Undp Tur Rfp Proj Eeb 2011 2

7/27/2019 Undp Tur Rfp Proj Eeb 2011 2

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Annex 1 Instructions to Offerors

Request for Proposal (RFP) DATA SHEET

Employer: United Nations Development ProgrammeEmployers Address: Birlik Mah. 2. Cad. No: 11, ankaya, Ankara, Turkey

Fax: + 90 312 496 1463 (for all correspondence)

RFP Title: Preparation of complete design, construction and

tendering documents for three demonstration buildings

to be built in Ankara and the provision of monitoring and

consultancy services during the construction of these 3

demonstration buildings within the scope of Promoting

Energy Efficiency in Buildings in Turkey Project.

RFP Reference Code: UNDP-TUR-RFP-PROJ(EEB)2011/02

Deadline for Submission of Proposals: October, 10 2011, 18:00 hrs. (local time)

Validity Period of the Proposal: Proposals must be valid for 90 days after the deadline

for submission of proposals.

Bid Security: 3% (three percent) of the total Price Proposal (i.e.

Grand Total to be quoted in Table 5.3 of Annex 5)

Validity Period of the Bid Security: The Bid Security shall be valid for a period of at least 60

days after the expiration of the period of Proposal

Validity.

Estimated Commencement Date: November, 21 2011

Performance Security: 10% (ten percent) of the total contract amount

Estimated Duration of the Contract: 27 Months (7 months for the preparation of complete

design, construction and tendering documents for three

demonstration buildings and 20 months for the

provision of monitoring and consultancy services during

the construction of these 3 demonstration buildings

following the Notification of Commencement as

described in Clause 28.


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A INTRODUCTION

1 General

This document provides information on how to prepare proposals and apply for delivery of the

required services for preparation of complete design, construction and tendering documents for

three demonstration buildings to be built in Ankara within the scope of Energy Efficiency (EE) in

Buildings Projects. The services shall also cover consultancy and monitoring services during the

construction period of the subject buildings. The preparation of complete design, construction and

tendering documents including the consultancy and monitoring services will be financed through the

project of Promoting Energy Efficiency in Buildings in Turkey, and the contractual arrangements

between UNDP and the contractor will be made accordingly.

It is to be noted that the successful Offeror awarded for the Project and signed the Contract shall not

be eligible to participate the tenders for construction of civil works and/or supervision of the subject

works regarding the Demonstration Buildings. This rule shall also apply for each member of thegroup if the Contactor is a Joint Venture.

2 Cost of proposal

The Offeror shall bear all costs associated with the preparation and submission of the Proposal, the

UNDP will in no case be responsible or liable for those costs, regardless of the conduct or outcome

of the solicitation.

B SOLICITATION DOCUMENTS

3 Contents of solicitation documentsProposals must offer services for the total requirement. Proposals offering only part of the

requirement will be rejected. The Offeror is expected to examine all corresponding instructions,

forms, terms and specifications contained in the Solicitation Documents. Failure to comply with

these documents will be at the Offerors risk and may affect the evaluation of the Proposal.

4 Clarification of solicitation documents

A prospective Offeror requiring any clarification of the Solicitation Documents may notify the

procuring UNDP entity in writing at the organizations mailing address or fax number indicated in the

RFP. The procuring UNDP entity will respond in writing to any request for clarification of the

Solicitation Documents that it receives earlier than the date indicated in the RFP Data Sheet. Written copies of the organizations response (including an explanation of the query but without

identifying the source of inquiry) will be published at UNDPs website and announced at the

websites on which this RFP is announced.

5 Amendments of solicitation documents

At any time prior to the deadline for submission of Proposals, the procuring UNDP entity may, for

any reason, whether at its own initiative or in response to a clarification requested by a prospective

Offeror, modify the Solicitation Documents by amendment.

In order to afford prospective Offerors reasonable time in which to take the amendments into

account in preparing their offers, the procuring UNDP entity may, at its discretion, extend the

deadline for the submission of Proposals. Any addendum issued shall be part of the RFP Document


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and shall be communicated in writing by posting/announcing the addendum to the web page(s) on

which the RFP document is posted/ announced.

C PREPARATION OF PROPOSALS

6 Language of the proposal

The Proposals prepared by the Offeror and all correspondence and documents relating to the

Proposal exchanged by the Offeror and the procuring UNDP entity shall be written in the English

language. Any printed literature furnished by the Offeror may be written in another language so

long as accompanied by an English translation of its pertinent passages in which case, for purposes

of interpretation of the Proposal, the English translation shall govern.

7 Documents comprising the proposal

The Proposal shall comprise the following components:

i. Operational and Technical part of the Proposal (Clause 9), including supportingdocumentation to demonstrate that the Offeror meets all requirements (Annex 8);

ii. Proposal submission form (Annex 4);

iii. Price schedule (Annex 5) completed in accordance with clauses 9 and 10;

iv. Bid security (Annex 6)

8 Export License

Not applicable.

9 Proposal Form

The Offeror shall structure the technical part of its Proposal as follows:1. Management Plan

1.1. Organizational Capacity

1.1.1. General Experience

1.1.2. Specialization

1.1.3. General organizational capability

1.1.4. Litigation and Arbitration History

1.2. Similar Work Experience

1.3. Financial Strength

2. Proposed Methodology (Approach)

2.1. Proposed Methodology and Approach

2.1.1. Comment on the Terms of Reference

2.1.2. Technical Approach and Methodology2.1.3. Quality Assurance

2.1.4. Risks

2.2. Workflow and time plan

2.2.1. Work Flow

2.2.2. Milestones

2.2.3. Time plan

2.2.4. Resource Schedule

3. Personnel

3.1. Proposed Team Structure

3.2. Key Personnel

The Offerors are strongly encouraged to follow the structure, presented above, and to take followingexplanations into account during preparation of their Proposals.


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9.1 Section 1: Management Plan

Section 1 will be composed of three sub-sections, which will collectively demonstrate the

management plan of the Offeror (i.e., the joint venture as whole, in the case of an application from a

joint venture), as described below.

Sub-Section 1.1: Organizational Capacity: This section should provide corporate orientation,including but not limited to the year and state/country of incorporation and a brief description of

the Offerors activities. It should focus on services related to the Proposal. Offeror should attach

Statement of Declaration and Form 1.1.1 and promotional brochures of relevant nature (max 20

pages), if any.

Sub-section 1.1.1 General Experience: A brief description of corporate background and orientation

with a focus on relevant experience (e.g. design services including preparation of construction and

tendering documents for buildings), and services delivered to multinational and international

organizations.

Sub-section 1.1.2 Specialization:This section should focus on the Offerors scope of specializationwith an emphasis on ongoing/present or recently completed activities.

Sub-section 1.1.3: General organizational capability: This section should also describe the

organizational unit(s) that will become responsible for the contract, and the general management

approach towards a project of this kind, and the quality assurance and/or risk

management/mitigation systems and mechanisms in place (Attach notarized copy of quality

assurance certificate(s), if any).

Sub-section 1.1.4: Litigation and Arbitration History: This section should elaborate on Offerors

litigation and arbitration history. If the Offeror has no litigation and arbitration history, this section

should explain how the Offeror has managed to avoid from potential conflicts that may result in a

case of litigation or arbitration (Attach Form 1.4).Sub-Section 1.2: Similar Work Experience: This section should initially provide a narrative

presentation of the Offerors experience in similar undertakings, preferably focusing on the Offerors

recent activities (2006 and onwards).

The Offeror shall complete and submit Form 1.2.1 (Single Similar Work Experience) and Form 1.2.2

(Similar Work Experience). Form 1.2.2 shall be replicated for each of the similar work experience to

be referenced by the Offeror. A maximum of 10 (ten) similar work experiences shall be submitted.

Form 1.2.1 and Form 1.2.2 should be supplemented with documents (e.g. copies of design

completion certificates, construction permits for the building designed by the Offeror if the building

is under construction, taking-over certificate if the construction is completed or copies of clientletters etc.) substantiating and evidencing the similarity, amount (values of contracts) and

substantial or successful completion of the referenced design experiences.

For the purposes of this RFP, in order to be considered similar,

A referenced work experience should include complete design and preparation of

construction and tender documents for buildings. However a work experience that merely

includes preparation of construction and tender documents and/or supervision of

construction works is not considered similar work experience.

If the referenced work experience concerns design of school and/or office buildings in

consideration with energy efficiency (EE) regulations (e.g. European Unions EnergyPerformance for Buildings Directive (EPBD), Building Energy Performance (BEP) Regulation of


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Turkey, or similar), additional points may be obtained during the evaluation of proposals as

described in Clause 23 (evaluation forms).

If the referenced work experience concerns design of residential or non-residential buildings

certified by an accreditation system (e.g. Leadership in Energy and Environmental Design

LEED, BRE Environmental Assessment Method BREEAM, or Energy Passports) for energy

efficiency in buildings, additional points may be obtained during the evaluation of proposals

as described in Clause 23 (evaluation forms).

If the employer of the referenced experience is an international organization (e.g. UN

Agencies, European Commission, World Bank, European Investment Bank, European Bank

for Reconstruction and Development etc.) or if the source of funding or co-funding is an

international organization and the employer deploys the procurement rules and procedures

of the financier international organization, additional points may be obtained during the

evaluation of proposals as described in Clause 23 (evaluation forms).

Sub-section 1.3: Financial Strength: This section should describe Offerors current financial

capabilities. Offeror shall complete Form 1.3.1, supplemented with audited financial statements foryears 2008, 2009 and 2010. Offeror shall also complete Form 1.3.2, supplemented with a valid bank

credit reference letter.

9.2 Section 2: Proposed Methodology (Approach):

This section should demonstrate the Offerors responsiveness to the Terms of Reference by

identifying the specific components proposed, addressing the requirements, as specified, point by

point; providing a detailed description of the essential performance characteristics, proposed

warranty; and demonstrating how the proposed methodology meets or exceeds the Terms of

Reference (Section 2 should not exceed 20 pages, excluding the forms in the relevant section of this

RFP).

Sub-section 2.1: Responsiveness to the Terms of Reference: This section should focus on the (a)

comments on the Terms of Reference; (b) the Technical Approach and Methodology; proposed by

the Offeror; (c) Quality Assurance Mechanisms to be deployed; and (d) Risks, identified, along with

proposed risk mitigation strategies.

Sub-section 2.1.1 Comments on the Terms of Reference: The Offeror shall initially provide a

description of the scope of the work, demonstrating the Offerors understanding of the Terms of

Reference. Additionally, the Offeror shall present and justify here any improvement to the Terms of

Reference it is proposing to improve performance in carrying out the assignment. Such suggestions

should be concise and to the point, and incorporated in your Proposal.Sub-section 2.1.2 Technical Approach and Methodology: Here the Offeror shall explain its

understanding of the objectives of the assignment, approach to the services, methodology for

carrying out the activities and obtaining the expected output, and the degree of detail of such

output. Offeror should highlight the problems being addressed and their importance, and explain

the technical approach it would adopt to address them. Offeror should also explain the

methodologies it proposes to adopt and highlight the compatibility of those methodologies with the

proposed approach.

Sub-section 2.1.3 Quality Assurance: This sub-section should focus on the quality assurance

mechanism to be proposed by the Offeror.

Sub-section 2.1.4 Risks: This sub-section should focus on the risks to be identified by the Offeror,along with proposed risk mitigation strategies and measures.


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Sub-section 2.2: Work flow and time plan: In this sub-section the Offeror should propose the main

activities of the Assignment, their content and duration, phasing and interrelations, milestones, and

delivery dates of the reports, calculations, drawings, technical specifications, bills of quantities, any

other technical documents regarding the Terms of Reference, tendering documents for construction

of the buildings, and any other deliverable regarding the successful and timely completion of the

Assignment. The proposed work plan should be consistent with the technical approach and

methodology, showing understanding of the Terms of Reference and ability to translate them into a

feasible working plan. A list of the final documents, including reports, drawings, and tables to be

delivered as final output, should be included here.

Sub-section 2.2.1 Work Flow: Here the Offerors are expected to provide a logically sequenced, step-

by-step work flow that demonstrates the inter-dependencies between the various steps of the

Assignment in line with the ToR.

Sub-section 2.2.2 Milestones: This sub-section should clearly identify and list the critical milestones

of the Assignment.

Sub-section 2.2.3 Time plan: The Offerors are expected to present a time plan in the form of Gantt-Chart (Form 2.2.3), consistent with sub-section 2.2.1 and sub-section 2.2.2, and in line with the ToR.

Sub-section 2.2.4 Resource Schedule and Equipment: This sub-section should demonstrate the

resources (human resources and capital assets), required to be deployed by the Offeror in order to

achieve the contract objectives in a timely manner. Here the Offerors are expected to fully explain

their resources in terms of equipment (e.g. hardware and software including building design

information modeling tools) to be provided for successful completion of the Contract. (Attach Form

2.2.4)

9.3 Section 3: Personnel:

This should fully explain the Offerors resources in terms of personnel and facilities necessary for theperformance of this requirement. It should describe the Offerors current capabilities/facilities and

any plans for their expansion.

Sub-section 3.1 Proposed Team Structure: This sub-section should introduce the team that will fulfill

the services within the scope of the Terms of Reference, and focus on the division of labor among

the team members (job descriptions of key personnel), including management of contractual and

technical relations with the Employers, as well as with the Civil Works Contractors. Attach Form 3.1.

Sub-section 3.2 Personnel: Provide CVs of the proposed key personnel, and copies of the diploma(s),

documents demonstrating professional experience, and documents demonstrating membership to

relevant chambers of the team members. Form 3.2 shall be replicated for each key personnel.

The operational and technical part of the Proposal should not contain any pricing information

whatsoever on the services offered. Pricing information shall be separated and only contained in the

appropriate Price Schedules.

It is strongly recommended that the Offerors Proposal numbering system corresponds with the

numbering system used above. All references to descriptive material and brochures should be

included in the appropriate response paragraph, though material/documents themselves may be

provided as annexes to the Proposal/response.

Information which the Offeror considers proprietary, if any, should be dearly marked proprietary


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10 Proposal prices

The Offeror shall indicate on an appropriate Price Schedule, an example of which is contained in

these Solicitation Documents (Annex 5), the prices of services it proposes to supply under the

contract.

The total price to be quoted for each one of the three demonstration buildings, and the daily ratequoted for the expert(s) for consultancy and monitoring services during the construction period shall

be firm and final during the validity of the contract.

The global contract price is obtained by summing up the global price of each building with the global

price of consultancy and monitoring services based on 60-working days as an indicative figure.

The global contract price covers all of the expenses regarding the backstopping, support staff,

transportation, flights, accommodation, living and any other costs relevant to successful and timely

implementation of complete design, construction and tendering documents including provisions for

consultancy and monitoring services by the Contractor in accordance with the Terms of Reference

(Annex 3) unless otherwise specified therein. The Contractor will not be entitled to receive any pricedifference due to changes in market conditions and/or prices.

All Offerors are strongly recommended to visit the sites of the three demonstration buildings, in

which the design works will be carried out prior to preparation of their proposals in order to

determine the basis for their technical and financial proposals. Failure to conduct a site visit will not

constitute any legal basis of claim, price increase whatsoever with regard to contractual terms and

the offer/proposal.

11 Proposal currencies

All prices shall be quoted in US Dollars.

12 Period of validity of proposals

Proposals shall remain valid for the number of days indicated in the RFP Data Sheet after the date of

Proposal submission prescribed by the procuring UNDP entity, pursuant to the deadline clause. A

Proposal valid for a shorter period may be rejected by the procuring UNDP entity on the grounds

that it is non-responsive.

In exceptional circumstances, the procuring UNDP entity may solicit the Offerors consent to an

extension of the period of validity. The request and the responses thereto shall be made in writing.

An Offeror granting the request will not be required nor permitted to modify its Proposal.

13 Bid Security

a) The Bidder shall furnish as part of its Proposal a Bid/Tender Security to the Employer (UNDP,

Procuring Entity) in the amount indicated in the RFP Data Sheet. The Bidders shall submit

only one bid security for their bids to be eligible for evaluation.

b) The Bid Security shall be valid for the period indicated in the RFP Data Sheet.

c) The Bid Security is to protect the Employer against the losses arising from the conclusion of

the bidding process as stated in Clause 13.e below.

d) The Bid Security shall be denominated in the currency of the proposal or in freelyconvertible currency and shall be in one of the following forms:


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a. The Bid Security shall be in the form of bank guarantee or irrevocable letter of

credit, issued by a reputable bank located in the Employer`s country or abroad, and

in the form provided in these Documents, or

b. Cashiers cheque or certified cheque.

e) Any Bid not secured in accordance with Clauses 13.a and 13.d above will be rejected by the

Employer as non-responsive.

f) Unsuccessful Offerors Bid Security will be discharged or returned as promptly as possible as

but not later than thirty (30) days after the expiration of the period of Proposal Validity

prescribed by the Employer pursuant to Clause 12.

g) The successful Offerors Bid Security will be discharged or returned upon the Bidder signing

the Contract, pursuant to Clause 0, and furnishing the Performance Security, pursuant to

Clause 27.

h) The Bid Security may be forfeited:

a. If an Offeror withdraws its offer during the period of the Proposal Validity specified

by the Offeror on the Proposal Submission Form, or,

b. In the case of a successful Offeror, if the Offeror fails:

i. to sign the Contract in accordance with Clause 0, or,

ii. to furnish Performance Security in accordance with Clause 27.

14 Format and signing of proposals

The Offeror shall prepare two copies of the Proposal, clearly marking one Original Proposal and

the other Copy of Proposal as appropriate. In the event of any discrepancy between the two, the

original shall govern.

The two copies of the Proposal shall be typed or written in indelible ink and shall be signed by the

Offeror or a person or persons duly authorized to bind the Offeror to the contract. The latter

authorization shall be indicated by written power-of-attorney accompanying the Proposal.

A Proposal shall contain no interlineations, erasures, or overwriting except, as necessary to correct

errors made by the Offeror, in which case such corrections shall be initialed by the person or persons

signing the Proposal.

15 Payments

UNDP shall effect payments to the Contractor as explained below:

15.1 Payment for Complete Design Services and Preparation of the Tender Files for the

demonstration buildings as per Public Procurement Law

The Contractor shall issue invoices for the total price of each Activity upon acceptance and approval

of all deliverables linked to that Activity, as stipulated in D.4 Activities of Annex 3-Terms of

Reference and in line with the Price Schedule (Table 5.1). Without submission and approval of all

deliverables under any Activity, the Contractor shall not be entitled to any payments.

UNDP shall effect payments to the Contractor within 30 days upon approval and acceptance of theActivities and related invoices by UNDP.


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STEP

NR.ACTIVITY DELIVERABLES

PAYMENT

PERCENTAGES

7

Preparation of 2

Tender Files for

Construction of the3 demo buildings

- One tender

file for Demo

Building 1-A

and 1-B,

- Another file

for Demo

Building 2

Final Project Report

General and special technical specifications,

Quantity calculations,

List of unit prices, New unit price analyses if needed,

Price schedules,

Bills of quantities and summary of them,

Geological/Geotechnical reports

Equipment lists

Finishing schedules

Application and detail drawings

RFP for Construction Works

Other deliverables as per Annex 3, Sub Clause E.2 and

Clause H.1Max. 10 %

TOTAL 100.00%

* The payments regarding topographical site map for survey for Demo Building 1-A and Demo Building 1-B and

geological/geotechnical reports for three Demo Buildings shall be paid on this line.

15.2 Payment for Consultancy and Monitoring Services

UNDP will request provision of Consultancy and Monitoring Services, during the tendering and

construction of the subject DEMO BUILDINGS by Turkish Ministry of National Education and

Turkish Ministry of Environment and Urbanization, as and when needed.

The Contractor shall issue invoices for the total number of days of service at the end of eachrespective month based on the Consultancy and Monitoring Reports. UNDP shall effect payments

to the Contractor within 30 days upon approval and acceptance of the Services, Consultancy and

Monitoring Reports and related invoices by UNDP.

Payment shall be realized in Turkish Lira (TRL), if the Offeror is established and operating in Turkey

by converting total US$ amount to TRL, through official UN operational rate of exchange (UNOPEX)

prevailing at the date of money transfer. If the contractor is not established and not operating in

Turkey, payments shall be made in US$.

The invoices shall reflect below payment terms:

TABLE 1.2: PAYMENT SCHEDULE FOR CONSULTANCY AND MONITORING SERVICES

Alternative terms of payment shall not be negotiated with the successful bidder.

Activity Description of Activity/Item Estimated Quantity

Step 8 Daily Professional Fee for

Consultancy and Monitoring Services

60

Flight Ticket Round trip 30

Accommodation in Ankara 30 Missions x 2 Days x 1 Person =

60 days


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D SUBMISSION OF PROPOSALS

16 Sealing and marking of proposals

The Offeror shall seal the Proposal in one outer and two inner envelopes, as detailed below.

The outer envelope shall include the following information

Title and Address the Offeror

The Employer (as indicated in the RFP Data Sheet)

The Address of the Employer (as indicated in the RFP Data Sheet)

The Title of the RFP (as indicated in the RFP Data Sheet)

The Reference code for the RFP (as indicated in the RFP Data Sheet)

Deadline for Submission of Proposals (as indicated in the RFP Data Sheet)

A Mark DO NOT OPEN BEFORE DEADLINE FOR SUBMISSION OF PROPOSALS

Both inner envelopes shall include all the information, listed above as well. The first inner envelope

shall contain the information specified in Clause 9 (Proposal form) above, with two copies duly

marked Original and Copy. The second inner envelope shall include the price schedule duly

identified as such.

Note that if the inner envelopes are not sealed and marked as per the instructions in this clause, the

procuring UNDP entity will not assume responsibility for the Proposals misplacement or premature

opening.

17 Deadline for submission of proposals

Proposals must be received by the procuring UNDP entity at the address specified in the RFP Data

Sheet, no later than the Date and Time, specified also in the RFP Data Sheet

The procuring UNDP entity may, at its own discretion extend this deadline for the submission of

Proposals by amending the solicitation documents in accordance with Clause 5 (Amendments of

Solicitation Documents), in which case all rights and obligations of the procuring UNDP entity and

Offerors previously subject to the deadline will thereafter be subject to the deadline as extended.

18 Late Proposals

Any Proposal received by the procuring UNDP entity after the deadline for submission of proposals,

pursuant to clause Deadline for the submission of proposals, will be rejected.

19 Modification and Withdrawal of Proposals

The Offeror may withdraw its Proposal after the Proposals submission, provided that written notice

of the withdrawal is received by the procuring UNDP entity prior to the deadline prescribed for

submission of Proposals.

The Offerors withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance

with the provisions of clause Deadline for Submission of Proposals. The withdrawal notice may also

be sent by telex or fax but followed by a signed confirmation copy.

No Proposal may be modified subsequent to the deadline for submission of proposals.

No Proposal may be withdrawn in the Interval between the deadline for submission of proposals andthe expiration of the period of proposal validity specified by the Offeror on the Proposal Submission

Form


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E OPENING AND EVALUATION OF PROPOSALS

20 Opening of proposals

The procuring entity will open the Financial Proposals in the presence of a Committee formed by the

Head of the procuring UNDP entity.

21 Clarification of proposals

To assist in the examination, evaluation and comparison of Proposals, the Purchaser may at its

discretion, ask the Offeror for clarification of its Proposal. The request for clarification and the

response shall be in writing and no change in price or substance of the Proposal shall be sought,

offered or permitted.

22 Preliminary examination

The Purchaser will examine the Proposals to determine whether they are complete, whether the

documents have been properly signed, and whether the Proposals are generally in order.

Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each

Proposal to the Request for Proposals (RFP). For purposes of these Clauses, a substantially

responsive Proposal is one which conforms to all the terms and conditions of the RFP without

material deviations. The Purchasers determination of a Proposals responsiveness is based on the

contents of the Proposal itself without recourse to extrinsic evidence.

A Proposal determined as not substantially responsive will be rejected by the Purchaser and may not

subsequently be made responsive by the Offeror by correction of the non-conformity.

23 Evaluation and Comparison of Proposals

A two-stage procedure is utilized in evaluating the proposals, with evaluation of the technical

proposal being completed prior to any price proposal being opened and compared.

23.1 Evaluation Stage 1

In order to be qualified for the second stage of the evaluation an Offeror shall:

Be established as single legal entity or in a grouping as Joint Venture (JV), (real persons or

consortia are not eligible),

Not be in the circumstances of disqualification or restriction set forth in the last paragraph of

Article 10 of Law No. 4734 (or as per the relevant public procurement laws of the country in

which they operate), and not be in the circumstances of those that cannot participate in theprocurement as per Article 11 of the same Law (or as per the relevant laws of the country in

which they operate). (This also applies to each and every group member in the case that

Offeror is a JV),

Have been legally established since 2006 or before. This only applies to the lead partner of

the group in the case that Offeror is a JV whereas other group members might be legally

established in 2006 or later,

Have at least 5 permanent staff currently working for the Offeror this year (2011) and

employed before the date of announcement of the present RFP, in fields (such as architects,

engineers and experts) related to this contract,(This only applies to the lead member of the

group in the case that Offeror is a JV), Have participated as contractor (e.g. sole contractor, JV member/partner, consortium

member/partner) in at least two contracts for design of similar buildings(e g public


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buildings like school, hospitals, government buildings, or commercial buildings like shopping

malls, office buildings, or intelligent residential buildings),in 2001or later, employer or

contracting authority of which are international organizations (e.g. UN Agencies, World

Bank, European Commission, European Investment Bank, European Bank for Reconstruction

and Development etc.) or the source of funds of which are international organizations, with

the employer deploying the procurement rules and regulations of donor/financier

international organization (e.g. UN Agencies, World Bank, European Commission, European

Investment Bank, European Bank for Reconstruction and Development etc.),

Have participated as contractor or subcontractor, in at least 1 single contract, since 2006,

with a value of at least US$200.000 (two-hundred-thousand), carried out by the Offeror, that

has been successfully and substantially completed, and that concern design of buildings of

the types stated above,

Have participated as contractor or subcontractor, two contracts, since 2006, with a total

value of at least US$400.000 (four-hundred-thousand), carried out by the Offeror, that have

been successfully and substantially completed, and that concern design of buildings of the

types stated above,

Have a valid Bank Credit Reference Letter,

Have an average annual turnover equal to or higher than US$300.000 for 2008, 2009 and

2010 or an annual turnover equal to or higher than US$300.000 in 2010.

Any Offeror that does not meet the minimum requirements, set forth above, shall be disqualified

and shall not be considered for the further stages of the evaluation. The second inner envelope (i.e.

financial proposal) of any disqualified Offeror will be returned unopened to the Offeror.

The Proposals of the Offerors that meet the minimum requirements set forth above shall be

evaluated in the following order.

Technical Evaluation Criteria

Summary of Technical Proposal Evaluation Forms Score Weight Points Obtainable

1 Expertise of the Firm, submitting Proposal 40% 400 pts

2 Proposed Work Plan and Approach 30% 300 pts

3 Personnel 30% 300 pts

Total 100% 1000 pts

Evaluation forms for technical proposals follow on the following pages. The obtainable number ofpoints specified for each evaluation criterion indicates the relative significance or weight of the item

in the overall evaluation process.

The Technical Proposal Evaluation Forms are:

Form 1: Expertise of the Firm, submitting Proposal

Form 2: Proposed Work Plan and Approach

Form 3: Personnel


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15

Evaluation Form 1

Expertise of the Firm, submitting Proposal

Sub-score Points

Obtainable

1.1 Organizational Capacity 150

1.1.1 Experience of the Offeror (holding company or its bidding subsidiary), as demonstrated by the years of relevant

experience (YOE) in similar undertakings, where relevant experience refers to design of buildings):

Sub-criteria Pts

- YOE more than or equal to 10 years 40

- YOE less than 10 years, but more than or equal to 5 years 20

- Experience with international organizations + Max 10

- Human resources, corporate systems, governance, reputation etc. + Max 10

Max 60

1.1.2 Offerors scope of specialization, as demonstrated by the nature of present/ongoing or recently completed activities

Sub-criteria Pts

- Design of public buildings, commercial buildings, residential buildings etc. + Max 20

- Supervision of the building constructions + Max 10

Max 30

1.1.3 General organizational capability, as demonstrated by the following parameters:

Sub-criteria Pts

- Presence of full fledge corporate structure (organizational chart) Max 20

- Presence of Quality assurance system/mechanism in place Max 10

Max 30

1.1.4 Litigation and Arbitration history

Sub-criteria Pts

- With no litigation history 30

- With litigation history Min 0

Max 30


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16

Evaluation Form 1


Sub-score Points

Obtainable

1.2 Similar work experience: Design and preparation of construction and tender documents for buildings. Design must be

successfully or substantially completed in 2006 or later in the public or private sector. A substantially completed design

contract is the one that design calculations and execution drawings have already been approved for construction by the

relevant authorities, as a minimum requirement.

200

1.2.1 Single Similar Work Experience (SSWE)

Sub-criteria Pts

- SSWE US$ 00.000 60

- US$6.000.000 > SSWE US$400.000 40

- US$400.000 > SSWE US$200.000 20

- Employer or donor/financier is an international organization Max + 10

- Single similar work experience concerns design of public buildings (such as schools, hospitals,

government buildings, or commercial buildings like shopping malls, office buildings, or intelligent

residential buildings etc.) in line with EE regulations

Max +30

- Single similar work experience concerns design of buildings certified by an accreditation system

(e.g. LEED, BREAM)Max +20

Max 120

1.2.2 Total Similar Work Experience (TSWE)

Sub-criteria Pts

- TSWE US$600.000 35

- US600.000 > TSWE US$500.000 25

- US$500.000 > TSWE US$400.000 10

- Experience with international organizations Max +10

- Experience in design of school and/or office buildings in line with EE regulations Max +20

- Experience in design of buildings certified by an accreditation system (e.g. LEED, BREEAM) Max +15

Max 80


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17

Evaluation Form 1


Sub-score Points

Obtainable

1.3. Offerors current financial capabilities: as demonstrated by the annual turnover resulting from 2010 or the averageannual turnover resulting from 2008, 2009 and 2010 (ATO), whichever is greater; and by the valid bank credit reference

letter (BCRL).

Sub-criteria (Annual Turnover) Pts

- ATO US$400.000 30

- US$400.000> ATO US$300.000 20

Sub-criteria (Bank Credit Reference Letter) Pts

- BCRL US$300.000 20

- US$300.000> BCRL US$200.000 10

- 50


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18

Evaluation Form 2

Proposed Work Plan and Approach

Sub-score Points

Obtainable

2 Approach 300

2.1 Responsiveness to the Terms of Reference

Sub-criteria Pts

2.1.1 Level of compliance of the Offerors description of the scope of the work and comments on

the Terms of Reference, compared to the ToR,

Max 40

2.1.2 The strength and applicability of the technical methodology and approach, proposed by the

Offeror

Max 15

2.1.3 The quality assurance mechanism, proposed by the Offeror Max 25

2.1.4 Risks, identified by the Offeror, along with proposed risk mitigation strategies and measures Max 20

100

2.2 Work flow, time plan and Equipment

Sub-criteria Pts

2.2.1 Work flow is clear (step-by-step) and is in line with the ToR Max 50

2.2.2 Milestones clearly identified, as per the Terms of Reference Max 50

2.2.3 Time plan is realistic and achievable, and is in line with the ToR Max 50

2.2.4 Work flow and time plan is supported by a clear resource schedule (personnel time +

equipment (e.g. hardware and software))

Max 50

200


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19

Evaluation Form 3

Personnel

Sub-score Points

Obtainable

3 Personnel 300

3.1 Proposed Team Structure (Max 50 pts) 50

3.2 Personnel 250

3.2.1 National Energy Efficient Architecture Design Expert (Team Leader), as defined in the Terms of Reference (Annex 3)

General Qualifications (%20)

General Professional Experience (%30)

Specific Professional Experience (%50)

60

3.2.2 International Energy Efficient Architecture Design Expert as defined in the Terms of Reference (Annex 3)




40

3.2.3 Energy Efficiency and Renewable Energy Expert for Buildings, as defined in the Terms of Reference (Annex 3)




40

3.2.4 Energy Efficient Building Modeling and Software Expert, as defined in the Terms of Reference (Annex 3)




25


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20

Evaluation Form 3

Personnel

Sub-score Points

Obtainable

3.2.5 Structural Designer, as defined in the Terms of Reference (Annex 3)




30

3.2.6 Mechanical Designer, as defined in the Terms of Reference (Annex 3)




25

3.2.7 Electrical Designer, as defined in the Terms of Reference (Annex 3)




20

3.2.8 Quantity and Cost Estimator, as defined in the Terms of Reference (Annex 3)




10

In the event that qualifications of a key personnel to be proposed by the Offerors do not meet one of the relevant minimum requirements, he/she shall

secure zero (0) points from the evaluation.

In the event that qualifications oftwo or more key personnel to be proposed by the Offerors do not meet one of the relevant minimum requirements the

Offeror may be disqualified.

UNDP possess the right to ask the Contractor to replace the personnel that do not meet the minimum requirements before contract signature. In such case,

the contract price to be proposed by the Contractor will remain unchanged.


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23.2 Evaluation Stage 2

The price proposal of the Offerors will be opened only for submissions that passed the minimum

technical score of 700 points out of the maximum obtainable score of 1000 points in the evaluation

of the technical proposals.

The price proposals of the Offerors that obtained 700 points out of the maximum obtainable score

of 1000 points will be opened, and arithmetical errors will be rectified on the following basis: If there

is a discrepancy between the quoted total global price and the summation of the global prices

quoted for each building, then the global price of each building will prevail and the total global price

shall be corrected accordingly. If there is a discrepancy between words and figures the amount in

words will prevail.

The total (final) score is obtained upon the combination of weighted technical and financial

attributes of a proposal.

Technical Score: The maximum obtainable score from the technical evaluation is 1000 points. The

weighted technical score of a proposal is calculated by multiplying the technical score with 70% (or

0.70).

Financial Score: The bidder(s) with the lowest price proposal (i.e. GRAND TOTAL to be quoted in

Table 5.3) will obtain the highest score, 300 pts. Other price proposals will receive points in inverse

proportion:

Financial Score of the proposal being

evaluated=

price of the lowest priced proposalX 300 pts

price of the proposal being evaluated

The price that will be the basis of financial evaluation will be the price to be quoted by the Offerors

in the Proposal Submission Form (Annex 4).

Total Score: Maximum attainable points:

Maximum attainable points from Technical Evaluation: 700 points

Maximum attainable points from Financial Evaluation: 300 points

TOTAL ATTAINABLE POINTS: 1.000 POINTS

TOTAL SCORE OF AN OFFEROR= Points received from Technical Proposal (max 700) + Points

received from Financial Proposal (Max 300). The Offeror obtaining the total highest score will be

considered the best qualified Offeror for the purposes of Clause24.

F AWARD OF CONTRACT

24 Award criteria, award of contract

The procuring UNDP entity reserves the right to accept or reject any Proposal, and to annul the

solicitation process and reject all Proposals at any time prior to award of contract, without thereby

incurring any liability to the affected Offeror or any obligation to inform the affected Offeror or

Offerors of the grounds for the Purchasers action.


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Prior to expiration of the period of proposal validity, the procuring UNDP entity will award the

contract to the best qualified Offeror whose Proposal after being evaluated is considered to be the

most responsive to the needs of the organization and activity concerned.

25 Purchasers right to vary requirements

The Purchaser reserves the right to vary the construction area of each demonstration building up to

10% which is specified in the RFP without any change in the total (global) price of the subject

building or other terms and conditions.

The Purchaser also reserves the right to increase or decrease by up to 15% the quantity of work

items specified in the Price Schedule without any change in unit price or in other terms and

conditions.

The indicative figure of 60 working days of the relevant expert(s) for consultancy and monitoring

services might also vary per request basis of the Employer depending on the construction progress,

(see Annex 3 Terms of Reference and Annex 5 Price Schedule). The daily rate per working day ofthe expert(s) as shown in Annex 5 or other terms and conditions which specified in the RFP shall not

be subject to any change in that case.

26 Signing of the contract

Within 14 days of receipt of the contract the successful Offeror shall sign and date the contract and

return it to the Purchaser.

26.1 Indemnity (Professional Liability) Insurance

Upon notification of award of contract, the Contractor shall furnish and submit to UNDP Indemnity

(Professional Liability) Insurance at the amount of contract before contract signature.

27 Performance security

Failure of the successful Offeror to comply with the requirement of Clause 25 or Clause 26 shall

constitute sufficient grounds for award to the next best qualified Offeror or call for new proposals.

The successful Bidder shall submit to UNDP a performance bond (Annex 7) at least at the amount of

10% of the global contract price, prior to contract signature.

The performance security shall be valid for a period of 30 months from the contract signature date.

However, the portion of the performance bond corresponding for the global price of each one of the

demonstration buildings shall be released after 180 calendar days from the date of approval of alldeliverables regarding the subject building by the Employer, upon application of the Contractor.

28 Contract Duration

As indicated in the RFP Data Sheet, the contract duration will be 27 Months (7 months for the

preparation of complete design, construction and tendering documents for three demonstration

buildings and 20 months for the provision of monitoring and consultancy services during the

construction of these 3 demonstration buildings following the Notification of Commencement as

described in Clause 28, following the date of notification of the Contractor by UNDP (i.e.

Notification for Commencement to Proceed) that the site(s) is accessible and ready to proceed

with the design works.


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29 Liquidated Damages

Refer to Section F.2 Assignment Period in the Terms of References (Annex 3) for liquidated

damages.

In case of the Contractors non-performance or delay in completing the design services as required

within the period set above, penalty at the rate of 2% (two percent) of the total global price of each

demonstration building per week shall be paid by the Contractor to UNDP, as liquidated damages.

Once a deduction of 10% (ten percent) has been obtained for any one of the demonstration

buildings, UNDP may consider termination of the Contract.

30 Tax Exemption

Bidders shall take into account the following issues, while preparing their bids;

UN and its subsidiary organs are exempt from all taxes. Therefore bidders shall prepare their

quotations excluding VAT.

It is the Bidders responsibility to learn from relevant authorities (T.R. Ministry of Finance) and/or to

review/confirm published procedures and to consult with a certified financial consultant as needed,

to confirm the scope and procedures of VAT exemption application as per Provisional Clause 26 of

VAT Law and Ministry of Finances General Communiqu No 110 on the Implementation of VAT law

dated 11 July 2008.


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Annex 2 General Conditions of Contract

UNDP

GENERAL CONDITIONS OF CONTRACT FOR SERVICES

1.0 LEGAL STATUS:

The Contractor shall be considered as having the legal status of an independent contractor vis--vis

the United Nations Development Programme (UNDP). The Contractors personnel and sub-

contractors shall not be considered in any respect as being the employees or agents of UNDP or the

United Nations.

2.0 SOURCE OF INSTRUCTIONS:

The Contractor shall neither seek nor accept instructions from any authority external to UNDP in

connection with the performance of its services under this Contract. The Contractor shall refrain

from any action that may adversely affect UNDP or the United Nations and shall fulfill its

commitments with the fullest regard to the interests of UNDP.

3.0 CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES:

The Contractor shall be responsible for the professional and technical competence of its employees

and will select, for work under this Contract, reliable individuals who will perform effectively in theimplementation of this Contract, respect the local customs, and conform to a high standard of moral

and ethical conduct.

4.0 ASSIGNMENT:

The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any

part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with

the prior written consent of UNDP.

5.0 SUB-CONTRACTING:

In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the

prior written approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a

sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The

terms of any sub-contract shall be subject to and conform to the provisions of this Contract.

6.0 OFFICIALS NOT TO BENEFIT:

The Contractor warrants that no official of UNDP or the United Nations has received or will be

offered by the Contractor any direct or indirect benefit arising from this Contract or the award


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thereof. The Contractor agrees that breach of this provision is a breach of an essential term of this

Contract.

7.0 INDEMNIFICATION:

The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its

officials, agents, servants and employees from and against all suits, claims, demands, and liability of

any nature or kind, including their costs and expenses, arising out of acts or omissions of the

Contractor, or the Contractor's employees, officers, agents or sub-contractors, in the performance of

this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen's

compensation, products liability and liability arising out of the use of patented inventions or devices,

copyrighted material or other intellectual property by the Contractor, its employees, officers, agents,

servants or sub-contractors. The obligations under this Article do not lapse upon termination of this

Contract.

8.0 INSURANCE AND LIABILITIES TO THIRD PARTIES:

8.1 The Contractor shall provide and thereafter maintain insurance against all risks in respect of

its property and any equipment used for the execution of this Contract.

8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's

compensation insurance, or the equivalent, with respect to its employees to cover claims for

personal injury or death in connection with this Contract.

8.3 The Contractor shall also provide and thereafter maintain liability insurance in an adequate

amount to cover third party claims for death or bodily injury, or loss of or damage to property,

arising from or in connection with the provision of services under this Contract or the operation of

any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents,

servants, employees or sub-contractors performing work or services in connection with this

Contract.

8.4 Except for the workmen's compensation insurance, the insurance policies under this Article

shall:

8.4.1 Name UNDP as additional insured;

8.4.2 Include a waiver of subrogation of the Contractor's rights to the insurance carrieragainst the UNDP;

8.4.3 Provide that the UNDP shall receive thirty (30) days written notice from the insurers

prior to any cancellation or change of coverage.

8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the

insurance required under this Article.

9.0 ENCUMBRANCES/LIENS:

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person

to be placed on file or to remain on file in any public office or on file with the UNDP against any


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monies due or to become due for any work done or materials furnished under this Contract, or by

reason of any other claim or demand against the Contractor.

10.0 TITLE TO EQUIPMENT:

Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any

such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer

needed by the Contractor. Such equipment, when returned to UNDP, shall be in the same condition

as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable

to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear

and tear.

11.0 COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS:

11.1 Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be

entitled to all intellectual property and other proprietary rights including, but not limited to, patents,

copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or

documents and other materials which the Contractor has developed for the UNDP under the

Contract and which bear a direct relation to or are produced or prepared or collected in

consequence of, or during the course of, the performance of the Contract, and the Contractor

acknowledges and agrees that such products, documents and other materials constitute works made

for hire for the UNDP.

11.2 To the extent that any such intellectual property or other proprietary rights consist of any

intellectual property or other proprietary rights of the Contractor: (i) that pre-existed theperformance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may

develop or acquire, or may have developed or acquired, independently of the performance of its

obligations under the Contract, the UNDP does not and shall not claim any ownership interest

thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual property

or other proprietary right solely for the purposes of and in accordance with the requirements of the

Contract.

11.3 At the request of the UNDP; the Contractor shall take all necessary steps, execute all

necessary documents and generally assist in securing such proprietary rights and transferring or

licensing them to the UNDP in compliance with the requirements of the applicable law and of theContract.

11.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans,

reports, estimates, recommendations, documents, and all other data compiled by or received by the

Contractor under the Contract shall be the property of the UNDP, shall be made available for use or

inspection by the UNDP at reasonable times and in reasonable places, shall be treated as

confidential, and shall be delivered only to UNDP authorized officials on completion of work under

the Contract.


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12.0 USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS:

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with

UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of

UNDP or The United Nations, or any abbreviation of the name of UNDP or United Nations in

connection with its business or otherwise.

13.0 CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION:

Information and data that is considered proprietary by either Party and that is delivered or disclosed

by one Party (Discloser) to the other Party (Recipient) during the course of performance of the

Contract, and that is designated as confidential (Information), shall be held in confidence by that

Party and shall be handled as follows:

13.1 The recipient (Recipient) of such information shall:

13.1.1 use the same care and discretion to avoid disclosure, publication or dissemination of

the Disclosers Information as it uses with its own similar information that it does not wish to

disclose, publish or disseminate; and,

13.1.2 use the Disclosers Information solely for the purpose for which it was disclosed.

13.2 Provided that the Recipient has a written agreement with the following persons or entities

requiring them to treat the Information confidential in accordance with the Contract and this Article

13, the Recipient may disclose Information to:

13.2.1 any other party with the Disclosers prior written consent; and,

13.2.2 the Recipients employees, officials, representatives and agents who have a need toknow such Information for purposes of performing obligations under the Contract, and employees

officials, representatives and agents of any legal entity that it controls, controls it, or with which it is

under common control, who have a need to know such Information for purposes of performing

obligations under the Contract, provided that, for these purposes a controlled legal entity means:

13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or

indirectly, over fifty percent (50%) of voting shares thereof; or,

13.2.2.2 any entity over which the Party exercises effective managerial control; or,

13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV.13.3 The Contractor may disclose Information to the extent required by law, provided that,

subject to and without any waiver of the privileges and immunities of the United Nations, the

Contractor will give the UNDP sufficient prior notice of a request for the disclosure of Information in

order to allow the UNDP to have a reasonable opportunity to take protective measures or such

other action as may be appropriate before any such disclosure is made.

13.4 The UNDP may disclose Information to the extent as required pursuant to the Charter of the

UN, resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-

General.

13.5 The Recipient shall not be precluded from disclosing Information that is obtained by the

Recipient from a third party without restriction, is disclosed by the Discloser to a third party without


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any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by

the Recipient completely independently of any disclosures hereunder.

13.6 These obligations and restrictions of confidentiality shall be effective during the term of the

Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall

remain effective following any termination of the Contract.

14.0 FORCE MAJEURE; OTHER CHANGES IN CONDITIONS

14.1 In the event of and as soon as possible after the occurrence of any cause constituting force

majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of such

occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its

obligations and meet its responsibilities under this Contract. The Contractor shall also notify the

UNDP of any other changes in conditions or the occurrence of any event that interferes or threatens

to interfere with its performance of this Contract. On receipt of the notice required under this

Article, the UNDP shall take such action as, in its sole discretion; it considers to be appropriate or

necessary in the circumstances, including the granting to the Contractor of a reasonable extension of

time in which to perform its obligations under this Contract.

14.2 If the Contractor is rendered permanently unable, wholly, or in part, by reason of force

majeure to perform its obligations and meet its responsibilities under this Contract, the UNDP shall

have the right to suspend or terminate this Contract on the same terms and conditions as are

provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days

instead of thirty (30) days.

14.3 Force majeure as used in this Article means acts of God, war (whether declared or not),

invasion, revolution, insurrection, or other acts of a similar nature or force.

14.4 The Contractor acknowledges and agrees that, with respect to any obligations under the

Contract that the Contractor must perform in or for any areas in which the UNDP is engaged in,

preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations,

any delays or failure to perform such obligations arising from or relating to harsh conditions within

such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself,

constitute force majeure under the Contract..

15.0 TERMINATION

15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days

notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article

16.2 (Arbitration), below, shall not be deemed a termination of this Contract.

15.2 UNDP reserves the right to terminate without cause this Contract at any time upon 14days

prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all

reasonable costs incurred by the Contractor prior to receipt of the notice of termination.

15.3 In the event of any termination by UNDP under this Article, no payment shall be due from

UNDP to the Contractor except for work and services satisfactorily performed in conformity with theexpress terms of this Contract.


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15.4 Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or

should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be

appointed on account of the insolvency of the Contractor, the UNDP may, without prejudice to any

other right or remedy it may have under the terms of these conditions, terminate this Contract

forthwith. The Contractor shall immediately inform the UNDP of the occurrence of any of the above

events.

16.0 SETTLEMENT OF DISPUTES

16.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute,

controversy or claim arising out of this Contract or the breach, termination or invalidity thereof.

Where the parties wish to seek such an amicable settlement through conciliation, the conciliation

shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to

such other procedure as may be agreed between the parties.

16.2 Arbitration: Any dispute, controversy, or claim between the Parties arising out of the

Contract or the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1,

above, within sixty (60) days after receipt by one Party of the other Partys written request for such

amicable settlement, shall be referred by either Party to arbitration in accordance with the

UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on

general principles of international commercial law. For all evidentiary questions, the arbitral tribunal

shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence

in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition.

The arbitral tribunal shall be empowered to order the return or destruction of goods or any

property, whether tangible or intangible, or of any confidential information provided under theContract, order the termination of the Contract, or order that any other protective measures be

taken with respect to the goods, services or any other property, whether tangible or intangible, or of

any confidential information provided under the Contract, as appropriate, all in accordance with the

authority of the arbitral tribunal pursuant to Article 26 (Interim Measures of Protection) and

Article 32 (Form and Effect of the Award) of the UNCITRAL Arbitration Rules. The arbitral tribunal

shall have no authority to award punitive damages. In addition, unless otherwise expressly provided

in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the

London Inter-Bank Offered Rate (LIBOR) then prevailing, and any such interest shall be simple

interest only. The Parties shall be bound by any arbitration award rendered as a result of such

arbitration as the final adjudication of any such dispute, controversy, or claim.

17.0 PRIVILEGES AND IMMUNITIES:

Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the

privileges and immunities of the United Nations, including its subsidiary organs.

18.0 TAX EXEMPTION

18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides,inter-alia that the United Nations, including its subsidiary organs, is exempt from all direct taxes,


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except charges for public utility services, and is exempt from customs duties and charges of a similar

nature in respect of articles imported or exported for its official use. In the event any governmental

authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the

Contractor shall immediately consult with the UNDP to determine a mutually acceptable procedure.

18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice anyamount representing such taxes, duties or charges, unless the Contractor has consulted with the

UNDP before the payment thereof and the UNDP has, in each instance, specifically authorized the

Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall

provide the UNDP with written evidence that payment of such taxes, duties or charges has been

made and appropriately authorized.

19.0 CHILD LABOUR

19.1 The Contractor represents and warrants that neither it, nor any of its suppliers 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.

19.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract

immediately upon notice to the Contractor, at no cost to UNDP.

20.0 MINES:

20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and

directly engaged in patent activities, development, assembly, production, trade or manufacture of

mines or in such activities in respect of components primarily utilized in the manufacture of Mines.

The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II

annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional

Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of

1980.

20.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract

immediately upon notice to the Contractor, without any liability for termination charges or any

other liability of any kind of UNDP.

21.0 OBSERVANCE OF THE LAW:

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the

performance of its obligations under the terms of this Contract.

22.0 SEXUAL EXPLOITATION:

22.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse ofanyone by it or by any of its employees or any other persons who may be engaged by the Contractor


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to perform any services under the Contract. For these purposes, sexual activity with any person less

than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual

exploitation and abuse of such person. In addition, the Contractor shall refrain from, and shall take

all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging

any money, goods, services, offers of employment or other things of value, for sexual favors or

activities, or from engaging in any sexual activities that are exploitive or degrading to any person.

The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of

the Contract and that any breach of this representation and warranty shall entitle UNDP to

terminate the Contract immediately upon notice to the Contractor, without any liability for

termination charges or any other liability of any kind.

22.2 The UNDP shall not apply the foregoing standard relating to age in any case in which the

Contractors personnel or any other person who may be engaged by the Contractor to perform any

services under the Contract is married to the person less than the age of eighteen years with whom

sexual activity has occurred and in which such marriage is recognized as valid under the laws of the

country of citizenship of such Contractors personnel or such other person who may be engaged by

the Contractor to perform any services under the Contract.

23.0 AUTHORITY TO MODIFY:

Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official

possesses the authority to agree on behalf of UNDP to any modification of or change in this

Agreement, to a waiver of any of its provisions or to any additional contractual relationship of any

kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and

enforceable against UNDP unless provided by an amendment to this Agreement signed by theContractor and jointly by the UNDP Authorized Official.


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Annex 3 Terms of Reference

A BACKGROUND

Turkey's primary energy consumption of approximately 106 million toe ranks Turkey among the 25

most energy-consuming countries in the world. Although Turkey has the lowest per capita energy

consumption in OECD countries, the country has great potential for rapid growth rate in energy

consumption due to ongoing population and economic growth. Turkey's annual electricity demand

has tripled since 1990, reaching 198 TWh by 2008. Turkeys building sector represents the second -

largest energy consumer, accounting for 36% of the total final energy consumption which has led to

considerable emissions of CO2 associated with the combustion of fossil fuels. Without a change to

the business-as-usual scenario, the estimates are that the building sectors energy consumption

will grow to 47.5 million toe by 2020, with concomitant increases in CO2 emissions expected to

double. Therefore, the building sector presents significant opportunities for cost-effective energy

and CO2 savings, estimated to be 30-50% of the current levels. Even though Turkey has gone a long

way to create a regulatory environment favorable for investments in energy efficient buildings, there

are still a number of critical barriers hampering further development of the market. To overcome

some of the barriers to energy efficient buildings, two demonstration buildings will be completed,

along with other interventions.

The objective of the project is to reduce energy consumption and associated GHG emissions in

buildings in Turkey by (among other things) introducing the use of an integrated building design

approach via two demonstration buildings and ongoing training in integrated building design

approach1(IBDA) as well as provide stronger regulations, implementers, and institutions. Since

there is little knowledge of IBDA in Turkey and awareness of viable energy efficiency demonstrations

in buildings are limited, this project will focus on generating an IBDA that is relevant and adapted to

the Turkish situation and climate zones that is illustrated through provision of the two

demonstration buildings.

An integrated building design approach (IBDA), as promoted by this project, is a process of design

that integrates climatic conditions, the capture and the conservation of the free solar and internal

gains, the efficient and comprehensive reduction of all heat losses through walls and ventilation, the

accurate control of all external energy introduced for providing thermal comfort, light, and hot

water, and last but not least user awareness of new behaviors regarding energy use and good

operations and maintenance practices. The ultimate goal of applying IBDA is to achieve highperformance and multiple benefits at a lower cost than the total for all the components combined if

these were considered separately.

Key project partner agencies will collaborate to build one new building that is a public school (6,493

m2), one atelier building for IT education (1,656 m2) for MoNE, and one training unit of MoEU (1,578

m2) that will be used as a training center, demonstration area and office building for country-wide

1An integrated building design approach (IBDA), as promoted by this project, is a process of design that integrates climatic

conditions, the capture and the conservation of the free solar and internal gains, the efficient and comprehensive reduction

of all heat losses through walls and ventilation, the accurate control of all external energy introduced for providing thermalcomfort, light, and hot water, and last but not least user awareness of new behaviors regarding energy use and good

operations and maintenance practices.


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trainings and demonstration of construction materials for the agency carrying out energy efficiency

implementation. These buildings are referred to as Demonstration Building 1-A, Demonstration

Building 1-B and Demonstration Building 2, respectively.

Detailed information on the aforementioned design works can be found in the following sections of

the present Terms of Reference.

B DEFINITIONS

The following terms, concepts, acronyms and abbreviations are frequently used in these Terms of

Reference:

UNDP: United Nations Development Programme

Employer: United Nations Development Programme (UNDP)

Contractor: The entity, contracted by UNDP, to perform the services, stipulated in these Terms of

Reference

The Assignment: Unless otherwise specifically noted, the Assignment refers to the Preparation ofcomplete design, construction and tendering documents for three demonstration buildings to be

built in Ankara within the scope of Energy Efficiency in Buildings Projects

Instructions to Offerors (ITO): Annex 1 of the Tender Dossier. The document that provides

information on how to prepare proposals and apply for delivery of the required services within the

context of the Assignment.

Terms of Reference (ToR): Annex 3 of the Request for Proposal (This document) which articulates

terms and conditions for implementation of the assignment.

BEP: Building Energy Performance

BIM: Building Information Model

BREEAM: Building Research Establishment Environmental Assessment Method (an accreditationsystem)

Days: Unless otherwise explicitly stated, days shall mean calendar days

DWP: Design Works Package

EE: Energy Efficiency

EIE: General Directorate of Electrical Power Resources Survey and Development Administration

EU: European Union

GEF: Global Environment Facility

GHG: Greenhouse Gas

HVAC: Heating Ventilation and Air Conditioning

IBDA: Integrated Building Design ApproachLEED: Leadership in Energy and Environmental Design (an accreditation system)

MoENR: Ministry of Energy and Natural Resources

MoNE: Ministry of National Education

MoEU: Ministry of Environment and Urbanization

PMU: Project Management Unit staffed by UNDP and other project partner agencies

RE: Renewable Energy

TL: Team Leader

TOK: Housing Development Administration

TMMOB: Union of Turkish Engineers and Architects (UCTEA)


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C OBJECTIVE, PURPOSE AND EXPECTED RESULTS

C.1 Overall objective

The overall objective, towards which the Assignment will contribute, is to showcase cost-effective

energy efficiency solutions for new buildings through the application of integrated building designapproach (IBDA) in three demonstration buildings.

Ministry of National Education (MoNE) and Ministry of Environment and Urbanization (MoEU) will

collaborate to provide three new buildings for demonstration of IBDA, as defined below:

Demonstration Building 1-A: A public school building having a construction area of about

6,493 m2, (DEMO 1-A),

Demonstration Building 1-B: An atelier building for IT education having a construction

area of about 1,656 m2, (DEMO 1-B),

Demonstration Building 2: A training center and office building having a construction area of

about 1,578 m2

, (DEMO 2).The geographical scope of the three demonstration buildings is Ankara.

C.2 Purpose

The purpose of this Contract is to provide complete design and tendering documents for the

construction of three demonstration buildings and provision of consultancy and monitoring services

during the construction period for the subject buildings for the use of;

1) Ministry of National Education (MoNE) for demo building 1-A and 1-B,

2) Ministry of Environment and Urbanization (MoEU) for demo building 2, and

3) General Directorate of Electrical Power Resources Survey and Development Administration (EIE,

National Project Implementing Agency).

As such, the scope of the services within the Assignment will lead to development and delivery of

concrete outputs as defined below.

C.3 Results to be achieved by the Contractor

C.3.1 Demonstration Buildings 1-A and 1-B

Demonstration Buildings 1-A (A public school building having a construction area of about 6,493 m2)

and 1-B (An atelier building for IT education having a construction area of about 1,656 m2) located in

the same plot with an area of 17,030 m2

(the remaining from the construction area will designed aslandscaping area, see Annex 9 Enclosed documents for Demonstration Buildings) will be derived

from already-existing new building types that will undergo orientation, architectural design and

detailing changes, and equipment enhancements, so the process may be considered to be a holistic

retrofit to a yet-to-be-constructed building.

Development of the Demonstration Buildings 1-A and 1-1-AB will generate an IBDA/holistic retrofit

which will suggest changes to the orientation, construction documents, and specifications that

include, but are not limited to, the following: IBDA/holistic retrofit, a mix of no-cost, low-cost tactics,

and a range of EE/RE technologies and tactics, both active and passive. Specific technologies and

tactics to be used in the Demonstration Buildings 1-A and 1-B may include: building positioning,

orientation, micro-climate features, building automation system (BAS), factory-sealed low-e


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windows and doors, wall and roof insulation, prevention of thermal bypass and/or bridging,

advanced lighting technologies (e.g., CFLs), light shelves, and RE units. The proposed technologies

were selected because they represent a mix of state of the art and state of the shelf (i.e.,

products readily-available in Turkey) technologies or materials.

Demonstration Buildings 1-A and 1-B will also generate an Energy Performance Certificate supportedby accurate and reliable baseline comparison data from the other baseline school buildings and will

pioneer the process of passportization by noting any infrastructure or institutional obstacles found

during the application of the buildings Energy Performance Certificate.

C.3.2 Demonstration Building 2

Demonstration Building 2 located in a plot having a construction area of 1578 m2

(see Annex 9

Enclosed documents for Demonstration Buildings) will serve as a Technology and Information

Management Center. The design and construction documents for this building are not begun so the

Contractor will work to generate a true IBDA which will suggest proper orientation, construction

documents, and specifications that include, but are not limited to, the following: IBDA, a mix of no-

cost, low-cost tactics, and a range of EE/RE technologies and tactics, both active and passive.

Specific technologies and tactics to be used in Demonstration Building 2 may include: building

positioning, orientation, micro-climate features, building automation system (BAS), EE windows and

doors, wall and roof insulation, prevention of thermal bypass and/or bridging, advanced lighting

technologies (e.g., CFLs), light shelves, and RE as possible. The proposed technologies were selected

because they represent a mix of state of the art and state of the shelf (i.e., products readily-

available in Turkey) technologies or materials.

D SCOPE OF THE SERVICES

D.1 Basic Design Considerations

The Contractor shall, with due care and diligence, and in accordance with the provisions of the

contract, design the works and perform the complimentary activities in considerations with the

followings:

The prime consideration of the design works is to reduce energy consumption and

associated GHG emissions in demo buildings by means of integrated buildings design

approach (IBDA) and by using Energy Efficiency tactics and Renewable Energy technologies,

The design should provide modern and original architectural and engineering solutions fit tothe purpose, however standing on a functional, efficient and economical basis.

The design should contribute to sustainable development,

The subject building must conform in every respect to the public-buildings legislation in

force in Turkey. However, if such legislation has less binding force than an international

standard or directive acceptable to the Employer and/or key project partners, then buildings

must comply with the latter,

The following local legislations must be complied with:

- Urban development legislation (planning permission and environmental licenses ),

- Architectural legislation (architectural design, structural calculations for