international competitive bidding bidding document … · to certify in their bids that all...

Republic of Ghana

MINISTRY OF COMMUNICATIONS

INTERNATIONAL COMPETITIVE BIDDING

BIDDING DOCUMENT (SINGLE-STAGE)

Issued on: January 14, 2019

For the

Procurement of an

Integrated Information Management System for the

Office of the Attorney General and Ministry of

Justice of Ghana

IFB No: eTransform/RComp/3.6.4

CONTENTS

Invitation for Bids (IFB) ..........................................................................................................1

Section I. Instructions to Bidders (ITB) ................................................................................5

Table of Clauses ...................................................................................................................6

Section II. Bid Data Sheet (BDS) .........................................................................................42

Section III. Eligible Countries for the Provision of Goods, Works, and Services in

Bank-Financed Procurement ................................................................................................59

Section IV. General Conditions of Contract .......................................................................61

Table of Clauses .................................................................................................................62

Section V. Special Conditions of Contract (SCC) ............................................................137

Table of Clauses ...............................................................................................................138

Section VI. Technical Requirements (including Implementation Schedule) .................156

Table of Contents: Technical Requirements ...................................................................157

Section VII. Sample Forms ..................................................................................................61

Notes to Bidders on working with the Sample Forms .......................................................62

Table of Sample Forms ......................................................................................................65

Invitation for Bids 1

INVITATION FOR BIDS (IFB)


Invitation for Bids (IFB)

Issuing date of the IFB: January 14, 2019

INTERNATIONAL COMPETITIVE BIDDING

The Republic of Ghana

Ministry of Communications

eTransform Project

Procurement of an Integrated Information Management System for the Office of the

Attorney General and Ministry of Justice

Supply, installation, integration, training, technical support and implementation of an

integrated Case Management, Document Management and Collaboration ICT solution

for the Office of the Attorney General and Ministry of Justice

Credit No: IDA 5304-GH

IFB No: eTransform/RComp/3.6.4

1. This Invitation for Bids (IFB) follows the General Procurement Notice (GPN) for this

project that appeared in UNDB issue No WB5553-11/14 on November 4, 2014.

2. The Government of Ghana has received a Credit from the International Development

Association toward the cost of the eTransform Project, and it intends to apply part of

the proceeds of this credit to payments under the agreement(s) resulting from this IFB:

Procurement of an Integrated Information Management System for the Office of the

Attorney General and Ministry of Justice.

3. The Ministry of Communications (MoC) serves as the implementing agency for the

project. MoC is collaborating with the Office of the Attorney General and Ministry of

Justice and now invites sealed bids from eligible Bidders for the Supply, installation,

integration, training, technical support and implementation of an integrated Case

Management, Document Management and Collaboration ICT solution for the Office

of the Attorney General and Ministry of Justice.

4. Bidding will be conducted using the International Competitive Bidding (ICB)

procedures specified in the World Bank’s Guidelines: Procurement under IBRD

Loans and IDA Credits, edition of edition of January 2011, Revised July 2014 and is

open to all Bidders eligible as defined in these Guidelines, that meet the following

minimum qualification criteria.

a) Experience

(i) The Bidder must demonstrate at least five (5) years’ continuous engagement in

the business of supplying and installing IT equipment and systems. In the case

of a Joint Venture, the Lead Partner shall demonstrate at least five years’


continuous engagement and each other Partner shall demonstrate at least three

years’ continuous engagement.

(ii) The Bidder must have successfully completed at least two (2) contracts, each

of which were of at least USD 2 million in value, during the past five (5)

years, for the design, implementation and roll-out of a Case Management

System. In the case of a Joint Venture, the Lead Partner shall have led at least

one of the two above contracts.

b) Technical Capacity:

(i) The Bidder shall have facilities for technical support and maintenance

equipped with adequate qualified staff in the region, preferably in Ghana. If

bidders do not have such facilities at the time of bidding, then they are

required to demonstrate a clear plan for the establishment of such offices,

should they be awarded a contract.

c) Financial Capacity

(i) Bidders must submit financial statements audited or certified by authorized

agencies, in accordance with laws of the country where the Bidder established

its business, for the latest 3 fiscal years (2015, 2016 and 2017).

a. The minimum required average annual turnover of the lead bidder over the

last 3 years (2015, 2016 and 2017) is USD 5 million.

b. Demonstrate evidence of the firm’s liquidity, in the form of cash flow,

liquid assets and/or credit lines net of other ongoing commitments at the

minimum required amount of USD 2 million.

(ii) Each joint venture member or sub-contractor undertaking a significant portion

of work under this contract (20% or greater of the estimated value of the

contract) must be financially stable, with gross revenue base of at least US

$2.5 million annually over the last three (3) years, and liquid assets of at least

US $1 million.

5. Interested eligible Bidders may obtain further information and inspect the bidding

documents at the address given below from 9:00 a.m. to 5:00 p.m.

6. A complete set of bidding documents in English may be downloaded or emailed free

of charge. Soft copies of the bidding documents are available free of charge

online but hard copies may additionally be purchased by interested Bidders on

submission of a written application to the address below and upon payment of a non-

refundable fee of Four hundred Ghana Cedis (GH¢400.00) or one hundred US Dollars

(US$100.00). The method of payment will be cash or bank draft in the name of the

Ministry of Communications. The document may be directly downloaded from the

website and/or collected at the address given below or sent by courier upon specific

written request and payment of an additional non-refundable amount for US$150.00

for overseas delivery costs or GHS200.00 for local delivery costs by the bidder. The

Office of the Attorney General and Ministry of Justice and the Ministry of


Communications will not be responsible for any loss or late receipt of bidding

documents.

7. Bids must be delivered to the address below at or before February 26, 2019 at 10:00

a.m. local time. Electronic bidding will not be permitted. All bids must be

accompanied by a Bid Security of not less than One hundred thousand US Dollars

(US$100,000.00) or an equivalent amount in the local currency or a freely convertible

currency. Late bids will be rejected. Bids will be opened in the presence of Bidders’

representatives who choose to attend at the address below at 10:00 a.m. local time on

February 26, 2019.

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.

The addresses for Download and or Purchase and submission of the Bidding Documents

referred to above are:

Address for Download and/or Purchase of

Bid Documents

Address for Submission of Bid Documents

The Chief Director

Attn: The Project Coordinator

eTransform Project

Rooms 39 Fifth Floor,

Ministry of Communications Office

Complex

Abdul Diouf Street, near Kofi Annan ICT

Centre of Excellence

P.O. Box M.38, Ministries,

Accra Ghana

Digital Address: GA-079-0539

To Email: [email protected]

CC Email: [email protected]

URL: www.moc.gov.gh

The Chief Director

Attn: The Project Coordinator

eTransform Project

Six Floor

Conference Room

Ministry of Communications Office

Complex

Abdul Diouf Street, near Kofi Annan ICT

Centre of Excellence

P.O. Box M.38, Ministries,

Accra Ghana


mailto:[email protected]

Section I. Instructions to Bidders 5

SECTION I. INSTRUCTIONS TO BIDDERS (ITB)

(Single-Stage Bidding)


Table of Clauses

A. General ................................................................................................................................8

1. Scope of Bid and Bidding Process ..............................................................................8

2. Source of Funds ..........................................................................................................8

3. Fraud and Corruption ..................................................................................................9

4. Eligible Bidders ........................................................................................................11

5. Eligible Goods and Services .....................................................................................12

6. Qualifications of the Bidder ......................................................................................13

7. Cost of Bidding .........................................................................................................16

8. Site Visit ...................................................................................................................16

B. The Bidding Documents ..................................................................................................16

9. Content of Bidding Documents ................................................................................16

10. Clarification of Bidding Documents and Pre-bid Meeting .......................................17

11. Amendment of Bidding Documents .........................................................................18

C. Preparation of Bids ..........................................................................................................18

12. Language of Bid ........................................................................................................18

13. Documents Comprising the Bid ................................................................................18

14. Bid Prices ..................................................................................................................20

15. Bid Currencies ..........................................................................................................23

16. Documents Establishing the Conformity of the Information System to the Bidding

Documents ................................................................................................................23

17. Securing the Bid ........................................................................................................24

18. Period of Validity of Bids .........................................................................................26

19. Format and Signing of Bid ........................................................................................27

D. Submission of Bids ...........................................................................................................28

20. Sealing and Marking of Bids ....................................................................................28

21. Deadline for Submission of Bids ..............................................................................28

22. Late Bids ...................................................................................................................28

23. Withdrawal, Substitution, and Modification of Bids ................................................28

E. Bid Opening and Evaluation ...........................................................................................30

24. Opening of Bids by Purchaser ...................................................................................30

25. Clarification of Bids ..................................................................................................31

26. Preliminary Examination of Bids ..............................................................................31

27. Conversion to Single Currency .................................................................................32

28. Evaluation and Comparison of Bids .........................................................................32

29. Domestic Preference .................................................................................................38

30. Contacting the Purchaser ..........................................................................................38

F. Postqualification and Award of Contract ......................................................................38

31. Postqualification .......................................................................................................38


32. Award Criteria ..........................................................................................................39

33. Purchaser’s Right to Vary Quantities at Time of Award ..........................................39

34. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids.......................39

35. Notification of Award ...............................................................................................39

36. Signing of Contract ...................................................................................................40

37. Performance Security ................................................................................................40

38. Adjudicator ...............................................................................................................40


Instructions to Bidders

A. GENERAL

1. Scope of Bid

and Bidding

Process

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. Source of

Funds

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

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

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.


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 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

writing.

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. Eligible

Bidders

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 Sub-

Borrower 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

in this bidding if, at any time from advertisement of the bidding

until and including contract award, the firm or individual is

under:

(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. Eligible Goods

and Services

5.1 For the purposes of these Bidding Documents, the Information

System means all:

(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

http://www.worldbank.org/debarr/


the Information System to be provided by the selected

Bidder and as specified in the Contract.

5.2 Funds from Bank loans are disbursed only for expenditures for

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.

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. Qualifications

of the Bidder

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

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 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).


6.3 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

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

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 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

9.2 Bidders are expected to examine all instructions, forms, terms,

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

Bidding

Documents

and Pre-bid

Meeting

10.1 A prospective Bidder requiring any clarification of the Bidding

Documents may notify the Purchaser in writing at the

Purchaser’s address and by one of the means indicated in the

BDS. Similarly, if a Bidder feels that any important provision in

the documents will be unacceptable, such an issue should be

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.

11. Amendment of

Bidding

Documents

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

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

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.


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

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.


15. Bid Currencies 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. Documents

Establishing

the Conformity

of the

Information

System to the

Bidding

Documents

16.1 Pursuant to ITB Clause 13.1 (e) (iv), the Bidder shall furnish, as

part of its bid, documents establishing the conformity to the

Bidding Documents of the Information System that the Bidder

proposes to supply and install under the Contract.

16.2 The documentary evidence of conformity of the Information

System to the Bidding Documents shall be in the form of written

descriptions, literature, diagrams, certifications, and client

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-by-

item 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

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 inter-

operability 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;

(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, Bid-

Securing 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.


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) sign the Contract Agreement in accordance with ITB

Clause 36; or

(ii) 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 non-

responsive. 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

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.

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. Withdrawal,

Substitution,

and

23.1 The Bidder may withdraw, substitute, or modify its bid after

submission, provided that written notice of the withdrawal,

substitution, or modification is received by the Purchaser prior to


Modification of

Bids

the deadline prescribed for bid submission. All notices must be

duly signed by an authorized representative and shall include a

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

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 e-

mail, 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

Purchaser

24.1 The Purchaser will open all bids, including withdrawals,

substitutions, and modifications, in public, in the presence of

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

Bids

25.1 During the bid evaluation, the Purchaser may, at its discretion,

ask the Bidder for a clarification of its bid. The request for

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

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

Comparison of

Bids

28.1 The Purchaser will evaluate and compare the bids that have been

determined to be substantially responsive, pursuant to ITB

Clause 26. The evaluation will be performed assuming either

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

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:

( )XT

TX

C

CB

high

low−+ 1

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:

(i) Performance, capacity, or functionality features that

either exceed levels specified as mandatory in the

Technical Requirements; and/or influence the life-

cycle 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 risk-

containment 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

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

i

jijij wtS1

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”

and 11

==

k

i

jiw

(f) The Category Technical Scores will be combined in a


weighted sum to form the total Technical Bid Score using

the following formula:

=

n

j

jj WST1

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

and 11

==

n

j

jW

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

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) 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.

(d) The Recurrent Costs (R) are reduced to net present value

and determined using the following formula:

( )+

= +

MN

xxI

RR x

1 1

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.

F. POSTQUALIFICATION AND AWARD OF CONTRACT

31. Post-

qualification

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:

(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).

36. Signing of

Contract

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.

Section II. Bid Data Sheet 42

SECTION II. BID DATA SHEET (BDS)


Bid Data Sheet

The following specific information relating to the System to be procured and the pro

curement 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 Government of Ghana represented by the Ministry of

Communications

Name of authorized Purchasing Agent: The Chief Director,


Description of the System for which bids are invited: The System

includes supply, installation, integration, training, technical

support and implementation of an integrated Case Management,

Document Management and Collaboration ICT solution for the

Office of the Attorney General and Ministry of Justice of

Ghana.

ITB 1.2 Title of IFB: Procurement of an Integrated Information

Management System for the Office of the Attorney General and

Ministry of Justice of Ghana

Number of IFB: eTransform/RComp3.6.4

Name of resulting Contract(s): Procurement of an Integrated

Information Management System for the Office of the Attorney

General and Ministry of Justice of Ghana

ITB 1.4 Alternative e-Tendering procedures are not available in this

procurement.

ITB 2.1 Name of the Borrower: The Republic of Ghana

Loan or credit number: IDA 5304-GH

Name of Project: eTransform Project

ITB 6.1 (a) Qualification requirements for Bidders are:

a) Experience

(i) The Bidder must demonstrate at least five (5) years’

continuous engagement in the business of supplying and

installing IT equipment and systems. In the case of a Joint

Venture, the Lead Partner shall demonstrate at least five

years’ continuous engagement and each other Partner shall


demonstrate at least three years’ continuous engagement.

(ii) The Bidder must have successfully completed at least two

(2) contracts, each of which were of at least USD 2 million

in value, during the past five (5) years, for the design,

implementation and roll-out of a Case Management

System. In the case of a Joint Venture, the Lead Partner

shall have led at least one of the two above contracts.

b) Technical Capacity

(i) The Bidder shall have facilities for technical support and

maintenance equipped with adequate qualified staff in the

region, preferably in Ghana. If bidders do not have such

facilities at the time of bidding, then they are required to

demonstrate a clear plan for the establishment of such

offices, should they be awarded a contract.

c) Financial Capacity

(i) Bidders must submit financial statements audited or

certified by authorized agencies, in accordance with laws of

the country where the Bidder established its business, for

the latest 3 fiscal years (2015, 2016 and 2017).

a. The minimum required average annual turnover of

the lead bidder over the last 3 years (2015, 2016 and

2017) is USD 5 million.

b. Demonstrate evidence of the firm’s liquidity, in the

form of cash flow, liquid assets and/or credit lines net

of other ongoing commitments at the minimum

required amount of USD 2 million.

(ii) Each joint venture member or sub-contractor undertaking a

significant portion of work under this contract (20% or

greater of the estimated value of the contract) must be

financially stable, with gross revenue base of at least US

$2.5 million annually over the last three (3) years, and

liquid assets of at least US $1 million.

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 Servers (if supplied)

• All Network Devices (if supplied)

• CMS Application Software


• Document Management Application Software

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

B. THE BIDDING DOCUMENTS

ITB 10.1 Purchaser’s address:

The Chief Director


eTransform Project

Abdul Diouf Street

Near Kofi Annan ICT Center of Excellence


P. O. Box M38,

Accra, Ghana

Email: [email protected];

ITB 10.2 Dates, times, and places for the pre-bid meeting: N/A

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 are required. Supply and Installation/Warranty

period costs are inclusive of all recurrent cost items for the contract

duration.

ITB 14.4 The Incoterms edition is “Incoterms 2010”

ITB 14.4 (a) For all goods imported to Ghana for purposes of this procurement

prices shall be quoted on a CIP project site 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

mailto:[email protected]


through any country other than the Purchaser's country.

(ii) The named place of destination shall be the Project Site (as

stated in the Implementation Schedule in Section VI,


(iii) The bidder is expected to quote for all taxes, levies and

duties in the Purchaser’s country, including the cost of

clearing goods form the ports.

ITB 14.4 (c) Not Applicable

ITB 14.5 Not Applicable

ITB 14.7 Prices quoted by the Bidder shall be fixed and will be evaluated

using the forms provided in Section VII, Price Schedule Forms.

ITB 15.1 (b) The Bidder shall express its prices for such Information

Technologies, associated Goods and Services, for local technical

support, training, maintenance, transportation, insurance, and other

local services incidental to delivery, installation and operation of the

System, including Recurrent Costs, to be supplied locally (i.e., from

within the Purchaser’s Country) in any freely convertible

currency. Payments for this portion shall be made to the Bidder in

the currency of the Purchaser’s Country (Ghanaian Cedi (GH¢), at

the prevailing exchange rate at the time of the payments. The source

of exchange rate is the exchange rate published by the Central Bank

of Ghana for similar transactions. Failure to separate Foreign and

Local Costs and to quote them separately in the Financial

Proposal shall lead to rejection of the Bidder’s offer

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:

1 Project Organization and Management Sub-Plan

including Task, Time, and Resource Schedules, Problem

Identification, Escalation and Resolution Mechanisms,

and Quality Assurance Arrangements

2 Change Management and Communication Sub-Plan

3 Software Design and Development Sub-Plan, including

System Development Lifecycle (SDLC) Methodology,

configuration, customization and development of

software and applications

4 Delivery and Installation Sub-Plan

5 System Integration Sub-Plan, including Structured


Implementation Approach for Pilot and Production

implementation detailing, at minimum:

i. the proposed production implementation schedule,

ii. Scope of Pilot activities,

iii. system functionality to be included in each

implementation phase,

iv. system testing

v. evaluation criteria that will be used to determine the

project's readiness for implementation of each of the

project's components

vi. and advantages and disadvantages of the proposed

implementation strategy and approach.

6 Training Sub-Plan

7 Inspection, Pre-commissioning and Operational

Acceptance Testing Sub-Plan, and Documentation

8. Warranty Service and Technical Support Sub-Plan

9. 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.

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 by a Bid-Securing Declaration using the

format of bid securing declaration included.

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 five (5) years.

ITB 18.1 The bid validity period shall be One hundred and twenty (120)

days after the deadline for bid submission, as specified below in

reference to ITB Clause 21. Accordingly, the bid shall be valid

through June 26, 2019


ITB 19.1 Required number of bid copies, besides the original: four (4) copies,

plus one (1) soft copy in .pdf format on USB key or other

electronic media. The electronic copy must be submitted in a

sealed envelope contained within the original hardcopy of the

bid.

D. SUBMISSION OF BIDS

ITB 20.2 (a) The address for bid submission is:

The Chief Director


e-Transform Project

Conference Room

6th Floor

Ministry of Communications Building

Abdul Diouf Street, Ridge,

Accra Ghana


ITB 21.1 Deadline for bid submission is: February 26, 2019

E. BID OPENING AND EVALUATION

ITB 24.1 Time, date, and place for bid opening are:

Time: 10:00 hours GMT

Date: February 26, 2019

Place: Conference Room of the Ministry of Communications

building, located on the Abdul Diouf Road, near Kofi Annan

ICT Center for Excellence on the 6th Floor, GA-079-0539

ITB 27.1 The currency chosen for the purpose of converting to a common

currency is: Ghana Cedi.

The source of exchange rate is: The selling exchange rate from

the Bank of Ghana.

The date of exchange rate determination is: the date of bid

submission deadline.

In the event that no exchange rates are available on this date from

the source indicated above, the latest available exchange rates from


the same source prior to this date will be used.

ITB 28.1 Bids for Subsystems, lots, or slices of the overall Information

System will not be accepted.

Discounts for the award of multiple Subsystems, lots, or slices will

not be considered in bid evaluation.

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) = 50%

The Price Score will be computed by the formula:

CLow divided by C where CLow is the lowest evaluated Bid price

and C is the Price of the Bid being evaluated

ITB 28.5 (a), (b) The technical evaluation categories and the features to be

evaluated within each category as detailed in Attachment 2 to this

BDS

The minimum Technical Score for a bid to be considered further is

80%

The Contract will be awarded to the Bid with the highest evaluated

score (B) based on the following:

( )XT

TX

C

CB

high

low−+ 1

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

T high = the Technical Score achieved by the bid that

was scored highest among all responsive bids

X = weight for the Price as specified in 28.4 above

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.

ITB 28.6 (d) Interest Rate (I) for net present value calculations of recurrent costs

will be LIBOR+1% on the date of bidding opening.

F. POSTQUALIFICATION AND AWARD OF CONTRACT

ITB 31.2 As additional post-qualification measures, the Information System

(or components/parts of it) offered by the Lowest Evaluated Bidder

may be subjected to the following tests and performance

benchmarks prior to Contract award:

Bidders are required to show proof of the availability of

technical support and maintenance facilities in the Region.

ITB 33.1 Percentage for quantity increase or decrease: 15%

ITB 38.1 The proposed Adjudicator is: The London Court of International

Arbitration will be the adjudicating authority and will nominate

candidates, for the contract parties to approve, to handle any

disputes requiring adjudication


ATTACHMENT 1 TO THE BID DATA SHEET – MINIMUM KEY STAFF REQUIREMENTS

The professional staff provided for this project by the Contractor will play a key role in

successful rollout of the System, and the following 5 key staff MUST be proposed by the

Bidder. Minimum, mandatory requirements for these key staff, which will be scored in the

bid evaluation, are presented below. Bidder(s) should be aware that if they fail to respond or

their proposed key staffs do not comply with these mandatory qualifications, the bid will be

considered as Non-responsive. Bidders are required to propose additional staff in line with

their proposed System Development Life Cycle (e.g. programmers, database administrators,

etc.). The staffing schedule to be provided in the technical bid MUST cover all proposed

staff.

i) Project Manager/Team Leader

ii) Deputy Team Leader (Case Management System Technical Expert)

iii) Solution Architect

iv) Ghanaian Legal Expert

v) Change Management and Training Specialist

a) Project Manager / Team Leader

Role

• Act as single point of contact for OAGMoJ

• Responsible for successful delivery of the IT Project

• Responsible for delivering all requirements as stated in the Top-Level Integrated

System Requirement Document

• Responsible for organizing, planning, directing, and coordinating the overall program

effort

• Responsible for allocating resources to the project

• Responsible for conflict management, issue and dispute resolution

• Shall participate in all project meetings

• Shall review quality of project deliverables to ensure compliance with the agreed

quality measures and standards

• Shall ensure compliance to the terms and conditions of the Contract and NDA signed

with OAGMoJ

Mandatory Qualifications

• Proven track record as Project Manager (10 years+), accomplishing at least 3 (three)

successful enterprise scale system development projects, with at least one project size

with minimum project value of USD 5 Million;

• Project Management certification, and documented experience of using application

and project management methodologies including Prince 2, PMI, or CMMI;

• Documented experience coordinating the process of translating Business

Requirements into a functional system design;


• Documented experience developing Testing scripts and overseeing system,

integration and user acceptance testing;

• Documented experience managing stakeholders in a complex, government system

implementation;

• Fluent in English (Read/Write/Speak)

Preferred Qualifications

• Documented expertise in e-Justice Systems

b) Deputy Team Leader (Case Management System Technical Expert)

Role

• Responsible for planning and scheduling of the module related activities along with

Project Manager to ensure effective implementation of all modules in the IIMS

• Collaborate and manage all resources involved in development of IIMS modules

• Manage project budget and report budget requirement to the Project Manager

• Manage the flow of work within the team and ensure optimum allocation of work

amongst team members

• Responsible for implementing the overall Design and Technical Architecture of the

applications in the module

• Proactively monitor the adherence of the implementation to the chosen architecture

during all iterations

• Coordinate with the relevant Specialists, Programmers, Business Analysts and Testing

Engineers for Unit & System Testing

• Perform Defect Root Cause Analysis and coordinate closure of defects arising from

System Testing and UAT.

• Design the release strategy

• Ensure the update of relevant documentation

• Monitor the Quality of the deliverables associated with the module

• Coordinate Quality Assurance and Version Control and Configuration Management

• Ensure proper maintenance and regular backup of development, testing and release

environments

• Provide support to the Trainer for preparation of Training scenarios

• Provide status updates to Project Manager for application development and

maintenance activities for the module


• At least 7 years’ experience in software project implementation

• 3 referable installations of the product within the last 5 years

• Post-graduate degree in engineering/computer sciences/information technology



c) Solution Architect

Role

• Design the platform, software, hardware, network and security architecture of the

OAGMoJ IIMS solution

• Review software solution development to ensure alignment with the architecture

designed

• Re-design the solution based on feedback received on functionality and performance

if needed to meet system requirements

• Develop Key lifecycle deliverables:

o Detailed Design Document (including software, hardware, network and

security aspects of the proposed solution)

o Database Design Document


• Post-Graduate degree in Computer Science/Information Technology

• Certification in the following subjects: Software Architecture, Information Security,

and Database Design/Architecture


• As solution architect, documented experience accomplishing:

o Design of at least 3 enterprise IT systems and the comprehensive solution of

all components (hardware and software).

o Design of data security models (confidentiality, integrity and availability)

N.B.: Number of Positions

Where the bidder feels a single person cannot fulfill the requirements of this role, a team

of up to three members can be suggested to meet this profile requirement.

d) Ghanaian Legal Expert

Role

• Prepare the contractor’s team by providing inputs on current Ghanaian Laws,

OAGMoJ processes, and related software requirements:

o Rules of Courts, trial and appeal related process in a manner which would

ensure that the software configurations are consistent with relevant rules of

applicable courts and the administration of Justice.

o The Electronic Transactions Act, National Information Technology Agency

Act, all Directive and policies affecting designs, equipment, service level

agreements, network design and architecture, issues of interoperability relating

to the eTransform project and affecting all MDA’s

o General Legal Counsel and Solicitor licensing requirements

• Support Deputy Team Leader to develop Testing program

• Support Training expert to develop training program


• Support Change Management expert to design change management program

• Support Project Manager to communicate Project issues to OAGMOJ stakeholders


• Advanced degree in Law (LLM, minimum)

• Ability to speak, read, write English fluently

• Minimum of ten years of relevant experience

N.B.: Number of Positions

Where the bidder feels a single person cannot fulfill the requirements of this role, a team

of up to three members can be suggested to meet this profile requirement.

e) Change Management and Training Specialist

Role

• Lead the Change Management and Training programmes on behalf of the contractor

• Responsible for creating strategies for successful rollout of the Change Management

and Training programmes

• Prepare the detailed implementation plan for Change Management and Training

programmes

• Coordinate with the Project Manager and OAGMoJ to synchronize the training

calendar

• Responsible for designing the training materials

• Ensure proper conduct of training sessions.

• Ensure collection and collation of Trainee Feedback for all training sessions.

• Ensure any issues/concerns raised by the participants are documented and shared with

the Project Manager and OAGMoJ leadership


• Graduate or post graduate degree in Human Resources Management or Education

• Documented experience managing at least one large IIMS system related change

management and training effort with a trainee audience of at least 200 people

including collection and processing of feedback from trainees

• Ability to speak, read, write English fluently

• Minimum of 7 years of relevant experience


ATTACHMENT 2 TO THE BID DATA SHEET – TECHNICAL EVALUATION

METHODOLOGY

The technical bid will be evaluated as follows:

1. The importance of each of the technical features of the system will be assigned a

weight on a scale of 1-3, as presented in the table below.

2. A rating will be assigned for each feature based on an assessment of how well the

bidder’s proposed solution meets each technical requirement, on a scale of 0-4, as

follows:

0 = Unacceptable or Absent: the feature is not present in the bid or does not meet

minimum requirements.

1 = Poor: the feature is present but is not adequately described or lacks required

content or functionality.

2 = Fair: the feature meets the minimum requirements.

3 = Good: the feature has some aspects which exceed the minimum requirements.

4 = Excellent: the feature clearly has aspects which significantly exceed minimum

requirements.

3. For each sub-criteria, the evaluation team will calculate a score by multiplying the

quality rating number by the importance weighting number.

4. The product of these two numbers will be entered in the final column.

5. Entries in the final column will be added, and each bidder’s score will be calculated

as a percentage of the 556 total points available. The minimum technical score for the

bid to be considered responsive and eligible for further evaluation is 80%.

Evaluation Categories and Weighting

Item

Clause

Number Description

Importance

Weighting

on scale of

1-3

Rating of

Proposed

Solution

on scale

of 1-4

Sub-total

(weighting

x rating) General Technical Requirements

2.1.1 Components proven and well established 1

2.1.4 Published standards architecture 1 2.1.6 Modularity, extensibility and scalability 3 Extensibility 3

Scalability 3

Software

2.4.1.1 CMS application software

2.4.1.1.1 Create/modify case details 1 2.4.1.1.2 Generate suit number (case ID) 1


Item

Clause

Number Description

Importance

Weighting

on scale of

1-3

Rating of

Proposed

Solution

on scale

of 1-4

Sub-total

(weighting

x rating)

2.4.1.1.3 Manage party records 1 2.4.1.1.4 Update case details 2 2.4.1.1.5 Record orders 1 2.4.1.1.6 Document generation 1 2.4.1.1.7 Manage hearings 2 2.4.1.1.8 Manage calendars 1 2.4.1.1.9 Accounts payable and receivable 3 2.4.1.1.10 Track complaints 2 2.4.1.1.11 Manage case notes 1 2.4.1.1.12 Manage work flow 1 2.4.1.1.13 Evidence/exhibits management 3 2.3.1.1.14 Court Recording Media File management 3

2.4.1.1.14 Reporting 3 2.4.1.2 IIMS user interface (portal) 3 2.4.2.2 RDBMS software and development tools

3 System Management, Administration and

Security

2.5.0.1 Management reporting 3 2.5.1 User and usage administration 3 2.5.2 Security 3

5.2 Preliminary Project Plan

1 Project organization and management sub-plan 2 2 Change management and communication sub-

plan 2 3 Software design and development sub-plan 2 4 Delivery and installation sub-plan 2 5 System integration sub-plan 2 6 Training sub-plan 2 7 Inspection, pre-commissioning and operational

acceptance sub-plan 2 8 Warranty service and technical support sub-plan 2 9 Bidder assessment of major responsibilities 1

5.5 Expertise CVs (as in Attachment 2 to BDS)

a) Project manager/team leader


Item

Clause

Number Description

Importance

Weighting

on scale of

1-3

Rating of

Proposed

Solution

on scale

of 1-4

Sub-total

(weighting

x rating)

Proven track record as Project Manager (10+

years) 3

Project Management certification and

experience 3 Experience coordinating process of translating

Business Requirements into functional system

design; 2 Experience developing Testing scripts and

overseeing system, integration and user

acceptance testing 2 Experience managing stakeholders in a

complex, government system implementation 3

Fluent in English (Read/Write/Speak) 2 Experience w/ CMS Systems 3

b) Deputy team leader (e-justice system

technical expert)

7 years’ experience in software project

implementation 3 3 referable installations of product within the

last 5 years 3 Post-graduate degree in engineering/computer

sciences/information technology 2 Fluent in English (Read/Write/Speak) 2

c) Solution architect(s) Post-Graduate degree 2 Certification: Software Architecture,

Information Security, and Database

Design/Architecture 3 Fluent in English (Read/Write/Speak) 2 Documented experience 3

d) Ghanaian legal expert(s)

Advanced degree in Law (LLM, minimum) 3

Ability to speak, read, write English fluently 2 Minimum of ten years of relevant experience 3

e) Change management and training expert Graduate or post graduate degree 2 Experience managing at least one large CMS

system related change management and training 3


Item

Clause

Number Description

Importance

Weighting

on scale of

1-3

Rating of

Proposed

Solution

on scale

of 1-4

Sub-total

(weighting

x rating)

effort

Ability to speak, read, write English fluently 2 Minimum of 7 years of relevant experience 3

f) Database administrator

Minimum 10 years of database administration

System 1 Minimum of BS degree 1

5.6 COMMERCIAL EVALUATION CRITERIA a

Vendors Profile and Experience

1 Firm's General Experience 2

2 Firm's Specific Experience in Developing

Similar Projects within the last 10 years 2

3 Firm's Experience in a Developing Country 1

b Success with Similar Projects

1 Similar Projects 1

2 Server Infrastructure 1

3 Integrated Judicial Systems 3

5.9 Quality of Proposed Plan

Technical Approach and Methodology 1

Work Plan 1

Total Score

Section III. Countries Eligible for Bank-Financed Procurement 59

SECTION III. ELIGIBLE COUNTRIES FOR THE PROVISION OF

GOODS, WORKS, AND SERVICES IN BANK-FINANCED

PROCUREMENT

Section III. Countries Eligible for Bank-Financed Procurement 60

Eligible Countries for the Provision of Goods, Works, and Services in

Bank-Financed Procurement

As of September 2007

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

Section IV. General Conditions of Contract 61

SECTION IV. GENERAL CONDITIONS OF CONTRACT


Table of Clauses

A. Contract and Interpretation ...........................................................................................64

1. Definitions.................................................................................................................64

2. Contract Documents ..................................................................................................72

3. Interpretation .............................................................................................................72

4. Notices ......................................................................................................................75

5. Governing Law .........................................................................................................76

6. Settlement of Disputes ..............................................................................................76

B. Subject Matter of Contract .............................................................................................78

7. Scope of the System ..................................................................................................78

8. Time for Commencement and Operational Acceptance ...........................................79

9. Supplier’s Responsibilities .......................................................................................79

10. Purchaser’s Responsibilities .....................................................................................81

C. Payment .............................................................................................................................83

11. Contract Price ............................................................................................................83

12. Terms of Payment .....................................................................................................83

13. Securities ...................................................................................................................84

14. Taxes and Duties .......................................................................................................85

D. Intellectual Property ........................................................................................................86

15. Copyright ..................................................................................................................86

16. Software License Agreements ...................................................................................87

17. Confidential Information...........................................................................................89

E. Supply, Installation, Testing, Commissioning, and Acceptance of the System ..........91

18. Representatives .........................................................................................................91

19. Project Plan ...............................................................................................................93

20. Subcontracting ..........................................................................................................93

21. Design and Engineering ............................................................................................94

22. Procurement, Delivery, and Transport ......................................................................97

23. Product Upgrades ....................................................................................................100

24. Implementation, Installation, and Other Services ...................................................101

25. Inspections and Tests ..............................................................................................101

26. Installation of the System ........................................................................................102

27. Commissioning and Operational Acceptance .........................................................103

F. Guarantees and Liabilities .............................................................................................107

28. Operational Acceptance Time Guarantee ...............................................................107

29. Defect Liability .......................................................................................................108

30. Functional Guarantees.............................................................................................111

31. Intellectual Property Rights Warranty .....................................................................111

32. Intellectual Property Rights Indemnity ...................................................................112


33. Limitation of Liability .............................................................................................115

G. Risk Distribution ............................................................................................................115

34. Transfer of Ownership ............................................................................................115

35. Care of the System ..................................................................................................115

36. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification ..117

37. Insurances ................................................................................................................118

38. Force Majeure .........................................................................................................120

H. Change in Contract Elements .......................................................................................122

39. Changes to the System ............................................................................................122

40. Extension of Time for Achieving Operational Acceptance ....................................126

41. Termination .............................................................................................................127

42. Assignment .............................................................................................................136


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


viii) “Contract Price” means the price or prices

defined in Article 2 (Contract Price and Terms


of Payment) of the Contract Agreement.

(ix) “Procurement Guidelines” refers to the edition

specified in the SCC of the World Bank

Guidelines: Procurement under IBRD Loans and

IDA Credits.

(x) “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.

(b) 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

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 communications-

related 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

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, Pre-

commissioning, 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


Agreement and such other Software as the

parties may agree in writing to be General-

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



parties may agree in writing to be Application

Software.

(xi) “Standard Software” means Software identified

as such in Appendix 4 of the Contract


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

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

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 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).

(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 and

as published). Incoterms are the international rules for

interpreting trade terms published by the International

Chamber of Commerce, 38 Courts 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

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,

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.

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. Governing Law 5.1 The Contract shall be governed by and interpreted in

accordance with the laws of the country specified in the

SCC.

6. Settlement of

Disputes

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

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.

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

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. Time for

Commencement

and Operational

Acceptance

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

Implementation Schedule in the Technical Requirements

Section and any refinements made in the Agreed and

Finalized Project Plan.

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. Supplier’s

Responsibilities

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.

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

Bank’s inspection and audit rights provided for under Sub-

Clause 9.8 constitute a prohibited practice subject to contract

termination (as well as to a determination of ineligibility

under the Procurement Guidelines)

9.9 Other Supplier responsibilities, if any, are as stated in the

SCC.

10. Purchaser’s

Responsibilities

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

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.

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, Pre-

commissioned, 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 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 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

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 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


(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;

(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.

17. Confidential

Information

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.

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 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

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


19.2 The Supplier shall formally present to the Purchaser the

Project Plan in accordance with the procedure specified in

the SCC.

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

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.

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.

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.

22. Procurement,

Delivery, and

Transport

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

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

fault of the Supplier:

(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. Product

Upgrades

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

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),

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

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

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

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 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)

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

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


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

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

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

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 third-

party 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

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;

(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 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) 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


(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.


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.


33. Limitation of

Liability

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


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.

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

Damage to

Property;

Accident or

Injury to

Workers;

Indemnification

36.1 The Supplier and each and every Subcontractor shall abide

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.


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


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


reimbursed by the Supplier for all reasonable expenses


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

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.


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


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


reimbursed by the Purchaser for all reasonable expenses


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.

(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

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,

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:

(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

and related Services in accordance with

GCC Clause 23 (Product Upgrades).

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


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;

(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

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

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 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

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 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

obligation;

(iii) “collusive practice”3 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”4 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

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.

3 “Parties” refers to participants in the procurement process (including public officials) attempting to

establish bid prices at artificial, non competitive levels.

4 A “party” refers to a participant in the procurement process or contract execution.


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

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:



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;


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

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.

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

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:


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;


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.

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.

137

SECTION V. SPECIAL CONDITIONS OF CONTRACT (SCC)

Section V. Special Conditions of Contract 138

Table of Clauses

A. Contract and Interpretation .........................................................................................140

1. Definitions (GCC Clause 1) ....................................................................................140

2. Contract Documents (GCC Clause 2) .....................................................................140

3. Interpretation (GCC Clause 3) ................................................................................140

4. Notices (GCC Clause 4) ..........................................................................................141

5. Governing Law (GCC Clause 5) .............................................................................141

6. Settlement of Disputes (GCC Clause 6) .................................................................141

B. Subject Matter of Contract ...........................................................................................142

7. Scope of the System (GCC Clause 7) .....................................................................142

8. Time for Commencement and Operational Acceptance (GCC Clause 8) ..............142

9. Supplier’s Responsibilities (GCC Clause 9) ...........................................................142

10. Purchaser’s Responsibilities (GCC Clause 10) .......................................................142

C. Payment ...........................................................................................................................142

11. Contract Price (GCC Clause 11) .............................................................................143

12. Terms of Payment (GCC Clause 12) ......................................................................143

13. Securities (GCC Clause 13) ....................................................................................144

14. Taxes and Duties (GCC Clause 14) ........................................................................144

D. Intellectual Property ......................................................................................................145

15. Copyright (GCC Clause 15) ....................................................................................145

16. Software License Agreements (GCC Clause 16) ....................................................146

17. Confidential Information (GCC Clause 17) ............................................................147

E. Supply, Installation, Testing, Commissioning, and Acceptance of the System ........147

18. Representatives (GCC Clause 18) ..........................................................................147

19. Project Plan (GCC Clause 19) ................................................................................147

20. Subcontracting (GCC Clause 20) ............................................................................149

21. Design and Engineering (GCC Clause 21) .............................................................150

22. Procurement, Delivery, and Transport (GCC Clause 22) .......................................151

23. Product Upgrades (GCC Clause 23) .......................................................................151

24. Implementation, Installation, and Other Services (GCC Clause 24) ......................151

25. Inspections and Tests (GCC Clause 25) .................................................................151

26. Installation of the System (GCC Clause 26) ...........................................................151

27. Commissioning and Operational Acceptance (GCC Clause 27) ............................152

F. Guarantees and Liabilities .............................................................................................152

28. Operational Acceptance Time Guarantee (GCC Clause 28) ...................................152

29. Defect Liability (GCC Clause 29) ...........................................................................152

30. Functional Guarantees (GCC Clause 30) ................................................................153

31. Intellectual Property Rights Warranty (GCC Clause 31) ........................................153

32. Intellectual Property Rights Indemnity (GCC Clause 32) .......................................153


33. Limitation of Liability (GCC Clause 33) ................................................................154

G. Risk Distribution ............................................................................................................154

34. Transfer of Ownership (GCC Clause 34) ...............................................................154

35. Care of the System (GCC Clause 35) .....................................................................154

36. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification

(GCC Clause 36) .....................................................................................................154

37. Insurances (GCC Clause 37) ...................................................................................154

38. Force Majeure (GCC Clause 38) ............................................................................154

H. Change in Contract Elements .......................................................................................155

39. Changes to the System (GCC Clause 39) ...............................................................155

40. Extension of Time for Achieving Operational Acceptance (GCC Clause 40) .......155

41. Termination (GCC Clause 41) ................................................................................155

42. Assignment (GCC Clause 42) .................................................................................155


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.

A. CONTRACT AND INTERPRETATION

1. Definitions (GCC Clause 1)

GCC 1.1 (a) (ix) The applicable edition of the Procurement Guidelines is dated:

Procurement of Goods, Works, and Non-Consulting Services under

IBRD Loans and IDA Credits & Grants January 2011 Revised July 2014

GCC 1.1 (b) (i) The Purchaser is: Ministry of Communications of the Republic of

Ghana

GCC 1.1 (b) (ii) The Project Manager is: To be appointed by Ghana OAGMoJ within

14 days of contract effective date.

GCC 1.1 (e) (i) The Purchaser’s Country is: The Republic of Ghana.

GCC 1.1 (e) (iii) The Project Site(s) is/are: as specified in the Implementation Schedule

in the Technical Requirements Section.

GCC 1.1 (e) (x) The Contract period shall be sixteen (16) months and 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 this Contract.

GCC 1.1. (e) (xii) The Post-Warranty Services Period is 0 (zero) months starting with the

completion of the Warranty Period.

2. Contract Documents (GCC Clause 2)

GCC 2 There are no Special Conditions of Contract applicable to GCC

Clause 2.

3. Interpretation (GCC Clause 3)

GCC 3.1.1 The language of the Contract, all correspondence and communications to


be given, and all other documentation to be prepared and supplied under

the Contract not otherwise specified in the Technical Requirements shall

be English.

4. Notices (GCC Clause 4)

GCC 4.3 Notices shall be addressed to the persons identified in the Contract by the

Purchaser and by the Supplier to receive notices.

Notices shall be delivered to the above named persons at postal, personal

delivery, facsimile and electronic mail addresses provided in the

Contract.

For Electronic Data Interchange (EDI) the Purchaser and Supplier will

use standards, protocols, addresses, and procedures spelled out in The

Republic of Ghana e-GIF. A complete e-GIF document can be obtained

from NITA. Bidders may also download copies of the e-GIF Policy from

http://www.moc.gov.gh/moc/files/E-GIF/Ghana%20e-

GIF%20Policy.pdf.

The eGIF Technical Standards are also available at

http://www.moc.gov.gh/moc/files/E-

GIF/Technical%20Standards%20Catalogue.pdf.

5. Governing Law (GCC Clause 5)

GCC 5.1 The Contract shall be interpreted in accordance with the laws of: The

Republic of Ghana.

6. Settlement of Disputes (GCC Clause 6)

GCC 6.1.4 If the Supplier is foreign, the Appointing Authority for the Adjudicator is:

London Court of International Arbitration.

If the Supplier is a national of the Republic of Ghana, the Contract shall

be referred to adjudication or arbitration in Ghana under the Ghana

Arbitration Act.

GCC 6.2.3 If the Supplier is foreign (including a Joint Venture when at least one

partner is foreign): Arbitration proceedings shall be conducted in

accordance with the rules of arbitration of UNCITRAL. These rules, in

the version in force at the time of the request for arbitration, will be

http://www.moc.gov.gh/moc/files/E-GIF/Ghana%20e-GIF%20Policy.pdf

http://www.moc.gov.gh/moc/files/E-GIF/Ghana%20e-GIF%20Policy.pdf

http://www.moc.gov.gh/moc/files/E-GIF/Technical%20Standards%20Catalogue.pdf

http://www.moc.gov.gh/moc/files/E-GIF/Technical%20Standards%20Catalogue.pdf


deemed to form part of this Contract.

If the Supplier is a national of the Republic of Ghana: Any dispute

between the Purchaser and a Supplier arising in connection with the

present Contract shall be referred to adjudication or arbitration in Ghana

under the Ghana Arbitration Act.

B. SUBJECT MATTER OF CONTRACT

7. Scope of the System (GCC Clause 7)

GCC 7.3 The Supplier’s obligations under the Contract will include the following

recurrent cost items, as identified in the Recurrent Cost tables in the

Supplier’s Bid:

Supply and Installation/Warranty period costs are inclusive of all

recurrent cost items for a period of 3 years.

8. Time for Commencement and Operational Acceptance (GCC Clause 8)

GCC 8.1 The Supplier shall commence work on the System within: Fourteen (14)

days from the Effective Date of the Contract.

GCC 8.2 Operational Acceptance will occur on or before: 16 (sixteen) months

from the Effective Date of the Contract.

9. Supplier’s Responsibilities (GCC Clause 9)

GCC 9.9 The Supplier shall have the following additional responsibilities: none.

10. Purchaser’s Responsibilities (GCC Clause 10)

GCC 10.12 The Purchaser shall have the following additional responsibilities: none.


C. PAYMENT

11. Contract Price (GCC Clause 11)

GCC 11.2 (b) Adjustments to the Contract Price shall be as follows: none.

12. Terms of Payment (GCC Clause 12)

GCC 12.1 Subject to the provisions of GCC Clause 12 (Terms of Payment), the

Purchaser shall pay the Contract Price to the Supplier according

to the categories and in the manner specified below. Only the

categories Advance Payment and Complete System Integration

relate to the entire Contract Price. In other payment categories,

the term "total Contract Price" means the total cost of goods or

services under the specific payment category. Within each such

category, the Contract Implementation Schedule may trigger pro-

rata payments for the portion of the total Contract Price for the

category corresponding to the goods or services actually

Delivered, Installed, or Operationally Accepted.

(a) Advance Payment:

Ten percent (10%) of the entire Contract Price, exclusive of all

Recurrent Costs, shall be paid against receipt of a claim

accompanied by the Advance Payment Security specified in

GCC Clause 13.2. All subsequent invoices as detailed in clauses

(b) and (c) below shall include a 10% reduction to cover the

advance payment.

(b) Information Technologies, Materials, and other Goods (if any),

with the exception of Custom Software and Custom Materials:

One hundred percent (100%) of the same price against server or

other equipment installation, if any, and Operational Acceptance

of the IIMS

(c) Custom Software and Custom Materials:

Sixty-five percent (65%) of the total or pro-rata Contract Price

for this category against Operational Acceptance of the IIMS

application

Thirty-five percent (35%) of the same price against successfully

concluded user training


(d) Recurrent Costs:

One hundred percent (100%) of the price of the services actually

delivered will be paid monthly in arrears, on submission and

Purchaser’s approval of invoices.

GCC 12.3 The Purchaser shall pay to the Supplier interest on the delayed payments

at a rate of: LIBOR plus 1% on the due date of the delayed

payments. A delayed payment is one which has not been paid

within 45 days from the receipt and acceptance by the Purchaser of

the invoice and any supporting documentation specified in the

Contract.

GCC 12.4 For Goods and Services supplied locally, the Purchaser will pay the

Supplier in any freely convertible currency

GCC 12.5 Payment for Goods supplied from outside the Purchaser’s Country shall

be in the form of a Letter of Credit as specified in GCC 12.5.

13. Securities (GCC Clause 13)

GCC 13.2.1 The Supplier shall provide within twenty-eight (28) days of the

notification of Contract award an Advance Payment Security in the

amount and currency of the Advance Payment specified in SCC for

GCC Clause 12.1 above.

GCC 13.2.2 The reduction in value and expiration of the Advance Payment Security

are calculated as follows: [state, for example:

“P*a/(100-a), where “P” is the sum of all payments effected

so far to the Supplier (excluding the Advance Payment), and

“a” is the Advance Payment expressed as a percentage of the

Contract Price pursuant to the SCC for GCC 12.1.”

GCC 13.3.1 The Performance Security shall be denominated in the currency of the

contract for an amount equal to Ten (10%) percent of the Contract

Price, excluding any Recurrent Costs.

GCC 13.3.4 During the Warranty Period (i.e., after Operational Acceptance of the

System), the Performance Security shall be reduced to Two (2%)

percent of the Contract Price, excluding any Recurrent Costs.

14. Taxes and Duties (GCC Clause 14)



Clause 14.

D. INTELLECTUAL PROPERTY

15. Copyright (GCC Clause 15)

GCC 15.3 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: The Purchaser may license or sublicense

Standard Software or elements of the Standard Software to any

Ministry or department of the Government of Ghana or to an entity

owned or controlled by the Government of Ghana (including a joint

venture).

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:

Purchaser retains all Intellectual Property Rights to Custom Software.

Supplier’s rights to use of such software are limited to support for the

Purchaser. Supplier’s use for other applications is subject to prior

specific agreement with Purchaser on terms and conditions.

The Purchaser’s and Supplier’s rights and obligations with respect to

Custom Materials or elements of the Custom Materials are as follows:

Purchaser retains all rights to Custom Materials. Supplier’s rights to

use of such materials are limited to support for the Purchaser.

Supplier’s use for other applications is subject to prior specific

agreement with Purchaser on terms and conditions.

Custom Software and Custom Materials will only be fully identified

after Supplier completes and Purchaser approves the System Design.

Appendix 5 referred to in GCC 15.4 shall be completed and the related

Intellectual Property Rights shall be vested in the Purchaser at that

time.

GCC 15.5 The Source Code for the Custom Software and such other Software as

the Purchaser and the Supplier shall agree (the “Escrowed Source

Code”) shall be maintained in escrow with a reputed, independent

provider of escrow services (“Third-Party Escrow Provider”), mutually

designated and appointed under a separate Escrow Agreement. The

Supplier shall begin submitting the Escrowed Source Code to the

Third-Party Escrow Provider within 120 days of the Effective Date or

sixty (60) days after completion of such Escrowed Source Code. The

Supplier shall submit updates to the Escrowed Source Code to the


Third-Party Escrow Provider within thirty (30) days of any material

modification, upgrade or new release of the Software for which Source

Code is to be escrowed. The Third-Party Escrow Provider will be

retained to conduct a test of the Escrowed Source Code to determine

that it is a complete and accurate embodiment of the Software used by

the Supplier in providing the Services. The Escrow Agreement shall

contain the conditions for release of the Escrowed Source Code to the

Purchaser. The Escrow Agreement shall be in effect until such time as

it is terminated by written mutual consent of the Purchaser and

Supplier. All fees to be paid to the Third-Party Escrow Provider shall

be borne by the Supplier.

Unless otherwise agreed by the Supplier and the Purchaser, the

Purchaser shall have the right to request that the Escrowed Source

Code be released from escrow to the Purchaser if the Supplier fails to

maintain the Software that is in escrow or is no longer under any

obligation to do so.

16. Software License Agreements (GCC Clause 16)

GCC 16.1 (a)

(iii)

The Standard Software license shall be valid throughout the territory of

the Purchaser’s Country.

GCC 16.1 (a) (iv) Use of the software shall be subject to the following additional

restrictions: System to be used by no more than 350 users at any one

time and that if that figure is exceeded then additional license fees

are payable to the Supplier by the Purchaser.

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 provided the replacement

computer falls within approximately the same class of machine and

maintains approximately the same number of users, if a multi-user

machine.

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 support service

suppliers or their subcontractors, exclusively for such suppliers or

subcontractors in the performance of their support service contracts.

GCC 16.1 (b)

(vii)

No Special Conditions apply to this Clause.

GCC 16.2 The Supplier’s right to audit the Standard Software will be subject to the

following terms:

The Purchaser will allow, under a pre-specified procedure and

solely for the purpose of auditing the Standard Software, execution


of embedded software functions under Supplier’s control, and

unencumbered transmission of resulting information on software

usage.

The Supplier will not include programming in Software that

restricts and/or limits access to certain features, functionality or

capacity of such Software subject to the Purchaser making

payments or for other self-help or retaliatory purposes.

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 in perpetuity.

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 the following additional

powers and / or limitations to his or her authority to represent the

Purchaser in matters relating to the Contract no additional powers or

limitations.

GCC 18.2.2 The Supplier’s Representative shall have the following additional

powers and / or limitations to his or her authority to represent the

Supplier in matters relating to the Contract no additional powers or

limitations.

19. Project Plan (GCC Clause 19)

GCC 19.1 Chapters in the Project Plan shall address the following subject: [ for

example, specify:

1 Project Organization and Management Sub-Plan including

Task, Time, and Resource Schedules, Problem Identification,

Escalation and Resolution Mechanisms, and Quality

Assurance Arrangements


2 Change Management and Communication Sub-Plan

3 Software Design and Development Sub-Plan, including

System Development Lifecycle (SDLC) Methodology,

configuration, customization and development of software

and applications


5 System Integration Sub-Plan, including Structured

Implementation Approach for Pilot and Production

implementation detailing, at minimum:



iii. system functionality to be included in each

implementation phase,

iv. system testing

v. evaluation criteria that will be used to determine the

project's readiness for implementation of each of the

project's components

vi. and advantages and disadvantages of the proposed

implementation strategy and approach.

6 Training Sub-Plan

7 Inspection, Pre-commissioning and Operational Acceptance

Testing Sub-Plan, and Documentation

8 Warranty Service and Technical Support Sub-Plan

9 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.

GCC 19.2 Within thirty (30) 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 “non-

conformities” 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

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 non-

conformities, 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: [ state

“none,” or specify, for example:

(a) Monthly (Quarterly) progress reports, summarizing:

(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.

(b) inspection and quality assurance reports

(c) training participants test results

(d) monthly log of service calls and problem resolutions

20. Subcontracting (GCC Clause 20)


Clause 20.


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

thirty (30) days before bid submission.

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.

1. Project Management Plan

(1a) Communication and Change Management Sub-Plan

2. Detailed IIMS Technical Design / Study

3. Implementation/Installation Plan

(3a) IIMS Software and Components Unit Test Sub-Plan

(3b) IIMS System Integration Test Sub-Plan

(3c) IIMS System Integration Test Scripts

(3d) IIMS Acceptance Test Sub-Plan

(3e) IIMS Acceptance Test Scripts

(3f) Change Control Plan

(3g) Network Management & Helpdesk Implementation Plan

(3h) RISK Mitigation Plan

(3i) Backup & Restore / Continuity of Operations Plan

(3j) Migration Plan

4. Training & Knowledge Transfer Plan

(4a) Capacity Building Plan

(4b) IIMS Operations Training Materials

(4c) IIMS End User Training and Support Materials

5. IIMS Implementation and Recommendations Report


(5a) IIMS Software and Components Unit Test Results

(5b) IIMS System Integration Test Results

(5c) IIMS Acceptance Test Results

(5d) Sustainability Plan

6. IIMS Documentation

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.

23. Product Upgrades (GCC Clause 23)

GCC 23.4 The Supplier shall provide the Purchaser: with all new versions,

releases, and updates to all Standard Software during the Warranty

Period, at no charge.

24. Implementation, Installation, and Other Services (GCC Clause 24)


Clause 24.

25. Inspections and Tests (GCC Clause 25)


Clause 25.

26. Installation of the System (GCC Clause 26)


Clause 26.


27. Commissioning and Operational Acceptance (GCC Clause 27)

GCC 27.2.1 Operational Acceptance Testing shall be conducted in accordance with

the required procedures specified in Section D of the Technical

Requirements and the Agreed and Finalized Project Plan.

GCC 27.2.2 If the Operational Acceptance Test of the System, or Subsystem(s),

cannot be successfully completed within sixty (60) days from the date of

Installation or any other period 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 0.5% (one-half percent) of the

Contract Price per week. The maximum liquidated damages are 10%

(ten percent) of the Contract Price, or relevant part of the Contract Price

if the liquidated damages apply to a Subsystem.

GCC 28.3 Liquidated damages shall be assessed only with respect to achieving


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) The Supplier warrants that the following items have been released to the

market for the following specific minimum time periods: 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 (N) for Servers (if any) and Software shall begin

from the date of Operational Acceptance of the System and extend for

thirty-six (36) months.

GCC 29.10 The Contract will include a schedule mutually developed by the

Purchaser and Supplier indicating allowable response times for

defect and damage remedial measures for the various categories of


problems that can occur during the Warranty Period.

30. Functional Guarantees (GCC Clause 30)

GCC 30 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, including meeting the Minimum

Performance Requirements, the Supplier shall at its cost and

expense and as promptly as possible make changes, modifications,

and/or additions to the System as may be necessary to conform to

the Technical Requirement and meet all functional and performance

standards.

31. Intellectual Property Rights Warranty (GCC Clause 31)


Clause 31.

32. Intellectual Property Rights Indemnity (GCC Clause 32)

GCC 32 The Supplier shall indemnify, hold harmless and, at the election of

Purchaser, defend, 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 or use of the products or data 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.


33. Limitation of Liability (GCC Clause 33)


Clause 33.

G. RISK DISTRIBUTION

34. Transfer of Ownership (GCC Clause 34)

GCC 34 Ownership of the Information Technology and Goods shall remain

with the Supplier until Operation Acceptance by the Purchaser at

which time it shall transfer to the Purchaser.

35. Care of the System (GCC Clause 35)


Clause 35.

36. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification

(GCC Clause 36)


Clause 36.

37. Insurances (GCC Clause 37)

GCC 37.1 (c) The Supplier shall obtain Third-Party Liability Insurance in an amount

of equal to the cost of the bid with deductible limits of no more than US

Dollars 10,000. The insured Parties shall be the Purchaser. The

Insurance shall cover the period from the date of Contract

Effectiveness until the date of Operational Acceptance of the System.

GCC 37.1 (e) There are no Special Conditions of Contract applicable to GCC

Clause 37.1 (e).

38. Force Majeure (GCC Clause 38)


Clause 38.


H. CHANGE IN CONTRACT ELEMENTS

39. Changes to the System (GCC Clause 39)

GCC 39 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 disagreement will, at the election of

either party, be resolved in accordance with GCC Clause 6

(Settlement of Disputes).

40. Extension of Time for Achieving Operational Acceptance (GCC Clause 40)


Clause 40.

41. Termination (GCC Clause 41)


Clause 41.

42. Assignment (GCC Clause 42)

GCC 42 Add the following to the end of GCC 42.1:

“Provided, however, that the Purchaser may assign the Contract to

any Ministry or department of the Government of Ghana or to an

entity owned or controlled by the Government (including a joint

venture).”

Section VI. Technical Requirements 156

SECTION VI. TECHNICAL REQUIREMENTS (INCLUDING

IMPLEMENTATION SCHEDULE)


Table of Contents: Technical Requirements

A. Background ....................................................................................................................158

0.1 The Purchaser ..........................................................................................................158

0.2 Scope .......................................................................................................................159

0.3 Business Objectives of the Purchaser .....................................................................161

0.3 Acronyms Used in These Technical Requirements ................................................163

B. Business Function and Performance Requirements ...................................................168

1.1 Business Requirements to Be Met by the System ...................................................168

1.2 Functional Performance Requirements of the System ............................................175

C. Technical Specifications ................................................................................................178

2.0 General Technical Requirements ............................................................................178

2.1 Computing Hardware Specifications ......................................................................181

2.2 Software Specifications ..........................................................................................187

2.3 System Management, Administration, and Security Specifications .......................206

2.4 Service Specifications .............................................................................................215

D. Testing and Quality Assurance Requirements ............................................................243

E. Implementation Schedule ..............................................................................................247

Implementation Schedule Table .......................................................................................248

System Inventory Table (Supply and Installation Cost Items) [ insert: identifying

number ] ..................................................................................................................249

System Inventory Table (Recurrent Cost Items) [ insert: identifying number ] ............252

Site Table(s) .....................................................................................................................254

Table of Holidays and Other Non-Working Days ...........................................................255

F. Required Format of Technical Bids ..................................................................................1

5.1 Description of Information Technologies, Materials, Other Goods, and Services .....1

5.2 Preliminary Project Plan .............................................................................................1

G. Technical Responsiveness Checklist.................................................................................7

Technical Responsiveness Checklist ...................................................................................8

H. Attachments ........................................................................................................................9

Attachment 1. OAGMoJ’s Organizational Structures and ICT Use .................................10

Attachment 2. OAGMoJ Key Operational Functions and Processes ................................20

Attachment 3. IIMS Data Model .......................................................................................42

Attachment 4. IIMS Deployment Model Considerations..................................................48


Technical Requirements

A. BACKGROUND

0.1 The Purchaser

0.1.1 The Government of Ghana (GoG) has embarked on an ambitious effort to

utilize ICT to improve efficiency and transparency of government functions.

Under Component 3 of the World Bank supported eTransform Project (IDA

5304-GH), the GoG intends to apply part of the proceeds for the procurement

of a first phase, turnkey Integrated Information Management System (IIMS)

for the Office of the Attorney General and Ministry of Justice (OAGMoJ).

The OAGMoJ will serve as the implementing agency for the project and is

seeking proposals from qualified Bidders for the supply, installation,

integration, training, implementation and technical support of an integrated

Case Management, Document Management, and Collaboration ICT solution

(the IIMS), for the OAGMoJ head office in Accra and nine (9) regional

offices.

The Office of the Attorney General was created under Article 88 of the

Constitution of the Republic of Ghana, and acts as the principal legal adviser

to the Government of Ghana. Per the provisions of the Constitution, the AG

has the following main duties with regards to the delivery of legal services in

Ghana.

• To provide legal advice to the Government.

• The initiation and conduct of all prosecutions of criminal offences.

• The initiation and conduct of all civil litigations, for and on behalf of

the State.

• Responsible for drafting legislation and vetting of subsidiary

legislations of State Institutions.

Within the OAG are 3 main divisions, each focusing on a major functional

area of the AG constitutional mandate;

1. Civil Division;

2. Public Prosecution Division; and

3. Legislative Drafting Divisions.

Each division is made up of a head (Director), groups of attorneys with

different ranks (Chief State Attorneys, Principal State Attorneys, Senior State

Attorneys, State Attorneys, and Assistant State Attorneys), Registrars and

Support Staff.


The OAGMoJ constitutes the administrative set up that assists the AG to

perform the duties that have been assigned under the Constitution. OAGMOJ

is headed by the Attorney General, who is appointed by the President.

The Ministry has eight (8) established Agencies under it, each playing specific

legal functions. The agencies are;

1. The Office of the Attorney General,

2. The Copyright Office,

3. Council for Law Reporting,

4. Economic and Organized Crime Office,

5. General Legal Counsel,

6. Law Reform Commission,

7. Legal Aid Scheme and

8. The Registrar General’s Department.

Currently OAGMoJ has five (5) main Administrative Directorates that oversee

the overall administration of the institution. These are; the Finance

Directorate, General Administration Directorate, Human Resource

Development and Management Directorate, Research, Statistics and

Information Management Directorate, and Policy Planning, Budgets,

Monitoring and Evaluation Directorate (PPBMED). The administrative head

of the Ministry is the Chief Director.

0.1.2 The remit of these divisions, and other detail related to the organizational and

project management characteristics of OAMoJ is provided in Attachment 1 to

these Technical Requirements.

0.2 Scope

0.2.1 The System being procured under this IFB will develop a first stage integrated

case and document management system and automate the core case tracking

processes of the Office of the Attorney General’s three main divisions. The

System will be housed at the NITA data center in Accra, and access made

available via WAN to OAGMoJ’s nine regional offices in the first stage.

OAGMoJ intends to give bidders the flexibility to propose a design and

approach to providing a turnkey solution for the first-stage IIMS, in which a

fully scalable design and architecture is set up from the beginning - and which

can be expanded in terms of functionality and integration to external Justice

Sector systems, in a modular fashion in subsequent phases, as and when

funding becomes available. Scalability is therefore a necessary precondition.

These technical specifications are intended to define the minimum required

functionality and performance against which bids will be assessed for

compliance. Bids which propose solutions that do not provide the minimum

functionality and performance defined herein will be judged as non-compliant,

regardless of how much other functionality the bidder’s proposed solution

offers.


Proposed solutions which provide the minimum functionality required to be

considered compliant will be assessed based on the comprehensiveness,

functionality and performance parameters of the proposed solution and on the

adequateness of the preliminary work plan detailing the bidder’s approach to

providing the services specified in Section C of these technical specifications,

as needed to achieve full implementation, system integration, testing, training,

documentation, initial operations and management, etc.

OAGMoJ anticipates that there will be a total of 350 users amongst the courts

listed above for the proof of concept implementation.

The scope of work the Supplier MUST undertake in this Contract is

summarized below, and specified in detail in subsequent sections:

(i) Analyze the system requirements presented in these technical

specifications and execute a Detailed Design Study, specifying the

physical architecture and implementation architecture including system

design, technology choices/architecture, operational models and all

associated documentation and artifacts necessary to enable OAGMOJ

to understand, operate, maintain and enhance the System. The

implementation architecture designed by the Supplier MUST comply

with the GoG Enterprise Architecture (EA) and e-Government

Interoperability Framework (e-GIF), to enable downstream integration

with other agencies’ systems (e.g. Police, Prisons, etc.) when available.

(ii) Develop and implement a turnkey Case and Document and

Collaboration Management System in the target Divisions, with full

installation, system integration, testing, launch, and initial operations

and management.

(iii) Develop documentation and online, wiki-format “knowledge-base”

information and training materials related to the system. This MUST

include, but is not limited to:

a. Product manuals that are applicable to the installation

b. Customization and set-up related documents

c. Software (applications and utilities developed specifically for

the project) design specifications, operational manuals, guides

and templates, etc.

(iv) Perform knowledge transfer and training:

a. Train a OAGMoJ Core Team of business users in a “train the

trainer” method to enable them to later train other OAGMOJ

business users to transition to the new system.

b. Train OAGMoJ IT specialists including system engineers,

developers, systems and database administrators, data center

operation staff, technical support staff, and helpdesk team to

operate and maintain the IIMS, and support the associated day-

to-day operations.


(v) Transfer all system artifacts to OAGMoJ, including documentation,

specifications, guides, manuals, etc.

0.2.2 Attachment 1 to these Technical Requirements provides a description

regarding Existing Information Systems / Information Technologies in use

within OAGMoJ.

0.3 Business Objectives of the Purchaser

0.3.1 The OAGMoJ faces the following documented challenges in executing its

mandate:

• Limitations of Manual Filing System: The manual filing system currently

in use in the Registries makes retrieval of files very difficult.

• Loss of Paper Files and Data: There is occasional loss of paper files and

data when files are not stored properly to facilitate retrieval.

• Lack of In-House Access to Shared Information: The lack of in-house

access to shared information on Laws, statutory regulations and status of

actions and procedures hampers and delays real time resolution of issues

and adversely impacts on work delivery.

• Lack of Electronic Versions of Existing Laws: The Ministry is unable to

keep electronic versions of existing laws. This situation delays the

dissemination of information to the public and also limits the ability of the

Ministry to conduct research quickly.

• Lack of Well Stocked Library: There are very few copies of the Ghana

Law Reports (GLR) and the Supreme Court of Ghana Law Reports

(SCGLR) in the library even though these are essential working tools of

Attorneys.

• Case/Matter Management System: Due to lack of case management

system the Office of the Attorney General is unable to manage its cases

efficiently in terms of assignments, monitoring and supervision.

• Inadequate computers and other IT equipment and infrastructure: The

Ministry lacks adequate computers to meet its requirements. Hence

Attorneys have to make personal arrangements to provide computers.

Also, there is the need to improve internet connectivity.

0.3.2 OAGMoJ automate in this procurement core Divisional processes and

procedures and provide key functionalities to its workforce via the following

core application components:

i) Electronic Case Management System (ECMS) – This component of the

system to be developed is important to facilitate digital handling of all

cases or tasks brought to the OAG. The module will integrate the work of

the AG in the three divisions and ensure timely exchange of information.

The system shall provide several interfaces and functionalities that

uniquely address the users’ needs. For example, it will allow the various


users within the OAG (The AG, Division Heads, Group Heads, Tasked

Lawyers) to create cases/work, automate tasks that relate to those cases

and manage contacts that are relevant to the case.

ii) A Document and File Management System – This component module

will keep track of, manage and store documents electronically and keep

records of various document versions created and modified by different

users (history tracking). The Document and File Management System shall

handle all records electronically throughout their lifecycle, from capture to

eventual destruction or permanent preservation, while retaining integrity,

authenticity and accessibility. The Document and File Management system

will be seamlessly integrated with the Electronic Case Management

System.

iii) Collaboration and Correspondence Management System – The

functions of the AG’s Office require extensive collaboration both within

and outside the department. This module of the IIMS will allow the

creation of teams to enable collaboration of different stakeholders and

collaboration of different teams working on different cases, provide

scheduling and alerts, etc.

The IIMS solution will automate processes of OAG’s three core divisions and

serve the following primary categories of end users:

• Civil Division;

• Public Prosecution Division

• Legal Drafting Divisions and

• Other Stakeholders

0.3.3 OAGMoJ’s objectives for the new system include:

• To increase the capacity of the legal system to enhance speedy and

affordable access to justice for all.

• To promote Transparency and Accountability and reduce opportunities for

rent seeking.

• To improve database for policy formulation, analysis and decision making.

• To develop and retain Human Resources at National, Regional and District

levels.

• Support the creation of an automated workflow with configurable business

rules to process and track verification application cases, inquiries, and

work assignments.

• Provide, support and manage data, including documents, associated with

new cases, users and solution operations.


• Provide the capability to automatically populate and manually edit the

contents of letters that OAGMoJ produces throughout the Verification

process and include e-Signature capabilities.

• Provide standard reports and dashboards for overall case processing, call

handling, and each major verification process. Ad hoc queries shall be

supported.

• Develop online help content for capabilities not already documented

through COTS online help content. This includes integrating OAGMoJ

supplied help content, such as FAQs.

0.3 Acronyms Used in These Technical Requirements

Term Explanation

AC Air conditioner

ADF automatic document feeder

AES Advanced Encryption Standard

AG Attorney General

ANSI American National Standards Institute

ARP Address resolution protocol

BDS Bid Data Sheet

BMP Bit map protocol

bps bits per second

CCTV Closed circuit television

CD Compact disc

CD-ROM Compact disc – read only memory

CFS Cluster file system

CINT CPU Integer

CLI Command line interface

CMS Case Management System

CoS Cooperation for open systems

COTS Commercial-off-the-shelf

cps characters per second

CPU Central Processing Unit


Term Explanation

CV Curriculum Vitae

DBMS Database Management System

DDR Double data rate

DES Data Encryption Standard

DHCP Dynamic host configuration protocol

DNS Domain name system

DOS Disk Operating System

dpi dots per inch

DSCP Differentiated services code point

DTE Data terminal equipment

DVD-RW Digital Versatile Disk Rewritable

EA Enterprise Architecture

EAL Evaluation assurance level

EAP Extensible authentication protocol

ECMS Electrical Case Management System

ELA Electrical load analysis

EPEAT Electronic product assessment tool

Ethernet IEEE 802.3 Standard LAN protocol

FCC Federal Communications Commission

FRX Frame relay exchange

GB gigabyte

GCC General Conditions of Contract

GIF Government Interoperability Framework

GoG Government of Ghana

GUI Graphical user interface

HDD Hard disk drive

HTML Hypertext markup language

HW Hardware

Hz Hertz (cycles per second)


Term Explanation

ICT Information and Communication Technologies

IEEE Institute of Electrical and Electronics Engineers

IETF Internet Engineering Task Force

IFB Invitation for Bids

IGMP Internet Group Management Protocol

iSCSI Internet small computer system interface

ISO International Standards Organization

jpg Joint photographic group

jpeg Joint photographic experts group

KB kilobyte

KV/kVA Kilovolt / kilovolt ampere

LAN Local area network

LCD Liquid crystal display

LDAP Lightweight directory access protocol

lpi lines per inch

lpm lines per minute

LSPP Labeled security protection protocol

MB megabyte

MDS Multipoint distribution service

MS Microsoft

MTBF Mean time between failures

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

NIC Network interface card

NIST National Institute of Standards and Technology

NITA Ghana National Information Technology Agency

NOS Network operating system

OAGMoJ Ghana Office of Attorney General and Ministry of Justice

ODBC Open Database Connectivity


Term Explanation

OEM Original equipment manufacturer

OLE Object Linking and Embedding

OS Operating system

OSPF Open shortest path first protocol

PC Personal computer

PCI Peripheral component interconnect

PCX Personal computer extention

PCL Printer Command Language

pdf Portable document format

PEAP Protected extensible authentication protocol

PIM-SM Protocol independent multicast-sparse mode

PKI Public key infrastructure

PMO Project management office

png Portable network graphic

ppm pages per minute

PS PostScript -- Adobe page description language

QoS Quality of service

RAID Redundant array of inexpensive disks

RAM Random access memory

RBACCP Role based access control protection profile

RDBMS Relational database management system

RHEL Red Hat Enterprise Linux

RIP Routing internet protocol

RISC Reduced instruction-set computer

rtf Rich text format

SATA Serial advanced technology attachment

SCC Special Conditions of Contract

SCSI Small Computer System Interface

SDLC System development life cycle


Term Explanation

SFP Small form factor pluggable

SHA Secure harsh algorithm

SLA Service level agreement

SLES SuSE Linux Enterprise Server

SNMP Simple Network Management Protocol

SOP Standard operating procedure

SPOC Single point of contact

SQL Structured Query Language

SSL Secure sockets layer

SSO Single sign on

SW Software

TB Terabyte

TCP/IP Transmission Control Protocol / Internet Protocol

tiff Tagged image file format

TLS Transport layer security

USB Universal serial bus

UTP Unsheilded twisted pair

V Volt

VA Volt-ampere

VGA Video graphic array

VLAN Virtual local area network

VMS Virtual memory system

VRRP Virtual router redundancy protocol

WHr Watt-hour

wmv Windows media high definition video format

xls Excel spreadsheet file format


B. BUSINESS FUNCTION AND PERFORMANCE REQUIREMENTS

1.1 Business Requirements to Be Met by the System

1.1.1 Functions

OAGMoJ functions to deliver quality legal services through its agencies in a

coordinated and interrelated manner. The ministry also works with other legal

stakeholders, mainly the Ghana Police Service, the Judicial Service of Ghana,

and the Prison Service, as well as external institutions such as the Immigration

Service, the Ministry of Foreign Affairs, and all Ministries, Departments and

Agencies (MDAs) of the government. The Figure below depicts the

interaction among the various actors in the legal service delivery from the

perspective of the OAG.

Police

(Investigation)

Police Service

AG Secretariat

Public

Prosecution

Division

Judicial Service

(Registry &

Courts)

Forward

Criminal

History

Forward case

details

Attending

Courts

Public Prosecution

cases

Civil Division

Civil related

cases

MDAs

Proposals and

Case documents

Legislative

Drafting Division

Drafting of

Legislation

Attending Court

Cabinet

Parliament

Approval of

Bill to be laid

In Parliament

Parliamentary

Sittings

General Legal

Council

All Other

Stakeholders

Copyright

EOCO

Law Reporting

Commission

Legal Aid

Scheme

General Legal

Council

Registrar’s

General Dept.

Figure - High Level Interaction among Stakeholders in Legal Service Delivery

While all OAGMoJ agencies play important roles, the key processes that

underpin the OAGMoJ mandate are handling civil cases, criminal cases, and

drafting of legislation. The legal and business processes associated with all

civil, public prosecution, and legal drafting of the OAGMOJ are handled by


the OAG through the 3 divisions. All the other agencies or institutions either

provide input or receive output at some point in the process.

At present, all processes depicted in the graphic above are manual / paper-

based. The initial phase (phase 1) of the IIMS implementation (this

procurement) will focus on automating the operational functionalities of the 3

divisions of OAG. This will constitute the core of the system implementation.

The System will be expanded and extended to other stakeholders to achieve

electronic correspondence and information sharing in phases 2 and 3, as and

when future fundamental IT requirements in other stakeholders (e.g. the

government Ministries, Departments and Agencies, Judicial Service, Police

and Prison Service) enable this to occur.

The functional requirements of the IIMS – presented in detail in the Software

Specifications in Section 2.3 - address organization-wide document

management and collaboration, and the automation of specific activities and

processes, including but not limited to:

• Create/modify case details

• Generate suit number (Case ID)

• Manage Party Records

• Update Case Details

• Record Orders

• Document Generation

• Manage Calendars

• Track Complaints

• Manage Case Notes

• Manage Work Flow

• Evidence/Exhibits Management

• Reporting

• Manage Sign On

These technical specifications are intended to define the minimum required

functionality and performance against which bids will be assessed for

compliance. Bids which propose solutions that do not provide the minimum

functionality and performance defined herein will be judged as non-compliant,

regardless of how much other functionality the bidder’s proposed solution

offers.

Proposed solutions which provide the minimum functionality required to be

considered compliant will be assessed based on the comprehensiveness,

functionality and performance parameters of the proposed solution and on the


adequateness of the preliminary work plan detailing the bidder’s approach to

providing the services specified in Section C of these technical specifications,

as needed to achieve full implementation, system integration, testing, training,

documentation, initial operations and management, etc.

1.1.2 Processes

Civil Processes

The Civil Division undertakes major functions each of which has basic

process steps to accomplish it. These basic processes share similarities and can

broadly be categorized into two main business processes;

1) Process for Handling Civil Cases on behalf of the State;

2) Process for Other Legal Functions and Correspondence with MDAs.

Public Prosecution Processes

The business process for prosecution functionalities, from a systems point of

view, can be seen as largely a single process flow but with different

documentations and users at different stages. The major stages are:

• Generic Division Process (internal workflow)

• Receiving Investigation Dockets and creating a Case Docket

• Reaching a decision on offences committed

• Handling Activities During Trials (Applications and Court Proceedings)

Legislative Drafting Processes

The Legislative Drafting Division’s workflow consists of two major

processes:

1. Process for Legislation Drafting;

a. Drafting of Substantive Legislation (Acts of Parliament), and;

b. Drafting of Subsidiary Legislation (Regulations, Rules and

Instruments)

2. Process for Non-Drafting Functions and General Correspondence

Workflow.

The Non-Drafting Functions cover such duties as preparation of Legal opinion

and advice on Legislative Proposals, conducting Legal research to provide

advice to MDAs on proposed legislation, and all forms of correspondence.

Non-Drafting Functions follow the generic internal workflow of the Office of

the Attorney General.

The diagrams on the following pages depict the OAGMoJ Divisions’ core

processes, and the shaded portions in colour green and pink represent the tasks

or parts of the tasks that MUST be automated, fully or partially as indicated,

by the IIMS. Appendix 2 to these Technical Requirements provides additional

detail on OAGMoJ business processes.

.


Business Process at Civil Division: Handling Cases and Offering Legal AdviseT

ran

sp

ort

Off

ice

Gro

up

Att

orn

ey

Me

mb

er

Gro

up

Att

orn

ey

Le

ad

er

Div

isio

n

He

ad

(So

lic

ito

r-

Ge

ne

ral)

Civ

il D

ivis

ion

Re

gis

try

Att

orn

ey

Ge

ne

ral

Se

cre

tari

at

Att

orn

ey

Ge

ne

ral

MD

As/o

the

r

Ex

tern

al

Pa

rtie

s

Internal

External

New

Existing Internal

External

Yes

Other Legal

Functions

Trial Case

No

Receives &

record external

information,

notify the AG

Submit document to

Division head

through Division

Registry

Examine

instructions and

act

recipient

Send case file to

assigned Group

Attorney Head

Receives

correspondence

and act accordingly

Record case/

correspondence in

appropriate book,

create case file with a

case file numberReceives & update

case file, update AG

of outstanding issue Issue

Receives, review

document and

minute instructions

on it

Receives the

minuted

documents

Finalize work report

and submit to MDA

with a cover letter

signed by AG

assess the issue

and minutes

instructions on it

Receives & record

document on

behalf of the

Division, notify

Division head

Submit work

report to AG

for approval

submit relevant

document to

AG

Send update to

the AG through

the AG Registry

Review document/

instructions and instruct

the appropriate Attorney

Files all relevant

applications &

address

correspondence

Receives case

file and act per

instruction

Search for & update

case file, with

incoming document

Carry out task

and consultation

with Group Head

Represent AG

and the MDA in

court during

trial

Update heads and

submit case file to

Division Registry

Send feedback to

MDA/ External

Party through the

Transport Office

Appeal?

After judgment,

request a copy of the

Judgment and

prepare outcome

report

instruction

Nature of

case

Begin

Appeal

process

Storage

Storage

Dispatch documents

and update the

appropriate registry

c Complete automation

Partial automation

Figure - Civil Division Process Map


Business Process at Prosecution Division: Handling Criminal Cases & Correspondence

Attorney

General

Group

Attorney

Member

Group

Attorney

Leader

Division Head

(DPP)

Division

Registrar

Attorney

General

Secretariat

Transport/

Dispatch

Office

Investigative

Bodies

Other

External

Parties

For Division

External

New

ExistingInternal

External

Yes

New Case

existing No

Storage

Receives & record

document on behalf

of the Division,

notify Division head

Receives

correspondence

and act

accordingly

Case

Send case file to

Attorney’s Group

Head

Receives &

record external

information,

notify AG

Liaise with

Investigating body to

prepare charge sheet,

witness conference,

all correpsondenceNature of

case

instruction

Request for AG

approval

(Signature) through

the AG registry

Search for & update

case docket, with

incoming

applications

Prepare and Liaise

with Dispatch Office

Receives

correspondence

and act accordingly

Storage

receives

document and

minutes

instructions on it

Examine

instructions

and act

Receives case

file and act per

instruction

Receives the

minuted

documents

Examine assigned

case and then minutes

to appropriate Attorney

Respond to

feedbacks &

issues

Submit document to

Division head/

Attorney through

Division Registry

Record case, create

case docket with a

case file number

Attend to court

proceedings and

update Registry

File relevant

applications &

address

correspondence

Update Case file

and store

Submit opinion

report to

Attorney’s Group

head for vetting

Study docket to

determine charges

and write opinion

recipient

submit case

dockets/ relevant

documents

Represent AG

and the MDA in

court during trial

Vet document

and opinion on

case

After judgment,

complete relevant

document and

submit Docket to

Registry

Appeal?

Begin

Appeal

process

end

assess the issue

and minutes

instructions on it

Receives

instruction

External

Storage

Act on Division’s

request

Prepare and

Liaise with

Dispatch Office

Dispatch documents

and update the


Complete

automation Partial automation

Figure - Public Prosecution Division Business Process Map


Business Process at Legislative Drafting Division: Drafting Substantive Legislation

Par

liam

ent

Tra

nsp

ort

Off

ice

Pu

blis

hin

g &

Ass

emb

ly P

ress

Gro

up

Att

orn

ey M

emb

ers

Gro

up

Att

orn

ey

Lea

der

Div

isio

n

Hea

d (

DL

DD

)D

ivis

ion

Reg

istr

yA

tto

rney

Gen

eral

Sec

reta

riat

Att

orn

ey

Gen

eral

Sp

on

sori

ng

Min

istr

y

(MD

A)

Cab

inet

For Division

External

New

Internal

External

Non-Drafting

Functions

Draft

finalized

Storage

Record case,

create case file

with a unique file

number

Submit document to

Division head or

Attorney through

Division Registry

recipient

Examine

instructions

and act

Vet draft legislation,

update Superior or

back to Attorney for

corrections

Storage

Receives case

file and act per

instruction

Update case

file and

store

Receives & record

document on behalf

of the Division, notify

Division head

Receives &

record

information,

notify AG

submit drafting

instructions &

Cabinet approval

document

Prepare and liaise


Send case file

to Attorney

Group head

Receives &

act per

instructions

Request for AG

approval (sign.)

through the AG

Registry

assess the issue

and minutes

instructions on it

Prepare draft

Bill & send to

Group Head

receives document

and minutes

instructions on it

instruction

Receives

correspondence

and act accordingly

Case

Receives

correspondence

and act accordingly

Search for &

update case file,

with incoming

documents

Examine case

and minutes to

Attorney(s)

nature

Vet draft

Legislation and

provide feedback

Dispatch documents

and update


NoDraft

complete?

Cabinet reviews and

approves bill to be

laid in parliament

Seek approval from

Cabinet for bill to be

laid in parliament

Yes

Parliamentary

sittings to

pass Bill

Present Bill in

Parliament

Attend to

Feedbacks

Attend

parliamentary

sittings and

mark legislation

Update Superiors

and send

updated case file

to LDD registry

External

For AG

Action

Assembly Press

provides printed

proof of Bill

drafting

Stage

In progress

Proofread

Bills

1st time

Address issues

and produce

relevant

document

Bill status

Ready for

Proofreading

Bill enter into force

Publishing

Company

gazettes Bill

Receives

printed proof

from Assembly

press

Act on Division’s

request

Prepare and

liaise with

Dispatch Office

Storage

Communicate

notice of approval

to MDA & AG

Existing

Complete automation Partial automation

Figure - Legislative Drafting Division Business Process Map for Substantial Legislation


Business Process at Legislative Drafting Division: Drafting Subsidiary Legislation

Gro

up

Att

orn

ey

Me

mb

ers

Gro

up

Att

orn

ey

Le

ad

er

Div

isio

n

He

ad

(D

LD

D)

Div

isio

n R

eg

istr

yA

tto

rne

y G

en

era

l

Se

cre

tari

at

Att

orn

ey

Ge

ne

ral

Tra

ns

po

rt

Off

ice

Sp

on

so

rin

g M

inis

try

(MD

A)

Off

ice

of

Pa

rlia

me

nt

Pu

blis

hin

g

Co

mp

an

y

For Division

External

New

Internal

External

Draft

finalized

Storage

No

Yes

External

For AG

In progress

1st time

StorageExisting

Receives

correspondence

and act accordingly

Revise draft

legislation

Update Superiors

and send

updated case file

to LDD registry

Vet draft

Legislatoin and

provide feedback

submit proposal for

subsidiary legislation

Dispatch documents

and update


Examine case

and minutes to

Attorney(s)

Stage

Receives case

file and act per

instruction

assess the issue

and minutes

instructions on it

Prepare draft

Legislation &

send to Group

Head

Receives notice of

date of entry into

force of legislation

Parliamentary

sittings to

pass Bill

Vets draft Legislation,

update Division head

or back to Attorney for

corrections

Receives &

record

information,

notify AG

Receives & record

document on behalf


Division head

Storage

Receives &

act per

instructions

Submit document to

Division head or

Attorney through

Division Registry

Draft

complete?

Prepare and

liaise with

Dispatch Office

Proposed Legislation

published (Gazetted)

Notify LDD/ AG of

the implementation

date of legislation

Send case file

to Attorney

Group head

Address issues

and produce

relevant

document

Prepare and liaise


recipient

instructionSearch for &

update case file,

with incoming

documents

Attends

parliamentary

sittings

Stakeholder

meeting

Examine

instructions

and act

Act on Division’s

request

Record case,

create case file

with a unique file

number

CaseUpdate case

file and

store

Present draft

legislation in

Parliament

Action

receives document

and minutes

instructions on it

Request for AG

approval (sign.)

through the AG

Registry

Attend to

Feedbacks

Complete automation Partial automation

Figure - Legislative Drafting Division Business Process Map for Subsidiary Legislation


1.1.3 Data

Attachment 3 to these technical specifications presents a high-level

representation of the OAG data model which illustrates the core business

concepts and the logical data structures and includes entity relationships and

data element classifications which will constitute the core of the IIMS

Database Schema. The data model illustrates the core business concepts and

the logical data structures that need to be coordinated between actors of the

divisions and other related agencies.

For purposes of commonality and simplicity, a common premise is that any

new task or submission brought to the OAG is regarded as a case.

Also presented are the reference data and pre-defined codes which will be

used by the IIMS. These must be unified, entered and stored centrally for the

application (Atlas) to be accessed by all users when needed.

1.2 Functional Performance Requirements of the System

1.2.1 The IIMS System MUST meet the following performance levels:

a) The System and Sub-systems MUST have open interfaces and conform to

established industry standards to facilitate system integration where

products of various vendors could be used for the total systems solution.

The integrated elements of the system MUST perform at the specification

level in such environment;

b) The System as built MUST be compliant with the GoG EA and e-GIF.

c) The System MUST be modular in structure such that individual modules

can be progressively acquired and implemented;

d) The System MUST be an integrated product – that is the individual

modules/systems collectively function as a unified package within the

overall system (e.g. using the same IT architecture, common databases,

system parameters and be fully integrated in terms of data interchange and

compatibility between individual modules);

e) The System MUST be well established in the market or / and has already

been used extensively in Ghana or elsewhere;

f) The System MUST be built utilizing well-established and widely accepted

RDBMS software;

g) The System MUST be flexible, easy to use and can be readily adapted to

changing requirements without the need for major software or hardware

upgrades;

h) The IIMS System MUST capture information as required to support

OAGMoJ business practices, and reporting that includes specific reporting

deadlines. OAGMoJ anticipates that peak periods of data loading and data

access will occur during compressed timeframes just prior to reporting

deadlines. The IIMS MUST perform in a manner that provides sufficient


system response time and minimal system downtime to avoid impacting

OAGMoJ staff's ability to complete their business and reporting

requirements.

i) The components MUST be designed and constructed in such a fashion that

they reflect industry best-practices, and sufficient testing MUST be

performed to ensure that performance is optimal and reliable, and that the

components will support user business needs.

j) The IIMS System MUST be capable of supporting initial Rollout and

Future usage loads. The System MUST be scalable and based on an

incremental design architecture which enables the increase in users to be

met by the addition of clustered and load sharing servers. These

performance requirements are for sustained average loading, measured

over a period of 4 hours. Additionally, the portal MUST be capable of

sustaining a peak loading of 30% in excess of these performance levels for

a period of 30 minutes maximum.

k) The IIMS System MUST be designed for an anticipated life span of at

least five years and be future-proofed to manage technology changes over

this period in terms of hardware and software architecture and technology.

l) The various essential components of the System MUST be able to offer

software-based clustering and load sharing capability which enables the

creation of clustered additional servers to share heavier load when

required.

m) The System and all associated systems MUST deliver an overall

availability of 99.95% with the maximum length of a single downtime

incident in any one calendar year (January-January) being 4 hours.

n) Essential maintenance to the System and all associated applications MUST

be capable of being executed without interruption to service.

o) If downtime is experienced for any reason, a notice MUST be displayed on

the portal stating the expected time to repair.

p) Within one hour of any malfunction, the problem MUST be logged,

analyzed to gauge the severity of the problem and a course of remedial

action identified with appropriate persons notified.

q) The System MUST be shown to be capable of maintaining the integrity of

all the data which it controls and makes available. Integrity testing MUST

form part of the system acquisition and acceptance process.

r) The System MUST deliver minimum performance characteristics as

shown in the table following, given these sizing requirements, measured

from the completion of the key stroke which sends the request from the

client to the receipt of the first byte of the response back from the portal by

the client. Performance will be measured so that the bandwidth and latency

of the network between the web server and the user’s machine does not


contribute to the response time, i.e. performance will be measured with a

direct connection to the web server, not through the Internet. The System

MUST undergo the appropriate load, stress and performance testing to

ensure that it responds within the required parameters for initial use and

future transactional volumes.

Function Performance Requirement

Home Page 1.5 seconds

Static Content 2 seconds

Dynamic Content 5 seconds

Document Repository 3 seconds

Search Facilities 3 seconds

u) IIMS performance requirements MUST be validated during the testing and

implementation stages of each phase. The Supplier MUST commit to

establishing mutually agreeable system response times for performance of

typical IIMS functions.

1.3 Related Information Technology Issues and Initiatives

1.3.1 In future it will be necessary to develop formal exchanges of

information between agencies, according to standards defined in the

GoG Enterprise Architecture (EA) and e-Government Interoperability

Framework (e-GIF). The implementation architecture designed by the

Supplier MUST comply with the GoG’s EA and e-GIF, to enable

downstream integration with other agencies’ systems (e.g. Police,

Prisons, etc.) when available.

1.3.3 It is the intention of the OAGMoJ to deploy the procured IIMS at

NITA’s data center in Accra, and to utilize existing infrastructure

available at NITA’s Kumasi data center for backup and disaster

recovery. A detailed description of the infrastructure and services

available from NITA appears in Attachment 4 to these Technical

Requirements.

1.4 Legal Codes and Regulations

In designing an automated system for case management in the AG’s Office,

the vendor must be careful to ensure that the system and all its parts are in line

with existing legislation. The relevant statutes of which the Bidder must have

a fundamental understanding to deal with the digital equivalence of the current

paper-based regime are as follows:

1. The 1992 Constitution of the Republic of Ghana

2. The Courts Act

3. High Court (Civil Procedure) Rules, 2004, C.I. 47


4. Civil Proceedings (Fees and Allowances) Rules 2007 C.I. 55

5. Court (Award of Interest and Post Judgment Interest) Rules 2005 C.I. 52

6. Data Protection Act

7. Electronic Transactions Act

8. National Information Technology Act

9. Electronic Communications Act

10. Regulations made pursuant to the Electronic Communications Act as

passed and/or as proposed and delivered to the Ministry of

Communications:

C. TECHNICAL SPECIFICATIONS

2.0 General Technical Requirements

2.0.1 The system components MUST be proven and be well established in the

market and have already been used extensively in Ghana or other countries.

a) The database technologies MUST be in common use (e.g. DB2, Oracle,

MYSQL, MS/SQL, etc.).

b) The System MUST integrate with Microsoft Office products (e.g. MS

Word, MS Excel, and MS Outlook).

c) The System MUST handle and store documents in a wide variety of

formats. At a minimum, these include: JPG, PDF, DOC(x), XLS(x), GIF,

WMV, MP3 and Open Office documents.

2.0.2 The System MUST be capable of running continuously with no more than 8

hours a year down time for maintenance.

2.0.3 The System MUST support the following Desktop environments:

a) Operating Systems: Windows XP, 2000, Vista and Windows 7 - 10

b) Web browsers: Microsoft Edge, Microsoft Internet Explorer from version

8 onwards, Firefox from version 5, Chrome

c) MS Office suite: 2003, 2007, 2010, 2013 and 2016

2.0.4 The System MUST be architected and implemented in accordance with the

GoG EA and e-GIF, to enable future integration with other agencies’ systems.

OAGMoJ requires that the System be based on published standards

architecture with applications and interfaces, to align with GoG’s EA.

Examples of these include standards published by: OASIS; NIST; IEEE;

ANSI; IETF (RFCs); ITU and W3C.

2.0.5 Security of the System MUST be in accordance with international best

practices for Government systems, compliant with ISO 27001:2005, and

aligned with the Security component of GoG’s EA. The use of server


certificates is required and the Supplier MUST set up the System to issue

certificates and incorporate them into the directory server, and arrange server

security and authentication when users and data are transferred from the

Portal.

2.0.6 The System MUST be modular, extensible, and scalable.

2.0.6.1 Modules shall be easily integrated to each other and to external

functions by well-documented interfaces (industry standard such as

LDAP and SSO, were applicable).

2.0.6.2 The System MUST be scalable, with only hardware additions and

additional software licenses, to 2500 concurrent users and support up

to 100,000 active documents.

2.0.6.3 Bidders must address in their bid how the first phase system

components can be scaled up, in a modular fashion, in the coming

years.

2.0.7 Language Support: The IIMS and all associated information technologies

must be capable of utilizing the English language. Specifically, all display

technologies and software must utilize UNICODE for input, display, storage

and print.

2.0.8 Dates: All information technologies must properly display, calculate, and

transmit date data, including, but not restricted to 21st-Century date data.

2.0.9 All hardware proposed as part of the IIMS MUST conform to the following:

2.0.9.1 Electrical Power: All active (powered) equipment MUST operate on:

(a) Voltage range: 220v +/- 20v

(b) Frequency range: 50Hz +/- 2Hz

(c) All active equipment must include power plugs standard in Ghana

(d) The equipment must have low power consumption and compact

design

(e) The Supplier must supply all the necessary rack enclosure(s),

power and data cabling required for the installation of the supplied

equipment.

2.0.9.2 Environmental: All components used and equipment supplied must be

able to withstand climatic conditions in Ghana and unless otherwise

specified, all equipment must operate within the following ranges:

(a) Ambient Temperature: 10°C to 40°C

(b) Relative Humidity: 20 to 80 percent relative humidity

(c) Dust: 0-40 grams per cubic meter

2.0.9.3 Safety:


(a) All electronic equipment that emits electromagnetic energy must

be certified as meeting US FCC class B or EN 55022 and EN

50082-1, or equivalent, emission standards.

(b) Unless otherwise specified, all equipment must operate at noise

levels no greater than 60 decibels.


2.1 Computing Hardware Specifications

2.1.1 It is the intention of the OAGMoJ to deploy the procured IIMS on existing

infrastructure available at the NITA Data Center in Accra. A detailed

description of the infrastructure available at the NITA Data Center appears in

Attachment 4 to these Technical Requirements.

OAGMoJ understands that specific hardware requirements and configurations

are highly dependent on the Supplier’s standard technology. Bidders MUST

carefully review and assess the description of available infrastructure provided

in Attachment 1, to determine whether their proposed system can be hosted on

and administered from the existing facilities. If the Bidder’s system will

require additional equipment not already deployed by OAGMOJ, the Bidder

MUST propose all such equipment, clearly identified as alternatives to the

already procured equipment, adequately documented to demonstrate that the

alternative will meet the functional performance requirements detailed in these

Technical Requirements; and provide itemized costing for all additional

hardware in their Financial Proposal.

2.1.2 Branch Office Servers (Quantity: 9) - As configured for the bid, the Branch

Office servers MUST meet, at minimum, the following requirements:

a) Central processing unit: Not less than Intel® 8th Gen Core™ i7 or

equivalent performance based on an overall score 34.2 according to Spec

CPU 2006

b) Memory: Not less than 8 GB

c) Ethernet Controller: Not less than 1 GB or compatible

d) Hard disk: Not less than 1 TB

e) I/O Ports: Not less than two (2) rear mount USB 3.0 and six (6) external

USB 2.0 ports; 1 Serial port; 1 PS/2; 1 RJ-45; 1 VGA; 1 Display Port 1.2;

1 Mic-in & 1 Headphone out (front)

f) Optical Drive: 8X DVD R/W

g) Power supply unit: Not less than 250 W

h) Graphics: Integrated HD graphics

i) Operator devices: Keyboard with Smart Card Reader, optical mouse with

scrolling wheel

j) Support: The Supplier shall provide full technical documentation on

equipment maintenance in English.

k) Monitor Type: Not less than 20 inch LCD flat panel or equivalent

technology

a. Contrast Ratio: not less than 1000:1.5 ms response time

b. Input signal: VGA, DVI-D


c. Viewing angle: 160° horizontal; 160° vertical

d. Native Resolution: Not less than 1280 x 1024

l) Environmental Standards: at least one of ENERGY STAR® 5.2, CECP,

WEEE, Japan Energy Law, South Korea E-standby, EU RoHS, China

RoHS.

m) Operating system and Software: Pre-Installed Genuine Windows ® 10

Professional 64 & Office 2013 Professional OEM

n) Warranty: Not less than 3 years

2.1.3 Desktop Workstations (Quantity: 188) - As configured for the bid, the

Desktop Workstations MUST meet, at minimum, the following requirements:

a) Form Factor: Ultra Slim Desktop computer or “all in one” integrated work

center and accessories

b) Central processing unit: Not less than Intel® 8th Gen Core™ i7 or

equivalent performance based on an overall score 34.2 according to Spec

CPU 2006

c) Memory: Not less than 8 GB

d) Ethernet Controller: Not less than 1 GB or compatible

e) Hard disk: Not less than 1 TB

f) I/O Ports: Not less than two (2) rear mount USB 3.0 and six (6) external

USB 2.0 ports; 1 Serial port; 1 PS/2; 1 RJ-45; 1 VGA; 1 Display Port 1.2;

1 Mic-in & 1 Headphone out (front)

g) Optical Drive: 8X DVD R/W

h) Power supply unit: Not less than 250 W

i) Graphics: Integrated HD graphics

j) Operator devices: Keyboard with Smart Card Reader, optical mouse with

scrolling wheel

k) Support: The Supplier shall provide full technical documentation on

equipment maintenance in English.

l) Monitor Type: Not less than 20 inch LCD flat panel or equivalent

technology

a. Contrast Ratio: not less than 1000:1.5 ms response time

b. Input signal: VGA, DVI-D

c. Viewing angle: 160° horizontal; 160° vertical

d. Native Resolution: Not less than 1280 x 1024


m) Environmental Standards: at least one of ENERGY STAR® 5.2, CECP,

WEEE, Japan Energy Law, South Korea E-standby, EU RoHS, China

RoHS.

n) Operating system and Software: Pre-Installed Genuine Windows ® 10


o) Warranty: Not less than 3 years

2.1.4 Notebook PCs (Quantity: 65) - As configured for the bid, the Laptop PCs

MUST meet, at minimum, the following requirements:

a) Central processing unit: Not less than Intel® 8th Gen Core™ i5 processor

or equivalent performance based on an overall score 249 according to

SysMark Mobilemark 2007 benchmark

b) Memory: Not less than 6GB

c) Network Capabilities: Ethernet, IEEE 802.11b, IEEE 802.11g Fast

Ethernet or compatible, Bluetooth

d) Ethernet Controller: Not less than 100/1000 Ethernet LAN adapter

e) Hard disk: Not less than 1 TB or equivalent performance

f) Ports: 2 USB 2.0, 2 USB 3.0, 1 DisplayPort, 1 external VGA monitor, 1

AC power, 1 RJ-11, 1 RJ-45, 1 eSATA, 1 docking connector, 1

secondary battery connector

g) Optical drive: 8X DVD-RW

h) Graphic subsystem: not less than 2 GB DDR3 dedicated video memory

i) Display type: 39,6 cm (15.6") TFT or equivalent technology

j) Keyboard: Spill-resistant keyboard with drain

k) Fingerprint Reader

l) Slots:

• Not less than 1 Express Card/54

• Not less than 1 Smart Card Reader

• Not less than 1 6-in-1 Media Card Reader

m) Operating system and Software: Pre-Installed Genuine Windows ® 10


n) Power: Not less than 8-cell (65 WHr) Lithium-Ion battery.

o) Battery life: Not less than 4 hours

p) Support: The Supplier shall provide full technical documentation on

equipment maintenance in electronic version and hard copy

q) Form factor: Notebook / Laptop / Ultrabook


r) Environment Standards: ENERGY STAR® 5.2 or equivalent

s) Warranty period: At least 3 years covering parts and labour

2.1.5 Shared Output and Input Devices:

2.1.5.1 General Requirements: Unless otherwise specified, all shared output

and input devices must be capable of handling A4 standard sized

paper.

2.1.5.2 Laser Jet (Industrial) Network Printer / Photocopier (Quantity:

55)

a) Type: Color Flatbed, ADF

b) Print Resolution: at least 1200 x 1200 dpi

c) Scanning Resolution Hardware: at least 600 x 600 dpi; Optical:

600 dpi; 30 bit depth

d) Control Panel: Color control panel; Rotating (adjustable angle)

touchscreen; Job control buttons; Numeric keypad;

e) Minimum monthly page volume: 5,000 pages

f) Duty cycle: at least 250,000 pages;

g) Paper handling, input: 500-sheet input tray, 100-sheet multi-

purpose tray

h) Paper handling, output: 500-sheet output bin

i) Two-sided Printing: Automatic

j) Media types: Paper (bond, light, heavy, plain, recycled, rough),

envelopes, labels, cardstock, transparencies, heavy media

k) Document finishing: Manual duplexing, manual feed, sheet

fed, and straight-through paper path

l) Network Capabilities: Gigabit 10/100/1000Base-TX Ethernet

embedded print server; IPSec, 802.11g/n wireless

m) Warranty period: Not less than 1 year covering parts and labour

2.1.5.3 Production (Industrial) Scanners (Quantity: 55)

a) Type: Production Scanner

b) Scan resolution, optical: Not less than 600 dpi

c) Memory: 256MB


d) Auto document feeder capacity: Not less than 90 sheets

e) Scan speed ADF Simplex/Duplex (A4): Not less than 24/48 ppm

f) Color depth: Not less than 24-bit

g) Gray scale: Not less than 8-bit

h) Scan size ADF from A8 (2.1 in. x 2.9 in.) to A3 (11.7 in. x 17 in).

i) Media types: Paper (banner, inkjet, photo, plain), envelopes, labels,

cards (greeting, index), 3-D objects, 35-mm slides and negatives

(using transparent materials adapter), iron-on transfers

j) Scan file formats: Windows: BMP, JPEG, TIFF, TIFF compressed,

PNG, PCX, Flashpix (FPX), PDF, PDF searchable, RTF, HTM,

TXT; Macintosh: TIFF, PICT, JPEG, GIF, FlashPix, Plain Text,

PDF, HTML, Rich Text

k) Daily Volume Durability: Not less than 30,000 scans

l) Warranty: Not less than 1 year

2.1.6 Local Area Network Equipment

The system will require LANs to be installed and configured in nine (9)

regional offices, and connected to the NITA LTE backbone to provide a Wide

Area Network (WAN). Switches, routers and other Customer Premises

Equipment (CPE) provided by the Supplier must be compatible with NITA’s

infrastructure.

For directory services, one workstation / server per regional office will serve

as read only active directory servers for local authentication, so as not to clog

the network with authentication traffic.

Recommended LAN architecture appears in Attachment 4 to these Technical

Requirements.

2.1.6.1 Routers (Quantity: 9) - As configured for the bid, the Routers MUST

meet, at minimum, the following requirements:

a) Memory 512MB

b) Flash 512MB

c) Fixed WAN ports 3xGE

d) Fixed LAN ports 24xGE

e) SIC slots 4

f) USB 2.0 ports 1

g) Console port 1

h) Redundant Power Supply


i) DHCP server/client, PPPoE server/client, PPPoA client, PPPoEoA client,

NAT, Subinterface management

j) 3G Interface card (WCDMA)

k) LTE Interface card (FDD LTE: Uplink: 50Mbit/s Downlink: 100Mbit/s)

l) WLAN AP management (AC discovery/AP access /AP management),

CAPWAP, WLAN user management, WLAN radio management

(802.11a/b/g/n, WLAN QoS (WMM), WLAN security

(WEP/WPA/WPA2/Key management)

m) LAN IEEE 802.1P, IEEE 802.1Q, IEEE 802.3, VLAN management, MAC

address management, MSTP

n) IPv4 unicast routing policy, static route, RIP, OSPF, IS-IS, BGP

o) IPv6 unicast routing policy, static route, RIPng, OSPFv3, IS-ISv6, BGP4+

p) Multicast IGMP v1/v2/v3, IGMP-Snooping v1/v2/v3, PIM SM, PIM DM,

MSDP, MBGP

q) MPLS LDP, MPLS L3 VPN, VLL, PWE3,static LSP, dynamic LSP,

MPLS TE, IP FRR, LDP FRR, TE FRR

r) IPSec VPN, GRE VPN, DSVPN, A2A VPN, L2TP VPN

s) QoS - DiffServ mode, MPLS QoS, priority mapping, traffic policing with

Committed Access Rate (CAR), traffic shaping, congestion avoidance

(based on IP precedence/DSCP-based WRED), congestion management

(LAN interface: SP, WRR, SP+WRR; WAN interface: PQ/CBWFQ),

MQC (traffic classifier, traffic behavior, and traffic policy), Hierarchical

QoS, FR QoS, Smart Application Control (SAC), Hard QoS(SRU80 Main

Boards support)

t) Security - ACL, firewall, 802.1x authentication, MAC address

authentication, Web Authentication, AAA authentication, RADIUS

authentication, HWTACACS authentication, broadcast storm suppression,

ARP security, ICMP attack defense, URPF, IP Source Guard, DHCP

snooping, CPCAR, blacklist, IP source tracing

2.1.6.2 Managed “Smart” Access Switches (Quantity: 9 x 24 Port) - As

configured for the bid, the Access Switches MUST meet, at minimum, the

following requirements:

(a) Interface requirements: Minimum 24/48 x 10/100/1000 PoE and 04 GE

SFP Uplink; 01xUSB; 01x10/100 for Out-of-band management; Console

Port

(b) Hardware requirements: RAM: 512 MB; Flash: 1GB; Layer 3 Switch;

Power AC;

(c) QoS requirements: Standard 802.1p CoS and DSCP field classification;

Hardware queues per port: 8;


(d) Requirements for Switching and VLAN: Support Voice VLAN; 802.1Q

VLAN; 802.1D; 802.3ad Link Aggregation; IP Multicast & Jumbo Frame

support

(e) Routing requirements: Provided routing protocol layer 3: Static, RIP,

OSPF; Routing Policy; Layer 3 redundancy: VRRP; Bidirectional

Forwarding Detection;

(f) MultiCast: IGMP: v1, v2, v3; PIM-SM, IGMP snooping

(g) Security requirements: 802.1x port access control; 802.1X multiple

supplicants; 802.1X with VLAN assignment; 802.1X with authentication

bypass access; 802.1X with VoIP VLAN support; 802.1X dynamic ACL

based on RADIUS attributes; 802.1X Supported EAP types: MD5, TLS,

TTLS, PEAP

(h) Management requirements: CLI, Console, Web Interface, SNMP v1, v2,

v3.

(i) Minimum warranty: 2 years

2.1.6.3 Cabling: As configured for the bid, the LAN cabling MUST provide

all components necessary for node connectivity, e.g. wiring closet

hardware, hubs, punch-down panels, etc. in quantities as needed, with

the following minimum specifications:

a) Cable Type: CAT6A standard

b) Cable Protection: UTP

c) Installation Standard: Plastic Channels

d) Cabling Standard: TIA/EIA-568-B

2.2 Software Specifications

2.2.1 Business Application Software

The minimum requirements of the ECMS application software and the user

interface (portal) are as specified below.

2.2.1.1 ECMS Application Software Functional Requirements

2.2.1.1.1 Create/modify case details

Case Detail Creation/Modification functions MUST include:

• Ability to create and record case details. This includes:

• Ability to generate case/ file title automatically

• Ability to enter parties’ details (plaintiff, defendant, counsel (in the

case of civil and public prosecution)) and implementing agencies

detail (in the case of legislation drafting)

• Ability to store and search cases based on cross-reference numbers

from other agencies


• Ability to easily capture specific fields of information based on

Case Type and Sub-Case Type (Code).

• Ability to record documents lodged against a case/matter

• Ability to record specific case specific information based on case

type e.g. amount claimed for civil, charges for criminal

• Ability to assign case or bill to a specific Attorney

• Ability to cater for different application types

• Ability to automatically assign cases to judges on rotational basis,

or can be over-ridden manually

• Ability to end-date the role of this judicial officer, e.g. when he/she

is no longer responsible or docketed to that matter

2.2.1.1.2 Generate Suit Number (Case ID)

Suit Number Generation functions MUST include:

• Ability to generate case number for new applications based on type

of case, jurisdiction and location

• Ability to reset the numbers every judicial year.

• Ability to establish a unique number (Case ID) capable of being

used throughout the case life in all jurisdiction levels (the current

case numbers changes as the case moves from one jurisdiction to

another as each of them have different case number generation.

The only unique feature that runs throughout the case life in all

jurisdictions is the case title.

• Ability to consolidate case numbers (or link) as needed sometimes

in civil ‘class’ actions or criminal cases.

2.2.1.1.3 Manage Party Records

Party Records Management functions MUST include:

• Ability to create and record party details

• Ability to create and update Party Record

• Ability to define the preferred communication mode for a Party,

e.g. email, SMS or postal address

• Ability to associate parties to a specific Party Role Type in a

specific case/matter

• Ability to have two or more cases/files linked to a Party Record

• Ability to end-date Party, Party details and Party Role E.g. upon

receiving the Notice of Change of Solicitor/lawyer

• Ability to record the status of Party/role state (e.g. as active,

inactive, or archived depending on whether the Party Record is

current, consolidated or has been archived

• Ability to enter other information so that useful information is

easily available to the Courts when dealing with a particular Party

• Ability to record lawyer(s) and litigant(s) details against a case, and

their specific role e.g. applicant or respondent


• Note: there may be other persons attached to the case for other

roles, e.g. family member, expert witness…

• Ability to store individual and organization details – and then

attach to one or many cases, in one or many roles e.g. A person is

in the system once, but maybe a lawyer for the applicant in one

case, and a respondent in another case

• Ability to assign one person/entity to another person/entity on a

case e.g. Lawyer 1 is assigned to Accused 1

2.2.1.1.4 Update Case Details

Case Details Update functions MUST include:

• Ability to manage and amend cases/events, ability to record events

e.g. hearings, direction

• Ability to maintain/update case information

• Ability to record and update case information that includes: Case

types, case status, changes in parties, document and affidavit filed,

document adding, fee information, event and date of event (motion

filed, response filed, hearing date set etc.), charges, case notes,

reason for filing or claim

• Ability to include case age with any display of case status or

adherence to schedules for assistance in tracking conformance to

time standards

• Ability to keep a history of the changes to cases/events

• Ability to display the status of case information E.g. in error,

rejected or void.

• Ability to apply sort and filter (search) functions to assist with case

management. This should include displaying all cases and

information related to a case according to the following: judge,

court type, filling date, parties, hearing activity, case status, and

document activity

• For each event – record when, where, who before, outcome (e.g.

settled) and orders made

• Ability to search by officer, lawyer, litigant etc.

• Ability to associate like type cases e.g. same accused or similar

action

• Ability to show real-time which case is being dealt with in a list.

This can then be displayed externally to the courtroom through

large screens etc.

• Ability to save multiple addresses per individual or organisation

e.g. end-dating those that are no longer valid.

2.2.1.1.5 Record Orders

Record Orders Management functions MUST include:

• Ability to record order(s) against a hearing(s) against a case


• Ability to create order types with regards to criminal and civil

cases. Criminal sentencing expected to have relatively few

“names”, while for Civil, this may prove to be a larger and more

complex set of order types.

• Ability to create a unique identifier for each order (paragraph)

within a single order document.

• Ability to automatically populate specific fields from the Party

Records and file details once the template and the paragraphs have

been selected. E.g. title, names and addresses.

• Ability to record particulars of an order using field based, standard

text. Any order information that is to be electronically monitored

for reporting purposes must be in field based orders.

• Depending on order type, record the specific information for the

order, e.g. details for cost type orders to include amount, against

whom, when due, installments amount, first installment due,

installment period and default enforcement action type.

• Ability to record the details of an order using free form addition.

• Ability to relate all orders to a hearing.

• Ability to establish rules that will prevent certain combinations of

orders made.

• Ability to create new parties as part of an order making process

• Ability to record orders against specific case types, or in the

criminal jurisdiction, specific counts Depending on the type of

case, and type of order, additional information will need to be

captured, for example, years of sentence, or fines imposed

• Ability to search based on outstanding warrants, fines etc. and set

follow up reminders as needed.

2.2.1.1.6 Document Generation

Document Generation functions MUST include:

• Ability to produce (and store) documents pre-populated with

key/appropriate fields from the database

• Ability to produce certified copy from an electronic copy, or record

a certified copy was provided if in hardcopy.

2.2.1.1.7 Manage Calendars

Calendar Management functions MUST include:

• Ability to set schedules of holidays, Attorney or staff availability

and then assign.

• Ability to assign Attorney or staff to a task or re-assign – at any

point

• Ability to check availability of Attorneys and or staff when

allocating task


• Ability to view and print one’s calendar – in a variety of formats…

landscape calendar view or portrait event view

• Ability to modify a calendar entry or VOID an entry

• Ability to define standard day or hours for all or each Officer.

• Ability to create specific diary rules for a categories of team or

group of Offers.

• Ability to produce a warning message when duplicate rules are

created

• Ability to create lists based on availability and other diary rules.

E.g.: Availability of Attorneys, lawyers, parties, participants and

court facilities.

• Ability to set/record diary rules on who can/cannot handle a

particular case.

• Ability to display the next available date (as defined by the diary

rules) for each staff/ Attorney

• Ability to provide manual override to automatic scheduling rules.

This is to allow user to substitute deadlines for specific situations.

• Ability to regenerate diary rules for future dates and make minor

changes to generated rule characteristics E.g. run a “three days a

week”, a “particular day of the week” (e.g. Mondays), or for all

circuits, be able to select a list used in the past.

• Ability to allow certain diary rule characteristics to be changed

once created while others cannot be changed once an entry has

been recorded against that rule, unless by overriding.

• Ability to display the number or percentage held against the current

diary rule for the specific task or Officer.

• Ability to display a warning message when there is over-tasking.

• A rule will determine the number of over-list attendances that can

be made.

• Ability to identify and display scheduling conflicts. This includes

records of all related parties, participants, calendars, case entries,

and other data.

• Ability to suggest resolutions to scheduling conflicts and for user

to accept/reject the suggested dates

• Ability to display/print tasks that show all events due on specific

date or date range sorted by date, event or other criteria.

2.2.1.1.8 Track Complaints

Complaint Tracking Management functions MUST include:

• Ability to record general complaint detail

• Ability to record case-related complaints against the Party Record

and file in the same manner as any other document

• Ability to enable entry of the person who may be someone other

than a Party to the case


• Ability to generate a letter of receipt for the complaint and postal

address details

• Ability to have strict access rights to view complaints

• Ability to list/view complaints by various criteria E.g. by range of

dates and types of complaint

• Ability to select the status of a complaint from a list of values. E.g.

complaint resolved or pending.

• Ability to enable complaints processing to use any of the standard

case servicing reports to support the response to the complaint

2.2.1.1.9 Manage Case Notes

Case Notes Management functions MUST include:

• Ability to record notes – secure and general – against an event, a

case, or even a person

• Ability to store valid forms in metadata, and relate to specific case

type(s), and able to end-date when no longer relevant

• Ability to prompt specific questions on the filing of said document

• Ability to create Case Notes based on standard comments selected

from a list (e.g. forms)

• Ability to create standard text templates for Case Notes with gaps

to be filled

• Ability to create blank space for freeform text entry for Case Notes

• Ability to attach Case Notes as part of the Case Log

• Ability to flag the existence of Case Notes

• Ability to link the Case Notes to the related case, hearing, Party,

matter, order, or document E.g. notes for a specific hearing are

available from a button on the screen for that particular hearing.

• Ability to set the access rights for a Case Note (i.e. who accesses

what, right to enter information etc.)

2.2.1.1.10 Manage Work Flow

Work Flow Management functions MUST include:

• Ability to create a work task – assign a due date, and to a person if

needed, and be able to follow its status

• Ability to re-assign, to close, and to escalate work tasks

• Ability to have work tasks pop up when logging in

• Ability to schedule a single or multiple Work Task(s). E.g. by a

case outcome, another Work Task, document filing or subpoena

processing.

• Ability to select a group of tasks from Work Task List appropriate

to a particular action officer type and action date period.

• Ability to update the file with information relevant to the Work

Task.


• Ability to support the assignment of further Work Tasks including

rescheduling a task and repeating the task at a later date.

• Ability to change the status of Work Tasks from a list of values.

E.g. “outstanding” to “completed” once the task has been

performed.

• Ability to create/modify manually or automatically Work Task list

and reminders for own diary and for others.

• Ability to view the full schedule of Work Tasks pending by case,

date or diary holder.

2.2.1.1.11 Evidence/Exhibits Management

Evidence/Exhibits Management functions MUST include:

• Ability to manage exhibits, recording of entry, disposal, retention

periods, viewing rights etc.

• Ability to record the exhibit status from a list of values

• Ability to print or display lists of exhibits and other property

according to case, Party, and other parameters

• Ability to support the recording of bulk exhibit items against

various files from a single screen.

• Ability to manage the return/disposal of exhibits

• Ability to set the date for the return process.

• Ability to record the disposal method of the exhibits from a list of

values or free text.

• Ability to generate notices to reclaim exhibit when the Courts’

usage is completed. This includes Ability to inform the owner(s)

that exhibit has been destroyed.

• Ability to view the list of exhibits which are ready for disposal.

2.2.1.1.12 Reporting

The reporting component provides Case and Bill load and statistical

reports, Statistics and performance reports about all departments. The

reporting must address general reporting functions and management

reports. Management Reports will primarily consist of standard reports

with lists of cross-tabs of information contained in the IIMS. Users

may be required to enter parameters to extract specific information for

a Management Report. Access to Management Reports must have

restriction to certain OAGMoJ Staff.

The general reporting functions MUST include:

• Ability to produce reports based on a number of user-specified

parameters such as dates, activities, and action officers.

• Ability to consolidate reports by Case or Bill Type, jurisdiction,

location etc.


• Ability to select standard or predefined reports from a list of

values. E.g. Ability to produce reports that can be based on Case or

Bill Types, and where certain events have or have not occurred.

• Ability for reports to be previewed, printed and saved.

• Ability to build, test, run and save ad hoc reports.

• Ability to support the electronic dissemination of reports.

• Ability to run each report at predefined frequency. E.g. to run

monthly, overnight or on request.

• Ability to download data to other software applications to conduct

additional statistical analysis of IIMS data.

• Ability to restrict access to reports according to pre-defined access

levels and at certain times.

• Monthly reconciliation

• Daily balance reports

The management report functions MUST include, at minimum;

• Ability to perform trend analysis, comparison of Registry data and

comparison with different time periods. E.g. percentage change

from last year or last quarter, statistical information and graphics.

• Ability to generate Complaints Reports. E.g. a report showing:

• Party Records for which there are complaints

• Number of complaints

• Issues

• Complainant details

• Ability to generate reports on list/diary information. E.g.:

• The periods with no attendances allocated, i.e. periods available for

assignment.

• Un-assigned cases in priority order by specific criterion, e.g. Case

Type.

• Ability to generate Fine Reports E.g.:

• Fines payment reports for paid, being enforced, successfully

enforced, etc.

• Fine rate over time periods

• Fines issued by Case Types

• Warrants issued for fines by Judge

2.2.1.1.13 Manage Sign On

Sign On Management functions MUST include, at minimum:

• Ability to sign-on, and sign-on provides access to certain/all

functions, and certain/all jurisdictions and locations

• Ability for all system users to access the system

• Ability to add users to the system and roles to each user

2.2.1.1.14 User Interface (Portal)


The user interface of the System MUST provide differentiated levels of

access, via Internet and intranet, based on classifications of users. User

classification access to System functionality is described in “views” in

the following sections. The interface MUST meet these general

requirements:

a) Ability to sign-on, and sign-on provides access to certain/all

functions, and certain/all locations

b) Ability to add users to the system and roles to each user

c) The ability to suppress case information from public view (via the

Internet, etc.)

d) The ability to set access rights to view information on the system

(e.g. some orders are access-restricted to certain persons).

e) The ability to restrict roles to certain functions.

f) The ability to assign one or many roles to a user.

g) The ability to restrict jurisdictional access to individuals.

h) The ability to restrict access to certain locations by individual.

i) The ability to restrict access at an individual or group level.

j) The ability to have passwords and normal functionality, e.g.

timeout within 30 seconds and new passwords every 30 days.

k) The ability to secure specific information fields from certain roles.

l) The ability to provide logging/Audit Trails

m) The ability to provide system log records to assist in reviewing user

practices, identifying training needs and supporting privacy checks,

e.g. the system logs required for tracking file movement, Party

Record queries, reports, etc.

n) The ability to perform an Audit Trail of changes with before and

after image, and who performed change and through what function.

o) The ability to carry out Audit Trails on Case Notes.

p) The ability to have an Audit Log which includes the daily Activity

Log.

2.2.1.1.14.1 Below are the major views that the Portal MUST

provide:

Attorney General’ View

• Ability to provide a portal that can allow the AG to view

information and perform tasks, including e.g.:

o See content of all incoming cases

o View and determine the eligibility of a case

o Assign cases to the appropriate Division and or Attorneys

o View status update of all work in progress.

• Ability to view and also get a notification of scheduled task

• Ability to search across a wide variety of parameters

• Ability to have access to library resources


Division Head’s View

• Ability to provide a portal that can allow the Heads of Division to

see and do different things such as;

o See content of all incoming cases that have been assigned to

the Division by the AG

o View and determine the eligibility of a case and assign to the

appropriate Attorney

o View status update of all work in progress cases in the Division

o Share information within and outside the Division.

• Ability to view and also get a notification of scheduled task

• Ability to search across a wide variety of parameters


Attorney’s View

• Ability to view, receive and work on cases assigned to Attorneys

• Ability to edit, update or delete any report or document, or provide

status update on work or case in progress at any stage.

• Ability to provide update report on work in progress cases

• Ability to search internally or externally across a wide variety of

parameters


Division Registry View

• Ability to view, receive and work on task assigned to him/her.

• Ability to create case Titles and case numbers.

• Ability to update case files with incoming documents

• Ability to conduct search

• Ability to produce status report on all cases

Chief Director’s View

• Ability to view, verify and confirm all outgoing letters and

documents

• Ability to assign task to administrative staff (e.g. dispatch drivers).

• Ability to provide update to AG, Division head and other staff

• Ability to create and assign task to different administrative staff.

2.2.1.2 Document and File Management Application Software Functional

Requirements

This module of the Application Software MUST meet the following

three high-level mandatory requirements:

1. The ability to build and maintain a File plan structure, consisting of

a hierarchy of folders/files that group together electronic records

for management and access, and to which all records are classified.

2. The ability to declare and classify an electronic document into

different status (e.g. confidential, non-confidential, access level,


etc.), and to maintain its integrity as an authentic representation of

a business action or decision.

3. The ability to consistently manage the retention and disposition of

folders of electronic records or documents, retaining what should

be kept and disposing of what should not.

Detail on each of these high-level requirements is provided below.

2.2.1.2.1 Record Organization and File Structure

▪ The DMS MUST support the creation, maintenance and adaption

of an electronic fileplan to which all electronic records or

documents will be classified by allocation to a folder within the

fileplan.

▪ The DMS MUST be capable of classifying an electronic record by

multiple entries within a folder structure and must then manage the

referential integrity of all index data.

▪ The DMS MUST be able to retrieve electronic records by search of

record metadata, and electronic folders or groups of folders by

search of folder metadata; and must enable navigation through the

folder structure.

▪ The DMS MUST be able to retrieve a complete electronic folder

and all the electronic records which have been allocated to the

retrieved folder, as a whole group, and present these distinctly from

any other retrieved folder.

▪ The DMS MUST follow appropriate naming principles for

electronic folders in the fileplan:

o A mechanism for allocating a structured numerical

reference code to each electronic folder;

o A mechanism to allocate a textual folder title for each

electronic folder both of which principles can be separately

applied in the same system.

▪ The DMS MUST ensure that each electronic folder within the file

plan can be uniquely identified by the full path of the numerical

reference and text name; but allow repetition, at different points in

the fileplan, of a folder name which represents only one segment of

a full path name.

▪ The DMS MUST allow the addition of electronic parts to any

electronic folder which is not closed and should be able to restrict

this ability to authorized users.

▪ The DMS MUST allow an electronic folder to be closed, by a

record administrator, to prevent the further addition of electronic

records or parts to that folder. The DMS must prevent the addition

of electronic records to a closed part.

▪ The DMS MUST allow an authorized user to open a previously

closed folder or part for the addition of records, and subsequently

to close that folder or part again.


▪ The DMS MUST allow an electronic folder and its parts, or a

hierarchical group of folders and their parts, to be relocated to a

different position in the fileplan by a record administrator and must

ensure that all electronic records already allocated to that folder

and part remain so allocated following the relocation.

▪ The DMS MUST prevent the deletion of an electronic folder and

its content at all times, with the exception of:

o Destruction in accordance with a disposal schedule.

o Deletion by a systems administrator as part of an audited or

agreed procedure

▪ The DMS MUST be able to search for, retrieve and display a set

of electronic records taken from many different folders by

specifying values to be search for in an electronic record metadata.

▪ The DMS MUST be able to search for, retrieve and display an

electronic folder by all implemented naming principles, including:

o A folder title text

o A folder numerical reference code.

▪ The DMS MUST support browsing and graphical navigation of

the fileplan structure, and the selection, retrieval and display of

electronic folders and their contents through this mechanism.

▪ The DMS MUST be able to automatically close an electronic

folder part on fulfilment of specified criteria to be defined at

configuration, including at least;

o Parts delineated by an annual cut-off date; for example, the end

of the calendar year, financial year or other defined annual

cycle.

o The passage of time since a specified event; for example, the

last addition of an electronic record to that part.

o The number of electronic records which a part contains

o The physical size (in disk storage terms) on the electronic

record contained in a part

▪ The DMS MUST be able to ensure the capture of and management

of the following types of electronic documents which have been

created or received in the course of business:

o Word processing documents

o Documents produced by text editors

o Spreadsheets

o E-mail messages

o E-mail messages with attachments

o Complete ‘web pages’, with all components

o Presentations

o Document images from a scanning system

o Single static images and graphics in common formats.

▪ The DMS MUST be capable of managing:


o Metadata acquired directly from the document-creating

application package or operating system where feasible.

o Metadata acquired from the user at the time of capture.

2.2.1.2.2 Retention and Disposal of Documents

▪ The DMS MUST be capable of allocating a disposal schedule to all

folders and folder parts which exist in the electronic fileplan, that

can be initiated by:

o Time-based criteria

o Event-based criteria

o Combined time and event-based criteria

▪ The DMS MUST support separate disposition instructions which

include:

o Further retention and review at a later date

o Transfer to the Public Record Officer or designated Archival

Office for permanent preservation.

o Destruction.

▪ The DMS MUST support the application of disposal schedules as

they come into force, alerting and prompting the records

management staff as necessary, and carrying out consequent

actions within the system.

▪ The DMS MUST support the review process and a re-allocation of

disposal schedules, and allow the progressive addition of metadata

elements recording annotations resulting from the review process.

▪ The DMS MUST be capable of restricting the ability to allocate

and amend disposal schedules to record managers.

▪ The DMS MUST support disposal schedules which consist of;

o A retention period, and

o A set of disposition instructions

▪ The DMS MUST enable a record manager to view and print:

o A list of all disposal schedules

o A list of all electronic folders and parts to which a specified

disposal schedule is allocated.

o The disposal schedule (s) applied to all folders and parts below

a specified point in the hierarchy of the electronic fileplan.

2.2.1.2.2 Export, Transfer and Destruction

▪ The DMS MUST be able to identify and list electronic folders

marked for permanent preservation as their disposal schedules

comes into force.

▪ The DMS MUST be able to support the flagging of electronic

folders and groups of folders for export to another system, or for

transfer to a designated Office or Center for permanent

preservation.


▪ The DMS MUST produce a report detailing any failure completely

to export electronic records and folders and associated metadata,

which identifies any records allocated for transfer which have

generated processing errors.

▪ The DMS MUST retain intact all electronic folders that have been

exported or transferred, at least until confirmation of a successful

transfer process.

▪ The DMS MUST regularly alert the records administrators to

electronic folders which are scheduled for destruction, as these fall

due, and require confirmation of the action before initiating

destruction.

2.2.2 System and Network Management Software Requirements

2.2.2.1 Server Management

The System MUST provide the functionality to operate, maintain and

troubleshoot multiple Servers, including Windows, UNIX (such as

Solaris) and Linux (such as SuSE). These functionalities include

monitoring of availability and services, performance, or trend analysis.

The proposed solution MUST be able to manage and monitor all of the

servers and application both the Primary and Secondary Data Centres.

(a) Monitoring

• The System MUST monitor all Servers and their services 24/7/365

and therefore be able to use at least SNMP v.2c. It shall also be

able to monitor certain services like SMB, NFS or others without

SNMP (e.g. by simple polling).

• In case of a failure of a service or a complete server,

comprehensive notification capabilities are required. It MUST be

possible to independently define the following:

o Custom triggers and lag settings for notifications

o Thresholds after which a notification is sent

o Number of notifications sent

o Automated actions to be taken upon failure (e.g. run a script)

o Escalations after a certain amount of time / notifications

• Each failure or abnormal behavior MUST be logged with detailed

information about it.

• It MUST be a graphically based System, and the system MUST

able to integrate or interoperability with server-monitoring tools of

companies like HP, CA, BMC etc. It MUST also be possible to

trigger notifications by external applications or scripts. The System

shall also provide a central event log monitor to see all managed

events for all machines.


• The operating system items to be monitored MUST include, but

are not limited to, the following:

o CPU utilization (also for multiple CPUs)

o Utilization of the physical and logical file system

o Detailed process information (e.g. CPU-time Memory

consumption, No. of processes etc.)

o Provide a possibility to restart processes if necessary

o Memory activity (e.g. paging, swapping)

o Ability of tool to present information on a single console is

strongly required.

o Power consumption

o Software services, e.g. Web services

• A system without the need of agents to be installed on every device

shall be considered. However it MUST provide agents or at least

the connectivity to third party products to monitor applications

and services such as database servers (e.g. Oracle, MS SQL),

enterprise applications (e.g. Websphere, BEA Weblogic), email

systems (e.g. Lotus Notes, Exchange) and others.

• Uptime for these services (server monitoring) MUST be

maintained by having server redundancy capabilities (e.g. fail over

to another server should one server be down).

• The system MUST provide for management of the functionality

and features specific to the software being managed. It shall

provide an SDK for implementing additional user or system-

specific monitoring capabilities.

• The system MUST provide a dashboard for visual representation of

management/monitoring of Services. The dashboard shall be

available in an API or a component/service format to be exposed

via other applications, e.g. SharePoint, etc.

• It MUST allow for a high-level scripting language to carry out

specific user tasks.

(b) Imaging

• To ensure a fast recovery of broken down systems, the software

MUST produce 1:1 images of any partition of a system. It MUST

be possible to backup and restore a complete image via network

and without any user intervention except for starting the process.

This can be done either by a boot-disk or bootable CD-ROM or

DVD. The result of the recovery MUST be documented in detailed

reports containing the amount of data transferred, elapsed time,

errors, device name etc.

(c) Reports, Performance & Trend analysis

• The System MUST make it possible to create comprehensive

reports containing information like:


o Downtime per day/week/month

o Failure of services per day/week/month

o System load (e.g. CPU, Hard Disk Usage, Memory etc.)

o Backup performance & backup errors

o Location

o Hardware Type & Model

o Operating System, Version and Patch level

o Data Retention of historical (from 5 mins up to 20 mins.

interval) data for at least 1 month in database

o Must support multiple notification channels such as email,

instant messaging, and SMS. It must also support formatting

of such messages based on the channel media receiving the

messages.

• The reports MUST be grouped by server names, groups of servers,

customer, site and others. The time span of the reports shall also be

customizable. Performance and trend analysis must be possible

based on any set of SNMP-Variables graphically and in real-time

as well as on historical data. The system shall be able to poll its

value in definable intervals and create a graph out of it where

multiple variables must be provided for comparison purposes.

These features are particularly important for the following values:

o CPU utilization and load average

o Physical and virtual memory and swap utilization

o Memory page scanning rate

o Disk space utilization and space left based on complete disks as

well as partitions

o Network utilization and packet errors

o Errors generated in the system log

o Availability and utilization of components

• The System MUST allow for network discovery and

documentation of all devices / systems present and generates a

visual depiction of the current network. It shall allow for round-

trip system reporting in case of changes. The discovery process

should incorporate the health of the said systems/devices and be

updated automatically. Such reporting must be exportable to other

applications.

(d) Remote Access

• The operating staff MUST be able to monitor and administrate the

servers via Remote Access Tools. The tool must allow the staff to

gain control over the server’s mouse and keyboard and transmit the

visual output of the server to the operator’s workstation.

• If the tool is used, all transmitted data MUST be sent over an

encrypted channel and proper access controls and audit trails must

be provided to prevent unauthorized access. For security reasons


the connection should terminate itself after a certain amount of

time. All connections shall be logged at the server as well as on the

help-desk workstation initiating the connection.

(e) Security

• Sensitive network traffic MUST be encrypted, especially the

transmission of logon information like SNMP-communities,

passwords or others. Insecure protocols, like telnet for example,

must not be used.

• For viewing of monitoring, the System MUST provide role-based

security support to filter incoming user requests so they are shown

data specific to their Services domain

2.2.2.2 Network Management

• The System MUST provide the functionality to operate, maintain

and troubleshoot multiple active network devices, regardless of the

manufacturer and / or protocols used. These functionalities include

monitoring of availability and services, performance, or trend

analysis. It must provide a graphical map of all devices and their

(simplified) state as well as a unified management

interface/console for managing the different systems being

monitored

(a) Devices

• The devices to be monitored include, but are not limited to, the

following:

o Windows and UNIX based Servers and their services

o Protocol gateways

o VPN-devices

o Printer (Print servers)

o Modems / Leased line equipment

o Router (Ethernet, FDDI, CDDI, ATM etc…)

o Switches

o Hubs

• Every SNMP-enabled device MUST be monitored as well as the

services on those devices, including all available ports. The import

of customized or vendor-specific MIBs is mandatory.

(b) Monitoring

• The System MUST be able to monitor all active network devices,

servers and their services 24/7/356 and be able to use at least

SNMP v.2c. Items and services to be monitored include, but are

not limited to, the following:

o Performance, Load and Errors on devices and their interfaces

(physical and virtual)


o Large number of metrics per object where objects may be

active network devices, physical interfaces, virtual interfaces,

protocols or transit times

• In case of a failure of any of the above items, comprehensive

notification capabilities are required. It MUST be possible to

independently define the following:

o custom triggers for notifications

o thresholds after which a notification is sent

o number of notifications sent

o escalations after a certain amount of time / notifications

• The System MUST be able to react on SNMP-Traps as well. Each

failure or abnormal behavior has to be logged with detailed

information about it. A graphically based System will be favored.

Monitoring consoles can be web based or installed on

workstations.

• The System MUST provide IT Services discovery and analysis on

a micro and aggregate levels showing the applications comprising

the monitored Service.

• The System MUST provide Service-Level target tracking, i.e.

latency permitted, response window.

(c) Performance & Trend Analysis

• Performance and trend analysis MUST be possible based on any

SNMP-Variable. The system shall be able to poll its value in

definable intervals and create a graph out of it. These features are

particularly important for the following values:

o Availability of a component or specific interface

o Load of an Interface

o Accumulated Load of defined interfaces

o CPU utilization and load average

o Memory utilization

o Status / mode of the system

o Availability and utilization of components

o Location

o Hardware Type & Model

o Operating System, Version and Patch level (where applicable)

• It MUST also be possible to set triggers, thresholds, automated

actions and escalations based on the trend analysis.

(d) Reports

• The System MUST automatically generate exception reports which

contain information on all exceeded thresholds of specific devices.

Those reports should be customizable and multiply available.

Additionally, trend reports have to be generated, containing


average values over the previous day, previous week etc. Short

term trends should also be available.

(e) Security

• Sensitive network traffic MUST be encrypted, especially the

transmission of logon information like SNMP-communities,

passwords or others. Insecure protocols, like telnet or SNMPv1 for

example, must not be used.

2.2.2.3 Relational Database Management System (RDBMS)

a) The proposed database software MUST be able to integrate

seamlessly with the application software and be scalable to

support large volumes of data.

b) The proposed database software MUST support simultaneous

database retrievals and updates from the application, allowing

concurrent control and consistent reading to ensure data integrity.

c) The database software MUST support rollback functionality in an

event of a failed transaction.

d) The database software MUST support stringent security controls

and features, including but not limited to the following:

• Protection of data from unauthorised access; and

• Grant and revoke of permissions for users or user groups to access

specific tables, views, columns, stored procedures and commands.

e) The database software MUST support auditing capabilities,

including but not limited to the following:

• Tracking of users and their operations, including updates,

insertions and deletions; and

• Provision of audit trail reports on the above-mentioned activities.

f) The database software MUST be flexible to adopt changes in

design due to business changes or other requirements.

2.2.2.4 Help Desk Software

• The help desk system MUST provide tracking of all user problems

and provide automatic notifications of problems for OAGMoJ

support personnel; provide real-time performance monitoring of

network device statistics as well as device configuration; and

automatically generate customized reports from data stored within

the Helpdesk data repository.

• The system MUST have a network management module which

automatically discovers and diagnoses network Nodes for fault and

performance problems. It should be a discovery-based module that

performs hardware inventory and provides the ability to trouble-

shoot servers and workstations.


2.3 System Management, Administration, and Security Specifications

2.3.0 General Requirements: In addition to the management, administration, and

security requirements specified in each section covering the various hardware

and software components of the System, the System must also provide for the

following management, administration, and security features at the overall

system level.

2.3.0.1 System administrators MUST have the ability to generate both

statistical and Management reports. The reporting view MUST provide

access to general reporting functions and management reports and

provide the ability to generate Case load and statistical reports, and

performance reports about all departments. Management Reports will

primarily consist of standard reports with lists of cross-tabs of

information contained in the IIMS. System administrators may be

required to enter parameters to extract specific information for a

Management Report. Users, based on their roles, should have the

ability to personalize and access the Reporting Portal to generate their

reports.

a) The general reporting functions MUST include:

i. Ability to produce reports based on a number of user-specified

parameters such as dates, activities, and action officers.

ii. Ability to consolidate reports by Case Type, jurisdiction,

location etc.

iii. Ability to select standard or predefined reports from a list of

values. E.g. Ability to produce reports that can be based on

Case Types, and where certain events have or have not

occurred.

iv. Ability for reports to be previewed, printed and saved.

v. Ability to build, test, run and save ad hoc reports.

vi. Ability to support the electronic dissemination of reports.

vii. Ability to run each report at predefined frequency, e.g. to run

monthly, overnight or on request.

viii. Ability to download data to other software applications

to conduct additional statistical analysis of IIMS data.

ix. Ability to restrict access to reports according to pre-defined

access levels and at certain times.

x. Ability to generate Financial Reports. E.g.:

• Monthly reconciliation

• Daily balance reports

• Revenue return

b) The management report functions MUST include, at minimum:


i. Ability to perform trend analysis, comparison of Registry data

and comparison with different time periods. E.g. percentage

change from last year or last quarter, statistical information and

graphics.

ii. Ability to generate Complaints Reports. e.g. a report showing:

• Party Records for which there are complaints

• Number of complaints

• Issues

• Complainant details

iii. Ability to generate reports on list/diary information, e.g.:

• the periods with no attendances allocated, i.e. periods

available for assignment.

• Un-assigned cases in priority order by specific criterion,

e.g. Case Type.

iv. Ability to print Listing Reports; The most common list/diary

reports include:

• By Jurisdiction

• By Judicial Officer(s) for list

• For publication on notice board (daily)

• For publication on the Internet

v. Ability to generate Fine Reports, e.g.:

• Fines payment reports for paid, being enforced,

successfully enforced, etc.

• Fine rate over time periods

• Fines issued by Case Types

• Warrants issued for fines by Judge

2.3.1 User and usage administration:

2.3.1.1 Authentication of Users

1. The system MUST provide the capability to use passwords to verify

the identity of authorised users.

2. The system MUST secure the data stream carrying the user login

credentials.

3. The system MUST provide the capability to use PKI certificates or

other electronic signatures to verify the identity of authorised users.

4. The system MUST verify the identity and authority of authorised users.

5. Valid proof of the user’s identity MUST be logged by the system.

6. The system MUST have the capability to authenticate users based on a

unique user identity.

7. The system MUST authenticate system administrators.

8. The system MUST authenticate security administrators.

9. The system MUST support user ID and password authentication.

10. The system MUST support a configurable minimum password length

parameter, settable by authorised system administrators. The minimum

value allowable for this parameter is eight (8).


11. The system MUST support a configurable maximum term of password

validity, forcing the user to change the password after a predefined

period. The length of time for this maximum term is settable by

authorised system administrators.

12. The system MUST support a configurable password change history

where a user is not permitted to reuse a password that has been used in

the past. The number of last password changes used to restrict the

reuse of password is settable by authorised system administrators.

13. The system MUST permit stronger authentication techniques to be

used for system and security administrators (such as longer and/or

more complex passwords, public key certificate, and token based

authentication).

14. The system MUST provide a configurable number of allowable

attempts to authenticate and access the e-Justice system, with the user

ID automatically blocked or temporarily suspended after reaching the

upper limit on unsuccessful attempts. In the case of temporary

suspension, a pre-defined length of time may be set before the user ID

can be used again. Both the number of allowable attempts and the

length of waiting time are settable by authorised system administrators.

15. The system MUST display a message to users if they fail to

authenticate.

16. The system MUST perform data validation on both password and

username form fields.

17. The system MUST not use persistent logon or authentication cookies.

2.3.1.2 Administration of User Attributes, Credentials and Privileges

1. The system MUST permit users to create a unique user identity for

access to the system.

2. The system MUST enforce uniqueness of user identity so that no two

users can use the exact same identity.

3. The system MUST be capable of Identity Management system

functionality to facilitate provisioning of user identities for users and

system administrators.

4. The system MUST deploy an initial Identity Management capability to

provide users and system administrators with one single interface and

control point for provisioning and managing user identities.

5. A user MUST only be allowed to manage attributes associated with

their own user identity.

6. The system MUST permit authorised system administrators to create

customised roles.

7. The system MUST permit authorised system administrators to assign

customised roles.

8. The system MUST allow authorised system administrators to assign

roles for access to system data objects and transactions.


9. The system MUST allow authorised system administrators to

customise roles for access to system data objects and transactions.

10. The system MUST manage user accounts.

11. The system MUST provide the capability to create user accounts.

12. The system MUST provide the capability to create group accounts.

This will allow individual users to log into the system but provide

access to an entire group of users.

13. The system MUST provide the capability to access user accounts.

14. The system MUST provide the capability to delete user accounts.

15. The system MUST provide the capability to suspend user accounts.

16. The system MUST provide the capability to reactivate suspended user

accounts.

17. The system MUST provide the capability for the renewal of user

registrations.

18. The system MUST have the capability to expire user accounts.

19. The system MUST provide the capability for users to cancel their

accounts without deleting any data that have been entered/created by

that user.

20. The system MUST provide the capability for users to update their

account information.

21. The system MUST provide the capability for authorised users to

manage (add, modify, delete) information according to the user’s level

of authorisation.

22. The system MUST provide the capability to collect proof of identity

information from the user during registration.

2.3.1.3 Access Control Enforcement

1. The system MUST be capable of Identity Management system

functionality to provide users and system administrators with one

single interface and control point for provisioning and managing user

identities that will be used to support the system's access control

decisions.

2. The system MUST have the capability to arbitrate access based on a

role-based access model driven by policy.

3. The system MUST allow the use of standards-based LDAP technology

for the role based access model.

4. In the case that LDAP authentication is not possible, user accounts will

be locked after a certain period of inactivity. This period is settable by

the system administrators.

5. The system MUST provide a means to ensure that users cannot view

information of other users unless authorised.

6. The system MUST provide a means to ensure that users cannot modify

information of other users unless authorised.

7. The system MUST securely store personal information (e.g. user

names and passwords).


8. The system MUST support the capability of maintaining

confidentiality of user data (e.g., passwords).

9. The system MUST have the capability to provide confidentiality of

user data, including confidentiality of user authentication data stored

within the system (e.g., passwords).

10. The system MUST have the capability to enforce the separation of

functions through assigned roles.

11. The system MUST provide the capability to partition security

administration into logical elements such that security administrators

can be assigned accordingly.

12. The system MUST provide the capability to limit security

administrator’s authority to assigned logical elements.

13. The system MUST have effective access controls linked with user ID’s

and roles/authority that have been defined for that particular user ID.

2.3.2 Security:

The following sections define measures and system requirements that MUST

be complied with by the system development team.

2.3.2.1 General Requirements for Process Assurance

From an application perspective, the following security measures MUST

be adhered to when designing the IIMS System:

• All user profiles (roles and authorities) that will have access to the

IIMS system MUST be defined clearly and validated by the

appropriate authority.

• Case file data-entry and scanning as well as all important transactions

MUST have a two-step procedure that includes a review and approval

steps.

• Users MUST be able to data-enter and scan new/ongoing

cases/transactions only. After closing of the case/transactions, the

system MUST deny them access to make further changes.

• Approved cases/transactions needing a correction of data-entry errors

MUST be returned for review and correction by the clerical chief of

staff or the registrar.

• Case Information MUST have accessibility rights where the default

maintenance rights should be granted to assigned user(s) only.

• Case Information MUST be maintained by one user at a time, any

other user requesting the same case should receive a clear message

indicating someone currently working on the case.

• All case data and its transactions MUST be date, time and user

stamped.

• A complete audit log MUST be kept for each important operation on a

case identifying the user, date and time.


• All IIMS maintenance screens MUST perform an automatic logout if

the user does not perform any operation for a certain period of time

(idle user).

• Scanned images of case documents MUST be stored in an encrypted

format so that they can only be accessed through IIMS screens/reports.

• User authentication MUST occur at multiple tiers within all IIMS tiers,

including the middle tier (application servers).

• Although dynamic workflow is required, it is mandatory that workflow

actions be allowed only for specific roles.

2.3.2.2 System Architecture

1. The system MUST provide a secure (SSL and SHA-1 secure socket

layer encryption) browser-based user interface supported by all

standard web browsers (specifically Microsoft Edge, Microsoft

Internet Explorer, Google Chrome, Apple Safari, Firefox) and should

not require installation of any specific client side software.

2. In order to ensure good application performance and efficient usage of

network bandwidth, the system MUST utilise client-side scripting

technologies effectively.

3. The system MUST host all user-facing and web-facing e-Justice

applications in a de-militarized zone.

4. The system MUST feature business rules for controlled access to data.

5. The system MUST validate all data input on the server side.

6. Applications will preserve user work in draft status before expiring the

user’s working session so data entry is not lost. Alternately, the

application may engage a secure screen saver that challenges the user

to validate credentials upon re‐accessing the application.

7. The system MUST store database names, usernames, passwords, and

hostnames in a resource outside of the code base.

8. The system MUST not hard code the database name, username, or

hostname into the application itself.

9. The system MUST a mechanism for the back end servers to verify the

identity of the requesting web server.

10. The system MUST feature a data exchange standard, based on

formally established language and protocol by Government of Ghana,

for data exchange between the information systems of participating

organisations (for example, Law Enforcement Agency, Prison

Service).

11. The data exchange formats MUST comprehensively address all

possible transactions and capture all transactional related information

items.

12. Data exchange formats MUST be in human-readable format while

addressing the constraints of machine interface requirements.

13. Data exchange formats MUST address the requirements for error

check, data validation and audit related requirements.


14. The system should provide adequate redundancies to ensure

connectivity for continuous access to data and system resources.

15. The system MUST maintain accurate date and time.

16. The system MUST provide different and unique login IDs for all the

users of the system and track all activities of all the logins and

maintain audit trails of any changes made to the extent Ghana

OAGMoJ deems necessary.

17. The system MUST be able to grant specific access rights to each login

or group of logins, as per the business requirement and policy of

OAGMoJ. The application software should be flexible enough to grant

screen-based access to the users.

18. The system MUST provide the capability to monitor all security-

relevant activities.

19. The system MUST identify and authenticate the user before providing

him/her access to any component of the IIMS system.

20. Security Vulnerability Scanning Tools MUST be made available and

have the capability to scan all components of the MUST system.

21. The system MUST provide secure online access to all users to view

his/her account information.

22. The system MUST provide firewall technology, configured to protect

the various network and host-based services of the OAGMoJ.

23. The external incoming traffic to IIMS servers MUST be routed

through full Inspection Firewall kept on a high availability mode.

24. Host-based Intrusion Prevention MUST be made available.

2.3.2.3 Security Administration Functions

1. The system MUST provide an administrative graphical user interface

to perform user administration.

2. The system MUST have the capability for authorised security

administrators to set system security policy.

3. The system MUST have the capability for authorised security

administrators to maintain system security policy.

4. System security policy parameters MUST include authorised user

authentication methods.

5. System security policy parameters MUST include administrator

authentication methods.

6. System security policy parameters MUST include minimum passwords

lengths.

7. The system MUST provide a default security GUI for authorised

Systems Administrators / Operations Managers users that MUST

enable users them to, at a minimum:

8. Perform security administration.

9. Interact with the identity management system including managing user

roles and user accounts in a role based security system.

10. View and manage system, application, audit, and security logs.


11. Monitor system security policy settings and policy enforcement.

12. Administer access rules.

13. The System MUST provide access to system only for users with

required privileges. The system administrative user (super user) MUST

be able to provide access rights and privileges to user to access, view

and use data within the system.

14. System MUST allow only authorised users to access data and related

documentation in line with data classification policies. The access

MUST be role based with privileges that can be modified by a master

user (administrator) through a restricted user interface or menu.

2.3.2.4 Authenticated Session Management

1. The system MUST generate a new random session ID for each new

login request and assign this session ID after successful login.

2. The system MUST encrypt authenticated session ID during transport

from server to client.

3. The session data MUST not identify a user or individual.

4. The system MUST destroy session-related information at logout.

5. The system MUST provide a security timeout feature with warnings

provided at a certain settable time before the session is set to expire

and given the opportunity to extend their session. The timeout criteria

MUST be settable by the system administrators.

6. The system MUST limit access to sensitive and confidential data to

users who need to know and access that data. Wherever necessary, the

system MUST provide the capability to challenge users to validate

their credentials beyond the initial application login when accessing

confidential data.

2.3.2.5 Audit Support

1. Audit logs MUST contain logged events which each contain the date

the event occurred.

2. Audit logs MUST contain logged events which each contain the time

the event occurred.

3. Audit logs MUST contain logged events which each contain the

software module (source) that logged the event, which can be either an

application name or a component of the system or of a large

application, such as a service name.

4. Audit logs MUST contain logged events which each contain a

classification of the event by the event source.

5. Audit logs MUST contain logged events which each contains a

classification of the event severity: Error, Information, or Warning in

the system and application logs; Success Audit or Failure Audit in the

security log.

6. Audit logs MUST contain logged events which each contain a number

identifying the particular event type.


7. Audit logs MUST contain a description of the event containing the

user name of the user on whose behalf the event occurred.

8. Audit logs MUST contain a description of the event containing the

name (IP address and DNS name) of the system on which the event

occurred.

9. Audit logs MUST contain a description of the event containing a

description of any significant problems, such as a loss of data or loss of

functions.

10. Audit logs MUST contain a description of the event containing

information about infrequent significant events that describe successful

operations of major server services.

11. Audit logs MUST contain a description of the event containing

warnings, events that are not necessarily significant, but that indicate

possible future problems.

12. Audit logs MUST contain a description of the event containing an

audit of the security access attempts that were successful.

13. Audit logs MUST contain a description of the event containing an

audit of the security access attempts that failed.

14. The system MUST maintain a security log containing logon attempts

(both valid and invalid).

15. The system MUST maintain a security log containing events related to

resource use, such as creating, opening, or deleting files or other

objects.

16. The system MUST log all user activities, including the user ID, access

date and time, transaction and type of accesses made.

17. The system MUST maintain a log of all user activities related to access

- view and printing of pre-defined reports. The log as a minimum

MUST include the user id, access date and time, transaction and type

of accesses made.

18. The system MUST keep an audit log of security administrator

transactions.

19. The system MUST keep an audit log of system access rights.

20. The system MUST keep an audit log of attempts to access the system.

21. The system MUST keep an audit log of any detected breaches of

security policy.

22. The system must be capable of generating logs, which would be

admissible in evidence before the courts where digital forensics

tendered and relied upon in court proceedings.

2.3.2.6 Data Security

• The inbound and outbound data stream on third party data from

external data sources MUST be secured. The transmission has to be

secured across the channel till the point where the OAGMoJ is

responsible for security.


• The system MUST provide an automatic timestamp in the footer of all

documents and reports printed by the system, regarding its source and

time of printing to prevent any fraudulent data being inserted as part of

valid printout or tampering of printout.

• The system should maintain a log of printing of pre-defined reports.

• Each printed pre-defined report should have a unique report number to

identify the printed copy.

• It should be possible to enter the printed report number into the system

and obtain details of the report including its audit trail.

• The system MUST provide Digital Rights Management capability to

control and maintain access and to prevent manipulation/unauthorised

view, copy or delete of image files related to a case.

• The system MUST create and maintain audit logs, with restricted role

based access, of all the activities related to accessing the system’s

database. The audit log MUST capture, among other things, the date &

time of access, user ID of e-Justice system users and nature of access.

• The system MUST control the extent of access and duration of access

as part of the role-based access control of e-Justice records to all users.

2.3.2.7 Production Server Configuration and Access Control

1. The production system server(s) MUST not store unused or

development files

2. The production system server(s) MUST be separate from those used

for development.

3. The production system server(s) MUST be separate from those used

within the test environments. If this is not possible, server(s) used for

testing may be used for production system only after wiping clean

previous installations of O/S, database and application (for test

purposes) and installing clean instances of the system.

4. The production system MUST be suitably hardened using

configurations from the technology principals or recognised references,

e.g. https://benchmarks.cisecurity.org

5. Directory viewing MUST be disabled on the web server itself.

6. All web applications that require authentication ensure that all

resources within the system recheck credentials.

7. DNS aliases MUST be used to access applications. The server name

MUST not be used for user access.

2.4 Service Specifications

2.4.0 Overview of Service Requirements

The Supplier MUST supply all services necessary to design, develop and

implement the OAGMOJ Court/Case Management System, and perform

related services as specified below:


1. Project management services during entire contract implementation.

2. Change management services and activities in order to ensure that all of the

new applications are smoothly implemented and accepted by the end user.

3. System integration services to install and/or configure all of the related

hardware and commercial software according to the requirements of

OAGMOJ.

4. Implementation services for the IIMS:

a. System design, customization and development services for specific

requirements of OAGMOJ;

b. Construct, test and implement a IIMS providing role-based access in an

intuitive, user-friendly interface;

c. Define an automated operation model for the IIMS System to include at

least: job structures, definitions, scheduling and exceptions.

5. Training, capacity building and technology transfer to make sure OAGMOJ

technical staffs can manage and operate the system after the implementation

contract is finished, and user groups can competently use the system,

including:

a. Create user training materials that are web accessible (wiki format), and

deliver end user training in a train the trainer format;

b. Create Help desk and Network Management support materials and

procedures to address IIMS components and trouble calls.

c. Provide sufficient skills training and knowledge transfer to enable the

OAGMOJ system engineers to customize the required system components,

after the successful commissioning of Core application and the necessary

infrastructure and completion of capacity building and change

management initiatives.

6. Ongoing technical support and performance tuning after implementation, and

warranty support for three years (36 months) after installation and acceptance

of the IIMS.

7. The Supplier MUST provide a series of Documentation Deliverables

addressing the approach and content of the services described above, as

described in the following sections.

2.4.1 Service Related Documentation Deliverables

Service requirements are detailed in the following sections, and in cases in

which the Supplier is required to provide a deliverable document related to the

service, this has been indicated by a note following the requirement, e.g.:

• Deliverable 1: Project Management Plan

For ease of tracking, the required Service Related Documentation Deliverables

are summarized in the table following.

No Deliverable Content


1 Project Management Plan Written plan detailing the project management components as required by this RFP. Plan content will be developed jointly between the Supplier and the OAGMOJ PIU based on the Supplier’s Preliminary Project Plan submitted with the bid, and finalized during contract negotiations.

(1a) Communication and Change Management Sub-Plan

Written plan detailing the change management and communication components as required by this RFP. Plan content will be developed jointly between the Supplier and the OAGMOJ PIU. At a minimum the plan must include:

• what the change will look like for the OAGMOJ and who is impacted by the change

• the scope of the project

• specific objectives that define success of acceptance of the IIMS implementation

• An assessment of the OAGMOJ's readiness for change

• An assessment of the strength of the sponsorship coalition

• communications, sponsorship, coaching, training and resistance management strategies to help create the environment of System acceptance within the OAGMOJ community

2 Detailed IIMS Technical Design / Study

The detailed physical design of the IIMS, and its components and management. This document will contain specific elements related to IIMS:

• Software Architecture

• Hardware Architecture

• Hardware Components

• Hardware integration

• Software Design

Related client documents will be provided as further reference materials for the preparation of this Document


3 Implementation/Installation Plan

Detailed implementation planning including data migration, testing etc. The Implementation Plan must describe how the IIMS and its underlying infrastructure will be deployed, installed and transitioned into an operational system. The plan must contain an overview of the system, a brief description of the major tasks involved in the implementation, the overall resources needed to support the implementation effort (such as hardware, software, facilities, materials, and personnel), and any site-specific implementation requirements

(3a) IIMS Software and Components Unit Test Sub-Plan

The unit test plan for the IIMS components

(3b) IIMS System Integration Test Sub-Plan

The integration test plan for the IIMS

(3c) IIMS System Integration Test Scripts

The scripts and other testing materials used to support the performance of system integration testing of the IIMS

(3d) IIMS Acceptance Test Sub-Plan

The acceptance test plan for the IIMS components

(3e) IIMS Acceptance Test Scripts

The scripts and other test materials used to support the performance of acceptance testing of the IIMS

(3f) Change Control Plan This document must show the process during which the changes to the IIMS system are implemented in a controlled manner by following a pre-defined framework. It must show the process in which changes are identified, defined, evaluated, approved and tracked through to completion.

(3g) Helpdesk Implementation Plan

This document must describe the as-built development of the Helpdesk system that will support the proactive management of the OAGMOJ IIMS and its underlying infrastructure. Specifically, it must detail the development made to operate the OAGMOJ System Support Center (Help Desk). The document must continually evolve to reflect changing


requirements, vendor products, etc. Accordingly, this document must be updated to reflect those changes.

(3h) RISK Mitigation Plan Plan to identify, plan for and mitigate against various risks that could jeopardize the implementation of the OAGMOJ IIMS. At a minimum the plan must consists of:

1) Risk Identification 2) Risk Valuation 3) Risk Response 4) Risk Control

(3i) Backup & Restore / Continuity of Operations Plan

This Plan is meant to establish and implement procedures to create and maintain retrievable exact copies of Data and related technology components from the OAGMOJ IIMS that are necessary for recovery activities. This document must also define the following standards for organization backup processing:

• standard operating procedure for backup up OAGMOJ data

• standard for labeling backup media

• standard for data retention

• standard for offsite storage and retrieval of backup media

(3j) Migration Plan This document must lay out and define specific strategies/methods by which targeted users of the OAGMOJ IIMS will be transitioned from their current manual working environment to the automated IIMS space.

4 Training & Knowledge Transfer Plan

The plan for implementation of the required operational and user training

(4a) Capacity Building Plan This document must recommend strategies/methods to develop the needed technical human resources to maintain the solution, including how NITA’s and MOC's resources can be leveraged to build technical capacity within the OAGMOJ.

(4b) IIMS Operations The materials developed in support of


Training Materials operations training for the IIMS

(4c) IIMS End User Training and Support Materials

The materials developed for user training and support of the IIMS

5 IIMS Pilot Implementation and Recommendations Report

The results of the pilot implementation of the IIMS, and provides recommendations for adjustments and improvements for production implementation

(5a) IIMS Software and Components Unit Test Results

Results of the Unit tests

(5b) IIMS System Integration Test Results

The results of system integration testing of the IIMS

(5c) IIMS Acceptance Test Results

The results of the acceptance testing of the IIMS

(5d) Sustainability Plan Includes development of a 3 to 5 year budget

6 IIMS Documentation All deliverables described in these service specifications plus equipment and software manuals, and other technical documentation

2.4.2 OAGMOJ Support

The OAGMOJ shall furnish the Supplier with pertinent information,

knowledge and assistance as the Supplier may reasonably and properly

require, enabling the Supplier to perform its obligations hereunder. All the

materials supplied to the Supplier by the OAGMOJ for the purpose of this

Contract must remain the property of the OAGMOJ and shall be returned in

reasonable order after completion of the Implementation and Related Services.

To support the project activities, OAGMOJ will provide the following

resources and information:

a. Project management office (PMO) —The PMO will work jointly with

the Supplier to communicate and establish project management practices.

b. Subject matter expertise — OAGMOJ will provide subject matter

experts and clarification on an as-needed basis to assist in the development

of information needed to design and implement the OAGMOJ IIMS

components, including legal rule based configuration.

c. Deliverable review — OAGMOJ will provide staff to review and provide

feedback on deliverables as part of the submission and approval process.

The Supplier is expected to develop work plans that include draft reviews

of deliverables as they are developed. The Supplier must develop


deliverable expectations documents and should anticipate that formal

walkthroughs of the deliverables will be required.

d. IIMS implementation support — OAGMOJ will provide technical

assistance and OAGMoJ staff related change management support for the

implementation of the IIMS, including representatives from the user

community that will assist in testing activities and validation of user

training materials, reports, and the IIMS portal.

e. Technical staff for transition — OAGMOJ will provide a team of

systems engineers to work alongside the Supplier’s development team to

support knowledge transfer for the operations of the IIMS.

2.4.2.1 OAGMOJ’s organizational structure and project management structure

are detailed in Attachment 1 to these Technical Requirements.

2.4.3 Project Management

OAGMOJ envisions an incremental approach to implementation of the IIMS

components for the purpose of mitigating risk and enabling OAGMOJ staff to

progressively assume operational support responsibilities. Therefore, the Supplier

MUST produce a sequence of deliverables that will result in an incremental, phased

approach to building and implementing IIMS components. The Supplier MUST align

IIMS content to an implementation plan whereby all materials and effort are delivered

within the specified timeframes. The Supplier may shorten the timeline for the

delivery of the IIMS components, with the understanding that project resource

limitations may impact the proposed acceptance and implementation timelines.

The Supplier MUST work with OAGMOJ to finalize, during contract negotiations,

the Preliminary Project Plan (as defined in Section 5.2 of these technical

specifications) which will constitute the first service deliverable, detailing their

approach to performing the following minimum service requirements.

➢ Deliverable 1: Project Management Plan

2.4.3.1 Communication and Change Management

Implementation of the System will bring a series of changes in the way of

doing business within OAGMOJ, which may engender resistance from end

users in various courts. In order to achieve buy in by all stakeholders and

reduce resistance, the Supplier MUST develop and execute a comprehensive

Communication and Change Management strategy to ensure all stakeholders

smoothly accept the changes caused by implementation of the new system.

➢ Deliverable 1a: Communication and Change Management Sub-Plan (to be

submitted with the Project Management Plan)


2.4.4 System Analysis, Design and Development

2.4.4.1 Development/Customization Approach and Methodology

In order to satisfy the technical and business requirements identified in this

RFP the Supplier MUST make customizations to existing software they have

developed, make customizations to public domain software, and/or make

customizations to an existing commercial, off-the-shelf (COTS) software

package. The Supplier MUST utilize a commonly understood System

Development Lifecycle (SDLC) Methodology, to plan and execute the tasks

needed to develop and/or customize, test, and implement the OAGMOJ IIMS

components, for example:

(i) Structure Methodology: Waterfall, Parallel, Phased

(ii) RAD Methodology: Prototyping, Throwaway Prototyping

(iii) Agile Methodology: XP

The Supplier MUST detail the methodology and approach to determining and

developing software customizations, and in performing configuration

management of software and tools utilized or constructed for the project

through each of the project's phases or stages, as required by the Supplier’s

project structure and implementation approach.

2.4.4.2 Detailed Physical Design Study

Functional and logical data requirements for the system are documented in

these technical specifications, and elaborated at length in Attachment 4 to

these technical specifications. In producing the Detailed Design Study, the

Supplier, in conjunction with OAGMOJ staff, MUST begin by reviewing and

analyzing the business process models and schemas, and the required IIMS

portal functionality, in order to:

• Confirm, and amend if necessary, the process functions that

will be included in the OAGMOJ IIMS;

• Detail the functionality to be included in the OAGMOJ IIMS

portal, including the integration options to various application

components, and the security features; and

• Confirm the set of forms and reports that are to be transitioned

or introduced to the IIMS and IIMS portal, including the visualization

features and graphics that will be incorporated into the forms and

reports.

The Supplier MUST then perform the activities necessary to develop the

OAGMOJ IIMS system detailed design. The system design MUST provide

foundational information including the architecture of the application, the

architecture of the IIMS portal, and the architecture of the form/report


processing for the IIMS. The required content for the system design is

described below.

2.4.4.2.1 The Supplier MUST develop the designs for the physical models for

the IIMS. The physical models MUST be compliant with Government

of Ghana policies, standards, and guidelines, including the OAGMOJ

EA and e-GIF. Models MUST include the physical data organization

and storage strategies, table structures, keys, indexes and constraints,

triggers and other database constructs that support implementation of

the repository.

2.4.4.2.2 IIMS Portal Architecture — the Supplier MUST define and

document the implementation architecture to be used for the IIMS

portal, including role based access to reports, analysis and reporting

tools, and data extract capabilities. The portal implementation

architecture MUST provide the following information:

a. Description of how the portal will organize and display reports to

the user community. The portal MUST be able to host and provide

access to Crystal Reports and other reporting presented in

Microsoft Excel, Microsoft Word, PDF, HTML, and text formats.

The portal MUST also support establishment of links to other

reporting portals and systems.

b. An explanation of how the portal will provide role based

capabilities, including the all roles or ‘views’ as described in the

business application software specification.

c. Online help presentation — how the display of online help

materials will be provided in the portal.

2.4.4.2.3 The Supplier MUST develop report/form designs for the set of

OAGMOJ reports/forms that are targeted for transition to the IIMS.

Report/form design content MUST include, at minimum:

a. Report/form layouts, including detail, subtotal and total report lines

and report graphics and visualization features (e.g., bar graphs, pie

charts, dash boards);

b. Data sources and logic for accessing the data;

c. Calculations and aggregations for the reports;

d. As applicable, the use of parameters for selecting data subsets;

e. Drill through, sorting and filtering capabilities for the reports;

f. Execution information — batch, on demand, etc.; and

2.4.4.2.4 The detailed design MUST include performance tuning information

for those IIMS components that access or present data. This includes

the indexing and data access techniques that optimize the requests or

processing techniques that limit or filter result sets to ensure an


acceptable user experience when utilizing the IIMS. This also includes

data caching and data pre-fetching techniques and other server and

DBMS features that can be configured to optimize performance.

➢ Deliverable 2: Detailed IIMS Physical Design Study

2.4.5 Development and Full Production Implementation of System

2.4.5.1 The Supplier MUST provide an Implementation Plan that will guide

all key stakeholders through the implementation, detailing the

development methodology, and approach to testing and production

implementation of the IIMS components. The Implementation Plan

MUST detail the communication, coordination and training activities,

performance criteria, assessment tools, and feedback processes for

preparing and conducting the production implementation. The goal is

to validate the implementation process and tools, and certify the IIMS

application, technical environment, help desk and user support

materials as ready to move to full production implementation. The plan

MUST include, at minimum:

a. Time line for pilot testing of the IIMS components and the

production implementation timeline of the components.

b. An implementation communication plan, including internal and

external web communications.

c. Resources - what supplier, OAGMOJ, and external partner

resources will participate in the pilot testing activities and

implementation, including what roles the resources will fill, and

the timeline for resource support of the implementation efforts.

d. Pilot and production performance criteria, and the approach for

reaching a go-live decision, including OAGMOJ resources that

will participate in the go-live decision for each of the IIMS

components.

e. The baseline expectations for the new IIMS at the time of turnover.

f. Approval and transitioning of the components to OAGMOJ

resources, and closeout procedures.

g. Post implementation support - the approach to providing post-

implementation support and the timeline of the support activities.

2.4.5.2 The plan MUST provide the approach, timeline and activities required

to transition the knowledge and responsibility of operating, supporting

and maintaining the IIMS from the Supplier to OAGMOJ staff. The

scope of the plan MUST address the roles and responsibilities inherent

in the automation aspect of the System, including at minimum new


methods of operation, and the job scheduling facility and how it will

be put to use, for the following areas:

a. IIMS maintenance including portal, and security;

b. Configuration and release Management;

c. Database Administration of the DBMS;

d. Development and testing environment maintenance;

e. Application, reporting, and data base server support;

f. Security configuration and maintenance;

g. Documentation;

h. Production environment structures and management, monitoring

and control;

i. Training support; and

j. Help desk support.

➢ Deliverable 3: IIMS Implementation Plan

2.4.5.3 The Supplier and OAGMOJ’s Project Team MUST conduct a pilot to

certify the components meet requirements and to validate the

implementation process, and the results of this activity MUST be

documented and assessed by the Supplier and OAGMOJ prior to full

implementation.

2.4.5.4 Every category of work reflected in the OAGMOJ IIMS components

MUST be part of pilot testing activities, with the components

accessible to a limited, selected set of users. Help Desk support MUST

become available at the start of pilot testing, with support provided to

pilot users from the project site and via the Help Desk with assistance

from the Supplier team.

2.4.5.5 Prior to pilot testing, Help Desk staff MUST be trained in the new

IIMS functionality and supporting materials. They MUST clearly

understand their role and responsibility as part of the pilot testing

process, so that software defects can be tracked and addressed via the

application maintenance process.

2.4.5.6 During pilot testing, known and discovered system errors MUST be

fixed by the Supplier and updated software MUST be installed, and the

Supplier’s team MUST perform system tuning and conduct benchmark

tests to analyze the system performance and to predict future

requirements and to identify any adjustments that need to be made

prior to the beginning of the full implementation activities.


2.4.5.7 At the conclusion of pilot testing, the Supplier must compose and

submit to OAGMOJ a report summarizing the pilot activities and

results. The IIMS Pilot Implementation and Recommendations

deliverable MUST describe the results of the pilot implementation.

Information included in the report MUST include:

a. Users that participated in the pilot testing activities;

b. The content or components that were included in pilot testing;

c. Results of the pilot testing including incidents reported and

resolved; and

d. Recommendations in preparation for production implementation –

this includes recommendations for adjustments to the

implementation schedule or component implementation approach.

e. Pilot testing documentation MUST include at minimum the lessons

learned and evaluation of exit activities, as well as:

i. Production jobs schedule implementation;

ii. How many reports/forms hosted in the IIMS portal;

iii. User access to the portal – what user interactions have occurred

during the initial implementation period; and

iv. Performance tuning recommendations – based on

implementation results, what tuning is needed to ensure

optimal performance of the IIMS components.

2.4.5.8 At completion of the pilot testing, the Project Team will assess the

results, modify implementation and support processes, and continue

with implementation when ready and when the go-ahead is issued by

the OAGMOJ Project Sponsors.

➢ Deliverable 5: IIMS Pilot Implementation and Recommendations Report

2.4.6 Testing

The Supplier MUST prepare a Testing Plan, Test Scripts, and execute tests as

necessary throughout the design and development of the System. Detailed

requirements for testing are presented in Section E of these technical

specifications. Service Deliverables related to testing are described below.

2.4.6.1 IIMS Software and Components Unit Test Sub-Plan

The Supplier MUST develop the IIMS Unit Test Plan describing the

approach to be taken for performing unit testing of the IIMS

components. The test plan describes the scripts that guide testing


activities and the tracking and recording mechanisms that support the

management of the unit testing activities. The Unit Test Plan MUST

define and present the following components, at minimum:

a) Test processes and how each of the components will be unit tested,

including the use of test tools;

b) Testing schedule — when in the development process are the

components tested;

c) Format and quantity of test scripts and scenarios to be developed;

d) Physical location of the testing and any testing procedures;

e) Establishment of test data;

f) Supplier and OAGMOJ resources — what staff and technical

resources are required in the performance of the testing; and

g) Management approach — how the testing processes are managed,

tracked and reported.

Construction and submission of the Unit Test Plan deliverable must

align with and reflect the implementation approach proposed by the

Supplier. Test scripts, and tracking and management of the testing

activities can also be supported through the use of a Supplier specified

tool. Software or tools not currently supported by OAGMOJ must be

included in the cost proposal, along with justification for their use on

the project.

➢ Deliverable 3a: IIMS Software and Components Unit Test Sub-Plan (to be

submitted with the Implementation Plan)

2.4.6.2 IIMS Software and Components Unit Test Results

The Supplier MUST construct and perform unit testing of the IIMS

components, and MUST document and present the results of this

testing in the IIMS Software and Components Unit Test Results

deliverable. The deliverable describes the construction and testing

activities, summarizes the results, and as attachments includes unit

checklists and other documentation that is produced during the

construction and unit testing tasks. The deliverable presents the results

of unit testing activities, and signals the completion of the construction

and unit testing, and the transition of tested components to system

testing.

Construction and submission of the Software and Components Unit

Test Results deliverable MUST align with and reflect the

implementation approach proposed by the Supplier. Performing,

25


tracking and management of the testing activities can be supported

through the use of a supplier specified tool. Software or tools not

currently supported by OAGMOJ must be included in the cost

proposal, along with justification for their use on the project.

➢ Deliverable 5a: IIMS Software and Components Unit Test Results (to be

submitted with IIMS Pilot Implementation and Recommendations Report)

2.4.6.3 IIMS System Integration Test Plan

The Supplier MUST perform the activities necessary to build the

OAGMOJ IIMS System Integration Test Plan, presenting the approach

to be used in system testing integration of the various IIMS

components.

The System Integration Test Plan describes the test scripts, test

scenarios and other materials that guide testing activities, and the

tracking and recording mechanism that supports the management of

the system integration testing activities. The plan presents the approach

to establishing test environments, for development of test data, and

defines the testing schedule and resources that will be performing or

supporting the test activities. The deliverable MUST define and

present:

a) Test processes and how the integration of components will be

system tested, including the use of any test tools;

b) Testing schedule — when in the development process are the

components tested;




f) Supplier and OAGMOJ resources — what staff and technical

resources are required in the performance of the testing; and

g) Management approach — how the testing processes are managed,

tracked and reported.

Construction and submission of the System Integration Test Plan

deliverable must align with and reflect the implementation approach

proposed by the Supplier.

➢ Deliverable 3b: IIMS System Integration Test Sub-Plan (to be submitted with the

Implementation Plan)

2.4.6.4 IIMS System Integration Test Scripts

The OAGMOJ IIMS System Integration Test Scripts deliverable is the

set of Supplier developed test scripts, test scenarios and materials

used to guide integration and system testing of the IIMS


components. The Supplier MUST develop test scripts and materials

to be used for system testing, at a minimum, the following tests:

a) Constraints Testing

b) Record Counts testing

c) Source to Target Data Validation

d) Threshold testing

e) Field to Field testing

f) Initialization testing

g) Integration Testing

h) Data Validation

As the components must be developed based on an incremental

approach, Suppliers may tailor their testing approach and

development of testing deliverables to reflect the incremental

construction and testing of the components.

➢ Deliverable 3c: IIMS System Test Scripts (to be submitted with the Implementation

Plan)

2.4.6.5 System Integration Test Results Reporting

The Supplier MUST perform system integration testing of the IIMS

components as defined in the System Integration Test Plan, and

MUST then construct the IIMS System Integration Test Results

deliverable to present the results of the system integration testing

activities. This includes results of test script and test scenario

execution, and information on testing incidents found and corrected.

The deliverable MUST include as attachments completed system

integration test scripts and other documentation that is produced during

the system testing tasks.

Construction and submission of the IIMS System Integration Test

Results deliverable must align with and reflect the implementation

approach proposed by the Supplier.

➢ Deliverable 5b: IIMS System Integration Test Results Report (to be submitted

with IIMS Pilot Implementation and Recommendations Report)

2.4.6.6 IIMS Acceptance Test Sub-Plan

The Supplier MUST develop the IIMS Acceptance Test Plan

deliverable describing the approach to be taken for performing

acceptance testing of the IIMS components. The deliverable,

developed in conjunction with OAGMOJ resources, MUST

26


present the approach to be used for acceptance testing by

OAGMOJ resources of the various IIMS components.

The Acceptance Test Plan can be modeled after the System Integration

Test Plan, and MUST describe the test scripts, test scenarios and other

materials that guide testing activities, and the tracking and recording

mechanism that supports the management of the acceptance testing

activities. The plan MUST present the approach to establishing test

environments, for development of test data, and define the testing

schedule and resources that will be performing or supporting the test

activities. The test approach MUST also include how component

performance is evaluated and verified.

OAGMOJ will be responsible for identifying test resources, for

performing the testing, and for assisting in the tracking and

management of the test activities. OAGMOJ will also assist with the

construction of the Acceptance Test Plan deliverable.

Construction and submission of the Acceptance Test Plan deliverable

must align with and reflect the implementation approach proposed by

the Supplier.

➢ Deliverable 3d: IIMS Acceptance Test Sub-Plan (to be submitted with the


2.4.6.7 IIMS Acceptance Test Scripts

The IIMS Acceptance Test Scripts deliverable is the set of Supplier

developed test scripts, test scenarios and materials used to guide

acceptance testing of the IIMS components by OAGMOJ resources.

The Supplier MUST develop test scripts and materials to be used for

acceptance testing.

As the components must be developed based on an incremental

approach, the testing approach and development of testing deliverables

must reflect the incremental construction and testing of the

components. Testing MUST validate that the component operates

correctly, and that performance will support operation of the

components in the OAGMOJ environment. OAGMOJ anticipates that

acceptance test scripts, test scenarios and materials will be modeled

from system test scripts and materials.


➢ Deliverable 3e: IIMS Acceptance Test Scripts (to be submitted with the


2.4.6.8 Acceptance Test Results Reporting

The IIMS Acceptance Test Results deliverable presents the results of

the acceptance testing activities for the IIMS components. This

includes results of test script and test scenario execution, performance

validation of each of the components, and summary information on

testing incidents found and corrected. The deliverable includes as

attachments completed acceptance test scripts and other documentation

that is produced during the acceptance testing tasks.

OAGMOJ acceptance test personnel, with support from the Supplier,

will perform acceptance testing to verify the "production readiness" of

the components from the perspective of those who will use or support

the application. The objectives of the user acceptance testing are to

verify that the components meet the applicable specifications and

support business operations. Testing MUST include validation that the

component performance is optimized and able to support the user's

business needs. Performance validation includes optimized response

times to report data requests, including (if necessary) the use of batch

report generation and other data gathering techniques that support

timely presentation of information.

The Supplier, working with OAGMOJ resources, MUST analyze and

evaluate performance of IIMS components, telecommunication

networks, hardware, and software to validate performance of the

components. The result of this analysis MUST be included in the

Acceptance Test Results deliverable. The Supplier MUST make the

changes necessary to the OAGMOJ components to meet the Functional

Performance Requirements, and the Supplier may also suggest changes

to system settings (server, database, and network hardware and

software) to improve and optimize performance.

Completed tests, both successful and unsuccessful, MUST be

documented in the test results with a summary description of the test

outcome. Once the tests are executed and the acceptance criteria met,

the OAGMOJ will be ready to prepare for the Pilot of the component

and/or accept the system for production.

The following defect levels are established for the project. Successful

completion of acceptance testing for components is reached when all

Level 1 and Level 2 defects are resolved, and Level 3 and Level 4

defects are documented in a plan that defines how the remaining items

will be addressed. The plan for the correction of outstanding defects


MUST receive OAGMOJ approval, and include a timeline for

completion of the outstanding defect resolution activities.

Defect Severity Level Definitions

Severity Level 1 - Critical - A problem with software or a component causing critical impact

to OAGMOJ's business operation. No workaround is immediately available and work using

the software or component cannot continue.

Severity Level 2 - Serious - A problem with software or a component causing significant

impact to OAGMOJ's business operation. A workaround is available but is unacceptable on a

long term basis.

Severity Level 3 - Moderate - A problem with software or a component that impairs some

functionality, but a practical workaround exists.

Severity Level 4 - Minor - A problem that does not affect any functionality of the software or

a component on one or more business functions or system components.

OAGMOJ resources, with the assistance of Supplier resources, will

perform acceptance testing of the components. The Supplier MUST

assist with testing activities, and MUST track and record the

acceptance test activities.

Construction and submission of the Acceptance Test Results

deliverable MUST align with and reflect the implementation approach

proposed by the Supplier.

➢ Deliverable 5c: IIMS Acceptance Test Results (to be submitted with IIMS Pilot

Implementation and Recommendations Report)

2.4.7 Knowledge Transfer, Training and Training Materials

2.4.7.1 The Supplier MUST provide the following Knowledge Transfer and Training

Services:

a) Capacity Building Plan

b) End-user Training

c) System Administration and Operations Training

2.4.7.1.1 Capacity Building Plan

The Supplier MUST provide a Capacity Building Plan recommending

what strategies/methods should be employed in the OAGMOJ to

develop the needed technical human resources to maintain the


solution, including how NITA's and MOC's resources can be leveraged

to build technical capacity within the OAGMOJ.

2.4.7.1.2 End-user training

The Supplier MUST conduct end-user training prior to the actual

implementation of the pilot. The objective is to ensure the readiness of

all the end users to utilize the System prior to roll-out.

2.4.7.1.2.1 Format and Duration of End User Training: The Supplier

MUST prepare and conduct a 5 day ‘train the trainers’ course

to 3 selected groups of 20 OAGMOJ subject matter expert

‘power users’ to give them the skills (and training materials)

necessary to conduct downstream training for other users.

2.4.7.1.2.2 Because end user training will also be conducted through

the portal, the Supplier MUST make end user training materials

and documentation available online in wiki format, for repeated

access to knowledge and skill building.

2.4.7.1.2.3 End User Training Topics MUST include, at minimum:

a) Login to the Portal and administer users and groups

b) Create OAGMOJ sites/workspaces to facilitate

collaboration among OAGMOJ internal members

c) Add and modify documents/content on the sites/workspaces

d) Create wiki pages, discussion boards, blogs, RSS feeds

e) Utilize forms, surveys, workflows, and workspaces

f) Customize sites and sub-sites (using web parts/portlets)

g) Monitor site usage and manage user access, site security,

and backups

2.4.7.2 System Administration, Database Administration and Operations

Training

The Supplier MUST provide an in-depth training course in Accra for a

minimum 5 day duration for twenty (20) OAGMOJ system and

database administrators to manage, maintain and trouble shoot all

components of the IIMS and Portal.

2.4.7.2.1 System Administration and Operations Training Topics

MUST include, at minimum, the following topics:

IIMS:

a) Operation and Maintenance: Production job definition,

Production planning and scheduling, Monitoring,

Interrupted production operation Back-out and Recovery,

Backup-Restore, Performance tuning


b) Securing the IIMS: Open access, securing various type of

data access, and components

Portal:

a) Portal Installation and maintenance

b) Portal security management

c) Creating and editing master pages and site pages

d) Implementing content types

e) Creating, Managing and maintaining workflows

f) Building the content and layout pages

g) Utilizing external content types

2.4.7.3 Training Staff

2.4.7.3.1 The Supplier MUST provide comprehensive training and

support, either directly or through an appropriate qualified and

supported third party. Courses will be conducted in English.

2.4.7.3.2 The trainers provided by the Supplier MUST be well qualified.

They must be able to communicate well with all levels of officers of

the OAGMOJ. They must be mature enough to attend to different

training needs of the trainees at all levels. The OAGMOJ reserves the

right to demand the replacement of trainers if they do not meet the

above requirements. The efficiency of the training program conducted

by the Supplier will be under close examination and it will have to be

repeated by the Supplier without extra cost to OAGMOJ if the training

given is found to be ineffective, deficient or un-satisfactory

2.4.7.4 Training Coordination

2.4.7.4.1 The training sessions MUST be conducted according to the

implementation plan.

2.4.7.4.2 Where required, the Supplier MUST be responsible for

coordinating with external training parties in providing different types

of training courses, for all users of the OAGMOJ.

2.4.7.4.3 OAGMOJ will provide facilities for conducting the Training.

2.4.7.5 Knowledge Transfer and Training Plan

2.4.7.5.1 The Supplier MUST prepare a Training Plan document

indicating a program of courses to facilitate training for the end users.

The Supplier MUST work closely with the OAGMOJ representative


during the project to finalize the training arrangements, and submit the

Training Plan document for approval by the OAGMOJ representative.

The Training Plan submission MUST include, but not be limited to the

following information for each course:

a) Training objectives;

b) Sequence of learning activities;

c) Outline/ curriculum of the course;

d) Types of training: e.g. routing, network management, end-user

operation training, etc;

e) Category of trainee – managerial, technical staff, end user, etc;

f) Training mode, e.g. classroom presentation, hands-on computer

assisted training, paper and pencil exercise, self-learning CD-ROM

or video, etc.;

g) Training venue;

h) Resources required, such as equipment, workshop accommodation,

CD-ROM, etc.;

i) Program showing the training hours for each training course,

including classroom training, together with a breakdown of the

hours necessary for each main subject;

j) Proposed schedule/duration;

k) No. of participants for each class; and

l) Post course assessment method, if applicable.

2.4.7.5.2 The Supplier MUST develop different types of training

methods and curriculum to support each course in the training

program, including:

a) Trainer’s guide, which MUST include course agenda, course

objectives, procedures for managing training sessions, resources

and facilities required, guidelines for preparing training, detailed

lesson plans including outlined presentations and discussion

guides, training aids and job aids, computer based learning

facilities, and detailed instructions for managing any on-the-job

training.

b) Training materials, including manuals, handouts, computer-based

training software materials, video-based self-study units, etc.

c) Training materials MUST closely integrate with actual workflow

and operation in the OAGMOJ’s business environment to provide

a user-friendly and practical guide to the users.

d) Training presentation slides, or other appropriate delivery aids.

e) Training data, designed for the purpose of computer hands-on

training.


f) Training evaluation mechanism, including associated forms and

scorecards.

2.4.7.5.3 All training curriculum developed by the Supplier MUST

become the property of the OAGMOJ. The Supplier MUST make

provisions to enhance the course design and all associated training

facilities, following an evaluation of the first presentation of each

training course.

2.4.9.5.4 Training courses MUST be delivered in English.

➢ Deliverable 4: Knowledge Transfer and Training Plan

➢ Deliverable 4a: Capacity Building Plan

2.4.7.6 IIMS Operations Training Materials

2.4.7.6.1 The IIMS Operations Training Materials deliverable develops

the materials that will enable OAGMOJ operations staff to support and

maintain the IIMS components. The Supplier MUST develop the

training materials to provide information for the following areas, at

minimum:

a) Help desk - define what procedures are used for addressing help

desk calls on the IIMS portal. Materials MUST address both level

1 (first response) and level 2 (high level troubleshooting) calls with

procedures and information to enable help desk staff to validate

problems and determine next steps towards resolving the calls.

b) The Supplier MUST develop help desk processes and procedures

materials to promote reliable, consistent, and effective responses

by Help Desk personnel. The materials MUST address the

communication approach, issue escalation procedures and

reporting requirements.

c) Software build - The Supplier MUST define and document the

build processes for software components including the IIMS portal

and define what steps are followed to change or update the IIMS /

portal processes.

d) Report development tools - the Supplier MUST provide training

materials for the development tools used to construct the

OAGMOJ reports targeted for transition to the OAGMOJ

repository. The materials MUST provide guidance on using

filtering, aggregation, standard reporting, extract functions and

other features that supported by the report development tools.

e) Security setup and maintenance - define how security is maintained

for the IIMS portal, including the maintenance or building of

security for role based access to the portal content. Security


maintenance for the data repositories and processes MUST also be

included.

f) Maintenance procedures - Maintenance procedures, including

backup schedules, reorganization and rebuilding of database

structures.

2.4.7.6.2 The Operations Training Materials deliverable MUST be

organized into two sections:

1) Developers Manual - outlining and detailing operating,

maintenance, development, processes, standards, procedures, plus

any other technical information required to fully support the IIMS

and Portal components.

2) Operations Manual - presenting the information needed to operate

the OAGMOJ components, and to troubleshoot issues that may

arise.

➢ Deliverable 4b: IIMS Operations Training Materials

2.4.7.7 IIMS End User Training and Support Materials

2.4.7.7.1 The Supplier MUST develop a set of materials that provides

end user training and support information for the IIMS. The primary

mechanism for training delivery and access to the training and support

materials MUST be online through the IIMS portal. User training

materials are intended to provide an easy-to-navigate source of

guidance for using the IIMS, and to minimize the need for support

resources. Users should be able to search and quickly find training

materials targeted to the functions supported by the IIMS and the

portal, with navigation assisted by links and other methods that quickly

directs users to the information they seek.

➢ Deliverable 4c: IIMS End User Training Support Materials

2.4.8 Technical Support

The Supplier MUST provide the following Technical Support services under the

Contract:

2.4.8.1 Post Implementation Support

2.4.8.1.1 To accomplish a smooth transition to OAGMOJ staff

maintaining the system, the Supplier MUST perform production

support tasks in two phases, three months of primary support and three

months in a secondary support role. The first phase focuses on

achieving system stability, wrapping up the system documentation and


supporting OAGMOJ staff as they take more responsibility for system

operations and enhancements. The Supplier is expected to provide this

support for this phase for three months after all components are placed

into production. The second phase then focuses on ramping down the

responsibilities of the Supplier as OAGMOJ takes full ownership of

maintenance and operations. This phase has an expected duration of

three months, at that time the operations of the OAGMOJ will be

assumed by OAGMOJ operation staff.

2.4.8.1.2 During phase 1 and phase 2 of Post Implementation support the

Supplier MUST:

a) Perform Defect Resolution – The Supplier MUST resolve defects

discovered during rollout.

b) Perform Performance Monitoring and Tuning – The Supplier

MUST provide ongoing performance measurements to ensure

system performance is acceptable in the production environment.

The Supplier will be responsible for identifying and resolving

potential performance issues and working with OAGMOJ staff to

manage and coordinate solutions. Performance monitoring results

and summaries MUST be made available for review on a weekly

basis throughout the transition period.

c) Support help desk resources in resolving OAGMOJ related calls.

2.4.8.2 Warranty Service and Maintenance

a) The Supplier MUST provide 3 years (36 months) warranty for all software

and applications (including IIMS and the Portal), with effect from the date

of acceptance.

b) Warranty Period Service and Maintenance MUST be based on a Service

Level Agreement (SLA) that the Supplier will be required to support, with

associated performance failure penalties.

c) All hardware and commercial software MUST be fully supported by the

manufacturer for the full duration of the warranty period.

d) Operation and support hours of the System Help Desk are from 8am to

5pm from Mondays to Saturday, excluding public holidays.

e) The Supplier MUST recommend the type of routine / preventive

maintenance tests and their duration, giving the test set ups and their

procedures.

f) Software maintenance MUST include the following:

i. Investigation and correction of defects in the Software as reported by the

OAGMOJ including temporary corrections and bypass of the defects

until such time as standard corrections and/or updates of the Software

are available;


ii. Installation, testing and implementation of standard corrections, updates,

supply and installation of new versions and new releases of the Software

and updating of related documentation and materials;

iii. Restoring the System to an operable state where System Downtime is

attributable to Software defect or error.

iv. Recovering lost data, restoration and repair of damaged data and the

correction of erroneous data to the extent possible.

2.4.8.3 Software Support

a) The Supplier MUST supply at no cost to OAGMOJ local software support

for a minimum of three years after system acceptance. This local support

MUST include all aspects of diagnosing, testing and fault correction and

system updating which cannot be solved by OAGMOJ trained personnel

using the Supplier procedures and manuals.

b) ‘Software’ includes all Operating Systems and Applications for the IIMS

and the Portal.

c) All software supplied by the Supplier MUST remain the property of

OAGMOJ. This applies to any software supplied under the original tender

as well as to any subsequent software supplied, developed or modified at a

later date.

d) The Supplier MUST furnish the list of complete software documentation

in CD-ROM.

e) Software compatibility between past, present and future releases MUST be

clearly explained.

f) The Supplier MUST either provide OAGMOJ with the source code for all

software, or arrange safe custody of software with an Escrow agent, in

which case the entire cost associated shall be borne by the Supplier.

OAGMOJ considers the provision of source code extremely important and

therefore non-adherence to this requirement may lead to non-selection /

disqualification of the Supplier’s bid.

2.4.8.4 Technical Support Procedures – Help Desk Services

The Supplier MUST provide a Help Desk service facility operational during

business hours (8am – 5pm Monday through Friday, excluding holidays) for

reporting all incidents and service requests during the warranty support period.

The service MUST provide a Single Point of Contact (SPOC) and also

escalation / closure of incidents for all IIMS users and include, at minimum:

(a) Provide Help Desk facility during agreed service period window for

reporting incidents / issues / problems.


(b) Provide necessary channels for reporting issues to the help desk. The

incident reporting channels MUST include the following:

(i) Specific E-Mail account

(ii) Telephone / Toll-free dedicated Phone Number(s)

(iii) Portal

(c) Implement a call logging system in line with the severity levels as per the

SLA. The Help desk MUST log user calls related to the IIMS and Server

Room infrastructure and assign an incident/ call ID number. Severity

MUST be assigned to each call as per the SLA.

(d) Creation of knowledge base on frequently asked questions to assist users

in resolving basic issues themselves

(e) Track each incident / call to resolution

(f) Provide feedback to callers.

(g) Analyze the call statistics

(h) Escalate the calls, to the appropriate levels, if necessary as per the

escalation matrix in the SLA.

(i) Analyze the incident / call statistics and provide monthly reports including

but not limited to:

(i) Type of incidents / calls logged

(ii) Incidents / calls resolved

(iii) Incidents / calls open

2.4.8.5 Back-Up Plan and Strategy

The Supplier MUST provide a comprehensive backup plan and strategy to

ensure that all the critical system configurations are backed-up according to a

planned schedule.

2.4.9 Documentation Requirements

2.4.9.1 The Supplier MUST prepare and provide 4 complete sets of documentation in

both hard and softcopy, for comment and approval by OAGMOJ. The

Supplier MUST provide all project management, design and implementation

planning documentation listed in the Documentation Deliverables table in

Clause 2.5 of these Service Specifications, as well as end user documentation

and technical documentation covering the following areas, at minimum:

2.4.9.1.1 End User Documentation:

a) User Acceptance Test Report

b) User Training Guide


c) User Manual

2.4.9.1.2 Technical Documentation to facilitate the management of the

production environment:

a) Design Specifications

b) Coding Documentation, including code review and walkthrough

results

c) Logical/ physical diagram of the System

d) Hardware/ software/ versions used

e) Configuration

f) Batch Processes used

g) Backup and recovery

h) Housekeeping activities

i) Standard Operating Procedures (SOP)

j) Installation Manual

k) Operation Manual

l) Incident Report

m) Progress Report

n) Project Meeting Minutes

o) Maintenance and Support Plan

p) All GoG EA Artifacts related to the System (Artifacts MUST be

inserted or updated, as appropriate, to the GoG EA repository)

2.4.9.1.3 Equipment Manuals:

a) Comprehensive index.

b) Principles of operation, controls, indicators and monitor points for

each unit.

c) Performance/interface specification for each unit.

d) Inter shelf and inter-rack cabling diagrams.

e) List of test equipment and special tools necessary for the repair and

maintenance of each unit.

f) List of maintenance routines and detailed routine procedures

(including fault diagnosis and repairs).

g) A detailed reference manual for all commands available on the

system.

2.4.9.2 The Supplier MUST ensure a proper handover of all materials and

documentation developed during implementation, that are related to the on-

going Operations and Maintenance Services, from the Implementation Team

to the Operations and Maintenance Team.

2.4.9.3 Deliverable Documentation Submission Process

The process by which the Supplier MUST submit the Documentation

Deliverables is as follows:


1. Submission of each deliverable in final draft format to appropriate

OAGMOJ staff;

2. OAGMOJ internal review of final draft report or presentation for each

deliverable;

3. Supplier review of OAGMOJ feedback comments on each deliverable

submission;

4. Deliverable updates as requested by OAGMOJ reviewers made by

Supplier;

5. Submission of final deliverable for OAGMOJ review and approval;

and

6. Final approval of each deliverable.

2.4.9.3.1 OAGMOJ will conduct incremental reviews of deliverables as

construction progresses to validate that the developing content meets

expectations. The Supplier MUST submit deliverable expectations

documents (DEDs) prior to commencing the construction of

deliverables. DEDs help define the content of deliverables and align

expectations between the Supplier and OAGMOJ. The format of

DEDs will be determined by mutual agreement between the Supplier

and OAGMOJ as part of project startup activities.

2.4.9.3.2 Incremental reviews of deliverables may include formal

meetings with OAGMOJ staff and the Supplier. The Supplier MUST

host the meetings. At these meetings, the Supplier MUST document

the issues and resolutions and, within three (3) days, provide written

minutes as to the agreement on the steps required to successfully

complete deliverables prior to approval.

➢ Deliverable 6: IIMS Documentation


D. TESTING AND QUALITY ASSURANCE REQUIREMENTS

3.1 Testing

3.1.1 Testing MUST be performed to validate that the components implement the

technical and business requirements, and that the components will operate in

the production environment.

3.1.2 In addition to the Supplier’s standard check-out and set-up tests, the Supplier

(with the assistance of OAGMOJ) MUST perform the following tests on the

System and its Subsystems before Installation will be deemed to have occurred

and the Purchaser will issue the Installation Certificate(s) (pursuant to GCC

Clause 26 and related SCC clauses).

a) Software and Components Unit Tests

b) System Integration Tests

c) User Acceptance Testing

3.1.3 The Supplier MUST develop and implement the test environment and

software, test cases, and test data during the testing phases, and plan, manage,

and perform the testing activities for Unit and System testing, and work

alongside OAGMOJ resources as they perform Acceptance testing of project

components.

3.1.4 All Servers and hardware components of the system MUST be certified by an

Independent Certification Test Lab.

3.2 Testing Process Framework

3.2.1 The Supplier MUST prepare the Testing Requirements, Testing Plan and Test

Case documents in line with the framework depicted below:

Testing Process Framework


3.2.2 The Supplier's approach to testing MUST be comprehensive and include a

series of Test Plans. The Test Plans MUST describe in detail the Supplier's

specific process for each level of testing. The Test Plans must include the

format and quantity of test scripts and scenarios to be developed, testing

participants (including OAGMOJ's roles and responsibilities), physical

location, testing procedures, test data tables and files, acceptance testing

criteria, test tracking systems and processes, problem resolution approach,

structured walkthroughs, and testing results deliverable content.

3.2.3 The Supplier MUST also identify and describe any proposed testing tools in

the test plans, including the features provided in the proposed testing tools, and

identify the levels of testing which will use the tools. Currently OAGMOJ does

not utilize automated testing tools in their development environment.

3.2.4 Testing Plans, Test Scripts, and Test Result Reports will constitute

Deliverables under the Services to be delivered by the Supplier, as described in

Section 2 of these technical specifications.

3.3 IIMS Software and Components Unit Tests

3.3.1 The Supplier MUST perform the IIMS Unit Testing of the IIMS components.

The Unit Test Plan MUST describe the scripts that guide testing activities and

the tracking and recording mechanisms that support the management of the

Unit testing activities, including the following components:

a) Test processes and how each of the components will be unit tested,

including the use of test tools;

b) Testing schedule — when in the development process are the components

tested;




f) Supplier and OAGMOJ resources — what staff and technical resources are

required in the performance of the testing; and

g) Management approach — how the testing processes are managed, tracked

and reported.

3.3.2 Test scripts, and tracking and management of the testing activities can also be

supported through the use of a supplier specified tool. Software or tools not

currently supported by OAGMOJ must be included in the cost proposal, along

with justification for their use on the project.


3.4 IIMS System Integration Test

3.4.1 The Supplier MUST perform IIMS System Integration Tests, including testing

the integration of the various IIMS system components. The System

Integration Test MUST include, at minimum, the following tests:








h) Data Validation

3.4.2 The Supplier’s System Integration Test Plan MUST describe the test scripts,

test scenarios and other materials that guide testing activities, and the tracking

and recording mechanism that supports the management of the system

integration testing activities. The plan MUST present the approach to

establishing test environments, development of test data, and define the testing

schedule and resources that will be performing or supporting the test activities.

The Supplier’s System Integration Test Plan MUST define and present:

a) Test processes and how each of the components will be integration tested,

including the use of any test tools;

b) Testing schedule — when in the development process are the components

tested;




f) Supplier and OAGMOJ resources — what staff and technical resources are

required in the performance of the testing; and

g) Management approach — how the testing processes are managed, tracked

and reported.

3.4.3 The Supplier MUST develop IIMS System Integration Test Scripts, test

scenarios and materials used to guide integration and system testing of the

IIMS components.


3.5 Operational Acceptance Tests

3.5.1 Pursuant to GCC Clause 27 and related SCC clauses, the OAGMOJ (with the

assistance of the Supplier) will perform the following tests on the System and

its Subsystems following Installation to determine whether the System and the

Subsystems meet all the requirements mandated for Operational Acceptance.








h) Data Validation

3.5.2 OAGMOJ will be responsible for identifying test resources, for performing the

testing, and for assisting in the tracking and management of the test activities.

OAGMOJ will also assist with the construction of the Acceptance Test Plan

deliverable.

3.5.3 OAGMOJ acceptance test personnel, with support from the Supplier, will

perform the acceptance testing to verify the "production readiness" of the

components from the perspective of those who will use or support the

application. The objectives of the user acceptance testing are to verify that the

components meet the applicable specifications and support business

operations. Testing MUST include validation that the component performance

is optimized and able to support the user's business needs.

3.5.4 Completed tests, both successful and unsuccessful, MUST be documented in

the test results with a summary description of the test outcome.

3.5.6 The Acceptance Test Plan can be modeled after the System Test Plan, and

must describe the test scripts, test scenarios and other materials that guide

testing activities, and the tracking and recording mechanism that supports the

management of the acceptance testing activities. The plan MUST present the

approach to establishing test environments, development of test data, and

define the testing schedule and resources that will be performing or supporting

the test activities. The test approach MUST also include how component

performance is evaluated and verified.


E. IMPLEMENTATION SCHEDULE


Implementation Schedule Table

System, Subsystem, or lot number: [if a multi-lot procurement, insert: lot number, otherwise state “entire System procurement”]

[Specify desired installation and acceptance dates for all items in Schedule below, modifying the sample line items and sample table

entries as needed.]

Line

Item

No.

Subsystem / Item

Configuration

Table No.

Site / Site

Code

Delivery

(Bidder to

specify in the

Preliminary

Project Plan)

Installation

(weeks from

Effective Date)

Acceptance

(weeks from

Effective Date)

Liquidated

Damages

Milestone

0 Project Plan - - - - - - W2 no

1 Headquarters Subsystem 1 HQ - - - - - -

1.1 Hardware, LAN & General-

Purpose Software

1 “ W16 W20 yes

1.2 Database system 1 “ W20 W24 yes

1.3 Training 1 “ - - W32 no

Note: Refer to the System Inventory Table(s) below for the specific items and components that constitute the Subsystems or item. Refer to

the Site Table(s) below for details regarding the site and the site code.

- - indicates not applicable. “ indicates repetition of table entry above.


System Inventory Table (Supply and Installation Cost Items) [ insert: identifying number ]

System, Subsystem, or lot number: [ if a multi-lot procurement, insert: lot number, otherwise state “entire System procurement” ]

Line item number: [ specify: relevant line item number from the Implementation Schedule (e.g., 1.1) ]

[ as necessary for the supply and installation of the System, specify: the detailed components and quantities in the System Inventory

Table below for the line item specified above, modifying the sample components and sample table entries as needed. Repeat the

System Inventory Table as needed to cover each and every line item in the Implementation Schedule that requires elaboration. ]

Component

No.

Component

Relevant Technical

Specifications

No.

Additional Site Information

(e.g., building, floor,

department, etc.)

Quantity

1. Hardware (Headquarters) - - - -

1.1 Hardware -- Finance Department Main Building, fourth floor - -

1.1.1 Advanced workstations “ 4

1.1.2 Standard workstations “ 12

1.1.3 High-speed laser printer “ 1

1.1.4 Standard-speed laser printer “ 3

1.1.4 Continuous-feed printer “ 3

1.1.5 etc.

:


Component

No.

Component

Relevant Technical

Specifications

No.



department, etc.)

Quantity

2. LAN (Headquarters) - -

2.1 Wiring Closet Hardware One set each for floors 1-5 of

Main Building and floors 3-4

of Annex

- -

2.1.1 Hubs “ 7

2.1.2 Punch-down panel “ 7

2.1.3 Uninterruptible power supply (small) “ 7

2.1.4 Lockable equipment rack “ 7

2.1.5 etc.

:

2.2 In-building Wiring - -

2.2.1 Server Room Room 44, 4th floor of Annex - -

2.2.1.1 dedicated telephone lines (data) “ 2 nodes

2.2.2 Backbone and risers (fiber optic) Server room and all wiring

closets

28 nodes


Component

No.

Component

Relevant Technical

Specifications

No.



department, etc.)

Quantity

2.2.3 Departmental wiring - -

2.2.3.1

Finance Department

Main Building, 4th floor, all

offices, secretarial stations,

and printer stations

40 nodes

:

3. General-Purpose Software

:

Note: - - indicates not applicable. “ indicates repetition of table entry above.


System Inventory Table (Recurrent Cost Items) [ insert: identifying number ]


Line item number: [ specify: relevant line item number from the Implementation Schedule (e.g., z.1) ]

[ as necessary for the supply and installation of the System, specify: the detailed components and quantities in the System Inventory

Table below for the line item specified above, modifying the sample components and sample table entries as needed. Repeat the

System Inventory Table as needed to cover each and every line item in the Implementation Schedule that requires elaboration. ]

Component

No.

Component

Relevant

Technical

Specifications No.

Y1

Y2

Y3

Y4

…

Yn

1.

Hardware Maintenance

Incl. in

Warranty

Incl. in

Warranty

Incl. in

Warranty

all

items,

all sites

…

main

server

& WAN

…

2. Software Licenses and Updates:

2.1

System and General-Purpose

Software

Incl. in

Warranty

all items,

all sites

all items,

all sites

all

items,

all sites

none

none

2.2 Application, Standard, and Custom

Software

Incl. in

Warranty

HQ HQ HQ HQ HQ

…

3. Technical Services


Component

No.

Component

Relevant

Technical

Specifications No.

Y1

Y2

Y3

Y4

…

Yn

3.1 Sr. Systems Analyst 80 days 40 days 20 days 10 days 0 0

3.2 Sr. Programmer 20 days 40 days 60 days 40 days 0 0

3.3 Sr. Network Specialist, …. etc. - - 20 days 20 days 0 0 0

…

4. Telecommunications Services … … … ... … …

5. [Other recurrent services, if any] … … … … … …

Note: - - indicates not applicable. “ indicates repetition of table entry above.


Site Table(s)


[ specify: the detailed information regarding the site(s) at which the System is to be operated ]

Site

Code

Site

City / Town / Region

Primary Street Address

Drawing

Reference No.

(if any)

HQ Headquarters

R1 Region 1

R1.1 Region 1 Head Office

R1.2 ABC Branch Office

R1.3 DEF Branch Office


Table of Holidays and Other Non-Working Days

[ specify: the days for each month for each year that are non-working days, due to Holidays or other business reasons (other than

weekends). ]

Month 20xy 20xy+1 20xy+2 .... ... 20zz

1

2

3

4

5

6

7

8

9

10

11

12

Section VI. Technical Requirements (Implementation Schedule) PAGE 1

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 5.7.2 below. All information provided

by cross reference must, at a minimum, include clear titles and page numbers.

5.1.2 Within the proposal, the Bidder MUST describe their software components that will

be included in the IIMS solution, including software language, software modules,

public domain software, commercial off-the-shelf (COTS) software product(s) (as

applicable), and standard and ad hoc reporting software. For each software product,

the Bidder MUST identify the company, version, key features of the product, and

planned number of installations needed to support development, test, training and

production environments.

5.1.3 Proposal responses MUST include an overview of any build processes required to

support the system’s components. Bidders are encouraged to propose solutions that

automate and streamline the build processes. Solutions capable of detecting business

rules and schema changes and rebuilding data components through the use of

automation will be evaluated and their relative advantages and disadvantages

considered during the evaluation of responses.

5.1.4 Within the proposal, Bidders MUST describe their approach to managing multiple

versions of software throughout the development, test, production, and post-

implementation cycles. Configuration management MUST address all components of

the IIMS that are subject to change control, including database structures, reports, and

the portal software.

5.1.5 Within the proposal, Bidders MUST describe their approach for defining and

managing security levels for the IIMS portal and data repository, and describe their

Security Architecture, including components and functions at each architecture level

(e.g., application, database, network, server, etc.), including the capabilities associated

with each security level.

5.2 Preliminary Project Plan

5.2.0 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. At minimum, the Preliminary Project Plan MUST address the

following topics and points of emphasis:

1 Project Organization and Management Sub-Plan including Task, Time, and

Resource Schedules, Problem Identification, Escalation and Resolution

Mechanisms, and Quality Assurance Arrangements

2 Change Management and Communication Sub-Plan (detailed in 5.3 below)

3 Software Design and Development Sub-Plan, including System Development

Lifecycle (SDLC) Methodology


5 System Integration Sub-Plan, including Structured Implementation Approach for

Pilot and Production implementation detailing, at minimum:



iii. system functionality to be included in each implementation phase,

iv. evaluation criteria that will be used to determine the project's readiness for

implementation of each of the project's components

v. and advantages and disadvantages of the proposed implementation strategy

and approach.

6 Training Sub-Plan

7 Inspection, Pre-commissioning and Operational Acceptance Testing Sub-Plan

8. Warranty Service and Technical Support Sub-Plan

9. 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.

5.2.1 In addition to the topics and points of emphasis, the Preliminary Project Plan MUST

address the topics and points of emphasis specified in SCC Clause 19 including any

additional items stated in the Bid Data Sheet for ITB Clause 16.2 (c). 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 Preliminary Change Management and Communication Plan

(a) The implementation of this project represents a new way of working for OAGMOJ. The

Bidder MUST include in the project plan a detailed description of how it will ensure

acceptance by OAGMoJ staff of the new system.

(b) The Bidder MUST include detailed descriptions of its organization units related to the

various stakeholders involved in the project. Details MUST include:

(i) Manner of interface with Bidder and various OAGMOJ stakeholders

(ii) Roles and responsibilities of Bidder staff, by person and position

(iii) Expectations of roles and responsibility of OAGMOJ stakeholders

(c) The Bidder MUST include details of his communication plan for the program including:

(i) Proactive and targeted approach focusing on developing and delivering key

messages to key groups in the right time, manner and responsiveness

(ii) Means of identifying and analyzing key stakeholders

(iii) Communication goals and objectives

(iv) Key messages and anticipated timing and frequency

(v) Feedback and evaluation mechanisms

(vi) Recognition and celebration means for change leaders and enablers

5.4 Firm Qualification and Experience Requirements

(a) The Bidder Qualifications and submission requirements are clearly defined in the

Invitation for Bids (IFB) and in the Bid Data Sheet (BDS). As stated, Bidders and their

subcontractors MUST show a multi-year track record of enterprise information systems

implementation especially in court management and e-Justice systems.

(b) The Bidder MUST identify its subcontractors undertaking a significant portion of work

under this contract (15% of greater of the estimated value of the contract) or

undertaking major elements of work under this contract (software customization,

maintenance, training, installation or support). Such subcontractors MUST be capable

of supplying installation, training and maintenance and support services to the project.

(c) The Bidder (or its contractors) MUST describe regional and country experiences in

similar projects. Experience in Ghana is desirable.

(d) The Bidder (or its contractors) MUST specify the number of local staff, and the skills

and qualifications that will be dedicated to the implementation of this project.

(e) The Bidder MUST have a formal quality assurance system in operation and MUST be

certified or recognised by an independent body in terms of its quality assurance

practices (using the ISO-9000 series or equivalent standards).

5.5 Expertise Curriculum Vitae (CV)

(a) The Bidder MUST provide detailed CV of personnel involved in the project. The

mandatory requirements for the expertise for the Team Organization and Staffing are as

follows:

1. The Project Team must include experience in the following areas:

a) Enterprise Information Systems: design, implementation, operations and

support (including hardware, software and networking)

c) Solution Delivery: design, delivery, and maintenance of the end user

information access solutions.

c) Ghanaian Legal Expertise: knowledge of the Rules of Courts of the Lower and

Superior Courts, Judicial Administration, Financial Management, General

Legal Counsel and Solicitor licensing requirements, the Ghana Electronic

Transactions Act, and trial and appeal related processes.

e) Database Analysis: design, delivery, and maintenance of the physical database

structure.

f) Data Modeling: design, delivery, and maintenance of the data models

including terminologies and definitions, data examples, relationships, and

governance rules.

h) System, Network and Security Management

i) Project Management (including Change Management)

j) Technical Support and Training

2. The Bidder must propose the structure and composition of the team to list the main

disciplines involved, the key experts / specialists and proposed technical staff.

3. The Bidder shall prepare and provide in their bids a detailed staffing plan clearly

showing the roles, responsibilities, proposed working time and schedule of all staff

(including non-lead and non-key ones) proposed.

4. CVs for 5 (five) key staff positions, which will be scored in the bid evaluation,

MUST be included in the technical bid (see sample forms for CV format). See

Attachment 1 to the BDS for a description of the roles, and the mandatory

requirements for these 5 key positions:

a) Project Manager / Team Leader

b) Deputy Team Leader (System Technical Expert)

c) Solution Architect

d) Ghanaian Legal Expert

e) Change Management and Training Specialist

5.6 Confirmation of Responsibility for Integration and Interoperability of Information

Technologies

5.6.0 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.

5.7 Format and Content of Bids

5.7.1 All Bidders are required to submit one sealed pack which includes:

• One (1) printed original and Four (4) copies

• One (1) soft copy on CD-ROM, submitted in the sealed envelope containing the

original hard copy of their bid

In case of any discrepancy between the printed bid and the electronic soft copy, the printed

bid will prevail. The softcopy format must be in Microsoft Office format and a widely

accepted flowcharting package.

5.7.2 The bids MUST include, but are not limited to the following components:

Section 1: Overview of the IIMS and Portal System

Bidders must provide an overview of the proposed solution describing their understanding

of the OAGMOJ’s requirements and how their solution responds to those requirements.

This includes the Technical Approach and Methodology for System Design, Development

and Implementation.

Section 2: Response to Technical Requirements

Bidders must provide a response, in the same order and quoting the same item number

and classification code (e.g. SC1-001 and “M” or “P”) to each requirement so specified in

the Technical Responsiveness Checklist).

Responses to the requirement statements must contain the following information

a) Indicate whether the requirement is being fulfilled (Y/N response). Indicate how is the

requirement is being met including a brief description

b) Provide supporting cross references in the technical bid.

Section 3: Response to Work Plan and Methodology Requirements

Consistent with the requirements heretofore stated, 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 state the Bidder’s assessment of the major

responsibilities of the Purchaser and any other involved third parties in 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

Section 4: Response to Firm Experience and Team Composition Requirements

This document describes the requirements related to the experience of the Bidder or the

companies in the Bidders’ Joint Venture and the experience and qualifications of the

proposed personnel. These requirements can be summarized as follows:

a) Firm Qualifications and Experience

b) Team Qualifications and Experience

The Invitation for Bids and the Bid Data Sheet specify the format of the responses to the

Bidder qualification requirements. They are repeated here:

• Published and audited financial statements for the previous three (3) years.

• Company profile and experience summary, client references for the same version of

the proposed application software, supporting hardware, system software, network,

and communication facilities, and client contact numbers.

• Notarized undertaking of joint and separate liabilities among consortium members.

In order to demonstrate the qualifications and experience of the Bidder’s proposed

personnel, full Curriculum Vitae must be submitted for each person using the format

provided in the sample forms. Information must include all relevant details including

education and training, professional experience, employment history, etc.

5.8 Item-by-Item Commentary on the Technical Requirements

5.8.0 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).

5.8.1 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.

G. TECHNICAL RESPONSIVENESS CHECKLIST

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:

[ insert: abbreviated description of

Requirement ]

[ specify:

Mandatory or

Preferred ]

Bidder’s technical reasons supporting compliance:

Bidder’s cross references to supporting information in Technical Bid:

Tech. Require. No. 2

Technical Requirement:

[ insert: abbreviated description of

Requirement ]

[ specify:

Mandatory or

Preferred ]

Bidder’s technical reasons supporting compliance:

Bidder’s cross references to supporting information in Technical Bid:

H. ATTACHMENTS

Attachment 1. OAGMoJ’s Organizational Structures and ICT Use

OAGMoJ Organizational Structure

The Office of the Attorney General and Ministry of Justice is headed by the Minister for Justice who

is assisted by a Deputy Minister. There is a Ministerial Advisory Board appointed under the Civil

Service Act 1993 (PNDCL 327) to advise the Minister. The Ministry has eight (8) established

Agencies under it, each playing specific legal functions. The agencies are;

i. The Office of the Attorney General,

ii. The Copyright Office,

iii. Council for Law Reporting,

iv. Economic and Organized Crime Office,

v. General Legal Counsel,

vi. Law Reform Commission,

vii. Legal Aid Scheme and

viii. The Registrar General’s Department.

These agencies are fully established institutions with all the administrative structures. They are

however under the supervision and directives of the Ministry of Justice.

Currently OAGMoJ has five (5) main Administrative Directorates that oversee the overall

administration of the institution. These are; the Finance Directorate, General Administration

Directorate, Human Resource Development and Management Directorate, Research, Statistics and

Information Management Directorate, and Policy Planning, Budgets, Monitoring and Evaluation

Directorate (PPBMED). The administrative head of the Ministry is the Chief Director.

The Organizational structure of the Office of the Attorney General and Ministry of Justice

(OAGMoJ) is as represented in the figure below.

Registrar’s

General Dept.

Law Reform

Commission

Council for Law

Reporting

General Legal

Council

Legal Aid

Scheme

EOCO

Minister

Deputy

Minister

Chief

Director

Policy Planning,

Monitoring &

Evaluation

Directorate

Research,

statistics &

Information

Directorate

Human Resource

Devt. & Mgt

Directorate

General

Administration

Directorate

Finance

Directorate

Policy

Planning

Monitoring &

Evaluation

Budget

Information

Mgt

Data Bank

Library

Research

& Stat

HR

Planning

HR Devt.

HR

Performance

Planning

Hr Mgt.

Database

Legal

Training

Institutes

Protocol

Estate

Records

Personnel

Transport

Procurement

Stores

Account

Project

Account

Planning

Resource

Mobilization

Ministerial

Advisory

Board

Internal Audit

Public

Relation

Office of Attorney

General

Copyright

Figu

re: OAGMoJ Organizational Structure

The Office of the Attorney General

The Office of the Attorney General acts as the principal legal adviser to the Government of Ghana.

The Office serves as the Legal Service of the OAGMoJ and has the following mandate:

• To provide legal advice to the Government.

• The initiation and conduct of all prosecutions of criminal offences.

• The initiation and conduct of all civil litigations, for and on behalf of the State.

• Responsible for drafting legislation and vetting of subsidiary legislations of State Institutions.

Within the OAG are 3 main divisions, each focusing on a major functional area of the AG

constitutional mandate;

1) Civil Division;

2) Public Prosecution Division; and

3) Legislative Drafting Divisions.

Each division is made up of a head (Director), groups of attorneys with different ranks (Chief State

Attorneys, Principal State Attorneys, Senior State Attorneys, State Attorneys, and Assistant State

Attorneys), Registrars and Support Staff. The remit of these divisions is summarized in the following

subsections.

Civil Division

The Civil Division of the OAG is essentially responsible for all civil legal matters affecting the

government. The division defends all civil actions that are brought against the government of Ghana.

They are also responsible for initiating all civil actions on behalf of the government to protect the

interest of the government. In addition, the civil division offers general advice to the government on

all civil matters including commercial transactions involving the government, human resources

issues, government regulation and statutory compliance issues.

The civil division is currently headed by the Solicitor-General10 who is the administrative head of the

Legal Service of the OAG. The civil division performs the following functions:

1. Initiates and conducts civil action on behalf of the State.

2. Defends the State in all civil matters initiated against the state

3. Reviews and advises Ministries, Departments and Agencies (MDAs) on Memorandum of

Understanding (MoU), agreements/contracts they intend to enter or are in the process of

executing/ conducting.

4. Conduct Appeals at Court of Appeal and Supreme Courts.

5. Represents the State in negotiations and arbitrations.

6. Proffers legal opinions to MDAs.

7. Serves on the Boards of MDAs.

10 Section 3 (i) of the Legal Service Law 1993 (PNDC 320)

Public (Criminal) Prosecutions Division

The Director of Public Prosecutions (DPP) is the head of the prosecution division, and the Principal

Officer who assists the Attorney-General to perform his Constitutional functions in the area of “the

initiation and conduct of all prosecutions of criminal offences”. He is thus responsible to the

Attorney-General for all criminal prosecutions including prosecutions by the Police and other Public

Prosecutors appointed under Section 56 of the Criminal Procedure Code, 1960 (Act 30). His

Division therefore advises the Police on Criminal law and on their case dockets and exercise general

supervision and control of Criminal Prosecutions by all.

Apart from initiating and conducting criminal prosecutions, the Division argues on behalf of the

Republic before the courts and Tribunals in all criminal appeals and motions. The Division also

assists the Attorney-General in the performance of her constitutional duties as “the principal legal

advisor to the Government” in the area of Criminal law and Criminal Justice.

Legislative Drafting Division

The Legislative Drafting Division (LDD) is responsible for drafting substantive and subsidiary

legislation for the Government. In addition, the Division provides advice to Ministries, Departments

and Agencies of Government on proposed legislation and performs a role similar to that of

Parliamentary Counsel by assisting Parliament in its legislative functions. The Division also works

closely with the Ghana Publishing Company Limited to ensure that legislation prepared by the

Division is published in the Gazette and also made available for consideration by Parliament. The

Division is headed by the Director of Legislative Drafting (DLD). The division plays the following

major roles for the Government:

1. Drafting substantive legislation;

2. Drafting subsidiary legislation;

3. Preparation of Legal Opinion and Advice on Legislative Proposals/ Conducting Legal

Research to provides advice to Government Ministries, Departments and Agencies (MDA) on

proposed legislation;

4. Assisting parliament in its legislative functions;

5. Working closely with the Ghana Publishing Company Limited to ensure that legislation

prepared by the Division is published in the Gazette and also made available for consideration

by Parliament.

In carrying out the major functions, the following specific tasks are carried out in the Division:

1. External/Internal meetings/workshop/project activities;

2. Preparation of Correspondence;

3. Preparation of Cabinet Memorandum for Justice Sector Legislation and treaties;

4. Reviewing/Vetting of Legislation;

5. Proof Reading/ Marking-up of all legislations of enactment passed by Parliament;

6. Attending Parliamentary Committee Meetings;

7. Attending Parliamentary Sittings;

8. Appointment of Marriage Officers;

9. Attending Cabinet Sub-Committee Meetings;

10. Preparation of Gazette Notices of a legal nature;

11. Preparing Reports for;

• International Meetings

• Handing Over Further to Proceeding on Leave or Absence from Office for Official

Duties;

• Quarterly Reports, Meet the Press Report and Handling Over Reports;

• Status of Work Report;

Current OAG Case Load Volumes

Civil Division

In 2016, the Civil Division received 312 cases ranging from land compensation cases,

constitutional issues, human rights, tort etc., initiated against the State. It also reviewed 30

Agreements and 6 Bilateral Agreements, provided 28 legal opinions and advice to MDA’s and

Boards/ Commissions/ Committees.11

Prosecutions Division

In 2016, the Prosecution Division received a total of 755 cases from the police. State Attorneys of the

Division prosecuted 515 cases in various courts in Accra.

Legislative Drafting Division

In 2016, the LDD worked on 23 Substantive Legislation, 20 Legislative Instruments, 148 Executive

Instruments and 7 Constitutional Instruments.

OAG Staffing

The total number of staff (Civil Servants) at OAG is 184. The functional breakdown of the staff is as

follows:

• Chief Director: 1

• Human Resource: 6

• Policy Planning, Monitoring and Evaluation Directorate (PPMED): 3

• Research, Statistics and Information Management Directorate (RSIMD): 14

• Finance and Administration: 150

11 Figures in this section extracted from records of performance for 2016, reported in the Ministry of Justice and Attorney-General’s Department Medium Term Expenditure Framework for 2017-2019

• Accounts Unit: 7

• Internal Audit Unit: 3

The breakdown of the Attorneys per division is as follows:

• Legislative Drafting: 12

• Civil Division: 56

• Prosecution Division: 37

• The total number of Attorneys across all ten (10) regions: 55

• The total number of Administrative Staff across all ten regions: 64

Overall, usage of ICT is very low amongst the staff listed above, and all staff will need to receive

well-coordinated ICT training prior to utilization of the IIMS system.

OAG’s Current Utilization of ICT

OAGMoJ is poorly resourced in terms of ICT, and will require significant support – encompassing

investments in hardware and software, networking, increased ICT staffing and ongoing capacity

development, formulation and adoption of policies and standards, and infrastructure/facilities

upgrades – to successfully implement and benefit from the envisioned IIMS. OAGMoJ current ICT

utilization and readiness are summarized below.

ICT Inventory

Currently, there are 210 OAGMoJ staff who use a computer to perform their daily work-related tasks.

All staff have an official email account, but it is considered unreliable and is rarely used in practice.

Most of these staff bring their own device for use at work – OAGMoJ currently has an inventory of

60 desktop PCs (2GB memory / 500GB storage) procured in 2015, and 10 laptop PCs (4GB memory

/ 500GB storage) procured in the same year.

Peripherals include 17 laser printers (black and white), 5 flatbed scanners, and 1 projector (2500

lumens).

The OAG neither owns nor manages any server hardware.

Network Connections

OAGMoJ main office has a cabled, centrally managed Local Area Network (LAN), with 215 access

points, and a wireless outdoor router. The LAN is connected via Fibre Optic / ADSL leased line to

NITA with a 5Mbps throughput.

Software

PC Operating Systems (OS) in use include Windows XP, 7, 8, and 10. All of these are cracked,

unlicensed versions. Likewise, desktop software in use includes Microsoft Office 2007, 2010, 2013

and 2016 – all of which are cracked, unlicensed versions.

The OAG utilizes no business applications or enterprise software.

There is a rudimentary, standalone Microsoft Access database in use in the OAG Prosecution

Division’s Registry, developed on an ad-hoc basis and hosted on desktop workstations, which is used

for recording incoming cases or correspondence. However, the database cannot be updated with

status of work, and is used only within the Registry in the Head Office.

There are no data standards or policies in place.

Web Presence

OAGMoJ has a website (www.mojagd.gov.gh) which is currently under maintenance (non-

functional). Content (static) includes information about the Ministry, Departments and Agencies,

their functions, profiles of the Minister, Deputies and Directors, etc. There is no interactive or

transactional functionality, and content is rarely updated.

ICT Policy / Standards

OAGMoJ has no formalised ICT policy, standards and guidelines (e.g. employee IT use policy,

Information Security policy, Disaster Recovery policy, etc.).

Infrastructure / Facilities

In addition to the head office in Accra, OAGMoJ has regional offices in Sunyani, Ho, Bolga,

Kumasi, Koforidua, Tamale, Wa, Cape Coast and Sekondi. Of the nine regional offices, only the

Kumasi office has a LAN. Of the remaining regional offices, not all (approximately seventy five

percent) currently have sufficient infrastructure facilities (power supply and resiliency, climate

control, and leakproof roofing) to support endpoint hardware and internet access necessary to utilize

an IIMS.

ICT Human Resources

OAG has an ICT Unit with a total of 3 staff members, responsible for assembling, installing and

repairing all computers and accessories, and troubleshooting all network related issues, across all

Divisions and Departments in the Ministry. ICT staff are currently provided with no funding to

maintain or upgrade skills.

http://www.mojagd.gov.gh/

Departments and Agencies of OAGMoJ

OAGMoJ has 7 other agencies and departments that operate as separate entities and offer specialised

legal services in the justice delivery.

Department/Agency Core Function

1. Registrar-General’s Department

(R-GD)

Undertake the registration of Businesses, Marriages,

protection of Industrial Property Rights and Administration of

Estates

2. Legal Aid Scheme (LAS) Provide free legal services to the indigents and vulnerable and

resolve conflicts through mediation

3. Council for Law Reporting (CLR) Produce and publish Ghana Law Reports and Review of

Ghana Law to strengthen the capacity of lawyers and Judges

4. Law Reform Commission (LRC) Conduct research and make recommendation of reform of the

law in the Country

5. General Legal Council (GLC) Professional Legal education and ensure high standards of

professional conduct of Lawyers

6. Economic and Organized Crime

Office (EOCO)

Prevent and detect organized crime and generally to facilitate

the confiscation of the proceeds of crime.

7. Copyright Office (CO) Implement copyright and copyright related laws and

regulations and provide for copyright administration

Table 1 - Departments and Agencies of OAGMoJ

OAGMOJ Directorates

Within the OAG are five Directorates, which perform administrative duties in support of the Ministry

as a whole. These are:

1) Policy Planning, Budget, Monitoring & Evaluation Directorate (PPBMED)

2) Research, Statistics & Information Management Directorate (RSIMD)

3) Human Resource Development & Management Directorate

4) General Administration Directorate

5) Finance Directorate

Finance and Administration Directorates

General Administration Unit

• The Directorate ensures the approval of personnel policies of the Ministry on employment,

personnel records, training and welfare administration are translated into good management

practices.

• The General Services Unit is responsible for the day-to-day administration of the Ministry

including store keeping, transport, secretarial, records management, security, estates

management and client services.

• The General Administration Directorate provides administrative, managerial, secretarial,

logistical and maintenance services to ensure the attainment of organizational goals.

Finance Unit

• The Accounts Unit ensures effective financial transactions relating to revenue and

expenditure management.

• Prompt processing of payment vouchers and the issue of cheques to Agencies, Contractors

and Suppliers for service provided.

• Responds to Financial Audit observation made by auditors.

• Preparation of monthly and quarterly returns to the Controller & Accountant-General’s

Department and the Ministry of Finance and Economic Planning.

• Assisting in the preparation of the Annual Budget Estimates.

• Preparation of Quarterly Financial Management Reports and Annual Financial Reports.

• Offering financial advice to Management.

• Procurement and Supplies Unit

• Establishing and implementing procurement procedures and guidelines for the Ministry and

its Agencies in line with national and international guidelines.

• Preparing, coordinating and monitoring the annual procurement plan for all services, goods

and works programmes of the Ministry and its agencies.

• Developing standards, rates and cost indicators for all programmes of the Ministry and its

Agencies.

• Establishing and reviewing thresholds for procurement of services, goods and works of the

agencies under the Ministry.

• Reviewing evaluation reports on engagement of consultants, Contractors and suppliers for the

Ministry and its Agencies.

• Facilitating annual procurement audits of all processes and procedures of the Ministry and its

Agencies.

• Organising Ministry’s Entity Tender Committee and Ministerial Tender Review Board

meetings.

The Finance and Administration Directorate has no IT systems of its own, but utilizes the Ghana

Integrated Financial Management Information System (GIFMIS) owned by the Ministry of Finance.

Human Resource Development and Management (HRD&M) Directorate

The Human Resource Development and Management Directorate is responsible for the development

of the Human resource development and management policies, plans and programmes to ensure that

the sector has the right human resource capacity to implement and execute within the sector and its

sub-sector agenda.

The HRD&M Directorate does not currently have any IT systems of its own, but will utilize the

HRMIS currently being developed for the Public Service Commission when it is online.

Research, Statistics and Information Management (RSIM)

The function of the Research, Statistics and Information and Management (RSIM) is to create and

maintain a databank of information on the sector for policy formulation and decision-making through

the collection and analysis of data, research and documentation.

Policy Planning, Budgets, Monitoring and Evaluation Directorate (PPBMED)

This Directorate is responsible for the development of comprehensive and sustainable legal policies,

plans, programmes and resource flow to the sector in collaboration with relevant stakeholders. It

caters for the design, budgeting and application of monitoring and evaluation systems for purposes of

assessing the operational effectiveness of the Ministry, its implementing departments and agencies as

well as the activities of other key stakeholders in meeting the sector’s short, medium and long-term

objectives and targets.

Regional Offices

OAGMOJ functions nationwide, and in addition to the main office in Accra, has regional offices in

all the ten regions. The Regional offices are in Kumasi, Tamale, Bolgatanga, Sunyani, Cape Coast,

Koforidua, Wa, Ho and Sekondi.

The bulk of the work of the Regional Offices consists of criminal prosecutions with a few civil

cases. Principally, the attorneys conduct criminal prosecutions, and advise the Police on Criminal

Law. In addition, they represent the State in civil cases as well as advise Government Departments

on all legal matters. They also assist Regional Tender Boards in their work.

Attachment 2. OAGMoJ Key Operational Functions and Processes

Introduction

The objective of identifying and developing the key business processes of OAGMoJ is to clearly

capture the existing practices and processes based upon which the required processes to be automated

can be established. The exercise also helps to identify the challenges associated with the current

processes and suggest recommended solutions to bring about efficient legal service delivery.

OAGMoJ functions to deliver quality legal services through its agencies in a coordinated and

interrelated manner. The ministry also works with other legal stakeholders, mainly the Ghana Police

Service, the Judicial Service of Ghana, and the Prison Service, as well as external institutions such as

the Immigration Service, the Ministry of Foreign Affairs, and all Ministries, Departments and

Agencies (MDAs) of the government. The Figure below depicts the interaction among the various

actors in the legal service delivery from the perspective of the OAG.

Police

(Investigation)

Police Service

AG Secretariat

Public

Prosecution

Division

Judicial Service

(Registry &

Courts)

Forward

Criminal

History

Forward case

details

Attending

Courts

Public Prosecution

cases

Civil Division

Civil related

cases

MDAs

Proposals and

Case documents

Legislative

Drafting Division

Drafting of

Legislation

Attending Court

Cabinet

Parliament

Approval of

Bill to be laid

In Parliament

Parliamentary

Sittings

General Legal

Council

All Other

Stakeholders

Copyright

EOCO

Law Reporting

Commission

Legal Aid

Scheme

General Legal

Council

Registrar’s

General Dept.

Figure - High Level Interaction among Stakeholders in Legal Service Delivery

While all the OAGMoJ agencies play major legal roles, the key processes that underpin OAGMoJ

responsibilities with regards to supporting AG’s mandate are associated with the process for handling

civil cases, criminal cases, and drafting of legislation. The legal and business processes associated

with all civil, public prosecution, and legal drafting of the OAGMOJ are handled by the OAG

through the 3 divisions. All the other agencies or institutions either provide input or receive output at

some point in the process.

The business processes developed and presented in this study report are a result of informant

interviews and discussions with key staff of the OAG divisions, as well as reviews of a number of

existing documents such as the Standard Operating Procedures (SOPs) of the various divisions and

the other agencies.

Commencement of Business Processes and Workflows

All legal matters under the jurisdiction of OAGMoJ commence at the OAG and are handled by the 3

divisions. Currently, any official activity that is undertaken by any of the divisions firstly passes

through the Attorney-General’s (AG’s) office through the Attorney General’s Secretariat. The task is

then minuted to the appropriate division through the Division’s Registry. Tasks within all the

Divisions are undertaken by groups of Attorney with Group Heads. The Group of Attorneys

especially in the Civil and the Legislative Drafting Division are assigned specific MDAs to handle

their cases or issues. Therefore, when a case or a matter is brought to the Attorney-General’s Office,

the AG assesses it and minutes the issue to the appropriate Division head depending on the

jurisdiction under which the matter falls. The Division Head then minutes the issue to a group head

whose Attorneys are responsible for the MDAs from which the matter is being originated. The group

head then minutes the issues or distributes specific tasks to an Attorney within the group that he/she

oversees at his/her own discretion and according to the abilities of the Attorneys. Any work done by

an Attorney is done under the supervision and direction of the group head. The group head in turn

directly receives instructions from the Division head or the Attorney-General. The Solicitor-General/

Attorney-General can directly assign particular tasks to an Attorney based on the abilities and

expertise required for the task without passing through the Attorney group heads.

All correspondence between the Division and any external party must pass through the AG

secretariat and obtain the approval of AG. (whether a new case/subject or a work in progress

correspondence). This process recognizes the fact that the AG bears the ultimate responsibility for all

legal delivery of the OAGMoJ. In some cases, an external party may submit a duplicate copy of the

document that is being sent to the AG secretariat on a work progress task, to the division’s Registry

(silent copy) in order for the designated Attorney to begin working on it in advance while awaiting

the minuted copy from the AG. This is however informal though a means to speed up task

completion.

Assignment of Work and Workflows

Any work to be done by the OAG first passes through the AG’s secretariat to receive the AG’s

review and instructions. Afterwards, the task or assignment is referred to the appropriate Division

through the Division Registry. At the Division Registry, the Division Head reviews the task and then

passes on with instructions to the appropriate Group Head. The Group Head who is usually of the

rank of Chief State Attorney then assigns the task to one or more lawyers working under the Group

Head for the task to commence. Specific tasks done at the group level are therefore under the direct

supervision of the Group Head. Case or task assignments at the group level is at the discretion of the

Group Head and its often dependent on the complexity of work, level of seniority and competence,

and workload of the tasked lawyer.

It is also noted that, there is frequent and direct interactions between Group Attorney Head and

assigned Attorney where the assigned Attorney presents work in progress or draft report to the

Attorney Group Head for vetting and approval. This is done until the required task is successfully

completed. This is similarly done between the Attorney Group Head and the Division’s Head.

Current Case-Related Information Management Practices

The table on the following page summarizes how case-related information is currently managed in

the Office of the Attorney General.

Civil Public Prosecution Legal Drafting

Case

Classification

Variety of cases, agreements, contracts and

arbitrations. These are not currently grouped under

any standardized categories.

All new cases are received and registered in a Case

Book. A docket with a unique number is created for

it. The cases are classified into the under listed

categories with unique numbering codes;

• Local related cases: D45/SF1/17

• International related cases: ILD/… in the

numbering.

• All legal opinions are recorded separately with

D54 in the numbering

• Notice of Intention to Sue is numbered with D32

in it.

• Petition is numbered with OAG/CDR/… in it.

• All ministries are also assigned codes from D1 to

D32.

• All cases in the regions have files numbered D39

All case dockets received by the

Prosecution Division from various

investigative bodies are filed with

a new docket created. The dockets

are created with a file number in a

sequential manner (Filename.

Number. Year).

• Generally, all dockets created are

numbered with SA. At the

beginning of their numbering.

E.g. filename/SA.1/17.

• Dockets on all Appeal cases have

SB in their numbering. E.g.

filename.SB.1/17

• Dockets on all Extraditions and

Mutual Legal Assistance have

SCR.015 in their numbering. E.g.

SCR.015/.1/17

• Dockets on Petition cases have

OAG/PD139 in it.

• All others new submissions (e.g.

Letters) are classified as Policy

files

All matters that come to the LDD are classified and

filed as either; Bill, Regulations or Miscellaneous.

Each category has different labelling but generically

has a name in the format as: file name/ file number/

date of opening. From IT technical point of view, each

issue brought to the division can be regarded as a case

since each of them goes through processes or stages of

execution but with different documentation and

regulatory requirements.

Category of

cases

• Filing system

Bills • Filename/ LI.1/2017

• Filename/LI.2/2017, etc.

• LI stand for Legislative

Instrument

Regulation • Filename/S.I.1/2017

• Filename/ SI.2/2017

• SI stand for Subsidiary

Instrument

Miscellaneous • any other matters other than

Bill and Regulations are filed as

Miscellaneous

• Filename/PC.1/2017

Tracking of

Cases

Currently, there is no system in place for Tracking

the status of a case. Where such information is

required, especially to compile status report, the

registry calls all Attorneys for update on their cases.

Attorneys are required to brief and update the AG

on the status of work of their cases

Same as seen in Civil Division All cases and correspondence are done manually among

parties. All correspondences are dispatched manual/

physically to the recipients through the Division’s

Registry and the Transport office (if external).

At the registry level, every case/ subject file has at its

front cover, a table that is supposed to capture the status

of work on the case/ subject matter in the file. The

Division’s Registry is required to update this table with

information from the Attorneys. There is also a

movement book that records the whereabouts of a case

file at the Division’s Registry.

Managing

Closed

Cases/ Matters

Case files or Dockets which have been returned to

the Registry are kept in the archives and arranged

chronologically for easy tracing and retrieval. Cases

that have been dealt with to the end have their

docket closed and archived in the Registry.

Case files or Dockets which have

been returned to the Registry are

stored chronologically for easy

tracing and retrieval. Cases that

have been dealt with to the end

have their docket closed and

physically archived in the Registry.

Duplicate case dockets received

from the Investigating body (e.g.

Police) is sent back with a signed

letter that indicates the outcome of

the judgements.

The nature of the legislative drafting produces volumes

of documents on a single legislation until it is finalized.

Hence, a file opened for a particular drafting task

always get full with documents and new ones has to be

opened on the same drafting. This is done until the

drafting is complete. The files are therefore labelled

sequentially as volume 1, 2, 3, …. E.g. Filename/

LI.1/2017/V2 is the second opened file for a drafting

legislation with file number as Filename/ LI.1/2017.

When a legislation drafting is completed, all the

volumes of files are packed into boxes and archived.

Addressing

Confidential

Records

Currently, all records are physically kept in their

respective file in the Division’s Registry. There is

virtually no means of safeguarding any confidential

documents internally. All correspondences are

delivered physically and manually to the respective

recipient. Distribution of electronic versions of

documents is not allowed unless approval is sought

from the AG. The AG’s Secretariat must be notified

of almost all correspondences or issues.

Same as in Civil Division Same as the Civil Division

Table - Summary of Current Case-Related Information Management Practices by OAG Division


Operational Functions & Processes of Civil Division

In its core mandate of initiating and defending civil cases against the government as well as

proffering legal advice to the government of Ghana, the AG interacts with many stakeholders

within and outside government circles. In the civil function of the OAGMOJ, the AG serves

and advises all government ministries, government agencies and government departments.

The AG also initiates court actions on behalf of and defends all court actions for the same

government ministries, agencies and departments. Most of government ministries, agencies

and department have functional legal departments staffed with qualified lawyers. These

lawyers are not employees or part of the set-up of the office of the AG and therefore lack the

legal capacity to initiate or conduct cases on behalf of the ministries, agencies and

departments they work for. However, they serve as an important source of information and

technical expertise for the AGs office in the conduct of its civil functions. In addition to the

legal departments, the technical staff of the ministries, agencies and departments are crucial

sources of information to the AG in the conduct of its civil functions.

Civil Processes

The Civil Division undertakes major functions each of which has basic process steps to

accomplish it. These basic processes share similarities and can broadly be categorized into

two main business processes;

1. Process for Handling Civil Cases on behalf of the State;

2. Process for Other Legal Functions and Correspondence with MDAs.

Business Process for Handling Civil Cases on behalf of the State

This process flow is modelled to cover the functions of-

• Initiating and conducting civil action on behalf of the state,

• Defending the state in all civil matters, and

• Conducting appeal at Court of Appeal and Supreme Court.

As a precondition to this process, an MDA must submit a fact of a case (if Applicants) or the

Writ of Summon and Statement of Claim (if Defendant) to AG for advice and AG finds it to

have a cause for civil action. This process has both internal and external parties;

Internal Parties:

• Attorney-General’s Secretariat; Solicitor-General Office; Attorney Group Heads,

Designated Attorney(s):

External Parties:

▪ All the functions of the Civil division are externally linked to All Ministries,

Departments and Agencies (MDAs) which by law are required to be represented by

the Attorney-General on civil matters.

▪ Other external parties include:

• External Solicitors (in the function of representing the state in negotiation and

arbitration).

• National/ International Agencies that a particular MDA may have dealings with.

• Courts (Trial Courts, Appeal Courts)

• Registry and Registrar of Trial Court

Basic Procedure

1. A Ministry, Department or Agency (MDA) which wants to deal with claims for or

against the State will send the relevant information to the AG (facts of the case if

Applicants, the Writ of Summon and Statement of Claim if the MDA is the

Defendant).

2. The AG minutes the received document to the Solicitor-General for necessary action.

3. The Solicitor-General then minutes the documents to the group head detailed to

handle matters pertaining to the MDA where the particular document is emanating

from. The group head then minutes the said documents to the Attorney he/she deems

capable of handling the matter.

4. The assigned Attorney will take the necessary action to commence the process.

a. issue a Writ of Summons and Statement of Claim if the claim is for the State

(Applicants)

b. file a Statement of Defence if the claim is against the State (Defendant).

5. The assigned Attorney, through the AG sends the received responses from the external

party (either Statement of Claim or the Statement of Defence) to the relevant ministry

for further comments in order to response appropriately. The said letter also asks the

MDA to appoint a Schedule Officer who is well vested with the facts of the case and

with whom the Attorney can communicate with and who will be expected to be in

Court each time the matter is called.

6. The Attorney in consultation with the Scheduled Officer shall determine the number

of witness to be called in the case and proceed to file the Witness Statement for each

of them, in compliance with High Court Civil Procedure Rule, 2004 (C.I. 47) as

amended. The Scheduled Officer is required to provide a list of the witnesses within 7

days on receipt of AG letter of request.

7. A list of documents or motions and pre-trial Checklist or Applications are filed prior

or during the Trial process.

8. At trial, the Attorney represents the AG and the MDA and conducts the trial as such.

9. After all Parties have opened and closed their cases, the Attorney writes a Final

Address and files it within the time given by the Court to do so.

10. Attorney request for a copy of the judgement after the case has been ruled and prepare

a memorandum, stating the outcome.

11. In the event of an Appeal, the Attorney will have to appeal against the Judgement in

the Court of Appeal and if required to do so, in the Supreme Court Business process

for Other Legal Functions and Correspondence with MDAs

This process basically reflects the functions of other legal duties and all correspondence of

civil nature between the AG and the MDAs. Such functions include;

• Reviews and advises MDAs on Memorandum of Understanding (MoU), agreements/

contracts they intend to enter or are in the process of executing/ conducting.

• Represents the State in negotiations and arbitrations.

• Proffers legal opinions to MDAs.

• Serves on the Boards of MDAs.

Basic Procedure

1. MDA submit to the AG the relevant document requiring legal opinion or advise or

any form of engagement. This is received by the AG’s secretariat and brought to the

attention of the AG.

2. The AG assess documents and minutes it to the appropriate Division (in this case the

Solicitor-General).

3. The Solicitor-General also examines the content and minutes to an Attorney (group

head) whose group has been assigned the MDAs to work on.

4. The Attorney group head assigns the task to a member Attorney of the group.

5. The assigned Attorney carries out the work under the supervision of the Attorney

head.

6. Upon completion;

a. the Attorney shall submit a draft of the advice to the group head for vetting.

b. the Attorney after receiving positive feedback from the group head, writes a

memo and forward report of the completed work to the AG for approval.

c. If approval is given, the assigned Attorney forward report of his/her work

(mostly legal opinion) to the relevant MDA with a cover letter signed by the

AG.

Comparing the basic procedures as indicated above for the two processes, it can be observed

that, both are fundamentally distinct with regards to their objective, input and output, and the

documentation requirements. However, the tasks exhibit high similarities in view of the cycle

of completion of tasks. The main difference in the process flow is that, there is no trial in the

case of Offering Legal Advice. A single process flow (map) that reflects the two functional

processes is therefore developed as the Civil Process.

Business Process at Civil Division: Handling Cases and Offering Legal Advise

Tra

ns

po

rt

Off

ice

Gro

up

Att

orn

ey

Me

mb

er

Gro

up

Att

orn

ey

Le

ad

er

Div

isio

n

He

ad

(So

lic

ito

r-

Ge

ne

ral)

Civ

il D

ivis

ion

Re

gis

try

Att

orn

ey

Ge

ne

ral

Se

cre

tari

at

Att

orn

ey

Ge

ne

ral

MD

As/o

the

r

Ex

tern

al

Pa

rtie

s

Internal

External

New

Existing Internal

External

Yes

Other Legal

Functions

Trial Case

No

Receives &

record external

information,

notify the AG

Submit document to

Division head

through Division

Registry

Examine

instructions and

act

recipient

Send case file to

assigned Group

Attorney Head

Receives

correspondence

and act accordingly

Record case/

correspondence in

appropriate book,

create case file with a

case file numberReceives & update

case file, update AG

of outstanding issue Issue

Receives, review

document and

minute instructions

on it

Receives the

minuted

documents

Finalize work report

and submit to MDA

with a cover letter

signed by AG

assess the issue

and minutes

instructions on it

Receives & record

document on

behalf of the

Division, notify

Division head

Submit work

report to AG

for approval

submit relevant

document to

AG

Send update to

the AG through

the AG Registry

Review document/

instructions and instruct

the appropriate Attorney

Files all relevant

applications &

address

correspondence

Receives case

file and act per

instruction

Search for & update

case file, with

incoming document

Carry out task

and consultation

with Group Head

Represent AG

and the MDA in

court during

trial

Update heads and

submit case file to

Division Registry

Send feedback to

MDA/ External

Party though the

Transport Office

Appeal?

After judgment,

request a copy of the

Judgment and

prepare outcome

report

instruction

Nature of

case

Begin

Appeal

process

Storage

Storage

Dispatch documents

and update the


Figure - Civil Division Business Process Map

Operational Functions & Processes of Public Prosecution Division

Although the AG is constitutionally mandated to initiate and prosecute all criminal actions in

Ghana, the criminal justice system transcends the office of the AG. Thus, the AG is

constantly interfacing with the other institutions in the chain of the criminal justice system.

Even though the Ghana Police Service is the foremost institution that the AG deals with in

the prosecution of criminal actions in Ghana, there are also a number of institutions that have

been given investigative authority in the criminal justice system. For instance, the Narcotic

Control Board has the power to arrest and investigate in carrying out its mandate of ensuring

the control of narcotics in Ghana. The Ghana Immigration Service and The Minerals

Commission also have some powers to arrest and investigate offenders in the discharge of

their respective duties under law. Although the actual prosecution may be done by officials of

the AG or their delegated officers under law, the officers of these institutions that have the

power to arrest and investigate end up being the key witnesses and important assessors in the

criminal justice system.

The criminal justice system is triggered when an alleged offense is deemed to have been

committed. It is often the police and other institutions with investigative authority that will

first and foremost conduct investigations into the alleged crime with the hope to build up

evidence to enable the AG conduct successful prosecutions. It is the investigative report/work

that the AG will rely on to embark on prosecutions. The prosecutions are conducted in a court

of law. Before the AG takes the decision to prosecute or not to prosecute, the AG will have to

interface constantly with the police and/or the specialized institutions that conducted the

initial investigations into the offence. The interface may include scheduled stakeholder

meetings and site visits and teleconferences.

When the AG finally makes a decision to prosecute, the charge sheet is filed in the registry of

the appropriate court for prosecution to commence. At various stages of the prosecution, the

AG will require the attendance of the personnel from the police service as well as the

personnel of the specialized institutions that participated in the investigative process. It is

equally important for the AG to communicate with the court as well as the defense counsel at

various stages of the prosecution. Where an accused person has been convicted and sentenced

to a term of imprisonment, it is the prison services that will take custody of the convict and

administer the sentence of the court. The nature of the conviction may be such that there may

be social workers and other ancillary counselors that may participate in the reformation of the

convict. Communication therefore becomes of utmost importance in the value chain of the

criminal justice system in Ghana.

Public Prosecution Processes

The business process for the prosecution functionalities, from IT technical point of view, can

be seen as largely a single process flow but with different documentations and users at

different stages of the case flow. The major stages are:

• Generic Division Process (internal workflow)

• Receiving Investigation Dockets and creating a Case Docket

• Reaching a decision on offences committed

• Handling Activities During Trials (Applications and Court Proceedings)

Relevant Parties and Linkages

Actors Documentation required

Internal

AG and Ministry of Justice Notice of all incoming and outgoing Correspondence

AG Secretariat Linkage between AG and other parties (internal and external)

Civil/Legal Drafting Division Matters related to their jurisdiction

Head, Attorneys and Registrars of PD Notice of all incoming and outgoing correspondence in the

Division

Chief Director and the Transport Office Transportation arrangement for dispatching of documents to

external parties and other errands

External linkages

Police (most frequent engagement) • As investigative body

Prison (frequent engagement) Some prisoners do appeal and the prison officers will have to

linkup with the Ag/Prosecution.

Currently, there is a prison court where some applications are

filed by the prisoners

Judicial Service: Courts’ Registry (most

frequent engagement)

• Bring in motions or processes

• AG send applications to them

• Facilitate court Hearing/ Trials

Others:

• Legal Aid

• Bureau of National Investigation

• NARCOTIC

• Registrar General

• Embassies and Ministry of Foreign

Affairs

• EOCO

• These bodies come in the business process as and when

a case requires their clarification or assistance.

Table - Actors and Information Shared in Prosecution Process

Basic Procedure

The steps below give the major activities in the public prosecution process.

Receiving Investigation Dockets and Creating a Case Docket

1. Dockets (including petitions, police investigation dockets, mutual legal assistance

requests, extradition requests) are received from various investigative agencies, other

bodies and persons into the Prosecution Division after going through the laid down

internal communication procedures (generic workflow).

a. The Prosecution Division Registry records the receipt, open a new case file

(docket) and assign a case number if the case is new.

b. For all applications on an existing case, the Division Registry searches for the

docket of the existing case and update it with the incoming documents.

c. For all new cases or correspondence, the case file or document file is sent to

the Division head for directives. The Division head minutes on the case to a

Group Attorney head who then assign the case to a particular Attorney to

handle.

d. For all existing cases, any application is added to the existing case docket and

sent to the Attorney who is handling the case. The transfer and movement of

dockets internally (generic workflow) is done and recorded in the Dispatch

Book in the Registry and also the Group Leaders Assignment Form.

e. Division Registry also conduct checks to update all their records

Reaching a Decision on Offences Committed

2. The Attorney, upon receiving the case docket,

a. shall study all the issues and documents brought by the investigator to ensure

compliance with the legal requirements and documentation (e.g. statements,

exhibits, summons, warrants, orders, notices, etc.)

b. The Attorney must consider the facts on the docket out of which he will

determine offences committed.

c. Before charges are proffered against an accused person, the Attorney shall

conduct a witness conference of all witnesses listed on the docket. Upon

satisfaction, the Attorney shall proceed to draft charges against the accused

person which shall be submitted to the Attorney’s group leader for vetting.

d. After vetting, the docket is returned to the Attorney with instructions for

further action.

Handling Activities During Trials

3. The trial of an accused person begins with the filing of a charge sheet before court and

ends with the judgment and sentencing of the Court. The Attorney shall handle all

relevant Applications and correspondence on the case

a. The charge sheet is first filed at the appropriate court registry after which a

date shall be fixed for the trial:

i. Attorney prepares a charge sheet and hand it over to the Division’s

Registry for filing. The Registry staff record the charge sheet and the

date it was handed in to be filed at the court registry in a notebook. The

Division Registry assigns an officer to file the charge sheet in the

appropriate court registry and follow up for a date and the court to

which the case has been assigned. The Charge Sheet template below is

completed by the Filling Clerk. A copy of this is given to the Attorney

in charge of the case and a copy to the Registry.

Charge Sheet

Case Title

Date Submitted

Date Filed

Attorney’s Name

Name of Filling Clerk

Court Assigned

Hearing Date

Table 2: Charge Sheet

b. All applications shall follow the above basic steps but with different

documentation requirements.

c. The Division’s Registry filing clerk does the filling of all applications in the

appropriate court.

4. When a date is fixed for trial, the Attorney shall liaise with the Investigator to produce

the accused person before court. Attorneys must ensure that witnesses are adequately

prepared for testimony in court. The Attorney shall report to the group leader after

court proceedings and also update the Division’s Registry.

5. The Attorney shall complete relevant forms and documents for the outcome of the

application and submit the docket to the Registry for custody.

6. The Registry staff return the duplicate docket to the Police with an accompanying

letter signed by the Head of the Division’ Registry, on behalf of the Prosecution

Director, which indicate the outcome of the prosecution.

Business Process at Prosecution Division: Handling Criminal Cases & Correspondence

Attorney

General

Group

Attorney

Member

Group

Attorney

Leader

Division Head

(DPP)

Division

Registrar

Attorney

General

Secretariat

Transport/

Dispatch

Office

Investigative

Bodies

Other

External

Parties

For Division

External

New

ExistingInternal

External

Yes

New Case

existing No

Storage

Receives & record

document on behalf

of the Division,

notify Division head

Receives

correspondence

and act

accordingly

Case

Send case file to

Attorney’s Group

Head

Receives &

record external

information,

notify AG

Liaise with

Investigating body to

prepare charge sheet,

witness conference,

all correpsondenceNature of

case

instruction

Request for AG

approval

(Signature) through

the AG registry

Search for & update

case docket, with

incoming

applications

Prepare and Liaise


Receives

correspondence

and act accordingly

Storage

receives

document and

minutes

instructions on it

Examine

instructions

and act

Receives case

file and act per

instruction

Receives the

minuted

documents

Examine assigned

case and then minutes

to appropriate Attorney

Respond to

feedbacks &

issues

Submit document to

Division head/

Attorney through

Division Registry

Record case, create

case docket with a

case file number

Attend to court

proceedings and

update Registry

File relevant

applications &

address

correspondence

Update Case file

and store

Submit opinion

report to

Attorney’s Group

head for vetting

Study docket to

determine charges

and write opinion

recipient

submit case

dockets/ relevant

documents

Represent AG

and the MDA in

court during trial

Vet document

and opinion on

case

After judgment,

complete relevant

document and

submit Docket to

Registry

Appeal?

Begin

Appeal

process

end

assess the issue

and minutes

instructions on it

Receives

instruction

External

Storage

Act on Division’s

request

Prepare and

Liaise with

Dispatch Office

Dispatch documents

and update the


Figure - Public Prosecution Division Business Process Map

Appeal Process

The appeal process cuts across both criminal and civil divisions in that civil and criminal

cases can both be the subject matter of an appeal. An appeal may emanate from the AG’s

department where the AG may be dissatisfied with a decision of the court in a civil or

criminal case. In the same way, a party to a civil or criminal action dissatisfied with the

decision of the court may appeal the decision of the court. The forum for the appeal will be

dependent on the forum of the decision being appealed against and the provisions of the

Courts Act, 1993 (Act 459).

When the appeal is at the instance of a dissatisfied party who is not the AG, the dissatisfied

party will file a notice of appeal at the registry of the appropriate court. The notice of appeal

is then served by the court registry on the AG through the AG Secretariat. The AG will

minute on the Notice of Appeal to the appropriate division as the case may be. The head of

the division will usually assign it to the Group Head who handled the case at the court of first

instance. The Group Head will in turn assign it to one of the Attorneys in his/her group which

will usually be the same Attorney who handled the case at the court of first instance. In spite

of the normal flow described herein, where the exigencies of the situation demand, the appeal

may be assigned to a different Group Head who will in turn assign to Attorneys working

under him/her. Where the case is assigned to the same Group Head, the Group Head may

assign the case to the same Attorney who handled the case at the court of first instance or

another person in the team or to two or more persons in the team.

There are cases where the Office of the AG itself may appeal a decision because it is

dissatisfied with the decision of the court. Usually, the decision to appeal a case is made by

the Group Head. However, that decision can also be made by the Division Head or the AG.

Depending on the level where the decision to appeal is made, the workflow process is the

same for a specific Attorney or Attorneys to be assigned the case. High profile cases are likely

to capture the attention of the Division Head as well as the AG. Thus, it is more likely for the

Division Head and the AG to follow the processes after judgment. The AG and the Division

Head may therefore override the decision of the Group Head with respect to the appeal

process.

As stated above, the overarching aim of the AG’s Office is to provide quality advice and legal

services to the Government. To be able to do that, the AG’s Office needs a system that is

robust, predictable, efficient and effective to execute its mandate. The administrative setup

and the workflow process of the AG are designed to assist the AG’ Office execute its

mandate. The administrative setup and the workflow involves many steps and depends on the

input and collaboration of state at the AG’s Office and elsewhere to get the system going. The

administrative setup and the workflow can in the same way be a bottleneck and a stumbling

block to the work of the AG’s Office especially as there are many people and entities in the

value chain and the movement of several documents in the process. Therefore, there is the

need to fashion out a process that will allow for the easy flow of work within the AG’s Office

without compromising security, efficiency and effectiveness. To be able to design a system

that will work, it is important to understand what the strengths, weaknesses opportunities and

threats are to the AG’s Office.

Legislative Drafting Processes

The Legislative Drafting Division’s workflow consists of two major processes:

3. Process for Legislation Drafting;

a. Drafting of Substantive Legislation (Acts of Parliament), and;

b. Drafting of Subsidiary Legislation (Regulations, Rules and Instruments)

4. Process for Non-Drafting Functions and General Correspondence Workflow.

The Non-Drafting Functions as indicated above covers such duties as preparation of Legal

opinion and advice on Legislative Proposals, conducting Legal research to provides advice to

MDAs on proposed legislation, and all forms of correspondence. Part of the processes for the

Non-Drafting Functions are embedded in the drafting activities of the Division. It follows the

generic internal workflow of the Office of the Attorney General.

Process for Drafting Legislation

The process of drafting legislation for substantive and subsidiary is similar but vary slightly

by the business rules and the documentations requirements. The major actors and their nature

of interactions are listed in the table below.

List of Actors and Interfaces

Actors Documentation required

Internal Linkages

AG and Ministry of Justice Notice of all incoming and outgoing Correspondence

AG Secretariat Linkage between AG and other parties (internal and

external)

Civil/ Prosecution Division Matters related to their jurisdiction

Division Head, Attorneys and

Registrars of LDD

Notice of all incoming and outgoing correspondence in the

Division

Information sharing among Division head, Group Attorney

Heads an Attorneys

Transport Office Dispatching of documents to external parties and other

errands

Chief Director Transportation arrangement and general administrative

support for OAGMOJ.

External linkages

Sponsoring Ministry (MDA) • Proposals and drafting instructions for legislation,

• Cabinet approved document, and draft Bill with

Explanatory Memorandum and comments (in the case of

Substantive legislation)

Cabinet/ Secretary to Cabinet

(mostly on the situation so • Approval notice for Bill to be laid in Parliament

Substantive Legislation) • Letter of notification to AG following approval of Bill to

be laid in Parliament

Assembly Press • Produce printed proof of Bill and Memorandum in the case

of drafting Substantive legislation.

Ghana Publishing Company

Limited • Publication of Bill in Gazette

Parliament: Parliamentary

Select Committee • Invitation letter for meeting from Chairman of the

Parliamentary Select Committee.

• Proposed amendment submitted to the Clerk of Parliament

and copied the Chairman.

Parliament: Parliamentary

Sittings: • Order Paper indicating date for consideration of Draft Bill

• Mark-up Legislation to reflect proposed amendments by

Parliament, as captured in the Votes and Proceedings of

Parliament

Table - Actors and Information Shared in Drafting Legislation at LDD

The business processes are developed for both Substantive Legislation and Subsidiary

Legislation for easy identification of the commonalities and the peculiarities.

a. Drafting Substantive Legislation

The detail steps in the process of drafting substantive legislation are presented below.

Drafting Stage

1. The sponsoring ministry first, presents a policy document in the form of Cabinet

Memorandum with signed cover letter to Cabinet through the Secretary to the Cabinet

for approval.

2. Upon receipt of approval from Cabinet, the sponsoring Ministry submit to AG,

drafting instructions and the Cabinet approval document of the policy underpinning

the proposed legislation.

3. The draft Bill is then prepared by the Legislative Drafting Division of the AG in close

collaboration with the MDA;

a. Document goes to the AG secretariat first and AG is then notified for advice.

b. AG minutes the document to the head of Legislative Division.

c. The task is assigned to an Attorney’s group head who manages a team of attorneys

responsible for handling matters that originate from the MDAs assigned to them.

d. The Attorney Group Head distributes and coordinates work among the team of

Attorneys under him/ her until the assignment is done.

e. Assigned Attorneys prepare the draft Bill and send to the Team Leader for vetting.

f. Team leader vets the draft legislation and sent to the head of the division who also

vets it and forward to the AG under cover of a signed memorandum through the

Division secretariat. In the case of subsidiary legislation, a stakeholder meeting is

held

g. Following the approval by the AG, the draft Bill together with Explanatory

Memorandum and comments, if any, are forwarded to the MDA with a signed

cover letter by the AG.

h. Upon receipt of the responses to the comments from the respective MDA by the

AG secretariat, the AG minutes and direct the responses to the head of the

division. The process is repeated with frequent interactions between the Assigned

Attorney and Attorney Group Head, and between the Attorney Group Head and

the Division head, until a finalized Bill and Explanatory memorandum on the bill

is produced. This is then submitted to the respective MDA with a signed AG’s

cover letter. In view of the superior’s vetting and review, several versions of the

draft document is produced.

4. The MDA submit the finalize draft bill to Cabinet for approval for the bill to be laid in

parliament.

Parliamentary Stage

5. Upon approval, the Secretary to the Cabinet communicates the approval to AG

through the AG Secretariat.

6. The LDD then prepares for publication of Bill;

a. makes arrangement with Assembly Press for a printed proof of the Bill and its

Explanatory Memorandum.

b. Following the same internal workflows, the LDD proof reads the Bill and the

Memorandum.

c. Assembly Press receives the documents and effect the necessary corrections.

d. LDD subsequently dispatches three copies of the Explanatory Memorandum to

the Minister of the MDA responsible for the Bill for signature and date.

e. Upon receipt of the signed explanatory memorandum from the MDA, the LDD

makes arrangements with the Ghana Publishing Company for the publication

of the Bill in the Gazette for at least fourteen (14) days before the Bill is

introduced in Parliament.

7. The Bill is laid before Parliament by the Sponsoring Minister after observing all legal

regulations. The Bill goes through the parliamentary process of passage into an Act of

parliament and the LDD plays key roles in specific areas:

a. Parliamentary Sittings: Attorneys are informed of the date for consideration of

the Legislation through information in the Order Paper.

b. The most senior Attorney would be required to give a verbal report of the

proceedings in Parliament.

c. The team in charge of the legislation would be required to mark the

Legislation to reflect the proposed amendments by Parliament, as captured in

the Votes and Proceedings of Parliament.

8. The Bill is subsequently assented to by the President and it enters into force after it

has been published in the Gazette in accordance with laid down legal rules.

Below is the business process map illustrating the major process steps in drafting substantive

legislation at LDD. It brings out the various Actors and their major activities as well as the

nature of the interactions among the Actors. It must be noted that, all the activities that have

been indicated as correspondence covers all forms of receipt or submission on a work in

progress case or issue until the matter is brought to an end. Again, there is frequent

interaction and update of cases or documents among the Actors before a matter is brought to

an end.

Business Process at Legislative Drafting Division: Drafting Substantive Legislation

Par

liam

ent

Tra

nsp

ort

Off

ice

Pu

blis

hin

g &

Ass

emb

ly P

ress

Gro

up

Att

orn

ey M

emb

ers

Gro

up

Att

orn

ey

Lea

der

Div

isio

n

Hea

d (

DL

DD

)D

ivis

ion

Reg

istr

yA

tto

rney

Gen

eral

Sec

reta

riat

Att

orn

ey

Gen

eral

Sp

on

sori

ng

Min

istr

y

(MD

A)

Cab

inet

For Division

External

New

Internal

External

Non-Drafting

Functions

Draft

finalized

Storage

Record case,

create case file

with a unique file

number

Submit document to

Division head or

Attorney through

Division Registry

recipient

Examine

instructions

and act

Vet draft Bill, update

Division head or back

to Attorney for

corrections

Storage

Receives case

file and act per

instruction

Update case

file and

store

Receives & record

document on behalf


Division head

Receives &

record

information,

notify AG

submit drafting

instructions &

Cabinet approval

document

Prepare and liaise


Send case file

to Attorney

Group head

Receives &

act per

instructions

Request for AG

approval (sign.)

through the AG

Registry

assess the issue

and minutes

instructions on it

Prepare draft

Bill & send to

Group Head

receives document

and minutes

instructions on it

instruction

Receives

correspondence

and act accordingly

Case

Receives

correspondence

and act accordingly

Search for &

update case file,

with incoming

documents

Examine case

and minutes to

Attorney(s)

nature

Vet draft Bill

and provide

feedback

Dispatch documents

and update


NoDraft

complete?

Cabinet reviews and

approves bill to be

laid in parliament

Seek approval from

Cabinet for bill to be

laid in parliament

Yes

Parliamentary

sittings to

pass Bill

Present Bill in

Parliament

Attend to

Feedbacks

Attend

parliamentary

sittings and

mark legislation

Update Superiors

and send

updated case file

to LDD registry

External

For AG

Action

Assembly Press

provides printed

proof of Bill

drafting

Stage

In progress

Proofread

Bills

1st time

Address issues

and produce

relevant

document

Bill status

Ready for

Proofreading

Bill enter into force

Publishing

Company

gazettes Bill

Receives

printed proof

from Assembly

press

Act on Division’s

request

Prepare and

liaise with

Dispatch Office

Storage

Communicate

notice of approval

to MDA & AG

Existing

Figure - Legislative Drafting Division Business Process Map for Substantive Legislation

b. Drafting of Subsidiary Legislation

The process for drafting subsidiary legislation has the same Actors with similar nature of

interactions. Subsidiary Legislation is procedural in nature and often do not require prior

Cabinet approval before the policy proposals are submitted for drafting to the OAG.

However, subsidiary legislation that have financial implications for the Republic or subsidiary

legislation that are by the nature of their contents likely to result in a policy shift or drastic

change in an existing situation require Cabinet approval and must therefore be submitted for

prior Cabinet approval before drafting begins. Other stakeholders are also invited to be

members of the Committee on Subsidiary Legislation to review the draft bill upon completion

of its preparation.

The major procedures in the drafting of Subsidiary Legislation are indicated below;

1. A Sponsoring ministry (MDA) submit policy proposals to the AG requesting for

drafting of legislation of subsidiary nature. Where the

2. The draft legislation is prepared by the LDD through the internal workflow

mechanisms for task assignment and completion. This is in collaboration with the

sponsoring ministry.

3. On completion of the preparation of the draft legislation, a stakeholder meeting is held

and this includes the members of the Committee on Subsidiary Legislation, relevant

stakeholders and Attorneys of the LDD.

4. Further to the meeting, the draft legislation is revised for approval by the sponsoring

ministry before the legislation is submitted to be laid in Parliament.

5. The draft legislation is published in the Gazette on the day it is laid before Parliament.

The subsidiary legislation comes into force on the expiration of 21 siting days unless

Parliament annuls the legislation by the votes of not less than two-thirds of all the

members of Parliament before the expiration of the 21 sitting days.

6. The Office of Parliament is required to notify the LDD through the AG Secretariat of

the implementation date of the subsidiary legislation. The LDD notifies the Ghana

Publishing Company of the entry into force date on the subsidiary legislation after

which the Ghana Publishing Company is to make copies of the legislation available to

the public.

7. With respect to Executive Instruments, the proposed legislation must be sent to the

AG’s Office together with a cover letter requesting a publication of the proposed

legislation in the Gazette. The proposed legislation is then vetted by the LDD and on

completion forwarded to the Ghana Publishing Company Limited for publication in

the Gazette after all the prescribed publishing fees have been paid by the sponsor of

the legislation.

Below is the business process map (in swimlane) for the drafting of the Subsidiary

Legislation at LDD.

Business Process at Legislative Drafting Division: Drafting Subsidiary LegislationG

rou

p A

tto

rne

y M

em

be

rs

Gro

up

Att

orn

ey

Le

ad

er

Div

isio

n

He

ad

(D

LD

D)

Div

isio

n R

eg

istr

yA

tto

rne

y G

en

era

l

Se

cre

tari

at

Att

orn

ey

Ge

ne

ral

Tra

ns

po

rt

Off

ice

Sp

on

so

rin

g M

inis

try

(MD

A)

Off

ice

of

Pa

rlia

me

nt

Pu

blis

hin

g

Co

mp

an

y

For Division

External

New

Internal

External

Draft

finalized

Storage

No

Yes

External

For AG

In progress

1st time

StorageExisting

Receives

correspondence

and act accordingly

Revise draft

legislation

Update Superiors

and send

updated case file

to LDD registry

Vet draft

Legislatoin

and provide

feedback

submit proposal for

subsidiary legislation

Dispatch documents

and update


Examine case

and minutes to

Attorney(s)

Stage

Receives case

file and act per

instruction

assess the issue

and minutes

instructions on it

Prepare draft

Legislation &

send to Group

Head

Receives notice of

date of entry into

force of legislation

Parliamentary

sittings to

pass Bill

Vets draft Legislation,

update Division head

or back to Attorney for

corrections

Receives &

record

information,

notify AG

Receives & record

document on behalf


Division head

Storage

Receives &

act per

instructions

Submit document to

Division head or

Attorney through

Division Registry

Draft

complete?

Prepare and

liaise with

Dispatch Office

Proposed Legislation

published (Gazetted)

Notify LDD/ AG of

the implementation

date of legislation

Send case file

to Attorney

Group head

Address issues

and produce

relevant

document

Prepare and liaise


recipient

instructionSearch for &

update case file,

with incoming

documents

Attends

parliamentary

sittings

Stakeholder

meeting

Examine

instructions

and act

Act on Division’s

request

Record case,

create case file

with a unique file

number

CaseUpdate case

file and

store

Present draft

legislation in

Parliament

Action

receives document

and minutes

instructions on it

Request for AG

approval (sign.)

through the AG

Registry

Attend to

Feedbacks

Figure - Legislative Drafting Division Business Process Map for Subsidiary Legislation

Attachment 3. IIMS Data Model

The data model for the IIMS reflects the major functionalities of the OAG and is made up

mainly of ‘Entities’ and ‘Relationships’; the Entities comprise of person, place, thing, event

or concept of interest to the OAG about which data is likely to be captured, and the

Relationship component identifies which entities are related and in what manner. For

purposes of commonality and simplicity, any new task or submission brought to the OAG is

regarded as a case. The data model illustrates the core business concepts and the logical data

structures that need to be coordinated between actors of the divisions and other related

agencies. Below are descriptions of the key entities:

Entity Description Case A case consists of any submission to the OAG that needs to be worked on. Each case is uniquely

identified with a case number and has several updates along the case period until end of the case. Items in a case must be labeled with the case identifier.

Party This is any legal or natural person, business or organization involved in any action associated with a case brought to the OAG.

Party Role This is the role of the Party involved in a case such as a lawyer, court officer, a business, government or citizen.

Case Role This is a legal burden (burden of proof, burden of producing evidence (including drafting legislation, etc.) and standard of proof imposed on the party (s) in any case matter.

Criminal charge

The criminal offence indicated in the charges expressed in the charge sheet or in the bill of indictment against an accused by the Prosecutor.

Cause of Action

Legal basis upon which a set of facts or allegations are relied upon to commence an action or make a claim in court.

Courtroom /Parliament

This refers to legally recognized physical or digital space for the adjudication of any matter.

Document Any formal incoming and outgoing document within the OAG operational structures. This includes applications, correspondence and supplementary material.

Event Any action that is associated with a case. E.g. document filing, payment for an application, Attorneys attending court on a case, outcome on a case upon hearing or review, etc.

Docket The physical file in which documents are stored for each unique case. Each docket is uniquely numbered by the suit number.

Grounds Written document that contain the reasons of granting a judgment.

Hearing/ Parliamentary Sitting

This includes any session before a Judicial Officer (in the case of civil or Criminal case, e.g. appearance, mention, trial, chamber matters) or legislation drafting matters before parliament (in the case of legislative drafting).

Jurisdiction Refers to the level of courts within the justice system, e.g. the Supreme Court, the High Court, Circuit or District court.

Law Refers to the Acts, Rules and other governing materials that drive the justice system.

Location Refers to the physical location that houses courtrooms, chambers, registry(s), etc.

Order A formal order by a court including judgments, warrants, sentence.

Outcome The status of a hearing, e.g Adjourned, Order, Dismissal, Withdrawal, Settlement,

Referrals/Transfer to other jurisdiction, Judgment

Recording Digitally record speech or other vocal communication for storage in an electronic format. This may include Orders and Outcome as spoken by the Judicial Officer in the open court as well as case parties during court hearing.

Transcript The printed-out reproduction of the record of proceedings Table - Data Model Entities for the IIMS

The Figure following illustrates the interactive structure of the Relationships among these

entities.


party

File/docket

Case

Case role

1 1

Event

1

Charges /

cause of

Action

1..N

Hearing/

Parliamentary

sitting

1..N

Document

1

1..N

Outcome

1

Exhibit/

Witness

1

Court room/

Parliament

1

Location1..N

Juridiction

Law/

Statutory/

regulatory

1..N

Grounds

1

Party role

1

1..N

1

Operates

within1..N

1..N

1..N

has

1..N

Judgment

1..N

has 1

has

1..N

has

1

has

1..N

has 1

has 1..N

has1

Operates

within

1has

1..N

Event

has

1..N

include

0..N

Occurs

in

1

Results in

1

Results in

1..N

Leads to

1

has

0..N

Located in 1

Figure - Data Model Entity Relationships for OAG Functionalities


Data Elements and Groupings

The summary table below presents the existing record keeping structures at OAGMoJ. These

constitutes the key data elements in developing the system’s Database Schema. Additional

data elements are expected to be identified and included in the development of the master

data scheme to support generation of standard statistical reports and outputs.

Criminal Division Civil Division Legislative Drafting Division

Criminal Dispatch Book

Date dispatched

File Reference

Messenger’s Name

Name of Ministry/ Department

Name and Signature of Officer

Receipt Book

Date on Letter

Date Received

From whom received

Ministry/ Department Reference

Subject

Date Filed and Passed to Action Officer

File Number

Movement Book

Date

File Reference Number

Name of Officer Requesting for File

Details of Request

Case Book

Date

Court

Subject or Case Details

Suit number

File number

Type of Action

Attorney in Charge

Court

court name

court code,

location

region

Jurisdiction

Judge

Name of judge

Position/status

Civil Case Docket Book

suit number

File number

Nature of Offence

Station

Date received

Attorney in charge

General Correspondence

Date on letter

Date received

From whom received

Subject

Administrative Correspondence

(Internal)

Date on letter

Date received

From whom received

Ministry/ Department reference

number

Subject

Date filed and passed to action

officer

File number

Financial Intelligence centre (FIC)

book

Date on Letter

Date received

From whom received


number

Subject


Officer

Court of Appeal Book

Date on letter

Date received

From whom received

Inward Correspondence

Date received for dispatch

To whom received

Date on letter

Subject

File reference


Outward Correspondence

Date received for dispatch

To whom received

Date on letter

Subject

File reference


Dispatch Book

Date dispatched

File reference

Messenger’s Name

Name of Ministry/ Department

Name, date and signature of

receiving Officer

File Book

Name of File

Date opened

Date closed

File number

Hearing date

Hearing session

Name of presiding judge,

name of panel judge1,

name of panel judge2,

Pleading status

Court decision or outcome

Case status

Charge Sheet

case title

suit no

offence

number of count

details of count 1,

details of count 2)

1st accused charge

2nd accused charge

Exhibit

Suit no,

Case title

case type

exhibit code

exhibit name

exhibit brought by,

purpose of exhibit

date of receipt of exhibit

hearing update

suit numb,

case title,

date and time of sitting

court name,

court code,

location,

region

case role type

status of case role type

Name of presiding judge,

name of panel judges

Pleading status

name of exhibit

exhibit number,

exhibit brought by,

purpose of exhibit

Court decision or outcome

Case status

Recording Orders

Suit no,

Ministry/ department reference

number

Subject

Date filed and passed on to

action officer

File number

Motion Book

Date on letter

Date received

From whom received


number

Date to be moved

Subject


officer

File number

Petition

Date on letter

Date received

From whom received


number

Subject


officer

File number

Pardons and Extradition

Date on letter

Date received

From whom received


number

Subject


officer

File number

Judgment

Suit no,

case title

judgment date

court name

judge name

judgment details

Plaintiff judgment status

Respondent judgment status

case title,

hearing date,

hearing session,

court name

judge name

order type,

order number or sequence

order details

action

Posterior events

Table - Data Elements and Groupings

Other Relevant Record Books at AOG (Public Prosecution)

BOOK CODE RECORD

DOCKETS GR/PD/1/18 • Date on letter

• Date received by Registry

• From whom received

• Offence

• Ministry/Dept reference

• Subject

• Date filed and passed to action officer

• File number

MOTIONS & APPEALS / COURT OF APPEAL

GR/PM/1/18 / GR/PCA/1/18

• Date on letter



• Offence

• Ministry/Dept reference

• Date to be moved / hearing date

• Subject


• File number

RE-ASSIGNED (MOTIONS/ APPEALS AND HEARING NOTICES)


• Reference Number

• Subject

• Name and signature of officer

• Date

RE-ASSIGNED (COURT OF APPEAL)


• Reference Number

• Subject

• Name and signature of officer

• Date

PARDON & EXTRADITION GR/PPE/1/18 • Date on letter

• Date received


• Ministry / Dept reference

• Subject


• File number

PETITION GR/PP/1/18 • Date on letter

• Date received



• Subject


• File number

ADMINISTRATION GR/PADM/1/18 • Date on letter

• Date received



• Subject


• File number

GENERAL CORRESPONDENCE

• Date received

• Date on letter


• Reference number

• Subject

• Stamp number

REGISTRY MOVEMENT • Date dispatched

• File reference

• Messenger’s name

• Name of Ministry/ Dept

• Name and signature of officer and date

DISPATCH & POSTINGS (GHANA POLICE / OTHER AGENCIES)

• Date dispatched

• File reference

• Messenger’s name

• Name of Ministry/ Dept

• Name and signature of officer and date

Table - Public Prosecution Record Books

Attachment 4. IIMS Deployment Model Considerations

The IIMS will be deployed as an on-premise solution, utilizing data centre infrastructure

provided by NITA. On-premises solutions are those that are deployed in the traditional

manner, with software that is installed on on-site servers (hardware and facilities owned by

the OAGMoJ).

In a traditional deployment there are two basic options, Distributed and Centralized. A

distributed architecture is one in which application and database servers are installed in some

or all locations and the data and configuration is synchronized continuously or on a preset

schedule. A distributed architecture is not a reasonable option for OAGMoJ because it would

not be viable from a budget perspective to staff the number of IT specialists required to

maintain the System. Therefore, a centralized architecture will be utilized.

In this deployment model all primary and secondary servers and other hardware will be

procured, operating systems and business applications installed, and the solution hosted in

NITA’s data centre. The end-users at the targeted offices will access their respective servers

via a WAN connection to the data centre. There will be no application or database servers at

the regional offices.

This architecture will require a WAN connection that is highly reliable, with a redundant

connectivity link on e.g. WIMAX or 3G Mobile networks. Regional offices in Kumasi and

Tamale for example, would be accessing their data/file information via leased lines or (LTE)

on servers located at the Master Hub in the NITA data centre.

The relative strengths and weaknesses of this deployment model are summarized below.

Strengths

• All primary (master) and secondary (site) servers would be located at the data centre,

thereby making new staffing needs for system administration and maintenance of the

servers not wholly unrealistic.

• Only WAN, LAN and desktop equipment would be needed at each remote site.

• IT support staff needs in regional offices would be reduced to the minimum required

to maintain communications equipment and PCs, thereby saving costs.

• There is a higher (perceived) degree of physical security for the servers and data

because they will all be housed within a GoG data centre.

• There would be a reduced need to implement data replication across WAN

communication lines because all the servers will be located at the data centre. Only

replication between the main data centre and the disaster recovery centre would be

required. This would reduce bandwidth costs and congestion problems.

Weaknesses

• In the event of a WAN communication interruption (i.e. telecom service interruption),

end-users would not be able to access their file servers and will be unable to use the

IIMS facilities or other server-based applications. Since telecommunications

interruptions are not uncommon in Ghana, this disadvantage should be given serious

consideration. Line interruption will prevent remote users from using the system

entirely.

• Without a secondary backup site (i.e. a “hot” site) for the data centre, if a serious

disaster were to befall the main data centre, all data for all locations will be

vulnerable. The data centre and its WAN connectivity would therefore both become

single points of failure for the IIMS solution.

• After the IIMS is deployed, OAGMoJ will have need of a significantly expanded IT

department to provide user support and LAN and desktop maintenance. The only

realistic approach to an on-premise deployment from a human resource availability

perspective is to house the servers in the NITA data centre and utilize NITA network

management services.

Utilisation of NITA Infrastructure and Services

In line with the Government of Ghana’s agenda to make ICT services more efficient and also

for citizens to have access to ICT services 24 by 7, the Ministry of Communications (MoC)

through its ICT implementing arm, the National Information Technology Agency (NITA) has

deployed extensive eGovernment Data Centre and Network Infrastructure, and all MDAs are

now mandated to utilize this infrastructure in new system deployments. The infrastructure

consists of both primary and secondary Data Centres, and Fiber optic and LTE networks

connecting Government offices, hospitals and academic institutions in all the regions.

Below is a summary of the NITA eGovernment Infrastructure and the services offered.

Description of e-Government Infrastructure

The eGovernment Infrastructure consists of the following:

• Primary Data Center (biggest in West Africa)

• Secondary Data Center

• LTE (4G) Network

• Fiber Infrastructure (Metro and Backbone Network)

Data Centres

NITA currently operates two Data Centers, a Primary one in Accra and a Secondary one in

Kumasi.

The Primary Data Centre: is a Tier III 600 rack capacity data centre. The deployment is

phased. Phase I (120 racks) has been complete since June 2015 and is already in operation.

Power: This Tier III Data Center it has two different grid power sources in an active-

active (1+1) configuration with a 5 seconds change over time lapse. This is further

complemented with two 2000KVA backup generators also in an active-active

configuration (1+1). This gives a four step plan power setup (Grid 1 – Grid 2, Generator

1-Generator 2) without the UPS. There is also a UPS system that provides power

whenever there power switching happens between the different power systems. The

UPS is also configured in an active-active (1+1) configuration with a 45 minute backup

power at full load. Every other power system with the power chain in the Data Center

from the High Voltage part to the Low Voltage part is fully 1+1 configuration. This

includes the Transformers, High Voltage Panels, Low Voltage Panels, and PDUs.

Cooling System: The Data Center uses Chilled Water Technology for cooling. This

technology makes use of water for its cooling instead of the traditional air cooling

technology. The architecture of the cooling system as per the Tier III standard is also

fully 1+1 configured. The Pipes, cooling towers, chillers, pumps and cooling

distributing units are all 1+1 configured.

Security: Security is taken seriously and employs a combination of man guards, fencing,

CCTV, access control system (bio and cards) to secure the facility, from perimeter

through to the rack. The racks are accessed with access cards. These different security

interventions are closely knitted and operate together with a comprehensive policy and

standard operating procedure.

The Data Centre also employs a fully automated FM200 firefighting system which is

also deployed in fully 1 + 1 architecture.

Data Center Connectivity: NITA’s Data Centre is a multi-ISP Data Centre. All the

major ISPs and Telco companies are terminated there and provide service to customers.

NITA also provides connectivity (Internet or WAN) to customers as well. This provides

the customer with connectivity options. Cables in and out of the Data Centre go through

two separate routes to ensure redundancy and Intra Data Centre connectivity also has

redundancy built into it all the way to the rack level.

The Secondary Data Center: is located in Kumasi which is about 250km from Accra. The

Kumasi Data Centre is a containerized Performance Optimized Datacentre (POD) solution

with the same Tier III specification as in Accra.

Network

NITA currently runs a network across 120 out of the 216 districts in Ghana. Currently all

regional capitals, metropolitans and municipals are covered including some districts as part of

the 120. This network terminates at the two Datacenters. This network is for the exclusive use

of government agencies around the country. The network is expected to be expanded to reach

all districts in the country.

The network employs fiber (owned and leased) and microwave (owned) technology for its

backbone capacity. For the Access, we employ LTE, Fiber and microwave for the access

network. Some cities have a combination of fiber, LTE and microwave as their access

network whiles others have LTE and microwave as their access network.

This network provides all the network needs (WAN, Internet, etc) of all government agencies

within coverage area of the network.

NITA Services Catalogue

This infrastructure described above is used by NITA to provide a shared communication,

compute and storage platform for the whole of government across the country. This affords

government agencies a secured, robust and reliable infrastructure to support their process

automation and e-governance efforts.

NITA provides a range of IT services and solutions to MDAs and MMDAs across the country

on a fee basis. This provides the opportunity for the MDAs and MMDAs to have access to

this infrastructure in a timely manner and a more sustainable cost management structure.

NITA provides the following services under two major service portfolios as below:

Data Center

• Data Center Collocation

• Cloud Services

o Infrastructure as a Service (IaaS)

o Platform as a Service (PaaS)

o Application as a Service (AaaS)

Network

• Internet Services

• WAN Services

Data Center

The Data Center Services are grouped under two main categories:

A. Rack Collocation: This refers to hosting/co-location of equipment (server, storage,

switches, routers, etc) at the Data Centre. Rack space is provided, with power and

cooling, and clients can manage their infrastructure from a remote location.

B. IT Services / Cloud Services: This includes a number of hosted services from

infrastructure, application, and platform to security and even managed services.

• Infrastructure as a Service: Here infrastructure is provided to MDAs and MMDAs

in NITA’s private cloud for whichever application they want to roll out. This

infrastructure is very flexible, supports thin provisioning and allows increase in

resources in real time without experiencing down time.

NITA provides Virtual Private Servers (VPS) which can free MDAs and MMDAs

from the need to procure their own server hardware as well as concern themselves

with the management and maintenance. This service provides hosted virtual

servers as a service and remote management capability. NITA provides all

management and support services for the infrastructure.

NITA also provides storage and backup infrastructure as a service. This allows

government agencies to buy storage as a service, and backup as a service where

there is an automated backup system and process to backup an MDA or MMDA’s

critical information to the Data Center with a restore service also in place.

All infrastructure comes with customized network services and security services

leveraged on customer’s infrastructure per the customer’s need:

• Platform as a Service: NITA’s infrastructure supports any kind of platform

the customer will like to deploy. OS platforms like Window and Linux (of

different flavors) are supported. We also provide different kind of website

hosting platforms with different CMS supported.

• Application as a Service: NITA is currently hosting and providing the

eWorkspace as a service to MDAs and MMDAs. This is an automation

system of government backend processes online. This includes document

management system, records management system, corresponding

management system, leave and memo management system and all the

different kind of administrative processes that goes on within government.

This platform also has a workflow engine that allows for customization of

the various distinct or unique processes of each MDA or MMDA across

government.

Other services like e-mail as a service, active directory as a service, and anti-

virus as a service are all being provided by NITA.

Network Services

NITA provide two main network services as below

• Internet Services: Internet service is one of the main services being provided from by

NITA at the Government Data Center. There is enough redundancy and resiliency

with this particular service to ensure availability, with MainOne and Vodafone as the

main providers which provide good redundancy with internet services.

• Wide Area Network (WAN) services: NITA provides Wide Area Services to connect

all your remote offices to your head office for Data and Voice services. With our LTE

network, we are able to connect your remote sites to your head office at a data rate of

not less than 10mbps.

As discussed above, for both operational and policy reasons the on-premise deployment

should be hosted at the existing NITA data centre. This will have the added benefit of

reducing upfront costs by the amount necessary to build out an OAGMoJ data centre / server

room – estimated at approximately US$ 1-1,500,000.

System Hardware and Architecture

Provision should be made to procure server hardware(s) for the System. At minimum six (6)

blade or rack mounted servers should be procured:

• Primary active directory server

• Secondary active directory server

• Application server

• Web server

• Mail server and

• Database server

NITA’s infrastructure that would support the IIMS includes: web servers, application servers,

database servers, virtual machines, directory servers, network communication devices,

network security devices, and network storage devices. This environment would include core

system elements listed below to support IIMS:

• Web Server

• Database server

• Authentication servers (primary and secondary)

• Application server

• Web server

• Multiuser operating system

• Virtualization

• Load balancing and fault tolerance

• A robust firewall

Recommended system architecture for the IIMS appears on the following page.


Figure - Conceptual Architecture of IIMS


55

Logical and Physical Deployment Characteristics

Layers and Tiers (Logical Representation)

The term “n-layered” architecture is often confused with the term “n-tiered” architecture.

In most cases an “n-tiered” application is spread across multiple machines with different

functions: a client machine, a web server, an application server, a database server and so

on. Tiers show the physical architecture of the application.

“N-layered” architecture however is a logical view of the application, where code in each

layer has a different type of functionality. An application that maintains “separation of

concerns” and dissects its code into a user interface layer, business layer and a data layer

is a 3-layered application.

There exists a relation between the logical architecture of an application (layers) and its

physical architecture (tiers). An application having N layers can be deployed on a single

machine, two machines, or “N” machines - in other words the number of tiers cannot

exceed the number of layers of an application. This directly relates to the scalability of an

application on multiple computers and with different scenarios.

Figure – N-Layered Architecture

Client Machine running

browser

Database

Presentation Layer

User Interface Layer

Business Layer

Data Access Layer

Data and Storage Management

Up to 3 machines: web server + application servers


56

The more layers an application has, the more complex it becomes. Although layers

increase the complexity of an application, they allow an application to be deployed on

more physical tiers, thus increasing the scalability of an application.

The presentation layer is the browser running on the client machine, while the User

Interface layer contains code responsible for rendering the user interface (screens,

inquires, etc.). The UI layer contains the code behind ASP pages and the UI controls and

widgets.

The business layer contains all business-related code, and business classes are constructed

in this layer to represent business entities - sometimes referred to as “Business Objects”.

All business rules, validations and processes are coded in the business layer.

The data access layer contains code responsible for storing business objects into the data

and storage media.

In a 5-layered logical architecture scenario, it will be possible to configure the deployment

of those layers into two, three, four or five tiers in order to gain variable combinations of

performance, scalability, security and fault tolerance.

One of these combinations that target both security and high scalability opts for the

deployment of the data access layer on a separate application server. This improves

security since the data base access credentials will be only configured on the application

server. Moreover, this architecture also achieves more scalability than the traditional

client-server.

As for the business layer, deploying it on the same application server as the data access

tier will definitely benefit the performance of non-interactive processes such as business

intensive algorithms and/or batch updates. On the other hand, deploying the business layer

on the web server would benefit the performance of interactive processes by providing a

high level of interactivity for the user.

Mobile Business Objects

Since the business layer contains all types of business code, there are advantages and

disadvantages to its deployment location. As mentioned in the previous section, the

business layer contains all business-related code. “Business Objects” contain all the rules

and validations that guarantee the validity of user input. Moreover, they contain the code

that performs all the post-saving business intensive algorithms that should be handled.

The concept of sharing the business object between the UI and data access tier relies on

the concept of “Mobile business objects” and depends on moving the business objects

from the web server tier to the application server tier and is implemented via distributed

business objects framework (DBOF). This particular concept is the core service provided

by the distributed business object framework (DBOF) provided by a COTS System

Integrator (SI).


57

The best option for the IIMS would be to centralize all the business code into one layer

and deploy it on both the UI and middle tiers (both web and application servers) and

move the business object between the two tiers according to the nature of the process.

IIMS Physical Deployment

The web server tier will host the user interface and business layers of the IIMS. The data

entry screens and reports of IIMS modules will be deployed on the web server tier. The

business layer is deployed on the web server for the purpose of applying business

validations. Once the business object is completely validated, it will be moved to the

application server tier for further processing.

The application server tier will host the business layer and the data access layer. In order

to enhance performance, it is preferable to handle batch and non-user interactive business

processing near the data base. Hence processing of this kind will be handled by the

business layer deployed on the application server tier. After a “Mobile Business Object” is

received and processed by the business layer, the data access layer is responsible for

storing it on the data base and storing its attached unstructured content on the Document

Management System Database.

Figure – On-Premise IIMS Physical Architecture Concept

LAN, PCs and Peripheral Equipment

The system will require LANs to be installed and configured in all regional offices, and

connected to the NITA LTE backbone to provide a Wide Area Network (WAN).


58

The determining factor or constraint on the installation and configuration of LANs in the

regional offices will be the availability of infrastructure facilities (power supply and

resiliency, climate control, and leak-proof roofing), to house switches, routers and other

Customer Premises Equipment (CPE).

For directory services, nine (9) workstations should be procured for the regional offices to

to serve as read only active directory servers for local authentication, so as not to clog the

network with authentication traffic.

Recommended LAN architecture appears in the graphic below.

Figure 1 - Regional Offices LAN Architecture

The minimum set of capabilities that must be supported by selected devices is provided in

the following table:

Requirements Explanation

Support 24 Gigabit Ethernet

(1000 Base-T) ports

The selected device for each site must have enough density to connect

all devices in the DMZ mentioned in this design, and should be able to

accommodate future growth.


59

Requirements Explanation

Support basic protection against

IP address and ARP spoofing

attacks

The selected devices must have protection from basic attacks against

common weaknesses in TCP/IP protocol.

Support encrypted channel for

device management

The device must support the use of secure protocols (SSHv2) for device

management.

Support centralized policy

management for access control

and auditing

The device must support the use standard protocols (TACACS + and

RADIUS) for granular access control policy and auditing.

Support high-availability option The device must support an active/standby high-availability

configuration.

Support centralized event

monitoring and alerting

The device must support the use standard protocols (SNMPv3) for

centralized event monitoring and alerting

Table 3 - LAN Requirements

In addition to LAN equipment, the following PCs and peripherals will be needed:

• Desktops --188

• Laptops -- 65

• Laser Jet Printers (Commercial) -- 55

• Photocopier (Commercial) – 55

• Scanners (Commercial) -- 25

61

SECTION VII. SAMPLE FORMS

Section VII. Sample Forms 62

62

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 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


63

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 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)


64

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.


65

Table of Sample Forms

1. Bid Submission Form (Single-Stage Bidding) ................................................................67

2. Price Schedule Forms .......................................................................................................71

2.1 Preamble ...................................................................................................................72

2.2 Grand Summary Cost Table ......................................................................................74

2.3 Supply and Installation Cost Summary Table ...........................................................75

2.4 Recurrent Cost Summary Table ................................................................................78

2.5 Supply and Installation Cost Sub-Table [ insert: identifying number ]..................79

2.6 Recurrent Cost Sub-Table [ insert: identifying number ] .......................................83

2.7 Country of Origin Code Table ..................................................................................85

3. Other Bid Forms and Lists ...............................................................................................86

3.1 Manufacturer’s Authorization ...................................................................................87

3.2 List of Proposed Subcontractors ...............................................................................88

3.3 Software List .............................................................................................................89

3.4 List of Custom Materials ..........................................................................................90

3.5.1 General Information Form ........................................................................................91

3.5.2 General Information Systems Experience Record ....................................................92

3.5.2a Joint Venture Summary ..........................................................................................93

3.5.3 Particular Information Systems Experience Record .................................................94

3.5.3a Details of Contracts of Similar Nature and Complexity ........................................95

3.5.4 Summary Sheet: Current Contract Commitments / Work in Progress ....................96

3.5.5 Financial Capabilities ................................................................................................97

3.5.6 Personnel Capabilities ...............................................................................................99

3.5.6a Candidate Summary .............................................................................................100

3.5.7 Technical Capabilities .............................................................................................101

3.5.8 Litigation History ....................................................................................................102

4. Bid-Securing Declaration ...............................................................................................103

4A. Bid Security (Bank Guarantee) .................................... Error! Bookmark not defined.

4B. Bid Security (Bid Bond) ................................................. Error! Bookmark not defined.

5. Contract Agreement .......................................................................................................105

Appendix 1. Supplier’s Representative ...........................................................................109

Appendix 2. Adjudicator .................................................................................................110

Appendix 3. List of Approved Subcontractors ...............................................................111

Appendix 4. Categories of Software ...............................................................................112

Appendix 5. Custom Materials .......................................................................................113

Appendix 6. Revised Price Schedules ............................................................................114

Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to Contract

Amendments ...........................................................................................................115

6. Performance and Advance Payment Security Forms ..................................................116


66

6.1 Performance Security Form (Bank Guarantee) .......................................................117

6.2 Advance Payment Security Form (Bank Guarantee) ..............................................118

7. Installation and Acceptance Certificates ......................................................................119

7.1 Installation Certificate .............................................................................................120

7.2 Operational Acceptance Certificate ........................................................................121

8. Change Order Procedures and Forms ..........................................................................122

8.1 Request for Change Proposal Form ........................................................................123

8.2 Change Estimate Proposal Form .............................................................................125

8.3 Estimate Acceptance Form .....................................................................................127

8.4 Change Proposal Form ............................................................................................129

8.5 Change Order Form ................................................................................................131

8.6 Application for Change Proposal Form ..................................................................133


67

1. BID SUBMISSION FORM (SINGLE-STAGE BIDDING)

Date: [ Bidder insert: date of bid ]

Loan/Credit No.: [ Purchaser insert: number ]

IFB: [ Purchaser insert: IFB title and number ]

Contract: [ Purchaser insert: name of Contract ]

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 ])

plus [ insert: amount of foreign

currency A in words ]

([ insert: amount of foreign

currency A in figures from

corresponding Grand Total entry of

the Grand Summary Cost Table ])

[ as appropriate, add the following ]


currency B in words ]


currency B in figures from




currency C in words ]


currency C in figures from



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.


68

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.

[ As appropriate, include or delete the following paragraph ]

“We accept the appointment of [ Purchaser insert: name of proposed

Adjudicator from the Bid Data Sheet ] as the Adjudicator.”

[ and delete the following paragraph, or, as appropriate, delete the above

and include the following, or, if no Adjudicator is stated in the Bid Data

Sheet, delete both the above and the following ]

“We do not accept the appointment of [ Purchaser insert: name of proposed

Adjudicator from the Bid Data Sheet ] as the Adjudicator, and we propose instead that

[ insert: name ] be appointed as Adjudicator, whose résumé and hourly fees are

attached.”

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 [ Purchaser insert: number from Bid Data Sheet ] days from the date fixed for

submission of bids as stipulated in the Bidding Documents, 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

Amount and

Currency

Purpose of

Commission or

Gratuity

Etc. [if none, state: “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:


69

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 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)

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]


70

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 present: y/n page no.

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 ....................................................................

..........................................................................................


71

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.


72

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. 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 two-


73

stage SBD), no more than three foreign currencies may be used. The price of an

item should be unique regardless of installation site.


74

2.2 Grand Summary Cost Table

[ insert: Local

Currency ]

Price

[ insert: Foreign

Currency A ]

Price

[ insert: Foreign

Currency B ]

Price

[ insert: Foreign

Currency C ]

Price

1. Supply and Installation Costs (from

Supply and Installation Cost Summary

Table)

2. Recurrent Costs (from Recurrent Cost

Summary Table)

3. Grand Totals (to Bid Submission Form)

Name of Bidder:

Authorized Signature of Bidder:


75

2.3 Supply and Installation Cost Summary Table

System or Subsystem number: [ if a multi-lot procurement, insert: Subsystem number; otherwise state “entire System

procurement” ] [ as necessary for supply, installation, and achieving Operational Acceptance of the System, specify items in the

Table below, modifying, deleting, or expanding the sample line items and sample table entries as needed. ]

Costs MUST reflect prices and rates quoted in accordance with ITB Clauses 14 and 15 (ITB Clauses 27 and 28 in the two-stage SBD).

Supply & Installation Prices

Locally

supplied

items

Items supplied from outside the Purchaser’s Country

Line

Item

No.

Subsystem / Item

Supply and

Installation

Cost Sub-

Table No.

[ insert:

Local

Currency ]

Price

[ insert:

Local

Currency ]

Price

[ insert:

Foreign

Currency A]

Price

[ insert:

Foreign

Currency B]

Price

[ insert:

Foreign

Currency C]

Price

0 Project Plan - - - - - - - - - - - -

1 Headquarters Subsystem 1

1.1 Hardware, LAN & General-Purpose

Software

1

1.2 Database System 1

1.3 Training 1

2 Region 1 Branch Offices Subsystems 2


76


Locally

supplied

items


Line

Item

No.

Subsystem / Item

Supply and

Installation

Cost Sub-

Table No.

[ insert:

Local

Currency ]

Price

[ insert:

Local

Currency ]

Price

[ insert:

Foreign

Currency A]

Price

[ insert:

Foreign

Currency B]

Price

[ insert:

Foreign

Currency C]

Price

2.1 Hardware, LAN & General-Purpose

Software

2

2.2 Training 2

j Region J Branch Offices Subsystems j

j.1 Hardware, LAN & General-Purpose

Software

“

j.2 Subsystem Design and Programming

Services

j.3 Training “

:

k WAN and integrated database access

Subsystems

k

k.1 WAN “

k.2 Database Access Software “

k.3 Training “


77


Locally

supplied

items


Line

Item

No.

Subsystem / Item

Supply and

Installation

Cost Sub-

Table No.

[ insert:

Local

Currency ]

Price

[ insert:

Local

Currency ]

Price

[ insert:

Foreign

Currency A]

Price

[ insert:

Foreign

Currency B]

Price

[ insert:

Foreign

Currency C]

Price

:

m Data Conversion Service m

SUBTOTALS

TOTAL (To Grand Summary Table)

Note: - - indicates not applicable. “ indicates repetition of table entry above. Refer to the relevant Supply and Installation Cost Sub-Table

for the specific components that constitute each Subsystem or line item in this summary table

Name of Bidder:



78

2.4 Recurrent Cost Summary Table

System or Subsystem number: [ if a multi-lot procurement, insert: Subsystem number, otherwise state “entire System

procurement” ] [ as necessary for the operation of the System, specify items in the Table below, modifying the sample line items and

sample table entries as needed. ]


Line

Item

No.

Subsystem / Item

Recurrent

Cost Sub-

Table No.

[ insert:

Local

Currency ]

Price

[ insert:

Foreign

Currency A ]

Price

[ insert:

Foreign

Currency B ]

Price

[ insert:

Foreign

Currency C ]

Price

z Recurrent Cost Items

z.1 Headquarters Recurrent Cost

Items

n.1

z.2 Region 1 Recurrent Cost

Items

n.2

Subtotals (to Grand Summary Table)

Note: Refer to the relevant Recurrent Cost Sub-Tables for the specific components that constitute the Subsystem or line item in this

summary table.

Name of Bidder:



79

2.5 Supply and Installation Cost Sub-Table [ insert: identifying number ]

System or Subsystem number: [ if a multi-lot procurement, insert: Subsystem number; otherwise state “entire System procurement” ]

Line item number: [ specify: relevant line item number from the Supply and Installation Cost Summary Table (e.g., 1.1) ]

[ as necessary for supply, installation, and achieving Operational Acceptance of the System, specify: the detailed components and

quantities in the Sub-Table below for the line item specified above, modifying the sample components and sample table entries as

needed. Repeat the Sub-Table as needed to cover each and every line item in the Supply and Installation Cost Summary Table that

requires elaboration. ]

Prices, rates, and subtotals MUST be quoted in accordance with ITB Clauses 14 and 15 (ITB Clauses 27 and 28 in the two-stage

SBD). Unit prices for the same item appearing several times in the table must be identical in amount and currency.

Unit Prices / Rates Total Prices

Supplied

Locally

Supplied from outside the Purchaser’s

Country

Supplied

Locally

Supplied from outside the Purchaser’s Country

Compo-

nent

No.

Component

Description

Country

of Origin

Code

Quan-

tity [ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert

foreign

currency

B ]

[ insert:

foreign

currency

C ]

[ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert:

foreign

currency

B ]

[ insert:

foreign

currency

C ]

1.1 Hardware –

Finance

Department

- - - - - - - - - - - - - -

1.1.1 Supply of

Advanced

workstations

4

1.1.2 Standard

Workstations

12

1.1.3 High-speed

Laser Printer

1


80


Supplied

Locally


Country

Supplied

Locally


Compo-

nent

No.

Component

Description

Country

of Origin

Code

Quan-

tity [ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert

foreign

currency

B ]

[ insert:

foreign

currency

C ]

[ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert:

foreign

currency

B ]

[ insert:

foreign

currency

C ]

1.1.4 Standard-

speed Laser

Printer

3

1.1.5 Continuous-

feed Printer

3

1.1.6 Design and

Programming

Services

related to

Financial

Report

:1.1.7 Local

transport and

insurance

2. LAN -

Headquarters

- - - - - - - - - - - -

2.1 Supply of

Wiring Closet

Hardware

- - - - - - - - - - - -

2.1.1 Hubs 7


81


Supplied

Locally


Country

Supplied

Locally


Compo-

nent

No.

Component

Description

Country

of Origin

Code

Quan-

tity [ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert

foreign

currency

B ]

[ insert:

foreign

currency

C ]

[ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert:

foreign

currency

B ]

[ insert:

foreign

currency

C ]

2.1.2 Punch-down

panel

7

2.1.3 Uninterrupted

Power Supply

(small)

7

2.1.4 Lockable

Equipment

Rack

7

:

2.2 In-Building

Wiring

- - - - - - - - - - - -

2.2.1 Server Room - - - - - - - - - - - -

2.2.1.1 Dedicated

Telephone

Lines (data)

2 nodes

2.2.2 Backbone and

Risers (Fiber

optic)

28

nodes

2.2.3 Departmental

Wiring

- - - - - - - - - - - -


82


Supplied

Locally


Country

Supplied

Locally


Compo-

nent

No.

Component

Description

Country

of Origin

Code

Quan-

tity [ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert

foreign

currency

B ]

[ insert:

foreign

currency

C ]

[ insert:

local

currency]

[ insert:

local

currency]

[ insert:

foreign

currency

A ]

[ insert:

foreign

currency

B ]

[ insert:

foreign

currency

C ]

2.2.3.1

Finance

Department

40

nodes

2.3 In-Building

Wiring

(Goods)

- - - - - - - - - - - -

2.4 Local

transport and

insurance for

Region 1 sites

3. Supply of

General-

Purpose

Software

- - - - - - - - - - - - - -

Subtotals (to [ insert: line item ] of Supply and Installation Cost Summary Table)

Note: - - indicates not applicable.

Name of Bidder:



83

2.6 Recurrent Cost Sub-Table [ insert: identifying number ]

Lot number: [ if a multi-lot procurement, insert: lot number, otherwise state “single lot procurement” ]

Line item number: [ specify: relevant line item number from the Recurrent Cost Summary Table (e.g., z.1) ]

Currency: [ specify: the currency of the Recurrent Costs in which the costs expressed in this Sub-Table are expressed ]

[ as necessary for operation of the System, specify: the detailed components and quantities in the Sub-Table below for the line item

specified above, modifying the sample components and sample table entries as needed. Repeat the Sub-Table as needed to cover

each and every line item in the Recurrent Cost Summary Table that requires elaboration. ]


Unit prices for the same item appearing several times in the table must be identical in amount and currency.

Maximum all-inclusive costs (for costs in [ insert: currency ])

Component

No.

Component

Y1

Y2

Y3

Y4

...

Yn

Sub-total for [ insert:

currency ]

1. Hardware Maintenance Incl. in

Warranty

Incl. in

Warranty

Incl. in

Warranty

2. Software Licenses & Updates Incl. in

Warranty

2.1 System and General-

Purpose Software

Incl. in

Warranty

2.2 Application, Standard and

Custom Software

Incl. in

Warranty

3. Technical Services

3.1 Sr. Systems Analyst

3.2 Sr. Programmer


84

Maximum all-inclusive costs (for costs in [ insert: currency ])

Component

No.

Component

Y1

Y2

Y3

Y4

...

Yn

Sub-total for [ insert:

currency ]

3.3 Sr. Network Specialist,

….. etc.

4. Telecommunications costs [to

be detailed]

5. [Identify other recurrent costs

as may apply]

Annual Subtotals: - -

Cumulative Subtotal (to [ insert: currency ] entry for [ insert: line item ] in the Recurrent Cost Summary Table)

Name of Bidder:



85

2.7 Country of Origin Code Table

Country of Origin Country

Code

Country of Origin Country Code Country of Origin Country

Code


86

3. OTHER BID FORMS AND LISTS


87

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.


88

3.2 List of Proposed Subcontractors

Item Proposed Subcontractor Place of Registration &

Qualifications


89

3.3 Software List

(select one per item) (select one per item)

Software Item

System

Software

General-

Purpose

Software

Application

Software

Standard

Software

Custom

Software


90

3.4 List of Custom Materials

Custom Materials


91

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.


92

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


93

3.5.2a 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 Form

3.5.2

page no.

Year 1 Year 2 Year 3 Year 4 Year 5

1. Partner

in charge

2. Partner

3. Partner

4. Partner

5. Partner

6. Etc.

Totals


94

3.5.3 Particular Information Systems Experience Record


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.


95

3.5.3a Details of Contracts of Similar Nature and Complexity


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 Currency Currency

7. Equivalent amount US$

Total contract: $_______; Subcontract: $_______; Partner share: $_______;

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.


96

3.5.4 Summary Sheet: Current Contract Commitments / Work in

Progress


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 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)

1.

2.

3.

4.

5.

etc.


97

3.5.5 Financial Capabilities


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:

Previous five years

Projected:

Next two years

5 4 3 2 1 1 2

1. Total assets

2. Current assets

3. Total

liabilities

4. Current

liabilities

5. Profits before

taxes

6. Profits after

taxes


98

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,


99

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











100

3.5.6a Candidate Summary

Name of Bidder

Position

Candidate

Prime Alternate

Candidate

information

Name of candidate 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


101

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.


102

3.5.8 Litigation History


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

or AGAINST

Bidder

Name of client, cause of litigation, and matter in

dispute

Disputed amount

(current value, US$

equivalent)


103

4. BID-SECURING DECLARATION

IFB: [insert: title and number of IFB]

To: [insert: name and address of Purchaser]

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)]

[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".]


104


105

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 ]


106

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.

Contract Price

and Terms of

Payment

2.1 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,


107

in accordance with GCC Clause 12;

(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.

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.

Article 4.

Appendixes

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

Appendix 1. Supplier’s Representative

Appendix 2. Adjudicator [if there is no Adjudicator, state “not applicable”]

Appendix 3. List of Approved Subcontractors

Appendix 4. Categories of Software

Appendix 5. Custom Materials

Appendix 6. Revised Price Schedules (if any)

Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to Contract

Amendments


108

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”


109

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. ]


110

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.


111

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


112

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) (select one per item)

Software Item

System

Software

General-

Purpose

Software

Application

Software

Standard

Software

Custom

Software


113

Appendix 5. Custom Materials

The follow table specifies the Custom Materials the Supplier will provide under the Contract.

Custom Materials


114

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).


115

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).


116

6. PERFORMANCE AND ADVANCE PAYMENT SECURITY FORMS


117

6.1 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)12 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.


118

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.: [insert: Advance Payment 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, 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.


119

7. INSTALLATION AND ACCEPTANCE CERTIFICATES


120

7.1 Installation Certificate

Date: [ insert: date ]

Loan/Credit Number: [ insert: loan or credit number from IFB ]

IFB: [ insert: title and number of IFB ]

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.


Signed:

Date:

in the capacity of: [ state: “Project Manager” or state the title of a higher level authority

in the Purchaser’s organization ]


121

7.2 Operational Acceptance Certificate




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): [ insert:

description ]

2. 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.


Signed:

Date:

in the capacity of: [ state: “Project Manager” or higher level authority in the Purchaser’s

organization ]


122

8. CHANGE ORDER PROCEDURES AND FORMS




Contract: [ insert: name or System or Subsystem and


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) Request for Change Proposals (including Application for Change Proposals) shall

be serially numbered CR-nnn.

(2) Change Estimate Proposals shall be numbered CN-nnn.

(3) Estimate Acceptances shall be numbered CA-nnn.

(4) Change Proposals shall be numbered CP-nnn.

(5) Change Orders shall be numbered CO-nnn.

On all forms, the numbering shall be determined by the original CR-nnn.

Annexes

8.1 Request for Change Proposal Form

8.2 Change Estimate Proposal Form

8.3 Estimate Acceptance Form

8.4 Change Proposal Form

8.5 Change Order Form

8.6 Application for Change Proposal Form


123

8.1 Request for Change Proposal Form

(Purchaser’s Letterhead)




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:


124

Document or Drawing No. Description

7. Detailed conditions or special requirements of the requested Change: [ insert:

description ]

8. Procedures to be followed:

(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.

9. 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.


Signed:

Date:


organization ]


125

8.2 Change Estimate Proposal Form

(Supplier’s Letterhead)






To: [ insert: name of Purchaser and address ]


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.


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]


126

6. 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.


Signed:

Date:

in the capacity of: [ state: “Supplier’s Representative” or other higher level authority in

the Supplier’s organization ]


127

8.3 Estimate Acceptance Form









Dear Sir or Madam:

We hereby accept your Change Estimate and agree that you should proceed with the

preparation of a formal Change Proposal.


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 ]


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 amount


128

estimated for this purpose in the Change Estimate Proposal, in accordance with GCC

Clause 39 of the General Conditions of Contract.


Signed:

Date:


organization ]


129

8.4 Change Proposal Form









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]


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:


130

Document or Drawing No. Description

8. 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.


Signed:

Date:

in the capacity of: [ state: “Supplier’s Representative” or other higher level authority in

the Supplier’s organization ]


131

8.5 Change Order Form









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.


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 ]


132

[ 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 ]


Signed:

Date:


organization ]


Signed:

Date:

in the capacity of: [ state “Supplier’s Representative” or higher level authority in the

Supplier’s organization ]


133

8.6 Application for Change Proposal Form









Dear Sir or Madam:

We hereby propose that the below-mentioned work be treated as a Change to the

System.


2. Application for Change Proposal No./Rev.: [ insert: number / revision] dated:

[ insert: date ]


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 ]


134

8. Appendix: [ insert: titles (if any); otherwise state “none” ]


Signed:

Date:

in the capacity of: [ state: “Supplier’s Representative” or higher level authority in the

Supplier’s organization ]