Nepal Telecom. Nepal Doorsanchar Company Limited Sealed Quotation No. NDCL/DWT-SQ 02/ For Supply and Delivery of Optical MODEM.

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Nepal Telecom Nepal Doorsanchar Company Limited Sealed Quotation NDCL/DWT-SQ 02/069-70 For Supply and Delivery of Optical MODEM January, 2013 Nepal Telecom Directorate of Wireless Telephone Chhauni, Kathmandu, Nepal Tel No: 977 1 4272781 Fax No: 977 1 4270521 Email: ntc.tpid@ntc.net.np Page 1 of 24

Table of Content SN Section Description Page 1 I Invitation for Sealed Quotation (ISQ) 3 2 II Instructions to Bidders (ITB) 4 3 III Conditions of Contract (COC) 12 4 IV Sample Forms 16 5 V Schedule of Requirement 19 6 VI Schedule of Prices and Quantity thereof(sop) 20 7 VII Technical Specifications 21 Annexes Name of Banks: 8 Page 2 of 24

SECTION I: INVITATION FOR SEALED QUOTATION (ISQ) Nepal Telecom invites sealed quotation for the Supply & Delivery of Optical MODEM. Those PDH Optical MODEMs support for Base Station backbone development for IP- CDMA, GSM, 3G and other applications such as Wi-Max and MSAN Networks where E1 channels and Ethernet data are required to send over the same fiber link, being provided by Nepal Telecom. A complete set of document may be available upon submission of NRs300/- (Rupees Three Hundred Only) and a written application by the interested supplier at the following address Nepal Telecom Directorate of Wireless Telephone (DWT), Chhauni Exchange Complex, Chhauni, Kathmandu, NEPAL. Tel : 977-1-4272782 Fax : 977-1-4272722 End of Section I: ISQ Page 3 of 24

SECTION II: INSTRUCTIONS TO BIDDER (ITB) Clause 1 (*) Composition of Quotation: The quotation shall comprise following documents and forms duly filled with date and signed by authorised person. a. Company registration certificate of the supplier. b. Tax registration and VAT registration of the supplier. c. Quotation Form (Sample form 1) d. Price Schedule duly filled with date and signed by authorised person. e. Clause by clause comments on Commercial Conditions and Technical Requirement. f. Detail Technical description and performance characteristics of the offered to be supplied. g. Manufacturer's authorization Letter. Submission of the above documents along with quotation is mandatory, without which, the quotation shall be rejected 2 Compliance Statements to Commercial Conditions & Technical Requirement: In the quotation, the supplier shall include clause by clause statement on Nepal Telecom s Commercial Conditions and Technical Requirements. In the statement of compliance, the supplier shall state: - a. FULLY COMPLIANT (FC) if goods and functions offered fully meet the requirement. b. "PARTIALLY COMPLIANT (PC)" if the goods and functions offered meet the requirement partially. The supplier shall state the reason why the offer is partially compliant. However, if the supplier is able to fulfill the specified requirement later, the time schedule for this shall be stated. In such cases, the supplier shall clearly mention the extent to which other requirements or specifications are affected. c. "NON COMPLIANT (NC)" if the goods and functions cannot meet the requirements. The supplier shall also state reasons for it. Page 4 of 24

d. Compliance statements such as 'Agreed', 'Noted', 'OK' Tick mark & 'Understood' etc. shall not be acceptable. In case of absence or unclear statements of compliance for any specified requirement, Nepal Telecom will interpret that particular requirement as being "NON COMPLIANT" 3 (*) Quotation Price and Currency The Bidders shall quote in Nepalese currency on CIP Nepal Telecom Directorate of Wireless Telephone Store, Chhauni, Kathmandu basis and payments will be made accordingly. This price shall be inclusive of taxes/duties such as VAT, Local Development Tax, Custom Duties, and Security Tax etc. applicable in Nepal. Bidder must submit up to date firm/company registration certificate and Tax clearance certificate from Government of Nepal. 4 (*) Quotation Security 4.1 The quotation must be accompanied by an Original Bank Voucher of 2.5% of bid price cash deposited in favour of Nepal Telecom at Nepal Investment Bank, Durbarmarg Kathmandu Account No: 001 0101 006 22 31 of Nepal. OR, Quotation security shall be issued by Commercial Bank of Nepal. The Validity of such quotation security shall be 180 days from the date of opening of the quotation,i.e Aug 18,2013. 4.2 The securities of all the bidders will be discharged upon signing of the contract and after furnishing the performance security by the successful bidder, pursuant to Clause 1 of Section III: Conditions of contract (COC). 4.3 The security shall be forfeited (a) If the bidder withdraws its Quotation during the period of Quotation validity specified by the Bidder on the Quotation Form; OR (b) If the bidder, having been notified of the acceptance of its Quotation by the Nepal Telecom during the period of Quotation validity, either fails or refuses to sign the contract agreement within fifteen (15) days from the date of issuance of letter of intent (LOI); or fails or refuses to furnish the Page 5 of 24

Performance Security in accordance with clause - 1 of Section III: (c) Conditions of Contract (COC). 5 (*) Validity of Quotation Quotation shall remain valid up to 150 days from the date of opening of the quotation,i.e. July 19, 2013. Quotations, not valid until the date mentioned above, shall be rejected. 6 Formats, Sealing, Marking and Signing of Quotations 6.1 The Bidders are required to submit the Quotations in single envelope sealed properly as follows: (a) 1st envelope with seal and marked as "Original", shall contain originals of the documents as mentioned Clause 1 of Section II: ITB. (b) 2nd envelope with seal and marked as "Copy", shall contain copies of the documents as mentioned Clause 1 of Section II: ITB In the event of any discrepancy between original and copy document, the original hard copy document shall prevail. 6.2 The original and the copy or copies of the Quotation shall be typed or written in indelible ink and shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. All pages of the Quotation, except for un-amended printed literature, shall be initialed by the authorized person or persons signing the Quotation. But, the pages containing conditions of contract and technical compliance statement shall be signed and stamped with official seal by the bidder (authorized person). Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the authorized person or persons signing the Quotation. a) The inner and outer envelopes shall be addressed to the Nepal Telecom at the following address: Page 6 of 24

The Director, Nepal Telecom (Nepal Doorsanchar Company Limited), Directorate of Wireless Telephone, Chhauni, Kathmandu, NEPAL. Tel. : 977 1 4272782 Fax : 977 1 4272722 b) Bearing Invitation for Sealed Quotation for Supply and Delivery of Optical MODEM. with all Accessories and the words Do Not Open Before Opening Date i.e. 2013 and indicate the name and address of the bidder to enable the Quotation to be returned unopened in case it is declared LATE 7 (*) a) Deadline for Submission of Quotations: The quotation must be received with Sample by the Nepal Telecom at the address specified above not later than 11: 45 A.M. on Feb 20, 2013. However, if the submission date is declared to be public holiday, the submission date will be postponed for the next working day at the said time. b) Late Quotations Any quotation received by Nepal Telecom after the date and the time of submission of Quotations pursuant to above Clause 7 a) shall be rejected. 8 Opening of Quotations: Nepal Telecom will open quotations, in the presence of supplier s representatives who choose to attend at 12:00 noon on Feb 20, 2013 at the Nepal Telecom, Directorate of Wireless Telephone, Chhauni Exchange Complex, Chhauni, Kathmandu, Nepal. In case, the Quotation opening date happens to be an official holiday, the Nepal Telecom will open the Quotations in the following working day. The bidder representatives who are present shall sign a Quotation opening checklists evidencing their attendance. Page 7 of 24

Nepal Telecom shall prepare minutes of the opening. 9 Quotation Evaluation and Award Criteria 9.1 Preliminary Examination 9.1.1 Nepal Telecom will examine the quotations to verify whether the quotation is valid & complete, whether the Quotation is accompanied by original bank voucher, whether any computational errors have been made and whether the documents have been properly signed. 9.1.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price which is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price will be corrected. If there is a discrepancy between words and figures, the amount in words will prevail. If the Supplier does not accept the correction of the errors, its Quotation will be rejected, and its Quotation security shall be forfeited. The Nepal Telecom reserves the rights to award the tender to the next lowest Bidder or may go for re-tender whichever is convenient 9.1.3 Nepal Telecom may waive any minor informality, nonconformity, or irregularity in a Quotation, which does not constitute a major material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder but Quotations with any deviations to the clauses marked with asterisk (*) shall be considered as major deviations and the Quotation with such major deviations shall be rejected 9.1.4 Nepal Telecom will determine the substantial responsiveness of each quotation to certain critical provisions stipulated in the Nepal Telecom sealed quotation document. For the purpose of this clause, a substantially responsive Quotation is the one, which conforms to all the terms and conditions of the bidding documents without major material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Performance Security, Payment Terms, Applicable Law, Taxes and Duties, warranty, Delivery and the technical requirements marked with asterisk (*) will be Page 8 of 24

deemed to be major deviations 9.1.5 If a Quotation has one or more major deviations, it will be rejected by the Nepal Telecom and will not substantially be made responsive by the bidder by correction of the nonconformity. 9.2 Detailed Evaluation 9.2.1 Detailed evaluation shall be carried out for those Quotations, which are found to be responsive after preliminary examination as per above clause 9.1. Detailed evaluation shall be based on clause by clause compliance statements or comments on condition of contract and technical specification as well as technical details, catalogues, brochures etc. furnished by each bidder. 9.2.2 Once the Quotations are considered substantially responsive after detailed evaluation, all those responsive Quotations shall be judged from financial evaluation perspective only and no weight-age shall be given to other technical details or parameters or additional features and facilities of the offered products. 9.2.3 For evaluation of the Quotations, in addition to the Quotation price and other commercial and technical requirements, the following factors shall be taken into consideration for evaluation purpose: 9.2.3.1 If the offered quantity is not sufficient to meet the Nepal Telecom s requirement, required quantity will be loaded to fulfill the requirement and price will be adjusted accordingly taking into consideration the offered unit price of the same bidder. 9.2.3.1 If some required items are missing in the offer, then the highest price for such missing item(s) among the qualified bidder will be considered for evaluation purpose and loaded to bring all bidders in equal footing. However, if the bidder who misses/short supplies the required items happens to be the successful bidder, the missed/short supplied items shall be provided free of cost to the Nepal Telecom. If major items, without which the purpose of bidding will not be fulfilled, Page 9 of 24

are missing, the Quotation shall be considered non-responsive and shall be rejected. 10 Contract Award Based on evaluation as per above clause Nos. 9.1 and 9.2 of this section, the lowest evaluated priced Quotation among all responsive Quotations will be selected as the successful Quotation. As financial evaluation shall be done as per Clause 9.2.3, total evaluated price may differ from the price quoted by the bidder in it s price schedule. Financial comparison shall be based on Evaluated Price and not Offered Price. However, the final total contract price shall be finalized during contract negotiation with the successful bidder. Nepal Telecom will subsequently issue a Letter of Intent (LOI) to initiate negotiation between the bidder and Nepal Telecom. Upon successful negotiation, the Nepal Telecom shall award the contract to the successful bidder. 11 Nepal Telecom's Right to accept or reject any or all Quotations Not withstanding Clause 9, the Nepal Telecom reserves the right to accept or reject partially or fully any Quotation, and to annul the bidding process and reject all Quotations, at any time prior to award of contract, without thereby incurring any liability to the affected bidder, or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Nepal Telecom's action. 12 Nepal Telecom's Right to Vary Quantities The Nepal Telecom reserves the right at the time of award of contract to increase or decrease by up to twenty percent (20%) of the quantity of goods and services specified in the Schedule of Requirement without any change in unit price or other terms and conditions. 13 Signing of Contract After the receipt of the Letter of Intent (LOI) from Nepal Telecom, the successful bidder shall send its authorized representative within fifteen (15) days for contract negotiation and signing the contract. At the time of signing the contract, the Supplier shall submit a Performance Security in the form of bank guarantee or original cash voucher for five percent (5 %) of the amount Page 10 of 24

of the contract in Nepalese currency as that of the contract or equivalent in US$. Non-submission of performance security at the time of signing the contract may lead to the cancellation of the contract. 14 Bidder s Eligibility : 14.1 (*) Bidder s Eligibilty Bidder shall be manufacturer of the offered Optical MODEM or authorized by manufacturer of the offered Optical MODEM for the Supply and Delivery of offered Optical MODEM. Bidder shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by Government of Nepal. The Bidder and Manufacturer who are black listed or are under the process of being black listed shall not be eligible to participate this bidding process. The bid offered by such Bidder and Manufacturer shall not be considered for the bid evaluation. 14.2(*) Manufacturer s Authorisation Letters and Bidders Qualification Manufacturer Authorization If the Bidder is not a manufacturer of the offered goods, the Bidder shall submit the authorization letter from the manufacture of the offered goods in the format specified in Sample 3 If the Bidder itself is the manufacturer of the goods, then the bidder shall provide the proof of being the manufacturer and need not to provide the authorization for the equipment it manufactures. If the Bidder is not a manufacturer of the equipment non-submission of the manufacturer s Authorization Letter from the manufacturers shall result in rejection of the bid. End of Section II: ITB Page 11 of 24