CDS and Clearing Ltd.
CDS and Clearing Ltd.
BIDDING DOCUMENT
for
Supply, Delivery, Installation and
Commissioning of Hardware and System
Software for Setting up of Central
Depository and Clearing & Settlement
System in Nepal
Re-Tender Issued on: February 17, 2011
Tender No: CDSC/01/067-68
CDS and Clearing Limited (CDSC), Singh Durbar Plaza,
Kathmandu, Nepal.
TEL: 977-1- 4250759,
FAX: 977-1- 4262538
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E-mail: vgurung@nepalstock.com
Website: http://www.cdscnp.com
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Table of Contents
Invitation for Bids
PART 1 – Bidding Procedures
Invitation for Bid ..........................................................................6-7
Section I: Instructions to Bidders (ITB).........................................8-28
Section II: Bidding Data Sheet (BDS)..............................................29-31
Section III: Qualification Criteria......................................................32-33
Section IV: Bidding Form..................................................................34-42
PART 2 – Supply Requirements
Section V: Schedule of Requirements (SOR)........................................43-45
Section VI: Schedule of Prices (SOP)....................................................46-53
PART 3 – Conditions of Contract and Contract Forms
Section VII. General Conditions of Contract.........................................54-72
Section VIII. Special Conditions of Contract..........................................73-78
Section IX. Contract Forms...................................................................79-83
PART 4 – Technical Specifications
Section X: General Technical Specification............................................84-93
Section XI: Detail Technical Specification..............................................94-111
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Abbreviations and Acronyms
AMC ……………………………………..
Annual Maintenance Contract
AT ………………………………………..
Acceptance Test
COC …………………………………….
Conditions of Contract
DCC …………………………………….
Delivery Completion Certificate
FAC …………………………………….
Final Acceptance Certificate
FAT …………………………………….
Final Acceptance Test
GoN …….……………………………….
Government Of Nepal
IFB …………………………………….
Invitation For Bids
ITB ……………………………………….
Instructions To Bidders
LOA ……………………………………..
Letter of Acceptance
LOI ……………………………………..
Letter of Intent
CDSC……………………………..……….
CDS and Clearing Ltd.
PAC …………………………………….
Provisional Acceptance Certificate
PAT …………………………………….
Provisional Acceptance Test
PPMO…………………………………….
Public Procurement Monitoring Office
SOP …………………………………….
Schedule of Prices
SOR …………………………………….
Schedule of Requirement
TDS ……………………………………….
Tax Deducted at Source
VAT .…………………………………….
Value Added Tax
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Glossary of Terms Used in this Document
Bidder: Bidder is a person or an entity who submits the bid document under this tender.
Blacklisting: It is enlisting or including the name of a person, affirm, or a company in a list seen as
unacceptable or untrustworthy. Once the name is included in such a list, the person or the company
is looked by suspicion and may not be allowed to participate in a bidding process.
Bid Price: The price quoted by the Bidder in Bid Form.
Bill of Quantities: The Priced and completed Bill of Quantities forming part of the Bid.
Contract: The Contract means the agreement entered into between the CDSC and the Supplier, as
recorded in the contract agreement form signed by the parties, including all amendments and
appendices thereto and all documents incorporated by reference therein;
Contract Award: It is the decision of CDSC to give responsibility to execute this job through contract
agreement signed with a successful bidder. The awardee is responsible to execute the contract as per
the agreement made with CDSC.
Corrupt Practice: It is the offering, giving, receiving, or soliciting, directly or indirectly, anything in
cash or kind to influence improperly the action of the other party.
Contract Price: The total price of all the goods and services included in the contract which will be
payable to the supplier on the fulfillment of all obligations under the contract.
Contract Document: The documents listed in the Agreement, including amendments thereto.
Subject to the order of precedence set forth in the Agreement, all documents forming the Contract
(and all parts thereof) are intended to be correlative, complementary and mutually explanatory
Corruption: It is the dishonest activity especially the involvement in bribery. Corruption in case of
construction projects is the action of the other party.
Completion: The fulfillment of the related services by the Supplier in accordance with the terms and
conditions set forth in the contract.
Delivery: The transfer of the Goods from the Supplier to the Purchaser in accordance with the terms
and conditions set forth in the contract.
Day: The calendar day.
Evaluated Price: The total price obtained after the Financial Evaluation.
Fraudulent Practice: It is a practice of gaining of a materials advantage dishonestly. It is a practice
that is false or impostor. It is any act or omission, including mis-representation that knowingly
misleads or attempts to mislead, a party to obtain a financial or other benefit or to avoid an
obligation.
Goods: All of the goods (Hardware and Software), which the supplier is required to supply and
deliver to the CDSC under the contract;
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
CDS and Clearing Ltd. (CDSC): The purchaser
Purchaser: The organization purchasing the Goods, i.e. CDS and Clearing Limited. (CDSC)
Supplier: The Supplier means the individual or firm supplying the goods under this contract;
Successful Bid: The Bid that substantially comply with the technical, commercial and financial
requirements of the tender and determined to be the lowest evaluated price after financial
Evaluation.
Service: The services ancillary to the supply of the Goods, such as transportation and insurance, and
any other incidental services, such as installation, commissioning, provision of technical assistance,
training, warranty, AMC and other such obligations of the Supplier covered under the Contract;
Corrected Bid Price: Total Bid price obtained after the arithmetical error corrections.
End of Abbreviations and Glossary
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Invitation for Bids (IFB)
CDS and Clearing Ltd. (CDSC),
Singh Durbar Plaza,
Kathmandu, Nepal.
Date: February 17, 2011
Name of Contract: Supply, Delivery, Installation and Commissioning of Hardware and system
software for setting up of Central Depository and Clearing & Settlement System in Nepal
Tender No: CDSC/01/067-68
1
The CDSC invites sealed bids from eligible bidders for the procurement of Hardware for
setting up of Central Depository and Clearing and Settlement System in Nepal. Bidding is
open to all eligible Domestic Bidders (Bidders from Nepal).
2
Eligible Bidders may obtain further information and inspect the bidding documents at the
following office of CDSC.
CDS and Clearing Ltd. (CDSC),
Singh Durbar Plaza,
Kathmandu, Nepal.
3
Tel. No.
Fax No.
E-Mail
:
:
:
977 1 4250759
977 1 4262538
vgurung@nepalstock.com
Website
:
http:/www.cdscnp.com
A complete set of bidding documents may be purchased by any eligible bidder from above
office on the submission of a written application to the above and upon payment of a nonrefundable fee of NRs. 5000.00(In Words: Nepalese Rupees: Five Thousand only).
If so requested, the Bidding Documents can also be sent by post/courier services upon
payment of additional cost of NRs. 6,000.00 (Nepalese Rupees: Six thousand only).
However, CDSC will not be responsible for delay or non-delivery of the documents so sent.
(Bid documents will be available in soft copy (in CD) as well as in hard copy. The offer shall
also be provided in the hard copy (documentation form) as well as in the form of soft copy in
CD (in Word, Excel and PDF Format). Soft copy will be used for the easiness of bid
preparation and for the easiness of bid evaluation only. In case of discrepancy between the
two, the hard copy shall prevail.)
4
Sealed Bids must be submitted to the above office of CDS and Clearing Limited. on or before
12.45 hrs on February 23, 2011. Documents received after this deadline shall not be
accepted.
5
Bids shall be opened in the presence of Bidders' representatives who choose to attend at
13:00 hrs on February 23, 2011 at the office of CDSC. Bid must be valid until June 6, 2011 and
it must be accompanied by bid security, amounting NRs. 9,50,000/= (Nepalese Rupees Nine
Hundred Fifty Thousand only), which shall be valid until July 7, 2011.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
6
The bid security must be furnished or counter guaranteed by a “A” class commercial bank
specified by Nepal Rastra Bank.
7
If bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited
in the bank and submit the receipt of the deposited amount of cash along with the bid. The
bank name and bank account shall be provided to the Bidder upon request.
8
If the last date of purchasing, submission and opening falls on a government holiday then the
next working day shall be considered as the last day
10.
The Purchaser reserves the right to accept or reject, wholly or partly any or all the bids
without assigning any reason, whatsoever.
End of Invitation for Bids (IFB)
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section I: Instruction to Bidders
A. .................................................................................................................................... General
1.
2.
3.
4.
5.
SCOPE OF BID
SOURCE OF FUNDS
FRAUD AND CORRUPTION
ELIGIBLE BIDDERS
ELIGIBLE GOODS AND RELATED SERVICES
6.
Site Visit
B. .................................................................................. Contents of Bidding Document
7.
8.
9.
SECTIONS OF THE BIDDING DOCUMENT
CLARIFICATION OF BIDDING DOCUMENT/PRE-BID MEETING
AMENDMENT OF BIDDING DOCUMENT
C. ........................................................................................................... Preparation of Bids
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
COST OF BIDDING
LANGUAGE OF BID
DOCUMENTS COMPRISING THE BID
BID SUBMISSION SHEET AND PRICE SCHEDULES
ALTERNATIVE BIDS
BID PRICES AND DISCOUNTS
CURRENCIES OF BID
DOCUMENTS ESTABLISHING THE ELIGIBILITY OF THE BIDDER
DOCUMENTS ESTABLISHING THE CONFORMITY OF THE GOODS AND RELATED SERVICES TO THE
BIDDING DOCUMENT
DOCUMENTS ESTABLISHING THE QUALIFICATIONS OF THE BIDDER
PERIOD OF VALIDITY OF BIDS
BID SECURITY
FORMAT AND SIGNING OF BID
D. ............................................................................... Submission and Opening of Bids
23.
24.
25.
26.
27.
SEALING AND MARKING OF BIDS
DEADLINE FOR SUBMISSION OF BIDS
LATE BIDS
WITHDRAWAL, OR MODIFICATION OF BIDS
BID OPENING
E. Evaluation and Comparison of Bids ........................................................
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28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
CONFIDENTIALITY
CLARIFICATION OF BIDS
DEVIATIONS, RESERVATIONS, AND OMISSIONS
DETERMINATION OF RESPONSIVENESS
NON-MATERIAL NON-CONFORMI-TIES
CORRECTION OF ARITHMETICAL ERRORS
DOMESTIC PREFERENCE
EVALUATION AND COMPARISON OF BIDS
POST-QUALIFICATION OF THE BIDDER
PURCHASER’S RIGHT TO ACCEPT ANY BID, AND TO REJECT ANY OR ALL BIDS
F. Award of Contract .....................................................................................
38.
39.
40.
41.
42.
43.
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AWARD CRITERIA
PURCHASER’S RIGHT TO VARY QUANTITIES AT TIME OF AWARD
NOTIFICATION OF INTENTION TO AWARD
PERFORMANCE SECURITY
SIGNING OF CONTRACT
COMPLAINT AND REVIEW
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section I: Instructions To Bidders (ITB)
A. General
1
Scope of Bids
1.1
The Purchaser indicated in the BDS issues this Bidding Document for the Supply, Delivery and
Installation and commissioning of Hardware and system software for setting up of Central
Depository and Clearing and Settlement System in Nepal as specified in Section V, Schedule of
Requirements (SOR).
1.2
Throughout this Bidding Document:
a) the term “in writing” means communicated in written form and delivered against receipt;
b) if, the context so requires, singular means plural and vice versa; and
c) “day” means calendar day
2
Source of Funds
CDSC shall apply its own fund to cover eligible payments under the Contract No. CDSC/01/06768 for Supply, Delivery and Installation of Hardware and System Software for setting up of
Central Depository and Clearing and Settlement System in Nepal. Bidding is open to all eligible
Domestic Bidders (Bidders from Nepal).
3
Fraud and Corruption
3.1
Anticorruption Policy as per this bidding document requires that CDSC’s officials as well as
bidders and suppliers, observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, this bidding document;
(a)
defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
(ii) “fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
(iii) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly the
actions of a party;
(iv) “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of
another party.
(v) “obstructive practice” means:
(aa) deliberately destroying, falsifying, altering or concealing of evidence material to
the investigation or making false statements to investigators in order to
materially impede a CDSC/GoN investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the CDSC/GoN’s inspection
and audit rights provided for under sub-clause ITB 3.5 below.
3.2
(b)
will reject bid(s) if it determines that the bidder has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing
for the contract in question;
(c)
will sanction a firm or individual, including declaring ineligible, for a stated period of
time, to be awarded a contract if it at any time determines that the firm has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for, or in executing, a contract.
The Bidder shall not carry out or cause to carry out the following acts with an intention to
influence the implementation of the procurement process or the procurement agreement:
I. give or propose improper inducement directly or indirectly,
3.3
II.
distortion or misrepresentation of facts,
III.
engaging in corrupt or fraudulent practice or involving in such act,
IV.
interference in participation of other competing bidders,
V.
coercion or threatening directly or indirectly to cause harm to the person or the property
of any person to be involved in the procurement proceedings,
VI.
collusive practice among bidders before or after submission of bids for distribution of
works among bidders or fixing artificial/uncompetitive bid price with an intention to
deprive the CDSC the benefit of open competitive bid price,
VII.
contacting the CDSC with an intention to influence the CDSC with regards to the bids or
interference of any kind in examination and evaluation of the bids during the period from
the time of opening of the bids until the notification of award of contract.
Without prejudice to any other rights of the CDSC under this Contract, GoN may blacklist a
Bidder for its conduct up to three (3) years on the following grounds and seriousness of the act
committed by the bidder:
(a)
if convicted by a court of law in a criminal offence which disqualifies the Bidder from
participating in the contract,
(b)
if it is established that the contract agreement signed by the Bidder was based on false or
misrepresentation of Bidder’s qualification information,
3.4
A bidder declared blacklisted and ineligible by the GoN, Public procurement Monitoring Office
(PPMO), shall be ineligible to bid for a contract during the period of time determined by the
GoN.
3.5
The Contractor shall permit the CDSC/GoN to inspect the Contractor’s accounts and records
relating to the performance of the Contractor and to have them audited by auditors appointed
by the CDSC/GoN, if so required by the CDSC/GoN.
4
Eligible Bidders
4.1
This Invitation for Bids is open to all eligible Domestic Bidders (Bidders form Nepal).
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CDS and Clearing Ltd.
4.2
4.3
A Bidder may be a natural person, private entity, or government-owned entity (subject to ITB
4.5) or any combination of them in the form of a Joint Venture (JV) under an existing
agreement, or with the intent to constitute a legally-enforceable joint venture. In the case of a
JV:
(a)
all partners shall be jointly and severally liable for the execution of the Contract in
accordance with the Contract terms. The qualification requirement of the parties to the
JV shall be as specified in the BDS, and
(b)
the JV shall nominate a Representative who shall have the authority to conduct all
business for and on behalf of any and all the parties of the JV during the bidding process
and, in the event the JV is awarded the Contract, during Contract execution.
A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest
shall be disqualified. A Bidder may be considered to have a conflict of interest with one or
more parties in this bidding process, if:
(a)
they have controlling partners in common; or
(b)
they receive or have received any direct or indirect subsidy from any of them; or
(c)
they have the same legal representative for purposes of this bid; or
(d)
they have a relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the Bid of
another Bidder, or influence the decisions of the CDSC regarding this bidding process; or
(e)
a Bidder participates in more than one bid in this bidding process. Participation by a
Bidder in more than one Bid will result in the disqualification of all Bids in which the
party is involved. However, this does not limit the inclusion of the same sub Contractor
in more than one bid; or
a Bidder or any of its affiliates participated as a consultant in the preparation of the
design or technical specifications of the Contract that is the subject of the Bid
4.4
A Bidder that is under a declaration of ineligibility by the GoN in accordance with ITB 3, at the
date of the deadline for bid submission or thereafter, shall be disqualified.
4.5
A GoN-owned enterprises may also participate in the bid if it is legally and financially
autonomous, operate under commercial law, and it is not a dependent agency of the
Purchaser.
4.6
Bidders shall provide such evidence of their continued eligibility satisfactory to the CDSC, as
the CDSC shall reasonably request.
4.7
Firms shall be excluded, if by an act of compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations, the CDSC’s
country prohibits any import of goods or Contracting of works or services from that country or
any payments to persons or entities in that country.
4.8
A Bidder, and all parties constituting the Bidder, shall have the nationality of eligible countries.
4.9.
The domestic Bidder who has obtained Permanent Account Number (PAN) and Value Added Tax
(VAT) registration certificate(s) and Tax clearance certificate or proof of submission of tax return
from the Inland Revenue Office shall only be eligible.
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
5
Eligible Goods and Related Services
5.1
All goods and related services to be supplied under the contract are eligible, unless their origin
is from country not eligible countries specified by GoN.
5.2 For purposes of this clause, “origin” means the place where the goods are mined, grown, or
produced, or the place from which the related services are supplied
5.3
The origin of goods and services is distinct from the nationality of the Bidder.
6
Site Visit
6.1
For goods contracts requiring installation/ commissioning/ networking or similar services at
site, the prospective Bidder who has purchased the bid document, at its own responsibility
and risk, is encouraged to visit and examine the Site and obtain all information that may be
necessary for preparing the Bid and entering into a contract for the supply of goods and
related services.
6.2
The prospective Bidder should ensure that the Purchaser is informed of the visit in adequate
time to allow it to make appropriate arrangements
6.3
The costs of visiting the Site shall be at the prospective Bidder’s own expense.
B.
Contents of Bidding Document
7
Sections of Bidding Document
7.1
The Bidding Document consist of Parts 1, 2 and 3, which include all the Sections indicated
below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.
PART 1
Bidding Procedures
Section I
- Instruction to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Qualification Criteria (EQC)
Section IV - Bidding Forms (BDF)
PART 2
Supply Requirements
Section V - Schedule of Requirement (SOR)
Section VI - Schedule of Prices (SOP)
PART 3
Conditions of Contract and Contract Forms
Section VII - General Conditions of Contract (GCC)
Section VIII - Special Conditions of Contract (SCC)
Section IX - Contract Forms (COF)
PART 4 – Technical Specifications
Section X: General Technical Specification
Section XI: Detail Technical Specification
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
7.2
The Purchaser will reject any Bid submission if the Bidding Document was not purchased
directly from the Purchaser, or through its assigned office as stated in the BDS.
7.3
The Bidder is expected to examine all instructions, forms, terms, and specifications in the
Bidding Document as well as in Amendments, if any. Failure to furnish all information or
documentation required by the Bidding Document may result in the rejection of the Bid.
8
Clarification of Bidding Document/Pre-Bid Meeting
8.1
A prospective Bidder requiring any clarification of the Bidding Document shall contact the
Purchaser in writing at the Purchaser’s address indicated in the BDS. The Purchaser will
respond in writing to any request for clarification, provided that such request is received four
(4) days prior to the deadline for submission of Bids. The Purchaser will forward copies of its
response to all Bidders who have acquired the Bidding Document directly from it, including a
description of the inquiry but without identifying its source. Should the Purchaser deem it
necessary to amend the Bidding Document as a result of a clarification, it shall do so following
the procedure under ITB 9 and ITB 24.2.
8.2
The purchaser may organize a pre-bid meeting of Bidders at least two (2) days before the deadline for
submission of Bids at the place, date and time as specified in the BDS to provide information relating
to Bidding Documents, Technical specifications and the like matters. Should the purchaser deem it
necessary to amend the Bidding Document as a result of a clarification, it shall do so following the
procedure under ITB 9 and ITB 24.2.
9
Amendment of Bidding Document
9.1
At any time prior to the deadline for submission of bids, the CDSC may amend the Bidding
Document by issuing addenda.
9.2
Any addendum issued shall be part of the Bidding Document and shall be communicated in
writing to all who have obtained the Bidding Document from the Purchaser.
9.3
To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their bids, the CDSC may, at its discretion, extend the deadline for the submission of
bids, pursuant to ITB 24.2
C. Preparation of Bids
10
Cost of Bidding
10.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and
the CDSC shall in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
11
Language of Bid
11.1 The Bid, as well as all correspondence and documents relating to the Bid exchanged by the
Bidder and the Purchaser, shall be written in the English language. Supporting documents and
printed literature that are part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant passages in the English language, in
which case, for purposes of interpretation of the Bid, such translation shall govern. Such
translation shall be attested by Notary Public.
12
Documents Comprising the Bid
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CDS and Clearing Ltd.
12.1 The bid documents shall comprise documents and forms duly filled with date and signed by
authorized person.
12.2 Submission of the following documents and forms along with bid document are mandatory,
without which the bid shall be rejected.
(a)
Bid Form (Sample form - 1) in accordance with Section IV: Sample Forms; duly filled with
date and signed by authorized person.
(b)
Bid Security furnished in accordance with Clause No. 21 of this Section and the Bid
Security Form (Section IV, Sample form. 5) duly filled with date and signed by authorized
person.
(c)
Price Schedule in accordance with Section VI and Clause No. 15 of this Section duly filled
with date and signed by authorized person.
(d)
Manufacturer's Authorization Letter (as per Section IV, Sample form -6) if the bidder is
not a manufacturer of the offered goods/ items and certificates on proof of being
manufacturer of the offered products.
(e)
The Power of attorney and Signature specimen of the authorized person in a separate
sheet shall be submitted along with the Bid.
(f)
A clause by clause comment on General Conditions of Contract, Special Conditions of
Contract and Technical Specification.
(g)
Bidders Eligibility and Equipment Field Proven-ness of the offered System as per
Section III: Qualification Criteria.
(h)
All pages containing Conditions of Contract and Technical Compliance Statement shall
be signed by the bidder and the consortium members (authorized persons) and stamped
with official seal.
12.3 The Bidder shall submit the above documents (mentioned in the ITB 12.2 from (a) to (e) in 3rd
envelope sealed and marked as “Document for bid Opening” and remaining documents from
(f) to (h) shall be enclosed in 1st envelope “Original” and 2nd envelope “Copy” as mentioned
in ITB 23.
12.4 Compliance Statements to Commercial and Technical Requirement
12.5 In the offer, the bidder shall include clause by clause statement and sufficient documentation
such that the CDSC can validate the compliance statements. In the statement of compliance,
the bidder shall state:a)
“Fully Compliant" if systems and functions offered fully meet the tender requirement.
b)
“Partially Compliant” if the systems and functions offered meets the requirement
partially. The bidder shall state the reason why the offer is partially compliant. However,
if the bidder is able to fulfill the specified requirement later, the time schedule for this
shall be stated. In such cases, the bidder shall clearly mention the extent to which other
requirements or specifications are affected.
c)
“Non Compliant” if the systems and functions cannot meet the requirements. The
bidder shall also state reasons for it.
d)
Compliance statements such as ‘Agreed’, ‘Noted’, ‘OK’, Tick mark, Do (") and
‘Understood’ etc. shall not be acceptable and shall be considered “Non Compliant”
Bidders shall mention, along with the compliance statement, the relevant clause No., page No.,
chapter /section/volume of the offered bid document and/or the brochure and catalogue,
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wherever applicable, for the purpose of verification of their commercial and technical
compliance statement.
12.6 In case of absence or unclear statements of compliance for any specified requirement, the
CDSC will interpret that particular requirement as being "Non Compliant ".
12.7 If the bidder has stated ‘fully compliant’ against technical clauses with comments resulting in
material deviation, such statement shall be considered as 'non compliant'
12.8 If the bidder has stated partially or non compliant to some of the clauses, the successful bidder
shall provision for all such requirements and make the bid fully compliant to all CDSC
requirements at the time of negotiation.
13
Bid Form and Schedules
13.1 The Bid form, schedules and all documents listed under ITB 12.2 shall be prepared using the
relevant bidding forms as mentioned in Section IV, if so provided. The forms must be
completed without any alterations to its format, and no substitutes shall be accepted. All
blank spaces shall be filled in with the information requested.
13.2 The Bidder shall submit the Price Schedules for Goods and Related Services, according to their
origin as appropriate, using the forms furnished in Section VI: SOP
14
Alternative Bids
14.1 In case a bidder offers one or more alternate or optional offer(s) in addition to the main offer,
the CDSC will consider only the main offer for evaluation purpose, and under no
circumstances, evaluation will be influenced by anything mentioned in alternate or optional
offer(s).
However, based on cost-benefit and/ or technical analysis, the CDSC, if deemed necessary,
may consider alternate or optional offer(s) during contract negotiation with the successful
bidder.
15
Bid Prices and Discounts
15.1 The Bidder shall complete the appropriate Schedule of Prices and the sources of Goods schedules
included herein, stating the unit prices, total cost per item, the total Bid amount and the expected
countries of origin of the Goods to be supplied under the contract.
15.2 The Bidders shall quote in Nepalese currency on CIP CDSC's respective Stores in Kathmandu
basis and payments will be made accordingly. This price shall be inclusive of taxes/duties such
as VAT, Local Development Tax, Custom Duties, and Security Tax etc. applicable in Nepal. Such
Bidder must submit up to date firm/Company registration certificate and Tax clearance or
proof of submission of tax returns from Government of Nepal.
15.3 The bidder shall be responsible to pay withholding tax (TDS – Tax Deduction at Source) as per
the Income tax law of government of Nepal applicable at the time of the payment.
15.4 The bidder is subject to local taxes such as VAT, social charges or income taxes on non resident
international personnel, and also duties, fees, levies on amounts payable by the employer
under the Contract.
All duties, taxes, and other levies payable by the Contractor under the Contract, or for any
other cause, as of the date mentioned in BDS prior to the deadline for submission of bids, shall
be included in the rates and prices and the total bid price submitted by the Bidder.
15.5 The prices shall be fixed and will not be subjected to any variation.
Any bid not submitted as per the ITB 15.1 to ITB 15.4 shall be rejected
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15.6 The unit prices of all goods, services and inland Transportation (if Applicable) shall be quoted
in Section VI “Price Schedule”. In the column related to Price (Unit and Total Price) in Price
Schedule (Section VI), except monetary value, Bidder shall not quote any other text such as
“Included Above”, “Not Applicable”, “Not Available”, “Free of Cost” etc.
15.7 In case, the bidder wishes to offer any sort of discount on goods, services, inland delivery,
such letter of discount applicable to the main offer shall be attached to the bid opening
documents. The offered discount will not be considered for evaluation of bid if such letter is
not attached with bid opening document. Any sort of offered discount shall be
proportionately absorbed in the unit price of all the goods, services and inland delivery at the
time of contract and shall remain valid and applicable in all subsequent purchases on later
dates as mentioned in ITB 15.8.
15.8 The quoted unit prices shall remain valid until 5 years from the date of completion of Warranty
as specified in GCOC 6.
15.9 Unit Prices of the offered goods, services and inland Transportation in all lots and phases shall
be same.
15.10 The terms FOB, CIF, CIP, etc., shall be governed by the rules prescribed in the current edition of
INCOTERMS published by the International Chamber of Commerce, Paris. However, the risk
shall be covered as per Clause No. 23 of Section VII: GCOC.
16
Currencies of Bid
All Prices shall be quoted in Nepalese Rupees (NRs).
17
Eligibility of the Bidder/Manufacturer
17.1 Bidder shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued
by Government of Nepal. The Bidder and Manufacturer who are black listed or are under the
process of being black listed shall not be eligible to participate this bidding process. The bid
offered by such Bidder and Manufacturer shall not be considered for the bid evaluation.
17.2 Bidder shall not have ownership with competitors of CDSC in Nepal and must not have plan to
have ownership until the completion of all the contractual obligations.
17.3 Bidder found to be involved in fraudulent activity such as carteling in order to manipulate the bid
price, submission of fake certificates and fake information may be blacklisted and Bid submitted
shall be rejected.
17.4 If the Bidder submits bid on behalf of a merged company, legally certified document from the
notary public shall be submitted along with the bid document. The eligibility of separate
companies in such cases will be combined for the purpose of verifying the eligibility criteria as
mentioned in the Section III: Qualification Criteria. Bid submitted on behalf of
amalgamated/acquired companies having independent legal status will be treated separately
and shall meet the eligibility criteria separately as mentioned in Section III: Qualification
Criteria.
17.5 If the Bidder submits bid on behalf of a subsidiary company/holding company, the subsidiary
company/holding company whose product is being offered shall individually meet eligibility
criteria as specified Section III: Qualification Criteria.
17.6 Bidder shall meet all the requirements mentioned in Bidding Data Sheet of Section II.
17.7 In order to establish their eligibility in accordance with ITB 4, Bidders shall:
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(a)
complete the eligibility declarations in the Bid Submission Sheet, included in Section IV,
Bidding Forms; and
(b)
if the Bidder is an existing or intended JV in accordance with ITB 4.2, submit a copy of
the JV Agreement, or a letter of intent to enter into such an Agreement. The respective
document shall be signed by all legally authorized signatories of all the parties to the
existing or intended JV, as appropriate.
18
Documents Establishing the Conformity of the Goods and Related Services to the Bidding
Document
18.1
To establish the conformity of the Goods and Related Services to the Bidding Document, the
Bidder shall furnish as part of its Bid the documentary evidence that the Goods and Related
Services conform to the requirements specified in Section V: Schedule of Requirement (SOR).
18.2
The documentary evidence may be in the form of literature, drawings or data, and shall
consist of a detailed item-by-item description of the essential technical and performance
characteristics of the Goods and Related Services, demonstrating substantial responsiveness
of the Goods and Related Services to those requirements, and if applicable, a statement of
deviations and exceptions to the provisions of Section V: Schedule of Requirements.
19
Documents Establishing the Qualifications of the Bidder
19.1
The documentary evidence of the Bidder’s qualifications to perform the contract, if its bid is
accepted, shall establish to the Purchaser’s satisfaction that the Bidder meets each of the
qualification criterion specified in Section III: Qualification Criteria.
19.2
If so required in the BDS, a Bidder that does not manufacture or produce the Goods it offers to
supply shall submit the Manufacturer’s Authorization using the form included in Section IV,
Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer
of the Goods to supply these Goods in Nepal and take care of the warranty provided.
20
Period of Bid Validity
20.1 Bid shall remain valid for a period specified in the BDS after the bid submission deadline date
prescribed by the purchaser. A bid valid for a shorter period shall be rejected by the purchaser
as nonresponsive.
20.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Purchaser
may request Bidders to extend the period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is requested in accordance with ITB 21, it
shall also be extended for a corresponding period. A Bidder may refuse the request without
forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to
modify its Bid.
21
Bid Security
21.1 The Bidder shall furnish as part of its bid, in original form a Bid Security as specified in the BDS.
21.2 If a bid security is specified pursuant to ITB 21.1, the bid security shall be a demand guarantee
in any of the following forms at the Bidder’s option:
(a)
original copy of an unconditional bank guarantee from "A" class commercial bank or;
(b)
original copy of cash deposit voucher in the CDSC's Account as specified in BDS.
In case of a bank guarantee, the Bid Security shall be submitted using the Bid Security Form
included in Section IV, Bidding Forms. The form must include the complete name of the
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Bidder. The validity of the Bid Security shall be as specified in BDS. This shall also apply if the
period for bid validity is extended.
The bid security issued by any foreign Bank outside Nepal must be counter guaranteed by an
"A" class Commercial Bank in Nepal.
21.3 If a bid Security is required in accordance with ITB 21.1, any Bid not accompanied by an
enforceable and compliant Bid Security in accordance with ITB 21.2, shall be rejected by the
Purchaser as nonresponsive.
21.4 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of unsuccessful Bidders shall be
returned upon the successful Bidder furnishing of the signed Contract Agreement and the
Performance Security pursuant to ITB 42.
21.5 If a Bid Security is specified pursuant to ITB 21.1, the Bid Security of the successful Bidder shall
be returned as promptly as possible once the successful Bidder has signed the Contract
Agreement and furnished the required Performance Security.
21.6 The Bid Security may be forfeited:
(a)
if a Bidder withdraws its Bid during the period of bid validity specified by the Bidder on
the Bid Submission Form, except as provided in ITB 20.2; or
(b)
If the bidder, having been notified of the acceptance of its’ bid by the CDSC during the
period of bid validity, either fails or refuses to sign the contract agreement within
fifteen (15) days from the date of issuance of letter of Acceptance (LOA); or fails or
refuses to furnish the Performance Security in accordance with GCOC 17.
21.7 The Bid Security of a JV must be in the name of the JV that submits the bid. If the JV has not been
legally constituted at the time of bidding, the Bid Security shall be in the names of all future
partners as named in the letter of intent mentioned in ITB 17.1
21.8 The bid security is required to protect the CDSC against the risk of bidder's non-performance.
22
Format and Signing of Bid
22.1 In pursuant to Clause 23 of this Section, the bidders are required to submit the bids in three (3)
separate envelopes marked with “Original”, “Copy” and “Document for Bid Opening”.
22.2 The original and the copy or copies of the bid shall be typed or written in indelible ink and shall
be signed by the bidder or a person or persons duly authorized to bind the bidder to the
contract. All pages of the bid, except for un-amended printed literature, shall be initialed by
the authorized person or persons signing the bid. But, the pages containing conditions of
contract and technical compliance statement shall be signed and stamped with official seal by
the bidder (authorized person).
22.3 Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the
authorized person or persons signing the bid.
C.
Submission and Opening of Bids
23
Sealing and Marking of Bids
23.1 Bidders may always submit their bids by mail or by hand or by courier, but in any means bid must
be delivered within the deadline of submission as mentioned in ITB 24.
23.2 The bidders are required to submit the bids in three (3) separate envelopes each envelope
sealed properly as follows:
i.
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ii.
2nd envelope with seal and marked as "Copy", shall contain copy.
iii.
3rd envelope with seal and marked as "Document for Bid Opening", shall contain
original documents specified in ITB 12.3.
In the event of any discrepancy between original and copy document, the original hard
copy document shall prevail.
23.3
The inner and outer envelopes shall:
(a)
Bear the name and address of the Bidder indicated in BDS;
(b)
Be addressed to the Purchaser indicated in BDS
(c)
Bear a warning “NOT TO OPEN BEFORE THE TIME AND DATE FOR BID OPENING”
23.4 If the outer envelope is not sealed and marked as required by Clause No. 23.3, the CDSC will
assume no responsibility for the bid's misplacement or premature opening of the bid
submitted. The bid thus received will be rejected.
23.5 In order to facilitate evaluation of the bid, the bidder shall provide the complete bidding
documents in hard copy as well as soft copy including Price Schedule, Schedule of
Requirements, Compliance statements of both Commercial and Technical requirements, other
calculations etc. In case of discrepancy between hard copy and soft copy, hard copy shall
prevail.
24
Deadline for Submission of Bids
24.1
Bids must be received by the Purchaser at the address and no later than the date and time
indicated in the BDS.
24.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by
amending the Bidding Document in accordance with ITB 9, in which case all rights and
obligations of the Purchaser and Bidders previously subject to the deadline shall thereafter be
subject to the deadline as extended.
25
Late Bids
25.1 The Purchaser shall not consider any Bid that arrives after the deadline for submission of Bids,
in accordance with ITB 24. Any Bid received by the Purchaser after the deadline for submission
of Bids shall be declared “LATE”, rejected, and returned unopened to the Bidder.
26
Withdrawal, or Modification of Bids
26.1
A Bidder may withdraw or modify its Bid after it has been submitted by sending a written
Notice in a sealed envelope, duly signed by an authorized representative, and shall include a
copy of the authorization in accordance with ITB 22.2 (except that Withdrawal Notices do not
require copies). The corresponding withdrawal or modification of the Bid must accompany
the respective written Notice. All Notices must be:
(a) submitted in accordance with ITB 22 and 23 (except that Withdrawal Notices do not
require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal”, “Modification”; and
(b) received by the Purchaser prior to the deadline prescribed for submission of bids, in
accordance with ITB 24.
26.2
Bids requested to be withdrawn in accordance with ITB 26.1 shall be returned unopened to
the Bidders.
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26.3 No Bid shall be withdrawn or modified in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder on the Bid
Submission Form or any extension thereof.
27
Bid Opening
27.1 The Purchaser shall conduct the bid opening in public, in the presence of bidder’s representatives
who choose to attend at the address, date, and time specified in BDS. In case, the bid opening
date happens to be an official holiday, the CDSC will open the bids in the following working
day. The bidder representatives who are present shall sign a bid opening checklists evidencing
their attendance.
27.2 First, envelopes marked "WITHDRAWAL" shall be opened, read out and recorded and the
envelope containing the corresponding bid shall not be opened, but return to the bidder. No
bid shall be withdrawn unless the corresponding Withdrawal Notice contains a valid
authorization to request the withdrawal and is read out and recorded at bid opening.
27.3 Next, envelopes marked "MODIFICATION" shall be opened, read out and recorded with the
corresponding bid. No bid shall be modified unless the corresponding Modification Notice
contains a valid authorization to request the modification and is read out and recorded at bid
opening. Only envelopes that are opened, read out and recorded at bid opening shall be
considered further.
27.4 All other envelopes marked with “Document for Bid Opening” shall be opened one at a time,
and the following read out and recorded: the name of the Bidder and whether there is a
modification; the Bid Prices (per lot if applicable), any discounts; the presence of a Bid Security,
if required; if there is discrepancy between figure and words, description of such discrepancy;
whether the bid form is signed by the bidder or his agent; and any other details as the
Purchaser may consider appropriate. Only discounts read out and recorded at bid opening
shall be considered for evaluation. No Bid shall be rejected at bid opening except for late bids,
in accordance with ITB 25.1.
27.5 The Purchaser shall prepare a record of the bid opening that shall include, as a minimum: the
name of the Bidder and whether there is a withdrawal, or modification; the Bid Price per lot if
applicable, any discounts; and the presence or absence of a Bid Security. The Bidders’
representatives who are present shall be requested to sign the record. The omission of a
Bidder’s signature on the record shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Bidders who submitted bids in time, and posted
on line when electronic bidding is permitted. The Bidders’ representatives who are present
shall also be requested to sign an attendance sheet.
E. Evaluation and Comparison of Bids
28
Confidentiality
28.1 Information relating to the examination, evaluation, comparison, and post-qualification of
Bids, and recommendation of contract award, shall not be disclosed to Bidders or any other
persons not officially concerned with such process until publication of the Contract award;
thereafter, information will be disclosed in accordance with ITB 40.1.
28.2 Any attempt by a Bidder to influence the Purchaser in the examination, evaluation,
comparison, and post-qualification of the Bids or Contract award decisions may result in the
rejection of its Bid.
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28.3 Notwithstanding ITB 28.2, from the time of bid opening to the time of Contract award, if any
Bidder wishes to contact the Purchaser on any matter related to the bidding process, it should
do so in writing.
29
Clarification of Bids
29.1 To assist in the examination, evaluation, comparison and post-qualification of the Bids, the
Purchaser may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification
submitted by a Bidder with regard to its Bid and that is not in response to a request by the
Purchaser shall not be considered. The Purchaser’s request for clarification and the response
shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or
permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in
the evaluation of the Bids, in accordance with ITB 33.
30
Deviations, Reservations, and Omissions
30.1
During the evaluation of bids, the following definitions apply:
(a)
“Deviation” is a departure from the requirements specified in the Bidding Document;
(b)
“Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the Bidding Document; and
(c)
“Omission” is the failure to submit part or all of the information or documentation
required in the Bidding Document.
31
Determination of Responsiveness
31.1
The Purchaser’s determination of the responsiveness of a Bid is to be based on the contents of
the Bid itself, as defined in ITB 12.
31.2
A substantially responsive bid is one that meets the requirements of the Bidding Document
without material deviation, reservation, or omission. A material deviation, reservation, or
omission is one that,
(a) if accepted, would:
(i)
affect in any substantial way the scope, quality, or performance of the Goods and
Related Services specified in Section V, Schedule of Requirements; or
(ii)
limits in any substantial way, inconsistent with the Bidding Document, the Purchaser’s
rights or the Bidder’s obligations under the proposed Contract; or
(iii)
if rectified, would unfairly affect the competitive position of other Bidders
presenting substantially responsive bids.
31.3 The Purchaser shall examine the technical aspects of the bid in particular, to confirm that all
requirements of Section V, Schedule of Requirements have been met without any material
deviation or reservation.
32
Non-material Non-conformities
32.1 The Purchaser may regard a Bid as responsive even if it contains minor deviations that do not
materially alter or depart from the characteristics, terms, conditions and other requirement
set forth in the Bidding Document or if it contains errors or oversights that are capable of
being corrected without affecting the substance of the Bid.
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32.2 Provided that a Bid is substantially responsive, the Purchaser may request that the Bidder
submit the necessary information or documentation, within a reasonable period of time, to
rectify non-material non-conformities or omissions in the Bid related to documentation
requirements. Requesting information or documentation on such non-conformities shall not
be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the
request may result in the rejection of its Bid.
32.3
Provided that a Bid is substantially responsive, the Purchaser shall rectify non-material nonconformities or omissions. To this effect, the Bid Price shall be adjusted, for comparison
purposes only, to reflect the price of the missing or non-conforming item or component.
32.4
If small differences are found such as in technical specification, description, feature which
does not make the bid to be rejected, then the cost, which is calculated to the extent possible
due to such differences, shall be included while evaluating bid.
32.5 If the value of such non conformities is found fifteen (15%) percent more than the quoted
amount of the bidder on account of small differences pursuant to ITB 32.4, such bid shall be
considered irresponsive in substance and shall not be considered for evaluation
33
Correction of Arithmetical Errors
33.1
Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical
errors on the following basis:
(a) if there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Purchaser there is an obvious misplacement of
the decimal point in the unit price, in which case the total price as quoted shall govern and
the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected; and
(c ) if there is a discrepancy between words and figures, the amount in words shall prevail,
unless the amount expressed in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
33.2 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors,
its Bid shall be rejected.
34
Evaluation and Comparison of Bids
34.1 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having
submitted the lowest evaluated and substantially responsive Bid is qualified to perform the
Contract satisfactorily.
34.2 The determination shall be based upon an examination of the documentary evidence of the
Bidder’s qualifications and technical/commercial compliance.
34.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A
negative determination shall result in disqualification of the Bid, in which event the Purchaser
shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s
capabilities to perform satisfactorily.
34.4 To evaluate a Bid, the Purchaser shall only use all the criteria and methodologies defined in
this ITB 34, ITB 35 and in Section III: Qualification Criteria. No other criteria or methodology
shall be permitted.
35
Evaluation Procedure
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35.1 The Purchaser shall evaluate the bids in four stages i.e. 1) Preliminary Examination, 2)
Technical Evaluation, 3) Commercial Evaluation, and 4) Financial Evaluation
35.2 Preliminary Examination
35.2.1 Preliminary Examination of the Bids shall be done in accordance with ITB 12.2 . CDSC will
examine the bids to verify whether the bid is valid & complete, whether the bid is
accompanied by valid bid securities, whether required sureties have been furnished, whether
the documents have been properly signed, and whether the bids are generally in order.
35.2.2 CDSC may waive any minor informality, nonconformity, or irregularity in a bid, which does
not constitute a major material and quality deviation and without which the purpose of
bidding will be fulfilled, provided such waiver does not prejudice or affect the relative
ranking of any bidder. Prior to the detailed evaluation, CDSC will determine the substantial
responsiveness of each bid to certain critical provisions stipulated in the CDSC tender
document. For the purpose of this clause, a substantially responsive bid is the one, which
conforms to all the terms and conditions of the bidding documents without major material
deviations. Deviations from, or objections or reservations to critical provisions, such as those
concerning Bid Security, Payment Terms, Applicable Law and Taxes and Duties and the
technical requirements will be deemed to be major deviations.
CDSC’s determination of a bid’s responsiveness will be based on the contents of the bid itself
without recourse to any extrinsic evidence.
35.2.3 If a bid has one or more major deviations, it will be rejected by the CDSC and will not
substantially be made responsive by the bidder by correction of the nonconformity.
35.3
Technical Evaluation
35.3.1 Technical evaluation shall be carried out for those bids, which are found to be responsive
after preliminary examination as per above ITB 35.2. Technical evaluation shall be based on
clause by clause compliance statements or comments on Technical Specifications as well as
technical details, catalogues, brochures etc. furnished by each bidder.
35.3.2 If a bid has one or more major deviations, it will be rejected by the CDSC and will not
substantially be made responsive by the bidder by correction of the nonconformity.
35.4
Commercial Evaluation
35.4.1 Detailed Commercial Evaluation shall be carried out for those bids, which are found to be
responsive after Detail Technical Evaluation as per above ITB 35.3. The detail commercial
evaluation shall be carried out in accordance with the Section IV: GCC and SCC.
35.5
Detail Financial Evaluation
35.5.1 Once the bids are considered substantially responsive after detailed Technical and
Commercial evaluation, all those responsive bids shall be judged from Financial Evaluation
perspective only and no weight-age shall be given to other technical details or parameters or
additional features and facilities of the offered products.
35.5.2 For the Financial Evaluation the following factors shall be taken into consideration for
evaluation purpose:
35.5.3 Arithmetical errors
Arithmetical errors will be rectified on the following basis
35.5.3.1 Discrepancy between the Unit Price and the Total Price
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If there is a discrepancy between the unit price and the total price which is obtained by
multiplying the unit price and quantity, the unit price shall prevail, and the total price will
be corrected.
35.5.3.2 Error in Calculation Total Price
If there is an error in total corresponding to the addition or subtraction of subtotals, the
subtotals shall prevail and the total shall be corrected.
35.5.3.3 If there is discrepancy between words and figure, the word shall prevail
35.5.3.4 While performing error corrections as mentioned above in Clause No. 35.5.3, the Bid Price
may changed. Therefore, the Total Bid Price obtained after the Arithmetical Error
Correction shall be considered as a Corrected Bid price.
35.5.4 Offered Quantity
35.5.4.1 Under-Dimensioned (Short) Items
If the offered quantity is not sufficient to meet the CDSC’s requirement, required quantity
will be loaded to fulfill the requirement and price will be adjusted accordingly taking into
consideration the offered unit price of the same bidder.
35.5.4.2 Missing (omission) Items
If some required items of SOP and BOQ are missing in the offer, then the average price of
all responsive bidders for such missing item(s) will be considered for evaluation purpose
and loaded to bring all bidders in equal footing.
35.5.4.3 However, in all the cases mentioned above in Clause No. 35.5.4, the Bidder shall provide all
the missing/short items mentioned above free of cost to CDSC if the bidder happens to be a
successful bidder.
35.5.4.4 If major items, without which the purpose of bidding will not be fulfilled, are missing, the
bid shall be considered non-responsive and shall be rejected.
35.5.5 Unit Price
35.5.5.1 Discrepancy in Unit Price in Lots, Phases and Packages
Unit Prices of the offered goods, services and inland transportation in all lots, phases and
packages shall be same. In case of discrepancies in the Unit prices, the quoted unit price in
respective lots, phases and packages shall be used for evaluation. However, lowest Unit
Price among all shall be considered for all lots, phase and packages for the calculation and
preparation of final Contract Price if the bidder happens to be the Successful Bidder.
35.5.5.2 Unit Price of Missing Items
In case of missing (omission) items (Clause No. 35.5.4.2.), unit price of such items shall be
finalized at the time of negotiation without exceeding the average price of the same item of
the responsive bidders.
35.5.6 If the loading amount after performing the loading as per Clauses 35.5.4 of this Section
exceed 15% of the Corrected Bid Price, the bid shall be considered as non responsive and
not considered for evaluation.
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35.5.7 If the Bidder does not accept the correction of the errors, its bid will be rejected, and its bid
security shall be forfeited. The CDSC reserves the rights to award the tender to the next
lowest bidder or may go for re-tender whichever is convenient
36
Post Qualification of the Bidder
36.3 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having
submitted the lowest evaluated and substantially responsive Bid is qualified to perform the
Contract satisfactorily.
36.4 The determination shall be based upon an examination of the documentary evidence of the
Bidder’s qualifications submitted by the Bidder, pursuant to ITB 19.
36.5 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder.
A negative determination shall result in disqualification of the Bid, in which event the
Purchaser shall proceed to the next lowest evaluated bid to make a similar determination of
that Bidder’s capabilities to perform satisfactorily.
37
Purchaser’s Right to Accept Any Bid, and to reject Any or All Bids
The Purchaser reserves the right to accept or reject any Bid, and to annul the bidding process
and reject all Bids at any time prior to Contract award, without thereby incurring any liability to
the Bidders.
F. Award of Contract
38
Award Criteria
38.1 The Purchaser shall select to award the Contract to the Bidder whose offer has been
determined to be the lowest evaluated Bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be qualified to perform the
Contract satisfactorily.
39
Purchaser’s Right to Vary Quantities at the Time of Award
39.1 The CDSC reserves the right at the time of award of contract to increase or decrease by up to
twenty percent (20%) of the quantity of goods and services specified in the Schedule of
Requirement without any change in unit price or other terms and conditions.
40
Award of Contract
40.1 Based on evaluation as per above clause Nos. 35 the responsive Bidder with Lowest Evaluated
Price shall be determined as Successful Bidder. As financial evaluation shall be done as per
Clause no. 35.5, total evaluated price may differ from the price quoted by the bidder in its
price schedule. Financial comparison shall be based on “evaluated price” and not “offered
price”. However, the final total contract price shall be finalized during contract negotiation
with the successful bidder.
40.2 The CDSC shall issue a Letter of Intent (LOI) to notify the concerned Bidders whose bid has
been selected in accordance with ITB 38, in writing that the CDSC has intention to accept
his/her bid and the information regarding the name, address and amount of selected bidder
shall be given to all other bidders who submitted the bid.
40.3 If no bidder submits an application for review pursuant to ITB 43 within a period of seven days
of the notice provided under ITB 40.2, CDSC shall, accept the bids selected in accordance with
ITB 40.1 and will subsequently issue a Letter of Acceptance (LOA) to furnish the performance
security and to initiate negotiation between the bidder and the CDSC within fifteen days.
40.4 Within Fifteen (15) days of the receipt of notification of award from CDSC, the Bidder shall
send its authorized representatives for the contract negotiation and signing the contract.
41 Performance Security
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41.1 At the time of signing the Contract the successful Bidder shall furnish the Performance Security in
accordance with the GCC, using for that purpose the Performance Security Form included in
Section IX, Contract Forms.
41.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or sign
the Contract Agreement shall constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security. In that event the Purchaser may award the Contract to the
next lowest evaluated Bidder whose offer is substantially responsive and is determined by the
Purchaser to be qualified to perform the Contract satisfactorily.
42
Signing of Contract
42.1
The successful Bidder shall sign the contract in the form included in section IX after the submission
of performance security in accordance with ITB 41.
42.2
At the same time, the Purchaser shall also notify all other Bidders of the results of the bidding, and
shall publish in an English/Nepali language newspaper or well-known and freely accessible website
the results identifying the bid and lot numbers and the following information: (i) name of each
Bidder who submitted a Bid; (ii) bid prices as read out at Bid Opening; (iii) name and evaluated
prices of each Bid; (iv) name of bidders whose bids were rejected and the reasons for their
rejection; and (v) name of the winning Bidder, and the Price it offered, as well as the duration and
summary scope of the Contract awarded.
42.3 The Purchaser shall promptly respond in writing to any unsuccessful Bidder who, within thirty days
from the date of issuance of notification of award in accordance with ITB 40.2, requests in writing
the grounds on which its bid was not selected.
43
Complaint and Review
43.1 If a Bidder dissatisfies with the Procurement proceedings or the decision made by the
Purchaser in the intention to award the Contract, it may file an application to the CDSC within
seven (7) days of having, receipt of such notice or decision making, for review of the
proceedings stating the factual and legal grounds.
43.2 An application filed after the deadline pursuant ITB 43.1 shall not be processed.
43.3 The CDSC shall, within five (5) days after receiving the application, give its decision with
reasons, in writing pursuant to ITB 43.1:
(a) whether to suspend the procurement proceeding and the procedure for further
proceedings to be adopted; or
(b) whether or not to reject a application.
No application can be submitted before the Review Committee for review against the
decision made by the chief of the Public Entity for the Bid amount up to the value as stated
in BDS.
43.4 If the Bidder is not satisfied with the decision of the CDSC in accordance with ITB 43.3, or the
decision by the Public Entity is not given within five (5) days of receipt of application pursuant
to ITB 43.1, it can, within seven (7) days of receipt of such decision, file an application to the
Review Committee of the GoN, stating the reason of its disagreement on the decision of the
CDSC and furnishing the relevant documents, provided that its Bid amount is above the
amount as stated in ITB 43.3. The application may be sent by hand, or by post, or by courier,
or by electronic media at the risk of the Bidder itself.
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43.5 Late application filed after the deadline pursuant to ITB 43.4 shall not be processed.
43.6 Within three (3) days of the receipt of application from the Bidder, pursuant to ITB 43.4, the
Review Committee shall notify the CDSC to furnish its procurement proceedings and
comments on the issue, pursuant to ITB 43.3.
43.7 Within three (3) days of receipt of the notification pursuant to ITB 43.6, the Public Entity shall
furnish the copy of the related documents along with its comment or reaction of complaint to
the Review Committee.
43.8 The Review Committee, after inquiring from the Bidder and CDSC, if needed, shall give its
decision within one (1) month after receiving the application filed by the Bidder, pursuant to
ITB 43.4.
43.9 The Bidder, filing application pursuant to ITB 43.4, shall have to furnish a cash amount or Bank
guarantee as stated in BDS with the validity period of at least ninety (90) days from the date
of the filing of application pursuant to ITB 43.4. Application filed without furnishing the
security deposit shall not be processed.
43.10 If the claim made by the Bidder pursuant to ITB 43.4 is justified, the Review Committee shall
have to return the security deposit to the applicant, pursuant to ITB 43.9, within seven (7)
days of such decision made.
43.11If the claim made by the Bidder pursuant to ITB 43.4 is rejected by the Review Committee, the
security deposit submitted by the Bidder pursuant to ITB 43.9 shall be forfeited.
End of Section I: Instruction to Bidders (ITB)
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Section II: Bid Data Sheet
(BDS)
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Section II: Bid Data Sheet
A. Introduction
ITB 1.1
Name of the Purchaser: CDS and Clearing Ltd.
ITB 2.1
Tender No.: CDSC/01/067-68
ITB 2.1
Name of the Project: Supply, Delivery, Installation and Commissioning of the
Hardware and System Software for setting up of Central Depository and
Clearing and Settlement System in Nepal
B. Bidding Document
ITB 8.1
For clarification purposes only, the Purchaser’s address is:
Attention: Vijaya Gurung,
Name of the Purchaser: CDS and Clearing Ltd.
City/Town: Kathmandu
District: Kathmandu
Country: Nepal
Telephone: + 977 1 4250759
Facsimile Number: +977 1 4262538
Electronic Mail Address: vgurung@nepalstock.com
ITB 8.1
The purchaser will respond in writing to any request for clarification provided
that such request is received no later than four (4) days prior to the deadline
date for submission of bid.
ITB 8.2
Pre-Bid meeting shall be organized.
Pre-Bid meeting will take place, it will be at the following date, time and
place:
Date: 2011-Feb-21
Time: 3:00 PM
Place: Nepal Stock Exchange Limited, Singhadurbar Plaza, Kathmandu,
Nepal
C. Preparation of Bids
ITB 11.1
The language of the Bid is: English
ITB 12.1 (h)
The Bidder shall submit the following additional documents with its Bid:
Manufacturer Authorization from the manufacturer of the offered goods, if
the Bidder itself is not a manufacturer of offered goods.
ITB 17.6
The Bidders shall submit:

Copy of Firm Registration Certificate

Copy of Business Registration Certificate

Copy of VAT and PAN Registration Certificate,

Copy of Tax Clearance Certificate or Tax returns submission evidence
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
for the F/Y 2065/66.
A written declaration made by the bidder, with a statement that s/he
is not ineligible to participate in the procurement proceedings; has no
conflict of interest in the proposed procurement proceedings, and has
not been punished for a profession or business related offense.
ITB 19.2
A Manufacturer’s Authorization letter is only required for the following
items:
(i) Server, (ii) San switch,
ITB 20.1
The bid shall be valid until June 2, 2011.
ITB 21.1
The Bidder shall furnish a bid security, from "A" class commercial bank with
Nrs 9,50,000/= [Nrs. Nine Hundred Fifty Thousand Only] , which shall be valid
until July 2,2011.
ITB 21.2
If the Bidder wishes to submit the Bid Security in the form of cash, the cash
should be deposited in Deposit Account No 17835240100024 of CDS and
Clearing Ltd. at Nepal SBI Bank Ltd. , New Road Branch and submit the
receipt of the deposited amount of cash along with the bid.
D. Submission and Opening of Bids
ITB 24.1
For bid submission purposes only, the Purchaser’s address is : CDS and
Clearing Ltd., Singh Durbar Plaza, Kathmandu, Nepal
ITB 24.1
The deadline for bid submission is:
Date: February 23, 2011; Time: 12.45 hrs.
ITB 24.1
If the last date of purchasing, submission and opening of Bid falls on a
government holiday then the next working day shall be considered as the last
day without any change in the time and place as fixed.
ITB 27.1
The bid opening shall take place at: CDS and Clearing Ltd., Singh Durbar Plaza,
Kathmandu, Nepal
Date: February 23, 2011
Time: 13.00 hrs
Place: Nepal Stock Exchange Ltd., Singh Durbar Plaza, Kathmandu, Nepal
E. Evaluation and Comparison of Bids
F. Award of Contract
ITB 43.3
No application can be submitted before the Review Committee for review
against the decision made by the chief of the Public Entity for the bid amount
up to the value of Nepalese Rupees 30,000,000 (thirty million)
ITB 43.9
The Bidder, filing application pursuant to ITB 43.4, shall have to furnish a cash
amount or Bank guarantee equal to 0.5% of its bid price.
End of Section II: BDS
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Section III. Qualification Criteria
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Qualification Criteria
a) The offered goods/equipment shall be latest and in current production for a
minimum of 2 years. If the offered model is a new, the manufacturer must have
experience in producing the similar model for a minimum of 2 years.
b) The Bidder shall have a minimum of last five (5) years overall experience in the
supply of Goods and related services.
c) The bidder shall furnish a list of users who had purchased same/similar
goods/equipment in last 3 years, and number of equipment sold to them. The
names and addresses of the administrators where those supplies are made shall be
provided, along with names, telephone numbers, email & fax numbers of the contact
persons of those operators and/or administrations.
d) The Bidder shall have a minimum of last three (3) years specific experience in the
supply of similar Goods and related services of nature, and quantity to government
enterprises or private institutions. The bidder shall have the experience of
installation, testing & commissioning of the offered brand of goods for at least
three (3) years on the date of bid opening. Bidder shall provide user certificates
from five (5) user administrations in Nepal for supply, delivery, installation and
commissioning of offered brand of goods and satisfactory support of the offered
brand of goods.
e) The average annual turnover of Bidder during last three years NRs. 10,00,00,000
f) The Net worth of the Bidder should be positive as on the end of Fiscal year
2065/66 to justify the reputation and financial worthiness of the Bidder. The latest
audited Balance Sheet of last three years should be attached with the bid
preceding FY 2065/66.
g) The Bidder should have at least two certified engineer employed. The details of the
engineers so employed should be provided along with the bid.
h) The Bidder shall submit Manufacturer’s ISO 9000 series certificate for production of
offered goods.
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Section IV. Bidding Forms
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Section IV. Bidding Forms
Table of Forms
Bid Submission Form
Bidder's Information Form
Financial Situation Form
Average Annual Turnover Form
Bid Security
Manufacturer’s Authorization Letter
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Sample Form 1: Bid Submission Form
(The Bidder shall accomplish the Bid Submission Form in its Letter Head Clearly showing the Bidders Complete name and
address)
Date:
Tender No.:
To: _______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including Addenda
No.:
;
(b) We offer to supply in conformity with the Bidding Document and in accordance with the
delivery schedule specified in the Schedule of Requirements, the following Goods and
Related Services:
;
(c) The total price of our Bid, excluding any discounts offered in item (d) below is:
;
(d) The discounts offered are:
(e) Our Bid shall be valid for a period of ____________________________ days from the date
fixed for the bid submission deadline in accordance with the Bidding Document, and it shall
remain binding upon us and may be accepted at any time before the expiration of that
period;
(f) If our Bid is accepted, we commit to obtain a Performance Security in the amount of
_______percent of the Contract Price for the due performance of the Contract;
(g) We are not participating, as Bidders, in more than one Bid in this bidding process, other
than alternative offers in accordance with the Bidding Document;
(h) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part
of the Contract, has not been declared ineligible by the GoN;
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(i) The following commissions, gratuities, or fees, if any, have been paid or are to be paid with
respect to the bidding process or execution of the Contract:
Name of Recipient
Address
Reason
Amount
(If none has been paid or is to be paid, indicate “none.”)
(j) We understand that this Bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
Contract is prepared and executed.
(k) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
(l) We declare that we are not ineligible to participate in the procurement proceedings; have
no conflict of interest in the proposed procurement proceedings and have not been
punished for a profession or business related offense.
(m) We agree to permit GoN or its representative to inspect our accounts and records and other
documents relating to the bid submission and to have them audited by auditors appointed
by the GoN.
Name
In the capacity of
Signed
Duly authorized to sign the Bid for and on behalf of
Date
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Sample Form 2: Bidder's Information Form
[The Bidder shall fill in this Form. No alterations to its format shall be permitted and no
substitutions shall be accepted. In case of joint venture, each partner shall fill the information in
separate form.]
Date: ...................[insert date (as day, month and year) of Bid Submission]
Page ________ of_ ______ pages
1.
Bidder’s Legal Name
2
Bidder’s Address:
3
Bidder’s Country of Registration:
4.
Bidder’s Year of Registration:
5.
Bidder’s Legal Address in Country of
Registration
6.
Bidder’s Authorized Representative
Information:
…..Name:
Address:
Telephone/Fax numbers:
Email Address
7
Bidder’s Telephone/Fax numbers:
8
Bidder’s Email Address:
Attached are copies of the following original documents.

1.
Firm Registration Certificate

2.
Authorization to represent the firm
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Sample Form 3: Financial Situation Form
Financial Data for Previous 3 Years (in NRs)
Year 1:
Year 2:
Year 3:
Information from Balance Sheet
Total Assets
Total Liabilities
Net Worth
Current Assets
Current Liabilities
Information from Income Statement
Total Revenues
Profits Before Taxes
Profits After Taxes
 Attached are copies of financial statements (balance sheets including all related notes, and income
statements) for the last three or above years, as indicated above, complying with the following conditions?

Historic financial statements must be audited by a certified accountant.

Historic financial statements must be complete, including all notes to the financial statements.

Historic financial statements must correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
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Sample Form 4: Average Annual Turnover Form
The information supplied should be the Annual Turnover of the Bidder in terms of the amounts billed to
clients for each year for work in progress or completed to NRs at the end of the period reported.
Annual Turnover Data for the Last 3 Years
Year
Amount
(in NRs)
Average Annual Turnover
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Sample Form 5: Bid Security
[This is the format for the Bid Security to be issued on the letterhead by a "A" class
commercial bank specified by Nepal Rastra Bank]
[insert Bank’s Name, and Address of Issuing Branch or Office]
Date: [insert date]
Beneficiary: [insert Name and Address of Purchaser]
BID GUARANTEE No.: [insert number]
We have been informed that [insert name of the Bidder] (hereinafter called "the Bidder")
intends to submit its bid to you (hereinafter called "the Bid") for the execution of [insert
name of contract] under Invitation for Bids No. [insert IFB number] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by
a bid guarantee.
At the request of the Bidder, we [insert name of Bank] hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of [insert amount in figures][insert
amount in words] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Bidder is in breach of its obligation(s) under the bid
conditions, because the Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or
(b)
having been notified of the acceptance of its Bid by the Purchaser
during the period of bid validity, (i) fails or refuses to execute the
Contract, if required, or (ii) fails or refuses to furnish the performance
security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you
upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon
the earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the
successful Bidder; or (ii) thirty (30) days after the expiration of the Bidder’s bid which comes
to be [insert the date].
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
Name
In the capacity of
Signed
Duly authorized to sign the Bid Security for and on behalf of
Date
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Sample Form 6: Manufacturer’s Authorization Letter
[This letter of authorization should be on the letterhead of the manufacturer and should be
signed by the person with the proper authority to sign documents that are binding on the
manufacturer]
Date:
IFB No.:
To:
WHEREAS___________________________________________________ who are official
manufacturers of ____________________________________________________ having
factories at _______________________________________________________________ do
hereby authorize ______________________________________________ exclusively to
submit a Bid in relation to the Invitation for Bids indicated above, the purpose of which is
exclusively to provide the following Goods, manufactured by us
______________________________ and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the
General Conditions of Contract, with respect to the Goods offered by the above firm in reply
to this Invitation for Bids.
Name
In the capacity of:
Signed
Duly authorized to sign the Authorization for and on behalf of
Date
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Section V. Schedule of Requirements (SOR)
Tender No. CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware and
System Software for Setting up of Central Depository and Clearing and Settlement System in
Nepal.
Item
Description
Total Quantity
I
Goods
1
Data Centre Equipment
1.1
Database Server
2
1.2
Central Storage
1
1.3
SAN Switch
2
1.4
Backup & Storage Management Server
1
1.5
Tape Library
1
1.6
Backup Software
1
1.7
Server Rack
1
1.8
Console
1
1.9
Development and Training Server
1
2
Client Environment (Required at Nepal Depository))
2.1
Server
1
2.2
Desktop
15
2.3
OS
For each server
3
Low End Network Monochrome Laser Jet Printer
1
4
Scanner with ADF
2
5
Other Items
5.1
Programming Language (Required for Development
1 Set
only)
MS Visual Basic.Net 2002 (.Net framework 1.0)
MS Visual Basic 5.0/6.0, Visual C ++6.0 (Visual Studio
6.0)
Run-time environment license is not required
5.2
Reporting Tool
1 Set
Crystal Report 2008-1 copy (development only)
6
Firewall
ASA5510-AIP10SP-K9
6.1
2
6.2
6.3
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Cisco ASA 5510 with AIP-SSM-10, 2GE+3FE, SW,
HA,3DES/AES, SEC PLUS /or Equivalent
ASA-VPN-CLNT-K9
Cisco VPN Client Software (Windows, Solaris, Linux,
Mac)/ or Equivalent
ASA5510-SEC-PL
ASA 5510 Security Plus License w/ HA, GE, more
2
2
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CDS and Clearing Ltd.
VLANs + cons/or Equivalent
6.4
6.5
6.6
6.7
7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
8
8.1
B
1
2
3
4
SF-ASA-8.2-K8
ASA 5500 Series Software v8.2/ Or Equivalent
SF-ASA-AIP-6.0-K9
ASA 5500 Series AIP Software 6.0 for Security Service
Modules/ or Equivalent
CAB-ACE
AC Power Cord (Europe), C13, CEE 7, 1.5M/or
Equivalent
CON-SU1-AS1A1PK9
IPS SVC, AR NBD ASA5510-AIP10SP-K9
WAN Router
2
CISCO2951/K9
Cisco 2951 w/3 GE,4 EHWIC,3 DSP,2 SM,256MB
CF,512MB DRAM,IPB/or Equivalent
ISR-CCP-EXP
Cisco Config Pro Express on Router Flash/ or
Equivalent
MEM-2951-512MB-DEF
512MB DRAM (1 512MB DIMM) for Cisco 2951 ISR
(Default)/ or Equivalent
MEM-CF-256MB
256MB Compact Flash for Cisco 1900, 2900, 3900
ISR/or Equivalent
PWR-2921-51-AC
Cisco 2921/2951 AC Power Supply/or Equivalent
S2951UK9-15001M
Cisco 2951 IOS UNIVERSAL/or Equivalent
SL-29-IPB-K9
IP Base License for Cisco 2901-2951/or Equivalent
CAB-ACSA
AC Power Cord (India/South Africa), C13, BS 546,
1.8m
CAB-CONSOLE-RJ45
Console Cable 6ft with RJ45 and DB9F
CON-SNT-2951
SMARTNET 8X5XNBD Cisco 2951 w/3 GE/or
Equivalent
HWIC-1CE1T1-PRI
1 port channelized T1/E1 and PRI HWIC (data only)
HWIC-1FE
1-port 10/100 Routed Port HWIC
Ethernet Switch
2
Cisco Catalyst 2960S 24 GigE, 4 x SFP LAN Base with
cascade cables/ or Equivalent
2
Service
Training for 10 Working Days
Installation, Testing and Commissioning
Warranty
Extended Warranty
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2
2
2
2
2
2
2
2
2
2
2
2
2
4
5 person
1 Lot
1 Year
3 Year
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
The bidder shall provide all the items which are not mentioned above but necessary to run the
Note: system for each system. The price shall be considered for evaluation.
End of Section V
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section VI: Schedule of Prices (SOP) For Goods and Services
Part-I:
Goods
(Hardware
Software)
Quantity
Unit
Country of
Origin
Description
Manufactur
er
Item
Model No.
Name of Bidder _____________________ Tender No. ___________
Total Price CIP
CDSC Store in
Kathmandu In
NRs.
&
Data Centre Equipment
1
1.1
1.2
1.3
1.5
Database Server
Central Storage
SAN Switch
Backup
&
Management Server
Tape Library
1.6
Backup Software
Set
1
1.7
Server Rack
Set
1
1.8
Console
Set
1
1.9
Development
Server
Set
1
1.4
and
Storage
Training
Set
Set
Set
2
1
2
Set
1
Set
1
A
Sub Total of 1
Client Environment (Required
at Nepal Depository,)
Server
Desktop
OS
2
2.1
2.2
2.3
Set
Set
Set
1
15
1
B
3
Unit Price CIP
CDSC Store in
Kathmandu In
NRs.
Sub Total of 2
Low
End
Monochrome
Printer
Network
Laser Jet
Set
1
C
Sub total of 3
4
D
Scanner with ADF
5
5.1
Other Items
Set
2
Sub total of 4
Programming
(required for
46/111
Language
development
Set
1
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
Quantity
Unit
Country of
Origin
Description
Manufactur
er
Item
Model No.
CDS and Clearing Ltd.
Unit Price CIP
CDSC Store in
Kathmandu In
NRs.
Total Price CIP
CDSC Store in
Kathmandu In
NRs.
only)
MS Visual Basic.Net 2002 (.Net
framework 1.0),
MS Visual Basic 5.0/6.0, Visual
C++ 6.0 (visual Studio 6.0)
5.2
Run-time environment licence
is not required
Reporting Tool
Crystal Report 2008 – 1 copy
(development only)
set
1
E
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
Sub total of 5
Firewall
ASA5510-AIP10SP-K9
Cisco ASA 5510 with AIPSSM-10, 2GE+3FE, SW,
HA,3DES/AES, SEC PLUS/
Or Equivalent
ASA-VPN-CLNT-K9
Cisco VPN Client Software
(Windows, Solaris, Linux,
Mac)/ or Equivalent
ASA5510-SEC-PL
ASA 5510 Security Plus
License w/ HA, GE, more
VLANs + cons /Or
Equivalent
SF-ASA-8.2-K8
ASA 5500 Series Software
v8.2/or Equivalent
SF-ASA-AIP-6.0-K9
ASA 5500 Series AIP
Software 6.0 for Security
Service Modules/ Or
Equivalent
CAB-ACE
AC Power Cord (Europe),
C13, CEE 7, 1.5M/Or
Equivalent
CON-SU1-AS1A1PK9
IPS SVC, AR NBD
ASA5510-AIP10SP-K9/or
Equivalent
F
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Sub total of 6
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
WAN Router
CISCO2951/K9
Cisco 2951 w/3 GE,4
EHWIC,3 DSP,2 SM,256MB
CF,512MB DRAM,IPB/ or
Equivalent
ISR-CCP-EXP
Cisco Config Pro Express
on Router Flash/or
Equivalent
MEM-2951-512MB-DEF
512MB DRAM (1 512MB
DIMM) for Cisco 2951 ISR
(Default)/Or Equivalent
MEM-CF-256MB
256MB Compact Flash for
Cisco 1900, 2900, 3900
ISR/ or Equivalent
PWR-2921-51-AC
Cisco 2921/2951 AC Power
Supply/ or Equivalent
S2951UK9-15001M
Cisco 2951 IOS
UNIVERSAL/ or Equivalent
SL-29-IPB-K9
IP Base License for Cisco
2901-2951/Or Equivalent
CAB-ACSA
AC Power Cord
(India/South Africa), C13,
BS 546, 1.8m
CAB-CONSOLE-RJ45
Console Cable 6ft with
RJ45 and DB9F
CON-SNT-2951
SMARTNET 8X5XNBD
Cisco 2951 w/3 GE/ or
Equivalent
HWIC-1CE1T1-PRI
1 port channelized T1/E1
and PRI HWIC (data only)
HWIC-1FE
1-port 10/100 Routed Port
HWIC
Quantity
Unit
Country of
Origin
Description
Manufactur
er
Item
Model No.
CDS and Clearing Ltd.
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
2
Set
4
G
8
8.1
Unit Price CIP
CDSC Store in
Kathmandu In
NRs.
Total Price CIP
CDSC Store in
Kathmandu In
NRs.
Sub total of 7
Ethernet Switch
Cisco Catalyst 2960S 24
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Set
2
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
Quantity
Unit
Country of
Origin
Description
Manufactur
er
Item
Model No.
CDS and Clearing Ltd.
Unit Price CIP
CDSC Store in
Kathmandu In
NRs.
Total Price CIP
CDSC Store in
Kathmandu In
NRs.
GigE, 4 x SFP LAN Base
with cascade cables
H
I
Sub total of 8
Sub Total of Part-I (A to H)
Part-II
Service
1
Training for 10 working days
2
Installation,
Testing
Commissioning
3
4
Warranty Services
Extended Warranty Services
and
Person
5
Lot
1
Year
Year
1
3
J
Subtotal of Part-II
K
Total (I + J)
L
M
VAT
Grand Total of Part-I and Part-II including VAT
Total Price CIP CDSC Store. Kathmandu in Nepalese Rupees …………………….. ( In Figure )
…………………………………………… (in Words)
Full Name:__________________________________
Designation:__________________________________
Date: --------------------------Official seal
Note:
1.
Unit price shall include all custom duties and taxes, transportation cost to the final
destination and insurance cost.
2.
This Schedule of Prices (SOP) shall be duly filled, signed along with date and stamped with
3.
4.
official seal. Bid with Schedule of Prices (SOP) not duly filled and without signature, date and
official stamp shall be rejected and not be considered for evaluation.
The Bidder shall quote price in accordance with ITB 15.
The bidder shall provide all the items which are not mentioned above but necessary to run the
system for each system. The price shall be considered for evaluation.
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section VI: Schedule of Prices (SOP) For Goods and Services
Bill of Quantity (BOQ)
Name of Bidder _____________________ Tender No. ___________
Specification
1
Data Center Equipment
1.1 Database Server
- 2 x Intel 64 bit EPIC processor based system with Itanium Processor, Quad
Core 1.6 GHz, 20MB L3 cache or higher.
- Minimum 32 GB registered / fully Buffered DDR3 Memory with advanced
ECC. Memory should be scalable to min 96GB.
- PCI-e based Dual port 8Gbps FC HBA with each connection via separate FC
switches.
- 4 x 1/10 Gigabit Ethernet ports on-board or via full bandwidth PCI-e/PCI-x
card for each port. All ports must be auto sensing for 10G/1G operations.
- 2 x 300GB 10K RPM SFF SAS HDD
- DVD ROM
- 160GB DAT Drive with SAS interface
- Redundant hot swap power supply
- Rack mount kit
High Availability Operating Environment media and license
- All documentation in DVD
1.2 Central Storage
- Dual redundant controller with minimum 2 GB cache per controller
- 4 x 4Gb FC Host Ports
- FC 15K RPM disk of 450 GB capacity, usable space should be 3.5 TB after
RAID 5 ad --- SATA/FATA 7.2K RPM disks of ---1 TB--- capacity with 8 TB
usable capacity after RAID 5.
- Snapshot capability
- The storage should support clustering of servers environment mentioned
in Item Sl. 1
Quantity
Total CIP
Price
2
1
1.3 SAN Switch
- 8 x 4Gb FC Ports upgradable to 24 Ports
2
1.4 Backup & Storage Management Server
- Intel Xeon x3440 Processor, 2.53GHz, 8MB cache
- 4 GB DDR3 RAM
- 10/100/1000BaseTx Ethernet Ports
1
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Unit CIP
Price
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
- 2 x 300 GB 10K RPM SAS HDD
- 4Gb Dual Port FC HBA
- DVD-ROM
- Rack Form factor
- Windows 2003 Server OS with 30 CALS
1.5 Tape Library
- 2 x LTO 4 FC Tape Library
1
1.6 Backup Management Software for online LAN free backup of Database
Servers and online backup agent for Oracle RDBMS
1
1.7 Server Rack
42U Server Rack with perforated steel front and rear doors, Redundant
PDU, 8 Port KVM switch, keyboard, Mouse and foldable Monitor for servers
1
1.8 Console
1 U TFT Foldable 17.5 inch with 8 port USB KVM Switch
1
1.9 Development & Training Server
-2 x Intel 64 bit EPIC processor based system with Itanium Processor, Quad
Core 1.6GHz, 20MB L3 cache or higher.
-Minimum 32 GB registered / fully Buffered DDR3 Memory with advanced
ECC. Memory should be scalable to min 96GB.
- PCI-e based Dual port 8Gbps FC HBA with each connection via separate FC
switches.
-4 x 1/10 Gigabit Ethernet ports on-board or via full bandwidth PCI-e/PCI-x
card for each port. All ports must be auto sensing for 10G/1G operations.
- 2 x 300GB 10K RPM SFF SAS HDD
- DVD ROM
- Redundant hot swap power supply
-64 bit Unix Operating System.
- 15" TFT Monitor, Keyboard, Mouse
- All documentation in DVD
1
2 Client Environment (Required at Nepal Depository)
2.1 Server
- Intel Xeon x3440 Processor, 2.53GHz, 8MB cache
- 2 GB DDR3 RAM
- 10/100/1000BaseTx Ethernet Ports
- 2 x 146GB 10K RPM SAS HDD
- DVD-ROM
- Windows 2003 Standard Edition with required CALS
- 15" TFT Monitor, Keyboard, Mouse
2.2 Desktop
- Intel Pentium Dual Core processor E5300 or higher
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1
15
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
- Minimum 1 GB DDR3 RAM
- 10/100 baseTx Ethernet Ports
- DVD-ROM
- Windows XP Professional
- 15" TFT Monitor, Keyboard, Mouse
2.3 OS
MS SQL Express 2005 (Upto 5 Users per DP), or MS SQL Server 2005 Std
Edition (for over 5)
For each
server
3 Low End Monochrome Laser Jet Printer
1
4 Scanner with ADF
2
5 Other Items
5.1 Programming Language (required for development only)
1
MS Visual Basic.Net 2002 (.Net framework 1.0),
MS Visual Basic 5.0/6.0, Visual C++ 6.0 (visual Studio 6.0)
5.2
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
7
7.1
7.2
7.3
Run-time environment license is not required
Reporting Tool
Crystal Report 2008 – 1 copy (development only)
Firewall
ASA5510-AIP10SP-K9
Cisco ASA 5510 with AIP-SSM-10, 2GE+3FE, SW, HA,3DES/AES,
SEC PLUS/or Equivalent
ASA-VPN-CLNT-K9
Cisco VPN Client Software (Windows, Solaris, Linux, Mac)/or
Equivalent
ASA5510-SEC-PL
ASA 5510 Security Plus License w/ HA, GE, more VLANs + cons/or
Equivalent
SF-ASA-8.2-K8
ASA 5500 Series Software v8.2/or Equivalent
SF-ASA-AIP-6.0-K9
ASA 5500 Series AIP Software 6.0 for Security Service Modules/ or
Equivalent
CAB-ACE
AC Power Cord (Europe), C13, CEE 7, 1.5M/or Equivalent
CON-SU1-AS1A1PK9
IPS SVC, AR NBD ASA5510-AIP10SP-K9/ or Equivalent
WAN Router
CISCO2951/K9
Cisco 2951 w/3 GE,4 EHWIC,3 DSP,2 SM,256MB CF,512MB
DRAM,IPB/ or Equivalent
ISR-CCP-EXP
Cisco Config Pro Express on Router Flash/ or Equivalent
MEM-2951-512MB-DEF
512MB DRAM (1 512MB DIMM) for Cisco 2951 ISR (Default)/ or
Equivalent
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1
2
2
2
2
2
2
2
2
2
2
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
7.4 MEM-CF-256MB
256MB Compact Flash for Cisco 1900, 2900, 3900 ISR/ or Equivalent
7.5 PWR-2921-51-AC
Cisco 2921/2951 AC Power Supply/ or Equivalent
7.6 S2951UK9-15001M
Cisco 2951 IOS UNIVERSAL/or Equivalent
7.7 SL-29-IPB-K9
IP Base License for Cisco 2901-2951/ or Equivalent
7.8 CAB-ACSA
AC Power Cord (India/South Africa), C13, BS 546, 1.8m
7.9 CAB-CONSOLE-RJ45
Console Cable 6ft with RJ45 and DB9F/ or Equivalent
7.10 CON-SNT-2951
SMARTNET 8X5XNBD Cisco 2951 w/3 GE/ or Equivalent
7.11 HWIC-1CE1T1-PRI
1 port channelized T1/E1 and PRI HWIC (data only)
7.12 HWIC-1FE
1-port 10/100 Routed Port HWIC
8 Ethernet Switch
8.1 Cisco Catalyst 2960S 24 GigE, 4 x SFP LAN Base with cascade
cables/ or Equivalent
2
2
2
2
2
2
2
2
4
2
End of Section VI: SOP
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section VII. General Conditions of Contract
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section VII. General Conditions of Contract
Table of Clauses
1. Definitions
2. Contract Documents
3. Fraud and Corruption
4. Interpretation
5. Language
6. Joint Venture, Consortium or Association
7. Notices
8. Governing Law
9. Settlement of Disputes
10. Scope of Supply
11. Delivery
12. Supplier’s Responsibilities
13. Purchaser’s Responsibilities
14. Contract Price
15. Terms of Payment
16. Taxes and Duties
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
17. Performance Security
18. Copyright
19. Confidential Information
20. Subcontracting
21. Specifications and Standards
22. Packing and Documents
23. Insurance
24. Transportation
25. Inspections and Tests
26. Liquidated Damages
27. Warranty
28. Patent Indemnity
29. Limitation of Liability
30. Change in Laws and Regulations
31. Force Majeure
32. Change Orders and Contract Amendments
33. Extensions of Time
34. Termination
35. Assignment
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Section VII. General Conditions of Contract
Clause
No.
Particulars of CDSC’s Requirements
1
Definitions
Bidder’s Compliance
Statement: FC/PC/NC
The following words and expressions shall have the meanings hereby
assigned to them:
“Contract” means the Agreement entered into between the Purchaser
and the Supplier, together with the Contract Documents referred to
therein, including all attachments, appendices, and all documents
incorporated by reference therein.
“Contract Documents” means the documents listed in the Agreement,
including any amendments thereto.
“Contract Price” means the price payable to the Supplier as specified in
the Agreement, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
“Day” means calendar day.
“Delivery” means the transfer of the Goods from the Supplier to the
Purchaser in accordance with the terms and conditions set forth in the
Contract.
“Completion” means the fulfillment of the Related Services by the
Supplier in accordance with the terms and conditions set forth in the
Contract.
“GCC” means the General Conditions of Contract.
“Goods” means all of the Hardware and Software that the Supplier is required to
supply to the Purchaser under the Contract.
“Purchaser’s Country” is the country specified in the Special Conditions of
Contract (SCC).
“Purchaser” means the entity purchasing the Goods and Related Services,
as specified in the SCC.
“Services” means the services incidental to the supply of the goods, such
as insurance, installation, training and initial maintenance and other
similar obligations of the Supplier under the Contract.
“SCC” means the Special Conditions of Contract.
“Subcontractor” means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted assigns, to
whom any part of the Goods to be supplied or execution of any part of the
Related Services is subcontracted by the Supplier.
“Supplier” means the natural person, private or government entity, or a
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
combination of the above, whose bid to perform the Contract has been
accepted by the Purchaser and is named as such in the Agreement, and
includes the legal successors or permitted assigns of the Supplier.
“GoN” means the Government of Nepal.
“The Site,” where applicable, means the place named in the SCC.
2
Contract Documents
Subject to the order of precedence set forth in the Agreement, all documents
forming the Contract (and all parts thereof) are intended to be correlative,
complementary, and mutually explanatory.
3
Fraud and Corruption
3.1
If the Purchaser determines that the Supplier has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing for or
in executing the Contract, then the Purchaser may, after giving 14 days
notice to the Supplier, terminate the Supplier's employment under the
Contract and the provisions of Clause 34.1 shall apply.
3.2
Without prejudice to any other rights of the Purchaser under this Contract,
GoN may blacklist the Bidder/Supplier for its conduct up to three (3) years
on the following grounds and seriousness of the act committed by the
Bidder/Supplier:
(a)
if it is established that the Supplier has committed substantial defect
in implementation of the Contract or has or has not substantially
fulfilled its obligations under the Contract
For the purposes of this Sub-Clause:
(i)
(ii)
“corrupt practice” is the offering, giving, receiving or soliciting,
directly or indirectly, of anything of value to influence improperly
the actions of another party;
“fraudulent practice”1 is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit or
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the
procurement process or contract execution; and the “act or omission” is intended to influence the
procurement process or contract execution.
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
1
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
to avoid an obligation;
(iii)
“collusive practice”2 is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
(iv)
“coercive practice”3 is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;
(v)
“obstructive practice” is
(aa)
deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators
in order to materially impede a GoN/DP investigation into allegations of
a corrupt, fraudulent, coercive or collusive practice; and/or threatening,
harassing or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or
(ab)
acts intended to materially impede the exercise of the GoN/DP’s
inspection and audit rights provided for under ITB Clause 3.5 and GCC
Clause 25.
Without prejudice to any other rights of the Purchaser under this Contract,
GoN may blacklist a Bidder/Supplier for its conduct for a period of one (1)
to three (3) years on the following grounds and seriousness of the act
committed by the bidder:
b)
if it is established that the Supplier committed acts specified in ITB
3.2,
c)
if it is established later that the Bidder has committed substantial
defect in implementation of the contract or has not substantially
fulfilled its obligations under the contract or the completed work is
not of the specified quality as per the contract.
4
Interpretation
4.1
If the context so requires it, singular means plural and vice versa.
4.2
Inco terms
(a) The meaning of any trade term and the rights and obligations of parties
there under shall be as prescribed by Inco terms.
(b) EXW shall be governed by the rules prescribed in the current edition of
“parties” refers to participants in the procurement process (including public officials)
attempting to establish bid prices at artificial, non competitive levels.
3
a “party” refers to a participant in the procurement process or contract execution.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
2
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
Inco terms, published by the International Chamber of Commerce at
the date of the Invitation for Bids or as specified in the SCC.
4.3
Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and
the Supplier and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made
prior to the date of Contract.
4.4
Amendment
No amendment or other variation of the Contract shall be valid unless it is in
writing, is dated, expressly refers to the Contract, and is signed by a duly
authorized representative of each party thereto.
4.5
Non waiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance,
delay, or indulgence by either party in enforcing any of the terms and
conditions of the Contract or the granting of time by either party to
the other shall prejudice, affect, or restrict the rights of that party
under the Contract, neither shall any waiver by either party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the
Contract must be in writing, dated, and signed by an authorized
representative of the party granting such waiver, and must
specify the right and the extent to which it is being waived.
4.6
Severability
If any provision or condition of the Contract is prohibited or rendered
invalid or unenforceable, such prohibition, invalidity or unenforceability
shall not affect the validity or enforceability of any other provisions and
conditions of the Contract.
5
Language
5.1
The Contract as well as all correspondence and documents relating to the
Contract exchanged by the Supplier and the Purchaser, shall be written in the
language specified in the SCC. Supporting documents and printed literature
that are part of the Contract may be in another language provided they are
accompanied by an accurate translation of the relevant passages in the
language specified in the SCC, in which case, for purposes of interpretation of
the Contract, this translation shall govern. The translation shall be attested by
Notary Public. Attestation shall be in English language.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
5.2
The Supplier shall bear all costs of translation to the governing language
and all risks of the accuracy of such translation.
6
Joint Venture, Consortium or Association
Bidder’s Compliance
Statement: FC/PC/NC
If the Supplier is a joint venture, consortium, or association, all of the
parties shall be jointly and severally liable to the Purchaser for the
fulfillment of the provisions of the Contract and shall designate one party
to act as a leader with authority to bind the joint venture, consortium, or
association. A bidder can submit only one bid either as a partner of the
joint venture or individually. The composition or the constitution of the
joint venture, consortium, or association shall not be altered without the
prior consent of the Purchaser.
7
Notices
Any Notice given by one party to the other pursuant to the Contract shall
be in writing to the address specified in the SCC. The term “in writing”
means communicated in written form with proof of receipt.
A Notice shall be effective when delivered or on the Notice’s effective
date, whichever is later.
8
Governing Law
The Contract shall be governed by and interpreted in accordance with the
laws of Nepal.
9
Settlement of Disputes
The Purchaser and the Supplier shall make every effort to resolve amicably
by direct informal negotiation any disagreement or dispute arising
between them under or in connection with the Contract.
If the parties fail to resolve such a dispute or difference by mutual
consultation within thirty (30) days from the commencement of such
consultation, either party may require that the dispute be referred for
resolution to the formal mechanisms specified in the SCC.
10
Scope of Supply
10.1
Subject to the SCC, the Goods and Related Services to be supplied shall be
as specified in Section V, Schedule of Requirements.
10.2
Unless otherwise stipulated in the Contract, the Scope of Supply shall
include all such items not specifically mentioned in the Contract but that
can be reasonably inferred from the Contract as being required for
attaining Delivery and Completion of the Goods and Related Services as if
such items were expressly mentioned in the Contract.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
11
Delivery
Bidder’s Compliance
Statement: FC/PC/NC
Subject to GCC Sub-Clause 31.1, the Delivery of the Goods and Completion of
the Related Services shall be in accordance with the terms specified in SCC.
The details of documents to be furnished by the Supplier are specified in the
SCC.
12
Supplier’s Responsibilities
The Supplier shall supply all the Goods and Related Services included in
the Scope of Supply in accordance with GCC Clause 10, and the Delivery
and Completion Schedule, as per GCC Clause 11.
13
Purchaser’s Responsibilities
Whenever the supply of Goods and Related Services requires that the
Supplier obtain permits, approvals, and import and other licenses from
public authorities in Nepal, the Purchaser shall, if so required by the
Supplier, make its best effort to assist the Supplier in complying with such
requirements in a timely and expeditious manner.
The Purchaser shall pay all costs involved in the performance of its
responsibilities, in accordance with GCC Sub-Clause 13.1.
14
Contract Price
14.1
The Contract Price shall be as specified in the Agreement subject to any
additions and adjustments thereto, or deductions there from, as may be
made pursuant to the Contract.
14.2
Prices charged by the Supplier for the Goods delivered and the Related
Services performed under the Contract shall not vary from the prices
quoted by the Supplier in its bid, with the exception of any price
adjustments authorized in the SCC.
15
Terms of Payment
The Contract Price shall be paid in Nepalese Currency.
The Supplier’s request for payment shall be made to the Purchaser in
writing, accompanied by invoices describing, as appropriate, the Goods
delivered and Related Services performed, and by the documents submitted
pursuant to GCC Clause 11 and upon fulfillment of all the obligations
stipulated in the Contract.
Payments shall be made promptly by the Purchaser, no later than thirty
(30) days after submission of an invoice or request for payment by the
Supplier, and the Purchaser has accepted it.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
16
Taxes and Duties
Bidder’s Compliance
Statement: FC/PC/NC
For goods supplied, the Supplier shall be entirely responsible for all taxes,
duties, license fees, etc., incurred until delivery of the contracted Goods
to the Purchaser.
The Supplier shall be responsible to pay withholding Tax (TDS-Tax
Deducted at Source) as per the income tax law of Government of Nepal
applicable at the time of payment.
17
Performance Security
17.1
The successful bidder shall submit a bank guarantee equivalent to ten
percent (10%) of the total contract amount (including inland
transportation cost, if applicable) as Performance Security at the time of
signing the Contract as per Sample Form No. – 4 of Section V, enclosed in
the bid document. The currency of the bank guarantee shall be in currency
of contract or equivalent amount in US$. The validity of the bank
guarantee shall cover one month more than the warranty period as
mentioned in the Clause No. 27 "Warranty" of this Section.
The performance security shall be issued by "A" class commercial bank
located in Nepal
17.2
The proceeds of the Performance Security shall be payable to CDSC as
compensation for any loss resulting from the Supplier's failure to complete
its obligations under the Contract. CDSC can terminate the Contract as per
Clause No. 20 of this section if the Supplier fails to fulfill the obligations as
per the Contract. Upon termination of the Contract, the Performance
Security submitted under the Contract will be forfeited and the loss
incurred by CDSC due to termination of the Contract shall be borne by the
Supplier.
17.3
The Performance Security will be discharged by the CDSC not later than
thirty (30) days following the date of completion of the Supplier's
performance obligations, including issuance of Warranty Completion
Certificate (WCC), as stated in the Clause No. 27 "Warranty" of this
Section.
18
Copyright
The copyright in all drawings, documents, and other materials containing
data and information furnished to the Purchaser by the Supplier herein
shall remain vested in the Supplier, or, if they are furnished to the
Purchaser directly or through the Supplier by any third party, including
suppliers of materials, the copyright in such materials shall remain vested in
such third party.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
19
Confidential Information
19.1
The Purchaser and the Supplier shall keep confidential and shall not,
without the written consent of the other party hereto, divulge to any third
party any documents, data, or other information furnished directly or
indirectly by the other party hereto in connection with the Contract,
whether such information has been furnished prior to, during or following
completion or termination of the Contract. Notwithstanding the above, the
Supplier may furnish to its Subcontractor such documents, data, and other
information it receives from the Purchaser to the extent required for the
Subcontractor to perform its work under the Contract, in which event the
Supplier shall obtain from such Subcontractor an undertaking of
confidentiality similar to that imposed on the Supplier under GCC Clause 19.
19.2
The Purchaser shall not use such documents, data, and other information
received from the Supplier for any purposes unrelated to the Contract.
Similarly, the Supplier shall not use such documents, data, and other
information received from the Purchaser for any purpose other than the
design, procurement, or other work and services required for the performance
of the Contract.
19.3
The obligation of a party under GCC Sub-Clauses 19.1 and 19.2 above,
however, shall not apply to information that:
(a)
the Purchaser or Supplier need to share with the Donor for Donor
funded project or other institutions participating in the financing
of the Contract;
(b)
now or hereafter enters the public domain through no fault of
that party;
(c)
can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or
indirectly, from the other party; or
(d)
otherwise lawfully becomes available to that party from a third
party that has no obligation of confidentiality.
19.4
The above provisions of GCC Clause 19 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to
the date of the Contract in respect of the Supply or any part thereof.
19.5
The provisions of GCC Clause 19 shall survive completion or termination,
for whatever reason, of the Contract.
20
Subcontracting
Bidder’s Compliance
Statement: FC/PC/NC
The Supplier shall notify the Purchaser in writing of all subcontracts
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
awarded under the Contract if not already specified in the Bid.
Subcontracting shall in no event relieve the Supplier from any of its
obligations, duties, responsibilities, or liability under the Contract.
Subcontracts shall comply with the provisions of GCC Clauses 3.
21
Specifications and Standards
21.1
Technical Specifications
(a) The Supplier shall ensure that the Goods and Related Services comply
with the technical specifications and other provisions of the Contract.
(b) The Supplier shall be entitled to disclaim responsibility for any design,
data, drawing, specification or other document, or any modification
thereof provided or designed by or on behalf of the Purchaser, by
giving a notice of such disclaimer to the Purchaser.
(c) The Goods and Related Services supplied under this Contract shall
conform to the standards mentioned in Section V, Schedule of
Requirements and, when no applicable standard is mentioned, the
standard shall be equivalent or superior to the official standards
whose application is appropriate to the country of origin of the
Goods.
21.2
Wherever references are made in the Contract to codes and standards in
accordance with which it shall be executed, the edition or the revised
version of such codes and standards shall be those specified in the Section
V, Schedule of Requirements. During Contract execution, any changes in
any such codes and standards shall be applied only after approval by the
Purchaser and shall be treated in accordance with GCC Clause 32.
22
Packing and Documents
22.1
The Supplier shall provide such packing of the Goods as is required to
prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract. During transit, the packing shall
be sufficient to withstand, without limitation, rough handling and exposure
to extreme temperatures, salt and precipitation, and open storage. Packing
case size and weights shall take into consideration, where appropriate, the
remoteness of the final destination of the Goods and the absence of heavy
handling facilities at all points in transit.
22.2
The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as shall be
expressly provided for in the Contract, including additional requirements,
if any, specified in the SCC, and in any other instructions ordered by the
Purchaser.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
23
Insurance
23.1
The goods supplied under the Contract shall be fully insured in a currency
of Contract or in Nepalese Currency against any loss or damage incidental
to manufacture or acquisition, transportation, storage and delivery in the
manner specified in the Clause No. - 23.4 of this section.
23.2
The Supplier shall arrange for Insurance, naming the Purchaser as
beneficiary
The insurance policy shall be issued by internationally recognized company
or any insurance company incorporated in Nepal.
The name of the insurance company and claim process shall be specified
during contract Negotiation.
The insurance shall be in an amount equal to 110 % of the CIF value of the
goods from "warehouse to warehouse" on "all risks" basis (as per Institute
Cargo Clauses – A) including risks of theft, pilferage, non delivery (TPND),
strike, riots, civil commotion (SRCC) and war clauses. All the items shall be
fully insured by the supplier up to the final destinations.
The insurance policy shall remain valid till sixty (60) days after the delivery
of all the goods at the CDSC's respective stores.
Any item/part damage/ lost shall be replaced by the Supplier free of
charge at first and the insurance claim shall be made by the Suppliers to
recover the cost of damaged/ lost goods and the CDSC will extend all the
necessary co-operation in this regard.
Transportation
23.3
23.4
23.5
23.6
24
Bidder’s Compliance
Statement: FC/PC/NC
Unless otherwise specified in the SCC, obligations for transportation of
the Goods shall be in accordance with the Inco terms specified in Sections
V, Schedule of Requirements.
25
Inspections and Tests
25.1
The Supplier shall at its own expense and at no cost to the Purchaser carry
out all such tests and/or inspections of the Goods and Related Services as
are specified in Sections V, Schedule of Requirements.
25.2
The inspections and tests may be conducted on the premises of the
Supplier or its Subcontractor, at point of delivery, and/or at the final
destination of the Goods, or in another place in Nepal as specified in the
SCC. Subject to GCC Sub-Clause 25.3, if conducted on the premises of the
Supplier or its Subcontractor, all reasonable facilities and assistance,
including access to drawings and production data, shall be furnished to the
inspectors at no charge to the Purchaser
25.3
The Purchaser or its designated representative shall be entitled to attend
the tests and/or inspections referred to in GCC Sub-Clause 25.2.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
25.4
Whenever the Supplier is ready to carry out any such test and inspection,
it shall give a reasonable advance notice, including the place and time, to
the Purchaser. The Supplier shall obtain from any relevant third party or
manufacturer any necessary permission or consent to enable the
Purchaser or its designated representative to attend the test and/or
inspection.
25.5
The Purchaser may require the Supplier to carry out any test and/or
inspection not required by the Contract but deemed necessary to verify that
the characteristics and performance of the Goods comply with the technical
specifications, codes and standards under the Contract, provided that the
Supplier’s reasonable costs and expenses incurred in the carrying out of such
test and/or inspection shall be added to the Contract Price. Further, if such
test and/or inspection impede the progress of manufacturing and/or the
Supplier’s performance of its other obligations under the Contract, due
allowance will be made in respect of the Delivery Dates and Completion Dates
and the other obligations so affected.
25.6
The Supplier shall provide the Purchaser with a report of the results of any
such test and/or inspection.
25.7
The Purchaser may reject any Goods or any part thereof that fail to pass
any test and/or inspection or do not conform to the specifications. The
Supplier shall either rectify or replace such rejected Goods or parts thereof
or make alterations necessary to meet the specifications at no cost to the
Purchaser, and shall repeat the test and/or inspection, at no cost to the
Purchaser, upon giving a notice pursuant to GCC Sub-Clause 25.4.
25.8
The Supplier agrees that neither the execution of a test and/or inspection
of the Goods or any part thereof, nor the attendance by the Purchaser or
its representative, nor the issue of any report pursuant to GCC Sub-Clause
25.6, shall release the Supplier from any warranties or other obligations
under the Contract.
26
Liquidated Damages
Bidder’s Compliance
Statement: FC/PC/NC
Except as provided under GCC Clause 31, if the Supplier fails to deliver any
or all of the Goods or perform the Related Services within the period
specified in the Contract, the Purchaser may without prejudice to all its
other remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to the percentage specified in the
SCC of the Contract Price for each week or part thereof of delay until
actual delivery or performance, up to a maximum deduction of the
percentage specified in the SCC. Once the maximum is reached, the
Purchaser may terminate the Contract pursuant to GCC Clause 34.
27
Warranty
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Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
27.1
The Supplier warrants that all the Goods are new, unused, and of the
most recent or current models, and that they incorporate all recent
improvements in design and materials, unless provided otherwise in the
Contract.
27.2
Subject to GCC Sub-Clause 21.1, the Supplier further warrants that the
Goods shall be free from defects arising from any act or omission of the
Supplier or arising from design, materials, and workmanship, under
normal use in the conditions prevailing in Nepal.
27.3
Unless otherwise specified in the SCC, the warranty shall remain valid for
twelve (12) months after the Goods, or any portion thereof as the case
may be, have been delivered to and accepted at the final destination
indicated in the SCC.
27.4
The Purchaser shall give Notice to the Supplier stating the nature of any
such defects together with all available evidence thereof, promptly
following the discovery thereof. The Purchaser shall afford all reasonable
opportunity for the Supplier to inspect such defects.
27.5
Upon receipt of such Notice, the Supplier shall, within the period specified
in the SCC, expeditiously repair or replace the defective Goods or parts
thereof, at no cost to the Purchaser.
27.6
If having been notified, the Supplier fails to remedy the defect within the
period specified in the SCC, the Purchaser may proceed to take within a
reasonable period such remedial action as may be necessary, at the
Supplier’s risk and expense and without prejudice to any other rights
which the Purchaser may have against the Supplier under the Contract.
28
Patent Indemnity
28.1
The Supplier shall, subject to the Purchaser’s compliance with GCC Sub-Clause
28.2, indemnify and hold harmless the Purchaser and its employees and
officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any
nature, including attorney’s fees and expenses, which the Purchaser may
suffer as a result of any infringement or alleged infringement of any patent,
utility model, registered design, trademark, copyright, or other intellectual
property right registered or otherwise existing at the date of the Contract by
reason of:
Bidder’s Compliance
Statement: FC/PC/NC
(a) the installation of the Goods by the Supplier or the use of the
Goods in the country where the Site is located; and
(b) the sale in any country of the products produced by the Goods.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
Such indemnity shall not cover any use of the Goods or any part thereof
other than for the purpose indicated by or to be reasonably inferred from
the Contract, neither any infringement resulting from the use of the
Goods or any part thereof, or any products produced thereby in
association or combination with any other equipment, plant, or materials
not supplied by the Supplier, pursuant to the Contract.
28.2
If any proceedings are brought or any claim is made against the Purchaser
arising out of the matters referred to in GCC Sub-Clause 28.1, the
Purchaser shall promptly give the Supplier a notice thereof, and the
Supplier may at its own expense and in the Purchaser’s name conduct
such proceedings or claim and any negotiations for the settlement of any
such proceedings or claim.
28.3
If the Supplier fails to notify the Purchaser within thirty (30) days after
receipt of such notice that it intends to conduct any such proceedings or
claim, then the Purchaser shall be free to conduct the same on its own
behalf.
28.4
The Purchaser shall, at the Supplier’s request, afford all available
assistance to the Supplier in conducting such proceedings or claim, and
shall be reimbursed by the Supplier for all reasonable expenses incurred
in so doing.
28.5
The Purchaser shall indemnify and hold harmless the Supplier and its
employees, officers, and Subcontractors from and against any and all
suits, actions or administrative proceedings, claims, demands, losses,
damages, costs, and expenses of any nature, including attorney’s fees and
expenses, which the Supplier may suffer as a result of any infringement or
alleged infringement of any patent, utility model, registered design,
trademark, copyright, or other intellectual property right registered or
otherwise existing at the date of the Contract arising out of or in
connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the
Purchaser.
29
Limitation of Liability
Except in cases of gross negligence or willful misconduct :
(a) neither party shall be liable to the other party for any indirect or
consequential loss or damage, loss of use, loss of production, or loss
of profits or interest costs, provided that this exclusion shall not apply
to any obligation of the Supplier to pay liquidated damages to the
Purchaser; and
(b) the aggregate liability of the Supplier to the Purchaser, whether under
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
the Contract, in tort, or otherwise, shall not exceed the total Contract
Price, provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment, or to any obligation of the
Supplier to indemnify the Purchaser with respect to patent
infringement.
30
Change in Laws and Regulations
Unless otherwise specified in the Contract, if after the date of the Invitation
for Bids, any law, regulation, ordinance, order or bylaw having the force of
law is enacted, promulgated, abrogated, or changed in Nepal where the Site
is located (which shall be deemed to include any change in interpretation or
application by the competent authorities) that subsequently affects the
Delivery Date and/or the Contract Price, then such Delivery Date and/or
Contract Price shall be correspondingly increased or decreased, to the
extent that the Supplier has thereby been affected in the performance of
any of its obligations under the Contract. Notwithstanding the foregoing,
such additional or reduced cost shall not be separately paid or credited if
the same has already been accounted for in the price adjustment provisions
where applicable, in accordance with GCC Clause 14.
31
Force Majeure
31.1
The Supplier shall not be liable for forfeiture of its Performance Security,
liquidated damages, or termination for default if and to the extent that its
delay in performance or other failure to perform its obligations under the
Contract is the result of an event of Force Majeure.
31.2
For purposes of this Clause, “Force Majeure” means an event or situation
beyond the control of the Supplier that is not foreseeable, is unavoidable,
and its origin is not due to negligence or lack of care on the part of the
Supplier. Such events may include, but not be limited to, acts of the
Purchaser in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions, and freight embargoes.
31.3
If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such condition and the cause thereof. Unless
otherwise directed by the Purchaser in writing, the Supplier shall continue
to perform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance
not prevented by the Force Majeure event.
32
Change Orders and Contract Amendments
32.1
The Purchaser may at any time order the Supplier through Notice in
accordance GCC Clause 7, to make changes within the general scope of the
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
Contract in any one or more of the following:
(a) drawings, designs, or specifications, where Goods to be furnished
under the Contract are to be specifically manufactured for the
Purchaser;
(b) the method of shipment or packing;
(c) the place of delivery; and
(d) the Related Services to be provided by the Supplier.
32.2
If any such change causes an increase or decrease in the cost of, or the
time required for, the Supplier’s performance of any provisions under the
Contract, an equitable adjustment shall be made in the Contract Price or
in the Delivery and Completion Schedule, or both, and the Contract shall
accordingly be amended. Any claims by the Supplier for adjustment
under this Clause must be asserted within thirty (30) days from the date
of the Supplier’s receipt of the Purchaser’s change order.
32.3
Prices to be charged by the Supplier for any Related Services that might be
needed but which were not included in the Contract shall be agreed upon
in advance by the parties and shall not exceed the prevailing rates
charged to other parties by the Supplier for similar services.
33
Extensions of Time
33.1
If at any time during performance of the Contract, the Supplier or its
Subcontractors should encounter conditions impeding timely delivery of
the Goods or completion of Related Services pursuant to GCC Clause 11,
the Supplier shall promptly, and at least seven (7) days before the expiry
of procurement contract, notify the Purchaser in writing of the delay, its
likely duration, and its cause. As soon as practicable after receipt of the
Supplier’s notice, the Purchaser shall evaluate the situation and may at its
discretion extend the Supplier’s time for performance, in which case the
extension shall be ratified by the parties by amendment of the Contract.
33.2
Except in case of Force Majeure, as provided under GCC Clause 31, a delay
by the Supplier in the performance of its Delivery and Completion
obligations shall render the Supplier liable to the imposition of liquidated
damages pursuant to GCC Clause 26, unless an extension of time is agreed
upon, pursuant to GCC Sub-Clause 34.1.
34
Termination
34.1
Termination for Default
(a) The Purchaser, without prejudice to any other remedy for breach of
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
Contract, by Notice of default sent to the Supplier, may terminate the
Contract in whole or in part:
(i)
if the Supplier fails to deliver any or all of the Goods within the
period specified in the Contract, or within any extension thereof
granted by the Purchaser pursuant to GCC Clause 33; or
(ii)
if the Supplier fails to perform any other obligation under the
Contract.
(b) In the event the Purchaser terminates the Contract in whole or in part,
pursuant to GCC Clause 34.1(a), the Purchaser may procure, upon such
terms and in such manner as it deems appropriate, Goods or Related
Services similar to those undelivered or not performed, and the
Supplier shall be liable to the Purchaser for any additional costs for
such similar Goods or Related Services. However, the Supplier shall
continue performance of the Contract to the extent not terminated.
(c) if the Supplier, in the judgment of the Purchaser has engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices, as
defined in GCC Clause 3, in competing for or in executing the
Contract.
34.2
Termination for Insolvency
The Purchaser may at any time terminate the Contract by giving Notice to
the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In
such event, termination will be without compensation to the Supplier,
provided that such termination will not prejudice or affect any right of
action or remedy that has accrued or will accrue thereafter to the
Purchaser.
34.3
Termination for Convenience
(a) The Purchaser, by written Notice sent to the Supplier, may terminate
the Contract, in whole or in part, at any time for its convenience. The
Notice of termination shall specify that termination is for the
Purchaser’s convenience, the extent to which performance of the
Supplier under the Contract is terminated, and the date upon which
such termination becomes effective.
(b) The Goods that are complete and ready for shipment within seven (7)
days after the Supplier’s receipt of the Notice of termination shall be
accepted by the Purchaser at the Contract terms and prices. For the
remaining Goods, the Purchaser may elect:
(I) To have any portion completed and delivered at the Contract
terms and prices; and/or
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Clause
No.
Particulars of CDSC’s Requirements
Bidder’s Compliance
Statement: FC/PC/NC
(ii) To cancel the remainder and pay to the Supplier an agreed
amount for partially completed Goods and Related Services and
for materials and parts previously procured by the Supplier.
35
Assignment
Neither the Purchaser nor the Supplier shall assign, in whole or in part,
their obligations under this Contract, except with prior written consent of
the other party.
End of Section VII: General Conditions of Contract (GCC)
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Section VIII. Special Conditions of Contract
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Section VIII. Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the
GCC.
GCC Clause
Reference
Particulars
GCC 1.1(i)
The Purchaser’s country is Nepal
GCC 1.1(j)
The Purchaser is CDS and Clearing Ltd.
GCC 1.1 (p)
The Site is, Kathmandu, Nepal
GCC 5.1
The language shall be English
GCC 7.1
For notices, the Purchaser’s address shall be:
Bidder’s Compliance
Statement: FC/PC/NC
Name of the Purchaser: CDS and Clearing Ltd.
Address: Nepal Stock Exchange Ltd., Singh Durbar Plaza,
Kathmandu, Nepal
Telephone number: 4250759
Facsimile number: 4268538
e-mail Address: vgurung@nepalstock.com
For notices, the Suppliers’ address shall be: [insert full name
and address of Suppliers including telephone number,
facsimile number and electronic mail address (if applicable)]
Name and Address of the Supplier:
Telephone number:
Facsimile number:
e-mail Address:
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CDS and Clearing Ltd.
GCC Clause
Reference
Particulars
GCC 9.2
A dispute of the procurement contract having contract price
valuing up to one hundred million Rupees shall be resolved by
the adjudicator and a dispute of the procurement contract
having contract price more than that shall be resolved by a
three-member dispute resolution committee.
The adjudicator or dispute resolution committee shall deliver its
decision within thirty days of submission of dispute before him/it
stating the reasons and grounds for sustaining and not sustaining
the claim of the concerned party.
A party not satisfied with the decision shall start, within thirty
days of such decision being made, the proceedings of resolving
such dispute through arbitration.
In the case of dispute between the Purchaser and the Supplier,
the dispute shall be referred to arbitration in accordance with
the laws prevailing in Nepal”
GCC 10.1
The Scope of Supply shall be defined in: [insert “Section V,
Schedule of Requirements” or indicate where the Scope of
Supply shall be defined. At the time of awarding the Contract,
the Purchaser shall specify any change in the Scope of Supply
with respect to Section V, Schedule of Requirements included
in the Bidding Document. Such changes may be due, for
instance, if the quantities of Goods and Related Services are
increased or decreased at the time of award.]
GCC 11.1
Upon delivery of the Goods to the Purchaser, the Supplier
shall submit the following documents to the Purchaser:
Bidder’s Compliance
Statement: FC/PC/NC
a)
Certificate of origin; and
b) Supplier’s/Manufacturer Factory Test Report
GCC 15.1
100% Payment of the Goods and Services shall be made through
Irrevocable Letter of Credit (L/C) opened in favour of Supplier.
All payment under this contract shall be made only after deduction of
withholding tax (TDS – Tax Deduction at Source) as per the Income
tax law of government of Nepal applicable at the time of the
payment
Opening of L/C
1. Goods and Services (Excluding Warranty and Extended Warranty
Service)
The Irrevocable Letter of Credit (L/C) for the amount of the Goods
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GCC Clause
Reference
Particulars
Bidder’s Compliance
Statement: FC/PC/NC
only will be opened first and afterward the amount of service
portion (excluding warranty and Extended Warranty Services) will
be added by amending the original L/C.
L/C shall be opened within 15 days from the date of signing the
Contract provided the error free Pro-Forma invoice has been
submitted by Supplier within seven (7) days from the date of
signing of the Contract.
2. Warranty Service
The amount of the warranty service shall be added by amending
the original L/C before the issuance of FAC. Supplier shall submit
the pro-forma invoice for the warranty service.
3. Extended Warranty Service
A separate L/C shall be opened for the amount of Extended
warranty Service before the expiry of warranty period. The
supplier shall submit pro-forma invoice and Performance Security
amounting 10% of the cost of Extended Warranty Service.
Delay in submission of the error free pro-forma invoice may result in
delay in opening of letter of credit which ultimately may delay the
implementation of the system and shall attract liquidated damage.
The supplier shall provide separate pro-forma and commercial invoices
for the goods and services.
GCC 15.1
1. Payments shall be made in Nepalese Rupees in the
following manner:
1. Payment of Goods (Hardware and System Software)
a. Advance Payment:
Twenty Percent (20%) of the total Price of the Goods (Hardware and
System Software) will be paid through Letter of Credit against
submission of Advance Payment Guarantee for the equivalent amount
by the Supplier to the CDSC within 30 days from the date of receipt of
Advance Payment Guarantee. The validity of such bank guarantee shall
be 6 months from its issuance date. In case of delay in delivery of the
complete hardware under the respective phase, the validity of the
guarantee shall be extended accordingly.
b. On Delivery Completion Certificate (DCC)
Forty Percent (40%) of the price of the Goods shall be made through
irrevocable L/C within thirty (30) days upon issuance of Delivery
completion Certificate (DCC) as mentioned in the Clause No. 5.3 of
Section IV: Conditions of Contract.
Liquidated damages, short fall of goods found during physical
counting and any other charges payable to the CDSC shall be
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GCC Clause
Reference
Particulars
Bidder’s Compliance
Statement: FC/PC/NC
deducted at the time of this payment.
c. On Provisional Acceptance Certificate (PAC): Twenty percent
(20%) payments of the goods shall be made through irrevocable
letter of credit (L/C) within thirty (30) days from the date of
issuance of Provisional Acceptance Certificate as per Section VIII,
Chapter 1: General technical specification.
Liquidated damages, short fall of goods found during PAT and any
other charges payable to the CDSC shall be deducted at the time of
this payment.
d. On Final Acceptance Certificate (FAC): Twenty percent (20%)
payments of the goods shall be made through irrevocable letter of
credit (L/C) within thirty (30) days from the date of issuance of
Final Acceptance Certificate as per Section VIII, Chapter 1.
2. Payment of Services
a) Training:
100 % payment of the training cost shall be made through L/C upon
claim after the successful completion of the training and factory
testing respectively. CDSC will certify such claims within 30 days of
submission.
b)
Payment of Installation, Testing and Commissioning
I) 80% payment for Installation, Supervision, Testing will be
made within 30 days from the date of issuance of PAC.
II) Final 20% payment for Installation, Supervision will be made
after the issuance of Final Acceptance Certificate for the complete
system.
c)
Payment for Warranty Service
Payment for warranty service for one year will be paid on quarterly
basis on certification by CDSC’s General Manager of satisfactory
discharge of services as per Section VIII, Chapter 1: General technical
specifications. The payment will be made on pro-rata basis.
d)
Payment for 3 Years Extended Warranty Service
Payment for three years warranty service will be paid in twelve
consecutive quarterly installments starting from the satisfactory
completion of the warranty period of one year as per Section VIII,
Chapter 1: General technical specifications. A separate L/C will be
opened for this purpose.
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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GCC Clause
Reference
GCC 22.2
Particulars
Bidder’s Compliance
Statement: FC/PC/NC
A complete packing list indicating the content of each package
shall be enclosed in a water proof envelope and shall be
secured to the outside of the packing case. In addition, each
package shall be marked with indelible ink/paint in bold
letters, as follows:
a. Contract number :
b. Name and address of the Purchaser:
c. Country of origin,
d. Gross weight
e. Net weight
f. Package number of total number of packages
g. Brief description of content
h. [Insert any other additional marking]
Upright markings, where appropriate, shall be placed on all
four vertical sides of the package.
All materials used for packing shall be environmentally neutral.
GCC 24.1
Obligations for transportation of the Goods:
The supplier is required under the contract to transport the
Goods to a specified place of final destination.
GCC 26.1
The applicable rate of liquidated damages shall be 0.5 percent
of the Contract Price per week.
GCC 26.1
The maximum amount of liquidated damages shall be: ten (10)
percent of the Contract Price.
GCC 27.3
The period of validity of the Warranty shall be: One (1) year
from the date of issuance of FAC.
GCC 27.5
The Supplier shall correct any defects covered by the Warranty
within: 60 days of being notified by the Purchaser of the
occurrence of such defects.
GCC 11.1
Delivery, installation and commissioning of Goods: Within 60
Days from the date of signing of the Contract
End of Section VIII: Special Conditions of Contract (SCC)
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Section IX. Contract Forms
Table of Forms
Letter of Intent
Letter of Acceptance
Agreement Form
Performance Security
Advance Payment Security
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Letter of Intent
[on letterhead paper of the CDSC]
. . . . . . . date. . . . . . .
To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . .
Subject:
. . . . . . . . . . Issuance of letter of intent to award the contract . . . . . . . . . .
This is to notify you that, it is our intention to award the contract ………. dated …….…….. for execution of the . . .
. . . . . .name of the contract and identification number, as given in the Contract Data/SCC to you as your bid price . . . . . . . .
.amount in figures and words in Nepalese Rupees ………………. as corrected and modified in accordance with the
Instructions to Bidders is hereby selected as substantially responsive lowest evaluated bid.
Authorized Signature: ....................................................................................
Name: ............................................................................................................
Title: ...............................................................................................................
CC:
[Insert name and address of all other Bidders, who submitted the bid]
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Letter of Acceptance
[on letterhead paper of the CDSC]
. . . . . . . date. . . . . . .
To: . . . . . . . . . . name and address of the Contractor . . . . . . . . . .
Subject:
. . . . . . . . . . Notification of Award
This is to notify that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of the contract and
identification number, as given in the Contract Data/SCC . . . . . . . . . . for the Contract price of Nepalese Rupees [insert
amount in figures and words in Nepalese Rupees], as corrected in accordance with the Instructions to Bidders is hereby
accepted in accordance with the Instruction to Bidders.
You are hereby instructed to contract this office to sign the formal contract agreement within 15 days. As per
the Conditions of Contract, you are also required to submit Performance Security, as specified in SCC,
consisting of a Bank Guarantee in the format included in Section VIII (Contract Forms) of the Bidding
Document.
The CDSC shall forfeit the bid security, in case you fail to furnish the Performance Security and to sign the
contract within specified period.
Authorized Signature: ....................................................................................
NAME AND TITLE OF SIGNATORY:
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Agreement Form
THIS AGREEMENT made on the [insert number] day of [insert month], [insert year], between
[insert complete name of Purchaser] of [insert complete address of Purchaser] (hereinafter “the
Purchaser”), of the one part, and [insert complete name of Supplier] of [insert complete address
of Supplier] (hereinafter “the Supplier”), of the other part:
WHEREAS the Purchaser invited Bids for certain Goods and Related Services, viz., [insert brief
description of the Goods and Related Services] and has accepted a Bid by the Supplier for the
supply of those Goods and Related Services in the sum of NRs ……..[insert amount of contract
price in words and figures including taxes] (hereinafter “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
(a)
(b)
(c)
(d)
(e)
(f)
the Purchaser’s Notification to the Supplier of Award of Contract;
the Bid Submission Form and the Price Schedules submitted by the Supplier;
the Special Conditions of Contract;
the General Conditions of Contract;
the Schedule of Requirements; and
[indicate other documents required]
This Contract shall prevail over all other Contract documents. In the event of any discrepancy
or inconsistency within the Contract documents, then the documents shall prevail in the order
listed above.
3. In consideration of the payments to be made by the Purchaser to the Supplier as indicated in
this Agreement, the Supplier hereby covenants with the Purchaser to provide the Goods and
Related Services and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
Goods and Related Services and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance
with the laws of “Nepal” on the day, month, and year indicated above.
Signed by [insert authorized signature for the Purchaser] (for the Purchaser)
Signed by [insert authorized signature for the Supplier] (for the Supplier)
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Performance Security
[insert complete name and number of Contract]
To: [insert complete name of Purchaser]
WHEREAS [insert complete name of Supplier] (hereinafter “the Supplier”) has received the
notification of award for the execution of [insert identification number and name of contract]
(hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the Supplier
shall furnish you with a security [insert type of security] issued by a reputable guarantor for
the sum specified therein as security for compliance with the Supplier’s performance
obligations in accordance with the Contract.
AND WHEREAS the undersigned [insert complete name of Guarantor], legally domiciled in
[insert complete address of Guarantor], (hereinafter the “Guarantor”), have agreed to give
the Supplier a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the
Supplier, up to a total of [insert currency and amount of guarantee in words and figures] and
we undertake to pay you, upon your first written demand declaring the Supplier to be in
default under the Contract, without cavil or argument, any sum or sums within the limits of
[insert currency and amount of guarantee in words and figures] as aforesaid, without your
needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This security is valid until the [insert day, month, year].
Name: [insert complete name of person signing the Security]
In the capacity of: [insert legal capacity of person signing the Security]
Signed: [insert signature of person whose name and capacity are shown above]
Duly authorized to sign the security for and on behalf of: [insert seal and complete name of
Guarantor]
Date: [insert date of signing]
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and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Section X: General Technical Specification
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
General
1
In Central Depository System the securities of a shareholder are held in
electronic form in book keeping entry mode by converting the physical
securities to electronic form through a process called “ dematerialization “
of share certificates. Almost every capital markets in the world have
adopted the central depository system with an efficient and effective
clearing and settlement system thereby widening the capital market by
eliminating the bottlenecks in this market. After experiencing the persistent
problems in the present system of physical delivery of the securities being
traded in the NEPSE, establishment of the Central Depository System and
automated Clearing and Settlement System (CDS and C& SS) has become a
paramount importance. It is needed to establish the CDS and C&SS to bring
in more participation locally and through foreign investment in the capital
market, thus improving the liquidity and trading depth in the market by
also improving the investor confidence in the stock market. To materialize
this CDS and C&SS, Government of India has provided grant assistance to
develop CDS software and for consultancy to set up the system by CDSC. In
pursuance of receiving grant assistance, Central Depository Services (India)
Ltd has been assigned the contract of consultancy services vide agreement
dated 15th January 2010 and separate agreement has been entered dated
12th September 2010 with CMC Ltd. to develop the required software for
depository system and for the clearing and settlement system. To set up the
central depository and clearing and settlement system the required
computer hardware compatible to the software being developed needs to
be procured by CDSC under the agreement entered with CMC Ltd. NEPSE
and CMC Ltd. entered into an agreement on the recommendation of
Consultant, Central Depository Services (India) Ltd. for the development of
the software called “Versatile Depository Accounting System (Vedas) and
“Clearing & Settlement (C & S) system.
It is to be noted by the bidder that the offered hardware platform by the
Bidder shall be capable to run the aforesaid software being developed by
CMC Ltd. under the agreement. Bidder shall also need to confirm that it
shall provide all necessary hardware, software and support during such
integration and interworking with the offered system as qualified
equipment. Any additional cost that may be required to make the
hardware being supplied to be compatible with the aforesaid software
needs to be borne by the Bidder without passing any additional cost to
CDSC other than that of quoted price
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CDS and Clearing Ltd.
Scope of Work
2
1. Supply, Delivery, Installation and Commissioning the components as
per the Section IV: SOR
2. Warranty
3. Extended Warranty
4. Training
Supply, Delivery, Installation and Commissioning
3
3.1
Delivery of the Goods
Supplier shall deliver all the goods in single lot in CDSC,s store in Kathmandu.
3.1.2
Material Verification
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3.1.3
The material shall be verified jointly by representative of CDSC and Supplier
representative as per invoice and packing list, and then received by supplier’s
representative before the start of installation.
CDSC will issue delivery completion certificate, provided, all the materials are
delivered according to Packing List/Bill of quantity and invoice.
3.1.4
Hardware deficiency record will be maintained if some items are found
missing.
Issuance of Delivery Completion Certificate (DCC):
CDSC shall issue Delivery completion Certificate, within 30 days against;
1) all the materials delivered for mentioned sites according to Packing
List/Bill of quantity without any major deficiency. However, if some
items are found to be missing during installation, testing supplier shall
deliver items as required at no additional cost to CDSC.
2) Submission of all the documents mentioned in GCC 11.1 of Section VII.
In case of non delivery of the minor hardware (hardware which do not affect
in immediate installation and testing), CDSC shall issue the DCC mentioning
list of the minor non delivered equipment and payment shall be made by
deducting the price of the minor non delivered equipment.
However, the Supplier shall deliver all the hardware before completion of
installation and testing, otherwise the system is not considered to be ready
for PAT.
Issuance of DCC will not prejudice any claim with respect to any missing item
or defect or malfunction, which may subsequently develop during the course
of project.
Installation and Commissioning
3.2
3.2.1
3.2.2
3.2.3
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The supplier shall be fully responsible for timely and proper installation,
testing and commissioning of the entire system. Bidder shall provide the
detail break down of services as per BOQ. The supplier shall depute a
Technical Supervisor until the issuance of Final Acceptance Certificate. The
Technical Supervisor shall be fully capable to handle all the technical issues
related to the contract.
The supplier shall engage the people who have had earlier experience in the
installation, testing and commissioning of the offered system. The supplier
shall provide bio-data of all the people who will be engaged in this project,
including their experiences. CDSC shall have full authority to reject and ask
the supplier to arrange experienced people having adequate knowledge in
related field. If the supplier intends to use the sub-contractors for the
installation, testing and commissioning of the system, the above conditions
will apply to the installation, testing and commissioning teams from the subcontractors also.
The site for the offered system will be at CDSC office at Kathmandu, Nepal
and connection of city power supply shall be the responsibility of CDSC.
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
3.2.4
3.2.5
The supplier shall provide detailed installation documents containing all
necessary installation diagrams, installation practices and testing procedures
to be followed to achieve proper installation. The supplier shall be fully
responsible for timely completion of installation, testing and commissioning
of entire system
During the installation, testing and commissioning of the offered Hardware
and System Software, If offered quantities (HW/SW) are not sufficient,
then all additional materials required for making the system fully
functional and to meet the requirement of specifications must be provided
free of cost to CDSC.
Acceptance Testing
3.3
The entire system is subject to Provisional Acceptance Testing at the
installation site after the completion of installation and testing before
handover to CDSC.
3.3.1
Acceptance Test Document
The supplier shall provide detailed acceptance test procedure for approval to
CDSC at least one (1) month prior to the starting date of Provisional
Acceptance Testing.
CDSC shall have the authority to approve or reject the acceptance test
procedure and to include in its discretion any other test in the acceptance
test procedure either to test the requirements within the CDSC’s Technical
Specification and/or to clarify doubts on the integrity of the equipment
under test. During the Acceptance Testing, CDSC’s Acceptance Test team
may perform additional tests not included in approved acceptance test
procedure, but within tender document. The supplier shall make necessary
arrangements for such tests, including the tools and test equipment required
for the tests.
Provisional Acceptance Test
3.4
3.4.1
3.4.2
3.4.3
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Provisional acceptance testing shall consist of physical counting of the
materials delivered and installed as well as verification of the technical
performance of the equipment in accordance with the CDSC’s Technical
Specification.
In the physical counting, all the materials and equipment will be checked to
confirm their delivery and installation as per the bill of quantities in the
contract. The materials will also be checked against the packing list of the
shipping document and the contract quantities. Materials not used in the
installation shall be returned to CDSC store
After completion of the Provisional Acceptance Test, CDSC will issue the
Provisional Acceptance Certificate or Rejection Letter within thirty (30) days
from the date of completion of the provisional acceptance testing. If all the
tests are successfully performed or if only minor deficiencies are noticed, the
Provisional Acceptance Certificate shall be issued within thirty (30) days from
the date of completion of Provisional Acceptance Testing with the condition
that the minor deficiencies will be cleared within one month from the date
of issuance of the certificate.
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
3.4.4
3.4.5
Issuance of Provisional Acceptance Certificate will not prejudice any claim
with respect to any defect or malfunction, which may subsequently develop
during the warranty period.
CDSC will put the system for commercial operation after the Provisional
Acceptance Test, provided the acceptance testing is completed successfully.
If the testing and commissioning of the system is delayed beyond the
contract schedule period for reasons attributable to the supplier and/or if
there are major deficiencies that do not affect the operation of system, CDSC
will have full authority to put the system into commercial service before
issuing Provisional Acceptance Certificate. Under such circumstances, the
supplier is required to make the basic functions and services already in use,
ready for putting the system into service and provide maintenance service
(technical support and maintenance of Hardware and Software) from the
date the system is put into commercial service at no additional cost to CDSC.
Stabilization Period
3.5
Upon successful completion of the Provisional Acceptance Tests and
issuance of the Provisional Acceptance Certificate, the Stabilization Period of
ninety (90) days, shall commence. The stabilization period shall be
considered successfully completed if each of the following requirements is
met during ninety (90) consecutive days.
a)
The service availability of offered system shall be more than 99.99%
of the time.
b)
No single outage shall exceed duration of one hour due to
equipment/ application failure.
c)
Major faults or any fault affecting all the customers shall be
rectified within 24 hours.
d)
Minor faults, not affecting the services, reported to the supplier
during this period shall be rectified within 48 hours.
e)
The supplier’s support team shall provide regular O&M reports on
daily, weekly and monthly basis during the stabilization period. The
contents and format of such reports shall be prepared by the
supplier and approved by Nepal Tele CDSC com before start of the
Provisional Acceptance Testing.
If all the requirements mentioned in the preceding Clause are not met,
another stabilization period of ninety (90) days shall be put into effect
from the last date of occurrence of the fault/outage or failure. The
financial loss incurred to CDSC due to outages of the active service shall
be calculated on the basis of analysis of the last one month data. Such
monitory loss shall be compensated from the supplier.
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Final Acceptance
3.6
CDSC will issue the Final Acceptance Certificate after the supplier fulfills the
following requirements.
a)
Successful completion of stabilization period
b)
Successful implementation of all the technical requirements of
CDSC’s Specification and other obligations as per the contract.
c)
Clearance of all deficiencies from the Provisional Acceptance Testing
The Final Acceptance Certificate shall not be issued until the supplier fulfills
all of the above requirements.
Warranty Period
4
The twelve (12) month period following the issuance of Final Acceptance
Certificate of the supplied system shall be termed as the Warranty Period.
4.1
During the warranty period, all the faulty equipment shall be replaced or
repaired and all the defects in system hardware and software must be
solved, by the supplier on immediate basis, with all reasonable speed.
4.2
In order to solve the problem, Supplier may use the spares (if required) from
CDSC’s spare pool. However, Supplier shall repair or replace faulty
card/equipment within 15 days from the date of requisition of spares from
the CDSC.
4.3
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Warranty Service
4.4
The supplier shall provide the following services during the warranty period.
a)
Regular monitoring of the performance of the system and reporting to
CDSC.
a)
Provide immediate support through onsite support, tele-assistance
service, phone, fax, e-mail, on-line support, remote access, local support
within 48 hrs of reporting in case of major problems affecting the
smooth operation of the tools.
Repair and/or replacement of defective equipment (Please refer to
Clause no. 14.3 of this section)
b)
c)
Provide services of the experts on immediate basis in case of major
problems affecting all the customers
d)
Upgrade hardware and software to new versions/releases, if required,
for solving the problems without any extra cost to CDSC. This
operation shall not affect any of the system components and services
which are not related it.
e)
Bidder shall maintain a local stock of spare in adequate quantity in
order to avoid system disturbance due to repair/replacement
procedure (turn around time of faulty parts). The bidder shall provide
the list of spares. The critical parts shall be replaced as soon as possible
not later than 2 hours, depending upon the severity of the problem.
The local stock shall include the third party equipments spares also.
The cost of the spares shall be included in the cost warranty and
extended warranty
The supplier shall depute experienced personnel for one year to provide the
warranty services mentioned above. The warranty period shall be extended
and the payments withheld if the services mentioned above are not provided
to the satisfaction of CDSC. The warranty period shall be considered
successfully completed only if all the repairs and support issues raised during
the period are fully resolved to the satisfaction of CDSC.
The bidder shall quote the price for warranty services. This price will be
considered for evaluation.
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Extended Warranty for three (3) years
4.5
The bidders are required to quote for three (3) years extended warranty. The
services to be provided by the supplier are the same as those to be provided
during the warranty period of one year except that the supplier is not
required to depute one resident engineer for the extended warranty period
of 3 years. The extended warranty period shall start after the satisfactory
completion of warranty period of one year. The extended warranty period
shall be extended and the payments withheld if the services mentioned
above are not provided to the satisfaction of CDSC. The extended warranty
period shall be considered successfully completed only if all the repairs and
support issues raised during the period are fully resolved to the satisfaction
of CDSC. The bidder shall quote the price of extended warranty for three (3)
years on annual basis. This price will be considered for evaluation.
The agreement for the extended warranty shall be made before expiry of
warranty period based on performance during the warranty period.
Maintenance Service
4.5
The supplier shall provide technical support and service to CDSC for the
maintenance of the hardware and software of the system until the end of
extended warranty. This service will be provided after the system is put into
commercial operation and shall continue till the end of extended warranty
service. The service shall be in the form of technical support (supplying
information through documents, telephone, fax or software modifications
(patches), availing service of the experts to solve the problems and repair of
faulty parts or supply of spares. The cost of maintenance service shall be
included in the cost of warranty and extended warranty.
Emergency Support Service
4.6
This service shall constitute technical support in emergency condition
through telephone or fax, immediate shipment of hardware and software
and even immediate dispatch of expert, within 48 hours, to diagnose and
rectify the fault, which could not be solved locally. This service shall be
included in Warranty and Extended warranty Service. This service will be
provided after the system is put into commercial operation and shall
continue till the end of extended warranty service.
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4.7
Service Level Requirement: During Warranty and Extended warranty,
99% uptime for the infrastructure to be measured on a monthly basis. .
Response and resolution requirements:
1 CRITICAL EVENTS: response – immediate, resolution – within 1 hour.
2 MAJOR EVENTS: response – 1 hour, resolution - 4 Hours.
3 MINOR EVENTS: Event dependent to be mutually decided.
Four (4) Events referred are defined as follows :
Critical: Major system problem causing any function/service of the System to
be inoperable. Ex- SAN switch problem, server failure etc.
Major: A function/service unavailable. Ex- Backup operations not happening
properly.
Minor: Other problems not having major impact in any function/service of
the Systems
The warranty and extended warranty service shall cover all the items
supplied under this contract.
Training
5
The bidder is required to provide Hardware training to the CDSC’s personal.
The training shall be conducted in the supplier’s premises. The training
center shall have adequate facilities so that the trainees can acquire handson practices during the training period. The training shall be based on the
offered version of the system
The training course shall include at least the following:
5.1
a)
Overview of the offered system.
b)
Installation and Commissioning of the offered system.
c)
Operation, Maintenance and Administration of the system.
d)
System Database and its Management.
e)
System Fault Diagnosis.
f)
Performance Measurement.
The bidder shall provide Training for five (5) CDSC’s personal for a period of
10 working days. The objective of this training is to enable the trainees to
carry out independently the installation, operation, and maintenance and
repair works of the system. After training, the trainees shall also be able to
impart training on the normal operation and maintenance of the system to
other CDSC personals.
5.2
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CDS and Clearing Ltd.
Training Cost
5.3
The bidder shall quote the price for the trainings mentioned in the Clauses
5.2 of general technical specification separately. The price quoted shall
include tuition fee, training materials.
The training costs shall be considered for evaluation
End of Section X: General Technical Specification (GTS)
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Section XI: Detail Technical Specification.
A. Server
Clause
No.
1
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
System
64bit EPIC processor based system with Itanium processor available with
vendor.
2
CPU / Sockets
Two Quad core (or higher) CPU to be quoted and system should be scalable
to minimum Four CPUs. The term "CPU" here refers to One physical socket
which maybe containing multiple cores.
3
Clock speed
Minimum 1.6 GHz or higher
4
CPU performance/ energy efficiency
CPU should be capable of adjusting it’s clock frequency both above & below
its rated value based on the workload (to deliver performance or to save
energy respectively) without requiring server or application restart & with
all cores active On Die Cache
5
On Die Cache
Min. 12 MB cache per core or higher.
6
Server Form Factor
Blade/rack form factor
7
Main Memory
Should be proposed with minimum 32gb memory. Registered/ Fully
Buffered DDR3 Memory with advanced ECC. Memory should be scalable to
min 96 GB.
8
Memory RAS
Memory double chip spare or chip-kill or equivalent, to overcome two DRAM
chip failures
9
Ethernet Ports
4 x 1/10 Gigabit Ethernet ports on-board or via a full bandwidth PCI-e/PCI-X
card for each port. All ports must be auto sensing for 10G/1G operations
10
FC ports
PCI-e based Dual Port 8 Gbps FC HBA with each connection via separate FC
switches.
11
I/O Slots
At least 3 x PCI-e / PCI-X slots in each server.
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Clause
No.
Particulars of CDSC’s Requirement
12
Internal Disk
Should be configured with 2 x dual ported 300 GB, 10k rpm, SAS/SCSI/FC Hot
pluggable hard drives with RAID Support.
13
Hard disk Controller
On board HDD Controller should be offered for above quoted hard disk.
14
Operating System
64 bit Unix Operating System
15
Operating System Support
HP UX 11i v3, Linux, RHEL AS 4 U4 and SLES 10, OpenVMS V8.3 , Microsoft
Windows 2008
16
Virtualization
Should be capable of logical partitions for creating multiple independent OS
instances, in each partition.
17
Power Supply
Fully redundant hot swap power supplies should be offered.
18
Fans
Hot plug redundant fans to be offered.
19
Roadmap
Official Roadmap of at least next two generations of CPUs of the quoted
servers must be provided.
20
Operating System Features
Should have inbuilt 64 bit Enterprise Unix volume Manager.
Should have support for clustering.
Native Multipath for connecting to storage should be provided.
OS should be of the same OEM brand as the server and should have
minimum features like full binary compatibility across versions. Must be
quoted with cluster software for active-passive failovers and ensure a
minimum of 99.9% annul uptime at cluster level on the DB layer.
21
Management Console
Dedicated 10/100 Ethernet port for out of band management via Web based
remote interface and remote console
22
Clustering
The servers should be proposed with OS based clustering and should support
the scripting for automatic failover of the applications
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Bidder’s Compliance
Statement: FC/PC/NC
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
Scalability
The Server quoted shall be in-place upgradeable to the higher models of the
same series. This must not be a forklift upgrade and must not require a full
hardware replacement and/or an OS re-install
23
B. Central Storage
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
Operating System & Clustering Support
1. The storage array should support industry-leading Operating System
platforms including: Windows Server 2003, 2008, Vmware, Sun Solaris,
HP-UX, IBM-AIX and Linux.
1
2. Offered Storage Shall support all above operating systems in
Clustering.
Capacity & Scalability
1. The Storage Array shall be offered with FC 15K RPM disk of 450 GB
capacity , usable space should be 3.5 TB after RAID 5 and --SATA/FATA 7.2K RPM disks of ---1 TB--- capacity with 8 TB usable
capacity after RAID 5
2
2. Storage shall be scalable to minimum of 96 numbers of drives or
43TB using 450GB drives.
3
Processing Power
Offered controllers shall be based on latest PCI-e technology to ensure
that there is no bottleneck for IO communication.
4
Architecture & Processing Power
1. The storage array should support dual, redundant, hot-pluggable;
active-active array controllers with RISC based processors for high
performance and reliability
2. Storage Array shall have Real Time / Embedded Unix Operating
system to avoid frequent Failures.
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Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
No Single point of Failure
1. The storage array should support dual, redundant, hot-pluggable;
active-active array controllers with RISC based processors for high
performance and reliability
5
2. Storage Array shall have Real Time / Embedded Unix Operating
system to avoid frequent Failures.
Disk Drive Support
1.Offered Storage Array shall support 4Gbps dual-ported
300GB/450GB/600GB hot-pluggable Enterprise FC hard drives,
Minimum of 72 GB SSD Drives along with S-ATA/F-ATA (1TB) drives in
the same device shelf.
Cache
1. Offered Storage Array shall be given with Minimum of 4GB cache in
a single unit out of which at least 1GB shall be usable write cache.
2. Cache shall be mirrored using dedicated PCI-express bus and shall
not use Disk data path.
3. Cache shall be dynamic
6
7
Raid Support
1. Offered Storage Subsystem shall support Raid 0, 1 , 1+0, 5 and Raid
6.
8
2. Offered Storage subsystem controllers shall have capability to
create a single volume of more than 32TB
3. Storage subsystem shall support expansion of both Disk group and
raid.
9
Data Protection
1. Incase of Power failure, Storage array shall be able to hold data in
the cache for at-least 96 hours of time or destage to disk drives.
Bidders shall ensure that in case of de-stanging, dual redundant
Standby power supplies are configured.
10
Host Ports & Back-end Ports
Offered Storage shall have minimum of 4 host ports for connectivity to
servers & minimum of 4 device ports for Disk shelf connectivity
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Clause
No.
Particulars of CDSC’s Requirement
11
Host Connections
The storage shall support at least 250 hosts and licenses to connect all
supported hosts shall be provided with the array.
12
Ports Bandwidth
Offered storage shall be end to end 4Gbps where each drive and drive
shelf shall be connected through dual active-active paths.
13
Global Hot Spare
1. Offered Storage Array shall support distributed Global hot Spare for
offered Disk drives.
Bidder’s Compliance
Statement: FC/PC/NC
2. At least 2 Global hot spare drive shall be configured for each
configured drive.
Performance
1. Offered Storage subsystem shall support more than 1, 30,000 IOPS.
14
2. Shall have capability to use more than 30 drives per array group or
raid group for better performance.
3. Shall support more than 1500MB/sec sequential throughput.
Load Balancing & Multi-path
15
1. Multi-path and load balancing software shall be provided, if vendor
does not support MPIO functionality of Operating system.
16
Maintenance
Offered storage shall support online non-disruptive firmware upgrade
for both Controller and disk drives.
17
Re-build time
For better re-build times in case of disk failure, offered storage rebuild
operations shall not depends upon the number of drives in the raid
group.
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Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
Local Copy
1. Shall support Snapshot, Capacity free snapshot without locking the
disk space, Full physical copy (Clone).
18
2. Shall support incremental re-synchronization of business copy with
Primary volume.
3. Shall support more than 48 business copy of a given pr
19
Storage Array Configuration & Management Software
1. Vendor shall provide Storage Array configuration and Management
software.
2. Software shall be able to manage more than one array of same family.
20
Performance Management
Vendor shall also offer the performance management software for Storage
Array.
21
Remote Replication
1. Storage shall support both Synchronous and Asynchronous replication at
controller level.
2. Shall support continuous replication to Remote location without using any
buffering technology inside cache at Primary location for better Recovery
Point.
C. Storage and Backup Management Server
Clause
No.
Particulars of CDSC’s Requirement
1
CPU
1 x Intel® Xeon® E5504 ( 2.0 GHz, 4MB Cache, 6.4GT/s QPI, Turbo, VT, HT or
above)
2
RAM
4 GB DDR3
3
Cache Memory
4 MB L3 Cache Memory per Processor or above
4
FSB
6.4 GT/s or above
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Bidder’s Compliance
Statement: FC/PC/NC
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
5
Chipset
Intel 5520 Chipset or higher
6
Memory
DDR3 FBD ECC DIMMs or above
7
Memory Expandability
96 GB or above. (Expandability to 96 GB means sufficient free slots should be
available for expansion from day one to 96 GB). The existing memory should
be reusable.
8
Disk Controllers
Serial Attached SCSI controller on board with RAID 0 & 1 capability
9
Hard Disk Drives
2.5" 10 K RPM SAS Hot Swappable HDD.
10
Hard Disk Capacity
300GB (2 Disks) or above.
11
Ethernet
Dual Port 10/100/1000Mbps or higher Ethernet Adapter + 2 additional
Ethernet Ports
12
I/O Expansions
I/O expansion slot/enclosure for upgrade of Ethernet Adapter / Memory
/HBAs.
Fiber Connect
Dual Port 4Gbps Fiber Adapter to connect to SAN
13
14
Video
Onboard 8MB or above Memory for Graphics
15
System Management
Should provide system and environmental monitoring, event recording, alert
notification capability. Should have interface for inter- management
communication with Blade Chassis Management module.
16
Form Factor
2U
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Bidder’s Compliance
Statement: FC/PC/NC
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
D. Tape Library
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
LTO STORAGE TAPE LIBRARY
1
LTO 4 1840 model or Above, Fiber Channel
2
Uncompressed Capacity
minimum 800 GB
3
Compressed Capacity
1600 GB
4
Drives
Minimum two drives
5
SLOTS
48 Nos. of slots OR Above
6
Software Compatibility
Should support backup and archiving software applications from HP,
CA, and VERITAS, Backbone, Legato, Tivoli and other industry standard
backup software.
7
Management and Diagnostics Software Included
Tape Tools software provides a single application for managing and
troubleshooting the tape drive, media and configuration.
8
LTO Open Standard
Drive technology based on an open standard that provides for media
compatibility across all brands of LTO products. LTO to connect to SAN
Storage.
9
Operating Systems support
OS support should be available for Windows Server® 2003, Windows
Server® 2008 & Linux® RHEL5, Xen, VMware, Hyper-V.
10
Form Factor
Maximum 4 U
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E. SAN Switches
Clause
No.
Particulars of CDSC’s Requirement
1
Minimum Dual SAN switches shall be configured where each SAN
switch shall be configured with minimum of 8 Ports scalable to 24
ports.
2
Required scalability shall not be achieved by cascading the number of
switches and shall be offered within the common chassis only
Should deliver 8 Gbit/Sec Non-blocking architecture with 1:1
performance for up to 24 ports in a energy-efficient fashion
Should protect existing device investments with auto-sensing 1, 2, 4,
and 8 Gbit/sec capabilities.
The switch shall support different port types such as FL_Port, F_Port,
M_Port (Mirror Port), and E_Port; self-discovery based on switch type
(U_Port); optional port type control in Access Gateway mode: F_Port
and NPIV-enabled N_Port
3
4
5
6
7
8
9
10
11
12
13
14
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Bidder’s Compliance
Statement: FC/PC/NC
The switch should be rack mountable
Non disruptive Microcode/ firmware Upgrades and hot code
activation.
The switch shall provide Aggregate bandwidth of 192 Gbit/sec: 24
ports × 8 Gbit/sec (data rate) end to end.
Switch shall have support for web based management and should also
support CLI.
The switch should have USB port for firmware download, support
save, and configuration upload/download.
Offered SAN switches shall be highly efficient in power consumption.
Bidder shall ensure that each offered SAN switch shall consume less
than 60 Watt of power.
Switch shall support POST and online/offline diagnostics, including
RAStrace logging, environmental monitoring, non-disruptive daemon
restart, FC ping and Path info (FC trace route), port mirroring (SPAN
port).
Offered SAN switch shall support services such as Quality of Service
(QoS) to help optimize application performance in consolidated,
virtual environments. It should be possible to define high, medium and
low priority QOS zones to expedite high-priority traffic
The switch shall be able to support ISL trunk up to 64 Gbit/sec
between a pair of switches for optimal bandwidth utilization and load
balancing.
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
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CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
SAN switch shall support to restrict data flow from less critical hosts at
preset bandwidths.
It should be possible to isolate the high bandwidth data flows traffic to
specific ISLs by using simple zoning
The Switch should be configured with the Zoning and shall support ISL
Trunking features when cascading more than 2 numbers of SAN
switches into a single fabric.
Offered SAN switches shall support to measure the top bandwidthconsuming traffic in real time for a specific port or a fabric which
should detail the physical or virtual device.
15
16
17
18
F. Backup Software
Clause
No.
Particulars of CDSC’s Requirement
Bidder’s Compliance
Statement: FC/PC/NC
Operating System & Clustering Support
1. The proposed backup solution should be available on various OS
1
platforms such as Windows and UNIX platforms and be capable of
supporting SAN based backup / restore from various platforms
including Tru64 UNIX, HP-UX, Linux, Open VMS, NetWare and
Windows.
2. The proposed backup solution shall support industry leading cluster
solution such as MSCS, MC Service Guard, Veritas Cluster.
2
User Interface
1. The proposed backup solution shall have same GUI across
heterogeneous platform to ensure easy administration.
2. The proposed backup solution software has inbuilt Java / Web
based GUI for centralized management of backup domain.
3. The proposed backup solution must support integration of backup
and restore with hardware cloning and snapshot features into the GUI,
eliminating the traditional need to write user scripts
3
High Availability Features
1. The proposed backup solution should support tape mirroring of the
same job running concurrently with primary backup.
2. The proposed backup solution should allow creating tape clone
facility after the backup process.
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Clause
No.
Particulars of CDSC’s Requirement
4
Licensing
1. The proposed backup solution shall be configured in such a fashion
that no extra license for client and media servers is required while
moving from LAN to SAN based backup.
2. The proposed backup solution shall be configured with unlimited
client and media licenses for both SAN based backup and LAN based
backup.
3. The proposed backup solution must not require separate licensing
when upgrading from a lower end server (1-2 CPU-based server) to
higher end server (4-and CPU-based server)
4. Online backup agents for Database Server.
5
Streaming and Multi-plexing
1. The proposed backup solution supports the capability to write up to
32 data streams to a single tape device or multiple tape devices in
parallel from multiple clients to leverage the throughput of the drives
using multiplexing technology.
2. The proposed backup solution support de-multiplexing of data
cartridge to another set of cartridge for selective set of data for faster
restores operation to client/servers.
6
Media Management
1. The proposed backup solution has in-built media management and
supports cross platform device and media sharing in SAN
environment. It provides a centralized scratched pool thus ensuring
backups never fail for media.
2. The proposed backup solution has in-built frequency and calendar
based scheduling system.
7
Open File Support
1. The proposed backup software must support open file support for
Windows and Novell Netware.
8
Database Support
1. The proposed backup solution has certified “hot-online” backup
solution for different type of databases such as Oracle, MS SQL,
Sybase etc.
2. The proposed backup solution shall also support Microsoft Share
point Portal server.
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Bidder’s Compliance
Statement: FC/PC/NC
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
9
Restore
1. The proposed backup solution must be able to rebuild the backup
database/catalog from tapes in the event of catalog loss/corruption.
2. The proposed backup solution shall provide granularity of single file
restore.
3. The proposed backup solution must support MS Exchange single
mailbox restore.
4. The backup software should support object level restore.
10
Other Features
1. The proposed backup solution must support full automated transfer
of disk backup images to tape on a scheduled basis.
2. The proposed backup solution shall support synthetic full backup so
that an incremental forever approach may be implemented, where an
actual full backup is no longer necessary as it can be constructed
directly from the disk based incremental backups.
3. The proposed backup solution shall also support disk based virtual
full backup approach.
4. The proposed backup solution shall be able to copy data across
firewall.
5. The proposed backup solution shall support automatic skipping of
backup during holidays.
6. The proposed backup solution must support at least AES 256-bit
encryption capabilities.
7. The internal backup catalogue database should not have a big foot
print.
8. The backup software should support object based restore option
which is one of the most granular options available with any backup
software vendor.
9. The backup software should support instant recovery of Exchange,
SQL and Oracle databases.
Bidder’s Compliance
Statement: FC/PC/NC
G. Server Rack
1
42 U Server Rack, Same make as server.
H. Console
1
1 U TFT Foldable 17 inch with 8 port USB KVM Switch
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
I. Development and Training Server
Clause
No.
1
Particulars of CDSC’s Requirement
Bidder’s
Compliance
Statement:
FC/PC/NC
System
64bit EPIC processor based system with Itanium processor available
with vendor.
2
CPU / Sockets
Two Quad core (or higher) CPU to be quoted and system should be
scalable to minimum Four CPUs. The term "CPU" here refers to One
physical socket which maybe containing multiple cores.
3
Clock speed
Minimum 1.6 GHz or higher
4
CPU performance/ energy efficiency
CPU should be capable of adjusting it’s clock frequency both above &
below its rated value based on the workload (to deliver performance
or to save energy respectively) without requiring server or
application restart & with all cores active On Die Cache
5
On Die Cache
Min. 12 MB cache per core or higher.
6
Server Form Factor
Blade/rack form factor
7
Main Memory
Should be proposed with minimum 32gb memory. Registered/ Fully
Buffered DDR3 Memory with advanced ECC. Memory should be
scalable to min 96 GB.
8
Memory RAS
Memory double chip spare or chip-kill or equivalent, to overcome two
DRAM chip failures
9
Ethernet Ports
4 x 1/10 Gigabit Ethernet ports on-board or via a full bandwidth PCIe/PCI-X card for each port. All ports must be auto sensing for 10G/1G
operations
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
10
FC ports
PCI-e based Dual Port 8 Gbps FC HBA with each connection via
separate FC switches.
11
I/O Slots
At least 3 x PCI-e / PCI-X slots in each server.
12
Internal Disk
Should be configured with 2 x dual ported 300 GB, 10k rpm,
SAS/SCSI/FC Hot pluggable hard drives with RAID Support.
13
Hard disk Controller
On board HDD Controller should be offered for above quoted hard
disk.
14
Operating System
64 bit Unix Operating System
15
Operating System Support
HP UX 11i v3, Linux, RHEL AS 4 U4 and SLES 10, OpenVMS V8.3 ,
Microsoft Windows 2008
16
Virtualization
Should be capable of logical partitions for creating multiple
independent OS instances, in each partition.
17
Power Supply
Fully redundant hot swap power supplies should be offered.
18
Fans
Hot plug redundant fans to be offered.
19
Roadmap
Official Roadmap of at least next two generations of CPUs of the
quoted servers must be provided.
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Bidder’s
Compliance
Statement:
FC/PC/NC
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Clause
No.
Particulars of CDSC’s Requirement
20
Operating System Features
Should have inbuilt 64 bit Enterprise Unix volume Manager.
Should have support for clustering.
Native Multipath for connecting to storage should be provided.
OS should be of the same OEM brand as the server and should have
minimum features like full binary compatibility across versions. Must
be quoted with cluster software for active-passive failovers and ensure
a minimum of 99.9% annul uptime at cluster level on the DB layer.
21
Management Console
Dedicated 10/100 Ethernet port for out of band management via Web
based remote interface and remote console
22
Clustering
The servers should be proposed with OS based clustering and should
support the scripting for automatic failover of the applications
23
Scalability
The Server quoted shall be in-place upgradeable to the higher models
of the same series. This must not be a forklift upgrade and must not
require a full hardware replacement and/or an OS re-install
24
Monitor, Keyboard & Mouse
15” TFT Monitor, Keyboard, Mouse
1
Bidder’s
Compliance
Statement:
FC/PC/NC
J. Client Environment Server, Personal Computer and OS
Server
-Intel Xeon x3440 Processor, 2.53GHz, 8MB cache
- 2 GB DDR3 RAM
- 10/100/1000BaseTx Ethernet Ports
- 2 x 146GB 10K RPM SAS HDD
- DVD-ROM
- Windows 2003 Standard Edition with required CALS
- 15" TFT Monitor, Keyboard, Mouse
109/111
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Desktop
- Intel Pentium Dual Core processor E5300 or higher
- Minimum 1 GB DDR3 RAM
- 10/100 baseTx Ethernet Ports
- DVD-ROM
- Windows XP Professional
- 15" TFT Monitor, Keyboard, Mouse
OS
MS SQL Express 2005 (Upto 5 Users per DP), or MS SQL Server 2005
Std Edition (for over 5)
2
3
K. Low End Network Monochrome Laser Jet Printer
Make /Model
Please specify
1
Print Speed
25 PPM and above
Memory
32MB or more
Print Quality
600 x 600 dpi
Duty Cycle
10000 Pages or more
Paper Tray
Minimum 250 Sheets standard input tray
Paper Input Capacity
Minimum 250 sheets
Paper Output Capacity
Minimum 50 sheets
Multipurpose Tray Capacity
Minimum 1 sheets
Duplex Printing
Automatic Duplex Printing (printing on both side of paper)
Media Sizes
A4, Letter, Legal, Executive, Envelopes, Post cards
Media Type
Paper (Plain, Photo), Envelopes, Transparencies, Labels, Postcards.
2
3
4
5
6
7
8
9
10
11
12
1
2
L. Scanner with ADF
Make /Model
Must be Specified.
All relevant Brochures and manuals should be submitted
Scanner Type
Flatbed with ADF , Automatic Duplex scanning
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
Scan Technology
CCD/CMOS
ADF Capacity
Minimum 40 sheets
ADF Paper Type
A4, Letter, Legal
Scan Speed
12 PPM and above
Scan Preview Speed
Upto 9 Sec or less
Resolution –Hardware /Optical
600 x 600 dpi /600 dpi
Color Bit Depth
24 Bit / 256
Maximum Document Scan
A4 from Flatbed
Legal from ADF
Media Type
Paper (Plain, Photo), Envelopes, Transparencies, Labels, Postcards.
Connectivity
USB 2.0 Port
File Format Support
TIFF,TIFF Compressed, Bitmap, DCX, PCS, JPEG, GIF, Flash PIX, Plain
Text ,PDF ,HTML,RTF
Software compatibility
Windows 2000/XP/Vista
Certification
Certified for ISO 9001:9002 and 14001
RoHS (Restriction of Hazardous Substances) Compliant)
Power Consumption
< 45 Watts
Scanner compliance
TWIAN & ISIS compliant scanners
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
M. Firewall
1
ASA5510-AIP10SP-K9
Cisco ASA 5510 with AIP-SSM-10, 2GE+3FE, SW, HA,3DES/AES, SEC
PLUS/ or Equivalent
ASA-VPN-CLNT-K9
Cisco VPN Client Software (Windows, Solaris, Linux, Mac)/ or Equivalent
ASA5510-SEC-PL
ASA 5510 Security Plus License w/ HA, GE, more VLANs + cons/ or
Equivalent
SF-ASA-8.2-K8
ASA 5500 Series Software v8.2/ or Equivalent
SF-ASA-AIP-6.0-K9
ASA 5500 Series AIP Software 6.0 for Security Service Modules/or Equivalent
2
3
4
5
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Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal
CDS and Clearing Ltd.
CAB-ACE
AC Power Cord (Europe), C13, CEE 7, 1.5M/ or Equivalent
CON-SU1-AS1A1PK9
IPS SVC, AR NBD ASA5510-AIP10SP-K9/ or Equivalent
6
7
N. WAN Router
1
CISCO2951/K9
Cisco 2951 w/3 GE,4 EHWIC,3 DSP,2 SM,256MB CF,512MB DRAM,IPB/ or
Equivalent
ISR-CCP-EXP
Cisco Config Pro Express on Router Flash/ Or Equivalent
MEM-2951-512MB-DEF
512MB DRAM (1 512MB DIMM) for Cisco 2951 ISR (Default)/ or Equivalent
MEM-CF-256MB
256MB Compact Flash for Cisco 1900, 2900, 3900 ISR/ or Equivalent
PWR-2921-51-AC
Cisco 2921/2951 AC Power Supply/ or Equivalent
S2951UK9-15001M
Cisco 2951 IOS UNIVERSAL/ or Equivalent
SL-29-IPB-K9
IP Base License for Cisco 2901-2951/ or Equivalent
CAB-ACSA
AC Power Cord (India/South Africa), C13, BS 546, 1.8m
CAB-CONSOLE-RJ45
Console Cable 6ft with RJ45 and DB9F
CON-SNT-2951
SMARTNET 8X5XNBD Cisco 2951 w/3 GE/or Equivalent
HWIC-1CE1T1-PRI
1 port channelized T1/E1 and PRI HWIC (data only)
HWIC-1FE
1-port 10/100 Routed Port HWIC
2
3
4
5
6
7
8
9
10
11
12
1
O. Ethernet Switch
Cisco Catalyst 2960S 24 GigE, 4 x SFP LAN Base with cascade cables/ or
Equivalent
End of Section XI: Detail Technical Specification
112/111
Tender No.: CDSC/01/067-68 for Supply, Delivery, Installation and Commissioning of Hardware
and System Software for Setting up of Central Depository and Clearing & Settlement System in
Nepal