme area. Such personal effects shall be shipped separately from aircraft spare parts and shall be solely for the use of such personnel and their immediate families. 13.2 Contracttermination Articles imported by the Contractor on a duty-free basis which have not been destroyed, consumed, used or incorporated in the 0perations may be re-exported freely by the Contractor who imported them or, otherwise, by the Contractor who acquired them with the express authorization of the 0rganization, provided that said re-exportation shall be effected within six months following the termination of the Contraci. If not re-exported within six months, the Contractor or the buyer of said articles, shall pay the required duties. 14 I,IATER]AIS EQUIPMENT AND UTILITIES 14.1 Contractor's responsibility Unless otherwise provided for in this Invitation to Bid, the Contractor shall furnish all equipment and materials, excluding larvicides and fuel, required for performance of the 0perations. All such equipment and materials shall comply with the requirements of the Contract. 14.? Advance list In order to be entitled to the exemption referred to in paragraph 13.1, the Contractor shall present to the Director in advance, a detailed list of all articles he intends to import under -29- this exemption. He shall indicate the place of origin of these articles, method of transport and price. If this list is approved by the Director, he shall take the necessary steps to obtain the exemption from the appropriate authorities. If the Contractor's request rs not approved, tn part or in whole, the Drrecior shall communicate this information in writing to the Contractor, in order that the list may be amended as appropriate. 14.3 Restrictions on use Articles imported by the Contractor on a duty-free basis as per paragraph 13.1 may not be used, even provisionally, for any purpose other than that required by the Programme. Consequently, the Contractor shall not sell, loan or otherwise assign the ownership, possession 0r use of these articles within the Participating Countries for any reason, including termination or rescission of the Contract, unless he has first complied with all entry permits, taxes, and duties which, but for this Contract, would have been required. 14.4 Local facilities }Tith the exception of those facilities specified in paragraph 10.1 a), the Contractor shall make provision for the supply and payment of all local facilities including water, power, lighting, telegraph, telex and telephone services required for the proper performance of all work under the Contract. 14.5 Damape The Organization shall not be responsible for loss (including through theft) of or damage to aircraft, equipment and materials for which the Contractor shall acquire insurance as he considers necessary. 14.6 Kara well and pump At the operational base at Kara, Togo, where no domestic services are available, the 0rganization has installed a well and pump for water and a 25 KVA generator for electricity The Contractor shall operate these facilities and perform all maintenance and repair work on them at his own expense. In the event of a breakdown, it shall be the Contractor's responsibility to provide an interim alternative source of water and/or electricity at his olrn expense and to effect repairs/replacement of the 0rganization installed facilities. Upon termination of the Contract, said facilities shall be returned to the 0rganization in the same condition as at the commencement of thrs Contract, reasonable wear and tear excepted. 30 15 PROTECTION OF PERSONS AND PROPERTY 15.1 Safety The Contractor shall be responsible for initiating, matntarning and supervising all safety precautions and safety programmes in connection with the 0perations. He shall establish and maintain all reasonable safeguards to prevent damage, death, injury or loss, for whatever cause, to all of his employees and all other persons having contact with the 0perations, as well as all property, equipment and materials under the care, custody or control of the Contractor, including larvicide and fuel provided by the 0rganization. The Contractor shall designate a responsible employee in the Programme area whose duty is prevention of acctdents. 15.2 Comphance with laws The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any relevant public authority having jurisdiction in the Programme area. 15.3 Hazardousmaterials The Contractor shall exercise the utmost care in the use or storage of flammable or other hazardous materials or equipment. 15.4 Responsibiliiy for loss Except for damage or loss solely and directly caused by the acts or omissions of the 0rganization, all damage to or loss of any property, including fuel and larvicide, whatever the cause of such damage or loss may be, relating to or arising from the Contractor's performance hereunder, shall be remedied or reimbursed, as the case may be, by the Contractor. The Contractor shall reimburse the 0rganization for the cost of all larvicide and fuel lost as a result of accidenis to the Aircraft, as well as accidents to, or in the use of, or defects in, ihe spray equipment. The Contractor shall also reimburse the cost of larvicide dispersed in excess of the 5 % accuracy margin specified in paragraphs 6.4 n), except in the case of larvicide so dispersed before 1 April 1996 in the case of any spray equipment having been provisionally approved by the 0rganization as provided in paragraph 6.1 b). 15 5 Contractor's indemnity Contractor agrees to indemnify the 0rganizatron and to hold it harmless from all losses, costs and expenses, consequently, directly or indirectly incurred (including legal fees) and arising from, as a result of or in connection wiih any act or omission occurring 0n 0r about the bases, or from any act or omission rn his conduct of the 0perations or other act or -31 - omission in his performance of this Contract. 16 ]NSURANCE 16.1 Required insurance At all times during the term of the Contract, the Contractor shall acquire and mainiain in full force and effect, at his own expense, the insurances listed below, evidenced by Certificates of Insurance submitied to the Organization prior to the arrival of the Aircraft in ihe Programme area. a) Comprehensive Third Party Liability lnsurance 0n an occurrence basis, with single-limit coverage for personal and bodily injury and property damage of ai least US$ 2 000 000 (two million United States Dollars) per occurrence, in which the 0rganization is a named assured and the personnel of the 0rganization, whether or not as passengers, are treated as third parties. b) Personal Accidents Insurance for the Operations staff (pilots, engineers) of the Contractor according to the customary scale. c) Insurance to cover all Aircraft passengers, including personnel of the Organizatton, as required by the Warsaw Convention and as modified by the Hague Convention. d) lnsurance against loss of, or damage to, equipment and property (including larvicide and fuel) belonging to the 0rganization and/or its personnel whilst carried on the Aircraft for a minimum of US$ 30 000 (thirty thousand United States Dollars) per occurrence. e) Chemical Third Party Liability Insurance for a minimum of US$ 300 000 (three hundred thousand United States Dollars). (f) All risks property coverage insurance for all property in Contractor's custody or control pursuant to this Contract, to protect Contractor and the 0rganization against loss due to ftre, other perils, vandalism, malicious mischief and theft, on a replacement cost basis. 16.? General All insurance required herein shall be obtained from a reputable company or companies satisfactory to the 0rganization and the policies shall be subject to the approval of the 0rganization. The amounts of insurance coverage provided herein may be increased by the 0rganization from time to time, in iis reasonable discretion, upon notice to the Contractor. The Contractor shall cause any such required increase to be placed in effect not later than 30 days following Contractor's receipt of notice of such tncrease. Reasonable increases in premiums, 32 caused by such required increase in insurance, shall be at the expense of the 0rganization 17. SUBM]TTALS AND REPORTS 17,1 Ianguage All submittals and correspondence shall be in either the English or French language. 17.2 Schedule and plan Within thirty days from the signing of the Contract, the Contractor shall submit io the Director for his approval a delivery schedule and plan showing the order of procedure and method by which he proposes to position the Aircraft and equipment in the Programme area and to perform the Operations and shall, whenever required, furnish additional pariiculars in writing of his arrangements for the performance of the 0perations. The submission to and approval by the Director of such plan, schedule or particulars shall not relieve the Contractor of any of his duties 0r responsibilities under the Contract. 17.3 Revised schedules Any revised progress and delivery schedules requested by the Director shall be submitted for approval within fourteen days. Such revised schedules will be substituted for previous schedules after approval. 17.4 Project manager's monthly report Five copies of the Project Manager's monthly report, in accordance with an approved format, shall be submitted to the Director not later than the eighth day of the following month. This monthly report shall have individual sections written by each base manager and by the release equipment engineer. The Contractor shall provide at the Director's request any other reports which the Director may require. 17.5 The Contractor's senior management shall make field visits to the Programme area at Ieast twice yearly at the Contractor's expense. Contract Review meetings between the Contractor and the 0rganization shall also be held at least twice yearly at mutually agreed venues, the minutes of which will be approved by the parties concerned. aqdd 18 BONDS lB.1 Form All bonds, the cost of which will be borne by the Contractor, shall be in the form of a certified bank cheque or a policy or bond from an approved insurance company, all negotiable in freely convertible currency in Switzerland. 18.2 Bid Bond a) The Bidder shall furnish a Bid Bond in an amount equal to at least ten per cent (10%) of the total Base Price The Base Price shall equal the Contractor's cost per flight hour for each Core Helicopter times the number of hours guaranteed for each in paragraph 4.2. Such Bid Bond will be returned to all qualified Bidders not later than forty-five (45) calendar days after the 0rganization and the successful Bidder have signed the Contract, or all Bids are rejected. b) Failure or refusal by the successful Bidder to enter into a Contract with the Organization within thirty (30) calendar days after that Bidder has been notified of his selection by the 0rganization shall result in the forfeiture and liquidation of the Bid Bond. 18.3 Performance Bond and Payment Bond a) A Performance Bond and a Payment Bond are required by the 0rganization. b) A Performance Bond amounting lo ?5% of the Base Price must be provided by the Contractor to the 0rganrzation prior to srgnature of the Contract guaranteeing the faithful performance of the 0perations in accordance with the technical specifications and general conditions of the Contract. This Performance Bond shall guarantee the fulfilment of each and every one of the Contractor's obligations and shall also guarantee that the Contractor will reparr for his account or for the account of his guarantor, damage which may be caused by any reason including those produced by operations deemed inefficient by the Director. The Performance Bond, by its terms, shall guarantee to cover the costs incurred in ensuring the satisfactory completion of the 0perations pursuant to the Contract, whether or not the Organization has terminated the Contractor's performance hereunder. c) A Payment Bond amounting to 20% of the Base Price shall be provided by the Contractor to the 0rganization guaranteeing payment to all third parties furnishing material, labour, facilities and services to the Contractor together with any other expenses incurred by the Contractor in connection with the 0perations and performance of this Contract Upon -34- acceptance of both the Payment and Performance Bonds, the 0rganization will return the Bid Bond to the Contractor. The Payment Bond shall remain in force for a period of six (6) months after the completion of the 0perations. d) Failure to present the Payment and Performance Bond prior to the trme established by the 0rganization for signing the Contract shall result in forfeiture of the Bid Bond e) The Performance Bond and Payment Bond may, on agreement with the 0rganization, be provided as a single Bond combining the conditions of both Bonds, for a value of 45% of the Base Price. That proportion of the value of the combined Bonds equivalent to the value of the Payment Bond shall remain in force for a period of six months after the completion of 0perations to meet the obligations of the Payment Bond referred to in paragraph 18.3 c) f) If at any time the Payment of Performance Bonds become unacceptable to the Organization as a result of the Bonding Company's failure to furnish reports respecting its financial condition or otherwise, the Contractor shall promptly furnish such additional Bond security as may be required to protect the 0rganization and persons supplying labour, materials, facrlities or services in the conduct of the 0perations. g) Any Bond issued hereunder shall be without prejudice the 0rganization's right, and/or the right of any third parties as the case maybe, to claim damages actually incurred over and above the value of the Bond. 19 PINANCIALARRANGEMENTS 19.1 Payments a) All payments shall be made by the Organization to the Contractor in currencies, upon terms and by methods of payment agreed to at the time of execution of the Contract. In cases where currency exchange rates are involved, the United Nations 0perations Rates of Exchange in effect on the date of payment will be applied. b) The payment period with respect to each Aircraft shall commence on the date on which each such Aircraft is made operational and placed at the disposal of the Organization on site as required in Section 3. c) The number of flight hours shall be calculated 0n a fleet basis for Core and Supplementary Helicopters respectively. Payments shall be made monthly as provided in section 19.1 f), on the basis of hours guaranteed by the 0rganization in respect of the Aircraft provided -35- under the Contract for that monih. d) Helicopter flight time for each mission shall be as recorded by tachometer. (Section 4 1) e) During the first seven (7) days of each calendar month, the Contractor, in consultation with the Director, shall compute from the daily flight reports the number of hours actually flown by each Aircraft and pilot during the previous month. These data shall form the substance of the project manager's Monthly Report and, if accepted by the 0rganization, the basis for monthly payments and for settling supplementary flight hours. The aforesaid Monthly Report shall be subject to verification in accordance with the provision of paragraph 22.1 g). f) Subject to paragraph 19.3 c), the 0rganization shall pay the Contractor by the tenth day of each month for the guaranteed flight hours for the preceding month of the life of the Contract. g) Each quarter the 0rganization shall calculate for the immediately preceding quarter (i) the flight hour shortfall resulting from reductions in guaranteed hours pursuant to paragraphs 19.4 a) and b) and (ii) flight hours actually flown to date in excess of those guaranteed to date. Compensation will be adjusted quarterly, upwards or downwards, for such shortfall and excess hours, as well as any liquidated damages incurred, and reflected in the payment for the month following the relevant quarter. 19.2 Positioning and depositioning charges The Contractor shall be responsible for the charges involved in positioning and depositioning of all Aircraft under this Contract. 19.3 l{obilization payment a) A one time mobilization payment shall be made upon the request of the Contractor as a recoverable advance 0n payments due hereunder, not to exceed 10 % of the Base Price, to be used solely for actual start-up expenditures by the Contractor in connection with any or all of the following: (i) Purchase of equipment for the performance of the 0perations; (il) The cost of transportation to the Programme area of aircraft and equipment, including spare paris, required for the performance of the 0perations when delivered to the Programme area; (ili) Travel of personnel to be employed in the Programme area from point of hire to -36- the place of employment b) The mobilization payment shall be made after approval by the 0rganization of the details of the anticipated costs and submissron by the Contractor of such documentary evidence as the Organization may require. c) The total mobilization payment shall be recovered by the 0rganization by equal monthly deductions from the payments referred to in paragraph 19.1 f) for up to twelve months of 0perations. If the Contract shall terminate prior to the repayment of the mobilization payment, in addition to any other rights and remedies available to the 0rganization, it shall be immediately entitled to the balance of the mobilization payment with, in the event of termination by the 0rganization for cause, interest from the date of payment. 19.4 Liquidated Damages a) Operations shall commence 0n 1 January 1996 as indicated in Section 3, Supplementary Helicopters musi be in position on the dates specified in the course of the Contract. In the event that the actual startrng date for any Contract Aircraft is later than the required starting date, damage to the Programme will be substantial but difficult to calculate Consequently, the Contractor agrees to pay as liquidated damages, the sum of US$ 2 000 (two thousand United States Dollars) for each day of delay for each Contract Aircraft so delayed, except when such delays are due to Force Majeure, and the number of guaranteed flight hours shall be reduced on a pro-rata basis for each day of delay b) Any Contract Aircraft or item of equipment which may be out of operation for any reason shall immediately be repaired or equipped with a replacement crew, as the case may be, or be replaced immediaiely by the spare aircraft or, if the latter is already in use, within a maximum of 48 hours by an acceptable substitute at no additional cost in order that there be no interruption in scheduled activities. The importance of this cannot be overstressed as any appreciable lapse in the treatment schedules could have serious consequences and jeopardize the success of the whole operation. In the event that a Contract Aircraft continues being non- operational (e g. breakdown, equipment not functioning or missing, no suitable qualified crew available), the number of guaranteed flight hours will be reduced 0n a pro-rata basis for each day of delay after the initial 48 hours. After an additional five day non-operatronal period (i.e. 7 days from date of aircrafi going out of service) liquidated damages of US$ 2 000 (two thousand United States Dollars) per non-operational Aircraft per day shall also be due to the 0rganization o"., _ JT _ from the Contractor. 19.5 0ther damages a) In the event treatment rnissions are not carried out as authorized and/or to the satisfaction of the Director due to negligence, malfunciion of equipment, breakdown or otherwise, they will be deemed as non-revenue. The need for repetition of treatment missions may jeopardize the overall success of the 0perations and in the event of recurring unacceptable performance the 0rganization may make such arrangements as it sees fit to ensure the satisfactory execution of the treatment missions, including, in the 0rganization's sole discretion, forfeiture and liquidation of the Performance Bond, without prejudice to any other remedy available to the Organization in the event of default. b) Quantities of larvicide and fuellost as a result of malfunctioning of equipment or of error by the Contractor's staff will be charged to the Contractor. 20 SUBCONTRACTING 20.1 Permittedsubcontraciing With the approval of the 0rganization, the Contractor may retain the services of not more than one subcontractor to assist him in fulfilling his responsibilities under the Contract. All subcontractual agreements between the Contractor and his subcontractor shall be submitted to the 0rganization for prior approval. Copies of all subcontractual agreements with the subcontractor shall be filed with the 0rganization when srgning the Contract, or at the time such subcontractual agreements are concluded between the Contractor and such subcontractor. 20.2 Contractor's responsibility Nothing contained in such subcontractual agreements shall relieve the Contractor of any of his obligations to the 0rganizatron. Any obligation of the Contractor provided for in the Contract shall apply equally to the subcontractor and the Contractor shall save the 0rganizaiion harmless from any consequences of acts or omissions on the part of any such subcontractor. 21, VAR]AT]ONS ?1.1 Chanpe in orders Without in any way vitiating 0r invalidating the Contract, the Director may order any changes in the maiters within the general scope of the Contract which in his opinion are -38- necessary. For that purpose, the 0rganization may order the Contractor to do any of the following: a) Increase or decrease the quantity of any work included in the Contract; b) 0mit any such work; c) Change the character or quality or kind of any such work. ?1,2 Change order proviso The terms and time for completion of the Contract may be adjusted by mutual agreement, provided that. a) Total monies payable under the Contract shall not be reduced below the cost of the total number of hours originally guaranteed by the Organization; and b) The cost per flight hour for the provision of any additional aircraft requtred as a result of such changes shall be the same as that charged for such aircraft in the original Contract. 21.3 Writing required All such changes shall be made in writing by Change 0rder and shall be executed under the applicable conditions of the Contract. ??. OBUGAT]ONS OF CONTRACTOR Z?,.1 General a) The Contract is specifically for the Programme and special conditions, as referred to in Section 13, have been allowed by the Participating Governments in order to carry out the 0perations. Consequently the Contractor is not allowed to utilize materials, equipment or personnel assigned to the 0perations or to undertake or negotiate any revenue flying with the Aircrafts assigned to the 0perations, for any purposes other than the performance of Contractor's obligations hereunder. b) The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority, bearing on the performance of the 0perations. If the Contractor does not comply with these requirements he shall assume full responsibility therefor and shall bear all costs attributable thereto. c) The Contractor shall not assign, sublet, sell, transfer, or otherwise drspose of the Contract 0r any portion thereof, or his right, title or interest therein, or his obligation thereunder, without the prror written consent of the 0rganization. -39- d) No action shall be taken by the Contracior which may interfere with, weaken or diminish the ability of the Organization to act as the Executing Agency for the Programme or that may interfere in any way with the successful execution of the Programme. No direci contact shall be made by the Contractor with governmental authorities of the Participating Countries 0n matters related io the 0perations without the full knowledge and consent of the Director. e) The Contractor shall provide all necessary supervision during the execution of the Contract. Approval of the Contractor's project or base manager may be withdrawn by the Director at any time, and in such case the Contractor shall, as s00n as practicable and in no case later than thirty (30) days of receiving written notification of withdrawal, remove him from the 0perations and shall replace him by another manager acceptable to and approved by the 0rganization. A removed Contractor's representative shall not be employed again on the 0perations in any capacity. f) The Contracior shall provide equipment and materials and shall execute the Operations in strict accordance with the requirements of the Contract to the satisfaction of the Director and shall comply with and adhere strictly to the Director's instructions and directions 0n any matter concerning the Operations; the Contractor shall take instructions and directions from the Director only. g) The Contractor shall maintain adequate books and records in connection wrth the performance of the Contract and shall make them available for inspection to the 0rganization on request, for up to two years after the expiration of the Contract h) All information gathered under, or during the execution of, the Contract and all reports and recommendations hereunder shall be treated by the Contractor as confidential and shall not, without the prior written approval of the 0rganization, be made available to any person, party 0r government other than the 0rganrzation, except as otherwise expressly provided in the Contract. i) The Contractor shall be responsible for the prompt payment of all persons who perform labour or furnish services, materials, equipment, supplies or other items (including, but not limited to, items consumed, such as power, water and fuel) used or to be used in the performance of the work called for by the Contract, and the Contractor shall defend, protect and hold harmless the Organrzation from and against all liens, claims, suits and actions for such labour, services, materials, equipment or other items. The Coniractor agrees that if he fails to -40- pay such creditors, each unpaid person, natural or juridical, shall have justifiable reason for action against the Contractor. j) Unless otherwrse specified in the Contract the Contractor shall obtain and pay for all permits, fees, royalties, and licences necessary for ihe proper execution and completion of the 0perations. k) Failure to enforce any of ihe provisions of this Contract by the 0rganization shall not constitute a waiver of rights or a waiver of any subsequent enforcement of this Contract by the 0rganizatron. 22.2 Existing conditions The Contractor shall promptly notify the Direcior in writing of conditions in the Programme area of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in operations of the character provided for in the Contract and differing materially from those in effect at the time of submission of his Bid. The Director shall investigate the conditions, and if he finds that such conditions do so materially differ, and cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract or part thereof, an equitable adjustment shall be made, and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed, unless he has given due written notice as required above. ??.3 Aerial operations The Contractor alone shall be responsible for the operation, maintenance, safety, efficiency and adequacy of the Aircraft, equipment and methods. and for any damages which result from their failure or their improper construction, maintenance 0r operation. If at any time the Contractor's Aircraft, equipment, methods or staff appear to the Dtrector lo be inefficient or inadequate for securing the quality of work required, or the rate of progress required in order to complete each part of the 0perations in the time stipulated in the Contract, the Director may order the Contractor to increase the efficiency and/or upgrade quality, and the Contractor shall immediately comply with such orders at no additional expense to the 0rganization. Neither the making of such demands nor the failure of ihe Director to make such demands shall relieve the Contractor of his obligation to secure the safe conduct of the 0perations, the quality of the work required, and the rate of progress required in order to complete the 0perations. -41 - 22.4 Workinp areas a) All operations of the Contractor, including siorage of materials, shall be limited to areas auihorized 0r approved by the 0rganizatron. The Coniractor shall be liable for any and all damage caused by him to the 0rganization's premises. The Contractor shall indemnify and hold the 0rganization harmless from liability of any nature or kind arising from any use, trespass or damage occasioned by his operations on premises of a third party b) Temporary buildings (storage sheds, hangars, offices, etc.) may be erected by the Contractor only with the approval of the Director and the Government concerned, and shall be built with labour and materials furnished by the Contractor without expense to the 0rganization. Such temporary buildings shall remarn the property of the Contractor and shall be removed by him at his expense upon the completion of the Contract, unless otherwise specified. c) The Contractor shall at all times during the progress of the Operations keep his working areas, including storage areas used by him, free from accumulation of waste matter, used oils and rubbish. Cleaning of these areas shall be performed regularly and removal of waste matter, used oils, empty drums or rubbish shall be performed at least once a week, and in such a manner as to protect the environment. d) The Dtrector shall have reasonable access to the operating areas, the equipment and to all workshops and places where work is being performed, as well as to aircraft logbooks or other documents related to the Operations, and the Contractor shall afford every facility for, and every assistance in, obtaining such access. 23, IJABIUTY IYITH RESPECT TO C]/]MS 23.1 Contractor'sindemnity The Contractor shall indemnify and hold the 0rganization harmless from and against any and all responsibilities, claims, demands and losses. including the costs, fees and expenses in connection therewith or incident thereto for (a) any death or injury io his employees and third parties, and (b) any loss of, damage to, or destructron of any property of his employees and third parties. arising out of, or in any way connected with, the performance of the work and services of the Coniractor under the Contract, except to the extent directly and solely caused by actions of the 0rganization. -42- 23.2 Third party claims The 0rganization may. where in its opinion the successful performance of the 0perations or the reputation of the 0rganization might be prejudiced, have recourse to the Payment Bond to honour the third party claims brought against the Contractor if these claims are connected with materials or services provided under the Contraet and if, after consultation with the Contractor, the 0rganization is saiisfied that such claims have been or may become the subject of a judgement, injunction or similar court order. 23.3 Third party coverage For the purposes of this section the term "third party" shall be deemed to include, inter aln, officials, employees, experts and other representatives of the United Nations and its Specialized Agencies and of Governments participating in or associated with the performance of the 0perations as well as any person or entity performing services for or supplying goods to the Contractor. For the purposes of tnsurance coverage, such persons shall continue to be considered as third parties notwithstanding that they may travel as passengers in any of ihe Contractor's aircraft. ?4 FORCE MAJEURE 24,1 General To the extent that the Contractor is delayed in or prevented from fulfilling his obligations under the Contract by reason of circumstances beyond his control, including strikes, civil commotion, Act of God, war or hostilities, acts of governments, embargoes or other import or export restrictions 0r any other circumstances beyond his control, then the Contractor shall immediately so notify the Director and he shall be relieved of his obligations under this Contract for so long as such circumstances shall prevail. 24,? Contract termination Notwithstanding the foregoing, if the Contractor is delayed or prevented from fulfilling his obligations for a period of 60 days, as a result of force majeure as described in paragraph ?4.1, the 0rganization shall have the right to terminate the Contract immediately upon the giving of a nottce to that effect to the Contractor. -43- ?5. TERMINAT]ON OF THE CONTRACT 25.1 Contractor's right The Contractor shall be entitled to terminate the Contract only upon 30 days prior written notice of default in the event the 0rganization fails to pay the Contractor any amount due under the terms of the Contract within sixty (60) days after valid submission of request for payment. The 0rganization shall be deemed to have made payment on the date it instructs its bankers to effect a payment transfer. Upon expiration of the notice period, ihe Contractor shall, with all reasonable dispatch, remove all his personnel and equipment from the area. In the event of such termrnation, the 0rganizatron shall be under the same obligations to the Contractor in regard to payment, as if the Contract had been terminated under the provision of paragraph 25.3. Nothing contained in this clause shall prejudice the right of the Contractor to exercise, either in lieu of or in addition to, any other rights or remedies to which the Contractor may be entitled under the Contract. 25.2 Orsanization'srisht a) Subject to the provisions of Section 24, the 0rganization shall have the right to terminate the Contract, at any time hereunder, in the event of non-compliance on the part of the Contractor with his obligations under the Contract, by giving seven (7) days' notice in writing to this effect to the Contractor During this period, the Contractor shall not initiate any new activity under the Contract unless requested by the Director and shall complete actions already commenced as directed by the Organization. b) In the event of termrnation due to Contractor's default, the 0rganizatron shall attempt to mitigate its damages by initiating or completing ihe 0perations as herein specified either by contracting the whole work or the faulty or remaining part thereof. Any losses suffered and any additional expenses incurred by the 0rganization in so doing shall be charged against the Performance Bond or against the Contractor, or both, in the event the losses suffered and expenses incurred exceed the value of the Performance Bond. 25,3 Notice of termination Even in the absence of default by the Contractor, the performance of 0perations under the Contract may be terminated by the 0rganization in whole or in part, at any time. Such termination shall be effected by a written "Notice of Termination", delivered to the Contractor which will specify the date of termination of the Contract. Upon receipt of the "Notice of -44- Termination", and except as otherwise directed by the Organization, the Contractor shall. a) Stop 0perations under the Contract on the date specified in the "Notice of Termination"; b) Complete any such Operations under the Contract which shall not have been terminated by the "Notice of Termination"; c) Place no further orders or subcontracts for materials, servrces or facilities, except for such 0perations as have not been terminated; d) Terminate all orders and subcontracts to the extent that they relate to the 0perations terminated by the "Notice of Termination"; e) Assign to the 0rganization in the manner, at the time, and to the extent directed by the Organization, all the rights, title and interest of the Contractor under the orders and subcontracts so terminated and the 0rganization shall have the right, at its discretion, to settle 0r pay all claims arising from the termrnation of such orders and subcontracts; f) Settle all ouistanding claims or liabilities resulting from the termination of orders and subcontracts, with the approval of the 0rganization and to the extent the 0rganization may require; g) Take such action as may be necessary, 0r as ihe Director may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Contractor and in which the Organization has or may acquire an interest. ?5.4 Termination claim After the receipt of the "Notice of Termination", referred to in paragraph 25.3, the Contractor shall submii to the 0rganization hrs termination claim, in the form and wiih the certification required by the 0rganization ("Termination Claim"). The Termination Claim shall be submitted promptly, but in no event later than six months after the effective date of termination, unless such period is extended by the 0rganization upon written request by the Contractor. A Termination Claim shall be composed of. a) An amount equal to the monies originally guaranteed by the 0rganization pro-rated up to the date of termination less the amount of payments already made, and less any mobilization payment still outstanding, if any, plus, b) An amount equal to the relevant cost per flight hour times the number of actual fhght hours flown in excess of guaranteed hours pro-rated up to the date of termination, plus c) Any additional charges approved by the Organtzation -45- In the event the Contractor and the 0rganization fail to agree upon the amount to be paid to the Contractor by reason of termination, the amount, if any, due shall be determined tn accordance with the conciliation or arbitration rules to be agreed upon between the parties at the time of signing the Coniract 26 BIDS 26.1 Language The Invitation to Bid is in English only. However, the Bidder's proposals shall be submitted in either the English or French language and all correspondence between the Contractor and Organization shall be in either the English or Prench language The annexed documents (Sheets 1 to 19) and the Contract Agreement are also being presented in English only. 26.2 Submission a) By the act of submitting a Bid for performance of the 0perations, the Contractor acknowledges that he has visited the Programme area, attended the complete briefing sessions organized by the Director, and satisfied himself as to the nature and location of the 0perations, the general and local conditions, rncluding but not restricted to those bearing upon transportation, disposal, handling and storage of materrals, availability of labour, water, electric power, roads and uncertainties of weather, physical conditions in the Programme area, the conditions of the airports and airstrips, the character of equipment and facilities needed preliminary to and during conduct of the 0perations. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Programme area, as well as from information presented by this Inviiation to Bid and other documenis which will be made a part of the Contract. Any failure by the Contractor to acquaint himself with the available information shall not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the 0perations. The Organization assumes n0 responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the 0rganization. The Organization also assumes no responsibility for any understanding or representation made by its officers or agents during or prior to ihe execution of the Contract, unless such understanding or representation is expressly stated rn the Contract and the Contract expressly provides that the responsibility therefore is assumed -46- by the 0rganization. b) In order to be considered, each proposal must be accompanied by a bid Bond in accordance with paragraph 18.2, as assurance that the Bid has been made in good faith. The Bid submission shall also, as a prerequisite for consideration, include scale plans giving precise details of the application equipment suitable for the types of helicopters offered; together wtth detailed specifications of the functional components (mechanical, electrical and electronic) proposed to be used, and a time-table for their development. c) Bids shall be dispatched in two envelopes, one inside the other. The exierior plain envelope shall be addressed to: Liaison Officer 0nchocerciasis Control Programme World Health 0rganization Avenue Appia 121 I Geneva 27 Switzerland and labelled: The inside plain envelope must be sealed and labelled as follows: "Bid for aerial operations. 0nchocerciasis Control Programme. SUBMISSI0N TO BE OPENED ONLY BY THE CONTRACT REV]EY{ COMM]TTEE" d) 0ffers shall be accompanied by a Bid conforming to the model annexed to this document in which the Bidders will undertake to carry out the 0perations for the sum they propose and according to the terms and condrtions set out in this Invitation to Bid. Prices shall be quoted either in national currencies or in US Dollars. A separate Bid shall be made in respect of each type of aircraft offered. e) In addition, offers shall be accompanied by the following: Bidder's questionnaire form (Sheet B) completed; Bidder's qualifications form (Sheets 9 to 19) completed. f) The deadline for the receipt of Bids at }{HO Headquarters, Geneva, is 12 noon on 24 May 1995 -47- 26.3 0pening and Consideration a) All Bids received by 12 noon on?4 May 1995 shall be opened publicly by the 0rganization at }THO Headquarters, Geneva, at 2 p.m 0n 26 May 1995. b) For the purposes of comparing Bids, conversions of prices into United States Dollars shall be made in accordance with the United Nations 0peration Rates of Exchange ruling in effect on the date of the Bid opening. c) The prices quoted shall be firm for a period of 120 days from the date of opening the Bids. d) This Invitation shall not be construed as an offer to make a Contract with the Bidder whose Bid is the lowest or with any Bidder at all. If and when a firm is selected by the 0rganization, a Contract shall be concluded between the 0rganization and the successful Bidder. Such Contract shall be the sole legal instrument governing the execution of the 0perations described in this Invitation. No oral stipulation and none of the terms and conditions of the successful Bidder shall consequently be binding upon the parties unless it be confirmed in writing and expressly declared to form a part of the Contract documents. e) The Bidders shall be informed of the Committee's decisions as quickly as possible f) It should be noted that acceptance of a Bid by the 0rganizatron shall not constitute any implied commitment by the 0rganrzation for any further work of the same or of a similar nature under this Programme. g) A Bid will be considered only from those Bidders who have been fully represented at the Director's briefing session in the Programme area. h) If a Bid does not substantially conform to the specifications, 0r contains inadmissible reservations or is not otherwise substantially responsive to the Bidding documents, it shall be rejected. i) The dispatch of the invitation to tender 0r any other process of pre-seleciion utilized by the 0rganization to facilitate its evaluation of the Bids, is for the 0rganization's convenience only and shall not imply any acceptance or acknowledgement of a Bidder's capability or suitability to undertake the 0perations. j) The final selection of Contractor will not be on price alone, but will be on the basis of the best overall value in terms of managerial, technical and equipment suitability in relation to the total cost to the 0rganrzation. The 0rganization's decision is final. By submitting a Bid, each Bidder acknowledges that he understands and accepts the foregoing. -48- 27. MISCELLANEOUS 27.1 Benefit of parties All of the terms and provrsions of the Contract shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The Contractor may not assign his rights and obligations to a third party without the written consent of the Organization. 27.2 Caotions The captions of the Sections and paragraphs of this Invitation to Bid are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any paragraph thereof. ? ANNET 1 U) t.rJ(f, z o tr (E I,IJ(L o I UJtr LU (E o o tr.(L 3/ 98816 oHtA c. o SEEETG, E'f(6oo EEc EEE E A6 Oro E '6 =.!g E ETli !E.cE.b E FE ?'i'6pt*t E EqP B E g E Eo L eSoErE!,G(E =oOE Eu -cG9EEc6)E.9, IE6EP6I Eoo* +oo c(U E-b {) E oJ .g o c o =oc o oo c =o o o) LL E -l 8 o -I(U c oo s 0ol(U .tt .9(D , , c(U d) t o o o)(U JGltrrl 6l J a1 o E .gz I I I t 1.. I \ I t t I t tr HH! ts , = = I I I I I I t I I I .s o r! oJ o UI z uJ ID , oj Go Sheet I MODEL OF SUBMISSION I the undersigned Director of Address having taken note of the lTorld Health 0rganization's Invitation to Bid for aerial work for its Onchocerciasis Control Programme, hereby bid for the aforementioned work as outlined in the Invitation to Bid at the prices shown. I understand that this bid does not commit the Organization and that the only instrument binding the 0rganization will be the Contract to be concluded between the 0rganization and the successful bidder. Sheet 2 MODEL OF' SUBMISS]ON I, the undersigned, having examined the Invitation to Bid and being fully informed of the information given during a site visit to the Programme, hereby declare my full cognizance of the nature, terms and conditions of the work. I, the undersigned, hereby offer to hold myself ready to enter into a Contract with the World Health 0rganization (hereinafter referred to as "the 0rganization") io furnish all necessary aircraft, equipment, labour, materials, superintendence, services, tools and everything necessary of whatever kind to expeditiously perform and complete, in a satisfactory and workmanlike manner, all the work required for the proper execution of the project. I offer to perform the work in strict accordance with the terms and conditions of the Contract Iherewith submit with this Bid a Bid Bond equal to ten per cent (tOZ) of tne amount of the Base Price as defrned in the Invitation to Bid. The amount of this Bid Bond negotrable in freely converiible currency in Switzerland is and is made up as follows: (u) (b) A certified bank cheque in the amount of Surety Bid Bond No in the amount of berng a Bond of: Name of Company Address: Location: Sheet 3 MODEL OF SUBM]SSION I agree on the award of this Contract to provide A Performance Bond in the amount of twenty-five per cenL (25%) of the Base Price as defined in the Invitation to Bid plus a Payment Bond in the amount of twenty per cent (20%) 0f the said Base Price. I understand and agree that. - Bids submitted for this work shall remain valid and binding for a period of one hundred and twenty (t20) calendar days from the date of the Bid opening. - The award of this Contract will noi be binding upon the 0rganization until the required Contract Bonds acceptable to the 0rganization have been furnished and the Contract executed. - Failure of the successful Bidder to execute the Contract within twenty-two (??) calendar days from the date of Notification of Award, and to file prior to that date the Contract Bonds acceptable to the 0rganizatron, will entitle the 0rganization to declare the award null and void and to proceed to the forfeiture and liquidation of the Bid Bond. - The Bidder shall with his Bid submit documentary proof of the reliability, experience and financial responsibility of the subcontractor, if any, he proposes to employ, where such subcontractor will perform ten per cent (10%) or more of the amount of the Bid. I agree to be in position and to provide adequate equipment and services necessary for the purposes of the Programme in the Programme area and within a time to be agreed after the issue of the award of Contract and in any event no later than I December 1995. Sheet 4 MODEL OF SUBMISSION I, ceriify that I am the of the Company named in this Submission and that this Submission was duly signed for and on behalf of said Company by authority of its governing body and is within the scope of its legal p0wers. IN WITNESS IYHERE0F', I have hereunto affixed my hand and the seal of said company (Sea1) I hereby certify that of the Company. is authorized to sign on the behalf (Seal) (l,egal Adviser) Sheet 5 MODEL OF SUBMISSION B]D BOND FORM _ AER]AL OPERATIONS }{H0 0nchocerciasis Control Programme KNOIT Au, MEN BY THESE PRESENTS, that we the Bidder and ........... Surety(ies) hereto are firmly bound to the lTorld Health 0rganization (hereinafter called "the Obligee")in the sum of for the payment of which we bind ourselves, our heirs, executors, administrators, and successors, "jointly and severally", Provided That, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any 0r all of us and for all other purposes each Surety binds itself, jointly and severally with the Bidder, for the payment of such sum only as is set forth opposite the name of such Sureiy, but if no limit of liability is indicated, the limit of liability shall be the full amount of the said sum. THE C0ND]T]ON 0F THIS 0BUGATI0N IS SUCH. that whereas the Bidder has submitied a Bid on N0l{, THEREF0RE, if the Bidder, upon timely acceptance by the 0bligee of his Bid identified above, shall execute such further contractual documents and give such bond(s) as may be required by the terms of the Invitation to Bid within the time specified for the execution of such documents and presentation of such bonds, or if, in the event of failure to so execute such further contractual documents and give such bonds, the Bidder has paid the 0bligee for any cost of procuring the work which exceeds the amount of his Bid, then the above obligation shall be void and of no effect. Each Surety executing this instrument hereby agrees that its obligation shall not be impaired by extension(s) of the time for acceptance of the Bid that the Bidder may grant to the Obligee, notice of which extension(s) to the Surety(ies) being hereby waived, provided that such watver of notice shall apply only with respect to extensions aggregating noi more than sixty (60) calendar days in addition to the period origrnally allowed for acceptance of the Bid. Sheet 6 MODEL OF SUBMISSION IN WITNESS ITHERE0F, the Bidder and Surety have executed this Bid Bond and have affixed their seals on this .............. day of .....,......... 19. Signed, sealed and delivered in the presence of (Seal) Address Signed, sealed and delivered in the presence of: (Seal) Surety(ies) Address Note. Power of Attorney for the Surety Representative shall be attached Sheet 7 BIDDER'S QUESTIONNAIRE FORM Dear Sir, I am presenting all information required by this Bidder's Questionnaire for the Aerial Spraying Contract of the 0nchocerciasis Conirol Programme: 1. Company or Individual bidding Type of company and law by which the company is governed and has been established 3. Company address Representative Address I include a Bid Bond consisting of issued by for the amount of 6. I let it be known that I accept the bidding documents without restrictions Yours very truly, Signature of the Representative Complete name and title 2 4 5 Sheet B B]DDER'S QUALIP]CATIONS FORM Dear Sir, I am presenting all information required by the Bidder's Qualifications Form for the Aerial Spraying Contract of the 0nchocerciasis Control Programme. PART ] - PERT'ORMANCE RECORD 1. Number of years the Company has been in business as a Contractor under its present business name 2. Number of years experience the Company has had: (u) as a general Contractor: (b) as a Subcontractor: 3. The relevant experience of the individual of the Company assigned responsibility for this Contract: a t- a) .c, a/) 9A- bC).LO- =52 o >- E. o c- : o a----.:^(u H; v2*-i- c; o- e|4-Yv E - - ^ (Ea E _jvuj _) 4_-= = q)E:-E€3 3-3J O i=.4= q; C/) t- r- q)o =E=JE=v)C(E-# E = s^EEEEE€= E 3EK E €.E0.) 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T- o) p(D = -t lu) ...:l J ol c) o)l (lJ -cl r^ laU)Y;Z Y1IEJ oEc)(JD 9JenO- ,- z.o -(DV)E u\ <E I- -q)z.E JYo)v-ctr-=o v)V)P - (-) '-(U s:F-w)5 (') v)EO =(Ur-(D a.o (tr 'x q) 6O ((, t =o .o(o O , CU -- -; €E;EO -+J.=o)c,O f=- >\ Sheet 12 PART II FINANCIAL F]NANC]AL SITUATION The annual report of the Company together with the latesi balance sheet ceriified by the Company Auditor is submitted herewith. a a Sheet 13 PART ]II MANAGEMENT AND OPERATIONAL STRUCTURES 1. Details of management structure of company with organizational chart Names and nationalities of the Project Manager at operational headquarters, base manager and chief pilots who will be assigned to these 0perations with their relevant experience, Detailed curriculum vitae should be attached. Details of proposed management and operational structures for thrs Contract including inter-relationships between operational headquarters and home-base, delegation of responsibility, liaison with the 0rganization, coordination and control of services, etc. An organizational chart would be helpful. Details of contractual arrangements with key staff to obviate resignations during critical wet season. Details of pilots and engineers with experience relevant to Contract who may be assigned to the 0perations would be helpful. 2 oJ 4 5 a a I Sheet 14 PART IV A]RCRAPT 1. List of aircraft owned that are considered suitable and available for the Contract 2, List of aircraft intended to be purchased for the Contract. 3. List of aircraft proposed to be leased for this Contract; quantity and reasons for Ieasing; I Sheet 15 PART V LARVIC]DE APPL]CATION EQUIPMENT 1. Provide a full and precise description, togetherwith scale plans of the larvicrde application equipment meeting the specifrcations contained in Section 6 of the Invitatron to Bid and a timetable for development. 2. Subcontracting If installation, servicing and adaptation of application equipment is to be subcontracted, give full details of subcontractor, his experience in this work and relationship to the Company. 3. Aircraft certification Indicate method and time required for re-certification of aircraft after any modification of release equrpment. t a Sheet 16 PART V] SPECIFICATIONS OF TYPES OF AIRCRAPT OFFERED Provide full description in accordance with the specifications in the Invitation to Bid t a Sheet 17 PART V]I SUBCONTRACT]NG Pull details of the proposed subcontractor, if any, including experience of the work proposed.I t t a o) ,E o o) o. >! olt ' o € o aI) 0 oE C) o. o o) tr o o. 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Всемирная организация здравоохранения (ВОЗ / WHO) · Technical Documents
Invitation to bid for aerial spraying contract World health organization Onchocerciasis control programme: 1996 - 1998
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