REVISED LAN and Clean Power Solution Oct 6. Final

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Tender Document for

Provision oI Local Area Network (LAN)
Communication InIrastructure, Supply and Installation
oI Automatic Voltage Regulators (AVR) &
Uninterrupted Power Supply (UPs) Units, at Ten (10)
Selected SSNIT Branch OIIices

Social Security and National Insurance
Trust (SSNIT)
Accra, Ghana

October 5, 2011

i

SOCIAL SECURITY & NATIONAL INSURANCE TRUST
INVITATION TO TENDER
(NATIONAL COMPETITIVE TENDERING (NCT))

A. The Social Security and National Insurance Trust (SSNIT) oI Ghana intends to apply part
oI its budgetary allocation to Iund the Provision oI a Local Area Network (LAN)
Communication InIrastructure, Supply And Installation oI Automatic Voltage Regulators
(AVR) & Uninterrupted Power Supply (UPs) Units at the under-listed SSNIT OIIices
1. AssinFosu
2. Axim
3. Bekwai
4. Dunkwa
5. Goaso
6. Ho
7. Swedru
8. Tarkwa
9. Tema Habour
10.Breman Asikuma
B. The complete solution includes various components such as supply, installation,
Provision and commissioning oI a turnkey Local Area Network (LAN) Communication
and a clean Power solution.
C. The objective is to build a robust Communication InIrastructure that shall support the
data, video, uniIied communication and automate the core business process in a secure
and seamlessly integrated manner.
D. The Communication InIrastructure components include but not limited to the Iollowing;
i. Provision oI Structured Local Area Network to support Data, Voice,
Images and Video.
ii. Supply line interactive UPS with automatic voltage regulator to
provide clean power to the inIrastructure

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E. The tenderer shall meet the minimum criteria below:
i. Must have carried out at least three (3) similar veriIiable projects with a minimum oI 40
dual data points.
ii. A minimum oI three (3) years demonstrable operational experience in similar projects
iii. Must have Iinancial capability to undertake this project.
iv. Must submit an audited account oI the past 2 years (2009-2010).
v. The Companies shall submit valid SSNIT, IRS clearance certiIicate& VAT registration
certiIicate. i.e the certiIicates should not have expired beIore the tender opening date
November 16, 2011
vi. The tenderer shall include in the response a design oI the proposed solution.

Tenders must be deposit ed in t he Tender Box locat ed at t he oIIice oI t he
Di rector General on the 5
t h
loor of SSNIT Pensi on House at or before
10:00am, November 16, 2011Tenders shall be valid Ior a period oI 120 days aIter
the deadline oI Tender submission.

All Tenders must be accompanied by a Tender security oI Five Thousand Ghana Cedis
(GHT5,000.00) in the Iorm oI (a) certiIied cheque, or (b) a bank guarantee or irrevocable
Letter oI Credit issued by a reputable bank selected by the Tenderer.

Late Tenders will be rejected. Tenders will be opened in the presence oI the Tenderers`
representatives, who choose to attend at the address below at 10:30 GMT on
November 16, 2011

Building: SSNIT Head OIIice, Tower Block
Road: Pension Road
Room Number: Mini Boardroom (1
st
Floor)
City: Accra Ghana

Tenders must be clearly marked 'Provision of LAN Communication Infrastructure at
Selected SSNIT Offices and addressed to the address below.

The Chairman,
SSNIT Tender Administration Taskforce
Social Security and National Insurance Trust (SSNIT),
Pension Road,
PO Box MB 149,
Ministries - Accra, Ghana

iii
Introduction

This Standard Tender Document Ior Procurement oI InIormation Technology Products has
been prepared Ior use by Procurement Entities, in accordance with the Public Procurement
Act, 2003, (Act 663) in procuring oII-the-shelI InIormation Technology (IT) products and
related installation and maintenance services through single-stage National Competitive
Tender (NCT) procedures, with or without pre-qualiIication. This document reIlects best
internationally acceptable practices.

A brief description of the contents of this document is provided below

PART 1 - TENDERING PROCEDURES

Section I: Instructions to Tenderers (ITT)
This Section provides relevant inIormation to help Tenderers prepare their
Tenders. InIormation is also provided on the submission, opening, and
evaluation oI Tenders and on the award oI Contracts. Section I contains
provisions that are to be used without modification

Section II Tender Data Sheet (TDS)
This Section consists oI provisions that are speciIic to each procurement. The
section supplements the inIormation or requirements included in Section I
(Instructions to Tenderers).

Section III Evaluation and Qualification Criteria
This Section contains the criteria to determine the lowest evaluated Tender
and the qualiIications oI the Tenderer to perIorm the contract.

Section IV: Tender orms
This Section contains the Iorms to be used Ior the Tender, Price Schedules,
and Tender Security
Section V Eligible Countries

This Section contains inIormation regarding eligible countries.

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PART 2 - SUPPLY REQUIREMENTS

Section VI Schedule of Supply

This Section contains the Implementation Schedule, Required Products and
Services Schedules, and the Deployment Schedule.

Section VII Technical Specification

This Section describes the essential attributes oI the IT Products and Related
Services.

PART 3 - CONTRACT

Section VIII General Conditions of Contract (GCC)
This Section contains the general clauses to be applied in all contracts. The
text of the clauses in this Section must not be modified

Section IX Special Conditions of Contract (SCC)
This Section contains clauses speciIic to each contract that modiIy or
supplement Section VIII (General Conditions oI Contract).

Section X: Contract orms
This Section contains the Iorm Ior the Contract orm, which, once
completed, incorporates any corrections or modiIications to the accepted
tender relating to amendments permitted by the Instructions to Tenderers, the
General Conditions oI Contract, and the Special Conditions oI Contract.
The Iorms Ior Performance Security and the Bank Guarantee Advance
Payment, when required, shall only be completed by the successIul Tenderer
aIter contract award. The Iorm Ior Producer`s Authorization shall be
completed as required by the Producers oI key oIIered products.

Section XI: Draft Service Level Agreement (SLA)

1

T E N D E R D O C UM EN T

Issued on: October 5, 2011

or

Provision oI Local Area Network Communication
InIrastructure, Supply and Installation oI Automatic
Voltage Regulators (AVR) & Uninterrupted Power
Supply (UPs) Units, at Ten (10) Selected SSNIT
Branch OIIices

Purchaser: SOCIAL SECURITY AND NATIONAL
INSURANCE TRUST (SSNIT)
Section I Instructions to Tenderers 3
3

Standard Tender Document

Table of Contents

PART 1 - Tendering Procedures 4
Section I. Instructions to Tenderers ...................................................................................... 5
Section II. Tender Data Sheet ............................................................................................. 34
Section III. Evaluation Criteria ........................................................................................... 40
Section IV. Tender Forms .................................................................................................. 43
Section V. Eligible Countries ............................................................................................. 58
PART 2 - Supply Requirements 60
Section VI Schedule oI Supply ..........................57
Section VII. Schedule oI Requirements .............................................................................. 61
PART 3 - Contract 111
Section VII1. General Conditions oI Contract ................................................................... 112
Section IX. Special Conditions oI Contract ...................................................................... 152
Section X. Contract Forms ............................................................................................... 157
Section XI.DraIt Service Level Agreement SLA)..................144

Section I Instructions to Tenderers

4

PART 1 - Tendering Procedures


5

Table of Clauses

A General 7
1. Scope oI Tender......................................................................................................... 7
2. Source oI Funds ......................................................................................................... 7
3. Corrupt Practices .............................7
4. Eligible Tenderers ..................................................................................................... 8
5. Eligible Goods and Related Services........................................................................ 10
B Contents of Tender Document 10
6. Sections oI Tender Document ................................................................................. 10
7. ClariIication oI Tender Document and Pre-Tender Meeting ..................................... 11
8. Site Visit ..............................12
9. Amendment oI Tender Document ............................................................................ 12
C Preparation of Tenders 12
10. Cost oI Tendering .................................................................................................... 12
11. Language oI Tender ................................................................................................. 12
12. Documents Comprising the Tender .......................................................................... 13
13. Tender Prices and Discounts .................................................................................... 14
14. Currencies oI Tender ............................................................................................... 16
15. Documents Establishing the Eligibility oI the Tenderer............................................ 17
16. Documents Establishing the Eligibility oI Products and Services ........................... 17
17. Technical Proposal .................................................................................................. 18
18. Documents Establishing the QualiIications oI the Tenderer ..................................... 18
19. Period oI Validity oI Tenders ................................................................................... 19
20. Tender Security ....................................................................................................... 20
21. Format and Signing oI Tender ................................................................................. 21
D Submission and Opening of Tenders 21
22. Sealing and Marking oI Tenders .............................................................................. 21
23. Deadline Ior Submission oI Tenders ........................................................................ 22
24. Late Tenders ............................................................................................................ 22
25. Withdrawal, and ModiIication oI Tenders ............................................................... 22
26. Tender Opening ....................................................................................................... 23

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E Evaluation and Comparison of Tenders 24
27. ConIidentiality ......................................................................................................... 24
28. ClariIication oI Tenders ........................................................................................... 24
29. Responsiveness oI Tenders ...................................................................................... 25
30. NonconIormities, Errors, and Omissions .................................................................. 25
31. Preliminary Examination oI Tenders ........................................................................ 26
32. Evaluation oI Technical Merit ................................................................................. 27
33. Conversion to Single Currency ................................................................................ 27
34. Adjustments to Tender Prices ......................28
35. Exclusions ...............................28
36. Domestic PreIerence.........................29
37. Maintenance Costs ..........................29
38. Evaluation oI Tender Costs.......................30
39. Comparison oI Tenders ............................................................................................ 30
Post-Qualification and Award of Contract 30
40. PostqualiIication oI the Tenderer ............................................................................. 30
41. Purchaser`s Right to Accept Any Tender, and to Reject Any or All Tenders ............ 31
42. Award Criteria ......................................................................................................... 31
43. Purchaser`s Right to Vary Quantities at Time oI Award ........................................... 31
44. NotiIication oI Award .............................................................................................. 32
45. Signing oI Contract ..........................32
43. PerIormance Security............................................................................................... 32
45. Protests or Claims..........................33


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General
Scope of Tender 1.1 In support oI the Invitation Ior Tenders (IFT) indicated in the Tender Data
Sheet (TDS), the Procurement Entity named in the TDS, hereinaIter reIerred
to as 'the Purchaser, issues this Tender Document Ior the Procurement oI
InIormation Technology Products and Related Services as speciIied in Part 2
(Supply Requirements). The name, identiIication, and number oI lots oI the
National Competitive Tender (NCT) are provided in the TDS.
1.2 Throughout this Tender Document the terms deIined Clause 1.1 oI Section
VIII, General Conditions oI Contract (GCC) shall have the meanings deIined
therein and, iI the context so requires, singular means plural and vice versa.
1.3 Tendering will be conducted through the competitive tendering procedures
speciIied in the Public Procurement Act, 2003, Act 663 oI the Republic oI
Ghana.
Source of unds 2.1 The Purchaser named in the Tender Data Sheet shall Iund this procurement
Irom part oI its budgetary allocation toward the realization oI the project
named in the TDS.
2.2 Payments will be made only at the request oI the Purchaser and upon
approval by a designated oIIicial oI the Republic oI Ghana in accordance
with the terms and conditions oI the contract agreement between the
Purchaser and the Supplier (hereinaIter called the Contract Agreement or
Contract), and will be subject in all respects to the Financial Administration
Act, 2003, Act 654 and the Financial Administration Regulations, 2004 oI
the Republic oI Ghana. No party other than the Supplier shall derive any
rights Irom the Contract Agreement or have any claim to the Iunds.
Corrupt
Practices
3.1 The Government oI Ghana (GOG) requires that all Procurement Entities as
well as Tenderers, Suppliers, Contractors and Consultants participating in
contracts Iinanced Irom the public Iunds oI the Republic oI Ghana, adhere to
the highest ethical standards, both during the tendering process and
throughout the execution oI such contracts. The list oI deIinitions set Iorth
below in conjunction with Section 92 and 93 oI the Public Procurement Act
2003, Act 663 involves the most common types oI corrupt practices, but is
not exhaustive. For this reason, the Public Procurement Board will also
consider claims oI similar nature involving alleged acts oI corruption, in
accordance with the established procedure.
(a). 'Bribery means the act oI unduly oIIering, giving, receiving or
soliciting anything oI value to inIluence the process oI procuring
goods or services, selecting consultants, or executing contracts.
(b). 'Extortion or 'Coercion means the act attempting to

8
inIluence the process oI procuring goods or services,
selecting consultants, or executing contracts by means oI
threats oI injury to person, property or reputation.
(c). 'Fraud means the misrepresentation oI inIormation or Iacts
Ior the purpose oI inIluencing the process oI procuring goods
or services, selecting consultants, or executing contracts, to
the detriment oI the Procurement Entity/Purchaser or other
participants.
(d). 'Collusion is an agreement between tenderers designed to
result in tenders at artiIicial prices that are not competitive.
3.2 II, in accordance with the administrative procedures oI the Public
Procurement Board, it is demonstrated that a government/public oIIicial,
or anyone acting on his or her behalI, and/or a Tenderer in a procurement
process or supplier/contractor during the execution oI the contract carried
out in connection with a project Iinanced Irom the public Iunds oI the
Republic oI Ghana has committed corrupt practices, the Public
Procurement Board or the appropriate Tender review Board will:
(a). reject a proposal to award a contract in connection with the
respective procurement process; and/or
(b). declare a Iirm and/or its personnel directly involved in
corrupt practices, temporarily or permanently ineligible to be
awarded Iuture contracts Iinanced Irom the public Iunds oI
the Republic oI Ghana.
3.3 The Tenderer shall disclose any commissions or Iees that may have been
paid or are to be paid to agents, representatives, or commission agents
with respect to the tendering process or execution oI the contract. The
inIormation disclosed must include the name and address oI the agent,
representative, or commission agent, the amount and currency, and the
purpose oI the commission or Iee. The inIormation must be included in
the Tender Submission Sheet. Furthermore, Tenderers shall be aware oI
the provision stated in Clauses 13.6 and 35.1 (c) oI the General
Conditions oI Contract.
3.4 Any communication between the Tenderer and the Purchaser related to matters
oI alleged Iraud or corruption must be made in writing
3.5 Any willIul misrepresentation in the Tender Form regarding legal ownership,
license or authorization to the Intellectual Property Rights in any Products
included in the tender shall be considered a Iraudulent practice
Eligible
Tenderers
4.1 A Tenderer may be a natural person, private, public or government-owned
legal entity, subject to ITT Clause 4.7, or any combination oI them with a
Iormal intent to enter into an agreement or under an existing agreement in
the Iorm oI a joint venture, consortium, or association, all parties shall

9
comply with the requirements oI GCC Clause 4.6.
4.2 A Tenderer, and all parties constituting the Tenderer, shall have the
nationality oI an eligible country, in accordance with Section V, Eligible
Countries. A Tenderer shall be deemed to have the nationality oI a country
iI the Tenderer is a citizen or is constituted, incorporated, or registered and
operates in conIormity with the provisions oI the laws oI that country. This
criterion shall also apply to the determination oI the nationality oI proposed
subcontractors or suppliers Ior any part oI the Contract including related
services.
4.3 A Tenderer should not be associated, or have been associated in the past,
directly or indirectly, with a Iirm or any oI its aIIiliates which have been
engaged by the Purchaser to provide consulting services Ior the preparation
oI the design, speciIications, and other documentations to be used Ior the
procurement oI the Products to be purchased under this Invitation Ior
Tender.
4.4 A Tenderer that is under a declaration oI ineligibility by the Public
Procurement Board in accordance with ITT Clause 3, at the date oI the
deadline Ior Tender submission or thereaIter, shall be disqualiIied.
4.5 Tenderers shall provide such evidence oI continued eligibility satisIactory to the
Purchaser as the Purchaser may reasonably request.
4.6 Tenderers oI an eligible country may be excluded iI:
(a) as a matter oI law or oIIicial regulation, Ghana prohibits
commercial relations with that country.
(b) by an act oI compliance with a decision oI the United Nations
Security Council taken under Chapter VII oI the Charter oI the
United Nations, Ghana prohibits any import oI goods Irom that
country or any payments to persons or entities in that country.

4.7 Government-owned enterprises shall be eligible only iI they can establish
that they are legally and Iinancially autonomous and operate under
commercial law.

4.8 Unless otherwise speciIied in the TDS, Tenderers may submit more than
one (separate and complete) tender in this tendering process, whether Ior
the same or diIIerent lots, and may also participate as subcontractors in
other tenders. Subcontractors may participate in more than one tender.

4.9 II a pre-qualiIication process has been undertaken Ior this procurement,
as indicated in the Purchaser`s Invitation Ior Tenders, only pre-qualiIied
Tenderers meeting all other eligibility criteria speciIied in ITT Clause 4
are eligible to tender.

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Eligible Products
and Services

5.1 All goods and services to be supplied under the Contract shall have their
origin in eligible source countries as speciIied in Section V, Eligible
Countries, and all expenditures made under the contract will be limited to
such products and services. Products and services originating Irom an
otherwise eligible country may be excluded iI that country is subject to the
conditions speciIied in ITT Clause 4.6.
5.2 For purposes oI this clause, 'origin means the place where the products are
produced or Irom where the Related Services are supplied. Products are
produced when, through manuIacturing, processing, soItware development
or substantial and major assembly or integration oI components, a
commercially recognized product results that diIIers substantially in its basic
characteristics or in purpose or utility Irom its components.
5.3 The origin oI the products and services is distinct Irom the nationality oI the
Tenderer and may be diIIerent.
5.4 By signing the Tender Form, the Tenderer conIirms that it has the right or
proper authorization to oIIer the proposed Products to the Purchaser under
the terms oI the Contract. The Tenderer shall demonstrate in accordance with
ITT Clause 18.2 that it has been duly authorized by the Producer oI the
Products to supply, in the Ghana, the key Products included in its tender that
the Tenderer does not itselI produce.

The Tender Document
Contents of
Tender
Document

6.1 The required products and related services, tender procedures, and contract
terms are prescribed in the tender document. The Tender Document consist
oI Parts 1, 2, and 3, which include all the Sections indicated below, and
should be read in conjunction with any Addenda issued in accordance with
ITT Clause 9.
PART 1 Tendering Procedures
O Section I. Instructions to Tenderers (ITT)
O Section II. Tender Data Sheet (TDS)
O Section III. Evaluation and QualiIication Criteria
O Section IV. Tender Forms
O Section V. Eligible Countries

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PART 2 Supply Requirements
O Section VI. Schedule oI Supply
O Section VII. Technical SpeciIications
PART 3 Contract
O Section VIII. General Conditions oI Contract (GCC)
O Section IX. Special Conditions oI Contract (SCC)
O Section X. Contract Forms
O Section XI. Service Level Agreement (SLA)
6.2 The Invitation Ior Tenders issued by the Purchaser is not part oI the Tender
Documents.
6.3 The Purchaser is not responsible Ior the completeness oI the Tender
Documents and their addenda, iI they were not obtained directly Irom the
Purchaser.
6.4 The Tenderer is expected to examine all instructions, Iorms, terms, and
speciIications in the Tender Documents. Failure to submit a tender
substantially responsive to the tender documents in every respect or Iailure to
Iurnish all inIormation or documentation required by the Tender Documents
will be at the Tenderer`s risk and may result in the rejection oI its tender.
Clarification of
Tender
Documents
7.1 A prospective Tenderer requiring any clariIication oI the Tender Document
shall contact the Purchaser in writing at the Purchaser`s address indicated in
the TDS. The Purchaser will respond in writing to any request Ior
clariIication no later than the number oI days speciIied in TDS prior to the
deadline Ior submission oI tenders, provided that such request is received no
later than the number oI days speciIied TDS prior to the deadline Ior
submission oI tenders. The Purchaser shall Iorward copies oI its response to
all those who have acquired the Tender Document directly Irom it, including
a description oI the inquiry but without identiIying its source. Should the
Purchaser deem it necessary to amend the Tender Document as a result oI a
clariIication, it shall do so Iollowing the procedure under ITT Clause 9.
7.2 When speciIied in the TDS, the Purchaser will organize and Tenderers may
attend a pre-tender meeting at the time and place indicated in the TDS. The
purpose oI the meeting will be to clariIy issues and answer questions on any
aspect oI the Tendering Document. Tenderers are requested, as Iar as
possible, to submit any questions in writing, to reach the Purchaser not later
than one week beIore the meeting. Minutes oI the meeting, including the
questions raised and responses given, together with any responses prepared
aIter the meeting, will be provided in writing without delay to all those who
acquired the Tender Document directly Irom the Purchaser. Any
amendment oI the Tender Document resulting Irom the pre-tender meeting
shall be made exclusively by issuing an amendment in accordance with ITT

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Clause 9 and not through the minutes oI the pre-tender meeting.
Site Visit 8.1 The Tenderer may wish to visit the Project Sites speciIied in the
Implementation Schedule in Section VI, Schedule oI Supply, Ior
installation oI the Products and obtain Ior itselI, at its own responsibility,
expense and risk, all inIormation necessary Ior preparing its tender and
entering into the Contract.
8.2 The Purchaser will organize the site visits concurrently with the pre-tender
meeting reIerred to in ITT Clause 7.2, as speciIied in the TDS.
Alternatively, the Purchaser may arrange Ior the Tenderer and any oI its
personnel or agents to visit the sites separate Irom the pre-tender meeting,
provided that the Tenderer gives the Purchaser advance notice oI a proposed
visit oI at least the number oI days speciIied in the TDS.
Amendment of
Tender
Documents

9.1 At any time prior to the deadline Ior submission oI Tenders, the Purchaser
may amend the Tender Documents by issuing addenda.

9.2 Any addendum issued shall be part oI the Tender Documents and shall be
communicated in writing to all who have obtained the Tender Documents
directly Irom the Purchaser.

9.3 To give Tenderers reasonable time to take an addendum into account in
preparing their Tenders, the Purchaser may, at its discretion, extend the
deadline Ior the submission oI Tenders, pursuant to ITT Sub-Clause 23.2

Preparation of Tenders
Cost of
Tendering
10.1 The Tenderer shall bear all costs associated with the preparation and
submission oI its Tender, and the Purchaser shall not be responsible or liable
Ior those costs, regardless oI the conduct or outcome oI the Tendering
process.
Language of
Tender
11.1 The Tender, as well as all correspondence and documents relating to the
Tender exchanged by the Tenderer and the Purchaser, shall be written in the
language speciIied in the TDS. Supporting documents and printed literature
that are part oI the Tender may be in another language provided they are
accompanied by an accurate translation oI the relevant passages into the
language speciIied in the TDS, in which case, Ior purposes oI interpretation
oI the Tender, such translation shall govern. InIormation supplied in any
language other than the language oI the tender without the proper translation
shall be rejected.

13
Documents
Comprising the
Tender
12.1 The Tender shall comprise the Iollowing:
(a) Tender Form Iurnished in Section IV, Tender Forms, duly
completed and signed in accordance with ITT Clauses 21.2. This
Iorm must be completed without any alterations to its Iormat, and
no substitutes shall be accepted. All blank spaces shall be Iilled in
with the inIormation requested;
(b) Written conIirmation authorizing the signatory oI the Tender to
commit the Tenderer, in accordance with ITT Clause 21.2;
(c) Tender Security Iurnished in accordance with ITT Clause 20;
(d) Price Schedules Iurnished in Section IV, Tender Forms, duly
completed in accordance with ITT Clauses 13 and 14 and the
General Instructions Ior the Tender Forms, signed in accordance
with ITT Clause 21.2 and including the declarations oI the country
oI origin required by ITT Clause 16 to conIirm that the Products
and Related Services oIIered by the Tenderer are oI eligible origin;

(e) Unless otherwise speciIied in the TDS under ITT Clause 13.4(d), the
Supplemental Agreements required pursuant to GCC Clause 8 Ior
provision oI Maintenance Period
Products and Services in accordance with GCC Clause 9.2;

(I) A list oI all key items oI the Products or Services that the Tenderer
proposes to purchase or subcontract Irom others, and the Iull name,
address and nationality oI the proposed Subcontractor Ior each oI
those items in the Schedule oI Key Subcontractors;

(g)Documentary evidence in accordance with ITT Clause 15
establishing the Tenderer`s eligibility to tender;

(h)Documentary evidence in accordance with ITT Clause 18
establishing the Tenderer`s qualiIications to perIorm the contract iI
its Tender is accepted;

(i) The Tenderer`s committed Implementation Schedule Ior arrival and
Installation oI the Products and delivery oI the Services speciIied in
the Schedule oI Supply;

(j) The Technical Proposal in accordance with ITT Clauses 17 and 29,
which shall include the Project Plan and documentary evidence that
the proposed Products and related services conIorm to the
requirements oI the Tender Document;

(k)A list oI deviations in the tender to the contractual terms or to the
Supply Requirements in the Tender Document. For any oI the

14
deviations to be considered, the Tenderer must speciIy the increase
in Tender Price that the Tenderer would accept Ior the withdrawal oI
the deviation, and indicate the exact speciIication or contractual
provision in the Tender Document to which the deviation applies.
Tenderers are reminded that their tender may be rejected as non-
responsive, pursuant to ITT Clause 29, iI material deviations are
taken or critical requirements are not met.

(l) any other documentation speciIied in the TDS.
Tender Prices
and Discounts
13.1 The Tenderer shall identiIy and express the prices oI the proposed
Products and Related Services in the Price Schedules and in the Tender
Form Iurnished in Section IV, Tender Forms, in accordance with the
instructions therein and the requirements speciIied below.

13.2 The terms EXW, CIP, etc., shall be governed by the rules prescribed in
the INCOTERMS 2000 edition published by the International Chamber
oI Commerce, Paris.

13.3 All items in the Required Products and Services Schedules in the
Schedule oI Supply must be listed and priced separately in the
appropriate Price Schedules in accordance with the General Instructions
Ior the Tender Forms in Section IV, using separate Price Schedules Ior
each lot. II a Price Schedule shows items listed but not priced, their
prices shall be assumed to be included in the prices oI other items. Items
not listed in the Price Schedule shall be assumed to be not included in
the tender and, provided that the tender is substantially responsive, the
corresponding adjustment shall be applied in accordance with ITT Sub-
Clause 30.4.

13.4 Prices Ior the proposed Products and Related Services shall be entered
separately in the Price Schedules, as Iollows:

(a) Unless otherwise speciIied in the TDS, unit and total prices oI
Products oIIered Irom outside Ghana shall be quoted CIP (named
place oI destination) to the Purchaser`s Project Sites speciIied in the
Implementation Schedule in Section VI, Schedule oI Supply, on the
Imported Products Price Schedule, as Iollows:

(i) Unit and total cost oI the Products, exclusive oI all taxes and
duties in Ghana. The Tenderer shall be Iree to use transportation
through carriers registered in any eligible country and to obtain
insurance Irom any eligible source country. Any speciIic
requirements Ior the contract oI carriage shall be speciIied in
SCC Clause 18.3(a).

15

(b) Prices oI Products oIIered Irom within Ghana, on the Locally
Supplied Products Price Schedule, as Iollows:

(i) Unit and total prices oI Products quoted EXW (ex works, ex
Iactory, ex warehouse, ex showroom, or oII-the shelI, as
applicable), including all customs duties and sales and other
taxes already paid or payable on the components and materials
used in the production oI the Products, or on the previously
imported Products, but excluding sales or other taxes assessed on
the Products in Ghana iI the contract is awarded.

(ii) the price Ior transportation, insurance, and other local costs
incidental to delivery oI the EXW components oI each
Installation Batch oI Products speciIied in the Implementation
Schedule in the Schedule oI Supply, to its designated Project
Site, unless otherwise speciIied in the TDS, listed separately Ior
each Installation Batch on the Related Services Price Schedule in
accordance with ITT Clause 13.4 (c).

(c) Prices Ior Services required by the Tender Document related to the
supply and Installation oI the Products during the Implementation
Period (e.g., delivery charges Ior EXW Products and Project
Implementation Services as described in GCC Clause 15) and Ior the
Warranty Period (e.g., maintenance and support services as
described in GCC Clauses 15, 16 and 17), including all incidental
costs associated with the provision thereoI, and all taxes, duties,
levies and Iees imposed on the Tenderer, its subcontractors, or
employees on account oI the Services in any country, shall be
separated into the local and Ioreign currency components on the
Related Services Price Schedule.

(d) Unless otherwise speciIied in the TDS, maximum costs (including
provision Ior any appropriate price escalation or adjustments over
time) Ior the Maintenance Period (as deIined in GCC Clause 1.1(q)),
on the Maintenance Costs Schedule with separate Products and
Services subtotals, as Iollows:

(i) The cost oI all supplies, soItware license renewals and
new versions, spare parts and other Products required
during the Maintenance Period or necessary Ior continued
successIul and proper operation oI the Products Ior the
Maintenance Period, quoted CIP or EXW in accordance with
ITT Clause 13.4(a) or 13.4(b) Ior Ioreign or locally supplied
Products, respectively; and


16
(ii) The cost oI all (recurrent or subscription) maintenance and
support services required during the Maintenance Period as
indicated in GCC Clause 9.2, separated into the local and Ioreign
currency components in accordance with ITT Clause 13.4(c).

(e) Totals oI the Prices Ior Products and Related Services, and Ior
Maintenance Costs, subtotaled by currency and delivery basis (EXW
or CIP), on the Tender Price Summary Schedule.

13.5 The Tenderer`s separation oI price components in accordance with ITT
Clause 13.4 above will be solely Ior the purpose oI Iacilitating the
comparison oI tenders and will not in any way limit the Purchaser`s right
to contract on any oI the terms oIIered.

13.6 The price to be quoted in the Tender Form, in accordance with ITT Clause
12.1(a), shall be the total price oI the tender, excluding any discounts
oIIered. The Tenderer shall quote any unconditional discounts and the
methodology Ior their application separately in the Tender Form.

13.7 Prices quoted by the Tenderer shall be Iixed during the Tenderer`s
perIormance oI the contract and not subject to variation on any account,
unless otherwise speciIied in the TDS. A tender submitted with an
adjustable price quotation will be treated as non-responsive and will be
rejected, pursuant to ITT Clause 29. II, however, in accordance with the
TDS, prices quoted by the Tenderer shall be subject to adjustment during
the perIormance oI the contract, a tender submitted with a Iixed price
quotation will not be rejected, but the price adjustment would be treated as
zero.

13.8 II so speciIied in the TDS under ITT Clause 1.1, tenders are being invited
Ior individual lots (contracts) or Ior any combination oI lots. Tenderers
wishing to oIIer any discount or price reduction Ior the award oI more
than one Contract (lot) shall speciIy in their tender the price reductions
applicable to individual lots or to a combination oI lots. Price reductions
or discounts shall be submitted in accordance with ITT Sub-Clause 13.6,
provided that the tenders Ior all lots are submitted and opened at the same
time.

Currencies of
Tender
14.1 Tender Prices shall be quoted in the Iollowing currencies:

(a) Ior Products and Related Services originating in Ghana, including
delivery and insurance Ior EXW products, the Tender prices shall be
quoted in the currency oI Ghana, the Cedi (GHC) unless otherwise
speciIied in the TDS; and


17

(b) For Products and Services to be supplied Irom outside Ghana, in the
currency oI the Tenderer`s home country or in another currency widely
used in international trade. II the Tenderer wishes to be paid in a
combination oI diIIerent currencies, it must quote its price
accordingly, but no more than three Ioreign currencies may be used.

Documents
Establishing the
Eligibility of the
Tenderer
15.1 To conIirm their eligibility in accordance with ITT Clause 4, Tenderers shall
complete the eligibility declarations in the Tender Form, included in Section
IV, Tender Forms.
15.2 In the absence oI pre-qualiIication, documentary evidence oI the
Tenderer`s eligibility to tender shall establish to the Purchaser`s
satisIaction that the Tenderer and all parties constituting the Tenderer are,
at the time oI tender submission, eligible to participate in the Tender
process as deIined in ITT Clause 4, including but not limited to
documentary evidence that the Tenderer is legally incorporated or
registered in a territory oI an eligible country as deIined in ITT Clause
4.2 and operates in conIormity with the provisions oI the laws oI that
country.

15.3 II a Tenderer intends to subcontract the supply oI any Products or
Services designated as a 'Key Item in the Schedule oI Supply, it shall
include in the tender details oI the name and nationality oI the proposed
Subcontractor, ensure that the Subcontractor complies with the
requirements oI ITT Clause 4 and that the Products or Services to be
provided by the Subcontractor comply with the requirements oI ITT
Clause 5, and shall be responsible Ior submitting the related evidence
required by ITT Clause 15.2 with the tender.

In the case oI a joint venture, consortium, or association, unless otherwise
speciIied in the TDS, all parties shall comply with and Iormally agree to the
requirements oI ITT Clause 4 and GCC Clause 4.6, which agreement shall be
evidenced by including a statement to this eIIect in the authorization mentioned
under ITT Clauses 12.1(b) and 21.2, as well as in the tender.

Documents
Establishing
Eligibility of
Products and
Services
16.1 To establish the eligibility oI the Products and Related Services in
accordance with ITT Clause 5, Tenderers shall complete the country oI origin
declarations in the Price Schedules Iurnished in Section IV, Tender Forms.
Countries should be identiIied using oIIicial ISO standard 3166 country codes.


18
Technical
Proposal
17.1 Standards Ior workmanship, process, material, and equipment, as well as
reIerences to brand names or model numbers or national or proprietary
standards speciIied by the Purchaser in Part 2 Supply Requirements,
are intended to be descriptive only and not restrictive. Except where
explicitly prohibited in the TDS Ior speciIic items or standards, the
Tenderer may substitute alternative standards, brand names, and/or model
numbers, provided that it demonstrates to the Purchaser`s satisIaction,
that the substitutions ensure substantial equivalence or are superior to
those speciIied in the Supply Requirements.

17.2 To establish the conIormity oI the Products and Related Services to the
Tender Document, the Tenderer shall Iurnish as part oI its tender the
documentary evidence constituting the Technical Proposal, which should
Iollow the outline and structure (including section and speciIication
numbering) oI Section VII, Technical SpeciIications, including the
Iollowing:

(a) A point-by-point response to the Purchaser`s Technical
SpeciIications, including a detailed description oI the essential
technical and perIormance characteristics oI the proposed Products
and Related Services, demonstrating their substantial
responsiveness to the speciIications and the underlying business
requirements;

(b) A detailed and comprehensive Project Plan Ior successIul and
timely project implementation in accordance with the
Implementation Schedule and the project planning and management
requirements in the Technical SpeciIications;

(c) Annex I, consisting oI a description oI any deviations and
exceptions to the Technical SpeciIications; and

(d) Annex II, consisting oI any additional literature, documentation,
drawings, data or other inIormation or documentary evidence
speciIied in TDS or oIIered by the Tenderer in support oI the
Tender.
Documents
Establishing the
Qualifications of
the Tenderer
18.1 To establish its qualiIications to perIorm the Contract, the Tenderer shall
submit the evidence indicated Ior each qualiIication criteria speciIied in
Section III.C, Mandatory QualiIication Criteria.

18.2 By submission oI documentary evidence in its tender, the Tenderer
must also establish the Iollowing to the Purchaser`s satisIaction:

(a) that it has the Iinancial, technical, and production capability

19
necessary to perIorm the Contract and has a successIul
perIormance history with similar projects.

(b) that, in the case oI a Tenderer oIIering to supply those items oI the
Products or recurrent supply Services designated as 'Key Items in
Section VI, Schedule oI Supply which the Tenderer did not itselI
produce, the Tenderer has been duly authorized by the Producer or the
Service provider to oIIer and supply those Products and/or Services in
Ghana. This will be accomplished by submission oI a Producer`s
Authorization Form Iurnished in Section IV, Tender Forms Ior each key
item.

(c) that, in the case oI a Tenderer not doing business within Ghana, the
Tenderer is or will be (iI awarded the Contract) represented by an Agent
in Ghana who is equipped, and able to carry out the Tenderer`s
Implementation, Warranty and Maintenance Period service obligations
speciIied in GCC and the Supply Requirements.

18.3 Tenders submitted by a joint venture, consortium or association shall also
comply with the requirement that the party or combination oI parties
responsible Ior provision oI a speciIic component or aspect oI the project
and Contract must meet the relevant minimum qualiIication criteria Ior
that component or aspect.

18.4 II a pre-qualiIication process has been undertaken Ior this procurement,
as indicated in the Purchaser`s Invitation Ior Tenders, the Tenderer shall,
as part oI its tender, update any inIormation submitted with its application
Ior pre-qualiIication.

Period of
Validity of
Tenders
19.1 Tenders shall remain valid Ior the period speciIied in the TDS aIter the
Tender submission deadline date prescribed by the Purchaser. A Tender
valid Ior a shorter period shall be rejected by the Purchaser as non-
responsive.
19.2 In exceptional circumstances, prior to the expiration oI the tender validity
period, the Purchaser may request Tenderers to extend the period oI
validity oI their tenders. The request and the responses shall be made in
writing. A Tenderer may reIuse the request without IorIeiting its tender
security. A Tenderer that has submitted more than one tender must either
provide the requested extension Ior all its tenders or reIuse the extension
Ior all its tenders. A Tenderer agreeing to the request will not be required
or permitted to modiIy its tender, but will be required to extend the
validity oI its tender security Ior all oI its tenders Ior a corresponding
period. A Tenderer may reIuse the request without IorIeiting its tender
security.

20
Tender Security 20.1 Pursuant to ITT Clause 12.1, the Tenderer shall Iurnish, as part oI its
tender, a tender security in the amount and currency speciIied in the TDS
The Tender security shall be valid Ior thirty days (30) beyond the end oI
the period oI validity oI the Tender speciIied in ITT Clause 19, including
any extensions thereto.

20.2 The Tender security shall be, at the Tenderer`s option, in the Iorm oI:

(a) a bank guarantee;

(b) an irrevocable letter oI credit; or

(c) a certiIied cheque;

(d) an insurance bond

all Irom a reputable bank or insurance/bonding company acceptable to
the Purchaser, Irom an eligible country. The tender security shall be
submitted either using the Tender Security Form included in Section IV,
Tender Forms, or in another substantially similar Iormat. In any case,
the Iorm must include the complete name oI the Tenderer.

20.3 The tender security oI a joint venture, consortium or association shall be
issued in the name oI the entity submitting the Tender. In the event that
the joint venture, consortium or association agreement is not to be
executed until notiIication oI award, the Tender security shall be issued
so as to commit Iully all parties thereto.

20.4 Any tender not accompanied by an acceptable tender security shall be
rejected by the Purchaser as non-responsive.

20.5 The tender security is required to protect the Purchaser against the risk
oI the Iollowing conduct by a Tenderer which would warrant and may
result in the security`s IorIeiture Ior all oI the Tenderer`s Tenders:

(a) iI a Tenderer withdraws any oI its Tenders aIter the deadline Ior
Tender submission but during the period oI Tender validity speciIied
under ITT Clause 19, except as provided in ITT Clause 19.2;
or

(b) Iails to accept the Purchaser`s adjustments to Tender Price, pursuant
to ITT Clause 34.

(c) in the case oI the successIul Tenderer, iI the Tenderer Iails to:

(i) sign the Contract or any Supplemental Agreements in

21
accordance with ITT Clause 45; or

(ii) Iurnish perIormance security in accordance with ITT
Clause 46; or

20.6 The tender security oI unsuccessIul Tenderers shall be returned as
promptly as possible upon the successIul Tenderer`s Iurnishing oI the
perIormance security pursuant to ITT Clause 46, but not later than thirty
(30) days aIter the expiration oI the period oI Tender validity.

20.7 The tender security oI the successIul Tenderer shall be returned as promptly
as possible once the successIul Tenderer has signed the Contract and Iurnished
the required perIormance security.

ormat and
Signing of
Tender
21.1 The Tenderer shall prepare one original and the number copies oI the tender
speciIied in the TDS clearly marking each one as 'ORIGINAL TENDER,
'COPY 1, 'COPY 2, etc., as appropriate. In the event oI any discrepancy
between the original and the copies, the original shall govern.
21.2 The original and all copies oI the tender shall be typed or written in indelible
ink and shall be signed by a person or persons duly authorized to sign on
behalI oI the Tenderer. This authorization shall consist oI a written
conIirmation as speciIied in the BDS and shall be attached to the Tender. In
the case oI a joint venture, consortium, or association, authorizations are also
required Irom all parties therein in accordance with ITT Clauses 4.1 and
15.4. The name and position held by each person signing an authorization
must be typed or printed below the signature.
21.3 All pages oI the tender, except Ior unamended printed literature, shall be
signed or initialed by the person or persons signing the tender. Any
interlineations, erasures, or overwriting shall be valid only iI they are signed
or initialed by the person or persons signing the Tender.
21.4 The Tenderer shall Iurnish inIormation as described in the Tender Form on
commission or gratuities, iI any, paid or to be paid to agents relating to this
Tender, and to contract execution iI the Tenderer is awarded the contract.

Submission and Opening of Tenders
Sealing and
Marking of
Tenders
22.1 The Tenderer shall seal the original and each copy oI the bid in
separate envelopes, duly marking the envelopes as 'ORIGINAL
and 'COPY NO. These envelopes containing the original and
the copies shall then be enclosed in one single outer envelope.

22.2 The inner and outer envelopes shall:


22
(a) be addressed to the Purchaser at the address speciIied in
TDS under ITB Clause 23.1;
(b) bear the Project name and the ICB name and number
speciIied in TDS under ITB Clauses 2.1 and 1.1,
respectively; and

(c) bear a warning 'DO NOT OPEN BEFORE November
16, 2011, to be completed with the time and the date oI
bid opening speciIied in TDS under ITB Clause 26.

22.3 The inner envelopes shall also bear the name and address oI the
Tenderer so that the tender can be returned unopened in case it is
declared late under ITT Clause 24

22.4 II the outer envelope is not sealed and marked as required, the
Purchaser will assume no responsibility Ior the tender`s
misplacement or premature opening. II the outer envelope
discloses the Tenderer`s identity, the Purchaser will not
guarantee the anonymity oI the tender submission, but this
disclosure will not constitute grounds Ior tender rejection.
23.1
Deadline for
Submission of
Tenders
23.1 Tenders must be received by the Purchaser at the address and no later than
the date and time indicated in the TDS.
23.2 The Purchaser may, at its discretion, extend the deadline Ior the submission
oI Tenders by amending the Tender Document in accordance with ITT
Clause 9, in which case all rights and obligations oI the Purchaser and
Tenderers previously subject to the deadline shall thereaIter be subject to the
deadline as extended.
Late Tenders 24.1 The Purchaser shall not consider any Tender that arrives aIter the deadline
Ior submission oI Tenders, in accordance with ITT Clause 24. Any Tender
received by the Purchaser aIter the deadline Ior submission oI Tenders shall
be declared late, rejected, and returned unopened to the Tenderer.

ithdrawal and
Modification of
Tenders
25.1 The Tenderer may modiIy or withdraw its tender aIter submission,
provided that written notice oI the modiIication or withdrawal is received
by the Purchaser prior to the deadline prescribed Ior submission oI
tenders. No tender may be modiIied aIter the deadline Ior submission oI
tenders.

25.2 The Tenderer`s modiIication or withdrawal notice shall be prepared,
sealed, marked, and dispatched in accordance with the provisions oI ITT
Clauses 21 and 22. A withdrawal notice may be sent electronically, but
must be Iollowed by a signed conIirmation copy, postmarked not later

23
than the deadline Ior submission oI tenders. Notices received aIter the
tender submission deadline will be ignored, and the submitted tender will
be deemed to be a valid tender as originally submitted. ModiIications
shall include the same number oI copies as required Ior the tender.

25.3 No tender may be withdrawn in the interval between the deadline Ior
submission oI tenders and the expiration oI the period oI tender validity
speciIied by the Tenderer on the Tender Form. Withdrawal oI a tender
during this interval may result in the IorIeiture oI the tender security Ior
all oI the Tenderer`s tenders, pursuant to ITT Clause 20.5.

Tender Opening 26.1 The Purchaser open all tenders in the presence oI Tenderers`
representatives who choose to attend, at the place, date and time speciIied
in the TDS. Tenderers` representatives who attend shall sign a register as
prooI oI their attendance
26.2 First, envelopes marked 'WITHDRAWAL shall be opened and read out
and the corresponding tender envelope shall be returned unopened to the
Tenderer. Next, envelopes marked 'MODIFICATION shall be opened
and read out with the corresponding tender. No tender withdrawal or
modiIication shall be permitted unless the corresponding notice contains
a valid authorization to request the withdrawal or modiIication and the
notice is read out at tender opening.

26.3 All tenders shall be opened one at a time, reading out: the name oI the
Tenderer and whether there is a modiIication; the Tender Prices,
including any discounts oIIered; the presence oI any required tender
security; the presence or absence oI required authorizations; and any
other details as the Purchaser may consider appropriate.

26.4 Only envelopes that are opened and read out at tender opening shall be
considered Iurther, irrespective oI the circumstances. No tender shall be
rejected at tender opening, except Ior late tenders as deIined in ITT
Clause 24.
26.5 During the tender opening, the Purchaser shall prepare minutes oI the
proceedings that shall include, as a minimum: the name oI the Tenderer
and whether there is a withdrawal or modiIication; the Tender Price, per
lot iI applicable, including any discounts oIIered; and the presence or
absence oI the required tender security and authorization.
26.6 The Tenderers` representatives who are present shall be requested to sign the
minutes. The omission oI a Tenderer`s signature on the record shall not
invalidate the contents and eIIect oI the record. A copy oI the record shall be
distributed to all Tenderers who request them.


24

Evaluation and Comparison of Tenders
Confidentiality 27.1 InIormation relating to the examination, evaluation, comparison, and
post-qualiIication oI tenders, and recommendation oI contract award,
shall not be disclosed to tenderers or any other persons not oIIicially
concerned with such process until inIormation on Contract award is
communicated to all tenderers.
27.2 Any eIIort by a Tenderer to inIluence the Purchaser in the examination,
evaluation, comparison, and post-qualiIication oI the tenders or Contract
award decisions may result in the rejection oI its tender.

27.3 From the time oI tender opening to the time oI Contract award, iI any
Tenderer wishes to contact the Purchaser on any matter related to the
Tender process, it should do so in writing.

Clarification of
Tenders
28.1 To assist in the examination, evaluation, comparison and post-qualiIication
oI the Tenders, the Purchaser may, at its discretion, ask any Tenderer Ior a
clariIication oI its Tender. Any clariIication submitted by a Tenderer in
respect to its Tender and that is not in response to a request by the Purchaser
shall not be considered. The Purchaser`s request Ior clariIication and the
response shall be in writing. No change in the prices or substance oI the
Tender shall be sought, oIIered, or permitted, except to conIirm the
correction oI arithmetic errors discovered by the Purchaser in the evaluation
oI the Tenders, in accordance with ITT Clause 30.

25
Responsiveness
of Tenders
29.1 The Purchaser`s determination oI a tender`s responsiveness will be based
on the contents oI the tender itselI and any clariIications thereto obtained
in accordance with ITT Clause 28.

29.2 A substantially responsive tender is one that conIorms to all the terms,
conditions, and mandatory requirements oI the Tender Document without
material deviation, reservation, objection, or omission. A material
deviation, reservation, objection, or omission is one that:

(a) aIIects in any substantial way the scope, quality, or perIormance oI
the Products and Related Services speciIied in the Tender
Document; or

(b) limits in any substantial way, inconsistent with the Tender
Document, the Purchaser`s rights or the Tenderer`s obligations
under the Contract; or

(c) the acceptance oI which would unIairly aIIect the competitive
position oI other Tenderers presenting substantially responsive
tenders.

29.3 II a tender is not substantially responsive, it shall be rejected by the
Purchaser and may not subsequently be made responsive by the Tenderer by
correction oI the nonconIormity.
Non-Conformities,
Errors, and
Omissions
30.1 Provided that a tender is substantially responsive, the Purchaser may
waive any non-conIormity, error or omission in the tender that does not
constitute a material deviation.

30.2 Provided that a tender is substantially responsive, the Purchaser may
request that the Tenderer submit necessary inIormation or documentation
within a reasonable period oI time, to rectiIy nonmaterial non-
conIormities or omissions in the tender related to documentation
requirements. Such omission shall not be related to any aspect oI the
price oI the tender. Failure oI the Tenderer to comply with the request
may result in the rejection oI its tender

30.3 Provided that a tender is substantially responsive, the Purchaser shall
correct arithmetical errors on the Iollowing basis:

(a) iI there is a discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and quantity, the unit
price shall prevail and the total price shall be corrected, unless in
the opinion oI the Purchaser there is an obvious misplacement oI

26
the decimal point in the unit price, in which case the total price as
quoted shall govern and the unit price shall be corrected;

(b) iI there is an error in a total corresponding to the addition or
subtraction oI subtotals, the subtotals shall prevail and the total
shall be corrected; and

(c) iI there is a discrepancy between words and Iigures, the amount in
words shall prevail, unless the amount expressed in words
expresses an arithmetic error.

30.4 Provided that a tender is substantially responsive, the cost oI any Product
or Related Service that has been omitted or is necessary to correct a
minor deviation will be added to the Tender Price, Ior comparison
purposes only, using the highest unit cost Irom among the other
responsive tenders, or, in the absence oI such costs, Irom the source
indicated in the TDS. II the missing Product or Service corresponds to
technical evaluation criteria, it will be scored at zero points.

30.5 II the Tenderer that submitted the lowest evaluated tender does not accept
the correction oI errors, all oI its tenders shall be disqualiIied and its tender
security may be IorIeited.

Preliminary
Examination of
Tenders
31.1 The Purchaser shall examine the tenders to conIirm that all documents,
securities and authorizations requested in ITT Clause 12 have been
provided, and to determine the completeness oI each document
submitted. II any oI the Iollowing documents or inIormation are missing,
the tender shall be rejected:

(a) Complete and properly signed Tender Form and Price Schedules,
valid Ior the requisite period;

(b) Written conIirmation oI authorization to commit the Tenderer;
and

(c) The requisite Tender Security

31.2 The Purchaser shall examine the tenders, including the list oI deviations
deIined in ITT Clause 12.1(k), to conIirm that all terms and conditions
speciIied in the GCC and the SCC have been accepted by the Tenderer
without any material deviation or reservation.

31.3 The Purchaser shall examine the tenders to veriIy their eligibility and
qualiIications in accordance with ITT Clauses 15, 16 and 18, and Section

27
III.C, Mandatory QualiIication Criteria. In the case oI pre-qualiIication,
the Purchaser will ensure that each tender is Irom a pre-qualiIied
Tenderer.

31.4 The Purchaser shall examine the Annex to the Technical Proposal
described in ITT Clause 17.2 to veriIy that each tender IulIills the
mandatory technical speciIications in Section VI, Schedule oI Supply.

31.5 II, aIter the examination oI a tender`s acceptance oI the terms and
conditions, eligibility and qualiIications, and compliance with the
mandatory technical speciIications, the Purchaser determines that the
tender is not substantially responsive in accordance with ITT Clause 29,
it shall reject the tender.

Evaluation of
Technical Merit
32.1 The Purchaser shall conduct a detailed evaluation oI the Technical
Proposals oI all tenders which remain responsive Iollowing the
Preliminary Examination to conIirm that they IulIill all the mandatory
requirements oI the Tendering Document.

32.2 Unless otherwise speciIied in Section III.B, Technical Merit Evaluation
Criteria, the Purchaser`s detailed evaluation oI responsive tenders will
take into account technical Iactors, in addition to cost Iactors, by
calculating a technical merit discount Iactor (Dt), employed as described
in ITT Clause 38 and calculated as Iollows:

Dt 1 - ((St / 100) x (T / 100)), where:

St The technical score, up to 100 points, awarded to the tender as
prescribed in Section III.B, Technical Merit Evaluation Criteria.

T The percentage weight Ior technical merit, as speciIied in Section
III.B, Technical Merit Evaluation Criteria.
Conversion to
Single Currency
33.1 The currency and the date and source oI the exchange rate to be used Ior
converting tender prices Irom the various currencies in which they are
quoted by Tenderers to a common base Ior the purpose oI evaluation and
comparison oI tenders is speciIied in the TDS, which shall be either
(a) Ghanaian Cedi (GHC) and the selling exchange rate established Ior
similar transactions by the Central Bank or a commercial bank in
Ghana; or

(b) (b) a currency widely used in international trade, such as US dollars, and
the selling rate oI exchange published in the international press Ior the

28
amount payable in Ioreign currency; and the selling exchange rate
established Ior similar transactions by the Bank oI Ghana Ior the
amount payable in the Ghanaian Cedi (GHC).

Adjustments to
Tender Prices
34.1 The Purchaser will calculate the Adjusted Tender Price (P) oI each tender
on the basis oI the total prices Ior Products and Ior Related Services (but
initially excluding the Total Maintenance Costs) quoted in the Tender
Price Summary Schedule provided in Section IV, Tendering Forms, and
completed in accordance with ITT Clause 13, plus or minus the Iollowing
adjustments.

34.2 Correction oI arithmetic errors and omissions determined pursuant to ITT
Clause 30;

34.3 Adjustments due to discounts oIIered pursuant to ITT Clause 13.6. II
speciIied in the TDS under ITT Clause 1.1 that tenders are being invited
Ior individual lots (contracts) or Ior any combination oI lots, the
methodology oI evaluation to determine the lowest evaluated lot
combinations, including any multi-lot discounts oIIered in the Tender
Form, is speciIied in Section III, Evaluation and QualiIication Criteria.;

34.4 Adjustments Ior Implementation Schedule deviations, iI permitted in the
TDS, as Iollows: II a Tenderer oIIers an Implementation Schedule Ior
some or all oI the items that deviates Irom the Schedule oI Supply, a pro
rata increase or decrease oI the total price oI the aIIected items will be
added or subtracted using the percentage(s) speciIied in the TDS Ior each
week oI delay or advance. Tenders oIIering Installations beyond the
maximum permissible delay speciIied may be rejected;

34.5 Adjustments Ior deviations taken to the Contract payment schedule
speciIied in the SCC. II deviations are permitted in TDS, the Adjusted
Tender Price will be increased pro rata by the amount oI interest that could
otherwise be earned on the amount oI any payments that would Iall due
under the proposed schedule earlier than the schedule stipulated in the
Tendering Document, at the annual interest rate speciIied in the SCC;

34.6 The price increases associated with the withdrawal oI the deviations or
exceptions included the tender, in accordance with ITT Clause 12.1(k);

34.7 Adjustments due to the application oI a margin oI Domestic PreIerence in
accordance with ITT Clause 36
Exclusions 35.1 For the purpose oI evaluation, the Purchaser will exclude the Iollowing
Irom the Adjusted Tender Price (P) and also Irom the evaluation oI

29
Technical Merit:
(a) any Ghanaian taxes or duties due upon delivery oI the Products
or Services iI the Contract is awarded to the Tenderer that are
not included in tender prices pursuant to ITT Clause 13.4;

(b) any allowance Ior price adjustment during the period oI
execution oI the Contract, iI provided in the tender; and

(c) any unsolicited options or alternative oIIers included in the
tender.

Domestic
Preference

36.1 Unless otherwise speciIied in the TDS, the Purchaser will not grant a
margin oI preIerence Ior supply oI domestic Products. Under this
preIerence, Ior Products supplied Irom outside Ghana, the total CIP
price oI such Products shall be increased by the applicable import tariII
(custom duties and other import taxes) or IiIteen (15) percent, whichever
is less. II duties vary Irom item to item, the appropriate tariII Ior each
item shall apply. No preIerence shall be applied Ior any Related Services
or works components oI the tender.

36.2 No margin oI preIerence will be granted Ior any other price component,
and Tenderers will not be permitted or required to modiIy the source oI
any hardware, soItware, related equipment, materials, or other Products,
aIter tender opening

Maintenance
Costs
37.1 The Maintenance Costs (R) are reduced to present value using the Iollowing
Iormula: L
R _ R
x
X 1(1 I)
X

where:
L total number oI years spanning the UseIul LiIe Period (per GCC
Clause 1.1 (gg) ) oI all Products and including any additional
years due to phased installations.
X an index number 1, 2, 3, ... L, representing each year Ior
which Maintenance Costs are quoted.
R
x
total Maintenance Costs Ior year x`, Irom the Maintenance
Costs Schedule.
I discount rate Ior the present value calculation speciIied in Section
III, Evaluation and QualiIication Criteria.


30
Evaluation of
Costs
38.1 For comparison purposes, the Purchaser will calculate the Evaluated Tender
Price (P
1
) Ior each tender, as Iollows:
P
1
Adjusted Tender Price (P), per ITT Clause 34, minus any Price
Exclusions, per ITT Clause 35, plus the Maintenance Costs present
value (R), per ITT Clause 37
Comparison of
Tenders

39.1 To evaluate a tender, the Purchaser shall only use all the criteria and
methodologies deIined in the Instructions to Tenderers and in Section
III, Evaluation and QualiIication Criteria. No other criteria or
methodology shall be permitted.

39.2 In the Iinal step oI the evaluation and comparison oI responsive tenders,
the Purchaser selects as the Lowest Evaluated Tender and eligible Ior
contract award, the tender with the lowest Evaluated Tender Cost (C).
The Iormula Ior the Evaluated Tender Cost (C), calculated using the
technical merit discount Iactor (D
t
) per ITT Clause 32.2, is as Iollows:

C P
1
x D
t

Post-Qualification and Award of Contract
Post qualification
of the Tenderer

40.1 The Purchaser will determine at its own cost and to its satisIaction
whether the Tenderer selected as having submitted the Lowest Evaluated
Tender is qualiIied to perIorm the Contract satisIactorily. This
determination may include visits interviews with the Tenderer`s clients
reIerenced in its tenders, site inspections, and any other measures
speciIied in Section IIID, Post-Qualification Measures. In cases oI
pre-qualiIication, the Purchaser shall also veriIy that no changes in the
Tenderer`s qualiIications have occurred since pre-qualiIication.

40.2 The Purchaser will evaluate the documentary evidence oI the conIormity
oI the Products and Services oIIered to the Tendering Document,
through detailed examination oI the Tender, as well as other inIormation
the Purchaser deems necessary and appropriate. Factors not included in
Section III shall not be used in the evaluation oI the Tenderer`s
qualiIications. II speciIied in Section IIID, Post-Qualification
Measures, at the time oI post-qualiIication the Purchaser may also carry
out tests to determine that the perIormance or Iunctionality oI the
Products oIIered meets those speciIied in the Supply Requirements.

40.3 II supply oI Products or Services Ior the Maintenance Period are
required by the TDS Ior ITT Clause 13.4(d), the determination oI the
capabilities oI the lowest evaluated Tenderer will take into account its

31
ability to execute and successIully perIorm the Supplemental
Agreements Ior Maintenance Cost items with terms substantially
equivalent to those oIIered in the tender, the signing oI which is a
prerequisite Ior the release oI the Tender Security and the project
implementation Start Date pursuant to GCC Clause 3.

40.4 An aIIirmative determination shall be a prerequisite Ior award oI the
Contract to the Tenderer. A negative determination shall result in
disqualiIication oI the tender, in which event the Purchaser shall proceed to
the next lowest evaluated tender to make a similar determination oI that
Tenderer`s capabilities to perIorm satisIactorily.
Purchaser`s
Right to Accept
Any Tender, and
to Reject Any or
All Tenders
41.1 The Purchaser reserves the right to accept or reject any tender, and to annul
the tendering process and reject all tenders at any time prior to contract
award, without thereby incurring any liability to Tenderers.

Award Criteria 42.1 The Purchaser shall award the Contract to the Tenderer whose oIIer has been
determined to be the lowest evaluated tender and is substantially responsive
to the Tender Documents, provided Iurther that the Tenderer is determined to
be qualiIied to perIorm the Contract satisIactorily.

Purchaser`s
Right to Vary
Quantities at
Time of Award
41.1 At the time the Contract is awarded, the Purchaser reserves the right to
increase or decrease the quantity oI Products and Services originally
speciIied in the Tender Document by an amount up to the percentage
indicated in the TDS, and without any change in the unit price or other terms
and conditions.

32
Notification of
Award
44.1 Prior to the expiration oI the period oI tender validity, the Purchaser shall
notiIy the successIul Tenderer in writing and to be conIirmed in writing,
that its tender has been accepted. The notiIication oI award will constitute
the Iormation oI the Contract.

44.2 Upon the successIul Tenderer`s Iurnishing oI the signed Contract Form,
any Supplemental Agreements and the perIormance security pursuant to
ITT Clauses 45 and 46, the Purchaser will promptly notiIy each
unsuccessIul Tenderer in writing and will discharge its tender security,
pursuant to ITT Clause 20.

44.3 II, aIter notiIication oI award, a Tenderer wishes to ascertain the grounds
on which its tender was not selected, it should address its request to the
Purchaser. The Purchaser will promptly respond in writing to the
unsuccessIul Tenderer.

Signing of
Contract
45.1 At the same time as the Purchaser notiIies the successIul Tenderer that its
tender has been accepted, the Purchaser will send the Tenderer the
Contract Form provided in the Tendering Documents, incorporating all
agreements between the parties.

45.2 As soon as practically possible, but no more than twenty eight (28) days
Iollowing receipt oI the Contract Form, the successIul Tenderer shall sign
and date the Contract Form and, unless additional days are allotted
thereIore in the TDS, any Supplemental Agreements, and return them to
the Purchaser.

Performance
Security

46.1 Within twenty eight (28) days Iollowing receipt oI notiIication oI award
Irom the Purchaser, the successIul Tenderer shall Iurnish the
perIormance security in accordance with the GCC, using the
PerIormance Security Form provided in Section X, Contract Forms, or
another Iorm acceptable to the Purchaser.

46.2 Failure oI the successIul Tenderer to comply with the requirements oI
ITT Clauses 45 or 46.1 shall constitute suIIicient grounds Ior the
annulment oI the award and IorIeiture oI the tender security Ior all the
Tenderer`s tenders. In that event the Purchaser may award the Contract
to the next lowest evaluated responsive tender submitted by a qualiIied
Tenderer, or call Ior new tenders

33
Protests or
Claims

47.1 Tenderers may submit a protest or claim to the Purchaser, in writing,
at anytime but not later than ten (10) days aIter the NotiIication oI
award date, pursuant to ITT Clause 44.

Section II Tender Data Sheet
34

The Iollowing inIormation and provisions shall complement, supplement, or amend the
provisions in the Instructions to Tenderers (ITT). Whenever there is a conIlict, the provisions
herein shall prevail over those in the ITT.

A General
ITT 11 The number and title oI the Invitation Ior Tenders is :
GR/SSNIT/GD/
Provision of Local Area Network Communication Infrastructure, Supply
and Installation of Automatic Voltage Regulators (AVR) & Uninterrupted
Power Supply (UPs) Units, at Ten (10) Selected SSNIT Branch Offices

ITT 11 The Purchaser is:
SOCIAL SECURITY AND NATIONAL INSURANCE TRUST (SSNIT)
ITT 11
222(b)
The name oI the NCT is: Provision of Local Area Network Communication
Infrastructure, Supply and Installation of Automatic Voltage Regulators
(AVR) & Uninterrupted Power Supply (UPs) Units The identiIication number
oI the NCT is: GR/SSNIT/GD/
The number and identiIication oI lots comprising this NCT is: ONE
ITT 21 The Source oI Funds is: BUDGET ALLOCATION
ITT 21
222(b)
The name oI the Project is: Provision of Local Area Network Communication
(AVR) & Uninterrupted Power Supply (UPs) Units, at Ten (10) Selected
SSNIT Branch Offices
ITT 21 The name oI the Contract is:
Provision of Local Area Network Communication Infrastructure, Supply
and Installation of Automatic Voltage Regulators (AVR) & Uninterrupted
Power Supply (UPs) Units

35
ITT 4
Tenderers may submit more than one (separate and complete) tender Ior the
same or diIIerent Lots.NOT APPLICABLE
Submission oI more than one Tender Ior the LOT shall be cause Ior
REJECTION oI the Tender.

B Contents of Tender Document
ITT 71 For tender clarification purposes only, the Purchaser`s address is:
Attention: GENERAL SERVICES MANAGER,
Street Address: PENSION ROAD
Floor-Room number: 2
ND
LOOR, ROOM 210, SSNIT TOER BLOCK
City: ACCRA
Region: GREATER ACCRA, GHANA
Telephone: 030-2667745
Facsimile number: 030-2669604
Electronic mail address: Not Applicable
ITT 71 The Purchaser shall provide written responses to clariIication requests no later
than 10 days prior to the deadline Ior submission oI tenders, Ior all requests
received at least14 days prior to the deadline Ior submission oI tenders.
ITT 72 The pre-tender conIerence is scheduled Ior the Iollowing date, time and place:
Date and Time: Thursday, October 27, 2011. 10.00am. (GMT)
Location: MINI Board Room,1st loor Tower Block, SSNIT Head Office,
Pension Road, Accra, Ghana
ITT 2 Tenderers are invited to participate in a group visit to the Project Site(s) that will
be scheduled aIter the pre-tender meeting noted above under ITT 7.2 at: N/A.
Advance notice oI at least 3 days oI the Tenderer`s intention to visit the
Purchaser`s Project Site(s) at its convenience is required.

C Preparation of Tenders
ITT 111 The language oI the Tender is: English.
ITT 121 (l) The Tenderer shall submit with its Tender the Iollowing additional documents:
1 ProIile oI Company or Consortium iI any
2 Description oI 3 similar veriIiable project
3 Valid Tax Clearance CertiIicate (should not have expired beIore the tender
opening date oI November16, 2011)

36
4 Valid SSNIT Clearance CertiIicate (should not have expired beIore the tender
opening date oI November 16, 2011)
5 Audited Accounts Ior two (2) years oI the past three years (2009 - 2010)
6 Detailed Description oI the roles and obligations oI all key persons
7A Design oI the proposed solution demonstrating how the various
requirements will be achieved.
8. ManuIacturer`s authorization letter
The document together with the Bid security, valid IRS and SSNIT Clearance
Certificates shall be submitted as one sealed document and the envelop must be
clearly marked 'Provision of Local Area Network Communication
(AVR) & Uninterrupted Power Supply (UPs) Units, at Ten (10) Selected
SSNIT Branch Offices
ITT 134(a) No changes to ITT Incoterm provisions Ior Imported Products.
ITT
134(b)(ii)
No changes to ITT requirement Ior quotation oI transportation, insurance, and
other local costs incidental to delivery oI the EXW components oI each
Installation batch oI Products to its Project Site.
ITT 134(d)
Service Level Agreement which is Iull Warranty including maintenance Ior a
period oI 3 years shall be included in the tender. The maintenance shall include
preventive maintenance, corrective maintenance, replacement oI worn out parts
and the equipment, soItware patches, soItware upgrades.
ITT 137 Tender prices shall be Iixed during contract execution.
ITT 141(a)
The price quoted shall be EXW.
The prices shall include all duties, taxes and other levies.
The prices should be expressed in the term oI EXW in US Dollars payable in
Ghana Cedis at the prevailing Bank oI Ghana rate at tender opening.
ITT 154 No changes to the ITT provisions concerning joint ventures, consortiums, and
associations.
ITT 171 No changes to ITT provisions concerning equivalent standards, brand names and
model numbers.
ITT 172(d) No additional inIormation needs to be submitted with the Technical Proposal.
ITT 191
The tender validity period shall be 120 days Accordingly, each Tender shall be
valid through March 17, 2012.
ITT 201 A tender security oI Five Thousand Ghana Cedis (ghT5,000.00) is required.
Tender security must be valid twenty-eight (28) days aIter the end oI the Tender
validity period. Accordingly, a Tender with a Tender security that expires beIore
April 14, 2012 shall be rejected as non-responsive.

37
ITT 211 In addition to the original tender, the number oI copies required is Two (2).
ITT 212

The written conIirmation oI authorization to sign on behalI oI the Tenderer shall
consist oI an authorized power oI attorney signed by legally authorized
signatories oI all parties comprising the Tenderer.


38

D Submission and Opening of Tenders
ITT 232 (c) The inner and outer envelopes shall bear the Iollowing additional identiIication
marks: Provision of Local Area Network Communication Infrastructure,
Supply and Installation of Automatic Voltage Regulators (AVR) &
Uninterrupted Power Supply (UPs) Units,
ITT 231 For Tender submission purposes only, the Purchaser`s address is:
Attention: DIRECTOR GENERAL
Street Address: SSNIT,PENSION ROAD
Floor-Room number: 5
TH
LOOR, PENSION HOUSE
City: ACCRA
Region: GREATER ACCRA, GHANA.
The deadline Ior the submission oI Tenders is:
Date: November 16, 2011
Time: 10:00hrs GMT
ITT 261 The Tender opening shall take place at:
Street Address: SSNIT Pension House, PENSION ROAD
Floor/Room number: Mini Board Room, 1st loor Tower Block, SSNIT Head
Office
City: Accra
Region: GREATER ACCRA, GHANA.
Date: November 16, 2011
Time: 10:30hrs GMT

E Evaluation and Comparison of Tenders
ITT 304 The alternate source Ior pricing missing or nonconIorming items Ior evaluation
purposes is not applicable.
ITT 320
ITT 331 The currency and exchange rates that shall be used to convert all tender prices
into a common currency used Ior tender evaluation purposes are the Ghana Cedi
and the selling exchange rate established Ior similar transactions by the Bank oI
Ghana on the date oI the deadline Ior tender submission.
ITT 344 Implementation Schedule deviations and adjustments are not permitted

39
ITT 345 Payment schedule deviations and adjustments are not permitted.
ITT 361 No changes to ITT domestic preIerence provisions.
ITT 371 The purchaser requires a Service Level Agreement (SLA) which is Iull Warranty
including maintenance Ior a period oI 3 years. The maintenance shall include
preventive maintenance, corrective maintenance, replacement oI worn out parts
and the equipment, system, cabling, Iaceplates, soItware patches, soItware
upgrades.

Award of Contract
ITT 431
The maximum percentage by which quantities may be increased is: 14
The maximum percentage by which quantities may be decreased is: 14
Tenderers shall make provision of 10 contract price for contingency
purposes This 10 contingency shall be clearly stated as such on the tender
form This amount shall not be paid to the tenderer or contractor as part of
the contract price (sum) but shall only cater for the purposes of project or
contract variation including scope change Any scope change and its`
associated cost shall require explicit approval of the purchaser`s project
sponsor (General Manager MIS) before work could commence
ITT 452
No additional days are allotted Ior signing and returning any Supplemental
Agreements to the Purchaser.

Section IV. Tender Forms
40

Section III Evaluation and Qualification
Criteria

The Evaluation and QualiIication Criteria speciIy the criteria that the Purchaser will use to
evaluate the tenders and post-qualiIy the lowest-evaluated Tenderer. This section speciIies
the parameters Ior and any other adjustments to the ITT Clauses related to the evaluation oI
tenders and the qualiIication oI Tenderers and the proposed IT products, similar to the role oI
the TDS.

IIIA Cost Evaluation Parameters

The discount rate (I) to be used in the present value calculation as described in ITT Clause 37
shall be 7.5 percent. NOT APPLICABLE.

II speciIied in the TDS under ITT Clause 1.1 that tenders are being invited Ior individual lots
(contracts) or Ior any combination oI lots, as indicated in ITT Clause 34.3 the methodology
oI evaluation to determine the lowest evaluated lot combinations, including any discounts
oIIered in the Tender Form, is, as Iollows: Not Applicable

IIIB Technical Merit Evaluation Criteria

As part oI the determination and comparison oI Evaluated Tender Prices, responsive tenders
will be evaluated by the Purchaser as Iellows;
All tenders will evaluated against mandatory requirement as stated in Tender Data
Sheet
Technical proposals oI Tenderers who meet mandatory requirement will then be
evaluated.
Finally the Iinancial proposals oI Tenderers who meet the Technical requirement will
then be evaluated to determine the responsive tenderer.


41

IIIC Mandatory Qualification Criteria

Tenderers and the proposed solution and Related Services must meet the Iollowing
mandatory qualiIication and technical criteria Ior the tender to be considered responsive.

1 Mandatory Qualifications Criteria

Criteria Requirement Necessary Documentary
Evidence
Eligibility

(1) Must be a Company
registered in Ghana with
Majority Shareholding by
Ghanaian Citizens.

(2) Evidence oI good standing
with Registrar General`s
Department (RGD)

(3) Must be VAT registered

(4) Must be IRS registered

(5) Must be SSNIT registered

(6)Must have bought Tender
Document Irom SSNIT
(1) Valid Business Registration
CertiIicate & Evidence oI
shareholding structure

(2) Renewal Receipt Irom RGD
or Copy oI Annual Returns
Iiled with RGD

(3) VAT Registration CertiIicate

(4) Valid Tax Clearance
CertiIicate Irom IRS

(5) Valid SSNIT Clearance
CertiIicate
(6)Copy oI Receipt as prooI oI
purchase
Legal Aspects
(1) Power oI Attorney Ior
Signatory

(2) Intellectual Property
Rights
(1) As per Format Provided
in Sample Forms Section

(2) ManuIacturer`s or
Producers
Authorization or
License Irom product
owner or Resellers
rights
inancial Situation
(1) InIormation oI Financial
perIormance oI the
company

(2)Bid Security
(1)Latest two (2) years
Audited Accounts ((i.e.
Years 2009 & 2010)

(2)Submission oI bid
security oI Five
Thousand Ghana Cedis

42
Criteria Requirement Necessary Documentary
Evidence
(GHT5,000.00)
Similar Project Experience

(1) Provide inIormation oI
items oI similar
PROJECTS
EXECUTED.
(1) Record oI successIul
implementations oI
similar nature.
(2) List oI Clients and similar
installations with contract
sums.
Performance Capacity

(1) Adequate specialised
expertise to implement
and support the solution
and ability to provide
adequate support at the
time oI the award oI
contract

(1) Give brieI history oI
Company, and provide
details oI key
Management and
Technical staII
(2) Provide CVs and
reIerences oI Proposed
Technical StaII Ior the
project
(3)List oI Similar Customers
and projects with the
contract sums and the
roles played by Proposed
Technical StaII.

III.D. Post-QualiIication Measures

The Purchaser may employ the Iollowing measures to determine at its own cost and to its
satisIaction whether the Tenderer selected as having submitted the Lowest Evaluated Tender
is qualiIied to perIorm the Contract satisIactorily, in accordance with ITT Clause 40:

(1) VeriIication oI the previous experience, qualiIication and competency oI the tenderer`s
key personnel Ior the project;

(2) VeriIication oI the intellectual property rights including any manuIacturing`s
authorization and or resellers licenses Ior the various products;

(4)VeriIication oI similar project experience provided by the tenderer Ior;
a. Number oI Data Point
b. Active LAN devices and Power Equipment (Switches, Router, UPs etc)
c. Design oI the LAN and Power circuits
d. Interconnection oI Buildings or Iloors using Iibre oI UTP Cable
(4) ConIirmation oI past experiences in adhering to service level agreement (SLA).


43
Section IV Tender orms

Table of orms

General Instructions Ior the Tender Forms...................43

Imported Products Price Schedule........................45

Locally Supplied Products Price Schedule....................46

Related Services Price Schedule. .........................47

SLA/MaintenanceSchedule ...........................48

Tender Price Summary Schedule .......................49

Schedule oI Key Subcontractors ........................50

Tender Form................................51

Tender Security Form ..........................................................................................................53

Producer`s Authorization Form.............................................................................................55

Power oI Attorney Form............................56


44
General Instructions for the Tender orms

1.

2.

3.

4.
Complete the Price Schedules and Tender Form in accordance with ITT Clause 13 and
Section VI, the Schedule oI Supply. Non-conIormities, errors and omissions in the
completed Schedules and Forms will be handled in accordance with ITT Clause 30.
Tenderers should provide the actual (trade) name oI the oIIered items (instead oI the
generic descriptions shown in the Schedule oI Supply), along with page or section
number cross-reIerence(s) to the corresponding section(s) oI the Technical Proposal.
Item codes used in the Price Schedules should correspond exactly to those speciIied in
the Schedule oI Supply, in accordance with ITT Clause 13.3. Item codes shall in all
cases be unique (to Iacilitate contract administration, e.g., deliveries, invoice processing,
change orders, etc.) and not repeated in any given Price Schedule. However, iI the
Tenderer`s oIIerings do not correspond one-to-one with the items in the Schedule oI
Supply, proceed as Iollows:
O When oIIering multiple Products or Services to IulIill a single requirement Irom
the Required Products and Services Schedules, create unique item codes Ior each
oIIered item by appending a hyphen and a sequential suIIix to the Purchaser`s
original item code (e.g., Server-1, Server-2).

O When oIIering a single Product or Service to IulIill multiple requirements, deIine
a replacement item code and indicate the original item codes which it IulIills in
either the Item Name Iield or in a Iootnote (e.g., RServ1, 'Server and Operating
System combination Ior Serv1 and OS1)
O Always underline replacement item codes in the Price Schedules and clearly
describe the rationale Ior the replacement and how the oIIered item IulIills all the
technical requirements in the cross-reIerenced sections oI the Technical
Proposal.
Tally total product and service prices in the appropriate columns based on the currency
oI the unit prices. Use a separate line in the Price Schedule Ior each diIIerent currency
component oI the unit price oI a Product or Service, using only one currency
combination per Product or Service. SpeciIy currencies in accordance with ITT Clause
14 using ISO (standard 4217) currency codes, which are available Irom most banks or
on the Internet, as Iollows:
O The URL Ior the oIIicial ISO 4217 currency codes at time oI STD publication is:
http://www.bsi.org.uk/bsi/products/standards/products/currency.xhtml

O OIIicial ISO 4217 maintenance agency home page: http://www.bsi.org.uk/
O International Standards Organization (ISO) home page: http://www.iso.ch/


45
General Instructions for the Tender orms
5.
SpeciIy countries oI origin using oIIicial ISO (standard 3166) country codes, which
are available Irom most banks or on the Internet, as Iollows:
O The URL Ior the oIIicial ISO 3166 country codes at time oI STD publication is:
http://www.din.de/gremien/nas/nabd/iso3166ma/codlstp1/index.html

O ISO 3166 maintenance agency home page:
http://www.din.de/gremien/nas/nabd/iso3166ma/

O International Standards Organization (ISO) home page: http://www.iso.ch/


46
Imported Products Price Schedule

Date: Invitation Ior Tender No.:

ICT No.: Tender & Lot Nos.:

Name oI Tenderer:

Signature oI Tenderer:

Required
Products
Schedule
Item Code

Product Name
Technical
Proposal
Cross Ref

Country of
Origin

Product
Quantity

CIP Unit
Price
1

Currency

Total CIP Product Price in
Currency:
(A) (B) (C) (D) (E) (F) (G) (H E x F)

Imported Products Price Totals (To Tender Price Summary Schedule):

1. SpeciIy CIP Unit Prices in accordance with ITT Clauses 13.4(a) and 14.1(b) and the General Instructions Ior the Tender Forms.
2. Quote only one CIP price per Product, regardless oI any incremental diIIerences in transportation and insurance charges Ior diIIerent Project Sites.

47
Locally supplied Products Price Schedule



Name oI Tenderer:


Required
Products
Schedule
Item Code

Product Name

Technical
Proposal Cross
Reference

Country of
Origin

Product
Quantity

EX Unit Product
Price
1
in Currency:
_______________

Total EX Product Price
(A) (B) (C) (D) (E) (F) (G E x F)

Locally supplied Products Price Total (To Bid Price Summary Schedule)

3. SpeciIy a single EXW Price Ior each locally supplied Product in accordance with ITT Clauses 13.4(b) and 14.1(a) and the General Instructions Ior
the Tender Forms. Indicate costs Ior delivery and insurance oI each Installation Batch separately on the Related Services Price Schedule.

48
Related Services Price Schedule



Name oI Tenderer:


Required
Products
Schedule
Item Code

Service
Description
Technical
Proposal
Cross Ref

Country
of Origin

Currency

Price
1
per Year
Total Service Price

Currency:
_________

Currency:
_________

Currency:
_________

Local
Currency

Year 1

Year 2

Year 3
(A) (B) (C) (D) (E) (F) (G) (H) (I FGH) (J FGH) (KFGH) (LFGH)

Related Services Price Totals (To Tender Price Summary Schedule):

4. SpeciIy Prices Ior services required under columns C and D oI the Required Services Schedule in Section VI, Schedule oI Supply, i.e. to be provided
during Project Implementation and during the Warranty Period. Quote prices in accordance with ITT Clauses 13.4(c) and 14.1 and the General
Instructions Ior the Tender Forms. II needed, add columns Ior additional years oI Project Implementation and Warranty.

49
SLA / Maintenance Schedule



Name oI Tenderer:


Products/
Services
Schedule
Item
Code

Maintenance
Item
1

Technical
Proposal
Cross
Ref

Country
of Origin

Currency

Price
1
per Year
Total Service Price

Currency:
________

Currency:
________

Currency:
________
Local
Currency

Y1

Y2

Y3

(A) (B) (C) (D) (E) (F) (G) (H) (M _F-H) (M _F-H) (M _F-H) (M _F-L)

Related Services Price Totals (To Tender Price Summary Schedule):

5. SpeciIy Prices Ior services required under column E oI the Required Services Schedule in Section VI, Schedule oI Supply, and Ior Products to be provided during
Maintenance Period (only). Quote prices in accordance with ITT Clauses 13.4(d) and 14.1 and the General Instructions Ior the Tender Forms.
6. SpeciIy Maintenance Costs Ior the Products running through the end oI the UseIul LiIe Period. The Full Warranty Period and SLA shall be Iive years. There shall be a
preventive maintenance within the Iirst year oI implementation / installation. ThereaIter, there shall be preventive maintenance every six (6) months. For the purposes oI
this contract, maintenance shall include preventive maintenance, corrective maintenance and replacement oI deIective or worn out parts including replacement oI the
whole system at every SSNIT site throughout the country. The supplier shall be responsible Ior accommodation and lodging. The Schedule provides Ior up to 5 years oI
Maintenance Costs beyond the Start Date, and columns Ior additional years oI Maintenance may be added as needed.

50

Tender Price Summary Schedule



Name oI Tenderer:


Tender Price Component

Total in
oreign
Currency:
________

Total in
oreign
Currency:
________

Total in
oreign
Currency:
________

Total in Local
Currency:
________
Imported Products Price Totals
Locally Supplied Products Price Totals
Related Services Price Totals
Total supply including 3 year ull arranty
SLA/ Maintenance Costs Ior Products and
Services

Total Maintenance Costs
Total Tender Price (to Tender orm):


51
Schedule of Key Subcontractors



Name oI Tenderer:


Key Subcontractors Subcontractor Address Proposal Cross
References
Key Products and Services to be
Subcontracted

53

Tender orm

Date:
ICB No.:
Invitation Ior Tender No.:
Tender & Lot Nos.:

To:

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Tender Document, including
Addenda Nos. , the receipt oI which is hereby duly
acknowledged;
(b) We oIIer to supply in conIormity with the Tendering Document and in accordance with
the Implementation Schedule the Iollowing Products and Related Services:
;
(c) The total amount and currency oI our Tender is:
,

or such other sums as may be ascertained in accordance with the Price Schedules
attached herewith and made part oI this Tender;
(d) The discounts oIIered and the methodology Ior their application are:

(e) II our Tender is accepted, we will obtain the guarantee oI a bank in a sum equivalent to
percent oI the Contract Price Ior the due perIormance oI the Contract, in the Iorm
prescribed by the Purchaser;
(I) Our tender shall be valid Ior the Tender Validity Period speciIied in Clause 19 oI the
Tender Data Sheet and it shall remain binding upon us and may be accepted at any time
beIore the expiration oI that period;
(g) The Iollowing commissions, gratuities, or Iees have been paid or are to be paid with
respect to the tendering process or execution oI the Contract (II none, indicate 'none):

Section V. Eligible Countries

54

Name oI Recipient Address Purpose Amount &
Currency

(h) Until a Iormal Contract is prepared and executed, this Tender, together with your
written acceptance thereoI and your notiIication oI award, shall constitute a binding
Contract between us.
(i) We understand that you are not bound to accept the lowest or any tender you may
receive.
(j) We certiIy/conIirm that we and all subcontractors and producers Ior any part oI the
contract comply with the eligibility requirements as per ITT Clause 4 oI the Tender
Document.
(k) We hereby certiIy that the Intellectual Property Rights in all the Products oIIered in
this tender are either owned by us, or are oIIered under a legal and valid authorization
and/or license Irom the owner.

Dated this day oI ,
Name In the capacity oI
Signed

Duly authorized to sign the tender Ior and on behalI oI


55
Tender Security orm

Date:
ICT No:
Tender & Lot Nos.:
To:

Whereas
(hereinaIter 'the Tenderer) has submitted its tender dated Ior the
above-mentioned ICB No. Ior the supply oI
hereinaIter called 'the Tender.

KNOW ALL PEOPLE by these presents that WE
oI having our registered oIIice at
(hereinaIter 'the Guarantor), are bound unto
(hereinaIter
'the Purchaser) in the sum oI
Ior which payment well and truly to be made to the aIorementioned Purchaser, the Guarantor
binds itselI, its successors, or assignees by these presents. Sealed with the Common Seal
oI this Guarantor this day oI , .

THE CONDITIONS oI this obligation are the Iollowing:
1. II the Tenderer withdraws any oI its tenders during the period oI tender validity
speciIied by the Tenderer in the Tender Form, except as provided in ITT Clause 25.1;
or
2. II the Tenderer, having been notiIied oI the acceptance oI its tender by the Purchaser,
during the period oI tender validity, Iails or reIuses to:
(a) execute the Contract Form; or
(b) Iurnish the PerIormance Security, in accordance with the ITT Clause 46; or
(c) accept the correction oI its tender by the Purchaser, pursuant to ITT Clause 30.

We undertake to pay the Purchaser up to the above amount upon receipt oI its Iirst written
demand, without the Purchaser having to substantiate its demand, provided that in its demand
the Purchaser states that the amount claimed by it is due to it, owing to the occurrence oI one
or more of the above conditions, specifying the occurred conditions
This security shall remain in Iorce up to and including twenty-eight (28) days aIter the period
oI tender validity, and any demand in respect thereoI should be received by the Guarantor no
later than the above date.


56
Signed
Duly authorized to sign the tender security Ior and on behalI oI

Dated on day oI , .


57
Producer`s Authorization orm

Date:
ICT No.:
Tender & Lot Nos.:

To:

WHEREAS who are oIIicial producers oI
and having production Iacilities at
do hereby authorize
located at
(hereinaIter, the 'Tenderer)
to submit a tender and subsequently negotiate and sign a Contract with you Ior resale oI the
Iollowing Products produced by us, Ior the quantities, speciIications, and delivery schedule
called Ior by the Supply Requirements associated with the above-mentioned Invitation Ior
Tenders:

.

We hereby extend to you a Iull guarantee and warranty in accordance with Clause 26,
Warranty, oI the General Conditions oI Contract and with our own standard product
warranty, and duly authorize the Tenderer to act on our behalI in IulIilling all warranty
obligations with respect to the above-listed products oIIered Ior resale by the Tenderer in
relation to this Invitation Ior Tenders.

We also certiIy that the Tenderer is qualiIied by us to provide the Iollowing maintenance,
support, soItware version upgrade or other required services related to the above-listed
Products in accordance with Clause 9, Scope oI the Contract, oI the General Conditions oI
Contract:
.

Signed
Duly authorized to sign the authorization Ior and on behalI oI:

Dated on day oI , .
Note: This letter oI authority must be on the letterhead oI the Producer, must be signed by a person competent
and having the power oI attorney to bind the Producer, and must be included by the Tenderer in its tender as
speciIied in the Instructions to Tenderers


58
Power oI Attorney Form

Date:
NCT No.:
Tender & Lot Nos.:

To:

Name oI Tenderer:

Address:

Power of Attorney

Name: Signature:

Address:

And acting as has been

dully authorized by Resolution oI Board oI Directors oI the Tenderer to sign all deeds and

documents on behalI oI
(Name oI Tenderer)
(hereinaIter, the 'Tenderer) in connection with the Tender Ior the supply oI

Signed Ior and on behalI oI the Tenderer this day oI 20

At (Place)

Signature: Capacity:


59
Section V Eligible Countries

Public Procurement Board of the Republic of Ghana

Eligibility for the Provision of Goods, orks and Services financed from the Public
unds of the Republic of Ghana

As oI 20.

For the inIormation oI Tenderers, and in accordance with ITT Clause 4, set Iorth below is a
list oI countries Irom which Tenderers, goods and services are not eligible to participate in
procurement Iinanced Irom the public Iunds oI the Republic oI Ghana:

Section VI. Schedule oI Supply
60

PART 2 - Supply Requirements


61
Section VI Schedule of Supply

Table of Contents

General Instructions Ior the Schedule oI Supply ............................................................ 64
Implementation Schedule .............................................................................................. 65
Required Products and Services Schedules .................................................................... 66
Deployment Schedule .................................................................................................... 68

62

General Instructions for the Schedule of Supply
1. The Schedule oI Supply contains several related schedules itemizing the Purchaser`s Product
and Service requirements, as Iollows:
a) The Products are to be installed and the Services are to be delivered at the Purchaser`s
Project Sites and according to the timetables speciIied in the Implementation Schedule. The
Purchaser`s Implementation Schedule deIines the major milestones and required timetable
Ior the project, which Tenderers shall prepare their version oI in their tender.

b) The total quantities oI Products and Related Services to be supplied under the Contract are
listed in the Required Products and Services Schedules, which aggregate the requirements
Ior all Project Sites and Installation Batches. All items in the Required Products and Services
Schedules must be listed by Tenderers in the appropriate Price Schedules in their tenders.

c) The speciIic quantities oI Products and Services comprising each Installation Batch at each
Project Site are speciIied in the Deployment Schedule. Particulars about the delivery and
installation timetables and associated tasks Ior each Installation Batch shall be provided by
Tenderers in their detailed Project Plans.
2. An Installation Batch is a unique name given to speciIic quantities oI Products to be Installed
and Related Services to be delivered together at a particular Project Site at a speciIic time
during project implementation. Installation Batches should generally be deIined by the
Purchaser to correspond to the Project Sites, except where a given Site will receive multiple
Installations, e.g., in projects with several implementation phases or application sub-systems
being Installed and/or Accepted at signiIicantly diIIerent points in time. Installation Batches are
deIined as appropriate Ior each particular project, but should not span multiple delivery
destinations (to Iacilitate tender pricing, comparisons and Contract administration, esp. oI
delivery and insurance costs Ior locally supplied (EXW) products quoted as a service in
accordance with ITT Clause 13.4(b) (ii)).
3. The unique Item Codes speciIied Ior the Products and Services here in the Schedule oI Supply
shall correspond exactly to the Item Codes used by Tenderers in the Price Schedules Iurnished
in Section IV. Tendering Forms shall be included in the Supplier`s tender in accordance with
ITT Clause 13 and the General Instructions Ior the Tendering Forms in Section IV.
4. Terms deIined in Clause 1 oI Section VIII, General Conditions oI Contract (GCC) have the
meanings deIined therein, e.g., Acceptance is deIined in GCC Clause 1.1(a) and the Project
Plan in GCC Clause 1.1(t). Acceptance testing schedules and procedures are speciIied in GCC
Clause 12, Inspections and Tests, and elaborated Iurther in the Technical SpeciIications and the
Project Plan. The schedule Ior payments based on deliveries (shipment), Installation and
Acceptance are as speciIied in GCC and SCC Clauses 19.
63

LIST O PRO1ECT DELIVERY SITES
The complete LAN inIrastructure shall be implemented at the various SSNIT oIIices as stated in the table below. Tenderers are required
to conIirm their conIormance to the delivery schedule as indicated in the table below.

SSNIT Site / Office/Branch City/Town/Region Delivery Schedule
1 Breman Assikuma Central Region 15 Weeks post contract award concurrently
2 Assin Fosu

Assin Fosu, Central Region 15 Weeks post contract award concurrently
3 Axim

Axim, Western Region 15 Weeks post contract award concurrently
4 Bekwai

Bekwai, Ashanti Region 15 Weeks post contract award concurrently
5 Dunkwa Dunkwa, Central Region 15 Weeks post contract award concurrently
6 Goaso

Goaso, Brong AhaIo Region 15 Weeks post contract award concurrently
7 Ho Volta Region 15 Weeks post contract award concurrently
8 Agona Swedru Central Region 15 Weeks post contract award concurrently
9 Tarkwa Greater Accra Region 15 Weeks post contract award concurrently
10 Tema Harbour Greater Accra Region 15 Weeks post contract award concurrently


64
Implementation Schedule

The Purchaser`s Implementation Schedule deIines the major milestones and required timetable Ior the Tenderer`s tender. Tenderers shall
prepare their response to the Purchaser`s Implementation Schedule requirements as part oI their tender. The Supplier`s Implementation
Schedule shall speciIy the committed timetable Ior arrival and Installation oI the Products at each oI the Purchaser`s Project Sites, and it
shall be supported by a detailed Project Plan that IulIills the requirements oI GCC Clause 1.1(t) and the Technical SpeciIications.
Pursuant to GCC Clauses 1.1(m), 22, 32 and 34.1, the Supplier`s perIormance oI the Contract shall be managed based on the
Implementation Schedule provided in its tender and included in the Contract.

Site
Code
Project Site Name

Site Location
(Delivery Address)
Arrival
Schedule
Installation
Schedule
1
Project Plan
2
Cross Ref
Installation Batch
3
Code
4
Description
(A) (B) (C) (D) (E) () (G) (H)

1. Installation Schedule dates are measured in weeks Irom the Start Date Ior project implementation, as deIined in GCC Clause 3.1. The Installation Schedule column
indicates the acceptable ranges oI dates Ior Installation (as deIined in GCC Clause 1.1(o)) oI each oI the uniquely named Installation Batches at its Project Site. In deIining dates in the Implementation
Schedule, the time required Ior delivery to the Project Site, Ior any customs clearance procedures and Ior perIormance oI all necessary services Ior Installation must be taken into account.

2. The Purchaser`s input and requirements Ior the Project Plan are included in sub-section 5, Project Planning and Management, oI the Technical SpeciIications, which
should describe the rationale Ior how project Installations are broken down and scheduled. Tenderers shall provide a complete and detailed Project Plan in their tender Ior successIul and timely project
implementation in conIormance with the Implementation Schedule, GCC Clause 1.1(t) and the Technical SpeciIications.

3. II there is only one Installation Batch Ior a given Project Site, then the Batch Code can equate to the Site Code. Logical associations between Installation Batches
Batches (e.g., based on project phases or stages, on deployment oI a common application or sub-system, or to a particular department or building) may be indicated by naming conventions Ior the batches
(e.g., HQ-Phase1, HQ-Accounting, Phase2-District3, as appropriate Ior the project), by grouping related batches in consecutive rows, and can be Iurther elaborated in the Technical SpeciIications.

4. Installation Batch Codes must be unique, so that the Deployment Schedule can clearly and unambiguously identiIy the exact quantities oI the speciIic
Products and Services comprising each Installation Batch


65
Required Products and Services Schedules

The total quantities Ior each Product and Service item Ior the entire Contract (aggregated over all Installation Batches and Project Sites
on the Deployment Schedule) are shown in the Required Products Schedule and the Required Services Schedule below. All items in the
Required Products and Services Schedules must be listed and priced separately by Tenderers in the appropriate Price Schedules in
accordance with ITT Clause 13.3 and the General Instructions Ior the Tendering Forms in Section IV.

Required Products Schedule
Site Item
Code
Total
1
Quantity

Product Description
Key
2
Item
Yes/No
Technical Specifications
Cross-reference
(A) (B) (C) (D) (E)

1. Total Quantities Ior each Product should be carried Iorward Irom the Total Quantity column (H) Irom the Deployment Schedule, which sums the quantities required Ior each Product across all
Installation Batches. SpeciIy required SoItware License quantities and types according to the business requirements elaborated in the Technical SpeciIications (sub-section 2.3) and using the
terminology Irom GCC Clause 1.1. Also indicate the required numbers oI copies oI the SoItware Distribution Media and associated documentation Ior each Project Site/Installation Batch in the
Deployment Schedule.

2. Products Ilagged as 'Key Items that are not produced by the Supplier require the inclusion oI Producer`s Authorization Forms with the tender, in accordance with ITT Clause 18.2(b), and also
require that the subcontractor or producer be speciIically identiIied in the Schedule oI Key Subcontractors in accordance with ITT Clause 12.l (I)


66
Required Services Schedule

1. Requirements Ior each Service should be carried Iorward Irom the Total Quantity column (H) Irom the Deployment Schedule, which aggregates the requirements Ior each Service across all
Installation Batches, broken down by project Period, as appropriate.

2. Supply items (including 'subscription services, e.g., Ior supply oI new soItware releases) Ilagged as 'Key Items that are not produced by the Supplier require the inclusion oI Producer`s
Authorization Forms with the tender, in accordance with ITT Clause 18.2(b), and also require that the subcontractor or producer be speciIically identiIied in the Schedule oI Key Subcontractors in
accordance with ITT Clause 12.1(I).

3. Pursuant to ITT Clause 13.4, prices Ior Services during the Implementation and Warranty Periods Ior the Products should be speciIied on the Related Services Price Schedule, and Maintenance
Period Costs should be speciIied on the Maintenance Costs Schedule

Item
Code

Service Description
Required
1
(ith Separate Pricing
3
) During:
Key
2
Item
Yes/No
Technical
Specifications
Cross-Reference
Implementation
Period
arranty
Period
Maintenance
Period


67
Deployment Schedule

The Deployment Schedule speciIies the detailed Product and Service quantities required Ior each oI the Installation Batches indicated in
the Implementation Schedule, which may logically correspond to Project Sites, implementation phases, application sub-systems, or some
combination thereoI. Each row in the Implementation Schedule identiIies and speciIies the Installation schedule Ior one Installation
Batch.

Product/
Service
Item Code
1
Installation Batch Code
2
Total
Quantity
3

Notes
Batch 1 Batch 2 Batch 3 Batch 4 Batch 5 Batch
(A) (B) (C) (D) (E) () (G) (H) (I)

1. Each Item Code Irom the Required Products and Services Schedules should have a corresponding entry (row) in the Deployment Schedule, indicating the detailed deployment
(delivery & installation) requirements Ior each and every Product and Service Ior each Installation Batch.
2. Installation Batch Codes are uniquely deIined in column (G) oI the Implementation Schedule. Separate columns are used here in the Deployment Schedule to speciIy the
Product and Service quantities comprising each Installation Batch. Columns should be added as necessary to accommodate more Installation Batches.
3. The Total Quantity oI each Product and Service (aggregated across all Installation Batches) in the Deployment Schedule shall correspond to the Total Quantities speciIied Ior
the corresponding item in the Required Products and Services Schedules.

68

TECHNICAL SPECIICATION SECTION

LOCAL AREA NETORK

This section provides details oI SSNIT technical speciIications Ior Communication
InIrastructure Equipments, Communication SoItware, Project management Standards,
Training, Support and Service Level Agreements, Testing and Quality Assurance
Requirements and Implementation Schedules.

OB1ECTIVE

Supply and Install a communication inIrastructure solution that connects the staII work
stations in such a way to provide triple play communication network capabilities (Voice,
Data & Video) relevant to the SSNIT various lines oI business applications and practices.

SSNIT thereIore seeks a turnkey structured LAN solution to provide an inIrastructure Ior
voice, data and video communication Ior every designated SSNIT oIIice within the building.
The minimum cable required is CAT 6 and must conIorm to EIA and TIA 518 standards.
Each workstation requires a minimum oI two (2) data jacks. Each cable drop will be a home
run Irom the oIIice to terminate at the nearest telecom closet or a Server Room where the
Patch Panels, switches and servers will be mounted on a 19 inch width universal rack oI
approximately 7 Ieet high. The Vendor is required to supply a minimum number oI switches
with at least a pair oI modular Iibre port to connect the X number oI switches. The Tenderer
must:

1. Propose methods intended Ior implementing network services to achieve a
communication inIrastructure design sensitive to SSNIT`s speciIic business needs.
2. Demonstrate that the design not only meets SSNIT`s business needs but is aIIordable,
practical and manageable.

CLEAN POER SOLUTION

The power challenges Iacing SSNIT oIIices could be categorized as Iollows;

Power interruption (unavailability)
Power Iluctuations
Power Spikes
Power Surges
Frequency Deviation
Excessively high power voltage during oII-peak periods.

To help resolve the listed problems SSNIT intends to install power systems in-line with the
design below to support activities at all SSNIT OIIices.
Section VII. Technical SpeciIication

69

SSNIT is requesting the provision oI a TURNKEY power solution in line with the above
diagram with the Iollowing key objectives.

1. Installation oI an Automatic Voltage Regulator, to enable the provision oI clean
electrical power throughout the oIIice.

2. Segregation oI the existing power distribution system to allow Ior the installation oI a
Centralized Uninterrupted Power Supply (UPS) unit and the provision oI dedicated
UPS output lines/Sockets throughout the building.

In requesting Ior the supply and installation oI Automatic Voltage Regulators (AVR) and
Centralized Uninterrupted Power Supply (UPS) units Ior SSNIT oIIices the technical
speciIication detailed in the tables are to serve as the minimum technical requirement Ior this
tender. It is required oI the tenderers to visit all the sites listed Ior a complete review oI the
Electrical wiring systems and recommend a solution in response to the tender.

The solution should include the speciIication Ior the Iollowing.

1. The two main Hardware components to be supplied (i.e. AVR & UPS including
monitoring tools/soItware).

2. The components Ior installation and distribution oI Clean UPS Power (i.e.
Distribution Panel, Power by-pass Switch, Electrical Wiring, Electrical Sockets and
Trunking requirements where necessary).

3. Electrical drawings in support oI the proposed solution Ior equipment installation and
distribution oI clean power. (i.e. Segregation oI exiting power lines and the
distribution oI the UPS power to user points/sockets.)

70

TRUNKING TECHNICA SPECIICATION

The Single and Three compartment trunking system must comply with the requirements oI
BS4678 Part 4 1982 and complies with the I.E.E. Wiring Regulations, 16th Edition.
O Chemical Resistance. It must have resistant to most organic acids, alkalis, salts and
other chemicals.
O Strength. High impact resistance at temperature between -5C and 60C
O Fire Resistance. Must be non-Ilame propagating.
O Thermal Properties. Must be designed to accommodate local thermal expansion and
contraction. The coeIIicient oI linear expansion: 7.010 -5C operating temperatures -
5C to 60C
O Colours. Standard Colour is white.

AUTOMATIC VOLTAGE REGULATOR (AVR)
The objective oI the Trust to provide uninterrupted service at all Branches. The power
challenges enumerated inIorms our decision to install Automatic Voltage Regulators at all
our Branches.

The Trust thereIore requires that the AVR to be supplied should be able to handle the
Iollowing and continue to provide clean and stable output.

Frequent Power Iluctuations

Protection against high voltage surges and spikes on input and output caused by
lightning, switching heavy reactive equipment such as industrial motors and
transIormers, arc welding and electrical grid switching.

Harmonic Deviations generated by the load (i.e. Computers, UPS) or harmonics
generated Irom the supply side by neighboring installations.

Protection oI the load and the AVR Irom the harmIul eIIects oI over current using
Input and Output Circuit breakers.

Allow easy monitoring oI input and output voltages with the aid oI Digital
Input/Output meters, ensuring load is always within rating oI AVR.

O Reduce system down time by allowing saIe access to the AVR Ior servicing without
having to disconnect power Irom the load (i.e. by-pass switch).

UNINTERRUPTED POER SUPPLY (UPS):

O Reliability. Must provide worry-Iree operation with reliability and world-class support.

71
O Easy integration. Uni mus have capabi1iy for supporing up o 4
unis in para11e1 or redundan mode.
O The UPS must have a soItware utility system to perIorm #emoe monioring and
managemen, and Auomaic Ei1e Saving, Sysemaic Shudown
of Server & Compuers in case of pro1onged mains fai1ure
prior o URS ripping due o exhaused baeries, service
bypass pane1 of suiab1e capaciy.

LAN CONIGURATION AND UPDATES

1. The Iirst major requirement is to make sure every workstation cable drop can
access any server, i.e. data, voice or video.

2. The network platIorm must be based on the current generation oI LAN
equipment, though in the case oI the cabling plant Category 6based components
are acceptable. Supplier is encouraged to provide a detailed description oI the
LAN inIrastructure components they propose. Ancillary equipment required to
support the proposed LAN must be indicated in the proposal. Technical data
sheets relating to each LAN component should be provided. For the purpose oI
this document the term 'system is used interchangeably with the Local Area
Network Equipment and the associated communication soItware. LAN
equipment and Communication soItware are interpreted in this document to mean
the local computer, voice and video networks and their peripherals,
communications protocols and the associated utilities, Network Management
SoItware and Middleware iI any. Where speciIic deIinitions Ior any oI the above
mentioned products are required, it would be explicitly deIined in that section.

3. The supplier must ensure that the system speciIications are Iully scalable in terms
oI providing clear upgrade paths to accommodate increases in the demand Ior
system capability and Iunctionality. The operating environment Ior SSNIT is an
'OPEN SYSTEM architecture that ensures interoperability, scalability and high
availability.

4. The network architecture should support both centralized and decentralized data
management.

5. The proposed LAN must be compatible with the SSNIT Hardware and SoItware.

6. LANGUAGE SUPPORT - All LAN technologies must provide documentary
support Ior the network in the English Language, and all display technologies and
system soItware must support the UK and US English character set according to
ISO standards or equivalent.

7. DATES - The Supplier must provide certiIication that all Network equipment
and communication soItware are Y2K compliant. All LAN technologies properly

72
display, calculate and transmit date including, but not restricted to 21
st
century
date data. There must be no Iuture modiIications necessary to accommodate data
calculations and other Y2K dependent processes. The must ensure all equipment
supplied have not exceeded liIe span

8. ELECTRICAL POER - All active powered equipment must operate on a
voltage range oI 220V plus or minus 20V, and a Irequency range oI 50Hz plus or
minus 2 Hz. All active equipment must include standard power plugs acceptable
in Ghana. Supplier must deIine the power requirement Ior all equipment to be
supplied. This should include voltage tolerance requirement, conductor sizes and
any other special Irequency requirements.

9 ENVIRONMENTAL - Supplier must speciIy and certiIy tolerance levels oI the
equipment. Unless otherwise speciIied, all equipment must operate in
environments oI:
Temperature between 10-40 degrees centigrade
Humidity at 10-90 percent relative humidity
Dust conditions oI 0 40 grams per cubic meters oI dust
Heat output oI not more than 20 degrees centigrade.

10 SAETY - Unless otherwise speciIied, all equipment must operate at very low
noise level iI any. All electronic equipment that emits electro-magnetic energy
must be certiIied as meeting an internationally recognised standard, e.g. US FCC
Class B or EN 55022 and EN 50082-1 or an equivalent, emission standard.

11 SERVICES - The Supplier must provide support services Ior the installation oI
all network equipment which it supplies. Support services include supply,
installation, and conIiguration oI the LAN, (where applicable), and acceptance
testing as per SSNIT`s plan and Service Level Agreement (SLA).

12 LAN CHARACTERISTICS AND SPECIICATIONS - Transaction
volumes and the user community per given Branch serves as the basis Ior
network server allocation. Data Ilow within and across the SSNIT at all
operational levels Iorm the basis Ior LAN requirement and implementation.

The network environment must be compatible with the hardware environment,
such as support Ior wide variety oI computer hardware models including
communication adapters Ior present and Iuture expansion.
Proposed solution must support 100/1000 Ethernet, DSL, ATM, TDM, IP,
SDH/SONET and other major network standards.
Any backbone Ior the LAN must be optical Iibre, switched Gigabit Iibre or copper
Ethernet.The network protocol must be TCP/IP.

13 CABLE CHARACTERISTICS - The LAN requires UTP copper Category 6
and some Iibre optic cabling to connect the two separate switches at the separate

73
Iloors. The Supplier is responsible Ior determining the quantity oI cable required
and the time required to install and should state them in the proposal.

14 DOCUMENTATION

All LAN products and services supplied must be provided with appropriate technical
as well as operational manuals in the English Language.
The Supplier must provide documentation that is clear, concise, and presented in a
proIessional manner both in hard copy and in electronic Iormat. Any system
documentation soItware operating under MicrosoIt Windows must provided help in
standard Windows Help Iormat. System documentation must be in the Iorm oI User
Help at the screen level .Local Area Network installation manuals and set up
procedures should include:

O Network conIigurations
O Communications protocol requirements
O Conceptual Design

15. RELEVANT EXPERIENCE

The Supplier must provide details oI at least three reIerence sites where the Supplier
has conducted successIul projects within the last Iive years and which provided
the relevant experience. SuccessIul in this context means that, project objectives
were achieved and that, the Clients at the reIerence sites were satisIied with the
Technology Solution and/or services provided by the supplier.

16 SERVICE LEVELS AND SUPPORT REQUIREMENTS

INTRODUCTION

The Supplier must agree with the Purchaser on escalation procedures pertaining to
technical and operational issues, and shall abide by the Service Level Agreement by
submitting a signed SLA proposal using the SSNIT enclosed SLA.

17 HARDARE DEPLOYMENT SERVICES

17.1 The Supplier must provide the Purchaser with 3 copies
oI all documentation pertaining to the inventory oI
equipment sent to each site Ior installation.
Equipment in this context covers the Iollowing:
O Cables
O Switches
O Patch panels
O Hardware peripherals (network adapter, cards, modems,
etc.)

74

The inventory should cover in detail the Iollowing:
O Item description
O Location oI equipment
O Serial number oI each equipment
O Asset Tag
O Description oI equipment Ieatures

All the network communications soItware and utilities installed
by the Supplier must be provided with version numbers, upgrades,
licensing inIormation, third party agreements, etc.

17.2 The Supplier should inspect each site at least 5 working days
beIore delivery and Iurnish a written report stating any
deIiciencies that would delay the installation.

17.3 The Supplier must provide the Purchaser with the required
technical and environmental speciIication required Ior the
installation and operation oI their proposed communication
inIrastructure solution.

17.4 The Supplier must ensure Iull interoperability oI the
communication inIrastructure with the hardware and all
soItware that will be provided at each SSNIT Branch.

17.5 The Supplier must cooperate with the purchaser to test all the
necessary interIaces and interconnection Iacilities which
integrate the components oI the proposed network to any
agreed existing network system.

1 DURATION AND SCOPE O SUPPORT SERVICES

18.1 The supplier guarantees Iree support Ior the network Ior at least
three years (eIIective aIter commissioning) as part oI the Service
Level Agreement oI the contract.

18.2 The Supplier must provide maintenance Ior all support
equipment they supply which is required to use the network
system and that are not covered by the warranty as detailed by
the Service Level Agreement.

19 ARRANTY

Starting Irom the day oI operational acceptance oI system, the Supplier must
provide:


75
O 36 months Iull warranty Ior the LAN hardware, clean power equipment and services
per the SLA or Service Level Agreement.
O Support and maintenance services Ior a period oI 36 months per SSNIT`s SLA.

O The Purchaser shall be entitled to recover Iees paid to the supplier Ior the
unsatisIactory Technology Solution and/or services per SSNIT`s SLA.

20 TESTING

20.1 The Supplier must describe their methodology Ior testing.
20.2 The Supplier must test all equipment beIore and
aIter installation. The Supplier should propose to the
Purchaser any additional equipment that may have to be
implemented to improve the quality oI the project.

20.3 The Supplier must correct any system error that is detected in
the course oI testing and thereaIter re-tested again as necessary.
The Supplier must provide detailed technical and user
documentation which will enable the Purchaser to implement
the network at other Iuture SSNIT Branches.

21 UPGRADES OR SYSTEM SOTARE

21.1 The supplier must oIIer procedures Ior upgrading
communication soItware as upgrades become available in the
market place.

21.2 The Supplier should speciIy the approach to the provision oI
upgrades during the maintenance period.

22. SYSTEM MAINTENANCE

The Supplier`s is required to provide Ior continuous maintenance and support service
Ior a period within the useIul liIetime oI the system as per the Service Level
Agreement and then, at the discretion oI the Purchaser, Ior an additional period to the
agreed upon with the Supplier. The terms and conditions oI the maintenance contract
will be in Iull compliance with the provisions oI the Service Level Agreement (SLA).
Under no circumstances will the yearly price increase exceed those quoted by the
Supplier under this contract.

23. SUPPLIER SUPPORT SERVICES
23.1 The Supplier`s main responsibility is maintenance oI the
physical network. The Supplier must thereIore cooperate
with the Purchaser oI hardware to resolve network problems.


76
23.2 The Supplier must identiIy the prime contractor in any
multi-supply initiatives. The Supplier must take the overall
responsibility Ior the provision oI agreed services to all sites.
The Supplier must have established procedures to escalate
trouble tickets within its organization. The Supplier must also
identiIy a senior team member to be assigned to the Purchaser
to Iacilitate trouble ticket escalation. The Supplier must
provide Iixes/workarounds based on criticality oI the problem
encountered.

23.3 The Supplier must appoint a customer service representative
who will serve as a single point oI contact Ior maintenance
and other support.

23.4 The Supplier must provide a selected technical personnel to
the Purchaser with access to Irequently asked questions and
associated responses.

23.5 The Supplier must maintain or provide an established and
experienced support team Ior all aspects oI the network and Ior
the duration oI the maintenance agreement. Additionally, in
responding to the support service requirements, the supplier
must:

O Clearly deIine levels oI support Ior all the Technology
Solution and services provided.
O DeIine the maximum and expected average response
times to request Ior support or maintenance including
travel times where applicable.
O State how problems should be notiIied to Supplier
support staII along with the standard hours around
which the support can be expected.

24. PROVISION O LOCAL SUPPORT

Details oI the Suppliers` oIIices which will deliver local support services must be
provided. The Local support oIIice should maintain at minimum, the Iollowing
staIIing levels Ior maintenance and repairs:

O Network Technician
O Contact Person Ior Iault reporting

25. CEASING TO TRADE

25.1 The Supplier must state what procedures they would be prepared to
put in place to saIeguard against the unlikely event oI the supplier

77
ceasing to trade. Supplier should include contingency plans in the
event oI Iailure or delay in the delivery oI Technology Solution and services.

26. TESTING AND QUALITY ASSURANCE REQUIREMNTS
The Supplier must state the procedures to be utilized in testing and quality assurance.
They must be ISO 9000 compliant.

27. INSPECTIONS

27.1 The Supplier must use inspection techniques which are proven or
consistent with the requirements oI the International Standards
Organization on Quality System (ISO 9000)
27.2 The Supplier must perIorm a complete system test beIore handing
over to the Purchaser Ior acceptance testing. This should be
accomplished be Iurnishing the Purchaser with a check oII list oI the
completed tests.

28. UNCTIONAL TESTING

28.1 The network components must be tested to ensure that, the system as
a whole Iunction as speciIied in the design. All system utilities
required to restore network malIunction must also be tested.

29. INTEGRATION TESTING

29.1 The proposed LAN and clean Power solution technology should be open and
Ilexible so as to allow Iuture expansion and integration with other Iuture
systems. InterIaces between the network & other existing SSNIT inIormation
technology components must be tested Ior simulation or other appropriate
technology.

30. HIGH VOLUME TESTING

30.1 All the network components must thoroughly be tested with
production volume workloads in a production environment to
determine overall perIormance in terms oI throughput, response time,
and resource utilization.

31. PRE-COMMISSIONING TESTS

31.1 In addition to the Supplier`s standard check out and set-up tests, the Supplier
with the assistance oI the Purchaser, must perIorm the necessary tests on the
system and its sub-systems beIore installation is deemed complete. Only then
shall the purchaser issue Installation CertiIicate(s)


78
The Supplier and the Purchaser would commission all network Ior
live or production operation. The Supplier at no extra cost to the
Purchaser must rectiIy deIiciencies detected during pre-
commissioning oI the system.

32. OPERATIONAL ACCEPTANCE TESTS

32.1 Acceptance should be subjected to satisIactory completion oI system
trial runs conducted by the Purchaser. Test runs will comprise oI:
O The physical, Iunctional, technical and perIormance characteristics oI
the complete system.
O Tests which establish a period oI uninterruptible continuous running
Ior a period not less 72 hours prior to the issuance oI the acceptance
protocol.
O Tests which establish the connectivity oI hardware, system soItware,
application soItware and networks all working in unison.

35.2 The Purchaser (with the assistance oI the Supplier) will perIorm the tests
on the system and its sub-systems aIter installation to determine whether
the system and its sub-systems meet all the requirements mandated Ior
Operational Acceptance.
35.3 The contents oI acceptance tests and a schedule Ior their execution must
be agreed on prior to the commencement oI the test. Acceptance testing
is completed as part oI the acceptance testing phase. During acceptance
testing users would operate the system in a production or near production
environment to conIirm that the network complies with the acceptance
criteria deIined to ensure compliance with the Purchase`s needs.
35.4The Supplier must devise and perIorm suitable commissioning tests to
enable the Supplier certiIy on handover to the Purchaser, that the LAN
installations perIorm correctly in accordance with the manuIacturers`
standards and parameters. The Purchaser, with the help oI the Supplier
will deIine the criteria Ior acceptance testing.
35.5The Purchaser may communicate within 72 hours aIter completion oI
acceptance testing to the Supplier, iI the system Iails to satisIactorily meet
the acceptance criteria oI the test in any part oI the system. Under such
circumstances, the supplier must commit to undertake appropriate testing
and iI necessary replace products or perIorm extra services at the
Supplier`s expense to remedy or improve the system.
35.6The Supplier must provide equipment and/or services required Ior the
satisIactory completion oI acceptance tests. All components oI the LAN
will be tested to veriIy iI the network is Iunctioning according to
speciIication. This test must include physical demonstration oI all
network Iacilities provided by the Supplier.


79
36. IMPLEMENTATION SCHEDULE

The implementation schedule would provide a logical Iramework Ior getting
the project oII the ground. The implementation schedule should indicate
activities and their durations as well as resources assigned to various activities
Irom the beginning to the successIul completion oI the project.

The schedule will be updated throughout the implementation phase in order to
reIlect the current status. A close technical liaison would be
established with the Project Coordinator (SSNIT) to ensure a successIul and
timely completion.

37. THE SUPPLIER`S PROPOSED PLAN SHALL INCLUDE THE OLLOING
ITEMS

O Site surveys and preparations
O Equipment installations and conIiguration
O System Test Plan
4 Connectivity Test
4 Network Layer Test
4 Systems Integration Testing

O Network ConIiguration
O Commissioning

38. SITE SURVEYS AND PREPARATIONS

This constitutes pre-installation checks. A visual check oI the entire site would be
undertaken as well as measurements to determine actual sizes.

The site survey would include the Iollowing:

O Determine route Ior cabling
O Determine trunk capacities
O Determining Power quality requirements, availability and quality
O Survey Ior hazardous environment
O Taking measurements to determine required lengths oI cables and sizes oI
trunking.

39. EQUIPMENT INSTALLATIONS

This would be undertaken in a staged manner as Iollows:

(i) Trunking
(ii) Cabling (Cables would be properly secured in trunkings with cable ties)
(iii) Switch

80
(iv) Cabinets
(v) Termination

40. SYSTEM TEST PLAN

The purpose oI the test is to veriIy that the installed LAN would produce the
expected result. The test will evaluate the system so that, standard responses to all
input will be produced. As many exception conditions as possible would be tested.

A log oI test results and all conditions successIully tested would be kept Ior Iuture
prooI and reIerence.

The Iollowing procedure would be used to authenticate the system:

4 Connectivity test (End-to-end cable connectivity).
4 Network layer test.
4 Systems integration testing
4 Test Ior eligibility oI voice calls
4 Test Ior Data transIer Response time


81

Summary of work at the sites

SSNIT Site /
Office/Branch
LAN Clean Power
1 Breman Assikuma Provision oI LAN
InIrastructure
Provision oI Clean Power
Solution
2 AssinFosu

Provision oI LAN
InIrastructure
Solution
3 Axim

Provision oI LAN
InIrastructure
Solution
4 Bekwai

Provision oI LAN
InIrastructure
N/A
5 Dunkwa Provision oI LAN
InIrastructure
Solution
6 Goaso

Provision oI LAN
InIrastructure
Solution
7 Ho Provision oI LAN
InIrastructure
Solution
8 Agona Swedru Provision oI LAN
InIrastructure
Solution
9 Tarkwa Provision oI LAN
InIrastructure
Solution
10 Tema Harbour Provision oI LAN
InIrastructure
Solution


82

ASSIN FOSU BRANCH LAN SPECIFICATION

Office Item Description Quantity

83

ASSIN FOSU BRANCH CLEAN POWER SPECIFICATION

ITEM DESCRIPTION QUANTITY
Assin Fosu Branch Construct Local Area Network (LAN) as per
LAN Layout on Appendix A. The LAN
Layout is a reIlection oI the building plan not
drawn to scale. The location oI the
Data/Voice point is what has been proposed
by SSNIT
1
No. oI Dual Data/Voice Points. Tenderer
shall ensure that all the require data/Voice
point is provide Ior. As a guide tenderers are
to ensure that each room demarcated in the
drawing should have a minimum oI two (2)
dual Data/Voice Points
40
0.5 meter cat6 patch cord 20
1 meter cat6 patch cord 30
3 compartment 50mm x 170mm White
Trunking
To be determined by vendor
Cat 6utp cable (Old cables MUST be
removed)
Patch Panels To be determined by vendor
Cable Management bar To be determined by vendor
Trunking accessories To be determined by vendor
Wall plugs and screws To be determined by vendor
Face Plates To be determined by vendor
PVC Pipes To be determined by vendor
42U Standard Rack#efer to cabinet specification
in the table below)
N/A
PoE Switch #efer to equipment specification in the
table below)
1
Up-link between switches
NA
Uplink between buildings or Iloors NA

84
Construct UPS Power Lines & Points (UPLP) as per Power Point Layout on
Appendix A. The UPLP layout is a reIlection oI the building plan not drawn
to scale.
The location oI the UPLP in the layout is what has been proposed by SSNIT
1
No. oI Dual UPLP.
Tenderer shall ensure that all the required UPLP is provided Ior.
20
13A Double LED Socket Clipsal/MK or Approved Equal 20
Pattress Box Ior Sockets 20
100A TPN Board. Memshield/Telemecanique or Approved Equal 1
4 way MCB Distribution Board. Merlin Gerin/Memshield or Approved
Equal
1
100A By Pass switch. Memshield/Telemecanique or Approved Equal 2
16mm
2
single insulated cable. (Nexans Kablemetal/Tropical or Approved
Equal)
LOT
2.5 mm
2
single insulated cable Nexans Kablemetal/Tropical or Approved
Equal)
LOT
80KVA AVR #efer to equipment specification in the table below) 1
20KVA UPS#efer to equipment specification in the table below) 1

AXIM BRANCH SPECIFICATION

85

AXIM BRANCH SPECIFICATION

Axim Branch Provision OI Local Area Network (LAN) as
per LAN Layout on Appendix A. The LAN
by SSNIT
1
No oI Dual Data/Voice Points. Tenderer shall
ensure that all the require data/Voice point is
provide Ior. As a guide tenderers are to
ensure that each room demarcated in the
40
Trunking
removed)
42U Standard Rack #efer to cabinet specification
in the table below)
N/A
table below)
N/A
NA

86
Construct UPS Power Lines & Points (UPLP) as per Power Point Layout on Appendix
A. The UPLP layout is a reIlection oI the building plan not drawn to scale.
1
No. oI Dual UPLP.
29
Equal
1
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT

BEKWAI BRANCH SPECIFICATION

87

Bekwai Branch Construct Local Area Network (LAN) as per
drawn to scale. Conduit pipes have been laid
in the blocks Ior the cables.The location oI
the Data/Voice point is what has been
proposed by SSNIT
1
30
Cat 6utp cable To be determined by vendor
Single compartment 50mm x 100mm White
Trunking
in the table below)
N/A
table below)
N/A
NA

88
BEKWAI BRANCH SPECIFICATION

Construct UPS Power Lines & Points (UPLP) as per Power Point Layout on Appendix
A. The UPLP layout is a reIlection oI the building plan not drawn to scale.
N/A
No. oI Dual UPLP.
N/A
13A Double LED Socket Clipsal/MK or Approved Equal N/A
Pattress Box Ior Sockets N/A
100A TPN Board. Memshield/Telemecanique or Approved Equal N/A
Equal
N/A
100A By Pass switch. Memshield/Telemecanique or Approved Equal N/A
60A By Pass switch. Memshield/Telemecanique or Approved Equal N/A
16mm
2
Equal)
N/A
2.5 mm
2
Equal)
N/A
70KVA AVR #efer to equipment specification in the table below) N/A
20KVA UPS#efer to equipment specification in the table below) N/A


89

DUNKWA BRANCH SPECIFICATION

Dunkwa Branch Construct Local Area Network (LAN) as per
LAN Layout on Appendix A. The LAN Layout
is a reIlection oI the building plan not drawn to
scale. The location oI the Data/Voice point is
what has been proposed by SSNIT
1
provide Ior. As a guide tenderers are to ensure
that each room demarcated in the drawing should
have a minimum oI two (2) dual Data/Voice
Points
40
Trunking
removed)
in the table below)
N/A
in the table below)
N/A
table below)
N/A
N/A
Uplink between buildings or Iloors N/A

90

DUNKWA BRANCH SPECIFICATION

Appendix A. The UPLP layout is a reIlection oI the building plan not drawn to
scale. The location oI the UPLP in the layout is what has been proposed by SSNIT
1
No. oI Dual UPLP.
24
Equal
1
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT


91
GOASO DEPARTMENT SPECIFICATION

Goaso Branch Construct Local Area Network (LAN) as per
1
No. oI Dual Data/Voice Points. Tenderer shall
Points
40
Trunking
removed)
in the table below)
N/A
in the table below)
N/A
table below)
N/A
N/A

92
GOASO BRANCH SPECIICATION

scale.
1
No. oI Dual UPLP.
23
Equal
1
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT
Colour oI cables (Blue, Brown & Black (BBB)) N/A


93

HO OICE SPECIICATION

Ho Branch Construct Local Area Network (LAN) as per
drawn to scale. The location oI the Data/Voice
point is what has been proposed by SSNIT
1
that each room demarcated in the drawing
should have a minimum oI two (2) dual
Data/Voice Points
60
Trunking
Cat 6utp cable (Old cables MUST be removed) To be determined by vendor
in the table below)
1
15U Standard Rack#efer to cabinet specification in
the table below)
N/A
table below)
2
Fiber cable

94

HO BRANCH SPECIICATION

scale.
1
No. oI Dual UPLP.
45
Equal
2
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT


95

SEDRU BRANCH SPECIICATION

Swedru Branch Construct Local Area Network (LAN) as per
by SSNIT
1
45
Trunking
removed)
in the table below)
N/A
table below)
1
NA

96
SEDRU BRANCH SPECIICATION

scale.
1
No. oI Dual UPLP.
32
Equal
1
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT


97
TARKA SPECIICATION

Tarkwa Branch
Construct Local Area Network (LAN) as per
1
No. oI Dual Data/Voice Points. Tenderer shall
Points
60
Trunking
Cat 6utp cable (Old cables MUST be removed) To be determined by vendor
in the table below)
1
in the table below)
N/A
2KVA Backup UPS #efer to equipment
specification in the table below)
N/A
N/A
table below)
N/A
N/A

98
TARKA BRANCH SPECIICATION

scale.
1
No. oI Dual UPLP.
29
Equal
1
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT


99
TEMA HARBOUR BRANCH SPECIFICATION

Tema Harbour Branch Construct Local Area Network (LAN) as per
by SSNIT
1
70
Trunking
removed)
in the table below)
N/A
N/A
table below)
2
Up-link between switches - Fiber cable
Fiber cable

100

HARBOUR BRANCH SPECIFICATION

scale.
1
No. oI Dual UPLP.
65
100A TPN Board. Memshield/Telemecanique or Approved Equal N/A
Equal
3
16mm
2
Equal)
LOT
2.5 mm
2
Equal)
LOT
40 UPS#efer to equipment specification in the table below) 1


101
Breman Assikuma

Breman Assikuma
Branch
Construct Local Area Network (LAN) as per
by SSNIT
1
40
Trunking
removed)
in the table below)
N/A
N/A
table below)
1
Up-link between switches - Fiber cable
NA

102
BREMAN ASSIKUMA BRANCH SPECIICATION

scale.
1
No. oI Dual UPLP.
17
Equal
1
16mm
2
single insulated cable. Nexans Kablemetal/Tropical or Approved
Equal
LOT
2.5 mm
2
Equal
LOT


103

EQUIPMENT AND CABINET SPECIICATIONS TABLE OR LAN

Item Specifications
Power Over
Ethernet Switch
1 Switch Architecture
19`` rack mountable, 24 X 10/100/1000 port switch, Switch shall be
modular or stackable to be able to accommodate more number oI ports in
Iuture Ior scalability, Port mirroring capability, Multicast support
(PIM,SM,DM and IGMP Snooping)
2 Switch Throughput
24 Gbps or more throughput providing non- blocking architecture
3 Protocol and standards support
IPv6 support, Shall be able to support private vlans or equivalent Ieature,
Ethernet : IEEE 802.3, 10BASE-T, Fast Ethernet : IEEE 802.3u,
100BASE-TX, Gigabit Ethernet: IEEE 802.3z, 802.3ab, Power over
Ethernet IEE 802.3aI, IEEE 802.1D Spanning-Tree Protocol, IEEE
802.1w rapid reconIiguration oI spanning tree, IEEE 802.1s multiple
VLAN instances oI spanning tree, IEEE 802.1Q VLAN encapsulation,
IEEE 802.3ad, IEEE 802.1x user authentication, Routing protocols :
RIP, OSPF,
4 QoS support
Rate Limiting based on source/destination IP/MAC, L4 TCP/UDP
5 Manageability
Built in Web based management support, Built in Console port, SNMP
v1, v2, v3, Should support auto-sensing and auto-negotiation on each
non-GBIC port, Network Timing Protocol (NTP), ConIiguration
replacement and roll back Iunctionality
6 Security eatures supported
Private Vlan or equivalent Ieature, TACACS and RADIUS (planned
Iuture soItware support), MAC-ba
42U Cabinets Internal Dimensions oI Depth: 30", Width 19" EIA Compliant, Height:
42U 73.50 Inches. All side ventilations, Removable side panels, Iront and
back door locking one rack mount power distribution unit, on rolling
wheels, in-built Ian,
15U Cabinets Internal Dimensions oI Depth: 20.5", Width 19" EIA Compliant, Height:
15U 26.25 Inches. Front glass door, Removable side panels, Iront door
locking, one rack mount power distribution unit, top and bottom cable
slots
Trunking Both Single and Three compartment must be white and CAT6 compliant.
Sizes depend on the various sites.


104

SPECIICATIONS OR 200KVA 120KVA, 0KVA 70KVA AVR

Technical SpeciIication
General Description - Three Phase High Capacity Full-auto AC Voltage Regulator.
- Microprocessor/Microcontroller processing based AVR or
Contact type selI-coupling voltage regulator, automatic control
circuit system AVR.
- Automatic Voltage Switcher.
- Input Circuit Breaker (MCCB).
- Output Circuit Breaker (MCCB).
- By-pass Switch Circuit Breaker.
- Digital Meter to read input voltage, output voltage, output
current and Irequency (DMM).
- Additional surge/spike suppression: Transient attenuation
- Induced Lightening Arrestor.
- Over/Under voltage and under Irequency trip set.
Power Ratings - Output Power Capacity: 85 KVA
- Full Load EIIiciency: 98
Output Voltage - 3 Phase N
- Nominal Voltage 230/400 AVC RMS
- Voltage Accuracy /- 0.5
- Output Voltage oI 230-380V /-3.
- Output Frequency range oI 50Hz/-0.5-10,
60Hz/- 0.5-10.
- WaveIorm Distortion: 2
Input Voltage - 3 Phase N
- Nominal Voltage : 230/400 AVC
- Voltage Range: 230/400 AVC /-20 (170/310V
260/470V)
- Operating Frequency: 50Hz /- 0.5 10.
Protections Functions &
Control Console
- Protective Functions Ior time-delay, over-voltage, under-
voltage and overload.
- Surge withstand Capabilities: BS EN 61000 4-5
- Electro Magnetic Compatibility EMC: BS EN 61000 -6-3.
(EN 50081-1) and BS EN 61000 6-2 (EN 50082-2).
- Voltage/Current Monitoring Console.
- Protection Class: 1P21
Environmental
SpeciIications.
- Audible noise 1 meter: 45db (A)
- Storage Temperature: -15 - 45 degrees C
- Relative humidity ~95, Non-condensing.
Additional Requirements -Vendor to advice on solution design.
- Customization.

105

SPECIICATIONS OR 40KVA 30KVA, 25KVA 20KVA UPs

Technical SpeciIication Ior 40KVA, 30KVA, 25KVA AND 20KVA UPS
General Description - Three Phase Microprocessor/ Microcontroller/Digital signal
processing based
- Unit must have capability Ior supporting up to 4 units in
parallel or redundant mode.
- 92 with computer load; 93 with linear load.
-Input Power Iactor ~ 0.98.
-Low input Current distortion 2-5 in nominal load condition
Output Voltage - 3 Phase
-Nominal Output Voltage in the range 220V-415V.
-Output Voltage Distortion should be less than 3.
-Output Frequency 50Hz, 60Hz.
-Crest Factor 3:1,
-WaveIorm type oI Sine wave,
-Output connections with Hard Wire 4-wire (3PH G), Hard
Wire 4-wire (3PH N), Hard Wire 5-wire (3PH N G)
-Built in automatic static bypass switch & mechanical bypass
switch as standard.
Input Voltage - 3 Phase
-Nominal input voltage oI 415V.
- Low input Current distortion 2-5
-Input Frequency range oI 50 Hz-programmable /- 0.5-10, 60
Hz programmable /- 0.5-10.
-Input voltage range Ior main operations 380V-415V.
-Input Power Iactor ~ 0.98.
-Input Connections Hard Wire 5-wire (3PH N G),
Hard Wire 4-wire (3PH N).
Control Console -MultiIunction LCD status and control console with alarms Ior
multiple alarm conditions and emergency power oII.
-Remote monitoring and management available with connections
via LAN, modem, SNMP, RS232, Modbus RTU, programmable
alarm contacts, and TCP/IP.
-Power management SoItware compatible to Windows & Linux
Ior real time monitoring oI all the vital parameters
-Automatic File Saving and Systematic Shutdown oI Server &
Computers in case oI prolonged mains Iailure.
Operating Conditions &
Standards
-Vendor will have to provide all the accessories required Ior
installation oI UPS (panels etc).
-Operating temperature 0C 40C
-Storage temperature -15C - 45C.
-Operating Relative Humidity 0 95, no condensation.
-Heat Loss 1600W
-Low audible noise at 1 meter Irom surIace oI less than 50 dBA
-Protection Class IP 21 as deIined by IEC 529, built in or

106
separate isolation transIormer.
- ConIormance with the Iollowing industry standards: C-tick, EN
50091-1, EN 50091-2, ISO 9001, ISO 14001, TUV, UL, cUL:
UL1778; CE: IEC 62040.
-Must enable automatic energy savings under stable power
conditions (ECO-Mode).
Design and Capacity -TransIormer less design Ior smaller Iootprint and less weight.
- Easily Transportable, robust design Iitted with castors Ior easy
handling.
- Overload capability:
On Inverter - 150 Ior 1min; 125 Ior 10mins; 110 load Ior
60mins.
-On Bypass - 200 Ior 2mins.
-On Battery 150 Ior 15mins.
- Runtime Capability:
-100 Iull load 30mins
- Vendor to provide sealed maintenance Iree batteries in separate
rack cabinets Ior extended runtime along with the UPS.
-Output voltage THD (Total Harmonic Distortion) 100
non-linear load on inverter 3
-Output voltage THD 100 linear load 2
Others requirements
include
-Solution (advisory) design,
-Integration within networking environment
-Customization
-24 x7 preventive and corrective services
-Training.


107
Software Requirements Table

SoItware Licensing (reI. GCC Clause 24), Media and Documentation Requirements

Item
Code
Software
Product
Description
Site
Code
Installed
Computer
(Brand/Model)
Aggregate Licensing Requirements Media
Quantity
Docum-
entation
Quantity
Tech
Spec
Section
No
No of
Computers
Total Users

Concurrent Registered

60 SERVICE REQUIREMENTS
61 Supply, Installation, Configuration and Systems Integration
Requirements
The supplier shall design, develop, supply and implement (including training) the required
solution. The supplier shall ensure that the various components oI the system integrate
seamlessly in addition to integrating with third party systems.

611 Acceptance Testing Setup and Support Services
BeIore the system is accepted, SSNIT reserves the right to require an operational
demonstration oI the system.
Customization oI the system according to SSNIT requirements shall be done beIore the
perIormance testing.

612 System Performance Test
II the product operates at least 98 oI the time during the perIormance test period, it shall be
deemed to have met SSNIT standard oI system availability.
The average level oI system availability is computed by dividing the total operational use
time which must not be less than 100 hours by the total operational use time plus associated
downtime.
Product Iailure resulting in downtime shall be measured by those intervals during the
perIormance period between the time that the vendor is notiIied oI product Iailure and the
time that the product is returned to its operating condition.


108
613 System Accuracy Test
The product must operate in at least 95 oI the time during the perIormance test period
substantial conIormity with the vendor's published documentation and the requirements oI
this RFP.
The SSNIT shall test the overall system perIormance and capacity based on the projected
input workload to be set by the purchaser`s project team.
During the period when a system component is inoperable, SSNIT shall use the system when
such action does not interIere with maintenance oI the inoperable component.
Immediately upon successIul completion oI the perIormance period, SSNIT shall notiIy the
vendor in writing oI initial acceptance oI the product prior to Iull commissioning.
II successIul completion oI the perIormance period is not attained within 30 days Irom
installation date, SSNIT shall have the option oI terminating the contract, conIiscate the
perIormance bond and award the bid/contract to the next ranked bidder or the option to
continue the perIormance test. SSNIT' option to terminate the contract shall remain in eIIect
until such time as a successIul completion oI the perIormance period is attained. In awarding
the contract to the next ranked bidder, the conIiscated perIormance bond will be applied to
the diIIerence in the bid price. II the conIiscated perIormance bond is insuIIicient, the
vendor whose bond was conIiscated shall shoulder the remaining diIIerence in cost.

62 Systems Operation and Technical Support Service
Requirements
Mandatory Service Level Agreement (SLA) which is Iull warranty and maintenance
Ior a period oI 3 years. The maintenance shall include but not limited to preventive
maintenance, corrective maintenance, replacement oI worn out parts and the entire
system, Iixing oI bugs, patches, and soItware upgrades reIer to draIt SLA .
63 Hardware Maintenance Service Requirements
Ior a period oI 3 years. The maintenance shall include but not limited to preventive
maintenance, corrective maintenance, replacement oI worn out parts.

64 Software Maintenance:
Ior a period oI 3 years. The maintenance shall include but not limited replacement oI
the entire system, Iixing oI bugs, patches, and soItware upgrades.

641 System IOS Upgrades :
Ior a period oI 3years. The maintenance shall include but not limited replacement oI
the entire system, Iixing oI bugs, patches, and soItware upgrades.


109
6.4.2 System IOS Update or all other forms of updates
Ior a period oI 3years. The maintenance shall include but not limited replacement oI
the entire system, Iixing oI bugs.

7 PRO1ECT PLANNING AND MANAGEMENT
The Tenderer shall provide a complete and detailed Project Plan in its tender Ior successIul
and timely project implementation in conIormance with the Implementation Schedule. The
Project Plan shall conIorm to GCC Clause 1.1(t) and IulIil the requirements indicated in this
section oI the Technical SpeciIications.

1 The Purchaser`s Project Team

2 The Supplier`s Project Team Organization and Qualifications

3 Project Management Controls, Documentation and Reporting

4 Requirements

5 Project Baseline Schedule (Chart)

6 Detailed Descriptions of Project Activities (Tasks)

7 Change Management Strategy including procedures for change over

Acceptance Test Procedures and Success Criteria
Acceptance oI the Products shall be conducted separately Ior each Installation Batch, Ior
groups oI Batches combined and working together, or Ior the entire set oI Products supplied
under the Contract working as a complete, integrated Systemin accordance with the testing
scheme and against the success criteria speciIied below.

1 Testing of Individual Installation Batches
The Project Plan shall include detailed procedures and test criteria Ior testing the individual
installation batches.

2 Complete System Integration Testing
The Project Plan shall include detailed procedures and test criteria Ior testing the Complete
System Integration.


110
3 Purchaser Activities, Resource Requirements and Dependencies
The Project Plan shall include detailed descriptions oI the activities, deliverables and
timetables Ior all tasks and resources that the Purchaser should provide Ior Contract
execution, including but not limited to computer room site preparation, installation oI local
area network cabling, arranging Ior wide area network telecommunications Iacilities or an
Internet connection, conduct oI Acceptance tests, etc. For the purposes oI this the purchaser
shall not be responsible Ior custom clearance.

9 Third Party Activities, Resource Requirements and Dependencies
The Project Plan shall include detailed descriptions oI the activities, deliverables and
timetables Ior all activities and resources that any third parties (not party to the Contract)
should provide or perIorm, or on which the execution oI the Contract otherwise depends.

10 Project Constraints, Risks & Contingencies
The Project Plan shall indicate the various project constraints and risks and the contingencies
that will be used to mitigate the project risks.


111

PART 3 - CONTRACT

Section VIII. General Conditions oI Contract

112

Section VIII General Conditions of Contract

Table of Clauses
A Contract and Interpretation5
1. Definitions 114
2 Contract Documents 120
3 Start Date 121
4 Language and Interpretation 121
5 Notices 122
6 Governing Law 123
7 Resolution of Disputes 123
SupplementaryAgreements 123
9 Scope of the Contract 124
10 Upgrades and Cost Reductions 124
11 Transport and Delivery 125
12 Inspection and Tests 126
13 Supplier`s Obligations 127
14 Purchaser`s Obligations 12
15 Project Implementation Services 12
16 Software Maintenance and Technical Support Services 130
17 Hardware and Maintenance and Operational Support Services 132
1 Contract Price 134
19 Payment 135
20 Taxes and Duties 136
21 Securities 136
22 Liquidated Damages 13

113
23 Copyright 13
24 Software License Agreements 139
25 Confidential Information 143
26 arranty 143
27 Intellectual Property Rights Indemnification 145
2 Limitation of Liability 146
29 Property Damage, Accident or Injury Indemnities 146
30 Insurance 147
31 orce Majeure 14
32 Implementation Schedule and Project Plan 14
33 Change Orders 149
34 Extensions of the Implementation Schedule 149
35 Termination for Default 150
36 Termination for Convenience 150
37 Termination for Insolvency 151
3 Assignment 151


114
Section VIII General Conditions of Contract
A Contract and Interpretation
Definitions 1.1 The Iollowing words and expressions shall have the meanings
hereby assigned to them:
(a) 'Acceptance means the Purchaser`s written certiIication that
the System (or a subset thereoI) is conIirmed to have met
the Iunctional and perIormance requirements and passed
the inspections and Acceptance tests speciIied in GCC
Clause 12 and the Technical SpeciIications.

(b) 'Contract means the agreement entered into between the
Purchaser and the Supplier, as recorded in the Contract
Form signed by the parties, including all Contract
Documents, all attachments and appendices thereto, and
all documents incorporated by reIerence therein.

(c) 'Contract Documents means the documents speciIied in
GCC Clause 2.

(d) 'The Contract Price means the price payable to the Supplier
under the Contract Ior the Iull and proper perIormance oI its
contractual obligations, subject to such additions and
adjustments thereto or deductions thereIrom, as may be made
pursuant to the Contract. Maintenance Costs Ior Products and
Services to be provided during the Maintenance Period and
which are the subjects oI Supplemental Agreements are not
included in the Contract Price.

(e) 'Country oI Origin or 'Origin means the place where the
products are produced or Irom where the Related Services
are supplied. Products are produced when, through
manuIacturing, processing, soItware development or
substantial and major assembly or integration oI
components, a commercially recognized product results that
is substantially diIIerent in basic characteristics or in purpose
or utility Irom its components. The origin oI products and
services is distinct Irom the nationality oI the Tenderer and
may be diIIerent.

(I) 'Coverage Period means the time periods during which the
maintenance, operational and technical support services
required by the Contract must be available, which, unless
otherwise speciIied in SCC, shall be 8:00 AM to 5:00 PM
local time at the Project Site, Monday through Friday,

115
exclusive oI oIIicial national holidays.

(g) 'Day means calendar day oI the Gregorian Calendar.

(h) 'Delivery means the transIer oI the Products Irom the
Supplier to the Purchaser in accordance with the applicable
Incoterm under the terms and conditions oI the Contract.

(i) 'Eligible Countries means the countries and territories listed
as eligible in Section V.

(j) 'GCC means the General Conditions oI Contract.

(k) 'Implementation Period means the period Irom the Start
Date until all the Products and the entire System have
achieved Iull and complete Acceptance by the Purchaser and
all Project Implementation Services have been delivered.

(l) 'Implementation Schedule is the part oI the Supplier`s tender
(provided in response to the Purchaser`s requirements
thereIore speciIied in the Schedule oI Supply) speciIying the
committed schedule Ior arrival and Installation oI Batches oI
Products and delivery oI related Services at the Project Sites,
including any agreed amendments thereto. The
Implementation Schedule deIines the major milestones and
timetable Ior the detailed Project Plan and is used Ior
managing the Supplier`s perIormance under the Contract,
including Ior the assessment oI liquidated damages pursuant
to GCC Clause 22.

(m) 'InIormation System, also called 'System, means the
complete set oI Products and Related Services that the
Supplier is required to provide under the Contract.

(n) 'Installation means the Supplier`s written notiIication that a
speciIic set oI Products and associated Services identiIied as
an 'Installation Batch in the Schedule oI Supply have been
delivered, unpacked, set up, connected, conIigured and tested,
and are ready Ior Acceptance testing and subsequent
production use by the Purchaser in accordance with Contract
requirements.

(o) 'Intellectual Property Rights means any and all copyright,
moral rights, trademark, patent, and other intellectual and
proprietary rights, title and interests, world-wide, whether
vested, contingent or Iuture, including without limitation all
economic rights and all exclusive rights to reproduce, Iix,

116
adapt, modiIy, translate, create derivative works Irom, extract
or re-utilize data Irom, manuIacture, introduce into
circulation, publish, distribute, sell, license, sub-license,
transIer, rent, lease, transmit or provide access electronically,
broadcast, display, enter into computer memory, or otherwise
use any portion or copy, in whole or in part, in any Iorm,
directly or indirectly, or to authorize or assign others to do so.
(p) 'Maintenance Period means the remainder oI the UseIul LiIe
Period Iollowing the expiration oI the Warranty Period Ior
each Installation Batch oI the Products during which the
Supplier is obligated to provide recurrent supply oI Products,
SoItware Releases and License renewals as speciIied in the
Supply Requirements, and also speciIic Maintenance, Support
and other Services Ior the System in accordance with GCC
Clause 8, Ior costs not exceeding those speciIied in the
Maintenance Costs Schedule.

(q) 'Products or 'Goods, means all equipment and SoItware,
Licenses, documentation, and any other materials, supplies
and tangible items that the Supplier is required to supply
under the Contract.

(r) 'Project Manager means the person named in SCC and
appointed by the Purchaser to manage the project and
represent the interests oI the Purchaser.

(t) 'Project Plan is the part oI the Supplier`s Technical Proposal
providing detailed inIormation about the timetable, duration,
sequence, dependencies and required resources Ior all
activities needed to complete the Contract. The Project Plan
shall conIorm to the timelines speciIied in the Contract
Implementation Schedule and shall include a complete
description oI each activity, resource and project milestone.
The Project Plan shall clearly indicate the requirements,
timetable and resource loading Ior all activities and resources
that are the responsibility oI the Purchaser to perIorm, provide
or otherwise arrange Ior. The Project Plan shall also meet the
requirements speciIied thereIore in the Technical
SpeciIications.

(t) 'Project Site(s) or simply 'Site means the place(s) speciIied
in the Supply Requirements Ior Installation oI the Products
and delivery oI the Services.

(u) 'Purchaser means the entity purchasing the Products and
Related Services, as speciIied in the SCC.
(v) 'Purchaser`s Country is the country named in the SCC.

117

(w) 'Related Services, also called 'Services, means all
technical, logistical, managerial, Iiduciary, training,
maintenance, new soItware release supply and any other
activities and obligations incidental to the supply oI the
Products that must be carried out by the Supplier under the
Contract.

(x) 'SCC means the Special Conditions oI Contract.

(y) 'SoItware means the set oI executable instructions and any
related control and reIerence data and procedures that cause
computer systems to perIorm speciIic business or technical
operations. Contract terminology Ior classiIication or
identiIications oI Iorms oI SoItware is as Iollows:

(i) 'Application SoItware means SoItware that perIorms
or Iacilitates key business, governmental and/or
technical Iunctions Ior end-users oI the System or Ior
equipment being monitored or controlled by the
System, including SoItware Ior general purpose data
processing such as word processing, spreadsheet,
electronic mail, database management, etc.

(ii) 'Custom SoItware means SoItware developed by the
Supplier at the Purchaser`s expense under the Contract,
including customizations made to OII-the-shelI SoItware.

(iii) 'OII-the-shelI SoItware means SoItware that is
provided as a pre-packaged Product Ior multiple clients.

(iv) 'Source Code means the program source Iiles,
database structures, dictionaries, deIinitions, scripts,
libraries and procedures Ior compiling and linking all
source elements into the executable code, design and
user documentation, including precise identiIication oI
all prerequisite SoItware (compilers, libraries, System
SoItware, linkers, soItware tools, etc.) and versions,
and any other Iiles, documents, keys or symbolic
representations necessary Ior the generation,
compilation, execution, veriIication testing and
subsequent maintenance oI the SoItware.

(v) 'Surreptitious Code means any virus, Trojan horse,
worm, or other routine or component designed to permit
unauthorized access to the System, or to disable, erase, or
otherwise harm any component oI the System, or any

118
back door, time bomb, drop dead device, or other routine
designed to disable SoItware automatically with the
passage oI time or under the positive control oI a party
other than the Purchaser, or to perIorm any other such
malicious, mischievous or disruptive actions.
Surreptitious Code excludes routines designed to allow
remote maintenance, upgrades or technical support under
the positive control oI the Purchaser.

(vi) 'System SoItware means SoItware that provides the
operating, management and control instructions Ior the
hardware, or protocol and middle-ware support Ior
communications Iunctions. System SoItware includes but
is not limited to Iirmware, micro-code, operating system,
network protocol, system and network management, Iile
system, backup, clustering, disaster recovery, security,
system integration middle-ware, compilers, linkers,
virtual machines and system utility SoItware.

(a) 'SoItware License means the Purchaser`s right to install and
use the SoItware and related documentation under the terms
and conditions oI a SoItware License Agreement pursuant to
GCC Clause 24, which can be classiIied according to the
scope oI authorized usage, as Iollows:

(i) 'Computer-Based SoItware License means a SoItware
License that is granted Ior use on a speciIic computer or
set oI computers and which may also include some User-
Based Licensing restrictions.
(ii) 'Perpetual Use License means a SoItware License that is
Iully paid Ior, irrevocable, and granted in perpetuity Ior all
or speciIied versions oI the SoItware.

(iii)'Renewable License means an irrevocable and Iully paid
Ior SoItware License Ior all or speciIied version(s) oI the
SoItware that is valid only Ior a speciIied amount
oI time and which will be renewed at speciIied
intervals requiring the payment oI additional License
Iees as shall be indicated in the Maintenance Costs
Form in the Supplier`s tender.
(iv) 'Site or Enterprise License means a SoItware License
authorizing simultaneous use oI the SoItware by all or a
speciIied set oI the Purchaser`s users on all or a speciIied
set oI computers at all or a speciIied set oI the Purchaser`s
Project Sites.
(v) 'User-Based SoItware License means a SoItware License

119
which is granted Ior a speciIied maximum number oI
registered (authorized) or concurrent (simultaneously
active) users oI the SoItware.

(b) 'SoItware Producer means the legal entity that owns the
Intellectual Property Rights in the SoItware and the Source
Code thereIore.

(c) 'SoItware Release means a licensed copy oI a particular
version oI the SoItware, which may be a complete new
version, or only an incremental update to a prior Release.
Contract terminology Ior SoItware Releases is as Iollows:
(i) 'Maintenance Release means an incremental Release oI
the SoItware which primarily Iixes problems in the current
version and which may also include some Iunctional
enhancements.

(ii) 'Media (also called the 'Distribution Media) means the
physical media or the Iiles comprising an electronic
distribution that tangibly embodies a SoItware Release,
oIten including associated on-line documentation.

(iii)'Version Release means a complete Release oI the
SoItware that incorporates signiIicant additional
Iunctionality over previous Releases, which may not be
Iully compatible with previous versions and should
thereIore generally be evaluated Ior potential system,
business and user training impact and then be thoroughly
tested by the Purchaser prior to deployment. Version
Releases generally change the primary SoItware version
identiIier, such as the integer part oI a version number, or
the entire Product name.

(d) 'Start Date means the date Iollowing contract signing that the
Implementation Schedule commences, as deIined in GCC
Clause 3

(e) 'Subcontractor means any natural person, private or
government entity, or a combination oI the above, including
its legal successors or permitted assigns, to whom any part oI
the Products to be supplied or execution oI any part oI the
Related Services is directly or indirectly subcontracted by the
Supplier.

(I) 'Supplier means the natural person, private or
government entity, or a combination oI the above, whose
tender to perIorm the Contract has been accepted by the

120
Purchaser and is named as such in the Contract Form, and
includes the legal successors or permitted assigns oI the
Supplier.
(g) 'UseIul LiIe Period means the time that the Products are
required to be in production use, which is three (3) years Irom
the date oI Acceptance oI the Products, unless otherwise
speciIied in SCC. The UseIul LiIe Period equals the Warranty
Period plus the Maintenance Period. II the Implementation
schedule speciIies multiple Installation Batches with
Installation and Acceptance oI the Products staggered over
time, then the Warranty, Maintenance and UseIul LiIe Periods
shall be calculated separately Ior each Installation Batch.

(h) 'Warranty Period means the period Iollowing Acceptance oI
the Products during which the Supplier`s warranty obligations
in respect oI the Products are in Iorce in
accordance with GCC Clause 26. The duration oI the
Warranty Period shall be:
1 year Ior SoItware;
1 year Ior servers and communications
equipment; and
1 year Ior workstations, printers and all other
Products.

unless otherwise speciIied in SCC

(ii) 'In writing means communicated in written Iorm with prooI
oI receipt.

Contract
Documents
2.1 The documents listed below shall constitute the Contract between
the Purchaser and the Supplier. In the event oI ambiguity or
conIlict between the documents, the order oI precedence shall be
the order in which they are listed below. Subject to this order oI
precedence, all documents Iorming the Contract (and all parts
thereoI) are intended to be correlative, complementary, and
mutually explanatory.

(a) Contract Form Iurnished in Section X, Contract Forms

(b) Section IX, Special Conditions oI Contract

(c) Section VIII, General Conditions oI Contract

(d) Section VI, Schedule oI Supply

121

(e) Section VII, Technical SpeciIications

(I) The Supplier`s tender, including the Price Schedules and
the project Implementation Schedule

(g) Any other documents identiIied in the Contract Form
Start Date 3.1 The beginning oI the Implementation Period oI the Contract and
the eIIective commencement date Ior the Implementation
Schedule and the Project Plan shall be the date, hereinaIter called
the 'Start Date, when all oI the Iollowing conditions have been
IulIilled, generally in the order speciIied herein:
(a) The Contract Form has been duly executed Ior and on behalI
oI the Purchaser and the Supplier;

(b) All necessary Supplemental Agreements Ior the required
Maintenance Period Products and Services have been duly
executed Ior and on behalI oI all the parties thereto in
accordance with GCC Clause 8;

(c) The Supplier has submitted the perIormance and advance
payment securities to the Purchaser in accordance with GCC
Clause 21;

(d) The Purchaser has paid the Supplier the advance payment, in
accordance with GCC Clause 19; and
(e) Any other conditions speciIied in the SCC.
Language and
Interpretation

4.1 Language-The Contract and all related correspondence and
documents exchanged by the Supplier and the Purchaser, shall be
written in the language speciIied in the SCC and shall be
construed and interpreted in accordance with that language.
Supporting documents and printed literature that are part oI the
Contract may be in another language provided they are
accompanied by an accurate translation oI the relevant passages in
the language speciIied in the SCC, in which case, Ior purposes oI
interpretation oI the Contract, this translation shall govern. The
Supplier shall bear all costs oI translation to the governing
language and all risks oI the accuracy oI such translation.

4.2 Incoterms-Unless inconsistent with any provision oI the
Contract, the meaning oI any trade term (EXW, CIP, etc.) and the
rights and obligations oI parties thereunder shall be as prescribed
by Incoterms 2000. 'Incoterms 2000 means the international
rules Ior interpreting trade terms published by the International
Chamber oI Commerce , 38 Cours Albert 1er, 75008 Paris,

122
France.

4.3 Entire Agreement-The Contract constitutes the entire
agreement between the Purchaser and Supplier with respect to the
subject matter oI Contract and supersedes all communications,
negotiations and agreements (whether written or oral) oI parties
with respect to the subject matter oI the Contract made prior to the
date oI Contract signing.

4.4 Amendment-No variation in or modiIication oI the terms oI the
Contract shall be made except by written amendment signed by
the parties.

4.5 Independent Supplier-The Supplier shall be solely responsible
Ior the manner in which the Contract is perIormed. All
employees, representatives or Subcontractors engaged by the
Supplier in connection with the perIormance oI the Contract shall
be under the complete control oI the Supplier and shall not be
deemed to be employees oI the Purchaser.

4.6 1oint Venture, Consortium or Association-II the Supplier is a
joint venture, consortium, or association, all oI the parties shall be
jointly and severally liable to the Purchaser Ior the IulIillment oI
the provisions oI the Contract and shall designate one party to act
as a leader with authority to bind the joint venture, consortium, or
association, and to incur liabilities and receive instructions Ior and
on behalI oI all the parties. The entire execution oI the Contract,
including payment, shall be done exclusively with the leader. The
composition or the constitution oI the joint venture, consortium,
or association shall not be altered without the prior consent oI the
Purchaser.
Notices 5.1 Any notice given by one party to the other pursuant to this
Contract shall be sent to the other party in writing and conIirmed
in writing to the other party`s address speciIied in SCC, within
two days.

5.2 A notice shall be eIIective when delivered or on the notice`s
eIIective date, whichever is later. Any notice sent by airmail post
or special courier shall be deemed (in the absence oI evidence oI
earlier receipt) to have been delivered ten (10) days aIter proper
dispatch.

123
6 Governing
Law
6.1 The Contract shall be governed by and interpreted in accordance
with the laws oI the Purchaser`s country, unless otherwise
speciIied in the SCC.
7 Resolution of
Disputes
7.1 II any dispute or diIIerence oI any kind whatsoever shall arise
between the Purchaser and the Supplier in connection with or
arising out oI the Contract, the parties shall make every eIIort to
resolve amicably such dispute or diIIerence by mutual
consultation.

7.2 II, aIter thirty (30) days, the parties have Iailed to resolve their
dispute or diIIerence by such mutual consultation, then either
the Purchaser or the Supplier may give notice to the other party
oI its intention to commence arbitration, as hereinaIter provided,
as to the matter in dispute, and no arbitration in respect oI this
matter may be commenced unless such notice is given.

(a) Any dispute or diIIerence in respect oI which a notice oI
intention to commence arbitration has been given in
accordance with this Clause shall be Iinally settled by
arbitration. Arbitration may be commenced prior to or aIter
Installation oI the Products under the Contract.

(b) Arbitration proceedings shall be conducted in accordance
with the rules oI procedure speciIied in the SCC.

7.3 Notwithstanding any reIerence to arbitration herein, the parties
shall continue to perIorm their respective obligations under the
Contract unless they otherwise agree, and the Purchaser shall
pay the Supplier any monies due the Supplier.

Supplementary
Agreements

8.1 The Iollowing services required under the Contract shall be the
subject oI supplemental agreements (hereinaIter the
'Supplemental Agreements) covering the entire Maintenance
Period and, where appropriate, the Warranty Period, Ior the
aIIected Installation Batches oI the Products:

(a) Any SoItware Maintenance and Technical Support
Services contracts required pursuant to GCC Clause 16,

(b)Any Hardware and Maintenance and Operational Support
Services contracts required pursuant to GCC Clause 17,
and

(c) Any Source Code Escrow agreements required pursuant to
GCC Clause 24.7

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8.2 The Supplementary Agreements shall include prices no higher
than those speciIied in the Maintenance Costs Schedule, and
terms and conditions substantially equivalent to those
speciIied in the Contract and oIIered in the Supplier`s tender,
including the clauses Ior Force Majeure, Termination Ior
DeIault, Termination Ior the Purchaser`s Convenience, and
any additional provisions designated in the SCC, which shall
also be substantially equivalent to those contained in the
Contract. II there is any conIlict between the Contract and any
Supplemental Agreement, the provisions oI the Contract shall
prevail.

8.3 Should the Purchaser terminate a Supplemental Agreement or
cause it to be terminated during the Maintenance Period, then
the Maintenance Period Ior the aIIected Product or Service
shall terminate on the date that the corresponding
Supplemental Agreement is terminated

B Subject Matter of Contract
9 Scope of the
Contract
9.1 As Iurther elaborated throughout the Contract, the Supplier
shall deliver, Install and obtain the Purchaser`s Acceptance oI
all the Products speciIied in the Supply Requirements and
deliver the Related Services indicated in GCC Clause 9.2
below in accordance with the Implementation Schedule, the
Project Plan and GCC Clauses 10 and 13. The Supplier shall
also IulIill all Warranty obligations pursuant to GCC Clause
26 and shall execute the Supplemental Agreements Ior the
Maintenance Period in accordance with GCC Clause 8.

9.2 The Related Services which the Supplier shall provide under
the Contract are as Iollows, even iI not clearly identiIied and
separately priced in the Related Services Price Schedule, in
which case their price shall be deemed to be included in the
Contract Price in accordance with GCC Clause 18.4:
(a) The Project Implementation Services speciIied in
GCC Clause 15.2;
(b) The SoItware Maintenance and Technical Support
Services speciIied in GCC Clause 16.2; and
(c) The Hardware and Maintenance and Operational
Support Services speciIied in GCC Clause 17.4.

10 Upgrades and
Cost Reductions
10.1 For Products and Services not yet delivered, the Supplier shall
oIIer the Purchaser any cost reductions, promotional programs,
ancillary or extended services or warranties, or other options
oIIered to the Supplier`s clients in the Purchaser`s country.


125
10.2 The Supplier shall oIIer to the Purchaser to replace Products not
yet delivered during Project Implementation by new or
upgraded models, new SoItware Releases and replacement
Products oI the latest technology and equal or better
perIormance or Iunctionality, which the Supplier oIIers its
clients in the Purchaser`s country at the same or lower relative
prices.

10.3 Changes to the Contract necessitated by the Purchaser`s
acceptance oI an oIIer made in accordance with GCC Clause
10.1 or 10.2 shall be implemented by a Change Order pursuant
to GCC Clause 33

11 Transport and
Delivery

11.1 The Supplier shall provide such packing oI the Products as is
required to prevent their damage or deterioration during
shipment. The Supplier shall promptly repair or replace any
Products that are damaged in transit due to inadequate packing
or related causes, where such damage is not otherwise Iully
covered by insurance. The packing, marking, and
documentation within and outside the packages shall also
comply strictly with the Purchaser`s instructions to the Supplier.

11.2 Transportation oI the Products, including insurance and storage,
to the named place oI destination in the Purchaser`s country, as
speciIied in the Implementation Schedule, shall be arranged and
paid Ior by the Supplier, and the cost thereoI shall be included
in the Contract Price in accordance with GCC Clause 18. The
Supplier shall be Iree to use transportation through carriers
registered in any eligible country and to obtain insurance Irom
any eligible source country.

11.3 Transportation oI any Products Irom their original delivery
destination to a diIIerent Project Site Ior Iinal Installation shall
be the responsibility oI the Purchaser, unless otherwise

11.4 Early or partial deliveries require the explicit written consent oI
the Purchaser, which consent shall not be unreasonably
withheld.

11.5 For Products supplied Irom abroad (CIP Terms): Upon
shipment, the Supplier shall notiIy the Purchaser and the
Insurance Company by cable with the Iull details oI the
shipment. The Supplier shall promptly send the Iollowing
documents to the Purchaser by mail or courier, as appropriate,
with a copy to the Insurance Company:

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(a) two copies oI the Supplier`s invoice showing the
Products` description, quantity, unit price, and total
amount;

(b) usual transportation documents;

(c) insurance certiIicate Ior CIP only; and

(d) certiIicate(s) oI origin.

11.6 For Products supplied Irom within the Purchaser`s country
(EXW Terms): Upon shipment, the Supplier shall notiIy the
Purchaser and shall promptly send the Iollowing documents to
the Purchaser by mail or courier, as appropriate:

(a) two copies oI the Supplier`s invoice showing the
Products` description, quantity, unit price, and total
amount
(b) delivery note, railway receipt, or truck receipt; and

(c) certiIicate(s) oI origin.

11.7 The documents listed in GCC Clauses 11.5 and 11.6 shall be
received by the Purchaser at least one week beIore arrival oI the
Products and, iI not received on time, the Supplier will be
responsible Ior any resulting additional expenses.

11.8 At the request oI the Purchaser, the Supplier will make available a
representative or agent during the process oI customs clearance in
the Purchaser`s country Ior Products supplied Irom abroad. In the
event oI delays in customs clearance that are not the Iault oI the
Supplier, the Contract Price shall be adjusted in accordance with
GCC Clause 33 to compensate Ior any additional storage charges
that the Supplier may incur as a result oI the delay.
12 Inspection and
Tests
12.1 The Purchaser or its representative shall have the right to
inspect and test the Products to conIirm their conIormity to the
Supply Requirements at the Project Sites or another location
speciIied in the SCC at no extra cost to the Purchaser.

12.2 The Purchaser or its authorized representative shall conduct
Acceptance Tests, in the presence and with the support oI the
Supplier, in accordance with the test procedures set out in the
SCC and Project Plan.

12.3 When the Products have successIully passed the Acceptance
Tests, the Purchaser shall notiIy the Supplier in writing within

127
21 days oI the completion oI the tests, certiIying that the
Products supplied and Installed under the Contract are accepted.

12.4 Should any Product Iail to conIorm to the Supply Requirements
or to pass the Acceptance tests, the Purchaser shall notiIy the
Supplier in writing, indicating the nature oI the Iailure or
nonconIormity, and the Supplier shall promptly either replace
the rejected Products or make the necessary repairs or
corrections as required Ior Acceptance at no additional cost to
the Purchaser and in accordance with the procedures and
response times speciIied in the SCC.

12.5 Nothing in GCC Clause 12 shall in any way release the Supplier
Irom any warranty or other obligations under this Contract or
limit the Purchaser`s ability to seek other remedies as speciIied in
the Contract.
13 Supplier`s
Obligations
13.1 The Supplier shall complete delivery and Installation oI the
Products and Related Services, obtain the Purchaser`s
Acceptance thereIor, and shall manage and perIorm all its other
obligations under the Contract in accordance with the Iollowing
and any additional requirements speciIied in the SCC.

13.2 The Supplier shall appoint an experienced Representative to
manage its perIormance oI the Contract. The Representative
shall be authorized to accept orders and notices on behalI oI the
Supplier, and to generate notices and commit the Supplier to
speciIic courses oI action within the scope oI the Contract. The
Representative may be replaced only with the prior written
consent oI the Purchaser.

13.3 Supply, Installation, Acceptance, Warranty and Maintenance oI
the Products shall include provision oI the Iollowing, at each
Project Site where appropriate:

(a) any special or proprietary tools required Ior
assembly, use or maintenance oI the Products;

(b) detailed operations, maintenance and usage
manuals Ior each appropriate unit oI the Products;
and

(c) Original Media, license certiIicates and, where
necessary, license authorization key codes Ior all
SoItware Releases.

13.4 The Supplier and all Subcontractors will abide by the job saIety,
insurance, customs and immigration measures prevalent and

128
laws in Iorce in the Purchaser`s country, and will indemniIy the
Purchaser Irom all demands or responsibilities arising Irom
accidents or loss oI liIe, the cause oI which is the Supplier`s
negligence. The Supplier will pay all indemnities arising Irom
such incidents and will not hold the Purchaser responsible or
obligated.

13.5 The Supplier is responsible Ior, and obligated to conduct all
contracted activities with due care and diligence, in accordance
with the Contract and using state-oI-the-art methods and
economic principles, and exercising all reasonable means to
achieve the perIormance speciIied in the Contract.

13.6 The Supplier shall permit the Public Procurement Board to inspect
the Supplier`s accounts and records relating to the perIormance oI
the Supplier and to have them audited by auditors appointed by the
Board, iI so required by the Board.

14 Purchaser`s
Obligations
14.1 The Purchaser will appoint a Project Manager with the authority
to accept or reject all deliverables and to be the primary contact
Ior the Supplier`s Representative.

14.2 The Purchaser shall be responsible Ior timely provision oI all
resources, Iacilities, inIormation, equipment access, and other
deliverables necessary Ior project implementation, as identiIied
in the Project Plan. Pursuant to GCC Clause 34, delay by the
Purchaser shall result in an extension oI the Implementation
Schedule. The Purchaser shall also be responsible Ior any
additional obligations speciIied in the SCC.

14.3 The Purchaser will designate appropriate staII Ior any training
to be imparted by the Supplier and shall make all appropriate
logistical arrangements thereIore in accordance with the Project
Plan.

15 Project
Implementation
Services
15.1 The speciIic Installation, Acceptance Testing and other
services that the Supplier shall provide during the
Implementation Period are speciIied in GCC Clause 15.2,
subject to the Iollowing service deIinitions and any
requirements thereIore speciIied in the SCC:

(a) 'Installation Service includes all unpacking, assembling,
wiring, installation, cabling between equipment units and
components, connections to power supplies and
networks, SoItware Installation and system conIiguration

129
and integration oI all the Products comprising each
Installation Batch at the Project Site Ior no less than one
Iull day per Batch and suIIicient to ensure that all
Products are Installed as required to IulIill the Supply
Requirements, and suitably conIigured and tested to
ensure readiness Ior Acceptance testing.

(b) 'Operational Orientation Service consists oI instructing
the Purchaser`s technical staII at the Project Site in the
proper operation, management, routine care and
maintenance oI the Products.

(c) 'Acceptance Test Support Service includes provision by
the Supplier oI on-site technical and operational support
Ior each Installation Batch at each Project Site Ior the
time periods speciIied in the Supply Requirements, with
at least one expert systems engineer knowledgeable in the
overall systems design and the major Products
comprising the Systems, with backup support and
expertise available oII-site and/or at other Project Sites as
necessary to provide coverage Ior the Iull suite oI
Products included in the Installation Batches being tested
together, as speciIied in the Supply Requirements.

15.2 Except as otherwise speciIied in the SCC, the Supplier shall
provide the Iollowing Project Implementation Services in
accordance with the service deIinitions speciIied in GCC
Clause 15.1

(a) Installation and Orientation Services Ior all Installation
Batches at all Project Sites;

(b) Provision oI all project and technical documents and
diagrams speciIied in the Supply Requirements;

(c) Acceptance Test Support Services Ior all the
Purchaser`s Acceptance Testing activities as indicated
in GCC Clause 12 and the Project Plan;

(d) Technical and end-user training Ior the Purchaser`s
staII, as speciIied in the Supply Requirements;

(e) Any additional Project Implementation Services
speciIied in the Supply Requirements.


130
16 Software
Maintenance and
Technical Support
Services
16.1 The speciIic SoItware Maintenance and Technical Support
Services that the Supplier shall provide under the Contract and
which may be the subject oI Supplemental Agreements pursuant
to GCC Clause 8 are speciIied in GCC Clause 16.2, subject to
the Iollowing service deIinitions and any requirements thereIor
speciIied in the SCC:

(a) 'SoItware Maintenance Service is a subscription service
whereby the Purchaser automatically receives or is granted
Internet access to the Media and associated documentation
Ior all Maintenance Releases oI the SoItware, and is also
provided with access to a (preIerably Internet) knowledge-
base oI inIormation and/or a periodic publication about
known problems with the SoItware and solutions thereIor.

(b) 'Version Upgrade Service is a subscription service
whereby the Purchaser automatically receives or is granted
Internet access to the Media and associated documentation
Ior all new Version Releases oI the SoItware.

(c) 'End-User Help Desk Support is a service whereby the
Purchaser`s end-users oI the system may report problems
and submit questions related to the use oI the SoItware (or
the entire System) during the speciIied Coverage Period
and promptly receive courteous, helpIul, solution-oriented
replies Irom technical experts in the subject matter oI the
service. The Iorms oI communication and the required
response times and any necessary escalation procedures are

(d) 'Remote Technical Support is a service whereby
designated members oI the Purchaser`s technical staII may
report system problems and submit technical questions
related to the use, operation and proper maintenance oI the
Systems or speciIic Products during the speciIied Coverage
Period and promptly receive courteous, helpIul, solution-
oriented replies Irom technical experts in the subject matter
oI the service. The Iorms oI communication and the
required response times and any necessary escalation
procedures, e.g. to On-Call Technical Support, are

(e) 'On-Call Technical Support is a service Ior either a Iixed,
periodic Iee or a usage-based Iee structure whereby during
the Coverage Period designated members oI the
Purchaser`s technical staII may request and receive on-site
technical assistance within a reasonable response time with

131
the diagnosis, repair, operation, modiIication or proper
maintenance oI the Systems, the network or speciIic
Products, including with the installation and testing oI new
SoItware Releases. The methods oI communication, the
required response times, service levels and escalation
procedures are speciIied in the SCC.

(I) 'On-Site Technical Support is a service whereby the
Supplier employs a speciIied number oI systems engineers
to work Iull time during the Coverage Period at designated
Project Sites to provide technical support services identical
to those provided under the On-Call Technical Support
service, but with a more immediate response time Irom
dedicated, on-site experts. The management procedures,
required service levels and escalation procedures are

provide the Iollowing Services Ior all SoItware provided under
the Contract in accordance with the service deIinitions speciIied
in GCC Clause 16.1, provided that provision oI these Services
shall not relieve the Supplier oI any warranty or other
obligations under this Contract:

(a) SoItware Maintenance Services Ior all SoItware Ior
the entire UseIul LiIe Period;

(b) On-Call Technical Support during Acceptance
testing Ior all Project Sites, Products and
Acceptance tests;

(c) Remote Technical Support Services Ior the System
and individual Products Irom the date oI Installation
through Acceptance testing and the Warranty
Period;

(d) Version Upgrade Services Ior all SoItware Ior the
Implementation Period; and

(e) Any additional Services speciIied in the SCC.

16.3 Unless otherwise speciIied in SCC, all End-user Help Desk and
Technical Support Services that the Supplier is required to
provide under the Contract shall conIorm to the Iollowing:

(a) The means oI communicating questions, problems and
responses between the Supplier and the Purchaser shall

132
include telephone, Iacsimile and electronic mail, and the
Purchaser shall receive responses within one business day;

(b) The Supplemental Agreement shall include provisions Ior
escalation to more senior experts within 24 hours and, iI so
speciIied in the Supply Requirements, On-site Technical
Support within two (2) business days, Ior persistent
problems aIIecting the Purchaser`s production operations.

16.4 Unless otherwise speciIied in the SCC, all SoItware
Maintenance Release and Version Upgrade Services required
under the Contract shall include to the Iollowing provisions:

(a) All new Releases oI the SoItware and associated
documentation to be provided under the Contract shall be
delivered to the Purchaser within 30 days oI their
availability in the Purchaser`s country, and no later than 12
months aIter they are released in the Country oI Origin oI
the SoItware.

(b) II the License Ior the SoItware is version-restricted, the
Purchaser`s License is upgraded automatically to include new
versions upon receipt thereoI by the Purchaser.
17 Hardware and
Maintenance and
Operational
Support Services
17.1 The speciIic Hardware and Maintenance and Operational
Support Services which the Supplier shall provide under the
Contract and which may be the subject oI Supplemental
Agreements pursuant to GCC Clause 8 are speciIied in GCC
Clause 17.4, subject to the service deIinitions contained in GCC
Clauses 17.2 and 17.3.

17.2 Except as otherwise or as Iurther speciIied in the SCC, the
Iollowing Iixed price services should include provision oI all
labor, spare parts, supplies, diagnostic equipment, escalation
procedures, continuous eIIort until repair and periodic
preventative maintenance activities, Ior Iixed maximum prices
indicated in the Maintenance Costs Form, suIIicient to ensure
that all equipment operates without deIects or interruption Ior at
least 99.5 oI the Coverage Period (exclusive oI scheduled
down-time), and iI any critical component is out oI service Ior
more than 48 hours, the Supplier shall either immediately
replace the deIective component or the entire unit at its own
cost:

(a) 'On-site System Maintenance Service, whereby the
Supplier shall provide a speciIied number oI Iull-time
resident engineers on site Ior the Coverage Period at
designated Project Sites.

133

(b) 'On-Call System Maintenance Service, whereby the
Supplier shall provide local equipment maintenance
services during the Coverage Period Ior all or speciIic
Products at designated Project Sites, whereby an engineer
shall arrive on site within 4 hours Irom the time the
Purchaser logs a service call.

(c) 'Return-to-Service-Depot Maintenance is a service
suitable Ior smaller and less critical items (such as
workstations, printers and peripheral equipment) that is
made available Ior speciIic Products by the Supplier on a
carry-in or send-in basis during the Coverage Period.
Equipment returned Ior service shall be repaired or
replaced within Iive (5) days. The Purchaser shall be
responsible Ior all shipping and insurance charges to the
Service Depot and the Supplier shall be responsible Ior
return shipping and insurance charges. II so speciIied in
the SCC, the Return-to-Service-Depot may also be priced
as an on-demand service under the provisions oI GCC
Clause 17.3.

17.3 Except as otherwise or as Iurther speciIied in the SCC, the
Iollowing on-demand or other special services should be
available on a time-and-materials Iee basis in accordance with
Contract prices Ior both spare parts and labor indicated on the
Maintenance Costs Form:

(a) 'Per-Call Hardware Maintenance Service, whereby the
Supplier shall have an engineer on site within 4 hours Irom
when the Purchaser logs a service call during the Coverage
Period. This service includes provision Ior continuous
eIIort until repair, escalation procedures, a local inventory
oI essential spare parts, maintenance supplies and
diagnostic equipment. II speciIied in the SCC, the Per-Call
service may provide backup Ior a selI-maintenance
program and/or oIIer additional coverage outside the
regular Coverage Period by deIining an 'Extended
Coverage Period.

(b) 'SelI-Maintenance is a service whereby the Supplier shall
provide spare parts, diagnostic equipment and soItware,
and technical support as necessary to Iacilitate the
diagnosis, maintenance and repair oI the Products by the
Purchaser`s technical staII, as speciIied in the SCC


134
provide the Iollowing Services Ior the Products provided under
the Contract in accordance with the service deIinitions speciIied
in GCC Clause 17.1, provided that provision oI these Services
shall not relieve the Supplier oI any warranty or other
obligations under this Contract:
(a) Unless otherwise and as may be Iurther speciIied in the
Supply Requirements, the Supplier shall provide On-call
System Maintenance Services Ior the UseIul LiIe Period Ior
all Products and Project Sites;
C Payment
1 Contract Price 18.1 The Contract Price shall be the amount speciIied in the Contract
Form.

18.2 Except Ior Maintenance Costs (which are quoted as maximum
costs with appropriate price escalation Iactored in and which
may vary downwards Irom the prices quoted in the Maintenance
Costs Schedule under Supplemental Agreements in accordance
with GCC Clause 8), the Contract Price shall be a Iirm lump
sum not subject to any alteration, except as a result oI a Change
Order pursuant to GCC Clause 33, or in accordance with any
price adjustment Iormula speciIied in the SCC.

18.3 The Contract Prices oI individual Products and Services are as
listed in the Price Schedules, as may be amended during
Contract execution, and adhere to the Iollowing terms:

(a) Products supplied Irom outside the Purchaser`s country are
priced on a CIP (named place oI destination) basis to the
Project Site Ior the Installation Batch speciIied in the
Implementation Schedule, unless otherwise speciIied in the
SCC. Requirements Ior the contract oI carriage are as

(b) Products supplied Irom within the Purchaser`s country,
unless otherwise speciIied in the SCC, are priced on an
EXW (ex Iactory, ex works, ex warehouse, ex showroom
or oII-the-shelI, as applicable) basis, including all customs
duties and sales and other taxes already paid or payable on
the components and materials used in the production oI the
Products, or on the previously imported Products, but
excluding sales or other taxes assessed on the Products in
the Purchaser`s country. Transportation, insurance and
other local costs incidental to delivery oI EXW Products to
the Project Site shall be priced separately as a Service.

135

(c) Prices Ior Services required by the Contract are quoted
inclusive oI all expenses and incidental costs associated
with the provision thereoI, and include all taxes, duties,
levies and Iees paid or payable by the Tenderer, its
Subcontractors, or their employees on account oI the
Services in any country.

(d) Taxes and duties associated with the supply oI Products
and Services under the Contract are treated in accordance
with GCC Clause 20.

18.4 The Supplier shall be deemed to have satisIied itselI as to the
correctness and suIIiciency oI the Contract Price, which shall,
except as otherwise provided Ior in the Contract, cover all its
obligations under the Contract.
19 Payment 19.1 The method and conditions oI payment to be made to the
Supplier under this Contract shall be speciIied in the SCC. The
Supplier`s requests Ior payment shall be made to the Purchaser
in writing, accompanied by an invoice describing, as
appropriate, the Products Installed or Accepted and Services
delivered, and by documents submitted pursuant to GCC
Clauses 11.5 and 11.6, and upon IulIillment oI other obligations
stipulated in the Contract.

19.2 Payments shall be made promptly by the Purchaser, but in no
case later than sixty (60) days aIter submission oI an invoice or
claim by the Supplier.

19.3 Unless otherwise speciIied in the SCC, all payments shall be
made in the currency speciIied in the applicable Price
Schedules. II both the speciIied currency and, because oI a
membership in the European Monetary Union (EMU), the Euro
are valid in the country oI the speciIied currency, payments may
also be made in Euro. In case the speciIied currency has ceased
to be valid in because oI the country`s membership in the EMU,
payments shall be made in the corresponding amount oI the
Euro. The conversion oI the amount oI the speciIied currency
into Euro shall in both cases be made in accordance with the
statutory rate oI conversion applicable in the country oI the
speciIied currency.

19.4 Payment oI the Ioreign currency portion oI the Contract Price
Ior imported Products and Services shall be made to the
Supplier through an irrevocable letter oI credit opened by an

136
authorized bank in the Supplier`s country, and will be payable
on presentation to it oI the appropriate documents. It is agreed
that the letter oI credit will be subject to Article 10 oI the last
revision oI &niform Customs and Practice for Documentary
Credits, published by the International Chamber oI Commerce,
Paris

19.5 No payment made by the Purchaser herein shall be deemed to
constitute Acceptance oI the Products or any part thereoI by the
Purchaser.
20 Taxes and
Duties
20.1 Except as otherwise speciIically provided in the Contract, the
Supplier shall bear and pay all taxes, duties, levies, and charges
assessed on the Supplier, its Subcontractors, or their employees
by all municipal, state, or national government authorities, both
within and outside the Purchaser`s Country, in connection with
the Products and Services supplied under the Contract.

20.2 Notwithstanding GCC Clause 20.1 above and unless otherwise
speciIied in the SCC, the Purchaser shall bear and promptly pay
all customs duties, import taxes, sales or other indirect taxes
imposed by law in the Purchaser`s Country on Products
supplied Irom outside the Purchaser`s country under the
Contract.

20.3 II any tax exemptions, reductions, allowances, or privileges may
be available to the Supplier in the Purchaser`s Country, the
Purchaser shall use its best eIIorts to enable the Supplier to
beneIit Irom any such tax savings to the maximum allowable
extent.

20.4 For the purpose oI the Contract, it is agreed that Contract Prices
are based on the taxes, duties, levies and charges prevailing on the
date twenty-eight (28) days prior to the date oI tender submission
in the Purchaser`s country (hereinaIter called 'Tax in this GCC
Clause 20.4). II any rates oI Tax are increased or decreased, a new
Tax is introduced, an existing Tax is abolished, or any change in
interpretation or application oI any Tax occurs in the course oI the
perIormance oI Contract, which was or will be assessed on the
Supplier, Subcontractors, or their employees in connection with
perIormance oI the Contract, an equitable adjustment to the
aIIected Contract Prices shall be made to Iully take into account
any such change.
21 Securities 21.1 /;ance Payment Security: Within twenty-eight (28) days oI
notiIication oI Contract Award the Supplier shall provide a
security in the currency and in an amount equal to that oI the

137
advance payment to be received under the Contract.

21.2 The Advance Payment Security shall be in the Iorm provided in
the Tendering Documents or in another Iorm acceptable to the
Purchaser. The amount oI the security shall be reduced in
proportion to the value oI payments becoming due to the
Supplier, and shall automatically become null and void and
shall be immediately returned to the Supplier when the Iull
amount oI the advance payment has been recovered in kind by
the Purchaser.

21.3 Performance Security: Within twenty-eight (28) days oI the
notiIication oI Contract award the Supplier shall provide a
security denominated in the currency oI the Contract, or in a
Ireely convertible currency acceptable to the Purchaser, and in
the amount speciIied in the SCC Ior the due perIormance oI the
Contract.

21.4 The proceeds oI the PerIormance Security shall be payable to
the Purchaser as compensation Ior any loss resulting Irom the
Supplier`s Iailure to complete its obligations under the Contract.
The PerIormance Security shall be in one oI the Iollowing
Iorms:

(a) a bank guarantee or an irrevocable letter oI credit
issued by a reputable bank acceptable to the Purchaser
located in the Purchaser`s country or abroad, in the
Iorm provided in the tendering documents or another
Iorm acceptable to the Purchaser; or

(b) a cashier`s or certiIied check.

21.5 Unless otherwise speciIied in the SCC, the PerIormance
Security shall be reduced by halI six (6) months aIter
completion oI the Implementation Period, when the Supplier
has demonstrated the ability to IulIill its Warranty obligations.

21.6 Unless otherwise speciIied in the SCC, the PerIormance
Security shall be discharged in Iull by the Purchaser and
returned to the Supplier not later than thirty (30) days Iollowing
expiration oI the Warranty Period Ior all the Products, provided,
however, that iI the Supplier has obligations Ior the
Maintenance Period under Supplemental Agreements pursuant
to GCC Clause 8, the Iollowing conditions must also be met:

(a) the Supplier shall have IulIilled Maintenance Period
obligations Ior six (6) months and shall not be in deIault on

138
any oI the Supplemental Agreements; and

(b) the quoted annual Maintenance Costs are not lower than
2.5 oI the total supply cost oI the Products (indicating
perIormance risk with costs substantially below a
reasonable industry average percentage);

(c) there shall be no operating or usage restrictions or Supplier
or Producer controls present in any key SoItware Products
that would introduce a business continuity risk Ior the
Purchaser, e.g., by means oI Supplier-controlled
passwords, keys or codes or other Supplier-controlled
mechanisms oI any kind.

21.7 Unless otherwise speciIied in the SCC, iI any oI the conditions
speciIied in GCC Clauses 21.6(a), 21.6(b) or 21.6(c) are not
met, the PerIormance Security shall remain in Iorce Ior the
entire Maintenance Period and decreased Irom its amount at the
end oI the Warranty Period by a prorated percentage the end oI
each year in the Maintenance Period (equal to one divided by
the number oI years in the Maintenance Period).
22 Liquidated
Damages
22.1 Subject to the provisions oI GCC Clauses 31 and 34, iI the
Supplier Iails to install the Products or to perIorm the Related
Services within the period(s) speciIied in the Implementation
Schedule, the Purchaser shall, without prejudice to its other
remedies under the Contract, deduct Irom the Contract Price, as
liquidated damages, a sum equivalent to the percentage
speciIied in SCC oI the price oI the delayed Products or
unperIormed Services Ior each week or part thereoI oI delay
until actual Installation or perIormance, up to a maximum
deduction oI the percentage speciIied in SCC. Once the
maximum is reached, the Purchaser may consider termination oI
the Contract pursuant to GCC Clause 35.

D Intellectual Property
23 Copyright 23.1 The Intellectual Property Rights in all OII-the-shelI SoItware and
associated documentation shall remain vested in the owner oI
such rights.

23.2 The Purchaser agrees to use, copy, assign, install and duplicate
OII-the-shelI SoItware and its documentation in accordance
with the associated SoItware License Agreement, pursuant to
GCC Clause 24. However, the Purchaser may make additional

139
copies oI documentation Ior use within the scope oI the Project
in the event that the Supplier is unable to deliver new copies
within 30 days Irom receipt oI an order.

24 Software
License
Agreements
24.1 The Supplier hereby grants to the Purchaser a non-exclusive
License to install, conIigure, use and integrate the SoItware and
related documentation provided under the Contract, including all
inventions, designs, and marks embodied in the SoItware. All
SoItware Licenses are granted subject to the provisions and Ior
the purposes speciIied in the Contract and, except where
otherwise speciIied in the Contract Ior a particular SoItware
Product, are Perpetual Use Licenses. The term oI the Licenses
provided under the Contract shall commence no later than the
date oI Installation oI the SoItware. In the event oI a conIlict
between the Contract and any licensing terms or conditions
supplied with or as part oI the SoItware (hereinaIter called an
'End User License Agreement or 'EULA), the provisions oI
the Contract shall prevail.

24.2 All SoItware Maintenance and Licensing costs necessary to
IulIill the requirements oI the Contract, to keep the System
operating normally Ior the UseIul LiIe Period in accordance with
the Supply Requirements, and to maintain compliance with any
Supplemental Agreements, whether payable to the Supplier or to
a third party or subcontractor, that are not speciIically indicated
in the Price Schedules shall be deemed to be included in the
Contract Price in accordance with GCC Clause 18.4 and shall be
paid promptly by the Supplier when due.

24.3 Renewable SoItware Licenses provided under the Contract are
subject to the Iollowing provisions, except as otherwise speciIied
in the SCC:

(a) Renewable Licenses shall be renewed automatically on an
annual basis, and, Ior Licenses restricted to particular
SoItware version(s), renewal automatically upgrades the
License to include the latest version oI the SoItware
available on the renewal date, and also any subsequent
Maintenance Releases thereIore.

(b) The Purchaser may terminate a Renewable License at any
time upon 30 days prior written notice, and shall promptly
receive a Iull reIund oI any unused portion oI the License
Iee Irom the Supplier.

(c) The Supplier may revoke a Renewable SoItware License in
the event oI non-payment oI the Renewable License Iee

140
indicated in the Maintenance Costs Form no less than thirty
(30) days aIter receipt by the Purchaser oI an invoice
thereIore and no less than sixty (60) days Irom the date oI
expiration oI the term oI the Renewable License.

(d) Upon termination or expiration oI a Renewable SoItware
License, all use oI the SoItware by the Purchaser shall
cease within thirty (30) days Irom the eIIective date oI such
termination or expiration.

24.4 All SoItware Licenses provided under the Contract are subject to
the Iollowing provisions, as may be modiIied or added to (Ior all
or speciIic SoItware) in the SCC:

(a) The geographic scope oI the Licenses extends to the
Purchaser`s country and all oI its territories, except Ior any
SoItware, which the Supply Requirements speciIy is Ior
use on portable computers or to be accessed over the
Internet, the geographic scope oI which shall be
worldwide.

(b) The Purchaser may conIigure, customize, adapt, integrate
or combine the SoItware Product with other SoItware,
provided that derivative SoItware incorporating any
substantial part oI a supplied SoItware Product shall be
subject to same restrictions as are set Iorth in this Contract
thereIore.

(c) The Purchaser may make a reasonable number oI backup
copies oI the SoItware Media Ior saIekeeping only.

(d) The Purchaser may transIer the SoItware License to a
replacement computer without charge and at its own
discretion, provided that, iI the Contract restricts the
License to a speciIic type oI computer, the replacement
computer is oI the speciIied type. Use oI the SoItware on
the original and replacement computers may be
simultaneous during a reasonable transitional period oI no
more than 60 days.

(e) With the exception oI operating system and special purpose
disaster recovery SoItware, the Purchaser may install the
SoItware on a designated backup computer Ior purposes oI
providing disaster recovery preparedness without charge,
as long as the SoItware is only used on the backup
computer in the event that the primary computer Ior which
the SoItware License was purchased, or its replacement, is

141
inoperative; during a reasonable transitional period when
use is being transIerred between primary and backup, or Ior
reasonable test periods Ior veriIying the state oI
preparedness.

(I) The Purchaser may install and test the operation oI the
SoItware, in the event oI receipt oI a new Release oI the
SoItware or oI underlying or prerequisite System SoItware,
on a development or test machine Ior up to 30 days, at no
additional charge and at its own discretion.

(g) The Supplier shall promptly supply any license keys or
authorization codes necessary to Iacilitate installation,
testing and use oI the SoItware on the Purchaser`s
replacement, backup or test computers as described in GCC
Clauses 24.4(d), 24.4(e) and 24.4(I), respectively.

(h) The Supplier may not revoke a SoItware License, except as
provided under GCC Clause 24.3(c), nor disable or
otherwise impair the operation oI the SoItware without the
Purchaser`s prior written consent.

(i) The Supplier warrants that each copy oI the SoItware
Distribution Media that it provides to the Purchaser under
the Contract shall be Iree Irom physical deIects and will
promptly replace any deIective Media at its own expense.

(j) The Supplier warrants that Ior the UseIul LiIe Period no
copy oI the SoItware contains or will contain any
Surreptitious Code.
(k) The Purchaser`s usage oI the SoItware Products identiIied
in the SCC shall be subject to audit by the Supplier to
veriIy compliance with the terms oI the SoItware License
Agreement, at the Supplier`s expense and no more
Irequently than once per calendar year, to be scheduled at
mutually convenient times and under mutually agreeable
procedures, subject to the audit provisions speciIied in the
SCC. For such audit provisions to be eIIective, appropriate
soItware enabling the Purchaser to track and manage
SoItware License quantities, types and Maintenance
agreements purchased, and to automatically monitor
soItware usage and version releases against those licenses
and agreements must be included in the tender and installed
and conIigured by the Supplier prior to the expiration oI
the Warranty Period Ior the relevant SoItware Product.


142

24.5 Unless otherwise speciIied in SCC Ior a speciIic SoItware
Product, User-Based Licenses Ior personal computer SoItware
shall permit its installation and use on more than one computer
normally used by the same user at diIIerent times, provided that
the SoItware will not be used simultaneously on more than one
computer system.

24.6 Except as otherwise speciIied in the SCC, SoItware Licenses
provided under the Contract shall permit the SoItware to be
disclosed to and reproduced Ior use by service providers and
their subcontractors exclusively in perIormance oI their
obligations under the Contract or any Supplemental Agreements
associated therewith, subject in all cases to the same restrictions
as are set Iorth in this Contract.

24.7 Subject to a supplementary Source Code Escrow Agreement Ior
the Application SoItware identiIied in the SCC as being critical
to the Purchaser`s operations, which shall be entered into with a
reputable escrow agent oI the Supplier`s choosing and acceptable
to the Purchaser prior to the Start Date per GCC Clause 3.1, the
Supplier and/or the SoItware Producer shall maintain current and
veriIiably complete Source Code on deposit with the escrow
agent throughout the entire UseIul LiIe Period, with provisions
Ior the Iollowing

(a) The events triggering prompt release oI the Source Code to
the Purchaser shall include insolvency or bankruptcy oI the
SoItware Producer, its cessation oI or notice oI intent to
cease IulIilling its obligations under any Maintenance
Agreement Ior the SoItware to which it is party, or its
deIault under the Escrow Agreement.

(b) In the event that any oI the trigger events occur, the
Purchaser shall promptly receive and have the right to
access, modiIy, retain and use the Source Code to enable its
continued use oI the SoItware in accordance with the
License Agreement Ior the rest oI the UseIul LiIe Period.

(c) The Source Code shall be released in Iavor oI the owner
thereoI at the end oI the UseIul LiIe Period, or in the event
oI normal or Purchaser-initiated termination oI the License
and Supplemental Agreements Ior Maintenance Services Ior
the SoItware, whichever comes Iirst.

(d) Inclusion oI any additional provisions speciIied in the SCC.

143

25 Confidential
Information

25.1 The Supplier shall not, without the Purchaser`s prior written
consent, disclose the Contract, or any provision thereoI, or any
speciIication, plan, drawing, schedule, design, or inIormation
Iurnished by or on behalI oI the Purchaser in connection
therewith, to any person other than a person employed by the
Supplier in the perIormance oI the Contract. Disclosure to any
such employed person shall be made in conIidence and shall
extend only so Iar as may be necessary Ior purposes oI such
perIormance.

25.2 The Supplier shall not, without the Purchaser`s prior written
consent, make use oI any document or inIormation enumerated
in GCC Clause 25.1 except Ior purposes oI perIorming the
Contract.

25.3 Any document, other than the Contract itselI, enumerated in
GCC Clause 25.1, or the development oI which under the
Contract is paid Ior by the Purchaser shall remain the property oI
the Purchaser and shall be returned (all copies) to the Purchaser
on completion oI the Supplier`s perIormance under the Contract,
iI so required by the Purchaser.

25.4 Each party shall keep conIidential and use only Ior the purposes oI
the contract any inIormation identiIied by the other in the SCC as
being oI a conIidential nature, except that either party may disclose
under conIidence to subcontractors or Iinanciers conIidential
inIormation necessary to perIorm the Contract

E Guarantees and Liabilities
26 arranty 26.1 The warranty provisions in this GCC Clause 26 shall remain
valid Ior the Warranty Period speciIied in GCC Clause 1.1(hh),
except where otherwise speciIied in the speciIic sub-clause.
Provisions oI the Supplier`s or Producer`s standard commercial
warranty Ior the Products shall also apply to the extent that they
do not conIlict with the provisions oI the Contract.

26.2 The Supplier warrants that the Products supplied under the
Contract are new, unused, the most recent or current models, and
that they incorporate all recent improvements in design and
components, unless provided otherwise in the Contract. The
Supplier also warrants that all Products Iorm part oI the
Producers` current product lines, have been previously released

144
to the market, and that all OII-the-shelI SoItware has been in
production use Ior at least three months. The Supplier also
warrants that the Products comply with the Supply Requirements
and the Supplier`s tender.

26.3 The Supplier Iurther warrants that equipment supplied under this
Contract shall have no deIect arising Irom design, materials, or
workmanship during Acceptance testing and Ior the duration oI
the Warranty Period that prevent the Products or the entire
System Irom IulIilling the Supply Requirements, or that limit in
a material Iashion the perIormance, reliability or extensibility oI
the Product or System. This warranty excludes deIects
attributable to external Iactors beyond the Supplier`s control,
including power supply Iluctuations, or the Purchaser`s
alterations, misuse or negligence in proper maintenance oI the
equipment.

26.4 The Supplier warrants Ior the UseIul LiIe Period that the
Products being supplied under this Contract are designed to be
used prior to, during, and aIter the calendar year 2000 AD
('Year 2000), including correct treatment oI the year 2000 as a
leap year, and that the System will operate during each such time
period without error relating to date data, speciIically including
any error relating to, or the product oI, date data that represents
or reIerences diIIerent centuries or more than one century.
Without limiting the generality oI the Ioregoing, the Supplier
Iurther represents and warrants that, Ior the UseIul LiIe Period,
the Products will not abnormally terminate or provide invalid or
incorrect results as a result oI date data, speciIically including
date data that represents or reIerences diIIerent centuries or more
than one century; have been designed to ensure Year 2000
compatibility, including, but not limited to, date data century
recognition, calculations that accommodate same-century and
multi-century Iormulas and date values, and date data interIace
values that reIlect the century; and will manage and manipulate
data involving dates, including single-century Iormulas and
multi-century Iormulas, and will not terminate abnormally or
generate incorrect data.

26.5 The Supplier hereby represents and warrants that all SoItware
provided under the Contract does not and will not inIringe any
Intellectual Property Rights held by any third party and that the
Supplier has all necessary rights, or at his sole expense shall
have secured in writing all transIers oI rights and other consents
necessary to License Ior use and warrant the SoItware per the
terms oI this Contract Ior the UseIul LiIe Period.


145

26.6 Unless otherwise speciIied in the SCC, the Supplier hereby
represents and warrants that, during the Implementation and
Warranty Periods, SoItware provided under the Contract will
operate in accordance with the associated documentation and
with the claims related thereto included in the Supplier`s tender,
which is hereinaIter reIerred to as the 'As-Documented
Warranty. Instances oI noncompliance with the As-
Documented Warranty shall be reported to the Supplier in
writing prior to the expiration oI the Warranty Period. Upon
receipt oI notice oI such noncompliance, the Supplier will
promptly implement corrective measures Ior the deIect in
accordance with the provisions oI GCC Clause 26.7 and any
applicable Supplemental Agreement Ior SoItware Maintenance
and/or Support Services.

26.7 The Supplier shall eIIect repair or replacement oI Products not
meeting these perIormance guarantees and warrantees promptly
upon receipt oI notice thereoI at its own cost and expense and
with all reasonable speed within such times and under such
procedures, as are speciIied in the SCC. The Supplier shall not
be relieved oI his obligations stated herein until the Purchaser is
satisIied that the repaired and replaced Products are perIorming
in accordance with the perIormance guarantees speciIied in the
Contract. When he Supplier Iails to remedy the deIect(s) within
the times speciIied in the SCC, the Purchaser may proceed to
take such remedial action as may be necessary, at the Supplier`s
risk and expense and without prejudice to any other rights which
the Purchaser may have against the Supplier under the Contract.

26.8 Replacement equipment shall be covered under warranty Ior a three
month period, or the time remaining in the Warranty Period Ior the
item replaced, whichever is greater. The Warranty Period Ior
replacement SoItware shall be identical to the initial warranty
period Ior the deIective SoItware. Replaced Products shall be the
property oI the Supplier.
27 Intellectual
Property Rights
Indemnification
27.1 The Supplier shall indemniIy and deIend the Purchaser against
all third party claims oI inIringement oI Intellectual Property
Rights oI any kind arising Irom the supply or use by the
Purchaser oI the Products or any part thereoI.

27.2 The Supplier shall expeditiously extinguish any such claims and
shall have Iull rights to deIend itselI thereIrom. II the Purchaser
is required to pay compensation to a third party resulting Irom
such inIringement, the Supplier shall be Iully responsible there

146
Ior, including all expenses and court and legal Iees. II such a
claim is made or appears likely to be made, the Purchaser agrees
to permit the Supplier to enable the Purchaser at the Supplier`s
expense, to continue to use the Supplier Product or to modiIy or
replace it with a Supplier Product which has published
speciIications equal or superior to the Supplier product being
replaced. II none oI the alternatives is available, the Supplier, at
its own expense, will secure Ior the Purchaser the use oI an
equivalent product and bear all related conversion, installation,
and training costs.

27.3 The Purchaser will give notice to the Supplier oI any such claim
without delay, shall provide reasonable assistance to the Supplier
in disposing oI the claim, and shall at no time admit to any
liability Ior or express any intent to settle the claim.

27.4 Indemnities shall not apply iI any claim oI inIringement or
misappropriation is asserted by a parent, subsidiary or aIIiliate oI
the Purchaser`s organization, iI it is a direct result oI a design
mandated by the Purchaser`s Technical SpeciIications and the
possibility oI such inIringement was duly noted in the Supplier`s
Tender, or iI it results Irom the Purchaser`s alteration oI the
Products in a manner not prescribed in the Contract.

2 Limitation of
Liability

28.1 Except in cases oI criminal negligence or willIul misconduct or
in the case oI IPR inIringement pursuant to GCC Clause 27:

(a) the Supplier shall not be liable to the Purchaser, whether in
contract, tort, or otherwise, Ior any indirect or
consequential loss or damage, provided that this exclusion
shall not apply to any obligation oI the Supplier to pay
liquidated damages to the Purchaser; and

(b) the aggregate liability oI the Supplier to the Purchaser
under the Contract shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost oI
repairing or replacing deIective Products, or to the
obligation oI the Supplier to indemniIy the Purchaser
pursuant to GCC Clause 27.

Distribution of Risk

29 Property
Damage, Accident
29.1 Each party, whether the Purchaser or the Supplier, shall
indemniIy and hold harmless the other party and its employees
and oIIicers Irom and against any and all losses, liabilities and
costs (including losses liabilities and costs incurred in deIending

147
or Injury
Indemnities
a claim alleging such a liability) which the other party or its
employees or oIIicers may suIIer as a result oI the death or injury
oI any person or loss oI or damage to any property, arising in
connection with the activities under the Contract and by reason
oI the negligence oI the Iirst party or its Subcontractors, or their
employees, oIIicers or agents.

30 Insurance 30.1 The Supplier shall arrange and pay or otherwise provide Ior and
maintain in eIIect the insurance set Iorth below, unless otherwise
speciIied in the SCC. The identity oI the insurers and the Iorm oI
the policies shall be subject to the approval oI the Purchaser,
which approval shall not be unreasonably withheld.

(a) Cargo Insurance During Transport. The Products
supplied under the Contract shall be Iully insured to
110 oI their price in a Ireely convertible currency,
covering the Products against loss or damage during
shipment through receipt at the Project Site. The
policy shall name the Purchaser as the beneIiciary.

(b) Third Party Liability Insurance covering bodily
injury or death suIIered by third parties (including
the Purchaser`s personnel) and loss oI or damage to
property (including the Purchaser`s property and
any Products that have been delivered or Installed
by the Supplier) arising out oI the Supplier`s
execution oI the Contract.

(c) Workers` Compensation and Employer`s Liability
Insurance in accordance with the statutory
requirements applicable in any country where the
Contract or any part thereoI is executed.

(d) Additional insurance as speciIied in the SCC.

30.2 The Supplier shall provide coverage or otherwise ensure that its
Subcontractor(s) shall take out and maintain in eIIect adequate
insurance policies Ior their personnel and vehicles and Ior work
executed by them under the Contract, including Workers`
Compensation and Employer`s Liability Insurance in accordance
with applicable statutory requirements.

30.3 Unless otherwise provided in the Contract, the Supplier shall
prepare and conduct all and any claims made under the policies
eIIected by it pursuant to this GCC Clause 30, and all monies
payable by any insurers shall be paid to the Supplier. The

148
Purchaser shall give to the Supplier all such reasonable
assistance as may be required by the Supplier in connection with
any claim under the relevant insurance policies. With respect to
insurance claims in which the Purchaser`s interest is involved,
the Supplier shall not give any release or make any compromise
with the insurer without the prior written consent oI the
Purchaser. With respect to insurance claims in which the
Supplier`s interest is involved, the Purchaser shall not give any
release or make any compromise with the insurer without the
prior written consent oI the Supplier.

31 orce Majeure 31.1 Notwithstanding the provisions oI GCC Clauses 22, 34 and 35,
the Supplier shall not be liable Ior IorIeiture oI its perIormance
security, liquidated damages, or termination Ior deIault iI and to
the extent that its delay in perIormance or other Iailure to
perIorm its obligations under the Contract is the result oI an
event oI Force Majeure.

31.2 For purposes oI this clause, 'Force Majeure means an event
beyond the control oI the Supplier and not involving the
Supplier`s Iault or negligence and not Ioreseeable. Such events
may include, but are not restricted to, acts oI the Purchaser in its
sovereign capacity, wars or revolutions, Iires, Iloods, epidemics,
quarantine restrictions, and Ireight embargoes.

31.3 II a Force Majeure situation arises, the Supplier shall promptly
notiIy the Purchaser in writing oI such condition and the cause
thereoI. Unless otherwise directed by the Purchaser in writing, the
Supplier shall continue to perIorm its obligations under the Contract
as Iar as is reasonably practical, and shall seek all reasonable
alternative means Ior perIormance not prevented by the Force
Majeure event.

G Contract Administration

32 Implementation
Schedule and
Project Plan
32.1 Unless otherwise speciIied in the SCC, the Contract
Implementation Schedule and the accompanying, detailed
Project Plan included in the Supplier`s tender, and any
amendments thereto shall conIorm to the Purchaser`s
requirements speciIied in the Supply Requirements. Any
modiIications to the Implementation Schedule shall be ratiIied
by a written amendment to the Contract. The parties will use the
Implementation Schedule to assess and manage the Supplier`s
perIormance under the Contract, including but not limited to the
assessment oI liquidated damages in accordance with GCC

149
Clause 22.

33 Change Orders 33.1 The Purchaser may at any time, by Notice given to the Supplier
pursuant to GCC Clause 5, make changes within the general
scope oI the Contract in any one or more oI the Iollowing:

(a) technical speciIications oI the Products

(b) the method oI shipment or packing

(c) the place and schedule Ior Installation and
Acceptance

(d) the Services to be provided by the Supplier

(e) the obligations oI either party under the Contract.

33.2 II any such change causes a change in the cost oI, or the time
required Ior the Supplier`s perIormance oI the Contract, an
equitable adjustment shall be made in the Contract Price or
Implementation Schedule, or both, and the Contract shall be
amended accordingly. Any claims by the Supplier Ior adjustment
under this clause must be asserted within thirty (30) days Irom
the date oI the Supplier`s receipt oI the Purchaser`s change
order.

33.3 The Supplier may at any time request a change to the same Contract
elements listed in Clause 33.1, by means oI written Notice to the
Purchaser stating the cause Ior the request and the adjustments to
Contract Price and Implementation Schedule that would result Irom
the change. Within 15 days oI receipt oI the Notice, the Purchaser
will make a determination as to whether to accept the change
request and amend the Contract accordingly, or to reject the change,
and shall promptly inIorm the Supplier.

34 Extensions of the
Implementation
Schedule
34.1 II at any time during perIormance oI the Contract, the Supplier
should encounter conditions impeding timely delivery or
Installation oI the Products or Services, the Supplier shall
promptly notiIy the Purchaser in writing oI the Iact oI the delay,
its likely duration and its cause(s).

34.2 As provided under GCC Clause 31, or in the event oI a delay in
the Implementation Schedule resulting Irom Iailure oI the
Purchaser to provide necessary resources or timely completion oI
prerequisite tasks Ior Installation clearly identiIied in the
Implementation Schedule or Project Plan as being the

150
Purchaser`s responsibility, or in the event oI a delayed
Installation that is a result oI a delay in customs clearance that is
not the Iault oI the Supplier, the Supplier shall be entitled to an
extension in the Implementation Schedule without the
assessment oI liquidated damages
34.3 As soon as practicable aIter receipt oI the Supplier`s notice oI a
delay, the Purchaser shall evaluate the situation and may extend
the Supplier`s time Ior perIormance, with or without liquidated
damages pursuant to GCC Clauses 22 and 34.2. Extensions to
the Implementation Schedule shall be ratiIied by the parties by a
written amendment to the Contract.

35 Termination for
Default
35.1 The Purchaser, without prejudice to any other remedy Ior
breach oI Contract, by written notice oI deIault sent to the
Supplier, may terminate this Contract in whole or in part:

(a) iI the Supplier Iails to deliver any or all oI the Products
within the period(s) speciIied in the Contract, or within any
extension thereoI granted by the Purchaser pursuant to
GCC Clause 34; or

(b) iI the Supplier Iails to perIorm any other obligation(s)
under the Contract.

(c) iI the Supplier, in the judgment oI the Purchaser, has
engaged in corrupt or Iraudulent practices in competing Ior
or in executing the Contract. For the purposes oI this
Clause:

'corrupt practice means the oIIering, giving, receiving or
soliciting oI any thing oI value to inIluence the action oI a
public oIIicial in the procurement process or in contract
execution.
'Iraudulent practice means a misrepresentation oI Iacts in
order to inIluence a procurement process or the execution
oI a contract to the detriment oI the Purchaser, and includes
collusive practices among Tenderers (prior to or aIter
tender submission) designed to establish tender prices at
artiIicial non-competitive levels and to deprive the
Purchaser oI the beneIits oI Iree and open competition.

36 Termination for
Convenience
36.1 The Purchaser, by written notice sent to the Supplier, may
terminate the Contract, in whole or in part, at any time Ior its
convenience. The notice oI termination shall speciIy that

151
termination is Ior the Purchaser`s convenience, the extent to
which perIormance oI the Supplier under the Contract is
terminated, and the date upon which such termination becomes
eIIective.

36.2 The Products or Services that are complete and ready Ior
shipment or delivery within thirty (30) days aIter the Supplier`s
receipt oI notice oI termination shall be accepted by the
Purchaser at the Contract terms and prices. For the remaining
Products and Services, the Purchaser may elect:

(a) to have any portion completed and delivered at the Contract
terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed
amount Ior partially completed Products and Services
and Ior materials and parts previously procured by the
Supplier.

36.3 The Purchaser shall pay to the Supplier the cost oI satisIying all
other obligations, commitments and claims that the Supplier
may in good Iaith have undertaken with third parties in
connection with the contract.

37 Termination for
Insolvency

37.1 The Purchaser may at any time terminate the Contract by giving
written notice to the Supplier iI the Supplier becomes bankrupt
or otherwise insolvent. In this event, termination will be without
compensation to the Supplier, provided that such termination
will not prejudice or aIIect any right oI action or remedy which
has accrued or will accrue thereaIter to the Purchaser.

3 Assignment 38.1 Neither the Purchaser nor the Supplier shall assign, in whole or in
part, their obligations under this Contract, except with prior
written consent oI the other party. Such consent shall not relieve
the Supplier Irom any oI its obligations, duties, or
responsibilities under the Contract.

Section IX. Special Conditions oI Contract
152

Section IX Special Conditions of Contract
The Iollowing Special Conditions oI Contract (SCC) shall supplement and / or amend the
General Conditions oI Contract (GCC). Whenever there is a conIlict, the provisions herein
shall prevail over those in the GCC. The Corresponding clause number oI the GCC is
indicated in the leIt hand column.

GCC 11(f) The Coverage Period is: 9am - 3pm, Monday through riday
GCC 11(p) For the purposes oI this contract, Maintenance reIers to mandatory
Service Level Agreement which is Iull warranty and maintenance. The
'maintenance period or 'warranty period shall be Ior a period oI three
(3) years. This'maintenance period or 'warranty period commences
aIter the operational acceptance oI the entire Project
GCC 11 (v) The Purchaser is: Social Security and National Insurance Trust
(SSNIT)
GCC 11 (s) The Purchaser`s Project Manager is: IT Manager, IT Communication
and Networks
GCC 11 (hh) The Warranty Period shall be as Iollows:
(a) 3 years Ior communications equipment, cabling, Iace plate;
and
(b) 3 years Ior all related services
GCC 31 (e) The Iollowing additional conditions must be met prior to the Start Date:
ormal commitment into signing SLA by signing the
SSNITdraft SLA
ormal submission and approval of Project Implementation
Plan
ormal Contract Signed
GCC 41
The Contract language shall be English.

153
GCC 51 For notices, the Purchaser`s address shall be:
Attention: The General Services Manager
Street Address: PENSION ROAD
Floor/ Room number: 2
nd
LOOR RM 210, SSNIT TOER BLOCK
City: ACCRA
Region: GREATER ACCRA
Country: GHANA
Telephone: 0302667745
Facsimile number: 0302669604
Electronic mail address: NOT APPLICABLE
GCC 51 For notices, the Supplier`s address shall be:
Attention:
Street Address:
Floor/ Room number:
City:
Region:
Country:
Telephone:
Facsimile number:
Electronic mail address:
GCC 6 The Contract shall be governed by the laws oI Ghana
GCC 72(b) The Iormal mechanism Ior the resolution oI disputes shall be as Iollows:
(a). For contracts entere/ into with suppliers from Chana
In the case oI a dispute between the Purchaser and a Supplier Irom Ghana,
the dispute shall be reIerred to adjudication or arbitration in accordance
with the Alternative Dispute Resolution Act, 2010 (Act 798) oI Ghana.

154
GCC 2
The Supplementary Agreements shall also include provisions
substantially equivalent to the Iollowing:
The Service Level Agreement (SLA) shall constitute the
supplementary Agreements with respect to the Communication
equipment and service maintenance The SLA shall have its own
provisions and shall be read as a full contract on its own but in
relation to this tender The SLA is mandatory under the contract and
it is for a period of three (3) years
GCC 113
Any transportation costs required aIter the delivery to the designated
Project Sites will be the responsibility oI the Purchaser.
GCC 12
Acceptance test procedures and success criteria are speciIied in the
Technical SpeciIications and the Project Plan. Acceptance test support
Services required Irom the Supplier is speciIied in GCC Clause 15.

The procedures Ior responding to and correcting any reported Acceptance
Testing Iailures are as Iollows: Refer to the Technical Specifications in
addition to GCC 12 and GCC 15
GCC 131
The Supplier`s obligations shall include the Iollowing additional
requirements: No Changes to the GCC
GCC 141
The Purchaser`s obligations shall include the Iollowing additional
requirements: No Changes to the GCC
GCC 151
The Iollowing additional Project Implementation Services shall be
provided by the Supplier:
Implement a Change Management plan as part of the project
execution
GCC 16
The Iollowing additional or modiIied SoItware Maintenance and
Technical Support Services shall be provided by the Supplier:
No Changes to the GCC
GCC 17
The Iollowing additional or modiIied Hardware and Maintenance and
Operational Support Services shall be provided by the Supplier:
ull 3years Service Level Agreement (SLA) and arranty
GCC 12 There is no applicable price adjustment Iormula.
GCC 13(a)
The contract oI carriage Ior CIP Products shall include payment by the
Supplier oI the cost oI any customs Iormalities, duties, taxes or other
charges payable on the Products Ior or during their transit through any
country other than Ghana, and shall include the cost oI customs
Iormalities, duties, taxes or other charges payable on the Products upon
import into Ghana.
GCC 13(b)
No changes to Contract provisions Ior Products supplied Irom within
Ghana.

155
GCC 191
The method and conditions oI payment to be made to the Supplier under
this Contract shall be as Iollows:
O Advance Payment: Forty (40) percent oI the Contract Price, exclusive
oI any Maintenance Costs and contingency amount, shall be paid
within thirty (30) days oI signing oI the Contract, and upon
submission oI claim and a bank guarantee Irom a bank with
representative in Ghana Ior equivalent amount valid until the Products
are delivered and in the Iorm provided in the tendering documents or
another Iorm acceptable to the Purchaser.

O Payment for Products and Services shall be made in the currency
speciIied Ior the Product in the applicable Price Schedule in the
Iollowing manner:
(i) inal Payment: The remaining sixty (60) percent oI the Contract
Price exclusive oI any Maintenance Costs shall be paid within
thirty (30) days upon submission oI claim supported by the
Acceptance certiIicate issued by the Purchaser.
O arranty (SLA) Services from the Maintenance Costs Schedule
shall be paid one hundred (100) percent, yearly in arrears upon
submission oI claim and Purchaser`s approval thereoI.
GCC 213
The PerIormance Security shall be Ior an amount equal to ten (10) percent
oI the Contract Price in the tender currency. The perIormance
securityshall remain in Iorce until one year aIter the operational
acceptance oI the Final Project.

GCC 215
The perIormance security shall be reduced to an amount equal to eight (8)
percent oI the Contract Price in the tender currency to cover the Iull
warranty including SLA. This perIormance security shall remain in Iorce
Ior the warranty period which is 3years Irom the operational acceptance oI
the Project.
GCC 22
Liquidated damages Ior late Implementation shall be assessed at
0.3percent per week. The maximum liquidated damages are ten
(10)percentage oI the Contract Price.
GCC 243
Renewable SoItware Licenses provided under the Contract are subject to
the Iollowing additional provisions: The supplier shall ensure that all
update and upgrade are done throughout the SLA period.
GCC 244
SoItware Licenses provided under the Contract are subject to the
Iollowing additional provisions:

All copies of products to be installed, including the supply shall be
registered solely for SSNIT use according to the existing copyright
laws in the purchaser`s country


156
GCC 244 (k)
The Iollowing SoItware shall be subject to license audits as speciIied
below: The Audit provisions shall be agreed on during the project
implementation

GCC 245
The Iollowing restrictions shall apply to User-Based Licenses Ior the
particular personal computer SoItware indicated below: No Changes to
the GCC

GCC 251
For the purposes oI the conIidentiality agreement between the Parties the
Iollowing special documents are identiIied as being oI a conIidential
nature:
By the Purchaser: SSNIT Network Layout Diagrams

By the Supplier: Supplier`sProject Plan except to SSNIT Staff

GCC 266
Exceptions, limitations or additional perIormance standards Ior the
Documented Warranty Ior SoItware are as Iollows: The supplier shall
warrant that the Communication Infrastructure shall operate in
accordance with the minimum requirements in the tender documents,
the design presented by the supplier and other requirements that
shall be agreed with the tenderer and other associated related
documents
GCC 267
The Supplier shall eIIect Warranty repair or replacement within the
Iollowing time periods and under the Iollowing procedures: The time
periods as well as the procedures as outlined inthe Service Level
Agreement (SLA)

GCC 301
No modiIications to GCC provisions regarding Insurance.
GCC 301(d)
No additional insurance is required

No modiIications to GCC Implementation Schedule provisions.

Section X. Contract Forms
157

Section X Contract orms

Table of orms

Instructions Ior the Contract Forms ................................................................................... 146
Contract Form ................................................................................................................... 147
PerIormance Security ........................................................................................................ 148
Bank Guarantee Ior Advance Payment .............................................................................. 149

158

INSTRUCTIONS OR THE CONTRACT ORMS
1. The Purchaser or the successIul Tenderer, as appropriate, shall Iill in and complete the
Contract Forms in accordance with these instructions, the Instructions to Tenderers and
the Contract. Tenderers shall not submit these Iorms with their tenders.
2. The Contract orm shall be completed by the Purchaser and then sent to the successIul
Tenderer Ior signature. Instructions on how to complete this Iorm are included in the
User`s Guide.
3. The successIul Tenderer shall Iill in and complete the Performance Security Iorm in
accordance with ITT Clause 46 and the annotated version oI the Iorm provided in the
User`s Guide. Tenderers shall not submit this Iorm with their tenders.
4. The successIul Tenderer shall Iill in and complete the Bank Guarantee for Advance
Payment Iorm in accordance with GCC Clause 21.1 and the annotated version oI the
Iorm provided in the User`s Guide. Tenderers shall not submit this Iorm with their
tenders.
5. SpeciIy currencies in accordance with ITT Clause 14 using ISO (standard 4217)
currency codes.
6 Specify countries using official ISO (standard 3166) country codes


159
CONTRACT ORM

THIS AGREEMENT made the day oI , 20,
between oI
(hereinaIter 'the Purchaser), oI the one part, and
oI (hereinaIter 'the Supplier), oI the other part:
WHEREAS the Purchaser invited tenders Ior certain Products and Related Services, viz.,
and has
accepted a Tender by the Supplier Ior the supply oI those Products and Related Services in
the sum oI (hereinaIter
'the Contract Price).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract reIerred to.
2. The Iollowing documents shall be deemed to Iorm and be read and construed as part
oI this Agreement, viz.:
(a) this Contract Form;
(b) the Special Conditions oI Contract;
(c) the General Conditions oI Contract;
(d) the Schedule oI Supply;
(e) the Technical SpeciIications;
(I) the Tender and the Price Schedules submitted by the Supplier;
(g) the Purchaser`s NotiIication to the Supplier oI award oI Contract; and
(h) *.

3. In consideration oI the payments to be made by the Purchaser to the Supplier as
indicated in this Agreement, the Supplier hereby covenants with the Purchaser to provide the
Products and Related Services and to remedy deIects therein in conIormity in all respects
with the provisions oI the Contract.
4. The Purchaser hereby covenants to pay the Supplier in consideration oI the provision
oI the Products and Related Services and the remedying oI deIects therein, the Contract Price
or such other sum as may become payable under the provisions oI the Contract at the times
and in the manner prescribed by the Contract.
IN WITNESS whereoI the parties hereto have caused this Agreement to be executed in
accordance with the laws oI Ghana on the day, month and year indicated above.
Signed by (Ior the Purchaser)

Signed by (Ior the Supplier)


160
PERORMANCE SECURITY

Date:

ICT No.:

Tender & Lot Nos.:

To:

WHEREAS (hereinaIter 'the Supplier) has
undertaken, pursuant to Contract No. dated , to
supply (hereinaIter 'the Contract).

AND WHEREAS it has been stipulated by you in the aIorementioned Contract that the
Supplier shall Iurnish you with a security issued by a reputable
guarantor Ior the sum speciIied therein as security Ior compliance with the Supplier`s
perIormance obligations in accordance with the Contract.

AND WHEREAS the undersigned
, legally domiciled in
, (hereinaIter 'the Guarantor), have
agreed to give the Supplier a security:

THEREFORE WE hereby aIIirm that we are Guarantors and responsible to you, on behalI oI
the Supplier, up to a total oI and we
undertake to pay you, upon your Iirst written demand declaring the Supplier to be in deIault
under the Contract, without cavil or argument, any sum or sums within the limits oI
as aIoresaid, without your needing to prove or to show grounds
or reasons Ior your demand or the sum speciIied therein.

This guarantee is valid until the day oI , .

Signed in the capacity oI

Name

Duly authorized to sign the authorization Ior and on behalI oI

Dated on day oI , .


161
Bank Guarantee for Advance Payment

Date:

ICT No.:

Tender & Lot Nos.:

To:

In accordance with the payment provision included in the Contract, relation to advance
payment, (hereinaIter called 'the Supplier) shall deposit with
the Purchaser a bank guarantee to guarantee its proper and IaithIul perIormance under the
said Clause oI the Contract in the amount oI .

We, the undersigned , as instructed by the Supplier, agree
unconditionally and irrevocably to guarantee as primary obligator and not as surety merely,
the payment to the Purchaser on its Iirst demand without whatsoever right oI objection on our
part and without its Iirst claim to the Supplier, in the amount not exceeding
.

This guarantee shall remain valid and in Iull eIIect Irom the date oI the advance payment
received by the Supplier under the Contract until , .


Signed

Duly authorized to sign Ior and on behalI oI

Dated on day oI ,
DraIt Service Level Agreement

162

DRAT SERVICE LEVEL AGREEMENT

163
ARRANTY AND SERVICE LEVEL AGREEMENT

THIS ARRANTY AND SERVICE LEVELAGREEMENT is made this ..... day oI
.............., 2012.

BETEEN

SOCIAL SECURITY AND NATIONAL INSURANCE TRUST (hereinaIter reIerred to
as 'SSNIT) having its registered oIIice at Pension House, Pension Road, Accra oI P.O. Box
MB. 149, Ministries, Accra.

AND

with Company registration Number (hereinaIter reIerred to as the 'Services
Provider) having its registered oIIice at Address oI supplier 62, ....

10 Preliminary

1.1 SSNIT has adopted the strategic direction oI providing superior customer
support in respect oI computer related equipment and services that SSNIT
acquires.

1.2 It is SSNIT`s policy that all suppliers oI computer related equipment and
services to SSNIT shall provide warranty to cover parts, personnel, expertise
and transportation Ior all equipment supplied and services providered.

1.3 SSNIT wants to accomplish its said strategic direction and policy by
partnering the Services Provider herein to improve productivity oI system
users, operators and managers and to increase the availability oI its Hardware
and System SoItware support (hereinaIter call the 'System).

1.4 The Services Provider has agreed with SSNIT to supply the computer related
equipment and services detailed in attached Schedule One (the 'Equipment
and Service) and hereby provides warranty as regards the eIIectiveness oI the
Equipment and Service.

1.5 The Services Provider shall also ensure successIul delivery oI the Equipment
or Service to SSNIT and to ensure the highest level oI satisIaction through the
System support services to be provided by the Services Provider to SSNIT.

20 Scope of arranty and System Support Services

In consideration oI the SLA Fees to be paid by SSNIT to the Services Provider, the
Warranty and System Support Services to be provided by the Services Provider to
SSNIT shall cover and shall include the Iollowing:

164

2.1 Quality And Specifications of Equipment and Infrastructure

The Services Provider warrants that the Equipment and InIrastructure
supplied/ to be supplied to SSNIT shall be oI good quality and Iit Ior the
purpose Ior which the Equipment, Service and InIrastructure is supplied.

The Equipment and inIrastructure shall be oI the right speciIications as agreed
upon with SSNIT.

2.2 Personnel/orkmanship

The Services Provider warrants that it shall employ and use competent and
qualiIied skilled personnel/workmanship in its work who shall undertake all
assignments in a proper proIessional manner.

2.3 Transportation And Lodging

The Services Provider warrants that it shall bear all transportation and lodging
costs in connection with the provision oI the System Support Services at no
cost to SSNIT.

2.4 Preventive Maintenance

The Services Provider shall undertake Preventive Maintenance oI the
Equipment,Service and the InIrastructure. Preventive Maintenance (PM) shall
be the care and servicing by the Services Provider Ior the maintenance oI the
Equipment and System in optimum operating condition. The Service Provider
shall undertake systematic inspection, detection and correction oI incipient
Iailures either beIore they occur or beIore they develop into major deIects
based on an elaborated maintenance timetable perIormed at deIined intervals:

requency of Visits to SSNIT Sites To Undertake Preventive
Maintenance
(i) 1
st
Service shall be, at the end oI 6 months Irom date oI
supply oI the Equipment.
(ii) Subsequent Services to be undertaken every six (6) months
thereaIter.

PM shall comprise regular pro-active maintenance activities in order to
minimise or to avoid a Iault or decline in the network perIormance.

The purpose oI Preventive Maintenance is to identiIy problems that can lead
to Iaults due to:
ManuIacturing
Installation

165
General care
End oI liIe cycle
To minimise network downtimes or Iaults, which may result in network
service downtime
To minimise emergency situations in case oI Iaults, which in general are
associated with much higher downtimes than during preventive
maintenance activities.

2.5 Corrective Maintenance

The Services Provider shall undertake Corrective Maintenance oI the
Equipment and the System. Corrective Maintenance shall be implemented
any time a Iault relating to the supplied Equipment and System is observed. It
could be an alarm that doesn`t cause any traIIic interruption or an alarm that
cause traIIic. SSNIT shall send a call (as deIined under Clause 4.3) to the
Services Provider Ior a Corrective Maintenance to be eIIected. The Services
Provider shall thereaIter respond promptly to the request as required under
Sub-Clause 2.10.

The Iunction oI Corrective Maintenance is to recover all Iunctionalities oI the
Equipment, Service and the System in the event oI a Iailure that may lead to a
partial or total breakdown oI the Equipment and the System.

2.6 Replacement of orn Out/Unserviceable/Defective Parts of Equipment
and the System

In consideration oI the SLA Fees to be paid by SSNIT to the Services
Provider herein, the Services Provider shall undertake the replacement oI
worn out/unserviceable/deIective cables, Equipment and parts oI the
Equipment and the System throughout the Warranty Period at all SSNIT
branches and oIIices at no Iurther cost to SSNIT save Ior the SLA Fees as
paid by SSNIT but subject to Sub Clauses (4.9, 4.10 and 4.11).

SSNIT shall send a call (as deIined under Clause 4.3) to the Services Provider
whenever a Iault is observed or the Equipment or System supplied by the
Service Provider is down. The Services Provider shall thereaIter respond
promptly to the request as required under Sub-Clause 2.10.

The Service Provider shall supply to SSNIT 10 oI the total number oI all
Cat6 cable (0.5m, 1 m and 3 m) supply at each site during project setup at end
oI each year oI the SLA.


166
2.7 Customer Satisfaction Surveys

The Services Provider shall assist SSNIT in conducting customer satisIaction
surveys on regular basis. As such, customer satisIaction surveys should be
prepared and distributed by the Services Provider on a regular basis to assess
overall satisIaction with and eIIectiveness oI the managed services provided
by the Services Provider.

2.8 Service Levels and Measurements

The Service Level Agreement delineates all oI the measured service items --
with service level targets set by SSNIT. Any changes to measured service
items or service level targets must be mutually agreed upon and approved by
both parties. The Iollowing service items are part oI the Service Level
Agreement between SSNIT and the Service Provider:-
O System Availability
O System Support Problem Response Time
AIter the SLA has been in Iorce Ior a period oI twelve (12) months, SSNIT
shall send Notice to the Services Provider Ior a review oI the service levels Ior
the preceding year. Both SSNIT and the Services Provider shall then meet on
date(s) to be stated in the Notice Ior a review oI the service levels and to
determine iI it is necessary to improve targets or adjust targets downwards
based on prevailing business conditions. During this process, any targets that
have consistently not been met will be analyzed and evaluated so that
perIormance can be improved going Iorward.

In the event that the Parties are not able to agree on new targets, then the
targets as previously agreed upon by the Parties, shall remain in Iorce.

SSNIT shall levy penalty according to the Service Level Agreement indicated
under Clause 2.8.1.

Actual attained service levels shall be measured and reported on a monthly
basis. II any service targets are missed, the Services Provider shall perIorm an
investigation to determine the root cause and what corrective action, iI any, is
necessary.

Service Level Reports that compare actual to target service levels on a
monthly average shall be provided by the Services Provider to SSNIT on a
monthly basis at the end oI each month. Variances shall be included in the
report, and any remedial actions required to bring a service up to the expected
level will be documented. Service level perIormance shall be reviewed on a
monthly basis as part oI the regular SSNIT/Services Provider Service
Management meetings.

Service Level Reporting shall commence with SSNIT`s acceptance oI the
System.

167

2.8.1 System Availability

Objective The Service Provider shall provide the necessary parts, expertise, labour,
transportation and operational procedures to ensure that all Systems and Service
under this agreement are generally available on a 24x7 basis except Ior planned
and/or excused downtime and downtime caused by network issues outside oI
'Service Provider` control (i.e., Irom the point oI demarcation).
Measurement
()
Per system, the system availability Ior each period is calculated as Iollows:
A Actual System Uptime
B Non-Controllable Network Downtime
C Scheduled System Uptime Ior the Period
(A+B)X100
C
Measurement
Period
One month aIter the initial 'go live date.
Target Service
Level
Service Provider shall ensure that the Systems will be available Ior use to SSNIT
100 oI scheduled uptime.
Punitive Action
for Not Meeting
Service Level

Item Amount

OR ALL SITES

Switches Twenty Ghana Cedis (GH20) a day aIter grace period
elapsed.
Cat 6 UTP Cable Five Ghana Cedis (GH5) a day aIter grace period elapsed
Trunking
Material
Five Ghana Cedis (GH5) a day aIter grace period elapsed
Data Points Five Ghana Cedis (GH5) a day aIter grace period elapsed
iber Uplink
Cable
Ten Ghana Cedis (GH10) a day aIter grace period elapsed
Cabinet Ten Ghana Cedis (GH10) a day aIter grace period elapsed.
AVR FiIty Ghana Cedis (GH50) a day aIter grace period elapsed
UPS FiIty Ghana Cedis (GH50) a day aIter grace period elapsed
Power Socket Ten Ghana Cedis (GH10) a day aIter grace period elapsed
Power Cable Five Ghana Cedis (GH5) a day aIter grace period elapsed
TPN Board Ten Ghana Cedis (GH10) a day aIter grace period elapsed
MCB Ten Ghana Cedis (GH10) a day aIter grace period elapsed
By Pass Switch Ten Ghana Cedis (GH10) a day aIter grace period elapsed


168

2.9 System Support
The Services Provider shall provide System Support to SSNIT with the
Iollowing key beneIits and Ieatures:
O Onsite system support
O Problem escalation management
O System updates, media and documentation
O Monthly Status Report
O Quarterly SLA perIormance Reviews
O Yearly SLA Reviews
2.10 Service Levels Coverage
This WARRANTY AND SERVICE LEVEL AGREEMENT is intended to
provide high-quality hardware and system soItware support as well as
Warranty Ior the eIIectiveness oI Equipment supplied by the Services
Provider that enables SSNIT to increase productivity and uptime in its
computing environment. Ongoing success with computer systems requires up-
to-date inIormation about system and soItware. It is SSNIT`s expectation that
the System response time and coverage periods are tailored to meet SSNIT
service needs.
The Services Provider`s engineers and personnel shall work with SSNIT`s
Systems Managers and engineers to resolve problems with regard to the
supplied Equipment and Service as detailed in the table below.

Site Response Times
Systems at Assin
Fosu Department
Service Response Same Day
24x7 Phone-In Assistance
Assistance Monday Friday, 6 am 5 pm
Resolution within 24 hours aIter trouble is registered with
Service Provider.
Systems at Axim
Service Provider.

Systems at Bekwai
Service Response within two days
Service Provider.

169
Systems at Dunkwa
Service Response within three days
Service Provider.
Systems at Goaso
Branch
Service Provider.
Systems at Ho
Service Provider.
Systems at Swedru
Branch
Service Provider.
Systems at Tarkwa
Service Provider.
Systems at Tema
Harbour Branch
Service Provider.
Systems at Breman
Assikuma
Service Provider.


170

THE WARRANTY SUPPLIER RESPONSE:
The phone numbers are:
4 Business Hours:
4 AIter Hours:
Assigned Support Team
The Services Provider shall assign a team to act as SSNIT`s primary support
contacts.
Monthly report
To assist SSNIT to monitor and track perIormance oI its business support, the
Services Provider shall provide SSNIT with a Status Report on a monthly
basis. The report will be due to SSNIT by the 15
th
day oI each ensuing month
and delivered to the SSNIT Communication and Network Manager.
The Status Report shall contain:
System MTTR and Response Time
Number oI open calls by subject Ior period
Number oI closed calls by subject Ior period
Average time oI open calls by subject
Percentage oI calls resolved by phone

Ior the month oI issuance and historic.
TT# ean Time To #epair

Quarterly Service Level Performance Review
SSNIT shall send Notice to the Services Provider at the end oI each Quarter
Period Ior a Quarterly Services Level PerIormance Review meeting.
Quarterly Service Level PerIormance Review meetings between SSNIT and
the Services Provider shall be organized on dates to be speciIied in the Notice
to undertake the Iollowing:
Review the previous quarter`s service level results
Review the status oI outstanding open calls
Discuss possible improvements to the service level targets
Discuss any topics related to the support oI the SSNIT systems, provided
that they have been inIormed oI the venue oI the meeting.
Yearly Service Level Agreement Review
AIter the SLA has been in Iorce Ior a period oI twelve (12) months Irom the
Commencement Date i.e .............., SSNIT shall
send Notice to the Services Provider Ior a review oI the SLA.

171

The Warranty and SLA document shall then be reviewed by both SSNIT and
the Services Provider on dates to be speciIied in the Notice. The review shall
cover the Iollowing:
Systems Support Deliverables Reactive
Call Logging
Onsite Hardware Support
The Services Provider shall visit SSNIT site and provide all
labour, parts, and materials necessary to maintain the System.
Parts Strategy
The Services Provider is wholly responsible Ior this activity.
30 Escalation Management
The parties shall establish Iormal escalation procedures to solve very complex
hardware and soItware problems.
The parties shall agree on coordination oI problem escalation, however, it is the
responsibility oI the Service Provider to rapidly enlist the skills oI key problem-solving
experts to meet SSNIT business needs.

Triggers Ior escalation include:

2nd major resolution attempt Iailed

No workaround or alternative solution Iound

Repeat problems, multiple related Iailures or system instability

Data loss or data corruption

Engineer could not obtain needed resources
Remote Support
unction Responsibilities
Account Assigned Resources
Supplier
Customer
Engineer
O Focal point Ior systems activities
O Works closely with the assigned delivery team members
O Responsible Ior engineering improvements (Service Notes)
strategy and implementation
O Provides hardware conIiguration documentation Ior account
support plan
O Manages all hardware installs, moves, adds, changes
O Ensures all appropriate diagnostics are available on all
systems supplied by the service provider.

172
O Attends quarterly support review meetings
Supplier`s Account
Manager
Management Resources
O Manages the delivery team
O Assures quality oI delivery Irom staII
O Approves changes to scope oI soItware support
O Approves soItware support deliverables
O Approves changes to scope oI hardware support
O Approves hardware support deliverables
O Manages the Supplier Engineering staII
O Assures quality oI delivery Irom Supplier Engineering staII

40 SSNIT Responsibilities
In order to allow the Services Provider to deliver the selected level oI service, SSNIT
shall be responsible Ior the Iollowing in addition to other responsibilities indicated in
attached Schedule Two:

4.1 Single Point of Contact
SSNIT is responsible Ior designating a Manager (and backup) within SSNIT`s
MIS Division to act as the primary contact Ior Service Provider Systems
Support activities. This Manager shall be responsible Ior coordinating the
delivery oI all Services with the Service Provider representatives. This contact
will be available to meet with the Services Provider support team in person or
via telephone on a regular basis.

4.2 Communication of Changes to Environment
SSNIT will maintain a robust change management program that includes a
communication path to Service Provider support team Ior pending hardware
or soItware changes aIIecting SSNIT`s IT environment.

4.3 Authorized Callers
SSNIT will identiIy a minimum oI 2, up to 4, authorized Response Center
callers to place calls to the service provider.
4.4 Minimum Training for Authorized Callers
SSNIT will provide all authorized callers with the minimum Service
Provider`s training or skills as deIined, documented, and mutually agreed
upon by SSNIT and the Services Provider.


173
4.5 Defined Escalation Process
SSNIT will establish an internal communication plan Ior critical problems to
ensure rapid resolution and clear communication on a peer-to-peer basis
between service provider and SSNIT.

4.6 Technical Staff Access
SSNIT will provide the Service Provider`s technical staII access to the SSNIT
building Iacilities, as needed, during normal business hours as well as aIter
hours, iI necessary.
A representative oI SSNIT will be permanently present during onsite
interventions.

4.7 NOTIICATION
SSNIT will notiIy the service provider oI changes to their authorized list oI
Response Center callers.

4.8 Data
SSNIT is responsible for backup and recovery of all data and software
Not Applicable

4.9 The Purchasershall ensure that each network switches are protected by a
Iunctioning UPS.
4.10 SSNIT shall deploy the Network equipments in Air-Conditioned rooms to
prevent excessive build-up oI dust and eventual damage to equipment.
4.11 In the event that SSNIT does not adhere to the provisions oI Sub-clauses 4.9 and
4.10 above, SSNIT cannot hold the Warranty Supplier responsible Ior damages.
The Computer equipment must be used under normal business equipment
conditions (Sub-clauses 4.9 and 4.10) otherwise the warranty will not apply.
The Warranty also does not cover intentional or accidental damages to the
Computer Equipment.
However the Services Provider shall be under obligation to perIorm the Services
herein so long as the Client has satisIied conditions under Sub Clauses 4.9 and
4.10 above.
4.12 Services Provider Shall NotiIy SSNIT oI current upgrades in the Internetwork
Operating System (IOS) oI any equipment supplied to SSNIT under the SLA,
whenever the IOS oI such equipment are upgraded by the manuIactories.


174
50 arranty Period
Notwithstanding the date above written or executed, this Warranty and Service Level
Agreement shall be in Iorce Ior a period oI One (1) year commencing
............... to during which
period the Services Provider shall provide the System Services to SSNIT at no cost to
SSNIT other than the SLA Fees paid by SSNIT and any worn
out/unserviceable/deIective Equipment or part oI the Equipment and the System shall
be replaced by the Services Provider at no cost to SSNIT other than the SLA Fees as
paid by SSNIT.

60 ees

SSNIT shall pay the Services Provider Ior the Services such Fees (SLA Fees) as
Iollows:

i. Warranty oI equipment, inIrastructure and workmanship
ii. Transportation and lodging
iii. Preventive maintenance
iv. Corrective maintenance
v. Replacement oI Worn out/unserviceable/deIective parts
vi. Monthly cost Ior provision oI mail and internet service

The SLA Fees shall not be paid upIront but at the end oI every month or aIter the
Services have been provided. The Services Provider shall submit to SSNIT its
invoice in accordance with the above stated SLA Fees payment arrangement which
shall be vetted by the oIIice oI the General Manager/MIS/SSNIT beIore payment is
made.

SSNIT shall be obliged to deduct any amount due SSNIT Ior non-perIormance on the
part oI the Services Provider out oI the SLA Fees. This is to ensure that the Services
Provider IulIils its obligations.

70 Representations and arranties

Each Party represents and warrants to the other Party as Iollows:

7.1 It is duly created or incorporated under the laws oI Ghana and has
the corporate power and authority to accept the terms oI this
Agreement and to perIorm its obligations under it;

7.2 Its entry into this Agreement has been duly and validly authorised
and all requisite corporate action has been taken in order to make

175
such entry valid and binding upon it in accordance with the terms oI
this Agreement;

7.3 It enters into this Agreement as a commercial and not as a
governmental act;

7.4 Its entry into this Agreement will not;

7.4.1 Breach or conIlict with any provision oI statutes, certiIicate oI
incorporation or articles oI association or equivalent.

7.4.2 Violate any order, judgement or decree oI any court or governmental
agency to which it is a party or by which it, or any oI its properties or
assets, is bound.

The above representations and warranties shall continue in Iull Iorce and eIIect
notwithstanding the termination oI this Agreement.

0 Liability and Indemnity

8.1 The Parties shall keep each other indemniIied and held harmless
Irom and against all actions, proceedings, cost, expenses, loss and
damage whatsoever arising out oI or in connection with each
party`s legitimate perIormance oI its obligations and that oI its
employees, agents and duly authorised representatives under this
Agreement.

8.2 In sub-clause 6.1 the expression 'cost, expenses, loss and
damage shall be given the widest interpretation lawIully possible
and shall include the cost oI complying with any direction,
regulation, requirement or request made by or under or by virtue oI
any legislation.

90 urther Assurance

The Client shall ensure that no unauthorised person interIeres with the Equipment and
the System and in the case oI such proven interIerence, the Client shall pay the cost oI
repairs oI both materials and labour as a result oI damage to the Equipment and the
System due to such interIerence.

100 orce Majeure

10.1 For the purpose oI this Agreement, 'Force Majeure means any
circumstances beyond the reasonable control oI the Party aIIected by it
(including, without limitation, any strike, lock-out or other Iorm oI industrial
action) and the Iollowing;

176

10.1.1 acts oI God, explosion, Ilood, lightning, tempest, Iire or accident;

10.1.2 war, hostilities (whether war has been declared or not), invasion, act oI
Ioreign enemies;

10.1.3 rebellion, revolution, insurrection, military or usurped power or civil
war;

10.1.4 riot, civil commotion or disorder;

10.1.5 acts, restrictions, regulations by laws, reIusals to grant any licences or
permissions, prohibitions or measures oI any kind on the part oI any
government authority;

10.1.6 import or export regulations or embargoes;

10.2 In the event that any party to this Agreement is or will be prevented
Irom perIorming any oI its obligations under this Agreement by
Force Majerue, then the party concerned shall give notice to the
other party oI the event or circumstances constituting the Force
Majeure and shall speciIy the obligations, the perIormance oI which
are or will be prevented. The party giving notice shall be excused
Irom the perIormance oI such obligations Ior so long as such Force
Majeure continues.

10.3 Each party to the Agreement shall at all times use all reasonable
endeavours to minimise any delay in the perIormance oI its
obligations under the Agreement as a result oI Force Majeure.
Notwithstanding any other provision oI this Clause, Force Majeure
shall not apply to obligations oI either party to the Agreement to
make payments to the other party under the Agreement where such
obligations to make payments have arisen prior to termination Ior
Force Majeure.

10.4Notwithstanding any other provision oI this clause, iI any event or
circumstance outside the control oI the parties to the Agreement
(including, but not limited to, Force Majeure) arises which makes it
impossible or unlawIul Ior either or both oI the parties to IulIill its or
their contractual obligations or which, under the law governing the
Agreement, entitles the parties to be released Irom Iurther
perIormance oI their obligations under the Agreement, then upon
notice by either oI the parties to the other party oI such event or
circumstance, the parties shall be discharged Irom Iurther
perIormance, without prejudice to the rights oI either party in
respect oI any previous breach oI the Agreement.


177
10.5 The termination oI this Agreement, whether in whole or in part and
Ior whatever reason, shall not prejudice any rights, duties or
obligations oI either party to this Agreement which are expressed
as or are intended to be continuing aIter such termination or which
remain to be perIormed or discharged (as the case may be) aIter
termination.

110 Termination

Either party may terminate this Agreement Iorthwith by sending a written notice to
the other Party iI:

11.1 that other commits a breach oI its obligations under this Agreement
and in the case oI breach capable oI remedy such a breach is not
remedied within Iourteen (14) days oI that other party being
speciIically required to do so;

11.2 an order is made by the Court Ior the winding-up oI that other party
or a resolution is passed by the Shareholders oI that other party Ior
its winding-up (except Ior the purposes oI amalgamation or
reconstruction) in such manner that the resulting company is bound
by and assumes the obligations imposed on that other Party by this
Agreement.

11.3that other ceases to pay its debts or becomes unable to pay its debts
within the meaning oI any Insolvency law in Iorce in Ghana.

11.4that other disposes oI the whole or any substantial part oI its
undertaking or assets or;

11.5that other ceases or threatens to cease to carry on all or any substantial part oI its
business.

11.6that other Iails to perIorm its obligations under this Agreement and in the case oI
the Services Provider Iails to perIorm the Services to the satisIaction oI the
Client.

For the purpose oI sub-clause 11.1 a breach shall be considered capable oI remedy iI
the Party in breach can comply with the provision in question in all respects to the
reasonable satisIaction oI the other party.

120 Effect of Termination

12.1Any termination oI this Agreement (however caused) shall be
without prejudice to any rights or liabilities oI the Parties which have
accrued on or beIore the date oI termination.


178
12.2Upon termination oI this Agreement (Ior any reason) each Party shall Iorthwith
return the originals and any copies oI all documents and materials provided to
it by the other Party and certiIy in writing to the other Party that it has
complied with the terms oI this clause;

12.3Where the SLA is terminated by the Services Provider prior to the end oI the
SLA then, without prejudice to the rights and remedies available to SSNIT at
law arising Irom the Iact oI termination by the Services Provider, SSNIT shall
also be entitled to claim the Iollowing Irom the Services Provider.

12.3.1 The diIIerence in amount between the Fees being paid to the
deIaulting Services Provider and the agreed new Fees to be paid to the
new Services Provider to be selected by SSNIT under the Public
Procurement Act (Act to undertake remaining duties under a new
Service Level Agreement to be executed by SSNIT.

130 Ancillary Provisions

13.1 aiver

Time is oI the essence oI this Agreement but no delay or Iailure by either
Party to exercise any oI its powers, rights or remedies under this Agreement
shall operate as a waiver oI them, nor shall any single or partial exercise oI
any such powers, rights or remedies preclude any other or Iurther exercise oI
them. The remedies provided in this Agreement are cumulative and not
exclusive oI any remedies provided by law.

13.2 Assignment

Neither Party shall assign, encumber, dispose oI or otherwise transIer any oI
its rights under this Agreement without the prior written consent oI the other
Party which consent shall not be unreasonably withheld.

13.3 Sub-Contracting

Neither Party shall employ sub-agents or otherwise delegate to any third party
the perIormance oI any oI its obligations under this Agreement without the
prior written consent oI the other Party which consent shall not be
unreasonably withheld. II such consent is given, every act or omission oI
such sub-agent or third party shall Ior the purpose oI this Agreement be
deemed to be the act or omission oI the Party concerned.

13.4 Severability

II any part oI this Agreement is Iound by any court or other competent
authority to be invalid, unlawIul or unenIorceable then such part shall be
severed Irom the remainder oI this Agreement which shall continue to be valid
and enIorceable to the Iullest extent permitted by law.

179

13.5Confidentiality

Each Party to this Agreement shall keep conIidential any inIormation about
the content oI this Agreement and the business aIIairs oI the other Party which
may come within its knowledge during the liIe oI this Agreement, provided
that the above restriction shall not apply to disclosures required by Law.

13.6 Notices

Any notice required or permitted under the terms oI this Agreement or
required by statute, law or regulation shall (unless otherwise provided by this
Agreement or the statute, law or regulation concerned) be in writing and shall
be suIIiciently given iI Iorwarded by hand or registered mail or sent by e-mail
to the Parties at their respective addresses as speciIied in this Agreement or to
such other address as may Irom time to time be designated in writing by either
Party.

140 Arbitration

Without prejudice to Clause 11.0, SSNIT and the Services Provider shall make every
eIIort to resolve amicably by direct inIormal negotiation, any disagreement or dispute
arising between them in connection with this Agreement.

Failing to do so within one (1) month Irom commencement oI such inIormal
negotiations then, any dispute arising out oI or in connection with this Agreement,
including any question regarding its existence, validity, termination or
interpretation, shall be reIerred to and Iinally resolved by arbitration under the
Arbitration Act 1961 (Act 38). The arbitral tribunal shall comprise a sole arbitrator
and who shall be appointed (in the absence oI agreement between the Parties) by the
Courts oI Ghana. The place oI arbitration shall be Accra, Ghana. Any award oI the
sole arbitrator shall be carried out without delay.

150 Entire Agreement

151 This Agreement (together with its Schedules) supersedes any Agreement
made or existing between the Parties beIore or simultaneously with this
Agreement and constitutes the entire understanding between the Parties in
relation to the subject matter oI this Agreement.

15.2 Except as otherwise permitted by this Agreement, no change oI its terms shall
be eIIective unless it is in writing and signed by or on behalI oI both parties.


180
160 Governing Law

This Agreement shall be governed by the laws oI Ghana.

IN ITNESS HEREO the parties have by their authorised representatives appended
their signatures this ....... day oI ..........2012

SIGNED Ior and on behalI oI SOCIAL SIGNATURE
SECURITY AND NATIONAL
INSURANCE TRUST NAME
in the presence of:
TITLE
ITNESS:

Signature .............
Name: ...............
Address ...............

SIGNED Ior and on behalI oI SERVICE SIGNATURE
PROVIDER
NAME
in the presence of:
TITLE
ITNESS:

Signature .............
Name: ...............
Address ...............


181
SCHEDULE ONE

THE EQUIPMENT
Switch (hereinaIter called 'Switch), UPS (hereinaIter called 'UPS), Data/Voice Socket
(hereinaIter called 'Data/Voice Socket), Rack (hereinaIter called 'Rack), Cat 6 UTP
Cables (hereinaIter called 'Cat 6 UTP Cables), Trunking Material (hereinaIter called
'Trunking Material), Fiber Uplink cable (hereinaIter called 'Fiber Uplink cable),
Automatic Voltage Regulator (hereinaIter called 'AVR) Power Socket (hereinaIter called
Socket'), Triple Pole and Neutral Board (hereinaIter called 'TPN), Miniature Circuit
Breaker Distribution Board (hereinaIter called 'MCB), Insulated Power Cable (hereinaIter
called 'Power Cable), By Pass Switch (hereinaIter called 'By Pass Switch), to be procured
by the Services Provider and warranted by the Services Provider against any Iorm oI deIect
and Ior the replacement oI any deIective part, to repair any malIunction oI the system or to
replace system with a temporary set until repair is completed at a zero cost in labour,
expertise, transportation, lodging and parts Ior a period oI 1 (one) year Irom the
Commencement date oI the Agreement and installation oI such system at all SSNIT
Branches throughout Ghana


182

SCHEDULE TO

SSNIT ROLES AND RESPONSIBILITIES
Help Desk Supervisor
Pension House

O Focal point between SSNIT and XXXX Ior the support and
resolution oI problems.
O Works closely with MIS Coordinators and IT/User Support
StaII at the respective Branches to provide systems
administration services.
O Works closely with SSNIT Database Administrators and
Network Administrators.
O Ensure that all issues are logged.
O Provides periodic reports on Help Desk Centre activities.
O In conjunction with GM MIS and Head oI Communication
and Network evaluate perIormance oI XXXX services
O Attends support review meetings.
IT Manager,
Communication and
Network

O Manages the IT delivery team.
O Approves System support deliverables.
O Assures quality oI delivery Irom Communication& Network
team.
O IdentiIies and engages appropriate technical resources.
O Escalates issues where necessary to GM MIS.
GM MIS
SSNIT

Evaluates and documents business impact oI the
problem
Ensure timely and accurate communication with
business users
Ensures customer satisIaction with problem resolution
Responsible Ior contract administration


183

PROBLEM IDENTIICATION CHECKLISK

When submitting a call to the Warranty Supplier Response Center the Iollowing questions
should be answered in the problem description in order to speed up problem qualiIication and
resolution:
What are you trying to do?
What are you expecting to happen?
What is really happening?
What speciIic devices are involved?
When did you Iirst observe the problem?
Did the same program or command work properly beIore?
When did it work properly Ior the last time?
What has changed since that date? (hardware, soItware, network, conIiguration, VoIP
ConIiguration, Power equipment)
Is anyone else experiencing this same problem?
What steps towards problem resolution have you taken already? (provide detailed history oI
actions taken, along with date and time)
Communicating the Criticality of a Call
Customers have the ability to deIine the criticality oI a call to XXXX.
O System is Down
O System is or has panicked
O System is or was hung
O Unclear whether problem is Hardware or SoItware related
O Customer indicates problem is "Critical"


184

SSNIT PROBLEM REPORTING & ESCALATION PROCESS

Branch
SUPPORT
Branch
SUPPORT
Branch
SUPPORT
CENTRAL HELP DESK - PENS!ON HOUSE

NETWORK ENC!NEER
S SEN!OR NETWORK ENC!NEER
THE
WARRANTY
SUPPL!ER
Branch User

Branch User

Branch User
!T NANACER, CONNUN!CAT!ON
S NETWORK
CN N!S

185

THE ARRANTY SUPPLIER Contact List

THE ARRANTY SUPPLIER
Name and
Email Address
Street Address Title Phone ax

Deliverables Summary

Support Deliverable
Date
Scheduled
Date
Completed
Owner
Remarks/
Totals
Quarterly Service Level
PerIormance Review

PerIormance Review

PerIormance Review

PerIormance Review

Quarterly Service Level Performance Reviews completed/total
Yearly Service Level
Agreement Review

Yearly Service Level Agreement completed/total
Total Deliverables completed/total

REVISED LAN and Clean Power Solution Oct 6. Final

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