The Government of the Cayman Islands shall not defray any cost incurred by Tenderers.

Transcription

1 Cayman Islands THE GOVERNMENT OF THE CAYMAN ISLANDS INVITES TENDERS FOR THE PROVISION OF CONSULTING AND SOFTWARE IMPLEMENTATION SERVICES F O R O R A C LE S E N T E R P R IS E A S S E T M A N A G E M E N T M O D U LE The Government of the Cayman Islands invites eligible consultants to submit tenders for the provision of consulting services for the configuration and installation of a module of O racle s eb usiness S uite softw are. The proposed services require the configuration and installation of O racle s E nterprise Asset Management software [eam] for two separate Agencies of Government and to seamlessly integrate with existing ebusiness Suite modules and in particular O racle s Projects module. Tender documents will be available for collection from after 09:00 hours on Friday 3 November, 2006 from the offices of, Government Administration Building Grand Cayman or downloading from the Government of the Cayman Islands web-site and must be returned no later than pm on 1 December, Tender award is scheduled for on or about 18 December Project commencement is scheduled for 8 Jan 2007 with project completion on or about 2 April The tender documents will state the criteria by which tenders will be evaluated. The submission of the following notarised information is required with a returned tender to determine the eligibility of Tenderers: A minimum of three years experience in installing Oracle ebusiness Suite modules; At least one client where Oracle ebusiness Suite modules have been implemented by the Tenderer; The tender will be awarded in accordance with Financial Regulations (2004). Tenders will be scored according to a matrix determined prior to the receipt of tenders. The Government of the Cayman Islands shall not defray any cost incurred by Tenderers. For additional information on this invitation contact the Project Manager Stephen Sewell at stephen.sewell@gov.ky or by fax at

2 ACKNOWLEDGMENT OF RECEIPT OF TENDER DOCUMENTS TENDER NO: CSD T06/001 FOR: Implementation of Enterprise Asset Management (eam) module of Oracle ebusiness Suite TO: and Public Works Department COLLECTED BY: (PRINT Name) FOR AND ON BEHALF OF: (Name of Company) Company Street Address: Company Postal Address: Company Tel or Cell & Fax: Fax: Contact address: Date Collected: Please complete at time of collection or if downloaded fax return or to the Project Manager at FORM TL/1

3 Cayman Islands Government Invitation to Tender Tender No: CSD T06/001 For: At: Implementation of Enterprise Asset Management (eam) module of Oracle ebusiness Suite (CSD) and Public Works Department (PWD) Publication Date: 3 November 2006 Prepared By Enterprise Asset Management ITT

4 INDEX Page Invitation to Tender 2 Instructions to Tenderers 4 Conditions of Tender 8 1. The Eligibility Criteria 8 2. The Project 8 2A. Background Information 9 3. C onsultant s O rganisational S tructure / Profile Services to be provided by the Consultant Conditions of Appointment Support Services to be provided by 21 A. [CSD] 21 B. Public Works Department [PWD] Project Time-Table Terms of Payment T enderer s P rice to Include Evaluation Criteria and Weightings 25 Form of Tender [3 pages] 27 Form of Tender Pt 2: Tender Summary [3 Pages] 30 Documents to be returned along with Form of Tender 32 Contract Agreement 33 Enterprise Asset Management ITT Page 1 of 33

5 INVITATION TO TENDER The Cayman Islands Government [hereinafter called the Government ] invites you to submit a most economically advantageous tender in competition for the provision of consulting services for the implementation of Enterprise Asset Management module of Oracle ebusiness Suite described in the accompanying documents. Your tender, when completed, is to be delivered together with all relevant and requested documents in a sealed envelope which must not bear any indication of the tenderer s nam e and clearly m arked T ender CSD T06/001 and addressed to: The Central Tenders Committee c/o Portfolio of Finance and Economics Government Administration Building Grand Cayman KY Cayman Islands. and delivered to Cashiers Booth, Treasury Department, Front Foyer, Government Administration Building Elgin Avenue, George Town, Grand Cayman for collection of a receipt acknowledging date and time of delivery and number of packages delivered no later than 01:15 PM EST Friday, 1 December, Enterprise Asset Management ITT Page 2 of 33

6 The following documents are included with this Invitation: 1. Invitation to Tender dated 3 November Instructions to Tenderers, and 3. Conditions of Tender, and 4. Form of Tender, and 5. Tender Summary Pages 1 to 3 6. Contract Agreement between the Government and the Consultant for the Provision of Consulting Services. Enterprise Asset Management ITT Page 3 of 33

7 INSTRUCTIONS TO TENDERERS 1. G o vern m en t s Representative: The Government nominates the Director of Computer Services or any person acting for him (hereinafter called the D irector ) as the G overnm ent s representative. The Director has appointed a Project Manager (hereinafter called the P M ) as his representative from whom all instructions will be sought including any questions in connection with this invitation. The PM shall be: Stephen Sewell Cayman Islands Government who may be contacted by Fax: , or stephen.sewell@gov.ky 2. Any general queries or uncertainties of interpretation arising from the tender documents should be brought to the attention of the PM in writing at the earliest opportunity and well before the date for the return of the tender. Queries will only be accepted up to 48 hours prior to the closing time for the return of tenders. 3. All Tenderers including those who download the invitation documentation from the internet must complete the attached Acknowledgement of Receipt of Tender Documents and either return to CSD at the time of collection or or fax the completed acknowledgement to the PM. Any Notice to Tenderers, relating to this invitation, issued by the PM will be published on the Internet at and be faxed to those whose Acknowledgement has been received by the PM. 4. The Cayman Islands Government will not defray any costs incurred by the Tenderer. Enterprise Asset Management ITT Page 4 of 33

8 5. Tender Regulations: In the Cayman Islands the process of public procurement is regulated by Part 9 of the Financial Regulations (2004). This invitation to tender has been prepared to accord with these Regulations. 6. The objective of this invitation is to provide an open, fair and competitive environment, having a transparent and publicly auditable mechanism with a declared basis for the evaluation of tenders to determine the most economically advantageous tender. The process takes into account the overriding requirement to ensure value for money for the Client and no longer considers only the lowest price. Accordingly, the process is designed to detect those tenders considered abnormally low or high which will be scored according to the predetermined matrix. 7. Definitions: In these Conditions unless the context otherwise requires: the Consultant means the person or persons whose tender is accepted by the Government and his or their legal personal representatives or permitted assignees; the G overnm ent m eans the Cayman Islands Government; days m eans calendar days; the P M m eans the P roject M anager w ho is the person em ployed in that capacity named in the Instructions to Tenderers and appointed by the Government to act on his behalf in carrying out those duties described in the Conditions of Tender or such other person as may be appointed in that capacity for the time being by the Government; Enterprise Asset Management ITT Page 5 of 33

9 the P rogram m e m eans the detailed project plan submitted prior to acceptance of the tender and reviewed and commented upon at the time by the PM, as it may be amended from time to time; the C ontract A greem ent m eans the form al agreem ent (if any) executed by the Government and the Consultant to record the terms of the Contract; the m ost econom ically advantageous tender is the tender that attains the highest score after evaluating the criteria stated in Condition 10 of the Conditions of Tender; 8. Tenderer s evaluation scores will be appropriately affected if the Tenderer does not include in the submission documentation all the information required by the Invitation to Tender documentation. 9. The Government reserves the right during the technical appraisal and evaluation stages to enter into discussions, for which written replies will be required, with any tenderer to clarify any matter that may have been submitted by the tenderer in his required written responses so as to score more definitely any of the evaluation criteria described in Condition 10 of the Conditions of Tender ; 10. Any tender clarification that may take place shall not be considered a tender negotiation but shall be deemed a clarification in areas of uncertainty with the tender submission; 11. The accepted tender will be the tenderer who attains the highest score after evaluating the criteria stated in Condition 10 of the Conditions of Tender. Enterprise Asset Management ITT Page 6 of 33

10 12. Conflict of Interest The Consultant is required to disclose at the time of submitting his tender in a written and signed statement to the Government such interests which could under any circumstances be construed either to reflect upon his integrity or on the integrity of any person on the C onsultant s proposed team or be perceived as a conflict of interest if employed as a Consultant on this Project. Enterprise Asset Management ITT Page 7 of 33

11 1. The Eligibility Criteria: CONDITIONS OF TENDER In order for their tenders to be given further consideration Tenderers are required to provide notarised evidential data to satisfy the following eligibility requirements of Tenderers: 1. A minimum of three years experience in installing Oracle ebusiness Suite modules. 2. At least one client where Oracle ebusiness Suite modules have been implemented by the Tenderer 2. The Project: 1. The Government requires the configuration and implementation (hereinafter called the im plem entation ) of the Enterprise Asset Management (hereinafter called the eam ) module of O racle s eb usiness S uite softw are for two Government Agencies, namely (hereinafter called CSD ) and Public Works Department (hereinafter called PWD ), including the requirements of condition 2. 2 below, (hereinafter called the P roject ) 2. The seamless integration of eam with Oracle Projects and other Oracle ebusiness Suite modules. 3. The eam implementation will manage for PWD approximately 100 assets with up to 8,000 work orders per year and in groups of four years, and for CSD approximately 50 assets and up to 100 work orders per year since most of CSD s work is project based. Enterprise Asset Management ITT Page 8 of 33

12 2A. Background information: a) The Government has been using the Oracle ebusiness Suite to manage financial and management information since 1999, and uses all of the core financial modules as well as Fixed Assets and Projects. b) Government recently upgraded to version of the product. c) The production application is configured with the database and concurrent tiers on a HP Tru64 server with the Applications tier on a Windows 2000 server. d) A development application, with the same configuration as production, is available for all work on eam prior to production implementation. e) The eam module software is already installed and requires implementation. f) The eam module is to be implemented in CSD to manage and maintain servers and other assets. g) The eam module is to be implemented in PWD to manage and maintain buildings and assets owned by PWD as well as assets owned by other Agencies and to enable more efficient management of work orders for maintenance and emergency tasks that is required to fulfil obligations under Service Level Agreement s [SLA] with existing Clients. h) Government s norm al w orkin g hours are M onday to F riday 08:30 to 17:00 hrs and excludes Cayman Islands designated Public Holidays. Enterprise Asset Management ITT Page 9 of 33

13 3. C o n su ltan t s O rg an isatio n al S tru cture/profile: T he T enderer s response shall include: a) A statement regarding your Organisation s S tructure /Profile, relating to the subject matter mentioned in the num bered paragraph s below : 1. The number of support staff you employ on a per client basis. 2. Past experience with implementations in Private and / or Public Sector organisations. 3. A reference from a Client where the Consultant has implemented either Project Accounting or eam ebusiness Suite modules. 4. The Project Management Methodology your Consultancy has used for past implementation assignments and will use for this Project. 5. Details of any claims, judgements, arbitration proceedings or suits pending or outstanding against your Organisation or its Officers or any Consultant, individual or corporate, to be engaged by you for the Project, arising from the implementation of Oracle ebusiness modules during the last three years. 6. Any other relevant information not explicitly mentioned above that you feel will add value to your tender submission data. b) Details of the proposed team who will provide the required consultancy, including the Team Leader and the key project personnel, listing or describing their dem onstrated experience in the provision of O racle s ea M and eb usiness Suite modules : 1. A brief one page CV for each team member to include their background, educational qualifications and project related experience, 2. Past experience in working with or implementing eam modules to indicate the extent of the C onsultant s w orking know ledge of ea M and its integration with Oracle Projects; Enterprise Asset Management ITT Page 10 of 33

14 3. The methodology or processes to be used on this Project 4. Sample Test Exit Report used on a recent and similar project 5. Details of any anticipated CSD personnel support needed by the Consultant for any work undertaken outside of normal working hours. 6. The Personnel (by job description and names) that will be required to have remote access to the Cayman Islands Government network. 4. Services to be provided by the Consultant: The Consultant shall perform the under-mentioned services to the satisfaction of the PM (hereinafter called the S ervice ), w hich shall include the following tasks: a) Detailed Project Plan covering all phases of the project with key dates, overall timescales and resources required and return a copy of said Project Plan along with the Form of Tender. b) The Consultant is reminded that the implementation of eam must seamlessly integrate with Oracle Projects as configured for CSD and PWD. c) Implementation of the Oracle Enterprise Asset Management ebusiness Suite module taking into account the requirements of paragraph b) above, in CSD including: 1. Analysis of business requirements 2. Definition of all standing data 3. Cataloguing all assets to be managed 4. Application of Oracle standard eam setup steps 5. Setup maintenance schedules 6. Create required responsibilities Enterprise Asset Management ITT Page 11 of 33

15 d) Implementation of the Oracle Enterprise Asset Management ebusiness Suite module taking into account the requirements of paragraph b) above, in PWD including: 1. Analysis of business requirements 2. Definition of all standing data 3. Cataloguing all assets to be managed 4. Application of Oracle standard eam setup steps 5. Setup maintenance schedules 6. Work Order integration with Oracle Projects 7. Create required responsibilities e) Testing of the Oracle Enterprise Asset Management ebusiness Suite module taking into account the requirements of paragraph b) above, in CSD to include: 1. Formal test plan 2. Catalogue of Test cases 3. Test Exit report detailing results of all tests and any deviations from expected behaviour. f) Testing of the Oracle Enterprise Asset Management ebusiness Suite module taking into account the requirements of paragraph b) above, in PWD to include: 1. Formal test plan 2. Catalogue of test cases, with particular emphasis on work order integration with Oracle Projects 3. Test Exit Report detailing results of all tests and any deviations from expected behaviour. g) Training to include: 1. Two to four Help Desk personnel for front line problem solving. Enterprise Asset Management ITT Page 12 of 33

16 2. Six to ten CSD Technical or Functional staff for second line help desk support and problem solving, 3. Provision of end user training of two to four CSD Functional staff on a train the trainer basis, 4. Provision of training materials in electronic form, including one hard copy set in a 3-ring folder, for subsequent training of end users to be undertaken by CSD personnel. h) Post Acceptance Services to include: The Tenderer shall include with his tender the costs for the following services: months business day voice or data communication support commencing the day after the PM issues his approval of satisfactory final delivery of all services required from the Consultant. 2. The terms and conditions that will apply for support services offered subsequent to the end of the 12 month support period as stated in condition 4 h 1 above. and itemise these costs on the attached Tender Summary. i) Upon satisfactory completion of all implementation, testing and training services to be performed by the Consultant the PM shall issue his Approval of Satisfactory Final Delivery. Enterprise Asset Management ITT Page 13 of 33

17 5. Conditions of Appointment: 1. Standard of Services: 1. The Consultant shall exercise due and proper professional skill, care and diligence in the discharge of his services. The Consultant shall be bound by the codes of conduct, professional ethics and standards of professional practice established by professional bodies as may be appropriate to the consultancy being practiced. Notwithstanding any other provision hereof, it is agreed that the Government is entitled to rely on the Consultant's professional skill, experience and judgment to furnish the services described in these Conditions. 2 The Consultant is required to disclose, in writing to the Director, at the earliest opportunity, such interests which could under any circumstances be construed either to reflect upon his integrity or be perceived as a conflict of interest. 2. Variation of Service: 1. The Consultant shall not vary the scope of the Service to be provided under these Conditions without the PM's written consent to such variation, and shall inform the PM in a timely manner of any affect which such variation may have on the fees, expenses or time required to perform the Service. 3. Sub-Consultants: 1. The Consultant subject to the prior written approval of the PM may engage sub-consultants. The Consultant shall be responsible to the PM for any work carried out by any sub-consultants so engaged, and for the general coordination and integration of services provided by them. Enterprise Asset Management ITT Page 14 of 33

18 4. Qualified Staff: 1. The Consultant will provide sufficient appropriately qualified staff, to the satisfaction of the PM to ensure that the above duties are performed fully and effectively. Curriculum Vitae will be provided within three days on all staff to be employed by the Consultant in the performance of its duties under these Conditions prior to or after the signing hereof. All staff and any substitutions are to be approved by the PM and such approval shall not to be unreasonably withheld. 5. Not Used 6. Information from the PM: 1. The PM shall provide the Consultant with such information and decisions as are necessary for the proper performance of the Services to be performed by the Consultant in such reasonable time as not to delay or disrupt the performance of the said Service. 7. Copyright: 1. All documentation and any revisions thereto prepared by the Consultant in connection with the said Project and any copyright therein shall be the property of the Government. 2. The Consultant may with the written consent of the Director publish or cause to be published photographs and illustrations of, or articles about, the Project for which he was professionally responsible. Such publication shall be restricted to the purposes of professional or technical information, and the Government's nam e and C onsultant s name shall be accorded appropriate credit in any such publication. Enterprise Asset Management ITT Page 15 of 33

19 8. Assignment: 1. The Consultant shall not assign any of his duties or responsibilities under these Conditions of Tender without the express written consent of the PM. 9. Limit of Authority: 1. The administration of the Project shall be confined solely to those terms and conditions laid down in these Conditions and the Consultant has no authority to change any of these Conditions without the prior written approval of the PM. 10. Professional Indemnity Insurance: 1. The Consultant shall be required to obtain professional indemnity insurance in the amount of US$1,500,000 for any one occurrence or series of occurrences arising out of these Conditions. The professional indemnity insurance shall be maintained for a period of three years from the date of final delivery approval, unless such cover ceases to be available in which event the Consultant will notify the Director immediately. A copy of the C onsultant s policy shall be included w ith the subm ission docum entation to be returned along w ith the tender for the P M s approval and evaluation. 11. Suspension of Services-Government: 1. The Government may in its absolute discretion suspend or abandon the perform ance of the C onsultant s S ervice under these Conditions, in whole or in part, by giving the Consultant 10 (ten) day s written notice of its intention to do so. Enterprise Asset Management ITT Page 16 of 33

20 12. Suspension of Services: Force Majeure: 1. The Consultant shall give immediate written notice to the PM of any situation arising from 'force majeure' which makes it impracticable for him to carry out any of the Services for which he has been employed. Upon such notice the Consultant and the Government will agree a reasonable period to enable the Consultant to recommence performance of his services. 13. Resumption of Services: 1. If the Consultant has not been given instructions to resume any suspended service within six months from the date on which he received notice of suspension, he shall request such instructions. If these have not been received within 30 (thirty) days the Consultant s appointment will be deemed to be terminated. 14. Liquidation, Death or Incapacity: 1. Should the Consultant due to liquidation, death or incapacity be unable to carry out his duties this consultancy will thereby be terminated forthwith. 15. Termination: 1. Either party may terminate this consultancy at any time during the currency of this consultancy upon service of 30 days notice of termination in writing to the other party. 2. Upon service of notice by either party the reasons for such action shall be set out in writing and delivered to the other party with the notice of termination. Enterprise Asset Management ITT Page 17 of 33

21 3. The Consultant shall upon receipt of any notice to suspend or terminate its services under these Conditions or upon termination by it of its employment under these Conditions proceed in an orderly manner, but with all reasonable speed and economy to take such steps as are necessary to bring to an end its Services under these Conditions. 4. Upon termination of this consultancy the Consultant hereby agrees to cooperate with any incoming professionals making available all relevant files, voice or electronic documentation as required for the efficient and effective handover of the C onsultant s services and ultimate completion of the Project 16. Termination on Final Completion: 1. Unless otherwise agreed the Consultant's services and appointment under these Conditions shall terminate upon the final completion and acceptance by the PM of the Project. 17. Claims after Termination: 1 The termination of this Consultancy shall not prejudice or affect the accrued rights or claims of either party to this Agreement. 18. Arbitration: 1. Subject to sub-clause 2 herein, in the event that a dispute or a difference shall arise out of these Conditions then such dispute or difference shall be referred to arbitration and the final decision of a person to be agreed between the parties and in default of agreement of two Arbitrators, one appointed by each party and their umpire in a manner provided by the terms of the Arbitration Law (2003 Revision) of the Cayman Islands and any statutory modification or re-enactment thereof. Enterprise Asset Management ITT Page 18 of 33

22 2. Notwithstanding the provision of sub paragraph 1. hereof, in the event that a dispute or difference shall arise out of these Conditions which involves professional ethics or standards of professional practice, and failing agreement between the parties, the matter will be referred to a single Arbitrator agreed for that purpose, or in default of such agreement to be appointed at the request of the Government by the President of the Cayman Islands Law Society for the time being. 3. The award of such Arbitrator shall be final and binding on the parties. 19. Governing Law: 1 These Conditions shall be governed by and construed in accordance with the Laws of the Cayman Islands. 20. Serving of Notices: 1. Any notice required to be given or served under any provision of these Conditions shall be so given or served by delivering a copy thereof to the principle place of business of the Consultant or to the Director of Computer Services as appropriate either by hand, by facsimile, by or by registered post. 2. In the case of facsimile, or registered post, such notice shall be deemed to have been served on the day following the day of sending, mailing or posting. 21 Confidentiality: 1. The Tenderer agrees that whilst performing services under these Conditions that persons are in a position of trust with the Government and that in the course of performing and carrying out services under these Enterprise Asset Management ITT Page 19 of 33

23 Conditions they may have access to and may be entrusted with confidential information, and that this confidential information is a valuable asset of the Government and shall at all times remain the exclusive property of the Government. During the term of these Conditions and at all times thereafter the Consultant shall keep confidential all confidential information. Government and the Consultant shall ensure that its employees do not disclose any confidential information to any person except in the course of providing the services before mentioned to a person who is employed by the Government or with the Government s prior consent. The foregoing prohibition shall not apply to publicly available information or where disclosure is required to be made by law, or disclosure is made to a Court determining the rights of the parties under these Conditions. 2. For the purposes described above confidential information means all information of a confidential nature to a party to these Conditions of their respective assets, business or affairs or their respective financial conditions or results of operations including, without limitation, proprietary information and intellectual property. 22 Liquidated Damages: 1. In the event of failure on the part of the Consultant to complete any or all phases of the C onsultant s S ervice by the dates mutually agreed or any extended time agreed to by the Director, the Consultant shall pay or allow to the Government the sum of US$1, as liquidated damages for such breach and not as a penalty for every day or part thereof that the whole or any part of the C onsultant s services w hich is overdue remains incomplete. Provided always that the Government shall not seek to enforce payment of liquidated damages as aforesaid where either the cause or the period of delay is reasonable. Enterprise Asset Management ITT Page 20 of 33

24 6. Support Services to be provided by: A. [CSD]: 1. The PM will provide a single point of contact for the pre-implementation co-ordination, preparation and any site specific requirements for the Project. The PM will be available during regular business hours for a month prior to the Consultant commencing the Service. 2. The Consultant is advised that the time in the Cayman Islands is UTC -5 hours and Cayman uses [USA] EST time all year round. 3. CSD will provide the Consultant with the necessary logon IDs and system privileges to allow him to perform the implementation efficiently. 4. CSD will provide the Consultant with the necessary infrastructure details, such as server host names, IP addresses, domain names, firewalls etc to allow him to perform the implementation efficiently. 5. CSD will ensure that all of the necessary hardware is on-site and installed prior to the implementation. 6. C S D w ill provide the C onsultant s personnel w ith a w orkspace that includes a workstation, desk, telephone and internet access. If the C onsultant s personnel wish to use their own laptops these will be allowed to connect to the Government network provided that they have virus protection software that conforms to the Government s standards and are approved by the PM. Enterprise Asset Management ITT Page 21 of 33

25 B. Public Works Department [PWD]: 1. PWD has their own Project Manager [ P W D P M ] and support staff for this project that will be available at 24 to 48 hrs notice during normal working days to meet with the PM and Consultant. 2. PWD will ensure that information required by the Consultant to execute his Service obligations with PWD under these Conditions will be provided within a reasonable timeframe and specified format. 7. Project time-table: The tentative time-table for this project is as follows. Return of Tenders 1 Dec 06 Evaluation and report to CTC [2 weeks] 15 Dec 06 Notification to successful tenderer [3-5 days] 18 Dec 06 Issue Letter of Acceptance and/or Tenderer to sign contract [on or about] 22 Dec 06 Consultant commence services 8 Jan 07 Acceptance of delivered services [say 8-12 weeks] 2 Apr 07 Training services completed [say 2-4 weeks] 30Apr 07 Maintenance support period [12 months] Contract obligations completed [on or about] April The Consultant may define and provide his own programme for the delivery of his Services based upon his allocated resources. It being understood that a shorter delivery period is advantageous to both Agencies [PWD and CSD] but will be conditional upon the level of resources available from CSD. Enterprise Asset Management ITT Page 22 of 33

26 2. The Tenderer will be evaluated on the T enderer s submitted programme and on the resources he has allocated to the Project, taking into account the C lient s preferred time frame stated above. The Tenderer is reminded that the period of time, in weeks, to complete the detailed project plan, implementation and testing obligations of this programme is to be stated in the space provided in paragraph 10 of the Tender Summary. 8. Terms of Payment: 1. Sum Payable: 1. The Government agrees to pay the Consultant subject to any adjustments the sum stated on the Form of Tender for fulfilling his obligations under these Conditions. 2 Not Used: 3. Schedule of Payment: 1. The Consultant shall invoice the Government, on a monthly basis for work completed to the P M s approval. 4. Contingency Payments: 1. Notwithstanding the above the Government agrees to reimburse the Consultant on a time charge basis for such other services as are required by the Government, and are additional to those required to be performed by the Consultant under these Conditions. 5. Time Charges for Contingency Services: 1. The hourly rates to be employed by the Consultant in calculating its charges for Contingency Services shall be in accordance with the Consultant's US$ hourly time charges contained in the Consultant's tender Enterprise Asset Management ITT Page 23 of 33

27 for contingency services. These hourly rates include provision for the Consultant's general overheads, establishment cost, profit and all other staff costs as defined in Condition 9.1.below. 6. Basis of Payment for Contingencies: 1. The Consultant will invoice the Government on a monthly basis for costs properly incurred. The amount so invoiced shall be based on actual hours worked at the rates contained in the Consultant's tender for Contingency Services. 2. The Consultant shall maintain proper time sheet records of all man-hours worked. These records shall clearly indicate the name and grade of the staff member, the hours worked and describe the nature of the work carried out and shall be submitted in support of invoices requesting payment for Contingency Services. 7. Basis of Payment: 1. The Government on accounts rendered by the Consultant shall pay all sums due to the Consultant under these Conditions. Such sum shall be paid within 30 (thirty) days of the submission of the appropriate account. If any item or part of any item of an account rendered by the Consultant is disputed or subject to question by the Government, the payment by the Government of the remainder of that account shall not be withheld on those grounds. 8. Recoverables: 1. Whenever under these Conditions any sum of money shall be recoverable from or payable by the Consultant, such sum may be deducted from or reduced by the amount of any sum or sums then due or which at any time thereafter may become due to the Consultant under any contract with the Government of the Cayman Islands. Enterprise Asset Management ITT Page 24 of 33

28 9. Fees on Suspension: 1. O n suspension or term ination of the C onsultant s services under these Conditions the Consultant will be entitled to payment for his services and expenses up to the point of the suspension or termination in accordance with the provisions of these Conditions and upon such payment the Government shall be entitled to possession, and to make full use of all reports, drawings, voice or electronic documentation or other documents prepared by the Consultant in accordance with and for use under these Conditions. 9. Tenderers price to include: 1. The price stated on the Form of Tender includes all costs incurred by the Consultant including, but not limited to, general overheads, establishment cost, profit, staff costs, travel, accommodation, subsistence, car rental and voice or data communication charges at cost and without further mark-up in the execution of his obligations under these Conditions of Tender. 2. The tenderer is reminded that the costs relating to travel, accommodation, subsistence, car rental, voice and data communication charges are to be charged at cost and without further mark-up and shall be separately priced from the remainder of the services and stated on the Tender Summary. 10. Evaluation Criteria and Weightings: a) The criteria listed below have been drafted in order to comply with Regulations 36 to 39 of the Financial Regulations (2004), which require that all tenders be subject to an overriding requirement to ensure value for money. The criteria seek to identify the most economically advantageous tender with no obligation to accept the lowest priced tender. Enterprise Asset Management ITT Page 25 of 33

29 b) Tenders will be evaluated by an Evaluation Committee. Their recommendation to accept a tender requires approval from the Central Tenders Committee, who will then announce the successful tenderer. c) Eligible tenders shall be evaluated and scored upon the content of the data required to be submitted along with the priced Form of Tender in accordance with the following criteria and weightings: 1. Organizational profile, including experience with similar implementations in Private and /or Public Sector Organisations; Weighting 10% 2. Expertise and demonstrated experience in the provision of O racle s ea M and eb usiness S uite m odules along w ith the academic and technical qualifications of the person(s) to be used on the project; Weighting 15% 3. Methodology and approach to the work to be completed; Weighting 15% 4. Tender price, including travel and subsistence charges and all other expenses; Weighting 35% 5. Com pletion tim efram es for C S D s and P W D s im plem entation; Weighting 10% 6. Appropriateness, adequacy and overall quality of the submitted proposal; Weighting 15% d) Tenders considered being either abnormally high or abnormally low shall be scored according to the predetermined matrix. e) Eligible tenders are considered under technical appraisal and where necessary clarifications may be required from the Tenderer. In such cases written responses to the questions should be submitted within the stated timeframe. Enterprise Asset Management ITT Page 26 of 33

30 COMPUTER SERVICES DEPARTMENT GOVERMNENT ADMINISTRATION BUILDING GRAND CAYMAN KY FORM OF TENDER TENDER NO: CSD T06/001 To be returned no later than 01:15 PM EST on Friday 1 December, 2006 To the Central Tenders Committee Government Administration Building Grand Cayman KY Cayman Islands For: At: Implementation of Enterprise Asset Management (eam) module of Oracle ebusiness Suite (CSD) and Public Works Department (PWD) TO THE GOVERNMENT OF THE CAYMAN ISLANDS 1. We have examined the following documents: a) Invitation to Tender published 3 November 2006 containing details of a. Invitation to Tender, b. Instructions to Tenderers, c. Conditions of Tender, and b) Notices to Tenderers N o. s. inclusive [if none received please state NONE.] 2. We agree that the proper law of this Contract shall be Cayman Islands Law. 3. We agree that the essence of open tendering is that the Client Agency shall receive bona fide competitive tenders from all those tendering. In recognition of this principle, we certify that this is a bona fide tender intended to be competitive, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not done and we undertake that we will not do at any time before the hour and date Enterprise Asset Management ITT Page 27 of 33

31 specified for the return of this tender any of the following acts: a) communicate to a person other than the person calling for those tenders the amount or approximate amount of the proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender is necessary to obtain insurance premium quotations required for the preparation of the tender, b) enters into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted; c) offer pay or give or agree to pay or give any sum of money or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the said work any act or thing of the sort described above. d) In this paragraph, the w ord person includes any persons and any body or association, corporate or unincorporated; and any agreem ent or arrangem ent includes any such transaction, form al or inform al, and w hether legally binding or not. (4) We undertake to satisfy the Government that the prices of the several items in the Summary which we furnish with this tender are those on which our tender is based and that they bear reasonable relation to each other. (5) We agree that, should obvious errors in arithmetic be discovered in any priced Summary submitted by us during consideration of this offer, these errors will be corrected by giving us an opportunity of confirming our offer or of amending it to correct such errors. Enterprise Asset Management ITT Page 28 of 33

32 (6) We agree that this tender shall remain open for consideration for 56 days from the date for the return of this tender. (7) Subject to and in accordance with paragraphs 2,3,4,5 and 6 above and the terms and conditions contained or referred to in the documents listed in paragraph 1, we offer to execute all the Services referred to in the said documents in consideration of payment by the Government of the sum (as itemised on the attached Form of Tender Part 2 Tender Summary pages) (in words): (US$ ) Signed in the capacity of [Print Name]. duly authorized to sign tenders for and on behalf of (in UPPER CASE) Postal Address Postal Address Fax: No: Date: NOTE: Tenderers are reminded that the following data must be returned along with this signed Form of Tender: 1. The Tender Summary pages 1 to 3 inclusive, priced, totaled and signed as in Tender. 2. Refer to Tender Summary page 3 for a summary of the required data to be submitted with your tender. End Enterprise Asset Management ITT Page 29 of 33

33 FORM OF TENDER Part 2 TENDER SUMMARY Page 1 of 3 Subject to the terms and conditions contained or referred to in the accompanying Form of Tender we offer to provide all the Services referred to in the said documents in consideration of payment of the following sums as itemised below: 1. Implementation services for as defined in Condition 4.c : US$. 2. Implementation services for Public Works Department as defined in Condition 4 d: US$. 3. Testing Services for as defined in Condition 4 e: US$. 4. Testing Services for Public Works Department as defined in Condition 4 f: US$. 5. Travel and Subsistence charges as defined in Condition 9 2: US$. 6. Training Services and provision of materials as defined in Condition 4 g: US$. 7. Post Acceptance Services [for 12 months] as defined in Condition 4 h 1: US$. 8. Cost of Support Services as defined in Condition 4 h 2: 1. S tate grade of support:. Allow 25 Hrs of US$.../hr x 25 = US$. Insert hourly rate and extend to total column 2. State grade of support:. Allow 10 hrs of US$.../hr x 10 = US$. Insert hourly rate and extend to total column 3. State grade of support:. Allow 10 Hrs of US$.../hr x10 = US$. Insert hourly rate and extend to total column Total of Consultant Services carried forward US$ Enterprise Asset Management ITT Page 30 of 33

34 FORM OF TENDER Part 2 TENDER SUMMARY page 2 of 3 Total bought forward 9. Price for Hourly Time Charges for Contingencies Services as required under Condition 8: US$. Include below a provisional allowance of 25hrs for each grade of personnel, employed by the Consultant for Contingency Services that may or may not be additional services required by the PM under Condition 8: 1. Team Leader Allow 25 hrs of US$.../hr x 25 = US$. 2. Senior Analyst /Programmer Allow 25 hrs of US$.../hr x 25 = US$. 3. Analyst /Programmer Allow 25 hrs of US$.../hr x 25 = US$. Other Staff [name grades if needed]: 4. Allow 25 hrs of US$.../hr x 25 = US$. 5. Allow 25 hrs of US$.../hr x 25 = US$. Total Carried to FORM of TENDER US$ 10. The period for completion of the C onsultant s S ervices: as required under Condition 7 is: weeks. [Tenderer to insert number] Signed in Tender by: Dated: Print Name:.... For and on behalf of: Enterprise Asset Management ITT Page 31 of 33

35 FORM OF TENDER Part 2 TENDER SUMMARY page 3 of 3 Tenderers are reminded that the following data must be returned along with this signed Form of Tender: F our copies of the T enderer s submission data for use by the evaluation committee to be submitted with the Form of Tender and Tender Summary pages as follows: 1. The signed Conflicts of Interest statement as required by paragraph 12 of the Instructions to Tenderers; 2. The evidential data, notarised: as required by Condition 1 3. S tatem ent regarding your O rganisation s structure/profile: as required by Condition 3 a 4. Details of the proposed Team: as required by Condition 3 b including: a. Sample Test Exit Report: as required by Condition 3 b 4. b. Details of the anticipated CSD personnel support needed by the Consultant: as required by Condition 3 b Detailed Project Plan: as required by Condition 4 a 6. The terms and conditions that will apply for [post-acceptance] support services: as required by Condition 4 h 2 7. C opy of the C onsultant s P rofessional Indem nity Insurance P olicy a s required by Condition T he period for com pletion of the C onsultant s services: as required by Condition 7 and stated on the Tender Summary under paragraph 10 END Enterprise Asset Management ITT Page 32 of 33

36 CONTRACT AGREEMENT Contract No.: CSD C06/00 For: Implementation of Enterprise Asset Management (eam) module At: and Public Works Department T H IS A G R E E M E N T m ade the.day of 2006 BETWEEN: The Government of the Cayman Islands, of Grand Cayman KY1-9000, Cayman Islands (hereinafter called the G overnm ent ) and < N am e of C onsultant> of. or w hose registered office is at (hereinafter called the C onsultant ) INCORPORATES the Invitation to Tender dated 3 November, 2006 comprising the Invitation to Tender, the Instructions to Tenderers, the Conditions of Tender, the C onsultant s Form of Tender and the C onsultant s Tender Summary, the C onsultant s program m e and the G overnm ent s Letter of A cceptance copies of all of which are annexed hereto or have been signed for identification purposes by or on behalf of the Government and the Consultant. Any disputes, differences or questions arising out of or relating to the Contract shall be resolved in accordance with Condition 5.18 (Arbitration) of the Conditions of Tender. IN WITNESS whereof the parties have executed this Agreement in duplicate on the date first stated above. Signed by for and on behalf of the GOVERNMENT OF THE CAYMAN ISLANDS [Print Name] AND Signed by:... for and on behalf of < C onsultant s N am e> [Print Name] In the presence of.. [Print Name of Witness] [W itness s S ignature] End Enterprise Asset Management ITT Page 33 of 33