ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT CALL FOR TENDERS
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1 ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT CALL FOR TENDERS DARK FIBRE CONNECTION BETWEEN LA MUETTE AND BOULOGNE BILLANCOURT AND BACKUP LINK Closing date: Tuesday 5 h May 2015 at 3.00 pm (Paris time) Page 1 of 24
2 Introduction: ABOUT the OECD The OECD brings together the governments of countries committed to democracy and the market economy from around the world to: Support sustainable economic growth Boost employment Raise living standards Maintain financial stability Assist other countries' economic development Contribute to growth in world trade The OECD also shares expertise and exchanges views with more than 100 other countries and economies, from Brazil, China, and Russia to the least developed countries in Africa. Fast facts Established: 1961 Location: Paris, France Membership: 34 countries Budget: EUR 357 million Secretariat staff: Secretary-General: Angel Gurría Publications: 250 new titles/year Official languages: English/French Monitoring, analysing and forecasting For over 50 years, the OECD has provided statistical, economic and social data comparable with the most important and most reliable in the world. In addition to its collection of data, the OECD monitors trends, analysis, and forecasts economic developments. The Organisation studies changes and developments in trade, environment, agriculture, technology, taxation and more. The Organisation provides a setting where governments can compare their experiences in developing public policies, seek answers to common problems, identify good practices and coordinate both domestic and international policies. Enlargement and enhanced engagement In May 2007, OECD countries agreed to invite Chile, Estonia, Israel and Slovenia to open discussions for membership of the Organisation and offered enhanced engagement to Brazil, China, India, Indonesia and South Africa. While enhanced engagement is distinct from accession to the OECD, it has the potential in the future to lead to membership. In 2010, Chile, Slovenia, Israel and Estonia became OECD member countries. In 2013, OECD countries agreed to invite Colombia and Latvia to open discussions for membership of the Organisation. Page 2 of 24
3 Publishing The OECD is one of the world's largest publishers in the fields of economics and public policy. OECD publications are a prime vehicle for disseminating the Organisation's intellectual output, both on paper and online. Publications are available through the Online Information System (OLIS) for government officials, through OECD ilibrary for researchers and students in institutions, corporate, subscribed to our online library and through the Online Bookshop for individuals who wish to browse titles free-of-charge and to buy publications. Page 3 of 24
4 PART I: INSTRUCTIONS TO TENDERERS 1.1 Nature and Purpose of the Call for Tenders (CFT) The OECD is requesting proposals for the provision of a main and a backup connexion between the OECD headquarters and the In&Out building located in Boulogne Billancourt. The CFT is divided into 2 lots : Lot 1: Main Access Lot 2: Backup Access Tenderers are invited to respond to the two lots individually. Those tenderers responding to both lots will detail the added benefits and price reductions that the OECD will obtain in case of contracting both lots with the same provider. 1.2 Conditions of the Call for Tenders Composition of the call for tenders This file contains 3 parts: a) Part I: Instructions to tenderers and its annex; b) Part II: Terms of reference; c) Part III: Minimum general conditions for OECD contracts Offers All offers will be treated as contractually binding for the Tenderer and the Tenderer shall consequently date and sign the documents mentioned above, as well as any document in support (including its proposal of prices) Duration of tender validity Tenders shall remain valid for at least 180 days Additional information Should any problems of interpretation arise in the course of drawing up the response document, Tenderers may submit a written request for further information to the Organisation at the Page 4 of 24
5 address indicated below, no later than 10 calendar days before the deadline for the submission of tenders. All answers will be available on the website of the OECD: By to or By mail to: OCDE EXD/PBF/CPG A l attention de M. Jérôme REVERCHON Call for Tenders ref , rue André Pascal Paris Cedex Acceptance and rejection of tenders There is no commitment on the part of the Organisation to accept any offer or part thereof. The Organisation reserves the right to: Accept non-substantive defects that might affect the presentation of tenders; Reject tenders received after the deadline for submission of tenders, without justification Tenders submitted by partnerships Partnerships must jointly meet the administrative requirements set out in the CFT. Each of the partners must also meet those requirements individually. Once a tender has been submitted, there may be no change in the composition of a partnership without the prior written permission of OECD. The Organisation reserves the right to reject any request for such modification without having to justify its decision Modification or cancellation of call for tenders The Organisation reserves the right to modify or cancel all or part of the call for tenders, should the need arise, without having to justify its actions and without such action conferring any right to compensation on Tenderers Extension of the deadline for submission The OECD reserves the right to extend the deadline for submission of the offers. In that case, all the tenderers and Organisation s rights and duties and in particular Article above (Duration of tender validity) will be subject to this new deadline. Page 5 of 24
6 1.2.9 Tendering expenses Offers are not paid. No reimbursement of expenses related to the preparation of any proposal will be made by the OECD Confidentiality It is requested that this call for tenders be treated as confidential, as well as any further information furnished to the candidate, or to which the candidate may have access in relation to this CFT or in the performance of the contract, regardless of the format, with the exception of information used to respond to the CFT. The OECD reserves the right to have all documents and information returned at the end of the tender process, regardless of their format. 1.3 Presentation, Submission and Contents of Tenders Tender presentation and conditions for submission Tenders shall be entirely drafted in either English or French and shall be submitted: Before the deadline: in 2 paper copies + one CD ROM version or USB key; In an envelope bearing the words "NE PAS OUVRIR par le service courrier Appel d Offres n , to: OCDE EXD/PBF/CPG A l'attention de M. Jérôme REVERCHON 2, rue André Pascal PARIS CEDEX 16 The deadline for submission of tenders is Tuesday 5 th May 2015 at 3.00 pm (Paris time). Tenders received after that deadline may be rejected, as may any offers that do not respond to all the services described in the Terms of Reference. Tenders sent by or fax will be systematically rejected, even if a duplicate is sent by mail General Information The Tenderer must provide: A Letter of Application, signed by the Tenderer, confirming the following: All the elements of the offer are contractually binding; That the person signing the offer does have the authority to commit the Tenderer to a legally binding offer; Page 6 of 24
7 That the Tenderer accepts all of the Minimum General Terms and Conditions without any modification. If there is an exception, please state the exception and the rationale for that exception; That the Tenderer, or each of the partners in the case of a partnership, have fulfilled all its legal obligations with regards to tax declarations and payments in its home country and must supply all the requisite certificates to that effect; That the Tenderer has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award or the execution of the Contract; Moreover, the Tenderer shall provide, to the extent possible and where applicable, certificate(s) identifying the Tenderer, including its name, legal form, address, registration number or equivalent, date founded, areas of activity and number of employees ; The signed Declaration detailed in Annex to these Instructions to Tenderers. Please note that the Tenderer, should it be shortlisted, will be asked to provide the following: Any relevant existing agreements with intermediaries or third parties; Financial information for the last three (3) years; Proof of completed legal obligations with regards to tax declarations and payments in its home country and all the requisite certificates to that effect Financial Conditions Prices quoted must include everything necessary for the complete execution of an eventual contract, with the understanding that charges for items not identified in the proposal will be borne by the respondent. 1.4 Interviews The Organisation reserves the right to organise interviews and request the candidates to specify the content of their offers. Page 7 of 24
8 1.5 Selection Criteria Criteria and weithing for tender appraisal are as follows: LOT 1 Main Access The cost of the solution (lower cost will be privileged). 50% Maintenance service. The more restrictive GTI and GTR will be preferred. 20% Committed time to deliver. 20% Additional services or proposals that may bring extra value to the OECD (for example: dedicated technical contact, firm prices for the contract duration, reduction in the OECD s engagement duration, etc.). 5% Quality of the offer and references. 5% LOT 2 Backup Access The cost of the solution (lower cost will be privileged). 60% Maintenance service. The more restrictive GTI and GTR will be preferred. 20% Committed time to deliver. 10% Additional services or proposals that may bring extra value to the OECD (for example: dedicated technical contact, firm prices for the contract duration, reduction in the OECD s engagement duration, etc.). 5% Quality of the offer and references. 5% 1.6 Information to Tenders All Tenderers will be informed, whenever possible, of the decision taken on their tenders. Page 8 of 24
9 1.7 Annex Declaration DECLARATION Call for Tenders n As part of the offer in response to the OECD call for Tenders n , the Tenderer (company or individual) declares on oath the following: that it is not bankrupt or being wound up, is not having its affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations; that it has not been convicted of an offence concerning its professional conduct by a judgement which has the force of res judicata; that it has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the financial interests of the OECD, its members or its donors; that it is not guilty of misrepresentation in supplying the information required as a condition of participation in this call for tenders or fail to supply this information; that it is not subject to a conflict of interest; that its employees and any person involved in the execution of the work to be performed under the present call for tenders are regularly employed according to national laws to which it is subject and that it fully complies with laws and regulations in force in terms of social security and labour law. I, the undersigned,. on behalf of the company., understand and acknowledge that the OECD may decide not to award the contract to a Tenderer who is in one of the situations indicated above. I further recognise that the Organisation may terminate for default any contract awarded to a Tenderer who during the award procedure had been guilty of misrepresentation in supplying, or fail to supply, the information requested above. the.. /.. /.. Signature Page 9 of 24
10 PART II: TERMS OF REFERENCE 2.1 INTRODUCTION LOT 1. Main Access LOT 2. Backup Access UNIFIED OFFER Page 10 of 24
11 2.1 INTRODUCTION. The OECD is analysing the option of moving a great part of their staff to a new location in Boulogne-Billancourt. Therefore, the organisation is looking for proposals to establish a main (lot 1) and a backup (lot 2) connection between 46, Quai Le Gallo (92100 Boulogne-Billancourt) and the main site in La Muette. If the decision to move to the new location is finally taken, it is planned that the first users are in the new building in December The capacity to deliver on time is therefore of paramount importance. The two OECD sites are located in the following two locations: La Muette (Paris XVI): In this location there are different buildings such as Chateau, Marshall, Franqueville and the Conference Centre. 46, Quai Le Gallo (92100 Boulogne-Billancourt) The OECD datacentres are located in the Chateau and Marshall buildings and are interconnected using several optical fibres of high capacity. Tenderers are invited to respond to the two lots individually. Those tenderers responding to both lots will detail the added benefits and price reductions that the OECD will obtain in case of contracting both lots with the same provider. Page 11 of 24
12 2.2 LOT 1. Main Access Scope of Works The requirements for this lot are: 1. Installation of the physical link. 2. Link maintenance. 3. Documentation. INSTALLATION OF THE PHYSICAL LINK Installation of a physical connection of monomode fibre with the following technical specifications : o Single-mode OS2 dark fibre. o Compliant with current industry standards like ITU-T G 652 D. o Maximum attenuation inferior to 0.4 db/km The fibre does not need to be OECD-property. It can be rented to the provider. Tenderers will provide two quotations based in the following scenarios: Description Contract duration: 1 year renewable 4 times Non-recurring (installation costs) Monthly recurring costs 24 pairs connection (48 individual fibres) 48 pairs connection (96 individual fibres) Note the OECD is looking for a solution end-to-end from rack panel to rack panel. All the equipment (including fibre panels and works in the interior of the buildings) must be included in the offer. The link in La Muette has to be installed in 33, rue Franqueville. In Boulogne Billancourt there is currently one induction that will be used for the main access. Page 12 of 24
13 The fibres will be terminated in both ends in a panel, provided by the selected provider, and installed in the communications rack using LC connectors (the internal cabling to the rack is therefore included as part of the scope of works) Inside the buildings, fibres will be clearly identified and labelled at least every 30m with plastic thermo-printed labels or similar. PLANNING The bidders will commit with an installation plan, including all the milestones and key dates. They will include the estimated time to obtain the competent authorities approval for the works. The tenderers will include in their proposals the meetings (in-situ and/or virtual) they estimate necessary to accomplish the project on time. MAINTENANCE OF THE PHYSICAL LINK In addition to the fibre connection, the OECD requires the provision of the maintenance services associated to this link. The expected SLAs for this service are: GTI (Garantie temps d intervention): 4 H GTR (Garantie de temps de retablissement): 8 H Potential bidders are invited to fill in the following table detailing the SLAs: Id Description Required by OECD Offered by provider SLA 1 GTI (Garantie temps d intervention) 4 hours SLA 2 GTR (Garantie de temps de retablissement) 8 hours SLA 3 Maximum delay to respond to administrative requests 7 days Page 13 of 24
14 It is mandatory to describe the escalation procedure, and the titles and responsibilities of the different levels of escalation. Providers will describe the procedure to open incidents and the operation of their Helpdesk Centre (hotline) The selected provider is required to maintain a stock of fibre cable of at least 300m length that will belong to the OECD and that can be used to quickly repair any incident. Likewise, it will need to keep at least two fusion boxes to speed up the reparation of the link in case of a problem. DOCUMENTATION As part of the project the bidder will provide a dossier including the following information: Reflectometries/measures that guarantee the performance of the fibre. Plans detailing the physical path followed of the fibre. Technical characteristics of the fibre. For all the companies interested a visit to the facilities in Boulogne-Billancourt and La Muette, a joint visit with all the tenderers can be organized before the deadline to help evaluating with precision the scope of the work Guidance on the formulation of the proposal Companies responding to this Call for Tenders can present up to 2 different technical solutions (proposing the two more cost-efficient physical paths to connect the two facilities). For each of the proposals, they should include: - The cost of the solution (including both recurring and non-recurring costs) as described in the table above. - A plan indicating the physical path followed by the fibre connections. - Their maintenance conditions and SLAs. - The procedure to open an incident and the escalation procedure. - Examples of different experiences on the same activity. - The technical characteristics of the fibre. Important: In case of proposing a model of service where the fibre belongs to the OECD, it is mandatory to provide the cost of de-installing the link after 5 years of service. One contract will be signed with the selected company for an estimated duration of one year renewable up to 4 times. Page 14 of 24
15 SUMMARY OF DOCUMENTS TO BE PRESENTED The main proposal cannot exceed 20 pages written in Arial 10. Additional information can be included in annexes if necessary. As a minimum, bidders will provide the following documentation: Section Company description Installation Fibre description Maintenance Financial offer References Annexes Service Company description including key references A plan indicating the physical path followed by the fibre connection. The committed delay of installation including the authorisations The technical characteristics of the fibre The maintenance conditions and SLA including the escalation procedure Detail of the different costs of the project (installation, recurrent costs, removal costs if necessary, ) Examples of different experiences on the same activity Additional information. Page 15 of 24
16 2.3 LOT 2. Backup Access Scope of Works The requirements for this lot are: 1. Installation of the backup physical link. 2. Maintenance of the backup link. 3. Documentation. The services that will be maintained using the backup link are: Access to the Internet. Connectivity with the corporative applications in the datacentres. IP telephony service. For design reasons, even in the absence of an incident this new connection will carry half of the OECD traffic between the buildings for the mentioned services. To provide the connectivity only one pair of optical fibre is deemed necessary, tenderers are invited to include in their proposals the costs of additional pairs of fibre. INSTALLATION OF THE PHYSICAL LINK Different physical path than the connection in LOT 1. A certain degree of overlapping with the path proposed as result of the LOT 1 is accepted when it is unavoidable for cost reasons. At this stage is not yet possible to know the exact path that will be proposed in LOT 1. During the negotiation phase, that will happen after the LOT 1 negotiation, the OECD will analyse the proposed paths and will require modifications as necessary. The link in La Muette has to be installed in 19, rue Franqueville. In Boulogne Billancourt there is currently only one induction that will be used for the main access. During the negotiations the feasibility to connect the backup line using a second entry point will be discussed. Dark fibre: o Single-mode OS2 dark fibre. o Compliant with current industry standards like ITU-T G 652 D. o Maximum attenuation inferior to 0.4 db/km The fibre does not need to be OECD-property. It can be rented to the provider. Page 16 of 24
17 Tenderers will provide their quotation based in the following financial scenarios: Contract duration: 1 year renewable 4 times Description Backup connections 1 pair (2 individual fibres) Backup connections 2 pairs (4 individual fibres) Non-recurring (installation) costs Monthly recurring costs Note the OECD is looking for a solution end-to-end from rack panel to rack panel. All the equipment (including fibre panels and works in the interior of the buildings) must be included in the offer. The fibres will be terminated in both ends in a panel, provided by the selected provider, and installed in the communications rack using LC connectors (the internal cabling to the rack is therefore included as part of the scope of works) Inside the buildings, fibres will be clearly identified and labelled at least every 30m with plastic thermos-printed labels or similar. The tenderers will include the non-recurring and recurring costs of activating additional pairs of fiber. Non-recurring (installation costs) Increase in the monthly recurring costs Minimum commitment time for the OECD Activation of an additional fibre pair, once the backup connection has been established Page 17 of 24
18 PLANNING The bidders will provide an estimated plan of installation, including all the milestones and key dates. They will include the estimated time to obtain the competent authorities approval for the works. The tenderers will include in their proposals the meetings (in-situ and/or virtual) they estimate necessary to accomplish the project on time. MAINTENANCE OF THE PHYSICAL LINK In addition to the fibre connection, the OECD requires the provision of the maintenance services associated to this link. The expected SLAs for this service are: GTI (Garantie temps d intervention): 4 H GTR (Garantie de temps de rétablissement): 8 H Potential bidders are invited to fill in the following table detailing the SLAs and penalties: Id Description Required by OECD Offered by provider SLA 1 GTI (Garantie temps d intervention): 4 hours SLA 2 GTR (Garantie de temps de rétablissement): 8 hours SLA 3 Maximum delay to respond to administrative requests 7 days It is mandatory to describe the escalation procedure, and the titles and responsibilities of the different levels of escalation. Providers will describe the procedure to open incidents and the operation of their Helpdesk Centre (hotline) Page 18 of 24
19 DOCUMENTATION As part of the project the bidder will provide a dossier including the following information: Reflectometries/measures that guarantee the performance of the fibre. Plans detailing the physical path followed of the fibre. Technical characteristics of the fibre. For all the companies interested a visit to the facilities in Boulogne-Billancourt and La Muette, a joint visit with all the tenderers can be organized before the deadline to help evaluating with precision the scope of the work Guidance on the formulation of the proposal Companies responding to this Call for Tenders can present up to 2 different technical solutions (proposing the two more cost-efficient physical paths to connect the two facilities). For each of the proposals, they should include: - The cost of the solution (including both recurring and non-recurring costs) - A plan indicating the physical path followed by the fibre pair. - Their maintenance conditions and SLAs. - The procedure to open an incident and the escalation procedure. - Examples of different experiences on the same activity. - The technical characteristics of the fibre. One contract will be signed with the selected company for an estimated duration of one year renewable up to 4 times. SUMMARY OF DOCUMENTS TO BE PRESENTED The main proposal cannot exceed 20 pages written in Arial 10. Additional information can be included in annexes if necessary. As a minimum, bidders will provide the following documentation: Section Company description Installation Service Company description including key references A plan indicating the physical path followed by the fibre connection. The expected delay of installation including the authorisations Page 19 of 24
20 Fibre description Maintenance Financial offer References Annexes The technical characteristics of the fibre The maintenance conditions and SLA including the escalation procedure Detail of the different costs of the project (installation, recurrent costs, removal costs if necessary, ) Examples of different experiences on the same activity Additional information. 2.4 UNIFIED OFFER All providers are required to answer to any or both of the individual lots. If they answer to both lots and wish to present a more attractive offer where the OECD can benefit from the economies of scale, they will include a separated document called UNIFIED OFFER, where they will detail: - The prices for both solutions in the case the OECD sign a contract with a single company for the two lots. - A description of what are the benefits of a unified approach. For example: unified SLAs and single point of contact for the maintenance. Page 20 of 24
21 PART III: MINIMUM GENERAL CONDITIONS FOR OECD CONTRACTS The following articles constitute of the minimum general conditions of the contract to be signed between the OECD and the Contractor to whom the Call for Tenders would have been awarded (the Contract ). These minimum general conditions are not exclusive and could, as the case may be, be modified and/or complemented with additional conditions in the Contract. ARTICLE 1 GOODS OR SERVICES The services provided under the Contract (hereinafter The Work ) shall strictly comply with the standards mentioned in the Terms of Reference. It is expressly agreed that the Contractor shall perform the Work in strict accordance with all Standards or, where no such standards have yet been formulated, the authoritative standards of the profession will be the applicable norms. ARTICLE 2 - PRICES Prices charged by the Contractor for the Work shall not vary from the prices quoted by the Contractor in its Tender, with the exception of any price adjustment authorised in the Contract. Payment will be made in Euros. ARTICLE 3 - PAYMENTS AND TAXES In case the Contractor is located outside of France, the Organisation is exempt from taxation, including from sales tax and value added tax (V.A.T.). Therefore, the Contractor shall not charge any such tax to the Organisation. All other taxes of any nature whatsoever are the responsibility of the Contractor. ARTICLE 4 - DELAY IN EXECUTION The Contractor shall perform the Work in accordance with the time schedule and the terms specified in the Contract, this being an essential element of the Contract. Any delay will entitle the Organisation to claim the payment of penalties as negotiated between the Contractor and the Organisation. ARTICLE 5 - ACCESS TO THE PREMISES If the Work requires at any time the presence of the Contractor and/or of the Contractor s employees, agents or representatives ( Personnel ) on the premises of the Organisation, they Page 21 of 24
22 shall observe all applicable rules of the Organisation, in particular security rules, which the Organisation may enforce by taking any measures that it considers necessary. ARTICLE 6 - IMPLEMENTATION OF THE WORK The Contractor undertakes that the Work shall be performed by the individual(s) named in the Contract or otherwise agreed in writing by the Organisation. The Contractor may not replace said individual(s) by others, without the prior written consent of the Organisation. ARTICLE 7 - AUTHORITY The Contractor hereby declares having all rights and full authority to enter into the Contract and to be in possession of all licences, permits and property rights, in particular intellectual property rights, necessary for the performance of the Contract. ARTICLE 8 - LIABILITY The Contractor shall be solely liable for and shall indemnify, defend and hold the Organisation and its personnel harmless from and against any and all claims, losses, damages, costs or liabilities of any nature whatsoever, including those of third parties and Contractor s Personnel, arising directly or indirectly out of or in connection with Contractor s performance or breach of the Contract. It is the responsibility of the Contractor to possess adequate insurances to cover such risks, including any risks related to the execution of the Contract. Neither the Contractor nor any of its Personnel: ARTICLE 9 - REPRESENTATIVES shall in any capacity be considered as members of the staff, employees or representatives of the Organisation; shall have any power to commit the Organisation in respect of any obligation or expenditure whatsoever; shall have any claim to any advantage, payment, reimbursement, exemption or service not stipulated in the Contract. In particular and without limitation, it is understood that neither the Contractor, nor any of the Contractor s Personnel may in any manner claim the benefit of the privileges and immunities enjoyed by the Organisation or by its personnel. Page 22 of 24
23 ARTICLE 10 - INTELLECTUAL PROPERTY The copyright and any other intellectual property rights arising from the Work carried out in performance of this Contract, including the intermediate and final results thereof, shall, on an exclusive and worldwide basis, automatically vest in the Organisation as the Work is created, or be assigned to the Organisation, as the case may be under any applicable legal theory. The price agreed between the Contractor and the Organisation is deemed to include this transfer of rights. The Contractor undertakes not to use the Work for any purpose whatsoever that is not directly necessary to the performance of the Contract, except with the prior written consent of the Organisation. The Contractor shall ensure that the Contractor s Personnel are expressly bound by and respect the provisions of the present clause. ARTICLE 11 - TRANSFER OF RIGHTS OR OBLIGATIONS The Contractor shall not transfer to any third party any rights or obligations under this Contract, in whole or in part, or sub-contract any part of the Work, except with the prior written consent of the Organisation. ARTICLE 12 - TERMINATION Without prejudice to any other remedy for breach of Contract the Organisation may claim, the Organisation reserves the right to terminate the Contract without any prior notice or indemnity: i) in the event of failure by the Contractor to comply with any of its obligations under the Contract; and/or ii) if the Contractor, in the judgment of the Organisation, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. ARTICLE 13 FINANCIAL INFORMATION During the Contract and at least seven years after its termination, the Contractor shall : i). keep financial accounting documents concerning the Contrat and the Work ; ii). make available to the Organisation or any other entity designated by the Organisation, upon request, all relevant financial information, including statements of accounts concerning the Contrat and the Work, whether they are executed by the Contractor or by its any of its subcontractors. The Organisation or any other entity designated by the Organisation may undertake, including on the spot, checks related to the Contrat and/or the Work. Page 23 of 24
24 ARTICLE 14 - ARBITRATION CLAUSE Given the status of the Organisation as an international organisation, the rights and obligations of the Contractor and the Organisation shall be governed exclusively by the terms and conditions of the Contract. Any dispute arising out of the interpretation or implementation of the Contract, which cannot be settled by mutual agreement, shall be referred for decision to an arbitrator chosen by agreement between the Organisation and the Contractor or, failing such agreement on the choice of the arbitrator within three months of the request for arbitration, to an arbitrator appointed by the First President of the Court of Appeal of Paris at the request of either Party. The decision of the arbitrator shall be final and not subject to appeal. The arbitration shall take place in Paris, France. All proceedings and submissions shall be in the English language. Nothing in the Contract shall be construed as a waiver of the Organisation s immunities and privileges as an international organisation. ARTICLE 15 CONFIDENTIALITY Any information, on any medium whatsoever, sent to the Contractor to which the Contractor obtains access on account of the Contract, shall be held confidential. In consequence, the Contractor shall not disclose such information without the written prior consent of the Organisation. The Contractor shall ensure that the Contractor s Personnel is expressly bound by and respect the provisions of the present clause. ARTICLE 16 - DURATION OF THE CONTRACT Unless otherwise stated in the Call For Tenders, the duration of the Contract shall be for one year. It may be renewed twice by tacit agreement for periods of one year, but the total duration may not exceed five years. Page 24 of 24
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