REQUEST FOR QUOTATION

RFQ SUV 19/019

DATE: 2nd August, 2019

To Whom It May Concern

Subject: Installation of Rainwater Harvesting System and Fences in Yap Proper, Federated States of Micronesia

The European Union (EU) – North Pacific – Readiness for El Niño (RENI) Project would like to invite interested contractors to submit a quotation for the installation of Rainwater Harvesting Systems

and Fences in Yap Proper, Federated States of Micronesia.

All interested contractors are to submit quotations using the Technical Quotation Submission Form (Form A) which is attached as Annex V and the Financial Quotation Proposal Form, Annex

VI. The forms should be emailed to RENI@spc.int by 4pm 19th August 2019. SPC reserves the right

to accept or reject any quotations without thereby incurring any liability to the contractor submitting the quotation. All prices quoted shall be in Euros and should be inclusive of all cost and statutory obligations (CIF).

The validity of quotation shall be for 120 days from the deadline for submission. There shall be no change to the quotation after it has been approved.

Any requests for clarification or all additional information (Attachment 1,2,3,4 and 5 refer to

Annex IV) shall be directed to RENI@spc.int.

This letter shall not be construed in any way as an offer to contract or obligation for SPC to procure

from your organisation.

ANNEX I

A. INTRODUCTION & BACKGROUND

Installation of Rainwater Harvesting Systems and Fences in Yap Proper, FSM

PART A: BACKGROUND

1. GENERAL OVERVIEW

1.1. Context

The European Union (EU) – North Pacific – Readiness for El Niño (RENI) regional project, implemented by SPC, is about communities working to secure food and water resources ahead of drought. The three-year (2017 - 2020) project is funded with €4.5 million from the EU and implemented in collaboration with the governments and peoples of the Federated States of Micronesia (FSM), Marshall Islands (RMI) and Palau. The specific objective of the RENI project is to strengthen the implementation of a sustainable, multi sectoral, multi stakeholder approach to readiness for future El Niño events.

In FSM, the National Government has determined that the RENI project would focus on water security, mainly in Yap State and with additional activities in Kapingamarangi, a remote atoll near the equator, in Pohnpei State. Limited by the short timeframe available to deliver the RENI project, Yap State Government decided to focus on refurbishing abandoned community water systems in Yap Proper. These water systems would then provide “point water sources” for the public during drought. In addition, community rainwater catchment systems will be refurbished and expanded in Kapingamarangi. The project will directly benefit 2,916 persons living in the focus communities in Yap Proper and will also provide benefit to the entire population of Yap Proper, 7,371 persons. The entire population of Kapingamarangi, 500 persons, will also be direct beneficiaries.

In Yap State the 2010 state-wide population was 11,377 with 7,371 residing in Yap Proper. The

state has a total land area of 102 km2. Yap is fairly developed yet maintains its traditional cultural

norms and practices and has a generally good quality of life. Pohnpei State, population 36,196

(2010), includes several sparsely populated outer islands, one of which is Kapingamarangi, a

remote atoll located near the equator and with a population of 500.

Map 1: Yap Proper, FSM

The project will involve the state government, national government agencies, non-government organisations, communities and wherever possible the private sector too. The

project is about enhancing the resilience of people and communities, and in this respect a participatory and community-led approach is adopted throughout the design and implementation with a particular emphasis on applying a gender-sensitive/rights-based approach.

The Project team after consultation with the local communities and other relevant

stakeholders, was able to identify 4 of the community buildings in Yap Proper

that are most suitable for rainwater harvesting:

a) Community House at Kaday Village, Weloy Municipality

b) Gagil Elementary School, Gachpar Village, Gagil Municipality

c) Community House at Balabat Village, Rull Municipality

d) Tamil Elementary School,Tamil Municipality

ANNEX II

B. SCOPE OF WORKS C. SCHEDULE OF RATES AND PRICES

D. CONDITIONS OF CONTRACT

Installation of Rainwater Harvesting Systems and Fences in Yap Proper

B: SCOPE OF WORKS

The work encompassed by these Contract Drawings and Specifications shall be as described in the description of work below. The Contractor shall perform the work in conformance with the Contract Drawings and Specifications and do all related work necessary to complete the project. The Contractor shall furnish all the necessary tools, equipment, labour, materials, and other services required to perform and complete, in a professional and workmanlike manner, the work of constructing the project herein specified. All materials for this works shall be supplied by SPC. 1.1 Description of work The work to be performed shall consist of furnishing all necessary labour, tools, equipment and services in connection with and reasonably incidental to the construction of the proposed works in the Four following Sites;

a) Weloy Community Building at Kaday Village, Weloy Municipality

b) Gagil Elementary School, Gachpar Village, Gagil Municipality c) Balabat Community Hall, Balabat Village, Rull Municipality

d) Tamil Elementary School, Tamil Municipality

The work shall be performed in strict accordance with the specifications and the construction drawings attached hereto. All works to be completed as part of the project will be awarded under one contract only, and all works are to be completed and handed over by 31st of January 2020. The proposed work under this Bid Package consists in general of constructing concrete bases for the plastic water tanks, Fence for the tanks and installation of gutters, downpipes & transmission pipes, plastic tanks and its accessories as shown on the project drawings.

C: SCHEDULE OF RATES AND PRICES

1.1 Basis of Tender The tenderer shall provide details of its Tender Price by completing the Schedule of Rates below. The Tender Price shall be the tenderer’s comprehensive offer of the Contract Price, in consideration of the tenderer meeting all obligations, conditions and liabilities under the Contract Agreement and other documents referenced therein, inclusive of the cost of supplying all labour, materials, plant, equipment and supervision required to carry out the Contract Works, overheads and profit, subject only to such measurement, evaluation and adjustment as is provided for in the Contract. 1.2 Basis of Schedules Descriptions of various items contained in the Schedule of Rates are not intended to be a complete definition for the scope of the Contract Works, for which reference shall be made to the Specification,

Drawings, Basis of Tender and other Contract documents. The item descriptions in the Schedule of Rates shall be used only for the purposes of calculating progress payments and valuing Variations. Abbreviations used in the Schedule of Rates are as per the following table;

1.3 Units and Pricing When the price for an item is left blank, the figure 0 (zero) shall be inferred and the cost of the item shall be deemed to be covered elsewhere in the Schedule of Rates. 1.4 Currency of Payment All prices shall be in Euro (EUR) and be inclusive of all taxes. 1.5 Schedule of Rates

The Bid Schedule tabulated below is the total for all installation works required. The individual Bill of Quantities for all the materials to be supplied by SPC is in Attachment 5, Annex IV: List of All Materials

D. CONDITIONS OF CONTRACT

1.1 PARTICULAR CONDITIONS

The General Conditions of Contract are the SPC Conditions of Contract for Works, refer Annex VII.

1.11 Priority of Documents/Formal Instruments of Documents

The documents forming the Contract are to be taken as mutually explanatory of on another.

For the purpose of interpretation, the priority of the documents shall be in accordance with the

following sequence:

(a) The Contract Agreement(if any)

(b) The letter of Acceptance

(c) The letter of Tender

(d) The Particular Conditions

(e) These General conditions

(f) The Specification

(g) The Drawings, and

(h) The Schedules and any other documents forming part of Contract.

If an ambiguity or discrepancy is found in the documents, the Construction Supervisor

shall issue any necessary clarification or instruction.

1.12 Liquidated Damages

The contract should be within the period specified and agreed to in the project or a penalty fee of Euro 500/day will be incurred on a daily basis for the delays. The penalty shall not apply for delay causes by Force Majeure as specified in article 66 of General Conditions. After 30 days of delay, SPC reserves the right to cancel the contract.

1.13 Materials for the Works

All the materials for the works will be supplied by RENI Project, SPC.

1.14 Time for Commencement & Practical Completion

The total project duration, from signing of the contract to completion of the works as per scope of works, is expected to be 3 months. All works have to be completed by 31st January 2020, after the three months period, the

penalties will accrue as mentioned in clause 1.12 above of Particular Conditions.

ANNEX III

E. DRAWINGS F. SPECIFICATIONS

Installation of Rainwater Harvesting Systems and Fences in Yap Proper

E: DRAWINGS

This is available as a separate attachment in the SPC Tenders Net website; schedule of drawings are included with the set of Index conscripted as a guide to ease references.

1.3 SITE PARTICULARS

Shown on table 1.0 below are the 4 local community buildings (Sites) that have been selected for the installation of

Rainwater Harvesting Systems.

Table1.0

For each site, a specification and a schematic plan has been drawn to show general layout of the necessary works

a) Weloy Community Building at Kaday Village, Weloy Municipality

PHOTO # 1: View toward Sea Side. PHOTO # 2: Shows the area where tank will be installed

b) Gagil Elementary School, Gachpar Village, Gagil Municipality

PHOTO # 3 and 4: View from both ends of the classroom.

c) Balabat Community Hall, Balabat Village, Rull Municipality

PHOTO # 5 and 6: Show dimensions of the building and proposed location of tank

d) Tamil Elementary School, Tamil Municipality

PHOTO # 7, 8: Dimension and proposed location of the tank

ANNEX IV

ATTACHMENTS

Installation of Rainwater Harvesting Systems and Fences in Yap Proper

Below are the list of attachments

1) Attachment 1: A-00 - A-04

2) Attachment 2: S-01 – S-20

3) Attachment 3: Rain Harvesting Handbook

4) Attachment 4: Schedule of Rates

5) Attachment 5: List of all the materials, which supplied by the RENI Project, SPC.

All attachments will be issued only upon request. Request to be directed to RENI@spc.int.

ANNEX V TECHNICAL PROPOSAL SUBMISSION FORM

Installation of Rainwater Harvesting Systems and Fences in Yap Proper, FSM

PART A: BACKGROUND AND RELEVANT EXPERIENCE

Background

Registered Name:

Year Established:

Physical Address:

Postal Address:

Telephone Contact:

Fax Number:

Email:

Contact Person:

Position of Contact Person:

Number of Employees:

Relevant experience: List details of 3 projects completed in last 5 years, relating to similar activities

to the work covered under this RFQ.

1.Name of project:

Date started and completed:

Location:

Short Description:

2.Name of project:

Date started and completed:

Location:

Short Description:

3.Name of project:

Date started and completed:

Location:

Short Description:

PART B: RESOURCES

Plants and Contractor’s Equipment (to be used on this Contract)

Tick One

1. Contractor’s Plants and Equipment [list] Already Owned

Will be Purchased

Will be Hired

Trucks

Cement Mixer

Power Tools

Generator

Wheelbarrow

Ladder

Staff Resources

Role No. of persons

Name

Contract Manager/Contractor’s representative

Site based Construction Supervisor/ Construction Manager

Labourers

Involvement and training of labours from the

targeted communities in the installation of the rainwater harvesting measures (minimum 5

persons / community)

Describe your plan to involve labours

from the targeted communities.

ANNEX VI FINANCIAL PROPOSAL SUBMISSION FORM

Installation of Rainwater Harvesting Materials, Plastic Water Tanks and Fences in Yap Proper, FSM

A) Cost Proposal – The following Item A1.0 schedule is provided only as a guide for the cost proposal and is non-

exhaustive list. The bidder shall ensure that all items and quantities are sufficient to complete the scope of works.

All prices quoted are in Euros and inclusive of all taxes, duties and freight cost (if any)

Schedule of Rates for Supply and Installation Works - For the excel copy refer to Appendix in Annex IV: Attachment

B) Payment Schedule

Payment shall be based on the total measured quantity of each measureable item in the Schedule of Prices completed in accordance with the contract specification and agreed schedule of payments with the successful contractor. The payments shall be based on the following milestones:

C) Validity of Quotation

The Validity of quotation shall be stated as 120 days from the deadline for submission

D) Declaration

1. The undersigned bidder representative proposes and agrees if this quotation is accepted, to enter into an

agreement with SPC, to commence and to complete all the work specified or indicated in the contract documents.

2. In submitting this quotation the bidder represents that all the RFQ documents for the provision of construction

materials as per Annex I Part B have been examined.

3. The bidder agrees to complete the supply and delivery for the following price (CIF)

Price Schedule Request for Quotation

Amount in EURO

TOTAL CONTRACT SUM

____________________________________ ___________________________

Print name and sign Stamp

Title: ________________________________ Date: ______________________

ANNEX VII

SPC GENERAL CONDITIONS OF CONTRACT FOR WORKS

1. LEGAL STATUS

The Contractor has the legal status of an independent contractor vis-à-vis SPC. The Contractor's personnel and sub-

contractors shall not be considered in any respect as being the employees or agents of SPC.

2. SOURCE OF INSTRUCTIONS The Contractor will only accept instructions from SPC in the performance of its services under this Contract. The Contractor will refrain from any action that may adversely affect SPC and will fulfil its commitments with the fullest

regard to the interests of SPC.

3. CONTRACTOR’S GENERAL OBLIGATIONS / RESPONSIBILITIES

The Contractor shall execute and complete the Works and remedy any defects therein in strict accordance with the

Contract, with due care and diligence and to the satisfaction of SPC.

3.2 The contractor shall have the right to forbid access to the site to any person not involved in the performance of the contract, with the exception of persons authorized by the supervisor.

3.3 The contractor shall ensure the security of sites during the whole period, of execution and shall be responsible for taking the necessary steps, in the interests of his employees, agents of the SPC and third parties, to prevent any

loss or accident which may result from carrying out the works.

3.4 The contractor shall take all essential steps, on his own responsibility and at his expense, to ensure that existing structures and installations are protected, preserved and maintained. He shall be responsible for providing and

maintaining at his expense all lighting, protection, fencing and security equipment which proves necessary for the proper performance of the works or which may reasonably be required by the supervisor.

3.5 If, during the performance of the contract, 'urgent measures are necessary to obviate any risk of accident or damage or to ensure security following any accident or damage, the supervisor shall give formal notice to the contractor to do what is necessary. If the contractor is unwilling or unable to undertake the necessary measures, the supervisor

may carry out the work at the expense of the contractor to the extent that the contractor is liable.

3.6 On his own responsibility and at his expense, the, contractor shall take all the precautions required by good construction practice and by the prevailing circumstances to safeguard adjacent properties and avoid causing any abnormal disturbance therein.

3.7 The contractor shall indemnify the SPC against the financial consequences of all claims by neighbouring landowners or residents to the extent that the contractor is liable and to the extent that the damage to adjacent properties is

not the result of a hazard created through the design or method of construction imposed by the contracting authority or the supervisor upon the contractor.

3.8 The contractor shall be responsible for the preservation, removal and replacement, as the case may be, of the cables, conduits and installations specified by the contracting authority in the contract and for the cost thereof.

3.9 Where "the presence of cables, conduits and installations has not been specified in the contract but is revealed by bench-marks and references, the contractor shall be under a general duty of care and similar obligations regarding

preservation, removal and replacement to those set out above. In this case, the contracting authority shall compensate him for expenditure, to the extent that such work is necessary for the execution of the contract.

3.10 However, the obligations to remove and replace cables, conduits and installations and the expenditure resulting therefrom shall not be the responsibility of the contractor if the contracting authority decides to accept that responsibility. The same shall apply where this obligation and the expenditure resulting therefrom devolve upon another specialist administration or" an agent

3.11 When any work on the site is likely to cause disturbances in or damage to a public utility service, the contractor shall immediately "inform the supervisor in writing, giving a reasonable period of notice so that suitable measures can be taken in time to allow work to continue normally.

3.12 The contractor shall be responsible for:

(a) the accurate setting-out of the works in relation to original marks, lines and levels of reference given by the supervisor;

(b) the correctness, of the position, levels, dimensions and alignment of all parts of the works; and

(c) the provision of all necessary instruments, appliances and labour in connection with the foregoing responsibilities.

3.13 If, at any time during the execution of the works, any error appears in the position, levels, dimensions or alignment

of any part of the works, the contractor, shall, if the supervisor so requires, at the contractor's cost, rectify such error to the satisfaction' of the supervisor, unless such error is based on incorrect data supplied by the supervisor, in which case the" contracting authority shall be responsible for the cost of rectification.

3.14 The checking of any setting-out or of any line or level by the supervisor shall not in any way relieve the contractor of his responsibility for the accuracy thereof and the contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other items used in setting-out the works.

3.15 Where the contract includes demolition work, materials and articles obtained therefrom shall, unless the special conditions and/or the law of the state of the contracting authority otherwise provide" and subject to the provisions

of Article 28, be the property of the contractor.

3.16 Should the special conditions reserve to the contracting authority the right of ownership of materials or all or part of the articles obtained from the demolition work, the contractor shall take all the necessary precautions to ensure that these are preserved. He shall be liable for any destruction of, or damage to, such materials or articles caused

by him or his agents.

3.17 Irrespective of the use to which the contracting authority intends to put the materials or articles, in respect of which he reserves the right of ownership, all costs incurred in transporting and storing them and all warehouse

charges at the place indicated by the supervisor shall be borne by the contractor for any carriage not exceeding 100 metres.

3.18 Save where the special conditions provide otherwise, the contractor shall, at his expense, progressively remove

rubble and other demolition materials, rubbish and debris from the site.

4. CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES The Contractor shall be responsible for the professional and technical competence of its employees and will select,

for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct.

The Contractor shall not discriminate against any Staff of SPC, their employee, independent professional or any other person because of race, medical condition, religious creed, ancestry, national origin, age, sex or handicap.

5. SPECIFIED PERSONNEL The Service Provider must ensure that the Specified Personnel perform the Services in accordance with this Contract. SPC may, at its absolute discretion, require the Service Provider to remove any Personnel (including Specified Personnel) from work in respect of this Contract, or from undertaking the Services or any part of the Services. If it does so, or if Specified Personnel are unable or unwilling to perform the Services, the Service Provider

shall provide replacement Personnel (acceptable to the Customer) of suitable ability and qualifications at no additional cost and at the earliest opportunity.

6. ASSIGNMENT The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or

any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of SPC.

7. SUB-CONTRACTING In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of SPC for all sub-contractors. The approval of SPC of a sub-contractor shall not relieve the

Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform with the provisions of this Contract.

8. OFFICIALS NOT TO BENEFIT The Contractor warrants that no official of SPC has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a

breach of an essential term of this Contract.

9. INDEMNIFICATION The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, SPC, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including

their costs and expenses, arising out of acts or omissions of the Contractor, or the Contractor's employees, officers,

agents or sub-contractors, in the performance of this Contract. This provision shall extend, inter alia, to claims and

liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this

Contract.

10. INSURANCE AND LIABILITIES TO THIRD PARTIES 10.1 The Contractor will hold insurance against all risks in respect of its employees, sub-contractors, property and

equipment used for the execution of this Contract, including appropriate worker’s compensation for personal injury

or death.

10.2 The Contractor will also hold liability insurance in an adequate amount to cover third party claims for any claims arising from or in connection with the provision of services under this contract.

10.3 The Contractor shall, upon request, provide SPC with satisfactory evidence of insurance cover as required under this Article.

11. ENCUMBRANCES/LIENS

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on

file or to remain on file in any public office or on file with SPC against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the

Contractor.

12 TITLE TO EQUIPMENT

Title to any equipment and supplies that may be furnished by SPC shall rest with SPC and any such equipment shall be returned to SPC at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to SPC, shall be in the same condition as when delivered to the Contractor, subject to normal wear

and tear. The Contractor shall be liable to compensate SPC for equipment determined to be damaged or degraded beyond normal wear and tear.

13 COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS

SPC shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights, and trademarks, with regard to products, or documents and other materials which bear a direct relation to or are produced or prepared or collected in consequence of or in the course of the execution of this Contract. At

SPC's request, the Contractor shall take all necessary steps, execute all necessary documents and generally assist

in securing such proprietary rights and transferring them to SPC in compliance with the requirements of the applicable law.

14 USE OF NAME, EMBLEM OR OFFICIAL SEAL OF SPC

The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with SPC, nor shall the

Contractor, in any manner whatsoever use the name, emblem or official seal of SPC, or any abbreviation of the

name of SPC in connection with its business or otherwise.

15. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION

15.1 All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of SPC, shall be treated as confidential and shall be delivered only to SPC authorised officials on completion of work under this Contract.

15.2 The Contractor may not communicate at any time to any other person, Government or authority external to SPC,

any information known to it by reason of its association with SPC which has not been made public except with the authorisation of SPC; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract.

16 FORCE MAJEURE AND OTHER CHANGES IN CONDITIONS

16.1 Force majeure, as used in this Article, means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force which are beyond the control of the Parties.

16.2 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to SPC, of such occurrence or change if the Contractor is thereby

rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The

Contractor shall also notify SPC of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of this Contract. The notice shall include steps proposed by the

Contractor to be taken, including any reasonable alternative means for performance that is not prevented by force majeure. On receipt of the notice required under this Article, SPC shall take such action as, in its sole discretion, it

considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under this Contract.

16.3 If the Contractor is rendered permanently unable, wholly or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, SPC shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 16, "Termination", except that the period

of notice shall be seven (7) days instead of thirty (30) days.

17. TERMINATION

17.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty days notice, in writing, to the

other party. The initiation of arbitral proceedings in accordance with Article 17 "Settlement of Disputes" below shall not be deemed a termination of this Contract.

17.2 SPC reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case SPC shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.

17.3 In the event of any termination by SPC under this Article, no payment shall be due from SPC to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract. The Contractor shall take immediate steps to terminate the work and services in a prompt and orderly manner and to minimise losses and further expenditure.

17.4 Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, SPC may, without prejudice to any other right or remedy it may have, terminate this Contract forthwith. The Contractor shall immediately inform SPC of the occurrence of any of the above events.

18 SETTLEMENT OF DISPUTES 18.1 The Parties will use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating

to this Contract or the breach, termination or invalidity thereof.

18.2 If a dispute is not settled within sixty days of one Party notifying the other of a request for amicable settlement, the dispute can be referred by either Party to arbitration in accordance with the general principles of international law. The arbitration will be governed by the Arbitration Rules of the United Nations Commission on International

Trade Law (UNCITRAL) as at present in force. The arbitral tribunal shall have no authority to award punitive

damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

19 PRIVILEGES AND IMMUNITIES

Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of SPC, including its subsidiary organs.

20 TAX EXEMPTION 20.1 Under the ‘Host Country Agreement’ with the Country hosting SPC Offices, SPC, being an International Organisation,

is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and

charges of a similar nature in respect of articles imported or exported for its official use.