Common use of – Procedure for Awarding Assignments Clause in Contracts

– Procedure for Awarding Assignments. 4.1 As a User determines a need for Services, it will conduct the following award procedure: (i) The User will send in writing an Assignment Terms of Reference to the Service Provider including at a minimum: a. the scope of Services required; b. the Closing Date; c. the pricing mechanism for the Assignment (lump-sum, or time and materials); and d. the information required in the Proposal, which may include • delivery approach and schedule; or • list of proposed team and, if different from those submitted in the Tender, their CVs; or • Total man/days; or • whether the Service Provider is in a situation of conflicting interests that may negatively affect the performance of the Assignment; or • Total price for the Assignment. (ii) Any clarifications requested by the Service Provider in relation to an Assignment Terms of Reference shall be submitted in writing to the User by the deadline date indicated in the Assignment Terms of Reference; (iii) Proposals shall be in conformance with the fixed terms contained in the Tender such as prices and CVs, as may be amended in accordance with this Agreement; (iv) The Service Provider shall submit its Proposals to the User in writing; (v) The User shall not be responsible for any costs incurred by the Service Provider in the preparation of a Proposal or any required site visit. (vi) If the Proposal does not meet the objectives of the Assignment or is otherwise unacceptable to the User, the Service Provider may be requested to submit a new or revised Proposal. 4.2 In the event of failure to award the Assignment, the User may redefine the Assignment or restart the procedure at a later stage. 4.3 The Contract will comprise the Agreement, the Contract provisions, the Assignment Terms of Reference and the Proposal. In the event of any inconsistency, the following order of priority shall apply: (1) the Contract provisions, (2) this Agreement, (3) the Assignment Terms of Reference and (4) the Proposal. 4.4 Unless otherwise instructed by the User, within 5 (five) working days of receiving from the User the execution copies of the Contract, the Service Provider shall return the two originals, duly signed and dated. 4.5 In the case of Contracts formalised as an Appointment Letter, the Service Provider shall acknowledge the appointment by e-mail within 2 (two) working days of receiving from the User the signed Appointment Letter. The Parties agree that the Contract shall become effective as of the date of acknowledgement by the Service Provider. 4.6 If awarded the Assignment, the Service Provider shall at all times perform the Assignment with all reasonable care and skill and shall conform in all respects with the terms and conditions of this Agreement and of the Contract. 4.7 The Assignment will be carried out by the Service Provider acting jointly with and under the supervision of experienced staff of the User. 4.8 The Service Provider shall ensure that all persons appointed to the performance of a Contract have all equipment, materials and other things whatsoever required for the provision of the Services. Any equipment or materials made available by the User during a Contract shall be without prejudice to the Service Provider’s obligations under this Article and do not imply any obligation whatsoever on the part of the User. The Service Provider shall in particular not be entitled to invoke any vested / acquired rights from past provision of equipment or materials by the Bank. 4.9 The performance of the Service Provider and its staff will be monitored by the User throughout the Assignment. All deliverables under a Contract are subject to the User’s review and approval. The Service Provider must review all deliverables prior to delivery to the User for approval to ensure that they are complete, accurate and up-to-date. 4.10 If so instructed by the User in writing, an Assignment Completion Report shall be submitted to the User by the Service Provider upon completion of the Assignment. 4.11 Where performance of a Contract has not commenced within 10 (ten) days of the scheduled start date, the User may consider this event a material breach of the purposes of point (a) of Article 18.3 of Appendix C.

Appears in 1 contract

Samples: Framework Agreement

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– Procedure for Awarding Assignments. 4.1 As a User the Bank determines a need for Services, it will conduct the following award procedure: (i) The User Bank will send in writing an Assignment Terms of Reference to the Service Provider including at a minimum: a. the scope of Services required; b. the Closing Date; c. the pricing mechanism for the Assignment; d. whether key performance indicators will apply to the performance of the Assignment (lump-sum, or time and materials)the relevant mechanism in accordance with Appendix A; and d. e. the information required in the Proposal, which may include • delivery approach and schedule; or • list of proposed team and, if different from those submitted in the Tender, their CVs; or • Total man/days; or • whether the Service Provider is in a situation of conflicting interests that may negatively affect the performance of the Assignment; or • Total price for the AssignmentAssignment (including Monthly Management Fee, Monthly Associated Services Fee and total estimated volume for the Transaction Fees part). (ii) Any clarifications requested by the Service Provider in relation to an Assignment Terms of Reference shall be submitted in writing to the User Bank by the deadline date indicated in the Assignment Terms of Reference; (iii) Proposals shall be in conformance conformity with the fixed terms contained in the Tender such as prices prices/rates and CVs., as may be amended in accordance with this Agreement; (iv) The Service Provider shall submit its Proposals to the User Bank in writing; (v) The User Bank shall not be responsible for any costs incurred by the Service Provider in the preparation of a Proposal or any required site visit. (vi) If the Proposal does not meet the objectives of the Assignment or is otherwise unacceptable to the UserBank, the Service Provider may be requested to submit a new or revised Proposal. 4.2 In the event of failure to award the Assignment, the User Bank may redefine the Assignment or restart the procedure at a later stage. 4.3 The Contract will comprise the Agreement, the Contract provisions, the Assignment Terms of Reference and the Proposal. In the event of any inconsistency, the following order of priority shall apply: (1) the Contract provisions, (2) this Agreement, (3) the Assignment Terms of Reference and (4) the Proposal. 4.4 Unless otherwise instructed by the UserBank, within 5 (five) working days of receiving from the User Bank the execution copies of the Contract, the Service Provider shall return the two originals, duly signed and dated. 4.5 In the case of Contracts formalised as an Appointment Letter, the Service Provider shall acknowledge the appointment by e-mail within 2 (two) working days of receiving from the User Bank the signed Appointment Letter. The Parties agree that the Contract shall become effective as of the date of acknowledgement by the Service Provider. 4.6 If awarded the Assignment, the Service Provider shall at all times perform the Assignment with all reasonable care and skill and shall conform in all respects with the terms and conditions of this Agreement and of the Contract. 4.7 The Assignment will be carried out by the Service Provider acting jointly with and under the supervision of experienced staff of the UserBank. 4.8 The Service Provider shall ensure that all persons appointed to the performance of a Contract have all equipment, materials and other things whatsoever required for the provision of the Services. Any equipment or materials made available by the User Bank during a Contract shall be without prejudice to the Service Provider’s obligations under this Article and do not imply any obligation whatsoever on the part of the UserBank. The Service Provider shall in particular not be entitled to invoke any vested / acquired rights from past provision of equipment or materials by the Bank. 4.9 The performance of the Service Provider and its staff will be monitored by the User throughout the Assignment. All deliverables under a Contract are subject to the UserBank’s review and approval. The Service Provider must review all deliverables prior to delivery to the User Bank for approval to ensure that they are complete, accurate and up-to-date. 4.10 If so instructed by the User Bank in writing, an Assignment Completion Report shall be submitted to the User Bank by the Service Provider upon completion of the Assignment. 4.11 Where performance of a Contract has not commenced within 10 (ten) days of the scheduled start date, the User Bank may consider this event a material breach of the purposes of point (a) of Article 18.3 of Appendix C.

Appears in 1 contract

Samples: Framework Agreement

– Procedure for Awarding Assignments. 4.1 As a User the Bank determines a need for Services, it will conduct the following award procedure: (i) The User Bank will send in writing to all Framework Members an Assignment Terms of Reference to the Service Provider including at a minimum: a. (a) the scope of Services required; b. (b) the award criteria and weightings; (c) the Closing Date; c. (d) the pricing mechanism for the Assignment (lump-sum, or time and materials); (e) the Contract form to be used; and d. (f) the information required in the Proposal, which may include  An overview of the services to be provided;  A detailed description of the delivery approach to be adopted;  A list of the proposed staff and scheduletheir profiles;  Total price for the Assignment (which may be an all-inclusive lump sum or time- based, as requested in the Assignment Terms of Reference);  list of proposed team and, if different from those submitted in the Tender, and their CVs; or Total man/days; or • whether the Service Provider is in a situation of conflicting interests that may negatively affect the performance of the Assignment; or • Total price for the Assignment. (ii) Any clarifications requested by the Service Provider a Framework Member in relation to an Assignment Terms of Reference shall be submitted in writing to the User Bank by the deadline date indicated in the Assignment Terms of Reference. Responses will be issued by the Bank in writing to all Framework Members; (iii) Proposals shall be in conformance with the fixed terms contained in the Tender such as prices and CVsprices/rates, CVs etc., as may be amended in accordance with this Agreement; (iv) The Service Provider Framework Members shall submit its their Proposals to the User Bank in writing; (v) The User Bank shall award each Assignment in accordance with the award criteria and weightings set out in the Assignment Terms of Reference. The award criteria shall at all times be the most economically advantageous Proposal in terms of: (a) Total Price (20-40%); and (b) Technical Merit (60-80%), comprising one or more of the following criteria: i. Quality of the proposed resources (30-80%); ii. Proposed team for the delivery of the Services (30-80%); and iii. Methodology for service delivery and technical resources (30-80%). (vi) The Bank shall not be responsible for any costs incurred by the Service Provider Framework Members in the preparation of a Proposal or any required site visit. (vi) If 4.2 The award process will terminate either with the Proposal does not meet the objectives award of the Assignment to one of the Framework Members, or is otherwise unacceptable with the failure to award the User, the Service Provider may be requested Assignment to submit a new or revised Proposal. 4.2 any Framework Member. In the event of failure to award the Assignment, the User Bank may redefine the Assignment or restart the procedure at a later stage. 4.3 All Framework Members that have submitted a Proposal for an Assignment will be notified in writing of the results of that award procedure. 4.4 The Contract will comprise the Agreement, the Contract provisions, the Assignment Terms of Reference and the Proposal. In the event of any inconsistency, the following order of priority shall apply: (1) the Contract provisions, (2) this Agreement, (3) the Assignment Terms of Reference and (4) the Proposal. 4.4 4.5 Unless otherwise instructed by the UserBank, within 5 (five) working days of receiving from the User Bank the execution copies of the Contract, the Service Provider selected Framework Member shall return the two originals, duly signed and dated. 4.5 In the case of Contracts formalised as an Appointment Letter, the Service Provider shall acknowledge the appointment by e-mail within 2 (two) working days of receiving from the User the signed Appointment Letter. The Parties agree that the Contract shall become effective as of the date of acknowledgement by the Service Provider. 4.6 If awarded the Assignment, the Service Provider shall at all times perform the Assignment with all reasonable care and skill and shall conform in all respects with the terms and conditions of this Agreement and of the Contract. 4.7 The Assignment will be carried out by the Service Provider acting jointly with and under the supervision of experienced staff of the UserBank. 4.8 The Service Provider shall ensure that all persons appointed to the performance of a Contract have all equipment, materials and other things whatsoever required for the provision of the Services. Any equipment or materials made available by the User during a Contract shall be without prejudice to the Service Provider’s obligations under this Article and do not imply any obligation whatsoever on the part of the User. The Service Provider shall in particular not be entitled to invoke any vested / acquired rights from past provision of equipment or materials by the Bank. 4.9 The performance of the Service Provider and its staff will be monitored by the User throughout the Assignment. All deliverables under a Contract are subject to the UserBank’s review and approval. The Service Provider must review all deliverables prior to delivery to the User Bank for approval to ensure that they are complete, accurate and up-to-date. 4.10 If so instructed by the User in writing, an Assignment Completion Report shall be submitted to the User by the Service Provider upon completion of the Assignment. 4.11 4.9 Where performance of a Contract has not commenced within 10 (ten) days of the scheduled start date, the User Bank may consider this event a material breach of the purposes of point (a) of Article 18.3 17 of Appendix C.B.

Appears in 1 contract

Samples: Framework Agreement

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– Procedure for Awarding Assignments. 4.1 As a User the Bank determines a need for Services, it will conduct the following award procedure: (i) The User Bank will send in writing an Assignment Terms of Reference to the Service Provider including at a minimum: a. the scope of Services required; b. the Closing Date; c. the pricing mechanism for the Assignment (lump-sum, or time and materials); and d. the information required in the Proposal, which may include include: the delivery approach and schedule; or the list of proposed team and, if different from those submitted in the Tender, and their CVs; or Total the total man/days; or • whether the Service Provider is in a situation of conflicting interests that may negatively affect the performance of the Assignment; or • Total the total price for the Assignment. (ii) Any clarifications requested by the Service Provider in relation to an Assignment Terms of Reference shall be submitted in writing to the User Bank by the deadline date indicated in the Assignment Terms of Reference; (iii) Proposals shall be in conformance with the fixed terms contained in the Tender such as prices prices/rates and CVs, as may be amended in accordance with this Agreement; (iv) The Service Provider shall submit its Proposals to the User Bank in writing; (v) The User Bank shall not be responsible for any costs incurred by the Service Provider in the preparation of a Proposal or any required site visit. (vi) If the Proposal does not meet the objectives of the Assignment or is otherwise unacceptable to the UserBank, the Service Provider may be requested to submit a new or revised Proposal. 4.2 In the event of failure to award the Assignment, the User Bank may redefine the Assignment or restart the procedure at a later stage. 4.3 The Contract will comprise the Agreement, the Contract provisions, the Assignment Terms of Reference and the Proposal. In the event of any inconsistency, the following order of priority shall apply: (1) the Contract provisions, (2) this Agreement, (3) the Assignment Terms of Reference and (4) the Proposal. 4.4 Unless otherwise instructed by the UserBank, within 5 (five) working days of receiving from the User Bank the execution copies of the Contract, the Service Provider shall return the two originals, duly signed and dated. 4.5 In the case of Contracts formalised as an Appointment Letter, the authorized representative(s) of the Service Provider shall acknowledge the appointment by e-mail within 2 (two) working days of receiving from the User Bank the signed Appointment Letter. The Parties agree that the Contract shall become effective as of the date of acknowledgement by the Service Provider. 4.6 If awarded the Assignment, the Service Provider shall at all times perform the Assignment with all reasonable care and skill and shall conform in all respects with the terms and conditions of this Agreement and of the Contract. 4.7 The Assignment will be carried out by the Service Provider acting jointly with and under the supervision of experienced staff of the UserBank. 4.8 The Service Provider shall ensure that all persons appointed to the performance of a Contract have all equipment, materials and other things whatsoever required for the provision of the Services. Any equipment or materials made available by the User Bank during a Contract shall be without prejudice to the Service Provider’s obligations under this Article and do not imply any obligation whatsoever on the part of the UserBank. The Service Provider shall in particular not be entitled to invoke any vested / acquired rights from past provision of equipment or materials by the Bank. 4.9 The performance of the Service Provider and its staff will be monitored by the User throughout the Assignment. All deliverables under a Contract are subject to the UserBank’s review and approval. The Service Provider must review all deliverables prior to delivery to the User Bank for approval to ensure that they are complete, accurate and up-to-date. 4.10 If so instructed by the User Bank in writing, an Assignment Completion Report shall be submitted to the User Bank by the Service Provider upon completion of the Assignment. In addition, if requested by the Bank, at the end of the Assignment, the Service Provider shall provide to the Bank its working papers documenting in detail the work done during the Assignment. These working papers shall become the property of the Bank. 4.11 Where performance of a Contract has not commenced within 10 (ten) days of the scheduled start date, the User Bank may consider this event a material breach of the purposes of point (a) of Article 18.3 of Appendix C.

Appears in 1 contract

Samples: Framework Agreement

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