SERVICE CONTRACT FOR
UNDERTAKING DATA QUALITY ASSESSMENT IN TANZANIA MAINLAND AND ZANZIBAR
LSF/31/DQA-T
FOR
LEGAL SERVICES FACILITY
This Contract is made in Dar es Salaam this 11th December 2017
By and Between
The Legal Services Facility, represented by the Chief Executive Officer, a company limited by guarantee duly incorporated with certificate of incorporation no 103328 of 24th October 2013 existing under the law of United Republic of Tanzania having its principal offices at Nyati Rd, Bima Street
Mikocheni “B”, Dar es Salaam of P.O. Box 31480 (henceforth “the LSF")
of the one part,
And
…………………, ………………….., …………………………. in Dar – es – Salaam (henceforth “Supplier”)
of the other part,
Have agreed as follows:
Article 1 - Subject
The subject of this Contract is to develop LSF computer-based online system
a web-enabled monitoring and result system with identification number LSF/31/DQA-T (“the services”).
Article 2 - Structure of the contract
The Supplier will carry out the services on the terms and conditions set out in this contract, which comprises, in order of precedence, these conditions and the following annexes:
Annex B1: Terms of reference
Annex B 2: Organization and methodology
Annex B.3: Key experts
Annex B.4: Budget
Annex B.5: Financial Identification
In case of any contradiction between the above documents, their provisions shall be applied according to the above order of precedence.
Article 3 - Contract value
This contract, established in Tanzania Shillings, is a fee-based and itemized contract. Based on the maximum fees, incidental expenditure and reimbursable costs defined in Annex B.4., the maximum contract value is TShs ……………………………...
Article 4 - Commencement date
The date for commencing performance shall be on 15th January,2018
Article 5 - Period of execution
The period of execution of the tasks identified in Annexes B.1. & B.2 shall be from 15th January ,2018 to 14th January,2019.
Article 6 - Reporting
The Supplier shall submit technical reports as specified in the Terms of Reference. For any unaccepted report by the LSF due to quality problems or submission delay LSF will apply 8% deduction of the total contract value.
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Article 7 - Payments and bank account
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Payments will be made in Tanzania Shillings into the bank account notified by the Supplier to the Legal Services Facility.
-
The payments will be made according to the following schedule:
No of Quarter
|
Percent’s
|
Inception Reports
|
Final Reports
|
Quarter 1
|
20%
|
15%
|
5%
|
Quarter 2
|
20%
|
15%
|
5%
|
Quarter 3
|
20%
|
15%
|
5%
|
Quarter 4
|
40%
|
30%
|
10%
|
Total
|
100%
|
-
For each payment, the Supplier shall send to the Legal services Facility a written payment request together with itemized statements.
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Payments will be made in Tanzania Shillings in the following Bank Account
Account Name:
Account Number:
Bank Name:
Bank Branch:
Bank Address:
SWIFT Code:
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Prices will be fixed and not open to review during the period of the contract
Article 8 - Contact addresses
Any written communication relating to this Contract between the Legal Services Facility and the Supplier must state the Contract title and identification number, and must be sent by e-mail or by hand to the addresses identified.
Article 9 - Law and language of the contract
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The law of The United Republic of Tanzania shall govern all matters not covered by the contract.
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The language of the contract and of all written communications between the Supplier and the Legal Services Facility and/or the Chief Executive Officer shall be English.
Article 10 - Tax and customs arrangements
10.1 The contract shall not be exempt from duties and taxes, it is the responsibility of LSF to pay for VAT. 5% of the fee will be withheld as With-holding tax in accordance to 2016 Finance Act. Any other dealing with (income) tax authorities will be the sole responsibility of the Supplier.
Article 11 - Dispute settlement
11.1 Any disputes arising out of or relating to this contract which cannot be settled otherwise shall be referred to the exclusive jurisdiction of the United Republic of Tanzania applying the national legislation of the country.
Article 12 - Breach of Contract
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The Supplier shall be considered in breach of contract if it changes the composition of the key experts for any other reason than force majeure.
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The Supplier shall be considered in breach of contract if it fails to produce the deliverables according to the schedule mentioned in the Terms of Reference for any other reasons than force majeure.
Article 13 - Ethics clauses
13.1 Without the Legal Services Facility prior written authorization, the Supplier and his staff or any other company with which the Supplier is associated or linked may not, even on an ancillary or subcontracting basis, supply other services under this contract.
13.2. This prohibition also applies to any other programmes or projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Supplier.
13.3. When putting forward a candidacy or tender, the candidate or tenderer must declare that he is affected by no potential conflict of interest, and that he has no particular link with other tenderers or parties involved in the project. Should such a situation arise during performance of the contract, the Supplier must immediately inform the Legal Services Facility.
13.4 The Supplier must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He shall refrain from making public statements about the Legal Services Facility or the services contracted without the Legal Services Facility's prior approval. He may not commit the Legal Services Facility in any way without its prior written consent.
13.6 For the duration of the contract, the Supplier and his staff must respect human rights and undertake not to offend the political, cultural and religious mores of the United Republic of Tanzania.
13.7 The Supplier may accept no payment connected with the contract other than that provided for therein. The Supplier and his staff or key experts must not exercise any activity or receive any advantage inconsistent with their obligations to the Legal Services Facility.
13.8 The Supplier and his staff are bound to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the contractor during the performance of the contract are confidential.
13.9 The contract shall govern the Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract.
13.10 The Supplier must refrain from any relationship likely to compromise his independence or that of his staff. If the Supplier ceases to be independent, the Legal Services Facility may, regardless of injury, terminate the contract without further notice and without the Supplier having any claim to compensation.
Article 14 - Other specific conditions applying to the contract
The contractor undertakes to supply the Legal Services Facility or its auditors on request with all supporting documents relating to the conditions of the contract's execution.
The Legal Services Facility may carry out whatever documentary or on-the-spot checks it deems necessary to monitor the execution of the contract, the expenditures or to find evidence in cases of suspected extraordinary overheads.
Done in English in three originals,
Dar es Salaam
For Contractor For the Legal Services Facility
Name: Name:
Function: Function:
Signature: Signature:
Date: Date:
LSF 2017
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