RFP NO.
ISSUE DATE
MOB/ENG/25/06/15-014
25/06/2015
RFP
SUPPLY AND INSTALLATION
OF
1500KVA OR 2000KVA
SOUND PROOF GENERATORS
Mobitel (Pvt) Limited
108, W.A.D. Ramanayake Mawatha,
Colombo 2
Sri Lanka.
Confidential
DATA SHEET
ITEM DESCRIPTION
Request for Technical & Commercial Proposals for Supply, Installation and Commissioning of
1500kVA or 2000kVA Sound Proof Generator for deployment at Mobitel Pvt Ltd.
(Only one generator will be procured and the selection of the capacity will be done based on the
commercials).
RFP NO: MOB/ENG/25/06/15-014
PLACE OF ACCEPTANCE OF THE RFP
Office of the Manager – Procurement,
RamanayakeMawatha, Colombo 02.
Mobitel
(Private)
Limited,
108,
W.A.D.
RECEIVING AND CLOSING OF RFP
RFP will be received not later than 16.00 Hours Sri Lanka time on 30th July 2015.
COMPLETION PERIOD
Product to be supplied as per the specifications given under General Terms and Conditions of RFP
BID BOND
Value of the bid bond is Seven Hundred and Fifty Thousand (Rs. 750,000/-). The bid bond shall be
valid for One Hundred and Ninety days (90) from the date of closing Bids. The Bid Bond format is
given in Annexure 111.
RFP# MOB/ENG/25/06/15-014
Page 2
Confidential
SECTION 1 – General Terms and Conditions
REQUEST FOR PROPOSAL (RFP)
Mobitel (Private) Limited is floating this RFP with the intention of identifying prospective Vendor
to procure a 1500kVA or 2000kVA sound proof generator.
Vendor shall submit two separate proposals (both technical and commercial) for 1500kVA and
2000kVA capacities. Only one generator will be procured and the selection of the exact capacity
will be decided by Mobitel based on the commercial proposals.
RFP DETAILS
1.1
Receipt and close of RFP
1. RFP should be sent with ‘Technical’ offers and ‘Commercial’ offer submitted in two separate
envelops signed and sealed in duplicate (original + duplicate).
2. The RFP should be addressed to the “Procurement Manager” with the RFP reference number
indicated “MOB/ENG/25/06/15-014” on the top left hand corner of the envelopes and hand
delivered to the Procurement Division on the 5thFloor, No. 108, W.A.D. Ramanayake Mawatha
– Colombo 02.
3. This RFP should be submitted on or before 4.00pm on 30th July 2015
1.2
1.2.1
1.2.2
1.2.3
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
Acceptance of RFP’s
It is the policy of Mobitel to select the most suitable offer and award the order to the
successful Vendor(s). However, Mobitel reserves the right to reject any or all the
proposals received in response to their request and Mobitel has no obligation to explain
to unsuccessful Vendor the reason for rejecting their RFP. Further there is to be no
contract until certain formal documents have been executed and official Purchase Order
issued.
Bidders shall agree to comply with the terms specified in the RFP and must attach a letter
to that effect with the submissions of the RFP. In the event of non- compliance, the
Bidder shall indicate such variations in the Statement of Compliance
Validity Period of Offer
All offers shall be held good for acceptance for a minimum period of 90 days from the date
of closing the RFP.
Submission of quotes
Vendor should submit the following documents separately for option 1 to 5;
Company Profile
Certified copy of Memorandum & Articles of Association
Certified copy of latest Form 20/48
Letter of Authorization from Principle on official letterhead for nominated Agents or
representatives to accept any official correspondence from Mobitel on behalf of the
principles. This letter shall contain a list of authorized signatories, their designations and
specimen signatures.
Vendors shall attach a letter undertaking to comply with the conditions of the RFP.
RFP# MOB/ENG/25/06/15-014
Page 3
Confidential
1.4
Technical Specifications
1.4.1
The Vendor is required to submit their Technical Proposals on the basis of the required
specifications given in Section 2 - Technical Specifications.
1.4.2
The vendor shall submit all documents for option 1, 2, 3, 4 and 5 separately
1.4.3
The vendor may be called upon at the discretion of Mobitel to arrange for demonstration of
product/s offered in RFP at a suitable location in Colombo, Sri Lanka by giving one
week notice for demonstration. In such event all related costs of such demonstration will
be solely on account of the vendor.
1.4.4
Technical offer should specify the product / service and relevant product/ service code
using the line items (or additions to be decided by vendor) in the specimen pricing
format (Annex 1, in Sec.3) as a guideline without the actual pricing.
1.4.5
Vendor should provide all the related information on service and maintenance agreements
with rates for each item.
Technical proposal shall be provided separately from the pricing proposal in
duplicate in both softcopy (password protected) and hardcopy in sealed envelopes.
1.5
Format for pricing
1.5.1
The INCOTERM to be used for pricing shall be, CIF (Colombo) and local costs in Sri
Lankan Rupees (LKR).
1.5.2
All prices should be quoted by using pricing format under Section 3 - Annexure II. Prices
indicated shall be firm and not subject to variation except for rates of VAT and other
applicable taxes prevailing on the date of closing of RFP.
1.5.3
All items (including product/ service code/s) as listed in the Technical offer should be
indicated in the pricing offer.
1.5.4
Credit terms offered must also be in Annex II and accompanying Notes to format.
1.5.5
Pricing proposal shall be provided separately from the technical proposal in duplicate in
both softcopy (password protected) and hardcopy in sealed envelopes separately for
option 1 to 5.
1.5.6
Pricing proposal shall be valid minimum for 365 days and the buyer has the discretion to
order the total quantity contracted in batches spread through One Year period mentioned
above.
1.6
Statement of Compliance
Following should be noted when marking compliance for the RFP Clauses including
General, Technical and Commercial.
1. The compliance shall be stated clearly whether it is Yes, No or Partial.
a) Yes = Full Compliance
b) No = No Compliance
c) Partial = Partial Compliance
RFP# MOB/ENG/25/06/15-014
Page 4
Confidential
2. Partial compliance shall be explained with remarks.
3. If the compliance status is marked as Yes and it is accompanied with remarks,
it is considered as Partial Compliance.
RFP Clause Compliance - Yes/No/Partial
# of RFP
1.7
Remarks for Partial
Compliance
Documents and Details to Accompany RFP
1.7.1
The Vendor must submit an updated profile of the company, a list of five important
customers with their contact details for the comparable product proposed and implemented
for such customer/s
1.7.2
All Proposals should contain adequate particulars in respect of the products offered as
specified in Technical specifications as per Section 2 of this document.
1.7.3
Duly signed and stamped Non-disclosure Agreement (original/ Scanned copy)
1.7.4
All proposals shall be the property of Mobitel and shall not be returned to the Vendor.
1.8 Acceptance Or Rejection Of Offers And Intimation Of Acceptance
1.8.1
Mobitel reserves the right to decide on the most suitable Vendor/s taking into consideration
all concerned facts. Mobitel is not bound to make the award to proposal submitting the
lowest offer.
1.8.2
The RFP Committee reserves the right to reject any or all RFP’s without adducing any
offer and or reason. The notice of acceptance of RFP will be sent via email to the
successful Vendor to the address given by him in the RFP documents as soon as possible
after the decision has been made. Intimation of the acceptance of RFP may alternatively be
made by Facsimile or e-mail if circumstances so require, and such intimation should be
considered sufficient notice of acceptance.
1.8.3
The notice of acceptance of RFP will be communicated to the successful Vendor who will
receive the official purchase order.
1.8.4
MOBITEL reserves the right to cancel the project at its sole discretion at any time prior to
signing a contract for any reason and without penalty
1.8.5
MOBITEL reserves the right to partition the work to the Vendors who are required to fully
co-operate with other selected Vendor to collectively fulfil the objectives and requirements
for the project
1.8.6
The Buyer shall have the discretion to procure only part of the BOQ stated in the RFP in a
capacity category OR not to procure any quantity from some capacity categories and
Pricing quoted or agreed upon shall not have any bearing on this decision
RFP# MOB/ENG/25/06/15-014
Page 5
Confidential
1.9 Use Of Documents And Information
1.9.1
No Vendor shall without prior written approval from Mobitel disclose any document,
specification, etc to any outside person or any other Vendor.
1.9.2
The Vendor shall not make use of any document or information except for purpose of
executing of the order.
1.9.3
The Vendor shall be responsible for any discrepancies, errors or omissions in the drawings,
designs and other written information supplied by the Vendor, whether they have been
approved by Mobitel or not, supplied that such discrepancies, errors, or omissions are not
due to inaccurate drawings or information furnished by Mobitel.
1.9.4
The Vendor shall carry out at its own expense any alterations or remedial work necessitated
by reason of discrepancies, errors or omissions due to the fault of the Vendor and shall
modify the drawings, designs and other written information accordingly, or in the event if
the same were done by or on behalf of Mobitel, the Vendor shall bear all costs incurred
thereby in agreement with Mobitel.
1.10
Confidentiality
1.10.1 The Vendor agrees that it will not permit the disclosure or duplication of any information
received from Mobitel unless such disclosure or duplication is specifically authorized in
writing by Mobitel, or as required by law.
1.10.2 Mobitel agrees that it will not disclose or duplicate any information designated in advance
by the Vendor as “Confidential/Proprietary” information to any person (other than Mobitel
personnel who must have access to such information) unless such duplication, use or
disclosure is specifically authorized in writing by the Vendor or is required by law. The
term “Confidential/Proprietary” does not include ideas, techniques, or concepts that are in
the public domain.
1.10.3 The Vendor is required to submit a Non-Disclosure Agreement (NDA) as per attached
standard format Annexure IV with RFP documents submitted at time of closing RFP.
1.11
Canvassing, Gifts & Commissions
1.11.1 Vendor or their Agents should not canvass, offer or agree to give any kind of gifts,
commissions rebate or inducement to any person employed by Mobitel.
1.11.2 Breach of this clause may be punishable by law and shall render the RFP invalid And /or
cancelled.
1.12
Tests And Inspection
1.12.1 Mobitel will reserve the right to inspect and/or test the product supplied by the Vendor to
confirm their conformity to the specified standards.
1.13
Change Orders
1.13.1 Mobitel may at any time, by a written notice given to the Vendor a reasonable change
within the scope of RFP on following areas.
a)
Product Specifications
RFP# MOB/ENG/25/06/15-014
Page 6
Confidential
b)
Product delivery time
c)
Product delivery location
1.13.2 The vendor shall not perform changes in accordance of the above, until the Mobitel has
approved in writing on the basis of the revised estimate supplied by the Vendor.
1.13.3 Mobitel has right to get the order on the consignment basis
1.14
Termination For Default
1.14.1 If the Vendor fails to fulfil the order as specified in the Agreement subsequently entered
into, Mobitel may without prejudice to any other remedy for breach of the Contract, have
the right to terminate the contract in whole or in part and recover any losses from the
payments due to the Vendor.
1.15
Standards Of Product
1.15.1 The Vendor shall warrant that the product supplied would conform to the required
specifications and standards.
1.15.2 The Vendor shall if requested by Mobitel undertake to sign an agreement with Mobitel for
all warranty procedures and provision for alternate product
1.16
Indemnification
1.16.1 Vendor shall agree to defend, indemnify, and hold harmless Mobitel, its officials, officers,
employees, agents and volunteers from any and all claims, actions, judgments, losses, costs
(including personnel related costs, reasonable attorney’s fees and all other claim related
expenses) and damages whatsoever, including but not limited to claims made upon Mobitel
arising by reason of accident, injury, or death to any person, to Vendor or to Vendor’s
agents, employees, servants and all subcontractors or by reason of injury to property arising
out of or in connection with work performed under the contract, except upon a finding of a
tier of fact that such loss was caused by the sole negligence of Mobitel. This promise of
indemnity shall apply in the case of injuries to Vendor’s own employees.
1.17
Insurance
1.17.1 The Vendor shall procure and maintain for the duration of this agreement insurance of the
types and in the amounts required by Mobitel against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the
work by the Vendor, its agents, representatives, employees, sub consultants, or
subcontractors.
1.18
Independent Contractor
1.18.1 The parties intend that an independent contractor-client relationship will be created by their
relationship. Mobitel is interested only in the results to be achieved, and conduct and
control of the work will lie solely with the Vendor.
RFP# MOB/ENG/25/06/15-014
Page 7
Confidential
1.18.2 Vendor is not to be considered an agent or employee of Mobitel for any purpose, and the
employees of the Vendor are not entitled to any of the benefits that Mobitel provides for its
employees. Vendor understands that Mobitel does not intend to use the Vendor’s services
exclusively. Vendor will be solely and entirely responsible for his or her acts and the acts
of Vendor’s agents, employees, servants, and all subcontractors during the performance of
the contract.
1.19
Warranties
1.19.1 The Vendor must provide warranties to assure ownership and performance of the generator.
The comprehensive warranty must be supplied for a minimum period of three years or 1500
operating hours whichever comes first following successful completion of system
acceptance Test. Additional marking will be given to the bidders offer the longer warranty
period.
1.20
Royalties and Patents
1.20.1 The Vendor shall pay royalties and license fees and defend all suits resulting from claims
for , infringement of any patent or other intellectual property rights and the Vendor shall
and indemnify and hold Mobitel indemnified completely and at all times from all damages,
costs and expenses of the alleged infringement of any patent or other intellectual property
rights, on all software, materials, and equipment purchased outright or leased and installed
according to the specifications of the Mobitel.
1.20.2 The Vendor shall defend Mobitel at the Vendors own cost at any or all such suits or
proceedings. If the Equipment or any product thereof is held to constitute an infringement
in such action, the Vendor at his own expense will have the choice of taking one or more of
the following courses of action;
1.20.2.1 Replace the product with a non-infringing product.
1.20.2.2 Procure for Mobitel the right to continue to use such Equipment and product.
1.20.2.3 Modify the Equipment or any product thereof so that the said Equipment or
any product thereof shall cease to constitute infringement of any such rights.
The modified equipment must be of an equal or better standard as the
equipment in issue.
1.20.2.4 In such an event the Contractor shall obtain the prior written approval of
Mobitel.
1.21
Maintenance And Enhancements
1.21.1 The Vendor must define who will provide for maintenance service, where these items will
be located, what the response times are and what service/contract cost options are offered.
1.21.2 The Vendor will also provide Mobitel contractually the right to determine an emergency
need (as defined by Mobitel) and the option to respond within a predetermined time frame.
RFP# MOB/ENG/25/06/15-014
Page 8
Confidential
1.22
Governing Language
1.22.1 All correspondence and other documents pertaining to the RFP shall be written in the
English language. If any printed documents written in any other language are furnished, the
English translation shall have to be certified by the relevant embassy or High Commission.
1.23
Applicable Law
1.23.1 The RFP and any Contract resulting there from will be governed and abide by and
construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka
and the exclusive jurisdiction shall be in Sri Lanka
1.24
Arbitration (Only In The Event Of Parties Entering In To A Contract)
1.24.1 The Parties shall use their best efforts to settle any dispute difference or question between
them arising out of a resulting Contract in an amicable way. The subject matter shall be
discussed in good faith.
1.24.2 If however, the subject matter remains in dispute despite the Parties efforts to settle the
dispute in question either party may submit the matter to arbitration as set out below.
1.24.3 All disputes differences or questions between the Parties with respect to any matter arising
out of or relating to the resulting Contract shall be finally settled under the Rules of
Conciliation and Arbitration in accordance with the provisions of the Arbitration Act No 11
of 1995 and the rules of the Arbitration Centre of the Institute for the development of
Commercial Law and Practice, in Colombo (Sri Lanka) by three(3) arbitrators appointed in
accordance with the said Rules and proceedings and the proceedings shall be conducted in
the English language.
1.25
Taxes And Duties
1.25.1 All taxes such as VAT, payable in Sri Lanka by the Vendor relating to the execution of a
resulting Contract shall be borne by Mobitel.
1.25.2 The Vendor who should be registered for VAT shall submit to Mobitel complete and
sequentially numbered invoices stating the VAT numbers of both parties and showing the
component of VAT separately and Mobitel shall pay such total tax invoices.
1.25.3 However personal income tax and corporate income tax of the Vendor, the Vendor’s
employees or his Sub Contractors payable whether in Sri Lanka or outside Sri Lanka shall
not be borne by Mobitel.
1.25.4 Any taxes outside Sri Lanka shall not be borne by Mobitel.
1.25.5 Any taxes whether in Sri Lanka or outside Sri Lanka by Sub Contractors or employees of
the Vendor shall not be borne by Mobitel.
1.26
Protection Of Existing Telecommunications System
1.26.1 During the installation/construction period, the Vendor shall pay special attention to the
protection of the existing telecommunications system from damage or interference.
1.26.2 In case such damage or interference should occur, the Vendor shall immediately suspend
his Works and ask Mobitel for their instructions, upon receipt of which he shall restore
services as soon as possible at his own cost.
RFP# MOB/ENG/25/06/15-014
Page 9
Confidential
1.27
Prevention Of Damage
1.27.1 The Vendor shall, at his own expenses, provide facilities necessary to prevent damages to
Works, Goods, adjacent structures or a third party until the Works has been completed and
accepted.
1.27.2 The Vendor shall whenever he considers it necessary for the prevention of accidents, take
proper measures at his own cost, and notify Mobitel of the measures taken. The Vendor
shall be solely responsible, should any accident occur.
1.27.3 The Vendor shall not enter for any purpose, buildings other than those concerning with the
project, without obtaining the permission of the person in charge.
1.28
Oral Presentation
1.28.1 Mobitel, at its sole discretion, may ask the Vendor to make an oral presentation without
charge to Mobitel at Mobitel facilities.
1.29
Demonstration Of Product
1.29.1 Mobitel, at its sole discretion, may ask the Vendor to demonstrate their Product at Mobitel
facilities without charge to Mobitel. Mobitel will allow as much as a half day for Vendor
demonstrations.
1.29.2 Mobitel will request the Vendor to make recommendations with regard to the length of
demonstration before the demonstration is scheduled.
1.30
Project Responsibility
1.30.1 The Vendor will be responsible for maintenance and supply of required generator relating
to implementation including installation, providing technical and user training to Mobitel
staff, and providing adequate system documentation.
1.30.2 All services and implementation shall be supplied in a timely manner. Both Mobitel and the
Vendor will be responsible for working in a cooperative manner to meet timelines agreed to
by both parties.
1.31
Support Documentation
1.31.1 Mobitel, at its sole discretion, may ask the Vendor to provide to Mobitel, without charge,
one (1) complete set of PERMITTING documentation for evaluation purposes, including
but not limited to, a systems design manual, individual operations manuals, a user’s manual
and available training aids. Mobitel will sign a non-disclosure agreement if required.
1.32
Format For Response:
1.32.1 Cover Letter, Title Page and Signatures, Table of Contents
1.32.2 Executive Summary - Provide a general overview of the RFP offer.
RFP# MOB/ENG/25/06/15-014
Page 10
Confidential
1.32.3 Vendor background and qualifications - Include Vendor and executive information,
including management team and qualifications of key staff that would be working with
Mobitel. Please address the Vendor financial status (privately held, corporation, etc)
1.32.4 Customer references - Please include a list of five authorized references that Mobitel can
contact. Names and titles of contact persons must be included.
1.33
Addenda To The RFP
1.33.1 In the event that it becomes necessary to revise any part of this Request for Proosals,
addenda will be supplied.
1.34
Non-Disclosure Agreement
Guidelines;
(1)
The Complete NDA should be submitted
(2)
The NDA should be executed in the following manner
Company - By the persons authorized by the Company’s Articles of Association.
Generally it is a Director (in a single Director company) or Two Directors or a
Director and the Company Secretary. However in large companies delegation takes
place as such a Manager or other official might be authorized to sign the NDA on
behalf of the Company. In the latter case please obtain a copy of the document by
which the Board has given authority to the individual to sign on behalf of the
Company. Plus the rubber seal (or the common seal if available) of the company to
be placed on the NDA (this is required for the purpose of refuting any allegations
that might be made by the other party on the basis that the NDA was signed by a
person not authorized by Company.
(3) The two witnesses should place their signatures (the witnesses by placing their
signatures would be witnessing the placing of the signatories’ signatures)
(4) NDA should be submitted in two copies
NOTE - IF a NDA has already been executed with Mobitel, it is not necessary
to submit a separate NDA with this RFP.
RFP# MOB/ENG/25/06/15-014
Page 11
Confidential
1.35
Correspondence
1.35.1 The Vendor will name a representative to communicate with Mobitel. The representative
must be a person authorized to negotiate a contract in the company’s name. The Vendor
must also identify a person who will act as the Vendor’s contract administrator. This person
or a successor must have full authority to resolve disputes with Mobitel.
1.35.2 Any correspondence in this regard should be sent in writing, e-mail to the following
address. All communications about this Request for Proposal must be directed through the
following officer who is co-ordinator for this RFP.
Assistant Manager- Procurement
Mobitel (Pvt) Ltd
108, W.A.D. Ramanayake Mawatha
Colombo 2.
Tel: 0716 910 401
e-mail: chanakai@mobitel.lk
RFP# MOB/ENG/25/06/15-014
Page 12
Confidential
Section 2 – TECHNICAL SPECIFICATION SHEET FOR
SUPPLY INSTALLATION AND COMMISSIONING
DELIVERY OF 1500kVA or 2000kVA SOUND PROOF
GENERATOR
2.1
System Parameters
a) System Voltage
b) System Frequency
c) Method of Earthing
2.2
-
380 - 415 V, Three Phase
50 Hz
Star point solidlyEarthed
Service Conditions
The generator shall be suitable for operating satisfactorily, as per BS-5000 and BS-5514
referred in clause 5, 6 and 7 or any other, under the following service conditions at site.
a)
b)
c)
d)
2.3
2.3.1
Annual average ambient temperature
Maximum ambient temperature
Maximum relative humidity
Altitude
300 C
600 C
70 – 100%
Sea level to 2000 m
Design Data
Engine
Specification
a) Rated continuous output
b) Over load rating
c)
d)
e)
f)
Power factor
Voltage
Frequency
Speed
g) Deviation factor for waveform
h) Insulation class
Protection Class
1500kVA proposal
Not
less
than
1200kW electrical
10% (For one hour
per 12 hours)
0.8
415/230 V
50 Hz -/+ 1%
1500
RPM
(
nominal )
5%
H
IP42
2000kVA proposal
Not
less
than
1600kW electrical
10% (For one hour
per 12 hours)
0.8
415/230 V
50 Hz -/+ 1%
1500
RPM
(
nominal )
5%
H
IP42
2.3.1.1 The diesel engine shall be water-cooled, four stroke, direct injection, Rotary,
industrial type and shall be allow easy maintenance. The filters, plugs and discharge
cocks shall be easily accessible.
2.3.1.2 The engine model should have been in production for at least two years without
substantial modification. Supplier has to confirm the availability of the spare parts for
10 years from purchased date.
RFP# MOB/ENG/25/06/15-014
Page 13
Confidential
2.3.1.3 Preference will be given to engine models, which have been proved satisfactory in
operation in Sri Lanka and produced by a manufacturer represented in Sri Lanka by a
competent service agent.
2.3.1.4 Lubrication of the engine shall be by means of an engine driven integral pump.
2.3.1.5 Prime Pump (Manual operation before starting) shall be available with the generator
2.3.1.6 The equipment shall include an adequately rated lead/acid starter battery together
with a transformer type battery charger. The battery charger shall have a continuous
output rating sufficient to recharge the battery to full charged condition in a period of
8 hours. There shall be a charging alternator driven from the engine to charge
batteries during the generator operation.
2.3.1.7 The engine shall be fitted with a speed governor capable of regulating the speed
within 4% of the rated speed.
2.3.1.8 The following protection devices and alarms shall be supplied with each engine.
a) High lubricating oil temperature
b) High engine jacket cooling water temperature
c) Engine over speed
2.3.2
Generator
2.3.2.1 The generator shall comply with IEC34 and shall be of the brush-less type. A sturdy
elastic coupling shall connect the engine and the generator and both shall be mounted
on a common base plate.
Specification
a) Main line circuit breaker
b) Protection Level
c) Insulation Class
d) Voltage
1500kVA proposal
2500A
IP42
H
415/230 V
2000kVA proposal
3200A
IP42
H
415/230 V
2.3.2.2 Bidder shall install Space heaters (anti condensation heater) in the alternator to avoid
condensation.
2.3.2.3 The degree of protection for the generator and exciter shall be not less than IP42. The
generator shall be complete with all necessary cooling fans, excitation and voltage
regulating equipment.
2.3.2.4 The generator shall be star connected.
RFP# MOB/ENG/25/06/15-014
Page 14
Confidential
2.3.2.5 The generator shall be capable of maintaining its continuous maximum rated output
when operating within -/+ 5% of rated voltage and at rated power factor.
2.3.2.6 The voltage regulation from no load to full load shall be not more than -/+ 2½%.
2.3.2.7 The excitation system shall sustain excitation during fault conditions and also
isolation of faulty feeders without affecting the generator supply.
2.3.2.8 The generator shall be able to sustain 10% overload for one hour at intervals less than
12 hours.
2.3.3
Exhaust and Canopy
2.3.3.1 The exhaust pipe shall be supplied with a silencer suitable for operation to limit the
overall noise level of the generator (including the soundproof canopy) to 75 dBA at a
distance from 1 meter from the diesel generator with proper keys for the doors. If a
Local Manufactured canopy is offered, bidder shall offer a comprehensive warranty
of 5 years for all items.
2.3.3.2 A diesel tank shall be supplied with the generator for a minimum of 8 hour
backup at prime rated capacity which has to place inside the available space of
the generator room. It shall be supplied with a suitable level indicator for the
visual inspection.
2.3.4
Control Panel
Gen control Panel needs to be provided as a separate panel with the Canopy. Necessary
protection needs to be provided against hash climatic conditions. Control panel shall have a
lockable front door without interchangeable keys and all instruments and circuit breakers
shall be flush mounted. All instruments and equipment in the in the panel shall be reputed
makes confirming to the relevant IEC/British standard specifications or equivalent. Control
panel shall consist of (or shall have functionality if a module is used)
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
Voltmeter
Ammeter
Frequency meter
Emergency stop
Main circuit breaker
Battery Charger
Engine start push button
Engine stop push button
Hours run indicator
Speed indicator
Lub oil pressure indicator
Cooling water temperature and level indicator
Lamp test pushbutton
Mode selector switch: Test with load / Auto / Test without load
RFP# MOB/ENG/25/06/15-014
Page 15
Confidential
o)
p)
q)
r)
s)
t)
u)
Delay on start timer
Delay on transfer timer
Cool down timer
Maintenance control key switch
Manual mains to load bypass switch
Auto / Manual retransfer selector
earth fault, over current, reverse power indication and auto shutdown.
2.3.4.1 Pre-Alarm indication, which precede with shutdown situation
a)
b)
c)
d)
2.3.5
Low lube oil pressure
High cooling water temperature
Engine over speed
Generator over voltage
ATS panel
2.3.5.1 ATS panel shall be quoted as a separate item for both 1.5MVA and 2MVA proposals
respectively.
2.3.5.2 The scope shall cover supply, installation, cable laying and termination.
2.3.5.3 Vendor shall provide all necessary protection for ATS for transients and
2.3.5.4 ATS Panel shall be supplies as a separate Panel. Following status indication should
be available. Offering a Factory Fitted ATS is mandatory. If a Local Manufactured
ATS is offered, bidder shall offer a comprehensive warranty of 3 years for all items.
a)
b)
c)
d)
Mains available
Mains on load
Generator available
Generator on load
2.3.5.5 Following controls/Functionalities shall be available
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
2.3.6
Mode selector switch: Test with load / Auto / Test without load
Mains voltage sensing relay ( 1Phase or 3Phase )
Delay on start timer
Generator voltage sensing relays
Delay on transfer timer
Cool down timer
Maintenance control key switch
Lamp test push button
Manual mains to load bypass switch
Auto / Manual retransfer selector
Alarm Extension
2.3.6.1 Vendor shall provide alarm extension through the same alarm monitoring system
existing in Mobitel. Cabling drawing works has to complete by the vendor with
RFP# MOB/ENG/25/06/15-014
Page 16
Confidential
necessary protection for the cable. Underground cables needs to drew through Heavy
duty GI pipes with bending
1. Generator on Load
2. Generator tank fuel low alarm – this has to appear at a level of 100 liters in the
tank
3. Generator fault
2.3.6.2 (Providing these options are compulsory item and any proposal could be supplies as a
separate option with pricing)
2.3.6.3 Optional Solution to be submitted to remote monitoring of the performance of the
diesel generator compatible with the existing system,
Main functionalities;
a) Status of the gen Operation / Alarms
b) Hour meter
c) Fueling History and Fuel consumption quarrying.
2.3.7
Information to be supplied with the offer
The following shall be furnished with the offer separately for both options.
a) Compliance sheet to the Specification sheet (as at 1.7 and Annexure 1)
b) Catalog, Manufacture technical broachers describing all equipment indicating the type
and model number.
c) OEM product catalog/documentation for the 3rd party products
d) Technical literature describing the operational feature of all equipment in English.
e) Constructional features, materials used for components and relevant technical
literature.
f) Complete dimensional drawing
g) Pricing schedule for Total cost Ownership 1.4
h) Offered service agreement
i) List of names and address of purchasers in Sri Lanka.
j) Manufacturing experience and proven service record for the engine and generator
offered.
k) After sales service supplied by the Bidder.
l) Regional generator service and repair center details
a) Regional center locations
b) Number of technicians at a regional center dedicated to generator repair and
maintenance
c) Nature of repair that can be handled through regional centers
l) Period and nature of guarantee
m) Past deployment history and reference site details
n) Quality assurance certificate
o) Country of origin
p) Proposed delivery plan from the date of LC.
2.3.8
Spare parts
The Bidder shall confirm that he will maintain sufficient stock of spare parts for ten years
of trouble free operation and include a list of spares and per unit cost of each item.
RFP# MOB/ENG/25/06/15-014
Page 17
Confidential
2.3.9
Handing over
When handing over the generator following items shall be handed over. All documents
shall be in English.
a)
b)
c)
d)
e)
2.3.10
Spare parts manual
Maintenance manual
Electrical diagram
Manufacturers test certificate
Operational manual
Training and Performance Test
2.3.10.1Bidder should arrange a training session at the products originating facilities on
Maintenance of Generators for 3 personnel with all travel, accommodation free of
charge to Mobitel.
2.3.10.2Bidder shall provide an operation and maintenance session at site for Mobitel
technical staff after commissioning at site.
2.3.10.3Bidder shall arrange a load test with a separate load bank and test the generator
performance (temperature rise, sound level, voltage regulation, fuel consumption,
etc) for 50%, 75%, 100% and 110% of the load during the commissioning of the
generator and provide all necessary equipments for the testing with no cost to
Mobitel.
2.3.11
Generator soundproof room
2.3.11.1Bidder shall participate for a site visit prior to submit quotations to fully identify the
scope of the room on a given date and time by Mobitel.
2.3.11.2Bidder shall arrange cable and cable termination to the ATS.
2.3.11.3Bidder shall give separate quotations and technical details for following options
separately for both 1.5MVA and 2MVA proposals;
a)
Construction of new generator room.
2.3.11.3.a.1 Sound level shall be maintained as 70dB at 1m.
2.3.11.3.a.2 All design and implementation of civil, cabling, sound attenuation, wiring,
etc (total scope) has to conducted by the bidder
b)
Installation of the generator in the existing generator room
2.3.11.3.b.1 The scope comprises of; removal of existing generator to outside the room,
modification of the sound attenuation and air floor system, installation and
commissioning of the new unit inside the room, all finishing works of the
generator room.
2.3.11.3.b.2 Bidder shall install proper ventilation system. If natural ventilation is not
enough, a forced draft system has to be installed.
c)
Submission of a design for a generator room to be implemented through a 3 rd
party.
RFP# MOB/ENG/25/06/15-014
Page 18
Confidential
2.3.11.3.c.1 A comprehensive design shall be submitted by the bidder including
recommendations on dimensions.
2.3.11.3.c.2 Bidder shall arrange at least 2 visits to the site during the implementation for
the supervision.
2.3.11.3.c.3 Bidder shall transport, position, install and commission the generator after
the installation of the generator room is completed.
d)
Installation of the generator inside movable a soundproof trailer
2.3.11.3.d.1 Bidder shall give a warranty of 5 years for the trailer and the soundproof
container over corrosion
2.3.11.3.d.2 Bidder shall install a bus bar chamber arrange all cable terminations
RFP# MOB/ENG/25/06/15-014
Page 19
Confidential
Annexure I – Check list of Technical details
(Need to submit two separate sheets for 1500kVA and 2000kVA units)
1.1 Technical detail sheet
Generator Capacity
Generator Model
Engine
Make
Model
Country of Origin
Alternator
Make
Model
Country of Origin
Cooling system
Sound Level
@1m with 100% Load
Gen Control Unit
Local
Sound proof canopy
Factory Fitted
Local
Factory Fitted
ATS Panel
Local
Factory Fitted
Delivery Period
Warranty ( 3 Years or 1500
hours Comprehensive)
RFP# MOB/ENG/25/06/15-014
Page 20
Confidential
1.2 Complies Sheet
Complies Sheet
Yes/No
1.0 System
Parameters
2.0
Service
Conditions
a)
System Voltage
380 - 415 V,
Three Phase
b)
C)
System Frequency
Method of Earthing
50 Hz
Star point solidly
Earthed
d)
Rated continuous
output
a)
Annual average
ambient temperature
b) Maximum ambient
temperature
c) Maximum relative
humidity
d)
Altitude
3.0
Data
Design
a)
Rated continuous
output
b)
Over load rating
c)
Power factor
d) Voltage
e)
Frequency
f)
Speed
g)
Deviation factor for
waveform
h)
Insulation class
i)
Protection Class
3.1
Engine
3.2.
Generator
3.3
Exhaust and
Canopy
3.4 Fuel Consumption as
at (Electrical power output)
3.4 Sound level with
Sound proof Canopy @ 1m
(Electrical power output)
4.0. Control
Panel
Comment
300 C
600 C
70 – 100%
Sea level to 1000
m
10% (For one
hour per 12 hours)
0.8
415/230 V
50 Hz -/+ 1%
1500 RPM
5%
H
IP42
100% Electrical
75% Electrical
50% Electrical
100% Electrical
75% Electrical
50% Electrical
4.1 Control panel
compliancy
4.2 Pre-Alarm indication,
which precede with
shutdown situation
RFP# MOB/ENG/25/06/15-014
Page 21
Confidential
4.3 Offering of Monitoring
System
5.0 Fuel Tank (400L as requested in the Tech Specs)
6.0 ATS panel accordance with the request
7.0 Extension of Alarm provided
8.0 Information to be supplied with the offer included
9.0 Spare parts availability
10.0 Handing over agreed as per the request
11.0 Product training as per the request
12.0 Product testing as per the request
13.0 Service Agreement
14.0 OEM supplier product code confirmation letters
15.0 Alternative Products & POC criteria
RFP# MOB/ENG/25/06/15-014
Page 22
Confidential
1.3. Proposed Commissioning Sheet
Check list for Commissioning Gens
Site ID and
site:……………………………………………………...
Generator Make & Model
Mobitel Asset Code
Generator Serial Number
Capacity (kVA)
1.0
1.1
Generator Operating Test
Measurement of Output
No-load
1.1.1
Voltage (L1,L2,L3)
1.1.2
Frequency
Remarks/Issues
On-load (connect the site as the load)
1.1.3
Voltage (L1,L2,L3)
1.1.4
Current (L1,L2,L3)
1.1.5
Frequency
1.2
Charging Alternator
1.3
Battery Charger
1.4
Battery
1.5
ATS panel
1.5.1 Auto start
1.5.2 Manual start
2.0
Cable
2.1
Power armored cable
3.0
Grounding
3.1
Earth tape connected to the earth ring
3.2
Armored cable grounding
3.3
Canopy grounding
4.1
4.2
5.0
Gen Mounting with anchor bolts
Diesel tank (no visible leakage)
Sound level and % load at measurement
5.0
Any other issues noticed
……………………………………………………
……………………………….
Name and the signature of the Mobitel
officer
:
Name and the signature of the supplier
officer
:
………………………………………………………
………………………………….
Date
:
RFP# MOB/ENG/25/06/15-014
Page 23
Confidential
2.4 Service agreement
2.4.1
Service period shall be defined by the Bidding Party
2.4.2
bidder shall provide 4 free services for the unit
2.4.3
bidder shall mention the TBO (time between overhaul) in the proposal (Preferred over
9000Hours for top end overhauls & 27Hours for major overhauls)
2.4.4
bidder shall provide the list of running spares for 2 years and the cost of each item
2.4.5
Bidder shall provide a letter of confirmation on availability of spares for the next 10 year
from principles.
2.4.6
Service attention shall include:
1. Routine service and cleaning, lubricating where necessary, changing of oil and various
filter elements, checking and filling coolant(to the recommended level) and if requested
addition of water treatment, checking electrolyte level of batteries. V- Belt tensioning,
checking turbo charger for leaks, inspecting hoses, pipes etc., checking proper working
of safety devices, wiring connections for any looseness etc.,
2. The scope of the service attention specifically excludes the supply of any Lubricants,
Filters, Electronic Circuit Boards, worn or damaged parts which if required will be charged
extra. Servicing Party need to submit an estimate for the cost of replacement of such parts
and obtain prior approval of USER before such supply / installation is carried out.
3. Service shall be carried out at every 6 months during the continuance of the agreement.
These services will be referred to as “Schedule Services” and will be carried out at the
place of normal use of the EQUIPMENT. USER will inform SERVICE Agent for the
service when the running hours reach 200 hours if the Generator has to run longer hours in
the event of mains power failure.
4. Apart from the “Schedule Services” referred above SERVICE Agent shall also carry out
additional service calls if required. Such calls will be referred to as “Unscheduled Services”
and will be paid accordingly. The emergency breakdown calls will be attended within 4
hours on a 24x7 criteria.
RFP# MOB/ENG/25/06/15-014
Page 24
Confidential
SECTION 3 – Commercial Terms
Annexure II – Price format
LKR
CIF (Colombo)
– US$
Generator – Make
Model
Engine – Make
Model
Alternator – Make
Model
Total Cost – LKR Excluding Tax
Cost of Generator
Sound Proof Canopy/ Attenuators
Factory Fitted
Local
Fuel Tank
ATS Panel (as per technical
requirement)
Factory Fitted
Local
ATS Panel (LKR)
Warehousing Charges (optional)
Total Cost
Factory fitted
Local
Per unit per Month
(LKR.)
Payment Terms
Duty Free basis (CIF-Colombo)
Currency quoted (US$)
Conversion Rate
Delivery Period from P/O
Delivery Period from P/O (from LC date)
Validity of Prices (days)
Warranty
Rates for the installation
Transport, Installation and Commissioning Cost (LKR)
RFP# MOB/ENG/25/06/15-014
Page 25
Confidential
Transport, installation and commissioning of the
generator including cabling etc.
Installation as per 2.3.11-a
Installation as per 2.3.11-b
Installation as per 2.3.11-c
Installation as per 2.3.11-d
Notes:
1. Please expand on above line products if required in keeping with format.
2. Validity of offer – 90 days
3. Credit terms – L/C- 90days for Supply of Generator
-
45 Days Credit from invoice receipt days for installation &
commissioning
4. Price offer to be signed by Authorized Signatory of the Company.
5. Transport from Port to Vendors warehouse to be borne by Vendor.
6. Copy of Service agreement and spares price list (validity of 1 year)
RFP# MOB/ENG/25/06/15-014
Page 26
Confidential
Annexure III – Bid Bond Format
Gtee Ref
Date of Issue
Bene Name :
Mobitel (Private)Limited
Address
No 108 W.A.D.RamanayakeMawatha
Colombo 2,
Sri Lanka.
AT THE REQUEST OF Applicant Name & Address, WE DO HEREBY UNDERTAKE AND
AGREE UNCONDITIONALLY AND IRREVOCABLY AND GUARANTEE TO PAY ON
FIRST DEMAND WITHOUT CAVIL, ARGUMENT AND OR ANY REQUIREMENT BY
MOBITEL (PRIVATE) LIMITED TO ADDUCE REASONS, PROOF OR CONDITION AND
WITHOUT ANY OBJECTION WHATSOEVER BY US, ALL MONEYS THAT MAY BE
CLAIMED AND/OR DEMANDED BY YOU AS
PAYMENT DUE ON THE
………………………AGREEMENT BETWEEN THE PARTIES.
WE FURTHER
UNDERTAKE THAT, IN THE EVENT REASONS HAVE BEEN FURNISHED IN THE SAID
DEMAND, THE SAID REASONS SUPPLIED THEREIN SHALL NOT BE QUESTIONED OR
DISPUTED BY US.
EVERY DEMAND HEREUNDER SHALL BE IN WRITING FOR SPECIFIC AMOUNTS
UNDER THE HAND OF THE MOBITEL (PRIVATE) LIMITED AND SHALL CERTIFY THAT
THE SAID Applicant Name
HAVING BECOME LIABLE TO PAY UNDER THE
AGREEMENT BETWEEN THE PARTIES, FAILED TO PAY THE SAME WHEN SO
REQUESTED BY OR ON BEHALF OF THE MOBITEL (PRIVATE) LIMITED AND SHALL
BE ADDRESSED TO THE MANAGER, bank and address DELIVERED AT OUR COUNTERS
AT address, AT OR BEFORE 12 NOON ON ……………… (Expiry Date being 18 months from
date of issue), AND IN CASE THE SAID Expiry date SHALL BE A BANK HOLIDAY, THEN
AND OR 12 NOON ON THE FIRST BANK NORMAL WORKING DAY THEREAFTER.
OUR MAXIMUM LIABILITY HEREUNDER SHALL NOT IN ANY EVENT EXCEED THE
SUM OF SRI LANKAN RUPEES …………………………………… (LKR……………).
EVERY PAYMENT MADE BY US THEREUNDER SHALL BE A PRO TANTO DISCHARGE
OF OUR LIAIBITY THEREUNDER.
THIS GUARANTEE SHALL BECOME AUTOMATICALLY NULL AND VOID AND CEASE
TO BE OF ANY FORCE OR AVAIL IN LAW AFTER 12 NOON ON THE SAID Expiry Date
(AND IN CASE THE SAID DATE SHALL BE A BANK HOLIDAY THEN AFTER 12 NOON
ON THE FIRST BANK NORMAL WORKING DAY THEREAFTER) AND OUR LIABILITY
HEREUNDER SHALL BE COMPLETELY EXTINGUISHED AFTER 12 NOON ON THE SAID
DATE (OR AFTER 12 NOON ON THE FIRST NORMAL WORKING DAY THEREAFTER, AS
THE CASE MAY BE) WHETHER OR NOT THE ORIGINAL OF THIS LETTER OF
GUARANTEE IS RETURNED TO US DULY DISCHARGED EXCEPT ONLY IN RESPECT
OF DEMANDS FOR SPECIFIC AMOUNTS FORMULATED AND CERTIFIED IN MANNER
AFORESAID AND DULY RECEIVED FROM YOU BY US AT OUR COUNTERS AT (address
RFP# MOB/ENG/25/06/15-014
Page 27
Confidential
of the bank) AS AFORESAID UNDER THIS GUARANTEE AT OR BEFORE 12 NOON ON
THE SAID Expiry Date (OR AT OR BEFORE 12 NOON ON THE FIRST BANK NORMAL
WORKING DAY THEREAFTER, AS THE CASE MAY BE).
WE AGREE THAT ANY CHANGE OR ADDITION TO OR OTHER MODIFICATION OF THE
TERMS OF ANY CONTRACT BETWEEN THE PARTIES SHALL NOT IN ANY WAY
RELEASE US FROM ANY LIABILITY UNDER THIS GUARANTEE.
THIS BANK GUARANTEE SHALL BE GOVERNED BY THE LAWS OF SRI LANKA
DATED AT COLOMBO ON THIS ………….DAY OF 2012.
Bank
Location
AUTHORIZED SIGNATORY
RFP# MOB/ENG/25/06/15-014
Page 28
Confidential
Annexure III - AGREEMENT ON NON-DISCLOSURE
RESTRICTION OF USE OF MATERIAL
AND
THIS AGREEMENT made and entered into on this …….. day of
……………………………… Two Thousand and Fifteen (2015).
By and Between
………………………………………………., a Company incorporated under the
Companies Act, No.7 of 2007 under the Registration No. PV …….. and, having its
registered office at at ……………………………………………… (hereafter
referred to as "………" which expression shall, unless repugnant to the context or
meaning
thereof,
be
deemed
to
mean
and
include
………………………………………………………its successors and permitted
assigns) of the ONE PART.
And
MOBITEL (PRIVATE) LIMITED a Company incorporated under the
Companies Act, No.7 of 2007 under the Registration No. PV 9478 and, having its
registered office at 108, W.A.D. Ramanayake Mawatha, Colombo 02, Sri Lanka
(hereafter referred to as “Mobitel” which expression shall include, unless explicitly
excluded, MOBITEL (PRIVATE) LIMITED, its successors-in-interest and
permitted assigns) of the OTHER PART.
Mobitel and ………………are hereinafter jointly referred to as “Parties” and individually as “Party”.
WHEREAS
……………………..
………………………………………………..
is
engaged
in
WHEREAS Mobitel is carrying on the business of providing mobile telecommunication cellular services ;
AND WHEREAS the Parties wish to protect and preserve the confidential and/or
proprietary nature of information and materials to be disclosed or made available
by either Party (hereinafter referred to as the “Disclosing Party”) to the other Party
(hereinafter referred to as the “Receiving Party”) in connection with exploring a
business opportunity including and not limited to certain discussions, negotiations
or dealings between the Parties (“Purpose”) in accordance with the terms and
conditions set forth herein;
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY
AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1.
To facilitate discussions, meetings and the conduct of business, as may from time to
time occur, between the parties in connection with the proposed business
RFP# MOB/ENG/25/06/15-014
Page 29
Confidential
relationship between the two parties, it may be necessary for either party to
disclose to the other technical, customer, personnel and/or business information in
written, graphic, oral or other tangible or intangible forms, clearly marked or
labeled "Confidential" or "Proprietary" (or with a similar legend), including, but not
limited to specifications, records, data, computer programs, drawing, know-how,
notes, model reports and samples, idea, invention (whether patentable or not),
process, technique, algorithm, computer program (source and object code), design,
schematic, drawing, formula, data, product development plan, strategy, forecast and
other technical, engineering, manufacturing, product, marketing, servicing,
financial, personnel, human resources, and other information and materials, such
information may contain proprietary, private or confidential material, or material
subject to applicable laws regarding secrecy of communications or trade secrets
[hereinafter referred to as “Confidential Information”].
2.
Each party acknowledges and agrees:
a.
That all Confidential Information acquired by the Receiving Party from the
Disclosing Party shall be and shall remain the exclusive property of the
Disclosing Party. Except as may be otherwise agreed to in writing, no
warranties of any kind, whether express or implied, are given by Disclosing
Party with respect to any Confidential Information or any use thereof;
b.
To consider all the information exchanged between the parties as
Confidential Information unless otherwise agreed between the Parties at the
time of disclosure.
c.
That information that is disclosed orally between the Parties should
be considered by the Receiving Party as Confidential Information.
d
e.
To receive in confidence any Confidential Information; to limit access to such
Confidential information to authorized employees on a need to know basis of the
Confidential Information in order for the Receiving Party to participate in the
matter of mutual interest described above; and not to disclose such Confidential
Information to others which includes other entities and persons who are not fulltime, regular employees of the Receiving Party , but exclude consultants and
advisors provided that such Consultants and advisors have signed similar
confidentiality agreements with the Receiving Party or authorize anyone else to
discuss such Confidential Information to others without the prior written approval
of the Disclosing Party.
To use such Confidential Information only for the Purpose or specified by the
Disclosing Party.
f.
That all the Confidential Information in written, graphic or other tangible form
furnished hereunder shall remain the property of the Disclosing Party and
shall (i) be returned to the Disclosing Party at its written request , together
with their Derivations (as defined below), including all copies made thereof
by the Receiving Party, and (ii) the Receiving Party shall promptly erase or
destroy all Confidential Information, Derivations, and copies thereof if
RFP# MOB/ENG/25/06/15-014
Page 30
Confidential
recorded and stored in an electronic medium (as an example: computer
discs, tapes, flash drives, etc). Upon written request by the Disclosing
Party, an officer of the Receiving Party shall certify the following in
writing: (a) the return of all tangible records containing Confidential
Information, Derivations, and copies thereof; (b) the destruction or erasure
thereof, if the Confidential Information and/or Derivations are stored in an
electronic medium as provided above; (c) of the discontinued use and its
intent not to continue to use the Confidential Information; and (d) its
compliance with the requirements of this Section 4. Derivations are defined
as documents or records, in intangible or tangible form, or on electronic
media, describing, summarizing, reproducing, or re-disclosing the
Confidential Information, whether in whole or in part, or any extracts
thereof.
g.
Notwithstanding the term hereof, to treat all Confidential Information as
provided herein until such time as the Parties mutually agree in writing that
such treatment is no longer warranted; and
h
Neither disclosure of Confidential Information nor this Agreement shall be
construed as a license to make, use or sell the Confidential Information to
products derived there from.
i
3.
Subject to Clause 3 below the release of any information,
Confidential or otherwise, should be with the prior written approval of the
Disclosing Party.
j
That the Receiving Party shall maintain all Confidential Information of the
Disclosing Party in trust and strict confidence for the sole benefit of
Disclosing Party and shall not disclose such Confidential Information to any
third party without Disclosing Party’s prior written consent.
k.
That the Receiving Party shall take all reasonable measures, but in any event
no less than the same degree of care that it uses to protect its own
confidential and proprietary information of similar nature and importance, to
protect the confidentiality and avoid the unauthorized use, disclosure,
publication, or dissemination of Disclosing Party’s Confidential
Information.
l.
That the Receiving Party shall not remove, overprint, or deface any notice of
confidentiality, copyright, trademark, logo, legend, or other notices of
ownership from any originals or copies of Confidential Information it
obtains from the Disclosing Party.
These obligations do not apply to Confidential Information which:
a.
As shown by reasonably documented proof, was in the Receiving Party’s
possession prior to receipt thereof from the Disclosing Party; and
RFP# MOB/ENG/25/06/15-014
Page 31
Confidential
b.
As shown by reasonably documented proof, was received by the Receiving
Party in good faith from a third party not subject to a confidential obligation
to the Disclosing Party; or
c.
is or becomes publicly known through no breach of confidentiality
obligation by the Receiving Party; or
d.
Is disclosed to a third party by the Disclosing Party without a similar nondisclosure restriction; or
e.
Is disclosed pursuant to a requirement imposed by a Government agency or
is otherwise required to be disclosed by operation of law, except that prior to
any disclosure pursuant to this sub-section, the Receiving Party receiving
the request for the information shall notify the Disclosing Party in writing
and shall give the Disclosing Party an opportunity to participate in objecting
to production of the Confidential Information and shall cooperate fully with
Disclosing Party in protecting against any such disclosure and/or obtaining a
protective order narrowing the scope of such disclosure and/or use of the
Confidential information; or
f.
Was developed by the Receiving Party independently without having access
to any of the Confidential Information received from the Disclosing Party.
g.
Is authorized in writing by the source to be released or is designated in
writing by the source as no longer being Confidential or proprietary.
4.
Business Relationships.
4.1
Each Party acknowledges that the other Party's employees and contractors are
valuable business assets. Each Party agrees that, during the period until the Purpose
is completed and for one (1) year thereafter, it shall not (for itself or for any third
party) divert or attempt to divert from the other Party any employee or contractor,
through solicitation or otherwise.
5.
Nothing contained in this Agreement shall act to prevent any one or all of the
Parties hereto from concurrently or otherwise discussing or planning similar
projects with non-parties to this Agreement so long as the non-disclosure aspects of
this Agreement are not violated. Neither Party shall discuss or disclose in writing or
by any other means to any third party, any information knowingly allusive to any
Confidential Information.
6.
Except as provided herein, no right or license whatsoever, either expressed or
implied is granted to the Receiving Party pursuant to the Agreement under any
trade secret, know-how, patent, patent application , trademark, copyright or other
proprietary right now or hereafter owned or controlled by the Disclosing Party or its
successors or permitted assigns.
RFP# MOB/ENG/25/06/15-014
Page 32
Confidential
7.
It is agreed that a violation of any of the provisions of this Agreement will cause
irreparable harm and injury to the non-violating Party and that Party shall be
entitled, in addition to any other rights and remedies it may have at law or in equity,
to an injunction enjoining and restraining the violating Party from doing or
continuing to do any such act and any other violations or anticipatory violations of
this Agreement. Except in showing of willful violation of this Agreement, neither
Party shall be liable to the other, whether in contract or in tort or otherwise, for
special, indirect, incidental or consequential damages.
8.
Neither this Agreement nor provision of Confidential Information pursuant to it
shall be construed as an agreement, commitment, promise or representation by
either Party to do business with the other or to do anything except as set out
specifically in this Agreement.
9.
This Agreement shall be construed in accordance with the laws of Sri Lanka and be
subject to the jurisdiction of the Courts of Sri Lanka.
10.
This Agreement shall be binding on agents, successors and permitted assigns of the
Parties.
11.
This Agreement is the entire agreement between the Parties with respect to
nondisclosure of Confidential Information pertaining to the matters stated above
and suspends all prior agreements and understandings with respect to this subject.
This Agreement shall not be assigned or transferred by either Party without the
prior written consent of the other Party.
12.
Unless terminated earlier by written notice without prejudice to any rights and
obligations of this Agreement, this Agreement shall remain in force for a period of
five years from “from the date of signing hereof”. Provided however the provisions
relating to’ Confidentiality’ shall survive any termination.
13.
.Any doubt, dispute, controversy, and, or claim arising out of or in connection with
this agreement and any subsequent amendments thereto including without limitation
its formation, interpretation or on the rights, duties, obligations, or liabilities of any
party thereto or on the operation, breach, termination, existence or validity thereof
including non contractual claims whether during or after its termination shall be
referred to and finally determined and settled by Arbitration by a panel of three
Arbitrators in accordance with the provisions of the Arbitration Act No. 11 of 1995.
The Arbitration will be held in Colombo Sri Lanka and will be conducted in the
English Language.
14.
MISCELLANEOUS
14.1
The waiver by either Party of a breach of or a default under any provision of this
Agreement shall not be construed as a waiver of any subsequent breach of or
default under the same or any other provision of this Agreement, nor shall any
delay or omission on the part of either Party to exercise or avail itself of any right or
RFP# MOB/ENG/25/06/15-014
Page 33
Confidential
remedy that it has or may have hereunder operate as a waiver of any right or
remedy. In the event that any of the provisions of this Agreement shall be held by a
court or other tribunal of competent jurisdiction be invalid or unenforceable, the
remaining portions hereof shall remain in full force and effect, and such provision
shall be enforced to the maximum extent possible so as to effect the intent of the
Parties and shall be reformed to the extent necessary to make such provision valid
and enforceable. The Parties are independent contractors, and neither Party shall
have any authority of any kind to bind the other Party in any respect whatsoever.
IN WITNESS WHEREOF Common Seal of Mobitel and the Common Seal or Signature
of the authorized representative of ………………… are placed hereunto and to one other
of the same tenor and date as these presents on the date mentioned at beginning hereof
The Common Seal of MOBITEL (PRIVATE)
LIMITED is affixed hereunto in the presence of
Mr. P. G. Kumarasingha, the Chairman and
Corporate Advisory Services (Private) Limited
the Secretaries to the Company
Who do hereby attest the sealing hereof
Witnesses
Signature
Name
1.
………………………..
……………………………
2.
………………………..
……………………………
The Common Seal of
……………………………………………is affixed hereunto in the
presence of
And
who attest the
Sealing hereof
RFP# MOB/ENG/25/06/15-014
Page 34
Confidential
Witnesses:
Signature
Name
1.
………………………..
……………………………
2.
………………………..
……………………………
RFP# MOB/ENG/25/06/15-014
Page 35