[ 01 ]
Purpose and acceptance
These terms govern access to www.ugptn.cd and the use of its online services: consulting publications, filing and tracking a grievance, registering as a bidder and taking part in procurement procedures, requesting information, and subscribing to the newsletter.
Accessing the site constitutes full and unreserved acceptance of these terms. A user who does not accept them shall stop using the site; the project's public documents are then made available to them upon written request addressed to the Unit's offices.
[ 02 ]
The legal framework of your visit
This site is an online public communication service established in the Democratic Republic of the Congo. Its provision and its use fall under Ordinance-Law No. 23/010 of 13 March 2023 enacting the Digital Code, which governs electronic communications, electronic transactions, the protection of personal data and the punishment of offences committed by means of information systems.
By accessing the site, whether from within the country or from abroad, the user comes under that instrument for every act performed on it. To this are added the undertakings given to the World Bank and the Agence française de développement under the financing agreements, in particular as regards disclosure of information, procurement, and the fight against fraud and corruption.
[ 03 ]
Publisher, publication, hosting
- Publisher
- Digital Transformation Project Management Unit (UGPTN), under the authority of the Ministry of Posts, Telecommunications and Digital Affairs — 15 Avenue Pumbu, Immeuble H, Building B, 4th floor, Gombe, Kinshasa.
- Director of publication
- The Unit's National Coordinator, Noël Jean-David Litanga.
- Contact
- info@ugptn.cd — +243 810 000 355
- Host
- Netlify, Inc., San Francisco, United States of America.
- Project financing
- International Development Association (World Bank Group) and Agence française de développement — project P180495.
[ 04 ]
Legal weight of the information published
The site presents the project's information in a readable and structured form. That presentation is editorial work: it has no legal force of its own and replaces no official document.
In the event of a discrepancy between a page of this site and an official document, the official document prevails. Only the following are authoritative: the financing agreement and its amendments, the Project Implementation Manual, procurement notices and bidding documents in their published and signed version, award decisions notified to bidders, and the environmental and social documents cleared by the funders.
Forward-looking figures published here — targets, horizons and orders of magnitude flagged as such — describe the ambition set out in the project's results framework. They constitute neither a contractual commitment nor a promise of outcome, and may be revised under the restructuring procedures provided for in the financing agreement.
[ 05 ]
What you may do with the content
Consulting, quoting and reproducing the content is free for purposes of information, teaching, research or citizen oversight, subject to three conditions: state the source (“UGPTN — PTN-RDC”) and the date of consultation, do not distort the meaning of what is reproduced, and do not present an extract as a position of the Unit once detached from its context.
The following require prior written authorisation: any commercial reuse, any systematic extraction of the content by automated harvesting, and any use liable to suggest a partnership with, an approval by or a recommendation from the Unit.
[ 06 ]
What is prohibited
The following conduct exposes its author to the penalties provided for by the Digital Code and by criminal law, without prejudice to any civil action by the Unit:
- fraudulently accessing or remaining within all or part of the site's information systems, and impeding their operation;
- fraudulently entering, deleting or altering data;
- impersonating a person, a firm or the Unit itself, including by creating sites, accounts or addresses imitating its own;
- filing a knowingly false grievance with the grievance mechanism, and using that mechanism to harm a person's reputation;
- transmitting unlawful content, malicious software or unsolicited communications;
- any manoeuvre intended to distort a procurement procedure or to subvert its timetable.
[ 07 ]
Tenders portal: what a bidder undertakes
Registering on the portal and submitting a bid entail specific undertakings, distinct from those attaching to mere consultation of the site.
- Accuracy of declarations
- The information and documents declared bind the firm and its representative. An inaccurate declaration leads to the rejection of the bid and may ground exclusion from subsequent procedures.
- Fraud and corruption
- Procedures are subject to the World Bank's guidelines on preventing and combating fraud and corruption in the projects it finances. Corrupt, fraudulent, collusive, coercive and obstructive practices are defined and sanctioned therein.
- Eligibility
- A firm or individual debarred by the World Bank, or by an institution bound to it by a cross-debarment agreement, is not eligible. The list of debarred entities is public and is checked before award.
- Equal treatment
- Replies to questions raised on a notice are published to all bidders. No information capable of conferring an advantage is given individually, by whatever channel.
- Challenges
- Challenges relating to a procedure follow the complaints mechanism laid down in the procurement regulations applicable to the financing, within the deadlines it prescribes. Filing a grievance with the GRM does not suspend those deadlines.
[ 08 ]
Intellectual property
The texts, visual identity, diagrams and developments of this site belong to the Unit or have been licensed to it. The arms of the Republic, the emblems of the supervising ministry and the logotypes of the World Bank and of the Agence française de développement remain the property of their holders and may not be reproduced without their own authorisation.
Portraits of team members and photographs taken in the field are published with the agreement of the persons shown, for the sole purposes of the project's communication. Their reuse outside that framework is prohibited.
[ 09 ]
Links and third-party content
The site links to resources maintained by third parties: funders, ministries, document platforms, data portals. The Unit controls neither their content, nor their availability, nor their data practices, and is not answerable for them. A link constitutes neither endorsement nor warranty.
Linking to this site is free, save from sites whose content is prejudicial to the interests of the Republic, to public order or to the dignity of persons.
[ 10 ]
Availability and liability
The service is provided as is. The Unit strives for the accuracy and currency of the information published and corrects, as soon as possible, any error brought to its attention; it warrants neither uninterrupted operation nor freedom from error.
The Unit shall not be liable for any damage arising from an interruption of the service, from a decision taken on the strength of a page of this site alone without checking the corresponding official document, or from a use of the site contrary to these terms.
Nothing in these terms affects, or constitutes a waiver of, the privileges and immunities of the World Bank and its institutions.
[ 11 ]
Personal data
The processing of data collected on this site is described in the privacy policy, which forms an integral part of these terms. It specifies what is collected for each step, who has access to it, how long it is kept, and how to obtain its correction or erasure. Reports of sexual exploitation, abuse and harassment are subject to a reinforced regime set out therein.
[ 12 ]
Governing law and settlement of disputes
These terms are governed by the law of the Democratic Republic of the Congo.
Any dispute arising from their interpretation or performance shall first be submitted in writing to the Unit with a view to an amicable settlement within thirty days of referral. Failing agreement within that period, it falls to the competent courts of Kinshasa/Gombe.
[ 13 ]
Amendment of these terms
These terms may be amended to reflect changes to the site, to the applicable regulations or to the funders' requirements. The version that applies is the one published on the date of access; the date of last revision appears at the head of the page.
