Request for proposal (rfp)

NO. PROC.1-2/2/290812/0654 DATE: 29 - 08 - 2012

PROC.1-2/2/290812/0654

1. Sealed bids, in Pak Rupees on DDP basis, are invited for provisioning of CA Support for PTCL IT NOC in accordance with PTCL requirements/specifications. Tender documents can be purchased from the undersigned on payment of PKR 2,500/- (non-refundable) through Demand Draft/Pay Order in favor of Pakistan Telecommunication Company Limited, H/Qs G-8/4 - Islamabad, accompanied by an official request for provisioning of Tender Documents, printed over Company letterhead having entire necessary contact details, duly signed and stamped by the competent authority, clearly mentioning the RFP No. and its Title along with essential details of the enclosed Demand Draft/Pay Order i.e. issuing bank, DD/PO No and date etc.

2. Sealed Bids (marked as “CA Support for PTCL IT NOC”, “RFP # PROC.1-2/2/290812/0654”) complete in all aspects and as per procedures laid down in the RFP shall be submitted latest by 17.09.2012 before 1200 hours.

3. Bids shall be accompanied with Call Deposit (as Bid Security) in the name of Pakistan Telecommunication Company Limited – HQ, Islamabad equivalent to 2% of the total bid value valid for a period of 06 Months from the date of its issuance, issued by a first class/scheduled bank located in Pakistan. In case of non-compliance, the bids will be disqualified from further processing.

4. Vendor registration is mandatory for all the vendors interested to supply materials/services to PTCL. It is essential to mention the Vendor Registration Code (VR Code) assigned by PTCL on Quotation/Bids submitted by Bidder(s). Unregistered vendors are required to get registered with PTCL for good/continuous business relationship. VR forms may be downloaded from the following link.

http://ptcl.com.pk/uploads/VENDOR%20REGISTRATION%20FORM.doc

5. Bids received after the above deadline shall not be accepted and be returned unopened.

6. 
   PTCL reserves the right to reject any or all bids and to annul the bidding process at any time, without thereby incurring any liability to the affected bidder(s) or any obligations to inform the affected bidder(s) of the grounds for PTCL Action.
   

7. 
   All correspondence on the subject may be addressed to the undersigned.
   

1. 
   Introduction/Scope of Work
   
2. 
   General Terms & Conditions
   
3. 
   Commercial Terms & Conditions
   
4. 
   Bid Submission
   
5. 
   Parties
   

1. 
   BOQ (Annexure-A)
   
2. 
   Price Schedule Form (Annex-B)
   
3. 
   Compliance Sheet (Annex-C)
   
4. 
   Performance Security Form (Annex-D)
   

1. 
   Introduction/Scope of Work
   

1. 
   Support Required
   

1. 
   CA Spectrum (Network and Server/System Infrastructure monitoring)
   
2. 
   CA Service Desk (Incident Management)
   
3. 
   CA E-Health (Infrastructure performance Monitoring)
   
4. 
   CA Service Catalog (Request Management)
   
5. 
   CA Wily (Application Monitoring)
   
6. 
   CA DPM (Database Monitoring)
   
7. 
   CA MDB (Centralized Database)
   
8. 
   CA CMDB
   
9. 
   CA NSM
   
10. 
    Manage Engine Opstor (Technical Support)
    

Detailed BOQ is attached in Annexure A.

2. 
   Service Expectation
   

1. 
   Company Profile: Vendor shall provide company profile and details of work carried out in past for CA portfolio including the products listed in the BOQ.
   

2. 
   CA project references: Vendor shall provide the details about previous CA project references and existing customers other than PTCL.
   

3. 
   Proof of Partnership with CA: Vendor shall provide the proof of partnership with CA.
   

4. 
   CA Certified Resources: The vendor must have certified resources of CA in Pakistan. Details of resources must be provided in the proposal along with the proof of certifications.
   

5. 
   Integration of IT & PIE with Grand NOC: The vendor shall provide details of integration of IT & PIE with Grand NOC. Software to integrate them has to be offered with support till validity of CA support. The vendor must have the ability to customize the software provided by him as per PTCL requirement.
   

6. 
   Support Validity: Proposal must clearly state the validity of CA support for One Year.
   

7. 
   Renewal Timelines: The vendor must clearly state the time required for the renewal of CA support on CA portal.
   

8. 
   NBI Software update: The vendor shall be able to provide support NBI to update Spectrum/eHealth (North Bound Interface) & Maintenance of NBI with NOC.
   

9. 
   Residential Engineer: Provide CA Certified Residential Engineer 09:00AM to 05:00PM (6-days in a week) for the early resolution of onsite issues and troubleshooting.
   

10. 
    Customization Requirement: Any customization of reports requirement by PTCL in all CA Products & Manage Engine Opstor module must be full filled by vendor and Resolution of day to day issues onsite and resolution.
    
    1. 
       Customization and setup of Services Dash Board, SLA monitoring, threshold setups as PTCL requirements.
       
    2. 
       To maintain the all CA Servers, Primary as well as back up, up keep of Operating System, application installed and any other tasks related to configuration of CA module and Mange Engine Opstor.
       
    3. 
       Maintain synchronization of Primary and Backup servers.
       
11. 
    Upgradation of CA DPM Insight: Vendor shall upgrade CD DPM Insight (Release: r11.3.0) to latest available stable version including discovery of PTCL Data Bases in CA DPM Insight along with integration CA eHealth & CA Spectrum for reporting and Alerts.
    

12. 
    Service Level Targets: Service level targets for the desired services shall be part of proposed solution/proposal. Some of the intended benchmarks may be as follows:
    

1. 
   High Critical Sites
   

2. 
   Medium Severity
   

3. 
   Low Severity
   

1. 
   Problem Classes
   

1. 
   Critical (High Critical) problem with critical effect, requiring immediate action.
   
2. 
   Major (Medium Severity) problem with serious effect, requiring quick attention.
   
3. 
   Minor (Lower Severity) problem with no serious effect.
   

1. 
   Following penalties will be charged from the Contractor in case of not meeting the timelines, as mentioned in SLA:
   

1. 
   Rs. 10,000/hr in case of Critical Fault
   
2. 
   Rs. 5,000/hr in case of Major Fault
   
3. 
   Rs. 2,500/hr in case of Minor Fault
   

2. 
   General Terms & Conditions:
   

1. 
   The Contract/PO shall be construed and governed by the laws of the Islamic Republic of Pakistan. The Contract/PO shall be in English language, which shall govern its interpretation. All notices, correspondence and other documents pertaining to the Contract/PO that are exchanged by the Parties shall be written in the same language.
   

2. 
   The Contractor shall fully indemnify PTCL against all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred by reason of any infringement of any intellectual property rights including copyright, patent rights, design rights and trade marks by use or possession of the service, software and equipment supplied by the Contractor. Contractor shall indemnify and save harmless PTCL from and against all losses and all claims, demands, payments, suit, actions, recoveries and judgment of every nature and description made and related cost and expenses brought or recovered against the PTCL related to the work done under this Order, by reasons of any act, omission to act or status of liability of Contractor or its sub-Contractors or agents or employees. Contractor agrees to give PTCL prompt notice of any possible liability.
   

3. 
   If the Contractor is in breach of any obligations under this Order (or any part of it) to PTCL or if any other liability arising then the maximum liability of the Contractor under this Order shall be limited to the Order Price payable to the Contractor by PTCL and shall exclude indirect losses including but not limited to loss of goodwill or reputation, loss of data or information.
   

4. 
   The Contractor shall not change the Order or any part thereof, or assign or sub-Contract the whole or otherwise any part of the work without the prior written consent of PTCL. If such consent, if given, shall not relieve the Contractor from any liability or obligation under the Order and Contractor shall be responsible for the acts, defaults and neglects of any sub-Contractor, agent assignee or neglect of Contractor’s servant or workman or employee.
   

5. 
   The Contractor shall not without PTCL prior written consent, make use of any documents or information except for purposes of performing the Order.
   

6. 
   No official or employee of PTCL shall be admitted to any share or part of the Contract or to any benefit that may arise there from. The Contractor declares and affirms that the Contractor and its share holders, directors, officers, employees and agents have neither paid nor undertaken to pay, pay-off, kick-back or unlawful commission. The Contractor and its shareholders, directors, officers, employees, and agents have not in any way or manner paid any sums, whether in Rupees or a foreign currency and whether in Pakistan or abroad, given or offered to give any such gifts and presents in Pakistan or abroad, to any official or employee of the PTCL or any other person to procure the Contract. The Contractor undertakes not to engage in any of these or similar acts during the term of the Contract. The Contract shall be terminated if such act is proved.
   

7. 
   Parties can undertake amendment(s) in the Contract/PO, if so required, by the mutual consent. This Order shall not be amended except by written amendment signed by all the parties.
   

8. 
   The Parties 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/PO. In case of any dispute the same shall be dealt with under Pakistan Arbitration Act, 1940 with seat of arbitration in Islamabad.
   

9. 
   If the Contractor fails to comply with any of the conditions mentioned herein or of the Contract/PO, the Order may be terminated immediately by PTCL through a notice in writing. Such termination shall not prejudice any legal action subsequently taken by PTCL against the Contractor for breach of Contract / Order. Furthermore, PTCL may terminate the resulting Contract/PO (if any) in whole or in part at any time for its convenience. However only those services, which are ready to be rendered within 10 days after the receipt of the termination notice, shall be purchased by PTCL as per terms and conditions of the Order.
   

10. 
    Contractor shall be responsible for entire updates/upgrades and fulltime maintenance support of the equipment during the validity of Contract. Contractor shall provide entire requisite repairs/replacements in addition to provisioning of Maintenance/Support and other O&M Services under the Contract as per SLA and other stipulations defined in the RFP
    

11. 
    Transportation of the goods to the place of final delivery as specified in the Contract shall be arranged and paid for by the Contractor, and the cost thereof shall be included in the Contract price. Where the contractor is required to affect the delivery under any other terms, for example, by post or to another address in the country, the Contractor shall be required to meet all transport and storage expenses until delivery.
    

12. 
    Insurance of the goods up to the DDP Delivery point is the responsibility of the Contractor. The goods shall be fully insured by the Contractor against any loss or damage incidental to manufacture or acquisition, transportation, storage, delivery, installation, configuration and testing as specified in the Contract or for any extended period as instructed by PTCL and price thereof is included in Contract price.
    

3. 
   Commercial Terms & Conditions
   

1. 
   Quotes shall be submitted on DDP-PKR basis.
   
2. 
   Payment will be made on quarterly basis in PKR through Cross Cheque to the Contractor upon end of each preceding quarter and submission of invoice duly verified by concerned PTCL officials along with SCC/SES (after adjustment of LD/penalties, if any).
   
3. 
   The Contract/PO shall be valid for a period of One (01) Years starting from the date of signing of Contract/PO by all the parties. The prices agreed upon and reflected in the BOQ/Price Summary in the Contract/PO shall be valid for an initial term of One (01) Year from the date of signing of Contract/PO by all the parties. The unit prices (including discounts) will remain unchanged till the validity of the Prices/Contract/PO.
   
4. 
   Contractor shall submit a Performance Security equivalent to 10% of the total Contract/PO value in the currency of the Contract/PO valid for period of Twelve (12) Months from the date of its issuance, as per annexed Performance Security Form. The Performance Security will be discharged by PTCL not later than 30 days following the expiry of the 12 months period or any extended warranty/period, taking into account LDs and/or any other penalties (if any).
   
5. 
   Subject to clause “Force Majeure” (C.6), if Contractor fails to deliver any or all of the goods/services within the time period(s) specified in the SLA/Contract, pertinent penalties will be applicable and Contractor shall pay to PTCL the same as per relevant clauses of the RFP and resulting Contract/PO (if any). Once the maximum (i.e. 10% of the total Contract value) is reached, PTCL reserves the right to terminate the Contract. The value of the goods/services which are incomplete and therefore of no utility to PTCL in its operations shall also be added for the purpose of liquidated damages. Any liquidated damages if not paid in cash by Contractor shall be deducted from the invoice (s) or the performance security submitted by Contractor. The imposition of liquidated damages upon the Contractor and its payment does not absolve the Contractor from its obligations of performance or from any other liabilities or obligations under the Contract.
   
6. 
   The Contractor shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that, it’s delay in performance or other failure to perform its obligations under the Order is the result of an event of Force Majeure. Force Majeure means Acts of God, Government restrictions, financial hardships, war and hostilities, invasion, act of foreign enemies, rebellion, revolution, riot, industrial disputes, commotion, natural disasters and other similar risks that are outside of Offshore Supplier/Contractor's and PTCL’s control and which by the exercise of due care and diligence either party is unable to overcome. If either Party is permanently prevented wholly or in part by Force Majeure for period exceeding two (02) weeks from performing or accepting performance, the Party concerned shall have the right to terminate this immediately giving notice with full particulars for such Force Majeure in writing to the other Party. If a Force Majeure situation arises, the Contractor shall promptly notify PTCL in writing of such conditions and the cause thereof. Unless otherwise directed by PTCL in writing, the Contractor shall continue to perform its obligations under the Order as far as is reasonably practicable, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
   
7. 
   Details regarding Documents for Payment will be specified in the resulting Contract/PO (if any).
   
8. 
   The Bidder shall be responsible for all taxes and duties etc incurred as per other obligations defined in this Contract. Any increase or decrease in the rates of duties and taxes, till signing of the Contract, shall be to the cost or benefit of the PTCL. Any increase or decrease in the rate of GST, till final execution of the Contract, shall be to the cost or benefit of the PTCL. Withholding tax shall be deducted as per prevailing applicable rates of the Income Tax Ordinance of Pakistan.
   

4. 
   Bid Submission
   

1. 
   Bidders shall submit the bids in two separate sealed envelops. One sealed envelope will contain the Technical Offer (un-priced bid) along with specifications and all other technical details ensuring that the envelope must be marked as “Technical Offer”. This master envelope (Volume-I) should have one original bid in a separate sealed envelope and two copies of bid in separate sealed envelopes duly marked as “Original” and “Copy-1” and “Copy-2” respectively (along with soft copies in MS Word/Excel burnt over CDs).
   
2. 
   A second sealed envelope will contain the commercial offer (priced bid) with the cost breakdown as per PTCL price schedule/BOQ, ensuring that this envelope must be marked as “Commercial Offer”. This master envelope (Volume-II) should have one original bid in a separate sealed envelope and two copies of bid in separate sealed envelopes duly marked as “Original” and “Copy-1” and “Copy-2” respectively (along with soft copies in MS Word/Excel burnt over CDs).
   
3. 
   Both the Mater Envelopes i.e. Technical (Vol-I) and Commercial (Vol-II) shall further be enclosed in a MAIN ENVELOPE, which shall bear PTCL Tender/RFP Number and the RFP Name/Title ONLY and Do Not Open Before 06.09.2012, without any other details or name of bidder or any other reference etc. However, the Master Envelopes (Vol I & II) shall be having vendor name and other contact details along with RFP No. and Title.
   
4. 
   Bids complete in all aspects (proposals along with duly filled price schedule and shall be submitted to the office of Senior Manager Contracts Supply, Procurement Wing, Fourth Floor, Old Building, PTCL H/Qs, Sector G-8/4, Islamabad on or before the closing date and time as advised by PTCL in Invitation to Tender Letter/Notice. Any bid received by PTCL after the deadline for submission of bids prescribed by PTCL will be rejected and returned un-opened to the bidder.
   
5. 
   The bids/prices shall remain valid for a period of One Hundred & Eighty (180) days after the date of bid opening prescribed by PTCL. A bid valid for a shorter period shall be rejected by PTCL as non-responsive. Bids with conditional prices due to currency fluctuation or petroleum cost fluctuation in Pakistan or any other reason shall be taken as non-responsive and may be rejected.
   
6. 
   Call Deposit in original equivalent to 2% of the total bid value, valid for a period of 06 Months from the date of its issuance shall be enclosed in the MAIN ENVELOP. CDRs of the unsuccessful bidders will be returned upon finalization of award of work, whereas CDR of successful bidder will be released upon submission of Performance Security as per relevant clause(s).
   

7. 
   Any non-compliance to the above would lead to disqualification of bids from further processing.
   
8. 
   In case, requests for extension for tender closing date are officially received from two or more bidders, the matter shall be referred to end user/project owner who shall advise their concurrence on the period of extension with justifications, or advise their rejection of such request. EVP Procurement shall be the authority to approve tender extension and all the bidders will be communicated accordingly, in time.
   

5. 
   Parties
   

PTCL and Contractor (The Successful Bidder) will collectively be referred to as “Parties” and individually as “Party”.

For the purposes of this RFP/RFQ and resulting Order/Agreement (if any), Parent Company shall mean Etisalat Telecommunications Corporation or any Etisalat Group Holding Company formed hereafter. Affiliates and/or Subsidiaries shall mean any of the entities listed as subsidiaries or affiliates of the parent company in accordance with section X of this RFP/RFQ and Order/Agreement. Contracting Party shall mean any affiliate or subsidiary listed in section X that has a Contractual relationship with the Supplier/Contractor.

The Parent Company shall at its sole option have the right to either add or delete any entity as an Affiliate and/or subsidiary to/from whatever is listed in section X of this RFP/RFQ and resulting Order/Agreement (if any) by sending a notice in writing to the Supplier/Contractor. The Supplier/Contractor shall immediately be required to recognize such Affiliates and/or Subsidiaries of the Parent Company.

The Contractor hereby acknowledges and agrees that Parent Company or any Affiliate and/or Subsidiary as defined in section X of this RFP/RFQ and resulting Order/Agreement (if any) shall have the right to access and benefit from the terms, conditions, pricing and all other aspects of this RFP/RFQ and resulting Order/Agreement (if any) for the purposes of analyzing and benchmarking the information contained herein for its own procurement purposes.

In the event that the Contracting Party requests the Supplier/Contractor to further negotiate the terms, conditions, pricing or specifications to accommodate additional requirements to be incorporated in its Contract/Agreement/Order with the Supplier/Contractor, the Supplier/Contractor shall undertake such negotiations in good faith with a view to extend any resulting additional benefits to the Parent Company and all other interested Affiliates / Subsidiaries.

1. 
   Etisalat Telecommunications Corporation "Etisalat" - UAE
   

1. 
   Etisalat – Afghanistan
   
2. 
   Atlantique  Telecom  –  West Africa - including: Benin, Burkina Faso, Central African Republic, Cote d’Ivoire, Gabon, Niger and Togo
   
3. 
   Canar Telecommunication Co. Limited - Sudan
   
4. 
   Etisalat Misr - Egypt
   
5. 
   Etihad Etisalat “Mobily” – Saudi Arabia
   
6. 
   Pakistan Telecommunication Company Limited – Pakistan
   
7. 
   Ufone – Pakistan
   
8. 
   Thuraya Satellite Telecommunications Company - UAE
   
9. 
   Zanzibar Telecom Ltd (ZANTEL)
   
10. 
    EMTS - Nigeria
    
11. 
    Etisalat DB Telecom Pvt. Ltd. - Republic of India
    
12. 
    Etisalat Lanka Private Ltd. - Sri Lanka
    

(Attach photocopy) (Attach photocopy)

(Attach photocopy)

Total Bid Amount in Words: ________________________________________________________________

• 
  In case of discrepancy between Unit Price and Total Cost, the Unit Price shall prevail
  
• 
  Discount, if any, shall be clearly shown in price schedule. Discount shown anywhere else except price schedule will not be considered.
  
• 
  The bidder shall also mention clearly the levy or exemption of sales tax on the Goods / services being offered. In case the bidder mentions the levy of sales tax and later on after the supply of Goods claim exemption, necessary reduction in price @ 16% will be made at the time of payment.
  

The Compliance Sheet is meant for stating the tender's compliance / non-compliance on all clauses and it is divided into three columns. The bidder shall complete the Compliance Sheets strictly in accordance with the instructions given below:

The bidder shall complete the Technical/Commercial Compliance Sheet(s) furnished in the Bid Documents strictly in accordance with the instructions. However the following points are further added.

1. 
   A word such as "noted" is inadequate and will be treated as not complied.
   

2. 
   Where a clause in stated to be "complied" the bidder may provide further reference details, but in event of any discrepancy between these details and the statement of compliance, then the compliance statement will be taken by the PTCL as correct and binding upon the bidder and the details (including footnotes or specified in any other form or place) given by the bidder will be ignored
   

3. 
   Where the clause is stated to be "not complied" or "partially complied" then the bidder will provide full details of the deviation from the specified requirements together with full details of any alternative arrangement offered.
   

4. 
   Simply signing of every page of bid documents will not serve the purpose of the compliance statement and will be treated as not complied. Therefore proper compliance sheet should be attached with the bid.
   

5. 
   If a certain clause(s)/sub-clause(s) are missed or left unattended in commercial compliance sheet such clause(s) or sub-clauses would be considered as not complied.
   

6. 
   Failure to provide commercial compliance will be deemed sufficient cause of rejection of the bid and will be major deviation.
   

_____________________ Amount: _____________________

_____________________ Issue Date: ______________________

Expiry Date: _____________________

Whereas M/S______________________(hereafter called the Contractor) has requested us (Bank Name) to furnish a Bank Guarantee in your favor in the sum _____________ (IN WORDS) ___________________________________ as performance security against Contract/Agreement/PO No. _____________ dated ____________ to be concluded between the Contractor and Pakistan Telecommunication Company Limited Islamabad.

______________________ ______________________________

On This [Day] of [Month], 201…