B I M A N B A N G L A D E S H A I R L I N E S L T D.

Transcription

1 TENDER DOCUMENTS For Invitation of Proposal for Backup Internet Connection for Biman Bangladesh Airlines Ltd. Schedule purchasing time: Up to 13/03/2018 during office hours Tenders will be received up to 1400 Hrs. LT on 14/03/2018 Tenders will be opened at 1430 Hrs. LT on 14/03/2018 CMIS Department 1st Floor, Biman, Balaka Baban, Kurmitola, Dhaka. FEBRUARY 2018 B I M A N B A N G L A D E S H A I R L I N E S L T D.

2 TABLE OF CONTENTS Page No. A. TENDER NOTICE 01 B. TENDER SUBMISSION SHEET 02 C. INSTRUCTION TO TENDERERS (ITT) D. GENERAL CONDITIONS OF CONTRACT E. SPECIAL CONDITIONS OF CONTRACT F. PARTICULAR CONDITION OF CONTRACT G. FORM OF AGREEMENT H. FORM OF PERFORMANCE BOND 23 I. FORM OF BANK GUARANTEE FOR EARNEST MONEY 24 J. RATE & SCHEDULE OF ITEMS (BoQ) 25 K. TECHNICAL SPECIFICATIONS 26

3 A. TENDER NOTICE # 03/ Sealed tenders are hereby invited for supply high-speed dedicated full-duplex internet connection with minimum 115 Mbps bandwidth, necessary equipment and related works for existing internet backup and smoothly running e-enabling Ground System (e-egs) of Biman Bangladesh Airlines Ltd., Kurmitola, Dhaka, Bangladesh from potential bidders/internet Service Provider (ISP) those who have successfully completed to supply high-speed dedicated Internet connection during last 10 (Ten) years in any Govt./Semi Govt./Autonomous Bodies/Corporation/Public Limited/Multinational Company in Bangladesh. Tender documents with detail schedule of works, terms & conditions, etc. will be available in Cash & Banking Section, Ground Floor, Balaka Bhaban, Kurmitola, Dhaka on cash payment of BDT 2,000/- (Taka two thousand) only per set (Non-refundable) on all working days up to 13/03/2018 during office hours. Tenderers shall have to submit 2.5% of quoted amount as earnest money in favor of Biman Bangladesh Airlines Ltd. from any schedule bank of Bangladesh in the form of Bank Draft/Pay Order/Bank Guarantee with Technical offer of the tender, without which the tender will not be accepted. Tenders will be received in Room # 206, CMIS Department, 1st floor, Balaka, Kurmitola, Dhaka up to 1400 Hrs on 14/03/2018 and will be opened on the same day at 1430 Hrs. in presence of tenderers (if any). Biman Management reserves the right to accept or reject any or all the tenders without assigning any reason whatsoever. Deputy General Manager CMIS Page-1

4 B. TENDER SUBMISSION SHEET To Date: Deputy General Manager CMIS Biman Bangladesh Airlines Ltd. Balaka Bhaban, Dhaka. We, The undersigned, offer to execute in conformity with the Conditions of Contract and associated Contract Documents, the following Works and Related Services, viz: supply high-speed dedicated Internet connection with minimum 115 Mbps bandwidth and necessary equipment for Biman Bangladesh Airlines at Hazrat Shahjalal International Airport Area, Kurmitola, Dhaka. The total price of our Tender is. Tk: In words: Our Tender shall be valid for the period of minimum 120 (One hundred twenty) days and it shall remain binding upon us and may be accepted at any time before the expiration of that period. A Tender Security amounting Tk... only in the form of a [state pay order / bank draft / bank guarantee] valid for a period of 30 days beyond the Tender validity date. If our Tender is accepted, we commit to obtain a Performance Security amounting 5% (Five percent) of contract price and valid for a period of minimum 120 days beyond the date of issue of the Certificate of Completion of Works. We declare that ourselves, and any Subcontractors or Contractors for any part of the Contract, have nationalities from eligible countries and that the materials, equipment and related services will also be supplied from eligible countries. We also declare that the Government of Bangladesh has not declared us, and any Subcontractors or Contractors for any part of the Contract ineligible on charges of engaging in corrupt, fraudulent, collusive or coercive practices. Furthermore, pledge not to indulge in such practices in competing for or in executing the Contract. We are not participating as Tenderers in more than one Tender in "this Tendering process. We understand that your written Notification of Award shall constitute the acceptance of our Tender and shall become a binding Contract between us, until a formal Contract is prepared and executed. We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may receive. Signed In the capacity of' Duly authorized to sign the Tender on behalf of The Tenderer. Date: Page-2

5 C. INSTRUCTIONS TO TENDERERS 1. FILLING OF TENDER DOCUMENTS: Tender Document is the same as the Contract Document except that the former is the proposal or Performa stage of the later. All blank spaces on forms shall be fully filled in and signature shall be in long hand and executed by a principal duly authorized to make contract. Rates must be quoted against each item of works both in figures and in words. All the pages of the Tender Documents shall bear the signature of the tenderer at the bottom of the pages. Use of any separate sheet instead of bill of quantities shall be liable to cancellation of the offer. The tenderer's legal name shall be fully stated. No condition or reservation shall be written into the documents by the tenderer. The tenderer will execute and return the tender at the time stipulated. 2. ADDRESSING THE ENVELOPES: The tender shall be placed in an envelope and properly superscripted stating the name of the works mentioned in the notice inviting tenders, sealed in wax and properly addressed to the official/ representative of the Employer/Owner who, according to the Notice Inviting Tenders, would receive the tenders. 3. TENDER ACCOMPANMENTS: All documents, letter of instructions and agenda transmitted to the tenderer in connection with the preparation of the tender shall be submitted along with the tender duly signed by the tenderer. 4. VISIT OF SITE: The bidder must visit the site before submission of the tender and quote rate accordingly. No extra claim for unawareness of the local conditions and any unforeseen difficulties what source will be entertained for the contractor. 5. DISCREPANCIES: Should a tenderer find discrepancies or ambiguities in or omissions from the Tender Documents, or should be in doubt as to their meaning he will at once notify the Engineer the official inviting tenders (as named in the Notice Inviting Tender) who may cause a written addendum to be sent simultaneously to all tenderers. The Employer/Owner/TEC shall not be responsible for any verbal instructions. All addend to tenders are to be incorporated in the tender. The responsibility of having all discrepancies and ambiguities removed and omissions filled in shall lie solely with the tenderer. Page-3

6 6. EARNEST MONEY : Earnest Money as mentioned in the Tender Notice shall accompany the tender. Tender without proper Earnest Money shall not be entertained. The Earnest Money will be refunded to the unsuccessful tenderers provided that a formal request for the refund is received. In the case of successful tenderer the earnest money will be refunded when his/their security deposit retained from R.A. bills exceeds the amount of Earnest Money. 7. OPENING OF TENDERS: At the time and place fixed for the opening of tenders, every tender received within the time fixed for receiving the tenders will be opened and announced by the Tender Opening Committee (TOC). Tenderers and other persons properly interested may be present in person or by a representative. If there is any Govt. Holiday in the Schedule date then the deadline of submission and opening dates of Tenders will be next working days at the same time & Place. 8. WITHDRAWAL OR MODIFICATION OF TENDER: The tender once submitted cannot be withdrawn or modified. 9. AWARE OR REJECTION OF TENDER : The contract will normally be awarded to the lowest tenderer complying with the conditions of the invitation for tenders, provided his tender is reasonable and it is in the interest of the Employer/Owner to accept it. The Employer/Owner however, reserves the right to reject any or all tenders or accept any or all tenders in part or full. The Employer/Owner also reserves the right to waive any irregularity on the rate of any tenderer if is in the interest of the corporation to do so. 10. PROGRAMME OF WORKS: Within 07 days of being called upon to do so, the Contractor shall submit to the Engineer for his approval, a program of work to be done under the contract. 11. The rates quoted for different items shall be reasonable for each item individually and independently allowing uniform margin of profit and establishment charges for each item. The employer shall have the right to omit any item or items and every quantity of any item or items in any degrees and magnitude without any right of the contractor accruing regarding change of profitability of this account. The rates of items quoted should be balanced. In case the rates are obviously unbalanced the tender shell be liable to rejection. Opinion of the Employer in this regard shall be final and conclusive. Page-4

7 12. MAKING AND CORRECTION OF ENTRIES: All entries in the Tender Documents shall be made in indelible ink. In case any correction or revision of a written entry is intended to be made by the tenderer while the tender document is in the hands of the tenderer the written words or figures shall be penned through and the corrected or revised entry inserted closed to the cancelled entry and in it alley by the person signing the tender documents. No erasing shall be attempted. No overwriting shall be done. 13. OFFER SHALL CONTAIN THE FOLLOWING DOCUMENTS (Where applicable): The parties shall have to submit the following documents along with the Tender [Original Papers, if required by the authority, are to be shown by the bidder]: (Qualification Criteria) a) Experience certificates must be submitted for successfully completion of supply high-speed dedicated Internet connection during last 10 (Ten) years in any Govt./Semi Govt./Autonomous Bodies/Corporation/Public Limited/Multinational Company in Bangladesh. Certificates must be issued by an official not below the rank of Executive Engineer or equivalent indicating the cost of the project. b) The bidder shall have to provide a minimum of 03 (Three) Nos. work experience of similar work. c) The bidder shall have to submit a list of similar works completed (with address and contact number of clients) within last 10 (Ten) years to assess the capability of the Contractor. d) The bidder shall submit a list of similar projects in hand (ongoing projects, if any). e) Shall have to submit the Valid Trade License. f) Shall have to submit the updated VAT/TIN Registration certificate g) Shall have to submit the updated TAX returns h) Shall have to submit the Current Bank Solvency Certificate. i) Shall have to submit the Original money receipt of purchasing the schedule. j) Unit Price of each item must be quoted with total price both in word & figure and must specifically be mentioned in the price schedule. Price quotation (Proforma Invoice) with detail technical information has to be given in the company letter head pad. k) The tender earnest money of the amount of 2.5% of the quoted price in BDT (Refundable) in favor of Biman Bangladesh Airlines Ltd. in the form of Bank Draft/Pay order/bank Guarantee from a schedule Bank of Bangladesh. l) In case of successful tenderer s refusal or failure to supply or to accept/comply with the Biman s offer or purchase/work order Biman will have the authority to forfeit whole of earnest money including rejection of the tenderer s offer ex-parte by Biman. m) All submitted documents must be arranged numerically showing page number and total number of sheets. Each sheet must be signed & sealed by the tenderer. Page-5

8 n) Tenders only in sealed cover will be received. o) Should have Nationwide ISP and IIG license from BTRC. p) Should have 02 (two) International Internet Gateway (IIG) with two physical international connectivity for redundant Internet Bandwidth. q) Should have sufficient number of qualified engineers (CISCO and Microsoft certified) and technicians in the company s pay-roll to undertake the service contract. List of the engineers and technicians are to be submitted with the offer. r) The ISP must provide a system for service requests and offer a telephone response time of (1) one hour or less and if necessary, physical response within (4) four hours. 14. ELIGIBILITY OF BIDDER/TENDERER: a) If the bidder shall not submit the documents as per Biman s requirement as stated in qualification criteria (ITT-13) will not considered as eligible. b) Tender Offers submitted on or before the tender closing time shall only be considered eligible for evaluation. Any tender received after aforesaid specified date and time will not be entertained. Biman will not bear any responsibility for late receipt of tender or samples due any postal irregularities or otherwise. c) Tender submitted without the requisite amount of Earnest Money will be summarily disqualified for further consideration. d) The Bidder must have enough previous experience of similar line of business. The bidder must have enough experience as indicated in clause-13. Any bidder who does not have requisite experience shall not eligible for consideration. e) Overwriting/Erasing on rates quoted may render the tender to be rejected unless properly corrected & countersigned by the tenderer. Any use of correcting fluid is not acceptable. f) Offer should remain valid for minimum 120 (One hundred twenty) days from the date of tender opening. g) Only unconditional offer will be accepted. h) If any tenderer submits fraudulent, forged and manipulated papers and document along with the tender, earnest money submitted by the party along with the tender will be forfeited by Biman. i) Existing Internet Service Provider (ISP) of Datacenter (CMIS Dept.), Biman Head Office, Balaka is not eligible for this tender as it is backup/redundant ISP. j) The connection of internet at Biman Head Office, Balaka must be connected from at least (2) two different POPs. k) The Bidder must lay own Fiber optics cable from Balaka to Biman Hangar Complex. 15. TENDER CORRECRTION OF ARITHMETICAL ERRORS: The Employer shall correct arithmetical errors on the following basis: (a) If there is a discrepancy between the unit price and the line item total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the line item total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; (b) If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and c) If there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetical error, in which case the amount in figures shall prevail subject to (a) and (b) above. d) Any Tenderer that does not accept the correction of errors, shall be disqualified. Page-6

9 16. TENDER REJECTION AND FORFEIT OF EARNEST MONEY: The tender will be cancelled and tender security will be forfeited if: a) A bidder withdraws its tender within the validity period thereof. b) In the case of successful bidder, if the bidder repudiates the contract or fails to furnish Performance security within the stipulated time, if so required. c) The bidder does not accept the correction of the tender amount (Purely arithmetical errors that are discovered during the examination of tender.) d) A bidder submits a documents containing false information/materially incorrect/ materially incomplete or not as per Biman s requirement for purposes of qualification. In addition the said tenderer may be black listed either indefinitely or for a period of time as decided by the Biman authority. 17. CONDITIONS APPLICABLE FOR SUCCESSFUL BIDDER (Preliminary): a) Supply high-speed dedicated Internet connection with 115 Mbps bandwidth, necessary equipment and related works have to be done by ISP/supplier. b) Supply must be made as per technical specification of tender/accepted offer. c) Performance Bond 5% (Five) on contract value (refundable) in the form of Bank Guarantee in favor of Biman Bangladesh Airlines Ltd. is to be submitted by the successful bidder within 10 (Ten) days from the date of receipt of the notice of award of purchase order for a valid period of minimum 120 days beyond the date of issue of the Certificate of Completion of Works. Biman reserves the right to encash/forfeit the earnest money of the bidder incase of failure by the successful bidder/tenderer to execute timely submission of performance bond. Earnest money cannot be converted to Performance Bond. Earnest money will be refunded after receiving the Performance Bond. d) In case of successful tenderer s refusal to accept/comply with the Biman s offer or purchase order/work order Biman will have the authority to forfeit whole of the earnest money including rejection of the tenderer s offer. e) Biman reserves the right to encash/forfeit the performance bond in the event of failure to supply the equipment as per tender specification/purchase order as well termination of contract Ex-parte or equipment supplied by the supplier is/are of improper specification. Authorized Signature Biman Bangladesh Airlines Ltd. Page-7

10 D. GENERAL CONDITIONS OF CONTRACT 1.0 THE CONTRACT The following General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 1.1 CONSTITUENT PARTS OF THE CONTRACT The Contract documents shall consist of the following (the Contract Documents ). Letter of Intent Deed of Agreement Tender Notice Instructions to Tenderers Tender Submission Letter General Conditions of Contract Special Conditions of Contract Particular Conditions of Contract Form of Performance Bond Form of Agreement Form of Bank Guarantee Schedule of Works Technical Specifications. 1.2 SIGNING OF THE CONTRACT The Bidder shall when called upon to do so, enter into and execute a Contract within 15 (fifteen) days from the date of issue of Letter of Acceptance (Work Order) by the Employer, in two copies, three in Non-judicial Stamp of Tk (three hundred) only each. If the Contract Agreement is not executed by the Bidder within the time specified, the Employer may cancel the Letter of Acceptance (Letter of Intent/Work Order) and forfeit the entire Earnest Money Before signing the Contract, the Bidder shall submit Unconditional Performance Bank Guarantee in prescribed form from any scheduled bank of Bangladesh for an amount as noted in the Particular Conditions of Contract. In case of foreign bank guarantee, the same must be endorsed by any schedule bank of Bangladesh with full financial risk and liability Before signing the Contract, the Contractor shall thoroughly search for any ambiguities, discrepancies and omissions in the Bid Documents and, if discovered, shall reveal them to the Employer who may then amend or modify the documents. The Contractor shall be fully responsible for revealing the aforesaid ambiguities, discrepancies and omissions, if any, in the Bid Documents before the signing of the Contract. If any ambiguity, discrepancy or omission is discovered after the Contract is singed Page-8

11 signed, the Contractor shall be bound to accept and agree to such amendment, reconciliation, interpretation and modification in the Contract as the Employer may wish to apply or interpret in order to rectify or fill in the said ambiguity, discrepancy or omission The Contractor shall be deemed to have satisfied himself before signing the Contract as to the correctness and sufficiency of the Contract for the works and of the Rates and Prices stated in the "Bid Schedule", which prices shall, expect in so far as it is otherwise provided in the Contract, cover all his obligations under the Contract and all materials and things necessary for the proper completion and maintenance of the works. 2.0 DEFINITION 2.1 EMPLOYER/OWNER Is the party who will employ the Contractor to carry out the works. In the Contract Agreement, Biman Bangladesh Airlines Ltd., represented by its General Manager, Project & Works Department and its successors, assignees, personnel and legal representative will act as Employer/Owner. 2.2 ENGINEER Engineer is the Engineer In-charge or such other person of Biman as may be designated by Biman authority, who shall represent the Owner in the Project. He will be in-charge of the Project within his jurisdiction for timely implementation of the Project works including quality control. He will recommend the payment of Contractors' Bills. He will review and recommend the rate of non-tendered items including additional quantity of works, if any on behalf of the Owner. He will arrange Management Meeting as and when required. 2.3 BIDDER/CONTRACTOR Contractor is a corporate body whose bid to carry out the works has been accepted by the Employer. 2.4 Acceptance is the date when the Contract comes into existence upon receipt by the Contractor of the Letter of Acceptance issued by the Employer (Work Order). 2.5 Contract is the Contract Agreement between the Employer and the Contractor 2.6 Contract Data defines the documents and other information, which comprise the Contract. 2.7 Contractor s Bid are the bid prices and the competed bidding documents submitted by the Contractor to the Employer Page-9

12 2.8 CONTRACT PRICE a) Contract Rate means the accepted unit rates against different items of works. b) The Contract Price stated in the letter of acceptance and it is the summation of amount of all items of works based on the bill of quantities and the accepted Unit Rate. 2.9 Commencement Date is the date of starting of the works as described in the contract data Site is the area where the works under the Contract shall be executed Equipment is the Contractor s fabrication/manufacturing/installation machinery and vehicles brought temporarily to the site to execute the works Server Room is an integral part of the works, which have a mechanical, electrical, electronic or network functions Intended Completion Date is the date on which it is intended that the Contractor shall complete the work in all respects Completion Date is the date when the Engineer notify to the Employer in writing that the Work is completed in all respects and can be used by the Employer/Owner Days are calendar days and Months are calendar months Defect is any part of the works not done in accordance with the Contract of drawings, schedule of items, specifications or instruction of Engineer/Consultants Sub-Contractor is a person or corporate body who has a contract with the Contractor to carry out a part of the work in the Contract which includes works on the site for whom the approval of the Employer has been taken Temporary Works are works designed, constructed, installed and removed by the Contractor which are needed for construction or installation of the works The Works are what the Contract requires the Contractor to supply, install, test, commission and handover to the Employer Defect Liability Certificate will state that the Contractor has completed his obligations to execute and complete the works and remedy any defects therein to the Owner s/consultants satisfaction The Goods means all the equipment, machineries or other materials, license, software, hardware which the contractor is required to supply to the Employer under the Contract. Page-10

13 2.22 Services means services ancillary to the supply of Goods such as transportation, insurance, installation and testing/commissioning and any other services such as provision of technical assistance, training and such obligation of the contractor covered under the Contract Origin means the place where the goods are mined, grown or produced or from which the ancillary services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembling of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility of the from its components. 3.0 INTERPRETATION 3.1 In interpreting these Conditions of Contract, singular also means plural, male also means female, and vice-versa. Headings and cross-references between clauses have no significance. Words have their normal meaning under the language of the Contract unless specially defined. 3.2 The Contract Documents are to be taken as complementary and mutually explanatory of one another and what is called for by any one shall be as binding as if called for by all. 4.0 LANGUAGE AND LAW 4.1 "English" shall be the language of the "Contract Agreement" including all correspondences. 4.2 The validity interpretation and implementation of the Contract shall be governed by the laws of People s Republic of Bangladesh. 5.0 CONTRACTOR S LAIBILITY All liabilities in understating the work including all risks and costs be solely with the contractor. Biman authority will have no liability whatsoever except payment of bills as per payment terms on satisfactory work performed by the contractor. The contractor shall be liable for any damages due to faulty equipment/machinery and works. 6.0 PERFORMANCE BOND No later than 10 (ten) days from the date of issue of letter of intent/work order and before signing of the contract the Contractor shall furnish a Performance Bond in the form of Bank Guarantee as per Proforma approved by the Owner which will be payable at Dhaka in relevant currencies issued by a schedule Bank doing business in Bangladesh for a account not less than 5% (Five) of the total contract price for the work as a security deposit for the faithful performance of the contract which will remain valid notwithstanding variations, alteration or extension of time that may be given or agreed upon. The guarantee is unconditional and it is expressly understood that the sole judge for deciding whether the contractor has performed the contract and fulfilled the terms and conditions of the contract will be Owner or his authorized agent. Page-11

14 The validity of the Performance Bond shall be clearly stated in the Bank Guarantee and the validity may be extended at the request of the Owner before the expiry of the bond at no cost of the Owner. In the event of failure or default of the part of the contractor in carrying out the contract as per terms and conditions, the Owner shall confiscate full amount of the performance bond or portion thereof after enchasing the bank guarantee. If however, the contractor becomes successful afterwards within due notice period and complete the work satisfactorily, in that case the bond amount shall be refunded but penalty calculated as liquidated damage as per provisions of the contract shall be recovered from the contractor s outstanding claims. No claim shall be entertained for the interest on the bond deposited. 7.0 NO CLAIM ON ACCOUNT OF FLUCTIOTAION It may be clearly understood by the Contractor that no claim on account of any fluctuations of prices of materials, due to increase in market rates, re-fixation of rates by the Government freight, taxes, etc will be entertained. 8.0 TERMINATION (a) This Agreement may be terminated by Biman Bangladesh Airlines Ltd. on reasonable grounds by giving 01 (one) month notice in writing to the Contractor and in the case of termination under this clause the Contractor shall submit their bills for work done up to the date of termination of the Agreement and such bills will be paid to the Contractor within reasonable period of time of submission of the bills by following payment terms of the Special Conditions of Contract. (b) In case the Contractor fails to maintain proportionate progress of works as per time schedule given with the work order the Owner in addition to any other right given to him by this contract may require the Contractor by notice to achieve the target of the time schedule within a reasonable time from the date of issuance of such notice. On failure of the contractor to achieve the said target within the time allowed, the Owner any terminate the contract by issuing 01 (one) month notice in writing to the Contractor. Such action shall be final and binding on the Contractor resulting in forfeiture of full amount of performance guarantee and security deposit. 9.0 ASSIGNMENT AND SUB-LETTING The Contractor shall not assign the Contract or any part thereof of any benefit or interest therein or there under (other than a charge in favor of Contractor Bankers of any money due or to become due under this contract) without the prior written consent of the Owner CONTRACTOR SUPERINTENDENCE The Contactor shall give or provide necessary superintendence during the execution of the works and as along thereafter as the Engineer-in-charge may consider necessary for the proper fulfilling of the Contractor's obligations under the contractor. A competent and authorized representative of the Contractor is to be constantly on the works and shall give his whole time to the superintendence of the same. Page-12

15 11.0 CARE OF WORKS Form the commencement of the work the Contractor shall take full responsibility for the care thereof and all temporary works and in case any damage loss or injury shall happen to the work or to any part thereof or to any temporary works from any cause whatsoever shall at his own cost, repair and make good the same so that at completion the works shall be in good order and conditions and in conformity with the Engineer-in-charge's instruction CONTRACT TO INDEMNIFY THE OWNER AGAINST INJURY LOSSES ETC. The Contractor shall (except in and so far as the specification provides otherwise) indemnify and keep indemnified the Owner against all losses and claims for injuries or damage to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the works and against all claims, damages, demands, proceeding, costs charges and expenses, whatsoever in respect of or in relation thereto GIVING OF NOTICE AND PAYMENT OF FEES The Contractor shall give all notices and pay all fees required to be given or paid by any Notional or State statute, ordinance or law or any Regulation or Bye-law of any local or other duly constituted authority in relation to the execution of the work or and of temporary works, if any, by the rules and regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the works or any temporary works DEFAULT OF CONTRACTOR IN COMPLIANCE In case of default on the part of the Contractor in carrying out such order as stated in the Tender, the Owner shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be borne by the Contractor and shall be recoverable from him by the Owner or may be deducted by the Owner from any money due or which may become due to the Contractor SUSPENSION OF WORK The Contractor shall on the written order of the Engineer-in-charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-incharge may consider necessary and shall during such suspension properly protect and secure the works so far as is necessary in the opinion of the Engineer-in-charge. The extra cost (if any) incurred by the Contractor & no extra payment will be made for it. Page-13

16 16.0 NO COMPENSATION IN RESTRICTION OF WORK TO BE CARRIED OUT If at any time after the commencement of the work the Owner, shall for any reason what so ever in nature, do not require the whole of the work or part thereof as specified in the offer, to be carried out, the Engineer-in-charge shall give notice in writing of the fact to the Contractor who shall promptly stop the work immediately and/or do not perform the work. The contractor have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from execution of the work in full but which he did not derive in consequence of the full amount of the work not having been arrived out, neither shall have any claim for compensation by reason of any alteration having been made in the original specifications, drawing designs and instructions which shall involve any curtailment of the work as originally contemplated FAILURE OF THE CONTRACTOR (a) If the Contractor fails to commence the work within the specified time or does not comply with the instructions of the Engineer-in-charge or in opinion of the Engineer-incharge is not co-operative and has failed to attain/maintain satisfactory progress of works, the Owner with the recommendation of the Engineer-in charge- may terminate the Contract at 01 (one) month notice. No compensation shall be allowed to the Contractor for termination. Rather the Contractor may be penalized by the Owner with the recommendation of the Engineer-in-charge who may recommend to the Owner for termination of the Contract or penalty or both any time during the progress of works. Such decision shall be final and binding on the Contractor. (b) (c) (d) (e) (f) The penalty shall be recovered by the Owner from the outstanding dues of Contractor or his Security Deposit. The penalty may also be in terms of forfeiture of constructional and other materials and constructional plants and equipment of the contractor. The Contactor upon receiving the notice of termination shall not remove from the site any metals, plant or equipment without the written approval of the Owner, any violation thereof will be treated as a breach of Contract and legal action will follow. The owner with the recommendation of the Engineer-in-charge may got the incomplete works complete by Engineering departmental labors or through separate agency at the and responsibility of the original contractor in case of termination of the contract or even during the tenure of the Contractor, or if in the opinion of the Engineer-in-charge the contractor's performance is poor and Contractor is not co-operation. If the contractor suspends the progress of work for more than fifteen consecutive days during execution of the work because of insolvency or any other reason other than force majored the Owner may have the remaining works done by other means giving or notice to the contractor and forfeiting Security deposit. The Owner may cancel the work order if the contractor abandoned the project, without permission, adequate reasons or explanation for a period of 15 days or more. In such case the Security deposit money in hand shall be forfeited. Page-14

17 18.0 SETTLEMENT OF DISPUTE In case of dispute between the authority & contractor the matter may be referred to the Director, Administration, Biman Bangladesh Airlines Ltd, who shall be the authority and his decision shall be binding upon the authority and contractor to this agreement. However, if the decision of the Director Administration of Biman Bangladesh Airlines Ltd. is unacceptable to one of the parties, the issue may be settled by Arbitration ARBITRATION 20.1 In case there is a dispute regarding the subject matter of the Contract not settled amicably, the Contractor or Employer may refer such dispute for Arbitration. The Arbitration shall be conducted as per latest Arbitration Act. The decision of the Arbitration shall be final and binding upon the parties Works under the Contract shall be continued by the Contractor during the arbitration proceedings, unless otherwise directed in writing by the Employer or unless the matter is such that the Works cannot possibly be continued until the decision of the arbitrators is obtained. No payment due to payable by the Employer shall be withheld on account of such arbitration proceedings, unless it is the subject matter or one of the subject matters thereof. 21. FORCE MAJEURE Neither party shall be responsible nor have any liability one to the other in respect of failure of or delay in performance by one party hereunder if such failure is due to any causes which are not reasonably within the control of the affected party, including in particular but without limitation, acts of God, strikes/hartal(s) or lockouts organized at a national level, wars, earthquakes, fires, floods, explosions, hurricanes, restraints by governments, civil disturbance and orders, laws or proclamations by government. Authorized Signature Biman Bangladesh Airlines Ltd. Page-15

18 E. SPECIAL CONDITIONS OF CONTRACT 1. The factors related to considering any tender as being rejected or non-responsive have been detailed in several clauses in the Instruction to parties (ITT) and the parties shall be required to pay particular attention to those. However, some of the major factors leading to rejection/nonresponsiveness of tender are highlighted below for convenience of the parties. (a) Late submission of tender. (b) Tender not signed/submitted by duly authorized person. (c) Non-compliance to submit tender submission sheet as per tender requirement. (d) Non-compliance with requirement of validity of tender. (e) Non-compliance to submit tender earnest money as per tender requirement. (f) Failure to meet the qualification criteria (ITT- 13) (g) Non-acceptance with work completion schedule. (h) Failure to quote tender price as per tender requirement. 2. The work will cover supply of the Biman Bangladesh Airlines Ltd. HSIA, Dhaka as specified in this contract schedule of work/scope of works and terms & conditions. 3. The contractor shall submit the list of technical personnel as per the Terms & Conditions who will be engaged in operation and maintenance job and shall submit full particular, Name qualification and experience to the authority for approval and should inform in writing any change of persons with necessary information mentioned above as and when required. 4. The contractor shall ensure smooth operation, thorough checking maintenance & servicing as suggested by manufacturers and satisfactory to the authority. 5. Defects, if any, observed shall be noted and details shall be reported by the contractor to the authority before rectification. 6. If the performance, behavior and activities of any personnel, working at site, stands against the interest of the authority the contractor shall be bound to withdraw that personnel immediately. 7. Addition, alternation and adjustment shall in no way be carried out by the company without prior consent in writing of the authority. 8. Any damage caused to the equipment due to miss-handling shall be compensated by the contractor. The extent of loss or damage for compensation shall be decided by DGM CMIS and that shall be final & binding on the company. 9. After completion of the works, the contractor shall submit the bill to the Engineering in Charge which will be examined by a competent authority and if the works are found in satisfactory condition. The payment of the bill will be made as per relevant terms & conditions. 10. The decision of DGMCMIS regarding the operation and maintenance and other works of the plant or system shall be final. 11. The contractor shall perform all the services under this contract in good faith and shall not be liable for failure to render services in the event of FORCE MAJEURE which shall mean and include acts of God, acts of public disturbance, war or such other caused over which it does not have any control. The contractor shall take and endeavor to maintain uninterrupted operation and maintenance of the equipment throughout the maintenance period. 12. Biman authority will not be responsible of any death or injury of the personnel during carrying, installation, commissioning, operation and maintenance of the system. 13. The operation and maintenance should not be stopped due to strike, labor unrest or any other issue of the contractor. In such cases the contractor shall find alternative ways to run the works as usual. Page-16

19 14. There will be an attendance register for the Engineers, Technicians and operators of the company to be kept in CMIS Deptt. or as decided by the authority where the persons shall put their signatures everyday showing their arrival and departure, thereby monitoring time of their arrival and departure. 15. The maintenance contract may be extended for further period by mutual agreement provided services rendered by the contractor are satisfactory. 16. Biman reserves the right to increase the quantity of work or to change/modify/ delete any item or any package/packages of work at its own discretion for which the contractor shall not be entitled to claim any compensation. 17. The contractor cannot deploy any employee of age below 18 (eighteen) years as per labor law. 18. Payment Terms: The successful bidder shall have to arrange all related things for supply and handover the project including all as a package in all respect. All costs will be borne by the bidder in this regard. Payment for supply of the project shall be done after completion of the works or as decided by the authority. A. All payments are subject to certified by the user department (CMIS). B. All payments shall be made after deductions of retention money and advances (if any). 19. Penalty for Delay 24.1 A (Two thousand) per day will be imposed for any delay to successful completion & handover the works In case the contractor fails to execute the work as per program or cause unnecessary delay of work or shows go slow attitude, the work order is liable for immediate cancellation and part of the work may be done by engaging another contractor or department resources and cost thereof plus 10% (Ten percent) over head will be realized from the contractor s bills. 20. Deputy General Manager (CMIS) of Biman may extend the time for completion of work at its own discretion or receiving application from the contractor for extension of time for any good reasons or due to any unavoidable circumstances or due to any addition or alternation in the work. 21. Bangladesh Biman reserves the right to increase the quantity of work or to change/modify or delete any item/items of work at its own discretion for which the contractor shall not be entitled to claim any compensation. 22. Biman Management reserves the rights to reduce the rate in case of under-specified work of any item and the contractor shall be binding to accept the rate of such item whatever is fixed by the management. Page-17

20 23. The contractor shall be fully responsible for any kind of accident, fault or otherwise damage caused while executing the work to himself, his staff or any third person. In all such cases, compensation payable to the claimant, as per rules, shall be on the contractor s account and the responsibility for any damages of building, road, fencing, enclosure, grass, cultivated land and/or any other property of the corporation or of any third party mending the damages at his own expenses and in the event of his refusing or failing to do so within the stipulated period the damages shall be required/replaced reinstalled and/or reconstructed by Biman Bangladesh Airlines without prejudice to its other rights remedies under the law of the land & deduct the cost and expenses so incurred there, from any such due or which may become due to the contractor. 24. Supply high-speed dedicated Internet connection with 115 mbps bandwidth, necessary equipment and related works must be completed by the successful bidder within 15 (Fifteen) days from the date of issuing of work order. 25. All tools, equipment, logistics, manpower required for the execution of the scheduled job, safely and timely, to be arranged by the contractor. 26. Original Tender schedule must be submitted with signature and seal of the bidder in every pages, along with original copy of schedule purchased money receipt (C.R.) 27. All submitted documents must be numerically serial showing total number of sheets, each sheet must be signed. 28. The successful bidder shall have to arrange permissions/clearances/noc s (If needed) from any authorities to install the products. Authorized Signature Biman Bangladesh Airlines Ltd. Page-18

21 F. PARTICULAR CONDITIONS OF CONTRACT 1. Name of Employer/Owners : Biman Bangladesh Airlines Ltd. Balaka Bhaban, Kurmitola, Dhaka. 2. Name of the Project : Invitation of Proposal for Backup Internet Connection for Biman Bangladesh Airlines Ltd. 3. Location : Head Office Balaka, HSIA, Kurmitola, Dhaka 4. Name of Engineer : Biman's Authorised Representative from CMIS Deptt. 5. Qualification of contractor's Representatives at site : Minimum 01 (One) Graduate Engineer having minimum 08 (Eight) years experience to implement the products as per BoQ. 6. Experts/Engineers : Vendor shall have to engage any expert/ engineer for testing & commissioning. All the costs in this regard will be borne by the contractor. 7. Earnest Money : 2.5% of quoted price in the form of Bank Draft/Pay Order/Bank Guarantee. 8. Performance Bond : Performance 5% (Five) on quoted price (refundable) in the form of Bank Guarantee in favor of Biman Bangladesh Airlines Ltd. is must be submitted by the successful bidder within 10 (Ten) days from the date of receipt of the Letter of Intent for a valid period of minimum 120 days beyond the date of issue of the Certificate of Completion of Works. Biman reserves the right to encash/forfeit the earnest money of the bidder incase of failure by the successful bidder/tenderer to execute timely submission of performance bond. Earnest money cannot be converted to Performance Bond. Earnest money will be refunded after receiving the Performance Bond. 9. Date of award of work : Date of work order in writing to commence the work. 10. Date of execution of Agreement: Within 15 (fifteen) days from the date of issuance of letter of Intent for the work. 11. Time for completion of installation, testing & commissioning, migration & maintenance by supplying all foreign items : Within 15 (fifteen) days after issuance of work order. Page-19

22 13. Penalty for Delay to handover the products : Tk. 2, (Taka two thousand) per day of delay to successful completion & handover the works. Maximum penalty for delay shall be 10% (Ten percent) of the contract price. 14. Payment Mode : After successful supply, installation, testing, Commissioning of the project as per schedule of works or as decided by the Biman authority. 15. Retention Money : 10% of each bill would be deducted as retention money money from each bill and would be refunded after successful completion of warranty period. 16. The bidder will be entirely responsible for all applicable taxes, duties, levies, charges, license fees in connection with delivery of products at site. 17. Bidders must include manufacturer part numbers for all items. Failure to provide manufacturer part numbers will negatively affect the Bidder s score. Authorized Signature Biman Bangladesh Airlines Ltd. Page-20

23 G. FORM OF AGREEMENT THIS AGEEEMENT made on this day of between Biman Bangladesh Airlines Ltd., represented by its Balaka, Kurmitola, Dhaka (hereinafter called "THE EMPLOYER") of the one part and M/S (hereinafter called "The Contractor") to the other part. WHEREAS the employer is desirous that works viz: Supply high-speed dedicated full-duplex internet connection with minimum 115 Mbps bandwidth and necessary equipment, Installation, Testing, Commissioning of Network Cabling and related works at Balaka & Hangar complex of Biman Bangladesh Airlines Ltd., Kurmitola, Dhaka and has accepted a Tender by contractor for the completion and maintenance of such works, NOW THIS AGREEMENT, WITHNESSETH 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 hereinafter referred to. 2. The following documents shall be deemed to form and the read and construed as part of this agreement, viz. a) Notice Inviting Tender b) Tender Submission Sheet c) The Instruction to Tenderers d) The General Conditions Of Contract e) The Particular Conditions Of Contract f) The Schedule of Works g) Technical Specification h) The Relevant Correspondences, if any. 3. In consideration of the payments to be made by the Employer to the contractor as herein after mentioned the contractor hereby covenants with the employer to construct, complete and maintain the works in conformity in all respects with the provisions of the contract. 4. The Employer hereby convents to pay the contractor in consideration of the construction, completion and maintenance to the works the contract price at the times and in the manner prescribed by the contract. Page-21

24 5. TERMINATION: (a) This Agreement may be terminated by Biman Bangladesh Airlines Ltd. on reasonable grounds by giving 01 (one) months notice in writing to the Contractor and in the case of termination under this clause the Contractor shall submit their bills for work done up to the date of termination of the Agreement and such bills will be paid to the Bidder within reasonable period of time of submission of the bills. (b) In case the Bidder fails to maintain proportionate progress of words as per time schedule given with the work order the Owner in addition to any other right given to him by this contract may require the Contractor by notice to achieve the target of the time schedule within a reasonable time from the date of issuance of such notice. On failure of the contractor to achieve the said target within the time allowed, the Owner may terminate the contract by issuing 01 (one) months notice in writing to the Contractor. Such action shall be binding on the Contractor and final, resulting in forfeiture of full amount of performance guarantee and security deposit. 6. ARBITRATION: If at any time any question, dispute or difference shall arise during the progress or after the completion of the work as to any matter or things arising under or out of the contract such difference shall not be ground for delay in the work but shall be immediately referred to Arbitrators so appointed by the parties shall appoint an umpire before entering into reference of the Arbitration. The Arbitration shall be conducted as per the provisions of latest Arbitration Act. Performance of the contract shall continue during the Arbitration proceeding unless the OWNER by order in writing order the suspension of the work or any part. IN WITNESS whereof the parties hereto have hereinto set their respect hands and seals they day year first above written Signature of contractor/tenderer Signature of Employer Address: Telephone: Witness: Witness: NOTE: This form of contract Agreement was be changed at the Convenience of the OWNER Before final Execution of the Agreement. Page-22