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GOAL believes in a world where poverty no longer exists, where vulnerable communities are resilient, where barriers to well-being are removed and where everyone has equal rights and opportunities. Join our team and help bring this vision to life.
Request for Offer (RFO) # PRS-A15-54503 Request for procurement of an individual consultant.
About GOAL
GOAL is an international humanitarian agency, currently operating in 17 countries worldwide, dedicated to alleviating the suffering of the poorest of the poor. We are a non-denominational, non-governmental and non-political organisation. For more information on GOAL and its operations please visit www.goal.ie.
GOAL has been working in Sudan since 1985. We provide Health, WASH, Nutrition and REFLECT services to communities in North Darfur and South Kordofan.
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RFQ published |
04th _November_2026 |
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Closing date and time for receipt of offers |
11th _November_ 2026 (4.00pm) |
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Evaluation of Offers |
22nd _November_2026 |
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Contract award forecast |
25th _November _ 2026 |
GOAL, an Irish international organization has over the last 46 years responded to many of the world’s major humanitarian crises. GOAL is currently working in 14 countries in emergency and development contexts and has reached over 14 million people with aid across countries in Europe, Africa, the Middle East, and Latin America. GOAL has been working in Sudan for over 40 years. Currently the Sudan Country Programme focuses on health, nutrition, and livelihoods with two main operational areas (North Darfur-ND and South Kordofan-SK). GOAL Sudan has approximately 250 staff with an annual budget of approximately EUR 9 million.
Specific Objectives: PRS-A15-54503 Request for procurement of an individual consultant /consultancy firm to conduct an independent Midterm Evaluation of the EU-funded HealthPro-2Project in South Kordofan State (Dilling, Abu Jubaiha), White Nile State (El-Gabaleen, Guli,Tandalti) and North Darfur State (Kutum, Umbaro) in Sudan.
(Proof of sending does not equal proof of receipt. GOAL is not responsible for any technical faults that may prevent reception of your email.)
Important: Offers transmitted in any other manner or offers received after the deadline date and time will not be considered.
(Proof of sending does not equal proof of receipt. GOAL is not responsible for any technical faults that may prevent reception of your email.)
Important: Offers transmitted in any other manner or offers received after the deadline date and time will not be considered.
4.1 Submission checklist
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This document filled in and signed (including Section 9) |
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Annex 1: Terms of Reference (TOR) |
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Annex 2: Financial Offer filled and signed |
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Annex 3: Declaration of Personal and Legal Obligations Form |
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Annex 4: Declaration of Statutory Obligations |
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Annex 5: Standard GOAL Terms and Conditions agreed |
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Two references from past clients (preferably INGO/NGO management staff), including detailed contact details for these individuals. Note: Only current employees with corporate email addresses of the reference INGO/NGO will be accepted. Below table, Annex A/Company information must be filled. Trad & tax Registration certificates for firms |
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The first phase of evaluation of the responses will determine whether the bidder meets the preliminary eligibility criteria. These are:
Bidders not conforming to the administrative instructions may have their bids disqualified at this stage and should not progress to the next stages.
All offers received under this agreement, which have conformed to the administrative instructions above, must meet the following essential criteria to be considered eligible bids:
Award Criteria
GOAL will evaluate the proposals and award the consultancy based on technical and financial criteria. GOAL reserves the right to accept or reject any proposal received without giving reasons and is not bound to accept the lowest, highest or any bidder. Only the successful applicant will be contacted.
The evaluation criteria associated with this TOR is split between technical and financial as per GOAL standards, see below.
Marks for price will be awarded on the inverse proportion principle:
Scorevendor = maximum score x (pricemin / pricevendor) Company information –
6. Annex ‘’A’’ this section MUST be completed. Company Information
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Legal Form. Tick the relevant box |
o Company o Partnership o Joint Venture |
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Please state name of any other persons/organisations (except tenderer) who will benefit from this contract. |
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Do you have associated companies? Tick relevant box. If YES – provide details for each company in the form of additional tables in this format. |
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Provide details of contracts of a similar nature carried out in the last two years (please state customer name, delivery location, value of contract, and dates) |
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Provide details of any applicable Quality Assurance certificates or qualifications your company or employees have: |
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A statement of overall turnover and turnover in respect to the goods and services offered under the proposed agreement for the last three years as per the following table: |
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Please include at least 2 (two) references who may be contacted on a confidential basis to verify satisfactory execution of contracts: |
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By submitting an offer under this request for quotation G/S/ELF/A15/30891/2024, the bidder hereby asserts that the following statements are correct at the time of submission; and further undertakes to inform GOAL of any changes in status of these matters. |
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The bidder is not bankrupt or is being wound up, neither are its affairs are being administered by the court nor has entered an arrangement with creditors or has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulation. The bidder is not the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws and regulations. Neither the bidder, a director or Partner, has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata nor been guilty of grave professional misconduct in the course of their business. The bidder has fulfilled all its obligations relating to the payment of taxes or social security contributions in Ireland or any other state or country in which the tenderer is located or doing business. Neither the bidder, a director or Partner has been found guilty of fraud, money laundering, corruption; convicted of being a member of a criminal organisation; nor of serious misrepresentation in providing information to a public buying agency The bidder has not contrived to misrepresent its Health & Safety information, Quality Assurance information, or any other information relevant to this application. |
Bid validity:
I confirm that the proposal and the costs provided to accompany it are an accurate reflection of the costs that will be charged to GOAL according to the information provided in this request for quotation; and that there are no other costs associated with using the service that my company offers.
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Appendix 1: - Terms of Reference – Resilience Training for All Employees with Optional Professional counselling support services
The HealthPro-2 project is implemented by GOAL with financial support from the European Union from February 2024 to January 2028. The project targets 7 localities across three states, Kutum and Umbaro in North Darfur, and Dilling and Abujubeha in South Kordofan, and Elgabaleen, Guli, and Tandalti in White Nile state. It directly supports 16 Primary Health Care (PHC) facilities, 7 Locality Health Departments (LHDs), and 7 rural hospitals to implement a sustainable model of health service delivery. The project will directly reach 213,573 people, with a total reach of 1,378,882 beneficiaries.
Key interventions include strengthening PHC service delivery, scaling up CMAM/OTP and SC nutrition services, improving referral linkages and EmOC, building capacity of health workers and LHDs, and strengthening Health Information Systems and community engagement.
This Midterm Evaluation is being conducted in Year 3 of implementation to assess progress, relevance, effectiveness, efficiency, and early results to date. It will also review the proposed geographic adaptation to shift implementation from three insecure localities in North Darfur to White Nile State. The findings will inform adaptive management and provide evidence-based recommendations for the remaining project period.
Sudan is experiencing a deepening humanitarian crisis driven by ongoing conflict between the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF). As of September 2023, the conflict had resulted in over 4,000 deaths, 12,000 injuries, 4.1 million internally displaced persons, and 1.1 million cross-border movements. All 18 states have received IDPs. The target states of North Darfur and South Kordofan were already hosting 254,446 IDPs prior to the current crisis, and North Darfur alone received an additional 290,327 IDPs by September 2023.
The health system has collapsed in many areas. Over 80% of hospitals are out of service. NGO-supported facilities face critical shortages of medicines and staff, and health workers have gone unpaid and relocated. Disease outbreaks including measles, malaria, dengue fever and acute watery diarrhoea are increasing due to the disruption of basic public health services. The crisis is compounded by years of hyperinflation, the COVID-19 pandemic, and reduced donor engagement following the 2021 political transition.
Marginalized groups including women and girls, children, IDPs, and persons with disabilities remain highly vulnerable to deprivation of health and nutrition services. The Government of Sudan recognizes the provision of basic PHC as central to sustainable development, but state-level institutions face severe capacity, funding, and access constraints, particularly in conflict-affected areas.
Building on lessons from the previous HealthPro-1 project in North Darfur, GOAL’s HealthPro-2 applies an integrated resilience approach that combines emergency service delivery with long-term strengthening of government-led health systems. The project is led by permanent health system stakeholders: State Ministry of Health (SMOH), Locality Health Departments (LHDs), National Health Insurance Fund (NHIF), and National Medical Supplies Fund (NMSF).
The program supports 16 PHC facilities to implement a sustainable service delivery model fully owned by SMOH, with NHIF as the financing mechanism and NMSF ensuring supply of drugs and medical commodities. It strengthens 7 LHDs for planning, supervision, and governance, and 7 rural hospitals to improve referral systems, Emergency Obstetric Care (EmOC), and Stabilization Centres (SC) for management of severe acute malnutrition with complications.
Other core components include: infrastructure rehabilitation and diagnostic support; capacity building and clinical mentorship of health workers; strengthening of Health Information Systems for data-driven decision making; and community engagement through Care Groups, NIPP, and SBC to improve health-seeking behaviour.
The project was originally designed for implementation in North Darfur and South Kordofan states. However, due to ongoing insecurity and access challenges in Serf Umra, Al Serif, and Kabkabiya localities in North Darfur, GOAL proposed a geographic adaptation to White Nile State which was selected based on its relative stability, functional health system structures, and high humanitarian needs, including hosting over 650,000 IDPs. Consequently, the three affected localities in North Darfur have been replaced with Elgabaleen, Guli, and Tandalti in White Nile State. This adjustment preserves the project’s overall objectives and delivery model while ensuring more efficient and effective use of resources.
The proposed impact of the project is: To contribute to improved health conditions of vulnerable populations affected by extreme poverty, food insecurity and malnutrition in North Darfur, South Kordofan, and White Nile States, including IDPs, Refugees and Host Communities.
The specific objective of the project is: To increase sustainable and inclusive access to and demand for quality Primary Health Care (PHC), Nutrition and Water, Sanitation and Hygiene (WASH) services in North Darfur, South Kordofan, and White Nile states, including for host communities, IDPs, and refugees.
As part of the project strategy, these objectives are measured through the following outcome and output indicators shown in the below matrix:
Outcome: To increase sustainable and inclusive access to and demand for quality Primary Health Care (PHC), Nutrition and Water, Sanitation and Hygiene (WASH) services in North Darfur, South Kordofan, and White Nile states, including for host communities, IDPs, and refugees.
Output 1: Primary healthcare, nutrition and Water, Sanitation and Hygiene (WASH) services at Primary Healthcare (PHC) centres and community level improved, including for IDPs, refugees and host communities, with particular reference to women and girls and people with disabilities (PwD).
Output 2: Management capacity and accountability of local health systems strengthened.
Output 3: Socio-cultural and behavioural and gender barriers to health and nutrition are reduced.
Output 4: Financial barriers to maternal and child healthcare, Family Planning (FP) are reduced.
The purpose of this Midterm Evaluation is to independently assess the, relevance, coherence, effectiveness, efficiency and early results of the EU-funded HealthPro-2 project implemented by GOAL in North Darfur, South Kordofan, and White Nile State. The evaluation will examine progress toward achieving intended outputs and outcomes, assess the effectiveness of the project’s health systems strengthening approach, review the implications of the of the geographic adaptation to White Nile State, identify lessons learned and implementation challenges, and provide evidence-based recommendations to improve performance, sustainability and impact during the remaining project period.
Evaluation Objectives
The midterm evaluation is designed to be forward-looking and learning-focused, providing evidence to guide adaptive management and improve implementation during the remaining project period. Specifically, it will:
At this stage, the evaluation will focus on assessing project performance and the processes that have led to current results. This will help identify what has worked well and what requires adjustment to improve impact and effectiveness. Accordingly, the midterm evaluation will be structured around the following OECD-DAC evaluation criteria relevant to these aspects.
Relevance:
Coherence:
Effectiveness:
Efficiency:
Given that the objective of this evaluation is to assess progress toward results, understand project implementation dynamics, and generate learning for improvement, a qualitative methodology is most appropriate to be applied, and a comprehensive outcome survey is not recommended. Quantitative data on beneficiaries reached will be obtained from the project indicator tracking tool, health facility registers, HMIS/DHIS2, and project records to assess service utilization, coverage, and progress against targets. The evaluation will employ mixed methods including document review, focus group discussions, key informant interviews, and direct observation. FGDs will be conducted with specific stakeholder groups to triangulate perspectives and validate findings. The evaluation team will finalize the detailed methodology and tools in line with this scope of work.
Before commencing the evaluation, team will do the following:
On commencement, the evaluation team will:
Post-site visit
To the greatest extent possible, the evaluation should consider both beneficiaries and non-beneficiaries, examining any potential positive or negative spillover effects. And areas of primary data collection should include samples of project target communities of supported health facilities across South Kordofan, White Nile, and North Darfur states.
While quantitative tools such as review and analysis of routine health facility data, observation checklists and physical testing are useful for measuring indicators, GOAL recommends a primarily qualitative methodology for this evaluation to better understand the mechanisms that drive results or hinder progress. The consultant may propose alternative or additional quantitative methods if justified during the inception phase.
GOAL expects all quantitative data to be rigorously analysed and representative of the project area within the reasonable limits and constraints of the context. Qualitative data should also be rigorously analysed and should primarily focus on developing a deeper understanding about the relevance, performance, operational process of the programme, and providing recommendations for improving or strengthening the effectiveness, efficiency, impact, and sustainability of the results of the programme.
This consultancy will be implemented from 1st September 2026 to 30th September 2026 as part of the project’s commitments to the donor. Data collection, analysis, and report drafting will take place within this period. The final report, incorporating all feedback, must be submitted and approved no later than 15th October 2026.
The findings of the evaluation must be shared with GOAL in the following formats:
Deliverable 1: Presentation of Key Findings
Deliverable 2: Final Evaluation Report
Results and recommendations will be made available to GOAL and externally to interested stakeholders at the discretion of GOAL local senior management. The final report and any primary data collected will be the property of GOAL. If particular sections of the evaluation are deemed useful or informative for the greater humanitarian community as lessons learned or opportunities to improve programming, GOAL reserves the right to create a separate report with excerpts from the final evaluation report to share with the wider community. At the key findings stage, GOAL may request that the consultant produce such a report along with the final evaluation report.
The evaluation team will make clear to all participating stakeholders that they are under no obligation to participate in the evaluation study. All participants will be assured that there will be no negative consequences if they choose not to participate. The evaluation team will obtain informed consent from the participants. The research team will ensure prior permission is received for taking and use of visual still/ moving images for specific purposes, i.e., ‘for research report and presentations. The evaluation team will assure the participants’ anonymity and confidentiality and will ensure the visual data is protected and used for agreed purposes only. In particular, the evaluation team will employ robust data security measures to further ensure participants’ confidentiality and anonymity. The evaluation team is responsible for determining whether or not their proposed methodology would require Institutional Review Board (IRB) clearance, and will be responsible for clearing the process and training if such approval is required.
For the purposes of this evaluation, GOAL welcomes international and national evaluators to apply. The profile of the lead consultant is:
The deadline for submission of the technical and financial proposal and accompanying documents is 17th September 2026 to magib@sd.goal.ie copying bkumar@sd.goal.ie and gameradin@sd.goal.ie . The application should include:
Appendix 2: Financial Offer
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Request for Offer (RFO) PRS-A15-54503 Request for procurement of an individual consultant |
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Monthly group sessions for a period of 4 months for an estimated 15 groups with 12 members |
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60 |
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PSS Individual 1 hour Session every 2 weeks for an estimated number of 40 staffs for a period of 4 months. |
Individual session |
320 |
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Tax/VAT for firms - Withholding Tax (10%) of the offer amount for individual. |
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Appendix 3: Declaration of personal and legal obligations
To be completed by all bidders.
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Name of Bidder: |
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THIS FORM MUST BE COMPLETED AND SIGNED BY A DULY AUTHORISED OFFICER OF THE BIDDER’S ORGANISATION. Please tick Yes or No as appropriate to the following statements relating to the status of your organisation. |
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The Bidder is bankrupt or is being wound up or its affairs are being administered by the court or has entered an arrangement with creditors or has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations |
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The Bidder is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws and regulations |
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The Bidder, a director or Partner, has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata or been guilty of grave professional misconduct during their business |
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The Bidder has not fulfilled its obligations relating to the payment of taxes or social security contributions in Ireland or any other State in which the tenderer is located |
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The Bidder, a director or Partner has been found guilty of fraud |
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The Bidder, a director or Partner has been found guilty of money laundering |
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The Bidder, a director or Partner has been found guilty of corruption |
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The Bidder, a director or Partner has been convicted of being a member of a criminal organisation |
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The Bidder has been guilty of serious misrepresentation in providing information to a public buying agency |
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The Bidder has contrived to misrepresent its Health & Safety information, Quality Assurance information, or any other information relevant to this application |
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I certify that the information provided above is accurate and complete to the best of my knowledge and belief.
I understand that the provision of inaccurate or misleading information in this declaration may lead to my organisation being excluded from participation in future tenders.
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APPENDIX 4: Declaration of statutory obligations
To be completed by all bidders.
To:
(Bidder’s name)
Confirm that
AND
AND
I certify that the information provided above is accurate and complete to the best of my knowledge and belief. I understand that the provision of inaccurate or misleading information in this declaration may lead to my organisation being excluded from participation in future bids.
Signed: (Director) _________________________________________
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Date: _________________________________________
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Print Name: _________________________________________
Company Name: _________________________________________
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Address: ______________________________________
GOAL TERMS AND CONDITIONS FOR SUPPLY, SERVICE AND WORKS CONTRACTS
10.7: TERMS AND CONDITIONS FOR CONTRACTS FOR PROCUREMENT OF SERVICES AND WORKS
These Terms and Conditions of Contract apply to all provisions of works and services made to GOAL notwithstanding any conflicting, contrary or additional terms and conditions in any other communication from the service provider/contractor. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
The service provider/contractor shall be considered as having the legal status of an independent contractor vis-à-vis GOAL. The service provider/contractor, its personnel and sub-contractors shall not be considered in any respect as being the employees of GOAL. The service provider/contractor shall be fully responsible for all work and services performed by its employees, and for all acts and omissions of such employees.
In the event the Service provider/contractor requires the services of a sub-contractor, the Service provider/contractor shall obtain the prior written approval of GOAL for all sub-contractors. The Service provider/contractor shall be fully responsible for all work and services performed by its sub-contractors and service provider/contractors, and for all acts and omissions of such sub-contractors and service provider/contractors. The approval of GOAL of a sub-contractor shall not relieve the Service provider/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.
The Service provider/contractor shall not assign any persons other than those accepted by GOAL for work performed under this Contract.
The service provider/contractor shall neither seek nor accept instructions relating to this contract from any authority external to GOAL Service providers/contractors may not communicate at any time to any other person, government or authority external to GOAL, any information known to them by reason of their association with GOAL which has not been made public, except in the course of their duties or by authorization of GOAL: nor shall the service provider/contractor at any time use such information to private advantage. The Service provider/contractor shall refrain from any action that may adversely affect GOAL and shall fulfil its commitments with the fullest regard to the interests of GOAL. These obligations do not lapse upon termination/expiration of their agreement with GOAL.
The Service provider/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. reason of any other claim or demand against the Service provider/contractor.
Initiation of service or works under this contract by the service provider/contractor shall constitute acceptance of the contract, including all terms and conditions herein contained or otherwise incorporated by reference.
The Services performed warrants upon delivery and for a period of twelve (12) months from the date of completion of the services provided/works completed under this Contract will conform in all aspects to the service and applicable standards specified for such services and any goods or equipment provided as part of the contract and will be free from material defects in workmanship, material and design under normal use. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than the Service provider/contractor.
The Service provider/contractor warrants the services/construction furnished under this Contract conforms to the specifications and to be free from damage and defects in workmanship or materials. This warranty is without prejudice to any further guarantees that the service provider/contractor provides to purchasers. Such guarantees shall apply to the services and works subject to this Contract.
The Service provider/contractor shall allow any external auditor authorised by GOAL to verify, by examining the documents and to make copies thereof or by means of on-the-spot checks of original documents, the implementation of the contract and conduct a full audit, if necessary, on the basis of supporting documents for the accounts, accounting documents and any other document relevant to the financing of the project. The Service provider/contractor shall ensure that on-the-spot access is available at all reasonable times. The Service provider/contractor shall ensure that the information is readily available at the moment of the audit and if so requested, that the data be handed over in an appropriate form. These inspections may take place up to 7 years after the final payment.
Furthermore, the Service provider/contractor shall allow any external auditor authorised by GOAL carrying out verifications as required to carry out checks and verification on the spot in accordance with the procedures set out by the donor or in the European Union legislation for the protection of the financial interests of the European Union against fraud and other irregularities.
To this end, the Service provider/contractor undertakes to give appropriate access to any external auditor authorised by GOAL carrying out verifications as required to the sites and locations at which the project is implemented, including its information systems, as well as all documents and databases concerning the technical and financial management of the action and to take all steps to facilitate their work. Access given to agents of any external auditor authorised by GOAL carrying out verifications shall be on the basis of confidentiality with respect to third parties, without prejudice to the obligations of public law to which they are subject. Documents must be easily accessible and filed so as to facilitate their examination and the Service provider/contractor must inform GOAL of their precise location.
The Service provider/contractor guarantees that the rights of any external auditor authorised by the GOAL carrying out verifications as required to carry out audits, checks and verification shall be equally applicable, under the same conditions and according to the same rules as those set out in this Article, to the Service provider/contractor's partners, and subcontractors. Where a partner or subcontractor is an international organisation, any verification agreement concluded between such organisation and the donor applies.
GOAL, its donors or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the service provider/contractor which are directly pertinent to the specific program for the purpose of making audits, examinations, excerpts and transcriptions
If any rules of origin and nationality are applicable due to donor requirements, limiting the eligible countries for goods, legal and natural persons, such rules shall be stated or referred to in the contract document. In such instances the service provider/contractor must adhere to these rules and be able to document and certify the origin of goods and nationality of legal and natural persons as required.
Failure to comply with this obligation shall lead, after formal notice, to termination of the contract, and GOAL is entitled to recover any loss from the service provider/contractor and is not obliged to make any further payments to the service provider/contractor
The duly accredited representatives of GOAL or the donor shall have the right to inspect the works goods called for under this Contract at Service provider/contractor’s stores, during manufacture, in the ports or places of shipment, and the Service provider/contractor shall provide all facilitates for such inspection. GOAL may issue a written waiver of inspection at its discretion. Any inspection carried out by representatives of GOAL or the donor or any waiver thereof shall not prejudice the implementation of the other relevant provisions of this Contract concerning obligations subscribed by the Service provider/contractor, such as warranty or specifications.
Force Majeure shall mean Acts of God, strikes, lockouts, discontinuation or termination of donor funding, laws or regulations of operating country, industrial disturbances, acts of the public enemy, civil disturbances, act of war (whether declared or not), explosions blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, and any other similar unforeseeable events which are beyond the parties' control and cannot be overcome by due diligence.
In the event of and as soon as possible and no later than fifteen (15) days after the occurrence of any cause constituting Force Majeure, the Service provider/contractor shall give notice and full particulars in writing to GOAL of such occurrence or change if the Service provider/contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Service provider/contractor shall also notify GOAL of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this article, GOAL shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Service provider/contractor of a reasonable extension of time in which to perform its obligations under this Contract, or termination of the Contract if any delay will force an extension to the delivery schedule.
Notwithstanding anything to the contrary in this Contract, the Service provider/contractor recognizes that the work and services may be performed under harsh or hostile conditions caused by civil unrest. Consequently, delays or failure to perform caused by events arising out of, or in connection with, such civil unrest shall not, in itself, constitute Force Majeure under this contract.
In case the contractor fails to comply with any term of the Contract, including but not limited to failure or refusal to perform the service/works within the time limit specified, they shall be liable for all damages sustained by GOAL, and GOAL may procure the service/works from other sources and hold the contractor responsible for any excess cost occasioned thereby. GOAL may collect damages from the contractor in lieu of purchasing the service/works from other sources. GOAL may by written notice terminate the right of the contractor to proceed with the contract or such part or parts thereof as to which there has been default, or if any service delivery is late, GOAL may cancel such part or the entire Contract.
In the case of services performed on the basis of specifications, outcome, pilot or combination thereof, GOAL shall have the right to reject the services or any part thereof if they do not conform with the terms of the Contract in the opinion of GOAL or is not performed or delivered in due time.
When the services or works or any part thereof have been rejected, GOAL shall have the right, without prejudice to the provisions of Article 9, to demand from the Service provider/contractor the immediate re-performance or delivery of acceptable services or works in replacement thereof in accordance with the contract or to purchase other similar services or works elsewhere and to claim from the Service provider/contractor the amount of loss or damages sustained by reason of the default.
Goods or any other part of any works or services, including any built structure thereof in GOAL's possession or at a GOAL programme site which have been rejected by GOAL must be removed or destroyed and removed at the Service provider/contractor's expense within such period as GOAL may specify in its notice of rejection.
After such notice has been dispatched to the Service provider/contractor, the Goods or any other part of any works or services, including any built structure thereof will be held at the latter's risk. Should the Service provider/contractor fail to remove the goods, part of any works or services or built structure as required by the notice of rejection, GOAL may dispose of them, without any liability to the Service provider/contractor whatsoever, in such manner as it deems fit and may charge the cost of removal to the Service provider/contractor.
No change in or modification of this Contract shall be made except by prior agreement between GOAL and the Service provider/contractor.
The Service provider/contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Service provider/contractor’s rights, claims or obligations under this Contract except with the prior written consent of GOAL.
Should the Service provider/contractor become insolvent or should control of the Service provider/contractor change by virtue of insolvency, GOAL may without prejudice to any other rights or remedies, terminate this Contract by giving the Service provider/contractor written notice of termination.
The Service provider/contractor shall invoice GOAL and the terms of payment shall be thirty (30) working days after GOAL has internally confirmed acceptance of services/works and presentation of a legal invoice.
The Service provider/contractor shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010 and the United States Foreign Corrupt Practices Act 1977 (“Relevant Requirements”).
The Service provider/contractor shall have and maintain in place throughout the term of any contract with GOAL its own policies and procedures to ensure compliance with the Relevant Requirements.
No monies are payable to GOAL by the Service provider/contractor in association with the execution of this contract. If the Service provider/contractor is approached by a GOAL member of staff for a payment, commission, ‘kickback’ or associated payment or any other advantage of any kind, they are obliged to report the request or payment directly to GOAL’s Country Director within thirty-six hours. Failure to report any request for payment by a GOAL member of staff or actual payment by the Service provider/contractor to a GOAL member of staff to the GOAL Country Director shall result in the immediate termination of any contract and may result in disqualification of the Service provider/contractor from participation in future contracts with GOAL.
The Service provider/contractor guarantees that it is not engaged in the sale or manufacture, either directly or indirectly, of anti-personnel mines or any components produced primarily for the operation thereof. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Service provider/contractor, at no cost to GOAL.
The Service provider/contractor represents and warrants that neither it, nor any of its service provider/contractors is engaged in any practice inconsistent with the following code of conduct for service provider/contractors: Employment is freely chosen, freedom of association and the right to collective bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed, any harm to the environment shall be avoided or limited. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Service provider/contractor, at no cost to GOAL. The service provider/contractor must adhere to the principles of humanitarian aid.
The Service provider/contractor warrants that no official of GOAL has received or will be offered by the Service provider/contractor any direct or indirect benefit arising from this Contract or the award thereof. The Service provider/contractor will notify GOAL immediately in case any official from GOAL requests any unofficial, or additional payment, or gift to their personal account. The Service provider/contractor agrees that breach of this provision is a breach of an essential term of this Contract.
This Contract supersedes all communications, representations, arrangements, negotiations, requests for proposals and proposals related to the subject matter of this Contract.
The Service provider/contractor warrants that the use or supply by GOAL of the services sold under this Contract does not infringe on any patent, design, trade name or trade-mark.
In addition, the Service provider/contractor shall, pursuant to this warranty, indemnify, defend and hold GOAL harmless from any actions or claims brought against GOAL pertaining to the alleged infringement of a patent, design, trade name or trademark arising in connection with the goods sold under this Contract.
All maps, drawings, photographs, plans, reports, recommendations, estimates, documents, and all other data compiled by or received by the Service provider/contractor under this Contract shall be the property of GOAL, and shall be treated as confidential and shall be delivered only to GOALs authorized officials on completion of work under this Contract
Unless authorised in writing by GOAL, the Service provider/contractor shall not advertise or otherwise make public the fact that he is a Service provider/contractor to GOAL or use the name, emblem or official seal of GOAL or any abbreviation of the name of GOAL for advertising purposes or for any other purposes.
GOAL shall be entitled to all property rights including but not limited to patents, copyrights and trademarks, with regard to material which bears a direct relation to, or is made in consequence of, the services provided to the organisation by the Service provider/contractor. At the request of GOAL, the Service provider/contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such property rights transferring them to the organisation in compliance with the requirements of the applicable law.
Title to any equipment and supplies which may be furnished by GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Service provider/contractor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Service provider/contractor, subject to normal wear and tear.
Title to any equipment and supplies that may be furnished by GOAL shall rest with GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Service provider/contractor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Service provider/contractor, subject to normal wear and tear. The Service provider/contractor shall be liable to compensate GOAL for equipment determined to be damaged or degraded beyond normal wear and tear.
The Service provider/contractor shall pack any goods with new, sound materials and with every care, in accordance with the normal commercial standards of export packing for the type of goods specified herein. Such packing materials used must be adequate to safeguard the goods while in transit. The Service provider/contractor shall be responsible for any damage or loss that can be shown to have resulted from faulty or inadequate packing.
All services and works shall be delivered at the agreed place of delivery as stated in the Contract, at the Service provider/contractor's risk, unless otherwise provided for in the Contract.
The service provider/contractor shall provide and thereafter maintain for the duration of this contract and any extension thereof all appropriate workmen’s compensation insurance or its equivalent with respect to its employees to cover claims for personal injury and death in connection with this contract. The service provider/contractor shall, upon request, furnish proof to the satisfaction of the GOAL, of such liability insurance. The service provider/contractor shall further provide such health and medical insurance for its agents and employees, as the service provider/contractor may consider advisable. The service provider will in all cases ensure they have third party liability cover for the duration of the contract.
The Supplier agrees to indemnify, hold and save GOAL harmless and defend at its own expense GOAL, its officers, agents and employees from and against all suits, claims, demands and liability of whatever nature or kind, including costs and expenses thereof and liability arising there from, with respect to, arising from or attributable to acts or omissions of the Supplier or its employees or sub-contractors in or relating to the performance of this Contract. This provision shall extend to, but shall not be limited to, product liability claims.
GOAL will promptly notify the Supplier of any such suit, claim, proceeding, demand or liability within a reasonable period of time after having received written notice thereof, and will reasonably cooperate with the Supplier, at the Supplier’s expense, in the investigation, defence or settlement thereof, subject to the privileges and immunities of GOAL.
The Supplier shall not permit any lien, attachment or other encumbrance by any person or entity to remain on file in any public or official office or on file with GOAL 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 Supplier.
Either party may cancel this Contract before the expiry date of the Contract by giving notice in writing to the other party. The period of notice shall be 5 days in the case of contracts with a total period of less than two months or 14 days in the case of contracts with a longer period.
In the event of the Contract being terminated prior to its due expiry date in this way, the Service provider/contractor shall be compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction of GOAL. Additional costs incurred by GOAL resulting from the termination of the Contract by the Service provider/contractor may be withheld from any amount otherwise due to the Service provider/contractor from GOAL.
This contract shall be automatically terminated, and the Service provider/contractor shall have no right to any form of compensation, if it emerges that the award or execution of the contract has given rise to unusual commercial expenses.
Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified, or commissions paid to a company which has every appearance of being a front company
GOAL reserves the right to withhold payments while any investigation is taking place into suspected wrongdoing or breaches of policy. GOAL reserves the right to make no payment of sums due (even when goods or services have been supplied), in instances where wrongdoing is present.
The service provider/contractor hereby acknowledges that it shall comply with all applicable requirements of The General Data Protection Regulation (EU 2016/679); The Data Protection Acts 1988-2018; and The E-Privacy Directive 2002/58/EC, as amended from time to time (the “Data Protection Legislation”) should Personal Data be accessed, viewed or in any way Processed by the Supplier. If during the term of the Contract it is contemplated that the Supplier will Process Personal Data, the Supplier shall only engage in such Processing where a data processing agreement has been put in place. GOAL reserves the right to rescind any Contract should the Supplier’s data protection and security procedures be considered (in GOAL’s sole opinion) non-compliant with the Data Protection Legislation. Defined terms in this clause 31 will have the meaning set out in the Data Protection Legislation as defined above.
The Supplier shall not advertise or otherwise make public the fact that he is a Supplier to GOAL without specific approval from GOAL. Nor shall the Supplier in any manner whatsoever use the name of GOAL, or any abbreviation thereof, in connection with his business or otherwise. Non-observance of these conditions shall entitle GOAL to cancel the Contract, or any part thereof, and to hold the Supplier liable for any damages which GOAL has sustained as a result thereof.
Any claim or controversy arising out of or relating to this or any contract resulting here from, or to the breach termination or invalidity thereof, shall be, unless settled amicably through negotiation, submitted to arbitration in accordance with Irish law.
The parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of or in connection with this Contract including any disputes regarding the existence, validity or termination. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.
Unless, any such dispute, controversy or claim between the parties arising out of or relating to this Contract or the breach, existence, termination or invalidity thereof is settled amicably under the preceding paragraph of this article within sixty (60) days after receipt by one party of the other party's request for such amicable settlement, such dispute, controversy or claim shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration rules as at present in force, including its provision on applicable law. The place of arbitration shall be Ireland and the language to be used in the proceedings shall be English. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in this Contract, the arbitral tribunal shall also have no authority to award interest. The parties shall be bound by any arbitration award rendered as a result of such arbitration and as being the final adjudication of any such dispute, controversy or claim.
GOAL reserves the right to deduct withholding tax from the service provider/contractor's invoice if so required by law. This will apply unless the service provider/contractor has supplied in advance the required documentation proving its exemption from withholding tax (e.g. withholding tax exemption certificate).
These Terms and Conditions shall be governed by the laws of Ireland and subject to the exclusive jurisdiction of the Irish Courts.
When specifically requested by GOAL, a bank guarantee from a well reputed bank acceptable to GOAL in the currency in which the Contract is payable and for an amount to be prescribed by GOAL shall be obtained by the Service provider/contractor at his expense and deposited with GOAL before start of the Contract. In the event of any loss, damage and/or extra costs incurred by GOAL by reason of the Service provider/contractor's default, negligence or failure to perform the terms and conditions of the Contract or any part thereof, that part of any such loss, damage and/or extra costs which is represented by the full or by any lesser amount of such guarantee shall be immediately and initially reimbursable to GOAL from such guarantee without prejudice to its right to hold the Service provider/contractor liable for the full amount of such loss, damage and/or extra cost. The guarantee shall be valid for a period of not less than 30 days after the services or works are confirmed as concluded by GOAL.
Service provider/contractors should as a minimum, comply with all statutory and other legal requirements relating to environmental impacts of their business. Areas which should be considered are:
GOAL has adopted a policy supporting the prohibition of trafficking in persons including the trafficking-related activities for any purpose, including the use of forced labour. Service providers/contractors and their employees, and agents shall not: —
Should the Service provider/contractor become aware of, or suspect, human trafficking activities during the execution of the contract the Contractor must immediately inform GOAL to enable appropriate action to be taken.
In respect to any contract funded by the UK Government the Service provider/contractor is expected to be familiar with the terms of the UK Modern-Slavery Act 2015, and to abide by the conditions of the Act.
Service provider/contractor shall ensure that the information is readily available at the moment of the audit and if so requested, that the data be handed over in an appropriate form. These inspections may take place up to 7 years after the final payment.
Furthermore, the Service provider/contractor shall allow any external auditor authorised by GOAL carrying out verifications as required to carry out checks and verification on the spot in accordance with the procedures set out by the donor or in the European Union legislation for the protection of the financial interests of the European Union against fraud and other irregularities.
To this end, the Service provider/contractor undertakes to give appropriate access to any external auditor authorised by GOAL carrying out verifications as required to the sites and locations at which the project is implemented, including its information systems, as well as all documents and databases concerning the technical and financial management of the action and to take all steps to facilitate their work. Access given to agents of any external auditor authorised by GOAL carrying out verifications shall be on the basis of confidentiality with respect to third parties, without prejudice to the obligations of public law to which they are subject. Documents must be easily accessible and filed so as to facilitate their examination and the Service provider/contractor must inform GOAL of their precise location.
The Service provider/contractor guarantees that the rights of any external auditor authorised by the GOAL carrying out verifications as required to carry out audits, checks and verification shall be equally applicable, under the same conditions and according to the same rules as those set out in this Article, to the Service provider/contractor's partners, and subcontractors. Where a partner or subcontractor is an international organisation, any verification agreement concluded between such organisation and the donor applies.
GOAL, its donors or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the service provider/contractor which are directly pertinent to the specific program for the purpose of making audits, examinations, excerpts and transcriptions
If any rules of origin and nationality are applicable due to donor requirements, limiting the eligible countries for goods, legal and natural persons, such rules shall be stated or referred to in the contract document. In such instances the service provider/contractor must adhere to these rules and be able to document and certify the origin of goods and nationality of legal and natural persons as required.
Failure to comply with this obligation shall lead, after formal notice, to termination of the contract, and GOAL is entitled to recover any loss from the service provider/contractor and is not obliged to make any further payments to the service provider/contractor
The duly accredited representatives of GOAL or the donor shall have the right to inspect the works goods called for under this Contract at Service provider/contractor’s stores, during manufacture, in the ports or places of shipment, and the Service provider/contractor shall provide all facilitates for such inspection. GOAL may issue a written waiver of inspection at its discretion. Any inspection carried out by representatives of GOAL or the donor or any waiver thereof shall not prejudice the implementation of the other relevant provisions of this Contract concerning obligations subscribed by the Service provider/contractor, such as warranty or specifications.
Force Majeure shall mean Acts of God, strikes, lockouts, discontinuation or termination of donor funding, laws or regulations of operating country, industrial disturbances, acts of the public enemy, civil disturbances, act of war (whether declared or not), explosions blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, and any other similar unforeseeable events which are beyond the parties' control and cannot be overcome by due diligence.
In the event of and as soon as possible and no later than fifteen (15) days after the occurrence of any cause constituting Force Majeure, the Service provider/contractor shall give notice and full particulars in writing to GOAL of such occurrence or change if the Service provider/contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Service provider/contractor shall also notify GOAL of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this article, GOAL shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Service provider/contractor of a reasonable extension of time in which to perform its obligations under this Contract, or termination of the Contract if any delay will force an extension to the delivery schedule.
Notwithstanding anything to the contrary in this Contract, the Service provider/contractor recognizes that the work and services may be performed under harsh or hostile conditions caused by civil unrest. Consequently, delays or failure to perform caused by events arising out of, or in connection with, such civil unrest shall not, in itself, constitute Force Majeure under this contract.
In case the contractor fails to comply with any term of the Contract, including but not limited to failure or refusal to perform the service/works within the time limit specified, they shall be liable for all damages sustained by GOAL, and GOAL may procure the service/works from other sources and hold the contractor responsible for any excess cost occasioned thereby. GOAL may collect damages from the contractor in lieu of purchasing the service/works from other sources. GOAL may by written notice terminate the right of the contractor to proceed with the contract or such part or parts thereof as to which there has been default, or if any service delivery is late, GOAL may cancel such part or the entire Contract.
In the case of services performed on the basis of specifications, outcome, pilot or combination thereof, GOAL shall have the right to reject the services or any part thereof if they do not conform with the terms of the Contract in the opinion of GOAL or is not performed or delivered in due time.
When the services or works or any part thereof have been rejected, GOAL shall have the right, without prejudice to the provisions of Article 9, to demand from the Service provider/contractor the immediate re-performance or delivery of acceptable services or works in replacement thereof in accordance with the contract or to purchase other similar services or works elsewhere and to claim from the Service provider/contractor the amount of loss or damages sustained by reason of the default.
Goods or any other part of any works or services, including any built structure thereof in GOAL's possession or at a GOAL programme site which have been rejected by GOAL must be removed or destroyed and removed at the Service provider/contractor's expense within such period as GOAL may specify in its notice of rejection.
After such notice has been dispatched to the Service provider/contractor, the Goods or any other part of any works or services, including any built structure thereof will be held at the latter's risk. Should the Service provider/contractor fail to remove the goods, part of any works or services or built structure as required by the notice of rejection, GOAL may dispose of them, without any liability to the Service provider/contractor whatsoever, in such manner as it deems fit and may charge the cost of removal to the Service provider/contractor.
No change in or modification of this Contract shall be made except by prior agreement between GOAL and the Service provider/contractor.
The Service provider/contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Service provider/contractor’s rights, claims or obligations under this Contract except with the prior written consent of GOAL.
Should the Service provider/contractor become insolvent or should control of the Service provider/contractor change by virtue of insolvency, GOAL may without prejudice to any other rights or remedies, terminate this Contract by giving the Service provider/contractor written notice of termination.
The Service provider/contractor shall invoice GOAL and the terms of payment shall be thirty (30) working days after GOAL has internally confirmed acceptance of services/works and presentation of a legal invoice.
The Service provider/contractor shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010 and the United States Foreign Corrupt Practices Act 1977 (“Relevant Requirements”).
The Service provider/contractor shall have and maintain in place throughout the term of any contract with GOAL its own policies and procedures to ensure compliance with the Relevant Requirements.
No monies are payable to GOAL by the Service provider/contractor in association with the execution of this contract. If the Service provider/contractor is approached by a GOAL member of staff for a payment, commission, ‘kickback’ or associated payment or any other advantage of any kind, they are obliged to report the request or payment directly to GOAL’s Country Director within thirty-six hours. Failure to report any request for payment by a GOAL member of staff or actual payment by the Service provider/contractor to a GOAL member of staff to the GOAL Country Director shall result in the immediate termination of any contract and may result in disqualification of the Service provider/contractor from participation in future contracts with GOAL.
The Service provider/contractor guarantees that it is not engaged in the sale or manufacture, either directly or indirectly, of anti-personnel mines or any components produced primarily for the operation thereof. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Service provider/contractor, at no cost to GOAL.
The Service provider/contractor represents and warrants that neither it, nor any of its service provider/contractors is engaged in any practice inconsistent with the following code of conduct for service provider/contractors: Employment is freely chosen, freedom of association and the right to collective bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed, any harm to the environment shall be avoided or limited. Any breach of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Service provider/contractor, at no cost to GOAL. The service provider/contractor must adhere to the principles of humanitarian aid.
The Service provider/contractor warrants that no official of GOAL has received or will be offered by the Service provider/contractor any direct or indirect benefit arising from this Contract or the award thereof. The Service provider/contractor will notify GOAL immediately in case any official from GOAL requests any unofficial, or additional payment, or gift to their personal account. The Service provider/contractor agrees that breach of this provision is a breach of an essential term of this Contract.
This Contract supersedes all communications, representations, arrangements, negotiations, requests for proposals and proposals related to the subject matter of this Contract.
The Service provider/contractor warrants that the use or supply by GOAL of the services sold under this Contract does not infringe on any patent, design, trade-name or trade-mark.
In addition, the Service provider/contractor shall, pursuant to this warranty, indemnify, defend and hold GOAL harmless from any actions or claims brought against GOAL pertaining to the alleged infringement of a patent, design, trade-name or trade-mark arising in connection with the goods sold under this Contract.
All maps, drawings, photographs, plans, reports, recommendations, estimates, documents, and all other data compiled by or received by the Service provider/contractor under this Contract shall be the property of GOAL, and shall be treated as confidential and shall be delivered only to GOALs authorized officials on completion of work under this Contract
Unless authorised in writing by GOAL, the Service provider/contractor shall not advertise or otherwise make public the fact that he is a Service provider/contractor to GOAL or use the name, emblem or official seal of GOAL or any abbreviation of the name of GOAL for advertising purposes or for any other purposes.
GOAL shall be entitled to all property rights including but not limited to patents, copyrights and trademarks, with regard to material which bears a direct relation to, or is made in consequence of, the services provided to the organisation by the Service provider/contractor. At the request of GOAL, the Service provider/contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such property rights transferring them to the organisation in compliance with the requirements of the applicable law.
Title to any equipment and supplies which may be furnished by GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Service provider/contractor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Service provider/contractor, subject to normal wear and tear.
Title to any equipment and supplies that may be furnished by GOAL shall rest with GOAL and any such equipment shall be returned to GOAL at the conclusion of this Contract or when no longer needed by the Service provider/contractor. Such equipment, when returned to GOAL, shall be in the same condition as when delivered to the Service provider/contractor, subject to normal wear and tear. The Service provider/contractor shall be liable to compensate GOAL for equipment determined to be damaged or degraded beyond normal wear and tear.
The Service provider/contractor shall pack any goods with new, sound materials and with every care, in accordance with the normal commercial standards of export packing for the type of goods specified herein. Such packing materials used must be adequate to safeguard the goods while in transit. The Service provider/contractor shall be responsible for any damage or loss that can be shown to have resulted from faulty or inadequate packing.
All services and works shall be delivered at the agreed place of delivery as stated in the Contract, at the Service provider/contractor's risk, unless otherwise provided for in the Contract.
The service provider/contractor shall provide and thereafter maintain for the duration of this contract and any extension thereof all appropriate workmen’s compensation insurance or its equivalent with respect to its employees to cover claims for personal injury and death in connection with this contract. The service provider/contractor shall, upon request, furnish proof to the satisfaction of the GOAL, of such liability insurance. The service provider/contractor shall further provide such health and medical insurance for its agents and employees, as the service provider/contractor may consider advisable. The service provider will in all cases ensure they have third party liability cover for the duration of the contract.
The Supplier agrees to indemnify, hold and save GOAL harmless and defend at its own expense GOAL, its officers, agents and employees from and against all suits, claims, demands and liability of whatever nature or kind, including costs and expenses thereof and liability arising there from, with respect to, arising from or attributable to acts or omissions of the Supplier or its employees or sub-contractors in or relating to the performance of this Contract. This provision shall extend to, but shall not be limited to, product liability claims.
GOAL will promptly notify the Supplier of any such suit, claim, proceeding, demand, or liability within a reasonable period of time after having received written notice thereof, and will reasonably cooperate with the Supplier, at the Supplier’s expense, in the investigation, defence or settlement thereof, subject to the privileges and immunities of GOAL.
The Supplier shall not permit any lien, attachment or other encumbrance by any person or entity to remain on file in any public or official office or on file with GOAL 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 Supplier.
Either party may cancel this Contract before the expiry date of the Contract by giving notice in writing to the other party. The period of notice shall be 5 days in the case of contracts with a total period of less than two months or 14 days in the case of contracts with a longer period.
In the event of the Contract being terminated prior to its due expiry date in this way, the Service provider/contractor shall be compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction of GOAL. Additional costs incurred by GOAL resulting from the termination of the Contract by the Service provider/contractor may be withheld from any amount otherwise due to the Service provider/contractor from GOAL.
This contract shall be automatically terminated, and the Service provider/contractor shall have no right to any form of compensation, if it emerges that the award or execution of the contract has given rise to unusual commercial expenses.
Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified, or commissions paid to a company which has every appearance of being a front company
GOAL reserves the right to withhold payments while any investigation is taking place into suspected wrongdoing or breaches of policy. GOAL reserves the right to make no payment of sums due (even when goods or services have been supplied), in instances where wrongdoing is present.
The service provider/contractor hereby acknowledges that it shall comply with all applicable requirements of The General Data Protection Regulation (EU 2016/679); The Data Protection Acts 1988-2018; and the E-Privacy Directive 2002/58/EC, as amended from time to time (the “Data Protection Legislation”) should Personal Data be accessed, viewed or in any way Processed by the Supplier. If during the term of the Contract it is contemplated that the Supplier will Process Personal Data, the Supplier shall only engage in such Processing where a data processing agreement has been put in place. GOAL reserves the right to rescind any Contract should the Supplier’s data protection and security procedures be considered (in GOAL’s sole opinion) non-compliant with the Data Protection Legislation. Defined terms in this clause 31 will have the meaning set out in the Data Protection Legislation as defined above.
The Supplier shall not advertise or otherwise make public the fact that he is a Supplier to GOAL without specific approval from GOAL. Nor shall the Supplier in any manner whatsoever use the name of GOAL, or any abbreviation thereof, in connection with his business or otherwise. Non-observance of these conditions shall entitle GOAL to cancel the Contract, or any part thereof, and to hold the Supplier liable for any damages which GOAL has sustained as a result thereof.
Any claim or controversy arising out of or relating to this or any contract resulting here from, or to the breach, termination, or invalidity thereof, shall be, unless settled amicably through negotiation, submitted to arbitration in accordance with Irish law.
The parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of or in connection with this Contract including any disputes regarding the existence, validity, or termination. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.
Unless, any such dispute, controversy or claim between the parties arising out of or relating to this Contract or the breach, existence, termination or invalidity thereof is settled amicably under the preceding paragraph of this article within sixty (60) days after receipt by one party of the other party's request for such amicable settlement, such dispute, controversy or claim shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration rules as at present in force, including its provision on applicable law. The place of arbitration shall be Ireland and the language to be used in the proceedings shall be English. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in this Contract, the arbitral tribunal shall also have no authority to award interest. The parties shall be bound by any arbitration award rendered as a result of such arbitration and as being the final adjudication of any such dispute, controversy or claim.
GOAL reserves the right to deduct withholding tax from the service provider/contractor's invoice if so required by law. This will apply unless the service provider/contractor has supplied in advance the required documentation proving its exemption from withholding tax (e.g. withholding tax exemption certificate).
These Terms and Conditions shall be governed by the laws of Ireland and subject to the exclusive jurisdiction of the Irish Courts.
When specifically requested by GOAL, a bank guarantee from a well reputed bank acceptable to GOAL in the currency in which the Contract is payable and for an amount to be prescribed by GOAL shall be obtained by the Service provider/contractor at his expense and deposited with GOAL before start of the Contract. In the event of any loss, damage and/or extra costs incurred by GOAL by reason of the Service provider/contractor's default, negligence or failure to perform the terms and conditions of the Contract or any part thereof, that part of any such loss, damage and/or extra costs which is represented by the full or by any lesser amount of such guarantee shall be immediately and initially reimbursable to GOAL from such guarantee without prejudice to its right to hold the Service provider/contractor liable for the full amount of such loss, damage and/or extra cost. The guarantee shall be valid for a period of not less than 30 days after the services or works are confirmed as concluded by GOAL.
Service provider/contractors should as a minimum, comply with all statutory and other legal requirements relating to environmental impacts of their business. Areas which should be considered are:
GOAL has adopted a policy supporting the prohibition of trafficking in persons including the trafficking-related activities for any purpose, including the use of forced labour. Service providers/contractors and their employees, and agents shall not: —
Should the Service provider/contractor become aware of, or suspect, human trafficking activities during the execution of the contract the Contractor must immediately inform GOAL to enable appropriate action to be taken.
In respect to any contract funded by the UK Government the Service provider/contractor is expected to be familiar with the terms of the UK Modern-Slavery Act 2015, and to abide by the conditions of the Act.
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