Invitation to bid for aerial spraying contract of Word Health Organization, Onchocerciasis Control Programme

@ WORLD HEALTH ORGANIZATIONORGANISATION MONDIALE DE LA SANTE TNVITATION TO BID FOR AERIAL SPRAYING CONTRACT OF WORLD HEALTH ORGANTZATTON ONCHOCERCIASIS CONTROL PROGRA!,IME o II l .: b 1. 2. 3. 2 INTRODUCTION SPECIFTCATIONS FOR OPERATIONAL AIRCRAFT REQUIREITIENTS FOR CONTRACT AIRCRAT.T 3.1 General 3.2 Helicopters3.3 Spares FLIGHT HOT'RS GUARANTEED FOR CONTRACT AIRCRAT'T 4.L Measurement4.2 By the Organization 4.3 By the Contractor4.4 General AIRCRAFT POSITTONING 5.1 Position Deadline5.2 Familiarization Flights5.3 Conpensation 5.4 General I,ARVICIDE APPLICATION EQUIPMENT 5.1 General6.2 Lanricides Currently in Use6.3 New Larrricides6.4 Application Equipnent AIRCRAFT AVIONICS 7.L Radios 7.2 Radio Specifications '7.3 Radio Communication 7.4 Liaison with Air Traffic Control 7.5 Special VFR 7.6 Compliance with laws AIRCRAFT EUERGENCY EQUIPIIENT Page 6 I 9 9 9 9 10 L0 10 10 10 11 t1 11 11 11 L1 LL L2 t3 13 15 15 15 16 16 15 L7 4. rl 5. 6. 7. L7 L7 L7 8. l7 L7 L7 17 8.1 Crash Position Indicator8.2 Sunrival Kits 9. ATRCRAFT I{AINTENANCE 9.1- Basic Workshops9.2 Maintenance Schedule9.3 Inadequate Aircraft I , 1.0. AIRCRAFT GROI'ND SUPPORT LO.L Operational BasesLO.2 FueI, Lubricants and Lanricides 11. RESEARCH AI{D EVALUATTON 1L.L Flying Component LL. l- Equipment Engineer . L1.3 Re-Certification L2. PERSONNEL L2.L General L2.2 Pilots L2.3 Enployee Contracts L2.4 Crew Rotation L2.5 Contractor's Home Base L2.6 Project and Base Managers L2.7 Pilot QualificationsL2.8 Engineers QualificationsL2.9 Valid Documents 12.10 Health L2.LL Duty Cycles L2.L2 Missions and F1ight Reports 13. PRIVILEGES AIID IT{I,IT'NITIES 13.1 Customs Duties L3.2 Contract Termination 14. II{ATERIAI,S, EQUIPITIENT AND UTTLITIES L4. 1 Contractor's Responsibility L4.2 Advance List 14.3 Restrictions on Use L4.4 Local Facilities 14.5 Damage 14.6 Kara Well and Punp 15. PROTECTION OF PERSONS AND PROPERTY 18 19 18 L8 19 19 20 26 26 20 20 2L 2L 22 22 22 23 24 24 24 24 25 26 26 26 26 27 27 27 27 27 27 28 28 28 28 28 15. r. L5.2 15. 3 15. 4 L5. 5 15. INSTJRANCE Safety Compliance with Laws Hazardous Materials Responsibility for Loss Contractor's Indennity 15.1 Required Insurance L6.2 General 28 29 4L7. SUBMITTALS AND REPORTS L7.L Language L7.2 Schedule and PIan L7.3 Revised Schedules L7.4 Project Manager's Monthly Report L7.5 Field Visit and Contract Review Meetings 18. BONDS 18.1 Form L8.2 Bid Bond 18.3 Performance Bond and Palnnent Bond 19. T'INANCIAL ARRAT{GEMENTS 19.1 Payments L9.2 Positioning and Depositioning Charges 19. 3 Mobilization Palmrent 19.4 Liquidated Damages 19.5 Other Damages 20. SUBCONTRACTING 20.L Permitted Subcontracting 20.2 Contractor's Responsibility 2L. VARIATIONS zL.L Change in Orders 2L.2 Change Order Proviso 2L.3 Writing Required 22. ,OBLIGATIONS OF CONTRACTOR 22.L General 22.2 Existing Conditions 22.3 Aerial Operations 22.4 l{orking Areas 23. LIABILITY WITH RESPECT TO CI,ATMS 23.L Contractor's Indennity 23.2 Third Party Claims 23.3 Third Party Coverage 24. FORCE I{A"]ET'RE 24.L General 24.2 Contract Termination 29 29 29 30 30 30 30 30 30 31 32 32 32 32 33 34 35 35 37 37 37 -) 34 34 34 34 34 35 35 38 38 38 38 39 39 39 25 TERMINATION OF THE CONTRACI 25.L Contractor's Right 25.2 Organization's Right 25.3 Notice of Ternination 25 .4 Temination C1aim BIDS 26.L Language 26.2 Submission 26.3 opening and Consideration It[ISCELI,ANEOUS 27.L Benefit of Parties 27.2 Captions 39 39 39 40 40 4L 4L 4L 43 43 43 44 26. 27. 6].. INTRODUCTION l.L The World Hea1th organization, hereinafter referred to astt!h" organizationtt, is inviting bids for the provision ofaircraft suitabry equipped for apprication of larvicides,together with the necessary ground support, for the continuation of the aerial spraying activities of the onchocerciasis ControlProgramme, hereinafter referred to as ttthe programmer. Theagrial operations, hereinafter referred to as rtha operatioDsrr, will be conducted on behalf of the organization on a Lontractuaibasis by the successful bidder, hereinafter referred to as rtheContractorrr. L..2 The organization as Executing Agency, acting in cooperation with other International Agenciesl and the governments of Benin,Burkina Faso, c6te d'rvoire, Ghana, Guinea, Guinea-Bissau, uari,Niger, senegal, sierra Leone and Togo, hereinafter referred toas the rrParticipating countries" is undertaking this large- scare Progranme to control the disease, onchocerciasis, in the area derineated on the map in Annex 1,. The operations wirr becarried out with varying degrees of intensity in alr of the 11Particip?ling countries, with control -activities beingessentially concentrated in the western and southern areas of theProgramme area. 1.3 The parasite onchocerca volvulus which causes onchocerciasisis carried by the blackfly simulium damnosumz which transmits thedisease when biting. o. vorvulus rives on average approximateryL2 years in the human host and thus, in the absence-of suitabli chemotherapy, it courd be necessary to continue the control campaign for several years beyond that period to ensure that, when blackfly control operations cease, human reserrroirs of thedisease will no longer exist. S. damnosum breeds in watercourses and the fly lays its eggs on vegetation and rocks at water 1evelin rqpids, and other fast-flowing or turburent stretches of water, natural or man-made. Such sites are normally identifiablefrom the air. Tlhen the eggs hatch, the emerging ranrae remainin these breeding sites attached to any suitable lubstrate. Theduration of the ranral stage averages just over seven days. L.4 Control of the Sinulium vector by attacking it in its larvalstage is to date the most effective way of interrupting onchocerciasis transmission. Because of the size of the irea]the large distances involved and the general inaccessibility oithe sin\rliun breeding sites by terrestriar means, aircraft ;ith specialized equipment have to be used to make applications of thebiodegradable larnicide of choice to specifGd parts of therivers in such a manner that it is carried naturalLy downstreamto make contact with the larrrae in the breeding sites. sixdifferent lanricides are currently in use on a rof,ational basisto control lanricide resistance. The effective dose lethal toS. damnosum lanrae differs from one larrricide to another and thequantities to be app-ried to the rivers are variable, beingcalculated on the basis of water discharge rates. and the I rhe united Nations Development programme (IrNDp), the FoodAgricurture organization of the united Nations-(FAo) andWorld Bank.2 simulium damnosum means simuliun damnosum complex. -7 l-.5 For the product,s 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 effectiveif applied as coarse sprays in transverse bands across the river. During the wet season (l{ay to October), when the rivers are fuII, the flow of water is sufficient to mix and distribute theIanricide to carry it an effective distance downstream,pemitting fewer application points, one application often being sufficient on larger rivers for stretches up to 50 Ims. Thequantities of the principal lanricides applied throughout thisperiod have, to date, varied considerably. During a single treatment mission a helicopter may be required to treat at from o.2 to 100 litres or more per lanricide release. 1.6 In the dry season (November to April), when the river flow and levels are low, natural mixing and distribution of thelanricide is inadeguate. Different application equipment and methods have then to be used to achieve a satisfactory coverage by the lanricide. A band of lanricide, stretching from bank to bank, has been found to be effective and ensures that all parts of the breeding site inmediately downstrean receive treatment.At some particularly difficult breeding sites, two or three successive bands of lanricide have been reguired. In the dry season, therefore, treatment involves the rapid and repeated application of lanricide, carefully and precisely placed, in order to ensure effective distribution of the larvicide. The distance between treatment points becomes greatly reduced and,particularly at low water, up to 20 applications can be reguired 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 particular set of rapids. The quantity applied at this time of year for each release point is often as low as O.2 litre. L.7 The success of the Sinulium control programme is completely dependent on regular weekly treatment of the known breeding sites throughout the area. On certain rivers or stretches of rivers where control has been shown to be effective over a period,larvicide application may be interrupted and reintroduced only when indicated as necessary by the entomological sunreillance teams. 1.8 Following a phased build-up of operations from L975 onwards, the central part of the Progranme area (Annex 1) has been under control since the beginning of L979. The total length of river systems throughout the Programme area where sunreillance and treatment will be required to be undertaken during the course of the Contract is approxinately 30 000 kms. 1.9 In the course of operations, helicopters frequently land in remote areas where there has been litt1e or no groundpreparation. In the dry season, even on the prepared ground, there are often extreme dust conditions. -8 1.19 To date, the operations have been carried out on a weeklybasis according to flight schedules prepared by the organizationl and based on entomological and hydrological data relayed by radioto Programme Headguarters each weekend. It has proved convenientto arranlre the treatment circuits covering several days each week. This procedure has worked satisfactorily and hal led tothe success achieved by the Programne to date, with vectordensity and transmission of the parasite being interrupted or reduced to an insignificant level over 8Ot of the arei underlaryiciding. It is absolutely essential that this success be maintained and, if possible, improved upon. 2. SPECIFICATIONS FOR OPERATIONAL AIRCRAFT 2.L The Hugtres 5O0D and 5008 model helicopters have proved tobe adequate in the past for both treatment and prospection flying on the Programme. Other tlpes of helicopter would be consideredbut must have a perfomance and characteristics equal or betterthan the following: Uininun 30O 1 lanricide capacity in spray mode.llininun endurance t hour 45 minutes, with 15 minutes reserve.- Cmise (air) speed as indicated: 110 knots under tropical conditions (OAT 3O.C; altitude IOOO- 2OOO feet), with spray system, fuII fuel and 2OOlitres lanricide (12O litres if an obser:ver is onboard) Minimum 25 hours between maintenance checks. Damper type landing gear. Mininum 420 H.P. engine T'trrbine enginePassengers: minimum of 3 in the prospection configuration and 1 in the spraying configruradion.An acceptable fuel consumption for quoted speed: capacity ratio 110 ktl2Oo 1, i.e. L2S L/h.Short body and rotor blades (rotor blades 2G 30 ft. - diaueter). Proved teLiability and robust construction.A sealed partition between the cockpit and the rear compartment, if an internal lanricide tank is employed. 2.2 The hericopters shall be suitable for operation under extremes of teqperature, hunidity and dust. Hericopters wilr be used on occasion for the transportation of staff and equipnent and for eiuryeys and reconnaissance and their ability to cirry atleast three passengers in the prospection configrurition, and onb obserrrer while in the spraying configruration, is essential. seatberts with shoulder-harnesses sharr be fitted. corrosionproofing and a particre separator on the engine air inlet aredesirable. Furthetmore all helicopters shall te fitted with dual airframe fuel filters. -9 2.3 Anbient tenperatures in the Programme area can be up to 4O"C with cockpit temperatures sometimes rising to 50'C. In the dry season, the treatment strategy requires helicopters on missionsto spend a considerable tine at Iow speeds and hovering. As the main air ventilation systen on most helicopters operates only onforyard movement, additional means of maintaining satisfactory ventilation and circulation of air must be provided. Perspexdoors with standard bull's eyes or sliding windows shall befitted. Excessive perspex areas sha1l 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 Organization, shall befitted to each treatment helicopter, in line of sight to enablethe pilot and obsenrer to obsenre the emission of larrricide andits 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 Organization and anintegrated auxiliary fuel bladder (91 litres capacity) shall be available at each operational base for installation onprospection helicopters. 3. REOUIREI.IENTS FOR CONTRACT AIRCRAFT 3.1 fn each year 1993 | L994 and 1995, the Contractor shaIlprovide fully serrriceable helicopters with crew and ful1 supportin accordance with the following schedule. 3.2 Aircraft a) Four (4) helicopters shall be provided under the Contractfrom 1 January to 30 April inclusive, increased to b) A total of six (5) helicopters from 1 May to 31 Decemberinclusive; collectively referred to as rrCore Helicoptersrr. c) At any time during any year, additional helicopters shall be provided under the Contract, up to a maximun of five (5), as requested by the Organization on at least two months, noticeprior to the required date of positioning, collectively referredto as rrSupplementary Helicopterstr. 3.3 Soare Aircraft In order to safegruard Operations, the Contractor shall havepermanent serrriceable availability within the Programme area, addition to those Aircraft provided under Section 3.2 above,least one (1) spare helicopter. onin at 10 4. FLIGHT HOI'RS GUARANTEED FOR CONTRACT ATRCRAFT 4.1 Measurement . For the purpose of this contract, hericopter frying tiure isdefined as the period of time between rtlifl-offrt and rrtouch-dorrnrt. rt sharr be measured by tachometers recording in hours and tenths of hours mounted on the instrument pedestal and activated automatically by both the main rotor Lransmission andthe collective lever. 4.2 Bv the Organization The contractor sha}I be guaranteed palment for fifty-five(55) hours per month, or a pro-rated amount thereoi forincomprete months, for each core Helicopter and eachSupplementary Helicopter reguired to be available for active serrrice under the contract as provided in section 3.2 (the costper flight hour for any supprenentary Hericopter shall be the same as that charged for each Core Helicopter); 4.3 By the Contractor core Helico-pters, gs well as supprementary Hericopters carred into active serrrice pursuant to paragraph 3.2 c); arecollectively referred to as trContract airclafttt. The Contractorshall gruarantee the availability of each Contract Aircraft fora minimum of 10o flight hours per nonth of operation and on apro-rata basis fg= inconprete nonths of being reguired to beavailable for active serrrice under the Contracl. 4.4 General a) It is absolutely essential that larvicide applications be made at weekly interrrals without interruption throughout the yearaccording to schedules prepared by the brganizat-ion.AccordinglY, all Contract Aircraft shall be available withoutfail to perfotm that function, allowance being nade for routinesenricing and maintenance as agreed by tLe contractor inconsultation with the Progranme Directol or his authorized representative (hereinafter referred to as rthe Directorrr). b). Ttre organization sharr onry pay the contractor for flights which have prior written authorizati-on from the Director. At-the end of each d"y's flying, the pirot sharl conplete a daily frightreport according to a format approved by the Director-. rtrisreport shaIl be subnitted to the Director for acceptance andsignature after each mission and wilr fom the basis for thecalculation of flight hours for palment as per section 20. Anyflight undertaken outside the missions authoiized by the Directoishall be considered as non-revenue and therefore not conpensatedby the Organization. 11 5. AIRCRAFT POSITIONING 5.1 Position deadline All Contract Aircraft as well as personnel, shall be inposition in the Programme area not later than 1 December L992. 5.2 Faniliarization fliqhts All Aircraft shall be ready for the Operations not later than 1 Decenber L992 in order that all equipment fitted can be tested. The Contractor's pilots shall then undertakefamiliarization flights and simulated treatments to enable theContractor confidently to assume responsibility for aII Operations without interruption on 1 January 1993. 5.3 Compensation The Organization shall pay 50 I of the Contract rate forhours flown during the (paragraph 5.2, familiarization andtraining flights authorized in advance by the Director 5.4 General Other conditions described in this document shall be ehforced during the installation period insofar as they are applicable. 6. I,ARVICIDING APPLTCATION EOUIPI{ENT 6.1 General il For all Contract Aircraft the Contractor shall provide reliable larvicide application equipment designed to enable rapid and repeated application of accurately measured quantities oflanricide to be made to rivers in the manner described in theIntroduction. The Contractor shall ensure that all such equipment is satisfactorily tested and certified before ContractAircraft enter operational senrice under this Contract. b) The Contractor shall ensure that aII larrricide application equipment conforms to the specifications set forth in thisSection 6 and is finally approved by the organization as neeting those specifications not later than 1 April 1993. Inrnediately after the award of the Contract and, again, during thedevelopnent of the equipment, the Organization shall send a technically conpetent representative to the Contractor,s base to assure as much as reasonably possible that the eguipnent meetsthe Progranme's needs and, if the prototype equipment is acceptable, to provide provisional approval of the eguipment.Provisional approval shall constitute final approval of the structural characteristics of the equiprnent except to the extent changes nay be necessary to make the performance characteristics of the equipment in the Programme area meet the specifications set forth below. Such perfomance characteristics and, together with strrrctural characteristics in the event provisional approval L2 has not been given, shall be assessed by the organization in the Programme- area in accordance with protocols provided by theorganization and the equipment sharr be ipproved it itconsistenlIy neets specifitat,ions. In order to-Lourpensate theOrganization for its damages incurred for the Contractorrsfailure to provide equipment meeting Contract specifications in a tinely manner, the Contractor shall pay to the brganization for each day after. l April L993 untir finar approvar has been givenof said lanrici.le apprication equipment, us$ soo for each oi any such gnapproved helicopter eguipment. such final approvar shallbe without prejudice to or diminishment of the contractorrs continuing obligation to ensure that the equipment at aII times meets specifications. c) The complete application system shall contain sufficient automatic devices to allow the pilot to operate them efficiently and make the _required application safery whilst hovering orflying at low levels in restricted areas. d) Each Aircraft sharl have current certificates ofairworthiness, which include its spraying configurations. TheContractor shall naintain these certificates in force at aIItimes. e) The lanricide application equipment fitted shall conform tothe regulations preFcribed by, and receive approvar from, theaeronautical authorities in the country in which the relevantContract Aircraft is registered. Such approval shall include thesafety of attachment, operation and use of equipment with toxic substances. f) It is essential that aII application systems in ContractAircraft be provided with a nrechanism by which the lanricide canbe jettisoned. rapidly in. an emergency and at a rate conforningwith the conditions specified in the country of registration oithe relevant Contract Aircraft. g) All helicopters shall be capabre of conversion from Passenger to treatnent configuration or vice-versa in half a dayor less. h) calibration checks of all types of apprication equipnentshall be carried out every week in the presence of an otrsenrerfrom the Organization if requested by the Director. 6.2 Lanricides currentlv in use a) _.crrrrently six lanricides are in usei and are generarlyapplied undiluted: Abate: an organophosphate in the fom of an oir-based 20 per cent enulsifiable concentrate. Phoxim: an organophosphate in the form of an oir-based 50percent emulsifiable concentrate. l_3 Pvraclofos: an organophosphate in the form of an oil-based 50percent emulsifiable concentrate. Carbosulfan: a carbamate in the fotm of an oil-based 25 percent emulsifiable concentrate. Perrrrethrin: a synthetic pyrethroid in the fotm of an oil-based 20 percent emulsifiable concentrate. Bacillus thurincriensis H-14: a non-chenical water-based product containing spores and crystals of a bacterium. b) Application equipment shalI be constructed of corrosion-proof and hydrocarbon-resistant materials throughout and proved not to react to any chemical solvents used. Experience withBacillus thuringiensis has shown that aluninium cannot be usedin components in contact with this product. The Contractor shallprovide 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 equipnent as described in this section and any reguired nodification to this equiprnent before it is finally approved by the Organization, and subsequently, when necessary,to nake the equipment continue to meet the performance specifications set forth in this Section 5. In this latter respect, the Contractor's equipment engineer shall regularlyparticipate in fuII treatment missions as an obsemer, at least once every three months and as required by the Director, in orderto be knowledgeable on the current functioning and performance of lanricide application equipment under field conditions. TheDirector reserrres the right to have the application eguipmenttested 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 lanricides Ianricides and fomulations other than those mentioned inparagraph 6.2 a) may be added to the Programne by the Organization during the course of the Contract. The Contractor shall be given reasonably sufficient tine to test the conpatibility of his equipnent with such ne$, larvicideformulation. Any modification necessary as a result of the use of such new larrricide fomulation shall be made with the prior agreement of the Director and will be at the expense of the organization. 6.4 Application ecmiprnent The application equipnent shall contain the following components and specifications to cope with the range of products and formulations used: a) A larrricide tank of 300 litres capacity, which shall: (i) be capable of being totally filled and emptied, without physical contact with insecticide (by use of a valve rather than a plug); b) L4 (ii) have a sloped bottom to guarantee complete drainage of viscous products; (iii) enable the level of lanricide to be clearly visible with a scale graduated at 25 litre intervals so thatthe quantity may be readily measured during groundloading operations. A recirculation system in the tank with a capacity of atleast 1.5 litres/second to enable the mixing of poor and/or viscous formulations and/or additives after loading, which canbe activated by the pilot whilst in flight; c) A prrnp driven by an electric motor to apply 1arvicide volumes as specified; d) A filtration system which can be cleaned without drainingthe lanricide tanks; e) A flowmeter or conbination of flowmeters covering the whole range of applications within the required accuracy specified inparagraph 5.4 n) below; f) A boon, with a length of approximately 1.6 meters, and nozzle arrangenent with five spray nozzles, spaced 35-40 cm apart, one snarr dribbre nozzle and one big dribbre nozzre, each nozzLq to be controlled by a sorenoid shut-off varve and to be serected separatery or in any desired conbination by the pilot whilst in flight. The boom shall also have one outlet witfr agate- valve and - canon plug to enable punping of remaininglanricide back into drums and to faciritate Creaning of th; system. The spraying systen whirrjet Hollow cone Bxso for thefive spray nozzres, the spraying systens sorid stream Veejet IIUtyPe f,or the small and big dribble nozzles, and Valcor SV-seriesfor the solenoid shut-off valves have proved adeguate in the pastthough other equivalent tlpes would be acceptable. g) Control boxlmonitor with the following features: (i) small dimensions, in order to be fittedbeside the instrument panel in the field of view of the pilot so that attention does nothave to be diverted from flying during application; (ii) rapid selection and change of application rates i (iii) measure frow rates between 0.2 and 3 titres/secondi (iv) four digit keys to enter or count rates and amounts of up to 999.9 litres selectable at O.1 litre steps (each digit key capable of being resetindependently to rapidly select or change drop sizes) ; n) to (v) 2 L5 LED totalizers, each counting simultaneously amounts of larvicide up to 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 nozzle or combination of nozzr.esi i) A larrricide release button/switch mounted on the cyclic which activates the spray punpt j) A recording system with an integrated tirne recorder connected to the control box/monitor, to record all operations; k) A pressure control systen with a gauqe visible to the pilot whilst in flight to confirm that the system is functioning correctly; 1) A non-manual lanricide refill system, eguipped with a filter unit, to replenish from drums at ground level, which is efficient enough to completely drain the drum of its contentsi The pressurized parts of the release system located exterior the cabin (for reasons of safety and accessibility); n) The larrricide application system shall conform to thefollowing specifications for the entire range of products andfotmulations used: , (i) accuracy of measurement of volume applied plus or minus5t or better. (ii) application of lanricide volumes between O.2 and 3OOIitres in steps of O.1 litre with a pressure of at ' Ieast 35 PSI (2.5 bar) at the nozzLe, at thefollowing rates:. - between 0.75 litres/second (using one nozzle) and 3litres/second (using 5 nozzles), - between O.2 and 0.5 litres/second (using the one small dribble nozzJ.e), - approximately 1 litrer/second (using the one bigdribble nozzle). 7. AIRCRAF'T AVIONTCS 7.L Radios The contractor sha1l be responsible for the supply,installation, operation and maintenance of VIIF and HF radio equipment to neet International Civil Aviation Organization(icao) standards. All radio communications and iavigation equipment shall be of excellent quality and suitable for utilizing frequencies of the Agence pour Ia S6curit6 de Ia 16 Navigation a6rienne en Afrique et i Madagascar (ASECNA) countries of West Africa and the Directorate of Civil Aviation, Ghana. AIIAircraft shall have at reast 1O-channel HF (ssB) and vHF radio shown to be suitable for use in all countries of the Programmearea. The Contractor shall also equip his Aircraft with the HFfrequency in use by the Organization (5OOO ILOOO KIIz). 7 .2 Radio specifications The radio communications system sharl conform to thefollowing specifications : General: Frequency stability + LOHz for the temperature range of -30 degrees Centigrade to +60degrees Centigrade with preferably progranmable synthesized frequency selection Receiver: sensitivity 0.5 uv for L0 dB siqnar + noise inthe SSB modeo Jtoise Transmitter: Power output of t-oow pEp in the ssB mode. 7 .3 Radio conmunication The Contractor shall install a radio HF communications system (nininun 100 watts) at each base to be manned at aII tines when Aircraft are operating. The Contractor shall obtain the necessar? authorization for use of his own HF radio frequency for communications with his Aircraft. He shalt introduce alepoiting system such that the location of the Aircraft is known at alltimes. Radio sets equipped with this same HF frequency wirr beinstarred by the organization in the organizationrl aerialoperations offices at each base and Llso at programmeHeadquarters. This frequency wirr be used also foi thetransmission of river dosages to pirots where theteretiansmission system is in- operation- and as such theContractor shall ensure that his radios are in good working orderat arr times when any Aircraft is operating. A radio iailure will necessitate an uncompensated return to base. 7.4 Liaison with air traffic control Liaison by radio with the various air-traffic control centres in the Progranme area, and through the programme radio network, being a highry important aipect of the aerial operations, the contractor shall provide trigh quarity equipment and his pilots shall adhere to the radio proceaure rlquestLa inthose countries of Operation. The Contractor shalL ensure thatradio connunication is possibre on both HP and VIIF with the relevant air-traffic control centres. He shall ensure also thathead-sets are provided for inter-communication within theAircraft and with the organization,s bases and that these are naintained in good working order at arr times. These head-sets should be of the David crark nodel or better and be equipped with an individual volume control. 7.5 Special VER All ranricide releases sharr be made under visualconditions. Treatment fliqhts shall be made in compliance with L7 Visual Flight Rules but occasionally in the Harmattan season, when visibility becomes extremely restricted, special VER may be required to leave the najor airports. All Aircraft shall be eguipped with sufficient instrumentation and Automatic DirectionFinder to undertake this flying. 7.6 Compliance with laws A11 flying shall be in compliance with the rules of the country in which the flying is taking place, including theprescribed daylight hours for day operation and all other relevant rules. 8. AIRCRAFT EUERGENCY EOUIPI.IENT 8.1 Crash position indicator All 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 aII tines in accordance with the manufacturerrs recommendations and appropriate regulations. The Contractor will from time to timebe required to furnish proof of such naintenance. 8.2 Sunrival kits Sunrival kits shall be provided for aII Aircraft appropriateto the number of passengers and pilot and in accordance with the aeronautical regulations of ASECNA and national authorities and any additional requirements of the organization. 9. AIRCRAFT I.TAINTENANCE 9.1 Basic workshops The Contractor shall fully maintain all his Aircraft,including flight instrunents, in an airworthy condition and suitable for the Operations. For these purposes, the Contractor shall establish and maintain basic workshops at the main bases referred to in paragraph 10.1 a) and shall be required to have at such workshops, sufficient stocks of Aircraft spare parts andtools for the proper maintenance of his Aircraft and equipnent. 9.2 Maintenance schedule The Contractor shall subnit 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 withthe Programrne,s activities. 9.3 Inadequate aircraft If, as reasonably assessed by the Director, the performance of any of the Aircraft is not at a leveI which meets the specifications contained in Section 2, the Contractor shall replace the said Aircraft at his own expense and without in anytay interfering with the schedule of the Operations, or othemise. L8 10. AIRCRAFT GROI'ND SUPPORT 10.1 Operational bases a) The main operational bases for Aircraft will be Odienn6, C6te d'Ivoire, and Kara, Togo, where hangar, workshop and storage accomnodation shall be provided by the organization. TheContractor shall be responsible for the provision of acconmodation and transport of his orrn personnel at these main bases as well as cost of utilities as required in paragraph 14.4.I{hilst Aircraft are operating, these two bases shall bepermanently manned with engineers present or on immediate call and a radio watch maintained there. b) -Occasionally, missions reguested by the programme mayrequire an Aircraft to remain away from its base for periods exceeding the intenral required for maintenance checks, Lut notIong enough to require the establishnent of a temporary base.In such cases, the Contractor nust make provision for perfoming a maintenance check in the field. c) The Organization reserves the right to request an Aircraft and pilot to be based temporarily elsewhere than the aforementioned two operational bases, should it prove desirable. rn the case of any mission requiring the pilot to be away fromeither of the operational bases for more than 2L dayJ, the organization shall treat the pilot as being rrbased tenpbrariry elsewhererr and shall reimburse the Contractor for the expensesincurred beyond such 2L day period, such reimbursement not to exceed the standard appricabre per diem of the organization. d) At the discretion of the Director, and in the interest ofthe e,ff iciency of the operations, it nay be necessary to changethe location of one or both of the operational bases during the course of the Contract. Any costs incurred by the Contractor intransferring his equipment lnd staff to a new-base will be at the expense of the Organization. e) F9r the puryoses of refuelling and re-fi1ling withIanricide, Contract Aircraft will be reguired to land at various caches referred to in paragraph 10.2 a) and ersewhere in ar1 eleven Participating Countries. Furthermore, routine overnight stops will be necessary for Aircraft at places other than ttre operational bases. rn such cases the provision and cost of acconmodation and transport of his personnel wirl be the responsibility of the Contractor. (f) Detetmining the suitability of any selected landing site foraircraft operations shall be the responsibility of the Contractor and the pilot. LO.2 FueL lubricants and larvicides a) The Organization shall be responsible for the provision offuer for approved use by the contract Aircraft through tankfacirities available at airports and in dnrms at caches throughout the Programrne area. L9 b) The Organization recycles 2OO litre drums and has them refilled either from a fuel tanker or directly from airportpumps. The Organization shall provide reasonable notice and theContractor 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 prejudiceto any other rights the Organization may have, it shall be conclusively deemed that the Contractor has accepted the fuel and druns for use for the purpose intended. c) As refuelling is normally done from drums, aII ContractAircraft shall be provided with non-manual fuel pumps fitted withhigh quality particle and water filters, such as PITROLATOR and GO-NO-GO filter systemsr or eguivalents. d) The Organization shall also provide fuel for maintenanceflights of Contract Aircraft undertaken at the operational bases. The Contractor shall reimburse the organization for fuel used on all naintenance and other non-revenue flights calculated on thebasis of the consumption specified in the Contract. e) The Contractor shall be responsible for the provision of aIIIubricants used. f) Notwithstanding the foregoing, the Contractor shall assistthe Organization, as requested and as specified below, in the adninistration of the various fuel and larrricide caches located throughout the Programme area since his aircraft are the sole users of such caches. Upon every landing at each such cache, theContractor's pilots shall take accurate recordings of fuel andlanricide used and of remaining stocks and provide them to theDirector. Furthernore, the Contractor shall select one of his senior pilots to Iiaise regularly with the Organization concerning the cache situation. g) At the beginning and end of each circuit the pilot shall record the amount of fuel and lanricide remaining in the tanks. 11. RESEARCH Al{D EVALUATION 11.1 F1ving component An inportant part of the Programme activities is concerned with research into new lanricide formulations for Sinulium control and investigations into possible alternative methods ofIanricide application. In addition, an extensive evaluation isperformed to monitor the effects of lanricide apptications onSinuliun populations and on other, non-target organisms. TheContractor shall perfom the flying component of the research and evaluation prolrramme, including the testinqr of new lanricidefomulations and new or modified application equipment, and thetransport of personnel and equipment. LL.2 Ecruipment engineer The Contractor shall be responsible for the design, construction, provision and installation of new equipnent -20 required in the course of this Contract, the cost of which willbe borne by the organization following approval and negotiation.In lhis respect the Contractor shall ensure that a qualifiedengineer, highry e:<perienced in the deveropment of lanricide spraying equipment, is pemanently assigned to the Programme area and have all facilities required for manufacturing or nodifying such equipment. ownership of such equipment, and iny patenCana other intellectuar property rights arising out or- tne workprovided for in this paragraph 11.2 shall be exclusively vestedin the organization. 11.3 Re-certification The Contractor shall bear the cost of re-certification ofContract Aircraft as a result of any changes made to the existing application equipment or of the fitting of alternative equipmenf, required for this research or introduced during the operaLions and provided by the organization. L2. PERSONNEIJ L2.L General a) The execution of the contract sharr not create any emproyer- enployee rerationship between the organization- ana -the contractor's -employees. The contractor shall be soleryresponsible for all matters rerated to the conditions ot recruitment and emplolment of his enployees, and shall indennifythe organization against any claims to the contrary. b) onry personnel acceptabre to the organization sharr be employed on the contract. rn this regard, arr the contractorrsstaff to be assigned to the Operations shall first have their curriculum vitae, including details of qualifications, relevant ricences and certificates, approved by the organizadion. The contractor sharl, under no circumstances, assign or reassign anypersonnel without the prior authorization of ttre Director: - c) Enplolment by the contractor of personner assigned to theProgramme shalr incrude a probationary period of iix months.After this period the Contractor and organization shall make ajoint assessment to determine whether the assignment should beterminated, approved or the probation prolonged.- The contractor and the organization shall arso jointly review, at the end of each ye?rr all the contractor's staff engaged on the prograrnrne.rn addition, dt the end of each individuar contralt theContractor and the Organization shall jointly assess the staff concerned and make recommendations for the improvement of hisperformance. d) The Director sha1l have the right to request the replacementof any of the Contractor's personnel whose perfomance would adversery- affect the organization,s operations. Except asprovided in section 22.1 e), the contractor shall remove ind,/or reprace gny of his personner within fifteen days from the dateof the Director's written request, without deriying or varyingthe schedule of Operations. 2L e) The Contractor shall be responsible for the travel expenses related to the location and repatriation of his staff and theirfamilies and shall ensure that expatriate personnel brought intothe Programme area under the terms of paragraph 13.1 shall notbe engaged in any business within the Participating Countries other than that detailed in the Contract. f) The Contractor shall nake his own arrangements for the loca1 engagement of all labour, skilled or unskilled, as may be required for the completion of the Contract. A11 persons engagedby the Contractor shall be competent and gualified to perfomtheir respective duties. The Contractor shall maintain an adequate labour force at all tines and all local labour arrangements and conditions shall be in accordance with the laws, regulations and customs of the relevant Participating Countries. gt) Costs incurred in theContractor's personnel for Contractor. replacenent or transfer of the any reason shall be borne by the h) The Contractor shall at all tines enforce strict discipline and good order among his employees and take aII reasonableprecautions for the prevention of any unlawful, riotous ordisorderly conduct by or amongst his employees and for the preserxration of peace and protection of persons and property at and in the Programme area. iz.z Pirots a) The Contractor shall liaise with the Organization on thetraining of all new pilots on the operational procedures necessary to the Programne. The Contractor undertakes to ensurethat each pilot will be accompanied by either an experiencedpilot or designated Programme officer on any particular treatment circuit at least three times before permitting such pilot to flythat circuit alone. b) Vector control in the Programme is seasonal with aerial operations increasing significantly soon after the start of the rains (!Iay - June) when all rivers start to flow again after the lengthy dry season. The Contractor shall make all necessarypreparations for the onset of the rainy season, including theprovision of sufficient number of pilots, ready and in place from1 June each year, who are already experienced in Progranme operations to handle all the Aircraft required under the Contract. L2.3 tmplovee contracts The Contractor sha1l make contractual arrangements with hispilots and other key personnel (e.9. the release equipnent engineer) in order to assure the organization of continuity of serrrice during the annual critical peak operational period (June to Novenber) which is of paramount importance to the success of the Programme. Details of the relevant contracts shall be included with the bid submission. --a -22 L2.4 Crew rotation In order not to prejudice the efficient and effectivefunctioning of the operations, it is essentiar that theContractor shall have available at all tines a sufficient numberof experienced pilots, with a good knowredge of the area and theoperations, to replace those on reave. suitable rotation and overrapping of flight crews sharr be agreed with the Director. L2.5 Contractor,s home base The Contractor shall have an efficient management structureat his home base in order to guarantee the reguired support tothe fierd operations. An executive rever manager, resl&ent atthe contractor's headquarters, shall be appointed as furl-timeproject coordinatgr. A management consort-i-um is not acceptableto the organization. The project coordinator sha1l have thecapability to maintain daily liaison with the field managementby radio and/or telex. His curriculum vitae will be sufiitteato the organization for approval. He sharr make a visit, atleast once a year, to both operational bases. L2.6 Project and base managers a) The Contractor shall appoint a fulI-time proiect manacrer whowill be resident at the operationar base @ated'Ivoire. The Project manager shall be the main operational linkbetween the contractor and the organization in the day-to-day execution of the aerial Contract. b) A project manager, acceptabre to the organization, shallhave proven exlrerience in nanaging large-scale Lviation piojects and have sound.]91$ership qualities and a recogrnizea afilify to assume responsibility for a complex and extensive undertafin-g indeveloping countries. He should be mature, have a goodpresentation and an authoritative disposition that will comiand respect from his staff and associates. Diplomacy and tact wiltbe reguired at all tines in dealing with-diffeient governmentpersonnel and people of various nationalities. Flueniy in bothEnglish and French would be desirable. c) The contractor shall deregate to the project manager theauthority necessary for hin to take decisiont and to act onoperational matters without reference to the contractorrsHeadquartels. He shall be responsible for pilot training andstaff discipline in the fierd, and for engendering a team sftrit amongst his staff and with the Programme personnel to ensure thecontinued success of the Operations. d) The contractor shall ensure that the project managermaintains regular liaison with the Director, t6rms a crose working relationPhip wi!,h him, ina-outains his lppr"".r prioi [o naking any decisions which nay affect the operati6ns. He and theDirector shal1 meet as and when necessa{ to discuss mattersrelating to the contractorrs performancL of the contract.Minutes of tlr."p" neet,ings sharl be subnitted by the project manager in writing to the Director and to the headguarterJ of ttreContractor. He shall also make visits at least once per quarter -23 to the operational base in Kara, Togo, for purposes of liaison with Programme staff. e) The Contractor shall also appoint a full-time base manaqer to the operational base at Kara, Togo, who will report directly to the project manager. Given the distance between the two bases of Odienn6 and Kara (940 krns), the base manager will have similar responsibilities at the secondary base as the project manager at the nain base, and will act as project manager when the latteris absent from the area. His curriculum vitae should listqualifications similar to those of the project manager. f) Since it is intended that both the project and base managers will perfom their functions on a full-tine basis, only in exceptional cases may they be required to perfotm other duties, such as piloting aircraft in operations under the Contract. Except as provided in L2.LL c), they may not be counted as pilotsfor purposes of determining the number of available pilots to manAircraft required under the Contract. g) The project and base managers shall liaise daily with thedesignated 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 treatmentpilot approved by the Organization. The Contractor shall authorize these chief pilots to organize crews to perfonn the missions planned by the Organization from their respective bases and be responsible for the practical training of new pilots inlanriciding circuits and techniques referred to inparagraph L2.2 a). L2.7 Pilot qualifications Each pilot shall have, at a minimum, the followingqualifications: a) Commercial Pilot's Licence (helicopters). b) Tuo thousand hours as helicopter pilot in command with 50 hours on the type of helicopter offered. c) Training and experience in agricultural or sinilar flying operations, including in remote areas. d) Fluency in English or French with a working knowledge of the other language. I(nowledge of the French langruage is not only necessary for day-to-day liaison with organization staff andlocal officials, but also contributes significantly to self- reliance while out of base. The Contractor shall arrange forbasic French language courses as reguired, dt the earliestpossible stage after the arrival of any non-French-speaking pilot at the duty station. -24 L2.8 Enqineers cnralifications Each engineer shall have, at a minimum, the forlowingqualifications: a) Aircraft Engineer's Licence (both engines and airframes),tlpe-rated for aircraft offered. b) Three years, o<lrerience since qualification. c) A working knowredge of Engrish or French, and desirablyboth. L2.9 Valid documents a) The Contractor shall be responsible for the validity of thelicences and ratings of arr pilots and engineers emproyld. b) At all times during the tem of the Contract, the Contractorsharr ensure that arr the necessary documents rerating to operation of his aircraft and crews, including but not riri'iteato crew licences, passports and visas, are vatla in each of theParticipating Countries. 12.10 Health (a) Each member of the Contractor's staff shall have a medical examination prior to leaving his home country and shalr be inpossession of valid certificates of vaccination necessary in theParticipating Countries. b) The Contractor shall be responsible for any costs, includinghealth and medical, related to his personnel. 12.11 Dutv cycles (a) The Contractor shall have sufficient pilots in the prograrnme area to secure the operations and.ensure the forlowing dutyperiods: In -any 24-hour= period the pilot will normally berestricted to eight hours or ftigtrt tine, folrowea uya twerve hour period when the pilot will be rerieved of all duties. ,rn any z-da-y period the pirot wirr not normarry exceed 34hours of flight trrne, followed by a 48-hour periba when thepilot wiII be relieved of all duties. rn any period of 30 consecutive days the pilot will notnomally exceed 120 hours of flight time. In an annual clrcle the pilot will not normally exceed 12OOhours fright tine with a minimum of six weekJ reave. U rn order to optinize the effectiveness of the progranme, itis desirabre to naintain continuity of staff and, ther6fore, theContractor shall use his best efforts to retain the same pilots -25 to operate the Aircraft provided 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 faniliar with the Progranme operations resident at each base and pennanently available to ensure the continual operation of the total number of Aircraft. c) In the event that the number of available pilots is less than the number of Aircraft reguired under the Contract, the number of aircraft considered to be available shall be correspondingly reduced for the purposes of the application of paragraphs 19.4 a) and b). Holtever, if the Contractor othemise has a sufficient number of pilots stationed in the Progranme areabut, 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 base managers as pilots for up to nine (9) days in order to avoid a reduction of guaranteed hours or thL'palment of liquidated danages, provided however,that on the e:<piration of such nine day period, paragraph L9.4 (d) shall take effect without reference to the 48 hourperiod referred to therein. d) The Contractor shall ensure that he has sufficient engineersin the Programne area to staff the operational bases. L2.L2 ltlissions and Flight Reports a) The Organization 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 theDirector. Any changes made without the prior approval of theDirector will not be compensated by the Organization. c) Flying missions may require several days away from either of the aerial bases. During these missions, stop-overs will often be necessary overnight in renote places with the bare minimun of available facilities. d) In order to maxinize the effectiveness of the Operations, the Contractor shall retain pilots on the same circuit for a minimun of three weeks of treatment. e) The pilot shall be responsible for overseeing the proper loading and refuelling of his aircraft before conmencing any nission and at intermediate refuelling points. f) Each pilot shall have ultimate responsibility for the safe operation of his aircraft with regard to flight conditions, ainrorthiness of the aircraft and loading. -26- g)_ 1_ 91irv flight report shart be prepared by each pirot forall flights undertaken whether maintenance, non-revenue or revenue, copies of which shall be provided to the Director. h). on the conpletion of a mission each pilot shall attend a de-briefing with Programme staff, during-which fright reports,treatment data, etc, will be discussed. i) Snoking inside the aircraft is not pemitted when there is an obserrer on board. 13. PRIVTI,EGES Al{D II{MT'NITIES 13.1 Customs duties The Contractor and his personnel shall be entitled to suchprivireges and inmunities as are granted in Appendix 1 of theMemorandun of Agreement on the onchocerciasis Control programme,in force as of 1 January L992, according to which the Governneniof the Participating Countries have agreed to waive or defray any customs duties on the equipment and materials inported foi tnepul?oses of the _Programme. This waiver also applies to personaleffects for oTly the first six months after the ehtry ofpersonnel or his f3nily to the progranme area. such perionaleffects shall_be_shipped separately from aircraft spare plrts andshall be so1ely for the use of such personnel and their Lrnmediatefanilies. L3.2 Contract termination Articres inported by the contractor on a duty-free basis which have not been destroyed, consumed, used or inciorporated inthe operations may be re-exported freery by the contractor whoimported them or, othemise, by the contiac€or who acquired them "i!! the e:<press authorization of the organization, pr6vided that:-aid re-exportation shall be effected wilhin six nonlhs followingthe temination of the Contract. If not re-exported within sii months, lhe contractor or the buyer of said arlicres, sharr paythe reguired duties. 14. I.IATERfALS, EOUIPI,IENT A}{D UTILITIES 14. 1 Contractorrs responsibility Unless othemise provided for in this Invitation to Bid, theContractor shall furnish all equipment and materials, excludinglanricides and fuel, required for perfomance of the operationslAll .such equipnent and materiars shall comply -with therequirements of the Contract. L4.2 Advance list rn order to be entitled to the exemption referred to inparagraph 13.1, the contractor shall present to the Director in advance, a detaired list of alr articres he intends to inport under this exemption. He sharl indicate the prace of origiir ofthese articres, nethod of transport and price-. rf this list is -27 approved by the Director, he shall take the necessary steps to obtain the exemption from the appropriate authorities. If theContractor's request is not approved, in part or in whole, theDirector shall- communicate this infomation in writing to theContractor, in order that the list may be amended as appropriate. 14.3 Restrictions on use Articles inported by the Contractor on a duty-free basis asper paragraph 13.1 may not be used, even provisionally, for any purpose other than that required by the Programme. Consequently,the Contractor shall not se1l, Ioan or othemise assign the ownership, possession or use of these articles within the Participating Countries for any reason, including termination or rescission of the Contract, unless he has first complied with aII entry permits, taxes, and duties which, but for this Contract, would have been reguired. L4.4 Local facilities with the exception of those facilities specified in paragraph 10.1 a), the Contractor shall make provision for the supply and palment of all local facilities including water, power, lighting, telegraph, telex and telephone senrices requiredfor the proper performance of all work under the Contract. 14.5 Damaoe The Organization shall not be responsible for loss of or damage to aircraft, equipment and materials for which theContractor shall acquire insurance as he considers necessary. :n." Kara weII and ptrmp At the operational base at Kara, Togo, where no domestic serrrices are available, the Organization has installed a well andpunp for water and a 25 K\rA generator for electricity. TheContractor shall operate these facilities and perfom all maintenance and repair work on them at his own expense. In the event of a breakdown, it shall be the Contractor's responsibilityto provide an interim alternative source of water and/or electricity at his own expense and to effect repairs/replacement of the organization installed facilities. Upon termination of the Contract, said facilities shall be returned to the organization in the same condition as at the commencement of thisContract, reasonable wear and tear excepted. 15. PROTECTION OF PERSONS Al{D PROPERTY 15.1 Safety The Contractor shall be responsible for initiating, naintaining and superrrising aII safety precautions and safety programmes in connection with the Operations. He shall establish and maintain all reasonable safeguards to prevent damage, injury or loss to aII of his employees and all other persons having contact with the Operationsr ds weII as aII property, equipment -28 and materiars under the care, custody or controL of thecontractor. The contractor shalr designate a responsible employee in the Programne area whose duLy is prevention of accidents. L5.2 Compliance with laws The contractor sharr compry with all appricabre laws, ordinances, ruresr- regurations and orders of any ierevant pubric authority having jurisdiction in the programme area. 15.3 Hazardous materials The Contractor shall exercise the utmost care in the use or storage of flarnrnable or other hazardous naterials or eguipment. L5.4 Responsibilitv for loss Except for damage or loss solery and directly caused by theacts or omissions of the organization, alr damage to or rols ofaly property, including lanricide, relating to or arising fromthe contractor's performance hereunder, sharr be remedied or reimbursed, as the case may be, by the contractor. TheContractor shall reinburse the organization for the cost of aIIlanricide lost as a result of accidents to the Aircraft, as wellas accidents to, or in the use of, or defects in, the sprayeguipment. The Contractor sha1l also reimburse ifre cost oilanricide dispersed in excess of the 5 t accuracy margin specified in paragraphs 5.4 n) , except in the case of iaryiciaeso dispersed. before 1 Aprir 1993 1n the case of any spray equipment having been provisionally approved by the organizatioi as provided in paragraph 6.1 b). 15.5 Contractorrs indemnity Contractor agrees to indennify the Organization and to holdit hatmless fron alr losses, costi and expenses, conseqluentry,directry or indirectly incurred (including regal fe6s) air&arising from, as a result of or in connecti-on witrr any act or omission occurring on or about the basesr or from ant act or omission in his conduct of the operations or other act or omission in his performance of this Contract. 16. INST'RANCE 16.1 Recmired insurance At all times during the term of the Contract, the Contractorshall acquire and maintain in fulr force and effect, at his own expense, the insurances listed below, evidenced by 6ertificatesof Insurance subnitted to the Organization prior to the arrivalof the Aircraft in the programme area. 29 a) Comprehensive Third Party Liability Insurance on an occurrence basis, with single-linit coveralre for personal andbodily injury and property damage of at least USS 2,00O,000 (two rnillion United States Dollars) per occurrence, in which the organization is a named assured and the personnel of the organization, whether or not as passengers, are treated as thirdparties. b) Personal Accidents Insurance for the Operations staff(pilots, engineers) of the Contractor according to the customary scaIe. c) Insurance to cover aII Aircraft passengers, includingpersonnel of the Organization, as required by the Warsaw Convention and as modified by the Hague Convention. d) Insurance against loss of, or danage to, equipnent andproperty (including lanricide) belonging to the Organization and/or its personnel whilst carried on the Aircraft for a minimum of US$ 30r000 (thirty thousand United States Dollars) per occurrence. e) Chemical Third Party Liability Insurance for a minimum of US$ 3OO OOO (three hundred thousand United States Dollars). (f) AIl risks property coverage insurance for aII property inContractor's custody or control pursuant to this Contract, toprotect Contractor and the Organization against loss due to fire, other perils, vandalisn, malicious mischief and theft, on a replacement cost basis. L6.2 General , A11 insurance required herein shall be obtained from a reputable company or companies satisfactory to the Organization and the policies shall be subject to the approval of theOrganization. The amounts of insurance coverage provided herein may be increased by the Organization from time to time, in its reasonable discretion, upon notice to the Contractor. TheContractor shall cause any such required increase to be placedin effect not later than 3O days following Contractor's receipt of notice of such increase. Reasonable increases in premiums, caused by such required increase in insurance, shall be at the expense of the organization. L7. SUBITIITTAT,S AND REPORTS 17.1 Language AIl subnittals and correspondence shall be in either the English or French language. L7.2 Schedule and plan Within thirty days from the signing of the Contract, theContractor shall submit to the Director for his approval adelivery schedule and plan showing the order of procedure and 30 method by which he proposes to position the Aircraft and equipment in the Programme area and to perfom the Operations andshaIl, whenever required, furnish additional particulars inwriting of his arrangements for the performance of theoperations. The submission to and approval by the Director of such pran, schedure or particulars sharr not rerieve theContractor of any of his duties or responsibilities under theContract. ]-7.3 Revised schedules . Any revised progress and delivery schedules requested by theDirector shall be submitted for approvar within fourteen days.Such revised schedules will be substituted for previous schedulesafter approval. L7.4 Project managerrs monthly report Five copies of the project Managerrs monthly report, in accordance with an approved fonmat, shalr be suunittea to theDirector not later than the eighth day of the forrowing month.This nonthly report shall have individual sections written by each base manager and by the rerease equipment engineer. Thecontractor sharr provide at the Directorrs reguest any other reports which the Director may require. L7.5 Field visit and contract review meetings The Contractor's senior management shall make field visitsto the Programme area at least twice yearly at the Contractorrsexpenses. Contract Review meetings between the Contractor andthe organization shall arso be herd at reast twice yearly at nutualry-agreed venues, the minutes of which wirr be approvea uythe parties concerned. 18. BONDS 18.1 Form All bonds, the cost of which will be borne by thecontractor, shall be in the form of a certified bank cheque ora policy o-r bond from an approved insurance companyl arl negotiabre in freely convertibre currency in switzerllnd-. 18.2 Bid Bond a) The Bidder sharr furnish a Bid Bond in an amount equar toat least ten per cent (1ot) of the total Base price. the BasePrice shall equal the contractorrs cost per fright hour for eachCore Helicopter tines the number of houri guaranteed for each inparagraphs 4.2. Such Bid gond will be returned to aII qualifiedBidders not later than forty-five (45) calendar days ifter the organization and the successful Bidder have signed tlre Contract,or all Bids are rejected. 31 - 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 organization sha1l result in the forfeiture and liguidation of the Bid Bond. 18.3 Performance Bond and Pawment Bond a) A Performance Bond and a Palment Bond are required by the organization. b) A Performance Bond amounting to 25* of the Base Price mustbe provided by the Contractor to the organization prior to signature of the Contract gruaranteeing the faithful perfotmance of the Operations in accordance with the technical specifications and general conditions of the Contract. This Perfotmance Bond sha1l guarantee the fulfilnent of each and every one of theContractor's obligations and shall also guarantee that the Contractor will repair for his account or for the account of hisgruarantor, 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 conpletion of the operations pursuant to the Contract, whether or not the organization has terminated the Contractor's performance hereunder. c) A Palment Bond amounting to 20* of the Base Price shall beprovided by the Contractor to the Organization guaranteeingpalment to all third parties furnishing material, labour,facilities and serrrices to the Contractor together with any other expenses incurred by the Contractor in connection with the Operations and performance of this Contract. Upon acceptance ofboth the Palment and Performance Bonds, the Organization will retur:r the Bid Bond to the Contractor. The Palment Bond shalI remain in force for a period of six (6) months after the conpletion of the Operations. d) Failure to present the Palment and Performance Bond priorto the time established by the organization for signing theContract shall result in forfeiture of the Bid Bond. e) The Performance Bond and Palment Bond raY, on agreement withthe organization, be provided as a single Bond conbining the conditions of both Bonds, for a value of 45* of the Base Price. That proportion of the value of the conbined Bonds eguivalent to the value of the Palment Bond sha1l remain in force for a period of six months after the conpletion of operations to meet the obligations of the Palment Bond referred to in paragraph 18.3 c). f) If at any time the Paynent 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 other:uise, the Contractor shall pronptly furnish such additional Bond security as may be required to protect the organization and persons supplying labour, materials, facilities or serrrices in the conduct of the operations. 32 19. FTNN{CIAL ARRJANGEMENTS 19. 1 Parments a) Atl palments shall be made by the organization to the contractor in currencies, upon terms and by methods of palmrent agreed to at the tine of execution of the contract. rn cases where currency exchange rates are involved, the United Nations operations Rates of Exchange in effect on the date of palment will be applied. b) The palment period with respect to each Aircraft shalr conmence on the date on which eactr such Aircraft is made operationar and placed at the disposar of the organization onsite as required in Section 3. c) The number of flight hours shall be calculated on a fleetbasis for core and supplementary Helicopters respectively.Palments sharr be made monthry as provided in section 19.1 fr, on the basis of hours guaranteed by the organization in respetiof the Aircraft provided under the contract for that nonth.- d) Helicopter flight tine for each mission shall be as recordedby tachometer. (Section 4.1). e) During the first seven (71 days of each carendar month, theContractor, i.n consultation with the Director, shall compute fromthe daily fright reports the nunber of hours actually frown by each Aircraft and pilot during the previous month. hhese datlsharl fom the substance of the contractorrs Monthry Report and,if-accepted by the organization, the basis for monthly palments and for settling supplementary flight hours f) subject to paragraph 19.3 c), the organization sharl pay tothe Contractor by the tenth day of the month for the guarinteedflight hours for the preceding month. g) Each guarter the organization shall carcurate for theinnediately preceding quarter (i) the flight hour shortfall resurting from reductions in guaranteed hours pursuant toparagraphs 19.4 a) and b) and (ii) flight hours actuarry frownto date in excess of those gruaranteed to date. Conpensati-on wiIIbe adjusted guarterry, upwirds or downwards, for iucn shortfarl and excess hours, as werr as any liquidated damages incurred, and reflected in the palment for the month following the relevantquarter. t9.2 Positioning and depositioning charges The Contractor shall be responsible for the charges involvedin positioning and depositioning of al1 Aircraft under thisContract. 19. 3 Mobilization nalment a) A one time mobirization palment shalr be made upon the request of the Contractor as a recoverable advance on palments 33 due hereunder, not to exceed 10 t of the Base Price, to be used sole1y for actual start-up expenditures by the Contractor in connection with any or all of the following: (i) Purchase of equipnent for the performance of the Operations; (ii) The cost of transportation to the Progranme area of aircraft and equipment, including spare parts, reguired for the performance ofthe Operations when delivered to the Programme areai (iii) Travel of personnel to be employed in the Programme area from point of hire to theplace of enplolment. b) The mobilization palment shall be made after approval by theOrganization of the details of the anticipated costs and submission by the Contractor of such documentary evidence as the organization may require. c) The total nobilization palment shall be recovered by equal nonthly deductions from the palments referred to in paragraph 19.1 f) for up to twelve months of Operations. If the Contract shall teminate prior to the repalment of the mobilizationpalment, in addition to any other rights and remedies available to the Organization, it shall be innediately entitled to thebalance of the nobilization palment with, in the event of termination by the Organization for cause, interest from the date of palment. 19.4 Licmidated Damages a) Operations shall conmence on 1 January L993 as indicated in Section 3. Supplenentary Helicopters nust be in position on the dates specified in the course of the Contract. In the event that the actual starting date for any Contract Aircraft is later thanthe required starting date, damage to the Programme will be substantial but difficult to calculate. Conseguently, the Contractor agrees to pay as liquidated damag€sr the sum of US$ 2 000 (two thousand United States DoIIars) for each day of delayfor each Contract Aircraft so delayed, except when such delays are due to Force Majeure, and the nunber 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 be repaired irnqediately or be replaced innediately 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 nointerruption 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 ContractAircraft continues being non-operational (e.9. breakdown, equipnent not functioning or nissing), the number of guaranteed 34 flight hours wilr be reduced on a pro-rata basis for each day ofdelay after the initial 48 hours. After an additional five day non-operational period (i.e. 7 days from date of aircraft going out of senrice) liquidated damages of US$ 2 OOO (two thousandUnited States Dollars) per non-operational Aircraft per day shall also be due to the Organization frorn the Contractor. 19.5 Other damages a) rn the event treatment missions are not carried out as authorized andr/or to the satisfaction of the Director due to negligence, marfunction of eguipment, breakdown or othervise,they will be deemed as non-revenue. The need for repetition oftreatnent missions may jeopardize the overarr success of the operations and in the event of recurring unacceptable performancethe organization may make such arrangements as it iees fit to ensure the satisfactory execution of the treatment missions,incruding, in the organization's sore discretion, forfeiture andliquidation of the Perfomance Bond, without prejudice to any other remedy availabre to the organization in the event oidefault. b) Quantities of lanricide lost as a result of malfunctioning of equipnent or of error by the contractorrs staff wilr b; charged to the Contractor. 20. SUBCONTRAETING 20.L Permitted subcontracting with the approval of the organization, the contractor may retain the serrrices of not more than one subcontractor to assisE,hin in fulfilling his responsibilities under the Contract. A11subcontractual agreements between the contractor and his subcontractor shall be subnitted to the Organization for priorapproval. Copies of aII subcontractual agreements with the subcontractor shall be filed with the Organization when signingthe Contract, or at the tine such subcontractual agreementi are concruded between the contractor and such subcontractor. 20.2 Contractorrs responsibilitv Nothing contained in such subcontractual agreements shall relieve the contractor of any of his obligations to the organization. Any obligation of the Contractor-provided for inthe contract shalr appry eguarry to the subcontractor and theContractor shall save the organization hamless from any consequences of acts or onissions on the part of any such subcontractor. 2L. VARIATIONS 2L.L Change in orders Without in any way vitiating or invalidating the Contract,the Director may order any changes in the matters within thegeneral scope of the Contract which in his opinion are necessary. 35 For that purpose, the Organization nay order the Contractor to do any of the following: a) Increase or decrease the quantity of any work included in the Contract; b) Onit any such worki c) Change the character or quality or kind of any such work. 2L.2 Change order proviso The terms and tine 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 required as a result of such changes shall be the same as that charged for such aircraft in the original Contract. 2L.3 Writincr recnrired A11 such changes shall be made in writing by Change Order and shall be executed under the applicable conditions of the Contract. 22. OBLTGATIONS OF CONTRACTOR 22.L General a) The Contract is specifically for the Programme and special conditions have been allowed by the Participating Governments in order to carry out the Operations as referred to in Section 13. Consequently the Contractor is not allowed to utilize materials, equipment or personnel or to undertake or negotiate any other revenue flying with the aircraft assigned to the Contract. b) The Contractor shall give all notices and conply with aIIlaws, ordinances, rtrles, regrulations, and orders of any public authority bearing on the performance of the Operations. If theContractor does not conply with these requirenents he shall assume full responsibility therefor and shall bear all costs attributable thereto. c) The Contractor shall not assign, sublet, seII, transfer, or othenrise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligation thereunder, without the prior written consent of the Organization. d) No action shall be taken by the Contractor which mayinterfere with, weaken or diminish the ability of theOrganization to act as the Executing Agency for the Programme orthat may interfere in any way with the successful execution of the Programme. No direct contact shall be made by the Contractor -35- $tith governmental authorities of the Participating Countries on matters related to the Operations without the fuIl knowledge and consent of the Director. e) The Contractor shall provide all necessary supetrrisionduring the execution of the Contract. Appioval- of the contractor's project or base manager may be withdrawn by theDirector at any time, and in such case the contractor sha1lr ds soon as practicable and in no case later than thirty (30) daysof receiving written notification of withdrawal, remove hiln frornthe operations and shall reprace him by another manager acceptabre to and approved by the organization. A removed contractor's representative sharr not be enproyed again on theOperations in any capacity. f) The Contractor shall provide equipnent and materials andshall execute the Operations in strict accordance with the requirements of the Contract to the satisfaction of the Director and sharl conpry with and adhere strictly to the Directorrsinstnrctions and directions on any natter concerning the operations; the Contractor shall take instnrctions and directionsfrom the Director only. g) The Contractor shall maintain adequate books and records concerning operations in connection with- the performance of theContract and shall nake then available for inspection to the organization on request, for up to two years after the expiration of the Contract. h) A11 infomation gathered under the contract by theContractor and all reports and reconmendations hereunder shallbe treated by the contractor as confidentiar and sharl not, without the prior written approvar of the organization, be madeavailabre to any person, party or governnent other than theorganization, except as othemise expressry provided in theContract. i) The contractor shall be responsible for the prompt palment of aII persons who perform labour or furnish serltrices, materials, equipment, supplies or other items (incruding, but not rinitedto, itens consumed, such as power, water and fuel) used or to be used in the perfomance of the work called for by the Contract, and the Contractor shall defend, protect and hold harmless the organization fron and against all liens, claims, suits and actions for such labour, serrrices, materials, equipment or otheritems. The contraclor agrees that if he ra-irJ to pay such creditors, each unpaid person, naturar or juridicar, shafl havejustifiable reason for action against the -Contractor. j ) Un1ess othemise specified in the Contract the Contractorshall obtain and pay for all pemits, fees, royalties, andlicences necessary for the proper execution and completion of theOperations. k) Failure to enforce any of the provisions of this Contractby tle organization shall irot constitute a waiver of rights or a waiver of any strbsequent enforcement of this Contract-by theOrganization. 37 22.2 Existing conditions The Contractor shall pronptly notify the Director in writing of conditions in the Programme area of an unusual naturediffering materially from those ordinarily encountered andgenerally recognized as inherent in operations of the characterprovided for in the Contract and differing naterially fron thosein effect at the time of submission of his Bid. The Director shall investigate the conditions, and if he finds that such conditions do so naterially differ, and cause an increase ordecrease in the Contractor's cost of, or time required for,performance of the Contract or part thereof, an eguitable adjustment shall be made, and the Contract nodified in writing accordingly. Any clain of the Contractor for adjustment hereunder shall not be allowed, unless he has given due written notice as required above. 22.3 Aerial operations The Contractor alone shall be responsible for the operation, maintenance, safety, efficiency and adequacy of his aircraft, equipment and methods, and for any damages which result fromtheir failure or their improper construction, maintenance or operation. ff at any time the Contractorrs aircraft, equipnent, methods or staff appear to the Director to be inefficient or inadequate for securing the quality of hrork required, ot the rate of progress required in order to complete each part of the operations 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 innediately conply with such orders at no additional e:q)ense to the Organization.Neither the making of such denands nor the failure of theDirector to make such demands shall relieve the Contractor of his obligation to secure the safe conduct of the Operations, thequality of the work required, and the rate of progress requiredin order to complete the Operations. 22.4 Working areas a) A11 operations of the Contractor, including storage of materials, shall be limited to areas authorized or approved bythe Organization. The Contractor shall be liable for any and all damage caused by hin to the Organizationrs premises. TheContractor shall indennify and hold the organization har:nlessfrom 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 theDirector and the Government concerned, and shall be built withlabour and materials furnished by the Contractor without expenseto the Organization. Such temporary buildings shall'remain theproperty of the Contractor and shall be removed by hin at his exPense upon the completion of the Contract, unless othemise specified. 38 c) The Contractor shall at all times during the progress of the operations keep his working areas, including storage areas usedby him, free fron accumulation of waste matter, used oils and rubbish. Cleaning of these areas shall be perforrred regularly and removal of waste matter, used oils, empty drums or rubbish shall be performed at reast once a week, and in such a manner asto protect the environment. d) The Director shall have reasonable access to the operating areas, the eguipment and to all workshops and places where workis being perfomed, as weII as to aircraft logbooks or other documents related to the operations, and the contractor shall afford eveL-y facility for, and every assistance in, obtaining such access. 23. LIABILITY WTTH RESPECT TO CI,AITIIS 23.L Contractor's indemnity The Contractor shall indennify and hold the organization harmress from and against any and all responsibilities, claims, demands and losses, incruding the costs, fees and expenses in connection therewith or incident thereto for (a) any injury tohis enployees and third parties, and (b) any loss of, danlge to, or destnrction or any property of his employees and thirdparties, arising out of, or in any way cohnected rrith, theperfomance of the work and sernices of the Contractor under the contract, except to the extent directly and sorery caused by actions of the Organization. 23.2 Third oartv claims The organization may, where in its opinion the successfurperformance of the operations or the reputation of the organization night be prejudiced, have recourse to the palmentBond to honour the third party crains brought against theContractor if these claims are connected with materials or serrrices provided under the Contract and if, after consultation with the contractor, the organization is satisfied that such crains have been or may become the subject of a judgement,injunction or siuilar court order. 23.3 Third partv coverage For the pur?oses of this section the term rrthird partyrl shall be deemed to include, inter alia, officials, employees, experts and other representatives of the United Nations and specialized Agencies and of Governments participating in or associated with the performance of the operations as well as anyperson or entity perfoming serrrices for or supplying goods tothe contractor. For the purposes of insurance coverage, suchpersons shall continue to be considered as third parties notwithstanding that they may travel as passengers in any of theContractor's aircraft. 39 24. EORCE ITIA.TEITRE 24.L General To the extent that the Contractor is delayed in or preventedfron fulfilling his obligations under the Contract by reason of circumstances beyond his control, incruding strikes, civil commotion, Act of God, war or hostilities, acts of governments, embargoes or other inport or export restrictions or any other circumstances beyond his control, then the contractoi shalrimmediately so notify the Director and he shall be relieved ofhis obligations under this Contract for so long as such circumstances shall prevail. 24.2 Contract teraination Notwithstanding the foregoing, if the contractor is delayed or prevented from furfilling his obrigations for a period of G0daysr is a result of force najeure as described in paragraph24.L, the organization shall have the right inmediately toteminate the Contract upon the giving of a notice to that effectto the Contractor. 25. TERITTINATION OF THE CON.rRACT 25.L Contractorrs right The Contractor shall be entitled to terminate the Contract only uPon 30 days prior written notice of default in the eventthe Organization fails to pay the Contractor any amount due underthe terms of the contract within sixty (60) days after varid subnission of request for palment. The organizltion shalI be deemed to have made palment on the date it instructs its bankersto effect a palment transfer. upon expiration of the noticeperiod, the contractor shall, with arl reasonable dispatch, remove alr his personner and equipment frou the area. in the event of such tetmination, the organization shall be under the same obrigations to the provision of paragraph 2s.3. Nothing contained in this clause shall prejudice the right of th; contractor to exercise, either in lieu of or in addition to, any other rights or renedies to which the Contractor may be entitled under the Contract. 25.2 Orcranization,s riqht a) subject to the provisions of section 24, the organization shall have the right to terminate the contract, Ert any timehereunder, in the event of non-compriance on the part of the contractor with his obligations under the contract, by giving seven (71 days' notice in writing to this effect to thacontractor. During this period, the contractor shall notinitiate any new activity under the Contract unless reguested bythe Director and shall complete actions already cornmenced aldirected by the Organization. -40 b) In the event of temination due to Contractor,s default, the organization shall attempt to nitigate its danages by initiating or conpleting the operations as herein specified either by contracting the whole work or the faulty or remaining partthereof. Any losses suffered and any additional expensesincurred by the organization in so doing shall be charged againstthe Performance Bond or against the Contractor, or both. 25.3 Notice of termination Even in the absence of default by the Contractor, theperformance of Operations under the Contract may be terminatedby the Organization in whole or in part, at any time. Suchtemination sharr be effected by a written rtNotice ofTerminationrr, delivered to the Contractor which will specify thedate of termination of the Contract. Upon receipt of the rtttotice of Terminationrr, and except as othemise directed by theOrganization, the Contractor shall: a) Stop operations under the Contract on the date specified inthe rrNotice of Terminationrt i b) Complete any such operations under the Contract which shall not have been terminated by the rrNotice of Terminationtr i c) Place no further orders or subcontracts for materials, serrrices or facilities, except for such operations as have noi, been teminated; d) Tetminate all orders and subcontracts to the extent thatthey relate to the Operations teminated by the rNotice of Terminationrr i e) Assign to the Organization in the manner, at the time, andto the extent directed by the organization, arr the rights, title and interest of the Contractor under the orders and subcontracts so terminated and the organization sharr have the right, at itsdiscretion, to settle or pay all claims arising from theter^mination of such orders and subcontracts; f) Settle all outstanding claims or liabilities resulting fromthe temination of orders and subcontracts, with the approval ofthe organization and to the extent the organization may require; g) Take such action as nay be necessary, or as the Director maydirect, for the protection and presen ation of the property related to the contract which is in the possession of the contractor and in which the organization has or may acquire aninterest. 25.4 Temination claim After the receipt of the rrNotice of Teminationrt, referredto in paragraph 25.3, the Contractor shall subnit to the organization his termination claim, in the form and with the certification required by the Organization (trTemination Claimrr) .The Termination C1ain shall be subnitted pronptly, but in no event later than six months after the effective date of -41 - termination, unless such period is extended by the Organization upon written reguest by the Contractor. A Termination Claim shall be composed of: a) An amount equal to the monies originally gruaranteed by theOrganization pro-rated up to the date of termination less the amount of palments already made, and less any mobilizationpalment still outstanding, if any, plus, b) An amount equal to the relevant cost per flight hour timesthe number of actual flight hours flown in excess of guaranteed hours pro-rated up to the date of temination, plus c) Any additional charges approved by the Organization. In the event the Contractor and the Organization fail to agree upon the amount to be paid to the Contractor by reason oftemination, the amount, if dDyr due shall be determined in accordance with the conciliation or arbitration rules to be agreed upon between the parties at the time of signing theContract. 26. BIDS 26.L Lancruacre The Invitation to Bid is in English only. However, theBidder's proposars sharr be subnitted in either the English or French language and all correspondence between the Contractor and organization shall be in either the English or French langruage. 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 subnitting a Bid for performance of theOperations, the Contractor acknowledges that he accepts the circumstances of the bidding, has visited the programme area, attended the complete briefing sessions organized by theDirector, and satisfied hinself as to the nature and location ofthe Operations, the general and local conditions, including but not restricted to those bearing upon transportation, disposar,handling and storage of materials, availability of labour, water, electric power, roads and uncertainties of weather, physical conditions in the Progranme area, the conditions of the airports and airstrips, the character of equipnent and facilities neededprelininary to and during conduct of the Operations. TheContractor further acknowledges that he has satisfied himself asto the character, quality and guantity of obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the Progranme arear ds well as from information presented by this Invitation to Bid and other documents which wirl be made a part of the contract. Any failureby the contractor to acquaint hinself with the avairabreinfotmation shall not relieve hin from responsibility for estimating properly the difficulty or cost of succesifullyperfoming the Operations. The Organization assumes no -42 responsibility for any conclusions or interpretations made by theContractor on the basis of the inforrration made available by theOrganization. The Organization also assumes no responsibilityfor any understanding or representation made by its officers or agents during or prior to the execution of the Contract, unless such understanding or representation is expressly stated in theContract and the Contract expressly provides that the responsibility therefor is assumed by the Organization. b) In order to be considered, each proposal must be accompaniedby a bid Bond in accordance with paragraph L8.2, ds assurance that the Bid has been made in good faith. The Bid submission shall a1so, as a prerequisite for consideration, include scaleplans giving precise details of the application eguipment suitable for the tlpes of helicopters offeredi together withdetailed specifications of the functional components (mechanical, electrical and electronic) proposed to be used, and a time-tablefor their development. c) Bids shall be dispatched in two envelopes, one inside the other. The exterior plain envelope shall be addressed to: Chief, Liaison Office Onchocerciasis Control Proqramme World Health Organization Avenue Appia l2l1 Geneva 27 Switzerland and labelled: rrBid for aerial operations. Onchocerciasis Control Programmerl The inside plain envelope must be sealed and labelled as follows: rrBid for aerial operations. Onchocerciasis Control Progranne. SUBUISSfONTO BE OPENED ONLY BY THE CONTRACT REVIEW COUI{ITTEEII. d) Offers shall be acconpanied by a Bid conforming to the model annexed to this doctrment in which the Bidders will undertake to carry out the Operations for the sum they propose and accordingto the terms and conditions set out in this Invitation to Bid.Prices shall be quoted either in national currencies or in USDollars. 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 8) completed;Bidder's qualifications form (Sheets 9 to 19) courpleted. f) The deadline for the receipt of Bids at I{HO Headguarters, Geneva, is L2 noon on 22 lray 1992. -43 26.3 Opening and Consideration a) AIl Bids received by L2 noon onpublicly by the Organization at $lHOp.m. on 22 ltay 1992. 22 NIay L992 shall be opened Headquarters, Geneva, dt 2 b) For the purposes of comparing Bids, conversions of pricesinto United States Dollars shall be made in accordance with theUnited Nations Operation Rates of Exchange ruling in effect on the date of the Bid opening. c) The prices quoted shall be fim for a period of L2O daysfrom the date of opening the Bids. d) This fnvitation shall not be construed as an offer to make a Contract with the Bidder whose Bid is the lowest or with anyBidder at all. If and when a firm is selected by theOrganization, a Contract shall be concluded between theOrganization and the successful Bidder. Such Contract shall bethe sole legal instrument governing the execution of the operations described in this Invitation. No oral stipulation shall consequently be binding upon the parties unless it be confirmed in writing and e:qrressly declared to forrr a part of theContract documents. e) The Bidders shall be inforrred of the Committee,s decisions as guickly as possible. f) It should be noted that acceptance of a Bid by the organization shall not constitute any implied commitment by the organization for any further work of the same or of a simirar nature under this Programme. !r) A Bid will be considered only from those Bidders who havebeen fully represented at the Director's briefing session in the Programrle area. h) If a Bid does not substantially conform to the specifications, or contains inadmissible reserrrations or is not otheryise substantially responsive to the gidding docunents, it shall be rejected. i) The final selection of Contractor will not be on price alone, but will be on the basis of the best overall value in theOrganization's sole discretion, in terms of managerial, technical and equipnent suitability in relation to the total cost to theOrganization. The Organizationrs decision is final. By subnitting a Bid, each Bidder acknowledges that he understands and accepts the foregoing. 27. UISCELI,ANEOUS 27.L Benefit of parties AII of the terms and provisions of the Contract shall bebinding upon and inure to the benefit of the parties and their respective successors and assigns. The Contractor may not assignhis rights and obligations to a third party without the written consent of the Organization. -44 27.2 Captions The captions of the Sections and paragraphs of thisInvitation to Bid are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of anyparagraph thereof. o a : o E ! o oj q o 9s,o,, o,!(olJ E,Ef E,= oE5 5 .E= E;B E E.e t5+Gt cE: = =EG,5: ltgDJ rr, :t E :IT:I: .rA :IE a! E C a .9 o .: o.o; a-aE.;BC.;9b::3: 3: e!;; €B :- --E36 i, -\o6.r!\:^3i- x i3!;:: = E:.: \;u i::!!=:i i::Es:aa6!o\o;.:- ; : E t2 !:Lr;=9-ee(9;333:i ul 3 t::34JeO4000 ce -l-!tl toc ao - 2t cEt ao ,t.ft &)lr, <zut =U, I lrJ :) lr, <zo =U,da UJ6 = (9 g O.l{-o . r I l \-. E. r! t\(9 =i -.-.---iV , I I 1 I I I I I I Ii E UJ(, Uo U Uzz 9F GU co l,z o J 2IF E u, a o 2E lr,Fo LJ =zLt. oi,E') .lr(oIt-for1-( 'U" r.l ,-g' c _d .ta f,Er \=\(tur '\ {- L o-,/ ze -#'a, Cl ,J _-zw,'- w afti - L,3,/ rL-- FoU =o U J t z =o F cllA o U2 o UE J zo GUA o 2 c L, at t ' rffi?.H k[.\ \L:.-i = (D .' -9-- .i..4-; .' a--\' .: V'1\-; -\ \@ I t( t' \}J,, 'f/t a'i {rl-t:l 5t Sheet l- MODEL OF SUBIT{ISSION I the undersigned Director of Address aaoaa having taken note of the World Hea1th Organization,s Invitationto Bid for aerial work for its onchocerciasis Control Programme, h-ereby bid for the aforementioned work as outlined in theInvitation to Bid at the prices shown. f understand that this bid does not commit theOrgan!zation and that the only instrument binding theOrganization will be the Contract to be concluded between theOrganization and the successful bidder. Sheet 2 I{ODEL OF SUBIT{ISSION I, the undersigned, having exanined the Invitation toBid and being fully inforned of the information given during asite visit to the Programme, hereby decrare my furr cognizaice of the nature, tems and conditions of the work. T, the undersigned, hereby offer to hold myself readyto enter into a Contract with the World Health Organization(hereinafter referred to as trthe organizationrt) to furnish allnecessary aircraft, eguipment, Iabour, materials, superintendence, serrrices, tools and everything necessary oi whatever kind to expeditiously perform and complete, i. asatisfactory and workmanlike manner, arr the work reguired forthe proper execution of the project. I offer to perfort the work in strict accordance withthe terms and conditions of the Contract. r herewith subnit with this Bid a Bid Bond equar to tenper cent (10t) of the amount of the Base Price as defined in thernvitation to Bid. The anount of this Bid Bond negotiable infreely convertible currency in Switzerland is and is made up as follows: (a) A certified bank cheque in the amount of (b) Surety Bid Bond No. in the amount of being a Bond of: Nane of Company: Address: Location: Sheet 3 II{ODEL OF SUBITfiSSION I agree on the award of this Contract to provide: A Perforaance Bond in the amount of twenty-five per cent(25*) of the Base Price as defined in the Invitation to Bid plus a Palment Bond in the amount of twenty per cent (20*) of the said Base Price. I understand and agree that: Bids subnitted for this work shall remain valid and binding for a period of one hundred and twenty (L2O) calendar days fromthe date of the Bid opening. The award of this Contract will not bebinding upon the Organization until the required Contract Bonds acceptable to theOrganization have been furnished and theContract executed. Failure of the Contractor to execute theContract within twenty-two (22') calendar days from the date of Notification of Award, and to file prior to that date the Contract Bonds acceptable to the Organization, wiII entitle the Organization to declare the award nuII and void and to proceed to theforfeiture and liquidation of the Bid Bond. The Bidder sha1l with his Bid submitdocumentary proof of the reliability, . e:<lrerience and financial responsibility of all or any major subcontractors he proposesto enploy where such subcontractors wiIIperform ten per cent (f.Ot) or more of the anount of the Bid. r agree to be in position and to provide adeguate equipment and serrrices necessary for the purposes of the Programme in tfre Progranrne area and within a tine to be agreed after the issue ofthe award of Contract and in any event no later than I December L992. Sheet, 4 I,IODEL OF SUBI,IISSTON , certify 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 seope of its legal powers. fN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said company (seat) I hereby certify that authorized to sign on the behalf of the company. (SeaI) (Legal Adviser) T, l_s Sheet 5 I{ODEL OF SUBMISSION BID BOND FORM - AERIAL OPERATIONS I{HO Onchocerciasis Control Programme KNOW ALL IIIEN BY THESE PRESENTS, that we the Bidder and .......... ..... .. ... Surety(ies) hereto are firmly bound to the World HealthOrganization (hereinafter called rrthe Obligeert) in the sum of ror the p"yr".t ;;' ;i;';; ;i;d' ;;i;;;' ;;';;i;; ;';;.;;Jto'",adninistrators, and successorsr t,jointly and severallyrt, providedThat, where the Sureties are corporations acting as co-sureties, w€r the Sureties, bind ourselves in such sum rrjointly and severallyrr as well as rrseverallyrt only for the purpose of allowing a joint action or actions against any or ar1 of us andfor all other purposes each Surety binds itself, jointly and severally with the Bidder, for the palznent of such sum only asis set forth opposite the name of such surety, but if no rfunit of liability is indicated, the limit of liability shall be thefuII amount of the said sum. CONDITION OF THIS OBLfGATION IS SUCH, that whereas the Bidder subnitted a Bid on ;;, ;;;;, ;; ;;" ;;: ;; ;";;;;"" ;; ;;" ;;;;;"" ";his Bid identified above, within the period specified thereln for acceptance, (a) shall execute such further contractual documents,if any, and give such bond(s) as may be required by the tems oithe Bid as accepted within the time specified after receipt ofthe foms by him, or (b) if, in the event of failure so to execute such further contractual documents and give such bonds,the Bidder shall pay the obrigee for any cost of procuring the work which exceeds the anount of his Bid, then the ibove obligation shall be void and of no effect. Each surety executing this instrument hereby agrees that its obrigation sharl not be impaired by extension(s) of the time for acceptance of the Bid that the Bidder may grant to the obligee, notiLe of which extension(s) to the surely(ies) being heieby waivedi provided that such waiver of notice shall apply only with respect to extensions aggregating not more than sixty (60, carendar days in addition to the period originally allowed for acceptance of the Bid. THE has ry I.IODEL OF SUBUTSSION IN WfTNESS WHEREOF, the Bidder and Surety have executed this BidBond 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 thepresence of: (seal) Surety(ies) Address Note: Power of Attorney for the Surety Representative shal1be attached. BIDDER'S QUESTIONNAIRE FORIIT Dear Sir, I am presenting all infomation required by this BidderrsQuestionnaire for the Aeriar spraying contract of theOnchocerciasis Control Prograrnme: 1. Company or Individual bidding 2. Type of the form and raw according to which the conpany isgoverned by and has been established 3. Company address 4. Representative Address 5. I include a Bid Bond consisting of issued by for the amount of 6. r let it be known that r accept the bidding documents without restrictions. Yours very truly, Signature of the Representative Complete name and title Sheet 8 BIDDER'S QUALIFICATIONS FORI-! Dear Sir, I am presenting all infornation reguired by the BidderrsQualifications Form for the Aeriar spraying contract of theOnchocerciasis Control Proqramme. PART I - PERFORIT{ANCE RECORD 1. Number of years the Company has been in business as aContractor under its present business name: 2. Nunber of years e:<perience the Company has had: (a) as a general Contractor: (b) as a Subcontractor: 3. The relevant o<perience of the individual of the Company assigned responsibility for this Contract: Sheet 9 o oo o+J !E.r{ Ul O .-l+J tr C .U O..l B tl.{ O -{trtUUlH -Fl AO EnO_ +J O O. .U >{ lU r{rQ 3 . -trO +J'1, va3 d ! +,C O O = OF{ O OO F{.Q O O O{6 O .d l.r..t OZ>1 X tr.CFl 0${.63 3 O 5(a 3 q{*JOHtro-l B tr+r>r oo oo Ul 3 . EF{ .Fl OO-^!d O $E .-tOB .A |UO +rOO r fi e4 AZ= C dl{ rd o= ul o r{ otr q O >6 tLtl^OEt{>.r{trXtroA-r{ 03 bd O rFl tro c+rT{ OO '1, H 'r{ OtJO !v 4JtO+J o ru(,ltdo . c!F{ =-^^.tttlt +J gr0 Xis = F{ OtreE;ootL6^OO..{a ZZ XtroUO+Jv3B Or-t F{ >rg+J odoOA+J(a oF{ t{9{Oet,ou trOt{ A tdoo c +J>r !oodo ,4l{> o +J .'ftrr+{ ooko+J (, outd otrP{ Poo .r{O d{r.C d t{(,+J tr +Jl{dtrOb oQg{tr d O OO.-l O tl t{ -'{ O '15F{, lt.q O|U6${ }+J ..1 <OOH > OFIO tr tr-{ g{ c, d.-t O EO.Or{ ll ^^QF{ O d.Q C .{O--D t{ a o +J o IUl{o +rotr-dOt{UQ tr o 11l+{ do+J Hox og.t{6 >o cH'5 k o tr o+J ..{ O +JOtU.nooOt{FIA +J tr o ..{ F{(, u)&dfrl >t tr1 H fr{ H u)4A frl H Ho tr{ ofroU frt& Flo2 ,4E&ohfrHA !f 5. Explanation in connection with contractsi penalties imposed;troubles experienced; claims and against contracts listed under Sheet Sheet LO noncompletion ofIabour and other stop notices filed 9: Sheet 1 1 cdoO 'Fl +J ${ +J rUOOEF{ ..f O g{P$Eodo Fl ,t' O trdoO '.1F{ ${ +J ,oo6FlOOArE$ Eodoo6 () oUrdtuo{J +, +Jc qoO !9-rts EsoT{ iioAOt)O +, o+Jl!Cf{, +JOceo( c, 6 c|I, ^ t+{ +JEI{ ot+roo s>A l, lrFleooo3 g.I EZ H d"{ tr o ."{ +J(, o o Fl t{ o tr Fo utc L. o 'F{ llpo ad +. +JIt q, o.c aE o *; +, 'uo .rl lU !l{ +)Og 6O o ! A, a td t{ +Jo a oo .qEE ,ad'- Url{og0trt O>t .'r ! +roo +rr tr dlJ+J ".:Ef{ }tl oo6 t{l+{ d .!tro6 .-l +J HpO a!u :T H cUt ,og fr{ O O. ula Flfr uofrA zH o F{od& E{2oU fr{ o o D E{ H ul \o Sheet 12 PART II. FINN{CIAL FINANCIAL SITUATTON The annual report of the Conpany together with the latestbalance sheet certified by the Conpany Auditor is subnitted herewith. 2. Sheet L3 PART III. II{ANAGEMENT AND OPERATIONAL STRUCTT,RES 1. Details of management structure of company with organizational chart. Names and nationalities of the Project Manager at operational headguarters, base manager and chief pilots who will be assigned to these Operations with their relevant experience. Detailed curriculum vitae should be attached. Details of proposed management and operational structuresfor this Contract including inter-relationships between operational headquarters and home-base, delegation of responsibility, Iiaison with the Organization, coordination and control of senrices, etc. An organizational chart would be helpful. 4. Details of contractual arrangements with key staff to obviate resignations during critical wet season. Details of pilots and engineers with experience relevantto Contract yrho may be assigned to the Operations would behelpful. 3. 5. Sheet L4 PART IV. AIRCRAFT L. 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 leasing; Sheet 15 PART V. I,ARVTCIDE APPLICATION EOUIPITIENT 1. Provide a full and precise description, together with scale ' plans of the lanricide application equipnent meeting the specifications contained in Section 6 of the Invitation to Bid and a timetable for development. 2. Subcontracting If installation, servicing and adaptation of application eguipment 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 tirne reguired for re-certification of aircraft after any nodification of release equipment. L Sheet l-5 PART VI. SPECIFTCATIONS OF TYPES OF AIRCRAFT OFFERED Provide fuII description in accordance with the specificationsin the Invitation to Bid : Sheet 17 PART VIT. SUBCONTRACTING FulI details of any subcontractor including experience of the ' work proposed. Sheet 18 F{ o al+{ l+{ o og h +J 6I) tr .r{ Fo F{ F{ ott{ 0,E +J o0 tr .rl o , t{ os }{ o)r o q) t{ +J .r{ F{ tl{ o tr o .Ft +JA g o tr o(.) F{ 0) t+{ qt +, .r{ ts o HI +) o >l c ad d d 6 a,: avl E O{ CIlr UI IUl{ .dA H al) EH .iB I56u oo.cIED ,iESo 6iio rJix P.JA Oid8 .g A .1o oqr ,4fa r,or+{!E o tE g xc! Eri:'o E:d'd '.{rr' ^c, oYN F{Yt{ F{co >rd rHF{blo|t- oAO i ad aJ o al H6! .OJ la.{dh t o ,{d EFroo 't8 'i .r{ .O oO .! r)o +Jt'g 3OE -oo ho HnoI.a o1r,9>, o -a6 0EOoo.q oou ot-l Ot{t .d+tF{ 6 e .U H 3 H o +, U .U){r, coU E t4d C.,ilH{ iloft 2oH a) v)HE Bo E o dpl oo = t{ ct r)ixooEt:oo d(,AtDHol-lr)a' an Ho ooo -d outlt r,o +rdo .d arl I +j urHaJO ..1 CtO F{r>U +{ btiQ dF{OGt .'{ rrt+JoodtroN! .rlodd .C .d .69HUI rdHH50OErrHoot+rH+,taaoo>u-dii t H ao HoA +) @ oU all f;I o .rl .6 +, oa ! d: o o r., H ld HodAAAJ!b JlH Jtooto. rrlJtr.d .d utl{ r{C, Fl5 tt{br{ >o@ c! 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