TENDER NO. BOZ/CTC/ICT/02/2009

Transcription

1 Bank of Zambia Bidding Documents TENDER NO. BOZ/CTC/ICT/02/2009 TENDER FOR THE SUPPLY, DELIVERY AND INSTALLATION OF A SERVICE DESK MANAGEMENT SYSTEM MAY, 2009 Source of Funds Bank of Zambia Bank Square Cairo Road P.O. Box Lusaka ZAMBIA Tel: Fax:

2 Bank of Zambia: Invitation to Bid for Service Desk Management Solution Table of Contents Section I. Invitation for Bids Section II. Instructions to Bidders Section III. Bid Data Sheet Section IV. General Conditions of Contract Section V. Special Conditions of Contract Section VI. Schedule of Requirements Section VII. Sample Forms Section VII. Eligibility for the Provision of Products and Services Section IX. Technical Specifications Page 1 of 106

3 Section I. Invitation for Bids Page 2 of 106

4 Invitation for Bids Date of Issuance of IFB: 5 th June, 2009 IFB No: BOZ/CTC/ICT/02/2009 Title of Tender: Supply, Delivery and Installation of the Service Desk Management System 1. The Bank of Zambia has made a provision towards the cost of Supply, Delivery and Installation of Service Desk Management System for Bank of Zambia at its Head Office in Lusaka and Regional Office in Ndola. 2. The Bank of Zambia invites sealed bids from prospective Bidders for the Supply, Delivery and Installation of Service Desk Management System for Bank of Zambia at its Head Office in Lusaka and Regional Office in Ndola. 3. Interested Bidders may obtain further information from and inspect the bidding documents at the Bank of Zambia, 7 th Floor, Annex Building. The fax number is HOWEVER, BIDS SUBMITTED VIA FACSMILE WILL NOT BE ACCEPTED. Bidding Documents can also be accessed on the Bank of Zambia Website; 4. Bidding documents and additional copies in English may be purchased by interested bidders from either the Bank of Zambia, 7 th Floor, Annex Building, Cairo Road, Lusaka or Bank of Zambia Regional Office, Buteko Avenue, Ndola, upon payment of a non-refundable fee of K250,000 inclusive of VAT or its equivalent in a freely convertible currency at the prevailing exchange rate, in cash or Bankers cheque. 5. Sealed bids must be deposited in the tender box situated on the 7 th Floor, Annex Building, Bank of Zambia, Cairo Road Lusaka on or before Thursday 2 nd July, 2009 at 14:30 hours local time and must be accompanied by a bid security of at least two (2) percent of the bid sum. The bid security must be in the form of (a) a bank certified cheque or (b) a bank Guarantee or ( c) Bid Bond issued by an Insurance Firm (d) an irrevocable Letter of Credit issued by a reputable bank. Late, faxed and electronic bids will be rejected. Tenders will be opened thereafter in the presence of bidders or their representatives who choose to attend. 6. Prospective Bidders are invited to attend a Pre-Bid Conference on Wednesday 17 th June, 2009 at 14:30 hours in the Procurement Conference Room, 7 th Floor, Annex Building Lusaka. 7. Prospective Bidders are reminded to bring with them Identification Cards /Information to facilitate their entry into the Bank. Page 3 of 106

5 Director-Procurement & Maintenance Bank of Zambia 7 th Floor, Annex Building P O Box LUSAKA Tel: Page 4 of 106

6 A. Introduction 1. Source of Funds 2. Eligib le Bidders 3. Eligible Products and Services 4. Cost of Bidding Section II. Instructions to Bidders Table of Clauses B. The Bidding Documents 5. Content of Bidding Documents 6. Clarification of Bidding Documents 7. Addendum to Bidding Documents C. Preparation of Bids 8. Language of Bids 9. Documents Comprising the Bid 10. Bid Prices 11. Bid Currencies 12. Documents Establishing Bidder s Eligibility and Qualifications 13. Documents Establishing Products Eligibility and Conformity to Bidding Documents 14. Bid Security 15. Period of Validity of Bids D. Submission of Bids 16. Format, Signing and Packaging of Bids 17. Deadline for Submission of Bids 18. Modification and Withdrawal of Bids E. Opening and Evaluation of Bids 19. Opening of Bids by the Purchaser 20. Clarification of Bids 21. Preliminary Examination of Bids 22. Conversion to Single Currency 23. Evaluation and Comparison of Bids 24. Domestic Preference 25. Contacting the Purchaser F. Post Qualification and Award of Contract 26. Post Qualification 27. Award Criteria 28. Purchaser s Right to Vary Quantities at Time of Award 29. Purchaser s Right to Accept any Bid and to Reject any or All Bids Page 5 of 106

7 30. Notification of Award 31. Signing of Contract 32. Performance Security Instructions to Bidders A. Introduction 1. Source of Funds 1.1 The Bank of Zambia (BOZ) is providing the funds for this project from its own internal resources. 1.2 Payment will be made on the basis of an agreed payment schedule to be negotiated between the Bank and the vendor. 2. Eligible Bidders 3. Eligible Products and Services 2.1 Government-owned enterprises in the Purchaser s country may participate only if they are legally and financially autonomous, if they operate under commercial law, and if they are not a dependent agency of the Purchaser. 3.1 For the purposes of these Bidding Documents, the Information Systems, also called simply the Systems, means all of the products to be installed together with the related services to be provided by the selected Bidder under the contract. 3.2 For purposes of this clause, origin means the place where the products are produced, or the place from which the services are supplied. Products are produced when, through software development, manufacturing, or substantial and major assembly or integration of components, a commercially recognised product results that is substantially different in basic characteristics or in purpose or utility from its components. The origin of products and services is distinct from the nationality of the Bidder. 3.3 All products and services to be supplied under the contract must be eligible for export to the Purchaser s country, under the existing regulations of the country(s) of origin, for projects similar to the project identified in the Bid Data Sheet. Bidders shall be responsible for obtaining all nece ssary export permits for the products and services to be supplied. 4. Cost of Bidding 4.1 The Bidder shall bear all costs associated with the preparation and submission of its bids, and the Purchaser named in the Bid Data Sheet, hereinafter referred to as the Purchaser, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. Page 6 of 106

8 B. The Bidding Documents 5. Content of Bidding Documents 5.1 The contents of the Bidding Documents are: Section I. Invitation for Bids Section II. Instructions to Bidders Section III. Bid Data Sheet Section IV. General Conditions of Contract (GCC) Section V. Special Conditions of Contract (SCC) Section VI. Schedule of Requirements Section VII. Sample Forms Section VIII. Technical Specifications 5.2 Bidders are expected to examine all instructions, forms, terms, specifications and other information in the Bidding Documents. Failure to furnish all information required by the Bidding Documents or to submit a bid not substantially responsive to the Bidding Documents in every respect will be at the Bidder s risk and shall result in the rejection of its bid. 6. Clarification of Bidding Documents 6.1 Bidders requiring clarification of the Bidding Documents may petition the Purchaser in writing or by cable (hereinafter, the term cable is deemed to include telex, electronic mail and facsimile) at the Purchaser s address indicated in the Bid Data Sheet. The Purchaser will respond in writing to any such petition received no later than fourteen (14) days before the deadline for submission of bids prescribed in the Bid Data Sheet. The Purchaser s written response (with an explanation of the query but without identifying the source of the inquiry) will be sent to all purchasers of the Bidding Documents. 6.2 When specified in the Bid Data Sheet, the Purchaser will organise and bidders may attend a pre-bid meeting at the time and place indicated in the Bid Data Sheet. The purpose of the meeting will be to clarify issues and the Technical Specifications. Minutes of the conference, including the questions raised and responses given, will be sent to all purchasers of the Bidding Documents. 7. Amendment of Bidding Documents 7.1 The Purchaser may modify the Bidding Documents by issuing addenda, for any reason, and at any time prior to the deadline for submission of bids. Any addenda to the Bidding Documents shall be a part of the Bidding Document, pursuant to ITB Clause 5, exclusively through the issuance of a formal Addendum and not through the Minutes of the meeting. 7.2 All purchasers of the Bidding Documents will be notified of the addenda in writing or by cable, and it will be binding on them. Page 7 of 106

9 7.3 To allow bidders reasonable time to take any addenda into account in preparing their bids, the Purchaser will extend, as necessary, the deadline for the submission of bids. Any addenda issued less than fourteen (14) days prior to the deadline for submission of bids shall include an extension of at least fourteen (14) days. C. Preparation of Bids 8. Language of Bids 9. Documents Comprising the Bid 8.1 Bids and all correspondence and documents relating to the bids exchanged by bidders and the Purchaser, shall be written in English. Supporting documents and printed literature furnished by bidders may be in another language, provided they are accompanied by an accurate translation of the relevant passages in the English, in which case, for purposes of interpretation of the bid, the translation shall govern. Information supplied in another language without the proper translation shall be rejected. 9.1 The bid submitted by the Bidder shall comprise the following: (a) the relevant completed Single Stage Bid Form and all Price Schedules duly signed by the Bidder and completed in accordance with ITB Clauses 12,13 and 16; (b) bid security furnished in accordance with ITB Clause 14; (c) (d) (e) documentary evidence established in accordance with ITB Clause 12 that the Bidder is eligible to bid and is qualified to perform the contract if its bid is accepted; documentary evidence established in accordance with ITB Clause 13 that the products and services to be supplied by the Bidder are eligible products and services and conform to the Bidding Documents; and A full description of the technical solution to the business problems described in the Section VIII Technical Specifications. Each bid shall contain only one technical and price solution. If a Bidder wishes to offer more than one solution, each must be submitted as a separate and complete bid with only one bid security required from each Bidder, and each such bid will be evaluated on its own merit. Any alternative proposals or other variations from the requirements of the Bidding Documents, including the mandatory technical specifications, will be at the Bidder s own risk, pursuant to ITB Clause Bid Prices 10.1 The Bidder shall indicate the prices of the proposed Information Page 8 of 106

10 Systems using the tables provided in the Bidding Documents Prices indicated on the Price and Recurrent Costs Schedules provided in the Bidding Documents shall be listed individually in the following manner: (a) (b) Unit and total prices of products offered from abroad shall be quoted on a CIP point of entry or CIP named place of destination basis, as specified in the Bid Data Sheet, on the Imported Products Price Schedule, exclusive of all taxes and duties in the Purchaser s country. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible countries and may obtain insurance services from any eligible source country; Prices of products offered from within the Purchaser s country on the Locally Supplied Products Price Schedule, as follows: (i) (ii) Unit and total prices of products quoted EXW (ex works, ex factory, ex warehouse or off-the-shelf, as applicable), including all customs duties and sales or other taxes already paid or payable on previously imported products, or on the components or materials used in the production of the products; and any Purchaser country sales or other taxes that will be payable on the products if the contract is awarded. (c) (d) Unless otherwise specified in the Bid Data Sheet, Prices for installation services, including all taxes payable by the Bidder thereon, broken down into the local and foreign currency components, on the Services Price Schedule. If specified in the Bid Data Sheet, recurrent costs during the Maintenance Period after the expiration of the Warranty Period on the Recurrent Costs Form, as follows: (i) (ii) the cost of all diagnostic equipment, spare parts, consumables, supplies, software updates, recurrent licensing fees, and any other items needed to operate the Systems, plus any other recurrent supply of products specified in the Bidding Documents, quoted CIP if offered from abroad or EXW if offered from within the Purchaser s country; and the cost of all maintenance and technical support services, and any other recurrent services specified in the Bidding Documents, including all taxes payable by Page 9 of 106

11 the Bidder thereon. (e) (f) Prices for inland delivery of the products, including transportation, insurance and all other local costs incidental thereto, for delivery to their destination on the Inland Delivery Price Schedule. Totals of Bid, inland delivery Prices, and Recurrent Costs, subtotalled by currency and delivery basis (EXW or CIP ), on the Bid Price Summary Form The terms EXW, CIP, etc., shall be governed by the rules prescribed in the current edition of INCOTERMS published by the International Chamber of Commerce, Paris The Bidder s separation of price components in accordance with ITB Clause 10.2 will be solely for the purpose of facilitating the comparison of bids and will not in any way limit the Purchaser s right to contract on any of the terms offered Prices quoted by the Bidder shall be fixed maximum prices during the Bidder s performance of the contract and not subject to increases on any account, except for the maximum annual percentage increases quoted by the Bidder in the Recurrent Costs Schedule. Bids submitted with adjustable price quotations will be rejected. 11. Bid Currencies 11.1 Prices shall be quoted in the following currencies: (a) (b) For all Bidders based in the Purchaser s country, the prices shall be quoted in the currency of the Purchaser s country, unless otherwise specified in the Bid Data Sheet. Bidders from outside the Purchaser s country may quote prices in the United States dollar or any freely convertible currency. 12. Documents Establishing Bidder s Eligibility and Qualifications 12.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents establishing the Bidder s eligibility to bid and its qualifications to perform the contract if its bid is accepted The documentary evidence of the Bidder s eligibility to bid shall establish to the Purchaser s satisfaction that the Bidder and any subcontractors, at the time of submission of the bid, are from an eligible country as defined under ITB Clause The documentary evidence of the Bidder s qualifications and ability to perform the contract if its bid is accepted shall establish to the Purchaser s satisfaction: Page 10 of 106

12 (a) (b) (c) that, in the case of a Bidder not doing business in the Purchaser s country, the Bidder is or will be (if awarded the contract) represented in that country and is or will be able to carry out the installation, support, maintenance, spare partsstocking and other service obligations prescribed in the Bidding Documents; that, in the case of a Bidder offering to supply products under the contract that it did not produce, the Bidder has been duly authorised by the subcontracted producer to supply the products in the Purchaser s country and to act on behalf of the producer, corroborated by a completed Producer s Authorisation Form as provided in the Bidding Documents; and that the Bidder and any subcontractors have the financial, technical, and staff capabilities to support the Systems, and have a successful performance history, as specified in the Bid Data Sheet, appropriate for their role in fulfilling the contract. 13. Documents Establishing Products Eligibility and Conformity to Bidding Documents 13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the Bidding Documents of all products and services which the Bidder proposes to supply under the contract The documentary evidence of the eligibility of the products and services shall consist of a statement in the Price Schedules of the country of origin of each of the products and services offered, that shall be confirmed by a certificate of origin issued at the time of shipment The documentary evidence of conformity of the products and services to the Bidding Documents may be in the form of written descriptions, literature, diagrams, certifications and client references, including: (a) (b) (c) a detailed description of the essential technical and performance characteristics of the products; an item -by-item commentary on the Purchaser s Technical Specifications, demonstrating the substantial responsiveness of the products and services to those specifications, and any additional requirements specified in the Bid Data Sheet; and a confirmation that the Bidder shall accept responsibility for the successful integration and interoperability of all proposed products as required by the Bidding Documents. Page 11 of 106

13 13.4 For purposes of the commentary to be furnished pursuant to ITB Clause 13.3(b), the Bidder shall note that any references to brand names or model numbers designated by the Purchaser in its Technical Specifications, are intended to be descriptive only and not restrictive. The Bidder may substitute alternative brand/model names in its bid, provided that it demonstrates to the Purchaser s satisfaction that the substitutes ensure at least substantial equivalence to those referenced in the Technical Specifications. 14. Bid Security 14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bid security in the amount specified in the Bid Data Sheet The bid security is required to protect the Purchaser against the risk of Bidder s conduct which would warrant the security s forfeiture, as per ITB Clause The bid security shall be denominated in the currency of the bid or in a freely convertible currency, shall be valid for thirty (30) days beyond the validity of the bid, and shall be in one of the following forms: (a) (b) a bank guarantee or an irrevocable letter of credit issued by a reputable bank of the Bidder s choice, in the form provided in the Bidding Documents or another form acceptable to the Purchaser; a certified cheque Any bid not secured in accordance with ITB Clauses 14.1 and 14.3 will be rejected by the Purchaser as nonresponsive, pursuant to ITB Clause Unsuccessful bidders bid security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Purchaser pursuant to ITB Clause The successful Bidder s bid security will be discharged upon the Bidder signing the contract, pursuant to ITB Clause 31, and furnishing the performance security, pursuant to ITB Clause The bid security may be forfeited: (a) (b) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or in the case of a successful Bidder, if the Bidder fails to: (i) sign the contract in accordance with ITB Clause 31; Page 12 of 106

14 and/or (ii) furnish performance security in accordance with ITB Clause Period of Validity of Bids 15.1 Bids shall remain valid for the period specified in the Bid Data Sheet from the date of bid submission prescribed by the Purchaser, pursuant to ITB Clause 17. A bid valid for a shorter period shall be rejected by the Purchaser as nonresponsive In exceptional circumstances, the Purchaser may solicit the Bidder s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by cable). The bid security provided under ITB Clause 14 shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid, except as provided in ITB Clause D. Submission of Bids 16. Format, Signing and Packaging of Bids 16.1 The Bidder shall prepare an original and 2 (two) copies of the bid specified in the Bid Data Sheet, clearly marking each ORIGINAL BID or COPY OF BID, as appropriate. In the event of any discrepancy between them, the original shall govern The original and copies of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to bind the Bidder to the contract, which authorisation shall be corroborated by a written power of attorney accompanying the bid. All pages of the bid, except for unaltered printed literature, shall be initialled by the person or persons signing the bid. Any interlineation, erasures, or overwriting shall be valid only if initialled by the people signing the bid A two envelope system will be used to submit the bids, which will be sealed in 2 separate envelopes bearing the name and return address of the Bidder, be addressed to the Purchaser, bear the project and contract names and the Invitation for Bids (IFB) title and number, all as indicated in the Bid Data Sheet, marked appropriately as Envelope 1 or Envelope 2 and marked: DO NOT OPEN BEFORE, to be completed with the time and date specified in the Bid Data Sheet for ITB Clause The contents of each envelope are fully described in Section IX (IFB Response Requirements) If the envelopes are not sealed and marked as required by ITB Page 13 of 106

15 Clause 16.3, the Purchaser will assume no responsibility for the bid s misplacement or premature opening Bidders shall organise their bids in accordance with the format specified in the Section IX. Technical Specifications. 17. Deadline for Submission of Bids 17.1 Bids must be received by the Purchaser at the address specified in the Bid Data Sheet for ITB Clause 16.3 no later than the time and date specified in the Bid Data Sheet. Bids received after this deadline will be rejected and returned to the Bidder unopened The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bidding Documents in accordance with ITB Clause 7, in which case all rights and obligations of the Purchaser and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 18. Modification and Withdrawal of Bids 18.1 The Bidder may modify or withdraw its bid after submission, provided that the modification, substitution or written notice of withdrawal of the bid, is received by the Purchaser prior to the deadline prescribed for submission of bids. No bid may be modified or withdrawn after the deadline for submission of bids, pursuant to ITB Clause The Bidder s modification or withdrawal notice shall be packaged and dispatched in accordance with ITB Clause 16. A withdrawal notice may be sent by cable, but must be followed by a signed original, postmarked not later than the deadline for submission of bids No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of period of bid validity specified by the Bidder on the Bid Form. Withdrawal of a bid during this interval may result in the Bidder s forfeiture of its bid security pursuant to ITB Clause E. Opening and Evaluation of Bids 19. Opening of Bids by the Purchaser 19.1 The Purchaser will open all bids at the place and time specified in the Bid Data Sheet. Bidders representatives may attend the opening, and those who are present shall sign a register evidencing their attendance The bidders names, bid modifications or withdrawals, bid prices, discounts, and the presence or absence of requisite bid security and such other details as the Purchaser may consider appropriate, will be announced at the opening. No bid shall be rejected at bid Page 14 of 106

16 opening, except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause The Purchaser will prepare minutes of the bid opening. 20. Clarification of Bids 21. Preliminary Examination of Bids 20.1 During evaluation of bids, the Purchaser may, at its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered, or permitted The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order Computational errors will be rectified on the following basis. If there is a discrepancy between the unit price a nd 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. If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder does not accept the correction of any errors, its bid will be rejected, and its bid security may be forfeited Prior to detailed evaluation, the Purchaser will determine whether each bid is substantially responsive to the Bidding Documents (including any amendments thereto). For purposes of the ITB, a substantially responsive bid is one which conforms to all the terms and conditions of the Bidding Documents, including all requirements of the mandatory technical specifications, without material deviations, as determined from the contents of bid itself, without recourse to extrinsic evidence. A material deviation is one which limits the scope of the Systems in any substantial way, and the acceptance of which deviation would affect unfairly the competitive position of other bidders presenting substantially responsive bids. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security (ITB Clause 14), Applicable Law (GCC Clause 10), and Taxes and Duties (GCC Clause 20), will be deemed to be a material deviation A bid that is not substantially responsive will be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the nonconformity The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. Page 15 of 106

17 22. Conversion to Single Currency 22.1 To facilitate evaluation and comparison, the Purchaser will convert all bid prices expressed in the various currencies in which they are payable to either: (a) (b) the currency of the Purchaser s country at the selling exchange rate established for similar transactions by the Central Bank or a commercial bank in the Purchaser s country; or a currency widely used in international trade, such as US dollars, at the selling rate of exchange published in the international press for the amount payable in foreign currency; and at the selling exchange rate established for similar transactions by the Central Bank in the Purchaser s country for the amount payable in the currency of the Purchaser s country The currency selected for converting bid prices to a common base for the purpose of evaluation and the date and source of the selling exchange rate are specified in the Bid Data Sheet. 23. Evaluation and Comparison of Bids 23.1 The Purchaser will evaluate and compare the bids that have been determined to be substantially responsive, pursuant to ITB Clause The Purchaser s evaluation of a bid will include and take into account: (a) (b) any Purchaser country sales or other taxes that will be payable on the products offered from within the Purchaser s country, as per ITB Clause 10.2(b); customs duties and other similar import taxes that will be payable on the products offered from abroad, as per ITB Clause 10.2(a) The Purchaser s evaluation of bids will take into account both cost and technical factors. A B id Score (S) will be calculated for each responsive bid using the following formula, which weights the Evaluated Bid Price and the total Technical Points awarded to the bid: C min T S = X + Y C T max where C = Evaluated Bid Price Cmin = the lowest of all Evaluated Bid Prices T = the total Technical Points for the bid Page 16 of 106

18 Tmax= the maximum Technical Points awarded to any responsive bid X = weight of the Price Score as specified in the Bid Data Sheet Y = weight of the Technical Score as specified in the Bid Data Sheet The highest responsive Bid Score is eligible for contract award The price comparison of bids shall be between the EXW price of the products offered from within the Purchaser s country, in accordance with ITB Clause 10.2(b), and the CIP point of entry or CIP named place of destination price of the products offered from outside the Purchaser s country, in accordance with ITB Clause 10.2(a). The Evaluated Bid Price for each responsive bid will also include all Recurrent costs, the cost of inland delivery of the Products, and the cost of all Services required in the Bidding Documents. It will be determined using the following process: (a) Adjustment of the Bid Price and Recurrent Costs, as specified in the Bid Data Sheet, for the cost of: (i) (ii) Delays in bid installation schedule within the maximum period specified in the Bid Data Sheet beyond the deliveries and installations specified in the Schedule of Requirements. Delayed deliveries or installations within this permissible range will result in an increase of the EXW or CIP prices by the percentage specified in the Bid Data Sheet for each week of delay. Deviations in bid payment schedule from the schedule specified in the Special Conditions of Contract, if such deviation is considered acceptable to the Purchaser, bid prices will be increased by the amount of interest that could otherwise be earned for any earlier payments involved in the proposed schedule, as compared to those stipulated in the Bidding Documents, at the annual interest rate specified in the Bid Data Sheet. (iii) Required products and services missing from the bid to be estimated based on the highest equivalent prices from the other responsive bids and added to the price of the bid in question. (b) The Evaluated Bid Price (C) is calculated as the sum of the adjusted total Bid Price (P) and the Net Present Value of the adjusted Recurrent Costs (R), using the following formula: Page 17 of 106

19 N Rx C = P + x = ( + I ) x 1 1 where P = total Bid Price, adjusted as per ITB Clauses 23.4(a) and 24.1 I = interest rate for Net Present Value from the Bid Data Sheet Rx = total Recurrent Costs for year x, including adjustments as per ITB Clause 23.4(a) N = number of years of Recurrent Costs from ITB Clause 10.2(d) x = index representing each of the N years, in turn 24. Domestic Preference 24.1 If the Bid Data Sheet so specifies, the Purchaser will grant a margin of preference to products offered from within the P urchaser s country. The CIP components representing products offered from abroad, as listed on the Imported Products Price Schedule pursuant to ITB Clause 10.2(a), shall be increased by the applicable import tariff (custom duties and other import taxes) or fifteen (15) percent, whichever is less. If duties vary from item to item within a package, the appropriate tariff for each piece of equipment shall apply. No preference shall be applied for any associated services or works included in the bid No margin of preference will be granted for any other price component and bidders will no t be permitted or required to modify the source of any products or services after bid opening as a condition of contract award. Bidders quoting a pricing structure other than that specified herein may have their bids rejected. 25. Contacting the Purchaser 25.1 Any effort by the Bidder to influence the Purchaser in the process of evaluating bids and in decisions concerning award of the contract will result in the rejection of the Bidder s bid. F. Post Qualification and Award of Contract 26. Post Qualification 26.1 The Purchaser will determine at its own cost and to its satisfaction whether the Bidder that is selected as having submitted the highest evaluated responsive bid is qualified to perform the contract satisfactorily, in accordance with ITB Clauses 12 and 13 and the Technical Specifications The determination will take into account the Bidder s financial, technical, production and support capabilities, as well as confirmation of the Systems claimed performance. It will be based Page 18 of 106

20 upon an examination of the documentary evidence of the Bidder s qualifications and System specifications submitted by the Bidder, pursuant to ITB Clauses 12 and 13, as well as other information as the Purchaser deems necessary and appropriate. This determination may include visits or interviews with the Bidder s clients referenced in its bid, site inspections, performance or functionality tests, and any other measures described in the Bid Data Sheet and/or the Technical Specifications An affirmative post-qualification determination will be a prerequisite for award of the contract to the highest evaluated Bidder. A negative determination will result in rejection of the Bidder s bid, in which event the Purchaser will proceed to the next highest evaluated bid to make a similar determination of that Bidder s capabilities to perform satisfactorily. 27. Award Criteria 27.1 Subject to ITB Clause 29, the Purchaser will award the contract to the Bidder whose bid has been determined to be substantially responsive and has been determined to have the highest bid score, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily, pursuant to ITB Clause Purchaser s Right to Vary Quantities at Time of Award 28.1 The Purchaser reserves the right at the time of contract award to increase or decrease, by the percentage indicated in the Bid Data Sheet, the quantity of products and services originally specified in the Schedule of Requirements without any change in unit prices or other terms and conditions. 29. Purchaser s Right to Accept any Bid and to Reject any or All Bids 30. Notification of Award 29.1 The Purchaser reserves the right to accept or reject any bid, or to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to the affected Bidder or bidders Prior to the expiration of the period of bid validity, the Purchaser will notify the successful Bidder in writing by registered letter, or by cable to be subsequently confirmed in writing by registered letter, that its bid has been accepted The notification of award will constitute the formation of the contract Upon the successful Bidder s furnishing of the performance security pursuant to ITB Clause 32, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause Signing of 31.1 At the same time as the Purchaser notifies the successful Bidder Page 19 of 106

21 Contract that its bid has been accepted, the Purchaser will send the Bidder the Contract Form provided in the Bidding Documents, incorporating all agreements between the parties Within thirty (30) days of receipt of the Contract Form, the successful Bidder shall sign and date the contract and return it to the Purchaser. By mutual agreement, the contract signature date may be postponed by up to thirty (30) days. 32. Performance Security 32.1 Within thirty (30) days of the receipt of notification of award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the Conditions of Contract, using the Performance Security Form provided in the Bidding Documents or another form acceptable to the Purchaser Failure of the successful Bidder to comply with the requirements of ITB Clause 31 or ITB Clause 32.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the Purchaser may make the award to the next highest evaluated Bidder or call for new bids. Page 20 of 106

22 Section III. Bid Data Sheet Page 21 of 106

23 Bid Data Sheet The following specific data for the products and services to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in the ITB. ITB 3.3 ITB 4.1 ITB 6.1 INTRODUCTION Name of Project: Supply, Delivery, and Installation of Service Desk Management System. Name of Purchaser: Bank of Zambia Purchaser s address: Director Procurement & Maintenance Services 7 th Floor Annex Building Bank of Zambia Bank Square Cairo road P.O. Box Lusaka Tel: ( ) Fax: (260211) ITB 6.2 ITB 10.2(a) ITB 10.2(d) Dates, times and places for the pre-bid meeting: Wednesday, 17 th June, 2009 at 14:30 hours in the Procurement and Maintenance Conference room, 7th Floor Annex Building, Bank of Zambia. BID PRICES AND CURRENCY Prices for products offered from abroad shall be quoted as: CIP Lusaka International Airport. The Maintenance Period (N) for Recurrent Costs to be included in the evaluation process shall be 3 years after the expiration of the Warranty Period (which is as defined in GCC/SCC). Page 22 of 106

24 ITB 12.3(c) PREPARATION AND SUBMISSION OF BIDS Qualification requirements for bidders and any subcontractors are: Organisations bidding for the supply of the Service Desk solution must be reputable with a respectable national, regional or international presence. They must have a proven track record of delivering, implementing and supporting similar applications. Financial sector experience will be preferable. ITB 13.3(b) ITB 14.1 ITB 15.1 ITB 16.1 ITB 16.3 ITB 17.1 The qualification requirements for the proposed Information Systems are: The system must be able to handle the w ho le range of activities associated with Service Desk in the Bank of Zambia at its Head Office in Lusaka and Regional Office in Ndola. It should have been installed in several other sites already. The amount of bid security required is: at least 2 % of estimated costs. The bid validity period shall be 180 days from tender closing date. Required number of copies of the bid: 1 original and 2 copies The IFB title and number are: Supply, Delivery and Installation of Service Desk Management System - BOZ/CTC/ICT/02/2009 The address for bid submission is: Director Procurement and Maintenance Services Bank of Zambia, Cairo Road, P.O. Box Lusaka ITB 19.1 Deadline for bid submission: hours on Thursday 2 nd July, Time, date, and place for bid opening are: hours on Thursday 2 nd July, 2009 in the Procurement and Maintenance Conference room, 7 th Floor Annex Building, Bank of Zambia.. 7 th Floor, Annexe Building Bank of Zambia, Cairo Road, P.O. Box Lusaka Page 23 of 106

25 ITB 22.2 BID EVALUATION The currency chosen for the purpose of converting to a common currency is: Zambian Kwacha The source of exchange rate is: Bank of Zambia The date of exchange rate determination is: Fourteen (14) days before tender opening date. ITB 23.3 The formula and weighting factors for Bid Scores are: C min T S = X + Y C T max X (weight of the Evaluated Bid Price Score) = 30% Y (weight of the Technical Score) = 7 0% Page 24 of 106

26 ITB 23.3 The preferred technical features will be scored on a sliding scale from 0 to 100% of the points allocated, based on performance and features relative to other responsive bids. The preferred features are grouped into categories, and the Technical Score (T) for each bid is calculated as a weighted sum of the total points awarded to the preferred features. The formula for evaluating technical scores is typically the following: 05% Supplier Profile 10% Applications Systems Profile 50% Analysis of Functional Requirements 10% General Technical Requirements 05% Infrastructure Requirements 10% Business Support Requirements 10% Implementation Approach and Services The minimum acceptable technical score is 60% Within workbook points are to be awarded as follows 1. For each essential (E) requirement 10 if fully met by a standard module 6 if only met with a standard module modified with low levels of complexity 4 if only met with an optional module 2 if only met with a standard module modified with high levels of complexity 0 if not met at all 2. For each required (R) requirement 8 if fully met by a standard module 4 if only met with a standard module modified with low levels of complexity 2 if only met with an optional module 1 if only met with a standard module modified with high levels of complexity 0 if not met at all 3. For each nice-to-have (N) requirement 5 if fully met by a standard module 3 if only met with a standard module modified with low levels of complexity 2 if only met with an optional module 1 if only met with a standard module modified with high levels of complexity 0 if not met at all The total score is computed for each function and adjusted according to the relative weights of each function. Page 25 of 106

27 The Evaluated Bid Price (C) is calculated as the sum of the adjusted total Bid Price (P) and the Net Present Value of the adjusted Recurrent Costs (R), using the following formula: N Rx C = P + x = 1 ( 1 + I) x where P = total Bid Price, adjusted as per ITB Clauses 23.4(a) and 24.1 I = interest rate for Net Present Value from the Bid Data Sheet Rx = total Recurrent Costs for year x, including adjustments as per ITB Clause 23.4(a) N = number of years of Recurrent Costs from ITB Clause 10.2(d) x = index representing each of the N years, in turn ITB 23.4(a) (i) The applicable bid price adjustments for evaluation purposes are as follows:- Installation (on completion of acceptance testing) can be offered up to a maximum of 4 weeks beyond the schedule specified in the Schedule of Requirements. The percentage for adjustments for delayed installation is 0.5% of the bid price per week up to a maximum of 10%. (ii) The percentage adjustment for payment schedule deviations: Not Applicable ITB 23.4 (b) Interest Rate (I) for net present value calculations of recurrent costs = 30% on local costs and 5% on foreign currency costs ITB 24 ITB 26 A margin of domestic preference will not apply CONTRACT AWARD Applicable post qualification measures are: Demonstration of ability to meet the specifications contained in Section VIII; Visits to 3 operational sites; Availability of full documentation; Trial of the software on the Bank of Zambia network. Page 26 of 106

28 Section IV. General Conditions of Contract Page 27 of 106

29 Table of Clauses A. Contract and Interpretation 1. Definitions 2. Application 3. Country of Origin 4. Standards 5. Contract Amendments 6. Joint Ventures 7. Assignment 8. Resolution of Disputes 9. Governing Language 10. Applicable Law 11. Notices 12. Supplier s Bid 13. Secondary Contractual Agreements B. Confidentiality and Property Rights 14. Use of Contract Documents and Information 15. Indemnification 16. Software License Agreements C. Payments, Guarantees and Liabilities 17. Performance Security 18. Payment 19. Prices 20. Taxes and Duties 21. Delays in the Supplier s Performance 22. Liquidated Damages 23. Termination for Default 24. Termination for Insolvency 25. Termination for Convenience 26. Force Majeure 27. Limitation of Liability D. Contract Execution 28. Packing 29. Delivery and Documents 30. Insurance 31. Transportation 32. Implementation Services 33. Inspections and Acceptance Tests 34. Warranty 35. Product Support 36. Change Orders 37. Purchaser s Obligations 38. Supplier Obligations Page 28 of 106

30 General Conditions of Contract A. Contract and Interpretation 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) The Contract means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of all its contractual obligations. The extent to which the Recurrent Costs as identified in the Supplier s bid during the Maintenance Period are included in the Contract Price is specified in SCC. GCC means these General Conditions of Contract in Section IV. SCC means the Special Conditions of Contract in Section V. The Purchaser means the organisation purchasing the Information Systems, as named in SCC. The Purchaser s country is the country named in SCC. The Supplier means the firm or joint venture supplying the Information Systems under this Contract, as named in SCC. Subcontractor means any entity that is directly or indirectly subcontracted by the Supplier to deliver any Services or supply any Products, including supply of Products as a third party producer. The Information Systems, also called simply the Systems, means all of the Products to be installed, integrated and made operational, together with the Services to be delivered by the Supplier under the Contract. The Services means those services associated with the supply of the Systems, as defined in the Contract. The Products means all of the Equipment, Hardware, Software, supplies and consumable items that the Supplier is Page 29 of 106

31 required to install or provide under the Contract, plus the associated documentation. (l) Software means instructions that cause data processing systems to perform in a specific manner or execute specific operations. (m) Standard Software means system and general purpose Software. System Software includes the operating system, communications, system and network management and utility software. General purpose Software includes word processing, spreadsheet, generic database management and application development software. (n) (o) (p) (q) (r) (s) (t) Application Software means business or technical Software, either packaged or custom-developed using Standard Software, formulated to interface with the users of the data processing system. Custom Software means either Standard or Application Software developed by the Supplier at the Purchaser s expense under the Contract, including customisations made to packaged Software. Source Code means the database structures, dictionaries, definitions, program source files and any other symbolic representations necessary for the compilation, execution and subsequent maintenance of the Custom and/or Application Software. The Project Sites means the place or places named in the Schedule of Requirements for delivery and installation of the Systems. The Effective Date means the date following contract signing that the Contract enters into full force and effect with respect to the scheduled Installation dates for the Systems, as specified in the Schedule of Requirements, and upon fulfilment of any and all additional conditions specified in the SCC. The Project Manager means the duly authorised Purchaser s representative named in SCC, who shall manage and be responsible for fulfilment of the Purchaser s obligations, pursuant to GCC Clause 37, and shall oversee the Supplier s performance of the Contract. The Supplier s Representative means the duly authorised representative of the Supplier, approved by the Purchaser to Page 30 of 106

32 manage and be responsible for the Supplier s performance under the Contract in accordance with GCC Clause 38. (u) (v) The Project Plan means the document to be developed by the Supplier and approved by the Purchaser, pursuant to GCC Clause 38 and SCC Clause 16, based on the requirements of the Contract and the preliminary project plan included in the Supplier s bid. Should the Project Plan conflict with the Contract in any way, the relevant provisions of the Contract shall prevail in each and every instance. Installation means the Supplier s written notification that that the Systems (or a specific part thereof) have been installed by the Supplier in accordance with Contract requirements and the Project Plan, and are ready for Acceptance testing. (w) Acceptance means the Purchaser s written certification that, following Installation, the Systems (or a specific part thereof) have been tested and verified as complete and/or fully operational, in accordance with the Acceptance tests defined in the Contract and Project Plan. (x) (y) (a) The Warranty Period is the period specified in the GCC or SCC, following Acceptance of the Systems, during which the Supplier s Warranty obligations in respect of the Systems are in force, pursuant to GCC Clause 34. The Maintenance Period is the number of years specified in SCC for maintenance and support services for the Systems under this Contract, as measured from the expiration of the Warranty Period, and is used for evaluating the bids. The Coverage Period is the days of the week and the hours on those days during which maintenance, operational and/or technical support services must be available, as specified in SCC, and is used to enable Suppliers to identify costs. (aa) Intellectual Property Rights means any and all copyright, moral rights, trademark, patent, and other intellectual and proprietary rights, title and interests, world-wide, whether vested, contingent or future, including without limitation all economic rights and all exclusive rights to reproduce, fix, adapt, modify, translate, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit or provide access electronically, broadcast, display, enter into computer memory, or otherwise use any portion or copy, in whole or in part, in any form, directly or indirectly, or to Page 31 of 106

33 authorise or assign others to do so. (ab) Day means calendar day. (ac) Integration: merging processes, functions and data between two or more systems so the end result is a seamless and tight-knit singular system. 2. Application 2.1 These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 3. Country of Origin 3.1 All Products and Services supplied under the Contract shall have their origin in the countries and territories eligible under the IBRD Guidelines for Procurement Guidelines of the World Bank. 3.2 For purposes of this Clause, origin means the place where the Products were produced or from which the Services are supplied. Products are produced when, through manufacturing, processing, software development or substantial and major assembly or integration of components, a commercially recognised product results that is substantially different in basic characteristics or in purpose or utility from its components. The origin of Products and Services is distinct from the nationality of the Supplier. 4. Standards 4.1 The Systems supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is m entioned, to the authoritative standards appropriate to the Systems country of origin. Such standards shall be the latest issued by the relevant organisation. 5. Contract Amendments 5.1 Subject to GCC Clause 36, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 6. Joint Ventures 6.1 If the Supplier is a joint venture, all members of the joint venture shall be jointly and severally liable for the fulfilment of the Contract and shall designate one of the firms to act as the leader. The constitution of the joint venture shall not be altered without the prior written consent of the Purchaser. 7. Assignment 7.1 The Supplier shall notify the Purchaser in writing of its intent to award subcontracts not already specified in the Bid, or change subcontractors under this Contract. Such awards and changes must comply with GCC Clause 3 and shall require the Purchaser s written consent prior to execution thereof. Such notification, and the Purchaser s consent or objection thereto, shall not relieve the Supplier from any liability or obligation under the Contract. The Supplier shall not assign, in whole or in part, its obligations to Page 32 of 106

34 perform or right to receive payments under this Contract, except with the Purchaser s prior written consent. 8. Resolution of Disputes 8.1 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. 8.2 If, after thirty (30) days from the commencement of such informal negotiations, the Purchaser and the Supplier have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred fo r resolution to the formal mechanisms specified in SCC. These mechanisms may include, but are not restricted to, conciliation mediated by a third party, adjudication in an agreed national or international forum, and/or international arbitration. 9. Governing Language 10. Applicable Law 9.1 The Contract shall be written in the language specified in SCC. Subject to GCC Clause 10, the version of the Contract written in the specified language shall govern its interpretation. All correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in the same language The Contract shall be interpreted in accordance with the laws of the Purchaser s country, unless otherwise specified in SCC. 11. Notices 11.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable, telex, or facsimile and confirmed in writing to the other party s address specified in SCC A notice shall be effective when delivered or on the notice s effective date, whichever is later. 12. Supplier s Bid 12.1 The Supplier s Bid shall form part of the Contract. 13. Secondary Contractual Agreements 13.1 Any additional contractual or liability agreements may be attached to the Special Conditions of Contract by mutual, written agreement of the Purchaser and the Supplier. If there is any conflict with the GCC or SCC Clauses or the technical specifications, the GCC/SCC Clauses shall prevail in each and every instance. B. Confidentiality and Property Rights 14. Use of Contract Documents and 14.1 The Supplier shall not, without the Purchaser s prior written consent, disclose the Contract, or any provision thereof, or any specification or information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a Page 33 of 106

35 Information person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance Any document, other than the Contract itself, enumerated in GCC Clause 14.1 shall remain the property of the Purchaser and all copies thereof shall be returned to the Purchaser on termination of the Contract, if so required by the Purchaser The Supplier shall not, without the Purchaser s prior written consent, make use of any document or information enumerated in GCC Clause 14.1 except for purposes of performing the Contract The Purchaser shall not, without the Supplier s prior written consent, disclose any documents, data or other information furnished by the Supplier in connection with the Contract, and clearly identified in advance by the Supplier as being confidential, to parties not directly involved in the project(s) covered by the Contract, pursuant to GCC Clause The provisions of GCC Clause 14 shall survive termination of the Contract for a period of one year thereafter, and shall not apply to information which: (a) (b) (c) no w or hereafter enters the public domain through no fault of that party; can be proven to have been in possession of that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party hereto; or Otherwise lawfully becomes available to that party from a third party under no obligation of confidentiality. 15. Indemnification 15.1 The Supplier shall, at its own expense, defend and indemnify the Purchaser against all third -party claims of infringement of Intellectual Property Rights, including patent, trademark, copyright, trade secret or industrial design rights arising from use of the Products or any part thereof in the Purchaser s country The Supplier shall expeditiously extinguish any such claims and shall have full rights to defend itself therefrom. If the Purchaser is required to pay compensation to a third party resulting from such infringement, the Supplier shall be fully responsible therefore, including all expenses and court and legal fees The Purchaser will give notice to the Supplier of any such claim without delay, shall provide reasonable assistance to the Supplier in Page 34 of 106

36 disposing of the claim, and shall at no time admit to any liability for or express any intent to settle the claim Indemnities shall not apply if any claim of infringement or misappropriation: (a) (b) (c) is asserted by a parent, subsidiary or affiliate of the Purchaser s organisation; is a direct result of a design mandated by the Purchaser s Technical Specifications and the possibility of such infringement was duly noted in the Supplier s Bid; or Results from the Purchaser s alteration of the Products The Purchaser shall indemnify and defend the Supplier against all third-party claims of infringement of Intellectual Property Rights, including patent, trademark, copyright, trade secret or industrial design rights arising from the use of any information or Software provided to the Supplier by the Purchaser under the Contract. 16. Software License Agreements 16.1 The Supplier hereby grants to Purchaser a fully paid -up, irrevocable, non-exclusive license throughout the territory of the Purchaser s Country to access and use the Standard and Application Software, including all inventions, designs and marks embodied therein, which Software may be: (a) (b) (c) (d) (e) (f) used or copied for use on or with the primary computer for which it was acquired, plus a backup computer if the primary is inoperative; reproduced for safekeeping or backup purposes; customised, adapted, or combined with other computer software, provided that derivative software incorporating any of the delivered, restricted computer software shall be subject to same restrictions set forth herein; disclosed to and reproduced for use by support service suppliers or their subcontractors, subject to the same restrictions set forth in this Contract; Used or copied for use on or transferred to a replacement computer. subject to audit by the Supplier to verify compliance with these License Agreements The copyright in all documents, Standard Software and other Page 35 of 106

37 materials containing data and information furnished to the Purchaser by the Supplier shall remain vested in the Supplier or, if they are furnished to the Purchaser by any third party including subcontractors and original producers of Products furnished by the Supplier under the Contract, the copyright in such materials shall remain vested in such third party The Purchaser agrees to restrict use, copying or duplication Software and related documentation in accordance with GCC Clauses 16.1 and 16.2 and SCC, except that additional copies of documentation may be made by the Purchaser for use within the scope of the project for which this Contract was issued, in the event that the Supplier is unable to deliver copies within 30 days from receipt of an order The Purchaser s contractual rights to use the Software may not be assigned, licensed, or otherwise transferred voluntarily without the Supplier s prior written consent, except as otherwise provided for in SCC Clause 9. C. Payments, Guarantees and Liabilities 17. Performance Security 17.1 Within thirty (30) days of receipt of the notification of Contract award, the successful Bidder shall furnish to the Purchaser the performance security in the amount specified in SCC The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier s failure to complete its obligations under the Contract. The Purchaser shall notify the Supplier in writing of its invocation of its right to receive such compensation within 7 days, indicating the contractual obligation(s) for which the Supplier is in default The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Purchaser and shall be in one of the following forms: (a) (b) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the Purchaser s country or abroad, acceptable to the Purchaser, in the form provided in the Bidding Documents or another form acceptable to the Purchaser; or a certified cheque The performance security will be discharged by the Purchaser and returned to the Supplier not later than thirty (30) days following the date of written acceptance of all the Supplier s performance Page 36 of 106

38 obligations under the Contract, as specified in SCC GCC Clause 17 shall not be invoked if the contractual default condition has been referred for dispute resolution under the provisions of GCC Clause Payment 18.1 The method and conditions of payment to be made to the Supplier under this Contract shall be specified in SCC The Supplier s request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice describing, as appropriate, the Systems delivered, installed and accepted, and by documents submitted pursuant to GCC Clause 29, and upon fulfilment of other obligations stipulated in the Contract Payments shall be made promptly by the Purchaser, but in no case later than sixty (60) days after submission of a valid invoice or claim by the Supplier The currency or currencies in which payment is made to the Supplier under this Contract shall be specified in SCC, subject to the principle that payment for imported Products will be made in the currency or currencies in which the payment has been requested in the Supplier s bid Payment of the foreign currency portion of the Contract Price for imported Products and Services shall be made to the Supplier through an irrevocable letter of credit opened by an authorised bank in the Supplier s country, and will be payable on presentation to it of the appropriate documents. It is agreed that the letter of credit will be subject to Article 10 of the last revision of Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce, Paris. 19. Prices 19.1 Prices charged by the Supplier for Systems installed and Services performed under the Contract shall not be increased from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorised in GCC Clause 36, SCC or in the Purchaser s request for bid validity extension. 20. Taxes and Duties 20.1 A foreign Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the Purchaser s country A local Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the Products and Services to the Purchaser Furthermore, both foreign and local Suppliers are responsible for Page 37 of 106

39 any taxes levied in connection with performances of Services described in the SCC. If any rate of tax is increased or decreased fourteen (14) days prior to the deadline for submission of bids, the same shall be compensated to, or deducted from, payments due to the Supplier as the case maybe. 21. Delays in the Supplier s Performance 21.1 Delivery and Installation of the Systems and Services shall be made by the Supplier in accordance with the time schedule prescribed by the Purchaser in the Schedule of Requirements If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery or installation of the Systems or performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). 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, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of the Contract Except as provided under GCC Clause 26, a delay by the Supplier in the performance of its delivery or installation obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clauses 21.2 or 36 without the application of liquidated damages. 22. Liquidated Damages 22.1 Subject to GCC Clause 26, if the Supplier fails to deliver or install any or all of the Systems or if any of the Systems fail to gain Acceptance within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Performance Security, as liquidated damages, a sum equivalent to the percentage of the Contract price specified in SCC for each week or part thereof of delay until successful acceptance, up to a maximum deduction of the percentage specified in SCC, subject to the provisions of Clause Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause If delivered or installed Products and/or Services cannot be put to use without the uninstalled Products or undelivered Services, the damages will be calculated using the total price of the Systems that cannot be put to use. 23. Termination for Default 23.1 The Purchaser, without prejudice to any other remedy for breach of Contract, by thirty (30) days advance written notice of default sent to the Supplier, may terminate this Contract in whole or in part: Page 38 of 106

40 (a) (b) if the Supplier fails to deliver any or all of Products or to install any or all of the Systems within the period(s) specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 21; or if the Supplier fails to perform any other significant obligation(s) under the Contract In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 23.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Products similar to those uninstalled or Services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for those similar Products or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 24. Termination for Insolvency 25. Termination for Convenience 24.1 The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser The Purchaser may, by 60 day advance written notice sent to the Supplier, 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 The Products that are complete and ready for shipment within thirty (30) days after the Supplier s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining terminated Products and Services, the Purchaser may elect: (a) (b) to have any portion completed and delivered under mutually agreed terms and prices; and/or to cancel the remainder and pay the Supplier an agreed amount for Products and Services partially completed or already procured The Purchaser shall not unreasonably terminate the Contract in part if such termination would result in the Supplier being unable to complete the remaining contractual obligations. The Purchaser shall also not terminate the Contract in part if the non-performance is due to the inability of the Purchaser to fulfil its contractual Page 39 of 106

41 obligations. 26. Force Majeure 26.1 Notwithstanding the provisions of GCC Clauses 21, 22 and 23, 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 For purposes of this clause, Force Majeure means an event beyond the control of the Supplier and not involving the Supplier s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes 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 If the Supplier has made all reasonable efforts to obtain the required export permit(s), including the exercise of due diligence in determining the eligibility of the Systems for receipt of the necessary export permits, but has failed, this shall be considered a Force Majeure situation If an event of Force Majeure, other than as covered under GCC Clause 26.4, continues for a period of one hundred and eighty (180) days or more, the parties may, by mutual agreement, terminate the Contract without either party incurring any further liabilities towards the other with respect to the Contract, other than to effect payment for Products already delivered or Services already performed. 27. Limitation of Liability 27.1 Except in cases of criminal negligence or wilful misconduct: (a) the Supplier shall not be liable to the Purchaser, whether in the Contract or otherwise, for any indirect or consequential loss or damage, provided 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 under the Contract shall not exceed the total Contract Price, provided that this limitation shall not apply to any obligation Page 40 of 106

42 of the Supplier to indemnify the Purchaser with respect to patent infringement. D. Contract Execution 28. Packing 28.1 The Supplier shall provide such packing of the Products as is required to prevent their damage or deterioration during shipment. The Supplier shall promptly repair or replace any Products that are damaged in transit due to inadequate packing or related causes, where such damage is not otherwise fully covered by insurance. The packing, marking, and documentation within and outside the packages shall also comply strictly with the requirements therefore in SCC. 29. Delivery and Documents 29.1 Delivery, Installation and Acceptance of the Systems shall be made by the Supplier in accordance with the schedule and at the Project Sites specified in the Schedule of Requirements, which forms an integral part of the Contract For purposes of the Contract, EXW, CIP and other trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of Incoterms, published by the International Chamber of Commerce, Paris Early or partial deliveries require the explicit written consent of the Purchaser, which consent shall not be unreasonably withheld For Products supplied from abroad (CIP Terms): Upon shipment, the Supplier shall notify the Purchaser and the Insurance Company by cable with the full details of the shipment, etc. T he Supplier shall promptly send the following documents to the Purchaser by mail or courier, as appropriate, with a copy to the Insurance Company: (a) (b) (c) (d) two copies of the Supplier s invoice showing the Products description, quantity, unit price, and total amount; usual transportation documents; insurance certificate for CIP only; and certificate(s) of origin For Products from within the Purchaser s country (EXW Terms): Upon shipment, the Supplier shall notify the Purchaser and shall promptly send the following documents to the Purchaser by mail or courier, as appropriate: Page 41 of 106

43 (a) (b) (c) two copies of the Supplier s invoice showing the Products description, quantity, unit price, and total amount; delivery note, railway receipt, or truck receipt; and certificate(s) of origin The documents listed in GCC Clauses 29.4 or 29.5, as appropriate, shall be received by the Purchaser at least one week before arrival of the Products at the point of entry or delivery destination, as appropriate, and, if not received on time, the Supplier will be responsible for any consequent expenses. 30. Insurance 30.1 The Products supplied under the Contract shall be fully insured to 110% of their CIP or EXW value from shipment until receipt at their final destination on an all risks basis, in a freely convertible currency, against loss or damage incidental to production or acquisition, transportation, storage, and delivery. The Supplier shall arrange and pay or otherwise provide for this insurance, which shall name the Purchaser as beneficiary. Furthermore, if specified in the SCC, the Supplier shall also be responsible for insurance coverage till successful Acceptance of the Products. 31. Transportation 31.1 Transportation of the Products, including insurance and storage, to the point of entry or the named place of destination in the Purchaser s country, as specified in the Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price Transportation of Products from the delivery destination to the place(s) of final installation, if different, shall be the responsibility of the Purchaser unless otherwise specified in the SCC. 32. Implementation Services 32.1 The Supplier shall provide all Services specified in SCC and the Technical Specifications in accordance with the highest standards of professional competence and integrity. The Purchaser reserves the right to require the replacement of any Supplier staff assigned to work on the Purchaser s site by suitably qualified staff, in the event that the staff concerned is determined to be incompetent or loses the confidence of the Purchaser Prices charged by the Supplier for Services, if not included in the Contract, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged by the Supplier to other purchasers in the Purchaser s country for similar services. 33. Inspections and Acceptance 33.1 The Purchaser or its representative shall have the right to inspect and/or test the Systems to confirm their conformity to the Contract specifications at point of delivery and/or at the final Page 42 of 106

44 Tests place(s) of Installation at no extra cost to the Purchaser Should any inspected or tested Systems fail to conform to the Contract specifications or to pass the Acceptance tests as defined jointly in the Project Plan, the Purchaser may reject the Systems, and the Supplier shall either replace the rejected Systems or make alterations as necessary to meet the specifications free of cost to the Purchaser Acceptance of the Systems (or part thereof) shall be made at the Installation sites specified in the Schedule of Requirements. At the Purchaser s discretion, Acceptance tests will also be performed on replacement products, upgrades and new version releases, and products which are added or field -modified after Acceptance of the Systems The Purchaser will develop and execute Acceptance test programs, procedures and data, with all necessary and proper co-operation from the Supplier, pursuant to GCC Clause 38. The Purchaser shall provide the necessary input to the development of the Acceptance testing portion of the Project Plan, pursuant to GCC Clauses 37 and 38, within the number of days from the Effective Date of the Contract specified in SCC. Acceptance tests and success criteria will be defined to substantiate the standard of performance stipulated in the Supplier s bid Acceptance testing of Systems shall commence within 30 days from the date of Installation. Production use of Systems shall not commence prior to the start of formal Acceptance testing. Production use of a System for 60 consecutive days shall constitute Acceptance, and shall be so documented by the Supplier. The Purchaser shall certify its Acceptance of the System within 14 days thereafter Nothing in GCC Clause 33 shall in any way release the Supplier from any warranty or other obligations under this Contract or limit the Purchaser s ability to seek other remedies as specified in the Contract. 34. Warranty 34.1 The Supplier warrants that the Systems supplied under the Contract are new, unused, of the latest appropriate design, and that they incorporate all recent improvements in design and materials. The Supplier also warrants that all Products form part of the producers current product lines, have been previously released to the market, and all non-custom software products have been in production use for at least three months. The Supplier further warrants, for the duration of the twelve month (12) Warranty Period commencing from the date of acceptance of each product, that all Systems Page 43 of 106

45 supplied under this Contract shall have no defect arising from design or workmanship (except when the design is defined by the Purchaser s specifications and the defect was duly noted in the Supplier s bid) or from any act or omission of the Supplier, that may develop under normal use of the supplied Systems in the conditions prevailing in the Purchaser s country. Normal operating environmental conditions are specified in the Contract. This warranty excludes defects attributable to external factors beyond the Supplier s control, including power supply fluctuations, or the Purchaser s alterations, misuse or negligence in proper maintenance of the Systems The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall, within the warranty period and with all reasonable speed, repair or replace the defective Systems, without costs to the Purchaser other than, where applicable, the cost of inland delivery of the repaired or replaced Systems from EXW or the CIP point of entry to the Installation site. Replacement equipment shall be covered under warranty for a three month period, or the time remaining in the Warranty Period for the item replaced, whichever is greater. The Warranty Period for replacement Software shall be identical to the initial warranty period for the defective Software unless otherwise specified in the SCC. The replaced Products shall be the property of the Supplier If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the Purchaser may proceed to take such reasonable 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 During the Warranty Period, the Supplier will provide at no additional cost to the Purchaser all Product and documentation updates and new software version releases within 30 days of their availability in the Purchaser s country, and no later than 12 months after they are released in the country of origin of the Product The Supplier hereby represents and warrants that the Software as delivered does not and will not infringe any Intellectual Property Rights held by any third party and that it has all necessary rights, or at its sole expense shall have secured in writing all transfers of rights and other consents necessary to make the assignments, licenses and other transfers of Intellectual Property Rights and the warranties set forth in the Contract, and for the Purchaser exclusively to own or exercise all Intellectua l Property Rights as provided in the Contract. Without limitation, the Supplier shall secure all necessary written agreements, consents and transfers of Page 44 of 106

46 rights from its employees and other persons or entities whose services are used for development of the Software Without prejudice to the warranties given for individual Products or Services, the Supplier hereby warrants to the Purchaser that: (a) (b) (c) (d) the Systems represent a complete, integrated solution to the Purchaser s requirements as set forth in the Technical Specifications and will provide the functionality and performance set forth therein. The Supplier shall accept responsibility for the successful interoperation and integration in accordance with the requirements of the Technical Specifications, of all Products provided under the Contract; The Systems specifications, capabilities and performance characteristics are as stated in the Supplier s Bid and Product documentation; All modifications to the Products will be at a minimum uniform with those given to other users in the Purchaser s country, except for those designed specifically to fulfil the Purchaser s requirements. The Supplier will offer all possible assistance to the Purchaser to seek warranty services or remedial action from subcontracted third party producers or licensers of Products included in the Systems. The Supplier will make all reasonable and necessary efforts to correct defects in the Systems that constitute significant deviations from the Technical Specificatio ns and/or Supplier performance claims. 35. Product Support 35.1 For Products still to be delivered, the Supplier will offer to the Purchaser newer versions based on latest appropriate technology and having equal or better performance or functionality at the same or lesser unit prices, cost reductions, support and facilities which are offered to other clients of the Supplier in the Purchaser s country, pursuant to GCC Clause The Supplier shall provide new software version releases and documentation within 30 days of their availability in the Purchaser s country, and no later than 12 months after they are released in the country of origin of the Product, and technical support Services if so specified in SCC. In no case will the prices or yearly percentage price increases for these Products and Services exceed those quoted by the Supplier in the Recurrent Costs Form in its bid The Purchaser shall implement software updates and new version releases within 18 months of receipt of a production-ready copy thereof, provided that the new release does not adversely affect Page 45 of 106

47 Systems operation or performance, or require extensive reworking of the Systems. In cases where the new version release adversely affects the Systems performance, the period for implementation of the new version shall be suitably extended and the Supplier shall continue to support and maintain the version currently in production for as long as necessary to properly implement the new version. In no case shall the Supplier cease to support or maintain a version of software less than 24 months from the date the Purchaser receives a production-ready copy of a subsequent version. 36. Change Orders 36.1 The Purchaser may at any time, by a written order given to the Supplier pursuant to GCC Clause 11, make changes within the general scope of the Contract in any one or more of the following: (a) (b) (c) (d) (e) Designs or specifications for Services or for Systems that are to be integrated, developed or customised specifically for the Purchaser; the method of shipment and/or schedule for and/or place of delivery; the schedule for Installation or Acceptance; the Services to be provided by the Supplier; and/or the substitution of new Products and Services from the Supplier. When such substitution is requested by the Supplier, the Purchaser shall notify the Supplier in writing within 30 days of its decision to accept or reject the proposed Change Order 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 delivery 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. If the parties cannot agree on an equitable adjustment, the Change Order will not be implemented; however this provision does not limit the rights of either party under GCC Clause The parties will agree during development of the Project Plan to a time period prior to the scheduled date for Acceptance, after which all specifications shall be frozen. Any Change Order generated after this time will be dealt with after Acceptance. Page 46 of 106

48 37. Purchaser s Obligations 37.1 The Purchaser will appoint a Project Manager (and a deputy as the case maybe) responsible for managing the project, with the authority to accept or reject all deliverables and to be the primary contact for the Supplier s Representative. The Project Manager will officially record all delays and problems, and forward them to the Supplier within two weeks of discovery of such problems The Purchaser shall be responsible for timely provision of all resources, facilities, equipment access, and information necessary for the completion of project implementation, as identified in the agreed and finalised Project Plan, except where provision thereof is explicitly identified in the Contract as being the responsibility of the Supplier. Delay by the Purchaser may result in an appropriate extension of the project Installation and/or Acceptance schedules, at the Supplier s discretion The Purchaser will designate appropriate staff for the training courses to be given by the Supplier, and shall make all appropriate logistical arrangements therefore in accordance with the Project Plan The Purchaser is responsible for performing and safely storing timely and regular backups of its data and Software in accordance with accepted data management principles, except where such responsibility is clearly assigned to the Supplier elsewhere in the Contract. 38. Supplier Obligations 38.1 The Supplier will abide by the job safety, insurance, customs and immigration measures prevalent and laws in force in the Purchaser s country, and will indemnify the Purchaser from all demands or responsibilities arising from accidents or loss of life, the cause of which is the Supplier s negligence. The Supplier will pay all indemnities arising from such incidents and will not hold the Purchaser responsible or obligated The Supplier is responsible for, and obligated to conduct all contracted activities with due care and diligence, in accordance with the Contract and using state-of-the-art methods and economic principles, and exercising all reasonable means to achieve the performance specified in the Contract The Supplier is obliged to work closely with the Purchaser s Project Manager and staff, act within its own authority, and abide by directives issued by the Purchaser that are consistent with the terms of the Contract. The Supplier is responsible for managing the activities of its personnel and any sub-contracted personnel, and will hold itself responsible for any misdemeanours. Page 47 of 106

49 38.4 The Supplier shall appoint an experienced Representative to manage its performance of the Contract within 30 days from Contract signature. The Representative shall be authorised to accept orders and notices on behalf of the Supplier, and to generate notices and commit the Supplier to specific courses of action within the scope of the Contract. The Representative may be replaced only with the prior written consent of the Purchaser The Supplier shall develop the final Project Plan based on Contract requirements, to be submitted to the Purchaser for review and approval within the number of days specified in SCC from the Effective Date of the Contract, with all reasonable and necessary input from the Purchaser pursuant to GCC Clause The Supplier shall complete Delivery, Installation and Acceptance of the Systems in accordance with Contract requirements (as may be further elaborated in SCC and the Project Plan), or such sched ule and specification changes as the Supplier may be entitled to, pursuant to GCC Clause 36. Page 48 of 106

50 Section V. Special Conditions of Contract Page 49 of 106

51 Table of Clauses A. Common Conditions 1. Definitions (GCC Clause 1) 2. Resolution of Disputes (GCC Clause 8) 3. Governing Language (GCC Clause 9) 4. Notices (GCC Clause 11) 5. Performance Security (GCC Clause 17) 6. Payment (GCC Clause 18) 7. Liquidated Damages (GCC Clause 22) 8. Delivery and Documents (GCC Clause 29) B. Specific Conditions 9. Ownership Rights for Custom Software and Documentation (GCC Clause 16) 10. Implementation Services (GCC Clauses 32 and 35) 11. Acceptance Tests (GCC Clause 33) 12. Warranty (GCC Clause 34) 13. Hardware Maintenance and Support (GCC Clause 35) 14. Change Orders for Software (GCC Clause 36) 15. Purchaser s Obligations (GCC Clause 37) 16. Supplier Obligations (GCC Clause 38) 17. Employees Page 50 of 106

52 Special Conditions of Contract The following Special Conditions of Contract shall supplement or amend the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract. The corresponding GCC clause number is indicated in parentheses. 1. Definitions (GCC Clause 1) GCC 1.1(b) Contract Price. The Products and Services identified in the Recurrent Costs Form in the Supplier s bid are included in the Contract Price in their entirety. GCC 1.1(e) The Purchaser is: Bank of Zambia. GCC 1.1(f ) The Purchaser s country is: Zambia GCC 1.1(g ) The Supplier is: [name] In the case of a bid submitted by a joint venture of two or more firms as Partners, the Supplier is the Partner assuming overall responsibility for the Contract and designated the Partner in Charge. Partners are all parties to the joint venture agreement(s) with the Supplier, whereby the parties thereto are jointly and severally liable for performance of the Contract, and the duly authorised Partner in Charge may bind, incur liabilities and receive instructions for and on behalf of all Partners. Changes in partnership agreement(s) must comply with GCC Clause 3 and shall require the Purchaser s written consent prior to execution thereof. Such notification, and the Purchaser s consent or objection thereto, shall not relieve the Supplier from any liability or obligation under the Contract. The Partners are: 1) 2) 3) GCC 1.1(s) The Purchaser s Project Manager is: Assistant Director ICT Planning and Control. GCC 1.1(x ) The Warranty Period is 12 months from the date of Acceptance of the Systems. Not Applicable GCC 1.1(y) The Maintenance Period is: 3 years following the expiration of the Systems Acceptance. GCC 1.1(a) The Coverage Period is: Monday to Friday from hours and hors. Page 51 of 106

53 2. Resolution of Disputes (GCC Clause 8) GCC 8.3 The dispute resolution mechanism to be applied pursuant to GCC Clause 8.2 shall be as follows: 2.1 In the case of a dispute between the Purchaser and the Supplier, the dispute shall be settled by arbitration in accordance with the provisions of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The place of arbitration shall be LUSAKA, ZAMBIA 2.2 In the case of a dispute between the Purchaser and the Supplier which is from within the Purchaser s country, the dispute shall be referred to adjudication or arbitration in accordance with the laws of the Purchaser s country. 3. Governing Language (GCC Clause 9) GCC 9.1 The Governing Language for all communications and technical documentation shall be: English 4. Notices (GCC Clause 11) GCC 11.1 Purchaser s address for notice purposes: Bank of Zambia Bank Square, Cairo Road, P.O. Box 30080, Lusaka 10101, Zambia. Supplier s address for notice purposes: [address]. 5. Performance Security (GCC Clause 17) GCC 17.1 The initial amount of performance security shall be as follows: 10% percent of the total Bid Price, excluding Recurrent Costs. After Acceptance of the Information Systems in their entirety, the Performance Security shall be reduced to 6% percent of the Bid Price for the duration of the Warranty Period, to cover the Supplier s warranty obligations pursuant to GCC Clause 34. GCC 17.4 The Performance Security shall be further reduced to 10% percent of the total Recurrent Costs (as indicated in the Recurrent Costs Form and including the maximum annual percentage price increases quoted thereon), after successful Acceptance. The Performance Security shall be discharged in full and the associated document returned to the Supplier upon completion of all contractual obligations for the Maintenance Period or, in the event of the Purchaser s termination of the entire Contract for its convenience, within 60 days of the effective date of such termination. Notes on Performance Security for Information Systems Procurements The amount of performance security may be varied by type of procurement, and there Page 52 of 106

54 may be a reduction after expiration of the Warranty Period. A further reduction may be applied after all systems have been accepted. Project Phase During installation and acceptance During the warranty period During the maintenance period (when included in the Contract) Amount Basis Turnkey Installation (two stage only) Intermediate Complexity Primarily Hardware Bid Price 10% 8% 6% Bid Price 6% 5% 3% Recurrent Costs 10% 8% 6% 6. Payment (GCC Clause 18) 6.1 Locally supplied Products and Services shall be paid in: Zambian Kwacha 6.2 The payment schedule to be observed in paying the Supplier for the Information Systems, except for Recurrent Costs during the Maintenance Period, is as follows. Payment will be made within 30 days of submission of valid claims and/or invoices. (i) (ii) Advance Payment. 10% of the Contract Price, exclusive of all Recurrent Costs, shall be paid within thirty (30) days of the Effective Date of the Contract, on submission of claim together with evidence of export authorisation and a bank guarantee for the equivalent amount valid until the Systems are delivered, installed and accepted. Products, except for Application Software. If multiple sites or systems are being installed or accepted, then payments will be made on a pro - rata basis. 70% of the Contract Price therefore against installation of the System. 10% of the Contract Price therefore against Acceptance of the Product(s). (iii) Application Software (per module, function or package). 50% of the Contract Price therefore, after installation; 30% of the Contract Price therefore, after Acceptance of the Software. (iv) Services, except for Recurrent Services during the Maintenance Period. 80% of the Contract Price therefore paid monthly in arrears, on submission and Purchaser s approval of invoices. Page 53 of 106

55 (v) Training. 30% at commencement of the full program. 50% paid monthly in arrears, on submission and approval of appropriate invoices. Payment to be made within 30 days of the approval of invoices. (vi) Complete Systems Integration. 10% of the Contract Price, exclusive of all Recurrent Costs, as final payment against Acceptance of the Information Systems as a complete, integrated system and/or network. 6.3 The payment schedule to be observed in paying the Supplier for Recurrent Costs during the Maintenance Period, is as follows. Payment will be made within 30 days of submission of valid claims and /or invoices. (i) (ii) Products and Spare Parts. 80% of the Recurrent Costs therefore against shipping documents, in accordance with GCC Clause % of the Recurrent Costs therefore against Acceptance of the products. Services. 100% paid monthly in arrears, on submission and Purchaser s approval of invoices. 7. Liquidated Damages (GCC Clause 22) GCC 22.1 Applicable rate: 0.5%. Maximum deduction: 10% 8. Delivery and Documents (GCC Clause 29) None B. Specific Conditions 9. Ownership Rights for Custom Software and Documentation (GCC Clause 16) 9.1 The Supplier hereby assigns and transfers to the Purchaser all Intellectual Property Rights in the Custom Software, including all writings, designs, algorithms and programming documentation made, conceived, reduced to practice authorised by the Supplier or its employees during performance of the Contract, or with information, materials or facilities furnished by the Purchaser. In the event that, by the operation of law, the Supplier is deemed to have retained rights in any portion of the Custom Software, the Supplier grants to the Purchaser an irrevocable world-wide license thereto. 9.2 The Supplier shall have the right to prepare derivative works based on the Custom Software or other such custom-developed materials, and to market, sublicense and distribute copies of such derivative works. 9.3 The Supplier shall relinquish to the Purchaser the Custom Software Source Code within 15 days from the date of Acceptance of the Systems under consideration. The Supplier represents and warrants to Purchaser that: Page 54 of 106

56 (a) (b) the Source Code supplied to the Purchaser shall at all times be a complete, accurate, and up-to -date copy corresponding exactly to the current production release of the Software; and the Source Code shall contain all information in human readable form necessary to enable a reasonably skilled programmer or analyst to maintain and/or enhance the Software, and without prejudice to the generality of the foregoing, that the Source Code and related documentation shall contain all listings of programmers comments, data and process models, logic manuals, and flowcharts. 9.4 Upon receipt of the Source Code the Purchaser shall: (a) (b) (c) (d) use the Source Code solely for the purposes of maintaining and /or enhancing the Programs; limit access to the Source Code to those of its employees, agents, contractors, or sub-contractors who either have a need to know or who are directly engaged in the maintenance and/or enhancement of the programs; not assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Source Code nor use the same on behalf of or the benefit of any other party, unless such is within the overall scope of the project; and without prejudice to the generality of the foregoing, shall take all such other steps as shall from time to time be necessary to protect the confidential information and intellectual property rights of the Supplier in the Source Code and to ensure the compliance with the provisions of GCC Clause 16 by its employees, agents, contractors and subcontractors. 10. Implementation Services (GCC Clauses 32 and 35) 10.1 The Supplier shall provide Services for Installation, project planning and implementation, training and Acceptance testing as required by the Contract for the prices quoted in its bid and included in the Contract Price, as follows: (a) Performance of on-site Installation of the supplied Systems at all places of final installation specified in the Schedule of Requirements. The Sup plier is responsible for all unpacking, assembling, wiring, installation, cabling between equipment units and components, and connections to power supplies. The Supplier will test all System s operations and perform all necessary set-up, configuration and customisation for successful operation of the Systems at all Installation sites, in accordance with Contract requirements; Page 55 of 106

57 (b) (c) (d) (e) For each of the Systems installed, the Supplier is required to train the designated Purchaser s technical and end -user staff to enable them to effectively manage and use the Systems, as specified in the Technical Specifications. The training and accompanying materials shall be provided in the language specified in SCC Clause 3 or the Technical Specifications. The Supplier shall provide a detailed operations and user s manual for each appropriate unit of the supplied Systems; On-site technical support and service obligations during the Coverage Period for Acceptance test support and for 6 months from the date of System Acceptance at the Purchaser s Installation site(s), and as required by the Technical Specifications; On-site operational support for turnkey System implementation and/or network management and operation obligations, during the Coverage Period for [number of months for operational support] months from the date of System Acceptance at the Purchaser s site(s), as specified in the Technical Specifications; and Other service obligations as required by the Contract, including: Acceptance testing obligations pursuant to GCC Clause 33 and SCC Clause 11, Project Planning obligations pursuant to GCC Clause 38 and SCC Clause 16, and as specified in the Technical Specifications The Supplier will provide the following for Custom and Application Software: (a) (b) (c) (d) Details of functional and design specifications for Custom Software for the Purchaser s review and approval, within the time periods allocated therefore in the Project Plan. Such specifications shall define the standards of performance and functionality of the Custom Software to be measured during Acceptance testing. Installation, training and assistance to Purchaser s staff in the Acceptance testing of Custom and Application Software for a minimum period of one month for each automated business function (module) or software package. Technical and user documentation to enable the Purchaser to use and administer the software and databases, and, if it so elects, to develop additional reports using the existing databases. If so specified in the Technical Specifications, error free conversion services for existing automated records, consistent with the quality of the original data, and within the specified time frame Software Support Page 56 of 106

58 The Supplier shall provide technical support Services for all Standard and Application Software for the Maintenance Period. As may be further elaborated in the Technical Specifications, maintenance and support services for all Standard and Application Software shall include the following: (a) commencement of on-line diagnostics and debugging support within 2 hours of Purchaser notification and completion of corrective action within 8 hours of such notification; (b) telephone hot-line support in English for the Coverage Period with a 4 hour maximum respons e time; and (c) emergency per-call, on-site service available within 2 days from receipt the Purchaser s request. 11. Acceptance Tests (GCC Clause 33) GCC 0.4 The Purchaser will provide the necessary input to the Supplier for development of the Acceptance testing portion of the Project Plan within 30 days from the Effective Date of the Contract The Purchaser, with full co-operation and assistance from the Supplier, shall conduct formal Acceptance tests on the installed Systems to verify their conformance with the Contract requirements. The Acceptance tests defined in the Technical Specifications and/or the agreed and final Project Plan shall establish a standard of performance which must be met before the Systems are Accepted by the Purchaser. Written certification of Acceptance shall be issued by the Purchaser only after successful completion of the Acceptance tests, and the Purchaser shall not make payment for the Systems until after Acceptance. Acceptance testing shall be subject to the following provisions: (a) (b) (c) The Project Plan shall group appropriate components of the Systems together for the purposes of Acceptance testing, and shall schedule them for Installation at the same time. Acceptance testing for a System shall end when the System has met the standard(s) of performance defined in the Technical Specifications and/or the Project Plan for a period of 30 consecutive days. Within two weeks from the end of the initial Acceptance test, the Purchaser s Project Manager shall either certify Acceptance of the System under test, thereby formally commencing its Warranty Period, or provide a written description of the deficiencies that must be rectified before the System can be accepted. Failure to provide such documentation will, by default, constitute Acceptance and shall be so documented by the Supplier. Page 57 of 106

59 (d) (e) (f) If the System fails to meet the standard(s) of performance after 15 days from the start of Acceptance testing, the Purchaser may, at its option, request a replacement or correction of deficiencies, or terminate the Contract for Default and/or return the System for appropriate credits. Unsatisfactory performance, interconnectivity or integration between software packages, computer systems and/or with workstations may result in the Purchaser s rejection of part or all of the System under Acceptance testing. The duration of Acceptance testing shall not exceed three (3) months from the date of commencement or the date when all corrections are made by the Supplier, whichever is later Tests of Custom and Application Software may be conducted on the premises of the Supplier or its Partner(s) or Subcontractor(s), in which case all reasonable facilities, documentation, information and assistance shall be furnished to the Purchaser for up to one week at no additional charge Custom developed or customised Application Software will be subjected to a full and comprehensive Acceptance test for each business or technical function to be automated (module). The Supplier is required to give at least 30 days written notification to the Purchase prior to the commencement of the test for the module under consideration, to enable the Purchaser to schedule the required resources. Any discovered bugs or problems will be corrected expeditiously by the Supplier, and no later than one month after formal notification of the problem. 12. Warranty (GCC Clause 34) GCC 0.2 The period for correction of defects is: 12 months 12.1 The Supplier warrants that there is no intention of discontinuing production of the Products to be supplied under the Contract within 36 months following Contract signature. In the event that the Supplier intends to discontinue production of any Product after this period, the Supplier shall notify the Purchaser 90 days in advance of such discontinuance to permit the Purchaser, at its option, to procure the necessary quantities of the Product, or require that the Supplier propose the contractual substitution of a newer, compatible and functionally equivalent Product, in accordance with the provisions of GCC Clause Nothing in SCC Clause 12.1 shall in any way release the Supplier from any warranty, maintenance or support obligations under this Contract or limit the Purchaser s ability to seek other remedies as specified in the Contract Without limitation, the Supplier warrants that it shall secure all necessary written agreements, consents and transfers of rights from its Page 58 of 106

60 employees and other persons or entities whose services are used for the development of Custom Software, including a written agreement with employees that all Custom Software created under the Contract fall within the scope of their employment duties, and that all Intellectual Property Rights in such Custom Software are fully transferable to the Purchaser. 13. Hardware Maintenance and Support (GCC Clause 35) The Supplier shall provide hardware maintenance Services for all equipment supplied under the Contract, and which shall be the subject of a separate contract. 14. Change Orders for Software (GCC Clause 36) 14.1 The Supplier agrees to design and program additional reports and features to Custom or Application Software packages at a price and schedule to be agreed with the Purchaser by means of a Change Order. The rates for Supplier technical staff responsible for the additional effort shall be computed at market rates prevalent in the Purchaser s country 14.2 Change Orders for Custom or Application Software enhancements requested by the Purchaser during Acceptance testing in excess of the Requirements of the Bidding Documents, will not delay or be added into the Acceptance test process unless both parties agree in writing to a revised schedule, price and/or Project Plan by means of a Change Order. 15. Purchaser s Obligations (GCC Clause 37) 15.1 The Purchaser s Project Manager is: Assistant Director Information and Communications Technology Planning & Control 15.2 The Purchaser shall be solely responsible for the preparation and maintenance of the equipment sites in compliance with the environmental specifications defined by the Supplier. The Project Manager will designate final installation sites at least 30 days before the scheduled Installation date, to allow the Supplier to perform a site inspection to verify the adequacy of site preparation before Installation of the equipment. 16. Supplier Obligations (GCC Clause 38) 16.1 The Supplier shall develop a final Project Plan within 15 days from the Effective Date of the Contract. The Project Plan shall include the following: (a) (b) definition of project implementation tasks, and identification of all major Installation, Acceptance and Service deliverables and milestones; a detailed, fully integrated project schedule covering Installation, Acceptance, Training and delivery of other Services, and including a Page 59 of 106

61 graphical representation of task duration and interdependencies (e.g., a GANTT or PERT chart); (c) (d) (e) (f) (g) (h) organisation of Supplier and Purchaser project implementation and operational support teams, including identification of specific staff resources, timings and their estimated workloads; elaboration of a detailed Training Program outlining course contents and minimum qualifications for participants of each training course; elaboration of a detailed Acceptance test plan, including identification of the Systems to be tested, specific tests and processes to be performed, and the respective testing schedules; procedures for document and specification review and approval and for change order management; identification and scheduling of the specific resources and facilities that the Purchaser is required to provide; and identification of any external dependencies. 17. Employees 17.1 During the Contract and for a period of twelve (12) months thereafter, both the Purchaser and the Supplier shall refrain from canvassing each other s employees engaged in the performance of the Contract with a view to offering employment. Page 60 of 106

62 Section VI. Schedule of Requirements Page 61 of 106

63 Schedule of Requirements Schedules expressed as weeks/months stipulates hereafter dates which are the dates of Installation and Acceptance at the designated Project Site. All dates and time periods are measured in weeks from award of contract those items marked with an asterisk (*) are deemed milestones for the assessment of liquidated damages. Item Type Quantity Description Project Site Hardware Communications Delivery Schedule N/A N/A Acceptance Schedule Standard Software Other Products Service Desk Management System Solutions for: Problem Control Management, Configuration Management, Change Control Management, Version Control Bank of Zambia, Lusaka Bank of Zambia, Lusaka 4 6 Weeks 1 Week 4 6 Weeks 1 Week Implementation Services Training Recurrent Services Install system and configure Training for Administrators and users Bank of Zambia, Lusaka and Ndola Bank of Zambia, Lusaka and Ndola 5 Weeks 3 Weeks 2 Weeks 1 Week Annual Other Services Post- Implementation Support Annual Page 62 of 106

64 Section VII. Sample Forms Page 63 of 106

65 Notes for Bidders on the Sample Forms The Bidder shall complete and submit with its bid the appropriate Bid Form (for Option A or B) and the required Price Schedules and in accordance with the requirements included in the Bidding Documents. The Bidder should provide the Bid Security, either in the form included hereafter or in another form acceptable to the Purchaser, pursuant to the Bid Data Sheet. The Contract Form, when it is finalised at the time of Contract award, should incorporate any corrections or modifications to the accepted bid resulting from price corrections, or quantity variations pursuant to the Bid Data Sheet. The Price Schedule and Schedule of Requirements are deemed to form part of the Contract should be modified accordingly. The Performance Security and Bank Guarantee for Advance Payment forms should not be completed by the bidders at the time of their bid preparation. Only the successful Bidder will be required to provide performance security and bank g uarantee for advance payment in accordance with one of the forms indicated herein or in another form acceptable to the Purchaser and pursuant to GCC Clause 7 and SCC Clause 8, respectively. The Producer s Authorisation form should be completed by the Producer, as specified. Page 64 of 106

66 Table of Sample Forms 1. Bid Forms and Price Schedules 2. Recurrent Costs Form 3. Bid Price Summary Form 4. Bid Security Form 5. Form of Contract Agreement 6. Performance Security Form 7. Bank Guarantee Form for Advance Payment 8. Producer s Authorisation Form Page 65 of 106

67 1. Bid Forms and Price Schedules 1.1 Bid Form First Stage Bid (This form must be filled in and signed by an authorised person) To: [name and address of Purchaser] Gentlemen and/or Ladies: Date: IFB No.: Having examined the Bidding Documents including Addenda Nos. [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to produce, deliver, install, support and maintain the Service Desk Management and related systems in full conformity with the said Bidding Documents, and certify that the proposed Information Systems have their origin in eligible source countries as defined in the Bidding Documents. We undertake, if invited by you to do so, to attend a Clarification Meeting at our own expense and at a place of your choosing for the purposes of reviewing our first stage bid and duly noting all changes which you may require thereto. We further undertake, upon receiving your written instructions, to proceed with the preparation of our second stage bid in accordance with the requirements of the Bidding Documents. We agree to abide by this first stage bid for a period of [number] days from the date fixed for first stage bid submission in the Bid Data Sheet, and it shall remain binding upon us, provided that we are invited to attend a Clarification Meeting before the expiration of that period. We undertake, if our second stage bid is accepted, to deliver the Information Systems in accordance with the delivery schedule specified in the Schedule of Requirements. If our second stage bid is accepted, we will obtain the guarantee of a bank in a sum equivalent to [percent] percent of the Contract Price for the due performance of the Contract, in the form prescribed by the Purchaser. We understand that you are not bound to accept the lowest or any bid you may receive. Dated this day of 200. [signature] [in the capacity of] Duly authorised to sign Bid for and on behalf of Page 66 of 106

68 1.2 Bid Form Second Stage Bid (This form must be filled in and signed by an authorised person ) To: [name and address of Purchaser] Gentlemen and/or Ladies: Date: IFB No.: Having examined the Bidding Documents including Addenda Nos. [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to produce, deliver, install, support and maintain the Service Desk Management and related systems in full conformity with the said Bidding Documents for the sum of [total bid amount in words and figures, by currency if appropriate] or such other sums as may be determined in accordance with the Contract. We undertake, if our Second Stage Bid is accepted, to install the systems in accordance with the schedule specified in the Schedule of Requirements. If our Second Stage Bid is accepted, we will provide an Advance Payment Security and a Performance Security in the form and in the amounts, and within the times stipulated in the Bidding Documents. We agree to abide by this Second Stage Bid for a period of [number] days from the date fixed for Second Stage Bid submission as specified in the Bid Data Sheet, and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any bid you may receive. Dated this day of 200. [Signature] [in the capacity of] Duly authorised to sign Bid for and on behalf of Page 67 of 106

69 1.3 Price Schedules Schedule 1. Imported Products Price Schedule Name of Bidder IFB Number Page of Item No. Product Description Country of origin Product Producer Partner or Subcontractor Responsible for Supply and Installation Quantity Unit price CIP point of entry or CIP named place of destination 2 [specify which] Total CIP price 3 (1) (2) (3) (4) (5) (6) (7) (8) = (6) x (7) Hardware: Subtotal Communications Equip: Subtotal Standard Software: Subtotal Other Products: Subtotal TOTALS 1 A separate copy of the form should be used for each different currency quoted, in accordance with ITB Clause 11/24. 2 Specify in accordance with ITB Clause 10/23 and the related provisions in the Bid Data Sheet, for the point(s) of entry or the place(s) of destination identified in the Schedule of Requirements. 3 In case of discrepancy between unit price and total, the unit price shall prevail. In case of discrepancy between subtotals and the total, the subtotals shall prevail. Signature of Bidder Page 68 of 106

70 Schedule 2. Locally Supplied Products Price Schedule Name of Bidder IFB Number Page of Item No. Product Description Country of origin Product Producer Partner or Subcontractor Responsible for Supply and Installation Quantity Unit price EXW 2 per item Total price EXW per item 3 (1) (2) (3) (4) (5) (6) (7) (8) = (6) x (7) Total sales & other taxes payable 4 if Contract is awarded (9) Communications Equip: Subtotal Standard Software: Subtotal Other Products: Subtotal TOTALS 1 Currencies to be used in accordance with the Instructions to Bidders. The EXW unit price shall include all customs duties and sales and other taxes already paid or payable on the components used in the pro duction of the item, or the customs duties and sales and other taxes paid on previously imported items. These factors should not be entered separately. 2 In case of discrepancy between unit price and total, the unit price shall prevail. In case of discrepancy between subtotals and the total, the subtotals shall prevail. 3 Specify according to the Instructions to Bidders and the related provisions in the Bid Data Sheet. Signature of Bidder Page 69 of 106

71 Schedule 3. Services Price Schedule (prior to Maintenance) Name of Bidder IFB Number Page of Item Service Description Country Partner or Quantity Unit Price 1 Total Price 2 No. of origin Subcontractor Responsible for Foreign Currency Local Currency Foreign Currency Local Currency Service Delivery Component Component ( ) 3 ( ) 3 ( ) 3 ( ) 3 (1) (2) (3) (4) (5) (6) (7) (8) = (5) x (6) (9) = (5) x (7) Implementation: Subtotal Training: Subtotal Technical Support: Subtotal Operational Support: Subtotal Other: Subtotal TOTALS 1 Service prices include all taxes payable by the Bidder thereon. 2 In case of discrepancy between unit price and total, the unit price shall prevail. Similarly, subtotals shall prevail over totals. 3 Specify currency, quoted in accordance with Instructions to Bidders and related provisions in the Bid Data Sheet. A separate copy of the form should be used for each different foreign currency quoted. Signature of Bidder Page 70 of 106

72 Schedule 4. Inland Delivery Price Schedule Name of Bidder IFB Number Page of Item No. Delivery Description Quantity Unit Price 1 Total Price 2 (products, site(s), etc.) Local Currency Component Delivery Price ( ) 3 ( ) 3 Foreign Products (CIP ): Delivery Batch #1 Delivery Batch #2 Locally Supplied Products (EXW): Delivery Batch #1 Delivery Batch #2 TOTALS Subtotal Subtotal 1 Specify according to the Instructions to Bidders and the related provisions in the Bid Data Sheet for al l products quoted EXW or CIP point of entry. 2 In case of discrepancy between unit price and total, the unit price shall prevail. Similarly, subtotals shall prevail over totals. 3 Specify currency, quoted in accordance with Instructions to Bidders and related provisions in the Bid Data Sheet. Signature of Bidder Page 71 of 106

73 2. Recurrent Costs Form (Prices during the maintenance period of [number] years) Name of Bidder IFB Number Page of Currency 1 Base Cost (i.e., during Warranty) Maximum compounded costs per annum after expiration of the warranty period 1 Year 1 Year 2 Year 3 Year 4 Year N Total [Rx 1 ] [Rx 2 ] [Rx 3 ] [Rx 4 ] [Rx 5 ] Recurrent Costs Standard Software maintenance after warranty Recurrent Software Licensing Fees Software updates On-going technical support Enhancements to application and other software Disaster recovery facilities Other recurrent costs TOTALS: Page 72 of 106

74 Note: The above list of Recur rent Costs is just an example. The Purchaser should modify this list as appropriate. 1 Specify currency, quoted in accordance with Instructions to Bidders and related provisions in the Bid Data Sheet. A separate copy of the form should be used for each different foreign currency quoted, and Products and Services should be listed separately and subtotalled. 2 The annual costs [Rx n ] should indicate the total costs for the year. The Bidder shall quote the number of years of recurrent costs as specified in the Bid Data Sheet, which will be combined with the Bid Price using a Net Present value calculation for evaluation purposes. The extent to which these costs are to be part of the Contract is defined in SCC. Signature of Bidder Page 73 of 106

75 3. Bid Price Summary Form Name of Bidder IFB Number Page of Products Price Total, CIP Point Of Entry Products Price Total, CIP Place of Destination EXW Products Price Total Total Sales & Other Taxes on EXW Products Total Inland Delivery Services Price Total Subtotal: Recurrent Costs Total, Foreign Currency Recurrent Costs Total, Local Supply/Currency Total Recurrent Costs: Total Bid Price: Foreign Currency #1 Foreign Currency #2 Foreign Currency #3 Local Currency Amount Currency Amount Currency Amount Currency Amount Note: Bidders should complete the table by extracting the Price and Recurrent Costs totals, in different currencies as applicable, from the Price and Recurrent Costs Schedules. Signature of Bidder Page 74 of 106

76 4. Bid Security Form WHEREAS [name of the Bidder] (hereinafter called the Bidder ) has submitted its bid dated [date of submission of bid] for the supply of [name and/or description of the systems] (hereinafter called the Bid ). KNOW ALL PEOPLE by these presents that we [name of bank] of [name of country], having our registered office at [address of bank] (hereinafter called the Bank ), are bound unto [name of Purchaser] (hereinafter called the Purchaser ) in the sum of for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors, and assigns by these presents. Sealed with the Common Seal of the said Bank this day of 200. THE CONDITIONS of this obligation are: 1. If the Bidder withdraws its Bid during the period of bid validity specified by the Bidder on the Bid Form; or 2. If the Bidder, having been notified of the acceptance of its Bid by the Purchaser during the period of bid validity: (a) (b) fails or refuses to execute the Contract Form, if required; or fails or refuses to furnish the performance security, in accordance with the Instructions to Bidders; WE undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the above date. [duly authorised signature of the bank] Page 75 of 106

77 5. Form of Contract Agreement THIS AGREEMENT made the day of 200 between [name of Purchaser] of [country of Purchaser] (hereinafter called the Purchaser ) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called the Supplier ) of the other part: WHEREAS the Purchaser invited bids for certain products and ancillary services, viz., [brief description of the Information Systems] and has accepted a bid by the Supplier for the supply of those products and services in the sum of [contact price in words and figures] (hereinafter called 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 Schedule of Requirements; the Technical Specifications; the Special Conditions of Contract; the General Conditions of Contract; the Purchaser s Notification of Award; and the Supplier s Bid. 3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the products and 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 products and 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 their respective laws the day and year first above written. Page 76 of 106

78 Signed, sealed, and delivered by the said [name of representative] (for the Purchaser) in the presence of [name of witness] Signed, sealed, and delivered by the said [name of representative] (for the Supplier) in the presence of [name of witness] Page 77 of 106

79 6. Performance Security Form To: [name of Purchaser] WHEREAS [name of Supplier] (hereinafter called the Supplier ) has undertaken, in pursuance of Contract No. [reference number of the Contract] dated 200 to supply [description of Information Systems] (hereinafter called the Contract ). AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Supplier s performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Supplier a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of [amount of the 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 and without cavil or argument, any sum or sums within the limits of [amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the day of 200. Signature and seal of the Guarantors [address] [date] Page 78 of 106

80 7. Bank Guarantee Form for Advance Payment To: [name of Purchaser] [name of Contract] Gentlemen and/or Ladies: In accordance with the payment provision included in the Special Conditions of Contract, which amends Clause 8 of the General Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter called the Supplier ) shall deposit with the Purchaser a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words]. We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Purchaser on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words]. We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the Purchaser and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date]. Yours truly, Signature and seal of the Guarantors: [name of bank or financial institution] [address] [date] Page 79 of 106

81 8. Producer s Authorisation Form [See Clause 12 of the Instructions to Bidders for Single Stage Bidding, or Clause 10 of the Instructions to Bidders for Two Stage Bidding] To: [name of the Purchaser] WHEREAS [name of the Producer] who are established and reputable producers of [name and/or description of the products] having production facilities at [address of factory] do hereby authorise [name and address of Agent] to submit a bid, and subsequently negotiate and sign the Contract with you against IFB No. [reference of the Invitation to Bid] for the above products produced by us. We hereby extend our full guarantee and warranty as per Clause 7 of the General Conditions of Contract for the products offered for supply by the above firm against this Invitation for Bids and duly authorise said firm to act on our behalf in fulfilling all installation, technical support and maintenance obligations required by the Contract. [signature for and on behalf of Producer] Note: This letter of authority must be on the letterhead of the Producer, must be signed by a person competent and having the power of attorney to bind the Producer, and must be included by the Bidder in its bid. ` Page 80 of 106

82 The Bank of Zambia The Organization Section VIII. Technical Specifications 1) The Bank of Zambia (hereinafter referred to as the Bank ) is the central bank for the country of Zambia. It was established under an act of parliament in 1964, having been a currency board before that. The principal purpose of the Bank of Zambia is to formulate and implement monetary and supervisory policies that will ensure price and financial system stability in Zambia. 2) The Bank has its Head Office in the capital Lusaka and a Regional Office in the northern city of Ndola. The offices are 300 kilometres apart. 3) The Bank of Zambia is organised into two divisions, namely Operations and Administration. The departments that make up the Operations wing are : Economics, Financial Markets, Bank Supervision, Non-Bank Financial Institutions Supervision, Banking, Currency and Payment Systems (BCPS), Risk Management Department and the Regional Office. The departments under Administration are: Finance, Human Resources, Procurement & Maintenance Services, Information & Communications Technology, Bank Secretariat, Internal Audit and Security Division. 4) The Bank of Zambia has a staff establishment of about 600 employees with about 150 being based at Regional Office in Ndola. 5) A local area network (LAN) runs at each of the branches at speeds of up to 1000 Mbps and they are connected via a leased 2 Mbps line to form a wide area network (WAN). 6) The current Help Desk system is a freeware solution OneOrZero, run centrally from Head Office but accessed by both Head Office and Regional Office users via the intranet. 7) It provides the basic service desk functions of: User Registration Ticket creation Ticket assignment Ticket tracking Ticket closing Report generation. 8) The Bank s main computing resources consist of Intel processor based servers running Windows 2003 Server. Page 81 of 106

83 9) Most Client PCs run on Windows XP while some have been upgraded to Windows Vista. 10) The Bank uses Microsoft Exchange server 2003 (SP2) with plans to upgrade to Microsoft Exchange server Microsoft Outlook is the Bank s primary desktop platform. The solution being sought must be able to integrate with this mail system. The Need for a new Service Desk Management Solution 11) A review of the current Help Desk was carried out and it was generally felt that the help desk system in its current form did not meet the requirements of the Bank. Some specific areas of deficiency include: Inadequate information and reports for decision-making Flaws in the program No facility for escalation No facility for reminders Not user-friendly No provision for service-level agreements No facility for configuration documentation 12) Bank of Zambia would, therefore, like to acquire a new system that would help improve the quality of support services and contribute effectively to the Bank s business operations. 13) In addition, with the adoption of COBIT as an ICT governance framework in the Bank of Zambia, it has become imperative that processes to do with Service support be implemented. In order to improve on the quality of service support, COBIT has spelt out the need to have certain control objectives in place and the implementation of a reliable automated service desk tool as a necessity. Therefore, the scope has been extended beyond Service Desk and Incident Management, but a whole suite to incorporate other ITIL based processes of Service Support, namely Problem Management, Change Control, Configuration and Release Management. 14) In this Invitation for Bids (IFB) Bank of Zambia has identified the functional, operational and performance requirements of the proposed Service Desk Management system. The Bank is therefore seeking the services of a qualified vendor who will provide and install an up-to-date Service Desk Management System with the specified related support delivery modules at both Head Office and Regional Office. Overview of the Service Desk Management Solution 15) The proposed Service Desk solution would provide a centralized point of contact for users of IT services with the ICT Department. Page 82 of 106

84 It shall be used for receiving and processing Service Requests, for assisting users, and for coordinating the Incident Resolution with Specialist Support Group and for regularly communicating feedback with the users. 16) The new Service Desk Management System, once implemented, is expected to bring about a lot of benefits to the Bank of Zambia, including: many benefits, including: Streamlining customer service requests with one point of contact Reduced problem resolution times Improving customer satisfaction Increased productivity of ICT support staff Reduced cost of ICT support service 17) The Service Desk Management System will be implemented on the existing Wide Area Network (WAN) infrastructure between Head Office and Regional Office. It shall be installed on a server at Head Office but web-accessed by users at both branches. 18) The Service Desk Management system would need to interface with the other service support systems as outlined below: Change Management for controlled and authorized changes to the infrastructure. Release Management for up-to-date versions of configurations and documentation. Problem Management - Monitoring the infrastructure and resolving problems and disruptions to service and also manage the collection and use of the information relevant to managing IT. Configuration Management - Managing the collection and use of the information relevant to managing IT. Configuration Management is an integral part of all other service management processes as it gives current, accurate and comprehensive information about all components of the infrastructure. System - There will be need for the solution to also interface with the system so as to send updates and other messages from the system. Windows Active Directory The system would need to interface with Windows Active Directory and capture users from the directory, instead of re-creating users within the system. Service Level/Operational Level Management The system would use the defined criteria in SLAs/OLAs as the basis for measuring performance of ICT support service. Delivery and Implementation Services 19) The selected supplier shall be responsible for the successful delivery of all the required systems recognising that this is a critical project for the Bank of Zambia. On its part, the Bank intends Page 83 of 106

85 to set up a project management framework in conjunction with the selected vendor that will allow for the monitoring and control of progress of the entire project and ensure high quality of its deliverables. 20) In this respect the supplier may be required to perform the following services: a) The delivery and installation of the solution and related documentation. b) Delivery and installation of the database and related utilities c) Review of the current business processes to instil best practices. d) Setting up the system to support the business requirements of the Bank as outlined in the workbook. e) Support the development of operational and user procedures. f) User acceptance testing activities. g) Delivery of technical and end user training. h) Engaging the system into live production. i) Post implementation review and further fine-tuning. Post Implementation Services 21) The Bank of Zambia will require post implementation support with respect to the supplied solution covering: Warranty a) Warranty: the supplier will be expected to provide warranty for a specified period after the delivery of the complete system; b) Maintenance and Support: to maintain and support the system during and post warranty. 22) The Bank of Zambia will require the supplier to provide a warranty to cover the proposed system being selected. During the warranty period, the supplier will unconditionally guarantee that the supplied products will be free from defects including faulty system design, poor or inferior workmanship, inadequate documentation and that the products delivered during the course of the project will meet the operational and performance requirements of the Bank and bear all the costs necessary to make good all defects discovered during the period. Page 84 of 106

86 23) The warranty for any software supplied should be for a minimum of one year after acceptance of all the software modules. Maintenance and Support 24) The Bank of Zambia requires that the selected supplier be prepared to provide maintenance and support of the systems for a number of years after the final acceptance. During this period, the supplier will be expected to provide: a. remote support for queries, problems etc.; and b. software upgrades and enhancements; and c. Fix on failure, repair on site and replace as the case may be. IFB Response Requirements 25) The vendor response shall be in the order listed in this appendix and shall include responses to all questions even if the proposed vendor solution does not include the specific feature, function, or element. 26) While the Bank s initial implementation of Service Desk Management System may not fully require or warrant all of the features and functions listed, the Bank is interested in the capabilities of the proposed Service Desk solution to address current needs and for use in future implementations. i) Envelope 1 a) Summary of proposal b) Supplier profile c) Applications systems profile d) Analysis of functional requirements e) General and technical requirements f) Infrastructure requirements g) Business support requirements h) Implementation Approach and Services i) Other attachments and schedules as specified in Section VII.(Written Power of Attorney should be enclosed) ii) Envelope 2 a) Schedule of costs b) All forms and schedules as specified in Section VII Page 85 of 106

87 27) The following attachments should also be presented: a) Supplier annual reports for the last 3 years b) Software package literature c) Application software supply/licence contract d) Implementation services supply contract e) Software maintenance and support contract f) Training contract g) Any other attachment that supplements any answers given in response to question sin the workbook. Overview of Evaluation Criteria 28) Bank of Zambia will evaluate participating vendor proposals on all elements of each response, including costs, technology, solution s flexibility and capability, scope of the services provided, compatibility with Bank of Zambia s environment, and other factors as described below. Bank of Zambia will review the information provided in response to this RFP to develop a solution that meets its Service Desk Management needs. An overview of important evaluation criteria is as follows: 29) Technical Capability Bank of Zambia will analyze the responses to determine how completely the solutions proposed meet the requirements as documented in this RFP. Specifically, the proposed solution will be evaluated in terms of: 1. Service availability and resiliency; 2. Scalability, capacity and performance; 3. Compatibility with existing infrastructure, systems and processes; 4. Capability to accommodate a phased implementation; 5. Delivery / Time to implement and deploy; 6. Manageability; 7. Comprehensive security; 8. Longevity of the proposed service(s); 9. Service and support; 10. Product quality. 30) Innovation Bank of Zambia will value innovative recommendations and proposed solutions for the Service Desk, especially innovation that allows for cost effective initial implementations with the flexibility of phased growth based on need or business case justification. 31) Third-Party Solutions Heavy reliance on third-party solutions may lead to a Service Desk solution that is complex to Page 86 of 106

88 manage. Where the proposal uses third party products to augment the Service Desk solution, the third-party solutions must: 1. Be fully supported by the contractor 2. Integrate seamlessly with the rest of system 3. Must offer same or superior level of functionality as a standard solution. 32) Value Addition If the Supplier has services or offerings relevant to Bank of Zambia that set them above other Suppliers, please identify these services and/or offerings (be specific). 33) Additional Information Bank of Zambia is interested in obtaining the best possible solution. If there is anything else you would like to add about your company or the requested services, please do so. 34) Financial Bank of Zambia will evaluate each of the Supplier responses considering the overall value (costs and savings) to Bank of Zambia to implement a Service Desk Management solution. Supplier Responses Compliance with System Requirements Analysis 35) An electronic workbook is required to be completed by the supplier. The completed workbook must be printed when making the submission. 36) In the workbook, all areas where a response is required are preceded by the words Supplier Response: and are shaded in grey such as below: Or 0 Not Available 37) You may also supplement this section of your proposal by including features of the proposed package that are available as part of the standard package but do not form part of the Bank s system requirements. These must be presented in brief bullet point format. 38) Each requirement has been assigned a weight to indicate its relative importance. These are as follows: Description Representation Page 87 of 106

89 An essential function. If a prospective system cannot satisfy the requirement, it may not be selected for use unless the system can be suitably modified. A required function. If the proposed system cannot satisfy this requirement, it may still be selected if most similarly classified requirements are satisfied as a standard feature, through modifications or workarounds. A nice-to-have feature. A desirable requirement for an ideal solution. E R N 39) Each question asked in this Workbook must be answered in full and by making reference to the paragraph numbers. A null answer will be taken to imply a negative response. State if the response to a question is supplied as or augmented by attachment. 40) Where a compliance rating column is present, the bidder must use the associated pull down list to select an appropriate response. 41) Suppliers may include additional information at the end of each section. 42) Please also enter a detailed response to each requirement in the Response column as how the requirement is met. Please note that it is not acceptable to simply refer the reader to a response in another part of the document. An Appendix may be used to provide standard information on an item but the evaluation emphasis will be based on the narrative shown in this section..for compliance-score less than 3, please enter the customization effort in mandays, however a detailed demonstration for each and every feature has to be shown for Technical evaluation. Other Conditions 43) All proposals must be submitted in accordance with the laid down instructions. The Bank of Zambia, whose decision in the matter is final, may reject suppliers not complying with these instructions in any particular. Confidentiality 44) The IFB must be treated as private and confidential. Suppliers should not release details of the IFB other than on an In Confidence basis to those who have legitimate need to know or whom they need to consult for the purpose of preparing the proposal. Form of Proposal 45) The proposal should be submitted in accordance with the format indicated in the workbook, as incorporated in this IFB. It shall be signed by the supplier and submitted along with the full response to the IFB, no later than the stated date and time. Page 88 of 106

90 46) No unauthorised alteration or addition should be made to the Form, to the full response or any other component of the IFB. Figures should not be altered or erased; any alteration of prices etc. should be affected by striking through the incorrect figure, and inserting the correct figure above the original ones. The supplier shall initial all such amendments. Qualifications and Queries 47) Proposals must not be qualified but must be submitted strictly in confidence with this IFB. Suppliers must not make unauthorised changes to the IFB. Proposals must not be accompanied by statements that could be construed as rendering the proposal equivocal and/or placing it on a different footing from other proposals. 48) Only proposals submitted without qualification strictly in accordance with the IFB as issued (or subsequently amended by the Bank of Zambia) will be accepted for consideration. The Bank of Zambia s decision on whether or not a proposal is acceptable will be final and the supplier concerned will not be consulted. Most Advantageous Proposal Not Necessarily To Be Accepted 49) The Bank of Zambia does not bind itself to accept the most advantageous proposal. The Bank may withdraw at its discretion from contract negotiations without liability to any bidder, advertise for new proposals or proceed to do the works otherwise. The Bank shall not be responsible for or pay any expenses or losses, which may be incurred by any supplier in the preparation of the proposal. Information 50) It is not the policy of the Bank of Zambia to divulge any information on any proposal submitted for whatever reason before or after its award. Incomplete Proposals 51) Proposals may not be considered if complete information is not given at the time of proposing, or if all the particulars asked for in the documents are not provided in respect of items for which a proposal is submitted. Safe Working Practices 52) The supplier making a proposal should be aware of its obligations in respect of statutory safe working practices while carrying out the works. Page 89 of 106

91 Workbook for Supplier Responses SUMMARY OF PROPOSAL No Weight Requirement Compliance Rating 53) E Please provide a summary of your proposal, including A high level description of the solution being proposed; A high level implementation plan showing the key activities and overall time scales; The main advantages and special features of your proposed solution. No Weight Requirement 54) E Please provide a summary of assumptions, factors, conditions or dependencies upon which your proposal is based Compliance Rating No Weight Requirement 55) E Please provide a brief statement of your capabilities and the main reasons why you believe that the Bank of Zambia should accept your proposal. Compliance Rating No Weight Requirement 56) E Please provide a brief statement accepting the terms and conditions detailed in this request. Compliance Rating Page 90 of 106

92 No Weight Requirement 57) E Please provide the name and address details of a business contact person who will speak on your behalf during the period of the proposal. Compliance Rating SUPPLIER PROFILE Organisation No Weight Requirement 58) E Please provide the following background information on your organisation: Compliance Rating The company s legal status and the name of any holding company. The date the company was established. The number and location of your offices. The number of staff employed at each location. A copy of your three latest annual reports (please include as Attachment) Activities outside information technology Page 91 of 106

93 Experience No Weight Requirement 59) E Please outline your experience with Service Desk Management Solutions. Include market share, industry recognition, awards, etc. Compliance Rating No Weight Requirement 60) E What is the total number of staff experienced with the proposed system? Please break down into sales, design, installation, support and customer training and education. Please include CVs as an attachment. Compliance Rating Vendor Certification No Weight Requirement 61) E Please provide an up-to-date certificate from the software developer which certifies that you are a Service Desk Design, Installation and Support Services agent/partner of the equipment manufacturer. Compliance Rating Reference Sites No Weight Requirement 62) E Please provide details of three appropriate reference sites where you have recently implemented the proposed Service Compliance Rating Page 92 of 106

94 Desk Management Solution Site 1 The name and address and telephone number of the company; The name and title of a contact The scope and period of involvement at the reference site, including services and products delivered. Site 2 The name and address and telephone number of the company; The name and title of a contact The scope and period of involvement at the reference site, including services and products delivered. Site 3 The name and address and telephone number of the company; The name and title of a contact The scope and period of involvement at the reference site, including services and products delivered. Third Parties No Weight Requirement 63) E i) Please give details of your relationships with other companies who will develop or supply the solution you are Compliance Rating Page 93 of 106

95 proposing: ii) How long have you been supplying the products originating from such companies; iii) How are your lines of communication? iv) Any other appropriate information. Other Supplier Profile Information No Weight Requirement 64) R Please provide any other information about yourselves that you may wish to bring to the Bank s attention. Compliance Rating APPLICATIONS SYSTEMS PROFILE Applications Systems Details No Weight Requirement 65) E Please provide full details of the solution proposed, including any third party applications. Where more than one application is proposed, please state how the combination of applications will satisfy the Bank of Zambia s full functional requirement in this document. Compliance Rating No Weight Requirement 66) E Marketing material relating to the applications being proposed Compliance Rating Page 94 of 106

96 should be enclosed as Attachment No Weight Requirement 67) E Schematic diagram of the total solution showing how the modules integrate with each other (as an Attachment) Compliance Rating System History No Weight Requirement 68) E Please provide a brief history of the system being proposed. If necessary, please split by module / application, where details might not be commonly applicable. Compliance Rating Date and authorship of first version; Place of origin; Date and version number of the last major rewrite; Major enhancements made to the system in the past two years; Major developments planned for the next 24 months including a brief description of the additional features and planned release dates; Number of fully operational sites. Page 95 of 106

97 Overall Design Details Please provide full design details about proposed solution including: No Weight Requirement 69) E Describe the proposed Service Desk Management Solution s architecture and design elements; Compliance Rating System must be web enabled; The process by which the Bank of Zambia can customise system functionality without jeopardising future upgrades; FUNCTIONAL REQUIREMENTS Input No Weight Requirement Compliance Rating 70) E To register a user onto the system 71) E To define a profile for a user 74) N To capture user details from Windows Active Directory 75) E To log a problem onto the system from a workstation 76) N To submit via and help desk software automatically retrieves the text and creates a new ticket for the submission 77) E To define different categories of problems 78) E To define different user groups 79) E To define different support groups Page 96 of 106

98 80) N Interface capability to voice 81) R Support creation and maintenance of Service Level Agreements (SLA) and Operational Level Agreements (OLA) 82) E To define the different status of the problem Processing No Weight Requirement Compliance Rating 83) E Create and implement Escalation rules 84) E Keep a record of the movements and updates made on a problem 85) R Housekeeping facilities 86) R Leave status of ticket open until satisfactory completion is verified by requester. 87) E Ability to re-instate a wrongly or pre-maturely closed ticket 88) E The system must be a real-time, online system supporting at least 500 users. Comments and detailed explanation of how this requirement is met or supported Output No Weight Requirement Compliance Rating 89) E Automated reminders on overdue tickets 90) E Standard Report Generation 91) E Customizable report generation 92) E Print report of response times from open to close of ticket. 93) E Provide standard management reports and graphs to monitor issues, backlog, and performance statistics. 94) E Provide a flexible query or reporting tool to retrieve issues or Page 97 of 106

99 service requests from the database with user-defined search criteria. 95) E Provide ability to monitor response times to assignments by supporter, time period and other attributes selected by user. 96) E Have notification functionality from within the service desk software. 97) N Ability to broadcast messages from system to all and selected users System Requirements No Weight Requirement Compliance Rating 98) E Windows Server 2003 or higher 99) E Windows XP and Vista 100) R Support for Internet Explorer 7.0 or higher User Interface No Weight Requirement Compliance Rating 101) E Should be user-friendly; graphical user interface. 102) E Easily customizable 103) E Should be web-based 104) E Should handle 500 users (client PCs) 105) E Inbuilt Help features 106) N Support online news and/or status reports to keep users updated of current issues, situations, training, etc. 107) N User searchable knowledge base System Interface Page 98 of 106

100 No Weight Requirement Compliance Rating 108) E Easily interface with other relevant systems such as , Windows Active Directory single sign-on. 109) E Ability to be used by users over a WAN from two locations/branches (preferred) Solution has in-built modules to handles the processes below: 110) E i) Change Control Management 111) E ii) Problem Management 112) E iii) Configuration Management 113) N iv) Capability to handle Release Management in future Describe in detail how all the application modules that you are proposing and any other modules being offered by third parties will be integrated to form the overall solution requested by the Bank of Zambia. The solution provided must be ITIL based with full support of the ITIL Service Desk best practice approach. Database Requirements No Weight Requirement Compliance Rating 114) E ORACLE 10g or later or MS SQL 2005 or later. System should be able to run on the existing shared database engine currently in production. 115) E Maintain a knowledge database containing solutions to common problems and requests 116) N Support integration with and use of commercially available thirdparty knowledge databases. 117) E Provide ability to search knowledge database for answers to typical questions, minor problems, known issues, etc. by keyword, Boolean string or string of characters. 118) N Provide ability to integrate and work with software application help files. 119) E Users only have access to data views for which they have been authorised. Page 99 of 106

101 Comments and detailed explanation of how this requirement is met or supported Describe how access to unauthorised data is controlled or prevented. Auditing Weight Requirement No 120) N Ability to remotely audit workstation hardware and software components. 121) N Ability to track all software products installed on any network workstation. 122) R Automatically retrieve and store workstation configuration (e.g. CPU, OS version, ROM BIOS info, memory info, disk info, printer info, video info, and all system devices) 123) E Ability to perform software licensing audits. 124) E The system shall maintain archived information for audit purposes for a predefined period Comments and detailed explanation of how this requirement is met or supported 125) E Ability to maintain audit information of all changes to the various administration activities Comments and detailed explanation of how this requirement is met or supported Compliance Rating Backup and Security No Weight Requirement Compliance Rating 126) E Please provide the backup and security features (apart from the ones provided by the operating system) available: The backup procedures built into the system Page 100 of 106

102 The automatic rollback and roll forward, restart and recovery built into the system The security and control mechanisms built into the system Other Technical Requirements No Weight Requirement Compliance Rating 127) N Provide access to system maintained data element definitions within report writer software. 128) N Support for 3 rd party Report writer supports SQL (Structured Query Language). 129) E Provide ability to down load data into common spreadsheet, database and word processing file formats. 130) R System should be able to support disaster recovery implementations 131) E Provide future software releases and updates to application as part of regular software maintenance. Other Information on Application No Weight Requirement Compliance Rating 132) R Please provide any other information about the application that you may wish to bring to the Bank s attention. IMPLEMENTATION APPROACH AND SERVICES Implementation Approach Weight Requirement 133) E The solution provider shall define the recommended implementation approach in the form of a project plan. Compliance Rating Page 101 of 106

103 Comments and detailed explanation of how this requirement is met or supported Define the project implementation phases, showing the objectives, deliverables and overall responsibility for each of the phases Define the proposed functional structure of the programme management team. Define the roles and responsibilities of the different functions in the programme management team. Define the reporting and escalation mechanisms. Define the budget/cost control mechanism. Define the programme risks and associated risk management and avoidance measures. Please describe any automated project implementation support tool that you will use on this project. Please also indicate if this tool will be made available to the Bank of Zambia for the duration of the project. Weight Requirement 134) E Cutover Plans The Contractor must describe the methodology, processes and procedures for a logical and physical cutover of the proposed system. The cutover plan must identify, quantify Compliance Rating Page 102 of 106

104 and minimize any anticipated down time. The cutover plan must allow for a return to the existing system should the cutover be unsuccessful. Comments and detailed explanation of how this requirement is met or supported Weight Requirement 135) E The solution shall be deployed in a modular, phased manner with respect to the other service delivery modules. Compliance Rating Comments and detailed explanation of how this requirement is met or supported Describe the modularity features of the solution that makes it feasible to implement in phases that make business sense. Schedule of Services Weight Requirement 136) E Provide a comprehensive schedule of all services included in the base implementation fee. Compliance Rating Weight Requirement 137) E Describe your policy on subsistence and travel allowances for resources providing on-site services during implementation Compliance Rating Page 103 of 106

105 Weight Requirement 138) E Provide a schedule of additional/optional services that could be made available during the implementation or thereafter. Compliance Rating Training Weight Requirement 139) E The solution provider shall train the users in the operation and use of the business system. Compliance Rating Comments and detailed explanation of how this requirement is met or supported System Administration Training The Contractor shall supply complete training on the operations of the system management and administration functions, within two weeks prior to the system cutover. Provide a schedule of available training courses, including course description, scheduled class dates, pre-requisites, costs and location. No Weight Requirement Compliance Rating 140) R Please describe any other implementation issues that you may wish to bring to the attention of the Bank. Page 104 of 106

106 Support Services No Weight Requirement Compliance Rating 141) E Please describe the general support options for the solution. Service Desk Management System Documentation Weight Requirement 142) E The solution provider shall provide all documentation for the application software product, including user manuals, training material and technical support manuals. Compliance Rating Comments and detailed explanation of how this requirement is met or supported Describe the documentation that will be provided for the application software product. Include the number of copies and media types No Weight Requirement Compliance Rating 143) R Please describe any other documentation issues that you may wish to bring to the attention of the Bank. -- Ends Here -- Page 105 of 106