Revised, Updated and final bid document for

Revised, Updated and final bid document for
BIDDING DOCUMENT
for
the
Procurement of
Development of Information and Communication Technology
(ICT)enable integrated online building permission
management system in the State of Andhra Pradesh
IFB No: 009/APMDP/2015/TU
Project: Andhra Pradesh Municipal Development Project
Commissioner & Director of
Municipal Administration,
Hyderabad
Country : India
Issued on : 26.02.2015
iii
Commissioner & Director of Municipal Administration
Andhra Pradesh Municipal Development Project
Invitation for Bids (IFB)
National Competitive Bidding(NCB)
Information Systems
Name of Work : Development of Information and Communication Technology (ICT)
enable integrated online building permission management system in
the State of Andhra Pradesh
Period of availability of
Bidding documents
: From 26-02-2015 11.00 AM
To
Time and date of Pre-bid meeting
16-04-2015 up to 1.00PM
: 18-03-2015 at 11.00 AM
Last date and time for receipt of bids : 16-04-2015 up to 3.00 PM
Time and date of opening the bids
: 16-04-2015 at 3.30 PM
Officer inviting bids
: Project Director,
MSU- APMDP
5th Floor, O/o C&DMA,
A.C Guards , Hyderabad
Tele phone No: 040-23435585
Fax No: 040-23435589
CONTENTS
Table of Clauses .............................................................................................................. 7
Section II. Bid Data Sheet (BDS) ..................................................................................... 43
Section III. Eligible Countries for the Provision of Goods, Works, and Services in
Bank-Financed Procurement ............................................................................................ 52
Section IV. General Conditions of Contract ................................................................... 53
Notes on the General Conditions of Contract (GCC) ..................................................... 53
Table of Clauses ............................................................................................................ 54
Section V. Special Conditions of Contract (SCC) ......................................................... 127
Table of Clauses .......................................................................................................... 127
Section VI. Technical Requirements (including Implementation Schedule)................ 147
Table of Contents: Technical Requirements ................................................................ 147
Section VII. Sample Forms ............................................................................................ 228
Notes to the Purchaser on preparing the Sample Forms................................................ 228
Notes to Bidders on working with the Sample Forms................................................... 231
Table of Sample Forms ............................................................................................... 234
5
Andhra Pradesh Municipal Development Project
Commissioner & Director of Municipal Administration
Government of Andhra Pradesh
Invitation for bids (IFB)
National Competitive Bidding(NCB)
Name of the Project : Andhra Pradesh Municipal Development Project
Name of Country : India
Loan / Credit Number : 7816-IN
IFB Number: 009/APMDP/2015/TU
Assignment Title : Development of Information and Communication Technology (ICT)
enable integrated online building permission management system in the State of Andhra
Pradesh
1.
This Invitation for Bids (IFB) follows the General Procurement Notice (GPN) for this
project that appeared in UNDB online on 755, 31 July 2009 of Notice No. WB2838755.
2.
The Government of Andhra Pradesh has received a loan from the International
Bank for Reconstruction and Development toward the cost of Andhra Pradesh
Municipal Development Project, and it intends to apply part of the proceeds of this
loan to payments under the agreement(s) resulting from this IFB: Total Service
Provider (TSP) for Development Permissions Management System(DPMS) for
Government of Andhra Pradesh. IFB number : 009/APMDP/2015/TU.
3.
The Commissioner & Director of Municipal Administration has invited sealed bids
from eligible Bidders for Development of Information and Communication
Technology (ICT) enable integrated online building permission management system
in the State of Andhra Pradesh. The implementing agency is Director of Town and
Country Planning.
4.
Bidding will be conducted using the National Competitive Bidding (NCB) procedures
specified in the World Bank’s Guidelines: Procurement under IBRD Loans and IDA
Credits, edition of, revised October 16 and May 1, 2006 and is open to all Bidders
eligible as defined in these Guidelines, that meet the minimum qualification criteria.
5.
Interested eligible Bidders may obtain further information from The Director of Town
and Country Planning, Hyderabad and inspect the bidding documents at the address
given below from 10.30 AM to 5.00 PM on all working days. A pre-bid meeting
which potential bidders may attend will be held on 18-03-2015 at 11.00 AM.
6
Section I. Instructions to Bidders
6.
A complete set of bidding documents in English may be downloaded from
www.cdma.ap.gov.in . The downloadable version of the bidding documents, and any
addenda to it, will be the binding one. As an alternative, a hard copy set of the
bidding documents may be purchased by interested Bidders on submission of a
written application to the address below and upon payment of a nonrefundable fee of
Rs, 25,000 (Twenty Five thousand only). The method of payment will be by way of
Demand Draft in favour of Project Director, APMDP payable at Hyderabad. The
document will be sent by Post on written request by the bidder to the address given
below on receipt of payment towards document charges.
7.
Bids must be delivered to the address below at or before 3.00 PM on 16-04-2015 .
"Bids need to be secured by Bid Security requires and amount of Rs.40,00,000.00
in the shape of unconditional Bank Guarantee from any Nationalized/Scheduled
Bank. Late bids will be rejected. Bids will be opened in the presence of Bidders’
representatives who choose to attend at the address below.
8.
The attention of prospective Bidders is drawn to (i) the fact that they will be required
to certify in their bids that all software is either covered by a valid license or was
produced by the Bidder and (ii) that violations are considered fraud, which can result
in ineligibility to be awarded World Bank-financed contracts.
Sri P.Thimma Reddy
Director of Town and Country Planning
Government of Andhra Pradesh,
2nd Floor, Mythri Vihar, Ameerpet, Hyderabad - 500038, India.
Office: 040-23731091,
Fax: 040-23731094,
Mobile: 7702100228.
Email:- [email protected],
[email protected]
Section I. Instructions to Bidders
7
Table of Clauses
A. General ........................................................................................................................... 9
1.
2.
3.
4.
5.
6.
7.
8.
Scope of Bid and Bidding Process........................................................................... 9
Source of Funds ...................................................................................................... 9
Fraud and Corruption ............................................................................................ 10
Eligible Bidders .................................................................................................... 12
Eligible Goods and Services.................................................................................. 13
Qualifications of the Bidder .................................................................................. 14
Cost of Bidding ..................................................................................................... 17
Site Visit ............................................................................................................... 17
B. The Bidding Documents .............................................................................................. 17
9.
10.
11.
Content of Bidding Documents ............................................................................. 17
Clarification of Bidding Documents and Pre-bid Meeting ..................................... 18
Amendment of Bidding Documents ...................................................................... 19
C. Preparation of Bids ...................................................................................................... 19
12.
13.
14.
15.
16.
17.
18.
19.
Language of Bid ................................................................................................... 19
Documents Comprising the Bid ............................................................................ 19
Bid Prices ............................................................................................................. 21
Bid Currencies ...................................................................................................... 24
Documents Establishing the Conformity of the Information System to the Bidding
Documents ............................................................................................................ 24
Securing the Bid ................................................................................................... 25
Period of Validity of Bids ..................................................................................... 27
Format and Signing of Bid .................................................................................... 28
D. Submission of Bids ....................................................................................................... 28
20.
21.
22.
23.
Sealing and Marking of Bids ................................................................................. 28
Deadline for Submission of Bids ........................................................................... 29
Late Bids .............................................................................................................. 29
Withdrawal, Substitution, and Modification of Bids .............................................. 29
E. Bid Opening and Evaluation ....................................................................................... 30
24.
25.
26.
27.
28.
29.
30.
Opening of Bids by Purchaser ............................................................................... 30
Clarification of Bids .............................................................................................. 31
Preliminary Examination of Bids .......................................................................... 32
Conversion to Single Currency ............................................................................. 33
Evaluation and Comparison of Bids ...................................................................... 33
Domestic Preference ............................................................................................. 38
Contacting the Purchaser....................................................................................... 38
F. Postqualification and Award of Contract ................................................................... 39
31.
32.
33.
Postqualification ................................................................................................... 39
Award Criteria ...................................................................................................... 39
Purchaser’s Right to Vary Quantities at Time of Award ........................................ 39
8
Section I. Instructions to Bidders
34.
35.
36.
37.
38.
Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids ..................... 40
Notification of Award ........................................................................................... 40
Signing of Contract ............................................................................................... 41
Performance Security............................................................................................ 41
Adjudicator........................................................................................................... 41
Section I. Instructions to Bidders
9
Instructions to Bidders
A. GENERAL
1. Scope of Bid
and Bidding
Process
2. Source of
Funds
1.1
The Purchaser named in the BDS and the SCC for GCC Clause
1.1 (b) (i), or its duly authorized Purchasing Agent if so
specified in the BDS (interchangeably referred to as “the
Purchaser” in these Bidding Documents), invites bids for the
supply and installation of the Information System (IS), as briefly
described in the BDS and specified in greater detail in these
Bidding Documents.
1.2
The title and identification number of the Invitation for Bids
(IFB) and resulting Contract(s) are provided in the BDS.
1.3
Throughout the Bidding Documents, the term "in writing" means
communicated in written form (e.g. by mail, e-mail, fax, telex)
with proof of receipt, and the term "days" means calendar days
unless a different meaning is evident from the context.
1.4
If the BDS so provides, alternative procedures forming part or
all of what is commonly known as e-Tendering are available to
the extent specified in, or referred to by, the BDS.
2.1
The Borrower named in the BDS has applied for or received a
loan or credit (as identified in the BDS, and called a “loan” in
these Bidding Documents) from the International Bank for
Reconstruction and Development or the International
Development Association (called “the Bank” in these Bidding
Documents) equivalent to the amount indicated in the BDS
toward the cost of the Project specified in the BDS. The
Borrower intends to apply a portion of the proceeds of this loan
to eligible payments under the Contract for which these Bidding
Documents are issued.
2.2
Payment by the Bank will be made only at the request of the
Borrower, or the Borrower’s executing agency, and upon
approval by the Bank in accordance with the terms and
conditions of the Loan Agreement, and will be subject in all
respects to the terms and conditions of that agreement. The
Loan Agreement prohibits a withdrawal from the loan account
for the purpose of any payment to persons or entities, or for any
import of goods, if such payment or import, to the knowledge of
the Bank, is prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations. No party other than the Borrower shall derive
any rights from the Loan Agreement or have any claim to the
10
Section I. Instructions to Bidders
loan proceeds.
3. Fraud and
Corruption
3.1
It is the Bank’s policy to require that Borrowers (including
beneficiaries of Bank loans), as well as bidders, suppliers, and
contractors and their subcontractors under Bank-financed
contracts, observe the highest standard of ethics during the
procurement and execution of such contracts.1 In pursuance of
this policy, the Bank:
(a)
defines, for the purposes of this provision, the terms set
forth below as follows:
(i)
“corrupt practice”2 is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of another
party;
(ii)
“fraudulent practice”3 is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice”4 is an arrangement between two
or more parties designed to achieve an improper
purpose, including to influence improperly the
actions of another party;
(iv) “coercive practice”5 is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
(v)
“obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
1
In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the
procurement process or contract execution for undue advantage is improper.
2
“Another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
3
A “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
4
“Parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
5
A “party” refers to a participant in the procurement process or contract execution.
Section I. Instructions to Bidders
11
investigators in order to materially impede a
Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation; or
(bb) acts intended to materially impede the exercise
of the Bank’s inspection and audit rights
provided for under sub-clause 3.1 (e) below.
(b)
will reject a proposal for award if it determines that the
bidder recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive
or obstructive practices in competing for the contract in
question;
(c)
will cancel the portion of the loan allocated to a contract if
it determines at any time that representatives of the
Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive, or coercive practices during
the procurement or the execution of that contract, without
the Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when
they occur;
(d)
will sanction a firm or individual, including declaring
ineligible, either indefinitely or for a stated period of time,
to be awarded a Bank-financed contract if it at any time
determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for, or in executing, a
Bank-financed contract; and
(e)
will have the right to require that a provision be included
in bidding documents and in contracts financed by a Bank
loan, requiring bidders, suppliers, and contractors and
their sub-contractors to permit the Bank to inspect their
accounts and records and other documents relating to the
bid submission and contract performance and to have
them audited by auditors appointed by the Bank.
3.2
Furthermore, Bidders shall be aware of the provision stated in
Clause 9.8 and Clause 41.2 of the General Conditions of Contract.
3.3
Any communications between the Bidder and the Purchaser
related to matters of alleged fraud or corruption must be made in
12
Section I. Instructions to Bidders
writing.
4. Eligible
Bidders
3.4
By signing the Bid Submission Form, the Bidder represents that
it either is the owner of the Intellectual Property Rights in the
hardware, software or materials offered, or that it has proper
authorization and/or license to offer them from the owner of
such rights. For the purpose of this Clause, Intellectual Property
Rights shall be as defined in GCC Clause 1.1 (c) (xvii). Willful
misrepresentation of these facts shall be considered a fraudulent
practice subject to the provisions of Clauses 3.1 through 3.4
above, without prejudice of other remedies that the Purchaser
may take.
4.1
A Bidder, and all parties constituting the Bidder, may have the
nationality of any country, subject to the restrictions specified in
Section III, Eligible Countries. A Bidder shall be deemed to
have the nationality of a country if the Bidder is a citizen or is
constituted, incorporated, or registered and operates in
conformity with the provisions of the laws of that country.
4.2
If a prequalification process has been undertaken for the
Contract(s) for which these Bidding Documents have been
issued, only those Bidders may participate that had been
prequalified and continue to meet the eligibility criteria of this
Clause. A prequalified Joint Venture may not change partners
or its structure when submitting a bid.
4.3
A firm may be excluded from bidding if:
(a)
it was engaged by the Purchaser to provide consulting
services for the preparation of the design, specifications, or
other documents to be used for the procurement of the
Information System described in these Bidding
Documents; or
(b)
it is a government-owned enterprise in the Borrower’s
country, unless it can establish that it (i) is legally and
financially autonomous and (ii) operates under commercial
law. No dependent agency of the Borrower or SubBorrower shall be permitted to bid.
4.4
A firm that has been determined to be ineligible by the Bank in
relation to the Bank Guidelines On Preventing and Combating
Fraud and Corruption in Projects Financed by IBRD Loans and
IDA Credits and Grants shall be not be eligible to be awarded a
contract.
4.5
A firm or individual is or will be disqualified from participation
Section I. Instructions to Bidders
13
in this bidding if, at any time from advertisement of the bidding
until and including contract award, the firm or individual is
under:
5. Eligible Goods
and Services
(a)
a suspension by the Purchaser agreed by the Bank as a
result of execution of a Bid-Securing Declaration pursuant
to ITB Clause 17.6 in another Bank-financed procurement,
or under a suspension by the Purchaser for other reasons
that have been agreed by the Bank; or
(b)
a declaration of ineligibility by the Bank in accordance
with ITB Clause 3.1 (d). The list of individuals and firms
debarred from participating in World Bank projects is
available at http://www.worldbank.org/debarr/, or
(c)
a sanction imposed by the United Nations Security
Council, as mentioned in ITB Clause 2.2.
4.6
A firm or other entity that is ineligible according to any of the
above provisions of this Clause, may also not participate as a
Joint Venture partner, or as Subcontractor for or supplier of
goods, works or services.
If a bid becomes materially
incomplete after removing ineligible entities, the bid may be
disqualified.
4.7
Bidders shall provide such evidence of their continued eligibility
satisfactory to the Purchaser, as the Purchaser shall reasonably
request.
5.1
For the purposes of these Bidding Documents, the Information
System means all:
5.2
(a)
the required information technologies, including all
information processing and communications-related
hardware, software, supplies, and consumable items that
the Supplier is required to supply and install under the
Contract, plus all associated documentation, and all other
materials and goods to be supplied, installed, integrated,
and made operational (collectively called “the Goods” in
some clauses of the ITB); and
(b)
the related software development, transportation,
insurance,
installation,
customization,
integration,
commissioning, training, technical support, maintenance,
repair, and other services necessary for proper operation of
the Information System to be provided by the selected
Bidder and as specified in the Contract.
Funds from Bank loans are disbursed only for expenditures for
14
Section I. Instructions to Bidders
an Information System made up of goods and services provided
by nationals of, and produced in or supplied from, eligible
source countries as defined in Section III, Eligible Countries.
An Information System is deemed to be produced in a certain
country when, in the territory of that country, through software
development, manufacturing, or substantial and major assembly
or integration of components, a commercially recognized
product results that is substantially different in basic
characteristics or in purpose or utility from its components.
6. Qualifications
of the Bidder
5.3
For purposes of this clause, the nationality of the Bidder is
distinct from the country in which the Information System and
its goods components are produced or from which the related
services are supplied.
6.1
By submission of documentary evidence in its bid, the Bidder
must establish to the Purchaser’s satisfaction:
(a)
that it has the financial, technical, and production
capability necessary to perform the Contract, meets the
qualification criteria specified in the BDS, and has a
successful performance history. If a prequalification
process has been undertaken for the Contract(s) for which
these Bidding Documents have been issued, the Bidder
shall, as part of its bid, update any information submitted
with its application for prequalification;
(For the purposes of establishing a Bidder’s qualifications,
and unless stated to the contrary in the BDS, the
experience and / or resources of any Subcontractor will
not contribute to the Bidder’s qualifications; only those of
a Joint Venture partner will be considered.)
(b)
that, in the case of a Bidder offering to supply key goods
components of the Information System, as identified in
the BDS, that the Bidder does not itself produce, the
Bidder is duly authorized by the producer to supply those
components in the Purchaser’s country under the
Contract(s) that may result from this bidding; (This will be
accomplished by including Manufacturer’s Authorizations
in the bid, based on the sample found in Section VII.)
(c)
that, if a Bidder proposes Subcontractors for key services
if and as identified in the BDS, these Subcontractors
have agreed in writing to serve for the Bidder under the
Contract(s) that may result from this bidding; and
(d)
that, in the case of a Bidder not doing business within the
Section I. Instructions to Bidders
15
Purchaser’s country, the Bidder is or will be (if awarded
the Contract) represented by an Agent in that country who
is equipped and able to carry out the Bidder’s
maintenance, technical support, training, and repair
obligations prescribed in the General and Special
Conditions of Contract, and/or Technical Requirements.
6.2
6.3
Bids submitted by a Joint Venture of two or more firms as
partners shall also comply with the following requirements:
(a)
the bid shall be signed so as to be legally binding on all
partners;
(b)
one of the partners shall be nominated as being in charge,
and this nomination shall be evidenced by submitting a
power of attorney signed by legally authorized signatories
of all the partners;
(c)
the partner in charge shall be authorized to incur liabilities
and receive instructions for and on behalf of any and all
partners of the Joint Venture, and the entire execution of
the Contract, including payment, shall be done exclusively
with the partner in charge;
(d)
the partner or combination of partners that is responsible
for a specific component of the Information System must
meet the relevant minimum qualification criteria for that
component;
(e)
a firm may submit bids either as a single Bidder on its
own, or as partner in one, and only one, Joint Venture. If,
as a result of the bid opening pursuant to ITB Clause 24,
this requirement is not met, all bids involving the firm as a
single Bidder or Joint Venture partner will be disqualified;
(f)
all partners of the Joint Venture shall be liable jointly and
severally for the execution of the Contract in accordance
with the Contract terms, and a statement to this effect shall
be included in the authorization mentioned under ITB
Clause 6.2 (b) above, in the bid as well as in the Contract
(in case of a successful bid).
If a Bidder intends to subcontract major items of supply or
services, it shall include in the bid details of the name and
nationality of the proposed Subcontractor for each of those items
and shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of ITB Clause 4, and
that any Goods or Services components of the Information
16
Section I. Instructions to Bidders
System to be provided by the Subcontractor comply with the
requirements of ITB Clause 5 and the related evidence required
by ITB Clause 13.1 (e) (iii) is submitted. Bidders are free to list
more than one Subcontractor against each item. Quoted rates
and prices will be deemed to apply, whichever Subcontractor is
appointed, and no adjustment of the rates or prices will be
permitted. The Purchaser reserves the right to delete any
proposed Subcontractor from the list. This shall be done prior to
Contract
signature, by deleting
such unacceptable
Subcontractors from Appendix 3 to the Contract Agreement,
which shall list the approved Subcontractors for each item prior
to Contract signature. Subsequent additions and deletions from
the list of approved Subcontractors shall be performed in
accordance with GCC Clause 20 (as revised in the SCC, if
applicable) and Appendix 3 to the Contract Agreement.
For the purposes of these Bidding Documents, a Subcontractor is
any vendor or service provider with whom the Bidder contracts
for the supply or execution of any part of the Information
System to be provided by the Bidder under the Contract (such as
the supply of major hardware, software, or other components of
the required Information Technologies specified, or the
performance of related Services, e.g., software development,
transportation,
installation,
customization,
integration,
commissioning, training, technical support, maintenance, repair,
etc.).
6.4
A firm which is a Bidder, whether as a single Bidder or as a
partner in a Joint Venture, cannot be a Subcontractor in other
bids, except for the supply of commercially available hardware
or software by the firm, as well as purely incidental services
such as installation/configuration, routine training, and ongoing
maintenance/support. If the BDS for ITB Clause 6.1 (a) allows
the qualification of Subcontractors nominated for certain
components to be taken into account in assessing the Bidder’s
overall qualifications, any Subcontractor so nominated by any
Bidder is automatically disqualified from being a Bidder itself or
a partner in a Joint Venture. The same will normally apply to
firms that have provided Subcontractor agreements for certain
services pursuant to ITB Clause 6.1 (c). Non-compliance may
result in the rejection of all bids in which the affected firm
participates as Bidder or as partner in a Joint Venture. As long
as in compliance with these provisions, or as long as unaffected
by them due to not participating as Bidder or as partner in a Joint
Venture, a firm may be proposed as a Subcontractor in any
number of bids. If the BDS for ITB 28.1 permits the submission
of bids for Subsystems, lots, or slices, then the provisions of this
Section I. Instructions to Bidders
17
Clause 6.4 apply only to bids for the same Subsystem(s), lot(s),
or slice(s);
7. Cost of
Bidding
7.1
The Bidder shall bear all costs associated with the preparation
and submission of its bid, and the Purchaser will in no case be
responsible or liable for those costs.
8. Site Visit
8.1
The Bidder may wish to visit and examine the site or sites of the
Information System and obtain for itself, at its own
responsibility and risk, all information that may be necessary for
preparing the bid and entering into the Contract. The costs of
visiting the site or sites shall be at the Bidder’s own expense.
8.2
The Purchaser will arrange for the Bidder and any of its
personnel or agents to gain access to the relevant site or sites,
provided that the Bidder gives the Purchaser adequate notice of a
proposed visit of at least fourteen (14) days. Alternatively, the
Purchaser may organize a site visit or visits concurrently with
the pre-bid meeting, as specified in the BDS for ITB Clause
10.2. Failure of a Bidder to make a site visit will not be a cause
for its disqualification.
8.3
No site visits shall be arranged or scheduled after the deadline
for the submission of the Bids and prior to the award of
Contract.
B. THE BIDDING DOCUMENTS
9. Content of
Bidding
Documents
9.1
9.2
The contents of the Bidding Documents are listed below and
should be read in conjunction with any addenda issued in
accordance with ITB Clause 11:
Section I
Instructions to Bidders (ITB)
Section II
Bid Data Sheet (BDS)
Section III
Eligible Countries for the Provision of Goods,
Works, and Services in Bank-Financed
Procurement
Section IV
General Conditions of Contract (GCC)
Section V
Special Conditions of Contract (SCC)
Section VI
Technical Requirements (including
Implementation Schedule)
Section VII
Sample Forms
Bidders are expected to examine all instructions, forms, terms,
18
Section I. Instructions to Bidders
specifications, and other information in the Bidding Documents.
Failure to furnish all information required by the Bidding
Documents or to submit a bid not substantially responsive to the
Bidding Documents in every respect will be at the Bidder’s risk
and may result in the rejection of its bid.
9.3
The Invitation for Bids is not formally part of the Bidding
Documents and is included for reference only. In case of
inconsistencies, the actual Bidding Documents shall prevail.
10. Clarification of 10.1 A prospective Bidder requiring any clarification of the Bidding
Documents may notify the Purchaser in writing at the
Bidding
Purchaser’s address and by one of the means indicated in the
Documents
BDS. Similarly, if a Bidder feels that any important provision in
and Pre-bid
the documents will be unacceptable, such an issue should be
Meeting
raised as soon as possible. The Purchaser will respond in
writing to any request for clarification or modification of the
Bidding Documents that it receives no later than twenty-one (21)
days prior to the deadline for submission of bids prescribed by
the Purchaser. Copies of the Purchaser’s response (including an
explanation of the query but not identifying its source) will be
sent to all prospective Bidders that received the Bidding
Documents from the Purchaser.
10.2 When specified in the BDS, the Purchaser will organize and
Bidders are welcome to attend a pre-bid meeting at the time and
place indicated in the BDS. The purpose of the meeting will be
to clarify issues and answer questions on any matter that may be
raised at this stage, with particular attention to issues related to
the Technical Requirements. Bidders are requested to submit
any questions in writing to reach the Purchaser not later than one
week before the meeting. Questions and answers will be
transmitted in accordance with ITB Clause 10.1. Minutes of the
meeting, including the questions raised and responses given,
together with any responses prepared after the meeting, will be
transmitted without delay to all those that received the Bidding
Documents from the Purchaser. Any modification to the
Bidding Documents listed in ITB Clause 9.1, which may
become necessary as a result of the pre-bid meeting, shall be
made by the Purchaser exclusively by issuing an Addendum
pursuant to ITB Clause 11 and not through the minutes of the
pre-bid meeting.
Section I. Instructions to Bidders
11. Amendment of
Bidding
Documents
19
11.1 At any time prior to the deadline for submission of bids, the
Purchaser may, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective Bidder,
amend the Bidding Documents. Later amendments on the same
subject modify or replace earlier ones.
11.2 Amendments will be provided in the form of Addenda to the
Bidding Documents, which will be sent in writing to all
prospective Bidders that received the Bidding Documents from
the Purchaser. Addenda will be binding on Bidders. Bidders are
required to immediately acknowledge receipt of any such
Addenda. It will be assumed that the amendments contained in
such Addenda will have been taken into account by the Bidder
in its bid.
11.3 In order to afford prospective Bidders reasonable time in which
to take the amendment into account in preparing their bids, the
Purchaser may, at its discretion, extend the deadline for the
submission of bids, in which case, the Purchaser will notify all
Bidders in writing of the extended deadline.
C. PREPARATION OF BIDS
12. Language of
Bid
12.1 The bid prepared by the Bidder and all correspondence and
documents related to the bid exchanged by the Bidder and the
Purchaser shall be written in the language specified in the BDS,
or, if the BDS so provides, in either one of two languages
specified there. Any printed literature furnished by the Bidder
as part of its bid may be in a language not specified in the BDS,
as long as such literature is accompanied by a translation of its
pertinent passages into the language of the bid, in which case,
for purposes of interpretation of the bid, the translation shall
govern.
13. Documents
Comprising
the Bid
13.1 The bid submitted by the Bidder shall comprise:
(a)
Bid Submission Form completed and signed by a person or
persons duly authorized to bind the Bidder to the Contract;
(b)
all Price Schedules duly completed in accordance with ITB
Clauses 14, 15, and 18 and signed by a person or persons
duly authorized to bind the Bidder to the Contract;
(c)
if required, Bid-securing Declaration or Bid Security
furnished in accordance with ITB Clause 17;
(d)
written confirmation authorizing the signatory of the bid to
20
Section I. Instructions to Bidders
commit the Bidder, in accordance with ITB Clause 19.2;
(e)
Attachments:
(i)
Attachment 1: Bidder’s Eligibility
In the absence of prequalification, documents
establishing to the Purchaser’s satisfaction the
Bidder’s eligibility to bid, including but not limited
to documentary evidence that the Bidder is legally
incorporated in a territory of an eligible source
country as defined under ITB Clause 4;
(ii)
Attachment 2: Bidder’s Qualifications
Documentary evidence establishing to the
Purchaser’s satisfaction, and in accordance with ITB
Clause 6, that the Bidder is qualified to perform the
Contract if its bid is accepted. In the case where
prequalification of Bidders has been undertaken, and
pursuant to ITB Clause 6.1 (a), the Bidder must
provide evidence on any changes in the information
submitted as the basis for prequalification or, if there
has been no change at all in said information, a
statement to this effect;
Any Manufacturer’s Authorizations and Subcontractor
agreements specified as required in the BDS for ITB
Clauses 6.1 (b) and 6.1 (c);
(iii) Attachment 3: Eligibility of Goods and Services
Documents establishing, to the Purchaser’s
satisfaction, that the Goods and Services components
of the Information System to be supplied, installed,
and/or performed by the Bidder are eligible Goods
and Services as defined under ITB Clause 5. If
awarded the Contract, the Bidder shall submit for
such components of the Information System evidence
of eligibility, which shall be confirmed by a
certificate of origin issued at the time of shipment;
(iv) Attachment 4: Conformity of the Information System
to the Bidding Documents
Documentary evidence establishing to the
Purchaser’s satisfaction, and in accordance with ITB
Clause 16, that the Goods and Services components
of the Information System to be supplied, installed,
and/or performed by the Bidder conform to the
Section I. Instructions to Bidders
21
Bidding Documents;
(v)
Attachment 5: Proposed Subcontractors
A list of all major items of Goods or Services that the
Bidder proposes to purchase or subcontract from
others, and the name and nationality of the proposed
Subcontractor, including vendors, for each of those
items;
(vi) Attachment 6: Intellectual Property
A list of:
(1)
all Software included in the Bidder’s bid,
assigning each item to one of the software
categories defined in GCC Clause 1.1 (c):
(A) System, General Purpose, and Application
Software; and
(B) Standard and Custom Software.
(2)
all Custom Materials, as defined in GCC Clause
1.1 (c), included in the Bidder’s bid.
All Materials not identified as Custom Materials shall
be deemed Standard Materials, as defined in GCC
Clause 1.1 (c).
Re-assignments among the Software and Materials
categories, if necessary, will be made during the
implementation of the Contract according to GCC
Clause 39 (Changes to the System).
14. Bid Prices
14.1 All Goods and Services identified in the Supply and Installation
Cost Sub-Table and the Recurrent Cost Sub-Table in Section VII
(Forms 2.5 and 2.6), and all other Goods and Services proposed
by the Bidder to fulfill the requirements of the Information
System, must be priced separately in the format of the same
tables and summarized in the corresponding Cost Summary
Tables in the same Section. Prices must be quoted in accordance
with the instructions provided in Section VII for the various cost
tables, in the manner specified below.
22
Section I. Instructions to Bidders
14.2 The price of items that the Bidder has left blank in the cost
tables provided in Section VII shall be assumed to be included
in the price of other items. Items omitted altogether from the
cost tables shall be assumed to be omitted from the bid and,
provided that the bid is substantially responsive, an adjustment
to the bid price will be made during evaluation in accordance
with ITB Clause 28.6 (c) (iii).
14.3 Unit prices must be quoted at a level of detail appropriate for
calculation of any partial deliveries or partial payments under
the contract, in accordance with the Implementation Schedule in
Section VI, and with GCC and SCC Clause 12 – Terms of
Payment. Bidders may be required to provide a breakdown of
any composite or lump-sum items included in the Cost Tables.
14.4 The prices for Goods components of the System are to be
expressed and shall be defined and governed in accordance with
the rules prescribed in the edition of Incoterms specified in the
BDS, and quoted in the appropriate columns of the cost tables of
Section VII as follows:
(a)
Goods supplied from outside the Purchaser’s country:
Unless otherwise specified in the BDS, the prices shall be
quoted on a CIP (named place of destination) basis,
exclusive of all taxes, stamps, duties, levies, and fees
imposed in the Purchaser’s country. The named place of
destination and special instructions for the contract of
carriage are as specified in the BDS. In quoting the price,
the Bidder shall be free to use transportation through
carriers registered in any eligible countries. Similarly, the
Bidder may obtain insurance services from any eligible
source country.
(b)
Locally supplied Goods:
Unit prices of Goods offered from within the Purchaser’s
Country, shall be quoted on an EXW (ex factory, ex works,
ex warehouse or off-the-shelf, as applicable) basis,
including all customs duties, levies, fees, sales and other
taxes incurred until delivery of the Goods, but excluding
all VAT or sales and other taxes and duties/fees incurred
for the Goods at the time of invoicing or sales transaction,
if the Contract is awarded.
(c)
Inland transportation:
Unless otherwise stated in the BDS, inland transportation,
insurance and related local costs incidental to the delivery
Section I. Instructions to Bidders
23
of the Goods to the designated Project Sites must be quoted
separately as a Service item in accordance with ITB Clause
14.5, whether the Goods are to be supplied locally or from
outside the Purchaser’s country, except when these costs
are already included in the price of the Goods, as is, e.g.,
the case, when ITB Clause 14.4 (a) specifies CIP, and the
named places of destination are the Project Sites.
14.5 The price of Services shall be quoted in total for each service
(where appropriate, broken down into unit prices), separated into
their local and foreign currency components. Prices must
include all taxes, duties, levies and fees whatsoever, except only
VAT or other indirect taxes, or stamp duties, that may be
assessed and/or apply in the Purchaser’s country on/to the price
of the Services invoiced to the Purchaser, if the Contract is
awarded. Unless otherwise specified in the BDS, the prices
must include all costs incidental to the performance of the
Services, as incurred by the Supplier, such as travel, subsistence,
office support, communications, translation, printing of
materials, etc. Costs incidental to the delivery of the Services
but incurred by the Purchaser or its staff, or by third parties,
must be included in the price only to the extent such obligations
are made explicit in these Bidding Documents (as, e.g., a
requirement for the Bidder to include the travel and subsistence
costs of trainees).
14.6 Prices for Recurrent Costs beyond the scope of warranty
services to be incurred during the Warranty Period, defined in
SCC Clause 29.4 and prices for Recurrent Costs to be incurred
during the Post-Warranty Period, defined in SCC Clause 1.1. (e)
(xii), shall be quoted as Service prices in accordance with ITB
Clause 14.5 on the Recurrent Cost Sub-Table in detail, and on
the Recurrent Cost Summary Table in currency totals. Recurrent
costs are all-inclusive of the costs of necessary Goods such as
spare parts, software license renewals, labor, etc., needed for the
continued and proper operation of the System and, if
appropriate, of the Bidder’s own allowance for price increases.
14.7 Unless otherwise specified in the BDS, prices quoted by the
Bidder shall be fixed during the Bidder’s performance of the
Contract and not subject to increases on any account. Bids
submitted that are subject to price adjustment will be rejected.
24
15. Bid Currencies
Section I. Instructions to Bidders
15.1 Prices shall be quoted in the following currencies:
(a)
The Bidder may quote its prices for all Information
Technologies, associated Goods, and Services to be
supplied from outside the Purchaser’s Country in the
currencies of countries eligible according to Section III. If
the Bidder wishes to be paid in a combination of different
currencies, it must quote unit prices accordingly, but no
more than three foreign currencies may be used.
(b)
Unless otherwise specified in the BDS, the Bidder shall
express its prices for such Information Technologies,
associated Goods, and Services to be supplied locally (i.e.,
from within the Purchaser’s Country) in the currency of
the Purchaser’s Country.
16.1 Pursuant to ITB Clause 13.1 (e) (iv), the Bidder shall furnish, as
16. Documents
part of its bid, documents establishing the conformity to the
Establishing
Bidding Documents of the Information System that the Bidder
the Conformity
proposes to supply and install under the Contract.
of the
Information
16.2 The documentary evidence of conformity of the Information
System to the
System to the Bidding Documents shall be in the form of written
Bidding
descriptions, literature, diagrams, certifications, and client
Documents
references, including:
(a)
the Bidder’s technical bid, i.e., a detailed description of the
Bidder’s proposed technical solution conforming in all
material aspects with the Technical Requirements (Section
VI) and other parts of these Bidding Documents, overall as
well as in regard to the essential technical and performance
characteristics of each component making up the proposed
Information System;
(b)
an item-by-item commentary on the Purchaser’s Technical
Requirements,
demonstrating
the
substantial
responsiveness of the Information System offered to those
requirements. In demonstrating responsiveness, the
commentary shall include explicit cross references to the
relevant pages in the supporting materials included in the
bid. Whenever a discrepancy arises between the item-byitem commentary and any catalogs, technical
specifications, or other preprinted materials submitted with
the bid, the item-by-item commentary shall prevail;
(c)
a Preliminary Project Plan describing, among other things,
the methods by which the Bidder will carry out its overall
management and coordination responsibilities if awarded
Section I. Instructions to Bidders
25
the Contract, and the human and other resources the Bidder
proposes to use. The Plan should include a detailed
Contract Implementation Schedule in bar chart form,
showing the estimated duration, sequence, and
interrelationship of all key activities needed to complete
the Contract. The Preliminary Project Plan must also
address any other topics specified in the BDS. In addition,
the Preliminary Project Plan should state the Bidder’s
assessment of what it expects the Purchaser and any other
party involved in the implementation of the Information
System to provide during implementation and how the
Bidder proposes to coordinate the activities of all involved
parties;
(d)
a written confirmation that the Bidder accepts
responsibility for the successful integration and interoperability of all components of the Information System as
required by the Bidding Documents.
16.3 For purposes of the commentary to be furnished pursuant to ITB
Clause 16.2 (b), the Bidder shall note that references to brand
names or model numbers or national or proprietary standards
designated by the Purchaser in its Technical Requirements are
intended to be descriptive and not restrictive. Except where
explicitly prohibited in the BDS for specific items or standards,
the Bidder may substitute alternative brand/model names or
standards in its bid, provided that it demonstrates to the
Purchaser’s satisfaction that the use of the substitute(s) will
result in the Information System being able to perform
substantially equivalent to or better than that specified in the
Technical Requirements.
17. Securing the
Bid
17.1 The BDS for this Clause specifies whether bids must be secured,
and if so, whether by a Bid-Securing Declaration or by a Bid
Security. If a Bid Security is required or optional, the BDS also
specifies the amount.
17.2 Securing the bids shall be substantially in accordance with the
related sample forms included in Section VII or other forms
approved by the Purchaser prior to bid submission. Bids must
remain secured for a period of 28 days beyond the validity
period of the bids, as extended, if applicable, in accordance with
ITB Clause 18.2. In case of a Bid Security, it shall also:
(a)
at the Bidder’s option, be in the form of either a certified
check, letter of credit, or a bank guarantee from a banking
institution, or a bond issued by a surety;
26
Section I. Instructions to Bidders
(b)
be issued by a reputable institution selected by the Bidder
and located in any eligible country; if the institution
issuing the security is located outside the Purchaser’s
Country, it shall have a correspondent financial institution
located in the Purchaser’s Country to make the security
enforceable;
(c)
be payable promptly upon written demand by the
Purchaser in case any of the conditions listed in ITB
Clause 17.6 is/are invoked;
(d)
be submitted in its original form; copies will not be
accepted.
17.3 The Bid-Securing Declaration or the Bid Security of a Joint
Venture shall be issued in the name of the Joint Venture
submitting the bid provided the Joint Venture has legally been
constituted, or else it shall be issued in the name of all partners
proposed for the Joint Venture in the bid. Sanctions due to a
breach of the terms of a Bid-Securing Declaration pursuant to
ITB Clause 17.6 will apply to all partners to the Joint Venture.
17.4 If a Bid-Securing Declaration or Bid Security is required in
accordance with ITB Clause 17.1, any bid not accompanied by a
substantially acceptable Bid-Securing Declaration or Bid
Security in accordance with ITB Clauses 17.2 and 17.3, shall be
rejected by the Purchaser as non-responsive.
17.5 Unless executed or forfeited pursuant to ITB Clause 17.6, BidSecuring Declarations, if any, will expire for, or Bid Securities,
if any, will be returned as promptly as possible to,
(a)
all Bidders upon annulment of the bidding pursuant to ITB
Clause 34;
(b)
Bidders refusing a request to extend the period of validity
of their bids pursuant to ITB Clause 18.2;
(c)
the successful Bidder once it has signed the Contract
Agreement and furnished a valid Performance Security as
required;
(d)
the unsuccessful Bidders at the same time as in (c), that is,
when they are informed about the successful establishment
of the contract with the successful Bidder.
Section I. Instructions to Bidders
27
17.6 The Bid-Securing Declaration, if any, may be executed, or the
Bid Security, if any, may be forfeited:
(a)
if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Bid Submission
Form or any extension of validity the Bidder has agreed to
pursuant to ITB Clause 18.2; or
(b)
in the case of the successful Bidder, if the Bidder fails to:
(i)
(ii)
sign the Contract Agreement in accordance with ITB
Clause 36; or
furnish the Performance Security in accordance with ITB Clause
37.
17.7 If a bid security is not required in the BDS, and
(a)
if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Letter of Bid Form,
except as provided in ITB 18.2, or
(b)
if the successful Bidder fails to: sign the Contract in
accordance with ITB 36; or furnish a performance security
in accordance with ITB 37;
the Borrower may, if provided for in the BDS, declare the
Bidder disqualified to be awarded a contract by the Employer
for a period of time as stated in the BDS.
18. Period of
Validity of
Bids
18.1 Bids shall remain valid, at a minimum, for the period specified
in the BDS after the deadline date for bid submission prescribed
by the Purchaser, pursuant to ITB Clause 21. A bid valid for a
shorter period shall be rejected by the Purchaser as nonresponsive. For the convenience of Bidders, the BDS spells out
the minimal original expiration dates for the validity of the bid
and, if applicable pursuant to ITB Clause 17.1, for securing the
bid. However, Bidders are responsible for adjusting the dates in
the BDS in accordance with any extensions to the deadline date
of bid submission pursuant to ITB Clause 21.2.
18.2 In exceptional circumstances, prior to expiry of the bid validity
period, the Purchaser may request that the Bidders extend the
period of validity for a specified additional period. The request
and the responses to the request shall be made in writing. A
Bidder may refuse the request without risking execution of the
Bid-Securing Declaration or forfeiting the Bid Security, but in
this case the bid will be out of the competition for the award.
Except as provided in ITB Clause 18.3, a Bidder agreeing to the
28
Section I. Instructions to Bidders
request will not be required or permitted to modify its bid, but
will be required to ensure that the bid remains secured for a
correspondingly longer period, pursuant to ITB Clause 17.2.
18.3 In the case of fixed price contracts, if the award is delayed by a
period exceeding fifty-six (56) days beyond the expiry of the
initial bid validity, the contract price will be adjusted as
specified in the request for extension. Bid evaluation will be
based on the bid prices without taking into consideration the
above correction.
19. Format and
Signing of Bid
19.1 The Bidder shall prepare an original and the number of
copies/sets of the bid specified in the BDS, clearly marking
each one as “ORIGINAL BID,” “COPY NO. 1,” “COPY
NO. 2,” etc., as appropriate. In the event of any discrepancy
between them, the original shall govern.
19.2 The original and all copies of the bid, each consisting of the
documents listed in ITB Clause 13.1, shall be typed or written in
indelible ink and shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder. The authorization
must be in writing and included in the bid pursuant to ITB
Clause 13.1 (d). The name and position held by each person
signing the authorization must be typed or printed below the
signature. All pages of the bid, except for unamended printed
literature, shall be initialed by the person or persons signing the
bid.
19.3 The bid shall contain no interlineations, erasures, or overwriting,
except to correct errors made by the Bidder, in which case such
corrections shall be initialed by the person or persons signing the
bid.
19.4 The Bidder shall furnish in the Bid Submission Form (a sample
of which is provided in the Sample Forms Section of the
Bidding Documents) information regarding commissions or
gratuities, if any, paid or to be paid to agents relating to this
procurement and to the execution of the Contract should the
Bidder be successful.
D. SUBMISSION OF BIDS
20. Sealing and
Marking of
Bids
20.1 The Bidder shall seal the original and each copy of the bid in
separate envelopes, duly marking the envelopes as “ORIGINAL
BID” and “COPY NO. [number].” The envelopes shall then be
sealed in an outer envelope.
Section I. Instructions to Bidders
29
20.2 The inner and outer envelopes shall
(a)
be addressed to the Purchaser at the address given in the
BDS, and
(b)
bear the loan/Project name indicated in the BDS for ITB
Clause 2.1, the Invitation for Bids title and number, and
the Contract name(s), as indicated in the BDS for ITB
Clause 1.2, and the statement “DO NOT OPEN BEFORE
[ time and date],” to be completed with the time and date
specified in the BDS for ITB Clause 24.1.
20.3 The inner envelopes shall also indicate the name and address of
the Bidder so that the bid can be returned unopened in case it is
declared “late.”
20.4 If the outer envelope is not sealed and marked as required by
ITB Clause 20.2 above, the Purchaser will assume no
responsibility for the bid’s misplacement or premature opening.
If the outer envelope discloses the Bidder’s identity, the
Purchaser will not guarantee the anonymity of the bid
submission, but this disclosure will not constitute grounds for
bid rejection.
21. Deadline for
Submission of
Bids
21.1 Bids must be received by the Purchaser at the address specified
in the BDS for ITB Clause 20.2 no later than the time and date
stated in the BDS.
21.2 The Purchaser may, at its discretion, extend this deadline for
submission of bids by amending the Bidding Documents in
accordance with ITB Clause 11.3, in which case all rights and
obligations of the Purchaser and Bidders will thereafter be
subject to the deadline as extended.
22. Late Bids
22.1 Any bid received by the Purchaser after the bid submission
deadline prescribed by the Purchaser in the BDS for ITB Clause
21, will be rejected and returned unopened to the Bidder.
23.1 The Bidder may withdraw, substitute, or modify its bid after
23. Withdrawal,
submission, provided that written notice of the withdrawal,
Substitution,
substitution, or modification is received by the Purchaser prior to
and
the deadline prescribed for bid submission. All notices must be
Modification of
duly signed by an authorized representative and shall include a
Bids
copy of the authorization (the power of attorney) in accordance
with ITB Sub-Clause 19.2.
23.2 All notices of withdrawal, substitution, or modification shall
(a)
be addressed to the Purchaser at the address named in the
30
Section I. Instructions to Bidders
BDS for ITB Clause 20.2 (a), and
(b)
bear the Contract name, the IFB Title and IFB Number,
and the words “BID WITHDRAWAL NOTICE”, BID
SUBSTITUTION NOTICE”, or “BID MODIFICATION NOTICE”.
23.3 A notice may also be sent by electronic means such as fax or email, but in this case must include a scan of the mailing receipt
showing both the sender's and receiver's addresses for the signed
hardcopy of the notice, and a scan of the power of attorney.
23.4 Bids requested to be withdrawn in accordance with ITB 23.1
shall be returned unopened to the Bidders. Bid withdrawal
notices received after the bid submission deadline will be
ignored, and the submitted bid will be deemed to be a validly
submitted bid.
23.5 The substitution or modification of the bid shall be prepared,
sealed, marked, and dispatched as follows:
(a)
The Bidders shall provide an original and the number of
copies specified in the BDS for ITB Clause 19.1 of any
substitution or modification to its bid, clearly identified as
such, in two inner envelopes duly marked “BID
SUBSTITUTION -- ORIGINAL” or “BID MODIFICATION -ORIGINAL” and “BID SUBSTITUTION -- COPIES” or “BID
MODIFICATION -- COPIES.” The inner envelopes shall be
sealed in an outer envelope, which shall be duly marked
“BID SUBSTITUTION” or “BID MODIFICATION”.
(b)
Other provisions concerning the marking and dispatch of a
bid substitution or modification shall be in accordance with
ITB Clauses 20.2, 20.3, and 20.4.
23.6 No bid may be withdrawn, substituted, or modified in the
interval between the bid submission deadline and the expiration
of the bid validity period specified by the Bidder in the Bid
Submission Form, or any extension thereof agreed to by the
Bidder. Withdrawal of a bid during this interval may result in
the execution of the Bid-Securing Declaration, if any, or
forfeiture of the Bid Security, if any, pursuant to ITB Clause
17.6.
E. BID OPENING AND EVALUATION
24. Opening of
Bids by
24.1 The Purchaser will open all bids, including withdrawals,
substitutions, and modifications, in public, in the presence of
Section I. Instructions to Bidders
Purchaser
31
Bidders’ representatives who choose to attend, at the time, on
the date and at the place specified in the BDS. Bidders’
representatives shall sign a register as proof of their attendance.
24.2 First, envelopes marked “BID WITHDRAWAL NOTICE” shall be
opened and read out and the envelope with the corresponding
bid shall not be opened, but returned to the Bidder. No bid
withdrawal shall be permitted unless the corresponding
withdrawal notice contains a valid authorization to request the
withdrawal and is read out at bid opening. Next, envelopes
marked “BID SUBSTITUTION NOTICE” shall be opened and read
out and exchanged with the corresponding bid being substituted,
and the substituted bid shall not be opened, but returned to the
Bidder. No bid substitution shall be permitted unless the
corresponding substitution notice contains a valid authorization
to request the substitution and is read out at bid opening.
Envelopes marked “BID MODIFICATION NOTICE” shall be opened
and read out with the corresponding bid. No bid modification
shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at bid opening. Only bids that are opened and read out
at bid opening shall be considered further.
24.3 Bids shall be opened one at a time, reading out: the name of the
Bidder and whether there is a modification; the total bid price
including any unconditional discounts, and, if applicable, the
prices and unconditional discounts for Subsystems, lots, or
slices; the presence or absence of a Bid-Securing Declaration or
a Bid Security if one was required; any conditional discounts
offered for the award of more than one Subsystem, lot, or slice,
if the BDS for ITB Clause 28.1 permits such discounts to be
considered in the bid evaluation; and any other such details as
the Purchaser may consider appropriate.
24.4 Bids and modifications that are not opened and read out at bid
opening shall not be considered for further evaluation,
irrespective of the circumstances. These bids, including any
bids validly withdrawn in accordance with ITB Clause 24.2, will
promptly be returned, unopened, to their Bidders.
24.5 The Purchaser will prepare minutes of the bid opening,
including the information disclosed to those present in
accordance with ITB Clause 24.3. The minutes will promptly be
distributed to all Bidders that met the deadline for submitting
bids.
25. Clarification of 25.1 During the bid evaluation, the Purchaser may, at its discretion,
ask the Bidder for a clarification of its bid. The request for
Bids
32
Section I. Instructions to Bidders
clarification and the response shall be in writing, and no change
in the price or substance of the bid shall be sought, offered, or
permitted.
26. Preliminary
Examination
of Bids
26.1 The Purchaser will examine the bids to determine whether they
are complete, whether any computational errors have been
made, whether required sureties have been furnished, whether
the documents have been properly signed, and whether the bids
are generally in order. In the case where a prequalification
process has been undertaken for the Contract(s) for which these
Bidding Documents have been issued, the Purchaser will ensure
that each bid is from a prequalified Bidder, and in the case of a
Joint Venture, that partners and structure of the Joint Venture
are unchanged from those in the prequalification.
26.2 Arithmetical errors will be rectified on the following basis. If
there is a discrepancy between the unit price and the total price,
which is obtained by multiplying the unit price and quantity, or
between added or subtracted subtotals and totals, the unit or
subtotal price shall prevail and the total price shall be corrected,
unless in the opinion of the Purchaser there is an obvious
misplacement of the decimal point in the unit or subtotal prices,
in which case the line item total as quoted shall govern and the
unit price or sub-total shall be corrected. If there is a
discrepancy between words and figures, the amount in words
will prevail, unless the discrepancy is the result of a typo/error
for which the correction is self-evident to the Purchaser. If the
Bidder with the Lowest Evaluated Bid does not accept the
correction of errors, the bid shall be rejected.
26.3 The Purchaser may waive any minor informality,
nonconformity, or irregularity in a bid that does not constitute a
material deviation, provided such waiver does not prejudice or
affect the relative ranking of any Bidder.
26.4 Prior to the detailed evaluation, the Purchaser will determine
whether each bid is of acceptable quality, is complete, and is
substantially responsive to the Bidding Documents.
For
purposes of this determination, a substantially responsive bid is
one that conforms to all the terms, conditions, and specifications
of the Bidding Documents without material deviations,
exceptions, objections, conditionalities, or reservations. A
material deviation, exception, objection, conditionality, or
reservation is one: (i) that limits in any substantial way the
scope, quality, or performance of the Information System; or
(ii) that limits, in any substantial way that is inconsistent with
the Bidding Documents, the Purchaser’s rights or the successful
Section I. Instructions to Bidders
33
Bidder’s obligations under the Contract; or (iii) the acceptance
of which would unfairly affect the competitive position of other
Bidders who have submitted substantially responsive bids.
26.5 If a bid is not substantially responsive, it will be rejected by the
Purchaser and may not subsequently be made responsive by the
Bidder by correction of the nonconformity. The Purchaser’s
determination of bid responsiveness will be based on the
contents of the bid itself.
27. Conversion to
Single
Currency
27.1 For evaluation and comparison purposes, the Purchaser shall
convert all bid prices expressed in various currencies and
amounts into a single currency specified in the BDS, using the
selling exchange rate established by the source and on the date
also specified in the BDS.
28. Evaluation and 28.1 The Purchaser will evaluate and compare the bids that have been
determined to be substantially responsive, pursuant to ITB
Comparison of
Clause 26. The evaluation will be performed assuming either
Bids
that:
(a)
the Contract will be awarded to the lowest evaluated
Bidder for the entire Information System; or
(b)
if specified in the BDS, Contracts will be awarded to the
Bidders for each individual Subsystem, lot, or slice defined
in the Technical Requirements whose bids result in the
lowest combined evaluated price for the entire System.
In the latter case, discounts that are conditional on the award of
more than one Subsystem, lot, or slice may be offered in bids.
However, such discounts will only be considered in the price
evaluation if so confirmed in the BDS.
28.2 To be considered for Contract award, Bidders must have
submitted bids
(a)
for which detailed bid evaluation using the same standards
for compliance determination as listed in ITB Clauses 26.3
and 26.4 confirms that the bids are commercially and
technically responsive, and include the hardware,
Software, related equipment, products, Materials, and
other Goods and Services components of the Information
System in, substantially, the full required quantities for the
entire Information System or, if allowed in the BDS for
ITB Clause 28.1, the individual Subsystem, lot or slice bid
on; and
(b)
that offer Information Technologies that are proven to
34
Section I. Instructions to Bidders
perform up to the standards promised in the bid by having
successfully passed the performance, benchmark, and/or
functionality tests the Purchaser may require, pursuant to
ITB Clause 31.2.
28.3 The Purchaser’s evaluation of a bid will be made on the basis of
prices quoted in accordance with ITB Clause 14 (Bid Prices).
28.4 If indicated by the BDS, the Purchaser’s evaluation of
responsive bids will take into account technical factors, in
addition to cost factors. An Evaluated Bid Score (B) will be
calculated for each responsive bid using the following formula,
which permits a comprehensive assessment of the bid price and
the technical merits of each bid:
Bº
Clow
T
X +
(1 - X )
C
Thigh
where
C
= Evaluated Bid Price
C low = the lowest of all Evaluated Bid Prices among
responsive bids
T
= the total Technical Score awarded to the bid
Thigh = the Technical Score achieved by the bid that was
scored highest among all responsive bids
X
= weight for the Price as specified in the BDS
The bid with the highest Evaluated Bid Score (B) among
responsive bids shall be termed the Lowest Evaluated Bid and is
eligible for Contract award, provided the Bidder was
prequalified and/or it was found to be qualified to perform the
Contract in accordance with ITB Clause 31 (Postqualification).
28.5 If, in addition to the cost factors, the Purchaser has chosen to
give weight to important technical factors (i.e., the price weight,
X, is less than 1 in the evaluation), that cannot be reduced to
life-cycle costs or pass/fail criteria, the Total Technical Points
assigned to each bid in the Evaluated Bid Formula will be
determined by adding and weighting the scores assigned by an
evaluation committee to technical features of the bid in
accordance with the criteria set forth below.
(a)
The technical features to be evaluated are generally
defined below and specifically identified in the BDS:
Section I. Instructions to Bidders
35
(i)
Performance, capacity, or functionality features that
either exceed levels specified as mandatory in the
Technical Requirements; and/or influence the lifecycle cost and effectiveness of the Information
System.
(ii)
Usability features, such as ease of use, ease of
administration, or ease of expansion, which
influence the life-cycle cost and effectiveness of the
Information System.
(iii) The quality of the Bidder’s Preliminary Project Plan
as evidenced by the thoroughness, reasonableness,
and responsiveness of: (a) the task and resource
schedules, both general and specific, and (b) the
proposed arrangements for management and
coordination, training, quality assurance, technical
support, logistics, problem resolution, and transfer of
knowledge, and other such activities as specified by
the Purchaser in Section VI (Technical
Requirements) or proposed by the Bidder based on
the Bidder’s experience.
(b)
Feature scores will be grouped into a small number of
evaluation categories, generally defined below and
specifically identified in the BDS, namely:
(i)
The technical features that reflect how well the
Information System meets the Purchaser’s Business
Requirements (including quality assurance and riskcontainment measures associated with the
implementation of the Information System).
(ii)
The technical features that reflect how well the
Information System meets the System’s Functional
Performance Standards.
(iii) The technical features that reflect how well the
Information System meets the General Technical
Requirements
for
hardware,
network
and
communications, Software, and Services.
(c)
As specified in the BDS, each category will be given a
weight and within each category each feature may also be
given a weight.
(d)
During the evaluation process, the evaluation committee
will assign each desirable/preferred feature a whole
36
Section I. Instructions to Bidders
number score from 0 to 4, where 0 means that the feature
is absent, and 1 to 4 either represent predefined values for
desirable features amenable to an objective way of rating
(as is the case for, e.g., extra memory, or extra mass
storage capacity, etc., if these extras would be conducive
for the utility of the system), or if the feature represents a
desirable functionality (e.g., of a software package) or a
quality improving the prospects for a successful
implementation (such as the strengths of the proposed
project staff, the methodology, the elaboration of the
project plan, etc., in the bid), the scoring will be 1 for the
feature being present but showing deficiencies; 2 for
meeting the requirements; 3 for marginally exceeding the
requirements; and 4 for significantly exceeding the
requirements.
(e)
The score for each feature (i) within a category (j) will be
combined with the scores of features in the same category
as a weighted sum to form the Category Technical Score
using the following formula:
k
S j º å t ji * w ji
i =1
where:
tji
= the technical score for feature “i” in category “j”
wji
= the weight of feature “i” in category “j”
k
= the number of scored features in category “j”
k
åw
and
i =1
(f)
ji
=1
The Category Technical Scores will be combined in a
weighted sum to form the total Technical Bid Score using
the following formula:
n
T º å S j *W j
j =1
where:
Sj
= the Category Technical Score of category “j”
Wj
= the weight of category “j” as specified in the BDS
n
= the number of categories
Section I. Instructions to Bidders
37
n
and
åW
j =1
j
=1
28.6 The Evaluated Bid Price (C) for each responsive bid will be
determined as the sum of the Adjusted Supply and Installation
Costs (P) plus the Recurrent Costs (R);
where the Adjusted Supply and Installation Costs (P) are
determined as:
(a)
The price of the hardware, Software, related equipment,
products, Materials and other Goods offered from within
or from outside the Purchaser’s Country, in accordance
with ITB 14.4; plus
(b)
The total price for all software development,
transportation, insurance, installation, customization,
integration, Commissioning, testing, training, technical
support, repair, and other Services, in accordance with ITB
14.5;
(c)
with adjustments for:
(i)
Deviations proposed to the Implementation Schedule
in the Technical Requirements resulting in delayed
completion of the entire Information System, if
permitted in the BDS and provided they do not
exceed the maximum permissible delay period
specified in the BDS. For evaluation purposes, a pro
rata increase of the total Supply and Installation
Costs will be added using the percentage(s) specified
in the BDS for each week of delay. Bids offering
deliveries beyond the maximum permissible delay
specified may be rejected.
(ii)
Deviations taken to the Contract payment schedule
specified in the SCC. If deviations are permitted in
the BDS, for evaluation purposes the total Supply
and Installation Costs will be increased pro rata by
the amount of interest that could otherwise be earned
on the amount of any payments that would fall due
under the proposed schedule earlier than the schedule
stipulated in the SCC, at the interest rate specified in
the BDS.
(iii) Goods and Services that are required for the
Information System but have been left out or are
necessary to correct minor deviations of the bid will
38
Section I. Instructions to Bidders
be added to the total Supply and Installation Costs
using costs taken from the highest prices from other
responsive bids for the same Goods and Services, or
in the absence of such information, the cost will be
estimated at prevailing list prices. If the missing
Goods and Services are a scored technical feature,
the relevant score will be set at zero.
(iv) Corrections to errors in arithmetic, in accordance
with ITB Clause 26.2.
(v)
(d)
Any discounts offered for the award of more than
one Subsystem, lot, or slice, if the BDS for ITB
Clause 28.1 permits the consideration of discounts in
the price evaluation.
The Recurrent Costs (R) are reduced to net present value
and determined using the following formula:
Rº
N+M R
x
å
x
x = 1 (1 + I )
where
N = number of years of the Warranty Period, defined in
SCC Clause 29.4
M = number of years of the Post-Warranty Services
Period, as defined in SCC Clause 1.1.(e) (xii)
x
= an index number 1, 2, 3, ... N + M representing
each year of the combined Warranty Service and
Post-Warranty Service Periods.
Rx = total Recurrent Costs for year “x,” as recorded in
the Recurrent Cost Sub-Table.
I
= discount rate to be used for the Net Present Value
calculation, as specified in the BDS.
29. Domestic
Preference
29.1 No margin of domestic preference will apply.
30. Contacting the
Purchaser
30.1 From the time of bid opening to the time of Contract award, if
any Bidder wishes to contact the Purchaser on any matter related
to the bid, it should do so in writing.
30.2 If a Bidder tries to directly influence the Purchaser or otherwise
interfere in the bid evaluation process and the Contract award
decision, its bid may be rejected.
Section I. Instructions to Bidders
39
F. POSTQUALIFICATION AND AWARD OF CONTRACT
31. Postqualification
31.1 The Purchaser will determine at its own cost and to its
satisfaction whether the Bidder (including Joint Venture
Partners, and any Subcontractors for which the BDS for ITB
Clause 6.1 (a) permits that their qualifications count towards the
required Bidder qualifications) that is selected as having
submitted the Lowest Evaluated Bid is qualified to perform the
Contract satisfactorily, in accordance with ITB Clause 6. If a
prequalification process was undertaken for the Contract(s) for
which these Bidding Documents were issued, the Purchaser will
determine in the manner described above that no material
changes have occurred after the prequalification that negatively
affect the ability of the Bidder that has submitted the Lowest
Evaluated Bid to perform the Contract.
31.2 Pursuant to ITB Clauses 6 and 16, and as additionally may be
specified in the BDS, the determination will evaluate the
Bidder’s financial, technical, design, integration, customization,
production, management, and support capabilities and will be
based on an examination of the documentary evidence of the
Bidder’s qualifications, as well as other information the
Purchaser deems necessary and appropriate. This determination
may include visits or interviews with the Bidder’s clients
referenced in its bid, site inspections, and any other measures. If
so specified in the BDS, at the time of postqualification the
Purchaser may also carry out tests to determine that the
performance or functionality of the Information System offered
meets those stated in the Technical Requirements.
31.3 An affirmative postqualification determination will be a
prerequisite for award of the Contract to the Lowest Evaluated
Bidder. A negative determination will result in rejection of the
Bidder’s bid, in which event the Purchaser will proceed to the
next lowest evaluated Bidder to make a similar determination of
that Bidder’s capabilities to perform satisfactorily.
32. Award
Criteria
32.1 Subject to ITB Clause 34, the Purchaser will award the Contract
to the Bidder whose bid has been determined to be substantially
responsive and the Lowest Evaluated Bid, provided further that
the Bidder has been determined to be qualified to perform the
Contract satisfactorily, pursuant to ITB Clause 31.
33. Purchaser’s
Right to Vary
Quantities at
Time of Award
33.1 The Purchaser reserves the right at the time of Contract award to
increase or decrease, by the percentage(s) indicated in the BDS,
any of the following:
40
Section I. Instructions to Bidders
(a)
the quantity of substantially identical Subsystems; or
(b)
the quantity of individual hardware, Software, related
equipment, Materials, products, and other Goods
components of the Information System; or
(c)
the quantity of Installation or other Services to be
performed,
from that originally specified in the Technical Requirements (as
amended by any Addenda issued pursuant to ITB Clause 11),
without any change in unit prices or other terms and conditions.
34. Purchaser’s
Right to
Accept Any
Bid and to
Reject Any or
All Bids
34.1 The Purchaser reserves the right to accept or reject any bid or to
annul the bidding process and reject all bids at any time prior to
Contract award, without thereby incurring any liability to the
Bidders.
35. Notification of
Award
35.1 Prior to the expiration of the period of bid validity, the Purchaser
shall notify the successful Bidder, in writing, that its bid has
been accepted.
35.2 Until a formal Contract is prepared and executed, the
notification of award shall constitute a binding Contract.
35.3 The Purchaser shall promptly publish in UNDB online and in
dgMarket the results, identifying the bid and lot numbers and the
following information: (i) name of each Bidder who submitted a
bid; (ii) bid prices as read out at bid opening; (iii) name,
evaluated price and, if the bidding conditions included scoring
for technical quality, the technical score of each bid that was
evaluated; (iv) name of Bidders whose bids were rejected and
the reasons for their rejection; and (v) name of the winning
Bidder, the price it offered, as well as the duration and summary
scope of the contract awarded. After publication of the award,
unsuccessful Bidders may make a request in writing to the
Purchaser for a debriefing seeking explanations on the grounds
on which their bids were not selected. The Purchaser shall
promptly respond in writing to any unsuccessful Bidder who,
after publication of contract award, requests a debriefing.
35.4 Upon the successful Bidder furnishing the signed Contract
Agreement and the Performance Security pursuant to ITB
Clause 37, the Purchaser will promptly notify each unsuccessful
Bidder, and will discharge all remaining Bid Securities, if any,
as provided in ITB Clause 17.5 (c) and (d).
Section I. Instructions to Bidders
36. Signing of
Contract
41
36.1 At the same time as the Purchaser notifies the successful Bidder
that its bid has been accepted, the Purchaser will send the Bidder
the Contract Agreement provided in the Bidding Documents,
incorporating all agreements between the parties.
36.2 As soon as practically possible, but no more than twenty-eight
(28) days following receipt of the Contract Agreement, the
successful Bidder shall sign and date it, and return it to the
Purchaser.
37. Performance
Security
37.1 As soon as practically possible, but no more than twenty-eight
(28) days following receipt of notification of award from the
Purchaser, the successful Bidder shall furnish the Performance
Security in accordance with the GCC, using the Performance
Security form provided in the Bidding Documents or another
form acceptable to the Purchaser.
37.2 Failure of the successful Bidder to comply with the requirements
of ITB Clause 36 or ITB Clause 37.1 shall constitute sufficient
grounds for the annulment of the award and, if and as
applicable, execution of the Bid-Securing Declaration or
forfeiture of the Bid Security, in which event the Purchaser may
make the award to the next lowest evaluated bid submitted by a
qualified Bidder or call for new bids.
38. Adjudicator
38.1 Unless otherwise stated in the BDS, the Purchaser proposes that
the person named in the BDS be appointed as Adjudicator under
the Contract to assume the role of informal Contract dispute
mediator, as described in GCC Clause 6. In this case, a résumé
of the named person is attached to the BDS. The proposed
hourly fee for the Adjudicator is specified in the BDS. The
expenses that would be considered reimbursable to the
Adjudicator are also specified in the BDS. If a Bidder does not
accept the Adjudicator proposed by the Purchaser, it should state
its non-acceptance in its Bid Submission Form and make a
counterproposal of an Adjudicator and an hourly fee, attaching a
résumé of the alternative. If the successful Bidder and the
Adjudicator nominated in the BDS happen to be from the same
country, and this is not the country of the Purchaser too, the
Purchaser reserves the right to cancel the Adjudicator nominated
in the BDS and propose a new one. If by the day the Contract is
signed, the Purchaser and the successful Bidder have not agreed
on the appointment of the Adjudicator, the Adjudicator shall be
appointed, at the request of either party, by the Appointing
Authority specified in the SCC clause relating to GCC Clause
6.1.4, or if no Appointing Authority is specified there, the
Contract will be implemented without an Adjudicator.
42
Section I. Instructions to Bidders
43
SECTION II. BID DATA SHEET (BDS)
44
Section III. Countries Eligible for Bank-Financed Procurement
Bid Data Sheet
The following specific information relating to the System to be procured and the
procurement procedures that will be used shall complement, supplement, or amend the
provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions
in the Bid Data Sheet (BDS) shall prevail over those in the ITB.
A. GENERAL
ITB 1.1
Name of Purchaser: Commissioner & Director of Municipal
Administration
Name of authorized Purchasing Agent: “none”
Description of the System for which bids are invited: Development of
Information and Communication Technology (ICT) enable
integrated online building permission management system in
the State of Andhra Pradesh
ITB 1.2
Title of IFB : Development of Information and Communication
Technology (ICT) enable integrated online building permission
management system in the State of Andhra Pradesh
Number of IFB: 009/APMDP/2015/TU
Name of resulting Contract(s): Development of Information and
Communication Technology (ICT) enable integrated online building
permission management system in the State of Andhra Pradesh
ITB 1.4
Alternative e-Tendering procedures are not available in this
procurement.
ITB 2.1
Name of the Borrower: Project Director, APMDP
Loan or credit number: 7816-IN
Loan or credit amount: USD $ 174 Million
Name of Project: Andhra Pradesh Municipal Development Project
ITB 6.1 (a)
Qualification requirements for Bidders are:
The following are the minimum norms for bidding for this
project.
1. Bidding could be done by a firm / company / JV / SPV
or a consortium represented by a Prime Bidder.
2. Any partner including the Prime bidder in one
consortium cannot be a partner in another consortium.
The prime bidder shall be called the TSP representing
Section III. Countries Eligible for Bank-Financed Procurement
3.
4.
5.
6.
45
the consortium.
The list of the consortium members shall be enclosed
with the response to the RFP.
The prime bidder of the consortium itself or a member
of the consortium should have a software application
development ability to develop the required application
software / customize an existing product or solution in
the specified time scales developed for DPMS.
The prime bidder of the consortium itself or a member
of the consortium should have experience and is
responsible for installing, deploying, data migration
and conversion, training, transition from manual to
automated systems, and maintaining data and computer
equipment
at
the
respective
Corporations,
Development Authorities across the state of Andhra
Pradesh.
The Prime Bidder / consortium should have a
combined turnover of Rs. 40 crores over the past three
years.
7. The consortium should have a maximum of 3 members
including the Prime bidder.
8. None of the consortium members should be blacklisted
by World Bank. In case the bidders name is in the
debarred list of World Bank, the Bidder will be
disqualified.
9. The eligibility conditions of the Prime bidder of the
consortium is as following
·
·
·
·
The company should be in existence for at least 3 years
in India as of 31st March 2015.
The company should have at least 50 technical
personnel for software development, support,
operations, capacity building and project management
who are in service on rolls for a minimum of 2 years.
The company should have developed and implemented
at least 3 projects for any government or private
institutions in size and complexity as large as DPMS.
The company should have experience in managing at
46
Section III. Countries Eligible for Bank-Financed Procurement
·
least one multi location IT project. This project should
have been in operation for at least for one year as of 1st
February 2015.
In case of a member of consortium, the qualification
criteria is it’s existence for a minimum period of 3
years as of 1st February 2015. The turnover and staff
requirements could be collectively met by all the
members of the consortium.
ITB 6.1 (b)
Manufacturer's Authorizations for Information Technologies –
except for those technologies which the Bidder itself manufactures are required for the following types/categories: All
ITB 6.1 (c)
If the Bidder proposes to use Subcontractors for the provision of
certain key services, written agreements by the proposed firms to
provide these services in case of contract(s) resulting from this
bidding are required for the following types/categories of services:
All
Section III. Countries Eligible for Bank-Financed Procurement
47
B. THE BIDDING DOCUMENTS
ITB 10.1
Purchaser’s / duly authorized Purchasing Agent’s address:
Mr. P. Thimma Reddy
Director of Town and Country Planning
Government of Andhra Pradesh,
2nd Floor, Mythri Vihar, Ameerpet, Hyderabad - 500038, India.
Office: 040-23731091,
Fax: 040-23731094,
Mobile: 7702100228.
Email:- [email protected],
[email protected]
ITB 10.2
Dates,
times, and places
18-03-2015 at 11.00 AM
for
the
pre-bid
meeting:
Place : Director of Town & Country Planning ,
Government of Andhra Pradesh,
2nd Floor, Mythri Vihar, Ameerpet,
Hyderabad- 500038, India.
Office: 040-23731091,
Fax: 040-23731094,
Mobile: 7702100228
Email:- [email protected],
[email protected]
Minutes of the pre-bid meeting, including the questions raised and
responses given shall be available in the web site of C&DMA :
www.cdma.ap.gov.in
C. PREPARATION OF BIDS
ITB 12.1
The language of the bid and of all correspondence and documents
related to it is English.
ITB 14.1
Recurrent cost items beyond the scope of work are not required.
ITB 14.4
The Incoterms edition “Incoterms 2010
48
ITB 14.4 (a)
Section III. Countries Eligible for Bank-Financed Procurement
For foreign goods priced on a CIP (named place of destination)
basis:
(i) The contract of carriage shall include the cost of
unloading the goods at destination, as well as payment
by the Supplier of the cost of custom formalities, duties,
taxes or other charges payable on the foreign Goods for
their transit through any country other than the
Purchaser's country.
(ii) The named place of destination shall be Hyderabad
Andhra Pradesh and 110 Local Bodies in Andhra
Pradesh.
ITB 14.4 (c)
The Bidder will assume the responsibility, including for the
transport risks, for arranging, at its cost, the inland transport of the
Goods to the Project Sites.
ITB 14.5
NA
ITB 14.7
Prices quoted by the Bidder shall be “fixed;”
ITB 15.1 (b)
The currency to be used for quoting prices of the Goods and
Services components of the System offered locally (i.e., from
within the Purchaser’s Country), as well as local currency
expenditures for local technical support, training,
maintenance, transportation, insurance, and other local
services incidental to delivery, installation and operation of
the System, is: Indian Rupees.
ITB 16.2 (c)
In addition to the topics described in ITB Clause 16.2 (c), the
Preliminary Project Plan must address the following topics as
per the technical requirements:
a)Project Organization and Management
b)Design and Development / Customization Plan of product
c)Pilot Implementation Plan
d) Testing Plan and Final User Acceptance Test Plan
e)Delivery and Installation Plan
f)Training Plan
g)Risk Management Plan
h)Warranty Plan
i)Data Entry Plan
j)Task, Time and Resource schedule
k)Post Warranty Operations Support Service Plan
k)Post Operations Support, Maintenance Support Plan
l)Technical Support Plan including Help Desk organization
m) Quality Assurance and Control Process details which must include (But
not limited to) detailing on Metrics, Reviews, Problems Reporting
and Corrective action etc.
Section III. Countries Eligible for Bank-Financed Procurement
49
n) Technical and Operational Process which must include (but not limited
to) detailing on Methods, Tools and techniques.
ITB 16.3
In the interest of effective integration, cost-effective technical
support, and reduced re-training and staffing costs, Bidders
are required to offer specific brand names and models for the
following limited number of specific items: None
ITB 17.1
Bids need to be secured.
An amount of Bid security required is INR 40,00,000/- ( Rs. Fourty
Lacs Only)
ITB 17.7
If the Bidder incurs any of the actions prescribed in ITB Clause 17.7
(a) or (b), the Borrower will declare the Bidder ineligible to be
awarded contracts by the Employer for a period of 5 years.
ITB 18.1
The bid validity period shall be 180 days after the deadline for bid
submission, as specified below in reference to ITB Clause 21.
Accordingly, each bid shall be valid through 180 days after the date
of bid opening.
Accordingly, a bid with a Bid Security that expires before the actual
date of the expiration of the bid security, i.e., twenty-eight (28) days
after the end of the bid validity period shall be rejected as nonresponsive.
ITB 19.1
Required number of bid copies, besides the original: 1 No
D. SUBMISSION OF BIDS
ITB 20.2 (a)
The address for bid submission is:
Mr. P Thimma Reddy
Director of Town and Country Planning
Government of Andhra Pradesh,
2nd Floor, Mythri Vihar, Ameerpet,
Hyderabad- 500038, India.
Office: 040-23731091,
Fax: 040-23731094,
Mobile: 7702100228
Email:- [email protected],
[email protected]
ITB 21.1
Deadline for bid submission is: 16-04-2015 up to 3.00 PM
50
Section III. Countries Eligible for Bank-Financed Procurement
E. BID OPENING AND EVALUATION
ITB 24.1
ITB 27.1
Time, date, and place for bid opening are: 16-04-2015 at 3.30 PM
at the following address.
Mr. P Thimma Reddy
Director of Town and Country Planning
Government of Andhra Pradesh,
2nd Floor, Mythri Vihar, Ameerpet,
Hyderabad- 500038, India.
The currency chosen for the purpose of converting to a common
currency is: Indian Rupees(INR)
The source of exchange rate is: BC selling rate of State Bank of
India, Hyderabad as on the same day of bid submission
deadline mentioned in IB 21.1
The date of exchange rate determination is: 16-04-2015
ITB 28.1
Bids for Subsystems, lots, or slices of the overall Information
System will not be accepted.
ITB 28.4
The bid evaluation will take into account technical factors in
addition to cost factors.
The weight of the Price (“X” multiplied by 100 in the Evaluated Bid
Score formula) = 30%
ITB 28.5
The technical/quality evaluation parameters and scoring scheme are
provided in Annexure 1 as a part of the BDS
ITB 28.6 (c) (i)
The Purchaser will not accept deviations in the schedule of
installation and commissioning specified in the
Implementation Schedule
ITB 28.6 (c) (ii)
The Purchaser will not accept deviations in the payment schedule in
the SCC.
F. POSTQUALIFICATION AND AWARD OF CONTRACT
ITB 33.1
Percentage for quantity increase or decrease: 20%.
Section III. Countries Eligible for Bank-Financed Procurement
ITB 38.1
The proposed Adjudicator is: MD, APTS
51
52
Section III. Countries Eligible for Bank-Financed Procurement
SECTION III. ELIGIBLE COUNTRIES FOR THE PROVISION
OF GOODS, WORKS, AND SERVICES IN BANK-FINANCED
PROCUREMENT
Eligible Countries for the Provision of Goods, Works, and Services in
Bank-Financed Procurement
As of September 2013
1.
Eligible for this procurement are firms of, and goods manufactured in, all countries
except countries, if any, listed in the following restrictions.
2.
In accordance with para. 1.8 (a) of the Guidelines: Procurement under IBRD Loans
and IDA Credits, firms of a Country or goods manufactured in a Country may be excluded if
(i)
as a matter of law or official regulation, the Borrower’s Country prohibits
commercial relations with that Country, provided that the Bank is satisfied that
such exclusion does not preclude effective competition for the supply of the
goods or works required, or
(ii)
by an Act of Compliance with a Decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, the
Borrower’s Country prohibits any import of goods from that Country or any
payments to persons or entities in that Country.
3.
For the information of borrowers and bidders, at the present time firms, goods and
services from the following countries are excluded from this bidding:
With reference to paragraph (i) above: None
With reference to paragraph (ii) above: None
53
SECTION IV. GENERAL CONDITIONS OF CONTRACT
Notes on the General Conditions of Contract (GCC)
The General Conditions of Contract (GCC) contained in this section are to be read in
conjunction with the Special Conditions of Contract (SCC) in Section V and the other documents
listed in the Contract Agreement. Together they form a complete document expressing all the rights
and obligations of the parties to the Contract.
The GCC must remain unaltered. Contract-specific information, deletions, extensions, and
modifications to the GCC shall be introduced only through the SCC.
54
Section IV. General Conditions of Contract
Table of Clauses
A. Contract and Interpretation ....................................................................................... 56
1.
2.
3.
4.
5.
6.
Definitions ............................................................................................................ 56
Contract Documents ............................................................................................. 64
Interpretation ........................................................................................................ 64
Notices ................................................................................................................. 66
Governing Law ..................................................................................................... 67
Settlement of Disputes .......................................................................................... 68
B. Subject Matter of Contract ......................................................................................... 70
7.
8.
9.
10.
Scope of the System ............................................................................................. 70
Time for Commencement and Operational Acceptance ......................................... 70
Supplier’s Responsibilities .................................................................................... 71
Purchaser’s Responsibilities.................................................................................. 73
C. Payment ....................................................................................................................... 75
11.
12.
13.
14.
Contract Price ....................................................................................................... 75
Terms of Payment ................................................................................................. 75
Securities .............................................................................................................. 76
Taxes and Duties .................................................................................................. 77
D. Intellectual Property.................................................................................................... 78
15.
16.
17.
Copyright ............................................................................................................. 78
Software License Agreements ............................................................................... 79
Confidential Information ...................................................................................... 81
E. Supply, Installation, Testing, Commissioning, and Acceptance of the System ......... 82
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Representatives ..................................................................................................... 82
Project Plan .......................................................................................................... 84
Subcontracting ...................................................................................................... 85
Design and Engineering ........................................................................................ 86
Procurement, Delivery, and Transport................................................................... 89
Product Upgrades ................................................................................................. 91
Implementation, Installation, and Other Services .................................................. 92
Inspections and Tests ............................................................................................ 92
Installation of the System...................................................................................... 93
Commissioning and Operational Acceptance ........................................................ 94
F. Guarantees and Liabilities........................................................................................... 98
28.
29.
30.
31.
32.
33.
Operational Acceptance Time Guarantee .............................................................. 98
Defect Liability..................................................................................................... 99
Functional Guarantees ........................................................................................ 102
Intellectual Property Rights Warranty ................................................................. 102
Intellectual Property Rights Indemnity ................................................................ 103
Limitation of Liability ........................................................................................ 106
Section IV. General Conditions of Contract
55
G. Risk Distribution ....................................................................................................... 106
34.
35.
36.
37.
38.
Transfer of Ownership ........................................................................................ 106
Care of the System .............................................................................................. 106
Loss of or Damage to Property; Accident or Injury to Workers; Indemnification. 107
Insurances ........................................................................................................... 109
Force Majeure ..................................................................................................... 111
H. Change in Contract Elements ................................................................................... 113
39.
40.
41.
42.
Changes to the System ........................................................................................ 113
Extension of Time for Achieving Operational Acceptance .................................. 117
Termination ........................................................................................................ 118
Assignment ......................................................................................................... 126
56
Section IV. General Conditions of Contract
General Conditions of Contract
A. CONTRACT AND INTERPRETATION
1. Definitions
1.1
In this Contract, the following terms shall be interpreted as
indicated below.
(a)
contract elements
(i)
“Contract” means the Contract Agreement
entered into between the Purchaser and the
Supplier, together with the Contract Documents
referred to therein. The Contract Agreement and
the Contract Documents shall constitute the
Contract, and the term “the Contract” shall in all
such documents be construed accordingly.
(ii)
“Contract Documents” means the documents
specified in Article 1.1 (Contract Documents) of
the Contract Agreement (including any
amendments to these Documents).
(iii) “Contract Agreement” means the agreement
entered into between the Purchaser and the
Supplier using the form of Contract Agreement
contained in the Sample Forms Section of the
Bidding Documents and any modifications to
this form agreed to by the Purchaser and the
Supplier. The date of the Contract Agreement
shall be recorded in the signed form.
(iv) “GCC” means the General Conditions of
Contract.
(v)
“SCC” means the Special Conditions of
Contract.
(vi) “Technical Requirements” means the Technical
Requirements Section of the Bidding
Documents.
(vii) “Implementation
Schedule”
means
the
Implementation Schedule Sub-section of the
Technical Requirements.
viii) “Contract Price” means the price or prices
defined in Article 2 (Contract Price and Terms
of Payment) of the Contract Agreement.
Section IV. General Conditions of Contract
57
(ix) “Procurement Guidelines” refers to the edition
specified in the SCC of the World Bank
Guidelines: Procurement under IBRD Loans and
IDA Credits.
(x)
(b)
“Bidding Documents” refers to the collection of
documents issued by the Purchaser to instruct
and inform potential suppliers of the processes
for bidding, selection of the winning bid, and
Contract formation, as well as the contractual
conditions governing the relationship between
the Purchaser and the Supplier. The General and
Special Conditions of Contract, the Technical
Requirements, and all other documents included
in the Bidding Documents reflect the
Procurement Guidelines that the Purchaser is
obligated to follow during procurement and
administration of this Contract.
entities
(i)
“Purchaser” means the entity purchasing the
Information System, as specified in the SCC.
(ii)
“Project Manager” means the person named as
such in the SCC or otherwise appointed by the
Purchaser in the manner provided in GCC
Clause 18.1 (Project Manager) to perform the
duties delegated by the Purchaser.
(iii) “Supplier” means the firm or Joint Venture
whose bid to perform the Contract has been
accepted by the Purchaser and is named as such
in the Contract Agreement.
(iv) “Supplier’s Representative” means any person
nominated by the Supplier and named as such in
the Contract Agreement or otherwise approved
by the Purchaser in the manner provided in GCC
Clause 18.2 (Supplier’s Representative) to
perform the duties delegated by the Supplier.
(v)
“Subcontractor” means any firm to whom any of
the obligations of the Supplier, including
preparation of any design or supply of any
Information Technologies or other Goods or
Services, is subcontracted directly or indirectly
58
Section IV. General Conditions of Contract
by the Supplier.
(vi) “Adjudicator” means the person named in
Appendix 2 of the Contract Agreement,
appointed by agreement between the Purchaser
and the Supplier to make a decision on or to
settle any dispute between the Purchaser and the
Supplier referred to him or her by the parties,
pursuant to GCC Clause 6.1 (Adjudication).
(vii) “The World Bank” (also called “The Bank”)
means the International Bank for Reconstruction
and Development (IBRD) or the International
Development Association (IDA).
(c)
scope
(i)
“Information System,” also called “the System,”
means all the Information Technologies,
Materials, and other Goods to be supplied,
installed, integrated, and made operational
(exclusive of the Supplier’s Equipment),
together with the Services to be carried out by
the Supplier under the Contract.
(ii)
“Subsystem” means any subset of the System
identified as such in the Contract that may be
supplied, installed, tested, and commissioned
individually before Commissioning of the
entire System.
(iii)
“Information
Technologies”
means
all
information processing and communicationsrelated hardware, Software, supplies, and
consumable items that the Supplier is required
to supply and install under the Contract.
(iv)
“Goods” means all equipment, machinery,
furnishings, Materials, and other tangible items
that the Supplier is required to supply or supply
and install under the Contract, including,
without
limitation,
the
Information
Technologies and Materials, but excluding the
Supplier’s Equipment.
(v)
“Services” means all technical, logistical,
management, and any other Services to be
provided by the Supplier under the Contract to
Section IV. General Conditions of Contract
59
supply, install, customize, integrate, and make
operational the System. Such Services may
include, but are not restricted to, activity
management and quality assurance, design,
development, customization, documentation,
transportation,
insurance,
inspection,
expediting, site preparation, installation,
integration, training, data migration, Precommissioning, Commissioning, maintenance,
and technical support.
(vi)
“The Project Plan” means the document to be
developed by the Supplier and approved by the
Purchaser, pursuant to GCC Clause 19, based
on the requirements of the Contract and the
Preliminary Project Plan included in the
Supplier’s bid. The “Agreed and Finalized
Project Plan” is the version of the Project Plan
approved by the Purchaser, in accordance with
GCC Clause 19.2. Should the Project Plan
conflict with the Contract in any way, the
relevant provisions of the Contract, including
any amendments, shall prevail.
(vii) “Software” means that part of the System
which are instructions that cause information
processing Subsystems to perform in a specific
manner or execute specific operations.
(viii) “System Software” means Software that provides
the operating and management instructions for the
underlying hardware and other components, and
is identified as such in Appendix 4 of the Contract
Agreement and such other Software as the parties
may agree in writing to be Systems Software.
Such System Software includes, but is not
restricted to, micro-code embedded in hardware
(i.e.,
“firmware”),
operating
systems,
communications,
system
and
network
management, and utility software.
(ix)
“General-Purpose Software” means Software
that supports general-purpose office and
software development activities and is
identified as such in Appendix 4 of the Contract
Agreement and such other Software as the
parties may agree in writing to be General-
60
Section IV. General Conditions of Contract
Purpose Software.
Such General-Purpose
Software may include, but is not restricted to,
word processing, spreadsheet, generic database
management, and application development
software.
(x)
“Application Software” means Software
formulated to perform specific business or
technical functions and interface with the
business or technical users of the System and is
identified as such in Appendix 4 of the Contract
Agreement and such other Software as the
parties may agree in writing to be Application
Software.
(xi)
“Standard Software” means Software identified
as such in Appendix 4 of the Contract
Agreement and such other Software as the
parties may agree in writing to be Standard
Software.
(xii) “Custom Software” means Software identified as
such in Appendix 4 of the Contract Agreement
and such other Software as the parties may agree
in writing to be Custom Software.
(xiii) “Source Code” means the database structures,
dictionaries, definitions, program source files,
and any other symbolic representations
necessary for the compilation, execution, and
subsequent maintenance of the Software
(typically, but not exclusively, required for
Custom Software).
(xiv) “Materials” means all documentation in printed
or printable form and all instructional and
informational aides in any form (including
audio, video, and text) and on any medium,
provided to the Purchaser under the Contract.
(xv) “Standard Materials” means all Materials not
specified as Custom Materials.
(xvi) “Custom Materials” means Materials developed
by the Supplier at the Purchaser’s expense under
the Contract and identified as such in Appendix 5
of the Contract Agreement and such other
Materials as the parties may agree in writing to be
Section IV. General Conditions of Contract
61
Custom Materials. Custom Materials includes
Materials created from Standard Materials.
(xvii) “Intellectual Property Rights” means any and
all copyright, moral rights, trademark, patent,
and other intellectual and proprietary rights,
title and interests worldwide, whether vested,
contingent, or future, including without
limitation all economic rights and all exclusive
rights to reproduce, fix, adapt, modify,
translate, create derivative works from, extract
or re-utilize data from, manufacture, introduce
into circulation, publish, distribute, sell, license,
sublicense, transfer, rent, lease, transmit or
provide access electronically, broadcast,
display, enter into computer memory, or
otherwise use any portion or copy, in whole or
in part, in any form, directly or indirectly, or to
authorize or assign others to do so.
(xviii) “Supplier’s Equipment” means all equipment,
tools, apparatus, or things of every kind
required in or for installation, completion and
maintenance of the System that are to be
provided by the Supplier, but excluding the
Information Technologies, or other items
forming part of the System.
(d)
activities
(i)
“Delivery” means the transfer of the Goods from
the Supplier to the Purchaser in accordance with
the current edition Incoterms specified in the
Contract.
(ii)
“Installation” means that the System or a
Subsystem as specified in the Contract is ready
for Commissioning as provided in GCC Clause
26 (Installation).
(iii) “Pre-commissioning” means the testing, checking,
and any other required activity that may be
specified in the Technical Requirements that are to
be carried out by the Supplier in preparation for
Commissioning of the System as provided in GCC
Clause 26 (Installation).
(iv) “Commissioning”
means
operation
of the
62
Section IV. General Conditions of Contract
System or any Subsystem by the Supplier
following Installation, which operation is to be
carried out by the Supplier as provided in GCC
Clause 27.1 (Commissioning), for the purpose of
carrying out Operational Acceptance Test(s).
(v)
“Operational Acceptance Tests” means the tests
specified in the Technical Requirements and
Agreed and Finalized Project Plan to be carried
out to ascertain whether the System, or a
specified Subsystem, is able to attain the
functional and performance requirements
specified in the Technical Requirements and
Agreed and Finalized Project Plan, in
accordance with the provisions of GCC Clause
27.2 (Operational Acceptance Test).
(vi) “Operational Acceptance” means the acceptance
by the Purchaser of the System (or any
Subsystem(s) where the Contract provides for
acceptance of the System in parts), in
accordance with GCC Clause 27.3 (Operational
Acceptance).
(e)
place and time
(i)
“Purchaser’s Country” is the country named in
the SCC.
(ii)
“Supplier’s Country” is the country in which the
Supplier is legally organized, as named in the
Contract Agreement.
(iii)
“Project Site(s)” means the place(s) specified in
the SCC for the supply and installation of the
System.
(iv) “Eligible Country” means the countries and
territories eligible for participation in
procurements financed by the World Bank as
defined in the Procurement Guidelines. (Note:
The World Bank maintains a list of countries
from which Bidders, Goods, and Services are
not eligible to participate in procurement
financed by the Bank. The list is regularly
updated and can be obtained from the Public
Information Center of the Bank or its web site
on procurement. A copy of the list is contained
Section IV. General Conditions of Contract
63
in the Section of the Bidding Documents entitled
“Eligible Countries for the Provision of Goods,
Works, and Services in Bank-Financed
Procurement”).
(v)
“Day” means calendar day of the Gregorian
Calendar.
(vi) “Week” means seven (7) consecutive Days,
beginning the day of the week as is customary in
the Purchaser’s Country.
(vii) “Month” means calendar month of the Gregorian
Calendar.
(viii) “Year” means twelve (12) consecutive Months.
(ix) “Effective Date” means the date of fulfillment of
all conditions specified in Article 3 (Effective
Date for Determining Time for Achieving
Operational Acceptance) of the Contract
Agreement, for the purpose of determining the
Delivery,
Installation,
and
Operational
Acceptance dates for the System or
Subsystem(s).
(x)
“Contract Period” is the time period during
which this Contract governs the relations and
obligations of the Purchaser and Supplier in
relation to the System, as specified in the SCC.
(xi) “Defect Liability Period” (also referred to as the
“Warranty Period”) means the period of validity
of the warranties given by the Supplier
commencing at date of the Operational
Acceptance Certificate of the System or
Subsystem(s), during which the Supplier is
responsible for defects with respect to the
System (or the relevant Subsystem[s]) as
provided in GCC Clause 29 (Defect Liability).
(xii) “The Post-Warranty Services Period” means the
number of years defined in the SCC (if any),
following the expiration of the Warranty Period
during which the Supplier may be obligated to
provide Software licenses, maintenance, and/or
technical support services for the System, either
under this Contract or under separate contract(s).
64
Section IV. General Conditions of Contract
(xiii) “The Coverage Period” means the Days of the
Week and the hours of those Days during which
maintenance, operational, and/or technical
support services (if any) must be available.
2. Contract
Documents
2.1
Subject to Article 1.2 (Order of Precedence) of the Contract
Agreement, all documents forming part of the Contract (and
all parts of these documents) are intended to be correlative,
complementary, and mutually explanatory. The Contract
shall be read as a whole.
3. Interpretation
3.1
Governing Language
3.1.1 All Contract Documents and related correspondence
exchanged between Purchaser and Supplier shall be
written in the language specified in the SCC, and the
Contract shall be construed and interpreted in
accordance with that language.
3.1.2 If any of the Contract Documents or related
correspondence are prepared in a language other than
the governing language under GCC Clause 3.1.1
above, the translation of such documents into the
governing language shall prevail in matters of
interpretation. The originating party, with respect to
such documents shall bear the costs and risks of such
translation.
3.2
Singular and Plural
The singular shall include the plural and the plural the
singular, except where the context otherwise requires.
3.3
Headings
The headings and marginal notes in the GCC are included
for ease of reference and shall neither constitute a part of
the Contract nor affect its interpretation.
3.4
Persons
Words importing persons or parties shall include firms,
corporations, and government entities.
3.5
Incoterms
Unless inconsistent with any provision of the Contract, the
meaning of any trade term and the rights and obligations of
parties thereunder shall be as prescribed by the current
Incoterms (“Incoterms 2000” or a more recent version if
Section IV. General Conditions of Contract
65
and as published). Incoterms are the international rules for
interpreting trade terms published by the International
Chamber of Commerce, 38 Cours Albert 1er, 75008 Paris,
France.
3.6
Entire Agreement
The Contract constitutes the entire agreement between the
Purchaser and Supplier with respect to the subject matter of
Contract and supersedes all communications, negotiations,
and agreements (whether written or oral) of parties with
respect to the subject matter of the Contract made prior to
the date of Contract.
3.7
Amendment
No amendment or other variation of the Contract shall be
effective unless it is in writing, is dated, expressly refers to
the Contract, and is signed by a duly authorized
representative of each party to the Contract.
3.8
Independent Supplier
The Supplier shall be an independent contractor performing
the Contract. The Contract does not create any agency,
partnership, joint venture, or other joint relationship
between the parties to the Contract.
Subject to the provisions of the Contract, the Supplier shall
be solely responsible for the manner in which the Contract
is performed.
All employees, representatives, or
Subcontractors engaged by the Supplier in connection with
the performance of the Contract shall be under the complete
control of the Supplier and shall not be deemed to be
employees of the Purchaser, and nothing contained in the
Contract or in any subcontract awarded by the Supplier
shall be construed to create any contractual relationship
between any such employees, representatives, or
Subcontractors and the Purchaser.
3.9
Joint Venture
If the Supplier is a Joint Venture of two or more firms, all
such firms shall be jointly and severally bound to the
Purchaser for the fulfillment of the provisions of the
Contract and shall designate one of such firms to act as a
leader with authority to bind the Joint Venture. The
composition or constitution of the Joint Venture shall not be
66
Section IV. General Conditions of Contract
altered without the prior consent of the Purchaser.
3.10 Nonwaiver
3.10.1 Subject to GCC Clause 3.10.2 below, no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the
Contract or the granting of time by either party to
the other shall prejudice, affect, or restrict the rights
of that party under the Contract, nor shall any
waiver by either party of any breach of Contract
operate as waiver of any subsequent or continuing
breach of Contract.
3.10.2 Any waiver of a party’s rights, powers, or remedies
under the Contract must be in writing, must be dated
and signed by an authorized representative of the
party granting such waiver, and must specify the
right and the extent to which it is being waived.
3.11 Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition,
invalidity, or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the
Contract.
3.12 Country of Origin
“Origin” means the place where the Information
Technologies, Materials, and other Goods for the System
were produced or from which the Services are supplied.
Goods are produced when, through manufacturing,
processing, Software development, or substantial and major
assembly or integration of components, a commercially
recognized product results that is substantially different in
basic characteristics or in purpose or utility from its
components. The Origin of Goods and Services is distinct
from the nationality of the Supplier and may be different.
4. Notices
4.1
Unless otherwise stated in the Contract, all notices to be
given under the Contract shall be in writing and shall be
sent, pursuant to GCC Clause 4.3 below, by personal
delivery, airmail post, special courier, cable, telegraph,
telex, facsimile, electronic mail, or Electronic Data
Interchange (EDI), with the following provisions.
4.1.1 Any notice sent by cable, telegraph, telex, facsimile,
Section IV. General Conditions of Contract
67
electronic mail, or EDI shall be confirmed within two
(2) days after dispatch by notice sent by airmail post
or special courier, except as otherwise specified in the
Contract.
4.1.2 Any notice sent by airmail post or special courier shall
be deemed (in the absence of evidence of earlier
receipt) to have been delivered ten (10) days after
dispatch. In proving the fact of dispatch, it shall be
sufficient to show that the envelope containing such
notice was properly addressed, stamped, and
conveyed to the postal authorities or courier service
for transmission by airmail or special courier.
4.1.3 Any notice delivered personally or sent by cable,
telegraph, telex, facsimile, electronic mail, or EDI
shall be deemed to have been delivered on the date of
its dispatch.
4.1.4 Either party may change its postal, cable, telex,
facsimile, electronic mail, or EDI addresses for receipt
of such notices by ten (10) days’ notice to the other
party in writing.
5. Governing Law
4.2
Notices shall be deemed to include any approvals, consents,
instructions, orders, certificates, information and other
communication to be given under the Contract.
4.3
Pursuant to GCC Clause 18, notices from/to the Purchaser
are normally given by, or addressed to, the Project
Manager, while notices from/to the Supplier are normally
given by, or addressed to, the Supplier's Representative, or
in its absence its deputy if any. If there is no appointed
Project Manager or Supplier's Representative (or deputy),
or if their related authority is limited by the SCC for GCC
Clauses 18.1 or 18.2.2, or for any other reason, the
Purchaser or Supplier may give and receive notices at their
fallback addresses. The address of the Project Manager and
the fallback address of the Purchaser are as specified in the
SCC or as subsequently established/amended. The address
of the Supplier's Representative and the fallback address of
the Supplier are as specified in Appendix 1 of the Contract
Agreement or as subsequently established/amended.
5.1
The Contract shall be governed by and interpreted in
accordance with the laws of the country specified in the
SCC.
68
6. Settlement of
Disputes
Section IV. General Conditions of Contract
6.1
Adjudication
6.1.1 If any dispute of any kind whatsoever shall arise
between the Purchaser and the Supplier in connection
with or arising out of the Contract, including without
prejudice to the generality of the foregoing, any
question regarding its existence, validity, or
termination, or the operation of the System (whether
during the progress of implementation or after its
achieving Operational Acceptance and whether before
or after the termination, abandonment, or breach of
the Contract), the parties shall seek to resolve any
such dispute by mutual consultation. If the parties fail
to resolve such a dispute by mutual consultation
within fourteen (14) days after one party has notified
the other in writing of the dispute, then, if the
Contract Agreement in Appendix 2 includes and
names an Adjudicator, the dispute shall, within
another fourteen (14) days, be referred in writing by
either party to the Adjudicator, with a copy to the
other party. If there is no Adjudicator specified in the
Contract Agreement, the mutual consultation period
stated above shall last twenty-eight (28) days (instead
of fourteen), upon expiry of which either party may
move to the notification of arbitration pursuant to
GCC Clause 6.2.1.
6.1.2 The Adjudicator shall give his or her decision in
writing to both parties within twenty-eight (28) days
of the dispute being referred to the Adjudicator. If the
Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the
Purchaser or the Supplier within fifty-six (56) days of
such reference, the decision shall become final and
binding upon the Purchaser and the Supplier. Any
decision that has become final and binding shall be
implemented by the parties forthwith.
6.1.3 The Adjudicator shall be paid an hourly fee at the rate
specified in the Contract Agreement plus reasonable
expenditures incurred in the execution of duties as
Adjudicator, and these costs shall be divided equally
between the Purchaser and the Supplier.
6.1.4 Should the Adjudicator resign or die, or should the
Purchaser and the Supplier agree that the Adjudicator
is not fulfilling his or her functions in accordance with
Section IV. General Conditions of Contract
69
the provisions of the Contract, a new Adjudicator
shall be jointly appointed by the Purchaser and the
Supplier. Failing agreement between the two within
twenty-eight (28) days, the new Adjudicator shall be
appointed at the request of either party by the
Appointing Authority specified in the SCC, or, if no
Appointing Authority is specified in SCC, the
Contract shall, from this point onward and until the
parties may otherwise agree on an Adjudicator or an
Appointing Authority, be implemented as if there is
no Adjudicator.
6.2
Arbitration
6.2.1 If
(a) the Purchaser or the Supplier is dissatisfied with
the Adjudicator’s decision and acts before this
decision has become final and binding pursuant
to GCC Clause 6.1.2, or
(b) the Adjudicator fails to give a decision within the
allotted time from referral of the dispute pursuant
to GCC Clause 6.1.2, and the Purchaser or the
Supplier acts within the following fourteen (14)
days, or
(c) in the absence of an Adjudicator from the
Contract Agreement, the mutual consultation
pursuant to GCC Clause 6.1.1 expires without
resolution of the dispute and the Purchaser or the
Supplier acts within the following fourteen (14)
days,
then either the Purchaser or the Supplier may act to
give notice to the other party, with a copy for
information to the Adjudicator in case an Adjudicator
had been involved, of its intention to commence
arbitration, as provided below, as to the matter in
dispute, and no arbitration in respect of this matter
may be commenced unless such notice is given.
6.2.2 Any dispute in respect of which a notice of intention
to commence arbitration has been given, in
accordance with GCC Clause 6.2.1, shall be finally
settled by arbitration. Arbitration may be commenced
prior to or after Installation of the Information System.
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Section IV. General Conditions of Contract
6.2.3 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in
the SCC.
6.3
Notwithstanding any reference to the Adjudicator or
arbitration in this clause,
(a)
the parties shall continue to perform their respective
obligations under the Contract unless they otherwise
agree;
(b)
the Purchaser shall pay the Supplier any monies due
the Supplier.
B. SUBJECT MATTER OF CONTRACT
7. Scope of the
System
8. Time for
Commencement
and Operational
Acceptance
7.1
Unless otherwise expressly limited in the SCC or Technical
Requirements, the Supplier’s obligations cover the provision
of all Information Technologies, Materials and other Goods
as well as the performance of all Services required for the
design, development, and implementation (including
procurement, quality assurance, assembly, associated site
preparation, Delivery, Pre-commissioning, Installation,
Testing, and Commissioning) of the System, in accordance
with the plans, procedures, specifications, drawings, codes,
and any other documents specified in the Contract and the
Agreed and Finalized Project Plan.
7.2
The Supplier shall, unless specifically excluded in the
Contract, perform all such work and / or supply all such
items and Materials not specifically mentioned in the
Contract but that can be reasonably inferred from the
Contract as being required for attaining Operational
Acceptance of the System as if such work and / or items and
Materials were expressly mentioned in the Contract.
7.3
The Supplier’s obligations (if any) to provide Goods and
Services as implied by the Recurrent Cost tables of the
Supplier’s bid, such as consumables, spare parts, and
technical services (e.g., maintenance, technical assistance,
and operational support), are as specified in the SCC,
including the relevant terms, characteristics, and timings.
8.1
The Supplier shall commence work on the System within the
period specified in the SCC, and without prejudice to GCC
Clause 28.2, the Supplier shall thereafter proceed with the
System in accordance with the time schedule specified in the
Section IV. General Conditions of Contract
71
Implementation Schedule in the Technical Requirements
Section and any refinements made in the Agreed and
Finalized Project Plan.
9. Supplier’s
Responsibilities
8.2
The Supplier shall achieve Operational Acceptance of the
System (or Subsystem(s) where a separate time for
Operational Acceptance of such Subsystem(s) is specified in
the Contract) within the time specified in the SCC and in
accordance with the time schedule specified in the
Implementation Schedule in the Technical Requirements
Section and any refinements made in the Agreed and
Finalized Project Plan, or within such extended time to
which the Supplier shall be entitled under GCC Clause 40
(Extension of Time for Achieving Operational Acceptance).
9.1
The Supplier shall conduct all activities with due care and
diligence, in accordance with the Contract and with the skill
and care expected of a competent provider of information
technologies, information systems, support, maintenance,
training, and other related services, or in accordance with
best industry practices. In particular, the Supplier shall
provide and employ only technical personnel who are skilled
and experienced in their respective callings and supervisory
staff who are competent to adequately supervise the work at
hand.
9.2
The Supplier confirms that it has entered into this Contract
on the basis of a proper examination of the data relating to
the System provided by the Purchaser and on the basis of
information that the Supplier could have obtained from a
visual inspection of the site (if access to the site was
available) and of other data readily available to the Supplier
relating to the System as at the date twenty-eight (28) days
prior to bid submission. The Supplier acknowledges that any
failure to acquaint itself with all such data and information
shall not relieve its responsibility for properly estimating the
difficulty or cost of successfully performing the Contract.
9.3
The Supplier shall be responsible for timely provision of all
resources, information, and decision making under its
control that are necessary to reach a mutually Agreed and
Finalized Project Plan (pursuant to GCC Clause 19.2) within
the time schedule specified in the Implementation Schedule
in the Technical Requirements Section. Failure to provide
such resources, information, and decision making may
constitute grounds for termination pursuant to GCC
Clause 41.2.
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Section IV. General Conditions of Contract
9.4
The Supplier shall acquire in its name all permits, approvals,
and/or licenses from all local, state, or national government
authorities or public service undertakings in the Purchaser’s
Country that are necessary for the performance of the
Contract, including, without limitation, visas for the
Supplier’s and Subcontractor’s personnel and entry permits
for all imported Supplier’s Equipment. The Supplier shall
acquire all other permits, approvals, and/or licenses that are
not the responsibility of the Purchaser under GCC
Clause 10.4 and that are necessary for the performance of the
Contract.
9.5
The Supplier shall comply with all laws in force in the
Purchaser’s Country. The laws will include all national,
provincial, municipal, or other laws that affect the
performance of the Contract and are binding upon the
Supplier. The Supplier shall indemnify and hold harmless
the Purchaser from and against any and all liabilities,
damages, claims, fines, penalties, and expenses of whatever
nature arising or resulting from the violation of such laws by
the Supplier or its personnel, including the Subcontractors
and their personnel, but without prejudice to GCC
Clause 10.1. The Supplier shall not indemnify the Purchaser
to the extent that such liability, damage, claims, fines,
penalties, and expenses were caused or contributed to by a
fault of the Purchaser.
9.6
The Supplier shall, in all dealings with its labor and the labor
of its Subcontractors currently employed on or connected
with the Contract, pay due regard to all recognized festivals,
official holidays, religious or other customs, and all local
laws and regulations pertaining to the employment of labor.
9.7
Any Information Technologies or other Goods and Services
that will be incorporated in or be required for the System and
other supplies shall have their Origin, as defined in GCC
Clause 3.12, in a country that shall be an Eligible Country, as
defined in GCC Clause 1.1 (e) (iv).
9.8
The Supplier shall permit the Bank and/or persons appointed
by the Bank to inspect the Supplier’s offices and/or the
accounts and records of the Supplier and its sub-contractors
relating to the performance of the Contract, and to have such
accounts and records audited by auditors appointed by the
Bank if required by the Bank. The Supplier’s attention is
drawn to Sub-Clause 41.2.1(c), which provides, inter alia,
that acts intended to materially impede the exercise of the
Section IV. General Conditions of Contract
73
Bank’s inspection and audit rights provided for under SubClause 9.8 constitute a prohibited practice subject to contract
termination (as well as to a determination of ineligibility
under the Procurement Guidelines)
9.9
10. Purchaser’s
Responsibilities
Other Supplier responsibilities, if any, are as stated in the
SCC.
10.1 The Purchaser shall ensure the accuracy of all information
and/or data to be supplied by the Purchaser to the Supplier,
except when otherwise expressly stated in the Contract.
10.2 The Purchaser shall be responsible for timely provision of all
resources, information, and decision making under its control
that are necessary to reach an Agreed and Finalized Project
Plan (pursuant to GCC Clause 19.2) within the time schedule
specified in the Implementation Schedule in the Technical
Requirements Section. Failure to provide such resources,
information, and decision making may constitute grounds for
Termination pursuant to GCC Clause 41.3.1 (b).
10.3 The Purchaser shall be responsible for acquiring and providing
legal and physical possession of the site and access to it, and for
providing possession of and access to all other areas reasonably
required for the proper execution of the Contract.
10.4 If requested by the Supplier, the Purchaser shall use its best
endeavors to assist the Supplier in obtaining in a timely and
expeditious manner all permits, approvals, and/or licenses
necessary for the execution of the Contract from all local,
state, or national government authorities or public service
undertakings that such authorities or undertakings require the
Supplier or Subcontractors or the personnel of the Supplier
or Subcontractors, as the case may be, to obtain.
10.5 In such cases where the responsibilities of specifying and
acquiring or upgrading telecommunications and/or electric
power services falls to the Supplier, as specified in the
Technical Requirements, SCC, Agreed and Finalized Project
Plan, or other parts of the Contract, the Purchaser shall use
its best endeavors to assist the Supplier in obtaining such
services in a timely and expeditious manner.
10.6 The Purchaser shall be responsible for timely provision of all
resources, access, and information necessary for the
Installation and Operational Acceptance of the System
(including,
but
not
limited to,
any required
telecommunications or electric power services), as identified
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Section IV. General Conditions of Contract
in the Agreed and Finalized Project Plan, except where
provision of such items is explicitly identified in the Contract
as being the responsibility of the Supplier. Delay by the
Purchaser may result in an appropriate extension of the Time
for Operational Acceptance, at the Supplier’s discretion.
10.7 Unless otherwise specified in the Contract or agreed upon by
the Purchaser and the Supplier, the Purchaser shall provide
sufficient, properly qualified operating and technical
personnel, as required by the Supplier to properly carry out
Delivery, Pre-commissioning, Installation, Commissioning,
and Operational Acceptance, at or before the time specified
in the Technical Requirements Section’s Implementation
Schedule and the Agreed and Finalized Project Plan.
10.8 The Purchaser will designate appropriate staff for the
training courses to be given by the Supplier and shall make
all appropriate logistical arrangements for such training as
specified in the Technical Requirements, SCC, the Agreed
and Finalized Project Plan, or other parts of the Contract.
10.9 The Purchaser assumes primary responsibility for the
Operational Acceptance Test(s) for the System, in
accordance with GCC Clause 27.2, and shall be responsible
for the continued operation of the System after Operational
Acceptance. However, this shall not limit in any way the
Supplier’s responsibilities after the date of Operational
Acceptance otherwise specified in the Contract.
10.10 The Purchaser is responsible for performing and safely
storing timely and regular backups of its data and Software
in accordance with accepted data management principles,
except where such responsibility is clearly assigned to the
Supplier elsewhere in the Contract.
10.11 All costs and expenses involved in the performance of the
obligations under this GCC Clause 10 shall be the
responsibility of the Purchaser, save those to be incurred by
the Supplier with respect to the performance of the
Operational Acceptance Test(s), in accordance with GCC
Clause 27.2.
10.12 Other Purchaser responsibilities, if any, are as stated in
the SCC.
Section IV. General Conditions of Contract
75
C. PAYMENT
11. Contract Price
11.1 The Contract Price shall be as specified in Article 2
(Contract Price and Terms of Payment) of the Contract
Agreement.
11.2 The Contract Price shall be a firm lump sum not subject to
any alteration, except:
(a)
in the event of a Change in the System pursuant to
GCC Clause 39 or to other clauses in the Contract;
(b)
in accordance with the price adjustment formula (if
any) specified in the SCC.
11.3 The Supplier shall be deemed to have satisfied itself as to the
correctness and sufficiency of the Contract Price, which
shall, except as otherwise provided for in the Contract, cover
all its obligations under the Contract.
12. Terms of
Payment
12.1 The Supplier’s request for payment shall be made to the
Purchaser in writing, accompanied by an invoice describing,
as appropriate, the System or Subsystem(s), Delivered, Precommissioned, Installed, and Operationally Accepted, and
by documents submitted pursuant to GCC Clause 22.5 and
upon fulfillment of other obligations stipulated in the
Contract.
The Contract Price shall be paid as specified in the SCC.
12.2 No payment made by the Purchaser herein shall be deemed
to constitute acceptance by the Purchaser of the System or
any Subsystem(s).
12.3 Payments shall be made promptly by the Purchaser, but in no
case later than forty five (45) days after submission of a valid
invoice by the Supplier. In the event that the Purchaser fails
to make any payment by its respective due date or within the
period set forth in the Contract, the Purchaser shall pay to the
Supplier interest on the amount of such delayed payment at
the rate(s) specified in the SCC for the period of delay until
payment has been made in full, whether before or after
judgment or arbitration award.
12.4 All payments shall be made in the currency(ies) specified in
the Contract Agreement, pursuant to GCC Clause 11. For
Goods and Services supplied locally, payments shall be
made in the currency of the Purchaser’s Country, unless
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Section IV. General Conditions of Contract
otherwise specified in the SCC.
12.5 Unless otherwise specified in the SCC, payment of the
foreign currency portion of the Contract Price for Goods
supplied from outside the Purchaser’s Country shall be made
to the Supplier through an irrevocable letter of credit opened
by an authorized bank in the Supplier’s Country and will be
payable on presentation of the appropriate documents. It is
agreed that the letter of credit will be subject to Article 10 of
the latest revision of Uniform Customs and Practice for
Documentary Credits, published by the International
Chamber of Commerce, Paris.
13. Securities
13.1 Issuance of Securities
The Supplier shall provide the securities specified below in
favor of the Purchaser at the times and in the amount,
manner, and form specified below.
13.2 Advance Payment Security
13.2.1 As specified in the SCC, the Supplier shall provide a
security equal in amount and currency to the advance
payment, and valid until the System is Operationally
Accepted.
13.2.2 The security shall be in the form provided in the
Bidding Documents or in another form acceptable to
the Purchaser. The amount of the security shall be
reduced in proportion to the value of the System
executed by and paid to the Supplier from time to time
and shall automatically become null and void when
the full amount of the advance payment has been
recovered by the Purchaser. The way the value of the
security is deemed to become reduced and, eventually,
voided is as specified in the SCC. The security shall
be returned to the Supplier immediately after its
expiration.
13.3 Performance Security
13.3.1 The Supplier shall, within twenty-eight (28) days of
the notification of Contract award, provide a security
for the due performance of the Contract in the amount
and currency specified in the SCC.
13.3.2 The security shall be a bank guarantee in the form
provided in the Sample Forms Section of the Bidding
Documents, or it shall be in another form acceptable
Section IV. General Conditions of Contract
77
to the Purchaser.
13.3.3 The security shall automatically become null and void
once all the obligations of the Supplier under the
Contract have been fulfilled, including, but not limited
to, any obligations during the Warranty Period and
any extensions to the period. The security shall be
returned to the Supplier no later than twenty-eight (28)
days after its expiration.
13.3.4 Upon Operational Acceptance of the entire System,
the security shall be reduced to the amount specified
in the SCC, on the date of such Operational
Acceptance, so that the reduced security would only
cover the remaining warranty obligations of the
Supplier.
14. Taxes and Duties
14.1 For Goods or Services supplied from outside the Purchaser’s
country, the Supplier shall be entirely responsible for all
taxes, stamp duties, license fees, and other such levies
imposed outside the Purchaser’s country. Any duties, such
as importation or customs duties, and taxes and other levies,
payable in the Purchaser’s country for the supply of Goods
and Services from outside the Purchaser’s country are the
responsibility of the Purchaser unless these duties or taxes
have been made part of the Contract Price in Article 2 of the
Contract Agreement and the Price Schedule it refers to, in
which case the duties and taxes will be the Supplier’s
responsibility.
14.2 For Goods or Services supplied locally, the Supplier shall be
entirely responsible for all taxes, duties, license fees, etc.,
incurred until delivery of the contracted Goods or Services to
the Purchaser. The only exception are taxes or duties, such
as value-added or sales tax or stamp duty as apply to, or are
clearly identifiable, on the invoices and provided they apply
in the Purchaser’s country, and only if these taxes, levies
and/or duties are also excluded from the Contract Price in
Article 2 of the Contract Agreement and the Price Schedule
it refers to.
14.3 If any tax exemptions, reductions, allowances, or privileges
may be available to the Supplier in the Purchaser’s Country,
the Purchaser shall use its best efforts to enable the Supplier
to benefit from any such tax savings to the maximum
allowable extent.
14.4 For the purpose of the Contract, it is agreed that the Contract
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Section IV. General Conditions of Contract
Price specified in Article 2 (Contract Price and Terms of
Payment) of the Contract Agreement is based on the taxes,
duties, levies, and charges prevailing at the date twenty-eight
(28) days prior to the date of bid submission in the
Purchaser’s Country (also called “Tax” in this GCC Clause
14.4). If any Tax rates are increased or decreased, a new Tax
is introduced, an existing Tax is abolished, or any change in
interpretation or application of any Tax occurs in the course
of the performance of the Contract, which was or will be
assessed on the Supplier, its Subcontractors, or their
employees in connection with performance of the Contract,
an equitable adjustment to the Contract Price shall be made
to fully take into account any such change by addition to or
reduction from the Contract Price, as the case may be.
D. INTELLECTUAL PROPERTY
15. Copyright
15.1 The Intellectual Property Rights in all Standard Software and
Standard Materials shall remain vested in the owner of such
rights.
15.2 The Purchaser agrees to restrict use, copying, or duplication
of the Standard Software and Standard Materials in
accordance with GCC Clause 16, except that additional
copies of Standard Materials may be made by the Purchaser
for use within the scope of the project of which the System is
a part, in the event that the Supplier does not deliver copies
within thirty (30) days from receipt of a request for such
Standard Materials.
15.3 The Purchaser’s contractual rights to use the Standard
Software or elements of the Standard Software may not be
assigned, licensed, or otherwise transferred voluntarily
except in accordance with the relevant license agreement or
as may be otherwise specified in the SCC.
15.4 As applicable, the Purchaser’s and Supplier’s rights and
obligations with respect to Custom Software or elements of
the Custom Software, including any license agreements, and
with respect to Custom Materials or elements of the Custom
Materials, are specified in the SCC. Subject to the SCC,
the Intellectual Property Rights in all Custom Software and
Custom Materials specified in Appendices 4 and 5 of the
Contract Agreement (if any) shall, at the date of this
Contract or on creation of the rights (if later than the date of
this Contract), vest in the Purchaser. The Supplier shall do
Section IV. General Conditions of Contract
79
and execute or arrange for the doing and executing of each
necessary act, document, and thing that the Purchaser may
consider necessary or desirable to perfect the right, title, and
interest of the Purchaser in and to those rights. In respect of
such Custom Software and Custom Materials, the Supplier
shall ensure that the holder of a moral right in such an item
does not assert it, and the Supplier shall, if requested to do so
by the Purchaser and where permitted by applicable law,
ensure that the holder of such a moral right waives it.
15.5 The parties shall enter into such (if any) escrow
arrangements in relation to the Source Code to some or all of
the Software as are specified in the SCC and in accordance
with the SCC.
16. Software License
Agreements
16.1 Except to the extent that the Intellectual Property Rights in
the Software vest in the Purchaser, the Supplier hereby
grants to the Purchaser license to access and use the
Software, including all inventions, designs, and marks
embodied in the Software.
Such license to access and use the Software shall:
(a)
be:
(i)
nonexclusive;
(ii)
fully paid up and irrevocable (except that it shall
terminate if the Contract terminates under GCC
Clauses 41.1 or 41.3);
(iii) valid throughout the territory of the Purchaser’s
Country (or such other territory as specified in
the SCC); and
(iv) subject to additional restrictions (if any) as
specified in the SCC.
(b)
permit the Software to be:
(i)
used or copied for use on or with the computer(s)
for which it was acquired (if specified in the
Technical Requirements and/or the Supplier’s
bid), plus a backup computer(s) of the same or
similar capacity, if the primary is(are)
inoperative, and during a reasonable transitional
period when use is being transferred between
primary and backup;
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Section IV. General Conditions of Contract
(ii)
as specified in the SCC, used or copied for use
on or transferred to a replacement computer(s),
(and use on the original and replacement
computer(s) may be simultaneous during a
reasonable transitional period) provided that, if
the Technical Requirements and/or the Supplier’s
bid specifies a class of computer to which the
license is restricted and unless the Supplier agrees
otherwise in writing, the replacement computer(s)
is(are) within that class;
(iii) if the nature of the System is such as to permit
such access, accessed from other computers
connected to the primary and/or backup
computer(s) by means of a local or wide-area
network or similar arrangement, and used on or
copied for use on those other computers to the
extent necessary to that access;
(iv) reproduced for safekeeping or backup purposes;
(v)
customized, adapted, or combined with other
computer software for use by the Purchaser,
provided that derivative software incorporating
any substantial part of the delivered, restricted
Software shall be subject to same restrictions as
are set forth in this Contract;
(vi) as specified in the SCC, disclosed to, and
reproduced for use by, support service suppliers
and their subcontractors, (and the Purchaser may
sublicense such persons to use and copy for use
the Software) to the extent reasonably necessary
to the performance of their support service
contracts, subject to the same restrictions as are
set forth in this Contract; and
(vii) disclosed to, and reproduced for use by, the
Purchaser and by such other persons as are
specified in the SCC (and the Purchaser may
sublicense such persons to use and copy for use
the Software), subject to the same restrictions as
are set forth in this Contract.
16.2 The Standard Software may be subject to audit by the
Supplier, in accordance with the terms specified in the SCC,
to verify compliance with the above license agreements.
Section IV. General Conditions of Contract
17. Confidential
Information
81
17.1 Except if otherwise specified in the SCC, the "Receiving
Party" (either the Purchaser or the Supplier) shall keep
confidential and shall not, without the written consent of the
other party to this Contract (“the Disclosing Party”), divulge
to any third party any documents, data, or other information
of a confidential nature (“Confidential Information”)
connected with this Contract, and furnished directly or
indirectly by the Disclosing Party prior to or during
performance, or following termination, of this Contract.
17.2 For the purposes of GCC Clause 17.1, the Supplier is also
deemed to be the Receiving Party of Confidential
Information generated by the Supplier itself in the course of
the performance of its obligations under the Contract and
relating to the businesses, finances, suppliers, employees, or
other contacts of the Purchaser or the Purchaser’s use of the
System.
17.3 Notwithstanding GCC Clauses 17.1 and 17.2:
(a)
the Supplier may furnish to its Subcontractor
Confidential Information of the Purchaser to the extent
reasonably required for the Subcontractor to perform
its work under the Contract; and
(b)
the Purchaser may furnish Confidential Information of
the Supplier: (i) to its support service suppliers and
their subcontractors to the extent reasonably required
for them to perform their work under their support
service contracts; and (ii) to its affiliates and
subsidiaries,
in which event the Receiving Party shall ensure that the
person to whom it furnishes Confidential Information of the
Disclosing Party is aware of and abides by the Receiving
Party’s obligations under this GCC Clause 17 as if that
person were party to the Contract in place of the Receiving
Party.
17.4 The Purchaser shall not, without the Supplier’s prior written
consent, use any Confidential Information received from the
Supplier for any purpose other than the operation,
maintenance and further development of the System.
Similarly, the Supplier shall not, without the Purchaser’s
prior written consent, use any Confidential Information
received from the Purchaser for any purpose other than those
that are required for the performance of the Contract.
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Section IV. General Conditions of Contract
17.5 The obligation of a party under GCC Clauses 17.1 through
17.4 above, however, shall not apply to that information
which:
(a)
now or hereafter enters the public domain through no
fault of the Receiving Party;
(b)
can be proven to have been possessed by the Receiving
Party at the time of disclosure and that was not
previously obtained, directly or indirectly, from the
Disclosing Party;
(c)
otherwise lawfully becomes available to the Receiving
Party from a third party that has no obligation of
confidentiality.
17.6 The above provisions of this GCC Clause 17 shall not in any
way modify any undertaking of confidentiality given by
either of the parties to this Contract prior to the date of the
Contract in respect of the System or any part thereof.
17.7 The provisions of this GCC Clause 17 shall survive the
termination, for whatever reason, of the Contract for three
(3) years or such longer period as may be specified in the
SCC.
E. SUPPLY, INSTALLATION, TESTING,
COMMISSIONING, AND ACCEPTANCE OF THE SYSTEM
18.
Representatives
18.1 Project Manager
If the Project Manager is not named in the Contract, then
within fourteen (14) days of the Effective Date, the
Purchaser shall appoint and notify the Supplier in writing of
the name of the Project Manager. The Purchaser may from
time to time appoint some other person as the Project
Manager in place of the person previously so appointed and
shall give a notice of the name of such other person to the
Supplier without delay. No such appointment shall be made
at such a time or in such a manner as to impede the progress
of work on the System. Such appointment shall take effect
only upon receipt of such notice by the Supplier. Subject to
the extensions and/or limitations specified in the SCC (if
any), the Project Manager shall have the authority to
represent the Purchaser on all day-to-day matters relating to
the System or arising from the Contract, and shall normally
be the person giving or receiving notices on behalf of the
Section IV. General Conditions of Contract
83
Purchaser pursuant to GCC Clause 4.
18.2 Supplier’s Representative
18.2.1 If the Supplier’s Representative is not named in the
Contract, then within fourteen (14) days of the
Effective Date, the Supplier shall appoint the
Supplier’s Representative and shall request the
Purchaser in writing to approve the person so
appointed. The request must be accompanied by a
detailed curriculum vitae for the nominee, as well as a
description of any other System or non-System
responsibilities the nominee would retain while
performing the duties of the Supplier’s Representative.
If the Purchaser does not object to the appointment
within fourteen (14) days, the Supplier’s
Representative shall be deemed to have been
approved. If the Purchaser objects to the appointment
within fourteen (14) days giving the reason therefor,
then the Supplier shall appoint a replacement within
fourteen (14) days of such objection in accordance
with this GCC Clause 18.2.1.
18.2.2 Subject to the extensions and/or limitations specified
in the SCC (if any), the Supplier’s Representative
shall have the authority to represent the Supplier on all
day-to-day matters relating to the System or arising
from the Contract, and shall normally be the person
giving or receiving notices on behalf of the Supplier
pursuant to GCC Clause 4.
18.2.3 The Supplier shall not revoke the appointment of the
Supplier’s Representative without the Purchaser’s
prior written consent, which shall not be unreasonably
withheld. If the Purchaser consents to such an action,
the Supplier shall appoint another person of equal or
superior
qualifications
as
the
Supplier’s
Representative, pursuant to the procedure set out in
GCC Clause 18.2.1.
18.2.4 The Supplier’s Representative and staff are obliged to
work closely with the Purchaser’s Project Manager
and staff, act within their own authority, and abide by
directives issued by the Purchaser that are consistent
with the terms of the Contract. The Supplier’s
Representative is responsible for managing the
activities of its personnel and any subcontracted
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Section IV. General Conditions of Contract
personnel.
18.2.5 The Supplier’s Representative may, subject to the
approval of the Purchaser (which shall not be
unreasonably withheld), at any time delegate to any
person any of the powers, functions, and authorities
vested in him or her. Any such delegation may be
revoked at any time.
Any such delegation or
revocation shall be subject to a prior notice signed by
the Supplier’s Representative and shall specify the
powers, functions, and authorities thereby delegated or
revoked. No such delegation or revocation shall take
effect unless and until the notice of it has been
delivered.
18.2.6 Any act or exercise by any person of powers,
functions and authorities so delegated to him or her in
accordance with GCC Clause 18.2.5 shall be deemed
to be an act or exercise by the Supplier’s
Representative.
18.3 Objections and Removals
18.3.1 The Purchaser may by notice to the Supplier object to
any representative or person employed by the Supplier
in the execution of the Contract who, in the reasonable
opinion of the Purchaser, may have behaved
inappropriately, be incompetent, or be negligent. The
Purchaser shall provide evidence of the same,
whereupon the Supplier shall remove such person
from work on the System.
18.3.2 If any representative or person employed by the
Supplier is removed in accordance with GCC Clause
18.3.1, the Supplier shall, where required, promptly
appoint a replacement.
19. Project Plan
19.1 In close cooperation with the Purchaser and based on the
Preliminary Project Plan included in the Supplier’s bid, the
Supplier shall develop a Project Plan encompassing the
activities specified in the Contract. The contents of the
Project Plan shall be as specified in the SCC and/or
Technical Requirements.
19.2 The Supplier shall formally present to the Purchaser the
Project Plan in accordance with the procedure specified in
the SCC.
Section IV. General Conditions of Contract
85
19.3 If required, the impact on the Implementation Schedule of
modifications agreed during finalization of the Agreed and
Finalized Project Plan shall be incorporated in the Contract
by amendment, in accordance with GCC Clauses 39 and 40.
19.4 The Supplier shall undertake to supply, install, test, and
commission the System in accordance with the Agreed and
Finalized Project Plan and the Contract.
19.5 The Progress and other reports specified in the SCC shall be
prepared by the Supplier and submitted to the Purchaser in
the format and frequency specified in the Technical
Requirements.
20. Subcontracting
20.1 Appendix 3 (List of Approved Subcontractors) to the
Contract Agreement specifies critical items of supply or
services and a list of Subcontractors for each item that are
considered acceptable by the Purchaser.
If no
Subcontractors are listed for an item, the Supplier shall
prepare a list of Subcontractors it considers qualified and
wishes to be added to the list for such items. The Supplier
may from time to time propose additions to or deletions from
any such list. The Supplier shall submit any such list or any
modification to the list to the Purchaser for its approval in
sufficient time so as not to impede the progress of work on
the System. The Purchaser shall not withhold such approval
unreasonably.
Such approval by the Purchaser of a
Subcontractor(s) shall not relieve the Supplier from any of
its obligations, duties, or responsibilities under the Contract.
20.2 The Supplier may, at its discretion, select and employ
Subcontractors for such critical items from those
Subcontractors listed pursuant to GCC Clause 20.1. If the
Supplier wishes to employ a Subcontractor not so listed, or
subcontract an item not so listed, it must seek the
Purchaser’s prior approval under GCC Clause 20.3.
20.3 For items for which pre-approved Subcontractor lists have
not been specified in Appendix 3 to the Contract Agreement,
the Supplier may employ such Subcontractors as it may
select, provided: (i) the Supplier notifies the Purchaser in
writing at least twenty-eight (28) days prior to the proposed
mobilization date for such Subcontractor; and (ii) by the end
of this period either the Purchaser has granted its approval in
writing or fails to respond. The Supplier shall not engage
any Subcontractor to which the Purchaser has objected in
writing prior to the end of the notice period. The absence of
a written objection by the Purchaser during the above
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Section IV. General Conditions of Contract
specified period shall constitute formal acceptance of the
proposed Subcontractor. Except to the extent that it permits
the deemed approval of the Purchaser of Subcontractors not
listed in the Contract Agreement, nothing in this Clause,
however, shall limit the rights and obligations of either the
Purchaser or Supplier as they are specified in GCC
Clauses 20.1 and 20.2, in the SCC, or in Appendix 3 of the
Contract Agreement.
21. Design and
Engineering
21.1 Technical Specifications and Drawings
21.1.1 The Supplier shall execute the basic and detailed
design and the implementation activities necessary for
successful installation of the System in compliance
with the provisions of the Contract or, where not so
specified, in accordance with good industry practice.
The Supplier shall be responsible for any
discrepancies, errors or omissions in the
specifications, drawings, and other technical
documents that it has prepared, whether such
specifications, drawings, and other documents have
been approved by the Project Manager or not,
provided that such discrepancies, errors, or omissions
are not because of inaccurate information furnished in
writing to the Supplier by or on behalf of the
Purchaser.
21.1.2 The Supplier shall be entitled to disclaim
responsibility for any design, data, drawing,
specification, or other document, or any modification
of such design, drawings, specification, or other
documents provided or designated by or on behalf of
the Purchaser, by giving a notice of such disclaimer to
the Project Manager.
21.2 Codes and Standards
Wherever references are made in the Contract to codes and
standards in accordance with which the Contract shall be
executed, the edition or the revised version of such codes and
standards current at the date twenty-eight (28) days prior to
date of bid submission shall apply unless otherwise specified
in the SCC. During Contract execution, any changes in
such codes and standards shall be applied after approval by
the Purchaser and shall be treated in accordance with GCC
Clause 39.3.
Section IV. General Conditions of Contract
87
21.3 Approval/Review of Technical Documents by the Project
Manager
21.3.1 The Supplier shall prepare and furnish to the Project
Manager the documents as specified in the SCC for
the Project Manager’s approval or review.
Any part of the System covered by or related to the
documents to be approved by the Project Manager
shall be executed only after the Project Manager’s
approval of these documents.
GCC Clauses 21.3.2 through 21.3.7 shall apply to
those documents requiring the Project Manager’s
approval, but not to those furnished to the Project
Manager for its review only.
21.3.2 Within fourteen (14) days after receipt by the Project
Manager of any document requiring the Project
Manager’s approval in accordance with GCC Clause
21.3.1, the Project Manager shall either return one
copy of the document to the Supplier with its approval
endorsed on the document or shall notify the Supplier
in writing of its disapproval of the document and the
reasons for disapproval and the modifications that the
Project Manager proposes. If the Project Manager fails
to take such action within the fourteen (14) days, then
the document shall be deemed to have been approved
by the Project Manager.
21.3.3 The Project Manager shall not disapprove any
document except on the grounds that the document
does not comply with some specified provision of the
Contract or that it is contrary to good industry
practice.
21.3.4 If the Project Manager disapproves the document, the
Supplier shall modify the document and resubmit it
for the Project Manager’s approval in accordance with
GCC Clause 21.3.2. If the Project Manager approves
the document subject to modification(s), the Supplier
shall make the required modification(s), and the
document shall then be deemed to have been
approved, subject to GCC Clause 21.3.5.
The
procedure set out in GCC Clauses 21.3.2 through
21.3.4 shall be repeated, as appropriate, until the
Project Manager approves such documents.
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Section IV. General Conditions of Contract
21.3.5 If any dispute occurs between the Purchaser and the
Supplier in connection with or arising out of the
disapproval by the Project Manager of any document
and/or any modification(s) to a document that cannot
be settled between the parties within a reasonable
period, then, in case the Contract Agreement includes
and names an Adjudicator, such dispute may be
referred to the Adjudicator for determination in
accordance with GCC Clause 6.1 (Adjudicator). If
such dispute is referred to an Adjudicator, the Project
Manager shall give instructions as to whether and if
so, how, performance of the Contract is to proceed.
The Supplier shall proceed with the Contract in
accordance with the Project Manager’s instructions,
provided that if the Adjudicator upholds the Supplier’s
view on the dispute and if the Purchaser has not given
notice under GCC Clause 6.1.2, then the Supplier
shall be reimbursed by the Purchaser for any
additional costs incurred by reason of such
instructions and shall be relieved of such
responsibility or liability in connection with the
dispute and the execution of the instructions as the
Adjudicator shall decide, and the Time for Achieving
Operational
Acceptance
shall
be
extended
accordingly.
21.3.6 The Project Manager’s approval, with or without
modification of the document furnished by the
Supplier, shall not relieve the Supplier of any
responsibility or liability imposed upon it by any
provisions of the Contract except to the extent that any
subsequent failure results from modifications required
by the Project Manager or inaccurate information
furnished in writing to the Supplier by or on behalf of
the Purchaser.
21.3.7 The Supplier shall not depart from any approved
document unless the Supplier has first submitted to
the Project Manager an amended document and
obtained the Project Manager’s approval of the
document, pursuant to the provisions of this GCC
Clause 21.3. If the Project Manager requests any
change in any already approved document and/or in
any document based on such an approved document,
the provisions of GCC Clause 39 (Changes to the
System) shall apply to such request.
Section IV. General Conditions of Contract
22. Procurement,
Delivery, and
Transport
89
22.1 Subject to related Purchaser's responsibilities pursuant to
GCC Clauses 10 and 14, the Supplier shall manufacture or
procure and transport all the Information Technologies,
Materials, and other Goods in an expeditious and orderly
manner to the Project Site.
22.2 Delivery of the Information Technologies, Materials, and
other Goods shall be made by the Supplier in accordance
with the Technical Requirements.
22.3 Early or partial deliveries require the explicit written consent
of the Purchaser, which consent shall not be unreasonably
withheld.
22.4 Transportation
22.4.1 The Supplier shall provide such packing of the Goods
as is required to prevent their damage or deterioration
during shipment.
The packing, marking, and
documentation within and outside the packages shall
comply strictly with the Purchaser’s instructions to
the Supplier.
22.4.2 The Supplier will bear responsibility for and cost of
transport to the Project Sites in accordance with the
terms and conditions used in the specification of
prices in the Price Schedules, including the terms and
conditions of the associated Incoterms.
22.4.3 Unless otherwise specified in the SCC, the Supplier
shall be free to use transportation through carriers
registered in any eligible country and to obtain
insurance from any eligible source country.
22.5 Unless otherwise specified in the SCC, the Supplier will
provide the Purchaser with shipping and other documents, as
specified below:
22.5.1 For Goods supplied from outside the Purchaser’s
Country:
Upon shipment, the Supplier shall notify the Purchaser
and the insurance company contracted by the Supplier
to provide cargo insurance by telex, cable, facsimile,
electronic mail, or EDI with the full details of the
shipment. The Supplier shall promptly send the
following documents to the Purchaser by mail or
courier, as appropriate, with a copy to the cargo
90
Section IV. General Conditions of Contract
insurance company:
(a)
two copies of the Supplier’s invoice showing the
description of the Goods, quantity, unit price, and
total amount;
(b)
usual transportation documents;
(c)
insurance certificate;
(d)
certificate(s) of origin; and
(e)
estimated time and point of arrival in the
Purchaser’s Country and at the site.
22.5.2 For Goods supplied locally (i.e., from within the
Purchaser’s country):
Upon shipment, the Supplier shall notify the Purchaser
by telex, cable, facsimile, electronic mail, or EDI with
the full details of the shipment. The Supplier shall
promptly send the following documents to the
Purchaser by mail or courier, as appropriate:
(a)
two copies of the Supplier’s invoice showing the
Goods’ description, quantity, unit price, and total
amount;
(b)
delivery note, railway receipt, or truck receipt;
(c)
certificate of insurance;
(d)
certificate(s) of origin; and
(e)
estimated time of arrival at the site.
22.6 Customs Clearance
(a)
The Purchaser will bear responsibility for, and cost of,
customs clearance into the Purchaser's country in
accordance the particular Incoterm(s) used for Goods
supplied from outside the Purchaser’s country in the
Price Schedules referred to by Article 2 of the Contract
Agreement.
(b)
At the request of the Purchaser, the Supplier will make
available a representative or agent during the process of
customs clearance in the Purchaser's country for goods
supplied from outside the Purchaser's country. In the
event of delays in customs clearance that are not the
Section IV. General Conditions of Contract
91
fault of the Supplier:
23. Product
Upgrades
(i)
the Supplier shall be entitled to an extension in
the Time for Achieving Operational Acceptance,
pursuant to GCC Clause 40;
(ii)
the Contract Price shall be adjusted to
compensate the Supplier for any additional
storage charges that the Supplier may incur as a
result of the delay.
23.1 At any point during performance of the Contract, should
technological advances be introduced by the Supplier for
Information Technologies originally offered by the Supplier
in its bid and still to be delivered, the Supplier shall be
obligated to offer to the Purchaser the latest versions of the
available Information Technologies having equal or better
performance or functionality at the same or lesser unit prices,
pursuant to GCC Clause 39 (Changes to the System).
23.2 At any point during performance of the Contract, for
Information Technologies still to be delivered, the Supplier
will also pass on to the Purchaser any cost reductions and
additional and/or improved support and facilities that it
offers to other clients of the Supplier in the Purchaser’s
Country, pursuant to GCC Clause 39 (Changes to the
System).
23.3 During performance of the Contract, the Supplier shall offer
to the Purchaser all new versions, releases, and updates of
Standard Software, as well as related documentation and
technical support services, within thirty (30) days of their
availability from the Supplier to other clients of the Supplier
in the Purchaser’s Country, and no later than twelve (12)
months after they are released in the country of origin. In no
case will the prices for these Software exceed those quoted
by the Supplier in the Recurrent Costs tables in its bid.
23.4 During the Warranty Period, unless otherwise specified in
the SCC, the Supplier will provide at no additional cost to
the Purchaser all new versions, releases, and updates for all
Standard Software that are used in the System, within thirty
(30) days of their availability from the Supplier to other
clients of the Supplier in the Purchaser’s country, and no
later than twelve (12) months after they are released in the
country of origin of the Software.
23.5 The Purchaser shall introduce all new versions, releases or
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Section IV. General Conditions of Contract
updates of the Software within eighteen (18) months of
receipt of a production-ready copy of the new version,
release, or update, provided that the new version, release, or
update does not adversely affect System operation or
performance or require extensive reworking of the System.
In cases where the new version, release, or update adversely
affects System operation or performance, or requires
extensive reworking of the System, the Supplier shall
continue to support and maintain the version or release
previously in operation for as long as necessary to allow
introduction of the new version, release, or update. In no
case shall the Supplier stop supporting or maintaining a
version or release of the Software less than twenty four (24)
months after the Purchaser receives a production-ready copy
of a subsequent version, release, or update. The Purchaser
shall use all reasonable endeavors to implement any new
version, release, or update as soon as practicable, subject to
the twenty-four-month-long stop date.
24. Implementation,
Installation, and
Other Services
24.1 The Supplier shall provide all Services specified in the
Contract and Agreed and Finalized Project Plan in
accordance with the highest standards of professional
competence and integrity.
24.2 Prices charged by the Supplier for Services, if not included
in the Contract, shall be agreed upon in advance by the
parties (including, but not restricted to, any prices submitted
by the Supplier in the Recurrent Cost Schedules of its Bid)
and shall not exceed the prevailing rates charged by the
Supplier to other purchasers in the Purchaser’s Country for
similar services.
25. Inspections and
Tests
25.1 The Purchaser or its representative shall have the right to
inspect and/or test any components of the System, as
specified in the Technical Requirements, to confirm their
good working order and/or conformity to the Contract at the
point of delivery and/or at the Project Site.
25.2 The Purchaser or its representative shall be entitled to attend
any such inspections and/or tests of the components,
provided that the Purchaser shall bear all costs and expenses
incurred in connection with such attendance, including but
not limited to all inspection agent fees, travel, and related
expenses.
25.3 Should the inspected or tested components fail to conform to
the Contract, the Purchaser may reject the component(s), and
the Supplier shall either replace the rejected component(s),
Section IV. General Conditions of Contract
93
or make alterations as necessary so that it meets the Contract
requirements free of cost to the Purchaser.
25.4 The Project Manager may require the Supplier to carry out
any inspection and/or test not specified in the Contract,
provided that the Supplier’s reasonable costs and expenses
incurred in the carrying out of such inspection and/or test
shall be added to the Contract Price. Further, if such
inspection and/or test impedes the progress of work on the
System and/or the Supplier’s performance of its other
obligations under the Contract, due allowance will be made
in respect of the Time for Achieving Operational Acceptance
and the other obligations so affected.
25.5 If any dispute shall arise between the parties in connection
with or caused by an inspection and/or with regard to any
component to be incorporated in the System that cannot be
settled amicably between the parties within a reasonable
period of time, either party may invoke the process pursuant
to GCC Clause 6 (Settlement of Disputes), starting with
referral of the matter to the Adjudicator in case an
Adjudicator is included and named in the Contract
Agreement.
26. Installation of the
System
26.1 As soon as the System, or any Subsystem, has, in the opinion
of the Supplier, been delivered, Pre-commissioned, and
made ready for Commissioning and Operational Acceptance
Testing in accordance with the Technical Requirements, the
SCC and the Agreed and Finalized Project Plan, the Supplier
shall so notify the Purchaser in writing.
26.2 The Project Manager shall, within fourteen (14) days after
receipt of the Supplier’s notice under GCC Clause 26.1,
either issue an Installation Certificate in the form specified in
the Sample Forms Section in the Bidding Documents, stating
that the System, or major component or Subsystem (if
Acceptance by major component or Subsystem is specified
pursuant to the SCC for GCC Clause 27.2.1), has achieved
Installation by the date of the Supplier’s notice under GCC
Clause 26.1, or notify the Supplier in writing of any defects
and/or deficiencies, including, but not limited to, defects or
deficiencies in the interoperability or integration of the
various components and/or Subsystems making up the
System. The Supplier shall use all reasonable endeavors to
promptly remedy any defect and/or deficiencies that the
Project Manager has notified the Supplier of. The Supplier
shall then promptly carry out retesting of the System or
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Section IV. General Conditions of Contract
Subsystem and, when in the Supplier’s opinion the System
or Subsystem is ready for Commissioning and Operational
Acceptance Testing, notify the Purchaser in writing, in
accordance with GCC Clause 26.1. The procedure set out in
this GCC Clause 26.2 shall be repeated, as necessary, until
an Installation Certificate is issued.
26.3 If the Project Manager fails to issue the Installation
Certificate and fails to inform the Supplier of any defects
and/or deficiencies within fourteen (14) days after receipt of
the Supplier’s notice under GCC Clause 26.1, or if the
Purchaser puts the System or a Subsystem into production
operation, then the System (or Subsystem) shall be deemed
to have achieved successful Installation as of the date of the
Supplier’s notice or repeated notice, or when the Purchaser
put the System into production operation, as the case may be.
27. Commissioning
and Operational
Acceptance
27.1 Commissioning
27.1.1 Commissioning of the System (or Subsystem if
specified pursuant to the SCC for GCC Clause 27.2.1)
shall be commenced by the Supplier:
(a)
immediately after the Installation Certificate is
issued by the Project Manager, pursuant to
GCC Clause 26.2; or
(b)
as otherwise specified in the Technical
Requirement or the Agreed and Finalized
Project Plan; or
(c)
immediately after Installation is deemed to have
occurred, under GCC Clause 26.3.
27.1.2 The Purchaser shall supply the operating and technical
personnel and all materials and information
reasonably required to enable the Supplier to carry out
its obligations with respect to Commissioning.
Production use of the System or Subsystem(s) shall
not commence prior to the start of formal Operational
Acceptance Testing.
27.2 Operational Acceptance Tests
27.2.1 The Operational Acceptance Tests (and repeats of
such tests) shall be the primary responsibility of the
Purchaser (in accordance with GCC Clause 10.9), but
shall be conducted with the full cooperation of the
Section IV. General Conditions of Contract
95
Supplier during Commissioning of the System (or
major components or Subsystem[s] if specified in the
SCC and supported by the Technical Requirements),
to ascertain whether the System (or major component
or Subsystem[s]) conforms to the Technical
Requirements and meets the standard of performance
quoted in the Supplier’s bid, including, but not
restricted to, the functional and technical performance
requirements. The Operational Acceptance Tests
during Commissioning will be conducted as specified
in the SCC, the Technical Requirements and/or the
Agreed and Finalized Project Plan.
At the Purchaser’s discretion, Operational Acceptance
Tests may also be performed on replacement Goods,
upgrades and new version releases, and Goods that are
added or field-modified after Operational Acceptance
of the System.
27.2.2 If for reasons attributable to the Purchaser, the
Operational Acceptance Test of the System (or
Subsystem[s] or major components, pursuant to the
SCC for GCC Clause 27.2.1) cannot be successfully
completed within the period specified in the SCC,
from the date of Installation or any other period agreed
upon in writing by the Purchaser and the Supplier, the
Supplier shall be deemed to have fulfilled its
obligations with respect to the technical and functional
aspects of the Technical Specifications, SCC and/or
the Agreed and Finalized Project Plan, and GCC
Clause 28.2 and 28.3 shall not apply.
27.3 Operational Acceptance
27.3.1 Subject to GCC Clause 27.4 (Partial Acceptance)
below, Operational Acceptance shall occur in respect
of the System, when
(a) the Operational Acceptance Tests, as specified in
the Technical Requirements, and/or SCC and/or
the Agreed and Finalized Project Plan have been
successfully completed; or
(b) the Operational Acceptance Tests have not been
successfully completed or have not been carried
out for reasons that are attributable to the
Purchaser within the period from the date of
Installation or any other agreed-upon period as
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Section IV. General Conditions of Contract
specified in GCC Clause 27.2.2 above; or
(c) the Purchaser has put the System into production
or use for sixty (60) consecutive days. If the
System is put into production or use in this
manner, the Supplier shall notify the Purchaser
and document such use.
27.3.2 At any time after any of the events set out in GCC
Clause 27.3.1 have occurred, the Supplier may give a
notice to the Project Manager requesting the issue of
an Operational Acceptance Certificate.
27.3.3 After consultation with the Purchaser, and within
fourteen (14) days after receipt of the Supplier’s
notice, the Project Manager shall:
(a)
issue an Operational Acceptance Certificate; or
(b)
notify the Supplier in writing of any defect or
deficiencies or other reason for the failure of the
Operational Acceptance Tests; or
(c)
issue the Operational Acceptance Certificate, if
the situation covered by GCC Clause 27.3.1 (b)
arises.
27.3.4 The Supplier shall use all reasonable endeavors to
promptly remedy any defect and/or deficiencies and/or
other reasons for the failure of the Operational
Acceptance Test that the Project Manager has notified
the Supplier of. Once such remedies have been made
by the Supplier, the Supplier shall notify the
Purchaser, and the Purchaser, with the full cooperation
of the Supplier, shall use all reasonable endeavors to
promptly carry out retesting of the System or
Subsystem. Upon the successful conclusion of the
Operational Acceptance Tests, the Supplier shall
notify the Purchaser of its request for Operational
Acceptance Certification, in accordance with GCC
Clause 27.3.3. The Purchaser shall then issue to the
Supplier the Operational Acceptance Certification in
accordance with GCC Clause 27.3.3 (a), or shall
notify the Supplier of further defects, deficiencies, or
other reasons for the failure of the Operational
Acceptance Test. The procedure set out in this GCC
Clause 27.3.4 shall be repeated, as necessary, until an
Section IV. General Conditions of Contract
97
Operational Acceptance Certificate is issued.
27.3.5 If the System or Subsystem fails to pass the
Operational Acceptance Test(s) in accordance with
GCC Clause 27.2, then either:
(a)
the Purchaser may consider terminating the
Contract, pursuant to GCC Clause 41.2.2;
or
(b)
if the failure to achieve Operational Acceptance
within the specified time period is a result of
the failure of the Purchaser to fulfill its
obligations under the Contract, then the
Supplier shall be deemed to have fulfilled its
obligations with respect to the relevant
technical and functional aspects of the Contract,
and GCC Clauses 30.3 and 30.4 shall not apply.
27.3.6 If within fourteen (14) days after receipt of the
Supplier’s notice the Project Manager fails to issue the
Operational Acceptance Certificate or fails to inform
the Supplier in writing of the justifiable reasons why
the Project Manager has not issued the Operational
Acceptance Certificate, the System or Subsystem shall
be deemed to have been accepted as of the date of the
Supplier’s said notice.
27.4 Partial Acceptance
27.4.1 If so specified in the SCC for GCC Clause 27.2.1,
Installation and Commissioning shall be carried out
individually for each identified major component or
Subsystem(s) of the System.
In this event, the
provisions in the Contract relating to Installation and
Commissioning, including the Operational Acceptance
Test, shall apply to each such major component or
Subsystem individually, and Operational Acceptance
Certificate(s) shall be issued accordingly for each such
major component or Subsystem of the System, subject to
the limitations contained in GCC Clause 27.4.2.
27.4.2 The issuance of Operational Acceptance Certificates for
individual major components or Subsystems pursuant to
GCC Clause 27.4.1 shall not relieve the Supplier of its
obligation to obtain an Operational Acceptance
Certificate for the System as an integrated whole (if so
specified in the SCC for GCC Clauses 12.1 and 27.2.1)
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Section IV. General Conditions of Contract
once all major components and Subsystems have been
supplied, installed, tested, and commissioned.
27.4.3 In the case of minor components for the System that
by their nature do not require Commissioning or an
Operational Acceptance Test (e.g., minor fittings,
furnishings or site works, etc.), the Project Manager
shall issue an Operational Acceptance Certificate
within fourteen (14) days after the fittings and/or
furnishings have been delivered and/or installed or the
site works have been completed. The Supplier shall,
however, use all reasonable endeavors to promptly
remedy any defects or deficiencies in such minor
components detected by the Purchaser or Supplier.
F. GUARANTEES AND LIABILITIES
28. Operational
Acceptance Time
Guarantee
28.1 The Supplier guarantees that it shall complete the supply,
Installation, Commissioning, and achieve Operational
Acceptance of the System (or Subsystems, pursuant to the
SCC for GCC Clause 27.2.1) within the time periods
specified in the Implementation Schedule in the Technical
Requirements Section and/or the Agreed and Finalized
Project Plan pursuant to GCC Clause 8.2, or within such
extended time to which the Supplier shall be entitled under
GCC Clause 40 (Extension of Time for Achieving
Operational Acceptance).
28.2 If the Supplier fails to supply, install, commission, and achieve
Operational Acceptance of the System (or Subsystems pursuant
to the SCC for GCC Clause 27.2.1) within the time for
achieving Operational Acceptance specified in the
Implementation Schedule in the Technical Requirement or the
Agreed and Finalized Project Plan, or any extension of the time
for achieving Operational Acceptance previously granted under
GCC Clause 40 (Extension of Time for Achieving Operational
Acceptance), the Supplier shall pay to the Purchaser liquidated
damages at the rate specified in the SCC as a percentage of the
Contract Price, or the relevant part of the Contract Price if a
Subsystem has not achieved Operational Acceptance. The
aggregate amount of such liquidated damages shall in no event
exceed the amount specified in the SCC (“the Maximum”).
Once the Maximum is reached, the Purchaser may consider
termination of the Contract, pursuant to GCC Clause 41.2.2.
28.3 Unless otherwise specified in the SCC, liquidated damages
Section IV. General Conditions of Contract
99
payable under GCC Clause 28.2 shall apply only to the
failure to achieve Operational Acceptance of the System
(and Subsystems) as specified in the Implementation
Schedule in the Technical Requirements and/or Agreed and
Finalized Project Plan. This Clause 28.3 shall not limit,
however, any other rights or remedies the Purchaser may
have under the Contract for other delays.
28.4 If liquidated damages are claimed by the Purchaser for the
System (or Subsystem), the Supplier shall have no further
liability whatsoever to the Purchaser in respect to the
Operational Acceptance time guarantee for the System (or
Subsystem). However, the payment of liquidated damages
shall not in any way relieve the Supplier from any of its
obligations to complete the System or from any other of its
obligations and liabilities under the Contract.
29. Defect Liability
29.1 The Supplier warrants that the System, including all
Information Technologies, Materials, and other Goods
supplied and Services provided, shall be free from defects in
the design, engineering, Materials, and workmanship that
prevent the System and/or any of its components from
fulfilling the Technical Requirements or that limit in a
material fashion the performance, reliability, or extensibility
of the System and/or Subsystems. Exceptions and/or
limitations, if any, to this warranty with respect to Software
(or categories of Software), shall be as specified in the SCC.
Commercial warranty provisions of products supplied under
the Contract shall apply to the extent that they do not conflict
with the provisions of this Contract.
29.2 The Supplier also warrants that the Information
Technologies, Materials, and other Goods supplied under the
Contract are new, unused, and incorporate all recent
improvements in design that materially affect the System’s
or Subsystem’s ability to fulfill the Technical Requirements.
29.3 In addition, the Supplier warrants that: (i) all Goods
components to be incorporated into the System form part of
the Supplier’s and/or Subcontractor’s current product lines,
(ii) they have been previously released to the market, and
(iii) those specific items identified in the SCC (if any) have
been in the market for at least the minimum periods
specified in the SCC.
29.4 The Warranty Period shall commence from the date of
Operational Acceptance of the System (or of any major
component or Subsystem for which separate Operational
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Section IV. General Conditions of Contract
Acceptance is provided for in the Contract) and shall extend
for the length of time specified in the SCC.
29.5 If during the Warranty Period any defect as described in
GCC Clause 29.1 should be found in the design, engineering,
Materials, and workmanship of the Information
Technologies and other Goods supplied or of the Services
provided by the Supplier, the Supplier shall promptly, in
consultation and agreement with the Purchaser regarding
appropriate remedying of the defects, and at its sole cost,
repair, replace, or otherwise make good (as the Supplier
shall, at its discretion, determine) such defect as well as any
damage to the System caused by such defect. Any defective
Information Technologies or other Goods that have been
replaced by the Supplier shall remain the property of the
Supplier.
29.6 The Supplier shall not be responsible for the repair,
replacement, or making good of any defect or of any damage
to the System arising out of or resulting from any of the
following causes:
(a) improper operation or maintenance of the System by the
Purchaser;
(b) normal wear and tear;
(c) use of the System with items not supplied by the
Supplier, unless otherwise identified in the Technical
Requirements, or approved by the Supplier; or
(d) modifications made to the System by the Purchaser, or a
third party, not approved by the Supplier.
29.7 The Supplier’s obligations under this GCC Clause 29 shall
not apply to:
(a) any materials that are normally consumed in operation or
have a normal life shorter than the Warranty Period; or
(b) any designs, specifications, or other data designed,
supplied, or specified by or on behalf of the Purchaser or
any matters for which the Supplier has disclaimed
responsibility, in accordance with GCC Clause 21.1.2.
29.8 The Purchaser shall give the Supplier a notice promptly
following the discovery of such defect, stating the nature of
any such defect together with all available evidence. The
Purchaser shall afford all reasonable opportunity for the
Section IV. General Conditions of Contract
101
Supplier to inspect any such defect. The Purchaser shall
afford the Supplier all necessary access to the System and
the site to enable the Supplier to perform its obligations
under this GCC Clause 29.
29.9 The Supplier may, with the consent of the Purchaser, remove
from the site any Information Technologies and other Goods
that are defective, if the nature of the defect, and/or any
damage to the System caused by the defect, is such that
repairs cannot be expeditiously carried out at the site. If the
repair, replacement, or making good is of such a character
that it may affect the efficiency of the System, the Purchaser
may give the Supplier notice requiring that tests of the
defective part be made by the Supplier immediately upon
completion of such remedial work, whereupon the Supplier
shall carry out such tests.
If such part fails the tests, the Supplier shall carry out further
repair, replacement, or making good (as the case may be)
until that part of the System passes such tests. The tests shall
be agreed upon by the Purchaser and the Supplier.
29.10 If the Supplier fails to commence the work necessary to
remedy such defect or any damage to the System caused by
such defect within the time period specified in the SCC, the
Purchaser may, following notice to the Supplier, proceed to
do such work or contract a third party (or parties) to do such
work, and the reasonable costs incurred by the Purchaser in
connection with such work shall be paid to the Purchaser by
the Supplier or may be deducted by the Purchaser from any
monies due the Supplier or claimed under the Performance
Security.
29.11 If the System or Subsystem cannot be used by reason of
such defect and/or making good of such defect, the Warranty
Period for the System shall be extended by a period equal to
the period during which the System or Subsystem could not
be used by the Purchaser because of such defect and/or
making good of such defect.
29.12 Items substituted for defective parts of the System during
the Warranty Period shall be covered by the Defect Liability
Warranty for the remainder of the Warranty Period
applicable for the part replaced or three (3) months,
whichever is greater.
29.13 At the request of the Purchaser and without prejudice to any
other rights and remedies that the Purchaser may have
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Section IV. General Conditions of Contract
against the Supplier under the Contract, the Supplier will
offer all possible assistance to the Purchaser to seek warranty
services or remedial action from any subcontracted thirdparty producers or licensor of Goods included in the System,
including without limitation assignment or transfer in favor
of the Purchaser of the benefit of any warranties given by
such producers or licensors to the Supplier.
30. Functional
Guarantees
30.1 The Supplier guarantees that, once the Operational
Acceptance Certificate(s) has been issued, the System
represents a complete, integrated solution to the Purchaser’s
requirements set forth in the Technical Requirements and it
conforms to all other aspects of the Contract. The Supplier
acknowledges
that
GCC
Clause 27
regarding
Commissioning and Operational Acceptance governs how
technical conformance of the System to the Contract
requirements will be determined.
30.2 If, for reasons attributable to the Supplier, the System does
not conform to the Technical Requirements or does not
conform to all other aspects of the Contract, the Supplier
shall at its cost and expense make such changes,
modifications, and/or additions to the System as may be
necessary to conform to the Technical Requirements and
meet all functional and performance standards. The Supplier
shall notify the Purchaser upon completion of the necessary
changes, modifications, and/or additions and shall request
the Purchaser to repeat the Operational Acceptance Tests
until the System achieves Operational Acceptance.
30.3 If the System (or Subsystem[s]) fails to achieve Operational
Acceptance, the Purchaser may consider termination of the
Contract, pursuant to GCC Clause 41.2.2, and forfeiture of
the Supplier’s Performance Security in accordance with
GCC Clause 13.3 in compensation for the extra costs and
delays likely to result from this failure.
31. Intellectual
Property Rights
Warranty
31.1 The Supplier hereby represents and warrants that:
(a)
the System as supplied, installed, tested, and accepted;
(b)
use of the System in accordance with the Contract; and
(c)
copying of the Software and Materials provided to the
Purchaser in accordance with the Contract
do not and will not infringe any Intellectual Property Rights
held by any third party and that it has all necessary rights or
Section IV. General Conditions of Contract
103
at its sole expense shall have secured in writing all transfers
of rights and other consents necessary to make the
assignments, licenses, and other transfers of Intellectual
Property Rights and the warranties set forth in the Contract,
and for the Purchaser to own or exercise all Intellectual
Property Rights as provided in the Contract. Without
limitation, the Supplier shall secure all necessary written
agreements, consents, and transfers of rights from its
employees and other persons or entities whose services are
used for development of the System.
32. Intellectual
Property Rights
Indemnity
32.1 The Supplier shall indemnify and hold harmless the
Purchaser and its employees and officers from and against
any and all losses, liabilities, and costs (including losses,
liabilities, and costs incurred in defending a claim alleging
such a liability), that the Purchaser or its employees or
officers may suffer as a result of any infringement or alleged
infringement of any Intellectual Property Rights by reason
of:
(a)
installation of the System by the Supplier or the use of
the System, including the Materials, in the country
where the site is located;
(b)
copying of the Software and Materials provided the
Supplier in accordance with the Agreement; and
(c)
sale of the products produced by the System in any
country, except to the extent that such losses, liabilities,
and costs arise as a result of the Purchaser’s breach of
GCC Clause 32.2.
32.2 Such indemnity shall not cover any use of the System,
including the Materials, other than for the purpose indicated
by or to be reasonably inferred from the Contract, any
infringement resulting from the use of the System, or any
products of the System produced thereby in association or
combination with any other goods or services not supplied
by the Supplier, where the infringement arises because of
such association or combination and not because of use of
the System in its own right.
32.3 Such indemnities shall also not apply if any claim of
infringement:
(a)
is asserted by a parent, subsidiary, or affiliate of the
Purchaser’s organization;
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Section IV. General Conditions of Contract
(b)
is a direct result of a design mandated by the
Purchaser’s Technical Requirements and the possibility
of such infringement was duly noted in the Supplier’s
Bid; or
(c)
results from the alteration of the System, including the
Materials, by the Purchaser or any persons other than
the Supplier or a person authorized by the Supplier.
32.4 If any proceedings are brought or any claim is made against
the Purchaser arising out of the matters referred to in GCC
Clause 32.1, the Purchaser shall promptly give the Supplier
notice of such proceedings or claims, and the Supplier may
at its own expense and in the Purchaser’s name conduct such
proceedings or claim and any negotiations for the settlement
of any such proceedings or claim.
If the Supplier fails to notify the Purchaser within twentyeight (28) days after receipt of such notice that it intends to
conduct any such proceedings or claim, then the Purchaser
shall be free to conduct the same on its own behalf. Unless
the Supplier has so failed to notify the Purchaser within the
twenty-eight (28) days, the Purchaser shall make no
admission that may be prejudicial to the defense of any such
proceedings or claim. The Purchaser shall, at the Supplier’s
request, afford all available assistance to the Supplier in
conducting such proceedings or claim and shall be
reimbursed by the Supplier for all reasonable expenses
incurred in so doing.
32.5 The Purchaser shall indemnify and hold harmless the
Supplier and its employees, officers, and Subcontractors
from and against any and all losses, liabilities, and costs
(including losses, liabilities, and costs incurred in defending
a claim alleging such a liability) that the Supplier or its
employees, officers, or Subcontractors may suffer as a result
of any infringement or alleged infringement of any
Intellectual Property Rights arising out of or in connection
with any design, data, drawing, specification, or other
documents or materials provided to the Supplier in
connection with this Contract by the Purchaser or any
persons (other than the Supplier) contracted by the
Purchaser, except to the extent that such losses, liabilities,
and costs arise as a result of the Supplier’s breach of GCC
Clause 32.8.
32.6 Such indemnity shall not cover
Section IV. General Conditions of Contract
105
(a)
any use of the design, data, drawing, specification, or
other documents or materials, other than for the
purpose indicated by or to be reasonably inferred from
the Contract;
(b)
any infringement resulting from the use of the design,
data, drawing, specification, or other documents or
materials, or any products produced thereby, in
association or combination with any other Goods or
Services not provided by the Purchaser or any other
person contracted by the Purchaser, where the
infringement arises because of such association or
combination and not because of the use of the design,
data, drawing, specification, or other documents or
materials in its own right.
32.7 Such indemnities shall also not apply:
(a)
if any claim of infringement is asserted by a parent,
subsidiary, or affiliate of the Supplier’s organization;
(b)
to the extent that any claim of infringement is caused
by the alteration, by the Supplier, or any persons
contracted by the Supplier, of the design, data,
drawing, specification, or other documents or materials
provided to the Supplier by the Purchaser or any
persons contracted by the Purchaser.
32.8 If any proceedings are brought or any claim is made against
the Supplier arising out of the matters referred to in GCC
Clause 32.5, the Supplier shall promptly give the Purchaser
notice of such proceedings or claims, and the Purchaser may
at its own expense and in the Supplier’s name conduct such
proceedings or claim and any negotiations for the settlement
of any such proceedings or claim. If the Purchaser fails to
notify the Supplier within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such
proceedings or claim, then the Supplier shall be free to
conduct the same on its own behalf. Unless the Purchaser
has so failed to notify the Supplier within the twenty-eight
(28) days, the Supplier shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Supplier shall, at the Purchaser’s request, afford all
available assistance to the Purchaser in conducting such
proceedings or claim and shall be reimbursed by the
Purchaser for all reasonable expenses incurred in so doing.
106
33. Limitation of
Liability
Section IV. General Conditions of Contract
33.1 Provided the following does not exclude or limit any
liabilities of either party in ways not permitted by applicable
law:
(a)
the Supplier shall not be liable to the Purchaser,
whether in contract, tort, or otherwise, for any indirect
or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided
that this exclusion shall not apply to any obligation of
the Supplier to pay liquidated damages to the
Purchaser; and
(b)
the aggregate liability of the Supplier to the Purchaser,
whether under the Contract, in tort or otherwise, shall
not exceed the total Contract Price, provided that this
limitation shall not apply to any obligation of the
Supplier to indemnify the Purchaser with respect to
intellectual property rights infringement.
G. RISK DISTRIBUTION
34. Transfer of
Ownership
34.1 With the exception of Software and Materials, the ownership
of the Information Technologies and other Goods shall be
transferred to the Purchaser at the time of Delivery or
otherwise under terms that may be agreed upon and specified
in the Contract Agreement.
34.2 Ownership and the terms of usage of the Software and
Materials supplied under the Contract shall be governed by
GCC Clause 15 (Copyright) and any elaboration in the
Technical Requirements.
34.3 Ownership of the Supplier’s Equipment used by the Supplier
and its Subcontractors in connection with the Contract shall
remain with the Supplier or its Subcontractors.
35. Care of the
System
35.1 The Purchaser shall become responsible for the care and
custody of the System or Subsystems upon their Delivery.
The Purchaser shall make good at its own cost any loss or
damage that may occur to the System or Subsystems from
any cause from the date of Delivery until the date of
Operational Acceptance of the System or Subsystems,
pursuant to GCC Clause 27 (Commissioning and Operational
Acceptance), excepting such loss or damage arising from
acts or omissions of the Supplier, its employees, or
subcontractors.
Section IV. General Conditions of Contract
107
35.2 If any loss or damage occurs to the System or any part of the
System by reason of:
(a)
(insofar as they relate to the country where the Project
Site is located) nuclear reaction, nuclear radiation,
radioactive contamination, a pressure wave caused by
aircraft or other aerial objects, or any other occurrences
that an experienced contractor could not reasonably
foresee, or if reasonably foreseeable could not
reasonably make provision for or insure against, insofar
as such risks are not normally insurable on the
insurance market and are mentioned in the general
exclusions of the policy of insurance taken out under
GCC Clause 37;
(b)
any use not in accordance with the Contract, by the
Purchaser or any third party;
(c)
any use of or reliance upon any design, data, or
specification provided or designated by or on behalf of
the Purchaser, or any such matter for which the
Supplier has disclaimed responsibility in accordance
with GCC Clause 21.1.2,
the Purchaser shall pay to the Supplier all sums payable in
respect of the System or Subsystems that have achieved
Operational Acceptance, notwithstanding that the same be
lost, destroyed, or damaged. If the Purchaser requests the
Supplier in writing to make good any loss or damage to the
System thereby occasioned, the Supplier shall make good the
same at the cost of the Purchaser in accordance with GCC
Clause 39. If the Purchaser does not request the Supplier in
writing to make good any loss or damage to the System
thereby occasioned, the Purchaser shall either request a
change in accordance with GCC Clause 39, excluding the
performance of that part of the System thereby lost,
destroyed, or damaged, or, where the loss or damage affects
a substantial part of the System, the Purchaser shall
terminate the Contract pursuant to GCC Clause 41.1.
35.3 The Purchaser shall be liable for any loss of or damage to
any Supplier’s Equipment which the Purchaser has
authorized to locate within the Purchaser's premises for use
in fulfillment of Supplier's obligations under the Contract,
except where such loss or damage arises from acts or
omissions of the Supplier, its employees, or subcontractors.
36. Loss of or
36.1 The Supplier and each and every Subcontractor shall abide
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Section IV. General Conditions of Contract
Damage to
Property;
Accident or
Injury to
Workers;
Indemnification
by the job safety, insurance, customs, and immigration
measures prevalent and laws in force in the Purchaser’s
Country.
36.2 Subject to GCC Clause 36.3, the Supplier shall indemnify
and hold harmless the Purchaser and its employees and
officers from and against any and all losses, liabilities and
costs (including losses, liabilities, and costs incurred in
defending a claim alleging such a liability) that the Purchaser
or its employees or officers may suffer as a result of the
death or injury of any person or loss of or damage to any
property (other than the System, whether accepted or not)
arising in connection with the supply, installation, testing,
and Commissioning of the System and by reason of the
negligence of the Supplier or its Subcontractors, or their
employees, officers or agents, except any injury, death, or
property damage caused by the negligence of the Purchaser,
its contractors, employees, officers, or agents.
36.3 If any proceedings are brought or any claim is made against
the Purchaser that might subject the Supplier to liability
under GCC Clause 36.2, the Purchaser shall promptly give
the Supplier notice of such proceedings or claims, and the
Supplier may at its own expense and in the Purchaser’s name
conduct such proceedings or claim and any negotiations for
the settlement of any such proceedings or claim. If the
Supplier fails to notify the Purchaser within twenty-eight
(28) days after receipt of such notice that it intends to
conduct any such proceedings or claim, then the Purchaser
shall be free to conduct the same on its own behalf. Unless
the Supplier has so failed to notify the Purchaser within the
twenty-eight (28) day period, the Purchaser shall make no
admission that may be prejudicial to the defense of any such
proceedings or claim. The Purchaser shall, at the Supplier’s
request, afford all available assistance to the Supplier in
conducting such proceedings or claim and shall be
reimbursed by the Supplier for all reasonable expenses
incurred in so doing.
36.4 The Purchaser shall indemnify and hold harmless the
Supplier and its employees, officers, and Subcontractors
from any and all losses, liabilities, and costs (including
losses, liabilities, and costs incurred in defending a claim
alleging such a liability) that the Supplier or its employees,
officers, or Subcontractors may suffer as a result of the death
or personal injury of any person or loss of or damage to
property of the Purchaser, other than the System not yet
Section IV. General Conditions of Contract
109
achieving Operational Acceptance, that is caused by fire,
explosion, or any other perils, in excess of the amount
recoverable from insurances procured under GCC Clause 37
(Insurances), provided that such fire, explosion, or other
perils were not caused by any act or failure of the Supplier.
36.5 If any proceedings are brought or any claim is made against
the Supplier that might subject the Purchaser to liability
under GCC Clause 36.4, the Supplier shall promptly give the
Purchaser notice of such proceedings or claims, and the
Purchaser may at its own expense and in the Supplier’s name
conduct such proceedings or claim and any negotiations for
the settlement of any such proceedings or claim. If the
Purchaser fails to notify the Supplier within twenty-eight
(28) days after receipt of such notice that it intends to
conduct any such proceedings or claim, then the Supplier
shall be free to conduct the same on its own behalf. Unless
the Purchaser has so failed to notify the Supplier within the
twenty-eight (28) days, the Supplier shall make no admission
that may be prejudicial to the defense of any such
proceedings or claim. The Supplier shall, at the Purchaser’s
request, afford all available assistance to the Purchaser in
conducting such proceedings or claim and shall be
reimbursed by the Purchaser for all reasonable expenses
incurred in so doing.
36.6 The party entitled to the benefit of an indemnity under this
GCC Clause 36 shall take all reasonable measures to
mitigate any loss or damage that has occurred. If the party
fails to take such measures, the other party’s liabilities shall
be correspondingly reduced.
37. Insurances
37.1 The Supplier shall at its expense take out and maintain in
effect, or cause to be taken out and maintained in effect,
during the performance of the Contract, the insurance set
forth below. The identity of the insurers and the form of the
policies shall be subject to the approval of the Purchaser,
who should not unreasonably withhold such approval.
(a)
Cargo Insurance During Transport
as applicable, 110 percent of the price of the
Information Technologies and other Goods in a freely
convertible currency, covering the Goods from
physical loss or damage during shipment through
receipt at the Project Site.
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Section IV. General Conditions of Contract
(b)
Installation “All Risks” Insurance
as applicable, 110 percent of the price of the
Information Technologies and other Goods covering
the Goods at the site from all risks of physical loss or
damage (excluding only perils commonly excluded
under “all risks” insurance policies of this type by
reputable insurers) occurring prior to Operational
Acceptance of the System.
(c)
Third-Party Liability Insurance
On terms as specified in the SCC, covering bodily
injury or death suffered by third parties (including the
Purchaser’s personnel) and loss of or damage to
property (including the Purchaser’s property and any
Subsystems that have been accepted by the Purchaser)
occurring in connection with the supply and installation
of the Information System.
(d)
Automobile Liability Insurance
In accordance with the statutory requirements
prevailing in the Purchaser’s Country, covering use of
all vehicles used by the Supplier or its Subcontractors
(whether or not owned by them) in connection with the
execution of the Contract.
(e)
Other Insurance (if any), as specified in the SCC.
37.2 The Purchaser shall be named as co-insured under all
insurance policies taken out by the Supplier pursuant to GCC
Clause 37.1, except for the Third-Party Liability, and the
Supplier’s Subcontractors shall be named as co-insured
under all insurance policies taken out by the Supplier
pursuant to GCC Clause 37.1 except for Cargo Insurance
During Transport. All insurer’s rights of subrogation against
such co-insured for losses or claims arising out of the
performance of the Contract shall be waived under such
policies.
37.3 The Supplier shall deliver to the Purchaser certificates of
insurance (or copies of the insurance policies) as evidence
that the required policies are in full force and effect.
37.4 The Supplier shall ensure that, where applicable, its
Subcontractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles
and for work executed by them under the Contract, unless
Section IV. General Conditions of Contract
111
such Subcontractors are covered by the policies taken out by
the Supplier.
37.5 If the Supplier fails to take out and/or maintain in effect the
insurance referred to in GCC Clause 37.1, the Purchaser may
take out and maintain in effect any such insurance and may
from time to time deduct from any amount due the Supplier
under the Contract any premium that the Purchaser shall
have paid to the insurer or may otherwise recover such
amount as a debt due from the Supplier.
37.6 Unless otherwise provided in the Contract, the Supplier shall
prepare and conduct all and any claims made under the
policies effected by it pursuant to this GCC Clause 37, and
all monies payable by any insurers shall be paid to the
Supplier. The Purchaser shall give to the Supplier all such
reasonable assistance as may be required by the Supplier in
connection with any claim under the relevant insurance
policies. With respect to insurance claims in which the
Purchaser’s interest is involved, the Supplier shall not give
any release or make any compromise with the insurer
without the prior written consent of the Purchaser. With
respect to insurance claims in which the Supplier’s interest is
involved, the Purchaser shall not give any release or make
any compromise with the insurer without the prior written
consent of the Supplier.
38. Force Majeure
38.1 “Force Majeure” shall mean any event beyond the
reasonable control of the Purchaser or of the Supplier, as the
case may be, and which is unavoidable notwithstanding the
reasonable care of the party affected and shall include,
without limitation, the following:
(a)
war, hostilities, or warlike operations (whether a state
of war be declared or not), invasion, act of foreign
enemy, and civil war;
(b)
rebellion, revolution, insurrection, mutiny, usurpation
of civil or military government, conspiracy, riot, civil
commotion, and terrorist acts;
(c)
confiscation,
nationalization,
mobilization,
commandeering or requisition by or under the order of
any government or de jure or de facto authority or
ruler, or any other act or failure to act of any local state
or national government authority;
(d)
strike, sabotage, lockout, embargo, import restriction,
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Section IV. General Conditions of Contract
port congestion, lack of usual means of public
transportation and communication, industrial dispute,
shipwreck, shortage or restriction of power supply,
epidemics, quarantine, and plague;
(e)
earthquake, landslide, volcanic activity, fire, flood or
inundation, tidal wave, typhoon or cyclone, hurricane,
storm, lightning, or other inclement weather condition,
nuclear and pressure waves, or other natural or
physical disaster;
(f)
failure, by the Supplier, to obtain the necessary export
permit(s) from the governments of the Country(s) of
Origin of the Information Technologies or other
Goods, or Supplier’s Equipment provided that the
Supplier has made all reasonable efforts to obtain the
required export permit(s), including the exercise of due
diligence in determining the eligibility of the System
and all of its components for receipt of the necessary
export permits.
38.2 If either party is prevented, hindered, or delayed from or in
performing any of its obligations under the Contract by an
event of Force Majeure, then it shall notify the other in
writing of the occurrence of such event and the
circumstances of the event of Force Majeure within fourteen
(14) days after the occurrence of such event.
38.3 The party who has given such notice shall be excused from
the performance or punctual performance of its obligations
under the Contract for so long as the relevant event of Force
Majeure continues and to the extent that such party’s
performance is prevented, hindered, or delayed. The Time
for Achieving Operational Acceptance shall be extended in
accordance with GCC Clause 40 (Extension of Time for
Achieving Operational Acceptance).
38.4 The party or parties affected by the event of Force Majeure
shall use reasonable efforts to mitigate the effect of the event
of Force Majeure upon its or their performance of the
Contract and to fulfill its or their obligations under the
Contract, but without prejudice to either party’s right to
terminate the Contract under GCC Clause 38.6.
38.5 No delay or nonperformance by either party to this Contract
caused by the occurrence of any event of Force Majeure
shall:
Section IV. General Conditions of Contract
113
(a)
constitute a default or breach of the Contract;
(b)
(subject to GCC Clauses 35.2, 38.3, and 38.4) give rise
to any claim for damages or additional cost or expense
occasioned by the delay or nonperformance,
if, and to the extent that, such delay or nonperformance is
caused by the occurrence of an event of Force Majeure.
38.6 If the performance of the Contract is substantially prevented,
hindered, or delayed for a single period of more than sixty
(60) days or an aggregate period of more than one hundred
and twenty (120) days on account of one or more events of
Force Majeure during the time period covered by the
Contract, the parties will attempt to develop a mutually
satisfactory solution, failing which, either party may
terminate the Contract by giving a notice to the other.
38.7 In the event of termination pursuant to GCC Clause 38.6, the
rights and obligations of the Purchaser and the Supplier shall
be as specified in GCC Clauses 41.1.2 and 41.1.3.
38.8 Notwithstanding GCC Clause 38.5, Force Majeure shall not
apply to any obligation of the Purchaser to make payments to
the Supplier under this Contract.
H. CHANGE IN CONTRACT ELEMENTS
39. Changes to the
System
39.1 Introducing a Change
39.1.1 Subject to GCC Clauses 39.2.5 and 39.2.7, the
Purchaser shall have the right to propose, and
subsequently require, the Project Manager to order
the Supplier from time to time during the
performance of the Contract to make any change,
modification, addition, or deletion to, in, or from the
System (interchangeably called “Change”), provided
that such Change falls within the general scope of
the System, does not constitute unrelated work, and
is technically practicable, taking into account both
the state of advancement of the System and the
technical compatibility of the Change envisaged
with the nature of the System as originally specified
in the Contract.
A Change may involve, but is not restricted to, the
substitution of updated Information Technologies
114
Section IV. General Conditions of Contract
and related Services in accordance
GCC Clause 23 (Product Upgrades).
with
39.1.2 The Supplier may from time to time during its
performance of the Contract propose to the
Purchaser (with a copy to the Project Manager) any
Change that the Supplier considers necessary or
desirable to improve the quality or efficiency of the
System. The Purchaser may at its discretion
approve or reject any Change proposed by the
Supplier.
39.1.3 Notwithstanding GCC Clauses 39.1.1 and 39.1.2, no
change made necessary because of any default of the
Supplier in the performance of its obligations under
the Contract shall be deemed to be a Change, and
such change shall not result in any adjustment of the
Contract Price or the Time for Achieving
Operational Acceptance.
39.1.4 The procedure on how to proceed with and execute
Changes is specified in GCC Clauses 39.2 and 39.3,
and further details and sample forms are provided in
the Sample Forms Section in the Bidding
Documents.
39.1.5 Moreover, the Purchaser and Supplier will agree,
during development of the Project Plan, to a date
prior to the scheduled date for Operational
Acceptance, after which the Technical Requirements
for the System shall be “frozen.” Any Change
initiated after this time will be dealt with after
Operational Acceptance.
39.2 Changes Originating from Purchaser
39.2.1 If the Purchaser proposes a Change pursuant to GCC
Clauses 39.1.1, it shall send to the Supplier a
“Request for Change Proposal,” requiring the
Supplier to prepare and furnish to the Project
Manager as soon as reasonably practicable a
“Change Proposal,” which shall include the
following:
(a) brief description of the Change;
(b) impact on the Time for Achieving Operational
Acceptance;
Section IV. General Conditions of Contract
115
(c) detailed estimated cost of the Change;
(d) effect on Functional Guarantees (if any);
(e) effect on any other provisions of the Contract.
39.2.2 Prior to preparing and submitting the “Change
Proposal,” the Supplier shall submit to the Project
Manager an “Change Estimate Proposal,” which
shall be an estimate of the cost of preparing the
Change Proposal, plus a first approximation of the
suggested approach and cost for implementing the
changes. Upon receipt of the Supplier’s Change
Estimate Proposal, the Purchaser shall do one of the
following:
(a) accept the Supplier’s estimate with instructions
to the Supplier to proceed with the preparation
of the Change Proposal;
(b) advise the Supplier of any part of its Change
Estimate Proposal that is unacceptable and
request the Supplier to review its estimate;
(c) advise the Supplier that the Purchaser does not
intend to proceed with the Change.
39.2.3 Upon receipt of the Purchaser’s instruction to
proceed under GCC Clause 39.2.2 (a), the Supplier
shall, with proper expedition, proceed with the
preparation of the Change Proposal, in accordance
with GCC Clause 39.2.1. The Supplier, at its
discretion, may specify a validity period for the
Change Proposal, after which if the Purchaser and
Supplier has not reached agreement in accordance
with GCC Clause 39.2.6, then GCC Clause 39.2.7
shall apply.
39.2.4 The pricing of any Change shall, as far as
practicable, be calculated in accordance with the
rates and prices included in the Contract. If the
nature of the Change is such that the Contract rates
and prices are inequitable, the parties to the Contract
shall agree on other specific rates to be used for
valuing the Change.
39.2.5 If before or during the preparation of the Change
Proposal it becomes apparent that the aggregate
impact of compliance with the Request for Change
116
Section IV. General Conditions of Contract
Proposal and with all other Change Orders that have
already become binding upon the Supplier under this
GCC Clause 39 would be to increase or decrease the
Contract Price as originally set forth in Article 2
(Contract Price) of the Contract Agreement by more
than fifteen (15) percent, the Supplier may give a
written notice of objection to this Request for
Change Proposal prior to furnishing the Change
Proposal. If the Purchaser accepts the Supplier’s
objection, the Purchaser shall withdraw the proposed
Change and shall notify the Supplier in writing of its
acceptance.
The Supplier’s failure to so object to a Request for
Change Proposal shall neither affect its right to
object to any subsequent requested Changes or
Change Orders, nor affect its right to take into
account, when making such subsequent objection,
the percentage increase or decrease in the Contract
Price that any Change not objected to by the
Supplier represents.
39.2.6 Upon receipt of the Change Proposal, the Purchaser
and the Supplier shall mutually agree upon all
matters contained in the Change Proposal. Within
fourteen (14) days after such agreement, the
Purchaser shall, if it intends to proceed with the
Change, issue the Supplier a Change Order. If the
Purchaser is unable to reach a decision within
fourteen (14) days, it shall notify the Supplier with
details of when the Supplier can expect a decision.
If the Purchaser decides not to proceed with the
Change for whatever reason, it shall, within the said
period of fourteen (14) days, notify the Supplier
accordingly.
Under such circumstances, the
Supplier shall be entitled to reimbursement of all
costs reasonably incurred by it in the preparation of
the Change Proposal, provided that these do not
exceed the amount given by the Supplier in its
Change Estimate Proposal submitted in accordance
with GCC Clause 39.2.2.
39.2.7 If the Purchaser and the Supplier cannot reach
agreement on the price for the Change, an equitable
adjustment to the Time for Achieving Operational
Acceptance, or any other matters identified in the
Change Proposal, the Change will not be
Section IV. General Conditions of Contract
117
implemented. However, this provision does not
limit the rights of either party under GCC Clause 6
(Settlement of Disputes).
39.3 Changes Originating from Supplier
If the Supplier proposes a Change pursuant to GCC
Clause 39.1.2, the Supplier shall submit to the Project
Manager a written “Application for Change Proposal,”
giving reasons for the proposed Change and including the
information specified in GCC Clause 39.2.1. Upon receipt
of the Application for Change Proposal, the parties shall
follow the procedures outlined in GCC Clauses 39.2.6 and
39.2.7. However, should the Purchaser choose not to
proceed or the Purchaser and the Supplier cannot come to
agreement on the change during any validity period that the
Supplier may specify in its Application for Change Proposal,
the Supplier shall not be entitled to recover the costs of
preparing the Application for Change Proposal, unless
subject to an agreement between the Purchaser and the
Supplier to the contrary.
40. Extension of
Time for
Achieving
Operational
Acceptance
40.1 The time(s) for achieving Operational Acceptance specified
in the Schedule of Implementation shall be extended if the
Supplier is delayed or impeded in the performance of any of
its obligations under the Contract by reason of any of the
following:
(a)
any Change in the System as provided in GCC
Clause 39 (Change in the Information System);
(b)
any occurrence of Force Majeure as provided in GCC
Clause 38 (Force Majeure);
(c)
default of the Purchaser; or
(d)
any other matter specifically mentioned in the
Contract;
by such period as shall be fair and reasonable in all the
circumstances and as shall fairly reflect the delay or
impediment sustained by the Supplier.
40.2 Except where otherwise specifically provided in the
Contract, the Supplier shall submit to the Project Manager a
notice of a claim for an extension of the time for achieving
Operational Acceptance, together with particulars of the
event or circumstance justifying such extension as soon as
reasonably practicable after the commencement of such
118
Section IV. General Conditions of Contract
event or circumstance. As soon as reasonably practicable
after receipt of such notice and supporting particulars of the
claim, the Purchaser and the Supplier shall agree upon the
period of such extension. In the event that the Supplier does
not accept the Purchaser’s estimate of a fair and reasonable
time extension, the Supplier shall be entitled to refer the
matter to the provisions for the Settlement of Disputes
pursuant to GCC Clause 6.
40.3 The Supplier shall at all times use its reasonable efforts to
minimize any delay in the performance of its obligations
under the Contract.
41. Termination
41.1 Termination for Purchaser’s Convenience
41.1.1 The Purchaser may at any time terminate the
Contract for any reason by giving the Supplier a
notice of termination that refers to this GCC
Clause 41.1.
41.1.2 Upon receipt of the notice of termination under GCC
Clause 41.1.1, the Supplier shall either as soon as
reasonably practical or upon the date specified in the
notice of termination
(a) cease all further work, except for such work as
the Purchaser may specify in the notice of
termination for the sole purpose of protecting
that part of the System already executed, or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to GCC
Clause 41.1.2 (d) (ii) below;
(c) remove all Supplier’s Equipment from the site,
repatriate the Supplier’s and its Subcontractors’
personnel from the site, remove from the site any
wreckage, rubbish, and debris of any kind;
(d) in addition, the Supplier, subject to the payment
specified in GCC Clause 41.1.3, shall
(i)
deliver to the Purchaser the parts of the
System executed by the Supplier up to the
date of termination;
(ii)
to the extent legally possible, assign to the
Section IV. General Conditions of Contract
119
Purchaser all right, title, and benefit of the
Supplier to the System, or Subsystem, as at
the date of termination, and, as may be
required by the Purchaser, in any
subcontracts concluded between the
Supplier and its Subcontractors;
(iii) deliver to the Purchaser all nonproprietary
drawings, specifications, and other
documents prepared by the Supplier or its
Subcontractors as of the date of
termination in connection with the System.
41.1.3 In the event of termination of the Contract under
GCC Clause 41.1.1, the Purchaser shall pay to the
Supplier the following amounts:
(a) the Contract Price, properly attributable to the
parts of the System executed by the Supplier as
of the date of termination;
(b) the costs reasonably incurred by the Supplier in
the removal of the Supplier’s Equipment from
the site and in the repatriation of the Supplier’s
and its Subcontractors’ personnel;
(c) any amount to be paid by the Supplier to its
Subcontractors in connection with the
termination of any subcontracts, including any
cancellation charges;
(d) costs incurred by the Supplier in protecting the
System and leaving the site in a clean and safe
condition pursuant to GCC Clause 41.1.2 (a); and
(e) the cost of satisfying all other obligations,
commitments, and claims that the Supplier may
in good faith have undertaken with third parties
in connection with the Contract and that are not
covered by GCC Clauses 41.1.3 (a) through (d)
above.
41.2 Termination for Supplier’s Default
41.2.1
The Purchaser, without prejudice to any other
rights or remedies it may possess, may terminate
the Contract forthwith in the following
circumstances by giving a notice of termination
and its reasons therefore to the Supplier, referring
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Section IV. General Conditions of Contract
to this GCC Clause 41.2:
(a) if the Supplier becomes bankrupt or insolvent,
has a receiving order issued against it,
compounds with its creditors, or, if the Supplier
is a corporation, a resolution is passed or order is
made for its winding up (other than a voluntary
liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any
part of its undertaking or assets, or if the
Supplier takes or suffers any other analogous
action in consequence of debt;
(b) if the Supplier assigns or transfers the Contract
or any right or interest therein in violation of the
provision of GCC Clause 42 (Assignment); or
(c) if the Supplier, in the judgment of the Purchaser,
has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices, in competing
for or in executing the Contract, including but
not limited to willful misrepresentation of facts
concerning ownership of Intellectual Property
Rights in, or proper authorization and/or licenses
from the owner to offer, the hardware, software,
or materials provided under this Contract.
For the purposes of this Clause:
(i)
“corrupt practice”1 is the offering, giving,
receiving or soliciting, directly or
indirectly, of anything of value to
influence improperly the actions of
another party;
(ii)
“fraudulent practice”2 is any act or
omission, including a misrepresentation,
that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a
financial or other benefit or to avoid an
1
“Another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
2
A “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
Section IV. General Conditions of Contract
121
obligation;
(iii) “collusive practice”1 is an arrangement
between two or more parties designed to
achieve an improper purpose, including to
influence improperly the actions of
another party;
(iv) “coercive practice”2 is impairing or
harming, or threatening to impair or harm,
directly or indirectly, any party or the
property of the party to influence
improperly the actions of a party;
(v)
“obstructive practice” is
(aa) deliberately destroying, falsifying,
altering or concealing of evidence
material to the investigation or
making
false
statements
to
investigators in order to materially
impede a Bank investigation into
allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or
threatening, harassing or intimidating
any party to prevent it from
disclosing its knowledge of matters
relevant to the investigation or from
pursuing the investigation; or
(bb) acts intended to materially impede
the exercise of the Bank’s inspection
and audit rights provided for under
Sub-Clause 9.8.
41.2.2 If the Supplier:
(a) has abandoned or repudiated the Contract;
(b) has without valid reason failed to commence
work on the System promptly;
(c) persistently fails to execute the Contract in
accordance with the Contract or persistently
neglects to carry out its obligations under the
1
“Parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
2
A “party” refers to a participant in the procurement process or contract execution.
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Section IV. General Conditions of Contract
Contract without just cause;
(d) refuses or is unable to provide sufficient
Materials, Services, or labor to execute and
complete the System in the manner specified in
the Agreed and Finalized Project Plan furnished
under GCC Clause 19 at rates of progress that
give reasonable assurance to the Purchaser that
the Supplier can attain Operational Acceptance
of the System by the Time for Achieving
Operational Acceptance as extended;
then the Purchaser may, without prejudice to any
other rights it may possess under the Contract, give a
notice to the Supplier stating the nature of the
default and requiring the Supplier to remedy the
same. If the Supplier fails to remedy or to take steps
to remedy the same within fourteen (14) days of its
receipt of such notice, then the Purchaser may
terminate the Contract forthwith by giving a notice
of termination to the Supplier that refers to this GCC
Clause 41.2.
41.2.3 Upon receipt of the notice of termination under GCC
Clauses 41.2.1 or 41.2.2, the Supplier shall, either
immediately or upon such date as is specified in the
notice of termination:
(a) cease all further work, except for such work as
the Purchaser may specify in the notice of
termination for the sole purpose of protecting
that part of the System already executed or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to GCC
Clause 41.2.3 (d) below;
(c) deliver to the Purchaser the parts of the System
executed by the Supplier up to the date of
termination;
(d) to the extent legally possible, assign to the
Purchaser all right, title and benefit of the
Supplier to the System or Subsystems as at the
date of termination, and, as may be required by
the Purchaser, in any subcontracts concluded
Section IV. General Conditions of Contract
123
between the Supplier and its Subcontractors;
(e) deliver to the Purchaser all drawings,
specifications, and other documents prepared by
the Supplier or its Subcontractors as at the date
of termination in connection with the System.
41.2.4 The Purchaser may enter upon the site, expel the
Supplier, and complete the System itself or by
employing any third party. Upon completion of the
System or at such earlier date as the Purchaser
thinks appropriate, the Purchaser shall give notice to
the Supplier that such Supplier’s Equipment will be
returned to the Supplier at or near the site and shall
return such Supplier’s Equipment to the Supplier in
accordance with such notice. The Supplier shall
thereafter without delay and at its cost remove or
arrange removal of the same from the site.
41.2.5 Subject to GCC Clause 41.2.6, the Supplier shall be
entitled to be paid the Contract Price attributable to
the portion of the System executed as at the date of
termination and the costs, if any, incurred in
protecting the System and in leaving the site in a
clean and safe condition pursuant to GCC
Clause 41.2.3 (a). Any sums due the Purchaser from
the Supplier accruing prior to the date of termination
shall be deducted from the amount to be paid to the
Supplier under this Contract.
41.2.6 If the Purchaser completes the System, the cost of
completing the System by the Purchaser shall be
determined. If the sum that the Supplier is entitled
to be paid, pursuant to GCC Clause 41.2.5, plus the
reasonable costs incurred by the Purchaser in
completing the System, exceeds the Contract Price,
the Supplier shall be liable for such excess. If such
excess is greater than the sums due the Supplier
under GCC Clause 41.2.5, the Supplier shall pay the
balance to the Purchaser, and if such excess is less
than the sums due the Supplier under GCC
Clause 41.2.5, the Purchaser shall pay the balance to
the Supplier. The Purchaser and the Supplier shall
agree, in writing, on the computation described
above and the manner in which any sums shall be
paid.
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Section IV. General Conditions of Contract
41.3 Termination by Supplier
41.3.1 If:
(a) the Purchaser has failed to pay the Supplier any
sum due under the Contract within the specified
period, has failed to approve any invoice or
supporting documents without just cause
pursuant to the SCC, or commits a substantial
breach of the Contract, the Supplier may give a
notice to the Purchaser that requires payment of
such sum, with interest on this sum as stipulated
in GCC Clause 12.3, requires approval of such
invoice or supporting documents, or specifies the
breach and requires the Purchaser to remedy the
same, as the case may be. If the Purchaser fails
to pay such sum together with such interest, fails
to approve such invoice or supporting documents
or give its reasons for withholding such
approval, fails to remedy the breach or take steps
to remedy the breach within fourteen (14) days
after receipt of the Supplier’s notice; or
(b) the Supplier is unable to carry out any of its
obligations under the Contract for any reason
attributable to the Purchaser, including but not
limited to the Purchaser’s failure to provide
possession of or access to the site or other areas
or failure to obtain any governmental permit
necessary for the execution and/or completion of
the System;
then the Supplier may give a notice to the Purchaser
of such events, and if the Purchaser has failed to pay
the outstanding sum, to approve the invoice or
supporting documents, to give its reasons for
withholding such approval, or to remedy the breach
within twenty-eight (28) days of such notice, or if
the Supplier is still unable to carry out any of its
obligations under the Contract for any reason
attributable to the Purchaser within twenty-eight
(28) days of the said notice, the Supplier may by a
further notice to the Purchaser referring to this GCC
Clause 41.3.1, forthwith terminate the Contract.
41.3.2 The Supplier may terminate the Contract
immediately by giving a notice to the Purchaser to
that effect, referring to this GCC Clause 41.3.2, if
Section IV. General Conditions of Contract
125
the Purchaser becomes bankrupt or insolvent, has a
receiving order issued against it, compounds with its
creditors, or, being a corporation, if a resolution is
passed or order is made for its winding up (other
than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is
appointed over any part of its undertaking or assets,
or if the Purchaser takes or suffers any other
analogous action in consequence of debt.
41.3.3 If the Contract is terminated under GCC
Clauses 41.3.1 or 41.3.2, then the Supplier shall
immediately:
(a) cease all further work, except for such work as
may be necessary for the purpose of protecting
that part of the System already executed, or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to
Clause 41.3.3 (d) (ii);
(c) remove all Supplier’s Equipment from the site
and repatriate the Supplier’s and its
Subcontractor’s personnel from the site.
(d) In addition, the Supplier, subject to the payment
specified in GCC Clause 41.3.4, shall:
(i)
deliver to the Purchaser the parts of the
System executed by the Supplier up to the
date of termination;
(ii)
to the extent legally possible, assign to the
Purchaser all right, title, and benefit of the
Supplier to the System, or Subsystems, as
of the date of termination, and, as may be
required by the Purchaser, in any
subcontracts concluded between the
Supplier and its Subcontractors;
(iii) to the extent legally possible, deliver to the
Purchaser all drawings, specifications, and
other documents prepared by the Supplier
or its Subcontractors as of the date of
termination in connection with the System.
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Section IV. General Conditions of Contract
41.3.4 If the Contract is terminated under GCC
Clauses 41.3.1 or 41.3.2, the Purchaser shall pay to
the Supplier all payments specified in GCC
Clause 41.1.3, and reasonable compensation for all
loss, except for loss of profit, or damage sustained
by the Supplier arising out of, in connection with, or
in consequence of such termination.
41.3.5 Termination by the Supplier pursuant to this GCC
Clause 41.3 is without prejudice to any other rights
or remedies of the Supplier that may be exercised in
lieu of or in addition to rights conferred by GCC
Clause 41.3.
41.4 In this GCC Clause 41, the expression “portion of the
System executed” shall include all work executed, Services
provided, and all Information Technologies, or other Goods
acquired (or subject to a legally binding obligation to
purchase) by the Supplier and used or intended to be used for
the purpose of the System, up to and including the date of
termination.
41.5 In this GCC Clause 41, in calculating any monies due from
the Purchaser to the Supplier, account shall be taken of any
sum previously paid by the Purchaser to the Supplier under
the Contract, including any advance payment paid pursuant
to the SCC.
42. Assignment
42.l Neither the Purchaser nor the Supplier shall, without the
express prior written consent of the other, assign to any third
party the Contract or any part thereof, or any right, benefit,
obligation, or interest therein or thereunder, except that the
Supplier shall be entitled to assign either absolutely or by
way of charge any monies due and payable to it or that may
become due and payable to it under the Contract.
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SECTION V. SPECIAL CONDITIONS OF CONTRACT (SCC)
Table of Clauses
A. Contract and Interpretation ...................................................................................... 129
1.
2.
3.
4.
5.
6.
Definitions (GCC Clause 1) ................................................................................ 129
Contract Documents (GCC Clause 2) .................................................................. 129
Interpretation (GCC Clause 3)............................................................................. 130
Notices (GCC Clause 4) ...................................................................................... 130
Governing Law (GCC Clause 5) ......................................................................... 130
Settlement of Disputes (GCC Clause 6) .............................................................. 130
B. Subject Matter of Contract........................................................................................ 130
7.
8.
9.
10.
Scope of the System (GCC Clause 7) .................................................................. 130
Time for Commencement and Operational Acceptance (GCC Clause 8) ............. 130
Supplier’s Responsibilities (GCC Clause 9) ........................................................ 131
Purchaser’s Responsibilities (GCC Clause 10) .................................................... 131
C. Payment...................................................................................................................... 131
11.
12.
13.
14.
Contract Price (GCC Clause 11) ......................................................................... 131
Terms of Payment (GCC Clause 12) ................................................................... 131
Securities (GCC Clause 13) ................................................................................ 134
Taxes and Duties (GCC Clause 14) ..................................................................... 134
D. Intellectual Property .................................................................................................. 134
15.
16.
17.
Copyright (GCC Clause 15) ................................................................................ 134
Software License Agreements (GCC Clause 16) ................................................. 136
Confidential Information (GCC Clause 17) ......................................................... 136
E. Supply, Installation, Testing, Commissioning, and Acceptance of the System........ 137
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Representatives (GCC Clause 18) ....................................................................... 137
Project Plan (GCC Clause 19) ............................................................................. 137
Subcontracting (GCC Clause 20) ........................................................................ 139
Design and Engineering (GCC Clause 21) .......................................................... 140
Procurement, Delivery, and Transport (GCC Clause 22) ..................................... 140
Product Upgrades (GCC Clause 23) .................................................................... 140
Implementation, Installation, and Other Services (GCC Clause 24) ..................... 140
Inspections and Tests (GCC Clause 25) .............................................................. 141
Installation of the System (GCC Clause 26) ........................................................ 141
Commissioning and Operational Acceptance (GCC Clause 27) ........................... 141
F. Guarantees and Liabilities ......................................................................................... 141
28.
29.
30.
Operational Acceptance Time Guarantee (GCC Clause 28) ................................. 141
Defect Liability (GCC Clause 29) ....................................................................... 142
Functional Guarantees (GCC Clause 30) ............................................................. 142
128
Section V. Special Conditions of Contract
31.
32.
33.
Intellectual Property Rights Warranty (GCC Clause 31) ..................................... 142
Intellectual Property Rights Indemnity (GCC Clause 32) .................................... 142
Limitation of Liability (GCC Clause 33) ............................................................. 142
G. Risk Distribution ....................................................................................................... 143
34.
35.
36.
37.
38.
Transfer of Ownership (GCC Clause 34) ............................................................ 143
Care of the System (GCC Clause 35) .................................................................. 143
Loss of or Damage to Property; Accident or Injury to Workers; Indemnification
(GCC Clause 36) ................................................................................................ 143
Insurances (GCC Clause 37) ............................................................................... 143
Force Majeure (GCC Clause 38) ......................................................................... 143
H. Change in Contract Elements ................................................................................... 144
39.
40.
41.
42.
Changes to the System (GCC Clause 39) ............................................................ 144
Extension of Time for Achieving Operational Acceptance (GCC Clause 40) ...... 145
Termination (GCC Clause 41) ............................................................................ 145
Assignment (GCC Clause 42) ............................................................................. 145
Section V. Special Conditions of Contract
129
Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement or amend the General
Conditions of Contract (GCC). Whenever there is a conflict, the provisions of the SCC shall
prevail over those in the General Conditions of Contract. For the purposes of clarity, any
referenced GCC clause numbers are indicated in the left column of the SCC.
Note: The following are sample clauses. The Purchaser must complete, modify, add, or delete the
following sample SCC clauses as appropriate. If a GCC clause is not applicable to the specific
procurement, then add a clause to the SCC stating that the specific GCC clause is deleted. Also,
whenever the GCC does not cover an important contractual matter, then add a suitable clause or
clauses, in the most appropriate place in the SCC.
A. CONTRACT AND INTERPRETATION
1.
Definitions (GCC Clause 1)
GCC 1.1 (a) (ix)
The applicable edition of the Procurement Guidelines is dated: May
2004, revised October 1, 2006 nad May 1 , 2010
GCC 1.1 (b) (i)
The
GCC 1.1 (b) (ii)
The Project Manager is: Director of Town and Country Planning,
GCC 1.1 (e) (i)
2nd Floor, Mythri Vihar, Ameerpet,
Hyderabad- 500038, India.
Office: 040-23731091,
Fax: 040-23731094,
Mobile: 7702100228
Email:- [email protected]
The Purchaser’s Country is: India
Purchaser is: Commissioner & Director
Administration, A.C Guards, Hyderabad
of
Municipal
GCC 1.1 (e) (iii)
DT&CP, AP with 13 Municipal Corporations and 3 District Head
Quarters
GCC 1.1 (e) (x)
The Contract shall continue in force until the Information System and all
the Services have been provided unless the Contract is terminated
earlier in accordance with the terms set out in the Contract.
GCC 1.1. (e) (xii) The Post-Warranty Services Period is 3 years.
2.
GCC 2
Contract Documents (GCC Clause 2)
“There are no Special Conditions of Contract applicable to GCC
130
Section V. Special Conditions of Contract
Clause 2.”
3.
GCC 3.1.1
Interpretation (GCC Clause 3)
The Contract's governing language is English
4.
GCC 4.3
Notices (GCC Clause 4)
Address of the Project Manager: As specified above
Fallback address of the Purchaser: As specified above
5.
GCC 5.1
Governing Law (GCC Clause 5)
The Contract shall be interpreted in accordance with the laws of: India
6.
Settlement of Disputes (GCC Clause 6)
GCC 6.1.4
The Appointing Authority for the Adjudicator is: Project Director
APMDP, Govt. of Andhra Pradesh
GCC 6.2.3
Arbitration proceedings shall be conducted in accordance with the rules
of arbitration of Arbitration and Conclusion Act 1996 of India.
B. SUBJECT MATTER OF CONTRACT
7.
GCC 7.3
8.
GCC 8.1
GCC 8.2
Scope of the System (GCC Clause 7)
The Supplier agrees to supply spare parts required for the operation and
maintenance of the System for the contract duration and in case of any
extension thereof.
Time for Commencement and Operational Acceptance (GCC Clause 8)
The Supplier shall commence work on the System from the Date of
notification of award of the Contract.
Operational Acceptance will occur on or before:
implementation Plan as per the contract.
As per the
Section V. Special Conditions of Contract
9.
GCC 9.9
Supplier’s Responsibilities (GCC Clause 9)
The Supplier shall have the following additional responsibilities: None
10.
GCC 10.12
131
Purchaser’s Responsibilities (GCC Clause 10)
The Purchaser shall have the following additional responsibilities:
1. Shall procure / provide the required Hardware as per the
specifications of the selected solution
2. Shall provide working space at all locations as per the number of
members deployed at each location
3. Shall provide Training rooms, Training infrastructure, Lunch,
Snacks and Tea for all participants and Photo copy of the Master
copy to the number of participants per batch
4. Shall provide Desk tops for Training programs in 1:2 ratio of
machines to participants respectively
5. Shall provide necessary connectivity to the central server (
cloudbased) for the ULB to access the application software as per
the specifications given by the selected bidder
C. PAYMENT
11.
GCC 11.2 (b)
Contract Price (GCC Clause 11)
The contract price is the Total Cost (TC) as defined in Form Fin 2.
Adjustments to the Contract Price shall be None .
12.
Terms of Payment (GCC Clause 12)
GCC 12.1
a. The MA&UD Department, Government of Andhra Pradesh or its
representative shall verify the Vendor / Bidder’s statement and certify
the amount to be paid to the Vendor / Bidder after checking the
Milestones.
b. The value of work completed shall comprise the value of the quantities
132
Section V. Special Conditions of Contract
of the items in the Bill of Quantities completed and shall include the
value of Variations, advance payments, Compensation Events and
deductions for retention.
c. The Purchaser may exclude any item certified in a previous certificate
or reduce the proportion of any item previously certified in any
certificate in the light of later information.
d. The payments as admissible shall be made after deducting the further
security deposit / retention money, tax deduction at source (TDS), sales
tax, royalty and other taxes applicable at prevailing rate at the time of
payments.
e. Payments to the Vendor / Bidder shall be made only through cheques.
f.
The total solution cost (T) is treated as “Solution Cost (C)+ Services
Cost (S)” i.e. T = C+S
g. Solution Cost Includes ( C ) : Application software + System software /
Tools (if any)
h. Services Cost Includes (S) : Training Costs + Systems Study /
Customization costs + Implementation costs + Operations support +
Data Migration support + Maintenance support along with Help Desk
i.
The Payment is made as follows.
j. 75% of ( C ) against various milestones = Say P
k. (25% of C + S) / 20 = EQI to be paid upon commissioning of the
Project once declare “Go-Live”
Phase
Suggested
Milestone
Signing of contract
Payment
T
Beginning of the Project
Section V. Special Conditions of Contract
I
II
III
IV
V
133
System Study, SRS, 10% of P
BPR
recommendations,
Workflow
definitions based on
BPR
Demonstrate DPMS 20% of P
–
Residential,
Commercial
approvals at Pilot
Documentation of all
Go live in Pilot– 20% of P
Other approvals
1. Industrial, 2.
Warehousing, etc
3. NOCs etc
Replicate
in
3
DHQs the Phase 1
deployment
after
ATP 1
Go-Live
3 20% 0f P
locations
total solution
Go-Live
12 20% of P
locations
Demo of complete
deliverables
Demo of Pilot Phase 1
Deployment
ATP 1
solution at Pilot –
ATP 2
ATP 3
ATP 4
ATP 5
Final
Acceptance 10% of P
ATP, Data migration and integrations, I
support and “Go-Live”
Test – Total system
acceptance test
Training for the
staff on various
modules
Help
Desk
for
Technical
and
Implementation
support
Interest rate for delay payment is LIBOR + 1% for foreign currency and
10% for local currency.
VI
GCC 12.3
GCC 12.4
For Goods and Services supplied locally, the Purchaser will pay the
Supplier in Indian Rupees (INR)
134
GCC 12.5
Section V. Special Conditions of Contract
Stands Deleted.
13.
Securities (GCC Clause 13)
GCC 13.2.1
Not Applicable
GCC 13.2.2
Not Applicable
GCC 13.3.1
The Performance Security should be in the currency of the Bid for an
amount equal to 10% percent of the Contract Price.
GCC 13.3.4
Not Applicable
14.
GCC 14
Taxes and Duties (GCC Clause 14)
There are no Special Conditions of Contract applicable to GCC
Clause 14.
D. INTELLECTUAL PROPERTY
15.
GCC 15.3
Copyright (GCC Clause 15)
The Purchaser may assign, license, or otherwise voluntarily transfer its
contractual rights to use the Standard Software or elements of the
Standard Software, without the Supplier’s prior written consent,
under the following circumstances: None
The purchaser holds all the rights to any of the software developed
specifically for the purchaser, documents or any artifacts prepared or
developed specifically under this contract.
The purchaser has NO rights for the products that are already
developed by the supplier that are being customized for the purchaser’s
use.
GCC 15.4
The Purchaser’s and Supplier’s rights and obligations with respect to
Custom Software or elements of the Custom Software are as
follows : All rights reserved with the Purchaser. Supplier is
required to share the source code with the Purchaser and
shouldn’t retain a copy for commercial use at any other
places/clients without prior consent of the purchaser if the
software is developed specifically for the Purchaser.
Section V. Special Conditions of Contract
135
It will be the responsibility of the Vendor / Bidder to put the source code
in an escrow and transfer the source on to a test server regenerating the
object code comparable to that existing on the production system if it’s a
abinitio development done by the vendor.
In case a product is being customized Intellectual Property Rights of the
IT product remains with the Vendor / Bidder. MA&UD Department,
Government of Andhra Pradesh does not have the right to sell the
product for any commercial purpose and the solution customized is
specific to the DPMS for MA&UD Department, Government of Andhra
Pradesh Project of Hyderabad.
The MA&UD Department, Government of Andhra Pradesh holds the
rights of the solution for its replication at no further costs within the
organization (16 locations) both for its current and future requirements.
GCC 15.5
“No software escrow contract is required for the execution of the
Contract in case of product procurement;”
In case of software development maximum number of days during
which a separate escrow contract must be agreed upon with a reputable
escrow agent and any specific rights and obligations that the Purchaser
wishes to establish in advance is 3 years.
Note:
Special software escrow arrangements are generally needed in relation
to Contracts for the supply of Software, particularly Application
Software, where there is concern about the ability of the Supplier to
provide ongoing support throughout the life of the System. The
protection provided by an escrow arrangement, however, should be
weighed against the costs of administering it. The actual language of
the escrow contract will vary depending on the laws of the country in
which the escrow deposit is to be made (which may be the Purchaser’s
Country or another country with a suitable legal regime) and the
escrow agent selected (escrow agents generally have their own
standard form contracts). Provisions may cover:
(i)
the Supplier’s obligations to deliver the Source Code to the
escrow agent and make replacement deposits to ensure that the
Source Code is up to date;
(ii)
the Supplier’s warranties that the Source Code is at all times
capable of being used to generate the latest version of the
executable code to the relevant Software in use by the
Purchaser and suitable to enable the Purchaser to support and
develop the Software;
(iii)
the escrow agent’s obligations to keep the Source Code secure
and confidential;
(iv)
the escrow agent’s obligations in relation to verification of the
136
Section V. Special Conditions of Contract
Source Code (to ensure that it is Source Code and that it is
capable of generating the executable code);
16.
GCC 16.1 (a)
(iii)
(v)
the obligations of the Supplier and the Purchaser in relation to
payment of the escrow agent’s fee;
(vi)
the escrow agent’s right and obligation to release the Source
Code to the Purchaser in certain specified “release events”
(e.g., bankruptcy or insolvency of the Supplier or the
Supplier’s failure to make deposits or to support the Software);
(vii)
limitations and exclusions of the escrow agent’s liability;
(viii)
the circumstances in which the escrow arrangement will
terminate, and what will happen to the deposited Source Code
on termination; and
(ix)
confidentiality undertakings to be given by the Purchaser on
release of the Source Code.
Software License Agreements (GCC Clause 16)
The Standard Software license shall be valid “throughout the territory of
the Purchaser’s Jurisdiction of operation( State of Andhra Pradesh);”
GCC 16.1 (a) (iv) Use of the software shall be subject to the following additional
restrictions : None
GCC 16.1 (b) (ii) The Software license shall permit the Software to be used or copied for
use or transferred to a replacement computer : Unlimited rights with the
purchaser with in the 16 locations. There are no limitations on the
number of users per location.
GCC 16.1 (b)
(vi)
The Software license shall permit the Software to be disclosed to and
reproduced for use (including a valid sublicense) by : None
GCC 16.2
The Supplier’s right to audit the Standard Software will be subject to the
following terms: None
17.
Confidential Information (GCC Clause 17)
GCC 17.1
“There are no modifications to the confidentiality terms expressed in
GCC Clause 17.1;”
GCC 17.7
The provisions of this GCC Clause 17 shall survive the termination, for
whatever reason, of the Contract for “the period specified in the GCC”
Section V. Special Conditions of Contract
137
E. SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND
ACCEPTANCE OF THE SYSTEM
18.
Representatives (GCC Clause 18)
GCC 18.1
The Purchaser’s Project Manager shall have “no additional powers or
limitations.”.
GCC 18.2.2
The Supplier’s Representative shall have “no additional powers or
limitations.”.
19.
GCC 19.1
Project Plan (GCC Clause 19)
Chapters in the Project Plan shall address the following subject:
a) Project Organization and Management
b) Design and Development / Customization Plan of product
c) Pilot Implementation Plan
d) Testing Plan and Final User Acceptance Test Plan
e) Delivery and Installation Plan
f) Training Plan
g) Risk Management Plan
h) Warranty Plan
i) Data Entry Plan
j) Task, Time and Resource schedule
k) Post Warranty Operations Support Service Plan
k) Post Operations Support, Maintenance Support Plan
l) Technical Support Plan including Help Desk organization
m) Quality Assurance and Control Process details which must include (But not
limited to) detailing on Metrics, Reviews, Problems Reporting and
Corrective action etc.
n) Technical and Operational Process which must include (but not
limited to) detailing on Methods, Tools and techniques.
Further details regarding the required contents of each of the above
chapters are contained in the Technical Requirements, Section.
GCC 19.2
Within 7 days from the Effective Date of the Contract, the Supplier shall
present a Project Plan to the Purchaser. The Purchaser shall, within
fourteen (14) days of receipt of the Project Plan, notify the Supplier of
any respects in which it considers that the Project Plan does not
adequately ensure that the proposed program of work, proposed methods,
and/or proposed Information Technologies will satisfy the Technical
Requirements and/or the SCC (in this Clause 19.2 called “nonconformities” below). The Supplier shall, within five (5) days of receipt
of such notification, correct the Project Plan and resubmit to the
Purchaser. The Purchaser shall, within five (5) days of resubmission of
138
Section V. Special Conditions of Contract
the Project Plan, notify the Supplier of any remaining non-conformities.
This procedure shall be repeated as necessary until the Project Plan is
free from non-conformities. When the Project Plan is free from nonconformities, the Purchaser shall provide confirmation in writing to the
Supplier. This approved Project Plan (“the Agreed and Finalized Project
Plan”) shall be contractually binding on the Purchaser and the Supplier.
GCC 19.5
The Supplier shall submit to the Purchaser the following reports:
(a)
The overall reports shall summarize the following:
(i)
results accomplished during the prior period;
(ii)
cumulative deviations to date from schedule of progress
milestones as specified in the Agreed and Finalized Project
Plan;
(iii) corrective actions to be taken to return to planned schedule of
progress; proposed revisions to planned schedule;
(iv) other issues and outstanding problems; proposed actions to
be taken;
(v)
resources that the Supplier expects to be provided by the
Purchaser and/or actions to be taken by the Purchaser in the
next reporting period;
(vi) other issues or potential problems the Supplier foresees that
could impact on project progress and/or effectiveness.
The Overall reports required to be submitted include :
The following is only an indicative list of reports that may be submitted
to the Purchaser time-to-time:
o Daily reports
o Summary of issues / complaints logged at the Help Desk
o Summary of resolved, unresolved and escalated issues / complaints
o Summary of resolved, unresolved and escalated issues / complaints
to vendors.
o Log of backup and restoration undertaken.
o Weekly Reports
o Issues / Complaints Analysis report for virus calls, call trend, call
history, etc.
o Summary of systems rebooted.
o Summary of changes undertaken in the Project including major
changes like configuration changes, patch upgrades, database
Section V. Special Conditions of Contract
139
reorganization, storage reorganization, etc. and minor changes like
log truncation, volume expansion, user creation, user password reset,
etc.
o Monthly reports
o Component wise physical as well as IT infrastructure availability and
resource utilization
o Consolidated SLA / (non)-conformance report.
o Log of preventive / scheduled maintenance undertaken
o Log of break-fix maintenance undertaken
o Quarterly Reports
o Consolidated component-wise physical and IT infrastructure
availability and resource utilization.
o Half-yearly Reports
o Security Audit Report
o IT infrastructure Upgrade / Obsolescence Report
o Incident Reporting
o Detection of security vulnerability with the available solutions /
workarounds for fixing.
o Hacker attacks, Virus attacks, unauthorized access, security threats,
etc. – with root cause analysis and plan to fix the problems.
o Software license violations
20.
GCC 20
Subcontracting (GCC Clause 20)
“There are no Special Conditions of Contract applicable to GCC
Clause 20.”
140
Section V. Special Conditions of Contract
21.
Design and Engineering (GCC Clause 21)
GCC 21.2
The Contract shall be executed in accordance with the edition or the
revised version of all referenced codes and standards current at the date
“as specified in the GCC,” by the Government of India , Government of
Andhra Pradesh and in discussion with the client.
GCC 21.3.1
The Supplier shall prepare and furnish to the Project Manager the
following documents for which the Supplier must obtain the Project
Manager’s approval before proceeding with work on the System or any
Subsystem covered by the documents :
i) Testing Plans : ATP 1, ATP 2, ATP 3, ATP 4 and ATP5.
ii) Training Courseware
iii) Workflow documentation
iv) User privilege configurations
22.
Procurement, Delivery, and Transport (GCC Clause 22)
GCC 22.4.3
The Supplier shall be free to use transportation through carriers
registered in any eligible country and shall obtain insurance from any
eligible source country.
GCC 22.5
The Supplier shall provide the Purchaser with shipping and other
documents “as specified in the GCC,”.
23.
GCC 23.4
24.
GCC 24
Product Upgrades (GCC Clause 23)
The Supplier shall provide the Purchaser “with all new versions,
releases, and updates to all Standard Software during the
Warranty Period, Operational support and Maintenance period
for free, as specified in the GCC,”
Implementation, Installation, and Other Services (GCC Clause 24)
“There are no Special Conditions of Contract applicable to GCC
Clause 24.”
Section V. Special Conditions of Contract
25.
141
Inspections and Tests (GCC Clause 25)
“There are no Special Conditions of Contract applicable to GCC
Clause 25.”
GCC 25
26.
Installation of the System (GCC Clause 26)
“There are no Special Conditions of Contract applicable to GCC
Clause 26.”
GCC 26
27.
GCC 27.2.1
Commissioning and Operational Acceptance (GCC Clause 27)
Operational Acceptance Testing shall be conducted in accordance with
section VI of the Technical Requirements where acceptance testing
details are given. These are
Acceptance Test Phase – 1
Acceptance Test Phase – 2
Acceptance Test Phase – 3
Acceptance Test Phase – 4
Acceptance Test Phase – 5
As per the milestones of the project post installation
GCC 27.2.2
If the Operational Acceptance Test of the System, or Subsystem(s),
cannot be successfully completed within fifteen (15) days from the date
of Installation of each phase and as per the project schedule agreed upon
by the Purchaser and the Supplier, then GCC Clause 27.3.5 (a) or (b)
shall apply, as the circumstances may dictate.
F. GUARANTEES AND LIABILITIES
28.
Operational Acceptance Time Guarantee (GCC Clause 28)
GCC 28.2
Liquidated damages shall be assessed at 0.50% percent per week. The
maximum liquidated damages are 10% percent of the Contract Price, or
relevant part of the Contract Price if the liquidated damages apply to a
Subsystem. The purchaser has the right to terminate the contract in case
of any additional delays.
GCC 28.3
Liquidated damages shall be assessed with respect to achieving
142
Section V. Special Conditions of Contract
individual key Milestones and on Operational Acceptance.
29.
Defect Liability (GCC Clause 29)
GCC 29.1
For Software, exceptions or limitations to the Supplier’s warranty
obligations shall be as follows: “None;”
GCC 29.3 (iii)
“No specific minimum time requirements are established for this
Contract other than that the Information Technologies must have been
previously released to the market;”
GCC 29.4
The Warranty Period shall begin from the date of Operational
Acceptance of the System or Subsystem and extend for “ 24 months
after complete system Go-Live”. Contract includes Post Warranty
Maintenance Services along with a Help Desk for 36 months.
GCC 29.10
During the Warranty Period, the Supplier must commence the work
necessary to remedy defects or damage as per SLA.
Refer ANNEXURE-2 for Overall SLAs
30.
“There are no Special Conditions of Contract applicable to GCC
Clause 30.”
GCC 30
31.
Intellectual Property Rights Warranty (GCC Clause 31)
“There are no Special Conditions of Contract applicable to GCC
Clause 31.”
GCC 31
32.
GCC 32
Intellectual Property Rights Indemnity (GCC Clause 32)
“There are no Special Conditions of Contract appicable to GCC
Clause 32.”
33.
GCC 33
Functional Guarantees (GCC Clause 30)
Limitation of Liability (GCC Clause 33)
Normally, state “There are no Special Conditions of Contract
applicable to GCC Clause 33.”
Section V. Special Conditions of Contract
143
G. RISK DISTRIBUTION
34.
GCC 34
Transfer of Ownership (GCC Clause 34)
“There are no Special Conditions of Contract applicable to GCC
Clause 34.”
35.
GCC 35
36.
Care of the System (GCC Clause 35)
“There are no Special Conditions of Contract applicable to GCC
Clause 35.”
Loss of or Damage to Property; Accident or Injury to Workers; Indemnification
(GCC Clause 36)
GCC 36
“There are no Special Conditions of Contract applicable to GCC
Clause 36.”
37.
Insurances (GCC Clause 37)
GCC 37.1 (c)
The Supplier shall obtain Third-Party Liability Insurance in the amount
of contract value with deductible limits of no more than 1% of
Contract value. The insured Parties shall be the purchaser. The
Insurance shall cover for a period of 5 years from Effective Date
of the Contract
GCC 37.1 (e)
“There are no Special Conditions of Contract applicable to GCC
Clause 37.1 (e)”.
38.
GCC 38
Force Majeure (GCC Clause 38)
“There are no Special Conditions of Contract applicable to GCC
Clause 38.”
144
Section V. Special Conditions of Contract
H. CHANGE IN CONTRACT ELEMENTS
39.
GCC 39
Changes to the System (GCC Clause 39)
The Any changes to the Contract shall go through the
Change Control Board (CCB)
The Change Control Board (CCB) represents the interests of
program and project management by ensuring that a structured
process is used to consider proposed changes and incorporate
them into a specified release of a product. The CCB shall request
that impact analysis of proposed changes be performed, review
change requests, make decisions, and communicate decisions
made to affected groups and individuals. A Change Control
Board is established in order to manage the change control
process in a fair and stable manner. The Change Control Board
serves as the focal point for change management and retains the
authority for deciding which proposed changes actually get
incorporated into a work product.
It is expected that the board will meet either on a periodic basis
or whenever a key change or group of changes requires
consideration. The Program Manager will act as its facilitator
and will serve as the focal point for collecting change requests,
coordinating change board meetings, and the like. The CCB
reports the requests to the Steering Committee which takes the
final decision on the changes to be implemented
Role and Responsibilities
The Change Control Board is established for the management of
changes that affect the scope of the Project. The basic functions
of the Change Control Board are as follows:
ü Ensure that changes are reviewed and implemented on a
timely basis.
ü Ensure change is made in a organized and controlled manner
ü Identify technically sound improvements having high
benefit-to-cost ratios and thereby enhancing overall business
performance
ü Interface with those impacted to coordinate implementation
of the change in an coordinated effort
ü Manages change activity from initial request through
technical recommendation, to approval for implementation
ü Minimize the risk of scope creep in the Project
ü Provide on open forum to discuss ideas and or concerns
Section V. Special Conditions of Contract
40.
GCC 40
Extension of Time for Achieving Operational Acceptance (GCC Clause 40)
The extension of time is subject to the discretion of the Purchaser
based on the written request on the same by the Supplier.
41.
GCC 41
Termination (GCC Clause 41)
“There are no Special Conditions of Contract applicable to GCC
Clause 41.”
42.
GCC 42
145
Assignment (GCC Clause 42)
“There are no Special Conditions of Contract applicable to GCC
Clause 42.”
147
SECTION VI. TECHNICAL REQUIREMENTS (INCLUDING
IMPLEMENTATION SCHEDULE)
Table of Contents: Technical Requirements
A. Background ................................................................................................................ 149
0.1
0.2
0.3
The Purchaser ..................................................................................................... 149
Business Objectives of the Purchaser .................................................................. 151
Acronyms Used in These Technical Requirements .............................................. 155
B. Business Function and Performance Requirements ................................................. 157
1.1
1.2
1.3
Business Requirements to Be Met by the System ................................................ 157
Functional Performance Requirements of the System .......................................... 158
Related Information Technology Issues and Initiatives ........................................ 160
C. Technical Specifications ............................................................................................ 161
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
General Technical Requirements......................................................................... 161
Computing Hardware Specifications – Not Applicable ........................................ 161
Network and Communications Specifications ..................................................... 161
Software Specifications ....................................................................................... 161
System Management, Administration, and Security Specifications ...................... 162
Service Specifications ......................................................................................... 170
Documentation Requirements ............................................................................. 178
Consumables and Other Recurrent Cost Items – Not applicable .......................... 179
Other Non-IT Goods – Not applicable ................................................................. 179
D. Testing and Quality Assurance Requirements ......................................................... 179
3.1
3.2
3.3
Inspections .......................................................................................................... 179
Pre-commissioning Tests .................................................................................... 179
Final Acceptance Testing Phase .......................................................................... 181
E. Implementation Schedule .......................................................................................... 181
Site Table .................................................................................................................... 185
F. Required Format of Technical Bids ........................................................................ 186
5.1 Description of Information Technologies, Materials, Other Goods, and Services. 186
5.2 Item-by-Item Commentary on the Technical Requirements ................................. 186
5.3 Preliminary Project Plan ..................................................................................... 186
5.4 Confirmation of Responsibility for Integration and Interoperability of Information
Technologies....................................................................................................... 187
G. Technical Responsiveness Checklist ......................................................................... 188
Technical Responsiveness Checklist ............................................................................ 189
148
Section VI. Technical Requirements
H. Attachments............................................................................................................... 192
Attachment 1.
Attachment 2.
Attachment 3.
Attachment 4.
Attachment 5.
Evaluation Criteria ............................................................................... 192
Service Level Agreement (SLA) .......................................................... 192
List of Municipalities ........................................................................... 192
Abbreviations and Definitions ............................................................. 192
The Purchaser’s Project and Corporate Management Structure ............ 192
Section VI. Technical Requirements
149
Technical Requirements
Note: The following is only a sample outline. Entries should be modified, extended, and/or deleted,
as appropriate for the particular System to be supplied and installed.
A. BACKGROUND
0.1
The Purchaser
0.1.1 Brief about MA&UD Department, Government of Andhra Pradesh
The State of the Andhra Pradesh has 110 Corporations and Municipalities spread over
4 regions along with a few Urban Development authorities providing citizen services
in granting permissions for buildings and development of layouts for Residential,
commercial, industrial purposes for an orderly development of the cities and towns.
The Corporations, Municipalities and the various development authorities that focus
on developmental permissions were set up for the purposes of
· planning
· co-ordination
· supervising
· promoting
· securing
the planned development of the Regions that fall under their jurisdiction.
These institutions coordinate the development activities of the municipal
corporations, municipalities and other local authorities, such as the Water Supply &
Sewerage Boards and other such bodies
Some of the major activities include:
·
·
·
·
·
Preparation of Master Plan along with Zonal Level Development Plans for
orderly Development.
Preparation of detailed Building Regulations and Layout Regulations and their
Enforcement.
Giving permissions for Buildings and Layouts
Building Major Townships which give a new direction to Urban Growth.
Green Belt project which help in massive tree plantation and providing Green
Belt on all major road corridors.
150
Section VI. Technical Requirements
The Government of Andhra Pradesh as part of its vision to provide Good Governance
to its citizens initiated various steps to harness the potential of ICT to provide
integrated services to the citizens by deploying appropriate tools of Information and
Communication Technology (ICT) for Urban Governance.
In the process of making a role model State in providing Citizen Centric City
Development for the rest of the nation, the Government of AP has initiated the
process of identifying specific activities that could be brought under ICT enablement
that have substantial impact on the service delivery to the Citizen.
The major areas include
§
§
§
§
Building Permissions
Layout Permissions
NOCs
Land Use Certificate
0.1.2 Present system
Town Planning Department is the Nodal Agency for approval of Development
Permission of Layouts, Buildings (both Commercial and Residential) etc. based on
specific guidelines and stipulated set of rules. As per the relevant provisions of the Act,
any person desirous of undertaking a construction activity (New as well as
modifications), is required to obtain prior sanctions from the MA&UD Department,
Government of Andhra Pradesh (dealt in Town Planning Department) before
embarking on the same. The details of various ULBs is provided in Annexure 3
The State over all receives nearly 31,000 applications yearly for permission within
limits of the urban local bodies. These permissions have to be furnished along with
various building plans and other property documents. The submitted documents will be
subjected to scrutiny by the team of planner’s technical and non technical team, which
also involves on site verification of the furnished details. This processes been carried
out manually and in a traditional manner till date. In the past few years, there has been
a tremendous increase in the inflow of applications, which has increased workload on a
small group of team, which has delayed application approval process.
Applicant submits the application and mandatory documents in hard copy at the
respective Municipal Corporation, Government of Andhra Pradesh Receipt counter. It
is huge file which contains building plan, ownership documents and other required
Section VI. Technical Requirements
151
papers. The files were transferred from one table to another officer’s table physically.
The TPBO reads the drawings manually and map to development control rules to check
for compliance is a major time consuming and error prone process. The number of
stages that a file goes through in each approval process is very long thus slowing down
the approval process. Also there is no information displayed about the documents
required for approval. These results in delay in clearances and applicants have to visit
planning department officials many times to ensure that every document is in place.
Applicant has to visit multiple times to know the status of the application and also
locating the file and tracking the status by the department officials is cumbersome
process
0.2
Business Objectives of the Purchaser
0.2.1 Objectives
ü Provide Cloud based On-line Development permissions to the Citizens by the
usage of appropriate technology
ü Integrate the entire organizational workflows with the effective use of ICT for
better service delivery to the Citizens
ü Refine and define the processes to make the service delivery simple and
convenient to the citizen and to all stakeholders in the system
ü Build the required ICT solution and deploy based on the Acceptance certification
by PMU
152
Section VI. Technical Requirements
ü Ensure onsite technical and operational manpower support for implementation,
handholding and parallel run post “ go-live” for the ICT solution for a period of
two (2) years on site at various locations across the state of Andhra Pradesh
ü Build capacity within the organization for the smooth adoption of ICT enabled
service delivery to the Citizens including change management
ü Maintain the solution for a period of three (3) years post handholding stage with a
core team of technical and operational staff as a mix of on-site and off-site
support model
ü Work on the organizational processes and enable smooth transition of the current
system to the proposed system by efficient implementation and handholding
process
The List of processes identified for ICT enablement is:
1. Building Permissions at Urban Local Body
a. Residential Buildings
i.
Individual Buildings with High Rise and Low Rise permissions
ii.
Group Housing with Multi-Storeyed / High rise and Non Multi
storeyed / low-rise permissions
Group Development Permissions – Development of Residential
Buildings in an area of 4000sq.m and above. These could be Row
Houses, Semi-Detached/ Detached Houses, Apartment Blocks or
High-Rise Buildings or Mix or combination of above
b. Commercial Buildings
i.
Individual Buildings Permissions for High-Rise and Low-rise
ii. Group Building Permissions both Multi-Storeyed/ High-Rise and
Non Multi-Storeyed/ Low-Rise )
iii.
c. Non-Residential/Other Buildings
i.
Institutional Permissions for Colleges, Schools, Hostels,
Hospitals etc
ii.
Industrial Permissions
iii.
Warehouses Permissions
iv.
Other permissions
2. Issuance of No Objection Certificate
a. Quarries and Mines
b. Inflammatory Material such as Petrol / Diesel outlets
c. Single Window Cases
d. Other NOCs.
3. Layout Approval
Section VI. Technical Requirements
153
0.2.2 Proposed System
ü The Citizen submits the Applications on-line or at the Citizen Facilitation
Centre
ü The Application is scrutinized through a Workflow and tracked through a file
tracking system
ü The Auto Cad drawings of the Building are submitted to the IT Enabled
DPMS and the system gives the compliance and deviations report in “Less
than 15 minutes”
ü The physical verification is conducted by the Field Engineers and Handheld
devices capture the data and update the system online
ü Permissions are given to the Citizen and status of the file is automatically
updated on the website
Service offerings to the citizens
The new ICT enabled Development Permission System promises hassle free,
efficient and transparent citizen friendly services to its citizens rendered both
online (24x7) as well as offline (at ULB Inward counters / Seva Centres with
help desk facility).
a) Application Submission stage (online and through ULB Inward counters)
Citizens and Architects can login to the website to fill the application and submit/
upload the proposals anytime, anywhere.
The physical copies of the uploaded file should be submitted at ULB Inward
counters centres/ Seva Centres (‘One-Stop’ service delivery) as per his
convenience. ULB Inward counters center provides guidance from Help-desk to
ensure 100% completion of the applications. File number generated for accepted
applications is notified through SMS/email (also updated on the website), for
future file tracking.
Online and Offline payment options:
Citizens can visit website to view and make payments using Credit card/ Debit
card/Net banking with his ‘File No’ or can visit nearby ULB Inward counters
centres and make the payment by cheque, demand draft(DD) or in the bank.
Payment receipt is notified to the citizen through SMS/email (also updated on the
website).
Applications without payment of initial processing fee do not get processed.
b) Application Processing stage:
Citizen need not make multiple visits to Municipal Corporation / ULB /
Development Authority to know the status of the application.
The progress of the file movement is transparent and gets communicated to the
applicant via website, SMS, Email and Citizen Facilitation Centres. Also, the
154
Section VI. Technical Requirements
citizen, based on his file number can view the progress of the proposal anytime,
anywhere from the website or can visit nearby ULB Inward counters centre.
The applicant is informed of Site inspection well in advance to ensure his presence
during the inspection via SMS/Email. Any postponement /cancellation of dates are
also similarly notified.
At every juncture of the process, where the officer needs additional documents or
any other information from the citizen, the system automatically sends the necessary
communication to the citizen, (through email/sms) or via ULB Inward counters after
due approval from the designated officers. The additional information can be given
by email and submitted at ULB Inward counters centre.
c)
Approval of Proposals and payment of DC charges
If the application is approved, SMS/email is sent requesting payment of DC charges
and conditions to be complied with before release of plans, for rejected application,
the same is conveyed with reasons. The citizen can also view the status from
website
Citizens can make the payment online (website) using Credit card/ Debit card/Net
banking with his ‘File No’ or can visit any nearby ULB Inward counters centres and
make the payment. Payment receipt is also notified to the citizen through
SMS/email (also updated on the website).
d)
Release of Layouts/ Development Permissions:
The conditions precedent to release of permissions need to be complied with and
necessary documents submitted by Email and at ULB Inward counters / Seva
centers.
After enfacing the plans by designated officers, SMS alert is sent to the citizen for
collection of draft layout. The electronic/digitized plans can be downloaded from the
website.
e)
Submission of Final Layouts/ Development Permissions:
Alerts/reminders via SMS are sent to the applicant for submission of final layout
documents / apply for extension for final layout/ development permission
Similar process is followed for final Layouts/ final Development permissions.
0.2.3 Benefits of the Proposed System
ü Any time any where submission of applications and certification
ü Immediate response to the Citizen
ü No errors in computation
Section VI. Technical Requirements
155
ü Less than 15 minutes to evaluate the correctness of the application submitted
and providing transparency, minimizing computational errors
ü Automatic validation of compliances and adapting to the changing
governmental regulation and policy
ü Tracking of files is online and workflow of the organization is streamlined
ü Integration with GIS and other governmental systems
ü Monitoring of activities as per Citizen Charter and SLAs
0.3
Acronyms Used in These Technical Requirements
0.3.1
Term
Explanation
bps
bits per second
cps
characters per second
DBMS
Database Management System
DOS
Disk Operating System
dpi
dots per inch
Ethernet
IEEE 802.3 Standard LAN protocol
GB
gigabyte
Hz
Hertz (cycles per second)
IEEE
Institute of Electrical and Electronics Engineers
ISO
International Standards Organization
KB
kilobyte
kVA
Kilovolt ampere
LAN
Local area network
lpi
lines per inch
lpm
lines per minute
MB
megabyte
MTBF
Mean time between failures
NIC
Network interface card
NOS
Network operating system
ODBC
Open Database Connectivity
156
Section VI. Technical Requirements
Term
Explanation
OLE
Object Linking and Embedding
OS
Operating system
PCL
Printer Command Language
ppm
pages per minute
PS
PostScript -- Adobe page description language
RAID
Redundant array of inexpensive disks
RAM
Random access memory
RISC
Reduced instruction-set computer
SCSI
Small Computer System Interface
SNMP
Simple Network Management Protocol
SQL
Structured Query Language
TCP/IP
Transmission Control Protocol / Internet Protocol
V
Volt
WLAN
Wireless LAN
Section VI. Technical Requirements
157
B. BUSINESS FUNCTION AND PERFORMANCE REQUIREMENTS
1.1
Business Requirements to Be Met by the System
1.1.1 General Requirements
Process
ID
Process
Name
Process Short Description
Actors/ Stake holders
DPS-001
Development
Permissions
To provide development permission to
start construction of a building legally
i.e., New constructions, additions
&alterations/ Extension to buildings.
These include:
Residential Buildings
Applicant,
Computer
Operator, Counter Incharge, DAO , Town
Surveyor, TPBO, TPS,
TPO, ACP, DCP, CP,
CCP, Commissioner,
1) Individual buildings: High-Rise and Accountant
Low-Rise
2) Group housing: (Multistoreyed/high rise and Non multi
storied/ low-rise )
3) Group development- Gated or
community
Commercial Buildings
1) Individual buildings
2) Group buildings (Multi-storeyed/
High-rise and Non multi-storeyed/
low-rise )
Non- Residential/Other Buildings
1) Institutions such as Colleges,
schools, hostels, hospitals etc
2) Industries
3) Warehouses etc.
The approvals are given after thorough
scrutiny of the documents & site
inspection
Process
ID
Process
Name
Process Short Description
Actors/ Stake holders
NOC002
Issuance of
No objection
certificate
(NOC)
To issue NOC for various activities in Applicant
(Collector
permitted land uses. These include:
officer,
Mines
&
geology
Dept),
1. Quarries and Mining
Computer
Operator,
2. Inflammatory material e.g: Petrol/
Counter
In-charge,
diesel outlets
TPBO, TPS, TPO, ACP,
3. Single window cases
158
Section VI. Technical Requirements
The approvals are given after thorough DCP,
CP,
scrutiny of document & site inspection. MC,Accountant
CCP,
Process
ID
Process
Name
Process Short Description
Actors/ Stake holders
LPS-003
Layout
Permissions
Issues
permissions
to
major Applicant
(Collector
developments based on specific set of officer,
Mines
&
rules and regulations. These are:
geology
Dept),
Computer
Operator,
1. Layout with plots - Gated or Open
Counter
In-charge,
2. Layout with houses (Group
TPBO,
TPS,
TPO,
ACP,
housing) - can be Gated or Open
CP,
CCP,
3. Group development-can be gated or DCP,
MC,Accountant
community
The approvals are given after thorough
scrutiny of the documents & site
inspection
1.2
Functional Performance Requirements of the System
1.2.1 Technology Requirements
S.No
Technology
Requirements/ Features
1
Cloud based ( Portal, ·
Web based)
·
·
·
·
·
Download application forms
Online submission of Application with necessary
documents, plans/drawings etc
Generation of Unique ID for each application
Online application status tracking
Upload/ publish approved layouts /plans
Download approved layouts
2
CAD drawings ( Cloud
based application)
Automatically identifies and reads the building
development plan and layout objects from the drawing,
Map objects in drawing to DCR and should generate
variance report
3
Document Management The system should provide state- of-the- art technology,
System ( Cloud based enabling digitization and automate into paperless office.
application)
It essentially involves image conversion of paper
documents into electronic images on a computer
The system should ensure that all documents (including
drawings/ plans/layouts) are digitized and stored in
Section VI. Technical Requirements
159
central repository in a structured manner for easy access
and retrieval with proper controls.
The solution to be easy to configure and implement so
as to integrate into existing infrastructure and
applications. It should archive records in a nonproprietary format that can be read on any operating
system without special software or any viewers into the
foreseeable future. Documents stored in the system
should retain its original format and run in its native
application when retrieved. The system should allow
easy transfer of images to any other systems.
The solution should offer comprehensive range of cost
effective services
·
·
·
·
·
·
·
·
·
·
4
Work flow Management
system/ File tracking
system ( Cloud based
application)
Scanning and indexing each page of document
Support for bulk scanning, web scanning
Versioning of the document
Role based access to the documents
Support for viewing a large number of file formats.
The system should support all commonly used file
formats as MSOffice, Acrobat, TIF, JPEG, GIF,
BMP, HTML etc.
Direct upload of scanned Documents to DMS
Association of the document with Workflow
Management System
Movement of the document based on selected
Parameters
Archival of data/document on pre-defined
parameters
Audit trails – All the actions done by the Users.
Process workflows to be comprehensively automated
across all activities so that no process steps are missed
and reduce repetition of jobs - Data entered once and
used several times
·
·
·
·
·
Configurable roles based work flows
Systematic file monitoring and time based auto
escalation process
Alerts on delays
Facility to mark the application to other officer
Reassign tasks in absence of the officer
160
Section VI. Technical Requirements
·
·
SMS/ Email notification to officers and applicants
Automatic file tracking for identifying the stage of
process flow
· Secure & seamless integration with related
departments for better accessibility and extraction of
data
· Applicant file history
5
Integrations
· Mobile applications
· SMS gateways – Status updation
· Payment gateways – Online payments
· Hand held devices - Field verification check list,
Upload of site verification photographs and
verification reports, online fee collections (Card and
cash)
· GIS
· Master plans
· Digital signature- approvals
· Finance dept – posting of payments into ledgers
· Grievance Redressal system – Customer complaints
· Any other applications
6
Data Analytics ( Cloud · Authorized constructions,
based application)
· Unauthorized constructions
· Pending applications
· SLA /Citizen charter monitoring
· MIS reports
7
Mobile App
· Tracking of the status of the application
· Payment facilitation
· Grievance submission
· Alerts
· RTI
1.3
Related Information Technology Issues and Initiatives
1.3.1 The DPMS should have open interfaces so that integration to various other
other e-governance initiatives could be enabled.
The integrations would include but not limited to, are as follows:
a. GIS integration / Master plan integration
b. E-Gov initiatives by the MA&UD
c. E-seva and other delivery / distribution channel integration
d. Payment gateway integration
e. Municipal websites and portals
f. Third party Mobile Apps integration
Section VI. Technical Requirements
161
C. TECHNICAL SPECIFICATIONS
2.0
General Technical Requirements
2.0.1 Language Support: All information technologies must provide support for the
English. Specifically, all display technologies and software must support
English and Telugu character set and perform sorting.
2.0.2 DATES: All information technologies MUST properly display, calculate, and
transmit date data, including, but not restricted to 21st-Century date data.
2.0.4 Environmental: Not applicable
2.0.5 Safety: Not Applicable
2.1
Computing Hardware Specifications – Not Applicable
2.2
Network and Communications Specifications
2.2.1 Local Area Network(S):
2.2.1.1 Equipment and software: The application software should be enabled
on a LAN within the ULB.
2.2.2 Wide-Area Network:
2.2.2.1 Equipment and software: The application software shall be enabled on
Internet Protocol
2.2.2.2 Telecommunications Services: The Telecom services should provide
APN or VPN facility
2.2.3 Other communications equipment: The overall hardware requirements for the
solution are not a part of the current procurement.
2.3
Software Specifications
2.3.1 System Software and System-Management Utilities:
2.3.1.1 Operating systems (Server and Client) – Windows, Linux Processing
Database – As per the product / solution needs
Anti Virus – As per the solution requirements
2.3.2 Networking and Communications Software: Inter enabled TCP/IP based
2.3.3 General-Purpose Software:
a. Work flow Management
b. Document Management
2.3.4 Database Software and Development Tools:
a. RDBMS
b. Map databases
2.3.5 Business Application Software:
162
Section VI. Technical Requirements
a. Building permission
b. Layout permissions
c. NOCs
2.4
System Management, Administration, and Security Specifications
2.4.0 Monitoring and Management Services
The Vendor / Bidder shall provide monitoring and management services for an agreed
service window during the agreed contractual period from the date of final acceptance
test. The scope of the services for overall Physical and IT infrastructure management
during this period shall include Monitoring, Administration and Management of the
entire Project. The entire stack of monitoring and management services shall include
the following:
§ Server Monitoring, Administration & Management Services
§ Database Administration & Management Services
§ Help Desk Services
§ Storage Administration & Management Services
§ Backup & Restore Services
§ Security Administration Services
2.4.1 Server Monitoring, Administration & Management Services
The activities shall include:
o Configuration of server parameters, operating systems administration and
tuning.
o Operating system administration, including but not limited to management of
users, processes, resource contention, preventive maintenance and
management of upgrades including migration to higher versions and patches
to ensure that the system is properly updated.
o Re-installation in the event of system crash/failures.
o Maintenance of a log of the performance monitoring of servers including but
not limited to monitoring CPU, disk space, memory utilization, I/O utilization
etc.
o Event log analysis generated in all the sub systems including but not limited to
servers, operating systems, databases, applications, messaging, etc. Ensuring
that the logs are backed up and truncated at regular intervals.
o Periodic health check of the systems, troubleshooting problems, analyzing and
implementing rectification measures.
Section VI. Technical Requirements
163
o Ensuring the upkeep of existing systems that would be reused and also
incorporate necessary changes for new applications if any during the tenure of
the contract.
o Troubleshooting issues in the infrastructure, network and application of ITD
to determine the areas where fixes are required and ensuring resolution of the
same.
o Identification, diagnosis and resolution of problem areas pertaining to the
Project infrastructure and application and maintenance of assured SLA levels.
o Implementation and maintenance of standard operating procedures for
maintenance of the infrastructure based on the MA&UD Department,
Government of Andhra Pradesh policies.
o Management of the user names, roles and passwords of all the relevant
subsystems, including, but not limited to servers, applications, devices, etc.
o System administration activities shall include tasks including but not limited
to setting up the servers, executing hardware and software updates when
necessary.
o System administration activities shall include tasks including but not limited
to setting up the servers, other activities shall include:
o Configuring and apportioning storage space
o Setting up of working e-mail accounts and mailing lists
o Management and integration of databases
o Implementing security on the Internet / Intranet
o Performing periodic backup of data and automating reporting tasks
o Executing hardware and software updates when necessary.
2.4.2 Database Administration & Management Services
The activities shall include:
o End-to-end management of database on an ongoing basis to ensure smooth
functioning of the same.
o Management of changes to database schema, disk space, storage, user
roles.
o Conduct code and configuration reviews to provide tuning inputs to the
MA&UD Department, Government of Andhra Pradesh in order to
improve the application performance or resolve bottlenecks if any.
o Performance monitoring and tuning of the databases on a regular basis
including, preventive maintenance of the database as required.
o Management of database upgrade or patch upgrade as and when required
with minimal downtime.
164
Section VI. Technical Requirements
o Regular backups for all databases in accordance with the backup and
archive policies and conduct recovery whenever required with appropriate
permissions.
2.4.3 Storage Administration & Management Services
The activities shall include:
o Installation and configuration of the storage system.
o Management of storage environment to maintain performance at desired
optimum levels.
o Development of storage management policy, configuration and
management of disk array, SAN fabric / switches, NAS, tape library, etc.
o Configuration whenever a new application is hosted on the Servers. This
shall include activities such as management of storage space, volume,
RAID configuration, LUN, zone, security, business continuity volumes,
NAS, performance, etc.
2.4.4 Backup and Restore Services
The activities shall include:
o Backup of operating system, database and application as per stipulated
policies.
o Monitoring and enhancement of the performance of scheduled backups,
schedule regular testing of backups and ensure adherence to related
retention policies.
o Ensuring prompt execution of on-demand backups of volumes, files and
database applications whenever required by MA&UD Department,
Government of Andhra Pradesh or in case of upgrades and configuration
changes to the system.
o Real-time monitoring, log maintenance and reporting of backup status on
a regular basis. Prompt problem resolution in case of failures in the
backup processes.
o Media management including, but not limited to, tagging, crossreferencing, storing, logging, testing, and vaulting in fire proof cabinets.
o Physical security of the media stored in cabinets.
o Ongoing support for file and volume restoration requests.
2.4.5 Security Administration Services
The activities to be carried out under security administration shall include:
Section VI. Technical Requirements
165
o Addressing the ongoing needs of security management including, but not
limited to, monitoring of various devices / tools such as firewall, intrusion
detection, content filtering and blocking, virus protection, and
vulnerability protection through implementation of proper patches and
rules.
o Root domain administration by creating the root and sub-domains and
setting the root level security policies such as authentication mechanisms
(single/multi factor), password policies such as password length, password
complexity, password expiry, account lockout policy, certificate policies,
IPSEC policies etc.
o Maintaining an updated knowledge base of all the published security
vulnerabilities and virus threats for related software and microcode etc.
o Ensuring that patches / workarounds for identified vulnerabilities are
patched / blocked immediately.
o Respond to security breaches or other security incidents
o Provide a well-designed access management system, security of physical
and digital assets, data and network security, backup and recovery etc.
o Maintenance and management of security devices, including, but not
limited to maintaining firewall services to restrict network protocols or
unauthorized access to networks, systems, services, applications or data,
protecting email gateways, firewalls, servers, from viruses.
o Operating system hardening through appropriate configuration and patch
updates.
o Periodic reviews of domain level rights and privileges.
2.4.6 Help Desk Services
The help desk service will serve as a single point of contact for all incidents and
service requests at the MA&UD Department, Government of Andhra Pradesh, IT
Centre. The service will provide a Single Point of Contact (SPOC) and also
escalation / closure of incidents for the MA&UD Department, Government of
Andhra Pradesh. The activities shall include:
o Provide Help Desk facility during agreed service period window for reporting
user department incidents / issues / problems with the IT solution.
o Vendor / Bidder should provide for the Help desk for Warranty maintenance
as each module gets implemented in a phased manner and not provide at the
end of the Handholding process.
o Provide necessary channels for reporting issues to the help desk. The incident
reporting channels could be the following:
o Specific E-Mail account
166
Section VI. Technical Requirements
o Telephone / Toll-free dedicated Phone Numbers/wireless handset
o Portal
o Implement a call logging system in line with the severity levels as per the
SLAs. The Help desk shall log user calls related to DPMS for MA&UD
Department, Government of Andhra Pradesh infrastructure and assign an
incident/ call ID number. Severity shall be assigned to each call as per the
SLAs.
o Creation of knowledge base on frequently asked questions to assist users in
resolving basic issues themselves
o Track each incident / call to resolution
o Provide feedback to callers.
o Analyze the call statistics
o Creation of knowledge base on frequently asked questions to aid users.
o Continuous monitoring of the physical as well as the IT infrastructure of the
Project to ensure availability as per agreed SLAs.
o Monitoring shall be done with the help of monitoring tools and system
logs/counters and therefore the reports and alerts can be auto-generated.
o Escalate the calls, to the appropriate levels, if necessary as per the escalation
matrix agreed between the Vendor / Bidder and the MA&UD Department,
Government of Andhra Pradesh. The escalation matrix shall be developed by
the Vendor / Bidder in discussion with the MA&UD Department, Government
of Andhra Pradesh.
o Coordinate with respective vendors for closure of calls.
o Analyze the incident / call statistics and provide monthly reports including but
not limited to:
o Type of incidents / calls logged
o Incidents / calls resolved
o Incidents / calls open
o The Vendor / Bidder shall provide 24x7x365 Help Desk facility for reporting
issues / problems with the IT infrastructure as well as Non IT components.
The Vendor / Bidder shall provide a service desk facility and set up all
necessary channels for reporting issues to help desk.
2.4.7 Reviews and Reporting
Vendor / Bidder shall submit the reports on a regular basis in a mutually decided
format. The following is only an indicative list of MIS reports that may be submitted
to the State:
o Daily reports
Section VI. Technical Requirements
167
o Summary of issues / complaints logged at the Help Desk
o Summary of resolved, unresolved and escalated issues / complaints
o Summary of resolved, unresolved and escalated issues / complaints to
vendors.
o Log of backup and restoration undertaken.
o Weekly Reports
o Issues / Complaints Analysis report for virus calls, call trend, call history,
etc.
o Summary of systems rebooted.
o Summary of changes undertaken in the Project including major changes
like configuration changes, patch upgrades, database reorganization,
storage reorganization, etc. and minor changes like log truncation, volume
expansion, user creation, user password reset, etc.
o Monthly reports
o Component wise physical as well as IT infrastructure availability and
resource utilization
o Consolidated SLA / (non)-conformance report.
o Log of preventive / scheduled maintenance undertaken
o Log of break-fix maintenance undertaken
o Quarterly Reports
o Consolidated component-wise physical and IT infrastructure availability
and resource utilization.
o Half-yearly Reports
o Security Audit Report
o IT infrastructure Upgrade / Obsolescence Report
o Incident Reporting
o Detection of security vulnerability with the available solutions /
workarounds for fixing.
o Hacker attacks, Virus attacks, unauthorized access, security threats, etc. –
with root cause analysis and plan to fix the problems.
o Software license violations
Key Considerations
Some of the key considerations for designing the DPMS have been covered in the
following:
168
Section VI. Technical Requirements
Scalability
All components of the DPMS must support scalability to provide continuous growth
to meet the future requirements and demands. A scalable system is one that can
handle increasing numbers of Junctions without adversely affecting the response time
and throughput of the system. The DPMS for MA&UD Department, Government of
Andhra Pradesh should support both vertical (the growth of computational power
within one operating environment) and horizontal scalability (leveraging multiple
systems to work together on a common problem in parallel). Modular design of the
DPMS for MA&UD Department, Government of Andhra Pradesh is an excellent
strategy to address growth without major disruptions. A scalable DPMS for MA&UD
Department, Government of Andhra Pradesh shall easily be expanded or upgraded on
demand. Scalability is important because new computing component is constantly
being deployed, either to replace legacy component or to support new missions. It is
expected that the system should be in a position to cater to 3,00,000 applications a
year across the state ( 10 times fscale-up from current context of 31,000).
All the additional hardware & software required i.e. Racks, Storage, Licenses etc
would be procured by the MA&UD Department, Government of Andhra Pradesh.
MA&UD Department, Government of Andhra Pradesh shall be responsible for the
procurement of additional hardware & software at its own cost.
Availability
Vendor / Bidder shall establish and maintain the needed application during the
maintenance period to ensure minimum down time of the application and maximum
availability for the services.
Cloud based
The entire system/subsystem should be cloud based accessible by all the 16 locations
and shall have a mechanism by which each location shall have its uniqueness
maintained but operate on standardized procedures across the state. The cloud base
solution should be having a localization layer that presents the data with the identity
of the location and the core engine shall be common to all.
Interoperability
The entire system/subsystem should be interoperable, in order to support information
flow and integration. Operating systems, database and storage technologies from
several vendors must interact well with each other. These systems should support the
Section VI. Technical Requirements
169
open architecture solutions such as XML, LDAP, SOAP, etc. where information/data
can be ported to any system, whenever desired.
Mobile Applications
The system should enable data to be made public and accessed through third party
Mobile Apps over and above the mobile app developed for the citizen to down load
for the sake of status enquiry, RTI, Grievance submission, payments etc.
Security
The DPMS for MA&UD Department, Government of Andhra Pradesh Project shall
be designed for an end-to-end multi-layer security blanket to protect applications,
services, data and the infrastructure from malicious attacks or theft from external
(through internet) and internal (through intranet) hackers. Using Firewalls and
Intrusion detection systems such attacks and theft should be controlled and well
supported (and implemented) with the security policy. The virus and worms attacks
should be well defended with Gateway level Anti-virus system, along with
workstation level Anti-virus mechanism. DPMS for MA&UD Department,
Government of Andhra Pradesh should be designed to make use of the SSL/VPN
technologies to have secured communication between Applications and its end users.
Furthermore, all the system logs should be properly stored & archived for future
analysis and forensics whenever desired.
Manageability
The DPMS for MA&UD Department, Government of Andhra Pradesh must be
designed in an efficient way to ensure an ease in maintenance. It must facilitate ease
of configuration, ongoing health monitoring, and failure detection that are vital to the
goals of scalability, availability, and security. The DPMS for MA&UD Department,
Government of Andhra Pradesh shall be designed to match the growth of the
environment including IT Infrastructure, Government data & information, etc
Storage
Last but not the least, an assessment of the storage requirement for the entire DPMS
for MA&UD Department, Government of Andhra Pradesh environment should also
be taken into consideration. This would be based on the number of applications, their
database structure, users and transactions volume. Vendor / Bidder should design the
storage solution keeping in mind the relevant requirement and its usage in line with
DPMS for MA&UD Department, Government of Andhra Pradesh’s objective. The
storage system should be scalable enough to handle future requirements. The Vendor
/ Bidder should also adopt detailed System and Data back-up processes and
methodologies, using industry standard tools to provide long term storage and
archival solution.
170
2.5
Section VI. Technical Requirements
Service Specifications
The scope of work across all the services is provided as follows:
Activity
Description
Detailed Functional and
system
study
and
incorporation
of
recommendations of BPR
Verify the detailed Study of existing systems and procedures,
Departmental functional requirements, business processes, user
requirements as provided by the PMU and finalize the baseline
requirement
The systems study needs to be carried out at the Municipal
Corporations and District Head Quarters and at the ULBs for a
comprehensive understanding of the system.
Adoption of the Business process re-engineering
recommendations is required in all aspects of the solution /
product.
The BPR is to be verified and validated for the
i) Building Permission system
ii) Layout permissions
iii) NOC
iv) Land use Certificate
Systems Architecture and Designs of the application software for DPMS including all the
subsystems as specified in the Systems study stage, following
Design
an open architecture so as to meet the functionality. The
solution should be Cloud based adoptable at every Municipal
Corporation, Development Authority and Municipality
Design of the application, database structures, and security
architecture and interfaces.
The vendor should provide the interfacing mechanisms along
with the design constraints
The Architectural views of the solution that present all aspects
Section VI. Technical Requirements
Activity
171
Description
of the solution have to be provided
Security Architecture
Development
Customization
Design of the Security Architecture, preparation and
implementation of a Security Administration Plan for the entire
DPMS with the specified sub-systems
/ Development of the application software or Customization of
the existing product based on the system specifications frozen
during Systems study and as per the Business process
reengineering recommendations
Development of the application software or Customization of
the existing product in a phased manner for each of the
subsystems as specified in Section 2 of this RFP
Phase
1
Solution The Vendor shall deploy the Phase 1 Solution at Pilot post
customization all permissions in the categories of:
Deployment at the Pilot
1. Residential
2. Commercial
3. Non-Residential/Other
Testing
The vendor shall prepare the Acceptance test plan - 1 for each
the permissions for Residential and Commercial
The Vendor shall prepare the ATP-1 documentation at Unit
level, module level and system level testing
The vendor shall prepare the Acceptance testing plan -2, for
each the permissions for industrial, others and NOCs
The Vendor shall prepare the ATP-2 documentation at Unit
level, module level and system level testing
The vendor shall prepare Acceptance plan ATP-3 that is
verified as a part of Go-live at Pilot activity after completing
all permissions (commercial, residential, industrial, NOC etc)
The vendor shall prepare Acceptance plan ATP-4 that is
verified as a part of Go-live at all 4 locations ( Pilot + 3 DHQs)
after completing all permissions (commercial, residential,
industrial, NOC etc)
The vendor shall prepare Final Acceptance plan ATP-5 that is
verified as a part of Go-live at all 12 locations ( Pilot + 3
DHQs) after completing all permissions (commercial,
residential, industrial, NOC etc)
The vendor shall deploy a team of 4 testers across the duration
of testing spread over 6 months at the site to demonstrate the
features, robustness, functionality, security and flexibility of
the solution
Replicate and Phase 1 The vendor shall replicate the same solution at 3 DHQs with
172
Section VI. Technical Requirements
Description
Activity
Deployment
DHQs
in the 3 – test data and subsequently with live data and declare it as
“Phase 1 at DHQ for All types of Residential and
Commercial permissions”.
Vendor to submit a detailed “Solution Deployment plan”
Each DHQ could have a separate plan suggested as mutually
agreed by the vendor and MA&UD
Go-live at Pilot
Post Phase1 Deployment at Pilot, the vendor shall demonstrate
the solution with test data and subsequently with live data and
declare it as “Go-live at Pilot for All types permissions”.
This shall be certified based on ATP-3
Go-Live at the 3 DHQs
Post Go-live at the Pilot, Replicate the solution at all 3 DHQs
and the vendor shall demonstrate the solution with test data and
subsequently with live data and declare it as “Go-live at Pilot
for All types permissions”.
This shall be certified based on ATP-4
Scale-up and Go-live in The vendor shall replicate the same solution at 12 Corporations
the
remaining
12 with test data and subsequently with live data and declare it as
“Go-live at All Corporations for All types of Residential
Corporations
and Commercial permissions”.
Vendor to submit a detailed “Go-live” plan
Each Corporation could go live separately as per the Go-live
plan suggested by the vendor
Go-live for the 12 corporations shall be certified based on
ATP-5
Implementation
Handholding support
Parallel runs
/ The vendor shall deploy the application software at all
/ locations in a phased manner as per the proposed project plan
and extend implementation support for demonstrating the set
outcomes.
Implementation support means providing both technical
support and data migration support as the product is being
customized / deploying a developed product, to see to it that
the outcomes are demonstrated be it in the form of
b. Solution feature demonstration
c. MIS Report generation
d. Query handling for various departments
e. Document management
f. File tracking
g. Flexibility in adopting policy changes
h. Load balancing, response times
Section VI. Technical Requirements
Activity
173
Description
i.
Performance issues on connectivity and
hardware availability
Implementation support needs to be supported by at least a
dedicated team of 4 members during this phase at each location
until all Building permissions are comprehensively tested and
accepted and the Full blown system is operational at every
location.
The implementation support for Stage 2 would be for 3 months
with 4 member team.
Followed by 4 X 4 ( Pilot + 3 DHQs) = 16 member team for
Next 3 months
Followed by 4 x 16 = 64 member team for the next 6 months
by when all the 16 locations are fully “Go-Live” situation
with all Building Permissions
Vendor shall move to Operational support only after the 16
locations are certified for GO-Live. The implementation
teams are responsible for making the 16 locations go-live
within the time scales specified. Any excess / slippage is to
be borne by the Vendor.
Operational Support
The vendor shall provide operational support and maintenance
service for period of two years from the ‘Go-Live of all 13
locations’ date of the DPMS for overall system stabilization,
application maintenance, system administration, database
administration and end-user problem resolution. This includes
provides required technical and operational manpower to at all
the 13 locations, for the purpose of report generation, data
capture, data management, workflow management, document
management etc.
The technical team that operates from the Director of Town
Planning, Government of Andhra Pradesh office needs to be
staffed by a 15 member technical team. The Technical team is
responsible for maintaining the data, process integrity,
modifications, enhancements, bug fixing and ensuring
continuity of business without any technical failure and near
zero down time.
The operational staff required would be 32 members with the
following location break-up
4 members at each of the 16 locations
174
Section VI. Technical Requirements
Activity
Description
Maintenance
The vendor shall carry out all changes in functionality on
account of changes in applicable legislations / statutes, Rules
and notifications (Government Orders and Regulatory changes
time-to-time) resulting in modification to the baseline
requirements for a period of Three years, subsequent to the 2
year parallel run and operations support which is provided
from the sign off of the DPMS. The changes include all
modification or alterations, which may require the changes to
the systems design of the application software.
The technical maintenance shall be done by a support team of 6
technology members at the DT&CP, Hyderabad, Government
of A.P. and 1 technical person at each Region ( 4 nos)
supported by a Help Desk of a team of 4 from operating
remotely from the DT&CP, Hyderabad, Government of A.P.
During the Operations period and Maintenance period, the Upgradation of the application software for various third party
tools and system software (such as OS version change,
AutoCAD version change, etc) and making them version
compatible needs to be done periodically.
At the end of 2 years of maintenance the vendor needs to
submit a Status report on Technology obsolescence. The
Vendor should also provide the Road map for technology
transition to be adopted in the next one year before the
completion of the warranty period. MA&UD Department,
Government of Andhra Pradesh can choose to go for an open
tender for the selection of a new vendor for revamping the
existing system due to technology obsolescence. However,
MA&UD Department, Government of Andhra Pradesh gives
the First Right of Refusal to the selected vendor to offer the
services at mutually agreeable commercial and technical terms
of engagement.
Warranty
The vendor warrants that the systems supplied to MA&UD
Department, Government of Andhra Pradesh shall have no
defects arising from design or workmanship or any act or
omission of the vendor.
The warranty shall remain in valid for period of Two (2) years
from the date of audit, acceptance and sign off of the DPMS
and shall be effective and provided along with operational
support.
The Warranty support is extended by the Technical team of the
agency.
Section VI. Technical Requirements
175
Activity
Description
Data Migration
Data migration from manual and legacy system to the DPMS
with reasonably error free conversion including preparation of
data and uploading. The Data migration to be preceded by an
appropriate data migration strategy
Data preparation, data validation, data integration and
interfacing would be a part of the implementation phase.
Vendor is required to assess the data migration and legacy data
conversion and integration requirements and provide the
required support to perform the required task
Comprehensive
Training
Solution For each module installed, the vendor is required to train the
designated Department’s technical and end-user staff to enable
them to effectively operate the total system.
The vendor shall also be responsible for re-training the
operators whenever changes are made in the software.
Training shall be provided for 2 batches on the solution for
duration of 2 weeks on every module for a batch of 20
members. Training is to be assuming zero prior knowledge in
computing. Training should focus on computer usage,
application usage, Processes and Technical aspects. Detailed
training requirements are specified for each phase in the
previous section.
Refresher training is conducted once for a select batch of 10
members who need further training during the operations
support phase.
Documentation
Preparation of documents including that of BPR, Systems
requirement Specification, Detailed Design, User Manuals,
Operational Manual, Maintenance Manuals, etc. as per
acceptable standards.
Infrastructure
Requirements study
Study of existing infrastructure (hardware, systems software
and networking infrastructure) available at Director Town and
Country Planning, Government of Andhra Pradesh and all 13
locations is to be conducted. Analyze and recommend the
requirements of the infrastructure with specifications needed
for successful implementation of DPM System. The
recommendations to include a detailed Bill of Materials.
It is the responsibility of the Vendor to suggest standard
hardware, system software that is compliant to open standards
and non-proprietary products which limit the choice of
selection. MA&UD Department, Government of Andhra
Pradesh would not accept any recommendations that make it
mandatory to buy a specific brand of a product or a specific
solution.
SLA adherence
The vendor during Implementation support, Operational
support, Warranty support, Maintenance support period is
176
Section VI. Technical Requirements
Activity
Description
bound by Service Level Agreements. Details of the SLA are
given in section 4 of the document.
The current scope of work for the project is restricted to the following:
Building Permissions and Layout Permissions : 10 months
Stage 1 ( 30 days) :
a. Verify the Standardized Business processes for a state–wide solution deployment.
Adoption of BPR recommendations and functional specifications and arrive at
replicable standard process for all 13 corporations and DHQs based on the BPR
by the PMU. Identification of the processes that need to be customized in the
product or existing solution
Stage 2 ( Pilot in one Corporation – 3 months):
a. Enable the solution in one corporation with specific focus on a certain set of predefined development permissions restricted to Building permissions of
a. Residential
b. Commercial
b. Technical training of two batches to a team of 20 members per batch at the Pilot
for a period of 2 weeks
Stage 3 ( Replicate the same in 3 district head quarters – 3 months)
a. Enable the solution at Pilot in the 3 District Head quarters
b. Enhance the building permissions in Pilot Corporation to other permissions such
as
a. Industrial
b. NOCs
c. Land Use Certificate.
d. Layout permissions
c. Technical training of two batches to a team of 20 members per batch at the 3
DHQs for a period of 2 weeks ( 2 X 20 X 3 = 120 )
Stage 4 ( Replicate the same in 12 Corporations – 4 months)
a. Replicate the total solution of Phase 3 of the Pilot across the 3 DHQs
b. Technical training of two batches to a team of 20 members per batch at the 12
DHQs for a period of 2 weeks ( 2 X 20 X 12 = 480 )
Training of Operating Personnel
The scope of work envisages that the Bidder shall undertake to train the staff
nominated by Purchaser in different aspects of solution design, functioning, field
Section VI. Technical Requirements
177
installation, testing, commissioning, system management, operation & administration,
maintenance and repair.
The Vendor / Bidder shall at every stage of installation; testing and commissioning
provide all facilities for adequate training of personnel who may be deputed to work
on the project.
The system Administration and Maintenance Training program, at the user’s location,
will be structured so as to train the personnel deputed for the purpose.
Vendor / Bidder shall provide complete details on the training programs to be offered
including:
a. Topics to be covered
b. Number of hours of training per operator or technician for each specific
course
c. Supporting documentation to be provided
The overall training requirements are as follows:
Stage 2 ( Pilot in one Corporation – 3 months):
Technical training of two batches to a team of 20 members per batch at the Pilot for a
period of 2 weeks
Stage 3 ( Replicate the same in 3 district head quarters – 3 months)
Technical training of two batches to a team of 20 members per batch at the 3 DHQs
for a period of 2 weeks ( 2 X 20 X 3 = 120 )
Stage 4 ( Replicate the same in 12 Corporations – 4 months)
Technical training of two batches to a team of 20 members per batch at the 12 DHQs
for a period of 2 weeks ( 2 X 20 X 12 = 480 )
Purchaser shall provide the following for the conduct of the Training programs
1. Training room with all furniture and fixtures that enables proper training
at the municipality or any other location at its cost
2. 20 Desktops for training the staff
3. Projection equipment
4. Lunch and Snacks for full day programs
5. Copies of the material for all the participants
Vendor / Bidder shall provide the following for the conduct of the Training programs
1. Qualified Trainers ( 1 per program)
2. Support Instructors ( 2 per program)
3. Training Material Master Copy ( One set printed + 1 CD)
178
Section VI. Technical Requirements
4. Work Book with examples for each Permission ( Master copy, 1 set
printed + 1 CD)
5. Accommodation of the Trainer shall be the responsibility of the Vendor
2.6
Documentation Requirements
Provide documentation, which follows the ITIL (Information Technology
Infrastructure Library) standards or IEEE/ISO Acceptable Documentation Standards.
This documentation should be submitted as the project undergoes various stages of
implementation and provide all traceability documentation on changes done on the IT
components during the course of the implementation of the solution.
Indicative list of documents include:
a.
Project Commencement: Project Plan in MS Project giving out micro level
activities with milestones & deadlines
b.
Training: Training Material will be provided which will include the
presentations used for trainings and also the required relevant documents for
the topics being covered.
c.
Product / solution Documentation: The bidder shall be responsible for
providing all the required documentation from Functional Specs, BPR
adoption documentation, Design docs, Code dumps, User manuals,
Installation manuals related to the software solution of each and every
component of the Project. The prepared process document shall be formally
signed off by MA&UD Department, Government of Andhra Pradesh before
completion of final acceptance test.
d.
Process Documentation: The bidder shall be responsible for preparing
process documentation related to the operation and maintenance of each and
every component of the Project. The prepared process document shall be
formally signed off by MA&UD Department, Government of Andhra Pradesh
before completion of final acceptance test.
e.
The selected bidder shall document all the installation and commissioning
procedures and provide the same to the MA&UD Department, Government of
Andhra Pradesh within one week of the commissioning of the sub-system /
system.
f.
Procedures for configuring of switches, routers, etc shall be provided by the
selected bidder.
g.
The selected bidder shall be responsible for documenting configuration of all
devices and keeping back up of all configuration files, so as to enable quick
recovery in case of failure of devices.
Section VI. Technical Requirements
2.7
Consumables and Other Recurrent Cost Items – Not applicable
2.8
Other Non-IT Goods – Not applicable
179
D. TESTING AND QUALITY ASSURANCE REQUIREMENTS
3.1
Inspections
3.1.1 Factory Inspections: Not applicable
3.1.2 Inspections following delivery: Not applicable
3.2
Pre-commissioning Tests
3.2.0 Solution Phase
The broad scope of work during this phase will include the following, but is not
limited to:
·
Perform a comprehensive study on the adoption of the BPR recommendations
and the road map for the implementation of the same
·
Design of DPMS system with the required solution for the sub-systems
identified
·
Demonstrate the solution in a phased manner as per the phasing plan given by
the MA&UD Department Government of Andhra Pradesh.
·
Providing the specifications of the required hardware, system software,
networking that is required for the solution
·
Provide specifications for any changes in the site preparation if required for
the IT center
·
Providing the required training for the staff of the department to operate the
solution.
·
Providing specifications for Networking & Security Infrastructure and other
associated IT Components.
·
Help desk and other monitoring and management services.
·
Provide specifications and estimates for Physical infrastructure components
such as UPS and Air-Conditioning System, Diesel Generator Units, Power,
and Network Cabling etc.
·
Provide comprehensive specifications for IT Infrastructure components such
as Servers, Databases, System Software, Networking & Security components,
Storage Solution, Software and other IT components required for the Project.
(The specifications provided should be Non-proprietary)
180
Section VI. Technical Requirements
·
All documentation generated inclusive of IT architecture, functional
specifications, design and user manuals of the IT solution and documentation
of non-IT components (if any) during design, installation and commissioning
phase shall always be made available to MA&UD Department, Government
of Andhra Pradesh.
3.2.1
Acceptance Testing and Commissioning Phase
h. The MA&UD Department, Government of Andhra Pradesh or its appointed
representative (PMU) shall review the detailed acceptance test plan
(Acceptance Testing Plan 1 and Acceptance Plan 2 also called the Final
acceptance Plan).
i.
Acceptance testing is done in 5 phases.
j.
ATP -1 Pilot Phase 1 deployment
k.
ATP-2 Pilot Complete solution deployment
l.
ATP-3 Pilot “Go-live” Testing
m. ATP-4 DHQ “Go-live” Testing
n.
ATP- 5 All 12 Corporations “Go-live” Testing
o.
Certification by the appointed representative (PMU) shall be the pre-requisite
for making the payments by MA&UD Department, Government of Andhra
Pradesh towards the solution. The Final Acceptance ( ATP-5) shall be for
declaring the system as “Go-live” and for defining the Commissioning date
from where on the implementation support is withdrawn and operations
support is initiated
p.
Acceptance testing shall be carried out iteratively before the commencement
of Live Operations. Multiple scenario testing of the IT Solution as per the
Acceptance Test procedures mutually defined.
o The Director of Town and Country Planning, Government of Andhra Pradesh
or its representative would also conduct audit of the process, plan and results
of the Acceptance Test carried out by the Vendor. The Director of Town and
Country Planning, Government of Andhra Pradesh or its representative would
issue certification of completion for which Director of Town and Country
Planning, Government of Andhra Pradesh or its representative shall verify
availability of all the defined services as per the contract signed between the
Vendor / Bidder and Director of Town and Country Planning, Government of
Andhra Pradesh. The Vendor / Bidder shall be required to demonstrate all the
services / features / functionalities as mentioned in the agreement.
o All acceptance testing, project review and monitoring shall be enabled
through a third party certification nominated by MA&UD Department,
Section VI. Technical Requirements
181
Government of Andhra Pradesh prior to certification by MA&UD
Department, Government of Andhra Pradesh.
3.3
Final Acceptance Testing Phase
The final acceptance shall cover 100% of the Project, after successful testing by the
MA&UD Department, Government of Andhra Pradesh or its third party monitoring
agency (PMU); a Final Acceptance Test Certificate (FAT) shall be issued by the
MA&UD Department, Government of Andhra Pradesh to the Vendor / Bidder. The
date on which Final FAT certificate is issued shall be deemed to be the date of
successful commissioning of the DPMS Project and shall be declared as the “Date of
Commissioning”, which shall be considered for all subsequent activities such as
operational support, maintenance support, Warranty support.
Prerequisite for Carrying out FAT activity:
o Detailed test plan ATP-5 shall be submitted by Vendor / Bidder before FAT
activity to be carried out.
o All documentation related to Project and relevant acceptance test document
should be completed & submitted before the final acceptance test to the
MA&UD Department, Government of Andhra Pradesh.
o Data to be migrated into production servers
o Successful DEPLOYMENT of Application software with live data.
o The training requirements as mentioned should be completed before the final
acceptance test.( followed by refresher programs during operational support
etc)
o The Vendor / Bidder shall be responsible for the security audit of the network
to be carried out by a certified agency other than the successful bidder.
o Any delay by the Vendor / Bidder in the Final Acceptance Testing shall
render the Bidder liable to the imposition of appropriate Penalties. In the event
the Vendor / Bidder is not able to complete the installation due to their
dependencies on MA&UD Department, Government of Andhra Pradesh
towards infrastructure the Vendor / Bidder and MA&UD Department,
Government of Andhra Pradesh may mutually agree to redefine the
dependencies and complete installation and conduct the Final Acceptance Test
within the mutually agreed upon time.
E. IMPLEMENTATION SCHEDULE
182
Section VI. Technical Requirements
Activity
Time scale
Start of Project
T
Submission of detailed project Plan
T + 2 Weeks
Detailed Functional and system study and incorporation of T + 4 Weeks
recommendations of BPR – Stage 1
Systems Architecture and Design
T + 6 Weeks
Security Architecture
T + 6 Weeks
Development / Customization for Stage 2
T + 10 Weeks
Stage 2 Solution Deployment at the Pilot
Modules
1.Residential
2. Commercial
T + 12 Weeks
Data Migration and Testing – ATP 1
T + 13 Weeks
Deploy the remaining modules in Stage 2
Modules
3. Industrial
4. NOC
5. Other Permissions
6. Layout Permissions
Data Migration and Testing – ATP 2
T + 20 Weeks
Replicate as Stage 3 Deployment in the 3 –DHQs
T + 27 Weeks
T + 21 Weeks
Modules
1.Residential
2. Commercial
3. Industrial
4. NOC
5. Other Permissions
6. Layout Permissions
Data Migration and Testing – ATP 3
T + 28 Weeks
Go-live at Pilot
T + 29 Weeks
Data Migration and Testing ATP- 4
T + 29 Weeks
Section VI. Technical Requirements
183
Activity
Time scale
Go-Live at the 3 DHQs
T + 30 Weeks
Scale-up Stage 4 in 12 Locations with all modules
T + 42 Weeks
Data Migration and Testing ATP -5
T + 44 Weeks
Go Live at 12 Locations
T + 45 Weeks
FAT
T + 45 Weeks
( say T1)
Warranty Maintenance
T1 + 104 Weeks
( Say T2)
Operational Support
T1 + 104 Weeks
( Say T2)
Maintenance Support
T2 + 156 Weeks
List of Deliverables
The Vendor / Bidder is required to provide the following deliverables at each stage of the
project execution. The Payments are linked to the deliverables.
S.No Milestone
Deliverables
Signing of Contract
·
·
Performance bond/ Bank guarantee
Project schedule (Macro and Micro plans)
I
Functional
Systems Study
& ·
·
·
·
·
·
·
·
·
Software Project Management Plan
BPR document
Software Requirement specifications (SRS) document
Software Test Plan
Manpower deployment plan
Hardware Requirement document
Training Plan
Go-Live Plan
Solution Prototype
II
Demonstration
Phase 1 Pilot
of ·
Design Documentation (IT Architecture diagrams,
database design diagrams, UI screen layouts etc)
Solution deployment diagram
Networking infrastructure diagram
Configuration Management Plan
·
·
·
184
Section VI. Technical Requirements
S.No Milestone
III
Go-live
Deliverables
·
·
·
·
·
·
·
VI
Final
Acceptance
Test – Total system
acceptance test
Training for the staff
on various modules
Help
Desk
for
Technical
and
Implementation
support
·
·
·
·
·
·
·
·
Implementation Plan
Data Migration Plan
Training Plan
Coding standards
DPMS Application demo
Design Documentation (IT Architecture diagrams,
database design diagrams, UI screen layouts etc)
Application Demo
Test Reports (Module test, Integration test and
performance test)
User Acceptance Test Reports
Acceptance certificate
Training manual
Application Installation Manual
Application User Manual
O&M plan
Source code
Section VI. Technical Requirements
185
Site Table
Site
Code
Site
City / Town /
Region
DHQ 1
District Headquarters
Tirupati
DHQ 2
District Headquarters
Vizag
DHQ 3
District Headquarters
R1.1
Municipal Corporation
R1.2
Municipal Corporation
R1.3
Municipal Corporation
R1.4
Municipal Corporation
R1.5
Municipal Corporation
R1.6
Municipal Corporation
R1.7
Municipal Corporation
R1.8
Municipal Corporation
R1.9
Municipal Corporation
R1.10
Municipal Corporation
R1.11
Municipal Corporation
R1.12
Municipal Corporation
R1.13
Municipal Corporation
Primary Street Address
186
Section VI. Technical Requirements
F. Required Format of Technical Bids
5.1
Description of Information Technologies, Materials, Other Goods, and Services
5.1.0 The Bidder must provide detailed descriptions of the essential technical,
performance, or other relevant characteristics of all key Information
Technologies, Materials, other Goods, and Services offered in the bid (e.g.,
version, release, and model numbers). Without providing sufficient clear
detail, Bidders run the risk of their bids being declared non-responsive.
5.1.1 To assist in the bid evaluation, the detailed descriptions should be organized
and cross referenced in the same manner as the Bidder’s item-by-item
commentary on the Technical Requirements described in Section 5.2 below.
All information provided by cross reference must, at a minimum, include clear
titles and page numbers.
5.2
Item-by-Item Commentary on the Technical Requirements
5.2.0 The Bidder must provide an item-by-item commentary on the Purchaser’s
Technical Requirements, demonstrating the substantial responsiveness of the
overall design of the System and the individual Information Technologies,
Goods, and Services offered to those Requirements, see ITB Clause 16.2 (b)
(ITB Clause 14.2 (b) in the two-stage SBD).
5.2.1 In demonstrating the responsiveness of its bid, the Bidder is strongly urged to
use the Technical Responsiveness Checklist provided in Section G of the
Technical Requirements. Failure to do so, increases significantly the risk that
the Bidder’s Technical Bid will be declared technically non-responsive.
Among other things, the checklist should contain explicit cross references to
the relevant pages in the Bidder’s Technical Bid.
5.3
Preliminary Project Plan
5.3.0 The Bidder must prepare a Preliminary Project Plan describing, among other
things, the methods and human and material resources that the Bidder
proposes to employ in the design, management, coordination, and execution
of all its responsibilities, if awarded the Contract, as well as the estimated
duration and completion date for each major activity. The Preliminary Project
Plan must also address the topics and points of emphasis specified in
“SCC Clause 19. The Preliminary Project Plan should also state the Bidder’s
assessment of the major responsibilities of the Purchaser and any other
involved third parties in System supply and installation, as well as the
Bidder’s proposed means for coordinating activities by each of the involved
parties to avoid delays or interference.
5.3.1 In addition to the topics and points of emphasis, the Preliminary Project Plan
MUST address
a. Resource deployment
b. Failure recovery
c. Review process
d. Escalations on deviations
Section VI. Technical Requirements
187
e. Training schedules to be in the overall plan
f. Testing schedules per module and per ATP
g. Data Migration schedules per Module
5.4
Confirmation of Responsibility for Integration and Interoperability of
Information Technologies
5.4.0 The Bidder must submit a written confirmation that, if awarded the Contract,
it shall accept responsibility for successful integration and interoperability of
all the proposed Information Technologies included in the System, as further
specified in the Bidding Document.
188
Section VI. Technical Requirements
G. TECHNICAL RESPONSIVENESS CHECKLIST
Note on Preparation of the Checklist for Purchasers: The following is a sample format that is
designed to help Bidders quickly understand:
(a)
the Technical Specification given in the Technical Requirements;
(b)
whether each Requirement is mandatory or only “preferred”; and
(c)
to ensure that each Bidder includes along with a specific response to the Purchaser, a
cross reference to the supporting information provided elsewhere in its Technical
Bid.
It is important that the tables be prepared carefully and completely, with accurate references to the
relevant section and paragraph numbers in the Technical Requirements so that Bidders will be more
likely to submit complete information, particularly regarding the mandatory and scored
Requirements. In preparing each Checklist entry, Purchasers should start with an abbreviated text of
each Requirement so that Bidders can quickly confirm that they are responding to the right
Requirement. Inconsistencies between the Checklist and the referenced section in the Technical
Requirements should be avoided. Giving Bidders a revisable, “electronic” version of the Checklist as
part of the Bidding Document will enhance the completeness of bids.
Section VI. Technical Requirements
189
Technical Responsiveness Checklist
Note to Bidders: The following Checklist is provided to help the Bidder organize and
consistently present its Technical Bid. For each of the following Technical Requirements,
the Bidder must describe how its Technical Bid responds to each Requirement. In addition,
the Bidder must provide cross references to the relevant supporting information, if any,
included in the bid. The cross reference should identify the relevant document(s), page
number(s), and paragraph(s). The Technical Responsiveness Checklist does not supersede
the rest of the Technical Requirements (or any other part of the Bidding Documents). If a
requirement is not mentioned in the Checklist, that does not relieve the Bidder from the
responsibility of including supporting evidence of compliance with that other requirement in
its Technical Bid. One- or two-word responses (e.g. “Yes,” “No,” “Will comply,” etc.) are
normally not sufficient to confirm technical responsiveness with Technical Requirements.
Tech. Require. No. 1
Technical Requirement:
Mandatory
Cloud based solution
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 2
Technical Requirement:
Mandatory
Mobile Applications
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 3
Technical Requirement:
DPMS to Capture DCR and apply to
any ULB as per configuration
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Mandatory
190
Section VI. Technical Requirements
Tech. Require. No. 4
Technical Requirement:
Preferred
DPMS to support various formats of
drawings
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 5
Technical Requirement:
Mandatory
DPMS to support CAD drawing
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 6
Technical Requirement:
Mandatory
SMS alerts
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 7
Technical Requirement:
Mandatory
Payment Gateway integration
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 8
Technical Requirement:
Workflow Management
Bidder’s technical reasons supporting compliance:
Mandatory
Section VI. Technical Requirements
191
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No. 9
Technical Requirement:
Mandatory
File Tracking and document
management
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No.
10
Technical Requirement:
Mandatory
DPMS to support capture of field
inspection data on Hand Held / Tab
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No.
11
Technical Requirement:
Mandatory
Interfacing with Master Plans – GIS
interfacing
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Tech. Require. No.
12
Technical Requirement:
Integration into MUAD Portal
Bidder’s technical reasons supporting compliance:
Bidder’s cross references to supporting information in Technical Bid:
Mandatory
192
Section VI. Technical Requirements
H. ATTACHMENTS
Attachment 1. Evaluation Criteria
Attachment 2. Service Level Agreement (SLA)
Attachment 3. List of Municipalities
Attachment 4. Abbreviations and Definitions
Attachment 5. The Purchaser’s Project and Corporate Management Structure
Section VI. Technical Requirements
193
ANNEXURE 1
Each Technical bid will be evaluated according to the following criteria, but not
limited to:
1. The quality, responsiveness, responsibility, ease of use, reliability and
comprehensiveness of the proposed technologies, adherence to IT Architecture Plans,
Information Systems Security Policy, other strategic dimensions and services
incorporated in the proposed solution.
2. Bidder’s understanding of Purchaser’s requirements as reflected in the approach
presented by the Bidder of the solution offered and technology related issues.
3. The evaluation will measure if the Bidder’s proposed solution meets Purchaser’s
service needs as outlined in the RFP. Site Inspections and Management Interviews, if
requested by department, will be factored into the evaluation.
4. The evaluation will be made based on Bidder’s responses to all RFP requirements
including, but not limited to, data from the Bidder’s Proposal, questions and answers,
Bidder qualifications, expertise and relevant experience.
5. Bidder’s demonstrated ability to make available the key personnel at the time of
contracting and post those key personnel on the project thereafter.
6. The Bidder’s expertise in managing complex integrated systems and services and
implementing and maintaining proven state-of-the-art technologies.
7. Bidder’s ability to provide the needed support (installation support, operational
support, Warranty, Help desk, maintenance, training etc.), references confirming past
success in similar projects, use of appropriate technologies and products, ability to
provide integrated software solution etc.
8. The Bidder’s Design, Development and Implementation Plan, its deployment of sound
project management strategy and its allocation of sufficient resources to address all
aspects of its proposed solution will also be evaluated.
·
The technical evaluation is done in two parts
a. Technical Evaluation based on RFP submitted ( Solution Architecture,
Approach, Technology components, Project Management, Training,
Implementation, Risk, SLA monitoring, other experiences etc)
194
Section VI. Technical Requirements
The evaluation will be done on the basis of the technical evaluation criteria provided in
this RFP. The bidders satisfying the minimum technical qualification criterion of 60
marks out of 100 marks shall be qualified for evaluation of their financial bid. Also in
case of any ambiguous information in bidder, the Tender Evaluation Committee will be
requiring additional information from such bidders clarifying these parameters, which will
be considered for the purpose of evaluation and awarding scores.
Technical Evaluation Criteria
Categories
1.
Weight
Features within each
Weight
for
category
Category
for feature
Past 0.15
Experiences
and
Organization
al Strength
a)
0.40
of the Bidder
b) Overall Technical
Experience of working in
Application Development /
Product
implementation
Projects for any Local Bodies
Capability (TC)
c) Specific Experience of the Bidder in
Integrated Turnkey Projects for
Government
d)
Experience of working in Multi
Location
System Integration
Projects for Government
0.30
0.10
Section VI. Technical Requirements
2. Product
0.40
195
a) Au t o P er mis s i o ns
0.40
b) Workflow Management
0.20
c) F ile T r a c kin g
0.20
Capability
d) Document Management
0.20
3.
Approach & 0.15
Methodolog y
a) Understanding of
0.10
Requirements (UR)
b) Adequacy of the proposed Approach & 0.20
Methodology (AM)
And Interdependencies
c) Approach &
Methodology for Warranty and Post
warranty services
d) Work Plan (WP)
0.30
0.10
e) Data Migration and
Entry
Requirements
0.30
196
Section VI. Technical Requirements
4.
Solution 0.20
Architecture
a)
Understanding of Integration 0.30
requirements
with
existing
departmental systems, Mee-Seva and
also with CFMS
b)
Innovative and additional features not
mentioned in the requirements
0.10
c) Mobile and
Handheld features
0.40
d) GIS Features and
0.20
Integration
5.
Proposed 0.10
Staff
Qualification
s
and
Competence
a) Adequacy of Team
0.15
Structure (TS)
b) Project Manager(PM) Overall
c) Technical
0.20
Subject
Matter Expert (SM)
d) Solution
Architect
(AR)
e) Database
Expert
0.15
(DE)
f) IT
0.20
Infrastructure
Expert
0.10
Evaluation of Technical Bid
The evaluation process of the tender, proposed to be adopted by the MA&UD Department,
Government of Andhra Pradesh is indicated under this clause. The purpose of this clause is
only to provide the Bidders an idea of the evaluation process that the MA&UD Department,
Government of Andhra Pradesh may adopt. However, the MA&UD Department,
Government of Andhra Pradesh reserves the right to modify the evaluation process at any
time during the Tender process, without assigning any reason, whatsoever and without any
requirement of intimating the Bidders of any such change.
o Firstly the pre qualified bidders’ technical bid document will be evaluated as
per the requirements specified in the RFP and adopting the evaluation criteria
spelt out in the pre-qualification.
o The technical evaluation is done as follows
Section VI. Technical Requirements
197
b. Technical Evaluation based on RFP submitted ( Solution Architecture,
Approach, Technology components, Project Management, Training,
Implementation, Risk, SLA monitoring, other experiences etc)
o All the bidders who secure a Technical Score of 60 (60%) or more will be
declared as technically qualified. The commercial bids of only the
technically qualified bidders will be opened for further processing. It is,
however, clarified that, subject to other provisions of this Document, every
bidder will have to fulfill the minimum technical specifications for being
qualified technically.
o In order to assist in the examination, evaluation and comparison of Bids, the
MA&UD Department, Government of Andhra Pradesh may at its discretion
ask the Bidder for a clarification regarding its Bid. The clarification shall be
given in writing immediately, but no change in the price shall be sought,
offered or permitted. However, while giving a clarification, a Bidder may
offer a higher specification or model without any impact on Financial Bid to
be opened subsequently.
o The MA&UD Department, Government of Andhra Pradesh may waive any
informality or non-conformity or irregularity in a bid which does not
constitute a material deviation , provided such waiver does not prejudice or
affect the relative ranking of any Bidder
Opening and Comparison of Financial Bids
The Financial Bids will be opened, in the presence of Bidders’ representatives who
choose to attend the Financial Bid opening on date and time to be communicated to
all the technically qualified Bidders. The Bidder’s representatives who are present
shall sign a register evidencing their attendance. The name of Bidder, Bid Prices,
Discount, etc. will be announced at the meeting.
The commercial evaluation would be based on the cost of the services provided by
the bidder in the commercial bid. The evaluation will be done taking the following
components in to consideration.
Total evaluated bid value = X+Y+Z+L
Where,
X
= Application software Cost
198
Section VI. Technical Requirements
Y
= System software, Licenses, Tools etc
Z
= Training Cost
L
= Total Services cost (Implementation support prior to GoLive+ Testing Support for ATP 1 thru ATP 5 + Operation Support for
2 years + Maintenance support for 3 years including help desk)
The commercial scores will be calculated as
Fn = Fmin / Fb * 100
Where
Fn = Normalized financial score of the bidder under consideration
Fb = Evaluated cost for the bidder under consideration
Fmin = Minimum evaluated cost for any bidder
Evaluation of Bid - Final Evaluation
The overall score will be calculated as follows:Bn = 0.70 * Tn + 0.30* Fn
Where
Bn = overall score of bidder under consideration
Tn = Technical score for the bidder under consideration
Fn = Normalized financial score of the bidder under consideration
The bidder with the highest marks is the L1 bidder.
Section VI. Technical Requirements
199
Annexure 2
This SLA document provides for minimum level of services required as per contractual
obligations based on performance indicators and measurements thereof. The Vendor /
Bidder shall ensure provisioning of all required services while monitoring the
performance of the same to effectively comply with the performance levels. The
services provided by the Vendor / Bidder shall be reviewed by the MA&UD
Department, Government of Andhra Pradesh that shall:
·
Regularly check performance of the Vendor / Bidder against this SLA.
·
Discuss escalated problems, new issues and matters still outstanding for resolution.
·
Review of statistics related to rectification of outstanding faults and agreed
changes.
·
Obtain suggestions for changes to improve the service levels.
The SLAs have been logically segregated in the following categories:
1. Implementation and Handholding Service levels
2. Help Desk Services
3. Compliance and Reporting Service Levels
4. Operations Support Service levels
5. Application Monitoring Service Levels
6. Security & Incident Management Service Levels
7. Manpower SLAs
Implementation service levels
Table 1: Implementation Service Levels
Service Category
Target
System Integration
45
weeks
from
the
date
of
Signing of
the Contract.
Services
for Final
Acceptance
Testing to “Go-live”
across 16 locations
Severity
Critical
Penalty
A Penalty as 1% per week for first two
weeks, 2% per week for every subsequent
week. Subject to a maximum of 10%.
Penalty will be computed on Project
Application software value of contract.
200
Section VI. Technical Requirements
Help Desk Services
Time in which a complaint / query is resolved after it has been responded to by the IT
service management.
Table 2: Help Desk Services related SLA
S.No.
1.
Type of Incident
Resolution Time
Critical
For
critical
the
resolution time shall be
mutually agreed by the
MA&UD Department,
Government of Andhra
Pradesh and the Vendor
/ Bidder at the time of
award of contract.
T shall be the agreed
resolution time.
T
No Penalty
T1 = T + 2 days
0.05% of the QGR for
every unresolved call
T2 = T1 + 2 days
1% of the QGR for every
unresolved call
Medium
1 day from the time No Penalty
of incident logged at
the help desk
2% of the QGR for every
unresolved call
> T2
> 1 day and < =2 0.05% of the QGR for every
days
unresolved call
2.
1% of the QGR for every
unresolved call
> 2 days
3.
Penalty
Low
<= 2 days from time No Penalty
of response logged.
> 2 days and < = 4 0.01% of the QGR for every
days
unresolved call
> 4 days
0.05% of the QGR for every
unresolved call
Compliance & Reporting procedures SLAs
Table 3: Compliances & Reporting procedure SLAs
S.No.
Measurement
Definition
Target
Penalty
Section VI. Technical Requirements
S.No.
201
Measurement
Definition
Target
Penalty
Submission of
The Vendor /
Bidder
shall
submit the MIS
reports
as
requested by the
MA&UD
Department,
Government of
Andhra Pradesh
Report for the
previous month
shall
be
submitted by the
7th of the next
month. Penalty
shall be levied
only after the
10th of the month
of submission.
1 % of the QGR for
every 1 day of delay
in submission on an
incremental basis to a
maximum of 5 %.
MIS Reports
1.
Operating Support SLAs
Table 4: Operating Support SLAs
S.No.
1.
Measurement
Definition
Target
Availability of The Vendor /
the
Support Bidder
shall
executive
submit
the
certified
availability report
requested
Penalty
Report for the
previous
month
shall be submitted
by the 7th of the
next
month.
Penalty shall be
by the MA&UD levied only after
the 10th of the
Department,
of
Government of month
submission.
Andhra Pradesh
1 % of the QGR for
every 1 day of delay
in submission on an
incremental basis to a
maximum of 5 %.
Application related SLAs
Table 5: Application related SLAs
S.No.
Measurement
Application Availability
1.
Downtime
required
for
maintenance,
new
initiatives
undertaken by Vendor / Bidder or
for performance enhancement
measures shall not be considered
while calculating application
Target
>= 99.75%
Penalty
1% of the QGR for every 2
hours of downtime at a
stretch or in parts.
2% of the QGR for every
subsequent
hour
of
downtime at a stretch or
in parts for total down
202
Section VI. Technical Requirements
S.No.
Measurement
Target
Penalty
time more than 10 hours.
availability.
Note: QGR – Quarterly Guaranteed Revenue
Security & Incident Management SLA
These SLAs would be calculated for each of the following types of incidences:
·
Virus Attack
Any virus infection and passing of malicious code shall be monitored at the
gateway level or user complains of virus infection shall be logged at the help desk
system and collated every quarter.
·
Denial of Service Attack
Non availability of any services shall be analyzed and forensic evidence shall be
examined to check whether it was due to external DoS attack.
·
Intrusion
Compromise of any kind of data hosted by DPMS for MA&UD Department,
Government of Andhra Pradesh.
·
SPAM statistics on monthly basis shall be monitored through reports generated by
Anti SPAM software.
Table 6: Security & Incident Management SLA
S.No.
Incident Per Month
Penalty
1.
For every Virus attack reported and not resolved within
36 hours from the time of patch or virus removal tool /
process is available.
Rs. 10,000
2.
For every incidence of Denial of service attack.
Rs. 500,000
3.
For every incidence of Data Theft, Vendor / Bidder is
subject to penalty and / or punishment applicable under
the IT act or any other prevailing laws of the State /
Country at that point in time, which shall be over and
above the said penalty.
Rs. 500,000
4.
Intrusion
Rs. 200,000
>=95%
5.
SPAM
Nil
>=90 and <95 %
Rs. 100,000
>=80% and < 90 %
Rs. 200,000
Section VI. Technical Requirements
S.No.
203
Incident Per Month
Penalty
>=70% and < 80%
Rs. 300,000
< 70 %
Rs. 500,000
Manpower SLA
The objective of this Clause is to monitor the availability of the Manpower Resources,
as per the requirements of the project, proposed by the Vendor / Bidder in the
submitted Proposal.
In cases where 24x7 manpower is not available, the support personnel should be
available over phone. In case the support personnel are not reachable over the phone,
there must be a provision to automatically register/log the call and the remote
telephone support personnel must be able to access the logged call to take immediate
steps to address the same. On critical situations or when directed by MA&UD
Department, Government of Andhra Pradesh, the support personnel must be available
on site within 3 hours of request from MA&UD Department, Government of Andhra
Pradesh.
It is the responsibility of the Vendor / Bidder to ensure 100% availability of all the
proposed manpower resources throughout the operations and maintenance phase. The
Vendor / Bidder must also ensure the availability of the required manpower resources
on holidays and in case of leave/absence of manpower the Vendor / Bidder must have
suitable reserve manpower resources to ensure their availability as per the commitment
made in the submitted Proposal.
Non-availability of the support personnel as stated above will be treated equivalent to
single occasion downtime for critical components. The manpower deployed by the
Vendor / Bidder should be on rolls of the Vendor / Bidder and not contracted or
outsourced personnel.
Table 7 : Manpower Resources Availability
204
Section VI. Technical Requirements
Measurement
Resource availability
for
all
services
requested
under
Operations
and
Maintenance
Resource availability
would be calculated
as: (No. of shift days
for which resource
present
at
the
designated
location/
Total no. of shift days
) x 100
Target
Severity
Penalty
>=99% averaged over all
resources designated for Vendor
/ Bidder services and calculated
on a quarterly basis.
No Penalty
>=97% to <99% averaged over
all resources designated for
Vendor / Bidder services and
calculated on a quarterly basis.
1% of the
QGR
Critical
>=95% to <97% averaged over
all resources designated for
Vendor / Bidder services and
calculated on a quarterly basis.
2% of the
QGR
<95% averaged over all
resources designated for Vendor
/ Bidder services and calculated
on a quarterly basis.
3% of the
QGR
Example: to illustrate the manpower availability in case there are there are 3 shifts per
day which will have 2 people in shift 1, 1 in shift 2 and 1 in shift 3.
Total shift per day will be = 4, i.e., (2 x 1 + 1 x 1 + 1 x 1)
Per quarter it would be = 360 shifts
In a quarter if two people were not present in shift 1 for 7 days then 2 x 7 = 14 shifts
will be considered for the unavailability of manpower.
Uptime % = (shifts in which manpower was available / total number of shifts) x 100
Uptime % = (1 – (14/360)) x 100
Uptime % = 96.11%
Please Note: (As mentioned in RFP)
1. The Vendor / Bidder should deploy adequate resources to meet the SLA
requirements and as mentioned in the Proposal submitted by the Vendor / Bidder.
2. Not more than 20% of total manpower of Operations and Maintenance team is
allowed to change on yearly basis.
Section VI. Technical Requirements
205
3. Whenever there is a change of manpower, Vendor / Bidder has to inform the
MA&UD Department, Government of Andhra Pradesh in writing with all the
details of the leaving person at least 15 days in advance.
4. The changes/replacements are allowed with the person of equivalent or higher
qualification and experience mentioned in RFP.
5. Vendor / Bidder has to provide the training of at least 7 days for the specific role to
the person who is supposed to join the FMS team in case of change.
6. If more than 20% of total manpower is changed within a year then for every
additional 10% change of manpower, 2% of QGR will be deducted.
SLA Review Process
· Either MA&UD Department, Government of Andhra Pradesh or Vendor / Bidder
may raise an issue by documenting the business or technical problem, which
presents a reasonably objective summary of both points of view and identifies
specific points of disagreement with possible solutions.
·
A meeting or conference call will be conducted to resolve the issue in a timely
manner. The documented issues will be distributed to the participants at least 24
hours prior to the discussion if the issue is not an emergency requiring immediate
attention.
·
The MA&UD Department, Government of Andhra Pradesh and the Vendor /
Bidder shall develop an interim solution, if required, and subsequently the
permanent solution for the problem at hand. The Vendor / Bidder will then
communicate the resolution to all interested parties.
·
Based on the complexity of the problem, the issue is taken to the Change Control
Board for addressing the problem resolution with additional resources.
·
In case the issue is still unresolved, the arbitration procedures described in the
Terms & Conditions section will be applicable.
Penalties
· The total deduction should not exceed 10% of the QGR.
·
Three consecutive quarterly deductions of more than 10% of the applicable fee on
account of any reasons will be deemed to be an event of default and termination.
·
The certifications would be obtained by the Vendor / Bidder latest by end of Third
Quarter of the Operations phase failing which the subsequent QGRs will deferred
till the certifications is obtained.
206
Section VI. Technical Requirements
·
In the event of any of the above happening, it shall be governed by terms &
conditions defined in Section II – General Conditions of the Contract of this RFP
Definitions
For purposes of this Service Level Agreement, the definitions and terms as specified in
the contract along with the following terms shall have the meanings set forth below:
·
"Uptime" shall mean the time period for which the specified services/components
with specified technical and service standards are available to the state and user
departments. Uptime, in percentage, of any component can be calculated as:
Uptime = {1- [(Downtime) / (Total Time – Maintenance Time)]} * 100
·
“Downtime” shall mean the time period for which the specified services/components
with specified technical and service standards are not available to the MA&UD
Department, Government of Andhra Pradesh and users and excludes the scheduled
outages planned in advance.
·
“Incident” refers to any event / abnormalities in the functioning of the DPMS for
MA&UD Department, Government of Andhra Pradesh Equipment / specified
services that may lead to disruption in normal operations of the DPMS for MA&UD
Department, Government of Andhra Pradesh Project.
·
“Helpdesk Support" shall mean the 24x7x365 centre which shall handle Fault
reporting, Trouble Ticketing and related enquiries during this contract.
·
“Resolution Time” shall mean the time taken (after the incident has been reported at
the helpdesk), in resolving (diagnosing, troubleshooting and fixing) or escalating (to
the second level or to respective Vendors, getting the confirmatory details about the
same from the Vendor and conveying the same to the end user), the services related
troubles during the first level escalation.
The resolution time shall vary based on the severity of the incident reported at the help
desk. The severity would be as follows:
(a) Critical: incidents which shall impact the overall functioning of the DPMS for
MA&UD Department, Government of Andhra Pradesh Project. For example, software
bug fixing etc.
(b) Medium: Incidents, whose resolution shall require significant interruption in working
of the DPMS system for a specific duration. E.g.: installation of operating system etc.
Section VI. Technical Requirements
207
(c) Low: Incidents whose resolution shall require changes in configuration of software,
which will not significantly interrupt working of that component. For example, Reconfiguring the workflows, installation of any external device etc.
208
Section VI. Technical Requirements
ANNEXURE 3
Sl.No.
Name of the
Mplty/Corpn
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
Visakhapatnam Region
1
Srikakulam
2
Amadalavalasa
3
331
322
9
51
45
6
Ichapuram
102
71
31
4
Palasa-Kasibugga
172
140
32
5
Rajam
Panchayat
154
133
21
6
Palakonda N.P.
68
67
1
7
Vizianagaram
425
377
48
8
Bobbili
142
86
56
9
Parvathipuram
149
89
60
10
Salur
151
102
49
11
Nellimarla
19
10
9
12
Narsipatnam
201
183
18
13
Yelamanchili
92
38
54
14
GVMC
5965
3144
2821
Nagar
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
TOTAL
209
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
8022
4807
3215
3089
2151
938
Rajahmundry Region
1
Vijayawada Corp.
2
Rajahmundry Corp
849
486
363
3
Kakinada Corp.
746
673
73
4
Eluru Corp.
310
251
59
5
Bhimavaram
290
289
1
6
Tadepalligudem
240
213
27
7
Palacole
262
258
4
8
Gudivada
279
274
5
9
Tanuku
233
192
41
10
Machilipatnam
647
605
42
11
Amalapuram
226
197
29
12
Peddapuram
179
179
0
13
Pithapuram
291
264
27
14
Nidadavole
123
105
18
15
Kovvur
184
183
1
16
Mandapeta
165
138
27
210
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
17
Samalkota
125
124
1
18
Narasapur
190
187
3
19
Ramachandrapuram
160
159
1
20
Tuni
144
139
5
21
Pedana
95
91
4
22
Nuzvid
215
213
2
23
Jaggaiahpeta
76
67
9
24
Vuyyuru N.P.
100
100
0
25
Jangareddygudem
N.P.
280
277
3
26
Mummidivaram N.P.
65
65
0
27
Yeleswaram N.P.
78
62
16
28
Nandigama N.P.
166
161
5
29
Tiruvuru N.P.
70
70
0
30
Gollaprolu N.P.
50
48
2
9927
8221
1706
TOTAL
Guntur Region
1
Guntur
2077
1606
471
2
Tenali
524
464
60
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
3
Mangalagiri
4
Tadepalli
5
211
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
240
204
36
0
0
0
Narasaraopet
208
187
21
6
Chilakaluripet
250
210
40
7
Bapatla
208
175
33
8
Ponnuru
173
160
13
9
Piduguralla
119
92
27
10
Repalle
175
172
3
11
Sattenapalli
0
0
0
12
Macherla
122
96
26
13
Vinukonda
0
0
0
14
Ongole Mpl. Corp.
476
427
49
15
Chirala
166
157
9
16
Markapur
0
0
0
17
Kandukur
232
224
8
18
Addanki
108
86
22
19
Chimakurty
41
41
0
20
Giddalauru
0
0
0
212
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
21
Kanigiri
0
0
0
22
Nellore Mpl. Corp
0
0
0
23
Kavali
312
259
53
24
Guduru
0
0
0
25
Venkatagiri
87
82
5
26
Atmakuru
0
0
0
27
Sullurpet
0
0
0
28
Naidupet
87
87
0
5605
4729
876
TOTAL
Anantapuram Region
1
Antp Mpl Corpn
435
341
94
2
Guntakal
344
332
12
3
Tadipatri
153
153
0
4
Kadiri
143
140
3
5
Dharmavaram
205
175
30
6
Rayadurg
119
73
46
7
Hindupur
267
210
57
8
Puttaparthy
8
8
0
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
213
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
9
Madakasira
41
41
0
10
Kalyanadurgam
87
72
15
11
Gooty
73
64
9
12
Pamidi
42
40
2
13
Kurnool
901
815
86
14
Yemmiganur
275
261
14
15
Nandyal
483
481
2
16
Dhone
101
99
2
17
Atmakur
49
49
0
18
Nandikotkur
0
0
0
19
Gudur
32
32
0
20
Allagadda
112
112
0
21
Adoni
0
0
0
22
Kadapa
669
648
21
23
Proddatur
444
405
39
24
Pulivendula
195
192
3
25
Rajampeta
234
218
16
26
Rayachoti
252
252
0
214
Section VI. Technical Requirements
Sl.No.
Name of the
Mplty/Corpn
27
Badvel
28
Building
Applications
Received
Number of
Buildings
Approved
Number of
Buildings returned
/ particulars called
for / Pending
23
8
15
Yerraguntla
0
0
0
29
Jammalamadugu
0
0
0
30
Mydukur
86
21
65
31
Chittoor
503
494
9
32
Tirupathi
390
204
186
33
Palamaneru
199
195
4
34
Madanapalle
372
290
82
35
Nagari
118
111
7
36
Puttur
156
154
2
37
Srikalahasthi
130
116
14
38
Punganur
0
0
0
TOTAL
7641
6806
835
GRAND TOTAL
31195
24563
6632
Section VI. Technical Requirements
215
ANNEXURE 4
S.No
Abbreviations
For
1.
Rs.
Indian Rupees
2.
LS
Lumpsum
3.
No.
Number
4.
TPBO
Town Planning Building Oversear
5.
TPS
Town Planning Supervisor
6.
TPO
Town Planning Officer
7.
ACP
Assistant City Planner
8.
DCP
Deputy City Planner
9.
CP
City Planner
10.
CCP
Chief City Planner
11.
MC
Commissioner
12.
AEO
Assistant Estate officer
13.
NOC
No Objection Certificate
14.
BPR
Business Process Reengineering
Definitions
Unless the contract otherwise requires, the following terms wherever used in the
contract shall have the following meaning.
a. Agreement means the contract signed by the parties together with all
documents/Appendices attached thereto and includes all modifications
made in terms of provisions of the contract.
216
Section VI. Technical Requirements
b. Bid means the completed bidding document submitted by the Vendor /
Bidder to the Purchaser.
c. Bill of Quantities means the priced and completed bill of quantities
forming part of Tender.
d. Commencement Date means the date upon which the Vendor / Bidder
receives the notice to commence the work, issued by the purchaser.
e. Commissioning date means the date when the “Go-live” is certified
f. Contract Price means the price stated in the Letter of Acceptance as
payable to the Vendor / Bidder for the execution and completion of the
works and remedying of any defects therein accordance with the
provisions of the Contract.
g. Contract Agreement means the Contract Agreement signed by the
Purchaser and Vendor / Bidder.
h. Day means calendar day.
i. Defect means any part of the Works not completed in accordance with the
Contract.
j. Defect Notice period is the period stated in the Contract within which the
purchaser may notify the Vendor / Bidder to a Defect.
k. Purchaser means the person authorized to procure the goods and services
on behalf of MA&UD Department, Government of Andhra Pradesh, more
so described in the SCC, or his successors in office and assigns.
l. DT&CP, Government of Andhra Pradesh, Hyderabad Representative
means the person or party described in the SCC, and appointed by the
Purchaser and to be responsible.
m. DT&CP, Government of Andhra Pradesh, Hyderabad or his
representative means the person/persons described in the SCC, appointed
by the Purchaser and notified to the Vendor / Bidder to represent the
Purchaser in all dealings with the Vendor / Bidder concerning the Work
including administering the contract and certifying payments due to the
Vendor / Bidder.
n. Equipment means IT solution and all appliances and machineries of
whatsoever nature required for execution and completion of the Works
and the remedying of any defects therein.
o. GCC means the General Conditions of Contract.
p. GO-Live means the stage where the system is passed the integrated
testing with Live data and moved on from the testing system to the
production system
q. Intended Completion Date means the date on which it is intended for
competing the execution and passing the Test on Completion of the works
of any section or part thereof as stated in the Contract.
Section VI. Technical Requirements
217
r. Invitation for Bids means the formal announcement in the media by the
Purchaser to invite bids for the works to be implemented.
s. Letter of Acceptance means the formal acceptance of the bid by the
Purchaser.
t. Month means calendar months.
u. Performance Security means the unconditional bank guarantee provided
by the Vendor / Bidder to the Purchaser for guaranteeing the completion
of the works as per the contract agreement.
v. PMU means Project Monitoring Unit, that monitors, manages, technically
offers advisory support, verifies the testing process and certifies the
payment process of the Vendor / Bidder to MA&UD Department,
Government of Andhra Pradesh
w. Retention Money means the aggregates of all moneys retained by the
Purchaser.
x. SCC means the Specific Conditions of Contract
y. Site means the specific geographical region where the works are to be
implemented.
z. Specifications mean the specification of the works included in the
Contract and any modifications thereof or addition thereto made in tender
documents or submitted by the Vendor / Bidder and approved by the
DT&CP, Government of Andhra Pradesh, Hyderabad or his representative
or PMU.
aa. Sub-Vendor means any person or party named in the Contract to perform
some part of the work or any person or party that has been designated by
the Vendor / Bidder and approved by the Purchaser to perform some
portion of the work
bb. Vendor / Bidder means the person or entity described in the SCC, whose
tender (bid) to complete the work as specified in the contract has been
accepted by the Purchaser and legal successor in title to such person but
not any assignee of such person.
cc. Tender means the Vendor / Bidder’s priced offer to the Purchaser for the
execution and completion of the works and to remedying of any defects
therein in accordance with the provisions of the Contract agreement.
dd. Unit prices mean the sum to be paid to the Vendor / Bidder for the
execution and completion of works in accordance with the provisions of
the contract. Each unit price shall be deemed to include cost of the labour,
solution, materials and testing required for accomplishing a specific work
task as per specifications.
218
Section VI. Technical Requirements
ee. Variation means an instruction given by the DT&CP, Government of
Andhra Pradesh, Hyderabad or his representative or PMU, which varies
the scope or quantity of Works.
ff. Works means the Permanent Works and Temporary Works or either of
them as appropriate.
gg. Working Day means the period between 0001 hrs and 2359 hrs on any
day including Sundays.
Section VI. Technical Requirements
219
ANNEXURE 5
Project Management
Roles & Responsibilities – DTCP, Hyderabad, GoAP.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Co-ordination with successful bidder for implementation of the project
Co-ordination with all departments for implementation of the project
Signing the agreement for executing the project with successful bidder on behalf
of all the Corporations and Municipalities
Release payments as per the certification PMU
Monitor the project progress in association with PMU
Procurement of Hardware as per the overall requirement for the IT center, for
each corporation, development authority and municipality as per the requirement
Provide for Networking and Connectivity for centralized application deployment
and access to the vendor and to the corporation, development authority and
municipality as per the overall requirement
Provide the Disaster recovery center for the vendor to back-up data
Provide exclusive, well furnished working space for the staff at the IT center and
at all the locations
Conduct / appoint a third party for Acceptance Testing
Appoint a dedicated Project Director
Phasing of the Sites for implementation.
Provide built-in offices space for the implementation of the project
Roles & Responsibilities – Service Provider
1. Field study to understand the requirements
2. The successful bidder has to submit the performance guarantee on receipt of
award notification
3. Fine tune the Project Plan in consultation with the Ministry
4. Entering into contract
5. Mobilization of the team and take up the work
6. Deliver the deliverables as per the contract terms and conditions
7. Customize, Configure, Maintain and updating the application software during
the contract period.
8. Train the identified personnel of on operating and maintaining the complete
system.
Project Management
In order to achieve the objectives of MA&UD Department, Government of Andhra
Pradesh project and to provide continuous support for Project management ASCI
(Administrative Staff College of India) as PMU is engaged with the following
objectives:
Objectives of PMU
220
Section VI. Technical Requirements
i.
ii.
iii.
iv.
v.
vi.
vii.
To provide the required Domain expertise to ensure the translation of the
requirements and process refinement, alignment for effective ICT enablement
To offer Technical assistance and support to determine the usage of
appropriate technology options and the Road map for technology adoption
To prepare the RFP / EOI and assist in identifying the Vendor for the
execution of the initiative
To provide the requisite technical and managerial support to ensure effective
implementation of the BAS initiative
To assist MA&UD Department, Government of Andhra Pradesh in planning,
monitoring, reviewing, evaluating and providing along with third party
certification for the activities performed by the selected vendor
To assist MA&UD Department, Government of Andhra Pradesh in Capacity
building and enhancing the Project management skills with in the engaging
institution
To provide guidance MA&UD Department, Government of Andhra Pradesh
in ensuring the documentation of all activities for a smooth transfer of
technology post implementation
Role of PMU
The role of PMU would encompass the following, but not be limited to:
v As a Project Management Partner provide for all IT activities the following
support
v Strategic Management Support
v Domain Support
v Vendor Selection Support
v Project Management Support
v Technology Partner Management
v Training and Capacity building support
·
Strategic Management Support
– IT Road Map for all solutions and comprehensive framework
– IT solution architecture and integration
– IT Process definition and establishment of SOPs for the IT services
·
Domain Support
– Refine, define and re-engineer some of the processes for ease in ICT adoption
– Minimizing the Workflow steps to ensure simpler, shorter and efficient
methods for ICT adoption
– Bring in the best practices that enhance the value proposition to all the
stakeholders in the system
Section VI. Technical Requirements
221
– Guide the Technology partner in preparing the technical detailed functional
specifications for ICT enablement
•
·
Vendor Selection Support
– Prepare the technical documentation for Vendor selection
– Facilitate processes to ensure that RFP prepared has all technical aspects
appropriately covered
– Assist in the RFP / EOI, Tender process and technical evaluation of the
proposals from the vendors
– Select the vendor and enable contract between the vendor and MA&UD
Department, Government of Andhra Pradesh
·
Project Operations Management Support
– Monitoring the progress of the project on a day-to-day basis with the
Application developed by Technology Partners
– Project Scope management and resolution of all project related issues
– Certify payments to Technology Partners
– Support adherence to Standards and Periodic audits on compliance
– Monitor the SLAs of the Technology Partner
– Direct Technology Partners to Provide MIS reports on various aspects of the
BAS system
– Interface with Connectivity partner, Payment partners, Technology partners,
Hardware and Network equipment vendors
– Contract enforcement and SLA monitoring
– Acceptance testing support for certifications and payments
Technology Partner Management
a. Ensure the following Application software Support by the Technology Partner
• Standardization of the solution
• Ensure 100% maintenance of the Application software by the
technology partner
• Enhance the feature set with the changing technology options
• Establish bug fixing and maintenance processes for all solutions
• Establish Development, Production, Testing ,Deployment framework
of the solution provided
• Continuous evaluation and feedback on the performance of the system
• Review and coordinate Acceptance test for the application software
• Ensure Security management and User management for all IT services
by technology partner
• Ensure 100% solution documentation
b. Ensure the following Technology Support by the technology partner
• Maintenance of the Source Code and Version Management
222
Section VI. Technical Requirements
•
•
•
•
Provide a comprehensive “Technology Road map” for the BAS system
incorporating emerging technologies
Provide comprehensive technology and functional specification
documentation
Provide Architectural and integration framework for implementation
Interface with Technology and Connectivity partners for Load
balancing and performance fine tuning
c. Ensure Data Management support by the technology partner
•
•
•
Monitor the compliance of all partners to data management, data
security and data maintenance
Ensure standard operation procedures for Backup and recovery
Interface with NIC or any such Data center in establishing the Disaster
Recovery Centre
d. Ensure Help Desk Data Management support extended by the technology
partner
•
•
·
Monitor the compliance of technology partners to Help Desk
management
Ensure standard operation procedures for Grievance, Complain,
Problem reporting
Project Management / ExecutionSupport
– Enhance ownership of the project by MA&UD Department, Government
of Andhra Pradesh through a continuous consultative processes
– Support and monitor BAS project
– Monitor implementation as per the contractual agreements
– Provide technical hand-holding support to MA&UD Department,
Government of Andhra Pradesh in project implementing along with
agencies and state government
– Establish Project Management Practice in MA&UD Department,
Government of Andhra Pradesh specifically for BAS initiative
– Arrive at the time bound project plan and detail schedule
– Monitor the project vis-à-vis the project plan
– Appraise and monitor efficient utilization of funds disbursed and be the
certification agency for release of payments to the vendor based on the
performance of the specific milestones mutually agreed upon terms of the
contract
– Report on progress to MA&UD Department, Government of Andhra
Pradesh covering status of activity completion, Detailed Project Reports,
Utilization Certificates, and Quarterly Progress Reports etc
Section VI. Technical Requirements
223
– Ensure establishing Acceptance Test procedures through third party
external agencies to evaluate the compliance of the standards for the IT
solution
– Ensure effective and timely reporting of progress of implementation of the
Initiative
– Enforcing the Contractual obligation
– Assist MA&UD Department, Government of Andhra Pradesh on Transfer
of Technology to the internal teams from the Technology partner
·
Capacity Building and Change Management support
– Support initiatives for capacity building for all stakeholders on
§ Technology usage and adoption
§ Process definitions
§ ICT enabled Service delivery
§ Provide the required change management strategy for early
adoption with minimal resistance
Project Management Structure
224
Section VI. Technical Requirements
STEERING COMMITTEE
·
·
·
·
·
·
Principal Secretary MA&UD
PD, APMDP
DT&CP, GoAP
Commissioners – 3 (DHQ)
Representative – ASCI (PMU)
Representative – Partner/ Vendor
PMU – State Level
·
·
·
·
·
·
·
·
PD, APMDP
DT&CP, , GoAP
Program Director ASCI
Program Manager ASCI
Technical Expert - ASCI
Technical Leader and Support team ASCI
Capacity Building Coordinator –
ASCI
Project Manager – Partner / Vendor
Change Control Board
·
·
·
·
Program Manager ASCI
Technical Expert - ASCI
Technical Coordinator –
MA&UDI
Technical Project Manager
– Partner / Vendor
PIO – Corporation Level
·
·
·
Program Manager
Corporation
Program Coordinator ASCI
Project Manager - Vendor
Steering Committee :
A Steering Committee operates at the state level and provide guidance on overall
strategic direction for the project. Steering Committee is responsible for the business
issues associated with the project that are essential to the success and project
outcomes. This includes defining and realizing benefits, monitoring risks, quality and
timelines, engaging and compensating for additional services, making policy and
resourcing, and assessing requests for changes to the scope of the project This
Section VI. Technical Requirements
225
committee meets once a month in the first 3 months and shall meet once a quarter
subsequently.
Roles and Responsibilities
ü Collectively, Steering Committee's role is to:
ü Monitor / Oversee all the activities under the project so that all the stake holders
achieve their desired objectives in the project.
ü Provide those directly involved in the project with guidance on project business
issues;
ü Provide approvals for expenditure for enhancement of service and infrastructure
enablement
ü Ensure that strategies to address potential threats to the project's success have
been identified, costed and approved, and that the threats are regularly re-assessed
ü Address any issue which has major implications for the project
ü Reconcile differences in opinion and approach and resolve disputes arising from
them.
Project Management Unit (PMU)
PMU is the implementation and monitoring committee operating from ASCI and
shall consist of nominated members from all participating departments. The team will
provide the necessary framework within which the project should be executed and
achieve the desired objective. The PMU shall report the to the Steering committee
regarding the progress of implementation of the project across the state. The PMU has
a Project Cell headed by the Program Manager. The PMU shall meet once a fortnight
initially for the first three months and shall subsequently meet once a month.
For effective implementation of the project MA&UD Department, Government of
Andhra Pradesh and the selected vendor shall nominate one Project Manager /
Technical coordinator from each side to monitor, drive, coordinate the
implementation of the project across the city. The Project Managers / coordinators
will report the progress of the project along with the Program Manager of PMU to the
steering committee at regular intervals and escalate issues to be resolved for smooth
implementation of the project.
Roles and Responsibilities
Collectively, PMU is responsible for:
ü Set up Project Priorities in alignment with the Agreement with the partner.
ü Monitor the execution of the Project by regular Status reviews and Update
progress to the Steering Committee
ü Take up any issues related to deviation in scope and Agreement to the Change
Control Board.
ü Will Coordinate with departments and ensure that the SLAs are realized as per the
agreement
ü Ensure the third party acceptance processes are enabled and reviewed periodically
226
Section VI. Technical Requirements
ü Primarily responsible for the execution of the Projects within time, resource and
cost budgets to quality, which will ensure Implementation Team’s/ customer
satisfaction on the project
ü Primarily responsible for giving the necessary support to Selected vendor for
effective implementation of the project
ü Issuance of circulars, guidelines and working instructions for the smooth
execution of the project
ü Provide budgetary estimates for service and infrastructure enhancements for the
approval of the Steering committee
ü Enable the Change control process
ü Monitor / Oversee all the operational activities
ü Oversee SLA adherence and conduct periodic reviews
ü Provide those directly involved in the project with guidance on project business
issues;
ü Address any issue which has major implications for the project at the
implementation level.
ü Report to the state Steering Committee
Project Implementation Office (PIO)
PIO is the location specific implementation and monitoring team operating from each
location and shall consist of exclusive members at each location as a part of the PMU.
The PIO shall report the to the PMU regarding the progress of implementation of the
project at its location. The PIO has a location coordinator. The PIO shall report on a
daily basis and meet the PMU once a fortnight initially for the first three months and
shall subsequently meet once a month.
For effective implementation of the project Municipal corporation, the selected
vendor and the PMU shall nominate one Project Coordinator / Technical coordinator
from each side to monitor, drive, coordinate the implementation of the project across
the Municipality. The Project coordinators from the PMU will report the progress of
the project to the Program Manager of PMU at regular intervals and escalate issues to
be resolved for smooth implementation of the project.
Roles and Responsibilities
Collectively, PIO is responsible for:
ü Monitor the execution of the Project by regular Status reviews and Update
progress to the PMU
ü Take up any issues related to deviation in scope and Agreement to the PMU
ü Will Coordinate with departments and ensure that the SLAs are realized as per the
agreement
ü Ensure the third party acceptance processes are enabled and reviewed periodically
ü Primarily responsible for the execution of the Projects within time, resource and
cost budgets to quality, which will ensure Implementation Team’s/ customer
satisfaction on the project
Section VI. Technical Requirements
227
ü Primarily responsible for giving the necessary support to Selected vendor for
effective implementation of the project
ü Monitor / Oversee all the operational activities
ü Oversee SLA adherence and conduct periodic reviews
Change Control Board (CCB)
The Change Control Board (CCB) represents the interests of program and project
management by ensuring that a structured process is used to consider proposed
changes and incorporate them into a specified release of a product. The CCB shall
request that impact analysis of proposed changes be performed, review change
requests, make decisions, and communicate decisions made to affected groups and
individuals. A Change Control Board is established in order to manage the change
control process in a fair and stable manner. The Change Control Board serves as the
focal point for change management and retains the authority for deciding which
proposed changes actually get incorporated into a work product.
It is expected that the board will meet either on a periodic basis or whenever a key
change or group of changes requires consideration. The Program Manager will act as
its facilitator and will serve as the focal point for collecting change requests,
coordinating change board meetings, and the like. The CCB reports the requests to
the Steering Committee which takes the final decision on the changes to be
implemented
Role and Responsibilities
ü The Change Control Board has is established for the management of changes that
affect the scope of the Project. The basic functions of the Change Control Board
are as follows:
ü Ensure that changes are reviewed and implemented on a timely basis.
ü Ensure change is made in a organized and controlled manner
ü Identify technically sound improvements having high benefit-to-cost ratios and
thereby enhancing overall business performance
ü Interface with those impacted to coordinate implementation of the change in an
coordinated effort
ü Manages change activity from initial request through technical recommendation,
to approval for implementation
ü Minimize the risk of scope creep in the Project
ü Provide on open forum to discuss ideas and or concerns
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Section VII. Sample Forms
SECTION VII. SAMPLE FORMS
Notes to the Purchaser on preparing the Sample Forms
The Sample Forms provided in these SBD provide standard formats for a number of the key
documents that the Purchaser and Bidders will exchange in the process of bidding, awarding, and
implementing the Contract. Most of the Sample Forms are to be completed and/or modified by the
Purchaser to suit the particular System being procured and included in the Bidding Document before
they are released to potential Bidders, or to the winning Bidder, as the case may be. In turn, the
Bidders or winning Bidder must complete other forms and submit them to the Purchaser. Notes
providing instructions for the Purchaser, the Bidders, and the winning Bidder have been provided. To
avoid confusion, the Purchaser should remove all the instructions to the Purchaser from the final
version of the Bidding Document that is released to potential Bidders.
To the fullest extent possible, the typographical aides used in the previous sections of the
SBD continue in this section. General explanatory text that appears in sans serif typeface (such as
this text) remains intended for the Purchaser (hence should be removed from the final version of the
Bidding Document). General instructions or explanatory text aimed at Bidders and/or the winning
Bidder appear in standard roman typeface, but indicators are included showing they are aimed at
Bidders. Instructions that appear directly in the Forms, continue to be in italicized roman typeface,
set off with square brackets and generally intended for the Bidders or the winning Bidder. If an
instruction is meant for the Purchaser, it is identified as such. Purchasers are encouraged to provide
as many of these Sample Forms as possible in revisable, electronic format in or with the Bidding
Document. This will expedite bid preparation, reduce the number of inadvertent mistakes made by
Bidders, and, as a result, simplify the evaluation.
Bid Submission Form and Contract Agreement: Except as indicated by blanks and/or
instructions to fill in information, the text of the Bid Submission Form and the Contract Agreement
should be left unaltered in the Bidding Document from how it appears in these SBDs. At the time of
Contract award, the Purchaser has an opportunity to add the final details needed in the Contract
Agreement form, by making any necessary insertions or changes to Article 1.1 (Contract Documents)
and Article 3 (Effective Date) and listing only the actual Appendices that will be incorporated in the
final Contract. (These Appendices should also be completed in accordance with the instructions
provided at the beginning of each Appendix.)
Since the Price Schedules will form part of the final Contract, if there have been any
corrections or modifications to the winning bid resulting from price corrections, pursuant to the
Instructions to Bidders, these too should be reflected in the Price Schedules at the time of Contract
award and appended to the Contract Agreement in Appendix 6 (Revised Price Schedules).
Price Schedules: The price breakdown given in the sample Price Schedules generally follows
the usual breakdown requested for Information Technology procurement, except that further
breakdowns are required (e.g., between Technologies/Goods and Services, and between Technologies
and other Goods supplied domestically or from abroad) in order for the domestic preference
procedure to be applied (except if the procurement falls under the 2004 Guidelines, in which case
domestic preference does not apply in this SBD). It is essential that Bidders submit their prices in the
Section VII. Sample Forms
229
manner prescribed by the Price Schedules. Failure to do so may result in loss of the preference, if
applicable.
For the more straightforward or well specified Systems that are covered by the single-stage
bidding process, the Purchaser is encouraged to fill in the precise System, Subsystem, component,
and item/description details in the Price Schedules prior to issuance of the Bidding Document. This
will result in bid pricing that is more uniform, making the comparison of bid prices more efficient and
reducing the number of ambiguities that require clarification. If Bidders are left to fill in
item/description details (which may be necessary for complex Systems when such details cannot be
easily identified in advance by the Purchaser), the commercial evaluation becomes more difficult.
Other guidance and instructions appear in the subsection containing the schedules and in the
schedules themselves.
Manufacturer’s Authorizations and agreements by key subcontractors: In accordance with
ITB Clauses 6.1 (b) and (c), Bidders may be required to submit, as part of their bids, Manufacturer’s
Authorizations and written agreements by Subcontractors proposed for key services. For the
Manufacturer's Authorization, the format provided in the SBD should be used. There is no particular
format for Subcontractor agreements.
List of Proposed Subcontractors: In accordance with ITB Clause 6.3, a Bidder must submit,
as part of its bid, a list of major goods and/or services that the Bidder proposes to subcontract. The
list should also include the names and place of registration of the Subcontractors proposed for each
item and a summary of their qualifications.
List of Software and Materials: In accordance with ITB Clause 13.1 (e) (vi) (ITB
Clauses 13.1 (c) (vi) and 25.1 (e) (vi) in the two-stage SBD), a Bidder must submit, as part of its bid,
a list of all the Software it will provide, assigning each item to one of the following categories: (A)
System, General-Purpose, or Application Software; or (B) Standard or Custom Software. The Bidder
must also submit a list of all Custom Materials. These should be recorded in the sample List of
Software and Materials Table included in the Bidding Document. If provided for in the Bid Data
Sheet, the Purchaser may reserve the right to assign key System Software items to a particular
category.
Bidder Qualification forms: As required by ITB Clause 6.1.
Forms for securing the bid: If the BDS for ITB Clause 17 (ITB Clause 29 in the two-stage
SBD) requires that bids be secured, the Purchaser should include the related form(s) in the Bidding
Document, as provided in this Section of the SBD. Depending on what type of security the BDS
requires, one form (Bid-Securing Declaration), two forms (Bank Guarantee and Bid Bond), or all
three forms, should be included. If the Purchaser wishes to use another form, it must obtain the
World Bank’s prior no-objection. Some of the variable fields (such as the duration of sanctions in
case of the Bid-Securing Declaration) need to be pre-filled by the Purchaser.
Performance Security: Pursuant to GCC Clause 13.3, the successful Bidder is required to
provide the Performance Security within twenty-eight (28) days of notification of Contract award.
Advance Payment Security: Pursuant to GCC Clause 13.2, the successful Bidder is required
to provide a bank guarantee securing the Advance Payment, if the SCC related to GCC Clause 12.1
provides for an Advance Payment.
Installation and Operational Acceptance Certificates: Recommended formats for these
certificates are included in these SBD. Unless the Purchaser has good reason to require procedures
that differ from those recommended, or to require different wording in the certificates, the procedures
and forms shall be included unchanged. If the Purchaser wishes to amend the recommended
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procedures and/or certificates, it may propose alternatives for the approval of the World Bank before
release of the Bidding Document to potential Bidders.
Change Order Procedures and Forms: Similar to the Installation and Operational Acceptance
Certificates, the Change Estimate Proposal, Estimate Acceptance, Change Proposal, Change Order,
and related Forms should be included in the Bidding Document unaltered. If the Purchaser wishes to
amend the recommended procedures and/or certificates, it may propose alternatives for the approval
of the World Bank before release of the Bidding Document.
Section VII. Sample Forms
231
Notes to Bidders on working with the Sample Forms
The Purchaser has prepared the forms in this section of the Bidding Documents to suit
the specific requirements of the System being procured. They are derived from the forms
contained in the World Bank’s Standard Bidding Documents for the Supply and Installation
of Information Systems. In its bid, the Bidder must use these forms (or forms that present in
the same sequence substantially the same information). Bidders should not introduce
changes without the Purchaser’s prior written consent (which may also require the clearance
of the World Bank). If the Bidder has a question regarding the meaning or appropriateness
of the contents or format of the forms and/or the instructions contained in them, these
questions should be brought to the Purchaser’s attention as soon as possible during the bid
clarification process, either at the pre-bid meeting or by addressing them to the Purchaser in
writing pursuant to ITB Clause 10.
The Purchaser has tried to provide explanatory text and instructions to help the
Bidder prepare the forms accurately and completely. The instructions that appear directly on
the forms themselves are indicated by use of typographical aides such as italicized text within
square brackets as is shown in the following example taken from the Bid Submission Form:
Duly authorized to sign this bid for and on behalf of [ insert: name of Bidder ]
In preparing its bid, the Bidder must ensure all such information is provided and that
the typographical aides are removed.
The sample forms provide a standard set of documents that support the procurement
process as it moves forward from the stage of bidding, through Contract formation and onto
Contract performance. The first set of forms must be completed and submitted as part of the
bid prior to the deadline for bid submission. These include: (i) the Bid Submission Form; (ii)
the Price Schedules; (iii) the Manufacturer’s Authorizations and key Subcontractor
agreements; (iv) the List of Proposed Subcontractors; (v) the form(s) for securing the bid (if
and as required); and other forms as found in sub-sections 1 through 4 of this Section VII of
the Bidding Documents.
·
Bid Submission Form: In addition to being the place where official confirmation of
the bid price, the currency breakdown, the completion date(s), and other important
Contract details are expressed, the Bid Submission Form is also used by the Bidder to
confirm - in case adjudication applies in this Contract - its acceptance of the
Purchaser’s proposed Adjudicator, or to propose an alternative. If the bid is being
submitted on behalf of a Joint Venture, it is essential that the Bid Submission Form be
signed by the partner in charge and that it be supported by the authorizations and
power of attorney required pursuant to ITB Clause 6.2. Given widespread concern
about illegal use of licensed software, Bidders will be asked to certify in the Bid
Submission Form that either the Software included in the bid was developed and is
owned by the Bidder, or, if not, the Software is covered by valid licenses with the
proprietor of the Software.
·
Price Schedules: The prices quoted in the Price Schedules should constitute full and
fair compensation for supply, installation, and achieving Operational Acceptance of
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the System as described in the Technical Requirements based on the Implementation
Schedule, and the terms and conditions of the proposed Contract as set forth in the
Bidding Documents. Prices should be given for each line item provided in the
Schedules, with costs carefully aggregated first at the Subsystem level and then for
the entire System. If the Price Schedules provide only a summary breakdown of
items and components, or do not cover some items unique to the Bidder’s specific
technical solution, the Bidder may extend the Schedules to capture those items or
components. If supporting price and cost tables are needed for a full understanding of
the bid, they should be included.
Arithmetical errors should be avoided. If they occur, the Purchaser will correct them
according to ITB Clause 26.2 (ITB Clause 38.2 in the two-stage SBD) without
consulting the Bidder. Major omissions, inconsistencies, or lack of substantiating
detail can lead to rejection of a bid for commercial non-responsiveness. Presenting
prices according to the breakdown prescribed in the Price Schedules is also essential
for another reason. If a bid does not separate prices in the prescribed way, and, as a
result, the Purchaser cannot apply the domestic preference provision described in ITB
Clause 29 (ITB Clause 41 in the two-stage SBD), if they are applicable in this
bidding, the Bidder will lose the benefit of the preference. Once bids are opened,
none of these problems can be rectified. At that stage, Bidders are not permitted to
change their bid prices to overcome errors or omissions.
·
Manufacturer’s Authorizations and written agreements by key Subcontractors: In
accordance with ITB Clauses 6.1 (b) and (c), a Bidder may be required to submit, as
part of its bid, Manufacturer’s Authorizations in the format provided in the Bidding
Documents, and agreements by Subcontractors proposed for key services, for all
items specified in the Bid Data Sheet. There is no particular format (or sample form)
for Subcontractor agreements.
·
List of Proposed Subcontractors: In accordance with ITB Clause 6.3, a Bidder must
submit, as part of its bid, a list of proposed subcontracts for major items of
Technologies, Goods, and/or Services. The list should also include the names and
places of registration of the Subcontractors proposed for each item and a summary of
their qualifications.
·
List of Software and Materials: In accordance with ITB Clause 13.1 (e) (vi) (ITB
Clauses 13.1 (c) (vi) and 25.1 (e) (vi) in the two-stage SBD), Bidders must submit, as
part of their bids, lists of all the Software included in the bid assigned to one of the
following categories: (A) System, General-Purpose, or Application Software; or
(B) Standard or Custom Software. Bidders must also submit a list of all Custom
Materials. If provided for in the Bid Data Sheet, the Purchaser may reserve the right
to reassign certain key Software to a different category.
·
Qualification information forms: In accordance with ITB Clause 6, the Purchaser
will determine whether the Bidder is qualified to undertake the Contract. This entails
financial, technical as well as performance history criteria which are specified in the
BDS for ITB Clause 6. The Bidder must provide the necessary information for the
Section VII. Sample Forms
233
Purchaser to make this assessment through the forms in this sub-section. The forms
contain additional detailed instructions which the Bidder must follow.
·
Securing the bid: If the BDS for ITB Clause 17 (ITB Clause 29 in the two-stage
SBD) requires that bids be secured, the Bidder shall do so in accordance with the type
and details specified in the same ITB/BDS Clause, either using the form(s) included
in these Sample Forms or using another form acceptable to the Purchaser. If a Bidder
wishes to use an alternative form, it should ensure that the revised format provides
substantially the same protection as the standard format; failing that, the Bidder runs
the risk of rejection for commercial non-responsiveness.
Bidders need not provide the Performance Security and Advance Payment Security
with their bids. Only the Bidder selected for award by the Purchaser will be required to
provide these securities.
The following forms are to be completed and submitted by the successful Bidder
following notification of award: (i) Contract Agreement, with all Appendices;
(ii) Performance Security; and (iii) Advance Payment Security.
·
Contract Agreement: In addition to specifying the parties and the Contract Price, the
Contract Agreement is where the: (i) Supplier Representative; (ii) if applicable,
agreed Adjudicator and his/her compensation; and (iii) the List of Approved
Subcontractors are specified. In addition, modifications to the successful Bidder’s
Bid Price Schedules are attached to the Agreement. These contain corrections and
adjustments to the Supplier’s bid prices to correct errors, adjust the Contract Price to
reflect – if applicable - any extensions to bid validity beyond the last day of original
bid validity plus 56 days, etc.
·
Performance Security: Pursuant to GCC Clause 13.3, the successful Bidder is
required to provide the Performance Security in the form contained in this section of
these Bidding Documents and in the amount specified in accordance with the SCC.
·
Advance Payment Security: Pursuant to GCC Clause 13.2, the successful Bidder is
required to provide a bank guarantee for the full amount of the Advance Payment - if
an Advance Payment is specified in the SCC for GCC 12.1 - in the form contained in
this section of these Bidding Documents or another form acceptable to the Purchaser.
If a Bidder wishes to propose a different Advance Payment Security form, it should
submit a copy to the Purchaser promptly for review and confirmation of acceptability
before the bid submission deadline.
The Purchaser and Supplier will use the following additional forms during Contract
implementation to formalize or certify important Contract events: (i) the Installation and
Operational Acceptance Certificates; and (ii) the various Change Order forms. These and the
procedures for their use during performance of the Contract are included in the Bidding
Documents for the information of Bidders.
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Section VII. Sample Forms
Table of Sample Forms
1. Bid Submission Form (Single-Stage Bidding) ........................................................... 236
2. Price Schedule Forms ................................................................................................. 240
2.1
Preamble ............................................................................................................ 241
3. Other Bid Forms and Lists ........................................................................................ 253
3.1 Manufacturer’s Authorization ............................................................................. 254
3.2 List of Proposed Subcontractors.......................................................................... 255
3.3 Software List ...................................................................................................... 256
3.4 List of Custom Materials .................................................................................... 257
3.5.1 General Information Form .................................................................................. 258
3.5.2 General Information Systems Experience Record ............................................... 259
3.5.2a Consortium / Joint Venture Summary .............................................................. 260
3.5.3 Particular Information Systems Experience Record............................................. 261
3.5.3a Details of Contracts of Similar Nature and Complexity .................................... 262
3.5.4 Summary Sheet: Current Contract Commitments / Work in Progress ................. 263
3.5.5 Financial Capabilities ......................................................................................... 264
3.5.6 Personnel Capabilities......................................................................................... 266
3.5.6a Candidate Summary ......................................................................................... 267
3.5.7 Technical Capabilities......................................................................................... 268
3.5.8 Litigation History ............................................................................................... 269
4. Bid-Securing Declaration ........................................................................................... 270
4A. Bid Security (Bank Guarantee) ............................................................................... 272
4B. Bid Security (Bid Bond)........................................................................................... 274
5. Contract Agreement ................................................................................................... 275
Appendix 1. Supplier’s Representative ....................................................................... 279
Appendix 2. Adjudicator ............................................................................................ 280
Appendix 3. List of Approved Subcontractors ............................................................ 281
Appendix 4. Categories of Software ........................................................................... 282
Appendix 5. Custom Materials ................................................................................... 283
Appendix 6. Revised Price Schedules ......................................................................... 284
Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to Contract
Amendments ...................................................................................................... 285
6. Performance and Advance Payment Security Forms ............................................... 286
6.1
6.2
Performance Security Form (Bank Guarantee) .................................................... 287
Advance Payment Security Form (Bank Guarantee) ........................................... 288
7. Installation and Acceptance Certificates ................................................................... 289
7.1
7.2
Installation Certificate......................................................................................... 290
Operational Acceptance Certificate ..................................................................... 291
Section VII. Sample Forms
235
8. Change Order Procedures and Forms ....................................................................... 292
8.1
8.2
8.3
8.4
8.5
8.6
Request for Change Proposal Form ..................................................................... 293
Change Estimate Proposal Form ......................................................................... 295
Estimate Acceptance Form.................................................................................. 297
Change Proposal Form ........................................................................................ 299
Change Order Form ............................................................................................ 301
Application for Change Proposal Form ............................................................... 303
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Section VII. Sample Forms
1. BID SUBMISSION FORM (SINGLE-STAGE BIDDING)
Date:
Loan/Credit No.:
IFB:
[ Bidder insert: date of bid ]
7816-IN
009/APMDP/2015/TU
Contract:Andhra Pradesh Municipal Development Project - DPMS
To: [ Purchaser insert: name and address of Purchaser ]
Dear Sir or Madam:
Having examined the Bidding Documents, including Addenda Nos. [ insert
numbers ], the receipt of which is hereby acknowledged, we, the undersigned, offer to
supply, install, achieve Operational Acceptance of, and support the Information System
under the above-named Contract in full conformity with the said Bidding Documents for the
sum of:
[ insert: amount of local
currency in words ]
([ insert: amount of local currency
in figures from corresponding
Grand Total entry of the Grand
Summary Cost Table ])
or such other sums as may be determined in accordance with the terms and conditions of the
Contract. The above amounts are in accordance with the Price Schedules attached herewith
and made part of this bid.
We undertake, if our bid is accepted, to commence work on the Information System
and to achieve Installation and Operational Acceptance within the respective times stated in
the Bidding Documents.
If our bid is accepted, and if these Bidding Documents so require, we undertake to
provide an advance payment security and a performance security in the form, in the amounts,
and within the times specified in the Bidding Documents.
We hereby certify that the Software offered in this bid and to be supplied under the
Contract (i) either is owned by us, or (ii) if not owned by us, is covered by a valid license
from the proprietor of the Software.
We agree to abide by this bid, which, in accordance with ITB Clauses 13 and 16,
consists of this letter (Bid Submission Form) and the enclosures listed below, for a period of
180 days from the date fixed for submission of bids as stipulated in the Bidding Documents,
Section VII. Sample Forms
237
and it shall remain binding upon us and may be accepted by you at any time before the
expiration of that period.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this
Bid, and to Contract execution if we are awarded the Contract, are listed below:
Name and Address
of Agent
Etc.
Amount and
Currency
Purpose of
Commission or
Gratuity
: “none”
Until the formal final Contract is prepared and executed between us, this bid, together
with your written acceptance of the bid and your notification of award, shall constitute a
binding contract between us. We understand that you are not bound to accept the lowest or
any bid you may receive.
Dated this [ insert: ordinal ] day of [ insert: month ], [ insert: year ].
Signed:
Date:
In the capacity of [ insert: title or position ]
Duly authorized to sign this bid for and on behalf of [ insert: name of Bidder ]
ENCLOSURES:
Price Schedules
Bid-Securing Declaration or Bid-Security (if and as required)
Signature Authorization [plus, in the case of a Consortium / Joint Venture Bidder, list
all other authorizations pursuant to ITB Clause 6.2]
Attachment 1. Bidder’s Eligibility
Attachment 2. Bidder’s Qualifications (including Manufacturer’s Authorizations and
Subcontractor agreements if and as required)
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Section VII. Sample Forms
Attachment 3. Eligibility of Goods and Services
Attachment 4. Conformity of the Information System to the Bidding Documents
Attachment 5. Proposed Subcontractors
Attachment 6. Intellectual Property (Software and Materials Lists)
[if appropriate, specify further attachments or other enclosures]
Section VII. Sample Forms
239
Bid Table of Contents and Checklist
Note: Purchasers should expand and modify (as appropriate) the following table to reflect the
required elements of the Bidder’s bid. As the following note to Bidders explains, it is in both the
Purchaser’s and Bidder’s interest to provide this table and accurately fill it out.
Note: Bidders should expand and (if appropriate) modify and complete the following table.
The purpose of the table is to provide the Bidder with a summary checklist of items that must
be included in the bid as described in ITB Clauses 13.1 and 16, in order for the bid to be
considered for Contract award. The table also provides a summary page reference scheme to
ease and speed the Purchaser’s bid evaluation process.
Item
Bid Submission Form ....................................................
Price Schedules ..............................................................
Bid-Securing Declaration / Bid-Security (if and as
required) ........................................................................
Signature Authorization (for Joint Ventures additionally
including the authorizations listed in ITB Clause 6.2) ....
Attachment 1 .................................................................
Attachment 2 .................................................................
Manufacturer’s Authorizations .................................
Subcontractor agreements ........................................
Attachment 3 .................................................................
Attachment 4 .................................................................
Attachment 5 .................................................................
Attachment 6 .................................................................
......................................................................................
present: y/n
page no.
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Section VII. Sample Forms
2. PRICE SCHEDULE FORMS
Note: in information systems procurement, the Contract Price (and payment schedule) should be
linked as much as possible to achievement of operational capabilities, not just to the physical delivery
of technology.
Section VII. Sample Forms
241
2.1
Preamble
Note: Purchasers should highlight any special requirements of the System and Contract in a
Preamble to the Price Schedules. The following is an example of one such preamble.
General
1.
The Price Schedules are divided into separate Schedules as follows:
2.2
Grand Summary Cost Table
2.3
Supply and Installation Cost Summary Table
2.4
Recurrent Cost Summary Table
2.5
Supply and Installation Cost Sub-Table(s)
2.6
Recurrent Cost Sub-Tables(s)
2.7
Country of Origin Code Table
[ insert: any other Schedules as appropriate ]
2.
The Schedules do not generally give a full description of the information technologies
to be supplied, installed, and operationally accepted, or the Services to be performed
under each item. However, it is assumed that Bidders shall have read the Technical
Requirements and other sections of these Bidding Documents to ascertain the full scope
of the requirements associated with each item prior to filling in the rates and prices.
The quoted rates and prices shall be deemed to cover the full scope of these Technical
Requirements, as well as overhead and profit.
3.
If Bidders are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Bidders in the Bidding Documents
prior to submitting their bid.
Pricing
4.
Prices shall be filled in indelible ink, and any alterations necessary due to errors, etc.,
shall be initialed by the Bidder. As specified in the Bid Data Sheet, prices shall be
fixed and firm for the duration of the Contract.
5.
Bid prices shall be quoted in the manner indicated and in the currencies specified in
ITB Clauses 14 and 15 (ITB Clauses 27 and 28 in the two-stage SBD). Prices must
correspond to items of the scope and quality defined in the Technical Requirements or
elsewhere in these Bidding Documents.
6.
The Bidder must exercise great care in preparing its calculations, since there is no
opportunity to correct errors once the deadline for submission of bids has passed. A
single error in specifying a unit price can therefore change a Bidder’s overall total bid
price substantially, make the bid noncompetitive, or subject the Bidder to possible loss.
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Section VII. Sample Forms
The Purchaser will correct any arithmetic error in accordance with the provisions of
ITB Clause 26.2 (ITB Clause 38.2 in the two-stage SBD).
7.
Payments will be made to the Supplier in the currency or currencies indicated under
each respective item. As specified in ITB Clause 15.1 (ITB Clause 28.1 in the twostage SBD), no more than three foreign currencies may be used. The price of an item
should be unique regardless of installation site.
Section VII. Sample Forms
243
Form F1
I. Summary of Cost Components Table for Total Solution:
Slno
Description
1a
Solution Cost
1b
Applicable taxes
1c
Sub Total Solution Cost
2b
Services Cost
2b
Applicable taxes
2c
Sub Total Services Cost
3a
Total Cost Excluding Taxes (1a+2a)
3b
Total Cost including taxes (1c+2c)
Cost in INR
Total bid value(3b) in Rs. ______________________________________
Total bid value (3b) in word. ___________________________________
·
The prices quoted above should be inclusive of all taxes.
Place:
Date :
Bidder’s signature
and seal.
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Section VII. Sample Forms
Form # F2 - A
II. Break-up costs of Components, Table for Cost of Solution:
Slno
Description
Cost in INR Cost
in
for
First INR for 15
Location
additional
Locations
Discount in
INR for 15
additional
Locations
(c)
(a)
(b)
1
Application Solution – Licenses
( if product) / One time
Development cost ( for fresh
development)
(Sum
of
1a+1b+1c)
1a
Building
Permissions
(
Commercial,
Residential,
Industrial, NOCs and others)
1b
Lay out plan approval system
2
System software Licenses (
Provide Bill of materials and
Break-up)
3
Training Cost
4
Total Solution cost ( 1+2+3)
5
Sum of All Taxes for 1,2 and 3
6
Total Solution With Taxes
LUMPSUM
in words____________________________________________________
·
The prices quoted above should be inclusive of all taxes.
Final
Amount for
all
16
Locations
after
Discount
(d)
=
(a)+(b)-(c)
Section VII. Sample Forms
245
·
Should be the same as the Line item 1C in Form F1
·
Solution being developed for first time should be Lump sum
·
If a product is being deployed it shall be at a per location License.
·
In case volume discounts are given indicate in discounts column
·
Application solution is cloud based and comes along with Mobile app for citizen
Place:
Bidder’s signature
Date :
and seal.
Note : 1. Bidder can include additional computational tables for clarification.
1. Training costs are included as a part of solution cost
246
Section VII. Sample Forms
Form # F2 - B
II. Break-up costs of System Software
Table for Cost of Break-up
Slno
System software
Description
Number
Licenses
of Unit Price
Total
Price
for
16
locations
1
2
3
4
5
6
7
Total System software Cost
Taxes
-
-
Total System software including taxes
-
in words____________________________________________________
Place:
Date :
Bidder’s signature
and seal.
Note : 1. Bidder should include databases, OS and any other third party licenses for the
execution of the Application Software
Section VII. Sample Forms
247
Form # F2 - C
II. Break-up costs of Training
Table for Cost of Break-up
Slno
Name of the program
Location
Number
Price
per Amount
of Batches batch in INR
INR
1
2
3
4
5
6
7
Total Training Cost
Taxes
Total training
including Taxes
cost
in words____________________________________________________
Place:
Date :
Bidder’s signature
and seal.
Note : 1. Bidder should include databases, OS and any other third party licenses for the
execution of the Application Software
in
248
Section VII. Sample Forms
Form # F2 - D
II. Costs for Additional Training
Slno
Name of the program
1
Number of Amount
Participants INR
per Batch
in
20
2
Taxes
3
Total
Cost
per
additional batch for
training
in words____________________________________________________
Place:
Date :
Bidder’s signature
and seal.
Section VII. Sample Forms
249
Form # F2 - E
II. Break-up costs of Application Development For Municipalities
In case of Fresh Development
Slno
Description
Cost in INR
1
Application
software
Municipalities ( Lumpsum)
2
Taxes
3
Total Cost
for
(OR)
In case of Product
Slno
Description
Cost
in
INR
for
First
Location
Cost
in
INR for 95
additional
Locations
Discount in
INR for 95
additional
Locations
(c)
(a)
1
Application Solution
Municipalities
3
Taxes
4
Total Cost With Taxes
–
(b)
for
In words____________________________________________________
Place:
Date :
Bidder’s signature
and seal.
Final
Amount for
all
95
Locations
after
Discount
(d)
=
(a)+(b)-(c)
250
Section VII. Sample Forms
NOTE: THIS FORM IS NOT USED FOR FINANCIAL EVALUATION. THIS
AMOUNT SHOULD NOT BE INCLUDED INTO THE TOTAL SOLUTION COST
Form # F3
II. Break-up costs of Components Table for Cost of Services:
Slno
Description of Costs
Cost in INR
A
Consulting and BPR services
B
Implementation Services, Handholding
parallel run services for Go-Live
C
Data Services ( Data Migration from a cut-off
date)
D
Operations Support Services
E
Maintenance Services (On-site +Help Desk)
and
Total Services (A+B+C+D+E)
Taxes
Total Including Taxes
in words____________________________________________________
This amount should be the same as in the line item 2C of Form F1
Place:
Date :
Bidder’s signature
and seal.
Section VII. Sample Forms
251
Note : For each service the following break-up is required
Form # F3 ( A)
Slno
Service name
Number
of staff
Unit Cost
Yy
x,x,xx,xxx
In INR
Duration
Months
in Total Cost
in INR
Example
1
Consulting
Xx
zz,zz,zzz
Form # F3 ( B)
Slno
Service name
Number
of staff
Unit Cost
Yy
x,x,xx,xxx
In INR
Duration
Months
in Total Cost
in INR
Example
1
Implementation
Xx
zz,zz,zzz
Form # F3 ( C)
Slno
Service name
Number
of staff
Unit Cost
Yy
x,x,xx,xxx
In INR
Duration
Months
in Total Cost
in INR
Example
1
Data
Xx
zz,zz,zzz
Form # F3 ( D)
Slno
Example
Service name
Number
of staff
Unit Cost
In INR
Duration
Months
in Total Cost
in INR
252
Section VII. Sample Forms
1
Operational
Yy
x,x,xx,xxx
Xx
zz,zz,zzz
Form # F3 ( E)
Slno
Service name
Number
of staff
Unit Cost
Yy
x,x,xx,xxx
In INR
Duration
Months
in Total Cost
in INR
Example
1
Maintenance
Xx
zz,zz,zzz
Form # F3 - F
II. Costs for Additional Manpower
Slno
Activity
1
Consulting BPR
2
Implementation
3
Operational support
4
Maintenance support
5
Data Support
Additional
Tax
cost
per
person
in
INR
Total
Amount per
person
per
man month
in words____________________________________________________
Place:
Date :
Bidder’s signature
and seal.
Section VII. Sample Forms
253
3. OTHER BID FORMS AND LISTS
254
Section VII. Sample Forms
3.1
Manufacturer’s Authorization
Invitation for Bids Title and No.:
[If applicable:] Lot, Slice, Subsystem No(s).:
To: ________________________________
WHEREAS _______________________________________ who are official producers of
_______________________________________________ and having production facilities at
__________________________________________________________ do hereby authorize
__________________________________________________________________ located at
_____________________________________________________ (hereinafter, the “Bidder”)
to submit a bid and subsequently negotiate and sign a Contract with you for resale of the
following Products produced by us:
.
We hereby confirm that, in case the bidding results in a Contract between you and the
Bidder, the above-listed products will come with our full standard warranty.
Name
In the capacity of
Signed
Duly authorized to sign the authorization for and on behalf of : ________________________
Dated on _______________________________ day of ______________________, ______.
Note: This authorization should be written on the letterhead of the Manufacturer and be signed by a
person with the proper authority to sign documents that are binding on the Manufacturer.
Section VII. Sample Forms
255
3.2
Item
List of Proposed Subcontractors
Proposed Subcontractor
Place of Registration &
Qualifications
256
Section VII. Sample Forms
3.3
Software List
(select one per item)
Software Item
System
Software
GeneralPurpose
Software
Application
Software
(select one per item)
Standard
Software
Custom
Software
Section VII. Sample Forms
257
3.4
List of Custom Materials
Custom Materials
258
Section VII. Sample Forms
3.5.1 General Information Form
All individual firms and each partner of a Joint Venture that are bidding must complete the
information in this form. Nationality information should be provided for all owners or
Bidders that are partnerships or individually owned firms.
Where the Bidder proposes to use named Subcontractors for highly specialized components
of the Information System, the following information should also be supplied for the
Subcontractor(s), together with the information in Forms 3.5.2, 3.5.3, 3.5.3a, 3.5.4, and 3.5.5.
Joint Ventures must also fill out Form 3.5.2a.
1.
Name of firm
2.
Head office address
3.
Telephone
Contact
4.
Fax
Telex
5.
Place of incorporation / registration
Year of incorporation / registration
Nationality of owners¹
Name
Nationality
1.
2.
3.
4.
5.
¹/
To be completed by all owners of partnerships or individually owned firms.
Section VII. Sample Forms
259
3.5.2 General Information Systems Experience Record
Name of Bidder or partner of a Joint Venture
All individual firms and all partners of a Joint Venture must complete the information in this
form with regard to the management of Information Systems contracts generally. The
information supplied should be the annual turnover of the Bidder (or each member of a Joint
Venture), in terms of the amounts billed to clients for each year for work in progress or
completed, converted to U.S. dollars at the rate of exchange at the end of the period reported.
The annual periods should be calendar years, with partial accounting for the year up to the
date of submission of applications. This form may be included for Subcontractors only if the
Bid Data Sheet for ITB Clause 6.1 (a) explicitly permits experience and resources of (certain)
Subcontractors to contribute to the Bidder’s qualifications.
A brief note on each contract should be appended, describing the nature of the Information
System, duration and amount of contract, managerial arrangements, purchaser, and other
relevant details.
Use a separate page for each partner of a Joint Venture, and number these pages.
Bidders should not enclose testimonials, certificates, and publicity material with their
applications; they will not be taken into account in the evaluation of qualifications.
Annual turnover data (applicable activities only)
Year¹
Turnover
US$ equivalent
1.
2.
3.
4.
5.
¹/
Commencing with the partial year up to the date of submission of bids
260
Section VII. Sample Forms
3.5.2a Consortium / Joint Venture Summary
Names of all partners of a Joint Venture
1. Partner in charge
2. Partner
3. Partner
4. Partner
5. Partner
6. etc.
Total value of annual turnover, in terms of Information System billed to clients, in US$
equivalent, converted at the rate of exchange at the end of the period reported:
Annual turnover data (applicable activities only; US$ equivalent)
Partner
1. Partner
in charge
2. Partner
3. Partner
4. Partner
5. Partner
6. Etc.
Totals
Form
Year 1
3.5.2
page no.
Year 2
Year 3
Year 4
Year 5
Section VII. Sample Forms
261
3.5.3 Particular Information Systems Experience Record
Name of Bidder or partner of a Joint Venture
On separate pages, using the format of Form 3.5.3a, the Bidder is requested to list contracts
of a similar nature, complexity, and requiring similar information technology and
methodologies to the contract or contracts for which these Bidding Documents are issued,
and which the Bidder has undertaken during the period, and of the number, specified in the
BDS for ITB Clause 6.1 (a). Each partner of a Joint Venture should separately provide
details of its own relevant contracts. The contract value should be based on the payment
currencies of the contracts converted into U.S. dollars, at the date of substantial completion,
or for ongoing contracts at the time of award.
262
Section VII. Sample Forms
3.5.3a Details of Contracts of Similar Nature and Complexity
Name of Bidder or partner of a Joint Venture
Use a separate sheet for each contract.
1.
Number of contract
Name of contract
Country
2.
Name of Purchaser
3.
Purchaser address
4.
Nature of Information Systems and special features relevant to the contract for which the
Bidding Documents are issued
5.
Contract role (check one)
‚Prime Supplier
‚
Management Contractor
‚ Subcontractor
‚ Partner in a
Joint Venture
6.
Amount of the total contract/subcontract/partner share (in specified currencies at completion,
or at date of award for current contracts)
Currency
7.
Currency
Currency
Subcontract: $_______;
Partner share: $_______;
Equivalent amount US$
Total contract: $_______;
8.
Date of award/completion
9.
Contract was completed _____ months ahead/behind original schedule (if behind, provide
explanation).
10.
Contract was completed US$ _________ equivalent under/over original contract amount (if
over, provide explanation).
11.
Special contractual/technical requirements.
12.
Indicate the approximate percent of total contract value (and US$ amount) of Information
System undertaken by subcontract, if any, and the nature of such Information System.
Section VII. Sample Forms
263
3.5.4 Summary Sheet: Current Contract Commitments / Work in
Progress
Name of Bidder or partner of a Joint Venture
Bidders and each partner to an Joint Venture bid should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
Name of contract
1.
2.
3.
4.
5.
etc.
Purchaser,
contact
address/tel./fax
Value of
outstanding
Information
System (current
US$ equivalent)
Estimated
completion date
Average monthly
invoicing over last
six months
(US$/month)
264
Section VII. Sample Forms
3.5.5 Financial Capabilities
Name of Bidder or partner of a Joint Venture
Bidders, including each partner of a Joint Venture, shall provide financial information to
demonstrate that they meet the requirements stated in the BDS for ITB Clause 6.1 (a). Each
Bidder or partner of a Joint Venture shall complete this form. If necessary, separate sheets
shall be used to provide complete banker information. A copy of the audited balance sheets
shall be attached.
Autonomous subdivisions of parent conglomerate businesses shall submit financial
information related only to the particular activities of the subdivision.
Banker
Name of banker
Address of banker
Telephone
Contact name and title
Fax
Telex
Summarize actual assets and liabilities in U.S. dollar equivalent (at the rates of exchange
current at the end of each year) for the previous five calendar years. Based upon known
commitments, summarize projected assets and liabilities in U.S. dollar equivalent for the next
two calendar years, unless the withholding of such information by stock market listed public
companies can be substantiated by the Bidder.
Financial
information in
US$ equivalent
Actual:
Projected:
Previous five years
Next two years
5
1. Total assets
2. Current assets
3. Total
liabilities
4. Current
liabilities
5. Profits before
taxes
6. Profits after
taxes
4
3
2
1
1
2
Section VII. Sample Forms
265
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines
of credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in the BDS
for ITB Clause 6.1 (a).
Source of financing
Amount (US$ equivalent)
1.
2.
3.
4.
Attach audited financial statements—including, as a minimum, profit and loss account,
balance sheet, and explanatory notes—for the period stated in the BDS for ITB Clause 6.1 (a)
(for the individual Bidder or each partner of a Joint Venture).
If audits are not required by the laws of Bidders' countries of origin, partnerships and firms
owned by individuals may submit their balance sheets certified by a registered accountant,
and supported by copies of tax returns,
266
Section VII. Sample Forms
3.5.6 Personnel Capabilities
Name of Bidder
For specific positions essential to contract management and implementation (and/or those
specified in the Bidding Documents, if any), Bidders should provide the names of at least
two candidates qualified to meet the specified requirements stated for each position. The
data on their experience should be supplied on separate sheets using one Form 3.5.6a for
each candidate.
Bidders may propose alternative management and implementation arrangements requiring
different key personnel, whose experience records should be provided.
1.
Title of position
Name of prime candidate
Name of alternate candidate
2.
Title of position
Name of prime candidate
Name of alternate candidate
3.
Title of position
Name of prime candidate
Name of alternate candidate
4.
Title of position
Name of prime candidate
Name of alternate candidate
Section VII. Sample Forms
267
3.5.6a Candidate Summary
Name of Bidder
Position
Candidate
‚
Candidate
information
Name of candidate
Prime
‚
Alternate
Date of birth
Professional qualifications
Present
employment
Name of Employer
Address of Employer
Telephone
Contact (manager / personnel officer)
Fax
Telex
Job title of candidate
Years with present Employer
Summarize professional experience over the last twenty years, in reverse chronological
order. Indicate particular technical and managerial experience relevant to the project.
From
To
Company/Project/ Position/Relevant technical and management experience
268
Section VII. Sample Forms
3.5.7 Technical Capabilities
Name of Bidder
The Bidder shall provide adequate information to demonstrate clearly that it has the technical
capability to meet the requirements for the Information System. With this form, the Bidder
should summarize important certifications, proprietary methodologies, and/or specialized
technologies which the Bidder proposes to utilize in the execution of the Contract or
Contracts.
Section VII. Sample Forms
269
3.5.8 Litigation History
Name of Bidder or partner of a Joint Venture
Bidders, including each of the partners of a Joint Venture, shall provide information on any
history of litigation or arbitration resulting from contracts executed in the last five years or
currently under execution. A separate sheet should be used for each partner of a Joint
Venture.
Year
Award FOR Name of client, cause of litigation, and matter in Disputed
amount
or AGAINST dispute
(current value, US$
Bidder
equivalent)
270
Section VII. Sample Forms
4. BID-SECURING DECLARATION
IFB: 009/APMDP/2015/TU
To: Commissioner & Director Municipal Administration
We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-Securing
Declaration.
We accept that we, and in the case of a Joint Venture all partners to it, will automatically be
suspended from being eligible for participating in bidding for any contract with you for the
period of time of [Purchaser insert: number of months or years], in case of, and starting
from the date of, breaching our obligation(s) under the bidding conditions due to:
(a)
withdrawing our bid, or any part of our bid, during the period of bid validity specified
in the Bid Submission Form or any extension of the period of bid validity which we
subsequently agreed to; or
(b)
having been notified of the acceptance of our bid by you during the period of bid
validity, (i) failing or refusing to execute the Contract Agreement, or (ii) failing or
refusing to furnish the performance security, if required, in accordance with the
Instructions to Bidders.
We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful
Bidder; or (ii) twenty-eight days after the expiration of the period of bid validity.
If the submission of alternative bids was permitted, and in case we did submit one or more
alternative bids, this Bid-Securing Declaration applies to these parts of our bid as well.
Signed: [insert: signature of person whose name and capacity are shown below]
Name: [insert: name of person signing the Bid-Securing Declaration], in the capacity of
[insert: legal capacity of person signing the Bid-Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert: name of Bidder]
Dated on ____________ day of __________________, 20__
[add Corporate Seal (where appropriate)]
Section VII. Sample Forms
271
[Note to Bidders: Joint Ventures need to ensure that, their Bid-Securing Declaration meets the requirements for
Joint Ventures as stated in the ITB Clause on "Securing the Bid".]
272
Section VII. Sample Forms
4A. BID SECURITY (BANK GUARANTEE)
________________________________
[insert: Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [insert: Name and Address of Purchaser]
Date: [insert: date]
BID GUARANTEE No.: [insert: Bid Guarantee Number]
We have been informed that [insert: name of the Bidder] (hereinafter called "the Bidder")
has submitted to you its bid dated [insert: bid date] (hereinafter called "the Bid") for the
execution of [insert: name of contract] under Invitation for Bids No. [insert: IFB number].
Furthermore, we understand that, according to your conditions, bids must be supported by a
bid guarantee, and that the bid guarantee automatically covers any alternative bids included
in the Bid, if the Bidder is permitted to offer alternatives and does so.
At the request of the Bidder, we [insert: name of Bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [insert: amount in figures]
([insert: amount in words]) upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Bidder is in breach of its obligation(s) under the bid
conditions, because the Bidder:
(a)
has withdrawn the Bid (or any parts of it) during the period of bid validity specified
by the Bidder in the Bid Submission Form or any extension of the period of bid
validity which the Bidder subsequently agreed to; or
(b)
having been notified of the acceptance of the Bid by you during the period of bid
validity, (i) failed or refused to execute the Contract Agreement, or (ii) failed or
refused to furnish the performance security, if required, in accordance with the
Instructions to Bidders.
This guarantee will expire: (a) if the Bidder is the successful bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier
of (i) our receipt of a copy of your notification to the Bidder of the name of the successful
bidder; or (ii) twenty-eight days after the expiration of the Bid's validity.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
Section VII. Sample Forms
273
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________________
[Signature(s)]
[Note to Bidders: Instructions on amount and currency can be found in the ITB Clause and BDS for "Securing
the Bid." Joint Ventures need to also ensure that their Bank Guarantee meets the requirements for Joint
Ventures as provided in the same Clause.]
274
Section VII. Sample Forms
4B. BID SECURITY (BID BOND)
BOND NO.: ______________________
BY THIS BOND, [insert: name of Bidder] as Principal (hereinafter called “the Principal”),
and [insert: name, legal title, and address of surety], authorized to transact business in
[insert: name of Purchaser's country], as Surety (hereinafter called “the Surety”), are held
and firmly bound unto [insert name of Purchaser] as Obligee (hereinafter called “the
Purchaser”) in the sum of [insert amount of Bond in currency, figures and words], for the
payment of which sum, well and truly to be made, we, the said Principal and Surety, bind
ourselves, our successors and assigns, jointly and severally, firmly by these presents.
WHEREAS the Principal has submitted a written bid to the Purchaser dated the ___ day of
______, 20__, for the execution of [insert: name of contract] (hereinafter called "the Bid”).
If the Principal was permitted by the bidding conditions to submit alternative bid(s) and did
so, then these are deemed part of the Bid and thus covered by this Bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Principal:
(a)
withdraws the Bid (or any parts of it) during the period of the Bid's validity specified
in the Bid Submission Form, or any extension of the period of the Bid's validity the
Principal subsequently agreed to, notice of which to the Surety is hereby waived; or
(b)
having been notified of the acceptance of the Bid by the Purchaser during the period
of the Bid's validity, (i) fails or refuses to execute the Contract Agreement, or (ii) fails
or refuses to furnish the performance security, if required, in accordance with the
Instructions to Bidders;
then the Surety undertakes to immediately pay to the Purchaser up to the above amount upon
receipt of the Purchaser's first written demand, without the Purchaser having to substantiate
its demand, provided that in its demand the Purchaser shall state that the demand arises from
the occurrence of any of the above events, specifying which event(s) has/have occurred.
The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid's validity.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
Principal: _______________________
Surety: ______________________________
[add Corporate Seal(s) (where appropriate)]
_______________________________
____________________________________
[Signature]
[Signature]
_______________________________
____________________________________
[state: printed name and title]
[state: printed name and title]
[Note to Bidders: Instructions on amount and currency can be found in the ITB Clause and BDS for "Securing
the Bid." Joint Ventures need to also ensure that their Bid Bond meets the requirements for Joint Ventures as
provided in the same Clause.]
Section VII. Sample Forms
275
5. CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is made
the [ insert: ordinal ] day of [ insert: month ], [ insert: year ].
BETWEEN
(1)
[ insert: Name of Purchaser ], a [ insert: description of type of legal entity,
for example, an agency of the Ministry of . . . ] of the Government of
[ insert: country of Purchaser ], or corporation incorporated under the laws
of [ insert: country of Purchaser ] and having its principal place of business
at [ insert: address of Purchaser ] (hereinafter called “the Purchaser”), and
(2)
[ insert: name of Supplier], a corporation incorporated under the laws of
[ insert: country of Supplier] and having its principal place of business at
[ insert: address of Supplier ] (hereinafter called “the Supplier”).
WHEREAS the Purchaser desires to engage the Supplier to supply, install, achieve
Operational Acceptance of, and support the following Information System [ insert: brief
description of the Information System ] (“the System”), and the Supplier has agreed to such
engagement upon and subject to the terms and conditions appearing below in this Contract
Agreement.
NOW IT IS HEREBY AGREED as follows:
Article 1.
Contract
Documents
1.1
Contract Documents (Reference GCC Clause 1.1 (a) (ii))
The following documents shall constitute the Contract between
the Purchaser and the Supplier, and each shall be read and
construed as an integral part of the Contract:
(a)
This Contract Agreement and the Appendices attached to
the Contract Agreement
(b)
Special Conditions of Contract
(c)
General Conditions of Contract
(d)
Technical Requirements (including Implementation
Schedule)
(e)
The Supplier’s bid and original Price Schedules
(f)
[ Add here: any other documents ]
276
Section VII. Sample Forms
1.2
Order of Precedence (Reference GCC Clause 2)
In the event of any ambiguity or conflict between the Contract
Documents listed above, the order of precedence shall be the
order in which the Contract Documents are listed in Article 1.1
(Contract Documents) above, provided that Appendix 7 shall
prevail over all provisions of the Contract Agreement and the
other Appendices attached to the Contract Agreement and all the
other Contract Documents listed in Article 1.1 above.
1.3
Definitions (Reference GCC Clause 1)
Capitalized words and phrases used in this Contract Agreement
shall have the same meanings as are ascribed to them in the
General Conditions of Contract.
Article 2.
2.1
Contract Price
and Terms of
Payment
Contract Price (Reference GCC Clause 1.1(a)(viii) and GCC
Clause 11)
The Purchaser hereby agrees to pay to the Supplier the Contract
Price in consideration of the performance by the Supplier of its
obligations under the Contract. The Contract Price shall be the
aggregate of: [ insert: amount of foreign currency A in
words ], [insert: amount in figures ], plus [ insert: amount of
foreign currency B in words ], [insert: amount in figures ],
plus [ insert: amount of foreign currency C in words ], [insert:
amount in figures ], [ insert: amount of local currency in
words ], [ insert: amount in figures ], as specified in the Grand
Summary Price Schedule.
The Contract Price shall be understood to reflect the terms and
conditions used in the specification of prices in the detailed price
schedules, including the terms and conditions of the associated
Incoterms, and the taxes, duties and related levies if and as
identified.
Article 3.
Effective Date
for
Determining
Time for
Operational
Acceptance
3.1
Effective Date (Reference GCC Clause 1.1 (e) (ix))
The time allowed for supply, installation, and achieving
Operational Acceptance of the System shall be determined from
the date when all of the following conditions have been fulfilled:
(a)
This Contract Agreement has been duly executed for and
on behalf of the Purchaser and the Supplier;
(b)
The Supplier has submitted to the Purchaser the
performance security and the advance payment security, in
accordance with GCC Clause 13.2 and GCC Clause 13.3;
(c)
The Purchaser has paid the Supplier the advance payment,
in accordance with GCC Clause 12;
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277
(d)
[ specify here: any other conditions, for example,
opening/confirmation of letter of credit ].
Each party shall use its best efforts to fulfill the above conditions
for which it is responsible as soon as practicable.
Article 4.
3.2
If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of this Contract Agreement because of
reasons not attributable to the Supplier, the parties shall discuss
and agree on an equitable adjustment to the Contract Price and
the Time for Achieving Operational Acceptance and/or other
relevant conditions of the Contract.
4.1
The Appendixes listed below shall be deemed to form an
integral part of this Contract Agreement.
4.2
Reference in the Contract to any Appendix shall mean the
Appendixes listed below and attached to this Contract
Agreement, and the Contract shall be read and construed
accordingly.
Appendixes
APPENDIXES
Appendix 1.
Appendix 2.
Appendix 3.
Appendix 4.
Appendix 5.
Appendix 6.
Appendix 7.
Supplier’s Representative
Adjudicator [if there is no Adjudicator, state “not applicable”]
List of Approved Subcontractors
Categories of Software
Custom Materials
Revised Price Schedules (if any)
Minutes of Contract Finalization Discussions and Agreed-to Contract
Amendments
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IN WITNESS WHEREOF the Purchaser and the Supplier have caused this Agreement to be
duly executed by their duly authorized representatives the day and year first above written.
For and on behalf of the Purchaser
Signed:
in the capacity of [ insert: title or other appropriate designation ]
in the presence of
For and on behalf of the Supplier
Signed:
in the capacity of [ insert: title or other appropriate designation ]
in the presence of
CONTRACT AGREEMENT
dated the [ insert: number ] day of [ insert: month ], [ insert: year ]
BETWEEN
[ insert: name of Purchaser ], “the Purchaser”
and
[ insert: name of Supplier ], “the Supplier”
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279
Appendix 1. Supplier’s Representative
In accordance with GCC Clause 1.1 (b) (iv), the Supplier’s Representative is:
Name:
[ insert: name and provide title and address further below, or state “to be
nominated within fourteen (14) days of the Effective Date” ]
Title:
[ if appropriate, insert: title ]
In accordance with GCC Clause 4.3, the Supplier's addresses for notices under the Contract
are:
Address of the Supplier's Representative: [ as appropriate, insert: personal delivery,
postal, cable, telegraph, telex, facsimile, electronic mail, and/or EDI addresses. ]
Fallback address of the Supplier: [ as appropriate, insert: personal delivery, postal,
cable, telegraph, telex, facsimile, electronic mail, and/or EDI addresses. ]
280
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Appendix 2. Adjudicator
In accordance with GCC Clause 1.1 (b) (vi), the agreed-upon Adjudicator is:
Name: [ insert: name ]
Title: [ insert: title ]
Address: [ insert: postal address ]
Telephone: [ insert: telephone ]
In accordance with GCC Clause 6.1.3, the agreed-upon fees and reimbursable expenses are:
Hourly Fees: [ insert: hourly fees ]
Reimbursable Expenses: [ list: reimbursables ]
Pursuant to GCC Clause 6.1.4, if at the time of Contract signing, agreement has not been
reached between the Purchaser and the Supplier, an Adjudicator will be appointed by the
Appointing Authority named in the SCC.
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281
Appendix 3. List of Approved Subcontractors
The Purchaser has approved use of the following Subcontractors nominated by the Supplier
for carrying out the item or component of the System indicated. Where more than one
Subcontractor is listed, the Supplier is free to choose between them, but it must notify the
Purchaser of its choice sufficiently in advance of the time when the subcontracted work
needs to commence to give the Purchaser reasonable time for review. In accordance with
GCC Clause 20.1, the Supplier is free to submit proposals for Subcontractors for additional
items from time to time. No subcontracts shall be placed with any such Subcontractors for
additional items until the Subcontractors have been approved in writing by the Purchaser and
their names have been added to this list of Approved Subcontractors, subject to GCC
Clause 20.3.
[ specify: item, approved Subcontractors, and their place of registration that the Supplier
proposed in the corresponding attachment to its bid and that the Purchaser approves that
the Supplier engage during the performance of the Contract. Add additional pages as
necessary. ]
Item
Approved Subcontractors
Place of Registration
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Appendix 4. Categories of Software
The following table assigns each item of Software supplied and installed under the Contract
to one of the three categories: (i) System Software, (ii) General-Purpose Software, or
(iii) Application Software; and to one of the two categories: (i) Standard Software or
(ii) Custom Software.
(select one per item)
Software Item
System
Software
GeneralPurpose
Software
Application
Software
(select one per item)
Standard
Software
Custom
Software
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283
Appendix 5. Custom Materials
The follow table specifies the Custom Materials the Supplier will provide under the Contract.
Custom Materials
284
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Appendix 6. Revised Price Schedules
The attached Revised Price Schedules (if any) shall form part of this Contract Agreement
and, where differences exist, shall supersede the Price Schedules contained in the Supplier’s
Bid. These Revised Price Schedules reflect any corrections or adjustments to the Supplier’s
bid price, pursuant to the ITB Clauses 18.3, 26.2, and 33.1 (ITB Clauses 30.3, 38.2, and 45.1
in the two-stage SBD).
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285
Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to
Contract Amendments
The attached Contract amendments (if any) shall form part of this Contract Agreement and,
where differences exist, shall supersede the relevant clauses in the GCC, SCC, Technical
Requirements, or other parts of this Contract as defined in GCC Clause 1.1 (a) (ii).
286
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6. PERFORMANCE AND ADVANCE PAYMENT SECURITY FORMS
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6.1
287
Performance Security Form (Bank Guarantee)
________________________________
[insert: Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [insert: Name and Address of Purchaser]
Date: [insert: date]
PERFORMANCE GUARANTEE No.: [insert: Performance Guarantee Number]
We have been informed that on [insert: date of award] you awarded Contract No. [insert:
Contract number] for [insert: title and/or brief description of the Contract] (hereinafter
called "the Contract") to [insert: complete name of Supplier] (hereinafter called "the
Supplier"). Furthermore, we understand that, according to the conditions of the Contract, a
performance guarantee is required.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert: amount(s)1 in figures and words] upon receipt by us of your first demand
in writing declaring the Supplier to be in default under the Contract, without cavil or
argument, or your needing to prove or to show grounds or reasons for your demand or the
sum specified therein.
On the date of your issuing, to the Supplier, the Operational Acceptance Certificate for the
System, the value of this guarantee will be reduced to any sum(s) not exceeding [insert:
amount(s)1 in figures and words]. This remaining guarantee shall expire no later than
[insert: number and select: of months/of years (of the Warranty Period that needs to be
covered by the remaining guarantee)] from the date of the Operational Acceptance
Certificate for the System,2 and any demand for payment under it must be received by us at
this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20 (a) is hereby excluded.
_______________________
[Signature(s)]
1
The bank shall insert the amount(s) specified and denominated in the SCC for GCC Clauses
13.3.1 and 13.3.4 respectively, either in the currency(ies) of the Contract or a freely convertible
currency acceptable to the Purchaser.
2
In this sample form, the formulation of this paragraph reflects the usual SCC provisions for GCC
Clause 13.3. However, if the SCC for GCC Clauses 13.3.1 and 13.3.4 varies from the usual
provisions, the paragraph, and possibly the previous paragraph, need to be adjusted to precisely
reflect the provisions specified in the SCC.
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6.2
Advance Payment Security Form (Bank Guarantee)
________________________________
[insert: Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [insert: Name and Address of Purchaser]
Date: [insert: date]
ADVANCE PAYMENT GUARANTEE No.:
Number]
[insert: Advance Payment Guarantee
We have been informed that on [insert: date of award] you awarded Contract No. [insert:
Contract number] for [insert: title and/or brief description of the Contract] (hereinafter
called "the Contract") to [insert: complete name of Supplier] (hereinafter called "the
Supplier"). Furthermore, we understand that, according to the conditions of the Contract, an
advance payment in the sum of [insert: amount in numbers and words, for each currency of
the advance payment] is to be made to the Supplier against an advance payment guarantee.
At the request of the Supplier, we hereby irrevocably undertake to pay you any sum or sums
not exceeding in total the amount of the advance payment referred to above, upon receipt by
us of your first demand in writing declaring that the Supplier is in breach of its obligations
under the Contract because the Supplier used the advance payment for purposes other than
toward the proper execution of the Contract.
It is a condition for any claim and payment to be made under this guarantee that the advance
payment referred to above must have been received by the Supplier on its account [insert:
number and domicile of the account].
For each payment after the advance payment, which you will make to the Supplier under this
Contract, the maximum amount of this guarantee shall be reduced by the ninth part of such
payment.1 At the time at which the amount guaranteed becomes nil, this guarantee shall
become null and void, whether the original is returned to us or not.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
______________________
[Signature(s)]
1
This sample formulation assumes an Advance Payment of 10% of the Contract Price excluding
Recurrent Costs, and implementation of the main option proposed by this SBD in the SCC for
GCC Clause 13.2.2 for gradually reducing the value of the Advance Payment Security. If the
Advance Payment is other than 10%, or if the reduction in amount of the security follows a
different approach, this paragraph would need to be adjusted and edited accordingly.
Section VII. Sample Forms
7. INSTALLATION AND ACCEPTANCE CERTIFICATES
289
290
Section VII. Sample Forms
7.1
Installation Certificate
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name and number of Contract ]
To: [ insert: name and address of Supplier ]
Dear Sir or Madam:
Pursuant to GCC Clause 26 (Installation of the System) of the Contract entered into
between yourselves and the [ insert: name of Purchaser ] (hereinafter the “Purchaser”)
dated [ insert: date of Contract ], relating to the [ insert: brief description of the
Information System ], we hereby notify you that the System (or a Subsystem or major
component thereof) was deemed to have been correctly installed on the date specified below.
1.
Description of the System (or relevant Subsystem or major component: [ insert:
description ]
2.
Date of Installation: [ insert: date ]
Notwithstanding the above, you are required to complete the outstanding items listed
in the attachment to this certificate as soon as practicable. This letter shall not relieve you of
your obligation to achieve Operational Acceptance of the System in accordance with the
Contract nor of your obligations during the Warranty Period.
For and on behalf of the Purchaser
Signed:
Date:
in the capacity of: [ state: “Project Manager” or state the title of a higher level authority
in the Purchaser’s organization ]
Section VII. Sample Forms
7.2
291
Operational Acceptance Certificate
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name and address of Supplier ]
Dear Sir or Madam:
Pursuant to GCC Clause 27 (Commissioning and Operational Acceptance) of the
Contract entered into between yourselves and the [ insert: name of Purchaser ] (hereinafter
the “Purchaser”) dated [ insert: date of Contract ], relating to the [ insert: brief description
of the Information System ], we hereby notify you the System (or the Subsystem or major
component identified below) successfully completed the Operational Acceptance Tests
specified in the Contract. In accordance with the terms of the Contract, the Purchaser hereby
takes over the System (or the Subsystem or major component identified below), together with
the responsibility for care and custody and the risk of loss thereof on the date mentioned
below.
1.
Description of the System (or Subsystem or major component):
description ]
2.
[ insert:
Date of Operational Acceptance: [ insert: date ]
This letter shall not relieve you of your remaining performance obligations under the
Contract nor of your obligations during the Warranty Period.
For and on behalf of the Purchaser
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the Purchaser’s
organization ]
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Section VII. Sample Forms
8. CHANGE ORDER PROCEDURES AND FORMS
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name or System or Subsystem and
number of Contract ]
General
This section provides samples of procedures and forms for carrying out changes to the
System during the performance of the Contract in accordance with GCC Clause 39
(Changes to the System) of the Contract.
Change Order Log
The Supplier shall keep an up-to-date Change Order Log to show the current status of
Requests for Change and Change Orders authorized or pending. Changes shall be
entered regularly in the Change Order Log to ensure that the log is kept up-to-date. The
Supplier shall attach a copy of the current Change Order Log in the monthly progress
report to be submitted to the Purchaser.
References to Changes
(1)
(2)
(3)
(4)
(5)
Request for Change Proposals (including Application for Change Proposals) shall
be serially numbered CR-nnn.
Change Estimate Proposals shall be numbered CN-nnn.
Estimate Acceptances shall be numbered CA-nnn.
Change Proposals shall be numbered CP-nnn.
Change Orders shall be numbered CO-nnn.
On all forms, the numbering shall be determined by the original CR-nnn.
Annexes
8.1
8.2
8.3
8.4
8.5
8.6
Request for Change Proposal Form
Change Estimate Proposal Form
Estimate Acceptance Form
Change Proposal Form
Change Order Form
Application for Change Proposal Form
Section VII. Sample Forms
8.1
293
Request for Change Proposal Form
(Purchaser’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem or number
of Contract ]
To: [ insert: name of Supplier and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
With reference to the above-referenced Contract, you are requested to prepare and
submit a Change Proposal for the Change noted below in accordance with the following
instructions within [ insert: number ] days of the date of this letter.
1.
Title of Change: [ insert: title ]
2.
Request for Change No./Rev.: [ insert: number ]
3.
Originator of Change: [ select Purchaser / Supplier (by Application for Change
Proposal), and add: name of originator ]
4.
Brief Description of Change: [ insert: description ]
5.
System (or Subsystem or major component affected by requested Change): [ insert:
description ]
6.
Technical documents and/or drawings for the request of Change:
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Section VII. Sample Forms
Document or Drawing No.
Description
7.
Detailed conditions or special requirements of the requested Change:
description ]
8.
Procedures to be followed:
9.
[ insert:
(a)
Your Change Proposal will have to show what effect the requested Change will
have on the Contract Price.
(b)
Your Change Proposal shall explain the time it will take to complete the requested
Change and the impact, if any, it will have on the date when Operational
Acceptance of the entire System agreed in the Contract.
(c)
If you believe implementation of the requested Change will have a negative
impact on the quality, operability, or integrity of the System, please provide a
detailed explanation, including other approaches that might achieve the same
impact as the requested Change.
(d)
You should also indicate what impact the Change will have on the number and
mix of staff needed by the Supplier to perform the Contract.
(e)
You shall not proceed with the execution of work related to the requested Change
until we have accepted and confirmed the impact it will have on the Contract
Price and the Implementation Schedule in writing.
As next step, please respond using the Change Estimate Proposal form, indicating how
much it will cost you to prepare a concrete Change Proposal that will describe the
proposed approach for implementing the Change, all its elements, and will also address
the points in paragraph 8 above pursuant to GCC Clause 39.2.1. Your Change Estimate
Proposal should contain a first approximation of the proposed approach, and
implications for schedule and cost, of the Change.
For and on behalf of the Purchaser
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the Purchaser’s
organization ]
Section VII. Sample Forms
8.2
295
Change Estimate Proposal Form
(Supplier’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name of Purchaser and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
With reference to your Request for Change Proposal, we are pleased to notify you of
the approximate cost of preparing the below-referenced Change in accordance with GCC
Clause 39.2.1 of the Contract. We acknowledge that your agreement to the cost of preparing
the Change Proposal, in accordance with GCC Clause 39.2.2, is required before we proceed
to prepare the actual Change Proposal including a detailed estimate of the cost of
implementing the Change itself.
1.
Title of Change: [ insert: title ]
2.
Request for Change No./Rev.: [ insert: number ]
3.
Brief Description of Change (including proposed implementation approach): [ insert:
description ]
4.
Schedule Impact of Change (initial estimate): [ insert: description ]
5.
Initial Cost Estimate for Implementing the Change: [insert: initial cost estimate]
296
6.
Section VII. Sample Forms
Cost for Preparation of Change Proposal: [ insert: cost in the currencies of the
Contract ], as detailed below in the breakdown of prices, rates, and quantities.
For and on behalf of the Supplier
Signed:
Date:
in the capacity of: [ state: “Supplier’s Representative” or other higher level authority in
the Supplier’s organization ]
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297
8.3
Estimate Acceptance Form
(Purchaser’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name of Supplier and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
We hereby accept your Change Estimate and agree that you should proceed with the
preparation of a formal Change Proposal.
1.
Title of Change: [ insert: title ]
2.
Request for Change No./Rev.: [ insert: request number / revision ]
3.
Change Estimate Proposal No./Rev.: [ insert: proposal number / revision ]
4.
Estimate Acceptance No./Rev.: [ insert: estimate number / revision ]
5.
Brief Description of Change: [ insert: description ]
6.
Other Terms and Conditions:
In the event that we decide not to order the Change referenced above, you shall be
entitled to compensation for the cost of preparing the Change Proposal up to the
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amount estimated for this purpose in the Change Estimate Proposal, in accordance with
GCC Clause 39 of the General Conditions of Contract.
For and on behalf of the Purchaser
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the Purchaser’s
organization ]
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299
8.4
Change Proposal Form
(Supplier’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name of Purchaser and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
In response to your Request for Change Proposal No. [ insert: number ], we hereby
submit our proposal as follows:
1.
Title of Change: [ insert: name ]
2.
Change Proposal No./Rev.: [ insert: proposal number/revision ]
3.
Originator of Change: [ select: Purchaser / Supplier; and add: name]
4.
Brief Description of Change: [ insert: description ]
5.
Reasons for Change: [ insert: reason ]
6.
The System Subsystem, major component, or equipment that will be affected by the
requested Change: [ insert: description ]
7.
Technical documents and/or drawings for the requested Change:
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Section VII. Sample Forms
Document or Drawing No.
8.
Description
Estimate of the increase/decrease to the Contract Price resulting from the proposed
Change: [ insert: amount in currencies of Contract ], as detailed below in the
breakdown of prices, rates, and quantities.
Total lump sum cost of the Change:
Cost to prepare this Change Proposal (i.e., the amount payable if the Change is not
accepted, limited as provided by GCC Clause 39.2.6):
9.
Additional Time for Achieving Operational Acceptance required due to the Change:
[ insert: amount in days / weeks ]
10.
Effect on the Functional Guarantees: [ insert: description ]
11.
Effect on the other terms and conditions of the Contract: [ insert: description ]
12.
Validity of this Proposal: for a period of [ insert: number ] days after receipt of this
Proposal by the Purchaser
13.
Procedures to be followed:
(a)
You are requested to notify us of your acceptance, comments, or rejection of this
detailed Change Proposal within [ insert: number ] days from your receipt of this
Proposal.
(b)
The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
For and on behalf of the Supplier
Signed:
Date:
in the capacity of: [ state: “Supplier’s Representative” or other higher level authority in
the Supplier’s organization ]
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301
8.5
Change Order Form
(Purchaser’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name of Supplier and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
We hereby approve the Change Order for the work specified in Change Proposal No.
[ insert: number ], and agree to adjust the Contract Price, Time for Completion, and/or other
conditions of the Contract in accordance with GCC Clause 39 of the Contract.
1.
Title of Change: [ insert: name ]
2.
Request for Change No./Rev.: [ insert: request number / revision ]
3.
Change Order No./Rev.: [ insert: order number / revision ]
4.
Originator of Change: [ select: Purchaser / Supplier; and add: name ]
5.
Authorized Price for the Change:
Ref. No.: [ insert: number ]
Date: [ insert: date ]
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[ insert: amount in foreign currency A ] plus [ insert: amount in foreign currency
B ] plus [ insert: amount in foreign currency C ] plus [ insert: amount in local
currency ]
6.
Adjustment of Time for Achieving Operational Acceptance: [ insert: amount and
description of adjustment ]
7.
Other effects, if any: [ state: “none” or insert description ]
For and on behalf of the Purchaser
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the Purchaser’s
organization ]
For and on behalf of the Supplier
Signed:
Date:
in the capacity of: [ state “Supplier’s Representative” or higher level authority in the
Supplier’s organization ]
Section VII. Sample Forms
8.6
303
Application for Change Proposal Form
(Supplier’s Letterhead)
Date: [ insert: date ]
Loan/Credit Number: 7816-IN
IFB: 009/APMDP/2015/TU
Contract: [ insert: name of System or Subsystem and
number of Contract ]
To: [ insert: name of Purchaser and address ]
Attention: [ insert: name and title ]
Dear Sir or Madam:
We hereby propose that the below-mentioned work be treated as a Change to the
System.
1.
Title of Change: [ insert: name ]
2.
Application for Change Proposal No./Rev.:
[ insert: date ]
3.
Brief Description of Change: [ insert: description ]
4.
Reasons for Change: [ insert: description ]
5.
Order of Magnitude Estimation: [ insert: amount in currencies of the Contract ]
6.
Schedule Impact of Change: [ insert: description ]
7.
Effect on Functional Guarantees, if any: [ insert: description ]
[ insert:
number / revision] dated:
304
8.
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Appendix: [ insert: titles (if any); otherwise state “none” ]
For and on behalf of the Supplier
Signed:
Date:
in the capacity of: [ state: “Supplier’s Representative” or higher level authority in the
Supplier’s organization ]
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