nepal telecomeproc.ntc.net.np/eligibility/22506_6204_-bid-doc.pdf · nepal telecom tender no....

Nepal Doorsanchar Company Limited

Nepal Telecom

Tender No. NDCL/CC0-01/ 073-74

For Supply and Delivery of NT {Nepal

Telecom) Recharge Cards

Office of Chief Commercial Officer, Central Office,

June,2017 TEL:977-1-4210206 FAX: 977-1- 4258233

Bhad rakali Plaza, Kathmandu, Nepal

E-mai l: [email protected] et.np Website: http://www.ntc.net.np

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NEPAL TELECOM


Table of Contents

Abbreviations and Acronyms (Commercial)

AMS ..... ... .... .... ................ ........... . Annual M ain tenance Service

AT. ... ....................... ........ ............ Acceptance Test

COC ...................................... ..... Condit ions of Contract

DCC

FAC

FAT

FC .......................................... .

GoN .......................................... ..

IFB .. .......... ....... ....... ................ .

INB ..... ............. ...... ................... ..

ITB ................. ... ....... ... ......... .. .... .

SMD .......................................... .

LOA ... ....................................... . .

l 01 .. .. .............. .......... ............... .

MMD ................. ..... ................. ..

WSD ........... ... ..... ..... ......... ......... .

NC ...... .. .......... ... .................... ..

NT .......... .. ......... .... ............ ...... . .

PAC

PAT

Delivery Completion Certifi cate

Final Acceptance Certificate

Fina l Acceptance Test

Fully Compliant

Government Of Nepal

Invitation For Bids

Important Notice to Bidders

Instructions To Bidder

Switching Maintenance Department

Letter of Accept ance

Letter of Intent

Material Management Department of Nepal Telecom

Wireless Servi ce Directorate

Not Compliant

Nepal Telecom

Provisional Acceptance Certificate

Provisional Acceptance Test

PC ...................... ............ ......... Partially Compliant

PoC .............................................. Proof of Compliance

POC ......................... .................... Proof Compliance Visit

PPMO............. ..... ...... ...... ...... .... ... Public Procurement Monitor ing Office

SOP.. ... .................................. .... Schedule of Prices

SOR ..... ... ......... .. ..... ............... ... . Schedule of Requirement

TDS ............................................. . Tax Deducted at Source

VAT.. .......................... ................ Value Added Tax

WCC ....... .............. ................... Warranty Completion Certificate

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NEPAL TELECOM Nepal Doorsanchar Company Limited

Glossary of Terms Used in this Document (Commercial)

Bidder: Bidder is a person or an entity who submits the bid document under this tender.

Blacklisting: It is enlisting or including the name of a person, affi rm, or a company in a list seen as unacceptable or untrustworthy. Once the name is included in such a list, the person or the company is looked by suspicion and may not be allowed to participate in a bidding process.

Bid Price: The price quoted by the Bidder in Bid Form.

Bill of Quantities: The Priced and completed Bill of Quantities forming part of the Bid.

Contract: The Contract means the agreement entered into between the Nepal Telecom and the Supplier, as recorded in the contract agreement form signed by the par1 ies, including all amendments and appendices thereto and all documents incorporated by reference therein;

Contract Award: It is the decision of Nepal Telecom to give responsibility to execute a project through contract agreement signed with a successful bidder. The awardee is responsib le to execu te the contract as per the agreement made with Nepal Telecom.

Corrupt Practice: It is the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly t he action of the other party.

Contract Price: The total price of al l the goods and services included in the contract which will be payable to

the supplier on the fulfillment of all obligations under the contract.

Contract Document: The documents listed in the Agreement, including amendments thereto. Subject to the order of precedence set forth in the Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary and mutually explanatory

Corruption: It is the dishonest act ivity especia lly the involvement in bribery. Corruption in case of

construction projects is the action of the other party.

Completion: The fulfillment of t he related se rvices by the Suppl ier in accordance with the terms and

conditions set forth in the contract.

Corrected Bid Price: Bid price obtained after the arithmetical error correct ions

Delivery: The transfer of the Goods from the Supplier to the Purchaser in accordance with the terms and

cond itions set forth in the contract.

Day: The calendar day.

Evaluated Price: The total price obtained after the Financia l Evaluation.

Fraudulent Practice: It is a practice of gaining of a materials advantage dishonestly. It is a practice that is fa lse or impostor. It is any act or omission, including mis-representation that knowingly misleads or attrmpts

to mislead, a party to obtain a financial or other benefit or to avoid an obligation.

Goods: All of the goods, which the supplier is required to supply and deliver to the Nepal Te lecom under the

contract; T-en_d_e_r_N_o-.-N-DCL/cco-Oi7013-74 for Suppl~d M very of NT (Nepal Telecom)Recharge Cards

NEPAL TELECOM


Major Clause: Clauses marked with * are considered as major clauses.

Mandatory Clauses: Clauses with following statement are considered as mandatory Clauses:

" ... deviatiof on which shall result in rejection of the Bid"

" ... without which the IJid shall be rejected"

" ... deviation on which sho/l /eod Lo rejection of the Bid"

" ... shall be Jejected"

Nepal Telecom (NT): The purchaser, Nepal Doorsanchar Company Limited;

Purchaser: The organization purchasing the Goods, i.e. Nepal Telecom

Supplier: The Supplier means the ind ividual or firm supplying the goods under this contract;

Successful Bid~ The I Bid that substantially compl ies with the technica l, c:ommcrcia I, finan cial and Proo f of compliance {if Applicable) requirements o f the tender and determined to be the Lowest Evaluated Price.

Service: The services ancillary to the supply of the Goods, such as transportation and insurance, and any

other incidental serivices. such as installation, commissioning, provision of technica l assistance, training, warranty, Extended Warranty, AMC and other such obligations of the Supplier covered under the Contract.

Fully Compliant {FC} : If the offer of Bidder fully meets the Tender requirement.

Partially Compliant l{PC}: If the offer of Bidder meets the requirement partially. The bidder shall state the

reason why the otter is partially compliant. However, if the bidder is able to fulfill the specified requirement

later, the time schedule for this shall be stated. In such cases, the bidder shall clearly mention the extent to

which other requirer ents or specifications are affected.

Non Compliant (NC( If the offer of Bidder cannot meet the requirements. The

reasons for it I End of Abbreviations and Glossary

bidder shal l also state

Tender No. NDCL/ C0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Rccharge Cards 4


Section I: Invitation for Bids (If )

. Cl)

I


Section I: Invitation for Bids (IFB) Date: June 29, 2017

Tender No. NDCL/CC0-01/073-74

1. Nepal Telecom (Nepal Doorsanchar Company Limited) intends to purchase 840 Million PINs for Telecom

Postpaid and Prepaid Services. For th is purpose Nepal Telecom invites sea led bids for the Tender No. NDCL/CC0-01/073-74 for Supply and De livery of NT (Nepal Telecom) Recharge Cards.

Bidding is open to all eligib le Domestic Nepa lese Manufactu rer of Recharge cards for Telecom Services. The Domestic Nepalese Manufacturer, who meets the eligibil ity criteria, mentioned in the Clause No 16 of Section Ill: Instruction to Bidders (ITB) can participate in th is Tender.

The eva luation process sha ll consist of five (5) stages i.e. Preliminary Examina tion, Deta iled Technica l

Evaluation, Detailed Commercial Evaluation, Detailed Financial Evaluation and Proof of Compliance

(POC) Test. Responsiveness of the bids shall be determ ined by the Prel iminary Examination, deta iled Technical Evaluation and detai l Commercial Evaluation of the Bids. Financial Evaluation determines ranking of the bids based on the evaluated price. The bid found to be responsive with lowest evaluated price after the Financial Evaluation shall undergo POC test. The bid that completes POC test successfully shall be determined successful bidder. Please refer to Clause No. 17 of Sect ion Il l for more details in eva luation process.

Nepal Telecom intends to procure total 840 Millions PINs from two bidders under this Tender

Invitation. One 13idder wil l be awarded Contract fo r the supply of 60% PINs i.e. 504 Mill ion PINs and

another Bidder will be requested to provide remaining 40% i.e. 336 Million PINs at the price of Supplier

of the contract for 60% PINS. Another bidder may decline/d isagree the request without the risk of forfe iting its bid security. Please refer to Clause No. 17.8 of Section Ill: ITB.

2. Interested bidders may obtain further information from the office of:

Nepal Doorsanchar Company Limited (Nepal Telecom),

Office of Chief Commercial Officer.

Central office, Bhadr<ikali Plaza, Kathmandu, Nepal.

Te l. No. 977 1 4210206 Fax No. : E-Mail Website:

977 1 4258233 [email protected] . n p http://www.ntc.net.np or http://eproc.ntc.net.np

3. A complete set of bidding documents may be purchased by any interested bidder on the submission of

a written application to the above and upon payment of a non-refundable fee of NRs. 40,000.00 {Nepalese Rupees: Forty Thousand Only). The format of written application shall be as per Sample No. 11 of Section V.

4. The Bidder sha ll procure the Bidding document by themse lves or a person authorized by bidder from the office mentioned in Clause No. 2 of this section and shall use the same bidding document for the prepara tion of the Bid proposal (P lease refer to Sample no 11 of Section 5) . The Bid proposal from the Bidder without procuring the bidding document by itself (or a person authorized by Bidder) from the

office mentioned above shall not be accepted. Bidder shall submit copy of the receipt for the purchasing of the Bid Document obtained from the Nepal Telecom. The Bidder shall submit along

with the Bid Proposal the original Tender Document purchased from Nepal Telecom with duly filled compliance statement on each and every clauses of Section IV and Section VIII. The submit ted

original tender document shall be scaled with official seal of Bidder and signed by authoriz:~c~=~k,_

on each and every page. ._?-\..TEL~~

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If in terested bidder wishes to collect the document by courier service, additional NRs. 6,000.00 (Nepa lese Rupees: Six thousand only) will be charged to the bidder.

The account information for depositing the bid purchase amount is as follows:

Nepalese Currency

he Bank - Stand~~d Charte red Bank, Nepal ---~- ---1

I A/C ~o. l 0204~562601

5. Bids must be accompanied by a Bid Security of NPR 10,283,000.00 {In words: Nepalese Rupees: Ten Million Two Hundred Eighty Three Thousand only)

The bid security must be furnished by one of the banks listed in Annex-I List of The Approved Banks by Nepal Te lecom.

6. The Bidder may submit the bid security issued or counter guaranteed by the bank not listed in Annex-I

with Nepal Telecom's prior wri tt en consent. In such a case, bidder sha ll make a request to accept the bank other than listed in Annex-I, fifteen (15) days prior to deadline for the submission of bids. However, Nepal Telecom reserves the right to accept or reject the bidder's request without thereby incurring any

liability to the affected bidder or any obliga tion to inform or explain the affected bidder of the grounds for Nepal Telecom's aclion.

7. If bidder wishes to submit the Bid Security in the form o f cash, the cash should be deposited in Bank

mentioned in Clause No. 4 of this section and submit the receipt of the deposited amount of cash along with the bid .

8. Bid documents will be available in soft copy (in CD) as well as in hard copy. The offer shall also be provided in the hard copy (documentation form) as wel l as in the form of soft copy in CD (in Word, Exce l and PDF Format). Soft copy w ill be used for the easiness of bid preparation and for the easiness of bid evaluation only. In case of discrepancy between the two, the hard copy shall prevail.

9. E-Submission

9.1 The bidders may submit th eir bid through e-submission which is availab le in Nepa l Telecom cprocurement portal i.e. http://eproc.ntc.net.np. For e-submission, Bid documents will be available in Nepal Te lecom e-procurement portal (PDF Format). Please also refer to Clause No. Part-8 of Section II.

9.2 Fore-submission, bidder has to register in Nepal Telecom e-procurement portal. The registered bidder

has to procure the bid document and prepare the entire bid proposal in traditional way with sign and

sea l. The bidder has to scan all the documents as mentioned in Part-!3 of Section II in to pd/ format.

These softcopy (document) has to be uploaded in their respective place. For details please visit Nepal

Telecom e-procurement portal i.e. http:fLeproc.ntc.net.nQ.

9.3 The bidder has to submit following three (3) envelopes to Nepal Telecom within seven (7) days from the date of bid opening. Please also refer to clause 9.4 of Section Ill: Instructions to Bidders {ITB):

i. 1 st envelope with seal and marked as "Original", shall conta in original documents as per Part -

A of Section II: Important Notice to Bidders {!NB). ii. 2"d envelope with seal and marked as "Copy", shall contain copy documents as per Part - A of

Section II: Important Notice to Bidders {!NB) . iii. 3rd envelope w ith seal and marked as "Original Documents of e-Submitted Bid", shall contain

original documents as per Part-B of Section II: Important Notice to Bidders.

--Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Card


has submitted the bid electronically may submit the hardcopy before the bid submission dead line, on ly

if they submit the valid official letter requesting the withdrawal of the e-submitted bid proposal along with the bid.

9.5 The bidder who submits bids through e-submission sha ll submit the ORIGINAL COPY OF BID SECURITY at the time of Bid Opening. Non submission of Original Copy of Bid Security at the t ime of Bid opening shall result in the rejection of the Bid.

End of Section I: Invitation for Bids (IFB)


Section II: Important Notice to Bidders (INB)


Section II : Important Notice to Bidders (IN B)

The Bid prepared by the Bidder, and all correspondence and documents relating to the Bid exchanged by the Bidder and the Purchaser, shall be written in English language.

The bidder who submits bids through e-submission shall submit the ORIGINAL COPIES of documents under

Part-A and Part-B within seven (7) days from the date of 8id open ing. Please also refer to Clause No. 9 of section Ill.

Part A Bidders are requested to study the t ender document carefully. Original and Copy of the following documents shall be included in 151 Envelope and 2"d Envelope respectively. Please refer to Clause No. 9 of Section II I.

a) Compliance Statements (FC/PC/NC) on each and every clauses on Conditions of Contract and Technical Specifications of the Original Tender Document Purchased from Nepal Telecom including all Amendments and Clarifications issued by Nepal Telecom.

b) All pages of the Origina l Tender Document purchased from Nepal Telecom including the Amendments and Clarifications issued by Nepa l Telecom shall be signed by authorized person and

sealed with official seal of bidder. The Bidder shall submit the sealed and signed Original tender document in 151 Envelope. Please refer to Clause No. 9 of the Section Il l: ITl3.

All pages of the bid except for un-amended printed literature shall be initialed by the authorized person or persons signing the bid along with the official Seal of Bidder.

c) Detailed technical description and the performance chiHacteristics of the offered goods shall be included along with the bid document.

d) Bidders Eligi bility, Field proven-ness and Supply records of the offered goods as specified in Clause

No. - 16 of Section Ill: Instructions to Bidders (ITB).

All documents supporting as evidence for the clauses of eligibility of products shall be Authentic Documents (certificates with the letter head of the issuing authority duly signed with date by the authorized person, stamped with official sea l and with name, designation of the signatory in the letter) regarding Bidder's/Manufacturer's experience and field proven-ncss of offered System as mentioned in the Clause No. - 16 of Section Il l: Instructions to Bidders {ITB).

All the pages of the documents submitted under the Clause No. 16 of Section Ill shall be sealed and initialed by the person authorized to sign the bid proposal.

e) Quality Assurance Certificate ISO 9001 series as per Clause No. 16 of Section Ill.

f) Letter stating that the bidder is not cha rged of blacklist or ineligibil ity for co rrup t and fraudulent

practices by Government of Nepal.

g) Letter stating that the bidder is not having and not plan to have ownersh ip with competitors of Nepa l Te lecom in Nepa l un til the completion of al l the con tractual obligations.

h) Letter stating that the bidder is not having conflict of Interest as per the Clause 16.6 of Section Ill:

IT8.

i) Self declaration letter regarding the authenticity of the submitted documents.

Part B

NEPAL TELECOM


The Original Copies of the following documents shall be submitted by the bidders for bid opening

purpose, without which the bid shall be rejected. The Bidder shall also furnish the original copies of thee

submitted documents within 7 days from the date of bid opening. The original copies and scan copies, if

varies, the varied documents are considered to be invalid and not considered for evaluation.

a) Bid Form duly signed with date by the authorized person and stamped with official sea l as per Sample Form No. - 1 "13id Form" of Section V enclosed in the bid document.

b) Bid Security furnished in accordance with Clause No. - 7 of Section Ill: Instructions to Bidders (ITB) and as per Sample Form No. - 2 "Bid Security Form" of Section V enclosed in the bid document.

c) Schedule of Prices (SOP) duly filled and signed with date by the authorized person and stamped with official seal in accordance with Section VII: Schedule of Prices (SOP).

d) Manufacturer's Authorization Letter as specified in Clause No. - 16 of Section Ill: Instructions to Bidders (ITB) i f the Bidder is not a manufacturer of offered goods. (Not Applicable for this tender)

e) Joint Venture (JV) or Consortium agreement between all the members of JV or Consortium (if Applicable)

f) The Power of attorney and signature specimen of the authorized person in a separate sheet sha ll

be submitted along with the Bid.

g) Lette r of Discount-In case, the bidder wishes to offer any sort of discount on goods, services, inland delivery, such letter of discount app licable to the main offer shall be attached to the 3'" Envelope "Documents for Bid Opening". The offered discount will not be considered for evaluation of bid if such letter is not attached with bid opening document. Any sort of cond it ions for discount sha ll not be entertained but such discount shall be proportionately absorbed in the unit price of all the goods, services and inland del ivery at the time of contract and shal l remain va lid and applicable in all subsequent purchases on later dates as mentioned in clause no. 6.8 of Section Ill: ITB. The offered discount shall also be used for the evaluation and loading/Adjustment purpose. The discount letter attached in the 151 Envelope "Original" and 2°d Envelope "Copy" shall not be conside red.

Part C

In order to simplify the process of Bid opening and also to economize the time consumed during the Bid opening, the Bidders are required to submit the above documents mentioned in Part -B in a separate sealed envelope marked as "DOCUMENT FOR BID OPENING". Otherwise, the bidder shall be fully

responsible for the probable consequences that may result therein after.

Part D

Important Clauses in Conditions of Contract and Technical Specification

(a) The bid shall be rejected if the bidder fails to fully comply with clauses related to Performance Security

as per Clause No. 4 of Section IV: Conditions of Contract (COC).

(b) The bid shall be rejected if the bidder fa ils to fully comply with the clauses related to Delivery (Installation and Commissioning if applicable) (Clause No. 5) of Section IV: Conditions of Contract

(COC).

(c) The bid shall be rejected if the bidder fails to fully comply with the clauses related to Warranty (Clause

No. 6) of Section IV: Condi lions of Contrac1 (COC).

(d) The bid shall be rejected if the bidder fails to fully comply with clauses related to Paymen

Clause No. 7 of Section IV: Conditions of Contract (COC).

Te~d~ NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Cards

NEPAL TELECOM


(e) The bid shall be rejected if the bidder fails to fully comply with clauses related to Applicable Law as per Clause No. 10 of Section IV: Conditions of Contract.

(f) The bid shall be rejected if the bidder fails to fu lly comply with cluuses related to Taxes and Duties as per

Clause No. 11 of Section IV: Conditions of Contract.

(g) [3id with any deviation in the major clauses marked with asterisk (*), shall be rejected.

(h) For more detailed informat ion on bidding document preparation process, process of evaluation and

determina tion of successful bidder and other processes, please refer to Section Il l: Instruct ions to Bidder

(ITB)

Part E

Technical Compliance Statement

In order to assist the evaluation process, the bidders shall mention the relevant clause No., page No.,

chapter/section/volume of the offered bid document and/or the brochure and catalogue, wherever

applicable, for the purpose of verification of the ir technical compliance statement.

End of Section II : Important Notice to Bidders (INB)

NEPAL TELECOM


Section III: Instructions To Bidders (ITB)

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NEPAL TELECOM


Section Ill: Instructions To Bidders {ITB}

1 Cost of Bidding

The bidder shall bear al l cost associated with the preparntion and submission of its bid, and the Nepal Te lecom will in no case be responsible or liable for those costs, regardless of Lhe conduct or outcome of the bidding process.

2 Bidding Document

2.1 The goods/ services required, bidding procedures and conditions of contract are prescribed in the

bidding documents. In addit ion to the Invitation fo r Bids, the bidd ing document sha ll include:

a) Instructions to Bidders (ITB)

b) Conditions of Contract (COC) c) Schedule of Hequirements (SOR) and Schedule of Price (SOP) d) Technical Specifications e) Bid Form and Price Schedules f) Bid Security Form g) Contract Form

h) Performance Security Form

i) Manufacturer's Authorizat ion Form (Not Applicable for this tender)

j) Addendum/Clarifications issued in accordance with Clause No. 3 and 4, if any.

The bidder is requi red to examine all Ins tructions, commercia l terms and conditions, forms, technical specifications, schedu le of requirements etc. as included in the bidd ing document. Fai lure to furnish al l information as required by the bidding documents or submission of an incomplete and/ or partially quoted bid will remain at the bidder's risk and may result in the rejection of its bid.

The bidder sha ll be du ly authorized by the producer or manufacturer of the goods to supply the goods in Nepal, in case the bidder did not manufacture or otherwise produce it (Not Applicable for this

Tender).

3 Clarification of Bidding Documents

3.1 A prospective bidder requiring any clarification of the bidding documents may noti fy the Nepal Telecom

in writing at the mailing address indicated in the invitation for bids. The Nepal Telecom will respond in wri ting to any request for clarification of Lhe bidding documents received not later than Fifteen (15)

days prior to the deadline for the submission of bids. However, the Bidders are advised to notify Nepal Telecom about the issues and queries observed in the Tender Document prior to Pre-Bid Conference.

Written copies of the Nepal Telecom's response (including an explana tion of the query but w ithout identifying the source of the inquiry) will be sent to all prospective bidders who have purchased the bidd ing document.

Non submission of queries within the time stipulated as above shall be considered as acceptance by

Bidder for all the Tender Document's terms and conditions as interpreted by Nepal Telecom.

3.2 Pre-Bid Conference Based on the contents and volume of the queries, Nepal Telecom may conduct Pre-Bid Conference in order to clarify issues and queries raised by bidders. Bidders are advised to read the tender document carefully and notify Nepal Telecom about issues and queries observed in Tender Document (if any) prior to Pre··Bid Conference. The Prc-l3id Conference shall be held Twenty One (21) days after the Tender Published date. All the bidders who have purchased the bid document from the Nepal Telecom or from the e-Q nl sha ll be eligible to participate in Pre .. 13id Conference. If Nepal Telecom decides to c . . ~LP'~~

Conference, all the eligible bidders are invited for the Pre-Bid Conference. The number of · i;t~· .. i \, ~··

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT {Nepal Telecom) Recharge Cards ~".- ~· ] ~"<)" ... " ' ~/orsaocl\•'t,;-.~~ o1n,,, Ka\'1111'

NEPAL TELECOM


from each bidder organization shall not exceed four (4). Exact date, venue and time of Pre-Bid Conference shall be notified to bidders at appropriate time. Nepal Telecom sha ll response to issues and queries ra ised

during the Pre-Bid Conference as per clause no. 4 of this section.

4 Amendment of Bidd ing Document

4.1 The Nepal Telecom, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, may issue clarification and corrections seven (7) days prior to the deadline fo r the submission of bids.

4.2 Such cla rif ications and correct ions wi ll be notified in wri t ing to all prospect ive bidders who have purchased the bidding documents. Inclusion of such clarification and corrections w il l be binding on them.

4.3 In order to provide bidders reasonable time in which to take the amendment into account in preparing their bids, the Nepal Telecom may at its discretion extend the deadline for submission of bids.

S Composition of Bid Document

The bid documents sha ll comprise documents and forms du ly fi lled w ith date and signed by authorized person as mentioned in the Section I: ' Important Notice to Bidders'.

5.1 Submission of t he following documents and forms along with bid document are mandatory, without which, t he bid sha ll be rejected. For thee-Submission please refer to Clause No. 9 of Section I: IFB.

a) Bid Form (Sample fo rm No. - 1) in accordance with Section V: Sample Forms; du ly filled with date and signed by authorized person.

b) Bid Security furn ished in accord ance with Clause No. - 7 of Section Il l: Instructions to 13idders (ITB)

and the Bid Security Form (Sample form No. - 2) Duly filled w ith date and signed by authori zed person.

The bidder who submits bids through e-submission shall submit the Origina l Copy of Bid Security at the time of Bid Opening. Non submission of Original Copy of Bid Security at the time of Bid open ing shall result in the rejection of the Bid.

c) Schedule of Prices (SOP) in accordance with Section VII and Clause No. - 6 of Section Il l: Instruct ions to Bidders (ITB) du ly fi lled with date and signed by authorized person.

d) Manufacturer's Authorization Letter (as per Sample form No. - 3 of Section V): Manufacturer authorization is not applicable for this tender. However, necessary document that proves the Bidder

being a manufactu rer of the offered goods sha ll be submitted by Bidder. (Please refer to Clause No. 16 of Sect ion Ill: ITB) (Not Applicable for this Tender)

e) The Power of attorney and Signature specimen of the authorized person in a separate sheet shall be submitted along with the Bid.

f) Joint Venture (JV) or Consortium agreement between all the members of JV or Consortium (if

Applicable) (if Applicable)

g) Compliance Statemen1s on each and every clauses o f Cond ilions of Contract and Techn ica l Specifications including al l Amendments and Clorifications issued by Nepal Te lecom. [Pl ease also

refe r to Clause No. 9 of this Section].

h} Bidders Eligibility and Equipment Field Proven-ness of the offered System. (Please refer to Clause No. - 16 of Section Il l: Instructions to Bidders)

i) All the pages of the Tender Document includ ing the Amendm ents and Cla rificatio ns issued by Nepa l

Te lecom shal l be signed by authorized person and sealed with official seal of bidder.

j) Quality Assurance Certificate ISO 9001 series as per Clause No. 16 of Section Ill.

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NEPAL TELECOM


k) Letter stating that the bidder is not charged of black list or ine ligibi lity for corrupt and fraudulent

practices by Government of Nepal.

I) Letter stating that the bidder is not having and not plan to have ownership with competitors of Nepa l Te lecom in Nepa l until the comp let ion of al l the contrnctua l obligations.

m) Letter stating that the bidder is not having conflict of Interest as per the Clause 16.6 of Section Ill: ITB.

n) Self Declaration letter regarding the authenticity of the submitted documents

5.2 The Bidder shal l submit the above documents from (a ) to (f) in 3rd envelope sealed and marked as "Document for bid Opening" and remaining documents shall be enclosed in 1st envelope "Original" and 2nd enve lope " Copy" as mentioned in Clause No - 9: of Section Ill: Instructions to Bidders.

In case of e-submission, documents from (a) to (f) and other documents mentioned in Part-B of Section II shal l be enclosed in 3'd envelope sealed and marked as "Original Documents of esubmitted Bid".

5.3 Compliance Statements to Commercia l and Techn ical Requirement

a) In the offer, the bidder sha ll include clause by clause statement and sufficient documentation such

that the Nepa l Te lecom can validate the compl iance sta tements. In the sta tement of compliance, the bidder shall state:-

i. " Fully Compliant" If the offer of Bidder ful ly meets the Tender requ irement.

ii. " Partially Compliant" If the offer of Bidder meets the requi rement partially. The bidder sha ll

state the reason why the offer is partial ly compliant. However, if the bidder is able to fulfil l

the specified requirement later, the time schedule for this shall be stated. In such cases, the bidder sha ll clearly ment ion the extent to which other requirements or specifications are affected.

iii. "Non Compliant" If the offer of Bidder cannot meet the requ irements. The bidder sha ll also state reasons for it.

iv. Compliance sta tements such as 'Agreed', 'Noted', 'OK' , Tick mark, Do(") and 'Understood'

etc. shall no t be acceptable and shal l be considered " Non Complianr'

Bidders sha ll mention, along w ith the compliance statement, the relevant clause No., page No., chapter /section/volume of the offe red bid document and/or the brochure and cata logue, wherever appl icable, for the purpose o f verification of the commercia l and technica l compliance statement.

h) In case of absence or unclear statements of compl iance for any specified requirement, the Nepal Telecom wi ll interpret that particular requ irement as being "Non Compliant " .

c) If the bidder has stated 'ful ly comp liant' against commercial and technical clauses with comments

resulting in materia l deviation, such statement shall be considered as 'non compliant' .

d) If the bidder has stated partial ly or non compliant to some of the clauses, the successfu l bidder shall provide al l such requ irements and make the bid fully comp liant to all NT requirements at the t ime of

Contract Signing.

6 Bid Price and Bid Currency

The bidder sha ll quote the unit prices and total bid prices of the goods and services it proposes to

supply under the contract on the Schedule of Prices attached to th is document.

6.1 The Bidder sha ll quote the prices as under:

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Car


6.1.1 The price of the goods quoted EXW (ex works, ex factory as applicable), including all customs duties

and sa les and other taxes already paid or payable on the components and raw materia ls used in the

manufacture or assembly of goods quoted.

6.1.2 The price for inland transportation, insurance, and other costs incidenta l to delivery of the goods to

the ir final destination, if spec ified in the SOP of Section VII;

6.1.3 Value Added Tax appl icable in Nepal and payable on the Goods and services if the Contract is awarded to the Bidder shall be quoted. Bidder shal l submit VAT Registrat ion Certificate from Nepal Government .

6.2 The Bidder must submit up to date firm/Company registration certifica te and Tax clearance

ce rtificate from Government of Nepal.

6.3 The bidder shal l be responsible to pay w ithhold ing tax (TDS - Tax Deduction at Source) as per the

Income tax law of government of Nepal applicab le at the time of the paymen t.

6.4 The prices sha ll be fixed and will not be subjected to any va riation.

6.5 Any bid not submitted as per the Clause No. - 6.1 to 6.4 shall be rejected

6.6 The unit prices of all goods, services and inlnd Transportation (if App licable) shal l be quoted in

Section VII "Price Schedule". In the co lumn related to Price (Unit and Tota l Price) in Price Schedu le

(Section VII), except monetary va lue, Bidder sha ll not quote any other text such as "Included

Above", "Not Applicable", "Not Available", "Free of Cost" etc.

6.7 In case, the bidder w ishes to offer any sort of d iscount on goods, services, inland delivery, such

letter of discount applicab le to th e main offer shal l be attached to the 3rd Envelope "Documen ts for ll id Open ing". The offered discount wil l not be considered for evaluation of bid if such lette r is not

attached with bid opening document. Any sort of cond it ions for discount sha ll not be enterta ined

but such discount sha ll be proportiona tely absorbed in the unit price of al l the goods, services and

inland del ivery at the t ime of contract and sha ll remain valid and applicable in all subsequent

purchases on later dates as mentioned in clause no. 6.8of Section Il l: ITl3. The offe red discount sha ll

also be used for the evaluation and loading/ Adjustment purpose. The discoun t letter attached in the

1st Envelope "Origina l" and 2nd Envelope "Copy" sha ll not be considered.

6.8 The quoted un it prices shall remain val id until two (2) years from th e date of completion of Warranty Period as mentioned in the Clause No. 6 of Section IV: COC and applicable in all

subsequent purchases on later dates within or after the warranty period.

6.9 Unit Prices of the offered goods, services and in land Transportation in all lots, phases and packages

sha ll be the same.

6.10 The terms EXW FOB, CIF, CIP, etc., sha ll be governed by the rules prescribed in the current edition of INCOTERMS pub lished by the lnternnt iona l Chamber of Commerce, Paris. However, the risk shall be

covered as per Clause No. 14 of Sect ion IV: COC (If applicable) . 6.11 Bidder sha ll not quote goods, services, inland delivery in Free of Cost (FOC) basis.

In case Bidder quotes a Free of Cost items, the unit pri ce of the FOC i tem shall be used for the subsequent purchase to be made as per the clause No. 6.8 of Section Il l: ITB provided tha t the

quoted Unit Price is lowest among all th e responsive bidders.

If the quoted unit price of the FOC item quoted by the bidder is not lowest among all the responsive bidders or if the unit price for FOC item is not quoted at al l, then lowest unit price among other

responsive bidders shal l be conside red as unit price of the FOC item and shall be used for the subsequent purchilse to be made as per the clause No. 6.8 of Section Il l: ITB.

__ _..........,...... - ... Tender No. NDCL/CC0-01/073-74 for Supply <ind Delivery of NT (Nepal Telecom) Recharge Cards

NEPAL TELECOM


7 Bid Security

7.1 Pursuant to clause No. - 4 of Section I, the bidder shall f urnish Bid Security of NPR 10,283,000.00 {In words: Nepalese Rupees: Ten Million Two Hundred Eighty Three Thousand only) The bid security must be furnished by one of the Nepalese Commercial Banks as mentioned in

Annex-IV. If bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited in the Bank as mentioned in Clause No. 4 Section I and submit the receipt of t he deposited amount of cash along with the bid.

7.2 Bid Security shall remain valid up to December 27, 2017~

7.3 Any bid not secured in accordance w ith above clause Nos. 7.1. and 7.2 shal l be rejected.

7.4 The bid security is required to protect the Nepal Telecom against the risk of bidder's nonperformance.

7.5 The bid securities of all the bidders w ill be discha rged upon signing of the contract and after

furnish ing the performance securi ty by the successful bidder, pursuant to Clause No. - 4 of Section

IV: Conditions of contract (COC) .

7 .6 The bid security shal l be forfeited

(a) if a Bidder w ithdraws or requested to modify its Bid after the deadl ine of bid submission and before the expiry of bid validity specified by the Bidder on the Bid Form; or

(b) if the Bidder does not accept the corrected bid price as per arithmet ica l error correction performed during financial evalua tion; or

(c) if the Bidder's response to the clarification sought by Nepal Te lecom as per Clause No. 17.6 of

Section Il l: ITB, constitutes change in price and substance of the Bid; or

(d) if the Bidder ca rry ou t or ca use to carry out the acts mentioned in Clause No. 24 of Section Ill:

ITB with <Jn inten tion to in fl uence the implemen tation of the procurement process or the

procuremen t agreemen t; or

(c) If th e Bidder, hav ing been not ified o f the acceptance of its' bid by the Nepal Te lecom during the period of bid valid ity, either fa ils or refuses to sign the contract agreement with in fifteen (15)

days from th e date of issuance of letter of Acceptance (LOA}; or fai ls or refuses to furnish the

Performance Security in accordance with clause No. - 4 of Section IV: Conditions of Contract.

(f) If th e bidder fails to extend the Bid Va lidity and Bid Security Valid ity as requested by Nepa l Telecom as mentioned in clause 8.3 of Section Ill: ITB.

7.7 If due to certain reasons, bid subm ission date is extended th e va lidity of the bid security shall be

extended accordingly without which bid shal l be rejected.

8 Period of Validity of Bids

8.1 Bids shall remain va lid up to at least one hundred twenty {120} Days from the Date of Bid opening.

Bids, not val id unti l the date mentioned above, shall be rejected.

8.2 Jn exceptiona l circumstances, Nepal Te lecom may sol icit the Bidder's consent to an extension of the period of Bid Valid ity. The request and the responses there to sha ll be made in w ri t ing. In such a case the Bid Security provided under Clause No. - 7 of Section Ill : ITB shall also be suitably extended so

tha t the Bid Security shall remain valid at least unt il the valid ity of Bid. A Bidder may refuse the

request without forfeiting its Bid Security.

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NEPAL TELECOM


8.3 The bidder shall extend the bid validity and Bid security Validity as per Nepal Telecam's if LOI and LOA have been already issued by the Nepal Telecom during the period of bid validity. A Bidder

granting the request will not be requir<?d nor permitted to modify its bid.

8.4 If due to ce rtain reasons, bid submission date is extended the va lidi ty of the bid shal l be extended

accordingly without which bid shall be rejected.

9 Formats, Sealing, Marking and Signing of Bids

9.1 The bidders are required to submit the bids in three (3) separate envelopes each envelope sea led properly as fo llows:

i. 1st envelope with seal and marked as "Original", shall contain original documents as per Port - A of Section II: Important Notice to Bidders {/NO).

ii. 2nd envelope w ith seal and marked as "Copy", shal l contain copy documents as per Part - A of Section II: Important Notice to Bidders (/NB).

iii. 3rd envelope with seal and marked as "Document fo r Bid Opening", shall contain original documents as per Part - B of Section II: Important Notice to Bidders.

Or,

The bidder, w ho submits bids through e-submission shall submit 3'd envelope with seal and

marked as "Original Documents of e-Submitted Bid" and shal l contain origina l documents as per Part-B of Section II : Important Notice to Bidders .

In the event of any discrepancy between original and copy document, the original hard copy document shall prevail.

9.2 The original and the copy or copies o f the bid shall be typed or writ ten in inde lible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract along with the officicil seal of Bidder. All pages of the bid, except fo r un-amended printed literature, shall be init ialed by the authorized person or persons signing the bid along with the official Seal of Bidder.

All pages of the Orig inal Tender Document purchased from Nepal Telecom including the Amendments and Clari ficat ions issued by Nepal Te lecom shall be signed by au thorized person and sealed with official seal of bidder.

Bidder shall include compliance Sta tcfftcnts on each ancl every cl<Juses or Conditions or Contract and Technica l Specifications including all Amendments and Clarifications issued by Nepal Telecom. The

compliance Statement (Fully Compliant (FC)/Partial Compliant (PC)/Not Compliant (NC) shall be wri t ten in indelible ink and shall be signed by authorized person and sealed with official seal of

Bidder.

In pursuant to Clause No. 5.3.1 (b) and (c), i f the bidder needs to wri te the reasons for their compliance statements and if the space available in the Original Tender Document is not enough to wri te the reasons, the Bidder can use separa te plain sheet. In such a case Bidder sha ll clearly mention in plain shee t Section Number and Clause Number for which the reasons are sought. The

separate sheet (s) sha ll be signed by authorized person and stamped with official seal of Bidder.

9.3 Any interlineations, erasures, or overwriting shall be valid only if they are initialed by t he authorized

person or persons signing the bid.

9.11

- -Tender No. NDCL/CC0-01/073-74 for Supply nnd Delivery of NT (Nepal Telecom)Recharge Cards

NEPAL TELECOM


Nepal Doorsanchar Company Limited (Nepal Telecom), Office of Chief Commercial Officer,

Bhadrakali Plaza, Kathmandu, Nepal. Tel. No. : 977 1 4210206

Fax No. : 977 1 4258233

(ii) Bearing " Invitation for Bids Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom) Recharge cards" with all Accessories and the words "Do Not Open Before Opening Date" i.e. July 30, 2017 and ind icate the name and address of the bidder to enable the bid to be returned unopened in case it is declared " LATE".

9.5 If the outer envelope is not sea led and marked as requ ired by Clause No. - 9.L1, the Nepal Telecom w ill assume no responsibi lity fo r the bid 's misplacement or premature opening of the bid submitted. The bid thus received will be rejected.

9.6 In order to facilita te eva luation of the bid, the bidder shal l provide the complete bidding documents in hard copy as well as soft copy including Schedule of Prices (SOP), Schedule o f Hequirements, Compliance statements of both Commercial and Technical requirements, other calculations etc. In case of discrepancy between hard copy and soft copy, hard copy shall prevail.

10 Deadline for Submission of Bids

10.1 Bids must be received by the Nepal Telecom at the address specified under Clause No. - 9.4 (i) not later than 11: Jl.5 a.m. on July30, 2017

However, if the submission date is declared to be public holiday, the submission date wil l be postponed for the next working day at the said time.

10.2 Nepa l Telecom may, at its discretion, extend this deadline for the submission of bids by amend ing

the bidding documents at any time prior to open ing date of the Bids.

11 Modification, and Withdrawal of Bids

11.1 A Bidder may withdraw, or modify its bid after it has been submitted either in hard copy or by esubmission. Procedures for w ithdrawa l or modification of submitted bids are as fol lows:

(a) Bid Submitted in Hard Copy

Bidders may w ithdraw or modify its bids by sending a written notice in a sealed envelope, duly

signed by an authorized representative at least 24 hours prior to the-deadline of submission of

bid . In such a case the bidder has to submit the authorization letter for the w ithdrawal or modify. The corresponding modification of the bid must accompany the respective wri tten

notice. All notices must be: aa. prepared and submitted in accordance with ITB 9.1 and ITB 9.2, and in addition, the respective

envelopes shall be clearly marked "WITHDRAWAL", "MODIFICATION;" and bb. received by the Employer 24 hours prior to the deadl ine prescribed for submission of bids, in

accordance w ith ITB 10.1.

(b) E-submitted bids. a) Bidder may submit modification or w ithdrawal at least 24 hours prior to the deadl ine prescribed

for submiss ion of bids th rough e-Submission. Once a Bid is withdrawn, bidder shal l not be able to submit another bid for the same bid.


Bidders after completion of the bid opening

11.3 No Bid may be withd rawn, modified after the dead line of submission of Bids.

11.4 No Bid ((Hard copy or e-submission) may be withd rawn in the interval between the deadline for

submission of Bids and the expiration of the period of Bid va lid ity specified by the Bidder on the Bid Form. Withd rawa l of a Bid during th is interva l may result in the Bidder's forfeiture of its Bid Security,

pursuant to the sub-clause 7.6 of this section.

12 Late Bids

Any bid received by Nepal Telecom after the date and the time of submission of bids pursuant to Clause No. - 10 of Section Ill: Instructions to Bidders {!TB) sha ll be rejected.

13 Opening of Bids by the Nepal Telecom

13.1 The Nepal Telecom will open bids, in the presence of bidders' representatives who choose to at tend at 12.00 noon on July 30, 2017 at the Nepal Telecom, Central Office, Bhadrakali Plaza, Room No.201. In case, the bid opening date happens to be an official holiday, the Nepal Te lecom will open

the bids in the following working day. The bidder representatives who arc present shall sign a bid opening checklists evidencing their attendance.

The bidder represen tatives who are authorized by the l3idder can only participate in Bid Opening. The Bidder's representative shall submi t the authorization letter as per the Sample No. 12 of Seclion V of respective package. The Bidder's rep resentative who is present in 13 id Opening shall sign a bid

open ing checklists evidencing their attendance.

13.2 First, envelopes marked "WITHDRAWAL" shall be opened, read out and recorded and the envelope

containing the corresponding bid sha ll not be opened, but return to the bidder. No bid shal l be withdrawn unless the correspond ing Withdrawal Notice contains a valid authorization to request the withdrawal and is read out and recorded at bid opening.

13.3 Next, enve lopes marked "MODIFICATION" sha ll be opened, read out and recorded with the co rrespond ing bid. No bid shall be modified unless the co rresponding Modification Not ice contains a val id authoriza tion to request the modification and is read out and recorded at bid opening. Only

envelopes that are opened, read out and recorded at bid opening shal l be considered fur the r.

13.11 The bidder's names, bid prices, modifications, bid withd rawals and the presence or absence of the requisite bid security and such other deta ils as Nepal Telecom at its discretion, may consider appropriate wi ll be announced at the opening.

13.5 The Nepal Telecom shall prepare minutes of the bid opening.

14 Delivery {Installation and Testing if applicable) and Warranty

Delivery

Delivery of al l the goods shall be made to the Nepal Telecom's respective stores as mentioned in Clause No. - 5 of Section IV: Cond it ions of Contract (COC) and quant ity mentioned in Section VI:

Schedule of Requ irement for offered System.

Warranty

The Bidder shall fully comply with the warranty clauses as mentioned in Clause No. - 6 of Section IV:

Conditions of Contract (COC), otherwise the Bid shall be rejected.

15 Payment

The Bidder sha ll fully comply wi th the payment clauses as mentioned in Clause No. - 7 of Section IV:

Conditions of Contract (CDC), otherwise the Bid shall be rejected.

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom )Recharge Cards

NEPAL TELECOM


16 Bidder's and Manufacturer's Eligibility and Qualification Criteria

16.1 Bidder for this Tender

16.1.1 Bidder shall be a Domestic Nepalese Manufacturer of offe red Recharge Cards for Telecom Services having a manufacturing plant in Nepal. Domestic Manufacturer shall be eligible only if, Manufacturer has obtained Va lue /\dded Tax (V/\T) Registration Certificate (s), Tax Clearance Certificate and Industry lkgistration Certificate issued by Department of Industry of Nepal.

The Bidder shall submit VAT/P/\N registration Certificate, Tax Clearance certificate, Industry Registration Certificate and Company Profile along with l3id.

16.2 Bidder's Experience and Equipment Field Proven-Ness

16.2.1. Manufacturing Experience

The Bidder shall have an experience of manufacturing of Telecom- Recharge Cards for a minimum period of One (1) Year on the date of Tender invitation. In order to prove fulfillment of this requirement, the Bidder shal l submi t authentic documents from concerned authority or user/client certificate from te lecom operator.

16.2.2. Field Proven-ness of the recharge cards

The Bidder must have supplied its Telecom Recharge card (manufactured by itself) to at-least two (2) telecom operators and shall have been in satisfactory operation. In order to prove the fulfill ment of this requirement Bidder shall submit user/client satisfactory certificates. The user/client certif icate shall include all the information as mentioned in the Annex-Ill.

16.2.3. ISO Certificate

The Bidder shall submit valid Quality Assurance Certificate ISO 9001 Certificates of the manufacturer

relating to the manufacturing of Recharge Cards.

16.2.4. Satisfactory Performance Certificate (SPC) Issued by Nepal Telecom

The Bidder who has already supplied Recharge/Scratch cards under any contract to Nepal Telecom within last five (S) years, shall furnish the Satisfactory Performance Certificate (SPC} issued by the Nepal Telecom along with the Bid proposal or within three (3) weeks from the date of bid opening. Please also refer to Clause No. 28 of th is section.

16.3 Eligibility of Bidders

16.3.1. Domestic Manufacturer sha ll be eligible only if, Manufacturer has obtained Value Added Tax (VAT) Registration Certificate (s), Tax Clearance Certificate and Industry Registration Cert ificate issued by Department of Industry of Nepal. The Bidder shal l submit V/\T/P/\N registration Certificate, Tax Clearance certifica l c, Industry Registrat ion Certificate and Company Profile along w ith Bid.

16.3.2. The Bidder shall not be under a declaration of ineligibility for corrupt and fraudu lent practices by

Government of Nepal. The Bidder 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 shall not be

considered for the bid evaluation. Bidder shall provide the declaration mentioning that the bidder is not charged of blacklist or ineligibility for corrupt and fraudulent practices by Government of Nepal.

16.3.3. The Bidder shall not be a competitor (including all the service providers licensed by Nepal Telecommunication Authority) of Nepa l Telecom in Nepal. The bidder shall not have ownership with the competitors and must not have planned to have ownersh ip until the completion of all the contractual obligations. The Bidder shall provide the declaration of not having ownership along withthe l3id . idder

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Tende~DCL/CC0-01/073-74 for Supply and Ocllvery of NT (Nepal Telecom)Recharge C rd!i,'i ~ ..,.. \ \<bo ~" .

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NEPAL TELECOM


and Developer sha ll provide the declaration of not being a competitors and not having ownership w ith the competitors along with the Bid.

16.3.4. Bidder found to be involved in fraudu lent activity such as carteling in order to manipulate the bid price,

submission of fa ke certificates and fake information may be blackli sted and Bid submitted shall be rejected.

16.4 If the Bidder submits bid on beha lf of a merged company, lega l document regarding the merging shall be submitted along with the bid document. The merged company sha ll meet the requiremen t

of Clause No. 16.l and 16.3. However, the eligibil ity of separate compan ies in such cases w ill be combined for the purpose o f verifying the Bidder's Qua lification criteria as mentioned in Clause No. 16.2 of th is section. Bid submitted on behalf of amalgamated/acquired companies having independent legal status w ill be t reated separately and shall meet the all the requ irements mentioned in Clause No. 16.1, 16.2 and 16.3 of this section individually.

16.5 ParticiQation in Joint Venture or Consortium

If the £3 idder is a jo int venture or Consortium, all of the parties sha ll be jointly and severally liable to the Purchaser for the fulfillment of the provisions of the Contract and shall designate one party to

act as a leader with authority to bind the jo int ven ture or Consortium. A bidder can submit on ly one bid either as a partner of the jo int venture or Consortium or ind ividually. The Join t Venture or Consortium agreement among all the members shal l be submitted. The composit ion or the constitution of the join t venture or Consortium sha ll not be altered w ithout the prior consent of the Purchaser.

In case of joint ventu re or Consortium, maximum three (3) members are al lowed. The member

designated as a leader, shal l meet all the requirements as mentioned above in Clauses Nos. 16.1, 16.2 and 16.3 of this section and remaining members shall meet at least the requirement of clause 16.3. The lead member shall take ultimate respons ibil it ies in fulfi ll ing the entire terms and

condit ions of t he Cont ract and submit the commit ment letter fo r the same.

16.6 In case Bidder is global company (Paren t/Ho lding/Branch/Subsid iary Company), the bidder shall individually meet al l the requirements as ment ioned above in the clause 16.1, 16.2 and 16.3 of this

section.

However, Globa l compan ies if w ishes, the qualification and equipment fie ld proven-ness of the 13idder

(branch/subsidia ry company) and qualification and equipment fie ld proven-ness of Bidder's

Parent/Holding compan ies and their equipment w ill also be combined for the purpose of verifying the cri te ria as mentioned in Clause No. 16.2 of this section, provided the Parent and Holding companies ind ividua lly meet the requirements o f Clause No. 1.6.3 of th is section .

In the cases mentioned above a letter from the Head Quarter (Parent/Holding Company) w ith the

following information shall be submitted along with the bid:

a) Authoriza tion to the branch/subsid iary whose product is being o ffered to submit and sign the

bid, b) Com pany Structure showing the relationship be tween Parent/Holding/Branch/Subsidia ry

Companies .

16.7 Manufacturer Authorization (Not AQp licable for this tender).

16.8 Conflict of Interest

\

NEPAL TELECOM


(a) have controlling shareholders in common;

(b) receive or have received any direct or indirect subsidy from any of them;

(c) have the same legal representative for purposes of th is Bid;

(d) have a relationship with each other, directly or through common third parties, that puts them in

a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Purchaser regarding this bidding process;

(e) a bidder or any of its affi liates participated as a consu ltant in the preparation of the design or technical specifications of the goods and services that are the subject of the bid.

16.9 Any bid not submitted as per the above sub-clauses 16.1 to 16.8 of this section shall be rejected.

16.10 The user/client certificates that have to be submitted by Bidder in order to fu lfil the requirement of sub

clauses of Clause no. 16, sha ll include at least the informations mentioned in the Annex-Ill. The Bidder shall seal and sign the entire submitted client/user certificates. Please also refer to the Clause No. 29 for more details about the user/client certificate.

16.11 A// the user/client certificates and other documents to be submitted under the Clause No. 16 of this section shall be sealed and signed by person authorized to sign the Bid Proposal.

17 Bid Evaluation and Award Criterion

17.1 In case a bidder offers one or more <i llernate or optional offer(s) in add it ion to the main offer, the Nepal Telecom w ill consider only the main offer for evaluation purpose, and under no circumstances, eva luation will be influenced by anything ment ioned in alternate or optional offer(s).

However, based on cost-benefit and/ or technical analysis, Nepal Telecom, if deemed necessary, may consid er alternate or optional offer(s) during the signing of contract with the successful bidder.

17.2 Preliminary Examination

17.2.1 Preliminary Examination of the Bids shall be done in accordance with Clause No. 5.1 of Section Ill: ITB. Nepal Te lecom will examine the bids to verify whether the bid is valid & complete, whether the

bid is accompan ied by vtilid bid securities, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

17.2.2 Nepal Telecom may waive any minor informality, nonconformity, or irregularity in a bid, which does not constitute a major material and quality deviation and without which the purpose of bidding will be fulfilled, provided such waiver does not prejudice or <iffect the relative ranking of any bidder but

bids with any deviations to the clauses marked with asterisk (*) shal l be considered as major

deviations and the bid with such major deviations shall be rejected.

17 .2.3 Prior to the detailed evaluation, Nepal Telecom will determine the substantia l responsiveness of each bid to certain cri tica l provisions stipulated in the Nepal Te lecom Lender document. For the purpose of this clause, a substantial ly responsive bid is the one, which conforms to al l the terms and condit ions of the bidding documents without major material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security, Payment Terms, Applicable Law and Taxes and Duties and the technical requirements marked with asterisk

(*)will be deemed to be major deviations as mentioned in Clause No. - e of Part - D of Section II:

INB.

17.2.4 Nepal Telecom's determination of a bid's responsiveness will be based on the contents of the bid

itself w ithout recourse to any extrinsic evidence.

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Cards

NEPAL TELECOM


17.2.5 If a bid has one or more major deviations, found duri ng pre lim inary examination, the bid is

considered as Non Responsive Bid and it wi ll be rejected by the Nepal Telecom and wi ll not

substantially be made responsive by the bidder by correction of the nonconform ity.

17.3 Detailed Technical Evaluation

17.3.1 Detailed Technical eva luation shall be ca rried out for those bids, which are found to be responsive after pre liminary examinat ion as per above clause 17.2. Deta iled Technical eva luation sha ll be bused

on clause by clause compliance statements or comments on Technical Specifications, techn ica l

details, Ci) talogues, brochures etc. furn ished by each bidder. During the detailed technica l eva luat ion, all the bids are examined in order to verify whether the offered quanti ty and capacity

meet the requi rement of Section VI: SOR and Section VII: SOP o f tende r document and if required adjustment shall be done. The cost of adjustment shall be determined during th e Financia l Evaluation.

17.3.2 If a bid has one or more major deviations, t he bid is considered as Non Responsive Bid and it wi ll be rejected by the Nepi) I Te lecom and w il l not substant ially be m<Jde responsive by the bidder by

correction of the nonconformity.

17.3.3 Further, if there are many m inor deviations to the bid, and if one or more of such items constitute

major material deviation or affect th e required purpose of module/sub module/technical requi rements, such bid sha ll be considered as Non Responsive Bid and rejected by the Nepal

Te lecom and w ill not substantially be made responsive by the bidder by co rrection of the nonconformity.

17.3.4 For the ve rifica t ion of Bidder's Compliance Statement (FC/PC/NC), ONLY THE COMPLIANCE

STATEMENTS mentioned in the Origina l Tender Document purchased from Nepa l Telecom,

Amendments and Clari fica tion issued by Nepal Telecom shal l be used (P lease also refer to Clause

No. 9 of Section Ill).

17.4 Deta i l Commercial Evaluation

17.4.1 Detailed Commercial Eva luation shall be ca rried out for those bids, which are found to be responsive afte r Detail Technical Eva luation as per above clause 17.3. The detail commercial evaluat ion shall be carried out in accordance with the Section IV: COC.

17.4 .2 If a bid has one or more major deviations, the bid is considered as Non Responsive Bid and it w ill be

rejected by the Nepal Telecom and will not substantially be made responsive by the bidder by

correction of the nonconformity.

17.4 .3 Further, if there are many minor deviations to the bid, and if one or more of such items const itute

major material deviation or affect the requ ired purpose of commercial requirement, such bid shall be considered as Non Responsive Bid and rejected by the Nepal Telecom and wi ll not substantia lly be made responsive by the bidder by correction of the nonconformity.

17.4.4 For the verification of Bidder's Com pliance Statement (FC/PC/NC), ONLY THE COMPLIANCE

STATEMENTS mentioned in the Original Tender Documen t purchased from Nepa l Telecom, Amendments and Clarification issued by Nepal Telecom shall be used (Please refer to Clause No. 9 of

Section Ill ).

17.5 Detail Financial Evaluation

17.5.1 after detailed Technica l and Commercial

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Card


17.5.2 For the Financial lvaluation the following factors shall be taken into consideration for evaluation purpose:

J7.5.2.l Arithmetical errors Arithmetical errors will be recti fied on the following basis

17.5.2.1.1 Discrepancy between the Unit Price and the Total Price

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 shall be corrected.

17.5.2.1.2 Error in Calculation Total Price If there is an error in tota l corresponding to the addition or subtraction of subtota ls/line items of the SOPs and l30Qs, the subtota ls/line items shall prevail and the total sha ll be co rrected.

J 7.5.2.1.3 If there is discrepancy between words and figure, the word shal l prevai l

17.5.2.1.4 While performing error corrections as mentioned above in Clause No. 17.5.2.1, the Quoted Bid Price may change. Therefore, the Total Bid Price obtained after the /\ri thmetical Error Correction shall be considered as a Corrected Bid price.

17.5.2.2 Offered Quantity

If the offered quantity/items are not sufficient to meet the Nepal Tc lecom's requ irement and if the some of the quantity/items are omitted, but they don' t constitute material deviation as per clause 17.3.2 and 17.3.3, such quantity/items will be added as per the fo llowing sub clauses to fulfill the requirement.

17.5.2.2.1 Under-Dimensioned {Short) Items

If the offered quantity is not sufficient to meet the Nepal Telecom's requ irement, required quantity wi ll be loaded to fu lfill the requirement and price wi ll be adjusted accordingly taking into consideration the offered unit pric:e of the same bidder.

17.5.2.2.2 Missing {omission) Items

If some required items of SOP are missing in the Section VII (A) and Sect ion VII (B), then the average price of all responsive bidders for such missing item(s ) will be considered for evaluation purpose and loaded to bring all bidders in equtil footing. If the prices of such items are mentioned in elsewhere in the offer (such as mentioned in other lots, other packages etc), such prices tire loaded to bring all bidders in equal footing.

17.5.2.2.3 Absence of Unit Price and Total Price of the Particular Item

If the unit price and the total price of the same item are not quoted, the average price of all responsive bidders for such missing item(s) will be considered for eva luation purpose and loaded to bring all bidders in equal footing.

17.5.2.2.4 However, in all the cases mentioned above in Clause No. 17.5.2.2, the Bidder shall provide all the missing/short items mentioned above free of cost lo Nepal Telecom if the bidder happens to be a successful bidder.

17.5.2.2.5 If major items, without which the purpose of bidding will not be fulfilled, are missing, the bid shall be considered non-responsive and shall be rejected.

17.5.2.3 Delivery (Installation, Testing and Commissioning {Not Applicable for this tender)

-Tender No. NDCL/CC0-01/073·74 for Supply <ind Delivery of NT (Nepal Telecom)Rccharce Cards

17.5.2.4

17.5.2.5 17.5.2.5.1

17.5.2.5.2

17.5.2.6

17.5.2.7


If the offered del ivery, installation, testing and commissioning period is more than the period

specified in clause No. - 5.1 of Section IV: Conditions of Contract, the price adjustment will be

made by loading the bid price by one hal f (0.5%) percent of the total quoted price per week for the delayed period up to four (4) weeks. Bids with deviation in delivery period by more than four (4) weeks will be rejected.

Deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirement set forth in the 11 idd ing Document or if it conta ins errors or oversights that are capable of being corrected wi thou t affecting the substance of the l3id are considered as minor deviation. rhe cost of such minor deviation shall be ca lculated to the extent possible and shall be included while evaluating bid.

Unit Price Discrepancy in Unit Price in Lots, Phases and Packages Unit Prices of the offered goods, services and inland t ransportation in all phases and packages shall be the same. In case of discrepancies in the Unit prices, the quoted unit price in respective phases and packages shall be used for evaluation. However, lowest Unit Price among al l shall be considered for all phase and packages for the ca lculation and preparntion of final Contract Price if the bidder happens to be the Successful Bidder.

Unit Price of Missing Items In case of missing (omission) items (Clause No. 17.5.2.2.2), unit price sha ll be fi nali zed al the time of signing of Contract, and shall not excred the average price of the same item of the responsive bidders.

If the Bidder does not accept the correction of the errors, its bid w ill be rejected, and its bid 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

If the loading amount after performing the loading as per Clauses 17.5.2.2, 17.5.2.3 and 17.5.2.4 of this Section exceed 15% of the Corrected Bid Price, the bid shall be considered as non responsive and not considered for evaluation.

17.5.3 Financial comparison shall be based on Evaluated Price obtained after Financial Evaluation.

17 .6 Clarification of Bids

To assist in the examina t ion, eva luation and comparison of Bids, Nepal Telecom may ask the Bidder fo r a clarification/Additional Information/Proof of Authenticity of the submitl'ed document. The request for clarification dnd the response to it shall be in writing, and no change in the prices and substancC' of the Bid sha ll be sought, offe red, or permitted.

If the Bidder fails to submit the requested clarification/Additional Information/Proof of Authenticity of the submi tted document within a stipulated time, the clause f or which the request is sought is considered to be non compliant.

17.7 Proof of Compliance (POC) Test

Based on evaluation as per above clause Nos. -17.1, 17.2, 17.3, 17.4. 17.S and 17.6, Nepal Telecom shall issue an invitation letter for the POC test to the lowest evaluated Bidder among all responsive bids to verify the bidder's claim of compl iance. The lowest Evaluated Bidder sha ll complete the POC Test success fu lly as per the Clause No.13 of Section VIII : Techn ica l Specificati on.


The bidder who is invited fo r POC test shall acknowledge the acceptance of invitation for roe Test

within Seven (7) days and shall conduct POC test within fifteen {15) dCJys from written notice by

Nepal Telecom.

In case of unsuccessful POC Test by lowest evaluated Bidder, Nepal Telecom shall invite next responsive lowest evalua ted Bidder for POC Test and so on.

Any bid which fails in POC testing, shall be considered as non responsive bid and shall be rejected.

The Bidder shall bear all cost of any kind associated with the preparation and conduction of Proof

of Compliance {POC) Test , and Nepal Telecom will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Proof of Compliance {POC) Test.

17.8 Contract Award

Considering the provision of Clause No. 18 of this sect ion, Nepal Te lecom intends to CJward the contract to two bidders. The first successfu l bidder will supply 60% of total requirements and next

bidder will supply remaining 40% at the price of 60% supply. At first, Nepal Telecom shall contract for 60% supply with the bidder who is selected successful as per clause no. 1.7.7. Then, the contract for remaining 40% of supply sha ll be awurded to the Bidder as per Clause no. 17.8.7, 17.8 .8 and 17.8.9.

A. Awarding Contract for 60% Supply

17.8.1 Based on the eva luation as per the Clauses No. 17.2, 17.3, 17.4, 17.5, 17.6 and 17.7 the successful bidder shall be selected for awarding the Contract for 60% of Supply.

17.8.2 A financial evaluation shall be done as per Clause No. - 17.5, total evCJluated price may differ

from the price quoted by the bidder in its price schedule. Financial comparison shall be based on

"Evaluated Price (Price obtained afte r Financia l Evaluation)" and not "Offered Price". However, the fina l tota l contract price shall be fina lized during contract signing not exceeding the Corrected Bid Price.

17.8.3 Nepal Telecom shall issue a Letter of Intent (LOI) ro notify the successful bidder in writing that the Nepal Te lecom has intention lo accept his/her bid and the information regarding the name, address and amount of se lected bidder shall be given to all other bidders that have submit.led

the bid.

17.8.4 If no bidder submits an application for review as per Clause No. 31 of this section within a period

of seven days of the notice provided under ITB 17.8.3, Nepal Telecom shall accept the bid of successful bidder and will subsequently issue a Letter of Acceptance (LOA) to furnish the perfo rmance securi ty and to ini t iate Contract sign ing between the bidder and the Nepal Telecom.

17.8.5 Within Fifteen (15) days of the receipt of notification of award from Nepa l Te lecom, the Bidder

to whom LOA is issued shall send its authorized representatives for signing the contract. At the

time of signing the contract, bidder shall furnish the performance security in accordance with the condit ions of Contract using Sample Form as per Sample Form No. - 4 of Section V of tender

document.

17.8.6 r:ailure of the successful Bidder lo submit the above-mentioned Performance Security or to sign the Contract /\grecment within th<" period stipulilted above in this clause shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. In that event Nepal Telecom may proceed for contract awarding to the next bidder from the list of

responsive bidders and shall follow the process of POC, LOI, LOA as per Clause no. 17.7, 17.8.3, 17.8.4 and 17.8.5.

B. Awarding Contract for 40% Supply

17.8.7

NEPAL TELECOM Nepal Doorsanchar Company limited

As soon as the contract for 60% Supply is signed, Nepa l Telecom shall issue a proposa l letter to all remaining responsive bidders request ing to confi rm the acceptance of the proposal of

providing 40% Supply at the price of 60% Supply if the Contract for ll0% is awarded in

accordance with the Clause No. 17.8.9. The acknowledgement sha ll be received at Nepa l

Telecom by 7 (Seven) days from the date of request from Nepa l Telecom. t-lowever, POC Test shall be conducted one at a time start ing with lowest evaluated price among the responsive

bidders who have accepted the NT's proposa l as mentioned the Clause No. 17.8.9 of th is section.

Bidder may decline/d isagree the offer without the risk of forfe iting its bid security . Non submission of the confirmation within seven (7) days is also considered as decline or disagreement of this proposal. In case of decline or disagreement of the proposal, the Bid security submitted wi ll be discha rged as per the Clause No. 7.5 of Section Ill.

17.8.8 If no bidders acknowledge with acceptance of NT's offer for the 40% Supply as per above clause

no 17.8.7 in st ipulated time, Nepal Telecom may award the contract for 40% supply to the Supplier of 60% Supply. If awarded the Contract for 40% Supply, the supplier of 60% supply shall have to supply the remaining 40% Supply without any conditions and reservation.

17.8.9 Nepal Telecom shall invite for POC to lowest evalua ted priced bidder from the List of Bidders who has acknowledged with the accep tance of NT's offer for '10% Supply. If POC Lest is successful, contract awarding process for rema ining 40% PINs shall proceed according to 17.8.2,

17.8.3, 17.8.4 and 17.8.5.

In case of unsuccessfu l POC Test, Nepa l Telecom shal l repeat the process as per Clause No. 17 .8.9 for next ranked responsive Lowest Bidder. The process shall be repeated to responsive bidders until the successful completion of POC Test.

17.8.10 Failure of the successful Bidder for 40% Supply to submit the above-mentioned Performance Security or to sign the Contract Agreement within the period stipulated above in this clause shall constitute sufficient grounds for the annu lment of the award and forfeiture of the bid security.

In that event Nepal Telecom may proceed for contract awarding to next lowest eva luated bidder

from the List of Bidders who has acknowledged indicating interest to offer the 40% Supply as

per above clause no 17.8.7 and shall follow the process of POC, LOI, LOA as per Clause no. 17.7, 17.8.3, 17.8.4 and 17.8.5.

17.8.11 In order to bring t he price for 40% Supply in line with the price of 60% St1pply, the Schedule of Price (SOP} of the successfu l bidder for 110% Supply sha ll be reca lculated by mult iplying thr. individual items with a factor arrived at by dividing the total corrected Bid Price for 60% supply by the total co rrected flid Price for '10% Supply.

18 Nepal Telecom's Right to accept or reject any or all Bids

Not-withstanding Clause No. - 17, the Nepal Telecom rese rves the right to accept or reject partially or fully any bid or award one or more than one Bidders not exceeding the price of the successful bidder, and to annul the bidding process and reject all bids, at any t ime 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.

19 Nepal Telecom's Right to Vary Quantities

The Nepa l Telecom reserves the right at the t ime of award of contra ct to increase or decrease by up to twenty percent (20%} of the quantity of goods and se rvices specified in the Schedule of Requirement without any change in unit price or other terms and condil ions.

20 Signing of Contract

-Tender No. NDCL/CC0-01/073-74 for Supply <ind Delivery of NT (Nepal Telecom) Recharge Cards


After the receipt of the Letter of Acceptance {LOA) from Nepal Telecom, the successfu l bidder shal l

send its authorized representatives within fifteen (15) days for signing of contract. At the time of

sign ing t he contract, the Supplier shall submit a Perfo rmance Security in the form of bank guarantee

for ten percent (10%) of the amount of the contract in the same currency as that of the contract or

equiva lent in US$. The amount of Perfo rmance Security sha ll be as fol lows:

i) If bid price of the bidder selected for acceptance is up to 15 (fifteen) percent less than the cost estimate, the performance security amount shc:il l be 10 (ten) percent of the bid price.

ii) If the bid price is more than 15 (fifteen) percent low (say X Percentage Low) of the cost estimate, the performance securi ty amount shall be determined as : Performance Security'-= [{(X-15)/2}+10] Percentage of bid Price;

For the purpose of calculation of the Performance Security amount, the Contract amount and Cost Estimate inclusive of VAT shc:ill be considered.

Non-submission of performance security at the time of signing the contract shall lead to the

cance llation of the contract.

21 Local Agent (Not Applicable)

22 Visit for proof of compliance (Poe) during evaluation

Nepa l Telecom may send technica l experts to verify the bidder's claim of compliance to experience and

technical specifications.

This may be performed during the Bid eva luation of the tendering process. The supplier shall make

necessary arrangement with the administ ration to accommodate such visit and provide necessary information as needed. The bidder shall make arrangements within fifteen (15) days of request letter from Nepal Telecom.

Nepal Telecom shall choose a large opera tor/ any other suitable sites as per the client certificates. Nepa l Telecom may also visit manufacturer's premises during eva luation.

The cost of the visits shall be borne by Nepal Telecom and the duration shall be of two week. The bidder shall arrange with the operator (bidder's customer) for interactions and demonstrations as needed.

23 Single Bid per Bidder

Each Bidder shall submit on ly one bid. A Bidder if submits or participates in more than one bid, then all the proposals with the Bidder's participation will be disqualified.

If a bidder submits bids in hard copy (manual submission) as wel l as th rough e-submission, then the

bids shall be treated as two separate bids by a same bidder and hence will be disqualified. However,

the bidder who has submitted the bid elect ron ica lly may submit the hurdcopy before the bid submission dead line, only if they submit the va lid officia l letter requestins the withdrawal of the e

submitted bid proposal along with the bid.

24 Conduct of Bidders

24.1 The Bidder shall be responsible lo fulfill his obligations c:is per the requirement of the Contract Agreement, Instruction to Bidders and GoN's Procuremen t Act and Regulations.

24.2 The Bidder shall not carry out or cause to carry out the following acts with an intention to influence the implementation of the procurement process or the procurement agreement :

a. give or propose improper inducement directly or indirectly,

r;.:;d;r N-;;:-;:rnCL/CTo-Ol/On-74 for Suppl;;;;d D;;,y of NT (N epfflecom)Recha rg;(a~ 1

NEPAL TELECOM


b. distortion or misrepresentation of facts,

c. engaging in corrupt or fraudulent practice or involving in such CJCt,

d. interference in part ici pation of other competing bidders,

e. coercion or threatening directly or indirectly to cause harm to the person or the property of any

person to be invo lved in the procurement proceedings,

f. collusive practice among bidders before or after submission of bids for distribution of works among bidders or fixing artificial/uncompetitive bid price with an intention to deprive the Nepal Telecom the benefit of open competitive bid price.

g. contacting the Purchaser with an in tention to influence the Purchaser with regards to the bids or interference of any kind in examination and evaluation of the bids during the period from the time of opening of the bids unti l the notification of award of contract

25 Blacklisting Bidders

Without prejudice to any other rights of the Nepal Telecom under this Contract , the Public Procurement Monitoring Office {PPMO) may blacklist a Bidder for his conduct up to three years on the following grounds and seriousness of the act committed by the bidder:

a) if it is established that the Bidder/Supplier has committed acts specified in clause 24 of this section,

b) if t he bidder fa il s to sign an agreement pursuant to clause 20 of Section Ill: ITB,

c) if it is proved later that the bidder has committed substantial defect in implementation of the contract or has not substantia lly fulfil led his obligations under the contract or the completed work is not of the specified quality as per the contract,

d) if convicted by a court of law in a criminal offence which disqualifies the bidder from participating in the contract.

e) if it is proved that the contract agreement signed by the bidder was based on fa lse or

m isrepresen tat ion of bidder's qualifica tion information,

f) Other acts mentioned in the Section 111: rm and Section IV: COC.

26 Corrupt or Fraudulent Practices

26.1 Government of Nepal requires that Purchaser, as well as Bidders observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the

Government of Nepal:

a) defines, for the purposes of this provision, the terms set forth below as fo llows:

(i) "corrupt practice" means the offering, giving, rece iving or so licit ing of any th ing of va lue to influence the action of a public officia l in the procurement process or in

contract execution; and (ii) "fraudulent practice" means a m isrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the GoN, and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive the Borrower

of the benefits of free and open competition;

b) wi ll reject a prorosul for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudule nt practices in competing for the contract.

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom)Recharge Cards

NEPAL TELECOM Nepal Doorsanchar Company limited

27 Country of origin

All Goods and related services to be supplied under the Contract shall have their origin. For purposes

of this Clause, "origin" sha ll be considered to be the place where the Goods are mined, grown, produced or from wh ich the Servic:es are provided. Goods are produced when, through

manufacturing, processing, or substantial and major assembly of componen ts, a commcrciallyrecognized product results that is substantially different in basic characteristics or in purpose or utility from its components.

28 Satisfactory Performance Certificate (SPC)

The Bidder/Manufacturer who has already suppl ied Hecharge/Scratch Cards under any contract to Nepal Telecom with in last five (5) years, must furnish the Satisfactory Performance Certificate (SPC) issued by Central Office of Nepa l Telecom along with the Bid proposal or within 3 (Three) weeks from

the date of bid open ing. Not submitt ing the SPC shall be treated as non comp liance and the bid shall not be included for eva luation.

Bidder shall provide the list of the already supplied offered goods in the format as specified in Annex - IV.

29 Nepal Telccom's Right to verify the Authenticity of the submitted documents Bidder shall submit original certificates with the letter head of the issuing authority du ly signed with date by the authorized person, stamped with official seal and with name, designation of the

signatory in the letter regarding Bidder's/Manufacturer's experience and field proven-ness as mentioned as and where in th is tender documen t. The makes, mode l and HW/SW ve rsions (I f

app licable) of the respect ive p,oods shil l l be clearly me ntioned in the subm itted certificate. If Bidders submits the copy document, the copy document shall be attested by Notary

Public of Nepal.

If the Bidder submits copies of the documents including user/client ce rt ificates issued by the fo reign

telecom operator/user ildministration, the copy document sha ll be attested by Notary Public/ concerned Embassy in Nepal. The Attestation shall be in English Language. All the documents written in the language other than English language shall be fo llowed by English translations (If Applicable). Translation shall be done by authorized institution/Agency/ Concerned Embassy in Nepal. Documents written in the languages other than English shall not be considered for

evaluation.

Nepal Te lecom reserves the right to ve rify the authenticity of the certificates and confi rm the

satisfactory operation of the goods supplied by the bidder in other administ ra tions. The bidder shall prov ide the name with his/her designation, Company, emai l, telephone number and fax number of the contact persons of operators and/or the concerned authority, issuing the certificates in order for Nepal Telecom to verify the authenticity or seek clarification of the submitted cert ificates if necessary. The bidder shall bear the responsibility of provid ing response from the concerned CJ uthori ty if verification of submitted certificate is requi red. If there is no response from the

mentioned contact person and if the information mentioned in the certificate is found to be not true, the certificate shall be considered invalid.

30. E-Submission

30.1

Section II.

NEPAL TELECOM


30.2 For e-submission, bidder has to register in Nepal Te lecom e-procurement portal. The registered bidder has to procure the bid document and prepare the entire bid proposa l in traditional way with

sign and sea l. The bidder has to scan all the documents CJS mentioned in Part-B of Section II in to pd/ format. These softcopy (document) has to be uploaded in their respective place. For details please visit Nepal Telecom e-procurement portal i.e. http://eproc.ntc.net.np.

30.3 The bidder has to submit fol lowing three (3) envelopes to Nepa l Telecom wi thin seven (7) days from the date of bid opening. Please also refer to clause 9.4 of Section Ill: Instructions to Bidders {ITB):

i. 151 envelope with seal and marked as "Original ", shall contain original documents as per Part -A of Section If: Important Notice to Bidders {!NB).

ii. 2nd envelope with sea l and marked as "Copy", shal l con tain copy documents as per Part - A of Section II: Important Notice to Bidders {!NB).

iii. 3'd envelope with seal and marked as "Original Documents of e-Submittcd Bid", shall contain original documents as per Part-B of Section II: Important Notice to Bidders.

30.4 The bidder who submits bids in hard copy (manual submission) as well as through e-submission shall be treated as two separa te bids by a same bidder and hence will be disqualified. However, the bidder who has submitted the bid electronica lly may submit the hard copy before the bid submission dead line, only if they submit the va lid official letter requesting the withdrawa l of the e-submitted bid proposa l along with the bid.

30.S The bidder who submits bids through e-submission shall submit the Original Copy of Bid Security at the time of Bid Opening. Non submission of Original Copy of Bid Security at the time of Bid opening shall result in the rejection of the Bid.

30.6 The bidder who submits bids through e-submission shall submit the samples as per the Section 11, Part-B {h) at the time of Bid Opening. Non submission of samples at the time of Bid opening shall result in the rejection of the Bid

31 Complain and Review

31.1 If a Bidder, is not satisfied with the procurement process or Client's decision provided as per Clause No. 17.8 and believes that the Client has committed an error or breach of duty which has or will result in loss to him then the Bidder may give an application for review of the decision to the Office Chief of the procuring entity {Purchaser) with reference to the error or breach of duty committed by the Client. The complaint application should be given within 7 days of receipt of the information regarding the issue of intention to accept letter by the Client. Application, for review of Client's decision, filed after the deadline

shall not be processed

31.2 The Office chief of the Procuring Entity (Purchaser shall), within five (5) days after receiving the complaint application, give its decision with reasons, in writing pursuant to Clause No 31.1 of this section:

31.3

whether 1·0 suspend the procuremen t proceed ing and the procedure for furthe r proceedings Lo be adopted; or

whether or not to reject a complaint application.

Tender No. NDCL/CC0-01/073-74 for Supply and Delivery of NT (Nepal Telecom) Recharge Cards

NEPAL TELECOM


the GoN, stating the reason of its disagreement on the decision of the Office Chief. Together with the review application, the applicant shall furnish a guarantee, in the form of cash or Bani< guarantee equivalent to zero point five percent (0.5%) of its quoted bid amount, with the validity period of at least ninety {90) days from the date of the filing of the review application.

31.4 Late application fil ed after the deadline pursuan t to Clause No 31.3 of this section sha ll not be processed

31.S The Public Procurement Review Committee, shall give its decision within 30 days after receiving the

review application filed pursuant to Clause No 31.3 of this section on the basis of i) the information and comments received from the Purchaser, ii)evidence, documents submitted along with the application by the applicant ,and iii ) information received on inquiring both the parties regarding the matter.

31.6 If the claim made by the Bidder pursuant to Clause No 31.3 of this section is justified, the Review

Committee sha ll return the security deposit to the applicant, pursuant to Clause No 31.3 of this

section, within seven (7) days of the Public Procurement Review Committee's decision.

31.7 If the claim made by the Bidder pursuan t to Clause No 31.3 of th is section is rejected by the Review Committee, the security deposit submitted by the Bidder pursuant to Clause No 31.3 of this section shall be forfeited.

32. The bidder shall submit latest Audited Financial Statement and Annua l Reports along with the bid

document

33. The Bidder sha ll submit Product catalogue/ brochures with technical specification, company pro file of the manufacturer etc. to be furnish to establish that the manufacturer has the financial, technical and production capability necessary to perform the contract, includ ing capacity in terms of personnel for the purpose of carrying out services.

34. The Bidder shal l provide detail supply records of Recharge Cards (indicating quantity) as per Annex-II.

35. All the correspondences to be made with the bidders shall be performed by using the Fax, E-mail or Postal Address mentioned in the Bidder's Information.

End of Section Ill: Instructions to Bidders (ITB)

Tender No. NDCL/CC0-01/073-74 for Suµply and Delivery of NT (Nepal Telecom)Rccharge Cards


Section V: Sample Forms Sample No. 11

Application for the Purchase of Tender Document

To: Nepal Doorsancha r Company Limited (Nepa l Telecom),

Office of Chief Commercial Officer, Central Office, Bhadrakali Plaza, Kathmandu, Nepal.

Subject: Purchase of Tender Document

We, ------------------------------------------- {Specify name of the Bidder, having office at ------- (Specif y Address) have

gone through the Bidder's Eligibility and Equipment Field Proven-ness criteria (Clause No. 16 of Section 111) fo r Tender Invitation No. NDCL/ CC0-01/ 073-74 for Supply and Delivery of NT (Nepal Telecom) Recharge cards published in daily newspaper "The Gorkhapatra" and in your Website (htt p:/eproc.ntc.net.np) and wi ll ing to participate in sa id Tender Invitation.

Therefore, we are hereby submitt ing non-refundable fee of NPR. ... {Nepalese Rupees: ... only) and hereby authorize -------------------------------(Specify Name and Address of Bidder/Agent) to co llect the Tender

Document on behalf of our company.

Please find below the details of our au thori £ed contact person and kindly request you to make al l the

correspondences related to Tender No. NDCL/ CC0 -01/073-74 before the opening of Bids.

Details of the Contact Person for the Correspondences:

Name:

Des ignation:

Company Name:

Tel:

Fax:

E-mail:

[Signature for and on behalf of Bidder] [Name] ---------------------[Designation) -··----------------Date:

Sea l of the Company

Signature of Document Collector:

- Tende• No. N0CL/( co-01/073 -74 Im S"pply and DeU,e.y of NT (N epal Telec;;;.,)Rech; ,ge c .. d7~ 63 -