FPU.SR- 19.

REQUEST FOR PROPOSALS

(PROCUREMENT OF SERVICES)
For Simple Assignments

SERVICES FOR

“Construction of LEG Office”

Prepared by

25th Floor 6789 Tower, Ayala Ave., Makati City 1226

March 23, 2022

 REQUEST FOR PROPOSALS
RFP No.: 0002

Mission: MAC, Philippines

Project Name: “Construction of LEG Office – Unit 3, 17th Floor, 6789 Tower”

WBS:

Title of Services:
“Supply and Construction based on the approved layout and scope of works”

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 Request for Proposals

The International Organization for Migration (hereinafter called IOM) intends to hire a
Service Provider for LEG Office Construction – Unit 3, 17th Floor, 6789 Tower, Ayala Avenue,
Makati City, The Philippines.

IOM now invites Service Providers/Construction Firms or any related service to Civil,
Electrical, Mechanical and plumbing works to provide Technical and Financial Proposals.
More details on the services are provided in the attached Terms of Reference (TOR).

The Service Provider will be selected under a Quality–Cost Based Selection procedure
described in this RFP.

The RFP includes the following documents:

I. Approved Layout Plan

II. Technical Proposal – Standard Forms
III. Financial Proposal – Standard Forms
IV. Standard Form of Contract

The ocular inspection will be conducted on 29th March 2022, 10:00 AM at the 17th Floor, 6789
Tower, Ayala Avenue, Makati City 1226.

The Proposals should be submitted by e-mail to maclp@iom.int and all attachments should be in
PDF. Copies of tables used should also be provided in Excel format that has been provided as
part of the RFP. Proposals may also be delivered by hand or through mail (with soft copies
provided) to IOM with office address at 25th floor 6789 tower, Ayala Ave, Makati City 1226 on or
before 1pm on 01st of April 2022 – Manila Time. No late proposal shall be accepted.

IOM reserves the right to accept or reject any proposal and to annul the selection process and
reject all Proposals at any time prior to contract award, without thereby incurring any liability to
affected Service Providers/ Consulting Firms

You are requested to hold your proposal valid for 60 days from the deadline for submission.

Ulan Kerimbaev
Senior Resource Management Officer

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 Table of Contents

Section I - Instructions to Service Providers/Consulting Firms...............................................................5

Section II – Technical Proposal Standard Forms..............................................................................11

Section III. Financial Proposal - Standard Forms.............................................................................18

Section IV. Terms of Reference......................................................................................................21

Section V – Pro-forma Contract...........................................................................................................21

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Section I - Instructions to Service Providers/Consulting Firms

1. Introduction

1.1 Only eligible Service Providers may submit a Technical Proposal and Financial Proposal for
the services required. The proposal shall be the basis for contract negotiations and
ultimately for a signed contract with the selected Company.

1.2 Service Providers should familiarize themselves with local conditions and take them into
account in preparing the proposal.

1.3 The Service Provider’s costs of preparing the proposal and of negotiating the contract,
including visit/s to the IOM, are not reimbursable as a direct cost of the assignment.

1.4 Service Providers shall not be hired for any assignment that would be in conflict with their
prior or current obligations to other procuring entities, or that may place them in a
position of not being able to carry out the assignment in the best interest of the IOM.

1.5 IOM is not bound to accept any proposal and reserves the right to annul the selection
process at any time prior to contract award, without thereby incurring any liability to the
Service Providers.

1.6 IOM shall provide at no cost to the Service Provider the necessary inputs and facilities, and
assist the Firm in obtaining licenses and permits needed to carry out the services and
make available relevant project data and report (see Section V. terms of reference).

2. Corrupt, Fraudulent, and Coercive Practices

2.1 IOM Policy requires that all IOM Staff, bidders, manufacturers, suppliers or distributors,
observe the highest standard of ethics during the procurement and execution of all contracts.
IOM shall reject any proposal put forward by bidders, or where applicable, terminate their
contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or
coercive practices. In pursuance of this policy, IOM defines for purposes of this paragraph the
terms set forth below as follows:

 Corrupt practice means the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence the action of the Procuring/Contracting
Entity in the procurement process or in contract execution;

 Fraudulent practice is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting
Entity in the procurement process or the execution of a contract, to obtain a financial
gain or other benefit to avoid an obligation;

 Collusive practice is an undisclosed arrangement between two or more bidders

designed to artificially alter the results of the tender procedure to obtain a financial
gain or other benefit;

 Coercive practice is impairing or harming, or threatening to impair or harm, directly or

indirectly, any participant in the tender process to influence improperly its activities in
a procurement process, or affect the execution of a contract
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3. Conflict of Interest

3.1 All bidders found to have conflicting interests shall be disqualified to participate in the
procurement at hand. A bidder may be considered to have conflicting interest under any of
the circumstances set forth below:

 A Bidder has controlling shareholders in common with another Bidder;

 A Bidder receives or has received any direct or indirect subsidy from another Bidder;

 A Bidder has the same representative as that of another Bidder for purposes of this bid;

 A Bidder has a relationship, directly or through third parties, that puts them in a position
to have access to information about or influence on the Bid of another or influence the
decisions of the Mission/Procuring Entity regarding this bidding process;

 A Bidder submits more than one bid in this bidding process;

 A Bidder who participated as a consultant in the preparation of the design or technical

specifications of the Goods and Related Services that are subject of the bid.

4. Clarifications and Amendments to RFP Documents

4.1 At any time before the submission of the proposals, IOM may, for any reason, whether at its
own initiative or in response to a clarification amend the RFP. Any amendment made will
be made available to all Service Providers who have acknowledged the RFP.

4.2. Service Providers may request for clarification(s) on any part of the RFP. The request must be
sent in writing or by standard electronic means and submitted to IOM at the address
indicated in the invitation on or before 01st of April 2022. IOM will respond in writing or by
standard electronic means to the said request and this will be made available to all those
who acknowledged the RFP without identifying the source of the inquiry.

5. Preparation of the Proposal

5.1 A Service Provider Proposal shall have two (2) components:

a) Technical Proposal, and

b) Financial Proposal.

5.2 The Proposal, and all related correspondence exchanged by the Service Provider IOM, shall
be in English. All reports prepared by the contracted Service Provider shall be in English.

5.3 The Service Providers are expected to examine in detail the documents constituting this
Request for Proposal (RFP). Material deficiencies in providing the information requested
may result in rejection of a proposal.

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6. Technical Proposal

6.1 When preparing the Technical Proposal, Service Providers must give particular attention to
the following:

a) The renovation works should comply with the building’s regulations.

b) Attention to details based on the approved layout plan and approved scope of
works.
c) Warranty on materials and labor.
d) Availability and lead-time delivery of the materials.

6.2 The technical proposal shall not include any financial information.

7. Financial Proposal

7.1 In preparing the Financial Proposal, Service Providers are expected to take into account
the requirements and conditions outlined in the RFP. The Financial Proposal shall follow
the Financial Proposal Standard Forms FPF 1 to FPF 3 (Section IV).

7.2 The Financial proposal shall include all costs associated with the project. Activities and
items in the Technical Proposal but not priced shall be assumed to be included in the
prices of other activities or items.

7.4. Service Providers/Consulting Firms shall express the price of their services in Php Philippine
Peso, exclusive of VAT.

7.5 The Financial Proposal shall be valid for 90 calendar days. During this period, the Service
Provider/Consulting Firm is expected to keep available the professional staff for the
assignment. IOM will make its best effort to complete negotiations and determine the
award within the validity period. If IOM wishes to extend the validity period of the
proposals, the Service Provider/Consulting Firm has the right not to extend the validity of
the proposals.

8. Submission, Receipt, and Opening of Proposals

8.1 Service Providers may only submit one proposal. If a Service Provider submits or participates in
more than one proposal such proposal shall be disqualified.

8.2 The original Proposal (both Technical and Financial Proposals) shall be prepared in
indelible ink. It shall contain no overwriting, except as necessary to correct errors made by
the Service Providers themselves. Any such corrections or overwriting must be initialed by
the person(s) who signed the Proposal.

8.5 Proposals must be received by IOM Manila Administrative Centre with office address at 25th
floor 6789 Tower, Ayala Avenue, Makati City at 01PM (Manila Time) on or before 1st of
April 2022, or via email at maclp@iom.int. Any Proposal submitted by the Service Provider
after the deadline for receipt of Proposals prescribed by IOM shall be declared “Late,” and
shall not be accepted by the IOM (returned to the service Provider if hand delivered)
unopened.

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9. Evaluation of Proposals

9.1 After the Proposals have been submitted to IOM and during the evaluation period, Service
Providers that have submitted their Proposals are prohibited from making any kind of
communication with any IOM Staff regarding matters connected to their Proposals. Any
effort by the Service Providers to influence IOM in the examination, evaluation, ranking of
Proposal, and recommendation for the award of contract may result in the rejection of the
Service Provider’s Proposal.

10. Technical Evaluation

10.1 The entire evaluation process, including the submission of the results and approval by the
approving authority, shall be completed in not more than three days (3) calendar days
after the deadline for receipt of proposals.

10.2 The IOM shall evaluate the Proposals on the basis of their responsiveness to the Terms of
Reference, compliance to the requirements of the RFP and by applying an evaluation
criteria, sub criteria and point system. Each responsive proposal shall be given a technical
score (St). The proposal with the highest score or rank shall be identified as the Highest
Rated/Ranked Proposal.

10.3 A proposal shall be rejected at this stage if it does not respond to important aspects of the
TOR or if it fails to achieve the minimum technical qualifying score which is 70%.

10.4 The Service Provider is required to specify in sufficient detail as stated in Terms of
Reference.

10.4 The technical proposals of Service Providers shall be evaluated based on the following
criteria and sub-criteria:
Points
(i) Specific experience of the Service Providers/Consulting Firms relevant to
the assignment: 10 pts

(ii) Adequacy of the proposed methodology and work plan in response to the
Terms of Reference:
a) Technical approach and methodology 30 pts
b)Organization and staffing 20 pts
Total points for criterion (ii): 60 pts

(iii) Key professional staff qualifications and competence for the assignment:
a) Team Leader 20pts
b) Support Staff 20pts
Total points for criterion (iii): 40pts

Total weight: [100%]

The minimum technical score St required to pass is: 70 Points

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 10.5 Technical Proposal shall not be considered for evaluation in any of the following cases:

a) late submission, i.e., after the deadline set

b) failure to submit any of the technical requirements and provisions provided under
the Instruction to Service Provider/ Consulting Firm (ITC) and Terms of Reference
(TOR);

11. Financial Evaluation

11.1 After completion of the Technical Proposal evaluation, IOM shall notify those Service
Providers whose proposal did not meet the minimum qualifying score or were
considered non responsive based on the requirements in the RFP, indicating that their
Financial Proposals shall be returned unopened after the completion of the selection
process.

11.3 IOM shall determine the completeness of the Financial Proposal whether all the Forms
are present and the required to be priced are so priced.

11.4 IOM will correct any computational errors. In case of a discrepancy between a partial
amount and the total amount, or between words and figures, the former will prevail. In
addition, activities and items described in the Technical Proposal but not priced, shall be
assumed to be included in the prices of other activities or items.

11.5 The Financial Proposal of Service Providers who passed the qualifying score shall be opened,
the lowest Financial Proposal (F1) shall be given a financial score (Sf) of 100 points. The
financial scores (Sf) of the other Financial Proposals shall be computed based on the
formula:

Sf = 100 x Fl / F

Where:

Sf - is the financial score of the Financial Proposal under consideration,

Fl - is the price of the lowest Financial Proposal, and
F - is the price of the Financial Proposal under consideration.

The proposals shall then be ranked according to their combined (Sc) technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal = 0.70; F =
the weight given to the Financial Proposal = 0.30; T + F = 1)

Sc = St x T% + Sf x F%

The firm achieving the highest combined technical and financial score will be invited for
negotiations.

12. Negotiations

12.1 The aim of the negotiation is to reach agreement on all points and sign a contract. The
expected date and address for contract negotiation is 4th of April 2022.
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 12.2 Negotiation will include: a) discussion and clarification of the Terms of Reference (TOR)
and Scope of Services; b) Discussion and finalization of the methodology and work
program proposed by the Service Provider; c) Consideration of appropriateness of
qualifications and pertinent compensation, number of man-months and the personnel
to be assigned to the job, and schedule of activities (manning schedule); d) Discussion on
the services, facilities and data to be provided by IOM; e) Discussion on the financial
proposal submitted by the Service Provider; and f) Provisions of the contract. IOM shall
prepare minutes of negotiation which will be signed both by IOM and the Service
Providers.

12.4 Having selected the Service Provider on the basis of, among other things, an evaluation
of proposed key professional staff, IOM expects to negotiate a contract on the basis of
the experts named in the proposal. Before contract negotiations, IOM shall require
assurances that the Consultant shall be actually available. IOM will not consider
substitutions during contract negotiation unless both parties agree that the undue delay
in the selection process makes such substitution unavoidable or for reasons such as
death or medical incapacity. If this is not the case and if it is established that staff were
referred in their proposal without confirming their availability, the Service Provider may
be disqualified.

12.5 All agreement in the negotiation will then be incorporated in the description of services
and form part of the Contract.

12.6 The negotiations shall conclude with a review of the draft form of the Contract which
forms part of this RFP (Section VI). To complete negotiations, IOM and the Service
Providers shall initial the agreed Contract. If negotiations fail, IOM shall invite the second
ranked Service Provider to negotiate a contract. If negotiations still fail, the IOM shall
repeat the process for the next-in-rank Service Providers until the negotiation is
successfully completed.

13. Award of Contract

13.2 The contract shall be awarded, through a notice of award, following negotiations and
subsequent post-qualification to the Service Provider with the Most Responsive
Proposal – combining the technical and financial score. Thereafter, IOM shall promptly
notify other Service Providers on the shortlist that they were unsuccessful and shall
return their unopened Financial Proposals. Notification will also be sent to those Service
Providers who did not pass the technical evaluation.

13.3 The Service Provider is expected to commence the assignment on 18th of April 2022.

14. Confidentiality

14.1.1 Information relating to the evaluation of proposals and recommendations concerning

awards shall not be disclosed to the Service Provider/Consulting Firm who submitted
Proposals or to other persons not officially concerned with the process. The undue use
by any Service Provider of confidential information related to the process may result in
the rejection of its Proposal and may be subject to the provisions of IOM’s anti-fraud and
corruption policy.
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Section II – Technical Proposal Standard Forms

TPF-1: Technical Proposal Submission Form

[Location, Date]

To:

Ladies/Gentlemen:

We, the undersigned, offer to provide the Services for “LEG Office Construction” in accordance with
your Request for Proposal (RFP) dated [insert Date] and our Proposal. We are hereby submitting our
Proposal, which includes this Technical Proposal, and a Financial Proposal.

If negotiations are held after the period of validity of the Proposal, we undertake to negotiate on the
basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications
resulting from Contract negotiations.

We acknowledge and accept IOM’s right to inspect and audit all records relating to our Proposal
irrespective of whether we enter into a contract with IOM as a result of this proposal or not.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

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TPF – 2: Service Providers Organization

[Provide here brief (two pages) description of the background and organization of your firm/entity
and each associate for the assignment (if applicable).]

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TPF – 3: Description of the Approach, Methodology and Work Plan for Performing the Assignment

[The description of the approach, methodology and work plan should normally consist of 10 pages,
including charts, diagrams, and comments and suggestions, if any, on Terms of Reference and
counterpart staff and facilities.]

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 TPF – 4: Team Composition and Task Assignments

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

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TPF – 5: Format of Curriculum Vitae (CV) for Proposed Professional Staff

Proposed Position:
Name of Firm:
Name of Staff:
Profession:
Date of Birth:
Years with Firm/Entity: Nationality:
Membership in Professional Societies:

Detailed Tasks Assigned:

Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give
dates and locations. Use about half a page.]

Education:
[Summarize college/university and other specialized education of staff member, giving names of
schools, dates attended, and degrees obtained.]

Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by
staff member since graduation, giving dates, names of employing organizations, titles of positions
held, and locations of assignments. For experience in last ten years, also give types of activities
performed and client references, where appropriate.]

Languages:
[For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and
writing.]

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe
me, my qualifications, and my experience. I understand that any willful misstatement described
herein may lead to my disqualification or dismissal, if engaged.

Date:
[Signature of staff member and authorized representative of the firm] Day/Month/Year

Full name of staff member:______________________________________

Full name of authorized representative: _________________________

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 TPF-6: Time Schedule for Professional Personnel
Months (in the Form of a Bar Chart)
Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

Subtotal (1)
________________

Subtotal (2)
________________

Subtotal (3)
________________

Subtotal (4)
________________

Full-time: Part-time :
Reports Due:
Activities Duration:
Location
Signature of Authorized Representative: ______________________
Full Name:____________________________
Title : ________________________________

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TPF-7: Activity (Work) Schedule

A. Field Investigation and Other Activities

Duration
Activity/Work
No. 10t 11t 12t
Description 1st 2nd 3rd 4th 5th 6th 7th 8th 9th
h h h
1
2
3
4
5

B. Completion and Submission of Reports

Reports Date

1. Inception Report

2. Interim Progress Report

(a) First Status Report
(b) Second Status Report

3. Draft Report

4. Final Report

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Section III. Financial Proposal - Standard Forms

FPF-1: Financial Proposal Submission Form

[Location, Date]

To: [Name of Chairperson and address of IOM Mission]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services “LEG Office Construction” in
accordance with your Request for Proposal (RFP) dated [insert date] and our Proposal (Technical and
Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and
figures], exclusive of taxes.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract
negotiations, up to expiration of the validity period of [insert validity period] of the Proposal.

We acknowledge and accept the IOM right to inspect and audit all records relating to our Proposal
irrespective of whether we enter into a contract with the IOM as a result of this Proposal or not.

We confirm that we have read, understood and accept the contents of the Instructions to Service
Providers, Terms of Reference (TOR), the Draft Contract, the provisions relating to the eligibility of
Service Providers, any and all bulletins issued and other attachments and inclusions included in the
RFP sent to us.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

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FPF– 2: Summary of Costs

Costs Currency Amount(s)

II

Total Amount of Financial Proposal 1

1
Indicate total costs, net of taxes, to be paid by IOM in each currency. Such total costs must coincide with the sum of the relevant
subtotal indicated in all Forms FPF-3 provided with the Proposal.

Authorized Signature:
Name and Title of Signatory:

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FPF-3: Breakdown of Remuneration per Activity

[Information provided in this Form should only be used to establish payments to the Service
Provider for possible additional services requested by IOM]

Name of Staff Position Staff-month Rate

Professional Staff
1.
2.
3.
4.
5.
Support Staff
1.
2.
3.
4.
5.

Authorized Signature:
Name and Title of Signatory:

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Section IV. Approved Layout Plan
Approved Layout Plan

The scope of works will be discussed during the ocular inspection on March 29, 2022.

Link: 17th Floor 6789 Approved Layout

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 Section V – Pro-forma Contract
LEG-C.1. GENERAL SERVICE AGREEMENT (updated 27 July 2018)

Note: All Directors/CoMs/HoOs are responsible for personally ensuring that the instructions in IN/99
revised effective 1 September 2015 (Delegation of Authority for Concluding Contracts and
Agreements) are followed, that the checklist (attached at the end of the template) is completed and
signed by them if LEG approval is not required. For Air Charter [C.2], Ferry Charter [C.3],
Transportation of Goods [C.4], Construction [C.5], Medical Examination/Treatment [C.7], Security
Guard Services [C.8], Ground Transportation of Persons [C.9], Auditing Services [C.10] Office Lease
[E.1.], and Vehicle Lease [E.3.], please use the template for the specific services. If you seek to hire
Consultants, please comply with the procedure and requirements outlined by IN/84. If
subcontracting, please check the donor agreement for any donor requirement regarding a
subcontract (i.e. use of donor’s logo, reporting requirements, anti-corruption clause or any particular
provision to be inserted in a subcontract etc.) and insert in Article 20 any specific donor
requirements which must be flown down to IOM’s subcontractors.

PLEASE NOTE: If there are deviations in this Agreement which result in inability to confirm applicability of all
checklist requirements and thereby make LEG approval necessary, please check if this Agreement falls
within one of the contract categories outlined by IN/99 Rev.2 paragraph 12. If this is the case, please check if
all checklist requirements of the applicable Mandatory Contract Guideline are fulfilled. In such case the
Agreement may still proceed without approval.

IOM office-specific Ref. No.:

IOM Project Code:
LEG Approval Code / Checklist Code

SERVICE AGREEMENT
Between
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the International Organization for Migration
And
[Name of the Service Provider]
On
[Type of Services]

This Service Agreement is entered into by the International Organization for Migration, an
organization which is part of the United Nations system, Mission in [XXX], [Address of the
Mission], represented by [Name, Title of Chief of Mission etc.], hereinafter referred to as
“IOM,” and [Name of the Service Provider], [Address], represented by [Name, Title of the
representative of the Service Provider], hereinafter referred to as the “Service Provider.”
IOM and the Service Provider are also referred to individually as a “Party” and collectively as
the “Parties.”

1. Introduction and Integral Documents

The Service Provider agrees to provide IOM with [insert brief description of services] in
accordance with the terms and conditions of this Agreement and its Annexes, if any.

The following documents form an integral part of this Agreement: [add or delete as required]

(a) Annex A - Bid/Quotation Form

(b) Annex B - Price Schedule
(c) Annex C - Delivery Schedule and Terms of Reference
(d) Annex D - Accepted Notice of Award (NOA)

2. Services Supplied

2.1 The Service Provider agrees to provide to the IOM the following services (the
“Services”):

[Outline services to be provided. Where relevant, include location and how

frequently etc. services are to be provided. List all the deliverables and their date
of submission, if applicable. Description needs to be as detailed as possible to
provide for a reliable yardstick to measure compliance. It may be necessary to
attach a description of the Services as an Annex.]

2.2 The Service Provider shall commence the provision of Services from [date] and
fully and satisfactorily complete them by [date].

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 2.3 The Service Provider agrees to provide the Services required under this Agreement
in strict accordance with the specifications of this Article and any attached
Annexes.

3. Charges and Payments

3.1 The all-inclusive Service fee for the Services under this Agreement shall be
[currency code] [amount in numbers] ([amount in words]), which is the total
charge to IOM.

3.2 The Service Provider shall invoice IOM upon completion of all the Services. The
invoice shall include: [services provided, hourly rate, number of hours billed, any
travel and out of pocket expenses, (add/delete as necessary)]

3.3 Payments shall become due [insert number of days in numbers] ([write figure in
words]) days after IOM’s receipt and approval of the invoice. Payment shall be
made in [Currency code] by [bank transfer] to the following bank account: [insert
the Service Provider’s bank account details].

3.4 The Service Provider shall be responsible for the payment of all taxes, duties, levies
and charges assessed on the Service Provider in connection with this Agreement.

3.5 IOM shall be entitled, without derogating from any other right it may have, to
defer payment of part or all of the Service fee until the Service Provider has
completed to the satisfaction of IOM the services to which those payments relate.

4. Warranties

4.1 The Service Provider warrants that:

(a) It is a company financially sound and duly licensed, with adequate human
resources, equipment, competence, expertise and skills necessary to provide
fully and satisfactorily, within the stipulated completion period, all the Services
in accordance with this Agreement;
(b) It shall comply with all applicable laws, ordinances, rules and regulations when
performing its obligations under this Agreement;
(c) In all circumstances it shall act in the best interests of IOM;
24
 (d) No official of IOM or any third party has received from, will be offered by, or
will receive from the Service Provider any direct or indirect benefit arising from
the Agreement or award thereof;
(e) It has not misrepresented or concealed any material facts in the procurement
of this Agreement;
(f) The Service Provider, its staff or shareholders have not previously been
declared by IOM ineligible to be awarded agreements by IOM;
(g) It has or shall take out relevant insurance coverage for the period the Services
are provided under this Agreement;
(h) It shall abide by the highest ethical standards in the performance of this
Agreement, which includes not engaging in any discriminatory or exploitative
practice or practice inconsistent with the rights set forth in the Convention on
the Rights of the Child;
(i) The Price specified in this Agreement shall constitute the sole remuneration in
connection with this Agreement. The Service Provider shall not accept for its
own benefit any trade commission, discount or similar payment in connection
with activities pursuant to this Agreement or the discharge of its obligations
thereunder. The Service Provider shall ensure that any subcontractors, as well
as the personnel and agents of either of them, similarly, shall not receive any
such additional remuneration.
(j) It shall respect the legal status, privileges and immunities of IOM as an
intergovernmental organization, such as inviolability of documents and archive
wherever it is located, exemption from taxation, immunity from legal process
or national jurisdiction. In the event that the Service Provider becomes aware
of any situation where IOM’s legal status, privileges or immunities are not fully
respected, it shall immediately inform IOM.
(k) It must not employ, provide resources to, support, contract or otherwise deal with any
person, entity or other group associated with terrorism as per the most recent
Consolidated United Nations Security Council Sanctions List and all other applicable
terrorism legislation. If, during the term of this Agreement, the Service Provider
determines there are credible allegations that funds transferred to it in accordance
with this Agreement have been used to provide support or assistance to individuals or
entities associated with terrorism, it will inform IOM immediately who in consultation
with the donors as appropriate, shall determine an appropriate response.

4.2 The Service Provider warrants that it shall abide by the highest ethical standards in
the performance of this Agreement, which includes not engaging in any fraudulent,
corrupt, discriminatory or exploitative practice or practice inconsistent with the
rights set forth in the Convention on the Rights of the Child. The Service Provider
shall immediately inform IOM of any suspicion that the following practice may
have occurred or exist:

(a) a corrupt practice, defined as the offering, giving, receiving or soliciting, directly
or indirectly, of anything of value to influence the action of IOM in the
procurement process or in contract execution;
25
 (b) a fraudulent practice, defined as any act or omission, including a
misrepresentation or concealment, that knowingly or recklessly misleads, or
attempts to mislead, IOM in the procurement process or the execution of a
contract, to obtain a financial gain or other benefit or to avoid an obligation or
in such a way as to cause a detriment to IOM;
(c) a collusive practice, defined as an undisclosed arrangement between two or
more bidders designed to artificially alter the results of the tender process to
obtain a financial gain or other benefit;
(d) a coercive practice, defined as impairing or harming, or threatening to impair
or harm, directly or indirectly, any participant in the tender process to
influence improperly its activities, or affect the execution of a contract.
(e) an obstructive practice, defined as (i) deliberately destroy, falsifying, altering or
concealing of evidence material to IOM investigations, or making false
statements to IOM investigators in order to materially impede a duly
authorized investigation into allegations of fraudulent, corrupt, collusive,
coercive or unethical practices; and/or threatening, harassing or intimidating
any party to present it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or (ii) acts intended to
materially impede the exercise of IOM’s contractual rights of access to
information.
(f) any other unethical practice contrary to the principles of efficiency and
economy, equal opportunity and open competition, transparency in the
process and adequate documentation, highest ethical standards in all
procurement activities.

4.3 The Service Provider further warrants that it shall:

(a) Take all appropriate measures to prohibit and prevent actual, attempted and
threatened sexual exploitation and abuse (“SEA”) by its employees or any other
persons engaged and controlled by it to perform activities under this Agreement
(“other personnel”). For the purpose of this Agreement, SEA shall include:
1. Exchanging any money, goods, services, preferential treatment, job
opportunities or other advantages for sexual favours or activities, including
humiliating or degrading treatment of a sexual nature; abusing a position of
vulnerability, differential power or trust for sexual purposes, and physical
intrusion of a sexual nature whether by force or under unequal or coercive
conditions.
2. Engaging in sexual activity with a person under the age of 18 (“child”), except if
the child is legally married to the concerned employee or other personnel and is
over the age of majority or consent both in the child’s country of citizenship and
in the country of citizenship of the concerned employee or other personnel.
(b) Strongly discourage its employees or other personnel having sexual relationships with
IOM beneficiaries.
(c) Report timely to IOM any allegations or suspicions of SEA, and investigate and take
appropriate corrective measures, including imposing disciplinary measures on the
person who has committed SEA.
(d) Ensure that the SEA provisions are included in all subcontracts.

26
 (e) Adhere to above commitments at all times. Failure to comply with (a)-(d) shall
constitute grounds for immediate termination of this Agreement.

4.4 The above warranties shall survive the expiration or termination of this Agreement.

5. Assignment and Subcontracting

5.1 The Service Provider shall not assign or subcontract the activities under this
Agreement in part or all, unless agreed upon in writing in advance by IOM. Any
subcontract entered into by the Service Provider without approval in writing by
IOM may be cause for termination of the Agreement.

5.2 In certain exceptional circumstances by prior written approval of IOM, specific jobs
and portions of the Services may be assigned to a subcontractor. Notwithstanding
the said written approval, the Service Provider shall not be relieved of any liability
or obligation under this Agreement nor shall it create any contractual relation
between the subcontractor and IOM. The Service Provider remains bound and
liable thereunder and it shall be directly responsible to IOM for any faulty
performance under the subcontract. The subcontractor shall have no cause of
action against IOM for any breach of the subcontract.

6. Delays/Non-Performance

6.1 If, for any reason, the Service Provider does not carry out or is not able to carry out
its obligations under this Agreement and/or according to the project document, it
must give notice and full particulars in writing to IOM as soon as possible. In the
case of delay or non-performance, IOM reserves the right to take such action as in
its sole discretion is considered to be appropriate or necessary in the
circumstances, including imposing penalties for delay or terminating this
Agreement.

6.2 Neither Party will be liable for any delay in performing or failure to perform any of
its obligations under this Agreement if such delay or failure is caused by force
majeure, such as civil disorder, military action, natural disaster and other
circumstances which are beyond the control of the Party in question. In such
event, the Party will give immediate notice in writing to the other Party of the
existence of such cause or event and of the likelihood of delay.

7. Independent Contractor

27
 The Service Provider, its employees and other personnel as well as its subcontractors
and their personnel, if any, shall perform all Services under this Agreement as an
independent contractor and not as an employee, partner, or agent of IOM.

8. Audit

The Service Provider agrees to maintain financial records, supporting documents,

statistical records and all other records relevant to the Services in accordance with
generally accepted accounting principles to sufficiently substantiate all direct and
indirect costs of whatever nature involving transactions related to the provision of
Services under this Agreement. The Service Provider shall make all such records
available to IOM or IOM's designated representative at all reasonable times until the
expiration of 7 (seven) years from the date of final payment, for inspection, audit, or
reproduction. On request, employees of the Service Provider shall be available for
interview.

9. Confidentiality

9.1 All information which comes into the Service Provider’s possession or knowledge in
connection with this Agreement is to be treated as strictly confidential. The Service
Provider shall not communicate such information to any third party without the
prior written approval of IOM. The Service Provider shall comply with IOM Data
Protection Principles in the event that it collects, receives, uses, transfers or stores
any personal data in the performance of this Agreement. These obligations shall
survive the expiration or termination of this Agreement.

9.2 Notwithstanding the previous paragraph, IOM may disclose information related to
this Agreement, such as the name of the Service Provider and the value of the
Agreement, the title of the contract/project, nature and purpose of the
contract/project, name and locality/address of the Service Provider and the
amount of the contract/project to the extent as required by its Donor or in relation
to IOM’s commitment to any initiative for transparency and accountability of
funding received by IOM in accordance with the policies, instructions and
regulations of IOM.

10. Intellectual Property

All intellectual property and other proprietary rights including, but not limited to,
patents, copyrights, trademarks, and ownership of data resulting from the performance
of the Services shall be vested in IOM, including, without any limitation, the rights to
use, reproduce, adapt, publish and distribute any item or part thereof.
28
11. Notices

Any notice given pursuant to this Agreement will be sufficiently given if it is in writing
and received by the other Party at the following address:

International Organization for Migration (IOM)

Attn: [Name of IOM contact person]
[IOM’s address]
Email: [IOM’s email address]

[Full name of the Service Provider]

Attn: [Name of the Service Provider‘s contact person]
[Service Provider‘s address]
Email: [Service Provider‘s email address]

12. Dispute resolution

12.1. Any dispute, controversy or claim arising out of or in relation to this Agreement, or the
breach, termination or invalidity thereof, shall be settled amicably by negotiation
between the Parties.

12.2 In the event that the dispute, controversy or claim has not been resolved by negotiation
within 3 (three) months of receipt of the notice from one party of the existence of such
dispute, controversy or claim, either Party may request that the dispute, controversy or
claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL
Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.

12.3 In the event that such conciliation is unsuccessful, either Party may submit the dispute,
controversy or claim to arbitration no later than 3 (three) months following the date of
termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation
Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL
arbitration rules as adopted in 2013. The number of arbitrators shall be one and the
language of arbitral proceedings shall be English, unless otherwise agreed by the Parties
in writing. The arbitral tribunal shall have no authority to award punitive damages. The
arbitral award will be final and binding.

12.4 The present Agreement as well as the arbitration agreement above shall be
governed by the terms of the present Agreement and supplemented by
internationally accepted general principles of law for the issues not covered by the
Agreement, to the exclusion of any single national system of law that would defer

29
 the Agreement to the laws of any given jurisdiction. Internationally accepted
general principles of law shall be deemed to include the UNIDROIT Principles of
International Commercial Contracts. Dispute resolution shall be pursued
confidentially by both Parties. This Article survives the expiration or termination of
the present Agreement.

13. Use of IOM Name

The official logo and name of IOM may only be used by the Service Provider in
connection with the Services and with the prior written approval of IOM.

14. Status of IOM

Nothing in or relating to the Agreement shall be deemed a waiver, express or implied, of any of
the privileges and immunities of the International Organization for Migration as an
intergovernmental organization.

15. Guarantee and Indemnities

15.1 The Service Provider shall guarantee any work performed under this Agreement
for a period of 12 (twelve) months after final payment by IOM under this
Agreement.

15.2 The Service Provider shall at all times defend, indemnify, and hold harmless IOM,
its officers, employees, and agents from and against all losses, costs, damages and
expenses (including legal fees and costs), claims, suits, proceedings, demands and
liabilities of any kind or nature to the extent arising out of or resulting from acts or
omissions of the Service Provider or its employees, officers, agents or
subcontractors, in the performance of this Agreement. IOM shall promptly notify
the Service Provider of any written claim, loss, or demand for which the Service
Provider is responsible under this clause. This indemnity shall survive the
expiration or termination of this Agreement.

16. Waiver

Failure by either Party to insist in any one or more instances on a strict performance of
any of the provisions of this Agreement shall not constitute a waiver or relinquishment

30
 of the right to enforce the provisions of this Agreement in future instances, but this right
shall continue and remain in full force and effect.

17. Termination

17.1 IOM may terminate this Agreement at any time, in whole or in part.

17.2 In the event of termination of this Agreement, IOM will only pay for the Services
completed in accordance with this Agreement unless otherwise agreed. Other
amounts paid in advance, if any, will be returned to IOM within 7 (seven) days
from the date of termination.

17.3 Upon any such termination, the Service Provider shall waive any claims for
damages including loss of anticipated profits on account thereof.

18. Severability

If any part of this Agreement is found to be invalid or unenforceable, that part will be
severed from this Agreement and the remainder of the Agreement shall remain in full
force.

19. Entirety

This Agreement embodies the entire agreement between the Parties and supersedes all
prior agreements and understandings, if any, relating to the subject matter of this
Agreement.

21. Final clauses

21.1 This Agreement will enter into force upon signature by both Parties. It will remain in force
until completion of all obligations of the Parties under this Agreement unless terminated
earlier in accordance with Article 17.

21.2 Amendments may be made by mutual agreement in writing between the Parties.
Amendment of the provisions of Article 2.2 (Service commencement/completion dates) or
Article 3.1 (Service fee) shall be made through an amendment to this Agreement signed by
both Parties.

31
Signed in duplicate in English, on the dates and at the places indicated below.

For and on behalf of For and on behalf of

The International Organization [Full name of the Service Provider]
for Migration

Signature Signature

_________________________ ____________________________
Name Name
Position Position
Date Date
Place Place

32
Checklist Code: CHECKLIST- _______________
(To be filled in upon receiving Checklist Code from LEG.)

Checklist – C.1. General Service Agreement

Updated on 27 July 2018

Please tick one of the following for new Agreement(s):

□ i) The General Service Agreement(s) attached do(es) NOT require LEG approval, as
it/they follow(s) the latest IOM template General Service Agreement without any
deviation1. (IN/99 Rev.2, paragraph 7)
□
ii) The General Service Agreement(s) attached do(es) NOT require LEG approval, as
it/they follow(s) the special template previously agreed by LEG as per Ref. No.
EXC___________ . (IN/99 Rev.2, paragraph 10)

PLEASE NOTE: If there are deviations in the Agreement(s) which result in inability to
confirm applicability of all checklist requirements and thereby make LEG review and
approval necessary, please check if this Agreement falls within one of the contract
categories outlined by IN/99 Rev.2 paragraph 12. If this is the case, please check if all
checklist requirements of the applicable Mandatory Contract Guideline are fulfilled. In
such case the Agreement may still proceed without approval.

If filling in this checklist for Amendment(s), please tick one of the following:

□ The Amendment(s) attached do(es) NOT require LEG approval, as it/they is/are an
Amendment to a Service Agreement listed in paragraphs 7 or 10 of IN/99 Rev.2 and the
amendment, together with the original Agreement and any other existing Amendments, if
any, remain within the parameters set in these paragraphs. (IN/99 Rev.2, paragraph 13)

Please write here LEG approval/checklist code, if any, for the original Agreement(s) and for any
previous Amendment signed:

_______________________________________________________________________________

Before or upon signing any Agreement/Amendment, Director/CoM/HoO/OiC should check ALL

items and tick all applicable boxes depending on the content of the
Agreement(s)/Amendment(s). Kindly note that unless all the conditions below are fulfilled for
each Agreement/Amendment, the Agreement(s)/Amendment(s) is/are not eligible for the
assignment of a checklist code and will be reviewed and approved by LEG. PLEASE NOTE that if

1 Without any deviation means that nothing in the template is changed other than filling in names, prices,
dates, etc. in the appropriate space provided therefor.
33
you submit this checklist for multiple Agreements/Amendments, you need to additionally fill in
the form at the end of this checklist.

□ No services have taken place prior to signing the Agreement(s). (For Amendments: The changes made
under the Amendment(s) shall apply only from the date of signing of the Amendment or later and the
original Agreement [as amended previously, if at all] has not yet expired.)

□ All activities comply with IOM's Constitution, policies, regulations, rules, manuals, Guidance Notes and
instructions from relevant thematic areas.

□ The other party/parties has/have been selected in compliance with IOM procurement rules.

□ The authority of the person(s) signing on behalf of the other party to do so has been verified.

□ The Agreement(s) is/are NOT for the provision of Human Resources Services.

□ The name and dates/duration for the Services are exactly the same on:
o The Agreement; and
o All Annexes, incl. Budget, if any and as applicable.

□ Specify:
a) The Services are not IT related;
b) The Services are IT related and ICT approval has already been obtained. ( Please attach
relevant approval email from ICT to your checklist code request.)

o Specify a) or b): ___________

□ The Contract Price:

o Is written correctly both in numbers and words;
o Specifies the currency used; and
o Corresponds to the budget / price list attached to the Agreement, if any.

□ Contract Price is to be paid:

a) By bank transfer into the bank account of the other party, as indicated in the Agreement, and
not to the bank account of a representative of the other party or another individual.
b) By cheque to the other party, as the bank transfer is not possible. Cheque will be addressed
to the other party, and not a representative of the other party or another individual.
c) By cash to the other party, as payment by cheque or bank transfer is not possible. Payment
by cash has been exceptionally authorized by ACO and TSY in writing for this specific
Agreement. (Please attach relevant email from ACO and TSY to your checklist code request.)

o Specify a), b) or c) : ___________

□ Specify:
a) Minimum 10% of the total contract price are retained until completion and acceptance of all
deliverables and/or services;
b) This is a Long Term Agreement with regular (monthly / bimonthly / …) instalments for
Services which have been completed to the satisfaction of IOM

o Specify a) and/or b): ___________

□ No Agreement shall be backdated. The signature date shall always be the actual date of signature.

□ Specify:
34
 a) There is no advance payment.
b) The advance payment is not higher than USD 10,000;
c) The advance payment is higher than USD 10,000, but approval has been granted by ACO for
this specific Agreement and is attached to the checklist code request;
d) The advance payment is higher than USD 10,000, but a bank guarantee in the amount of the
advance has been provided by the Service Provider and is attached to the checklist code
request; or
e) This Agreement is made in the context of L3 emergency project and thresholds of IN/168
Rev.2, section 8.0 have been adhered to. If the advance payment is above USD 10,000, but
below USD 150,000 MEC approval has been obtained and attached to this request. If the
advance payment is above USD 150,000 approval by Directors of DOE, DRM and MAC have
been obtained and attached to this request.

o Specify a), b), c) d) or e) : ___________

□ The Agreement(s) is/are concluded in one of the following languages:

o a) English, b) French, c) Spanish or d) bilingually (both language versions have identical
content with at least one language being an official IOM language – in this case mandatory
addition that official language prevails in case of discrepancy has been inserted)

o Specify a), b), c) or d) : ___________

□ Specify:
a) The currency used in defining the contract price(s) is the same currency as the one in which
payment shall be made; or
b) The currency used in the provision(s) defining the contract price is different from the
currency to be paid to the other party, but the UN exchange rate at the date of payment is
agreed

o Specify a) or b): ___________

□ There are no additional clauses which have not been approved by LEG specifically for the
Agreement(s)/Amendment(s).

□ All Annexes referred to in the Agreement(s)/Amendment(s), if any, are attached to the

Agreement/Amendment and do not create additional obligations other than those contained in the
Agreement itself.

□ All Annexes are provided either in English, French or Spanish. In case Annexes in another language are
attached, translations in one of the official languages are attached, contain a statement that they
prevail in case of discrepancy over the version of the Annex in a non-official language and will be
signed by the Service Provider.

□ Please specify:

a) Donor requirements have been added to Article 20 and they are not in violation of other
terms of this Agreement (if unsure, please contact LEGContracts@iom.int).
b) There are no specific Donor requirements for this Agreement, Article 20 has been deleted
and subsequent enumeration has been corrected.

Specify a) or b): ___________

□ “I certify that all the requirements above are met. With my signature I
35
 demonstrate that I have read, fully understood and agreed to all terms of the
Agreement and thereby take personal responsibility for its contents.”

□ “I understand that the agreement(s) should be referred to LEG for approval if

any of the boxes above are not ticked or if I have not fully read, understood
and agreed to the terms of the Agreement.”

□ “I understand that I am signing this checklist for ___ (add number)

Agreement(s)/Amendment(s) which have all been specified in the list below
and all agreements comply with all requirements above.”

Signature__________________________________________

Name/title in block letters_____________________________

□ Director/CoM/HoO
□ OiC

Name of Mission/Office/Department:____________________

Date_____________________________________________

NOTES TO MISSION:
(1) If an Officer in Charge (“OiC”) signs for the Director/Chief of Mission
(“CoM”)/Head of Office (“HoO”), please attach the authorization for the OiC
to sign on the Director’s/CoM’s/HoO’s behalf to the checklist code request.

(2) The authorized person signing the checklist has to be the same person who
is signing the Agreement(s)/Amendment(s). The only exception applies in
case the OiC has signed the checklist and between the signing of the
checklist and the signing of the Agreement(s)/Amendment(s), the
Director/CoM/HoO returns to duty.

(3) Signing of this checklist for multiple Agreement(s)/Amendment(s) can only

be considered for Agreements that are specified, finalized and should be
signed within a week.

List of Agreements to which this checklist applies (all drafts have been attached to the
request email and all agreements are scheduled to be signed within a week):
No. NAME OF THE TYPE OF SERVICE EXPECTED CONTRACT PRICE
OTHER PARTY SIGNING
DATE

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37