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ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT
CALL FOR TENDERS 100001330
TALENT MANAGEMENT
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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: 2 500 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 2013, OECD countries agreed to invite Colombia and Latvia to open discussions for membership of the Organisation.
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
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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
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PART I: INSTRUCTIONS TO TENDERERS
1.1
Nature and Purpose of the Call for Tenders (CFT)
The OECD is requesting proposals to improve the selection and development tools and practices that integrate the OECD Competency Framework.
The CFT is divided into 4 lots :
Lot 1: Talent Recruitment Services
Lot 2: Development Assessment Centre
Lot 3: Coaching Services
Lot 4: E-Learning courses
Tenderers are invited to respond to all lots individually in French or English. Those tenderers responding to all lots will detail the added benefits and price reductions that the OECD will obtain in case of contracting them all with the same provider.
1.2
Conditions of the Call for Tenders
1.2.1 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 and its Annex 1 “Competency Profiles” and Annex 2 “Competency Framework”;
c) Part III: Minimum general conditions for OECD contracts.
1.2.2 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).
1.2.3 Duration of tender validity
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1.2.4 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 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 email to jerome.reverchon@oecd.org
By mail to: OCDE
EXD/PBF/CPG
A l’attention de M. Jérôme REVERCHON Call for Tenders ref. 100001330
2, rue André Pascal 75775 Paris Cedex 16
1.2.5 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.
1.2.6 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.
1.2.7 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.
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1.2.8 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 1.2.3 above (Duration of tender validity) will be subject to this new deadline.
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.
1.2.10 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
1.3.1 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° 100001330”, to:
OCDE
EXD/PBF/CPG
A l'attention de M. Jérôme REVERCHON 2, rue André Pascal
75775 PARIS CEDEX 16
The deadline for submission of tenders is 21 September 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.
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1.3.2 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;
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.
1.3.3 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.
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1.4
Interviews
The Organisation reserves the right to organise interviews and request the candidates to specify the content of their offers.
1.5
Selection Criteria
Criteria and weithing for tender appraisal are as follows for all four lots.
Quality and relevance of the proposed courses and answers to the technical specifications 70%
Pricing and Payment terms (Note: though a factor, overall value is more important that the lowest cost) 20%
Size and reputation of the Tenderer or each of the partner in case of a partnership 10%
1.6
Information to Tenders
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1.7
Annex Declaration
DECLARATION
Call for Tenders n° 100001330
As part of the offer in response to the OECD call for Tenders n° 100001330, 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
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PART II: TERMS OF REFERENCE PREAMBLE
The Organisation aims to become a source of evidence-based advice for all governments, international forums such as the G20 and a standard setter to address global challenges. It is progressively moving away from a ‘silo’ approach to policy analysis to one that is ‘horizontal’ and systematically delivers a ‘whole-of-government’ perspective which requires greater collaboration across Directorates.
The Organisation is broadening its scope of policy exchange and collaboration with emerging economies and developing countries and aims to enlarge its regional dimension with Africa, Latin America, Asia and South East Europe. The OECD continues to respond to new and expanded mandates, which is increasing the complexity of its work and requires the creation of new networks and the improvement of how policy analysis is developed and shared.
Finally, the OECD is to develop more effective and efficient structures and procedures to meet its business challenges and make it more flexible and adaptable for the future.
Human Capital
Human capital is the strategic resource of the Organisation. The majority of its staff members are recruited from its 34 Member Countries and come to the Organisation with diverse academic, professional and cultural backgrounds. In an increasingly complex environment, it is vital that the OECD continues to remain at the leading edge of management practices and strengthen its efforts to recruit, maintain and equip highly-talented staff to deliver the Organisation’s mission and duties.
Launched in 2012, the OECD Competency Framework serves as a foundation for ensuring efficiency and effectiveness in the selection and development of staff to adapt to the Organisation’s changing needs. The OECD Competency Framework articulates a set of common competency requirements at different job levels in a manner that reflects the required managerial capacity and staff autonomy. It also serves as the foundation of talent management at the OECD and is an integral part of recruitment selection, performance evaluation, learning and career development.
Context
To further strengthen OECD talent management, EXD/HRM seeks to improve selection and development tools and practices that integrate the OECD Competency Framework to:
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1. Assess OECD core competencies for selection of candidates for recruitment;
2. Provide specialist support and flexible learning tools and methods for development assessment, coaching and e-learning modules.
This Call for Tender is divided into four Lots:
Lot 1: Recruitment Assessment Services to assess OECD core competency requirements and
predict successful performance.
Lot 2: Development Assessment Centre to support OECD staff to assess and value their
competencies with a view to career development.
Lot 3: Coaching Services to assist key OECD staff at critical moments in their career.
Lot 4: E-Learning courses (custom built and/or off-the-shelf) to provide, on-demand, more
flexible and accessible learning through development of OECD-specific e-learning modules and a selection of 'off-the-shelf' e-learning courses.
Tenderers can respond by submitting proposals to one or multiple Lots. Tenderers are requested to submit only the information asked for in the “Request for Proposal” sections.
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Lot 1: Recruitment Assessment Services Objective
To better select, develop and retain OECD talent, EXD/HRM seeks to apply Recruitment Assessment Services to support selection decisions. These services should assist in ensuring a better match of candidates to organisational requirements and reflect the OECD Competency Framework. In this regard, the OECD is looking to partner with one or more companies to conduct Recruitment Assessment Services to:
Evaluate candidates’ readiness to assume responsibilities relative to jobs at Executive Leadership level (level 5) and at Middle Management level (level 4);
Provide a base-line for newcomers in managerial roles with development needs;
Apply partially/totally customised tools that would match the OECD context and criteria for recruitment.
1. Requirements and Scope of Service
1.1.Competency model: use of the OECD Core Competency Framework and competency profiles.
1.2.Objective metrics: conduct an assessment that measures and describes preferences and behaviours (motivation factors, relational attitude, reactions to time-sensitive issues, value of pursuing non-traditional solutions, etc.) to predict potential performance in relation to a specific group or work context.
1.3.Certified assessment experts: Consultants and assessors should be fully trained and certified in assessment practice and should have solid experience in this domain in an international context.
1.4.Language: All services must be provided in English and/or French.
1.5.Confirmed credibility and wide selection of assessment method and tools: All tools should be fully certified for their purpose and comprise a broad selection such as in-tray and planning exercises, case studies and analysis, role plays, psychometric tests, personality/motivation questionnaires etc. The tools must be tested and certified as non-discriminatory and take into consideration cultural and gender biases.
2. Definition of Assessment Methods and Tools
Together with the OECD Project team:
2.1.Assessment framework: Define a systemic and optimal approach to apply Recruitment Assessment Services that is required during the selection process for short listed candidates. The results will be communicated to the hiring manager, HR representative, selection panel and candidates.
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2.2.Assessment methods and tools: Select the appropriate methods and tools to match assessment objectives.
2.3.Integrate OECD core competencies: Adapt the tools to reflect the core competencies as defined in the OECD Competency Framework and required at job levels 4 and 5. (See attached OECD Competency Framework and competency profiles in the Annexes).
3. Roll out of Recruitment Assessment Services
The Tenderer is responsible for the roll out of Recruitment Assessment Services.
3.1.Location: Services may be required to be conducted by the Tenderer outside the OECD premises, in Paris or in other major cities of the OECD member countries.
3.2.On-line assessment: Option to provide on-line assessment accessible from a remote location would be a strong advantage.
3.3.Administration of assessment: The Tenderer will be responsible for the organisation, administration, scheduling and communication with the participants.
3.4.Reports and feedback: Provide, in English 1) clear structured written individual reports that reflect OECD competency development areas; 2) oral feedback on assessment outcome to the hiring manager, HR representative and selection panel; 3) oral feedback to the participant on the development opportunities identified in the assessment; 4) option to provide a development action plan session for shortlisted not appointed candidates; and 5) a consolidated view of assessments carried out for the OECD to be provided on an annual basis.
Request for Proposal
The Tenderer is to provide the following elements:
A project proposal that outlines the approach, implementation, estimated timeline and costs for the development and application of:
Recruitment Assessment at Executive Leadership level (about 15-20 panels a year with approximately 3 shortlisted candidates per panel and possibly additional internal candidates). An example of the roll out of an assessment for the recruitment of a candidate should be included, based on the competency profiles outlined in Annex 1; the process, methodology and tools to be used and estimated cost per candidate should be indicated.
Recruitment Assessment at the Middle Management level (about 40-50 panels a year with approximately 3 shortlisted candidates per panel). An example of the roll out of an
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assessment for the recruitment of a candidate should be included, based on the profiles outlined in Annex 1; the process, methodology and tools to be used and estimated cost per candidate should be indicated.
A full version with multiple assessment tools’ results combined in a summary report, as well as a light version with automatic reports accessible to hiring managers and EXD/HRM representatives.
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Lot 2: Development Assessment Centre Objective
To better select, develop and retain OECD talent, EXD/HRM seeks to introduce Development Assessment Centres to assess and identify potential competency development learning needs that reflect the OECD Competency Framework for staff wishing and/or showing potential for management responsibilities.
1. Requirements and Scope of Service
1.1. Competency model: Use of the OECD Competency Framework to raise awareness of standard requirements.
1.2. Objectives metrics: Conduct an assessment that measures and describes career progression metrics and readiness for success (such as aspirations, learning styles and ability to manage/lead under pressure or face uncertainty etc.).
1.3. Certified assessment experts: Consultants and assessors should be fully trained and certified in assessment practice and have solid experience.
1.4. Language: All services will be provided in either English and/or French.
1.5. Confirmed credibility and wide selection of assessment method and tools: All tools are fully validated and include a broad selection of assessment tools such as: in-tray and planning exercises, case analysis, role play, psychometric tests, personality/motivation questionnaires, etc. The tools must be tested and certified as non-discriminatory and take into consideration cultural and gender biases.
2. Definition of Assessment Methods and Tools
Together with the OECD Project team:
2.1. Assessment framework: Define a systematic and optimal approach to apply Development Assessment Centres at OECD.
2.2. Assessment methods and tools: Select the appropriate methods and tools to match assessment objectives.
2.3. Integrate OECD core competencies: Adapt the tools to reflect the core competencies as defined in the OECD Competency Framework and required at each job level. (See attached OECD Competency Framework and competency profiles in the Annexes).
3. Roll out of Development Assessment Centres
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3.1. Location: The Development Assessment Centres may have to be conducted by the Tenderer outside the OECD premises in Paris.
3.2. Administration of assessment: The Tender will be responsible for the organisation, administration, scheduling and communication with the participants.
3.3. Reports and feedback: Provide, in English, 1) clear structured written individual reports that reflect the OECD competency development areas; 2) oral feedback to the manager and HR representative to communicate the assessment outcome; 3) oral feedback to the participant on the development opportunities identified in the assessment; 4) option to provide a group report and/or benchmark for OECD would be a strong advantage.
Request for Proposal
The Tenderer is to provide the following elements:
A project proposal that outlines the approach, implementation, estimated timeline and costs for the design of a Development Assessment Centre and the definition of methods and tools that reflect the OECD Competency Framework for:
Staff primarily at levels 3 and 4 to assess their competencies with a view to career development and guide progression in relation to OECD standard requirements and opportunities. Approximately 20 a year.
Should be included in the proposal:
An example of the application of a Development Assessment Centre both for individuals and groups
The choice of assessment methodology
How the tool could be adapted to the OECD Competency Framework
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Lot 3: Coaching Services Objective
Coaching is one of the development tools applied to raise self-awareness and to develop managerial and leadership skills to strengthen performance of participants. Since 2012, this service is provided to individuals after assessment and within a development plan to support transition into management and/or leadership roles. On an ad-hoc basis individual and/or team coaching is proposed to leaders facing management challenges in relation to business reengineering or ineffective team dynamics. Coaching is used as a flexible tool that complements other leadership development tools such as executive seminars, 360° Assessment or other conferences or networks. EXD/HRM thus seeks to further develop for current target audiences a reference list of certified and experienced coaches, in a variety of areas such as leadership skills, building effective teams, leading change, assertive communication and public speaking, career transition, stress management and applying emotional intelligence.
Also the OECD is considering ways to use coaching to pilot a peer-learning experience with the aim to support greater horizontal linkages and networks across areas of expertise and promote career development for targeted audiences such as female talent, experts and end-careers.
1. Requirements
1.1.Certified / accredited coaches: All coaches should be certified by a recognized institution and can be members of an accredited coaching body/association.
1.2.Language: Coaches should be fluent in at least one of the OECD working languages: English and French.
1.3.Communication and psychometric tools: Coaches are trained or have practical knowledge in one or more tools such as: NLP, Process Com, Transactional Analysis, Non-Violent Communication and Neuroscience, Systemic approach, Positive psychology. 1.4.Code of ethics and confidentiality: Coaching contracts must be delivered in clearly
articulated code of ethics and confidentiality.
1.5.Four way meeting and contract for coaching: Contracts undertaken will be signed by the Company (coach), participant and OECD manager or OECD HR representative, with objectives agreed by both the participant and manager. An initial introductory and exploratory meeting will be held prior to commencing the coaching contract. An initial contract will last no longer than 6-9 months with a minimum of 6-8 sessions.
1.6.Feedback and reporting: A report on progress made in objective achievement will be sent to the manager and HR representative at mid-term and end of coaching contract.
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2. Scope of Service
2.1.Individual coaching: Targeted to OECD staff at Executive Leadership level or Middle Management Level either newly appointed and/or facing specific management challenges. The number of individual coaching contracts per year is approximately 20-25. 2.2.Peer or group coaching: Targeted to OECD staff members from different functions, at various levels. The number of participants per year would be approximately 15-20 in one or two groups.
Request for Proposal
The Tenderer is to provide the following elements:
A comprehensive list of coach profiles and areas of expertise
An outline of the coaching methodology, approach and process (from initial contact to completion)
Contractual conditions: fees, payment schedules and conditions for 1 hour, 12 hour package, 20 hour package.
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Lot 4: E-Learning courses (development and/or supply)
Objective
The concept of e-learning is relatively new to the Organisation's internal training service, with a number of modules recently designed for OECD specific needs (e.g. OECD Code of Conduct, OECD Competency Framework) viewed by staff on their PC via the Cornerstone On-Demand Learning Platform. Training is currently primarily provided through classroom instruction or online reference material (videos, tutorials). However, e-learning aims to increase organisational efficiency through a flexible on-demand learning method. The OECD is thus looking to partner with one or more companies:
To gradually introduce modules in current programmes either as stand-alone instruction or incorporate pre-work and/ or refresher
To develop a reference for off the shelf and/or customised modules to disseminate institutional knowledge, train staff and provide practical tools in a number of areas such as diversity and performance, interviewing skills, performance goal setting, assertive communication.
1. Requirements and Scope of Service
1.1.Design: instructional, look 'n' feel, navigation
Attractive, modern and user-friendly
Motivates learning, is interactive and diverse in pedagogical learning styles
Provides bite-size key concepts to bring about immediate relevance to the learner
Courses are broken down into modules
Can be used as reference material
Integrates assessment of knowledge
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1.2.Technical integration accessibility
Is compatible to Cornerstone On-Demand Learning Management Platform
SCORM compliant;
Provides option to host videos used in E-learning on OECD servers. 1.3. Language
Available in both English and French.
2. Instruction on Content Update
Provide the necessary instruction to update contents of the modules developed.
3. Project Management and Implementation
The project is to be managed by a designated account manager and processed in close co-ordination with OECD counterparts. Process and approval phases are to be clearly structured to ensure the e-learning modules meet OECD requirements in terms of:
Design, technical application;
User interface/ look 'n' feel;
Content, storyboard and script;
Enabling video making on OECD premises with actors or staff;
Timelines.
4. Off-the-shelf e-Learning modules
Provide:
A catalogue of courses in personal effectiveness, communication, management know-how such as in performance management, interview skills, career conversations or diversity awareness;
Corresponding price lists and conditions of purchase for a target audience of 100 to 3000 per year;
Specify if courses can be adapted to OECD look 'n' feel.
5. Requests for Proposal
The Tenderers can respond to either one or both requests outlined below:
Development of e-learning module
Provide detailed cost estimates for the development of 2 modules approximately 30 min long on:
a. Systems application b. Interviewing skills.
Costs to indicate: Instructional design/graphics production; Programming/Authoring service; Testing/Checking; Project management; Video making; Audio narration in English/French; Translation in French or English; travelling costs (if applicable).
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talent management initiative such as diversity awareness workshops.
Request for Proposal: "Off-the-shelf" e-learning modules
Provide a catalogue of courses in general management, personal effectiveness and administration with course outlines.
Provide an indicative outline of costs and conditions for the courses for a varied number of target audiences: 100, 500, 1500, 2500 and 3000 users.
Provide details on integration with Cornerstone OnDemand Learning Platform and available functionality.
For selection purposes provide course outline and trial connection for the following courses:
a. Interviewing skills
b. Performance goals setting c. Assertive communication d. Mentoring
e. Diversity and Performance
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ANNEX 1: COMPETENCY PROFILES DIRECTOR/ DEPUTY DIRECTOR
ORGANISATIONAL ALIGNMENT FLEXIBLE THINKING
DEVELOPING TALENT INFLUENCING
TEAMWORK AND TEAM LEADERSHIP
HEAD OF DIVISION (MANAGER OF MANAGER)
MANAGING RESOURCES FLEXIBLE THINKING DEVELOPING TALENT DIPLOMATIC SENSITIVITY
TEAMWORK AND TEAM LEADERSHIP
MANAGER
ACHIEVMENT FOCUS MANAGING RESOURCES
ORGANISATIONAL ALIGNMENT
TEAMWORK AND TEAM LEADERSHIP
EXPERT DEVELOPING TALENT FLEXIBLE THINKING INFLUENCING ORGANISATIONAL ALIGNMENT
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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.
ARTICLE 3 - PAYMENTS AND TAXES
Payment will be made in Euros.
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
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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.
ARTICLE 9 - REPRESENTATIVES
Neither the Contractor nor any of its Personnel:
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.
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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.
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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.
