CTBTO Ref. No.: 2020-0060/HASAN · CTBTO Ref. No.: 2020-0060/HASAN Subject: Diving and Subsea Cable...

REQUEST FOR PROPOSAL

Attn:

To:

Email: Fax: Phone:

ALL BIDDERS

+43 (1) 26030 5948+43 (1) 26030-6350

[email protected]

10 Jun 20

(PLEASE QUOTE ON ALL COMMUNICATIONS)

Date:

E-mail:Fax No.:Tel. No.:

CTBTO Ref. No.: 2020-0060/HASAN

Subject: Diving and Subsea Cable Maintenance Services for HydroacousticStation HA01 Cape Leeuwin (Augusta) Western Australia, on a Call-OffBasis.

Deadline for Submission: 22 Jul 20 Vienna Local Time: 17:00

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization(hereinafter referred to as the 'Commission') hereby invites you to submit a proposal that meetsthe requirements of the attached documents.

You are kindly requested to complete and return the acknowledgement form by fax or email as soon as possible.

If you have any questions you should contact the email address indicated above.

Yours Sincerely,

Courtney LinleyChief, Procurement Section

pp

ACKNOWLEDGEMENT FORM

Solicitation No: 2020-0060 Closing Date: 22 Jul 20 Title: Diving and Subsea Cable Maintenance Services for Hydroacoustic

Station HA01 Cape Leeuwin (Augusta) Western Australia on aCall-OffBasis.

Vienna Local Time: 17:00

Procurement Staff: Manzurul Hasan CTBTO Req. No.: 0010015951

Please complete 'A' or 'B' or 'C'and Return

WITHIN FIVE (5) DAYSTHE PREPARATORY COMMISSION FOR THE

COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (CTBTO)

by email [email protected]

________________________________

_____________________________________________________

_____________________________________Email/Tel: (date)

By: Contact Name:

Company Name: A: We shall submit our proposal

____________________

________________________________

_____________________________________

_________________________________

Email/Tel: (date)

By: Contact Name:

Company Name: B: We may submit and will advise

___

insufficient time to prepare a proper submission; ___ we do not have the required expertise for this specific project; ___

our current workload does not permit us to take on additional work at this time;

___ ___________________________________other (please specify)

_________________________________

_____________________________________

________________________________

Email/Tel:

Contact Name:

Company Name:

C: We will not submit a proposal for the following reason(s)

Instructions for preparation and submission of Proposals

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INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF PROPOSALS 1. General

The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (the Commission) with its headquarters in Vienna is the International Organization mandated to establish the global verification system foreseen under the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which is the Treaty banning any nuclear weapon test explosion or any other nuclear explosions. The Treaty provides for a global verification regime, including a network of 321 stations worldwide, a communication system, an International Data Centre and on-site inspections to monitor compliance with the Treaty. This Request for Proposal (RFP) is for the provision of services and supply and delivery of equipment as described in the Terms of Reference. The Proposal shall meet all requirements stated in the Terms of Reference. For this project, the Commission is seeking capabilities, which will ensure that the equipment are supplied and delivered and the tasks are accomplished expeditiously and at a reasonable cost.

2. Documents included in this RFP

This RFP consists of the following documents: (a) Letter of Invitation (b) These Instructions for Preparation and Submission of Proposals with Attachment I

(Evaluation Criteria) & Attachment II (“PROCEDURE FOR SUBMISSION OF ELECTRONIC BIDS”).

(c) List of CTBTO Member States (d) Statement of Confirmation (e) Vendor Profile Form (a) The Commission’s Model Contract and its Annexes A – B;

o The Commission’s General Conditions of Contract (Annex A) o Terms of Reference (Annex B)

Note: In the event of award, the Proposal will be incorporated as Annex C to the Contract.

3. Amendment of RFP Documents

At any time prior to the closing date for submission of Proposal, the Commission may, for any reason, modify the RFP documents by amendment. The Commission may consider extending the deadline in order to allow adequate time for considering the modifications in the preparation of the Proposal.

4. Language of the Proposal

The Proposal and all correspondence and documents relating to it shall be in English.

5. Format and Submission of the Proposal

The Proposal shall be typed, dated and signed by an official legally authorized to enter into contracts on behalf of your organization. The Proposal shall not contain any interlineation, erasures or overwriting except as necessary to correct errors, in which case such corrections shall be initialled by the authorized person(s) signing the Proposal.

Instructions for preparation and submission of Proposals – Request for Services

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The proposal shall be clearly marked as follows: NAME OF PROJECT: [Description indicated in Letter of Invitation] CLOSING DATE: [Date indicated in Letter of Invitation]

CTBTO REF. NO.: [Number indicated in the Letter of Invitation] "DO NOT OPEN BEFORE THE CLOSING DATE"

The Proposal shall be submitted only electronically according to the attached “PROCEDURE FOR SUBMISSION OF ELECTRONIC BIDS”. Proposals received later than the Closing Date and time indicated in the Letter of Invitation shall be declared “late” and left unopened

6. Request for Clarifications and Contacting the Commission

The Commission will issue clarifications, if required. Bidders are requested to e-mail any questions pertaining to this RFP as soon as possible after receipt of the solicitation documents, but in any case no later than 7 business days prior to the Closing Date. No requests for clarifications will be entertained after this time. Questions will only be accepted via e-mail and should be sent to:

E-mail: [email protected] Subject: Request for Clarifications re RFP No. 2020-0060

The Commission will make all reasonable efforts to issue the clarifications not later than 5 business days prior to the Closing Date. Except in case of responding to a RFP clarification, no bidder shall contact the Commission on any matter relating to the Proposal after its submission and until the award of the Contract. Any attempt to influence the Commission in its evaluation of the Proposal or the contract award decision may result in the rejection of the Proposal.

7. Eligible Goods and Services

The services and goods (if any) to be rendered under the Contract shall have their origin in the States Signatories of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), the list of which is attached to this RFP. For purposes of this paragraph, "the origin" means the place from where the materials, goods and/or from which the services are supplied.

8. Type of Contract and Payment

The Commission intends to conclude a firm fixed price based on the attached Model Contract. The terms and conditions of payment for services are described in Clause 12 of the attached Model Contract. For equipment, the terms and conditions of the payment are as follow: Within 30 days of receipt and acceptance of the goods/services and of the following documents:


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(1) Invoice(s) showing price of equipment/goods, pre-paid packing and handling, transportation and freight, insurance, customs clearance and local delivery in Vienna Austria to CTBTO. The Contractor shall submit an invoice in 1 (one) original and 2 (two) copies or electronically, from the Contractor’s official e-mail address in PDF format, duly signed and stamped by the Contractor and submitted to the Commission’s email addressed specified in the Contract. Each invoice shall contain the Contract number (CTBTO and SAP numbers), detailed banking instructions, including the name and address of the Contractor’s bank, account number, account holder’s name and SWIFT, IBAN and/or ABA codes for payment by electronic transfer and actual pre-paid transportation & insurance cost (if applicable);

(2) Air Way Bill and Packing List; (3) Delivery Note acknowledged by VIC Receiving Area staff, showing all the items

delivered; (4) Certificate of Origin (original) or equivalent; (5) Certificate of transportation insurance (copy); (6) Acknowledgement Copy of the Contract with Supplier’s signature; (7) A copy of the documents reporting the result of equipment Acceptance Testing,

approved and counter-signed by the Commission and/or the end-user (if applicable); (8) The Supplier’s certificate, counter-signed by the Consignee/end-user, confirming the

successful completion of the services (if applicable); and (9) Any other relevant documents.

Applicable Taxes payable by the Supplier and/or its subcontractor(s) shall be invoiced separately or be separately identified on the invoice. Actual payment of the Taxes must primarily be supported by original documentation such as invoices, bank account statements, transfer orders, or receipts issued by the local tax or customs authorities. If submission of such original documentation is not possible for justifiable reasons, their copies could be accepted by the Commission provided that they are duly signed and certified by local tax or customs authorities. In case the currency in which the taxes are levied is not the currency of the Contract, bank statements (or equivalent) showing the exchange rate used for the conversion shall be submitted to the Commission, in addition to any other supporting documentation.

“Taxes” means all direct and indirect taxes (including value added tax, general sales tax or goods and services tax), assessments, fees, customs duties, liens and charges in as much as they are levied in conclusion or implementation of the Contract, including customs restrictions and charges of similar nature in respect of articles imported or exported for the Commission’s official use.

9. Preparation of the Proposal

The Proposal shall contain, but not necessarily be limited to, the information described below. The Proposal shall be composed of the following separate parts: I. Technical Proposal; and II. Financial Proposal;

providing, but not limited to, the following information:


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PART I: TECHNICAL PROPOSAL

Please state the reference number and the date of this RFP in the Proposal and any correspondence relating to it.

Personnel The Proposal shall state the contact details and address (name, telephone and fax numbers, and e-mail address) of the person/point of contact in your company dealing with this RFP.

Statement of Confirmation The attached Statement of Confirmation shall be duly signed and submitted together with the Proposal. Description of Services An explanation of the bidder’s understanding of the services to be provided and an overall preliminary operational plan for the execution of the services. The total number of man-days/work-hours proposed for the project as part of the “turn-key solution” (on-site as well as off-site) and their respective estimated allocation to different work-phases shall be specified clearly in the proposal. In any case it shall be the sole responsibility of the Contractor to fulfil and complete the scope of work as specified in these Terms of Reference regardless of the actual number of man-days dedicated to a specific task. Specifications The Proposal shall include a detailed description of the items proposed and include relevant technical literature. The Proposal shall also provide any other relevant issue which the bidder would like to bring to the attention of the Commission whether or not having cost implications. This shall include details of warranties/manufacturer’s guaranties in respect to any Equipment item.

Commission’s Inputs A description of the expected inputs/resources to be made available by the Commission and at what stage of the services. Time Schedule A bar chart indicating the estimation of the duration of the services, including the duration of each task required by the Terms of Reference and key staff to be involved in each task. Qualifications Documentary evidence of your qualifications to provide the Services, which shall establish to the Commission's satisfaction that the bidder has technical capability necessary to perform the Contract and other necessary ongoing services as required. Personnel Curriculum vitae of key staff proposed for this contract, including technical experience to perform the Work. Sub-Contractors Names, legal status, address and qualifications of subcontractor(s), if any, and the scope of the subcontracted services. The Proposal shall provide a statement that your organization shall be fully responsible for the performance of sub-contractors. All sub-contractors shall be legally established in one of the CTBTO Member States.


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Model Contract A statement that the bidder has carefully reviewed the Model Contract and its Annexes and is in agreement with all its terms and conditions. Delivery Schedule

Delivery time shall be indicated in weeks after receipt of an order and shall be firm during the validity of the Proposal.

PART II: FINANCIAL PROPOSAL

In the financial Proposal, you are required to define the following:

(i) The Total Contract Price in EURO (for EU Companies) or US Dollars, exclusive of taxes.

(ii) A breakdown of the Contract Price, indicating the price for the following items:

(1) The sub-total cost of each category mentioned in the Terms of Reference (TOR). (2) Costs agreed with sub-contractors (if any) (3) Overheads (if any) (4) Any other direct costs (insurance, communications, licenses etc. if not already included

elsewhere)

(iii) In presenting the cost for each item, adequate justification and calculation must be included in the cost Proposal. All individual costs shall be stated in EURO or US Dollars and be computed to constitute the total Contract Price.

(iv) In principle the Commission is exempt from taxes. Since the arrangement under which such exemption is respected varies from country-to-country, the selected bidder will be informed by the Commission whether tax exemption will occur at source or whether taxes paid by the selected bidder will be reimbursed by the Commission upon submission of the original supporting documentation.

(1) For Austrian companies

The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Contract in respect of the goods/services shall be quoted separately or be separately identified on the Proposal together with information on the nature of the tax and its method of calculation.

(2) For European Union (EU) Companies

The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Contract in respect of the goods/services shall be quoted separately or separately identified on the Proposal together with information on the nature of the Tax and its method of calculation. Due to the VAT exemption applicable to the Commission, no VAT will be charged to the Commission by the EEC Suppliers under the Contract (Ref. EU VAT Council Directive 2006/112/EC, Article 151).

(3) For Non-EU Companies The price quoted shall be net of Taxes. All applicable Taxes payable by the selected bidder at the conclusion or implementation of the Contract in respect of the goods/services shall be


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quoted separately or be separately identified on the Proposal together with information on the nature of the tax and its method of calculation. For deliveries to Vienna, Austria, and due to the tax exemption at source applicable to the Commission, no Taxes shall be charged to the Commission under the Contract.

(v) Note that clear and detailed explanations would enable us to evaluate the Proposal promptly and proceed with fewer requests for clarifications/justifications in a later stage. This is also a factor influencing the decision for Contract award.

10. Completeness and Correctness of the Proposal

The Commission reserves the right to verify all information furnished by you in the Proposal through a source of its choice. Any inaccurate information so given may lead to the rejection of the Proposal.

11. Validity of Proposal

The Proposal shall be valid for 90 (ninety) days after the deadline for its submission to the Commission, unless an extension of validity has been requested by the Commission.

12. Correction of Errors

The Commission will check the Proposal for any arithmetic errors. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected.

13. Evaluation of Proposal

(a) The technical evaluation shall be undertaken in accordance with the attached evaluation criteria (Attachment 1) including but not limited to:

(i) compliance of the equipment with the Terms of Reference; (ii) Contractor’s experience and qualifications; (iii) Completion schedule.

(b) Subject to the conformance of the Technical Proposal to the Terms of Reference, the

Financial Proposal shall be evaluated as follows:

(i) contractual compliance; (ii) commercial acceptability.

(c) The Commission, based on the evaluation method given above, will determine the Proposal that ‘most effectively satisfies the technical and operational requirements set out in the solicitation documents’. The relative weighting of each component of the Proposal is 65% for the Technical Proposal and 35% for the Financial Proposal. The Commission will award Contracts to the successful bidders with the highest combined score.

14. Negotiations of the Proposal

The Commission reserves the right to request clarifications on the Proposal and to enter into negotiations regarding technical or commercial aspects of the Proposal before awarding the contract under this RFP.


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15. Modification and Withdrawal of Proposal

Bidders may modify or withdraw their Proposals after their submission, provided that written notice of the modification or withdrawal is received by the Commission by the closing date for the submission of the Proposal. The Proposal may not be modified subsequent to the closing date.

16. The Commission’s Right to Reject the Proposal

The Commission reserves the right to accept or reject the Proposal or to annul this procurement process at any time prior to the award of contract without having to inform the bidders of the grounds therefore, without thereby incurring any liability to the bidders.

17. Costs of preparation and submission of the Proposal

Bidders shall bear all the costs associated with the preparation and submission of their Proposal and the Commission will not be responsible or liable for those costs, regardless of the outcome of this RFP.

18. Proprietary Information

All documentation and information contained in this RFP are proprietary to the Commission and shall not be duplicated, used or disclosed -in whole or in part- for any purpose other than to evaluate them and respond to the Commission's request for Proposal or otherwise without prior written agreement of the Commission.

Use of former Preparatory Commission for the CTBTO (“Commission”) employees in the preparation of Proposals:

A Bidder must not, in the absence of prior written approval from the Commission, permit a person to contribute to, or participate in, any process relating to the preparation of a Proposal or the procurement process if the person:

a. At any time during the 12 months immediately preceding the date of issue of the Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. At any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.


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BIDDER’S STATEMENT PLEASE STATE BELOW & SUBMIT WITH PROPOSAL

Delivery Time: Shipping weight (kg) and Volume (m3) – if applicable: List of recommended consumables and spares including prices and details on local availability, if applicable (please tick): For one year period For a period of …………………………. Warranty period applicable (it shall be for a minimum of 24 months, starting from the acceptance of the goods/services by the Commission) – please tick below: For a two year period For a period of …………………………. Availability of local service in Vienna, Austria (if any): State country of origin or assembly of all items quoted: Quantity discount and early payment discount (if any): Include documentary evidence of qualifications to perform the order, which shall establish to the Commission’s satisfaction that the bidder has the financial, technical and production capability necessary to perform the order in its entirety and to provide spare parts and other necessary on-going services as required. Included in this quotation : Yes No Confirmation that the bidder has reviewed the Commission’s General Conditions of Contract, Draft Contract, and agreed to all terms and conditions.

Yes No Remarks: With regards to the software provided with the equipment, state and confirm whether the software licenses are transferable to third parties, i.e. the Commission or the Commission’s State Signatories (Member States).

Yes No Not applicable Remarks: Name: Name & Title of Contact Person: Signature & date:

Attachment I

EVALUATION CRITERIA

1 Bidder’s Technical Proposal

1.1 Technical Capability

Within the Technical Proposal the Bidder shall:

Confirm the following;

1. The Bidder’s designated Project Manager will be on-site to manage all on-site activities.

2. The Bidder’s capability for its team to be on-site 8 weeks after issuance of an agreed Work

Order, unless advised otherwise by the Commission.

3. The Bidder is an established provider of services similar to those stated in these Terms of

Reference and has provided such services for a period of at least 3 years.

4. The Bidder can provide and operate a suitable diving support vessel.

5. The Bidder’s team and all equipment provided are appropriately qualified/certificated to conduct

the required diving and diver support vessel services in Western Australia and that all works that

will be undertaken will be fully compliant with all rules and regulations.

Provide details of the following:

1. The Bidder’s capability to respond and its approach to responding to a Work Order in the

required timely manner.

2. Given the prevailing situation with regard to COVID-19 at the time of preparation of these Terms

of Reference and resulting restrictions, with regard to both international travel and inter State

travel within Australia, the Bidder shall provide specific details of how it shall meet its

contractual obligations during the course of this contract and any extension of time to such

contract should such travel restrictions continue to prevail during these contractual periods.

3. The Bidder shall state its experience of providing similar call-off services to those required in

these Terms of Reference; ideally the Bidder will have experience of conducting inspections and

undertaking maintenance actions on cable/split pipe and/or pipeline installations.

4. Diving team(s) availability, composition, location and experience.

5. Proposed diver support vessel(s) (size, location, etc.) and suitability for operation at the HA01

site.

6. Other equipment/tools, etc. that the Bidder may mobilise to support these call-off services.

7. Experience with regard to providing comprehensive reports with supporting videos and

photographs (specifically underwater footage).

8. Details regarding;

o limitation to the distance offshore that services can be provided, and

o limitations to diving depth assuming use of SCUBA equipment.

9. Any initially identified permissions, permits or notices, etc. that the Contractor may require to

hold or to issue in advance of conducting the on-site services.

10. Previous experience of stakeholder engagement.

Describe the following:

1. Permitting requirements relating to conducting cable installation/split pipe/pipeline inspections

using SCUBA equipment, and the size and composition of the dive team required to be fully

compliant with such regulations. This description shall cover diving depth restrictions.

1.1.1 Equipment

Provision of the full range of potential services described in the Terms of Reference may require the

Contractor to provide specific specialized equipment in addition to the equipment that would normally be

required for conducting diving and other routine maintenance tasks; examples of such equipment could

be sand airlift, water jetting, etc. The requirement for and the provision of such equipment will be agreed

with the Contractor in advance of issuance of a Work Order. Within the Technical Proposal, the Bidder

shall provide a list of possible additional equipment that it considers may be required; the format in Table

1 below is to be used to provide this information. This list is not to be considered exhaustive and other

equipment may be proposed during the course of the Contract.

Equipment Task

Table 1: Possible Additional On-site Equipment

1.1.2 Conducting Maintenance Tasks

Within the Technical Proposal the Bidder shall describe how it would conduct the following maintenance

tasks. All tasks conducted <150 m offshore at a water depth no greater than 10 m:

1. Stabilizing a 2 m section of nearshore split pipe suspended ~50 cm above the surface.

2. Repairing a cracked/failing individual section of cast iron split pipe.

3. Excavation of a layer of fine sand of up to 75 cm depth to expose bedrock (e.g. via airlift).

The task description detail shall be such as to demonstrate to the Commission that the Bidder is fully

competent to undertake such tasks. The Bidder may propose more than one approach to conducting each

of these maintenance actions.

Reference should be made to Figure 1 of the Terms of Reference for examples of cracked/failing split

pipe and suspensions that are present at HA01.

1.1.3 Quality Management System

The Commission has a strong preference for the Bidder to have an accredited Quality Management

System (QMS) which covers the required services. Relevant QMS certification shall be included in the

Technical Proposal.

1.1.4 Environmental Statement

The Commission requires that all works are conducted in compliance with all relevant environmental

rules and regulations. If the Bidder has an Environmental Policy or Environmental Statement this shall be

included in the Technical Proposal.

2. Bidder’s Financial Proposal

2.1 Project Costs

The Bidder shall fix all projects costs for the first 24 months of the Contract. The costs requested to be

provided by the Bidder in the following sections, unless otherwise stated, are the fixed prices applicable

for the first 24 months of the Contract.

2.2 Project Cost Increases

Costs for the final 3rd year (and any extension to the Contract) will be negotiated with the Contractor but

in any case any cost increase shall not exceed an applicable Australian rate of inflation. Within the

Financial Proposal the Bidder shall state its proposal for assessing an amicable increase in project costs

for the final 3rd year of the Contract, and also for any additional period of up to a maximum of 2

additional years.

2.3 Off-Site (office based) Project Support Staff

Within the Financial Proposal the Bidder shall identify their off-site (office based) project team

members/roles e.g. Project Manager, Dive Team Leader/Permit Manager, Administrative Support, etc.

that are required for the delivery of this project.

Tasks that these individuals could undertake include (the list is not exhaustive):

Management oversight.

Administrative and/or logistical support.

Mobilisation planning.

Reading and reviewing HA01 related project material.

Participation in teleconferences.

Undertaking liaison with permitting authorities.

Stakeholder liaison.

Conducting and reporting on ad hoc studies e.g. split pipe repair methodologies.

Ad hoc report preparation

The Commission will issue Work Orders for the undertaking of such tasks.

The Bidder shall use the format in Table 2 below to provide project team member details and provide day

and half day rates; staff may be charged at different rates. The Bidder shall include a short CV for each

team member included in this table.

It is mandatory for the Bidder to include the following office-based categories of staff within this table:

Project Manager

Administrative / Logistics Project Support

Dive Team Leader / Permit Manager

The Bidder shall note that it is a requirement that the Bidder’s designated Project Manager shall be on-

site to manage all on-site activities. Whilst the Bidder may sub-contract some services (see 2.3.5 of the

Terms of Reference) the sub-contracting of the on-site Project Manager role is not permitted.

Name Title / Staff

Grade Day & Half Day Rate Example of tasks that may be

undertaken

Table 2: Project Team Member Descriptions and Day Rates; Rates Applicable for the First 24 Months of

the Contract

2.4 On-Site Services

The Work Order for the conduct of the pre-identified baseline requirement for on-site works, that are

provisionally scheduled to be undertaken during the austral summer 2020/2021, will require the

undertaking of the tasks as detailed in Table 3. Within their Financial Proposal, the Bidder shall use the

format in Table 3 to provide full descriptions and separate fixed price cost breakdowns for each of these

tasks. For costing purposes the Bidder shall assume the provision of a diver (SCUBA) inspection service.

The costs are to be fully inclusive, e.g. include subsistence, transport, fuel, lodgings, insurance, routine

consumables, weather forecasting service and provision of all necessary baseline diving equipment such

as video/underwater camera, etc. All assumptions made shall be stated.

Late Austral Summer 2020/2021 (Provisional Scheduling)

Tasks Required For

Delivery of On-Site

Services Description Comment

Fixed Price Cost

and all

Assumptions

1) Preparation for

Mobilisation to the

Site

Preparing and packing

equipment, liaison with

the Commission.

Provision of weather

forecasting service.

Award of necessary

permits/permissions and

issue of notices.

Provide breakdown of man days of

effort.

2) Mobilisation to Site

Including mobilising of

dive team, diver support

vessel and all required

equipment.

Number of days required to

mobilise equipment/team members

to site to be provided. Number of

people mobilised and specifics of

mobilisation costs. Details of the

proposed diver support vessel and

how it will be mobilised are to be

provided.

3) Daily On-site

Operations

On-site team, including

dive team and support

vessel. Daily meetings

and daily reports.

Conduct of tasks. Videos

Full day and half day rate to be

provided.

and photographs.

4) Weather Delay

Standby

On-site team, including

dive team and support

vessel. Daily meetings

and daily reports.

Full day and half day rate to be

provided.

5) Demobilisation from

Site

Including demobilising

diver support vessel and

all equipment.

Number of days required to

demobilise equipment from the

site to be provided – see entry in 2)

above for further requirements.

6) Report Preparation

Including provision of

photographs and videos

(above water and

underwater footage).

See Section 3.4 of the Terms of

reference specifying reporting

requirements for detail to support

preparing this costing.

Table 3: Cost Breakdown Table - Tasks required to be undertaken to Conduct On-Site Works

2.5 Provision of Dive Support Vessel and Consumables

2.5.1 Dive Support Vessel

In the Financial Proposal the Bidder shall provide the fully inclusive day rate and half day rate for its

proposed dive support vessel and vessel crew.

2.5.2 Consumables

The Contractor may require specific (non-routine) task dependent consumables for the conduct of diver

maintenance services. The requirement for such consumables may in some cases be identified prior to

mobilization; the requirement for other consumables may only be identified during the course of on-site

services.

Prior to mobilization the Commission, in collaboration with the Contractor, will agree on the pre-

identified consumable requirement. The Commission will then include this requirement within a Work

Order. The consumables, which the Commission will include as a separate item in a Work Order, are

only those which the Contractor may not normally be expected to provide. The purchasing of all

consumables will be conducted by the Contractor and is to be pre-approved by the Commission.

The Commission will reimburse the Contractor for the purchase of such (non-routine) consumables

against receipts showing actual costs. Examples of consumable purchases that are chargeable (non-

routine) include e.g. jute grout bags, grout, and repair material for split pipes. Examples of consumable

purchases that are NOT separately chargeable and are considered routine consumables, i.e. not included

as a separate item in a Work Order, are e.g. diver support vessel running costs such as fuel, berthing and

launching costs and diver cylinder charging, etc.

Within the Financial Proposal the Bidder shall confirm its acceptance of this required approach to

provision of routine and non-routine consumables.

3. Proposal Evaluation

3.1 Technical & Financial Evaluation

The Contract will be awarded to the Bidder who receives the highest combined score resulting from the

technical and financial evaluation. The weight of the technical and commercial evaluation components is

65% and 35% respectively.

3.1.1 Technical Proposal Evaluation

The Technical Proposal will be assessed as per the scoring matrix below..

The Bidder must be compliant with all Mandatory Requirements (Table 4).

The Bidder must achieve a minimum score of 5 out of 10 for all General Requirement categories (Table

5). The score from all General Requirement categories will be weighted and the Bidder’s total score for

its Technical Proposal shall then be the addition of all the weighted scores.

Mandatory Technical Requirements Compliant

YES NO

The Bidder’s Project Manager shall be on-site to manage all on-site

activities

The Bidder can be on-site within 8 weeks after issuance of an agreed Work

Order, unless advised otherwise by the Commission

The Bidder has provided services similar to those stated in these Terms of

Reference for at least 3 years

The Bidder can provide and operate a suitable diving support vessel

The Bidder has included a statement that it is fully certificated to conduct

the required works, including diving/marine services and diver support

vessel services, in Western Australia

Table 4: Mandatory Technical Requirement

General Technical Requirements Score

(0-10)

Weight

(1-10) Weighted Score

Understanding of the Commission’s requirement 9

Response to Technical Task 1: Stabilizing a section of suspended nearshore split pipe (Refer to 2.3.2 of the Terms of Reference)

10

Response to Technical Task 2: Repairing a cracked individual section of

split pipe (Refer to 2.3.2 of the Terms of Reference) 10

Response to Technical Task 3: Excavation of a fine sand layer to expose

bedrock (Refer to 2.3.2 of the Terms of Reference) 10

Previous experience of cable/split pipe/pipeline inspections or similar 8

Previous experience of conducting maintenance on cable/split pipe/pipeline

or similar 8

Size, experience and location of dive team 8

Understanding of, and compliance with relevant diving regulations 9

Proposed dive support vessel(s) 6

Additional equipment availability 6

Accredited Quality Management System 7

Environmental Policy/Statement 7

Report preparation experience 7

Previous experience of obtaining permits, issuing notices and stakeholder

engagement 6

Project Manager and CV 9

Other Project staff and CVs 7

Total Weighted Score

Table 5: Technical Proposal Scoring Matrix

Points will be awarded to each bidder for each of the evaluation criteria in column 1 of Table 5 above and

in accordance with the basis of scoring shown in Table 6 below.

Table 6: Basis of scoring

Please note that if a bidder is assigned less than 5 points for any of the evaluation criteria, it is considered

that the bidder does not satisfy the minimum technical requirements for this procurement exercise, thus it

will be disqualified and its proposal not further evaluated. Bidders that fully satisfy a criterion to the

minimum acceptable level will be assigned 5 to 6 points.

3.1.2 Financial Proposal Evaluation

Once the technical evaluation is finalized, the Commission will evaluate the financial proposals of the

technically compliant bidders. The financial proposals will be evaluated in accordance with the formula

given below:

X= Max Available Points * Y/Z

Legend

X= points to be assigned to the offer being evaluated

Y= price of the lowest priced, technically compliant offer

Z= price of the offer being evaluated

The Contract will be awarded to the bidder who receives the highest combined score resulting from the

technical and financial evaluation. The weight of the technical and commercial evaluation components is

65% and 35% respectively.

Points Criteria

0 Response incomplete, inadequate and/or non-responsive to the criterion. Bidder does not clearly

understand the criterion.

1-2 Does not meet the minimum technical, functional, or performance related criterion.

3-4 Meets the criterion in most areas, but is lacking details and responsiveness in some areas of the

criterion.

5-6 Meets the criterion in all areas.

7-8 Meets the criterion to minimum acceptable levels in all areas, and exceeds it in some areas.

9-10 Response exceeds the criterion in all areas and adds additional technical, functional and

performance related value to the proposed services.

The evaluation of the Financial Proposal will be based upon the following nominal list of tasks in Table 7

below. Note that the list is purely for the purposes of financial evaluation of the Bidder’s proposal and

does not represent the actual work to be done. The actual list of tasks will be agreed between the

Commission and the Contractor during the course of the contract based on these rates).

The costs are to assume work conducted during the austral summer 2020/2021. The costs are to be fully

inclusive of all requirements previously stated.

Unit Description Unit Cost Number of

Units

Required

Total Cost

(unit cost x no of

units)

Day Rate - Project Manager (office based) 10

Day Rate - Dive Team Leader / Permit Manager

(office based) 10

Day Rate - Administrative Project Support (office

based) 5

Preparation for Mobilisation to the Site 1

Mobilisation to Site 1

Demobilisation from Site 1

Daily On-site Operations 4

Day of Weather Delay Standby 1

On-Site Works Report Preparation 1

Total Cost for All Tasks

Table 7: Nominal Set of Tasks which will be used to Support Evaluation of the Financial Proposal

1

PROCEDURE FOR SUBMISSION OF ELECTRONIC BIDS IN 2 SEALED FILES

Given the current logistics restrictions at the Vienna International Centre as a result of the COVID-19 situation, the Commission invites you to submit your sealed bids in response to Request for Proposal No. 2020-0060/HASAN:Diving and Subsea Cable Maintanance Serices for Hydroacoustic Station HA01, Cape Leeuwin (Augusta), Western Australia on a Call-Off Basis.

Please be sure to follow the instructions below very carefully, so that the documents you submit are encrypted, and cannot be opened without an encryption key (password). If the documents are

not encrypted, they will not be accepted as part of this Tender process.

CRITICAL INFORMATION:

Create separate zip files for technical bids and financial bids (labeling them clearly in the title) with different encryption keys. Instructions for how to do this are provided below.

Step 1: You provide the encryption key (password) for the Technical Bid only (in accordance with the below instructions)!

Step 2: After the Commission has performed the evaluation of the Technical Bids, if your Technical Bid is considered to be acceptable, the Commission will request the encryption key (password) for

the Financial Bid you have already submitted by the Tender Deadline.

Should you have any questions, please send an email to [email protected].

We recommend that you leave yourself plenty of time to complete the below process (including getting any necessary assistance from the Commission), as late bids will not be accepted.

INSTRUCTIONS:

In a WINDOWS environment, one way of meeting the requirements is as follows.

We recommend using the open-source, free software 7-zip, but if you are comfortable with other tools, the result should be the same, as long as you can apply encryption to the archive. In the

below, we’ll use 7-zip as an example.

(You can download the 7-zip code for Windows at: 7-zip.org )

Creating the archives for submission

Regardless of whether the bid is a single file, or a collection of files, the files are easier to manage if delivered as a single, compressed file. Compressing the archive is a common way to meet size limitations in email systems.

2

As an example of how to submit your bid in the required format: assuming you are supplier

“SOFTCOMP” and have the following files related to the bid for “RFP 2020-0010/EDWALD”. (You will

need to replace these elements with the real information for your actual bid.) Assuming further that

you have installed the 7-zip software on the Windows system you are using. We will only go

through the creation of the Technical bid component; the Financial bid component is similar.

Figure 1 An example set of files to be submitted

Select the four files and right-click; a Dialog box pops up, with one of the options being “7-ZIP >”.

Hover your cursor over the “ >” part and a few more options appear, select the “Add to archive”

option.

Another dialog box pops up (see ‘Figure 2, Creating an Archive’, next page):

Using the standard Windows methods, select a suitable location for the archive (if you don’t change

it, the archive gets created right where the selected files are), and give it a name in the form of:

“SOFTCOMP-2020-0010-EDWALD-TECHNICAL-BID”, of course replacing all the elements with the

true values for the bid in question: the actual company indicator, and the actual RFP identification

string. Note that it is not possible to put a slash “/” in the filnename, and therefore put a dash “-”

instead. Leave the file extension “.zip’ as is.

Leave all the other settings as is, except: add a password to the encryption (see figure 2 below).

This is done by typing the same password (of your choosing) twice in the two text fields in the lower

right hand corner. Make a note of this password. You must choose different passwords for the

two zip archives, that is, the Technical and the Financial bids.

3

Figure 2 Creating an Archive

Now, we seek the “SHA1 Hash”, and electronic fingerprint of the archive you have just created. The

hash is a string calculated from your file(s) and can be used to guarantee that the file hasn’t been

modified since you created it. Any change to the file will result in a different hash value.

There are many ways of calculating this; two common options are decribed below.

If the appropriate functionality is available in your Windows environment: Select the compressed

archive in the Windows file manager, (eg. SOFTCOMP-2020-0010-EDWALD-TECHNICAL-BID.zip) and

right click. One of the options to select is “CRC SHA >”. Hovering over the “ >” brings a few more

options to light, select the SHA-1 option. A smaller dialog pops up: (see Figure 3, SHA1 below).

Clicking Ctrl-C grabs the contents of this box. You can close the box after copying the contents. (You

can paste the contents into a mail message, for instance.)

4

Figure 3 SHA1

If this CRC SHA function is not available by ‘right-click’ on your Windows version, you can also do this

from ‘the command line’, a slightly more complicated way. Open a CMD window (see sidebar

below), move to the folder where your archive is, and execute the command:

“certutil –hashfile SOFTCOMP-2020-0010-EDWALD-TECHNICAL-BID.zip sha1”

where you obviously replace the name of the file with your real file name. The output of this

command is the SHA1 “hash”. You can copy-and-paste the string for use in the email (below).

Finally,

1. Create a new email, Subject: example- “SOFTCOMP-2020-0010-EDWALD”. Add the two

compressed archives, that is, the Technical Bid and the Financial Bid archives as attachments.

The text of the email should contain the SHA1 information for both archives.

SEND THIS TO: [email protected] (note that there is an underscore “_” between

“sealed” and “bids”). (Should the email become larger than your mail system allows, you can

try sending the two archives in separate emails. Take care to include the right SHA1

information with each file.)

2. Create a new email, Subject: example- “SOFTCOMP-2020-2010-EDWALD-Technical Bid” the

contents of which must contain the Encryption Key for the Technical Bid (the password you

used when creating the Technical Bid). (Again, note the underscore between ‘bid’ and

‘keys’.)

SEND THIS TO: [email protected]

IMPORTANT NOTE: As stated above, only send the Encryption Key for the Technical Bid to

the [email protected] mailbox when sending your Technical and Financial Bids to the

[email protected] mailbox. You shall only send the Encryption Key for the Financial Bid

The “SHA1 “Hash”

Sidebar: How to open a CMD window in Windows:

The way to open a Command window (or ‘terminal’) depends on the version of Windows you

have. The different methods are very clearly described in the following article, but a quick

internet search will find multiple descriptions.

https://www.lifewire.com/how-to-open-command-prompt-2618089

5

to the Commission if and when informed by the Commission that your Technical Bid had

been evaluated as “technically acceptable”.

The Financial Bid Encryption Key will need to be provided by you to the same e-mail

([email protected]) within 48 hours of the Commission’s request, clearly marked in

Subject: Encryption Key for (example):“SOFTCOMP 2020-2010 EDWALD-Financial Bid”. If

your Bid is not considered “technically acceptable”, the Commission will not request an

Encryption Key for your Financial Proposal, and it will remain unopened.

As mentioned above, should you have questions or difficulties, please send an e-mail to

[email protected].

We recommend that you leave yourself plenty of time to complete the

above process (including getting any necessary assistance from the

Commission), as late bids will not be accepted.

CTBTO Member States

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Bosnia and Herzegovina

Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African

Republic Chad Chile China Colombia Comoros Congo Cook Islands Costa Rica Cote d'Ivoire Croatia Cyprus Czech Republic Democratic

Republic of the Congo

Denmark Djibouti

Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holy See Honduras Hungary Iceland Indonesia Iran, Islamic

Republic of Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao People's

Democratic Republic

Latvia Lebanon Lesotho

Liberia Libya

State of Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mexico Micronesia,

Federated States of

Monaco Mongolia Montenegro

Republic of Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Macedonia

Republic of Norway Oman Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Republic of Niue Romania Russian Federation

Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and

the Grenadines Samoa San Marino Sao Tome and

Principe Senegal Serbia, Republic of Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands South Africa Spain Sri Lanka Sudan Suriname Sweden Switzerland Tajikistan Thailand Timor-Leste Togo Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab

Emirates United Kingdom United Republic of

Tanzania United States of

America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zambia Zimbabwe

STATEMENT OF CONFIRMATION On behalf of (name of firm or organization): _______________________________, I hereby attest and confirm that: a) The firm/organization possesses the legal status and capacity to enter into legally binding

contracts with the Commission for the supply of equipment, supplies, services or work.

b) The firm/organization is not insolvent, in receivership, bankrupt or being wound up, and not under administration by a court or a judicial officer, and that it is not subject to the suspension of its business or legal proceedings for any of the foregoing reasons.

c) The firm/organization has fulfilled all its obligations to pay taxes and social security contributions.

d) The firm/organization has not, and that its directors and officers have not, within the last five years been convicted of any criminal offense related to professional conduct or the making of false statements or misrepresentations as to their capacity or qualifications to enter into a procurement or supply contract.

e) The Commission, in the event that any of the foregoing should occur at a later time, will be duly informed thereof, and in any event, will have the right to disqualify the firm/organization from any further participation in procurement proceedings.

f) The firm/organization did not/will not attempt to influence any other bidder, organization,

partnership or corporation to either submit or not submit a proposal/bid/quotation;

g) The firm/organization will not, in the absence of a written approval from the Commission, permit a person to contribute to, or participate in, any process relating to the preparation of a Quotation/Bid/ Proposal or the procurement process if the person:

a. at any time during the 12 months immediately preceding the date of issue of the

Solicitation was an official, agent, servant or employee of, or otherwise engaged by the Commission;

b. at any time during the 24 months immediately preceding the date of issue of the Solicitation was an employee of the Commission personally engaged, directly or indirectly, in the definition of the requirements, project or activity to which the Solicitation relates.

h) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) have been identified on, or associated with any individual, groups, undertakings and entities identified on, the list established pursuant to the UN Security Council Resolution 1267 (Consolidated Sanctions List).1

i) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) are subject to any form of sanction imposed by an organization or body within the United Nations System, including the World Bank.

1 The Consolidated United Nations Security Council Sanctions List can be found on the following website: https://www.un.org/securitycouncil/content/un-sc-consolidated-list

j) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any), is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

k) Neither the organization/firm, its parent entities (if any), nor any of its subsidiary or affiliated

entities (if any) will use the funds received under contracts/purchase orders with the Commission to provide support to individuals, groups, undertakings or entities associated with terrorism.

l) The prices in the firm/organization’s proposal/bid/quotation have been arrived at

independently, without consultation, communication or agreement with any other interested companies, competitor or potential competitor with a view to restricting competition.

m) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings, if it offers, gives or agrees to give, directly or indirectly, to any current or former staff member of the Commission a gratuity in any form, an offer of employment or any other thing of service or value, as an inducement with respect to an act or a decision of, or a procedure followed by, the Commission in connection with a procurement proceeding.

n) The Commission shall have the right to disqualify the firm/organization from participation in

any further procurement proceedings if it does not disclose to the Commission any situation that may appear as a conflict of interest, and if it does not disclose to the Commission if any official or professional under contract with the Commission have an interest of any kind in the firm/organization’s business or any kind of economic ties with the firm/organization.

Name (print): _________________________ Signature: _______________________ Title/Position: ________________________ Place (City and Country): _______________________ Date: ________________________

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

VENDOR PROFILE FORM (VPF) – FOR PRODUCTS/SERVICES/WORK

1. Name of Company:

2. Street Address:

3. Telephone:

P.O. Box: City:

4. E-Mail:

Zip Code: Country:

5. Website:

6. Contact Person: Title: 7. Legal Status (e.g. Partnership, Private Limited Company, Government Institution) 8. Year Established:

9. Number of Employees:

10. Gross Corporate Annual Turnover (US$m)*: 11. Annual Export Turnover (US$m)*:

12. Type of Business/Products: Manufacturer Sole Agent Supplier Other (please explain) 13. Type of Business/Services/Work: Engineering Civil Work Governmental Institution Other (please explain) 14. References (your main customers, country, year and technical field of products, services or work): **

15. Previous Supply Contracts with United Nations Organizations (over the last 3 years)** Organization: Value in US$ Equivalent: Year: Organization: Value in US$ Equivalent: Year: 16. Summary of any changes in your company’s ownership during the last 5 years:

* Please provide a copy of the most recent audited annual report and accounts. Note: Export includes services or work performed abroad or for foreign clients. ** Please provide supplementary documentation on these items.

Vendor Profile Form Page 2 of 2

17. List of Products/Services/Work offered:

Product/Service/Work # Product/Service/Work Description

18. This section shall be signed and stamped by an official legally authorized to enter into contracts on behalf of your organization:

Name: Title: Signature: Date: Bank Details

Bank Name:

Bank Address:

Exact Account Holder Name:

Beneficiary Details

Beneficiary Name: (exactly as stated on bank statements)

IBAN: (if applicable)

Account number:

SWIFT/BIC:

ABA/Sort Code:

Additional Details (if applicable)

Correspondent bank:

Correspondent account number: Correspondent SWIFT/BIC:

Tax Identification Number:

FOR CTBTO USE ONLY Evaluated By: Initials Date:

Updated By: Initials Date:

Remarks:

CONTRACT No. 2020-XXXX

between

THE PREPARATORY COMMISSION

FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY

ORGANIZATION

(THE COMMISSION)

and

THE NAME OF THE CONTRACTOR

(THE CONTRACTOR)

for

Diving and Subsea Cable Maintenance Services for Hydroacoustic Station HA01, Cape Leeuwin (Augusta), Western Australia on a Call-Off Basis

XXXX 2020

This Model Contract comprises this cover page, 12 twelve) pages of text (including a table of contents and a signatories page), and 3 (three) Annexes (A to C)

Contract No. 2020-XXXX 1

TABLE OF CONTENTS

1 DEFINITIONS .................................................................................................................................................. 3

2 AIM OF THE CONTRACT ............................................................................................................................. 4

3 ENTRY INTO FORCE AND DURATION OF THE CONTRACT ............................................................. 4

4 STANDARD OF WORK .................................................................................................................................. 4

5 RESPONSIBILITIES OF THE CONTRACTOR .......................................................................................... 5

6 ORGANISATION OF CONTRACT IMPLEMENTATION ........................................................................ 5

7 WARRANTY ..................................................................................................................................................... 6

8 PERMITS, NOTICES, LAWS AND ORDINANCES.................................................................................... 6

9 PROTECTION OF PERSONS AND PROPERTY ....................................................................................... 6

10 RESPONSIBILITIES OF THE COMMISSION ....................................................................................... 7

11 CONTRACT PRICE .................................................................................................................................... 8

12 PAYMENT .................................................................................................................................................... 9

13 TEMPORARY SUSPENSION OF WORK .............................................................................................. 10

14 DELAYS AND EXTENSION OF TIME .................................................................................................. 10

15 CONTRACTOR’S CLAIMS AND REMEDIES ...................................................................................... 10

16 ENTIRE AGREEMENT ............................................................................................................................ 11

17 DISCREPANCIES ...................................................................................................................................... 11

18 SEVERABILITY ........................................................................................................................................ 11

19 NO WAIVER ............................................................................................................................................... 11

20 CONTRACT AMENDMENT .................................................................................................................... 11

21 TRANSMISSION OF NOTICES AND OTHER DOCUMENTS ........................................................... 12

22 EFFECTIVENESS ...................................................................................................................................... 12


CONTRACT No. 2020-XXXX

This CONTRACT is entered into between THE PREPARATORY COMMISSION FOR THE

COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (hereinafter referred to as

“the Commission”), having its headquarters located at Wagramerstrasse 5, 1400 Vienna, Austria, and

«SS_NAME» (hereinafter referred to as “the Contractor”), having its principal office located at XXXX,

XXXX.

The Parties hereto mutually agree as follows:

1 DEFINITIONS

In this Contract, words and expressions shall have the same meanings as respectively assigned to

them in the General Conditions of Contract and the Terms of Reference. In addition, the following

words and expressions shall have the meanings hereby assigned to them:

“Annex A” means the Commission’s General Conditions of Contract.

“Annex B” means the Commission’s Terms of Reference.

“Annex C” means the Contractor’s Proposal dated XXX.

“Contract” means this document, its Annexes and any further modifications or such further

documents as may be expressly incorporated in this Contract by the Parties in accordance with

Clause 20 below.

“Contractor” means the legal entity named in the preamble of this Contract or its successors. The

Contractor shall be the only interface for all matters pertaining to execution of the Work under this

Contract.

“Goods” means the equipment to be supplied and delivered by the Contractor under the Contract

as requested by the Commission under the WO.

“Services” means the activities or tasks to be performed by the Contractor under the Contract as

requested by the Commission under the WO.

“Party(ies)” means the Commission and/or the Contractor, as the context requires.

“Rule(s)” means any regulation(s), official directive(s), ordinance(s), guideline(s), customs and

practices.


“Work” means all the Goods and services to be provided by the Contractor, including its

affiliates and/or subcontractors, in order to fulfill all its obligations under the Contract, and the

remedying of any defects therein.

Work Orders (‘WO’) mean orders issued by the Commission which specify the (parts or

portions of) Work to be performed by the Contractor upon request by the Commission in

accordance with Annexes B and C.

2 AIM OF THE CONTRACT

The aim of this Contract is to provide Services (hereinafter referred to as “Work”) pertaining to

“Diving and Subsea Cable Maintenance Services for Hydroacoustic Station HA01, Cape Leeuwin

(Augusta), Western Australia on a Call-Off Basis to the Commission, as and when required by the

Commission.

3 ENTRY INTO FORCE, DURATION OF THE CONTRACT AND COMMENCEMENT AND COMPLETION OF THE WORK

(a) The Contract shall enter into force upon the date of the last signature by the authorized

Representatives of the Parties (hereinafter referred to as the “Effective Date”) and shall be

valid until the Parties fulfill all their obligations hereunder.

(b) The Commission shall have the right to call-off the Work in the form of WO within a

period of 3 years from the Effective Date (hereinafter referred to as the “Call-off Period”).

The commencement and completion date for the performance of the Work (hereinafter

referred to as “Commencement Date” and “Completion Date”, respectively) will be set

out in the respective WO. This sub-clause (b) shall also apply to any extension exercised

under sub-clause (c) below.

(c) The Commission shall have the option to extend the Call-off Period once for a two (2)

years period, subject to the availability of funds, under the same terms and conditions as

those of this Contract. The Commission will inform the Contractor about its intention to

extend the Work at least one (1) month prior to the expiry of the Contract. The optional

extension will be implemented through a written notification to the Contractor by the

Commission.

4 STANDARD OF WORK


The Contractor shall perform the Work in a workmanlike manner in conformity with standard

professional practices, using qualified personnel and in strict accordance with the Contract. The

Contractor shall furnish the highest skill and judgement and cooperate with the Commission,

including all the Commission's consultants and agents, in best furthering the interests of the

Commission and the aim of this Contract. The Contractor shall provide efficient business

administration and supervision, and it shall perform the Work in the best way and in the most

expeditious and economical manner consistent with the requirements of the Contract.

5 RESPONSIBILITIES OF THE CONTRACTOR

(a) The Contractor shall provide the Work described in Annex B.

(b) The Contractor shall provide qualified English-speaking personnel as necessary to perform

the Work under this Contract. The key persons shall be available for possible tasks related

to the Work throughout the duration of the Contract period. Any replacement of the key

personnel shall be made in accordance with Clause 7 of Annex A.

6 ORGANISATION OF CONTRACT IMPLEMENTATION

(a) During the term of the Contract, the Commission has the right, but not the obligation, to

initiate performance of Services through the issuance of individual WO in accordance with

the requirements of Annex B based on the firm fixed unit prices set out in Annex C. The

Contractor shall not perform any Work if not requested by the Commission through a WO.

However, the Contractor may propose WO for Commission’s evaluation.

(b) The WO issued by the Commission shall be the basis for acceptance, invoicing and

payment of any Services performed by the Contractor.

(c) The performance of Services shall be made in full in accordance with the respective WO.

Partial service performance of a WO will not be accepted and reimbursed without prior

written agreement by the Commission.

(d) The Services shall be performed at the place and within the approved Work Plan specified

in the relevant WO.

(e) The Commission may revise a WO as and when it may deem necessary.

7 WARRANTY

(a) The provisions of Clause 28 of Annex A shall apply to the Work performed by the

Contractor.


(b) The Contractor shall ensure that the Commission shall experience no loss of service or

support level by sub-contractors or repair agents acting on behalf of the Contractor.

8 PERMITS, NOTICES, LAWS AND ORDINANCES

(a) The Contractor shall obtain and pay for all permits and inspections necessary for the

proper execution and completion of the Work that are customarily obtained upon

execution of this Contract and that are legally required at the time the Proposal is received

by the Commission.

(b) The Contractor shall give all notices required by the nature of the Work.

(c) If the Contractor notices that the Work or any part thereof required under this Contract is

not in accordance with applicable laws and Rules, or with technical or safety standards, it

shall promptly notify the Commission thereof in writing.

9 PROTECTION OF PERSONS AND PROPERTY

(a) The Contractor shall be responsible for initiating, maintaining and supervising all safety

precautions and programmes in connection with the Work.

(b) The Contractor shall take all reasonable precautions for the safety of, and shall provide all

reasonable protection to prevent damage, injury and loss to:

(i) all employees on the Commission’s premises and all other persons who may be

affected thereby;

(ii) all the Work, Equipment, its spare parts, materials and supplies to be incorporated

therein, whether in storage on or off the Commission’s premises, which are under

the care, custody or control of the Contractor or any of its subcontractors; and

(iii) other property on the Commission’s premises or adjacent thereto.

(c) The Contractor shall give all notices and comply with all applicable laws and Rules

bearing on the safety of persons and property and/or their protection from damage, injury

and loss.

(d) The Contractor shall erect and maintain, as required by existing conditions and progress of

the Work, all reasonable safeguards for the safety and protection of persons and property,


including posting danger signs and other warnings against hazards and promulgating

safety regulations.

(e) When the use or storage of combustible, explosive or other hazardous materials is

necessary for the execution of the Work, the Contractor shall exercise the utmost care and

shall carry on such activities under the supervision of properly qualified personnel.

(f) The Contractor shall be responsible for the prevention of accidents on the Commission’s

premises during the execution of the Work.

(g) In any emergency affecting the safety of persons or property, the Contractor shall

promptly act to prevent threatened damage, injury and loss.

(h) The Contractor shall promptly remedy all damage and loss to any property, referred to in

Sub-Clause (b) above, caused in whole or in part by the Contractor, any subcontractor, or

anyone directly or indirectly employed by any of them, or by anyone for whose acts any of

them may be liable and for which the Contractor is responsible under Sub-Clause (b)

above, except damage and loss attributable to the acts or omissions of the Commission or

anyone directly or indirectly employed by it, or of anyone for whose acts the Commission

may be liable, and not attributable to the fault or negligence of the Contractor. The

foregoing obligations of the Contractor are in addition to its obligations under Clause 9 of

Annex A.

10 RESPONSIBILITIES OF THE COMMISSION

The Commission shall designate members of its staff to act as points of contact for the

Contractor to ensure that the Services are carried out in accordance with Annexes B and C, and

shall promptly notify the Contractor thereof. The Commission shall respond promptly to

requests for information by the Contractor regarding the Services.

11 CONTRACT PRICE

(a) The Commission shall pay to the Contractor, in consideration of the full and proper

performance of its obligations under the Contract, as follows:

(i) For each WO issued during the firm Call-off Period specified in Clause 3(b), the firm

fixed unit prices pursuant to Annex C.


(ii) subject to sub-clause (b) below, for each WO issued during the optional extension of the

Call-off Period specified in Clause 3(c), the firm fixed unit prices pursuant to Annex C.

hereinafter referred to as the “Contract Price”.

(b) In the event that the Commission decides to extend the Call-off Period early, as foreseen in

Clause 3(c) of this Contract, the Contactor will be reimbursed for the person-days called off

in this period as follows:

(i) until the expiry of the initial Call-off Period, the daily rate set out in subparagraph

(a)(i) above;

(ii) after the expiry of the initial Call-off Period, the daily rate agreed for the respective

extension (subparagraph (a)(ii) above).

(c) The unit prices set out in Annex C shall be held fixed for the entire duration of the Contract.

(d) The Contract Price shall cover all costs and expenses incurred by the Contractor for the full

and proper performance of all relevant obligations under the Contract (including travel,

allowances, management and remuneration of the personnel, national income tax, medical

insurance, and social security contributions).

(e) No Taxes are applicable under this Contract.

12 PAYMENT

(a) The Contract Price shall be paid in arrears upon satisfactory completion of each WO and

submission of the following:

i) Invoice drawn up in accordance with this Clause 12;

ii) Any other documentation that might be required under the applicable WO.

(b) The Commission will make the payments to the Contractor on the basis of an invoice

submitted by the Contractor. All payments shall be made within 30 (thirty) days of the

receipt and acceptance of the invoice, provided that the Work has been satisfactorily

completed and has been accepted by the Commission.


(c) The making of any payment hereunder by the Commission shall not be construed as an

unconditional acceptance by the Commission of the Work accomplished by the Contractor

up to the time of such payment.

(d) The Contractor shall submit an invoice, either by mail/courier or as an attachment to an

email, directly to the relevant Party specified in the Notices Clause. Each invoice shall

contain the Contract number (CTBTO and SAP numbers), detailed banking instructions,

including the name and address of the Contractor’s bank, account number, account holder’s

name and SWIFT, IBAN and/or ABA codes for payment by electronic transfer.

13 TEMPORARY SUSPENSION OF WORK

The Commission may, at any time, temporarily suspend the Work, in whole or in part, being

performed by the Contractor under this Contract by giving 30 (thirty) days’ advance notice in

writing to the Contractor. The Work so suspended shall be resumed by the Contractor on the basis

of a revised time schedule and on terms and conditions to be mutually agreed upon between the

Parties.

14 DELAYS AND EXTENSION OF TIME

(a) If the Contractor is delayed at any time in the progress of the Work by any act or omission

of the Commission or by any of its employees, or by any other contractor employed by the

Commission, or by changes in the Work ordered by the Commission, or by any causes

beyond the Contractor’s reasonable control, or by any other cause which the Commission

determines may justify the delay, then the time for completion of the Work shall be

extended by an amendment to this Contract in accordance with Clause 20 below for such

reasonable time as the Commission may determine.

(b) Any request for extension of the time for reasons referred to in Clause 14(a) above shall be

submitted to the Commission not later than 20 (twenty) days after the commencement of

the delay, otherwise said request shall be deemed to be waived. Such request shall state

grounds for the delay and shall provide an estimate of the probable effect of such delay on

the progress of the Work.

15 CONTRACTOR’S CLAIMS AND REMEDIES


In no event shall the Contractor make any claim against the Commission for or be entitled to

additional costs or compensation resulting from any delays in the progress or completion of the

Work or any portion thereof, whether caused by the acts or omissions of the Commission,

including, but not limited to, damages related to overheads, loss of productivity, acceleration due

to delay and inefficiency. The Contractor’s sole remedy in such event shall be an extension of

time for completion of the Work, provided the Contractor otherwise meets the requirements and

conditions set forth in this Contract.

16 ENTIRE AGREEMENT

This Contract represents the final agreement in respect of the Services and shall supersede all

prior agreements and representations between the Parties in this respect. Annexes A to C shall

constitute integral parts of this Contract and shall be of full force and effect.

17 DISCREPANCIES

If there are discrepancies or conflicts between any of the documents that are part of this Contract,

the document to prevail shall be given precedence in the following order:

(i) this document;

(ii) General Conditions of Contract (Annex A);

(iii) Terms of Reference (Annex B);

(iv) Contractor’s Proposal (Annex C);

(v) The relevant WO.

18 SEVERABILITY

If any term and/or provision of this Contract is or becomes invalid, illegal or unenforceable, the

validity, legality and enforceability of the remaining provisions of this Contract shall not in any

way be affected or impaired thereby.

19 NO WAIVER

Failure by a Party to enforce a right shall not be deemed to be a waiver of that right unless

otherwise expressly provided in this Contract.


20 CONTRACT AMENDMENT

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

contractual relationship with the Contractor shall be valid unless approved in the form of a written

amendment to this Contract, signed by duly authorized Representatives of the Contractor and of

the Commission.

21 TRANSMISSION OF NOTICES AND OTHER DOCUMENTS

Notices, invoices, reports and other documentation under the Contract shall be delivered or sent to

the relevant Party as follows (or to such person/title, address, facsimile number or email address as

the Party may substitute by notice after the date of the Contract):

(a) The Commission:

For Contractual Issues:

Chief, Procurement Section Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6350 Fax: + (43 1) 26030 5948 E-mail: [email protected]

For invoices and related enquiries:

Accounts Payable CTBTO Financial Services Section Vienna International Centre Wagramerstrasse 5, P.O. Box 1200 1400 Vienna, Austria Tel: + (43 1) 26030 6292 E-mail [email protected]

(b) The Contractor:

XXX

22 Effectiveness

(a) Except as provided below, any communication in connection with the Contract will be

deemed to be given as follows:

(i) if delivered in person, at the time of delivery;

(ii) if by registered mail or courier, when received;

(iii) if by fax, when received in legible form;


(iv) if by electronic communication, when retrievable by the Commission in document form.

(b) A communication given under Clause 22(a) above that is received or becomes retrievable

on a non-working day or after business hours at the seat of the Commission will only be

deemed to be given on the next working day of the Commission.


IN WITNESS hereof, the duly authorized Representatives of the Parties have executed this Contract:

For and on behalf of the PREPARATORY COMMISSION FOR THE COMPREHENSIVE

NUCLEAR-TEST-BAN TREATY ORGANIZATION:

________________________________________________________________________

Date: __________________ Place: ____________________

For and on behalf of XXXX:

_________________________________________________________________________

Date: ___________________ Place: ______________________

ANNE� A

Genera� Conditions of Contract

1. DEF�N��N�

(a) �n t�ese �enera� conditions of contract t�e ter�s �e�innin� �it� a ca�ita� �etter s�a�� a�e t�e �eanin� as defined in t�e Contract�

(�) o �e rendered �nder t�e Contract�

(c)and�or ot�er s��ies to �e �ro�ided �nder t�e Contract�

(inc��din� �a��e added ta�� enera� sa�es ta� or �oods and ser�ices ta�)� assess�ents� fees� c�sto�s d�ties� �iens and c�ar�es in as ��c� as t�e� are �e�ied in conc��sion or i��e�entation of t�e Contract� inc��din� c�sto�s restrictions and c�ar�es of si�i�ar nat�re in res�ect of artic�es i��orted or e��orted for t�e

�. �E�A� ��A��

��e Contractor s�a�� e considered as �a�in� t�e �e�a� stat�s of an inde�endent contractor �is��is t�e Co��ission� �eit�er t�e Contractor and an� s��contractor� nor t�eir �ersonne� s�a�� e considered to �e an e��o�ee or an a�ent of t�e Co��ission�

�. A��N�EN�

��e Contractor s�a�� not assi�n� transfer� ��ed�e or �a�e ot�er dis�osition of t�e Contract or an� �art t�ereof� or an�

Contract e�ce�t �it� t�e �rior �ritten consent of t�e Co��ission�

�. ��N��A��N�

�n t�e e�ent t�e Contractor re��ires t�e ser�ices of one or �ore s��contractors� t�e Contractor s�a�� o�tain t�e �rior �ritten a��ro�a� and c�earance of t�e Co��ission for s�c� s��cos��contractor s�a�� not re�ie�e t�e Contractor of an� of �is o��i�ations �nder t�e Contract� and t�e ter�s of an� s��contract s�a�� e s��ect to and in confor�it� �it� t�e �ro�isions of t�e Contract�

�. ��E �F �N��N�

(a) ��e Contractor s�a�� neit�er see� nor acce�t instr�ctions fro� an� a�t�orit� e�terna� to t�e

Co��ission in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� ��e Contractor s�a�� refrain fro� an� action ��ic� �a� ad�erse�� affect t�e Co��ission and s�a�� f��fi� its co��it�ents �it� t�e f��est re�ard to t�e interests of t�e Co��ission�

(�)of t�e Contractor s�a�� at a�� ti�es� o�e� and confor� to a�� re��ests aofficia�s and t�e �nited �ations �ec�rit� �taff�

�.F�� E��EE�

��e Contractor s�a�� e res�onsi��e for t�e �rofessiona� and tec�nica� co��etence of its e��o�ees and �i�� se�ect� for t�e �erfor�ance �nder t�e Contract� re�ia��e indi�id�a�s ��o �i�� erfor� effecti�e�� in t�e i��e�entation of t�e Contract� res�ect t�e �oca� c�sto�s and confor� to a �i�� standard of �ora� and et�ica� cond�ct�

�. A��N�EN� �F �E��NNE�

(a) ��e Contractor s�a�� not re��ace or �it�dra� an� �ersonne� referred to in t�e Contract for t�e �erfor�ance of t�e �er�ices �it�o�t t�e �rior �ritten a��ro�a� of t�e Co��ission or �n�ess re��ested �� t�e Co��ission�

(�) �rior to assi�n�ent� re��ace�ent or �it�dra�a� of �ersonne� for t�e �erfor�ance of t�e �er�ices� t�e Contractor s�a�� s��it to t�e Co��ission for its consideration� t�e c�rric�� itae or detai�ed ��stification to �er�it e�a��ation �� t�e Co��ission of t�e i��act ��ic� s�c� assi�n�ent� re��ace�ent or �it�dra�a� �o��d �a�e on t�e �er�ices�

(c) �n t�e e�ent of �it�dra�a� of �ersonne�� a�� costs and additiona� e��enses res��tin� fro� t�e re��ace�ent� for

s�a�� e for t�e acco�nt of t�e Contractor� ��c� �it�dra�a� s�a�� not �e considered as ter�ination in �art or in ��o�e of t�e Contract�

�. ��NF�� F �N�E�E��

�o e��o�ee� officer� ad�iser� a�ent and�or s��contractor of t�e Contractor assi�ned to �erfor� �er�ices �nder t�e Contract s�a�� en�a�e� direct�� or indirect�� in an� ��siness� �rofession or occ��ation connected or re�ated to t�e �er�ices or Goods to �e �ro�ided �nder t�e Contract if t�is constit�tes a conf�ict of interest�

ANNEX A

�

�. �N��AN�E�

(a) ��e Contractor s�a�� ro�ide and t�ereafter �aintain a��ro�riate ins�rance� or its e��i�a�ent� �it� res�ect to its e��o�ees to co�er c�ai�s for �ersona� in��r� or deat� in connection �it� t�e Contract�

(�) ��e Contractor s�a�� ro�ide and t�ereafter �aintain ins�rance a�ainst a�� ris� in res�ect of its �ro�ert� and an� e��i��ent �sed for t�e e�ec�tion of t�e Contract�

(c) ��e Contractor s�a�� a�so �ro�ide and t�ereafter �aintain �ia�i�it� ins�rance in an ade��ate a�o�nt to co�er t�ird �art� c�ai�s for deat�� odi�� in��r�� oss of and da�a�e to �ro�ert� arisin� fro� an� o�erations carried o�t �� t�e Contractor in �erfor�in� its o��i�ations in connection �it� t�e Contract or fro� o�eration of an� �e�ic�es� �oats� air��anes and ot�er e��i��ent o�ned or �eased �� t�e Contractor or its a�ents� ser�ants� e��o�ees or s��contractors�

(d) ��ce�t for ins�rance �entioned in �ara�ra�� (a)� t�e ins�rance �o�icies �nder t�is c�a�se s�a��(i) �a�e t�e Co��ission as additiona� �eneficiar�� (ii)

ri��ts to t�e ins�rance carrier a�ainst t�e Co��ission�

(e) ��e Contractor s�a�� on re��est� �ro�ide t�e Co��ission �it� satisfactor� e�idence of t�e ins�rance re��ired �nder t�e Contract�

(f) �n� a�o�nts not ins�red� not reco�ered fro� or not c�ai�ed �� t�e ins�rer s�a�� e �orne �� t�e Contractor�

(�) �nfor�ation concernin� red�ction of co�era�e s�a�� e f�rnis�ed �� t�e Contractor to t�e Co��ission �it� at �east t�irt� (��) da�s �rior �ritten notice�

(�) ��e Contractor �nderta�es t�at �ro�isions to t�e sa�e effect as t�e �ro�isions in s��c�a�ses (a) t�ro�� (c) a�o�e �i�� e inserted in a�� s��contracts �ade in �erfor�ance of t�e Contract� e�ce�t s��contracts e�c��si�e�� for f�rnis�in� Goods�

1�. EN��AN�E��EN�

��e Contractor s�a�� not ca�se or �er�it an� �ien� attac��ent or ot�er enc��rance �� an� �erson to �e ��aced on fi�e in an� ��ic office or on fi�e �it� t�e Co��ission a�ainst an� �onies d�e or to �eco�e d�e for an� �er�ices or Goods �ro�ided �nder t�e Contract� or �� reason of an� ot�er c�ai� or de�and a�ainst t�e Contractor�

11.��E��AN�E �F ��E �A�

(a) ��e Contractor s�a�� co�� it� a�� a�s� ordinances� r��es and re��ations� inc��din� ��t not �i�ited to �ea�t�� en�iron�enta� and �a�o�r �a�s �earin� ��on t�e �erfor�ance of its o��i�ations �nder t�e ter�s of t�e Contract�

(�) �n �artic��ar� t�e Contractor s�a�� co�� it� t�e �a�o�r �a�s of t�e co�ntr� in ��ic� t�e �er�ices or Goods are to �e f�rnis�ed �ro�idin� for �enefits co�erin� in��r� or deat� in t�e co�rse of e��o��ent�

1�.��NF�DEN��A��

(a) �� tec�nica�� financia� or ot�er doc��entation and data t�e Contractor co��i�ed for or recei�ed fro� t�e Co��ission �nder t�e Contract s�a�� e treated as confidentia� and s�a�� e de�i�ered on�� to t�e

�er�ices or as re��ested �� t�e Co��ission�(�) �it�er �art� ac�no��ed�es t�at a�� no��ed�e and

infor�ation concernin� t�e ot�er �art� t�at �a� �e ac��ired in connection �it� t�e �erfor�ance of its o��i�ations �nder t�e Contract� inc��din� ��t not �i�ited to� an� infor�ation re�atin� to its o�erations and �roced�res� are confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� and it s�a�� recei�e s�c� confidentia� and �ro�rietar� infor�ation of t�e ot�er �art� in confidence and s�a�� not disc�ose or �er�it disc�os�re of an� s�c� �no��ed�e or infor�ation to an� �erson and�or entit� �it�o�t t�e �rior �ritten consent of t�e ot�er �art��

(c) ��e Contractor s�a�� not� at an� ti�e� �se s�c� confidentia� infor�ation to its o�n ad�anta�e�

(d) ��e restrictions on confidentia�it� s�a�� not a�� to t�e infor�ation ��ic��(i) �resent�� is in t�e ��ic do�ain�(ii) �ereafter �eco�es �art of t�e ��ic do�ain �it�o�t

(iii) �as in t�e �ossession of t�e ot�er �art� at t�e ti�e of t�e disc�os�re� as s�o�n �� ritten e�idence�

(i�) is disc�osed to t�e ot�er �art� at an� ti�e �ereafter �� a t�ird �art��

(�) is re��ired to �e disc�osed to �o�ernin� �odies� or to �o�ern�enta� a�t�orities to t�e e�tent re��ired �� a� or to o�tain needed a�t�ori�ation to �erfor� t�e Contract or ��rs�ant to re�ortin� re��ire�ents i��osed �� t�ose �o�ernin� �odies or t�e �o�ern�ent of t�e �tate of t�e Contractor�

(e) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract �� t�e Co��ission�

1�.�AN��A�E�� E�� AND �EA��E�

�n�ess ot�er�ise s�ecified in t�e Contract� t�e �n��is� �an��a�e s�a�� e �sed �� t�e Contractor in a�� ritten co��nications to t�e Co��ission �it� res�ect to t�e �er�ices or Goods to �e �ro�ided and a�� doc��ents �roc�red or �re�ared �� t�e Contractor� ��e Contractor s�a�� se �etric �nits� e�ce�t ��en ot�er�ise s�ecified in t�e Contract�

1�.��

(a) ��e Contractor s�a�� not ad�ertise or ot�er�ise �a�e ��ic t�e fact t�at it is �ro�idin� or �as �ro�ided �er�ices and Goods for t�e Co��ission� ��so� t�e Contractor s�a�� not� in an� �anner ��atsoe�er� �se t�e na�e� e��e� or officia� sea� of t�e Co��ission or an� a��re�iation of t�e na�e of t�e Co��re�ensi�e ��c�ear��est��an �reat� �r�ani�ation in connection �it� its ��siness or ot�er�ise�

(�) ��ese o��i�ations do not �a�se ��on satisfactor� co��etion of t�e �er�ices� de�i�er� of t�e Goods or ter�ination of t�e Contract�

�

1�.�FF��A� N�� ENEF��N��N�EN� FEE�

(a) ��e Contractor �arrants t�at�(i) �o �erson or se��in� a�enc� �as �een e��o�ed or

retained �� it to so�icit or sec�re t�e Contract ��on an a�ree�ent or �nderstandin� for a co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer� e�ce�t re��ar e��o�ees or �ona fide and officia�� esta��is�ed co��ercia� or se��in� a�encies �aintained �� t�e Contractor for t�e ��r�ose of sec�rin� ��siness�

(ii) �o officia� or ser�ant or retired e��o�ee of t�e Co��ission ��o is not a re��ar e��o�ee of t�e Contractor� �as �een or s�a�� e ad�itted �� t�e Contractor to an� direct or indirect �enefit arisin� fro� t�e Contract or t�e a�ard t�ereof�

(�) �n case of �reac� �� t�e Contractor of t�e �arranties referred to in �re�io�s c�a�ses� t�e Co��ission s�a�� a�e t�e ri��t to ded�ct fro� t�e Contract �rice� or ot�er�ise reco�er fro� t�e Contractor� t�e f�� a�o�nt of an� s�c� co��ission� �ercenta�e� �ro�era�e� contin�ent fee or retainer so �aid�

1�. �N�E��E��A� ��E�� AND ��E� ��E�A��

(a) ��ce�t to t�e e�tent t�e Contractor �as �ranted a �icense to t�e Co��ission� t�e Co��ission� s�a�� e entit�ed to a�� inte��ect�a� �ro�ert�� inc��din� ��t not �i�ited to co��ri��ts� �atents and trade�ar�s� �it� re�ard to �rod�cts� doc��ents or ot�er �ateria�s ��ic� �ear a direct re�ation to or are �rod�ced or co��ected �nder t�e Contract� ��e Contractor s�a�� ta�e a�� necessar� ste�s� �re�are and �rocess a�� necessar� doc��ents and assist in sec�rin� s�c� �ro�ert� ri��ts and transferrin� t�e� to t�e Co��ission and�or to t�e �o�ern�ent ��ere t�e �er�ices or Goods are to �e �ro�ided� in co��iance �it� t�e re��ire�ents of t�e a��ica��e �a��

(�) ��e Contractor dec�ares t�at it does not �no� of an� inte��ect�a� �ro�ert� ri��ts of t�ird �arties� ��ic� �i��t �e infrin�ed in t�e e�ec�tion of t�e Contract� ��o��d� contrar� c�ai�s �e raised a�ainst t�e Co��ission c�ar�in� it �it� infrin�e�ent of inte��ect�a� �ro�ert� ri��ts� t�e Contractor s�a�� o�d �ar��ess t�e Co��ission and s�a�� inde�nif� it to t�e f�� e�tent of an� da�a�es or a�ards arisin� fro� s�c� c�ai�s� ��is o��i�ation of t�e Contractor s�a�� contin�e to �e in f�� force and effect �� to t�e e��iration of s�c� inte��ect�a� �ro�ert� ri��ts�

(c) ��e Co��ission s�a�� i�e t�e Contractor d�e notice in �ritin� of an� c�ar�es of infrin�e�ent �ro��t a�ainst t�e Co��ission and of t�e fi�in� of an� s�it for infrin�e�ent of inte��ect�a� �ro�ert� ri��ts of t�ird �arties d�e to t�e e�ec�tion of t�e Contract� and��it�o�t �re��dice to t�e i��nit� en�o�ed �� t�e Co��ission as an internationa� or�ani�ation fro� e�er� for� of �e�a� �rocess� inc��din� enforce�ent and e�ec�tion� t�e Co��ission s�a�� i�e t�e Contractor t�e o��ort�nit� to defend t�e Co��ission a�ainst t�e said s�it at its discretion and s�a�� not�

�ritin�� a�e an� ad�ission or consent to an� c�ai� of an� t�ird �art��

�osition�

1�.DEFA�� E ��N��A��

(a) �n case t�e Contractor fai�s to f��fi� its o��i�ations and res�onsi�i�ities �nder t�e Contract and �ro�ided t�e Contractor �as not re�edied s�c� fai��re(s) �it�in t�irt� (��) da�s of �a�in� �een �i�en �ritten notification �� t�e Co��ission of t�e nat�re of t�e fai��re(s)� t�e Co��ission �a�� at its entire discretion and �it�o�t �re��dice to its ri��t to �it��o�d �a��ent(s)� �o�d t�e Contractor in defa��t �nder t�e Contract�

(�) ��en t�e Contractor is t��s in defa��t� t�e Co��ission �a�� i�in� �ritten notice to t�e Contractor� ter�inate t�e Contract as a ��o�e or s�c� �art or �arts t�ereof in res�ect of ��ic� t�e Contractor is in defa��t� ��on s�c� notice� t�e Co��ission s�a�� a�e t�e ri��t

�art or t�ose �arts of t�e Contract �it� res�ect to ��ic� t�e Contractor is in defa��t�

(c) ��e Contractor s�a�� in t�is case� �e so�e�� res�onsi��e for an� reasona��e costs of co��etion of t�e �er�ices and�or de�i�er� of Goods� inc��din� s�c� costs� ��ic� are inc�rred �� t�e Co��ission o�er and a�o�e t�e ori�ina�� a�reed Contract �rice�

1�.��D�N� �F �A��EN�

(a) ��e Co��ission �a� �it��o�d an� �a��ent to t�e Contractor or� on acco�nt of s��se��ent�� disco�ered e�idence� n��if� t�e ��o�e or �art of an� �a��ent a��ro�a� t�eretofore �i�en� to s�c� an e�tent as �a� �e necessar� to �rotect t�e Co��ission fro� �oss �nder t�e Contract on acco�nt of�(i)

or to �a�e ade��ate �ro�ress �it� t�e o��i�ations� e�ce�t for fai��re arisin� o�t of force �a�e�re�

(ii)�erfor�ance� ��en s�c� fai��re �as �een dra�n to �is attention �� t�e Co��ission�

(iii)re�orts re��ired�

(�) ��e �it��o�din� �� t�e Co��ission of an� interi� n to

contin�e �erfor�ance of �is o��i�ations �nder t�e Contract�

(c) �o interest s�a�� accr�e on �a��ents e�ent�a�� it��e�d �� t�e Co��ission in a��ication of t�e sti��ations of t�is �ara�ra��

1�.��DA�ED DA�A�E�

��ect to C�a�se �� e�o� (force �a�e�re)� if t�e Contractor fai�s to de�i�er an� or a�� of t�e �er�ices and�or Goods �it�in t�e �atest ti�e �eriod(s) s�ecified in t�e Contract� t�e Co��ission �a�� it�o�t �re��dice to its ot�er re�edies �nder t�e Contract� ded�ct fro� t�e Contract �rice as �i��idated da�a�es� a s�� e��i�a�ent to �� er cent of t�e �ortion of t�e Contract �rice for t�e de�a�ed �er�ices and�or Goods for eac� �or�in� da� of

�

de�a� �nti� act�a� �erfor�ance� �� to a �a�i�� of si�t� (��) �or�in� da�s� ��e reco�er� �� t�e Co��ission of �ro�en da�a�es s�a�� not �e e�c��ded�

��.F��E �A�E��E

(a) �orce �a�e�re as �sed �erein s�a�� ean acts of God� ind�stria� dist�r�ances� acts of t�e ��ic ene�� ci�i� dist�r�ances� e��osions and an� ot�er si�i�ar ca�se of e��i�a�ent force not ca�sed �� nor �it�in t�e contro� of eit�er �art� and ��ic� neit�er �art� is a��e to o�erco�e�

(�) �s soon as �ossi��e after t�e occ�rrence of an� ca�se constit�tin� force �a�e�re� t�e Contractor s�a�� i�e notice and f�� artic��ars in �ritin� to t�e Co��ission of s�c� force �a�e�re if t�e Contractor is t�ere�� rendered �na��e� ��o�� or in �art� to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract�

(c) �n t�is e�ent� t�e fo��o�in� �ro�isions s�a�� a��(i) ��e o��i�ations and res�onsi�i�ities of t�e

Contractor �nder t�e Contract s�a�� e s�s�ended to t�e e�tent of its ina�i�it� to �erfor� t�e� and for as �on� as s�c� ina�i�it� contin�es�

(ii) ��e ter� of t�e Contract s�a�� e e�tended for a �eriod e��a� to t�e �eriod of s�s�ension ta�in�� o�e�er� into acco�nt an� s�ecia� conditions ��ic� �a� ca�se t�e ti�e for co��etion of t�e o��i�ations to �e different fro� t�e �eriod of s�s�ension�

(iii) �f t�e Contractor is rendered �er�anent�� na��e� ��o�� or in �art� �� reason of force �a�e�re to �erfor� its o��i�ations and �eet its res�onsi�i�ities �nder t�e Contract� t�e Co��ission s�a�� a�e t�e ri��t to ter�inate t�e Contract on t�e sa�e ter�s and conditions as are �ro�ided for in t�e �er�ination C�a�se of t�e Contract� e�ce�t t�at t�e �eriod of notice �a� �e se�en (�) da�s instead of t�irt� (��) da�s�

i�) �or t�e ��r�ose of t�e �recedin� s��c�a�se� t�e Co��ission �a� consider t�e Contractor �er�anent�� na��e to �erfor� in case of an� �eriod of s�s�ension in e�cess of ninet� (��) da�s� �n� s�c� �eriod of ninet� (��) da�s or �ess s�a�� e dee�ed te��orar� ina�i�it� to �erfor��

�1. �N��EN�� AND �AN��

��o��d t�e Contractor �e inso��ent� ad��d�ed �an�r��t� or s�o��d t�e Contractor �a�e a �enera� assi�n�ent for t�e �enefit of its creditors� or s�o��d a recei�er �e a��ointed on

�a�� it�o�t �re��dice to an� ot�er ri��t or re�ed� it �a� �a�e �nder t�e ter�s of t�e Contract� ter�inate t�e Contract fort��it� �� i�in� t�e Contractor �ritten notice of s�c� ter�ination�

��. �NDE�N�F��A��N

��e Contractor s�a�� inde�nif�� o�d and sa�e �ar��ess and defend at its o�n e��ense t�e Co��ission� its officers� a�ents� ser�ants and e��o�ees fro� and a�ainst a�� s�its� c�ai�s� de�ands and �ia�i�it� of an� nat�re or �ind� inc��din� cost and e��enses arisin� o�t of acts or o�issions

of t�e Contractor or its e��o�ees or s��contractors in t�e �erfor�ance of t�e Contract� ��is re��ire�ent s�a�� e�tend� inter a�ia� to c�ai�s or �ia�i�ities in t�e nat�re of

�ertainin� to inte��ect�a� �ro�ert� ri��ts� ��e o��i�ations �nder t�is c�a�se do not �a�se ��on ter�ination of t�e Contract�

��.A��A��E �E��E�EN�

��e �arties s�a�� se t�eir �est efforts to sett�e a�ica�� t�ro�� ne�otiation an� dis��te� contro�ers� or c�ai� arisin� o�t of� or re�atin� to� t�e Contract or t�e �reac�� ter�ination or in�a�idit� t�ereof� �f t�e �arties cannot reac� s�c� a�ica��e sett�e�ent t�ro�� ne�otiations� t�e �atter s�a�� first �e referred to conci�iation� �� a re��est �� eit�er �art� for conci�iation �roced�res� ��e conci�iation s�a�� ta�e ��ace in accordance �it� t�e �nited �ations Co��ission on �nternationa� �rade �a� (��C��) Conci�iation ��es t�en �re�ai�in�� or accordin� to s�c� ot�er �roced�re as �a� �e a�reed �et�een t�e �arties� �it�in a ti�e �eriod of ninet� (��) da�s� ��ere s�a�� e one conci�iator� ��e conci�iation s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

��.A��A��N

(a) �n t�e e�ent of a fai��re to reac� an a�ica��e sett�e�ent in accordance �it� C�a�se �� a�o�e (a�ica��e sett�e�ent)� an� dis��te arisin� o�t of t�e inter�retation or a��ication of t�e ter�s of t�e Contract or an� �reac� t�ereof s�a�� e sett�ed in accordance �it� t�e ar�itration r��es esta��is�ed �� C�� as at �resent in force� ��e n��er of ar�itrators s�a�� e one� ��e ar�itration s�a�� e in �ienna� ��stria� and it s�a�� e cond�cted in t�e �n��is� �an��a�e�

(�) ��e ar�itrator s�a�� ta�e into acco�nt t�e internationa�� reco�ni�ed �enera� �rinci��es of co��ercia� transactions� ��e ar�itrator s�a�� a�e no a�t�orit� to a�ard ��niti�e da�a�es� nor to a�ard interest in e�cess of fi�e (�) �er cent� and an� s�c� interest s�a�� e si��e interest on�� e �arties s�a�� e �o�nd �� an� ar�itration a�ard rendered as a res��t of s�c� ar�itration as t�e fina� ad��dication of an� s�c� dis��te�

��.��E�E� AND ��N��E�

�ot�in� in or re�atin� to t�e Contract s�a�� e dee�ed a �ai�er of an� of t�e �ri�i�e�es and i��nities of t�e Co��ission and its e��o�ees�

��. �A� E�E��N

�n �rinci��e� t�e Co��ission is e�e��t fro� a�� a�es� �ince t�e arran�e�ent �nder ��ic� s�c� e�e��tion is res�ected �aries fro� co�ntr��to�co�ntr�� t�e Contractor s�a�� co��a�orate �it� t�e Co��ission to ac�ie�e �a� e�e��tion at so�rce or to ��rs�e rei��rse�ent of �a�es �aid �� t�e Co��ission� as t�e case �a� �e�

��.�E��NA��N

��e Co��ission �a� ter�inate t�e Contract in ��o�e or in �art� and at an� ti�e� ��

ter�ination to t�e Contractor� �n t�e e�ent s�c� ter�ination

Co��ission s�a�� e �ia��e to t�e Contractor for �a��ent in res�ect of �er�ices a�read� satisfactor� acco��is�ed or Goods de�i�ered and acce�ted and in confor�it� �it� t�e ter�s of t�e Contract� for necessar� ter�ina� e��enses of t�e Contractor� and for t�e cost of s�c� �r�ent �or� as is essentia� and as t�e Contractor is as�ed �� t�e Co��ission to co��ete� ��e Contractor s�a�� ee� e��enses at a �ini�� and s�a�� not �nderta�e an� for�ard co��it�ent

ter�ination�

��.��D�

�n t�e e�ent t�at t�e Contract re��ires t�e Contractor to s�� Goods� t�e fo��o�in� c�a�ses s�a�� a�� in addition to t�e a�o�e�

��.�A��AN��

(a) ��e Contractor �arrants t�at t�e Goods� inc��din� �ac�a�in�� confor� to t�e s�ecifications for t�e Goods ordered �nder t�e Contract and are fit for t�e ��r�ose for ��ic� s�c� Goods are ordinari�� sed and for ��r�oses e��ress�� ade �no�n to t�e Contractor �� t�e Co��ission� and are ne� and free fro� defects in desi�n� �or��ans�i� and �ateria�s�

(�) ��is �arrant� s�a�� re�ain �a�id for t�ent��fo�r (��) �ont�s after t�e Goods or an� �art t�ereof �a�e �een de�i�ered and acce�ted� ��ic�e�er is �ater� �n�ess t�e Contractor �as �ranted a �on�er �eriod� ��o��d t�e Co��ission transfer t�e tit�e of t�e Goods to a t�ird �art� d�rin� t�e �arrant� �eriod� t�e ri��t to en�o� t�e �arrant� s�a�� e transfera��e to t�e ne� tit�e��o�der�

(c) �f� d�rin� t�e �arrant� �eriod �entioned in ��c�a�se (�) a�o�e� t�e Goods or an� �art t�ereof are fo�nd to �e defecti�e or not in confor�it� �it� t�e s�ecifications �nder t�e Contract� t�e Contractor s�a�� on notification� �ro��t�� and at its o�n e��ense correct a�� s�c� defects and non�confor�ities� �f t�ese defects and non�confor�ities cannot �e corrected� t�e Co��ission s�a�� a�e t�e ri��t� at t�e Contractor�s e��ense� to eit�er de�and re��ace�ent of t�e defecti�e ite�� or recei�e a��ro�riate rei��rse�ent� or �a�e t�e defecti�e ite� re�aired or ot�er�ise �roc�red fro� a t�ird �art��

��. �N��E��N� AND �E��

(a) ��e Co��ission s�a�� a�e t�e ri��t to ins�ect and�or to test t�e Goods to confir� t�eir confor�it� to t�e tec�nica� s�ecifications� ��e tec�nica� s�ecifications s�a�� s�ecif� ��at ins�ections and tests t�e Co��ission re��ires�

(�) ��e ins�ections and tests �a� �e cond�cted on t�e �re�ises of t�e Contractor or its s��contractor(s)� at a �oint of de�i�er� desi�nated �� t�e Co��ission and�or

�i�e a�� reasona��e faci�ities and assistance�inc��din� dra�in�s and �rod�ction data�to t�e Co��ission at no c�ar�e to t�e Co��ission�

(c) ��o��d an� ins�ected or tested Goods fai� to confor� to t�e tec�nica� s�ecifications� t�e Co��ission reser�es t�e ri��t to re�ect t�e� and t�e Contractor s�a�� eit�er re��ace t�e re�ected Goods or �a�e a�� a�terations necessar� to �eet s�ecification re��ire�ents free of cost to t�e Co��ission�

(d)

t�e �oint of de�i�er� desi�nated �� t�e Co��ission or

or �ai�ed �� reason of t�e Goods�een ins�ected� tested and �assed �� t�e Co��ission�

(e) �ot�in� in t�is �ection on �ns�ections and �ests s�a�� in an� �a� re�ease t�e Contractor fro� an� �arrant� or ot�er o��i�ations �nder t�e Contract�

(f) �� e��i��ent��ateria� s��ied �nder t�e Contract �a� �e s��ect to �re�s�i��ent ins�ection �� a t�ird �art� to �e s�ecified �� t�e Co��ission� ��e Contractor is not �ia��e for cost of t�is ins�ection�

��.�A��N�

��e Contractor s�a�� co�� or ens�re co��iance �it� t�e fo��o�in� �ro�isions concernin� �ac�in��

(a) ��e Goods s�a�� e �ac�ed as is re��ired to �re�ent t�eir da�a�e or deterioration d�rin� transit to t�eir fina� destination� ��e �ac�in� s�a�� e s�fficient to �it�stand� �it�o�t �i�itation� ro�� and�in� d�rin� transit�

(�) �n t�e case of a cross��order s�i��ent� t�e Goods s�a�� a�e a��ro�riate e��ort �ac�in�� f necessar�� a�� cases�crates ��st �e �ra��ed inside �it� �ea��d�t� ��astic �ined �a�er� s�o��d �e stee��stra��ed and ��st �e a��e to �it�stand to�� and�in�� ids for tr�c� �and�in� are i��erati�e if t�e �ross �ei��t is �ore t�an �� i�o�ra�s�

(c) ��e consi�n�ent s�a�� e �ar�ed and s�i��ed as �er address s�o�n on t�e ��rc�ase �rder �or��

(d) �eit�er �artia� de�i�er� nor trans�i��ent s�a�� e �ade �n�ess s�ecifica�� a�reed �� t�e Co��ission in �ritin��

(e) �ac� case�crate��ac�a�e s�a�� carr� a consec�ti�e n��er� di�ensions� �o��e� and �ei��t (i�e� Case �o� � of � cases� � � � � C c�� ) and s�a�� e �ar�ed as fo��o�s�

�� C�� C�� C�� G��oint of de�i�er��

��C�� G�� G�� G��

(f) �ar�in�s s�a�� e done �it� �eat�er�roof �ateria�s� �� non�containeri�ed Goods s�a�� e s�i��ed �e�o� dec��

(�) �ac� case�crate�carton s�a�� carr� (o�tside) a co�� of t�e �ac�in� �ist descri�in� t�e contents of t�e case�crate�carton� ��tside Case �o� � s�o��d �e

�

attac�ed �it� in�oice co�erin� t�e act�a� de�i�er�� e acco��an�in� �a�ers ��st �e �ade o�t in t�e �n��is� �an��a�e�

(�) �rior to de�i�er�� a fa� (or a �etter �� co�rier ser�ice) s�a�� e sent to t�e consi�nee� if an�� ad�isin� of t�e fo��o�in��

��rc�ase order�Contract n��er��a��i�� n��er or e��i�a�ent reference n��er of t�e s�i��ent (if an�)�n��er of �o�es�cartons�crates�etc��esti�ated ti�e of de�art�re (��)��oint of de�art�re and na�e of frei��t carrier�esti�ated ti�e of arri�a� (��) to fina� destination�

(i) ��e fo��o�in� doc��ents s�a�� e enc�osed �it� t�e s�i��ent in case of s�i��in� �� air�

air�a� �i��rofor�a or co��ercia� in�oice��ac�in� �ist�

(�) ��e a�o�e doc��ents are indis�ensa��e and ��st reac� t�e consi�nee� if an�� on ti�e to �er�it c�sto�s c�earance and in order to a�oid de��rra�e c�ar�es�

�1.DE��E�� AND ��AN��A��N

(a) �e�i�er� of t�e Goods s�a�� e �ade �� t�e Contractor in accordance �it� t�e ter�s s�ecified in t�e Contract� and t�e Goods s�a�� re�ain at t�e ris� of t�e Contractor �nti� de�i�er� �as �een co��eted�

(�) �rans�ort of t�e Goods to t�e �ort of disc�ar�e or s�c� ot�er �oint in t�e co�ntr� of destination and�or for�ardin� to t�e consi�nee� if an�� (door�to�door) s�ecified in t�e Contract s�a�� e arran�ed and �aid for �� t�e Contractor and t�e cost t�ereof s�a�� e inc��ded in t�e Contract �rice�

��.�A�E��E��AND��E�

��on s�ccessf�� co��etion of de�i�er� or of insta��ation and a testin� and e�a��ation �eriod� as s�ecified in t�e Contract� res�onsi�i�it� for t�e Goods �i�� e �anded o�er to t�e consi�nee or ot�er desi�nated entit��

��.E�� EN�E�

�f an e��ort �icence or an� ot�er �o�ern�enta� a�t�ori�ation is re��ired for t�e Goods� it s�a�� e t�e o��i�ation of t�e Contractor to o�tain s�c� �icence or �o�ern�enta� a�t�ori�ation� �n t�e e�ent of fai��re to o�tain s�c� �icence or a�t�ori�ation �it�in reasona��e ti�e� t�e Co��ission �a� dec�are t�e Contract n�� and �oid�

��.��A�E �A��

�n accordance �it� t�e Contract� t�e Contractor �a� �e re��ired to �ro�ide an� or a�� of t�e fo��o�in� �ateria�s and notifications �ertainin� to s�are �arts �an�fact�red and�or distri��ted �� t�e Contractor�

(a) ��c� s�are �arts as t�e Co��ission �a� c�oose to ��rc�ase fro� t�e Contractor� �ro�ided t�at t�e Contractor is not re�ie�ed of an� �arrant� o��i�ations �nder t�e Contract�

(�) �n t�e e�ent of ter�ination of �rod�ction of t�e s�are after de�i�er� of t�e Goods�(i) ad�ance notification to t�e Co��ission of t�e

�endin� ter�ination� in s�fficient ti�e to �er�it t�e Co��ission to ��ace a fina� order�

(ii) fo��o�in� s�c� ter�ination� f�rnis�in� at no cost to t�e Co��ission� t�e ��e�rints� dra�in�s and s�ecifications of t�e s�are �arts� if and ��en re��ested�

��. �N��ED NA��N� ��N�EN��N �N ��N��A�� F�� E �N�E�NA��NA� �A�E �F ��D�

��estions concernin� �atters arisin� �nder t�e Contract� ��t not sett�ed in it� s�a�� e sett�ed in confor�it� �it� t�e �nited �ations Con�ention on Contracts for t�e �nternationa� �a�e of Goods (�ienna� ��)� ��ic� s�a�� e a��ica��e to t�e Contract� ��e a��ica��e �an��a�e �ersion of t�e Con�ention s�a�� e t�e �ersion in ��ic� t�e Contract is �ritten�

� ��ri� ��

HA01 Call-off Contract May 2020

Page 1 of 20

Terms of Reference

Call-off Contract for Diving and Subsea Cable Maintenance Services

Hydroacoustic Station HA01

Cape Leeuwin (Augusta)

Western Australia

1 Background The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organisation (the Commission) installed the International Monitoring System (IMS) hydroacoustic station HA01 in Cape Leeuwin (Augusta, Western Australia) in 2001; the station has a design life of ~20 years.

Hydroacoustic stations, together with other stations within the Commission’s IMS, monitor the globe for signs of nuclear testing. Information about IMS hydroacoustic stations can be found here - https://www.ctbto.org/verification-regime/monitoring-technologies-how-they-work/hydroacoustic-monitoring/.

The HA01 station’s underwater system (UWS) is cabled to shore using a surface laid armoured electro-optical trunk cable encased in articulated iron split pipe out to ~700 m offshore. The UWS includes a seawater return cathode which is installed ~700 m offshore and cabled to shore. The cathode cable is also routed inside the single run of split pipe that encases the trunk cable. The cables are landed in Storm Bay (~2 km south of the Augusta River entrance).

The Commission’s HA01 sustainment programme includes periodic diver (SCUBA) inspections of the nearshore split pipe and cathode. During the March 2018 and March 2019 nearshore cable inspections, issues were noted from the shoreline out to ~100 m offshore with regard to a number of failing split pipe sections, extensive split pipe corrosion and split pipe suspensions on isolated rocks, Figure 1. Due to corrosion the individual split pipe sections in the very nearshore are fused together and no longer articulated.

Out to ~100 m offshore the sea bottom comprises sand with isolated larger boulders and fields of small boulders. The sand is highly mobile; sand levels have been seen to change on a day-to-day basis by in excess of 50 cm.

Between ~100 - 300 m offshore the split pipe routes through a field of larger boulders and is in a good condition.


Page 2 of 20

These Terms of Reference (ToR) define call-off diver and subsea cable maintenance services to support the sustainment of HA01’s nearshore split pipe, cathode and cables. Provision of these call-off services is required for a period of 3 years from the date of signature of the Contract. The Commission reserves the right to extend this call-off contract for an additional period of 2 years.

Figure 1: Nearshore cable route (out to ~100 m offshore); inserts show sections of failing split pipe and a suspension on an isolated boulder

2 Requirement

2.1 On-Site Call-off Services The Commission requires the provision of on-site call-off services in the following activity categories:

Call Off Service 1: Diver inspections of sections of the cable installation.

Call Off Service 2: Diver cable installation maintenance actions (planning and execution).

Provision of such call-off services is to be made available to the Commission for a period of 3 years from the date of signature of the Contract. The Commission reserves the right to extend this call-off contract for an additional period of up to a maximum of 2 additional years.

The Commission will action the required call-off services through issuance of Work Orders. The Contractor shall respond to a Work Order within 8 weeks, i.e. unless otherwise agreed


Page 3 of 20

between the Commission and the Contractor, the Contractor’s team shall be on-site no later than 8 weeks after the issuance of an agreed Work Order.

It can be expected that on-site works will likely only be conducted during the austral summer (September – April). In the event of the need to conduct urgent works, these may be conducted outside the austral summer period upon prior agreement between the Commission and the Contractor.

All works conducted shall be fully compliant with all relevant rules and regulations, e.g. divers, boat skipper and vessel are to be appropriately certificated to undertake the required works.

2.2 Baseline On-Site Work Requirement There is a pre-identified baseline work requirement for provision of on-site call-off services defined in these ToR. There is no guarantee of any additional work requirement for the provision of call-off services beyond this pre-identified baseline requirement, i.e. any work requirement beyond the baseline requirement will be identified during the course of the contract and the Contractor tasked accordingly with ad-hoc work-orders.

The baseline on-site work requirement is the following:

Diver inspection (Call-Off Service Category 1) and maintenance action (Call-Off Service Category 2) initially scheduled to be conducted late austral summer 2020/2021, or if this is not possible, conducted austral summer 2021/2022.

These baseline on-site works and any other work requirement will be actioned through the issuance of Work Orders which will be developed in collaboration with the Contractor.

2.3 General Information The Bidder shall note:

2.3.1 Call-Off Service Category 1: Diver inspections of sections of the cable installation

Most of the diving operations and maintenance actions will be conducted between the shoreline out to ~100 m offshore, water depths of 1 – 5 m. Dives further offshore may be tasked, these will likely be conducted up to 2 km offshore in water depths of up to 20 m, but may be further offshore and to deeper depths.

There will likely be a limited requirement for diver maintenance actions further offshore than ~100 m.

The dives will likely be a combination of beach dives and dives from a support vessel.

A dive support vessel will be required to support all dives including beach dives where the support vessel will provide safety boat cover, and may be used to deliver equipment to the dive site.

The Contractor shall obtain all required permits and permissions, and issue all required notices.

The Contractor shall liaise as required with all relevant stakeholders.

It is possible to launch and operate the dive support vessel from the Augusta Boat Harbour Facilities (Annex E).

Overnight storage for the dive support vessel on a road trailer is available at the HA01 shore facility site.


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There is a dive shop in Augusta.

2.3.2 Call-Off Service Category 2: Diver cable installation maintenance actions (planning and execution)

Task 1:Maintenance actions may require installation of stabilizing measures in the form of grout encased in jute (or similar) bags secured together using e.g. steel bar. Material to be used in any stabilization works are to be compliant with local laws and environmental regulations, pre-approved by the Commission and purchased by the Contractor.

Task 2: Split pipe maintenance actions may require excavation of the split pipes, preparation of the split pipe surface, the application of grout and/or other protection measures such as resins and putties, and the application of an outer protective layer, e.g. fibreglass.

Task 3: Excavation of the split pipe in preparation for maintenance actions involving installing stabilizing measures may require removal of sand cover to expose bedrock; this may likely require the use of sand airlift equipment.

2.3.3 Reporting

A Report covering the conduct of all on-site works, issues encountered and recommendations for future works shall be issued.

Extensive video and photographic records showing the conduct of all works and the completed works shall be provided.

2.3.4 Weather Forecasting Service

In support of on-site task planning, the Contractor is to subscribe to a detailed local weather forecasting service; a weather service from the meteogroup has previously been used to support marine activities at HA01 (https://www.meteogroup.com).

The weather forecasting service shall start one week prior to the start of on-site works and shall end on the last day of mobilization. Forecasts should be updated at least twice per day and shall be made available in PDF format to the Commission’s on-site representative.

2.3.5 Sub-Contracting

The Contractor may sub-contract services such as provision of a dive support vessel,

maintenance action support equipment, diver team support and provision of other marine

assets.

Within their Technical Proposal, the Bidder shall provide details of any such proposed sub-

contractors that are identified at the time of preparing their Proposal. Sub-contractor details

shall include a description of their capability and any experience that the Bidder has of

working with the sub-contractor. The choice of sub-contractor shall be such that the

required sub-contracted services can be delivered to meet the requirement that its team,

equipment, etc. shall to be on-site 8 weeks after issuance of an agreed Work Order, unless

advised otherwise by the Commission.

Any sub-contracting is subject to the Commission’s approval.


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2.4 Supporting Information The following supporting information is provided:

Annex A: Nearshore Cable Route and the Cable Shore Landing.

Annex B: Cable and Split Pipe Specifications.

Annex C: On-Land Access to the Cable Shore Landing Beach Area.

Annex D: Australian Nautical Chart 1681.

Annex E: Augusta Boat Harbour Facilities.

Annex F: Bathymetric Data from 2019 Survey.

Annex G: Weather Statistics and Sea Temperature.

3 Tasking, Conducting and Reporting On-Site Services

3.1 Work Orders On-site works will be tasked through Work Orders. For each Work Order the Commission and the Contractor shall mutually agree:

The works to be undertaken.

The works’ schedule.

The estimated number of days required to conduct the works.

The equipment and staff to be mobilised.

The consumables likely required.

In the event that the Contractor is delayed in the provision of the on-site service(s) specified in the

Work Order as a result of a Contractor caused delay, e.g. contractor equipment failure, no standby

or daily rate will be payable for this period of delay.

3.2 Dive Support Vessel Prior to each dive team mobilisation, the Contractor shall confirm its final selection of dive support vessel noting that the Commission reserves the right to reject any dive support vessel that it deems unsuitable.

The Contractor shall state the vessel’s availability to cover for weather delays and on-site maintenance actions that may be required in addition to the baseline requirement; such requirements will be addressed in each Work Order.

The Commission may wish to have a representative on the dive support vessel and to film operations. The Bidder shall state if such activity can be accommodated on the proposed dive support vessel.

3.3 Daily Activity Daily activity will be agreed between the Commission’s on-site representative and the Contractor’s on-site Manager. The Bidder is to note that the Commission’s on-site representative may be a sub-contractor to the Commission or an agent of the Commission, the Commission may additionally require remote participation in such meetings.


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Each day on-site the Contractor shall:

Hold a morning meeting with the Commission to review and confirm the tasks planned for the day.

Review the weather forecast(s).

Undertake the agreed works.

Hold an end of day meeting with the Commission to review progress and prepare an initial plan for the next day’s tasks.

Prepare and issue a daily report which shall include an initial plan for the next day’s tasks.

3.4 Reporting On completion of all the works within a Work Order the Contractor shall issue a Report which is to be supported by videos and photographs. The Report shall include as a minimum:

1. Detailed description of;

a. the tasks performed,

b. how the tasks were performed,

c. delays/schedule changes encountered,

d. equipment used to perform each task,

e. issues encountered and their remedy, and

f. the results/outcome of the conducted tasks.

2. Recommendations;

3. Appendices shall include;

a. daily logs,

b. marine/diving logs

c. granted permits/permissions/notices issued, and

d. daily weather forecasts.

The Contractor shall submit a draft report in electronic format with supporting

videos/photographs approximately 10 working days following the completion of the on-site

works. Approximately 5 working days after receipt of the draft report, the Commission will

provide its review comments. The final report addressing the Commission’s review

comments is to be issued approximately 5 working days later.

4 Completion of Work Order Tasks and Invoicing All Work Orders will include a final reporting task. Satisfactory completion of all Work

Order tasks will be confirmed by the Commission’s approval of this final report. After

issuance of this approval, the Contractor may invoice for the works.


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5 Baseline Work Orders Following Contract signature, the Commission will action the following baseline off-site and on-site works:

Off-Site Works - Work Order One will cover; o Kick off teleconference, o Contractor review of relevant documentation, and o Contractor review of previous diver inspection and survey results.

On-Site Works - Work Order Two will cover; o Planning and conduct of a diver inspection of specified sections of the cable route

to be undertaken during the austral summer 2020/2021, or austral summer 2021/2022, and

o Conduct of maintenance actions; o pre-defined, and o ad hoc as required.

Any subsequent Work Orders will be issued on an as required basis.


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Annex A: Nearshore Cable Route and the Cable Shore Landing

Figure A1: The Cable Landing at Storm Bay and General Layout

Figure A2: Storm Bay and the Augusta Boat Harbour. The Cable Route Runs between the 2 Dotted Lines


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Figure A3: Flinder’s Bay, Seaward Section of Storm Bay and the Augusta Boat Harbour

The trunk cable’s approximate nearshore route out to KP1.66 is detailed in Table A1.

Kilometer Point Cable Route Positions

Easting/Northing (UTM ZONE 50S, WGS84)

KP0.0 (Splice Pit) 6197869 / 331516

KP0.08 6197759 / 331551

KP0.72 (Cathode) 6197476 / 332127

KP0.94 6197351 / 332271

KP1.66 6197083 / 332926

Table A1: Approximate Nearshore Trunk Cable Route Coordinates out to KP1.66


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Annex B: Cable and Split Pipe Specifications

Figure B1: Trunk Cable - Alcatel URC1 Double Armour

Parameter Value Outer Diameter 31mm Weight in Air ~2kg/m

Breaking Strength ~225kN

Table B1: Trunk Cable - Alcatel URC1 Double Armour

Figure B2: Cathode Cable - Simplex SL LW

Parameter Value Outer Diameter 21mm Weight in Air 0.85kg/m

Breaking Strength 107kN

Table B2: Cathode Cable - Simplex SL LW


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Figure B3: Articulated Split Pipe Applied from KP0.0 – KP0.7 at the Time of Installation

Split Pipe Section Specification

(estimated dimensions)

Maximum Outer Diameter

0.18m

Minimum Outer Diameter

0.11m

Section Length 0.51m

Table B3: Approximate Dimensions of the Split Pipe Applied from KP0.0 - KP0.7


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Annex C: On-Land Access to the Cable Shore Landing Beach Area

Figure C1: Car Park (yellow dotted area), Footpath Access to Head of Storm Bay Beach (white and black corridors). Insert – Footpath to Storm Bay Beach


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Annex D: Australian Nautical Chart 1681

Figure D1: Australian Nautical Chart 1681 detailing the Nominal HA01 Cable Route and its

associated No-Anchorage Corridor within Flinder’s Bay


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Figure D2: Detail from Australian Nautical Chart 1681 Showing the Augusta Boat Harbour


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Annex E: Augusta Boat Harbour Facilities

(a) Launching Ramps

(b) Boat Jetty and Boat Pens

(c) Quayside

(d) Quayside Approach and Apron

Figure E1: Facilities Available at the Augusta Boat Harbour


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Annex F: Bathymetric Data from 2019 Survey

Figure F1: Nearshore Bathymetric Data from the Survey Conducted 2019


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Figure F2: Offshore Bathymetric Data from the Survey Conducted 2019


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Figure F3: Bathymetric Data in the Very nearshore and around the Entrance of the Augusta Boat Harbour from the Survey Conducted 2019

Figure F4: 3D View of Split Pipe looking Shoreward from ~100 m offshore


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Annex G: Weather Statics and Sea Temperature

Figure G1: Averaged Monthly Sea Surface Water Temperatures at Augusta

Data available at https://www.seatemperature.org/australia-pacific/australia/augusta-march.htm

Table G1: Cape Leeuwin Averaged Weather Statistics (1981-2010)


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Australian Government, Bureau of Meteorology, http://www.bom.gov.au

Figure G2: Cape Leeuwin Averaged Mean Wind Speeds at 0900 and 1500 (1981-2010)

Australian Government, Bureau of Meteorology - http://www.bom.gov.au

CTBTO Ref. No.: 2020-0060/HASAN · CTBTO Ref. No.: 2020-0060/HASAN Subject: Diving and Subsea Cable...

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