sultanate of oman oman telecommunications company (saog) · acquaint and satisfy himself with: (a)...

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SULTANATE OF OMAN OMAN TELECOMMUNICATIONS COMPANY (SAOG)

VOLUME 1

PRIME DOCUMENT

TENDER DOCUMENT FOR

DESIGN, SUPPLY & INSTALLATION OF TELECOM TOWER WITH ALLIED CIVIL & ELECTRO-MECHANICAL WORKS AT MAHOOT & AL

ASHKARA EXCHANGES IN THE SULTANATE OF OMAN

TENDER_1225

_

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TABLE OF CONTENTS

CONTENTS

1.0 INVITATION TO TENDER ..................................................................................................................... 3

2.1 INTRODUCTION......................................................................................................................................... 5 2.1.1 The Works ...................................................................................................................................... 5 2.1.2 Eligibility ....................................................................................................................................... 5

2.2 COST OF TENDERING ................................................................................................................................ 5 2.3 PREPARATION OF TENDERS ....................................................................................................................... 6

2.3.1 Acquaintance & Clarification of the Tender Documents ................................................................. 6 2.3.2 Discrepancies, Doubts and Obscurities .......................................................................................... 6 2.3.3 Risks .............................................................................................................................................. 6

2.4.1 COMPLIANCE WITH TECHNICAL SPECIFICATIONS ................................................................................... 7 2.5 AMENDMENTS TO THE TENDER DOCUMENTS ............................................................................................. 7

2.5.1 Addenda and Circular Letters ........................................................................................................ 7 2.6 NO ALTERATIONS / NO DEVIATIONS .......................................................................................................... 7 2.7 LANGUAGE OF THE TENDER ...................................................................................................................... 8 2.8 GOVERNING LAWS .................................................................................................................................... 8 2.9 DOCUMENTS ACCOMPANYING THE TENDER ............................................................................................... 8 2.10.1 COMPLETION OF TENDER DOCUMENTS ........................................................................................... 10 2.11 TENDER PRICES ................................................................................................................................. 10 2.12 TENDER BOND – NOT REQUIRED......................................................................................................... 13 2.13 FORMAT AND SIGNING OF TENDER ...................................................................................................... 14 2.13 SUBMISSION OF TENDERS ................................................................................................................... 14 2.15 VALIDITY OF TENDER......................................................................................................................... 15 2.18 AWARD OF CONTRACT ....................................................................................................................... 15 2.19 ETHICAL PRACTICES .......................................................................................................................... 16 2.20 TRADE NAMES, MANUFACTURER’S NAMES AND MODEL NUMBERS....................................................... 17 2.21 NATIONAL AND INTERNATIONAL STANDARDS, .................................................................................... 17 2.22 INSURANCE ........................................................................................................................................ 17 2.23 LANGUAGE OF CONTRACT .................................................................................................................. 17 2.24 COMPLIANCE WITH LABOUR REGULATIONS AND CODES ....................................................................... 17 2.25 COMPLIANCE WITH IPR AND LAWS ...................................................................................................... 18 2.26 FINANCING OPTION ............................................................................................................................ 18 2.27 PARTNERSHIP FOR DEVELOPMENT (PFD) REQUIREMENT ..................................................................... 18

3.0 FORM OF TENDER ............................................................................................................................... 19

4.0 LIST OF ALL PRODUCTS AND MATERIALS TO BE USED IN THE PROJECT ........................... 26

5.0 TENDERER’S ENCLOSURES ............................................................................................................... 28

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SULTANATE OF OMAN OMAN TELECOMMUNICATIONS COMPANY (S.A.O.G)

1.0 Invitation to Tender

Oman Telecommunications Company (SAOG) invites Tenders from specialized Contractors for the Works as per the requirements detailed in the Tender Documents. This Tender is open to all specialized companies (local and international). In these Tender documents, unless the context otherwise requires, the following words shall have the following meanings:

1. “Business day” shall mean all days other than weekly holidays of Friday and Saturday

and holidays declared by the Client and / or the Government of Oman; 2. “The Commissioning date” shall mean the date on which the Client accepted the

Equipment after the necessary testing etc.; 3. “The Contractor” shall mean and include the successful Tenderer entering into a

Contract with the Client for execution of the works on the terms & conditions stated herein.

4. “The Delivery Date” shall mean the delivery date specified in the Tender documents

and includes any extended date for delivery of equipment; 5. “The Equipment” shall mean the Computer / Telecommunication equipment

mentioned in the Schedule and includes any replacement equipment and / or parts thereof;

6. “Essential Software” means Telecommunications / Computer software embedded in or

forming an essential part of the equipment as specified in the Schedule; 7. “The Location / site” shall mean the room, place or site identified by the Client for

installation & commissioning of the equipment(s); 8. “The Price” shall mean the price of the Equipment, its installation, services as

described in the tender documents;

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9. The “Tender” means a written offer submitted with the intention of concluding an Agreement for the (Title of the Project) in accordance with the Omantel Standard Terms, Conditions set forth hereunder, and the Technical specifications attached thereto.

10. The “Tenderer” means a person or persons, a Firm or a Company submitting a Tender. 11. The “Tender document” shall mean Tender Invitation, Commercial & Technical

Volumes inclusive, of the Tender documents and any clarification, Circular Letter, or addenda which the Client may issue before the tender closing date.

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2.0 Instructions to Tenderers

2.1 Introduction Client intends to have an agreement with Unit Prices for all the Equipment and Services as

required in the Scope of Work. Work Order will be issued under this agreement for each Site. The total price (based on

the Unit Prices of the agreement) and implementation period for each Site will be specified in the Work Order.

2.1.1 The Works

The works consists of Supply, Installation, Integration, Testing, Commissioning, associated Training/Technical Maintenance/Spare Parts/Test Equipment etc. (as the case may be) on a full turnkey basis.

2.1.2 Eligibility

The invitation to this Tender is open to all Suppliers/Contractors of turn-key projects of this nature.

2.1.2.1 Eligible Goods and Services

All equipment and ancillary services to be supplied under this Contract as 'New' shall have details of their origin.

For the purposes of this clause, "origin" means the place where the substantial Equipment, materials are manufactured, produced, processed, assembled or from which the ancillary services are supplied. Equipment are produced when, through manufacturing, processing or substantial and major assembling of components, a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components. For the purpose of Software, “origin” means the place where the software is patented, programmed or coded.

The origin of the equipment is distinct from the nationality of the Tenderer, unless

otherwise clarified in his Tender.

2.2 Cost of Tendering

The Tenderer shall bear all costs and expenses associated with the preparation and submission of its Tender and the Client shall, under no circumstances be responsible or liable for those costs and expenses that may have been incurred by the Tenderer, regardless of the conduct or outcome of the Tendering process.

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2.3 Preparation of Tenders

2.3.1 Acquaintance & Clarification of the Tender Documents

The Tenderer shall, before submitting the Tender, read the Tender Documents carefully, acquaint and satisfy himself with: (a) the Omantel Standard Terms and Conditions of Contract including Special Conditions of Contract, (b) the laws of the Sultanate of Oman, (c) all the sites / locations within the project; (d) Drawings, general and technical specifications of the equipment specified in the Tender Documents and (e) all other matters, risks, obligations and responsibilities to be undertaken in the Contract. Failure to furnish all the information required by the Tender Documents or submission of a Tender not substantially responsive to the Tender Documents in every respect, will be at the Tenderer’s risk and may result in the rejection of his Tender.

All documents and drawings issued to the Tenderer shall be treated as strictly private and

confidential, whether or not the recipient submits a Tender. During the tender period, the Tenderer shall not communicate with anyone related to or

deemed to be related to the preparation of the Tender unless expressly so directed by the Client or where such communication shall constitute an enquiry as set down in Clause 2.3.2 of these instructions.

Neither the Client nor any of its employees, nor any agents or servants of the Client, has

any authority to make representation or explanation as to the meaning of the Tender Documents, or as to any other matter or thing concerning the Contract, so as to bind the Client or to bind or fetter the judgement or discretion of the Engineer in the exercise of his powers and duties under the Contract except in so far as the Client may issue a Circular Letter or addendum amending or explaining the Tender Documents.

2.3.2 Discrepancies, Doubts and Obscurities

Should there be any discrepancy, doubt or obscurity as to the meaning of the Tender Documents or as to anything to be done under the Contract or concerning these Instructions, or any other matter, the Tenderer must set forth in writing such doubt or obscurity through the Omantel e-Sourcing Portal before the date specified in the Tender. If considered appropriate a reply in the form of a Circular Letter or Addendum will be issued to all Tenderers through the Omantel e-tendering Portal.

No additional payment shall be made in respect of works carried out in connection with

discrepancies among the various parts of the Tender Documents due to failure of the Tenderer to report the same prior to the submission of the Tender as described in above paragraph.

2.3.3 Risks

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The Tenderer shall be deemed to have taken into account, (a) all the quantities of the materials, technical and non-technical personnel of all the trades, tools, instruments and test equipment; (b) accommodation for offices and the staff, (c) all types of transportation & accessibility to the sites; (d) site survey and inspections, (e) taxes, duties, levies, insurances, contingencies and risks which might occur or affect the Tendered project (f) all other risks and contingencies whether or not mentioned in these documents and / or otherwise necessary for the project.

2.4.1 Compliance with Technical Specifications

The Tenderer shall provide complete details and clear technical specifications and all queries and response to each item shall indicate clearly the specifications and features of the quoted items in the enclosed formats and / or in a manner requested by the Client.

2.4.2 Compliance with Contract Terms & Conditions

The Tenderer shall provide complete compliance/non-compliance to each item of the terms & conditions of the contracts in the enclosed formats.

2.5 Amendments to the Tender Documents

2.5.1 Addenda and Circular Letters

Addenda and Circular Letters may be issued prior to the date of submission of Tenders for the purpose of amending or clarifying the Tender Documents. Amendments to the Tender Documents subsequent to their issue by the Client shall only be effected by Addenda. Addenda include amendments to the tender Documents while Circular Letters include Client responses to the queries, in the form of a ‘Question and Answer’, sent by the Tenderers during the Tender period. Addenda and Circular Letters issued to all Tenderers by the Client shall form part of the Contract and the Tenderer shall take into consideration the contents of such Addenda and Circular Letters in his Tender.

2.6 No Alterations / No Deviations 2.6.1 The Tenderer is not allowed to delete, modify or amend any of the terms or conditions

of the Tender Documents. No alterations to the text of the Tender Documents shall be permitted or made except

for filling in the blanks intended for that purpose. Failure to fully comply with these instructions may result in the rejection of the Tender.

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2.7 Language of the Tender All Tenders shall be submitted in the English language.

2.8 Governing Laws

The Tenderer shall conform to the Laws of the Sultanate of Oman. The laws in the Sultanate of Oman now in force or which may be made from time to time during the period of the Contract shall be the governing laws.

2.9 Documents Accompanying the Tender 2.9.1 In addition to the Tender Documents issued for tendering, it is mandatory for the

Tenderer to submit the following additional documents as attachments. Any Tender not accompanied by all the required documents will be rejected.

2.9.2 A documentary proof that the goods / services offered by the Tenderer are from an

eligible source country, that he is authorised to supply goods he is offering, are manufactured by suppliers in eligible source countries.

2.9.3 A properly notarized copy of commercial registration documents either in Arabic or

English. If the original documents are in a language other Arabic or English, then an attested English translation shall be provided.

2.9.4 A detailed list of all proposed major equipment and materials suppliers and

manufacturers indicating (1) names and addresses, (2) equipment and materials to be supplied with types, catalogues, technical data and compliance with specified requirements, (3) agents or dealers in Oman, (4) location of their workshops and (5) the after-sales services provided by these suppliers, manufacturers, agents or dealers.

2.9.5 Void 2.9.6 Proposed implementation schedule showing in detail the order in which various

sections of the Works are to be executed and the time which the Tenderer estimates will be required to complete each section.

2.9.7 The Tenderer’s proposals for training of the Client’s staff including training course

contents and schedules, location, duration, facilities, procedures and qualification and organization of the training personnel.

2.9.8 (i) A Clause-by-Clause Compliance Statement for Standard Tender Document

including the Omantel Standard Terms and Conditions of Contract.

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(ii) An item-by-item description and Compliance Statements of specifications / features as per the formats provided in the Technical Specifications/Scope of Works document.

2.9.9 A list of the main manufacturers, or subcontractors, firms or companies which the

Tenderer intends to use in the execution of the work, with particulars of the extent of the work, which it is proposed will be undertaken by them.

2.9.10 A statement giving the name(s) of the person(s) authorised to sign agreements on

behalf of the company including his (their) specimen signature(s). International companies shall provide the copy of the Constitution of the Company, Power of Attorney and other relevant legal deeds notarially authenticated by Oman embassy in the Tenderer’s country.

2.9.11 A list of the origin of manufacture of goods and quality control authorities. 2.9.12 A list of all major works which the Tenderer has completed within the past three years

and of all works which are presently under execution giving the name of the Client, location, value, duration and date of completion.

2.9.13 The proposed Site Organization Chart giving in details of the numbers and categories

of the supervisory and technical staff, their qualifications, previous appointments and experience, together with Curriculum Vitae of the supervisory and technical staff and the estimated labour force to be employed during the Contract.

2.9.14 Details of the Tenderer’s audited financial statements over the last three (3) years,

including the name and address of its banks, together with the authority to approach its bankers for relevant information and comment.

2.9.15 The Tenderer shall provide with his Tender the details of all local products and

materials he intends to use in the Works. The sources from which it is proposed to obtain locally produced materials and the details of each product and material shall be given in the prescribed form (List of All products and Materials to be used in the Project), specimen of which is included in the Tender Document.

(See 4.0 for the List of All Products and Materials to be used in the Project). 2.9.16 An Organization Chart showing company’s corporate management and site

management. 2.9.17 The Tenderer’s proposals for factory tests and inspections of major equipment

including the name(s) of the suggested independent testing and inspection organizations.

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2.10.1 Completion of Tender Documents The Tenderer shall complete the Form of Tender, shall sign, date and stamp with the

company's stamp and attach a scanned copy of the same with the submission. The Tenderer confirms that submission of the Tender through the Omantel e-

tendering Portal is done by an authorized representative of the Tenderer and shall be binding on the Tenderer.

2.10.2 Process to be Confidential Information relating to the examination, clarification, evaluation and comparison of

the Tenders and recommendations for the order, shall not be disclosed to Tenderers or any person concerned with such process.

2.11 Tender Prices 2.11.1 All items in the Bill of Quantities shall be fully priced in Oman currency up to three

decimal places. In the case of a Tender submitted by an individual or companies abroad, it is permitted to write the prices in foreign currency provided equivalent Omani currency is mentioned. Tender in foreign currency without the equivalent Omani currency will be rejected. Items against which no price is entered shall be marked 0 (zero) in the amount column and shall be deemed and understood to be covered by other rates in the Bill of Quantities.

The unit rates and prices quoted against the items in the Bill of Quantities shall be the

maximum allowed for the entire duration of the agreement and shall be for the full inclusive value of the finished work described, including import duties, taxes and all other levy, profit, obligations and liabilities of every kind arising under the Contract.

The Tenderer shall submit with his Tender a detailed breakdown of all lump sum items

in the Bill of Quantities giving description, quantity, Unit rates and amount. The total amount in the breakdown of each lump sum item shall be the amount inserted for each corresponding item in the Bill of Quantities.

2.11.2 The main classifications to prepare the Tenders are given below, based on the

requirements of the Tender Documents.

(i) Cost of equipment, freight and insurance delivered to site (ii) Cost of incidental expenses such as port clearance, customs duties, import taxes, any

other levies, and local transportation in Oman. (iii) Cost of documentation including asset bar coding (iv) Charges for software licenses, if any (v) Cost of installation services (vi) Cost of maintenance in Oman

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(vii) Cost of Training giving break-up: Local and Overseas

2.11.3.1 Technical Maintenance (i) The successful Tenderer shall maintain the equipment installed and commissioned

during the period between the Interim Acceptance Certificate/ Provisional Acceptance Certificate and the Final Acceptance Certificate, free of charge. The Technical Maintenance of any section commissioned before the whole Project provisional Acceptance, will be the responsibility of the successful Tenderer without any additional charges to the Client.

(ii) During the above technical maintenance period, the successful Tenderer shall keep

sufficient and competent technical personnel who are well trained in the factory to localize and attend to the faults and for the routine/ periodic maintenance mutually agreed with the Client. The Client’s technical personnel will participate in all types of technical maintenance during this period.

(iii) The successful Tenderer shall prepare standard technical log books for each equipment

to enter the routines and faults and it will be continued by the Client after taking over the maintenance.

(iv) The successful Tenderer shall keep sufficient stock of spare parts in the Sultanate of Oman to provide mission critical support. The maximum response time to report at site shall be 2 hours and repair time shall be 4 hours.

(v) The Technical Maintenance of the software shall include bug fixes, enhancements, upgrades and new revisions/versions of the software. Technical assistance to the Client's staff for the operation and administration of the system is required.

(vi) The successful Tenderer shall also keep in mind that his respective staff shall attend to

the faults on a 24-hours seven (7) days a week basis without any additional charge to the Client.

(vii) The successful Tenderer shall provide detailed escalation procedures, to include

escalation to Principal(s)/Manufacturer(s).

(viii)The activities of the successful Tenderer during the period of paid maintenance shall be the same as defined for free maintenance.

2.11.3.2 Technical Maintenance after FAC (Option)

i) The unit rates for Technical Maintenance charges for all the equipment inclusive of labour and spare parts for one (1) year after the Final Acceptance Certificate shall be quoted. These prices shall be valid for a further period of four (4) years.

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ii) The Contractor shall guarantee the availability of support and maintenance for a period of five (5) years from the issue of FAC.

iii) In case the Client requires additional modules or customization of a specific part within

the five (5) year period, the same shall be provided at mutually agreed prices.

2.11.3.3 Asset Bar Coding

Vendors shall bar-code, Scan and verify all Omantel Group defined and agreed assets (including spares) delivered at site/ warehouse and same to be listed in the Acceptance Test Protocol (ATP) as per the required formats. (Formats included in Standard Terms & Conditions)

2.11.4 Training Charges

The charges for training Client's staff in Oman as well as abroad shall be quoted. The cost of training shall include the cost for the training instructor, course material etc. The training shall be quoted separately for the end-users of various departments in the different modules to familiarize them with the functionality of each module.

Training shall also be offered for the Operation and Maintenance staff of Omantel to

provide them enough knowledge for system administration and maintenance of the complete system.

The duration, number of trainees and course curriculum for each training program shall be

detailed in the Tender.

2.11.5.1 Void

2.11.6 Void

2.11.7 Documents establishing Tenderer's Eligibility and Qualifications 2.11.7.1 The Tenderer shall furnish, as part of his Tender, documents establishing the Tenderer's

eligibility to tender and his qualifications to perform the Contract if his Tender is accepted. 2.11.7.2 The documentary evidence of the Tenderer's eligibility to tender shall establish to the

Client’s satisfaction that the Tenderer, at the time of submission of his Tender, is from an eligible source country.

2.11.7.3 The documentary evidence of the Tenderer's qualifications to perform the Contract if his

Tender is accepted, shall establish to the Employer's satisfaction:

i) that, in the case of a Tenderer offering to supply goods under the Contract which the Tenderer did not manufacture or otherwise produce, the Tenderer has been duly

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authorised by the good's manufacturer or producer to supply the goods in the Sultanate.

ii) that the Tenderer has the financial, technical and production capability necessary to

perform the Contract; and iii) that, in the case of a Tenderer not doing business within the Sultanate, the Tenderer

shall be represented by an agent in Sultanate of Oman equipped and able to carry out the supplier's maintenance, repair and spare parts-stocking obligations prescribed by the Omantel Standard Terms and Conditions of the Contract and/or Technical Specifications.

2.11.8 Documents establishing good's eligibility and conformity to Tender documents 2.11.8.1 The Tenderer shall furnish, as a part of his Tender, documents establishing the eligibility

and conformity to the Tender Documents of all goods and services which the Tenderer proposes to supply under the Contract.

2.11.8.2 The documentary evidence of the goods and services eligibility shall establish to the

Employer’s satisfaction that they will have their origin in an eligible source. A certificate of origin issued at the time of shipment will satisfy the requirements of this paragraph.

2.11.8.3 The documentary evidence of the goods and services conformity to the Tender Documents

may be in the form of literature, drawings and data, and shall furnish:

i) a detailed description of the goods' essential technical and performance characteristics;

ii) The name of the manufacturer and Country of origin for all the Equipment.

2.12 Tender Bond – Not Required 2.12.1 The Tenderer shall, as an essential requirement and validity of this tender, furnish as

part of his Tender, a Tender Bond in the value of not less than 1% of the maximum agreement value mentioned in the scope of works in the format included in the Tender Document.

2.12.2 The Tender Bond shall be obtained from a bank located and registered in the

Sultanate in the form provided in the Tender Document and valid for ninety (90) days from the latest date fixed for the submission of Tenders.

2.12.3 Any Tender not accompanied by a Tender Bond will be summarily rejected. 2.12.4 Tender Bonds of unsuccessful Tenderer’s will be discharged / returned on its

expiration or after the award of the Contract to the successful Tenderer.

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2.12.5 The Tender Bond of the successful Tenderer will be discharged upon the Tenderer’s executing the Contract.

2.12.6 The Tender Bond will be forfeited: i) If a Tenderer withdraws his Tender during the period of Tender validity specified

in the Tender Documents; or ii) In the case of a successful Tenderer, if the Tenderer fails:

a) to sign the Contract;

2.13 Format and Signing of Tender The Tender shall be signed by an authorised person having a power of attorney.

2.13 Submission of Tenders 2.14.1 Tenderers should submit Tenders through the Omantel e-Sourcing Portal. 2.14.2 The Employer may, at its discretion, extend the deadline for the submission of

Tenders by amending the Tender Documents in such case all rights and obligations of the Employer and Tenderers previously subject to the deadline will thereafter be subject to the deadline as extended.

2.14.4 Void

2.14.5 Modification and withdrawal of Tenders 2.14.5.1 No Tender will be permitted to be modified, amended or withdrawn after the last date for

submission of Tenders. 2.14.5.2 No Tender may be withdrawn in the interval between the deadline for submission of

Tenders and the period of Tender validity specified in the Tender Documents.

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2.15 Validity of Tender 2.15.1 The Tenders shall be valid for ninety (90) days from the latest date of submission of

Tenders. The Employer reserves the right to ask for extension of the validity of the Tender without any change in the prices. The Employer shall not entertain any variation due to any currency fluctuation for the submitted Tender during its validity period.

2.16 Clarification of Tenders To assist in the examination, evaluation and comparison of the Tenders, the Employer may

ask Tenderers individually for clarification of their Tender, including breakdown of unit rates. The request for clarification and the response shall be submitted through the e-Sourcing Portal.

Post Tender Clarifications do not constitute intent to award or award of the Contract. However, in the event that the Tender is accepted Post Tender Clarifications and their related answers will form part of any subsequent Contract as part of the applicable Contract Documents stated herein.

Any effort by the Tenderer to influence the Employer in the process of examination,

clarification, evaluation and comparison of Tenders or award decision including the offering or giving of bribes, gifts, or other inducement, will result in the invalidation of his Tender and the forfeiture of his Tender Bond. The Tenderer must comply with the provisions of Royal Decree No. 39/82.

2.18 Award of Contract 2.18.1 After evaluation of the Tenders the Employer will determine to its satisfaction whether the

Tenderer selected, having qualified technically and financially, is able to perform the Works under the Contract.

2.18.2 The Employer reserves the right to accept or reject any Tender or part of a Tender, to

cancel the Tendering process and to reject all the Tenders at any time prior to award of Contract, without thereby incurring any liability to the affected Tenderer or Tenderers or any obligations to inform the affected Tenderer or Tenderers of the grounds for the Employer’s action.

2.18.3 The successful Tenderer will be informed of the acceptance of his Tender and will be

provided with a Letter of Acceptance (or a draft Contract) to sign a Contract. A draft Contract document based on the Tender Documents, Letter of Acceptance, and

the Tenderer’s offer, prepared by the Employer or its authorized representatives shall be given to the successful Tenderer for his study and comments, if any. The final Contract

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documents will be signed by the authorised signatories of the Employer and the successful Tenderer.

The Contract signature shall take place within twenty (20) days of issue of Letter of

Acceptance (or draft Contract) and before the validity of the Tender expires. In case the validity of the Tender Expires, it shall be extended by the successful Tenderer at the request of the Employer along with the extension of the Tender Bond validity.

2.18.4 Should the successful Tenderer fail or refuse to enter into Contract negotiation with the

Employer within fifteen (15) days of the issue of Letter of Acceptance (or draft Contract) to this effect by the Employer, the Tenderer shall be considered to have abandoned the proposal.

2.18.5 The Contractor shall be required to furnish a Performance Bond for 5% of the total value

of each Work order within ten (10) working days of the issue of the respective Work Order.

2.18.7 Failure to furnish the Performance Bond by the Contractor within the stipulated period

may lead to the annulment of the Contract. 2.18.8 The Employer reserves the right to award the Contract for the entire works to one

Tenderer or divide the works between different Tenderers.

2.19 Ethical Practices 2.18 The Employer require that the Tenderer / Supplier / Contractor observe the highest

standard of ethics during the tendering, procurement, execution of works and at all times. In pursuance of this policy, the Employer:

(a) defines, for the purposes of the provision, the terms set forth below as follows:

(i) "corrupt practice" means the offering or giving, receiving or soliciting of anything of value to influence the action of the Employer or his representative / employee in the tendering, procurement, supplies and / or in execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a

tendering, procurement process and / or the execution of a contract to the detriment of the Employer, and includes collusive practice among Tenderers (prior to or after submission of Tenders) designed to establish cartel or Tender prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition;

(b) will reject proposal (s) for award of contract if it determines that the Tenderer

recommended for award of the contract (s) has engaged / indulged in corrupt, unethical or fraudulent practices in competition for award of the contract;

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(c) will declare the Tenderer ineligible, either indefinitely or for a stated period of time, if

at any time the Employer determine that the Tenderer has indulged / engaged in corrupt, improper, unethical, fraudulent practices in competing for or in executing a Contract.

2.20 Trade Names, Manufacturer’s Names and Model Numbers The Tenderer shall disregard all references to manufacturers, trade names or brand

names, model numbers and foreign certification marks that may appear in the Tender Documents. Kite mark and other foreign certification marks and certification for materials and equipment required from Original Equipment Manufacturers (OEM) are not permissible in this Contract even though mentioned in the specification.

2.21 National and International Standards, National Standards shall take precedence over international standards in the

specification of materials, equipment, and workmanship for the works. Reference numbers of national and international standards such as OS, OES, BS, ASTM. etc./ referred to in the tender documents shall mean the latest revision of such standards current at the time of tender.

2.22 Insurance The successful Tenderer will be required to obtain all the insurances stipulated in the

Conditions of Contract and to lodge them with the Employer or to furnish an indemnity bond from a bank registered and located in the Sultanate of Oman, indemnifying and saving harmless the Employer from loss which may be caused to him by his defaults to obtain insurance accordingly, within seven (7) days of receipt of Employer’s order to commence the Works.

2.23 Language of Contract All correspondences with the Employer shall be in the English Language. Original

documents or copies submitted by Tenderers, which are not in Arabic or English, should be accompanied by English translation.

2.24 Compliance with labour Regulations and Codes The Tenderer shall conform to the Laws of the Sultanate of Oman and his attention is

particularly drawn to the Laws governing employment. All arrangements which affect the engagement, transport, paying, feeding and housing

of labourers and other matters in connection therewith shall be subject to the

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Regulations and Codes of the Sultanate of Oman, now in force or which may be made from time to time during the period of the Contract.

2.25 Compliance with IPR and laws The Tenderer shall ensure that the supply, testing, commissioning of the equipment is

duly authorised and is not violating patents, copyright, trademarks and / or intellectual property rights of any person or Company and / or violating any law of the Country of origin. The Tenderer shall be held responsible and liable for all costs and consequences arising out of such violations (if any).

2.26 Financing Option For Project costs more than 500,000 OMR, although not a mandatory requirement,

Bidders are also invited to offer an option to finance the bid price either in part or full. The financing offer should provide adequate details of tenure, interest rates, extended free credit period (over and above Omantel standard credit terms) and any other terms and conditions attached to the financing option. For final shortlisted bidders the financing option offered shall be evaluated separately and an additional weightage of up to 5% shall be provided based on the merits of the financing option offered.

2.27 Partnership For Development (PFD) Requirement Pursuant to Royal Decree 9/2014 this Tender carries a mandatory obligation under

Oman’s Partnership For Development 9Offset) Programme whereby in consideration of the successful Tenderer being awarded the Supply Contract, the Contractor agrees to identify in conjunction with Omani Authority for Partnership for Development (OAPFD) and to implement PFD projects within the Sultanate of Oman in accordance with the clauses in the attached Omantel standard terms and conditions of Contract.

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3.0 Form of Tender (Notes: Tenderers are required to fill up all the blank spaces in this Form of Tender). To: The Chairman, Tender Committee Oman Telecommunications Company SAOG P.O. Box 789, Ruwi, Postal Code: 112 Sultanate of Oman SHORT DESCRIPTION OF WORKS: - TENDER_1225 FOR DESIGN, SUPPLY & INSTALLATION OF TELECOM TOWER WITH ALLIED CIVIL & ELECTRO-MECHANICAL WORKS AT MAHOOT & AL ASHKARA EXCHANGES IN THE SULTANATE OF OMAN After Compliments, 1. We, the under signed have read, examined and understood the Instructions to Tenderers,

Drawings, Omantel Standard Terms and Conditions of Contract and Special Conditions of Contract, Specifications and Bill of Quantities for the execution of the above-named Works, and accordingly do hereby offer to supply, install, execute, complete in all respects and maintain the whole of the said Works in conformity with the said Instructions, Drawings, Omantel Standard Terms and Conditions of Contract and Special Conditions of Contract, Specifications and Bill of Quantities.

2. In the event of your acceptance of our Tender, we undertake to commence the Works

within …….(….) days of receipt of the Employer’s Work Order and to complete in all respects and deliver the whole of the Works specified in the Work Order within the agreed period.

3. In the event of your acceptance of our Tender, we will obtain from a locally registered

Bank, a guarantee to be jointly and severally bound with us in the sum of five (5) per cent of the Contract Price for the due performance of the works under the terms of this Agreement.

4. We agree to keep the offer stated in the Tender documents valid for a period of ninety

(90) days from the last date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period or such other extended period as may be mutually agreed.

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5. In the event of our Tender being accepted and until a formal Agreement is prepared and executed this Tender, together with your written acceptance thereof, shall constitute a valid and binding obligation upon us.

6. We understand that you reserve the right to reject any or all tenders without assigning

reasons and are not bound to accept the lowest or any Tender that may be submitted or received.

7. We acknowledge receipt of the following circular letters and/or Addenda: Reference number Date .................................................................. ........................................... ................................................................. ........................................... ................................................................. ...........................................

and confirm we have taken the same into consideration in our Tender. Dated this ....................................................... day of .............................................................................. 2018 Signature ...................................................... in the capacity of .................................................………………………...................... Duly authorised to sign Tenders for and on behalf of ......................................................... .....................................…………… …………... .....................................................................................................................................

(IN BLOCK CAPITALS)

Address .......................................................................... Witness ...........................................................................

..................................................…….................................

.......................................................……......................... Occupation

(Please scan and attach this Form of Tender duly stamped and signed by an authorized

person of the Tenderer to Qualification Envelope)

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APPENDIX TO THE FORM OF TENDER

CLAUSE

1. Ruling Language : 5.1(a) The Language in which the Contract

documents have been drafted.

2. a) Amount of Performance Bond / Guarantee(s)

: 10.0 5% of the Contract value valid upto the issue of FAC.

b) Amount of Advance Payment Bond/ Guarantee(s)

: NA

3. Min. Amount of Third Party Insurance

: 23.2 RO 170,000/- for personal injuries and RO 250,000/- for property damages per event with unlimited number of events, valid upto the issuance of last PAC.

4. Period of Commencement : 41.0 -

5. Time for Completion : 43.0 As mentioned in the Technical Documents

6. Amount of Penalties for Delay : 47.1 0.1% of the Work Order Value per day upto a maximum 10% of the Work Order Value.

7. Provisional Acceptance Certificate(s)

: 48.1 Shall be issued within 30 days upon approval of as-built costs, satisfactory completion and acceptance testing of whole works contained in the Work Order. Provisional Acceptance Certificate shall be issued for each Site separately. The effective date shall be the PAC date.

8. Interim Acceptance Certificate(s)

: 48.2 NA

9. Period of Maintenance

: 49.1 365 days after issuance of PAC(s).

10. (a) Quantities : 55.0 Estimated Quantities*

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: 56.0 Actual and correct quantities* / Lump Sum Contract Price/site

10. (b) Variation Order : 52.0 -

11. Percentage for adjustment of P.C. sums contained within Provisional sums

: 59.4(c) … %

12. Advance Payment : 60.2 NA.

13. Recovery of Advance : 60.4(b) NA

14. Payment of Materials at site / works executed

: 60.4(b) 80% of the net value delivered to site / works executed

15. Minimum amount of Monthly Interim Certificate

: 60.4 RO 1,000/-

16. Time within which payment is to be made after Certificate

: 60.5(a) 60 days

17. Percentage of Retention : 60.7 10% of Gross Interim Certificate.

18. Limit of Retention Money : 60.7 10% of Work Order Value

19. Payment of Retention Money : 60.8 100% after period of maintenance and Final Acceptance Certificate

20. Interest for delay : 60.9 Not applicable

21. Cash Flow

Yearly Cash Flow Percentage of Contract Value

: 60.13 -

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22. Final Acceptance Certificate(s) : 62.1 To be issued 365 days after issuance of

PAC(s).

Dated this ........................................ day of .................................................….............. 2018.

Signature ................................................ in the capacity of .......................……....................

Duly authorised to sign Tenders for and on behalf of:

.................................................................................................................……..............................

........................................................................................................................…….......................

(IN BLOCK CAPITALS)

Address ............................................ Witness ........................................................…..……

........................................................... ............................................................….....

........................................................... ......................................….............................

........................................................... Occupation ..........................................….....

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CONTRACT CONDITIONS The Conditions of Contract shall be Omantel Standard Terms & Conditions of Civil & Electromechanical Works Contract Agreement. The Contractor is deemed to have his own copy of the Standard Documents. Copies of the Standard Documents can be obtained from the Procurements & Contracts, Omantel.

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FORM OF PERFORMANCE BOND Oman Telecommunications Company (S.A.O.G) P.O. Box 789 Postal Code 112, Muscat Sultanate of Oman

Performance Bond No .................................

Whereas .............................................................………................................ whose address is .......…………………….………………………………………………………..... (hereinafter called the Contractor) has been awarded a Contract dated .......................... for ………………..……… for the value RO. ............................ (Rials Omani …………………………............……………………………………...……..) by this bond we .................………………………………………................................. whose address is .....................................……………...... are held and firmly bound unto Oman Telecommunications Co. (Omantel), in the sum of RO. .................., being the 5% of the Contract Price. We agree to make unconditional payment under this bond on your first written demand without any reference to or contestation on behalf of the Contractor provided the claim is received by us on or before ............................................ The Guarantee will be effective from ...................................... and shall be valid upto ............................................................... or issue of Final Acceptance Certificate whichever is later after which date our liability shall automatically cease. This Guarantee should be returned to us upon its expiry or upon fulfilment of our undertaking whichever is later.

Authorized Signatories

(To be issued by a locally registered bank)

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4.0 LIST OF ALL PRODUCTS AND MATERIALS TO BE USED IN THE PROJECT

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LIST OF ALL PRODUCTS AND MATERIALS TO BE USED IN THE PROJECT The Tenderer must list below all products and materials to be used in the project. If the material/product is made in Oman, give the name of the manufacturer. If the material/product is foreign, indicate whether it will be obtained from local market or from foreign market and give your reasons for not using Omani materials or products.

No. Name of Material/ Product

Omani Material/Product: Manufacturer(s)

Foreign Material/Product Reasons for not using Omani

materials/products Local market Foreign Market

NB. Provide additional sheets if required

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5.0 Tenderer’s Enclosures

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The following information should be supplied by the companies wishing to undertake the works:- 1) Full name of the Company

2) Postal Address

3) Telephone Number

4) E-mail

5) Telefax Number

6) A properly notarized copy of commercial registration documents either in Arabic or

English. If the original documents are in a language other Arabic or English, then an

attested English translation shall be provided. 8) A statement as to whether the

company is a limited liability company under (a) sole Employership, (b) a partnership

agreement, or (c) a member of a group.

9) Names and ranks of the Board of Directors having voting status within the Board.

10) Names and ranks of the Sponsors/ Employers of the Company.

12) The company’s Bankers.

13) A bank reference stating the letter of credit and overdraft limits that would be extended to

the Company.

14) Principals, Agreement with Principal(s) / Manufacturer(s), the Company’s Field of activity and its previous projects implemented for Governmental entities or private Sector during the Last Five years, its value and Certificates of Completion.

15) The Plant and manpower employed by the Company, their CVs except for unskilled

labourers, their nationalities and the percentage of main staff employed by the Company at the time of Tendering.

It shall be at the Employer’s discretion whether further clarifications shall be requested and whether the companies submitting actually meet the criteria specified. The Employer may even visit the Contractor’s facilities for the above. Tenderers should note that, in the event of the Company being requested for a particular project, the Employer may request evidence that the company still meets all the requirements. Note: The Tenderer may insert continuation sheets as required.