TERMS OF REFERENCE FOR INSTITUTIONAL CONTRACT 1. BACKGROUND Since its establishment in 1979, the Expanded Program on Immunization (EPI) under the Directorate General of Health Services (DGHS), Bangladesh, has consistently relied on the importation of vaccines from various countries across the globe. All vaccines are brought into the country through the international airport located in Dhaka. Each vaccine shipment is accompanied by the necessary number of syringes, safety boxes, and diluents, as applicable. To ensure their efficacy, vaccines are meticulously transported and stored under stringent Cold Chain conditions. In contrast, the additional materials such as syringes, safety boxes, and diluents, commonly referred to as "dry goods," do not require Cold Chain maintenance. Hence, they are stored in designated "Dry Stores." While diluents do not necessitate Cold Chain storage, they must be cooled to a temperature ranging from +2 to +8 degrees Celsius before use. Certain manufacturers may recommend storing diluents at a controlled temperature of 25 degrees Celsius, achievable through air-conditioned facilities. It is worth noting that although vaccines and diluents are shipped via air, other dry goods like syringes and safety boxes are typically transported by sea when sourced from overseas. This approach helps to streamline logistics and ensure the availability of essential medical supplies. In summary, the Expanded Program on Immunization (EPI), Directorate General of Health Services (DGHS), Bangladesh, has been sourcing vaccines internationally since its inception in 1979. The program prioritizes strict Cold Chain protocols for vaccines while also adhering to appropriate storage conditions for diluents and other dry goods, facilitating the effective immunization of the population. Transportation methods are carefully chosen to optimize efficiency and availability of vital medical supplies. Over the last two decades, the Expanded Program on Immunization (EPI) in Bangladesh has witnessed a remarkable increase in the quantities of both vaccines and dry goods, largely attributed to the introduction of new vaccines into the program. Notably, the Ministry of Health (MOH) has taken proactive measures to incorporate HPV, TCV, and JE vaccines into its vaccination arsenal, leading to a substantial rise in the volume of vaccines and associated dry goods. Noteworthy is Bangladesh's successful establishment of a highly efficient Immunization Supply Chain system (iSC), featuring a well-structured three-tier framework for vaccine distribution, designed to cater to the entire population. This strategic approach not only minimizes the requirement for cold chain equipment but also reduces the need for extensive maintenance services. Additionally, it optimizes dedicated transport systems tailored specifically for the EPI, ensuring a seamless and effective distribution network. In Bangladesh, the immunization supply chain consists of three levels: Primary Level (PR): Located at Mohakhali, Dhaka. Lowest Distribution Level (LD): Located at the district level, under the jurisdiction of the Civil Surgeons. Service Point Level (SP): Located at the Upazila health complex, under the jurisdiction of the Upazila Health and Family Planning officer.   All these 3 tiers use a Dry Store to keep adequate stock of syringes, safety boxes with necessary buffer stock.   2. DEFENITION   2.1 Renovation of a building refers to the demolition & reconstruction work within the existing building, mentioned below as generic items. They will vary based on the specific needs of each building. 2.2 Expansion of a building is the process of building a new structure adjacent and connected to the existing building. Construction of new buildings refers to the construction of an independent built structure. Repair and maintenance refer to fixing damaged components of a structure/other components to ensure proper functionality of it.   3. SCOPE OF WORK   Objective: The objective of these Terms of Reference is to guide a bidding exercise to identify suitable Contractors to execute the Works described below within the agreed quality, budget and timeline. The general aim of the Project is to mitigate the challenges posed by the current setup and to enhance the overall efficiency of the Immunization Supply Chain System. Nature of works and location: This Project includes construction of a 4 storied storage building to serve as National Dry Store complex, encompassing a net area of approximately 25,000 square feet, at Talepur Health Sub-center, Kalatia, Keraniganj, Dhaka, Bangladesh. Organization of project into phases:  This is a one-off project. General specifications: The Works will be carried out in accordance with the Drawings, Bill of Quantities and Technical Specifications provided under Annex E: Technical Documents and in accordance with all construction standards applicable in Bangladesh. Site visit: Potential Bidders must visit the sites mentioned in 3.2 prior submitting their offers to get familiar with site conditions that may affect their Proposals. Potential Bidders are expected to make their own arrangements to visit the site and at their own expense. UNICEF shall accept no excuse or claim whatever from the Selected Contractor for not knowing or being able to properly evaluate the site condition and assess the equipment, local material, local labour, etc. requirements for the Works to be carried out. Questions should be submitted in writing to UNICEF in accordance with the instruction provided under the RFP. Greening and accessibility: All construction and rehabilitation works implemented directly or indirectly by UNICEF shall be in line with the Organization’s commitments towards Accessible Buildings and achieving Climate Neutrality by 2020, as per PROCEDURE/DFAM/2020/001 on Eco-efficiency and Inclusive Access in UNICEF Premises and Operations, CF/EXD/2017-004 on Accessibility in UNICEF’s Programme-Relegated Construction, and Decision Memo: UNICEF Climate Neutral Strategy, 26 May 2015.   Other Considerations: The construction will be supervised and certified by a third-party engineering firm contracted separately by UNICEF. The contractor shall cooperate fully with the supervising entity and follow their technical instructions as endorsed by UNICEF’s Construction Unit.     4. EXPECTED DELIVERABLES AND TIMEFRAME The timely completion of these construction Works is of utmost importance for UNICEF. The Intended Substantial Completion Date should be no later than fifteen (15) calendar months from the Start Date of the contract. Upon UNICEF’s acceptance of Works at Substantial Completion, the Certificate of Substantial Completion will be issued. The Defects Liability Period is twelve (12) for construction of new building(s) calendar months counted as from the date of the Certificate of Substantial Completion. Upon UNICEF’s acceptance of Works at Final Completion, the Certificate of Final Completion will be issued, and the Contract will be closed upon issuing of final payment. UNICEF will issue partial and final payments upon satisfactory completion of each Deliverable. The Potential Bidder may propose additional, or alternative, Deliverables to suit their recommended sequencing of the Works and expected cash flow during execution of the Works. UNICEF will consider the Proposal as part of the technical evaluation.   Table 2: Deliverables and Timeframe Deliverable # Scope of deliverable Suggested payment distribution Timeframe 1 Mobilization Pilling work Physical and financial progress 15% 10% By end 2nd month 2 Earthwork in excavation Pile cap Short column Underground tanks Back filling Grade beam Physical and financial progress 25% 10% By end 5th month 3   RCC work Columns Beam Floor Physical and financial progress 35% 10% By end of 8th month 4 RCC work Columns Beam Floor Physical and financial progress 50% 15% By end of 12th month 5 Internal walls Plumbing and Sanitary works Electrical wiring Plastering Tiles works Generator Room Security Booth Physical and financial progress 70% 20% By end of 13th months 6 Door and window work Glass partition works Physical and financial progress 75% 5% By end of 14th months 7 Fire alarm and firefighting system installation. Air ventilation system installation. AC installation/ Exhaust Fan Physical and financial progress 90% 15% By end of 14th months 8 Entry gate Secondary gate Internal roads Outdoor landscaping Internal walkways Internal walkway shed Proper drainage system Septic tank or STP Soak pits Furniture supply IT cabling and server room. Electrical load sanction, new energy meter and HT line Demobilization Testing the systems Complete As-Built Documentation Physical and financial progress 100% 10% By end of 15th months 9 Substantial Completion certification 5% By end of 15th months 10 Defect Liability Period sum Final Completion Certification 5% 12 months after substantial completion     5. ELIGIBILITY AND QUALIFICATION The Potential Bidder shall provide all the information and documentation requested in this section with its Proposal. Failure to submit the information below will disqualify the Potential Bidder. Documents to be submitted in the Technical Proposal: The Potential Bidder must be registered construction company in Bangladesh and have no conflict of interest to the Project. Technical Proposals shall include copies of original documents defining the constitution or legal status of the company, place of registration, and principal place of business; written power of attorney of the signatory of the Contractor to commit the Contract. A statement that the company (including all members of a joint venture and Sub-Contractor) is not associated, nor has been associated in the past, directly or indirectly, with the Project Manager or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as the Project Manage for the Contract. Copy of curriculum vitae (Maximum two (2) pages) of key personnel to be involved in the Project, such as Contract/Project Manager, Clerk of Works, Foreman. UNICEF may verbally interview the key personnel before the commencement of the Project. Reports on the financial standing of the Potential Bidder, such as profit and loss statements and auditor’s reports for the past three years. Evidence of adequacy of working capital for the signed Contract (access to line(s) of credit and availability of other financial resources). Proposed Project Implementation Plan of Works showing the proposed implementation methods, quality control strategy, schedule for all the activities in the Works. The Potential Bidder must provide sufficient information in their Proposal to demonstrate compliance with the requirements defined by UNICEF. The forms listed below contains the eligibility and minimum qualifying criteria that UNICEF will use to evaluate Proposal for the award of Contract. Information to be submitted in the Technical Proposal (ANNEX C): Technical Proposal Submission (Form 1) Technical Proposal Letter (Form 2) Potential Bidder General Information (Form 3) Potential Bidder’s Contact Details (Form 4) List of Proposed Key Personnel (Form 5) List of Machine and Equipment (Form 6) Potential Bidder’s Financial Information/ Adequacy of Working Capital (Form 7) Works in Hand and their Financial Values (Form 8) Litigations (Form 9) Proposed Project Implementation plan of Works (Form 10) Information to be submitted in the Financial Proposal (ANNEX D): Financial Proposal Letter (Form 11) Summary of Financial Proposal (Form 12) Completed Bill of Quantities (Form 13) The Proposals prepared by potential contractors and all correspondence and documents relating to the Proposals exchanged by potential contractors and UNICEF shall be written in the English language. Errors in the Proposals Bidders are expected to examine all instructions and documentation of the RFP. Failure to do so will be at Bidders’ own risk. In case of errors in the extension price, the unit price shall govern. In the event of any discrepancy between the copies of the Proposals, the original shall govern. The original and each copy of the Technical and Financial Proposal shall be prepared in indelible ink and shall be signed by the authorized Contractor’s representative. The Proposal shall contain no interlineations or overwriting except as necessary to correct errors made by the Bidders themselves. Any such correction shall be initialled by the person or persons signing the Proposal.     6. PROJECT MANAGEMENT   Project Management and Coordination The overall project implementation will be controlled by a Technical Working Group composed of officials from different government entities, local administrations and UNICEF. UNICEF’s representative may include a third-party engineering firm contracted by UNICEF for supervision and certification of works. UNICEF will oversee the Works and the administration of the Contract, including the certification of payments through an appointed Project Management, or any other competent person, entity or firm appointed by UNICEF and notified to the Selected Contractor, to act in replacement of the Project Manager. UNICEF will supervise and inspect the Works during its execution through its Project Manager, or its representative. The Project Manager, or its representative, will provide instructions and clarify technical queries during the execution of Works in consultation with UNICEF. UNICEF, through its Project Manager or its representative, will regularly check the progress of Works and notify the Selected Contractor of any defects that are found. Such checking shall not affect the Selected Contractor’s responsibilities. The contractor shall participate in weekly coordination meetings organized by UNICEF and/or the supervising firm and submit periodic progress reports aligned with the formats and frequency defined by UNICEF Construction Unit. If the Selected Contractor has not corrected a defect within the time agreed with UNICEF’s Project Manager or its representative, the Selected Contractor will be liable for Liquidated Damages. Communications between parties shall be valid only when in writing. Notice shall be valid only when it is delivered.   Management Meetings Either UNICEF’s Project Manager, its representative or the Selected Contractor may require the others to attend a management meeting. The business of a management meeting shall be to review the plans for remaining Works and to deal with matters raised under the procedure for “Delays and Extension of time” sets out under UNICEF Contract for Construction. UNICEF’s Project Manager or its representative shall record the meetings and provide copies of the record to those attending the meeting and to UNICEF, including action points and responsible for each action point. A monthly or bi-monthly meeting shall be held with the Technical Working Group to share progress of the project.   Payment Certificates The Bill of Quantities is used to calculate the Contract Price for each Deliverable. The Selected Contractor will be paid for each deliverable accepted by UNICEF and following the price to each Deliverable agreed in the Contract All deliverables shall be subject to monitoring, inspection, and certification by a third-party engineering firm contracted by UNICEF. No payment shall be processed unless the supervising entity has certified that the respective milestone has been completed according to the approved drawings, BoQ, and technical specifications. The contractor shall cooperate fully with the supervision team and facilitate access to all site areas, documents, and construction activities as required. UNICEF will certify acceptance of partial, substantial, and final Works through its Project Management, or its representative. No payments will be processed prior to a written certificate of its satisfactory acceptance. Payments will be issued within a period defined in the Contract and following UNICEF’s procedures.