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PROVISION OF HOTELS ACCOMODATION AND CONFERENCING :REQUEST FOR QUOTATION (RFQ)

 

REQUEST FOR QUOTATION (RFQ)

 

http://www.parlzim.gov.zw

 

 

REQUEST FOR QUOTATION (RFQ) FOR THE PROVISION OF HOTELS ACCOMMODATION AND CONFERENCE SERVICES

 

DATE: May 7, 2018

 

REFERENCE: RFQ/PoZ/01/2018

 

 

Dear Sir / Madam:

 

 

We kindly request you to submit your quotation for The Provision of Hotels Accommodation and Conference Services, as detailed in Annex 1 of this RFQ.  When preparing your quotation, please be guided by the form attached hereto as Annex 2. 

 

Quotations may be submitted on or before May 21, 2018 to the address below:

 

Procurement Officer

Programmes Coordination Unit,

                     Pax House, South Wing, Room 2.15,

                     Parliament of Zimbabwe

                     Cnr. Third Street and Nelson Mandela Avenue,

                     P. O Box CY 298 Causeway

                     Harare, Zimbabwe

 

 

                It shall remain your responsibility to ensure that your quotation will reach the address above on or before the deadline.  Quotations that are received by Parliament after the deadline indicated above, for whatever reason, shall not be considered for evaluation. 

               

Please take note of the following requirements and conditions pertaining to the supply of the above mentioned service/s:  [check the condition that applies to this RFQ, delete the entire row if condition is not applicable to the servicess being procured]

 

Exact Address/es of Delivery Location/s (identify all, if multiple)

    

Harare, Bulawayo, Mutare, Victoria Falls, Gweru, Masvingo, Kadoma, Kwekwe and in other cities/towns of Zimbabwe.

Preferred

Currency of Quotation

United States Dollars

 

Value Added Tax on Price Quotation

Must be exclusive of VAT and other applicable indirect taxes

Deadline for the Submission of Quotation

COB, Monday, May 21, 2018 and by 10:00 Hours Harare Local Time

 

All documentations, including catalogs, instructions and operating manuals, shall be in this language

English       

 

Documents to be submitted

Duly Accomplished Form as provided in Annex 2, and in accordance with the list of requirements in Annex 1;

 

Latest Business Registration Certificate;

 

 

Period of Validity of Quotes starting the Submission Date

90 days          

In exceptional circumstances, Parliament may request the Vendor to extend the validity of the Quotation beyond what has been initially indicated in this RFQ.   The Proposal shall then confirm the extension in writing, without any modification whatsoever on the Quotation. 

Partial Quotes

Not Permitted   

 

Permitted (Bidders can quote for provision of either accommodation only, conference facilities only or both

 

Bidders are encouraged to submit offers for what is available in the Hotel in line with the requirements in Annex 1.

  

Payment Terms

100% Within 30 days from date of submission of an invoice upon satisfactory completion of services

 

Evaluation Criteria

 

Technical responsiveness/Full compliance to requirements;

 

Highest % discount offer of technically qualified bidders on the offer for accommodation (Standard Rooms) and meeting room (expected capacity within the specified location as given in the Annex 2).  

 

The final prices indicated after discount shall be maintained for the first year of the Agreement and the discounts indicated shall be maintained for the two additional years.

 

At the time of every call-off, secondary bidding shall be conducted and the award criteria shall be based on the lowest price.

Any further discounts may be offered at the time of call –off.

Parliament will award to:

 

One or more Suppliers-

 

Long term agreements will be entered into with hotels in Harare, Bulawayo, Mutare, Victoria Falls, Gweru, Masvingo, Kadoma, Kwekwe and in the other cities/towns of Zimbabwe.

 

Type of Contract to be Signed

Long-Term Agreement. At every call-off under the Long Term Agreement, a Purchase Order will be issued to the hotel.

 

Special conditions of Contract

Cancellation of PO/Contract, if the contract conditions are not met.

 

Conditions for Release of Payment

Approved payment certification against approved usage.

Annexes to this RFQ

Specifications of the Services Required (Annex 1);

Form for Submission of Quotation, Evaluation Criteria & Price Schedule (Annex 2);

Long Term Agreement including General Terms and Conditions / Special Conditions (Annex 3).   

 

Non-acceptance of the terms of the General Terms and Conditions (GTC) shall be grounds for disqualification from this procurement process. 

Contact Person for Inquiries

(Written inquiries only)[1]

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Any delay in Parliament’s response shall not be used as a reason for extending the deadline for submission, unless Parliament determines that such an extension is necessary and communicates a new deadline to the prospective bidders.

Services offered shall be reviewed based on completeness and compliance of the quotation with the minimum specifications described above and any other annexes providing details of Parliament requirements.

 

The quotation that complies with all of the specifications, requirements and offers the lowest price, as well as all other evaluation criteria indicated, shall be selected.  Any offer that does not meet the requirements shall be rejected.

 

Any discrepancy between the unit price and the total price (obtained by multiplying the unit price and quantity) shall be re-computed by Parliament.  The unit price shall prevail and the total price shall be corrected.  If the supplier does not accept the final price based on Parliament’s re-computation and correction of errors, its quotation will be rejected. 

 

After Parliament has identified the lowest price offer, Parliament reserves the right to award the contract based only on the prices of the services/or goods in the event that the transportation cost (freight and insurance) is found to be higher than Parliament’s own estimated cost if sourced from its own freight forwarder and insurance provider. 

 

At any time during the validity of the quotation, no price variation due to escalation, inflation, fluctuation in exchange rates, or any other market factors shall be accepted by Parliament after it has received the quotation.   At the time of award of Contract or Purchase Order, Parliament reserves the right to vary (increase or decrease) the quantity of services and/or goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit price or other terms and conditions. 

 

Any Purchase Order that will be issued as a result of this RFQ shall be subject to the General Terms and Conditions attached hereto.  The mere act of submission of a quotation implies that the vendor accepts without question the General Terms and Conditions of Parliament herein attached as Annex 3.

 

Parliament is not bound to accept any quotation, nor award a contract/Purchase Order, nor be responsible for any costs associated with a Supplier’s preparation and submission of a quotation, regardless of the outcome or the manner of conducting the selection process.

 

                               

Parliament encourages every prospective Vendor to avoid and prevent conflicts of interest, by disclosing to Parliament if you, or any of your affiliates or personnel, were involved in the preparation of the requirements, design, specifications, cost estimates, and other information used in this RFQ. 

 

Parliament implements a zero tolerance on fraud and other proscribed practices, and is committed to identifying and addressing all such acts and practices against Parliament, as well as third parties involved in Parliament activities. 

 

Thank you and we look forward to receiving your quotation.

 

Sincerely yours,

 

Luckson Mangena

Procurement Officer      

May 7, 2018


Annex 1

 

Specifications of the Services Required

               

The Parliament of Zimbabwe (PoZ) in collaboration with Parliamentary Support donor agencies in Zimbabwe listed below is exploring the possibility of engaging multiple hotels on a recurrent basis to provide hotel room accommodation and conference/workshop related services, as needs arise, in order to ensure best value for Parliament.  The total spend by Parliament of Zimbabwe in hotels services in Zimbabwe is about US$1,800,000.00 per annum 

 

Parliament of Zimbabwe envisages entering into a Long Term Agreement/Framework contract for one year with option to renew for two additional years, subject to satisfactory provision of the services, with hotels in Harare, Bulawayo, Mutare, Victoria Falls, Gweru, Masvingo, Kadoma, and Kwekwe and in other cities/towns of Zimbabwe. At every call-off under this Agreement, a Purchase Order will be issued to the hotel for the cost of the services requested under the call-off.

 

Parliament may conduct site visits to verify all information supplied by bidders.

 

The minimum requirements are as indicated below:

 

Item

 

Description of Requirement

 

Availability of a power back-up system

24-hour power back-up system to support the entire facility including water supplies

Availability of non-smoking rooms

Bed & breakfast per person night – single standard room

If you answered yes to question above, please indicate number of rooms

 

 

Availability of Wi-Fi in rooms

 

Reliability and Quality of service must be ensured. Overall uptime should not be less than 99.5%

Minimum required Room furnishing/amenities

-Work table

-Television

 -En-suite shower and toilet

 

Availability of Restaurants

 

Availability of

·         Lunch

·         Dinner

-buffet, plated service or in-room

Availability of a Business Center

-telephone facilities

-printing services

-photocopying

Availability of meeting rooms

Availability of conference services:
-setup as advised
-wireless internet connection
-refreshments to include tea/coffee, juice, water, snacks (twice a day)
-buffet lunch with soft drink and dessert
(menu modifications must be possible if requested based participants' preferences)

 

Availability of Wi-Fi in meeting rooms

Reliability and Quality of service must be ensured. Overall uptime should not be less than 99.5%

Availability of Public Address System in the meeting rooms

Availability of Public Address System in the meeting rooms:
-Including 2 wireless microphones, setup and support

 

Availability of a Projection system, etc.

Availability of a Projection system, setup and support including stationery as below:
-one pen and notepad per participant
-flip chart with pads
-whiteboard with markers (assorted colors) and eraser

 

Availability of Toilet facilities for meeting participants

Availability of toilets with running water, tissues and hand dryers, etc

Accessibility for physically challenged individuals (PCIs) to hotel rooms and meeting rooms

Access facilities for PCIs to hotel rooms and meeting rooms

Parking spaces

Availability of parking spaces for at least 10 passenger cars and one/two buses

Support services

 

Provision of one staff as the focal person to deal with Parliament on all matters concerning the management of the LTA. The name of the contact person must be stated in the response to this RFQ.

 

List of Parliamentary Support donor agencies and partners:

 

  1. United Nations Development Programme (UNDP)
  2. European Union (EU)
  3. Swedish International Development Agency (SIDA)
  4. African Development Bank (AfDB)
  5. World Bank (WB)
  6. Civil Society Organisations (SAPST, ZELA, ZWRCN, TIZ, ZI, etc)

 

 

 

Annex 2

 

FORM FOR SUBMITTING SUPPLIER’S QUOTATION[2]

(This Form must be submitted only using the Supplier’s Official Letterhead/Stationery[3])

 

 

 

We, the undersigned, hereby accept in full the Parliament General Terms and Conditions, and hereby offer to provide the services listed below in conformity with the specification and requirements of Parliament as per RFQ Reference No. _______:

 

The Bidder is required to prepare the Price Schedule as indicated in the Instruction to Bidders.

 

  1. The Price Schedule must provide a detailed cost breakdown for each item.
  2. Technical descriptions for each proposed item must provide sufficient detail to allow the Purchaser to determine compliance of the Bid with specifications as per the technical requirements of this RFQ.
  3. All prices/rates quoted must be exclusive of all taxes, since the donor agencies, including their subsidiary organs, are exempt from taxes.
  4. The format shown on the following pages should be used in preparing the Price Schedule.

 

Discounts should be indicated in percentage.

 

 

NAME OF HOTEL           __________________________________________________

 

STATE                             ____________________________________________________

 

CITY                               _____________________________________________________

 

 

IS THERE A 24- HOUR SOURCE OF POWER           YES,         NO,        OTHER

  (Stand-by Generator/Inverter)              

 

 

 

 

 

 

 

 

Please provide information on each of the requirements

 

 

TECHNICAL REQUIREMENTS

Mandatory Requirements

YES THIS SERVICE IS AVAILABLE

NO, THIS SERVICE IS NOT AVAILABLE

 
 

 

STANDARD ROOMS

 

 

 

 

1.1

Availability of non-smoking rooms
-bed and breakfast

Mandatory

 

 

 

1.2

If you answered yes to question 1.1, please indicate number of rooms

 

 

 

 

1.3

Availability of Wi-Fi in rooms
-Reliability and Quality of service must be ensured. Overall uptime should not be less than 99.5%

Mandatory

 

 

 

1.4

Minimum Room furnishing/amenities

 

 

 

 

1.5

·       Work table

Mandatory

 

 

 

1.6

·       Television

Mandatory

 

 

 

1.7

·       En-suite shower and toilet

Mandatory

 

 

 

1.8

Availability of a Business Centre
-telephone facilities
-printing services
-photocopying

Mandatory

 

 

 

1.9

Accessibility for physically challenged individuals (PCIs) to hotel rooms

If not presently available please indicate when it will be.

 

 

 

1.10

Total number of parking spaces (#)

Mandatory

 

 

 

1.11

Availability of a 24-hour power back-up system to support the entire facility including water supplies

Mandatory

 

 

 

         1.12

Conclusions : Fully Compliant/Non- compliant

 

 

 

 

 

CONFERENCE SERVICES

 

 

 

 

 

 

 

 

 

 

2.1

Availability of conference rooms:
-setup as advised
-wireless internet connection
-refreshments to include tea/coffee, juice, water, snacks (twice a day)
-buffet lunch with soft drink and dessert
(menu modifications must be possible if requested based participants' preferences)

Mandatory

 

 

 

2.2

If you answered yes to question 2.1, please indicate capacity of conference rooms

 

 

 

 

2.3

Availability of Wi-Fi in meeting rooms
-Reliability and Quality of service must be ensured. Overall uptime should not be less than 99.5%

Mandatory

 

 

 

2.4

Availability of Public Address System in the meeting rooms:
-Including 2 wireless microphones, setup and support

Mandatory

 

 

 

2.5

Availability of a Projection system, setup and support including stationery as below:
-one pen and notepad per participant
-flip chart with pads
-whiteboard with markers (assorted colours) and eraser

Mandatory

 

 

 

2.6

Availability of toilet facilities for meeting participants
-toilets with running water, tissues, hand dryers, etc

Mandatory

 

 

 

2.7

Accessibility for physically challenged individuals to meeting rooms

If not presently available please indicate when it will be.

 

 

 

2.8

Total number of parking spaces
-Availability of parking spaces for at least 10 passenger cars and 1  bus

Mandatory

 

 

 

2.9

Availability of a 24-hour power back-up system to support the entire facility including water supplies

Mandatory

 

 

 

         2.10

Conclusions : Fully Compliant/Non- compliant

 

 

 

 

 

 

 

 

 

 

 

 


HOTELS STANDARD ROOMS & CONFERENCING CAPAPCITY

                     

CRITERIA

NO. OF ROOMS

>200

>70 &<200

>150

>40 & <150

>100

>50

>30

>20

>15

>10

LOCATIONS

HARARE

HARARE,

 NYANGA

 VIC FALLS

BULAWAYO

BULAWAYO

KADOMA

KARIBA

MUREHWA

 MUTARE

MUTOKO

MASVINGO

BEITBRIDGE, CHINHOYI, CHIREDZI, VIC FALLS

SELOUS, GWERU

CHIPINGE, KAROI, MUTARE

MAX. NO OF HOTELS TO BE CONSIDERED FOR LONG TERM AGREEMENT IN EACH CITY

3

5

2

3

3

3

1

2

1

2

1

2

4

3

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRITERIA

CAPACITY OF CONFERENCE ROOMS

 

 

 

 

 

 Over 1000

>750 & <1000

>500 &<750

>250 & <500

>100 & <250

>20 & <100

LOCATIONS

HARARE,

 

HARARE, BULAWAYO

VICTORIA FALLS

HARARE, BULAWAYO, VICTORIA FALLS, MUTARE, GWERU

HARARE, BULAWAYO, MUTARE, VICTORIA FALLS, NYANGA, MASVINGO, MUREHWA, MUTOKO,  SELOUS, CHINHOYI, CHIREDZI, KADOMA

HARARE, GWERU, KARIBA, CHIPINGE, KAROI, JULIUSDALE

MAX. NO OF HOTELS TO BE CONSIDERED FOR LONG TERM AGREEMENT IN EACH CITY

1

0

3

2

15

6

 

 

NB: Long term agreements will be signed with a maximum of 38 hotels country wide.

 

 

 

 

 

 

 

 

 

 


PRICE SCHEDULE

ROOMS (Except for standard rooms which is mandatory, for the rest please indicate only the ones that are available)

 

 

Hotel Published Price (USD)

(Net rate without VAT)

Discount Offered in percentage

Final Price after Discount

Standard Room (Mandatory)

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Superior

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Deluxe

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Executive Floor

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Junior Suite

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Executive Suite

Single Occupancy - Bed & Breakfast

 

 

 

 

Double Occupancy - Bed & Breakfast

 

 

 

Extra Bed

 

 

 

 

 

 

Meals Services Rate

 

 

 

 

Food & Beverages

Price (USD)

(Net rate without VAT)

Discount Offered in percentage

Final price after discount

 

 Lunch 

 

 

 

 

Dinner (Buffet)

 

 

 

 

Coffee Break

 

 

 

 

Water

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meeting Room Capacity

Rental Rate / day

(Net rate without VAT)

 

Discount Offered in percentage

Final price after discount

Conference Room to accommodate over 1000 participants.

 

 

 

Conference Room to accommodate >500 & <750 participants.

 

 

 

- Conference Room to accommodate >250 & <500 participants.

 

 

 

- Conference Room to accommodate >100 & <250 participants.

 

 

 

- Conference Room to accommodate >20 & <100 participants

 

 

 

 

 

Audio/visual & other equipment rental rate

 

 

 

List of equipment for rent

Price/day (Net rate

without VAT)

 

Discount Offered in percentage

Final price after discount

 

LCD Projector (Price per day)

 

 

 

 

Flip Chart Paper

 

 

 

 

Public Address System

 

 

 

 

Wireless Internet

 

 

 

                     

 

 

TABLE 3: Offer to Comply with Other Conditions and Related Requirements

 

Other Information pertaining to our Quotation are as follows :

 

Your Responses

Yes, we will comply

No, we cannot comply

If you cannot comply, pls. indicate counter proposal

Validity of Quotation (90 days)

 

 

 

Final Price Fixed for initial one year of LTA

 

 

 

Offered discount fixed for the subsequent 2 years of the LTA

 

 

 

All Provisions of the Parliament General Terms and Conditions

 

 

 

Other requirements [pls. specify]

 

 

 

 

All other information that we have not provided automatically implies our full compliance with the requirements, terms and conditions of the RFQ.

 

 

 

[Name and Signature of the Supplier’s Authorized Person]

[Designation]

[Date]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 3

LONG TERM AGREEMENT FOR THE PROVISION OF SERVICES TO THE PARLIAMENT OF ZIMBABWE

 

 

This Long Term Agreement is made between PARLIAMENT OF ZIMBABWE, having its Offices at Corner Kwame Nkrumah Avenue and 3rd Street, Harare, Zimbabwe (hereinafter “PARLIAMENT”) and  _____________ (hereinafter called “Contractor”) with its headquarters at ______________.

 

WHEREAS, PARLIAMENT desires to enter into a Long Term Agreement for the provision of services by the Contractor to PARLIAMENT, pursuant to which PARLIAMENT can conclude specific contractual arrangements with the Contractor, as provided herein;

 

WHEREAS pursuant to the Request for Quotation ……[to complete] the offer of the Contractor was accepted;

 

NOW, THEREFORE, PARLIAMENT and the Contractor (hereinafter jointly the “Parties) hereby agree as follows:

 

Article 1:  SCOPE OF WORK

 

  1. The Contractor shall provide the types of services and deliverables, which are listed in Annex 1 hereto (“Services/Terms of Reference”), as and when negotiated by PARLIAMENT reflected in a contract for professional services, in the form attached hereto as Annex 2.

 

 

  1. Such Services shall be at the discount prices listed in Annex 3. The prices shall remain in effect for a period of three years from Entry into Force of this Agreement.

 

  1. PARLIAMENT does not warrant that any quantity of Services will be purchased during the term of this Agreement, which shall be for one year with option to renew for two additional years, subject to satisfactory provision of the services.

 

Article 2: CHANGES IN CONDITION

 

  1. In the event of any advantageous technical changes and/or downward pricing of the Services during the duration of this Agreement, the Contractor shall notify PARLIAMENT immediately.  PARLIAMENT shall consider the impact of any such event and may request an amendment to the Agreement.

 

 

 

 

 

 

Article 3:  CONTRACTOR'S REPORTING

 

5.  The Contractor will report semi-annually to PARLIAMENT on the Services provided to PARLIAMENT.

 

Article 4:  GENERAL AND SPECIAL TERMS AND CONDITIONS

 

6. The standard PARLIAMENT General Conditions for Professional Services, attached as Annex 4, shall apply to this Agreement, and any subsequent contracts concluded in accordance with paragraph 1 above.

 

Article 5:  ACCEPTANCE

 

    7. This Agreement supersedes all prior oral or written agreements, if any, between the Parties and constitutes the entire agreement between the parties with respect to the provision of the Services hereunder.

 

8. This Agreement shall enter into force on the date of the last signature by the representatives of the Parties and shall remain in force for a period of one year, and may be extended for [two additional] years by mutual agreement of the Parties.

                                                  

 

IN WITNESS WHEREOF, the duly authorized representative of the PARTIES have signed this agreement.

 

For and on behalf of:

 

CONTRACTOR                                             PARLIAMENT OF ZIMBABWE

 

 

 

 

____________________________               ______________________________

                                               

                                                                                               

 

 

Date: ________________________               Date: _________________________


 

 

PARLIAMENT OF ZIMBABWE

 

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-à-vis the PARLIAMENT OF ZIMBABWE (“PARLIAMENT”).  The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of PARLIAMENT.

 

2.0       SOURCE OF INSTRUCTIONS:

 

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

 

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 the implementation 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 PARLIAMENT.

 

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 PARLIAMENT for all sub-contractors.  The approval of PARLIAMENT 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 PARLIAMENT has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof.  The Contractor agrees that breach of this provision is a breach of an essential term of this Contract.

 

7.0       INDEMNIFICATION:

 

The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, PARLIAMENT, 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 PARLIAMENT as additional insured;

 

8.4.2    Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the PARLIAMENT;

 

8.4.3    Provide that the PARLIAMENT 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 PARLIAMENT 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 PARLIAMENT against any 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 PARLIAMENT shall rest with PARLIAMENT and any such equipment shall be returned to PARLIAMENT at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to PARLIAMENT, 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 PARLIAMENT 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 PARLIAMENT 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 PARLIAMENT 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 PARLIAMENT.

 

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 the performance 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 PARLIAMENT does not and shall not claim any ownership interest thereto, and the Contractor grants to the PARLIAMENT 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 PARLIAMENT; 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 PARLIAMENT in compliance with the requirements of the applicable law and of the Contract.

 

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 PARLIAMENT, shall be made available for use or inspection by the PARLIAMENT at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to PARLIAMENT authorized officials on completion of work under the Contract.

 

12.0     USE OF NAME, EMBLEM OR OFFICIAL SEAL OF PARLIAMENT:

 

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with PARLIAMENT, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of PARLIAMENT, or any abbreviation of the name of PARLIAMENTin 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 Discloser’s 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 Discloser’s 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 Discloser’s prior written consent; and,

 

             13.2.2 the Recipient’s employees, officials, representatives and agents who have a need to know 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;

 

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 PARLIAMENT, the Contractor will give the PARLIAMENT sufficient prior notice of a request for the disclosure of Information in order to allow the PARLIAMENT 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 PARLIAMENT may disclose Information to the extent as required pursuant to the mandate of the PARLIAMENT, resolutions or regulations of the PARLIAMENT, or rules promulgated by the Committee on Standing Rules and Orders (SROC).

 

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 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 PARLIAMENT, 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 PARLIAMENT 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 PARLIAMENT 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 PARLIAMENT 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 PARLIAMENT is engaged in, preparing to engage in, or disengaging from any field 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     PARLIAMENT reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case PARLIAMENT 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 PARLIAMENT under this Article, no payment shall be due from PARLIAMENT to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract.

 

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 PARLIAMENT 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 PARLIAMENT 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 Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

 

16.2     Arbitration: In the event of any party failing to abide by the terms of the contract the parties shall resolve the dispute amicably or through an Arbitrator in terms of the Arbitrators Act. 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 PARLIAMENT.

 

18.0     CHILD LABOUR

 

18.1     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 Constitution of Zimbabwe, 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.

 

18.2     Any breach of this representation and warranty shall entitle PARLIAMENT to terminate this Contract immediately upon    notice to the Contractor, at no cost to PARLIAMENT.

 

 

19.0     MINES:

 

19.1     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.

 

19.2     Any breach of this representation and warranty shall entitle PARLIAMENT to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of PARLIAMENT.

 

 

 

20.0     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.

 

21.0     SEXUAL EXPLOITATION:

 

21.1     The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor 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 PARLIAMENT to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind.

 

21.2     The PARLIAMENT shall not apply the foregoing standard relating to age in any case in which the Contractor’s 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 Contractor’s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract.

 

22.0 AUTHORITY TO MODIFY:

 

Pursuant to the Financial Regulations and Rules of Government of Zimbabwe, only the PARLIAMENT Authorized Official possesses the authority to agree on behalf of PARLIAMENT 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 PARLIAMENT unless provided by an amendment to this Agreement signed by the Contractor and jointly by the PARLIAMENT Authorized Official.

 



[1] This contact person and address is officially designated by Parliament.  If inquiries are sent to other person/s or address/es, even if they are Parliament staff, Parliament shall have no obligation to respond nor can Parliament confirm that the query was received.

[2] This serves as a guide to the Supplier in preparing the quotation and price schedule.

[3] Official Letterhead/Stationery must indicate contact details – addresses, email, phone and fax numbers – for verification purposes

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