Sbd Services Global Price -Sharepoint- Ex-Ante Comments
Sbd Services Global Price -Sharepoint- Ex-Ante Comments
Sbd Services Global Price -Sharepoint- Ex-Ante Comments
PROCUREMENT OF SERVICES
(Global Price)
BIDDING DOCUMENTS
Issued on: 15th November 2024
FOR
PROVISION OF SHAREPOINT AS AN
ELECTRONIC DOCUMENT AND RECORDS
MANAGEMENT SYSTEMS TO SADC
SECRETARIAT
Dear Bidders,
1. The SADC Secretariat now invites proposals to provide the following consulting
services: Provision of Sharepoint as an Electronic Document and Records Management
Systems to SADC Secretariat. More details on the services are provided in the attached Terms
of Reference.
3. A contractor will be selected under the Open Bidding procurement method and
procedures described in this Bidding Documents.
5. Please inform us, upon receipt, within maximum twenty (20) days:
(b) whether you will submit a proposal (if not state the reasons).
Yours sincerely,
Thomas Chabwera
Head of Procurement Unit
9
1. Introduction 1.1 The Procuring Entity named in the Data Sheet will select a
firm/eligible institution among those listed in the Letter of
Invitation, in accordance with the procurement method indicated
in the Data Sheet, method detailed in the edition of the
Guidelines indicated in the Data Sheet.
1.5 The Procuring Entity will provide the inputs specified in the
Data Sheet, assist the firm in obtaining licenses and permits
needed to carry out the services, and make available relevant
project data and reports.
1.6 Please note that (i) the costs of preparing the proposal, including
a visit to the Procuring Entity, are not reimbursable as a direct
cost of the assignment; and (ii) the Procuring Entity is not bound
to accept any of the proposals submitted.
a) defines for the purposes of this provision, the terms set forth
below as follows:
(i) “corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
A. “Fraudulent practice” is any act or omission, including
misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain
financial or other benefits or to avoid an obligation.
B. “Collusive practices” is an arrangement between two or
more parties designed to achieve an improper purpose,
including to influence improperly the actions of
another party;
C. “Coercive practices” is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
D. “Obstructive practice”
Section 2. Information to Bidders 13
(i) If a Bidder considers that it does not have all the expertise
for the assignment, it may obtain a full range of expertise
by associating with individual Bidder(s) and/or
subcontract part of the services to other consulting firms,
as appropriate. In case of subcontracting this shall be in
the limit stated in the Data Sheet but under no
circumstances shall exceed forty percent (40%) of the
total staff-days input. The Bidders are encouraged to seek
the participation of regional Bidders when subcontracting
Section 2. Information to Bidders 16
(iii) If requested in the TOR the list of the proposed staff team
for the implementation.
Financial 3.6 In preparing the Financial Proposal, Bidders are expected to take
Section 2. Information to Bidders 17
3.7 The Financial Proposal shall not include the local taxes
(including social security), duties, fees, levies, and other charges
imposed under the applicable law in the Procuring Entity’s
country or in the countries of assignment, on the Bidders, the
subcontractors, and their personnel (other than nationals or
permanent residents of the Procuring Entity’s country), unless
the Data Sheet specifies otherwise. For this purpose, the
bidders’, the subcontractors’ and their personnel’ home countries
shall not be considered as countries of assignment.
3.9 The total budget available for this assignment, including the taxes
indicated at para. 3.7 and the reimbursable expenses indicated at
paragraph 3.8, is indicated in the Data Sheet. Financial
Proposal exceeding the available budget will be rejected as
non-responsive.
3.12 The Data Sheet indicates how long the proposals must remain
valid after the submission date. During this period, the Bidder is
expected to keep available the professional staff proposed for the
assignment. The Procuring Entity will make its best effort to
complete evaluation within this period. If the Procuring Entity
Section 2. Information to Bidders 18
4. Submission, 4.1 The original proposal (Technical and Financial Proposal) shall be
Receipt, and prepared in indelible ink. It shall contain no interlineation or
Opening of overwriting, except as necessary to correct errors made by the
Proposals firm itself. Any such corrections must be initialed by the persons
or person who sign(s) the proposals.
4.3 For each proposal, the Bidders shall prepare the number of copies
indicated in the Data Sheet. Each Technical Proposal and
Financial Proposal shall be marked “ORIGINAL” or “COPY” as
appropriate. If there are any discrepancies between the original
and the copies of the proposal, the original governs.
4.4 The original and all copies of the Technical Proposal shall be
placed in a sealed envelope clearly marked “Technical Proposal,”
and the original and all copies of the Financial Proposal in a
sealed envelope clearly marked “FINANCIAL PROPOSAL” and
warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.”
Both envelopes shall be placed into an outer envelope and sealed.
This outer envelope shall bear the submission address and other
information indicated in the Data Sheet and be clearly marked,
“DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATION
COMMITTEE.” Information on the outer and inner envelopes
should also include the name of the Bidder and the contract
name and reference number.
5. Proposal
Evaluation
General 5.1 From the time the bids are opened to the time the contract is
awarded, if any Bidder wishes to contact the Procuring Entity on
any matter related to its proposal, it should do so in writing at the
Section 2. Information to Bidders 19
Public o The Procuring Entity shall conduct the bid opening in public at
Opening and the address, date and time specified in the Data Sheet. Only the
Evaluation representatives of the bidders and the Evaluation Committee
of Technical members are allowed to participate in public opening sessions. Any
Proposals: other interested person shall request, in writing, the SADC
Scoring Secretariat’s permission to participate in a specific bid opening
session.
o The bid opening shall commence with the Chairperson the
Evaluation Committee reading out the Bidders’ names and the
time of arrival of the proposal. A registration number will be
given to each proposal. All envelopes shall be opened one at a
time, by the Chairperson of the Evaluation Committee, in order of
their arrival.
o At the opening, only the Technical Proposal envelope shall be
opened immediately and checked for compliance with formal
submission requirements by the evaluation committee. The
Financial Proposal shall remain sealed and deposited in a safe place
until all submitted proposals, of technically responsive bids, are
opened publicly. In case the envelopes are not submitted
separately the Bidder will be excluded.
o No Bid shall be rejected at Bid opening except for late bids, in
accordance with ITB Sub-Clause 4.5 and the other listed in the
template for opening checklist (see in Annex to Services to
SADC Guidelines for Procurement and Grants). Only envelopes
that are opened and read out at Bid opening shall be considered
further.
o The Procuring Entity shall prepare the minutes of the Bid
opening that shall include a brief description of the bid opening
procedures and its finding as. The Bidders’ representatives who
are present shall be requested to sign the attendance sheet. A
copy of the minute shall be distributed to all Bidders who
submitted bids in time.
Section 2. Information to Bidders 20
Public 5.9 After the evaluation of quality is completed, the Procuring Entity
Opening and shall notify those Bidders whose proposals did not meet the
Evaluation minimum qualifying mark or were considered nonresponsive to
of Financial the BD and Terms of Reference, indicating that their Financial
Proposals: Proposals will be returned unopened after completing the
Ranking selection process. The Procuring Entity shall simultaneously
notify the Bidders that have secured the minimum qualifying
mark, indicating the date and time set for opening the Financial
Proposals. The opening date shall not be sooner than two weeks
after the notification date. The notification may be sent by
registered letter, cable, telex, facsimile, or electronic mail.
5.10 The Financial Proposals shall be opened publicly in the presence
of the Bidders’ representatives who choose to attend. The name
of the Bidder, the technical scores, and the proposed prices shall
be read aloud and recorded when the Financial Proposals are
opened. The Procuring Entity shall prepare minutes of the public
opening.
5.11 The evaluation committee will determine whether the Financial
Proposals are complete (i.e., whether they have costed all items
of the corresponding Technical Proposals; if not, the Procuring
Entity will cost them and add their cost to the initial price),
correct any computational errors, and determine if the total price
is within the maximum budget available. The evaluation shall
exclude those taxes, duties, fees, levies, and other charges
imposed under the applicable law; and to be applied to foreign
and non-permanent resident Bidders (and to be paid under the
contract, unless the Bidder is exempted), and estimated as per
paragraph. 3.7. Should the Financial Proposal, after applying
any correction or adjustments, exceeds the available budget
for the assignment indicated at paragraph 3.9, this shall be
automatically disqualified.
Section 2. Information to Bidders 21
6. 6.1 The Contracting Authority, prior to award the contract, may enter
into negotiation with the successful bidder in order to confirm the
Negotiation availability for the assignment, incorporation in the methodology
s of of the aspects for which clarifications where requested during the
Contract evaluation and the modification of the schedule of mobilization
of the team and submission of deliverables under the contract.
6.2 No negotiation on the: (i) unit or total price, and/or (ii) proposed
methodology is allowed.
7. Award of 7.1 The Bidder who submitted a technical and financial responsive
Section 2. Information to Bidders 22
7.2 After the approval of the Evaluation Report, the Procuring Entity
will promptly notify other both the success and the unsuccessful
bidders about the outcome of the evaluation of the bids.
7.4 No later than thirty (30) days from that date of notification of the
recommendation for the award of the contract, the Procuring
Entity shall submit to the applicant the contract for the services.
The successful Bidder shall be given fifteen (15) days to sign the
contract to the Contracting Authority. If it fails to do so, the
Procuring Entity may consider cancelling the award of the
contract.
9. Appeals 9.1 Short listed Bidders may appeal any of the Procuring Entity’s
decision taken during the evaluation process by following the
procedures described on the SADC Secretariat Guidelines at the
article specified in the Data Sheet.
Information to Bidders
DATA SHEET
1.2 The name, objectives, and description of the assignment are Sharepoint as
an Electronic Document and Records Management Systems to SADC
Secretariat
1.5 The Procuring Entity will provide the following inputs: Not Applicable
1.7.3 The Procuring Entity envisages the need for continuity for downstream
work: “No”
2.1 The Last date to receive Requests for Clarifications is 25th November 2024
at Midnight Hours local Botswana time.
The Last date for responses to requests for clarifications is 5th December
2024 at midnight local Botswana time.
Section 2. Information to Bidders 24
Reports that are part of the assignment must be written in the following
language(s): English
3.7 Taxes: Where applicable, bidders should include VAT in their pricing
clearly separated from the other quoted rates.
3.9 The maximum estimated budget for this contract is USD 55,000 (Fifty-Five
Thousand United States Dollars only).
NB: The SADC Secretariat will enter into contract only after
availability of funds after approval by Council.
3.12 Proposals must remain valid 120 days after the submission date
4.4 Bidders must submit electronic version of the technical proposal only.
Bidders passing the threshold under 5.8 below (i.e. technically responsive
bids) will be asked to submit the financial proposals. The proposal
submission virtual link is: https://collab.sadc.int/s/qQyG5MR6NkiT89c
Submission will bear the reference as per 2.1 above of this BDS.
NB: Bidders that submit the Technical Proposal together with the
Financial Proposal at this stage will be disqualified.
4.5 The closing date for submission of bids shall be at or before 16th
December 2024 at Midnight Hours Local Botswana Time.
Bids received after this date and time shall be automatically disqualified.
Head of Procurement
Section 2. Information to Bidders 26
SADC Secretariat
Private Bag 0095
Gaborone, BOTSWANA
Criteria Score
Understanding of Terms of Reference 10
Understanding of the required assignment as detailed in
the TORs
Agile or Waterfall Methodology: 5
Workplan (clear and concise) 5
Proven Experience 30
The firm must have in-depth knowledge and proven
experience in configuring and developing SharePoint
Online, including customizing features, workflows,
and document management solutions.
The Firm must show understanding the broader
Microsoft 365 environment, including integration with
other Microsoft services such as Teams, OneDrive,
Power Automate, Power BI, and Microsoft Dynamics.
o Power Automate for creating workflows and
process automation.
o PowerApps for building custom apps that
integrate with SharePoint.
o REST APIs and Graph APIs for integration
and development of custom solutions
o Development Skills: Expertise in:
SharePoint Framework (SPFx) for
customizing SharePoint with modern web
technologies.
Criteria Score
Qualification and Skills 15
The implementing team should have the following combined
minimum qualification:
Certified Microsoft professionals including.
Microsoft Certified: SharePoint Developer Associate
Microsoft Certified: Teams Application Developer Associate
Microsoft Certified: Power Platform Developer Associate
Azure Solutions Architect for SharePoint Online
integrations.
Proven experience using project management
methodologies like Agile or Waterfall to plan, execute,
and deliver SharePoint Online projects within scope,
budget, and timelines.
The firm should employ project managers with
certifications such as Project Management Professional
(PMP) or Certified ScrumMaster (CSM), ensuring
effective management of project resources, risks, and
timelines.
The minimum technical score required to pass: 70 points. Bids not reaching
70 points shall be considered not compliant. Out of the 70 points threshold,
Section 2. Information to Bidders 29
the best technical offer is awarded 100 points. The others receive points
calculated using the following formula: Technical score = (final score of the
technical offer in question/final score of the best technical offer) x100.
5.13 Financial evaluation: The Evaluation Committee shall proceed with the
financial comparisons of the fees between the different financial offers.
Both the provisions for reimbursable costs and expenditure verification shall
be excluded from the comparison of the financial bids. The offer with the
lowest total fees shall receive 100 points. The others are awarded points by
means of the following formula:
Financial score = (lowest total fees /total fees of the tender being
considered) x 100.
6.3 The address where the negotiations of the contract (if required) will be held
is:
The SADC Secretariat
Plot 54385 New CBD
Private Bag 0095
City: Gaborone
Country: BOTSWANA
7.5 The expected date to commence the assignment is January 2025 but under
no circumstances shall be earlier than two (2) weeks after the contract
signature by both parties.
9.1 The procedures to be followed to appeal a Procuring Entity decision in the
procurement process are described in the article 7 of the SADC Secretariat
Procurement and Grants Guidelines, edition August 2021
Section 3. Technical Proposal Submission Form
[Comments in brackets [ ] provide guidance to the Bidders for the preparation of their Technical
Proposals; they should not appear on the Technical Proposals to be submitted.]
Contents
FORM TECH-1 TECHNICAL PROPOSAL SUBMISSION FORM............................................................30
FORM TECH- 2 COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE , ON
COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE PROCURING ENTITY AND ON
STANDARD FORM OF CONTRACT......................................................................................................31
FORM TECH-3 DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING
THE ASSIGNMENT ......................................................................................................32
FORM TECH-4 TEAM COMPOSITION AND TASK ASSIGNMENTS.....................................................33
FORM TECH-5 CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF...
…...34
[Location, Date]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for [insert the title
and reference number of service contract] in accordance with your Bidding Documents
dated [insert the date] and our Proposal. We are hereby submitting our Proposal, which
includes this Technical Proposal, and a Financial Proposal sealed under a separate
envelope.
Our Proposal is binding upon us and subject to the modifications resulting from
correction and clarification made during the evaluation process, for a period of [insert the
number of days] form the deadline for submission of the bid, as indicated in the Data
Sheet reference to clauses 3.12 and 4.5.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
We further declare that in case we get shortlisted we will provide necessary supporting
documents that will prove that we do not fall into any of
Section 3. Technical Proposal Submission Form
[Present and justify here any modifications or improvement to the Terms of Reference
you are proposing to improve performance in carrying out the assignment (such as
deleting some activity you consider unnecessary, or adding another, or proposing a
different phasing of the activities). Such suggestions should be concise and to the point
and incorporated in your Proposal.]
[Please recommend any change in the Standard Form of Contract’s clauses you would
like to see incorporated in the final Contract. Please indicate which of the proposed
changes, if not accepted by the Procuring Entity could determine you to reject the
Contract for this assignment. Use maximum 2 pages]
Section 3. Technical Proposal Submission Form
[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (max. 30 pages, inclus-
ive of charts and diagrams) divided into the following three chapters:
a) Technical Approach and Methodology. In this chapter you should explain your un-
derstanding 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. You should highlight the problems being addressed and their importance
and explain the technical approach you would adopt to address them. You should also
explain the methodologies you propose to adopt and highlight the compatibility of those
methodologies with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment,
their content and duration, phasing and interrelations, milestones (including interim ap-
provals by the Purchaser), and delivery dates of the reports. The proposed work plan
should be consistent with the technical approach and methodology, showing understand-
ing of the TOR and ability to translate them into a feasible working plan. A list of the fi-
nal documents, including reports, drawings, and tables to be delivered as final output,
should be included here. The work plan should be consistent with the Work Schedule of
Form TECH-7.
c) Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment and
proposed technical and support staff.]
FORM TECH-4 TEAM COMPOSITION AND TASK ASSIGNMENTS
Professional Staff
36 of 124
Section 3. Technical Proposal Submission Form
Proposed role in the project: [insert the name of the position and indicate the key
position]
1. Family name: [insert the name]
2. First names: [insert the names in full]
3. Date of birth: [insert the date]
4. Nationality: [insert the country or countries of citizenship]
5. Civil status: [insert: married/ divorced/single/ widower]
6. Contract details: Address: [insert the physical address]
Phone: [insert the phone and mobile no.]
E-mail: [insert the email]
8. Education:
39 of 124
Section 4. Financial Proposal Submission Form
17. Statement:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
myself, my qualifications, and my experience. I understand that any willful misstatement described
herein may lead to my disqualification or dismissal, if engaged.
I hereby declare that at any point in time, at the SADC Secretariat request, I will provide certified
copies of all documents to prove that I have the qualifications and the professional experience and
3
indicated at points 8 and 14 above 1, documents which are attached to this CV as photocopies.
By signing this statement, I also authorised the SADC Secretariat to contact my previous or
current employers indicated at point 14 above, to obtain directly reference about my professional
conduct and achievements.
Date:
1 3
The proof of stated qualifications shall be in the form of the copies of the degrees and diploma
obtained, while for the professional experience the proof shall be either acknowledgement letters
from the previous employers or copies of the contract signed with them.
40 of 124
Section 3. Technical Proposal Submission Form 41
Staff input (in the form of a bar chart)2 Total staff-days input3
N° Name of Staff1
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field4 Total
Key Experts
[Home]
1
[Field]
2
n
Subtotal
Non key experts
TBA [Home]
1
[Field]
TBA
2
TBA
n
Subtotal
Total
1
Position held in the Contract must be indicated as well.
2
Months/ weeks are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3
Select months or weeks as needed.
4
Field work means work carried out at a place other than the Contractor’s home office.
Section 3. Technical Proposal Submission Form 42
Months2
1
N° Activity
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
6
7
8
9
10
11
12
n
1
Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other
benchmarks such as Procuring Entity’s approvals. For phased assignments indicate activities, delivery of reports, and benchmarks
separately for each phase.
2
Duration of activities shall be indicated in the form of a bar chart.
Section 5. Standard Form of Contract
[Comments in brackets [] provide guidance to the Service Providers for the preparation of
their Financial Proposals; they should not appear on the Financial Proposals to be
submitted.]
[Location, Date]
To: [Name and address of Procuring Entity]
Ladies/Gentlemen:
We, the undersigned, offer to provide the consulting services for [insert the title
and the reference number of consulting services] in accordance with your Bidding
Documents dated [insert the date] and our Proposal (Technical and Financial Proposals).
Our attached Financial Proposal is for the sum of US$ [insert the amount in words and
figures]. This amount is exclusive of the taxes (including social security), duties, fees,
levies, and other charges imposed under the applicable law in the Procuring Entity’s
country or in the countries of assignment, on our firm(s), subcontractors, and personnel
(other than nationals or permanent residents of the Procuring Entity’s country). However,
the Financial Proposal includes the reimbursable expenses indicated in the Data Sheet
reference to the clause 3.8, amounting US$ [insert the amount(s) in words and figures],
as well as the taxes indicated in the Data Sheet reference to clause 3.7, which we have
estimated at [insert the amount(s) in words and figures].
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Indicate Cost for the entire period of 90 days followed by 9 months of Post
implementation Service Support and Maintenance.
Name and Description of Quantity Unit Total Price
Item No. services price (USD)
2 ProDirect support.
3 Implementation fees
Subtotal 1 [insert the
subtotal
price]
TERMS OF REFERENCE
TERMS OF REFERENCE
1. BACKGROUND INFORMATION..........................................................................................
1.1 PARTNER COUNTRY AND PROCURING ENTITY..............................................................
1.2 CONTRACTING AUTHORITY..........................................................................................
1.3 COUNTRY BACKGROUND..............................................................................................
1.4 CURRENT SITUATION IN THE SECTOR...........................................................................
1.5 RELATED PROGRAMMES AND OTHER DONOR ACTIVITIES..........................................
2. OBJECTIVE, PURPOSE & EXPECTED RESULTS...............................................................
2.1 OVERALL OBJECTIVE....................................................................................................
2.2 PURPOSE (SPECIFIC OBJECTIVE)...................................................................................
2.3 RESULTS TO BE ACHIEVED BY THE CONTRACTOR........................................................
3. ASSUMPTIONS & RISKS.......................................................................................................
3.1 ASSUMPTIONS UNDERLYING THE PROJECT...................................................................
3.2 RISKS............................................................................................................................
4. SCOPE OF THE WORK...........................................................................................................
4.1 GENERAL......................................................................................................................
4.2 SPECIFIC WORK.............................................................................................................
4.3 PROJECT MANAGEMENT...............................................................................................
5. LOGISTICS AND TIMING......................................................................................................
5.1 LOCATION.....................................................................................................................
5.2 START DATE & PERIOD OF IMPLEMENTATION..............................................................
6. REQUIREMENTS.....................................................................................................................
6.1 STAFF...........................................................................................................................
6.2 OFFICE ACCOMMODATION............................................................................................
6.3 FACILITIES TO BE PROVIDED BY THE CONTRACTOR.....................................................
6.4 EQUIPMENT...................................................................................................................
6.4 INCIDENTAL EXPENDITURE...........................................................................................
6.5 EXPENDITURE VERIFICATION........................................................................................
7. REPORTS..................................................................................................................................
7.1 REPORTING REQUIREMENTS.........................................................................................
7.2 SUBMISSION & APPROVAL OF REPORTS........................................................................
8. MONITORING AND EVALUATION.....................................................................................
8.1 DEFINITION OF INDICATORS.........................................................................................
8.2 SPECIAL REQUIREMENTS..............................................................................................
9. BUDGET...................................................................................................................................
48
49
TERMS OF REFERENCE
1. BACKGROUND INFORMATION
1.1. Partner country and procuring entity.
Southern African Development Community (SADC)
The Secretariat currently utilizes SharePoint for document sharing and collaboration,
but the platform lacks a formalized structure for managing records systematically.
The Secretariat has identified a need to implement a customized EDRMS to support
its goals of improving records governance, accessibility, and security.
b. Access to Existing Systems: The firm will have timely access to the current
SharePoint platform, records, and any other legacy systems to facilitate
customization and migration.
c. Infrastructure Availability - The necessary IT infrastructure (servers,
network bandwidth, storage, etc.) will be available to support the
implementation, customization, and scaling of SharePoint as an ERMS.
d. Clear Requirements - All business and functional requirements will be
clearly defined and agreed upon at the start of the project to guide the
customization process.
e. Legal and Compliance Alignment - The customization will adhere to the
organization’s legal, regulatory, and records management policies, ensuring
compliance with applicable laws and standards.
f. User Training and Adoption - Users will be willing to participate in training
sessions and adapt to the new system for successful deployment and
adoption.
g. IT Support and Collaboration - The organization’s internal IT team will
provide support and collaborate with the firm throughout the customization
process, including system access, troubleshooting, and integration with other
platforms.
h. Project Timelines - The project will be completed within the agreed timeline
(90 days) without major disruptions or delays.
3.2 Risks
The implementation of a Cloud Disaster Recovery Site entails various risks that must
be identified and mitigated to ensure the success of the project.
Risk description Risk level Mitigation Measures
52
upgrades if necessary,
including server capacity or
cloud storage expansion.
55
deployment.
Budget Overruns Define a clear project
scope and stick to the
Risk: Customization may exceed agreed-upon requirements
the allocated budget due to to avoid unnecessary
unforeseen costs, scope scope creep.
changes, or technical challenges. Use milestone-based
payments to maintain
budgetary control and
ensure progress aligns with
financial outlays.
4.1 General
Project description
The project involves several key activities to Customise the Microsoft SharePoint as
an Electronic Document and Records Management Systems (EDRMS). Each
activity is crucial for the successful deployment and operation of the SharePoint as
an EDRMS:
other key data points that the AI can utilize in assisting users with document
generation, insights, or analysis.
Rich Metadata: Add rich metadata to documents, including context about the
document’s purpose, intended audience, and business relevance. This
enables AI tools to better interpret the document’s content for predictive
suggestions or insights.
Metadata Accessibility: Ensure that SharePoint metadata is accessible via
Microsoft Graph API or REST API, which AI tools like Copilot will use to
fetch data for processing.
Dataset Export Capability: Configure SharePoint to export metadata into AI-
compatible formats (e.g., JSON, CSV, or XML) if needed for external machine
learning models or integration with AI tools that require access to metadata as
a dataset.
Automated Retention and Disposal Policies: Implementation of automated
workflows to manage the lifecycle of records, including retention schedules,
disposal policies, and legal holds.
Version Control and Audit Trails: Enable versioning to track document
changes and provide a full audit trail for actions taken on records, ensuring
accountability and transparency.
5.1 Location
This project will be carried out from Gaborone, Botswana.
6. REQUIREMENTS
6.1 Staff
Note that civil servants and other staff of the public administration, of the partner
country or of international/regional organisations based in the country, shall only be
approved to work as experts if well justified. The justification should be submitted
with the tender and shall include information on the added value the expert will bring
as well as proof that the expert is seconded or on personal leave.
6.1.1 Expertise - Firm
Experts have a crucial role in implementing the contract. The contracting authority is
indicating an absolute minimum input in terms of related qualifications and
experience for whole team of experts provided by the consulting firm.
Technical Expertise
Certifications
6.4 Equipment
No equipment is to be purchased on behalf of the contracting authority / procuring
entity as part of this service contract or transferred to the contracting authority /
procuring entity at the end of this contract. Any equipment related to this contract
that is to be acquired by the procuring entity must be purchased by means of a
separate supply tender procedure.
7. REPORTS
technical aspects.
Technical Includes all the No later than 65 days after
Documentation/Manuals documentation needed to the start of
support the ongoing use, implementation.
administration, and
maintenance of the
customized SharePoint
EDRMS.
Final report and signoff The Final Report Prior to project closure.
summarizes the entire Within one week of
project, provides an receiving comments on
overview of the the draft final report from
deliverables, and marks the project manager
the formal conclusion of identified in the contract.
the project. It will also
include any outstanding
issues or follow-up actions.
9. BUDGET
The assignment is budgeted for within the SADC Secretariat’s Records
Management Unit budget. The cost shall include all implementation fees. This
Service contract estimated budget is for a maximum value of US$55,000.00..
65
Table of content
1. Introduction............................................................................................................4
1.1. Document Management – Overview.....................................................................4
1.2 Records Center.....................................................................................................4
1.3. Document Libraries.............................................................................................5
1.3.1. SADC Secretariat Document Libraries Structure..............................................6
1.4. Registry................................................................................................................7
2. Functional Requirements.......................................................................................7
2.1. Records capture....................................................................................................7
2.2. Naming Conventions............................................................................................7
2.3. OCR Scanning.....................................................................................................8
2.4. Records Metadata................................................................................................8
2.5. Security Classification..........................................................................................9
2.6. Access and security...........................................................................................10
2.6.1 System access.................................................................................................10
2.6.2 Access and security controls............................................................................10
2.7. Classification Plan..............................................................................................11
2.8. User profile.........................................................................................................11
2.9. Audit trail.............................................................................................................11
2.10. Search and Retrieval........................................................................................12
2.10.1. Search...........................................................................................................12
2.10.2 Retrieval.........................................................................................................13
2.10.3 Display............................................................................................................13
2.10.4. Printing..........................................................................................................14
2.11. Reporting..........................................................................................................14
2.11.1. Reporting on folders and records...................................................................14
2.11.2. Reporting on user activity...............................................................................15
2.11.3. Reporting on access and security..................................................................15
2.11.4. Reporting on disposal activity.........................................................................15
2.12. Retention Schedule..........................................................................................15
2.13. Destruction of records......................................................................................16
2.14. Email................................................................................................................16
3. Technical requirements.........................................................................................16
3.1. System Architecture and Integration…………………………………….………….17
3.2. Records Management and Metadata…………………………….…………………17
3.3. Access and Security………………………………………………………………….17
3.4. Search and retrieval…………………………………………...……………………..18
68
1. Introduction
To ensure the success of this initiative, it is crucial for all users at SADC to fully
adhere to the SharePoint system as their electronic digital records management
platform. This compliance is vital for maintaining the institutional memory of the
organization, ensuring that all records are systematically stored, preserved, and
easily retrievable.
The customized records management module will include the following components:
customized and a workflow that triggers Records Management Unit when users
declare a document as a record should be included with a drop-down menu for vital
records classification.
The Records Center component must cater for the following functionalities:
a) Allow users to file a document after it being declared as record;
b) Allow users to input the necessary metadata when a record is filed;
c) Allow users to search and access records using different metadata (date, title,
reference number, key word);
d) Limit access to non-authorized users;
e) An organisation structure with different access privileges on how the documents
in this component shall be organised and accessed;
f) Allow simultaneous access to records by multiple users;
g) Support for PDF file formats;
h) View, download, print and share records through a link;
i) Different document storage libraries for different user groups;
j) Apply retention schedule and flag records due for destruction.
The table below shows the different Document Libraries to be created for the SADC
Secretariat online SharePoint EDRMS.
NB: Note that SPGRC, RCTC, SHOC, SADC PR/AU are satellite offices operating
from different locations than the SADC Secretariat HQ. It should also be noted that
these locations are in different countries than the SADC Secretariat HQ.
The below example outlines some sub-folders to be created under HRA directorate
document library which should be replicated for all directorates/units:
HRA
- General (Accessed by director HRA and all HRA SO)
- L&D (Accessed by L&D staff)
- RRR (Accessed by RRR staff)
- Admin (Accessed by Admin staff)
- CSU (Accessed by CSU staff)
- RMU (Accessed by RMU staff)
Each document library must allow for the creation of specific folders or documents
with the possibility of assigning access rights according to the relevance of the
matter. The system should further allow creation of document libraries and specific
folders based on the SADC Secretariat and satellite offices file classification
scheme/file plan.
71
1.4. Registry
Registry will be a document library accessed only by RMU staff. Under Registry a
workflow must be customized to cater for the following:
Store and manage all incoming mail.
Allocation of mail to the relevant action officers.
Action officers should be able to view, download, share and re-assign the
document, with CC where required.
The RMU staff should be able to trace the correspondence allocated to the
action officers to determine the status/location.
2.Functional Requirements
1.1. Records capture
The system must be able to:
Capture, register and store digital records regardless of format and technical
characteristics so that when retrieved they can be reproduced, viewed and
manipulated in the same manner as the original.
Allow users to capture, register and store all digital objects in their native
format.
Capture a digital object even if the generating application is not present.
The System must not limit the number of records that can be allocated to a
folder or captured within the entire system.
The System must be able to capture incoming and outgoing electronic
messages and attachments as:
a) an automated process, and/or
b) as selected and directed by a user.
Registration of records with data entry screens which can accommodate
metadata according to record type such as correspondence, email and
physical file.
At the time of registration, a unique record identifier is automatically
generated.
File Classification Scheme (File Plan) and Retention Schedule must be
applied to the record at the time of registration with the ability to change /
amend at a later date.
Records can only be registered once, the system will not permit duplicate
registration of the same record in the same format.
The System must allow electronic messages and attachments to be captured
from within an electronic messaging system, such as an email client.
72
The system must have robust capabilities to assign rights and restrictions for the use
or management of particular records, ensuring a secure environment that protects
sensitive information. These features are critical to maintaining data integrity and
preventing unauthorized access.
These security and access features ensure that only authorized personnel can
manage or access specific records, safeguarding organizational information.
The system must be able to audit all actions for each record from the time of
registration.
Metadata generated by audit trails cannot be deleted.
A history of each metadata field is maintained, for example when it is updated
the old value is not overwritten.
The System should monitor access to its facilities and all data held within
those facilities; in an audit log, the System should maintain:
a) a list of users who have accessed the system, including date and time of
access and length of session;
b) failed login attempts;
c) failed attempts to view digital records;
d) attempts to access restricted areas of the record plan; and
e) attempts to access system functions restricted to the System Administrator.
2.10.1. Search
The System must allow searching within and across folders and record
categories.
The System should allow users to specify searches based on:
a) named time intervals;
b) calendar dates; and
c) Date range
The System should allow users to refine and narrow searches using the
results of a previous search.
The System must present search results as a list of digital records and folders
meeting the search criteria.
The System must notify a user if the search results in a null set.
Option for search results to display selectable metadata such as Date,
Author, Record Type and Keywords.
2.10.2 Retrieval
The System must be able to retrieve digital records and folders by all
implemented naming principles.
The System must be able to retrieve digital records and folders directly by
their associated unique identifiers.
The System must be able to retrieve a complete folder and all its digital
records and contextual metadata, and list all and only those records in the
context of that folder as a discrete group and in a single retrieval process
78
The System must be able to retrieve and list a set of digital records, taken
from many different folders, where the record metadata or content meets the
search criteria.
The System must support the simultaneous retrieval of digital records, folders
and metadata by multiple users.
The System should allow an electronic message retrieved by the system to
be copied to a compatible application and transmitted in the usual manner.
2.10.3 Display
The System must be able to display the content of all the types of digital
records which it is able to capture, in a manner that presents all components
of the digital record together as a unit.
The System must display the content of all the types of digital records it can
capture, in a manner that renders their original visual presentation and layout,
without needing to load the generating application.
The System must allow digital records and folders retrieved and listed as the
result of a search, to be selected then opened by a single keystroke or
mouse-click from the search screen.
The System must be able to display all available metadata associated with a
digital record or folder upon request.
The System must support integrated searching across metadata and record
content, and a user interface which appears the same for all levels of the
record plan.
The System should support the presentation or publication of digital records,
folders and associated metadata to a destination outside the system.
2.10.4. Printing
The System must be able to print all the types of digital records it can capture,
without the use of ‘screen dumps.
The System must be able to print the list of digital records and folders
returned by a search query.
The System must enable the printing of metadata associated with digital
records and folders.
The System should allow all the digital records in a folder to be printed in one
operation.
The System must include features for the suitable output of digital records
that cannot be printed.
2.11. Reporting
79
The ERMS must be able to produce reports on system activities and the status of
objects within its control, for management, statistical and general purposes.
2.14. Email
The system must allow integration with MS Outlook to register emails directly
from inbox.
Option to capture email and attachments as one record or two separate
records.
Automated metadata capture for email during registration process.
Email can be sent with links to register electronic records (such as PDF and
emails).
Drag and drop from common registry inbox to repository.
81
3.Technical Requirements
Compliance: The system must comply with legal, regulatory, and industry-
specific requirements (e.g., GDPR, ISO 15489, SADC policies) for
recordkeeping and information management.
Retention and Disposal: Ability to automate retention and disposition of
records in accordance with pre-defined schedules. Disposed records should
have a verifiable destruction log.
83
BETWEEN
Southern African Development Community (SADC)
Secretariat
(“the Contracting Authority”)
AND
[Name of Contractor]
(“the Contractor”)
87
Contents
I. FORM OF CONTRACT...........................................................................................................
II. GENERAL CONDITIONS OF CONTRACT.........................................................................
1.1 Definitions........................................................................................................
1.2 Relationship Between the Parties....................................................................
1.3 Law Governing Contract..................................................................................
1.4 Language..........................................................................................................
1.5 Headings..........................................................................................................
1.6 Notices.............................................................................................................
1.7 Location...........................................................................................................
1.8 Authority of Member in Charge......................................................................
1.9 Authorized Representatives.............................................................................
1.10 Taxes and Duties............................................................................................
1.11 Fraud and Corruption.....................................................................................
2.1 Effectiveness of Contract.................................................................................
2.2 Termination of Contract for Failure to Become Effective...............................
2.3 Commencement of Services............................................................................
2.4 Expiration of Contract......................................................................................
2.5 Entire Agreement.............................................................................................
2.6 Modifications , or Variations...........................................................................
2.7 Force Majeure..................................................................................................
2.8 Suspension.......................................................................................................
2.9 Termination......................................................................................................
3.1 General.............................................................................................................
3.2 Conflict of Interests..........................................................................................
3.3 Confidentiality.................................................................................................
3.4 Liability of the Contractor................................................................................
3.5 Insurance to be Taken out by the Contractor...................................................
3.6 Accounting, Inspection and Auditing..............................................................
3.7 Contractor’s Actions Requiring Contracting Authority’s Prior Approval.......
3.8 Reporting Obligations......................................................................................
3.9 Documents Prepared by the Contractor to be the Property of the
Contracting Authority………………………………………………………...76
3.10 Equipment, Vehicles and Materials Furnished by the Contracting
Authority……………………………………………………………………...77
3.11 Equipment and Materials Provided by the Contractors.................................
4.1 General.............................................................................................................
4.2 Description of Personnel..................................................................................
4.3 Approval of Personnel.....................................................................................
4.4 Working Hours, Overtime, Leave, etc.............................................................
4.5 Removal and/or Replacement of Personnel.....................................................
4.6 Resident Project Director.................................................................................
5.1 Assistance and Exemptions..............................................................................
5.2 Access to Land.................................................................................................
88
I. Form of Contract
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of,
2022, between, on the one hand, Southern African Development Community (SADC)
Secretariat, with the registered business in: Plot 54385, Central Business District, Private
Bag 0095, Gaborone, Botswana (hereinafter called the “Contracting Authority”) and, on the
other hand, ……………………. with registered business in ………………………….
(Hereinafter
called the “Contractor”).
WHEREAS
(a) the Contracting Authority has requested the Contractor to provide certain
services as defined in this Contract (hereinafter called the “Services”).
(b) the Contractor, having represented to the Contracting Authority that he has the
required professional skills, and personnel and technical resources, has agreed
to provide the Services on the terms and conditions set forth in this Contract.
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
2. The mutual rights and obligations of the Contracting Authority and the Contractor
shall be as set forth in the Contract, in particular:
(a) the Contractors shall carry out the Services in accordance with the provisions
of the Contract; and
(b) the Contracting Authority shall make payments to the Contractor accordance
with the provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
90
Place: Gaborone
Date:
[Authorized Representative]
Place:
Date:
91
1.1 Definitions Unless the context otherwise requires, the following terms whenever
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Contracting Authority’s country,
or in such other country as may be specified in the Special
Conditions of Contract (SC), as they may be issued and in force
from time to time.
(b) “Contracting Authority” means legal entity named in the SC
who procures the Services described in Appendix A hereto
from the Contractor.
(c) “Contractor” means any private or public entity named in the
SC that will provide the Services to the Contracting Authority
under the Contract.
(d) “Contract” means the Contract signed by the Parties and all the
attached documents listed in its Clause 1, that is these General
Conditions (GC), the Special Conditions (SC), and the
Appendices.
(e) “Day” means calendar day.
(f) “Effective Date” means the date on which this Contract comes
into force and effect pursuant to Clause GC 2.1.
(h) “GC” means these General Conditions of Contract.
(k) “Member” means any of the entities that make up the joint
venture/consortium/association; and “Members” means all
these entities.
(l) “Party” means the Contracting Authority or the Contractor, as
the case may be, and “Parties” means both of them.
(m) “Personnel” means professionals and support staff provided by
the Contractors or by any Sub-Contractors and assigned to
perform the Services or any part thereof; “Foreign Personnel”
means such professionals and support staff who at the time of
being so provided had their domicile outside the Contracting
Authority’s country; “Local Personnel” means such
92
in the SC.
1.6.2 A Party may change its address for notice hereunder by
giving the other Party notice in writing of such change to the
address specified in the SC.
1.7 Location The Services shall be performed at such locations as are specified in
Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in the Contracting
Authority’s country or elsewhere, as the Contracting Authority may
approve.
1.8 Authority of In case the Contractor consists of a joint venture/consortium/
Member in association of more than one entity, the Members hereby authorize
Charge the entity specified in the SC to act on their behalf in exercising all
the Contractor’s rights and obligations towards the Contracting
Authority under this Contract, including without limitation the
receiving of instructions and payments from the Contracting
Authority.
1.9 Authorized 1.9.1. Any action required or permitted to be taken, and any
Representatives document required or permitted to be executed under this
Contract by the Contracting Authority or the Contractor may
be taken or executed by the officials specified in the SC.
1.9.2. The Contracting Authority’s authorized representative shall
be called Task Manager. The Task Manager may exercise the
authority attributable to him/her in the as specified in the
SC.
1.9.3. The Task Manager shall have no authority to amend the
Contract.
1.9.4. The Contractor authorized representative shall be called
Project Director and his/her may exercise the authority
attributable to him/her in the as specified in the SC.
1.9.5. The either Party shall promptly inform the other of any
change of their authorized representative of any change to the
authority attributed to their authorized representative.
1.10 Taxes and Duties The Contractor, Sub-Contractors and Personnel shall pay such
indirect taxes, duties, fees and other impositions levied under the
Applicable Law as specified in the SC.
1.11 Fraud and If the Contracting Authority determines that the Contractor and/or
Corruption their Sub-Contractors has engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices, in competing for or in executing
the Contract, then the Contracting Authority may, after giving 14
II General Conditions of Contract 94
1
“Another party” refers to a public official acting in relation to the selection process or contract execution.
In this context, “public official” includes SADC Secretariat staff and employees of other organizations
taking or reviewing procurement decisions.
2
A “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or
contract execution; and the “act or omission” is intended to influence the selection process or contract
execution.
3
“Parties” refers to participants in the selection process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
4
A “party” refers to a participant in the selection process or contract execution.
II General Conditions of Contract 95
2.6.3. However, where the amendment does not affect the basic
purpose of the contract and, for a time based contract, the
financial impact is limited to a transfer within the
remuneration or between the remuneration and the provision
for reimbursable expenses involving a variation of less than
15% of the original amount (or as modified by addendum)
for the categories of expense where the money was taken
from, the Task Manager shall have the power to order any
variation to any part of the services necessary for the proper
implementation of the tasks, without changing the object or
scope of the contract. Such variations may include additions,
omissions, substitutions, changes in quality, quantity,
specified sequence, method or timing of performance of the
services, changes in contact details and reporting
requirements.
2.6.8. Any change to the contract which has not been made in the
form of an administrative order or an addendum or in
accordance with this Clause shall be considered null and
void.
2.7 Force Majeure
II General Conditions of Contract 98
2.7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and which makes a Party’s
performance of its obligations hereunder impossible or so
impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots,
civil disorder, earthquake, fire, explosion, storm, flood or
other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking
Force Majeure to prevent), confiscation or any other action by
Contracting Authority agencies.
(b) Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party or such
Party’s Sub-Contractors or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been
expected both to take into account at the time of the conclusion
of this Contract, and avoid or overcome in the carrying out of
its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or
failure to make any payment required hereunder.
2.7.2 No Breach The failure of a Party to fulfill any of its obligations hereunder shall
of Contract not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure,
provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.
2.7.3 Measures to (a) A Party affected by an event of Force Majeure shall continue
be Taken to perform its obligations under the Contract as far as is
reasonably practical, and shall take all reasonable measures to
minimize the consequences of any event of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any case
not later than fourteen (14) days following the occurrence of
such event, providing evidence of the nature and cause of such
event, and shall similarly give written notice of the restoration
of normal conditions as soon as possible.
(c) Any period within which a Party shall, pursuant to this
Contract, complete any action or task, shall be extended for a
period equal to the time during which such Party was unable to
II General Conditions of Contract 99
creditors for relief of debt or take advantage of any law for the
benefit of debtors or go into liquidation or receivership
whether compulsory or voluntary.
(c) If the Contractor fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GC 8 hereof.
(d) If the Contractor, in the judgment of the Contracting
Authority, has engaged in corrupt or fraudulent practices in
competing for or in executing this Contract.
(e) If the Contractor submits to the Contracting Authority a false
statement which has a material effect on the rights, obligations
or interests of the Contracting Authority.
(f) If, as the result of Force Majeure, the Contractor is unable to
perform a material portion of the Services for a period of not
less than sixty (60) days.
(g) If the Contracting Authority, in its sole discretion and for any
reason whatsoever, decides to terminate this Contract.
2.9.2 By the The Contractor may terminate this Contract, by not less than thirty
Contractor (30) days’ written notice to the Contracting Authority, in case of the
occurrence of any of the events specified in paragraphs (a) through
(d) of this Clause GC 2.9.2.
(a) If the Contracting Authority fails to pay any money due to the
Contractor pursuant to this Contract and not subject to dispute
pursuant to Clause GC 8 hereof within forty-five (45) days
after receiving written notice from the Contractor that such
payment is overdue.
(b) If, as the result of Force Majeure, the Contractor is unable to
perform a material portion of the Services for a period of not
less than sixty (60) days.
(c) If the Contracting Authority fails to comply with any final
decision reached as a result of arbitration pursuant to Clause
GC 8 hereof.
(d) If the Contracting Authority is in material breach of its
obligations pursuant to this Contract and has not remedied the
same within forty-five (45) days (or such longer period as the
Contractor may have subsequently approved in writing)
following the receipt by the Contracting Authority of the
II General Conditions of Contract 101
3.2.1 Contractor (a) The payment of the Contractor pursuant to Clause GC 6 hereof
Not to shall constitute the Contractor’s only payment in connection
Benefit from with this Contract and, subject to Clause GC 3.2.2 hereof, the
Commissions, Contractor shall not accept for its own benefit any trade
Discounts, etc. commission, discount or similar payment in connection with
activities pursuant to this Contract or in the discharge of its
obligations hereunder, and the Contractor shall use its best
efforts to ensure that any Sub-Contractors, as well as the
Personnel and agents of either of them, similarly shall not
receive any such additional payment.
Authority.
3.2.2 Contractor The Contractor agrees that, during the term of this Contract and after
and its termination, the Contractor and any entity affiliated with the
Affiliates Not Contractor, as well as any Sub-Contractors and any entity affiliated
to Engage in with such Sub-Contractors, shall be disqualified from providing
Certain goods, works or services (other than consulting services) resulting
Activities from or directly related to the Contractor’s Services for the
preparation or implementation of the project.
3.2.3 Prohibition The Contractor shall not engage and shall cause their Personnel as
of
Conflicting well as their Sub-Contractors and their Personnel not to engage,
Activities
either directly or indirectly, in any business or professional activities
that would conflict with the activities assigned to them under this
Contract.
3.3 Confidentiality Except with the prior written consent of the Contracting Authority,
the Contractor and the Personnel shall not at any time communicate
course of the Services, nor shall the Contractor and the Personnel
3.4 Liability of the Subject to additional provisions, if any, set forth in the SC, the
Contractor Contractors’ liability under this Contract shall be provided by the
Applicable Law.
3.5 Insurance to be The Contractor (i) shall take out and maintain, and shall cause any
Taken out by the Sub-Contractors to take out and maintain, at their (or the Sub-
Contractor Contractors’, as the case may be) own cost but on terms and
conditions approved by the Contracting Authority, insurance against
the risks, and for the coverages specified in the SC, and (ii) at the
Contracting Authority’s request, shall provide evidence to the
Contracting Authority showing that such insurance has been taken
out and maintained and that the current premiums therefore have
II General Conditions of Contract 104
been paid.
3.6 Accounting, The Contractor shall permit the SADC Secretariat and/or persons
Inspection and appointed by the SADC Secretariat to inspect its accounts and
Auditing records as well as those of its Sub-Contractors relating to the
performance of the Contract, and to have such accounts and records
audited by auditors appointed by the SADC Secretariat if required
by the SADC Secretariat. The Contractor’s attention is drawn to
Clause 1.11.1 which provides, inter alia, that acts intended to
materially impede the exercise of the SADC Secretariat’s inspection
and audit rights provided for under Clause 3.6 constitute a prohibited
practice subject to contract termination (as well as to a determination
of ineligibility under the Contractor Guidelines).
3.7 Contractor’s The Contractor shall obtain the Contracting Authority’s prior
Actions Requiring approval in writing before taking any of the following actions:
Contracting
Authority’s Prior (a) Any change or addition to the Personnel listed in Appendix B.
Approval
(b) Subcontracts: The Contractor may subcontract work relating to
the Services to an extent and with such experts and entities as
may be approved in advance by the Contracting Authority.
Notwithstanding such approval, the Contractor shall retain full
responsibility for the Services. In the event that any Sub-
Contractors are found by the Contracting Authority to be
incompetent or incapable in discharging assigned duties, the
Contracting Authority may request the Contractor to provide a
replacement, with qualifications and experience acceptable to
the Contracting Authority, or to resume the performance of the
Services itself.
3.8 Reporting The Contractor shall submit to the Contracting Authority the reports
Obligations and documents specified in Appendix A hereto, in the form, in the
numbers and within the time periods set forth in the said Appendix.
Final reports shall be delivered in CD ROM in addition to the hard
copies specified in said Appendix.
3.9 Documents All plans, drawings, specifications, designs, reports, other
Prepared by the documents and software prepared by the Contractor for the
Contractor to be Contracting Authority under this Contract shall become and remain
the Property of the property of the Contracting Authority, and the Contractor shall,
the Contracting not later than upon termination or expiration of this Contract, deliver
Authority all such documents to the Contracting Authority, together with a
II General Conditions of Contract 105
does not object in writing (stating the reasons for the objection)
within twenty-one (21) days from the date of receipt of such CVs,
Contracting Authority.
4.4 Working Hours, (a) Working hours and holidays for Key Personnel are set forth in
Overtime, Leave, Appendix B hereto. To account for travel time, Foreign
etc. Personnel carrying out Services inside the Contracting
Authority’s country shall be deemed to have commenced or
finished work in respect of the Services such number of days
before their arrival in, or after their departure from the
Contracting Authority’s country as is specified in Appendix B
hereto.
(b) The Key Personnel shall not be entitled to be paid for
overtime nor to take paid sick leave or vacation leave except
as specified in Appendix B hereto, and except as specified in
such Appendix, the Contractor’s remuneration shall be
deemed to cover these items. All leave to be allowed to the
Personnel is included in the staff-months of service set forth in
Appendix B. Any taking of leave by Personnel shall be
subject to the prior approval by the Contractor who shall
ensure that absence for leave purposes will not delay the
progress and adequate supervision of the Services.
4.5 Removal and/or (a) Except as the Contracting Authority may otherwise agree, no
Replacement of changes shall be made in the Personnel. If, for any reason
Personnel beyond the reasonable control of the Contractor, such as
retirement, death, medical incapacity, among others, it
becomes necessary to replace any of the Personnel, the
Contractor shall forthwith provide as a replacement a person
of equivalent or better qualifications.
(b) If the Contracting Authority (i) finds that any of the Personnel
has committed serious misconduct or has been charged with
having committed a criminal action, or (ii) has reasonable
cause to be dissatisfied with the performance of any of the
Personnel, then the Contractor shall, at the Contracting
Authority’s written request specifying the grounds therefore,
forthwith provide as a replacement a person with
qualifications and experience acceptable to the Contracting
II General Conditions of Contract 108
Authority.
(c) Any of the Personnel provided as a replacement under Clauses
(a) and (b) above, as well as any reimbursable expenditures
(including expenditures due to the number of eligible
dependents) the Contractors may wish to claim as a result of
such replacement, shall be subject to the prior written approval
by the Contracting Authority. The rate of remuneration
applicable to a replacement person will be obtained by
multiplying the rate of remuneration applicable to the replaced
person by the ratio between the monthly salary to be
effectively paid to the replacement person and the average
salary effectively paid to the replaced person in the period of
six months prior to the date of replacement. Except as the
Contracting Authority may otherwise agree, (i) the Contractor
shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and (ii) the
remuneration to be paid for any of the Personnel provided as a
replacement shall not exceed the remuneration which would
have been payable to the Personnel replaced.
4.6 Resident Project If required by the SC, the Contractor shall ensure that at all times
Director during the Contractor’s performance of the Services in the
Contracting Authority’s country a resident Project Director,
acceptable to the Contracting Authority, shall take charge of the
performance of such Services.
the Contracting and free of any charge, the services, facilities and property
Authority described in Appendix A at the times and in the manner
specified in said Appendix A.
(b) In case that such services, facilities and property shall not be
made available to the Contractor as and when specified in
Appendix A, the Parties shall agree on (i) any time extension
that it may be appropriate to grant to the Contractor for the
performance of the Services, (ii) the manner in which the
Contractor shall procure any such services, facilities and
property from other sources, and (iii) the additional payments,
if any, to be made to the Contractor as a result thereof pursuant
to Clause GC 6.1(c) hereinafter.
5.5 Payment In consideration of the Services performed by the Contractor under
this Contract, the Contracting Authority shall make to the
Contractor such payments and in such manner as is provided by
Clause GC 6 of this Contract.
5.6 Counterpart (a) The Contracting Authority shall make available to the
Personnel Contractor free of charge such professional and support
counterpart personnel, to be nominated by the Contracting
Authority with the Contractor’s advice, if specified in
Appendix A.
(b) If counterpart personnel are not provided by the Contracting
Authority to the Contractor as and when specified in Appendix
A, the Contracting Authority and the Contractor shall agree on
(i) how the affected part of the Services shall be carried out,
and (ii) the additional payments, if any, to be made by the
Contracting Authority to the Contractor as a result thereof
pursuant to Clause GC 6.1(c) hereof.
(c) Professional and support counterpart personnel, excluding
Contracting Authority’s liaison personnel, shall work under
the exclusive direction of the Contractor. If any member of
the counterpart personnel fails to perform adequately any work
assigned to such member by the Contractor that is consistent
with the position occupied by such member, the Contractor
may request the replacement of such member, and the
Contracting Authority shall not unreasonably refuse to act
upon such request.
II General Conditions of Contract 111
has been fully set off, and (ii) to be in the form set forth in
Appendix D hereto, or in such other form as the
Contracting Authority shall have approved in writing. The
advance payments will be set off by the Contracting
Authority in equal instalments against the statements for
the number of months of the Services specified in the SC
until said advance payments have been fully set off.
(c) The payments shall be done within thirty (30) days upon
receipt of the original invoice accompanied by the
supporting documents to demonstrate the acceptance by
the Contracting Authority of the Contractor deliverable
which the payment is tight upon.
Option 2: Fee Based Contracts
(a) All payments under this Contract shall be made to the
accounts of the Contractor specified in the SC.
(b) Within the number of days after the Effective Date specified
in the SC, the Contracting Authority shall cause to be paid to
the Contractor advance payments as specified in the SC.
When the SC indicate advance payment, this will be due
after provision by the Contractor to the Contracting
Authority of an advance payment guarantee acceptable to
the Contracting Authority in an amount (or amounts) and in
a currency specified in the SC. Such guarantee (i) to
remain effective until the advance payment has been fully
set off, and (ii) to be in the form set forth in Appendix D
hereto, or in such other form as the Contracting Authority
shall have approved in writing. The advance payments will
be set off by the Contracting Authority in equal installments
against the statements for the number of months of the
Services specified in the SC until said advance payments
have been fully set off.
(c) As soon as practicable and not later than fifteen (15) days
after the end of each calendar month during the period of the
Services, or after the end of each time intervals otherwise
indicated in the SC, the Contractor shall submit to the
Contracting Authority, in duplicate, itemized statements,
accompanied by copies of invoices, vouchers and other
appropriate supporting materials, of the amounts payable
pursuant to Clauses GC 6.3 and GC 6.4 for such month, or
any other period indicated in the SC. Separate statements
shall be submitted in respect of amounts payable in foreign
currency and in local currency. Each statement shall
II General Conditions of Contract 114
9. SETTLEMENT OF DISPUTES
9.1 Amicable If either Party objects to any action or inaction of the other Party,
Settlement the objecting Party may file a written Notice of Dispute to the other
Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in
writing within 14 days after receipt. If that Party fails to respond
within 14 days, or the dispute cannot be amicably settled within 14
days following the response of that Party, Clause GC 8.2 shall
apply.
9.2 Dispute Any dispute between the Parties as to matters arising pursuant to
Resolution this Contract that cannot be settled amicably according to Clause
GC 8.1 may be submitted by either Party for settlement in
accordance with the provisions specified in the SC.
III Special Conditions of Contract
Contracting Authority
Attention:
Facsimile:
Email:
Contractor:
1.9.4 The Contractor delegates the Project Director the following authority
under this Contract: The main contact for all contractual matters
2.1 The contract will become effective on the date of the last signature of
the contract
of protection;
(c) processing of Personal Data by the party receiving it is
restricted to the purpose authorised by the Contracting
Authority; and
(d) the transfer of Personal Data is compatible with the reasonable
expectations of the Data Subject.
3.12.3.3.7 Records
3.12.3.3.7.1The Contractor shall maintain complete, accurate and up-
to-date written records of all Data Processing carried out under or in
connection with the Contract.
3.12.3.3.7.2 The records maintained by the Contractor shall contain
the following information:
(a) the name and contact details of the Contractor’s representative
or the Data Protection Officer, if any;
(b) the categories of Data Processing carried out on behalf of the
Contracting Authority.
(c) where applicable, details of any transfers of Personal Data,
including the identity of the recipient of such transferred
Personal Data and the countries to which such Personal Data is
transferred together with details of the appropriate safeguards
put in place; and
(d) a general description of the security measures implemented by
the Contractor.
3.12.3.3.8 Sub-Processing
The Contractor shall ensure that any Sub-Contractors processing
Personal Data shall do so lawfully and in line with this Clause,
where applicable.
Account Name
Bank Name
Branch Name
Bank Branch code
SWIFT Code
Account Number
Currency
IV. Appendices
Note: This Appendix will include the final Terms of Reference worked out by the
Contracting Authority and the Contractors during technical negotiations, dates for
completion of various tasks, place of performance for different tasks, specific tasks to be
approved by Contracting Authority, etc.
Note: List format, frequency, and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.”