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EMIRATES TELECOMMUNICATIONS GROUP COMPANY P.J.S.C.

(ETISALAT)

STANDARD INSTRUCTIONS AND CONDITIONS


FOR
ETISALAT TENDERS
SICET-2A (PROJECTS)

DATED: 23.03.1988
(REVISED: 15.05.1993, 29.07.1998, 30.11.2006 & 24/09/2020)

CONTENTS

SECTION 1 : GENERAL INSTRUCTIONS TO TENDERERS


SECTION 2 : DOCUMENTS TO ACCOMPANY TENDERS
SECTION 3 : CONDITIONS OF CONTRACT
SECTION 4 : ANNEXURES / FORMS TO BE USED BY TENDERERS

1 SICET-2A (Projects)
2
EMIRATES TELECOMMUNICATIONS GROUP COMPANY P.J.S.C.
(ETISALAT)

STANDARD INSTRUCTIONS AND CONDITIONS


FOR
ETISALAT TENDERS

SECTION 1
GENERAL INSTRUCTIONS TO TENDERERS

1.1 DEFINITIONS
1.2 INSTRUCTIONS TO TENDERERS
1.3 SUBMISSION OF TENDERS
1.4 ENQUIRIES
1.5 VALIDITY OF OFFERS
1.6 CURRENCY
1.7 PRICES
1.8 ACCEPTANCE OF OFFERS

3 SICET-2A (Projects)
4
1.1 DEFINITIONS
The following words and expressions shall have the meanings hereby assigned to them.
1.1.1 The “Tender” means a written offer submitted with the intention of concluding an Agreement for
the (Title of Project) in accordance with the Contract Conditions set forth hereunder and the
Technical Specifications attached thereto.
1.1.2 The “Tenderer” means a person or persons, a firm or a company submitting a Tender.
1.1.3 The “Purchaser” means Emirates Telecommunications Corporation (ETISALAT), United Arab
Emirates, and shall include its successors and assigns.

1.2 INSTRUCTIONS TO TENDERERS


1.2.1 In case the Tender document has been bought by a Local Party (Agent) and the bid is to be
submitted by different Principal/Overseas Vendor(s), then one set of Tender Document will have
to be bought for each Principal Vendor submitting a bid.
1.2.2 In case more than one company under a group of companies submit multiple bids, then each
company should submit along with their Offer(s) a Declaration in separate company letter heads
stating that their affiliated company is also bidding for the same Tender.

1.3 SUBMISSION OF TENDERS


1.3.1 The Tender must include the following:
a) Form of Tender, duly filled, signed and stamped (Appendix A of Section 4)
b) Schedule of Costs including complete and comprehensive list of spares and accessories.
c) Schedule of Implementation
d) Schedule of Compliance (Commercial and Technical)
e) Full Technical Details
f) Details of Proposed Training
g) Any other information specifically requested in the relevant Specifications and Conditions.
1.3.2 Tenders will be considered only if submitted in compliance with the provisions of the Tender
Documents.
The Tender Documents contain the following:
(i) The Standard Instructions and Conditions for Etisalat Tenders (SICET-2A) — Section 1 to
Section 4 inclusive.
(ii) Technical Specifications.
1.3.3 Tenders must be submitted with a covering letter duly signed, the substance of which conforms
to the standard Form of Tender indicated in Appendix A attached in Section 4.
1.3.4 Tenderers shall submit their proposal in two separate sealed envelopes (Envelope A for technical
and commercial un-priced offer and Envelope B for commercial priced offer). Tenderers
should submit six copies of their proposal, individual copies shall be clearly marked “ORIGINAL”,
“DUPLICATE”, “TRIPLICATE”, etc. and shall contain sufficient details to enable a complete
evaluation to be made. Softcopy of the proposal may be requested, if required (Softcopies shall be
exactly matching Hardcopy, if any difference found in prices, Purchaser shall consider the lowest
price). The proposal shall be in the English or the Arabic Language and the Metric system shall be

5 SICET-2A (Projects)
utilised for all weights and measures. Sealed envelope(s)/Tenders should be submitted, clearly marked
as follows:

i. ETISALAT TENDER NO……………………………………………….

ii. FOR THE …………………………………………………………………


(NAME OF THE PROJECT)
iii. ENVELOPE TYPE (A or B)

The sealed envelopes shall either be couriered/posted to Etisalat Head Office, P.O. Box 3838,
Abu Dhabi for the attention of the Vice President / Contracts or, be deposited in the Tender Box,
according to the instructions in the invitation to Tender prior to the prescribed time and date of
Tender closing. (Late submissions shall not be accepted)
1.3.5 If the Tenderer proposes any deviation from the Specifications which in his opinion will improve
any aspect of the efficiency or operation of the system/equipment, a full technical explanation of
the deviation must be given in a separate annexure to the Tender Documents and referenced in
the appropriate Schedule of Compliance.
1.3.6 Any alternative or additional conditions which the Tenderer may wish to include as part of the
Conditions of Contract should be given in a separate letter to accompany the Tender and
referenced in the appropriate Schedule of Compliance. In the event that such alternative or additional
conditions do not meet with the approval of the Purchaser, the Tender shall be rejected.
1.3.7 Details of proposed training, where applicable, such as duration, course content, number of
trainees, location and language, course material and training facilities available shall be stated in
the Tender.
1.3.8 The Tenderer should specify the address to which defective items under warranty are to be
returned and the period within which these items will be returned after repair.
Furthermore the Tenderer shall state standard repair charges for defective equipment/units,
wherever applicable, beyond the guarantee period and also state the guarantee period for the
repaired units.
1.3.9 The Tenderer should submit names and addresses of sub-contractor if any. The Purchaser has
right to reject any sub-contractor without giving reason for rejection.
1.3.10 The Tenderer shall authenticate all alterations/erasures before submitting the Tenders.

1.4 ENQUIRIES
Any question which may arise with regard to the interpretation of the Tender or any additional
information required to clarify the Invitation to Tender, including the specification is to be
submitted to Purchaser marked for the attention of the Vice President / Contracts, and must arrive
at least 5 working days before the closing date.
Both question and answer will be copied simultaneously to all prospective Tenderers, with no
indication as to the source of the enquiry.

1.5 VALIDITY OF OFFERS


The Tenders must be valid for a minimum of 120 days from the Tender closing date, or as may
be specified by Purchaser in the Tender documents.

6 SICET-2A (Projects)
1.6 CURRENCY
The prices quoted must be in UAE Dirhams. Offers in other currencies shall not be considered.

1.7 PRICES
Quoted prices shall include the following:
1.7.1 Detailed Schedule of Costs relating to equipment and accessories /spares /tools etc. which are
to be supplied with the equipment including local transportation to site and unloading at site as
follows:
a. Delivered Duty Paid (DDP) (Delivery at Purchaser’s premises/sites) : Which shall include
but not be limited to cost of the item, carriage, insurance, clearing, customs duty etc. upto
Purchaser’s premises/sites.
b. Carriage and Insurance Paid to (CIP) (Delivery at UAE Sea Port / Airport or Purchaser’s
premises/sites (if opted)) : Which shall include but not be limited to cost of the item,
carriage, insurance, clearing etc. upto entry point in UAE Sea Port / Airport or Purchaser’s
premises/sites (if opted). (Local customs duty in UAE entry point shall be paid by the
Purchaser).
c. Free CArrier (FCA) (Delivery at premises of Purchaser’s forwarder or other nominated
place within the exporting country as may be advised by the Purchaser) : Which shall
include but not be limited to cost of the item.
1.7.2 Detailed Schedule of Costs relating to Installation, Testing, Commissioning, Supervision,
Training and associated documentation.
1.7.3 Any other costs.
1.7.4 Total Contract Value (DDP).
1.7.5 All required items specified in the Tender Documents shall be considered as included in the total
lump sum price quoted by the Tenderer unless otherwise specified in the offer.
1.7.6 Detailed and Comprehensive list of spare parts and accessories for future requirement with
itemized unit prices DDP, CIP and FCA.
1.7.7 Tenderers are requested to include the price variation formula they propose to use for the future
Supply and Installation of Equipment and the supply of spare and replacement parts.
1.7.8 POST WARRANTY : The Supplier shall offer various options for post warranty including
annual support, maintenance, repair and replacement of all the offered products. Details of each
service, the offered level of expertise and the expected deliverables shall be clearly highlighted.
Separate agreement may be finalized and signed between the Contractor and Purchaser for the
same before issuing Final Acceptance Certificate (FAC).

1.8 ACCEPTANCE OF OFFERS


1.8.1 Purchaser is not bound to accept the lowest Tender, or any Tender, or to give reasons for
rejection of any Tender.
1.8.2 Unless Letter of Award/Letter of Intent/written instructions to proceed have been issued by
Purchaser, or until a formal Contract has been concluded, no Tender shall be deemed to have
been accepted.

7 SICET-2A (Projects)
8
EMIRATES TELECOMMUNICATIONS GROUP COMPANY P.J.S.C.
(ETISALAT)

STANDARD INSTRUCTIONS AND CONDITIONS


FOR
ETISALAT TENDERS

SECTION 2
DOCUMENTS TO ACCOMPANY TENDERS

2.1 TENDER BOND


2.2 INFORMATION OF TENDERER/MANUFACTURER
2.3 QUALITY ASSURANCE DOCUMENT(S)
2.4 REGISTRATION/LEGAL DOCUMENTS OF THE TENDERER
2.5 UAE PARTNER/AGENT

9 SICET-2A (Projects)
10
2.1 TENDER BOND
2.1.1 A Tender Bond of not less than five percent (5%) of the total offered price for the project is to
accompany the Tender in the form of an irrevocable and unconditional Bank Guarantee issued
by an approved bank in UAE (National or International) in favour of the Purchaser and valid for
a minimum period of 120 days from the Tender closing date. Tender Bonds issued by banks in
foreign countries are not acceptable.
2.1.2 The Tender Bond shall be in UAE Dirhams and it shall authorise the Purchaser to withdraw on
first demand and without recourse, the total amount, if the Tenderer fails to sign a Contract with
Purchaser within the stipulated period after notification of acceptance of his offer, or if the
Tenderer withdraws his Tender wholly or partly before the expiration of its validity or any
extension thereof or if he fails to submit the Performance Bond specified in para no. 3.3
hereinafter, within 10 calendar days of awarding the Contract.
2.1.3 The Tender Bond shall conform in substance to the standard format indicated in Appendix B
attached in Section 4.
2.1.4 The validity of the Tender Bond shall be extended if the validity of the Tender is extended,
otherwise the Tender shall not be considered.
2.1.5 The Tender Bond of the successful Tenderer shall be released following receipt by Purchaser of
the Performance Bond.
2.1.6 The Tender Bonds of the unsuccessful Tenderers shall be released once the Tender is finalized.

2.2 INFORMATION OF TENDERER / MANUFACTURER


A brief description of the Tenderer’s/Manufacturer’s organisation with details of supply record
of the tendered system/equipment, projects executed, technical field support available and any
other relevant information should be submitted by the Tenderer.

2.3 QUALITY ASSURANCE DOCUMENT(S)


2.3.1 Tenders shall include documentation containing full details of the Quality Assurance System
currently in operation in the Manufacturer’s premises.
2.3.2 Tenderers shall demonstrate that they are capable of maintaining a Quality Standard that satisfies
all contractual requirements.
2.3.3 Purchaser may require to confirm by means of an assessment visit, the operation of the
Tenderer’s Quality Procedures as detailed and Tenderers shall state their agreement.

11 SICET-2A (Projects)
2.4 REGISTRATION/LEGAL DOCUMENTS OF THE TENDERER
The Tenderer shall include in his proposal, copies of registration documents such as the
Certificate of Registration, Trade Licence, Chamber of Commerce Certificates, Memorandum of
Association (for Limited Liability Company) which shall be legalised as follows:
For Foreign companies:
Legal extract of companies register showing the title & name of authorised signatory. If
authority is delegated to lower position then appropriate delegation of authority should be
submitted along with the offer.
The successful Tenderer shall legalise such documents by attesting through their jurisdictional
Notary Public and authenticate the same at the UAE Embassy, or any other Arab Embassy of that
country.
For local companies:
The Power of Attorney should be attested by the UAE Court.

2.5 UAE PARTNER/AGENT


My/Our Partner/Agent in the UAE is:
Name : ……………………………………………………………………………
Contact person : ……………………………………………………………………………
Address : ……………………………………………………………………………
Telephone No. : ………………………………………………………....... ………………
Fax No. : ……………………………………………………………………………
E-mail : ……………………………………………………………………………

12 SICET-2A (Projects)
ETISALAT

STANDARD INSTRUCTIONS AND CONDITIONS


FOR
ETISALAT TENDERS

SECTION 3
CONDITIONS OF CONTRACT

3.1 DEFINITIONS
3.2 TECHNICAL DOCUMENTS
3.3 PERFORMANCE BOND
3.4 SPECIAL TOOLS AND TEST EQUIPMENT
3.5 PROGRESS OF WORK
3.6 INSPECTION
3.7 TRAINING
3.8 DELIVERY INSTRUCTIONS, INSURANCE OF EQUIPMENT AND
TITLE & RISK
3.9 CERTIFICATE OF ORIGIN
3.10 COMPLETION DATE AND EXTENSION THEREOF
3.11 ACCEPTANCE TESTING AND STATEMENT OF READY FOR
SERVICE
3.12 TERMS OF PAYMENT
3.13 ACCEPTANCE CERTIFICATES
3.14 PENALTY
3.15 CONSTRUCTION OF CONTRACT
3.16 GUARANTEE AND MILLENNIUM WARRANTY & REPLACEMENT,
REPAIR AND RETURN OUT OF WARRANTY
3.17 SOFTWARE SOURCE CODE

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14
3.18 TL9000 STANDARD
3.19 IPV6 COMPLIANCE
3.20 ALTERATION OF CONTRACT
3.21 SPARE/REPLACEMENT PARTS AND SYSTEM EXPANSION
3.22 TERMINATION OF CONTRACT BY THE PURCHASER
3.23 TERMINATION OF CONTRACT BY THE CONTRACTOR
3.24 TRANSFER AND SUB-LETTING
3.25 CONTRACTOR’S PERSONNEL
3.26 CONTRACTOR’S LIABILITY, INSURANCE AND INDEMNITY
3.27 LOCAL TAXES, DUES AND LEVIES
3.28 SUPPLIES WITHIN UAE
3.29 PATENT RIGHTS AND ROYALTIES
3.30 SETTLEMENT OF DISPUTES
3.31 BANKRUPTCY AND LIQUIDATION
3.32 CORRUPT PRACTICES
3.33 PUBLICITY AND CONFIDENTIALITY
3.34 PURCHASER’S LOGO
3.35 SPECIALLY ENGINEERED DESIGNS
3.36 INFORMATION CONCERNING THE SITE
3.37 PROJECT CONTROL
3.38 FACTORY TESTING

15 SICET-2A (Projects)
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3.1 DEFINITIONS
In the “Conditions of Contract’ detailed herein, the following words and expressions shall have
the meanings assigned to each of them as defined hereunder, except where the context otherwise
requires:
3.1.1 The “Purchaser” means Emirates Telecommunications Corporation, (ETISALAT), United Arab
Emirates, and shall include its successors and assigns.
3.1.2 The “Seller” or “Contractor” means the person or persons, firm or company whose Tender has been
accepted by the Purchaser and includes the Contractor’s personnel, authorised representatives,
successors by mergers, sale, takeover, amalgamation or any other arrangement and permitted assigns.
3.1.3 The “Contract” means the agreement concluded between the Purchaser and the Contractor named
therein incorporating the contract conditions, and all appendices and/or annexures thereto, as
well as subsequent amendment(s) which may be agreed to in writing between the Purchaser and
the Contractor.
3.1.4 The “Specifications’ means the specifications of the Purchaser incorporated in the Contract and any
modifications thereof or addition thereto as may from time to time be agreed in writing by the parties.
3.1.5 “Contract Price” means the price payable to the Contractor by the Purchaser under the Contract
for the full and proper performance by the Contractor of his part of the Contract.
3.1.6 “Deductions” means any sums payable by the Contractor to the Purchaser or which otherwise
may be deducted from the Contract Price or any part thereof.
3.1.7 “Contract date” means the date on which the Contract is signed by both parties.
3.1.8 “Effective Contract Date” means the date on which the Contract shall come into force.
3.1.9 “Completion Date” means the date specified in the Contract, by which the contractor is to
complete supply and installation of the system in a ready for service condition.
3.1.10 “Actual Completion Date” means the date specified in the statement of ready for service by
which the system or part thereof has been completely installed and become ready for service in
accordance with the Contract Conditions.
3.1.11 “System” means the entire Project complete with all facilities as described in the Specification
including alterations in Contract Amendments, if any.
3.1.12 “Equipment” means all items specified in the Contract which the Contractor is required to
provide according to the Contract.
3.1.13 “Delivery Date” means the date specified in the Contract by which the Contractor is to complete
delivery of the Equipment/System(s).
a) For FCA Contracts, “Delivery Date” means the date by which the Contractor has
completed delivery of the Contracted equipment to the premises of Purchaser’s forwarder
or any other named place within the exporting country, as the case may be. In case the
Purchaser has not specified his forwarding agent and the carriage of goods has been
arranged by the seller to the exit point in the exporting country, the date of the Bill of Lading
for sea shipment or date of Air Way Bill for air freight shipment or the cargo receipt
certificate issued by the shipping port shall be considered as actual delivery date.
b) For DDP and CIP Contracts, “Delivery Date” means the date by which the Contractor has
completed delivery of the contracted equipment to the entry point in UAE Sea Port / Airport
and/or to the Purchaser’s premises/sites (if opted), as the case may be.

17 SICET-2A (Projects)
Note : For CIP Contracts, payment of local customs duty at the entry point (UAE
Sea Port / Airport) shall be the responsibility of the Purchaser.
3.1.14 “Statement of Ready for Service” means a written statement conforming in substance to the
standard format indicated in Appendix I attached in Section 4 issued by the Purchaser for the
system or part thereof as specified in the Contract indicating that the system or part thereof has
been installed, programmed and satisfactorily tested in Compliance with para No. 3.11.
The statement shall also indicate the actual completion date of the system or part thereof in
conformity with Sub-para 3.11.6.
3.1.15 “Software” means the set of instructions to be provided by the Contractor necessary for the
control, operation and performance of the System in accordance with the requirements of the
Specifications. These instructions shall include full documentation (flow charts, listings and
explanatory notes) including any proprietary Software supplied by the Contractor under the
provisions of the Contract.
3.1.16 “Site” means the land, building and environment provided by the purchaser where the equipment
is to be installed.
3.1.17 “Installation’’ means installation material, labour, installation, testing, commissioning and any
other material/service necessary to be provided or undertaken by the contractor under the
contract to have the system to be installed ready for service.
3.1.18 “Installation Cost’ means all cost of installation including installation material, labour,
mobilisation and demobilisation cost.
3.1.19 “Force Majeure” shall include, but not be limited to events which are unpredictable,
unforeseeable, irresistible and beyond the Contractor’s control, such as acts of God, acts or
regulations of any governmental or supranational authority, war or national emergency, accident,
fire, strikes, lock-outs, industrial disputes or epidemics.
3.1.20 “Singular and Plural” : Words using singular only also include the plural and vice-versa where
the context requires.

3.2 TECHNICAL DOCUMENTS


3.2.1 All drawings, diagrams, specifications including functional specifications, modular construction
descriptions and any other information to be provided by the Contractor to the Purchaser under
the Contract shall be supplied by the Contractor, to the Purchaser’s satisfaction and in the English
language, within the periods specified in the Contract. The Contractor shall be solely responsible
to the Purchaser for any delays resulting from failure on his part to provide such drawings,
diagrams, specifications and/or other information to the Purchaser within the period required.
3.2.2 The Contractor shall, within sufficient time before installation of the System, furnish the
Purchaser with installation, operating, fault finding and maintenance instructions together with
drawings (other than shop drawings) in sufficient details to enable the Purchaser to assemble,
dismantle, reassemble and adjust all parts of the system to ensure satisfactory operation.
The System shall not be considered as installed and ready for service unless such instructions,
drawings etc. are furnished by the Contractor.
3.2.3 Upon Installation and Provisional Acceptance of the System any drawings and documents held
by the Contractor shall be retained by him for a period of (10) years to enable the Contractor to
supply any replacement parts should these subsequently be required.

18 SICET-2A (Projects)
3.2.4 The copyright in all drawings and specification issued by the Contractor in connection with
the Contract shall remain the property of the Contractor but Purchaser shall be entitled for all
reasonable purposes in connection with the Contract to a licence free of charge to use such copyrights.

3.3 PERFORMANCE BOND


3.3.1 Within 10 working days from the date of Contract/placement of Order / issuing Letter of Intent
(whichever is earlier); the Contractor shall submit a Performance Bond in the form of an
irrevocable and unconditional Bank Guarantee, in the aggregate sum of not less than ten percent (10%)
of the total value of the Contract/Order. The value of Performance Bond may be reduced to five
percent (5%) upon issuance of Provisional Acceptance Certificate subject to Purchaser’s discretion.
Delay in posting the Performance Bond will result in the confiscation of the Tender Bond.
3.3.2 The Performance Bond shall be in UAE Dirhams and shall be issued on behalf of the Contractor
by an approved bank in UAE (National or International). Performance Bonds issued by banks in
foreign countries are not acceptable.
3.3.3 The Performance Bond shall remain valid for a minimum period of 15 months from the agreed
contractual Ready for Service date. The validity of the Performance Bond shall be extended if
the Final Acceptance Certificate (FAC) has not been issued due to existence of snags. The
Performance Bond shall conform in substance to the standard format indicated in Appendix C
attached in Section 4.
3.3.4 The Performance Bond shall be released without interest upon expiry or issuance of Final
Acceptance Certificate, whichever is later.
3.3.5 In the event whereby the Contractor fails to fulfill all or any part of his obligations under the
Contract as the Purchaser may determine or where the Completion Date is delayed beyond
10 weeks, the Purchaser shall be entitled to confiscate the Performance Bond and/or terminate
the Contract in which case the Performance Bond shall be unconditionally confiscated in full and
without recourse.

3.4 SPECIAL TOOLS AND TEST EQUIPMENT


3.4.1 The Contractor shall, as specified in the Contract provide all special tools and test equipments
necessary for the satisfactory operation and maintenance of the System, cost of which shall be
included in the Contract price.

3.5 PROGRESS OF WORK


3.5.1 The Contractor shall commence the execution of the Contract and shall proceed in an orderly and
proper manner with due expedition and without delay in order to ensure that the System is
completed by the specified Completion Date.
3.5.2 A Progress Report shall be submitted monthly by the Contractor showing the progress of
development, production, scheduled delivery dates of equipment to site, any anticipated delays
and any other relevant information. Each Progress Report shall include a statement confirming
that the System or part thereof shall be completed by the specified date or a detailed explanation,
should delay be anticipated.
3.5.3 The Contractor shall be responsible for the quality of work and the execution of the Project. The
Purchaser reserves the right to ensure such control and supervision as is deemed necessary.

19 SICET-2A (Projects)
3.6 INSPECTION
3.6.1 The Purchaser reserves the right for himself or his nominated representative(s) to inspect and carry out
any necessary tests and/or measurements on all or any part of the equipment/system at any stage in the
manufacture and to reject all or any of the equipment which is not in accordance with the
Specifications.
3.6.2 For the purpose of inspection, the Contractor shall accord to the Purchaser or his nominated
representative(s) the right of access to all parts of his factory concerned with the manufacture of
the equipment/system and shall provide the Purchaser or his nominated representative(s) with
such inspection facilities, testing apparatus and services as may reasonably be required.
3.6.3 For inspection involving tests and facilities outside normal working procedures of the Contractor
the Purchaser shall have the same right as specified in sub para no. 3.6.2 hereabove subject to
prior notice to the Contractor.
3.6.4 Any equipment rejected shall not be considered as having been received on site under the
Contract and the Contractor shall within the delivery time provided by the Contract, or such
further time as the Purchaser may allow, deliver at the Contractor’s expense satisfactory
equipment in replacement of the rejected equipment.
3.6.5 The Purchaser reserves the right to reject the equipment or any part thereof even though it is
inspected and approved if it is found not to conform to the Contract standards by reason of some
defects, short-comings or otherwise, of material or workmanship which was not discoverable
after a reasonable examination of the equipment.
3.6.6 All relevant drawings, specifications and other details shall be forwarded to the Purchaser at a
sufficiently early date to enable the Purchaser’s nominated representative(s) to become fully
acquainted with the equipment prior to inspection, and/or testing within the period stipulated in
the Contract.
3.6.7 The Contractor shall ensure that the Purchaser or his nominated representative(s) shall have the same
inspection rights in respect of any sub-contractor as the Purchaser has in respect of the Contractor.
3.6.8 Accommodation and airfare for the inspectors shall be borne by the Purchaser.

3.7 TRAINING
3.7.1 Where specified, the Contractor shall provide such training for the Purchaser’s personnel as
required by the Contract, to commence at a sufficiently early stage to ensure completion of such
training before the commencement of factory tests.
3.7.2 Where specified, the Contractor shall provide adequate formal and on the job training courses to
ensure the full competence of the Purchaser’s personnel who are to install, operate, maintain and
control the systems.
3.7.3 Installation shall not be considered as complete and Provisional Acceptance Certificate shall not
be issued until such training requirements as are called for in sub-paras 3.7.1 and 3.7.2 have been
satisfactorily provided.
3.7.4 For a period of ten (10) years from the date of issuance of the Provisional Acceptance Certificate,
the Contractor shall, if required by the Purchaser, provide / repeat training courses for the
Purchaser’s personnel.
3.7.5 Etisalat may, at its own discretion, provide economy class airfare and accommodation for
instructors/trainers subject to availability and mutual agreement between Purchaser and
Contractor during negotiation stage, if any.

20 SICET-2A (Projects)
3.8 DELIVERY INSTRUCTIONS, INSURANCE OF EQUIPMENT AND
TITLE & RISK
3.8.1 The Contractor shall supply all the equipment including installation materials and shall
undertake the despatch thereof and the consignment of all shipments to the destination specified
in the Contract in adequate time to enable the Contractor to deliver the system by the specified
Completion Date. For any sub-contract for local transportation in the UAE, the Contractor shall
hire national transport companies.
3.8.2 An itemised and detailed schedule of delivery shall be submitted to the Purchaser in
quintuplicate referenced to facilitate the checking of packing specifications when shipments are
made. All item numbers appearing in this schedule must be identifiable against the Contract
items, and shall be quoted on all relevant documents.
3.8.3 All consignments of equipment in transit, in store and/or on site shall be the responsibility of and
at the risk of the Contractor until the issuance of the Ready for Service (RFS) by the Purchaser
at which time Title and Risk shall pass to the Purchaser. Without limiting his obligations and
responsibilities, the Contractor shall insure, with one of the national insurance companies, in the
joint names of the Purchaser and the Contractor against all loss and/or damage of whatsoever
kind and however arising irrespective of percentage and shall lodge and pursue any claim that
may arise in this respect.
3.8.4 If the Purchaser at the request of or upon neglect or default of the Contractor collects, receives,
conveys, delivers or stores any or all items of equipment before the issuance of the Final
Acceptance Certificate, the equipment shall nevertheless remain at the risk of the Contractor as
provided in sub-para no. 3.8.3 and the Contractor shall have no claim against the Purchaser, his
servants or agents for any act of neglect or default in connection with or arising out of such
collection, receipt, conveyance, delivery or storage.
3.8.5 The Contractor is responsible for obtaining any licenses which may be required to export the
equipment from the country of origin.

3.9 CERTIFICATE OF ORIGIN


The Contractor shall undertake to furnish the Purchaser with a Certificate of Origin, to
accompany each shipment.
.
3.9.1 Equipment produced entirely by one factory or company in one country :
The importer should provide to the authorities, Certificate(s) of
origin (to be attached to the shipping documents) showing that :
(a) The equipment originate solely within that country;
(b) The name of the manufacturer or the producing company.
3.9.2 Equipment produced by a number of companies or factories in one country :
In this case the Certificate of Origin should show the name of the final manufacturer or producer.
3.9.3 Equipment produced in one country which include material or services provided by
factories in another foreign country :
The Certificate of Origin should include, in addition to that stated above, the origin, nationality
and percentage of foreign materials used in the equipment.

21 SICET-2A (Projects)
3.9.4 In all cases:
(a) This certificate should be authenticated by the Chamber of Commerce and Industry in the
Exporting country or the authorities of the Free Zones.
(b) The contents of this certificate should be authenticated by the UAE Delegation in the
exporting country. If no UAE Delegation exists in that country, this Certificate should be
authenticated by an Arab Delegation in the exporting country if one exists.
3.9.5 In the event that the Chamber of Commerce and Industry refuses to authenticate a
Certificate of Origin which includes the name of the manufacturer or producing company :
It would be sufficient to approve the name of the factory or the producing company by a separate
declaration (to be attached) provided that this declaration is authenticated by the Chamber of
Commerce. In the case of their refusal to do so, the declaration may be authenticated by a Notary
Public, thereafter the authentication by a Chamber of Commerce or the Notary Pubic should be
approved by the UAE Delegation or if none, by an Arab Delegation if one exists in the Exporting
Country.
3.9.6 Common Certificate of Origin issued by the European Union :
A common Certificate of Origin issued for the European Union countries shall not be accepted,
unless it is accompanied by a Certificate of Origin of the final producing company and the
country of origin.
3.9.7 Certificate of Origin issued in New York, San Francisco (United States of America)
Certificates of Origin issued in the above centers should be approved by the Arabian-American
Chamber of Commerce and thereafter be approved by the UAE Delegation or, if none, by an
Arab Delegation in those cities.
3.9.8 Importation of foreign equipment from an Arab Country :
The original Certificate of Origin or a photocopy should be produced provided that the photocopy
has been authenticated by the Customs Authorities in the Arab Country exporting the goods.
3.9.9 Language of Certificate of Origin
In all cases of importing goods from abroad, the Certificate of Origin should be written in either
Arabic or English language.
3.9.10

3.10 COMPLETION DATE AND EXTENSION THEREOF :


3.10.1 The Contractor shall provide and undertake the installation/supervising the installation (as the
case may be) and completion of the system on or before the specified Completion Date.
3.10.2 If the Contractor at any time has reason to believe that the Completion Date will be delayed by
virtue of anything outside the Contractor’s control i.e. as defined under sub-para no. 3.1.19
(Force Majeure), the Contractor shall promptly notify the Purchaser in writing indicating the
anticipated period of delay and the reasons therefore. However, the completion date shall not be
extended unless the reason and the extension period have been agreed by the Purchaser.
3.10.3 Should the supply of equipment be delayed for reasons other than those stated in sub-para no.
3.10.2, the Purchaser reserves the right to stipulate that all or any part of the equipment so
delayed shall be air freighted to the site if such delay is likely to prejudice the Completion Date.
The Contractor shall bear the costs so incurred in excess of those provided by the Contract.

22 SICET-2A (Projects)
3.11 ACCEPTANCE TESTING AND STATEMENT OF READY FOR SERVICE
3.11.1 On completion of the supply and installation by the Contractor of the system, acceptance
testing shall commence. The Contractor shall, where applicable, not less than three (3) months
before Acceptance Testing is due to commence, submit for the approval of the Purchaser a
comprehensive schedule of tests designed to prove that the System or part thereof will operate in
accordance with the requirements of the Contract together with a list of the test equipment he
intends to use for the purpose of acceptance testing.
The provision of any item of equipment required for acceptance testing in addition to that
supplied by the Contractor for the satisfactory operation and maintenance of the system or part
thereof shall be the responsibility of the Contractor.
3.11.2 The Contractor shall provide the personnel necessary to make proof of performance test as
required in the specifications and approved by the Purchaser under sub-para no. 3.11.1. Failure
to meet such test or any other tests required by the Purchaser in order to comply with the
specifications, shall be sufficient cause for rejection and such test or tests shall be repeated after
modifications or replacements as deemed necessary by the Purchaser. If the Purchaser considers
that the performance is marginal or the results of any phase of the test are inconclusive, further
test shall be performed as required by the Purchaser. Any such re-work or re-testing shall be at
the cost of the Contractor. Upon being satisfied that the performance of the system complies with
the specifications; the spare parts and test equipment(s) are complete, in working order and in
place; the technical document provided and the training has been completed as required by the
Contract, the Purchaser shall provide the Contractor with a statement of “Ready for Service”.
3.11.3 The Purchaser shall arrange for his nominated representative(s) to be available to witness the
acceptance testing of the system or part thereof.
3.11.4 The schedule of tests duly certified in respect of tests satisfactorily completed shall be
provided by the Contractor. Three certified copies shall be supplied to the Purchaser at the time
and place of testing for his annotation of satisfaction or rejection as appropriate.
3.11.5 Two copies of the annotated certified schedule of tests shall be sent to the Purchaser and one copy
shall be retained by the Contractor.
3.11.6 The Statement of “Ready for Service” described in sub-para no. 3.11.2 hereabove shall specify
the day by which the Contractor has advised the Purchaser in writing that the system or part
thereof (when the Contract so permit) is ready for acceptance testing as the actual completion
date if the system or such part thereof proved to be satisfactory during the testing period,
(i.e. without any problem which may affect its operation or utilisation). In case of any problem
or defect occurs which affects the operation or utilisation of the system or such part thereof then
the actual completion date which will be specified in the statement of ‘Ready for Service’ shall
be the date of clearance of such problem or defect.
The System or the part thereof, as the case may be, shall be deemed to have been completed on
the date specified in the statement of ‘Ready for Service’ as the actual completion date.
The statement of “Ready for Service” shall conform in substance to the standard format
indicated in Appendix I attached in Section 4.

23 SICET-2A (Projects)
3.12 TERMS OF PAYMENT
3.12.1 Equipment
3.12.1.1 Fifty percent (50%) of the total Contract Price for equipment received on site shall be paid
against Advance Payment Guarantee (50% of the invoiced amount) upon the presentation
of invoices for the amount(s) due as specified in sub-para no. 3.12.7 hereunder.
3.12.1.2 Twenty Five percent (25%) of the total Contract Price for equipment shall be paid
(without Advance Payment Guarantee) when the Purchaser has issued the statement of
‘Ready for Service” in accordance with sub-para no. 3.11.2 and against invoices for the
amount(s) due as specified in sub-para no. 3.12.7 hereunder.
3.12.1.3 Twenty five percent (25%) of the total Contract Price for equipment shall be paid
(without Advance Payment Guarantee) when the Purchaser has issued the Certificate of
Provisional Acceptance in accordance with sub-para no. 3.13.1 and against invoices for
the amount(s) due as specified in sub-para no. 3.12.7 hereunder.
3.12.1.4 The Purchaser may allow payment of 10% of the value of contracted equipment as
advance payment where mobilization is required. This shall be against Advance
Payment Guarantee (100% of invoiced value). The value of Advance Payment
Guarantee and balance dues, if any, shall be adjusted/amended in accordance with
sub-paras 3.12.1.1, 3.12.1.2 and 3.12.1.3.
3.12.1.5 In case the Purchaser has issued a Letter of Intent and the Contract is not signed
within 6 weeks period from issuance date of the Letter of Intent, then Purchaser may
allow for a payment of 50% (pertaining to delivery of equipment) provided that all
contracted equipment/system(s) have been delivered to site(s) against Advance
Payment Guarantee (50% of invoiced value). The value of Advance Payment
Guarantee and balance dues, if any, shall be adjusted/amended in accordance with
sub-paras 3.12.1.1, 3.12.1.2 and 3.12.1.3 once the Contract is signed.
3.12.1.6 In case the Contractor is ready for delivery of the contracted equipment/system(s) and
Purchaser’s site is not ready, then payment on delivery (50%) shall be allowed against
Advance Payment Guarantee (50% of invoiced value) if delivery is made to Purchaser’s
stores or Contractor’s stores after carrying out the required inspection and confirmation
of good’s receipt by Purchaser. The value of Advance Payment Guarantee and balance
dues, if any, shall be adjusted/amended in accordance with sub-paras 3.12.1.1, 3.12.1.2
and 3.12.1.3 once the equipment/system(s) has been moved to Purchaser’s site.
3.12.2 Advance Payment Guarantee
Prior to receiving each payment specified in sub-para nos. 3.12.1.1, 3.12.1.4, 3.12.1.5 and
3.12.1.6, the Contractor shall deposit with the Purchaser an unconditional and irrevocable Bank
guarantee for the amount as detailed in above sub paras. The Bank Guarantee shall authorise the
Purchaser at his discretion and without recourse to the Contractor, Court or to any third party, to
encash on first demand the amount of guarantee whenever the Purchaser is satisfied that the
Contractor is in breach of any of the terms or conditions of this Contract. The Bank guarantee
shall be valid until the issuance by the Purchaser of the Provisional Acceptance Certificate.
The Advance Payment Guarantee shall be in UAE Dirhams and shall be issued on behalf of the
Contractor by an approved bank in UAE (National or International). Advance Payment
Guarantees issued by banks in foreign countries are not acceptable.
The Bank guarantees shall be released without interest upon expiry.

24 SICET-2A (Projects)
The Bank Guarantee must conform in substance to the standard format indicated in Appendix D
attached in Section 4.
3.12.3 Training Charges
The total Contract Price for factory and/or on-site training shall be paid following completion of
the training to the satisfaction of the Purchaser and against invoices for the amount(s) due as
specified in sub-para no. 3.12.7 hereunder.
3.12.4 Installation and Supervision Charges
The total Contract Price for installation and/or supervision charges shall be paid in monthly
installments for work completed to the satisfaction of the Purchaser and against invoices for the
amount(s) due as specified in sub-para no. 3.12.7 hereunder.
3.12.5 Survey Charges
The total Contract Price for survey charges shall be paid following acceptance by the Purchaser
of the survey report and against invoices for the amount(s) due as specified in sub-para no.
13.12.7 hereunder.
3.12.6 Future Orders
i. Spare Parts and Accessories : For orders subsequent to the completion of the system
hundred percent (100%) of the Contract Price for spare parts and/or accessories received in
Purchaser’s stores/sites shall be paid against the presentation of invoices for the amount(s)
due as specified in sub-para no. 3.12.7.
ii. Additional Contracted Equipment/System(s) : For orders subsequent to the completion
of the system hundred percent (100%) of the Contract Price for supply of additional
contracted equipment/system(s) received in Purchaser’s stores/sites shall be paid against the
presentation of invoices for the amount(s) due as specified in sub-para no. 3.12.7.
3.12.7 Invoices
All invoices should state the account number and name of the Bank to which funds shall be
transferred.
All invoices shall be paid in UAE Dirhams within 30 days of receipt of the invoice by the
Purchaser. Payments shall only be made by the Purchaser against presentation by the Contractor
of invoices in duplicate in such form as the Purchaser may require quoting the Contract Number/
Order Number, and where appropriate the item number of the Schedule of Equipment and
supported by such proofs and certified documentary evidence as the Purchaser may require.
Payment shall be effected by means of Bank transfer to the Bank account number designated by
the Contractor.
Any sums payable by the Contractor to the Purchaser under the Contract may be deducted from
the Contract Price or any part thereof.

3.13 ACCEPTANCE CERTIFICATES


3.13.1 Provisional Acceptance Certificate
a) The Provisional Acceptance Certificate shall be issued within sixty (60) days from the date
of issuance of the statement of ‘Ready for Service’ for the system (or part thereof), when it
has been demonstrated that the system or part thereof (where the contract so permit) has
been delivered, installed and commissioned in accordance with the Contract Conditions and

25 SICET-2A (Projects)
that the Performance thereof fully meets the Contract specifications and training has been
satisfactorily completed.
Notwithstanding the above, the Purchaser, at its sole discretion may extend the issuance of
Provisional Acceptance Certificate to ninety (90) days depending on the size, nature and
location of the projects.
b) The Issuance of Provisional Acceptance Certificate shall be without prejudice to any
existing or future claim by the Purchaser in respect of any defects which may subsequently
become apparent or be discovered.
3.13.2 Final Acceptance Certificate
The Final Acceptance Certificate shall be issued by the Purchaser after 12 months from the date
of issuance of the Provisional Acceptance Certificate, when it has been demonstrated to the
Purchaser’s satisfaction that, the performance of the system is stable and satisfactory, all
defective parts/materials have been repaired or replaced, out of warranty support requirements,
if any have been appropriately established as specified in sub-para no. 3.16.1.7 and all
discrepancies if any, have been removed.

3.14 PENALTY
3.14.1 If the contractor fails to complete the supply and installation of the system on or before the
Completion Date, the Contractor shall pay to the Purchaser as and by way of Penalty resulting
from the delay, the aggregate sum of one percent (1%) of Total Contract price of the System for
each week and pro-rata for parts of week, for delay beyond the specified date, subject to a
maximum of ten percent (10%) of the Total Contract Price of the system.
In the event that delay is only in respect of small items which do not affect the effective
utilisation of the system, penalty shall be chargeable only on the value of such delayed items.
3.14.2 Any penalty chargeable to the Contractor shall be deducted from the invoice amounts submitted
by the Contractor for payment, without prejudice to the Purchaser’s rights under para no. 3.22.
3.14.3 The payment of penalty, shall not relieve the Contractor from the obligation to complete
the system or from any other liabilities or obligations under the Contract, or from meeting
performance requirements and the provisions under the Performance Bond.

3.15 CONSTRUCTION OF CONTRACT


The Contract shall he deemed to have been concluded in the United Arab Emirates and shall be
governed by and construed in accordance with UAE Law.

3.16 GUARANTEE AND MILLENNIUM WARRANTY & REPLACEMENT,


REPAIR AND RETURN OUT OF WARRANTY
3.16.1 GUARANTEE AND MILLENNIUM WARRANTY
3.16.1.1 Notwithstanding the system or any part thereof having been accepted by the Purchaser,
the Contractor shall for a minimum period of twelve (12) calendar months from the date
of issuance of the Provisional Acceptance Certificate by the Purchaser, guarantee the
system and all parts thereof and shall investigate the cause of faults and promptly repair
to the Purchaser’s satisfaction or replace the system or any part thereof found to be
faulty by reason of defective material, faulty design or workmanship within the
guarantee period.

26 SICET-2A (Projects)
All associated costs whatsoever shall be borne by the Contractor.
3.16.1.2 In the event of a major system failure during the guarantee period the Contractor at his
own cost shall immediately despatch by air such parts and/or software and specialist
personnel as may be necessary to restore the system to the full satisfaction of the
Purchaser.
3.16.1.3 Software support and modifications considered necessary by the Purchaser due to the
design defects/bugs either with the operating system or related to the applications shall
be guaranteed for the life span of the equipment. The Contractor shall notify the
Purchaser immediately on identification of the defect and shall arrange to effect
immediate correction. The correction notification shall be made known to the Purchaser
prior to the installation of the correction to enable smooth transition/correction of the
bugs/design defects.
3.16.1.4 Any parts returned to the Contractor by the Purchaser for repair or replacement under
this guarantee shall be returned to the destination specified by the Purchaser. Carriage,
shipment, handling, insurance, Chamber of Commerce fees, duties etc., are payable by
the Contractor and the replacement or repaired parts supplied by the Contractor shall be
delivered free of all costs.
3.16.1.5 If any major snags are observed in the system and remain unresolved during the
warranty period then Purchaser reserves the right to extend the warranty till such snags
are resolved by the Contractor satisfactorily.
3.16.1.6 The warranty of any replaced item during warranty period shall be a minimum of 12
months from the date of replacement or remaining warranty period of the system,
whichever is longer.
3.16.1.7 Prior to issuance of Final Acceptance Certificate by the Purchaser as specified in clause
3.13.2, the Contractor shall undertake to finalize with the Purchaser the necessary
maintenance support agreement including repair/replacement for the equipment for a
minimum period to be defined and under terms and conditions to be mutually agreed.
3.16.1.8 The delivered network, system or part/s thereof shall be fully compliant without
modification, loss of performance, or loss of use or work or expenses on the part of the
Purchaser with the requirements of the year 2000 and beyond.
The Contractor shall warrant fault free performance of the supplied products that
include or use computer hardware and/or software. The operation of the supplied
hardware/ and or software shall be transparent to the date change from the 20th to the
21st century and such operation shall continue fault free during and after this transition.
3.16.2 REPLACEMENT, REPAIR AND RETURN – OUT OF WARRANTY
3.16.2.1 Throughout the life cycle of the system/equipment (not less than 10 years), the
Contractor shall accept any faulty unit for repairs at fixed, specified rates.
3.16.2.2 Contractor shall ensure that all related procedures, support and maintenance,
repair/replacement charges limits, turn around time and warranties for
repaired/replaced items shall be appropriately and reasonably covered by the
Contractor during the execution of the project.

27 SICET-2A (Projects)
3.17 SOFTWARE SOURCE CODE
Contractor shall provide Purchaser with the source code for all customized software(s). The
source code for the customized software(s) shall be provided to Purchaser without any
pre-condition. Source code for operating system and application software shall also preferably
be provided to Purchaser for safe custody.
Alternatively, Purchaser may consider safe custody of operating system and application software
with an Escrow Agent within UAE, in which case the entire cost associated shall be borne by the
Contractor. The Escrow Agreement to be signed between Purchaser, Contractor / Producer of
software and the Escrow Agent shall be strictly in accordance with Purchaser’s standard Escrow
Agreement Format, which shall be provided to the Contractor upon request.
Purchaser considers the provision of source code extremely important and therefore
non-adherence to this requirement may lead to non-selection / disqualification of the Tenderer’s bid.

3.18 TL9000 STANDARD


The Contractor shall work jointly with Purchaser to exchange field performance information based on
the TL9000 requirements, help Purchaser to understand and use the performance
metrics to categorize the supplied product. Furthermore, the Contractor shall provide a quarterly
quality report, based on the TL9000 measurements specific to the supplied equipment / systems.
Exchange of information between Contractor and Purchaser should be treated as strictly confidential
and must not be disclosed to any third party without Purchaser’s prior written approval.

3.19 IPv6 COMPLIANCE


All the supplied system(s) (hardware & software) wherever IP connectivity is required should
support IPv6 & IPv4 (simultaneously, if required), with latest approved standards of IETF, IEEE,
ITU, ANSI and other governing communication standards.
If the system is not compliant to the above, the Contractor should indicate the road map to
implement IPv6 and clearly state when the system will be compliant to IPv6. The upgrade
of software/hardware and all related labour should be free of cost to make the system fully
compliant with IPv6.
Further the Contractor should confirm that the product will be kept abreast with the IPv6
development.

3.20 ALTERATION OF CONTRACT


3.20.1 The Purchaser may alter the Contract from time to time provided all alterations together with any
consequential amendments which may be necessary in respect to Contract price and Completion
Date or otherwise shall be mutually agreed between the Purchaser and the Contractor or failing
agreement shall be fixed by the Court in accordance with para no. 3.30.
3.20.2 Alterations shall be effected by means of formal amendments issued by the Purchaser and
countersigned by the Contractor, such amendments being known as “Contract Amendments”.
3.20.3 The Contractor shall not depart from any conditions or requirements laid down in the Contract
without prior written permission of the Purchaser.

28 SICET-2A (Projects)
3.21 SPARE/REPLACEMENT PARTS AND SYSTEM EXPANSION
3.21.1 The Contractor undertakes to provide all spare and replacement parts or suitable alternative
together with any additional equipment required by the Purchaser for the purpose of subsequent
modification, expansion or extension of the system for a period of ten (10) years calculated from
the date of issuance of the Certificate of Provisional Acceptance.
3.21.2 All spares, replacement parts and additional equipments, shall be either of his own manufacture
at the price levels specified herein and adjusted in accordance with an agreed price variation
formula in respect of changes to recognised material and labour indices applicable at the time of
ordering, or if not available suitable alternative equipment of comparable quality not of his own
manufacture at equitable prices.
3.21.3 The Contractor undertakes where required by the Purchaser and at a mutually agreed cost to
effect modifications to the system database in order to facilitate changes necessitated by the
Purchaser’s operational requirements.

3.22 TERMINATION OF THE CONTRACT BY THE PURCHASER


3.22.1 If during the course of the Contract, the Contractor shall be in breach of the Contract and the
Purchaser shall so inform the Contractor by notice in writing, and should the breach continue for
more than seven days (or such longer period as may be specified by the Purchaser) after such
notice then the Purchaser may immediately terminate the Contract by notice in writing to the
Contractor.
3.22.2 Upon termination of the Contract the Contractor shall forthwith cease work and remove his
labour from the site. However, the Contractor shall not move away from the site any equipment
whatsoever and shall not remove any temporary buildings, tools, plant, goods or materials
provided by the Contractor until given permission to do so in writing by the Purchaser and the
Purchaser may complete the purchase of any such equipment and use any such temporary
buildings, tools, plant, goods or materials upon paying, or allowing the Contractor, the unpaid
price of such equipment or a fair price for such use.
3.22.3 Upon termination of the Contract the Purchaser may at his option continue work either by
himself or by sub-contracting to a third party. The Contractor shall if so required by the Purchaser
within 14 days of the date of termination assign to the Purchaser without payment the benefit to
any agreement for the supply of materials or goods and/or the execution of any work for the
purposes of this Contract. In the event of the system being completed ready for service by the
Purchaser or a third party and the total cost incurred by the Purchaser in so completing the
system being greater than which would have been incurred had the Contract not been
terminated then the Contractor shall pay such excess to the Purchaser.
3.22.4 The Performance Bond shall be unconditionally confiscated in full without recourse if the
Contract is terminated by the Purchaser.

3.23 TERMINATION OF THE CONTRACT BY THE CONTRACTOR


3.23.1 The Contractor shall not have the right to terminate or abandon the Contract except for reasons
of force majeure.

29 SICET-2A (Projects)
3.23.2 In the event of the Contract being terminated by the Contractor as indicated in sub-para no.
3.23.1, the Contract Price payable by the Purchaser to the Contractor (after taking into account
amounts previously paid under the Contract) shall be the Price, as specified in the Contract, of
the equipment received and accepted at the date of termination.

3.24 TRANSFER AND SUB-LETTING


The Contractor shall not give, bargain, sell, assign, sublet or otherwise dispose of the Contract or
any part thereof, or of the benefit or advantage of the Contract or any part thereof, without the
previous consent in writing of the Purchaser.
The Contractor shall not change the sub-contractors without the prior consent in writing of the
Purchaser. Such consent shall not relieve the Contractor from any obligation under the Contract.

3.25 CONTRACTOR’S PERSONNEL


3.25.1 The Contractor shall ensure that all personnel provided for the purpose of installation, training,
supervision, testing and/or maintenance are adequately qualified, experienced and suited in skill,
health and temperament for the conditions and environment in which the Project is to be executed.
3.25.2 The Contractor shall take all reasonable measures to ensure that the personnel he provides are not
suffering from any communicable diseases.
3.25.3 The Contractor shall at the Purchaser’s request promptly replace any of the Contractor’s
personnel who proves to be unsuitable or misbehaves in any manner considered unacceptable to
the Purchaser.

3.26 CONTRACTOR’S LIABILITY, INSURANCE AND INDEMNITY


3.26.1 The Contractor shall be liable for, and shall indemnify the Purchaser against, any liability, loss,
claim and/or proceedings, whatsoever arising under any statute or common law in respect of
personnel injury to and/or the death of any person whomsoever arising out of or in the course of
or caused by the carrying out of this Contract, unless due to any proven act of neglect of the
Purchaser.
3.26.2 The Contractor shall be liable for, and shall indemnify the Purchaser against any expense,
liability, loss, claim and/or proceedings in respect of any loss, injury and/or damage whatsoever
to any property movable and/or immovable insofar as such loss, injury and/or damage arises out
of or in the course of and/or by reason of the carrying out of this Contract, and provided always
that the same is due to any negligence, omission and/or default of the Contractor, his servants or
agents or of any sub-contractor, his servants or agents.
3.26.3 Without prejudice to liability for fraud, corrupt practices (para no.3.32), and for liabilities
described in sub-para no. 3.22.3, the Contractor shall not be liable for consequential, incidental,
and indirect damages including loss of business and / or profit.
3.26.4 Without limiting his liabilities under the Contract, the Contractor shall not be liable to the
Purchaser for any damage or injury caused by or arising from the acts of omissions of the
Purchaser.
Without limiting his liabilities and obligations under the Contract, the Contractor shall insure in
the joint names of the Contractor and the Purchaser for their respective rights and interests
against any damage, loss or injury, which may occur to property or to any person by or arising
out of the carrying out of the Contract.

30 SICET-2A (Projects)
3.26.5 The Contractor shall indemnify and hold harmless Purchaser from any loss, damage, liability or
expense including all costs and expenses paid for or incurred in disputing and/or defending
against any act or omission of the Contractor, arising in connection with its performance of the
Contract.

3.27 LOCAL TAXES, DUES AND LEVIES


3.27.1 Except where the delivery term has been agreed as DDP, the Contractor shall not be liable for
the payment of local customs and/or import duties on any item(s) of equipment necessary for the
execution of the Contract within the UAE.
Notwithstanding the above, a supporting letter addressed to the local authorities may be issued
by the Purchaser, if so requested by the Contractor.
3.27.2 The Contractor shall be responsible for all other taxes, dues and levies, including personal
income tax, which are not covered under sub-para no. 3.27.1 and may be payable in the UAE or
elsewhere. The Contractor shall also be responsible for the payment of local customs and/or
import duties on all under warranty repaired/replaced items.

3.28 SUPPLIES WITHIN UAE


The Contractor undertakes that the supply of all items of equipment detailed in the Technical
Specifications shall be confined to the purchase requirements of the Purchaser.
Transactions between the Contractor and any third party for the supply and/or installation of the
said equipment may only be concluded following written approval by the Purchaser. The
aforementioned shall be applicable within the United Arab Emirates only.

3.29 PATENT RIGHTS AND ROYALTIES


3.29.1 The Contract Price shall include all amounts payable (including, without limitation, royalties) for
patent rights, copyrights, registered designs and any other intellectual property rights on or in
respect of the equipment and the Contractor shall indemnify and keep indemnified the Purchaser
against all actions or claims for infringement of such patents, copyrights, registered designs, or
other intellectual property rights by reason of the purchase, possession or use of the equipment.
3.29.2 The indemnity shall not extend to infringement resulting from use or adoption by the Contractor
of the Purchaser’s parts, designs or specific instructions or from use or sale in a manner or for a
purpose not disclosed to the Contractor before the Contract Date.
3.29.3 Each party of the Contract shall promptly inform the other of any claims in respect of patent
rights, copyrights, registered designs or other intellectual property rights and shall make no
settlement thereof without giving to the other prior notice of the claim and a reasonable
opportunity to deal with the same.

3.30 SETTLEMENT OF DISPUTES


3.30.1 All disputes arising out of or in connection with this Contract shall be finally decided by the
Courts of United Arab Emirates. Such decision shall be binding to parties. For this purpose the
parties shall be deemed to have agreed to submit to the jurisdiction of the Courts of United Arab
Emirates and to have waived any immunity that may be claimed in this respect.
3.30.2 Notwithstanding that a dispute may have been referred to the Court both parties shall, if required
by the Purchaser, proceed with their contractual obligations.

31 SICET-2A (Projects)
3.31 BANKRUPTCY AND LIQUIDATION
The Purchaser may at any time, by notice in writing, summarily terminate the Contract without
compensation to the Contractor, if the Contractor shall pass a resolution or any Court shall make
an Order, that the Contractor shall be wound up or if a trustee in bankruptcy liquidator, receiver,
or manager on behalf of a creditor shall be appointed or if circumstances shall arise which would
entitle the Court or a creditor to make a winding up order, PROVIDED ALWAYS that any such
termination by the Purchaser shall be without prejudice to any claim, action or remedy which
shall accrue thereafter to the Purchaser.

3.32 CORRUPT PRACTICES


3.32.1 The Contractor shall not offer or give or agree to give to any person any gift or consideration of
any kind as an inducement or reward for doing of fore-bearing to do or for having done or
forborne to do any act in relation to the obtaining or execution of this or any other Contract with
the Purchaser or for showing or forebearing to show favour or disfavour to any person in relation
to this or any other Contract with the Purchaser.
3.32.2 The Contractor shall not enter into this or any other Contract with the Purchaser in the event that
any such commission has been paid or agreed to be paid by him or on his behalf or to his
knowledge, unless before the Contract is made, particulars of any such commission and of terms
and conditions of any agreement for the payment thereof have been disclosed in writing to the
Purchaser.
3.32.3 Any breach of this condition by the Contractor or by anyone employed by him or acting on his
behalf (whether with or without the knowledge of the Contractor) shall entitle the Purchaser to
terminate the Contract.

3.33 PUBLICITY AND CONFIDENTIALITY


3.33.1 The Contractor shall not, and shall ensure that none of his sub-contractors will, advertise or
otherwise disclose the appointment of the Contractor or his sub-contractors or the terms of the
Contract (save insofar as may be required by law or may be necessary for the due performance
of the Contract) without the prior approval in writing of the Purchaser. All copy of material
relating to this Contract which is intended for publication in any form by the Contractor or any
sub-contractor, must first be submitted in draft form to the Purchaser for approval indicating the
countries in which it will appear.
3.33.2 The Contractor shall ensure that he and / or his sub-contractors (including their personnel) shall
not disclose the location, nature, purpose, details of equipment; technical specifications,
customized /tailored designs etc. or other confidential / site specific information given to him as
a result of awarding the Contract or gained by him from his association with other Contractors
of the Purchaser in the same site, area or field to a third party, without obtaining prior approval
in writing from the Purchaser.
3.33.3 If so desired by the Purchaser, the Contractor shall be requested to sign a Non-Disclosure
Agreement (NDA) that shall include additional terms and conditions.

3.34 PURCHASER’S LOGO


For all equipment(s) supplied, the Contractor shall arrange to display Purchaser’s logo of
suitable size, prominently on each individual unit.
Purchaser will specify the necessary details at the time of award of the Contract.

32 SICET-2A (Projects)
3.35 SPECIALLY ENGINEERED DESIGNS
3.35.1 In the event of specially engineered designs to meet the Purchaser’s Specifications, the
Contractor shall submit a proposal, drawing, or other information as may be required for the
Purchaser’s approval. The Purchaser shall notify the Contractor of his approval or disapproval in
writing within 30 days of receipt of the design information.
3.35.2 Notwithstanding the approval of the Purchaser the Contractor shall be solely responsible for the
design of and for all details of the equipment.
3.35.3. The Contractor shall maintain the closest co-operation with the Purchaser in the interpretation of
his requirements and in the maintenance of the required equipment’s performance during the life
time of the system.
3.35.4 It shall be the responsibility of the Contractor to ensure compatibility between the equipment and
system operation with other equipment or system(s) in use by the Purchaser.

3.36 INFORMATION CONCERNING THE SITE


3.36.1 It shall be the responsibility of the Contractor to obtain complete and accurate information
concerning the site including any equipment(s) previously installed thereon. The Contractor shall
ensure that the system complies with the provisions of all local by-laws, environmental and/or
other legal requirements.
3.36.2 Pursuant to sub-para no. 3.36.1 hereabove, the Purchaser shall assist the Contractor in obtaining
such information as is deemed necessary for the execution of the Contract.
3.36.3 Site visits by the Contractor will be permitted subject to prior agreement.
3.36.4 The Purchaser shall be responsible for ensuring that site preparation is completed prior to the
arrival of equipment on site. The Contractor’s requirement shall be notified in advance but
within sufficient time to enable site preparation.
3.36.5 The Contractor shall be responsible throughout the overall period of the Contract for the
provision and cost of all facilities and services which may be required by the Contractor and/or
his sub-contractors.

3.37 PROJECT CONTROL


3.37.1 The Contractor shall appoint a Project Controller at his works as from the effective Contract Date
for the duration of the Project.
In addition the Contractor shall provide a Project Manager to be resident in the UAE from the
commencement of installation until the actual completion date who shall be fully conversant with
the background of the system and have sufficient delegated authority to make day to day
decisions on-site during the progress of the Project without recourse to his head office in
addition to having full control of the Contractor’s project personnel on site. He shall, as an
individual, remain unchanged for the duration of the Project unless otherwise required by the
Purchaser.
3.37.2 The Purchaser shall appoint a Project Engineer with whom the Contractor’s Project Manager
shall maintain the closest possible co-operation at all times.
3.37.3 All correspondence from the Contractor relevant to the execution of the Contract shall be sent to
the Purchaser’s Project Engineer with a copy to the Purchaser’s Vice President/Contracts.

33 SICET-2A (Projects)
3.38 FACTORY TESTING
3.38.1 The Contractor shall within a reasonable time before factory testing is due to commence,
submit for the approval of the Purchaser a factory test procedure defining the equipment and
associated tests to be conducted.
3.38.2 The equipment shall be tested in accordance with the Contractor’s relevant standard factory
testing procedures. The Purchaser reserves the right for his nominated representative(s) to be
present and to participate in any tests carried out on all or any part of the equipment and the
Contractor shall confirm to the Purchaser by giving thirty (30) days notice in writing of the
commencement of such tests to enable the Purchaser to either make the necessary arrangements
for his nominated representative(s) to be present or to otherwise advise the Contractor. The
Purchaser shall notify the Contractor of the arrival of his nominated representative(s) not less
than two (2) weeks in advance. All traveling, accommodation and associated expenses on behalf
of the Purchaser’s nominated representative(s) shall be borne by the Purchaser.
3.38.3 The Contractor shall have entered all available data, and completed preliminary tests prior to the
arrival of the Purchaser’s nominated representatives(s).
3.38.4 On conclusion of the factory test procedure to the satisfaction of the Purchaser, and prior to
shipment from the factory, a Factory Test Completion Certificate shall be signed by both parties.
If pursuant to sub-para no. 3.38.2 the Purchaser advises that his nominated representative(s) will
not attend, the Contractor shall endorse the Certificate accordingly.
3.38.5 Completed Factory Test Completion Certificates are to be submitted in duplicate to the
Purchaser.
3.38.6 In the event that the Purchaser’s nominated representative(s) attend at the appointed time for
factory testing, and the tests are delayed due to reasons attributable to the Contractor or should
the equipment fail to meet the required objectives of the tests, then all additional costs incurred
by the Purchaser by reason of the delay or of subsequent further visits to attend the deferred or
repeated tests shall be chargeable to the Contractor.

34 SICET-2A (Projects)
ETISALAT

STANDARD INSTRUCTIONS AND CONDITIONS


FOR
ETISALAT TENDERS

SECTION 4
ANNEXURES / FORMS TO BE USED BY TENDERERS

APPENDIX A - FORM OF TENDER


APPENDIX B - STANDARD FORMAT FOR TENDER BOND
APPENDIX C - STANDARD FORMAT FOR PERFORMANCE BOND
APPENDIX D - STANDARD FORMAT FOR ADVANCE PAYMENT
GUARANTEE
APPENDIX E - STATEMENT OF COMPLIANCE WITH CONDITIONS
OF CONTRACT
APPENDIX F - SCHEDULE OF COMPLIANCE WITH CONDITIONS
OF CONTRACT
APPENDIX G - STATEMENT OF COMPLIANCE WITH TECHNICAL
SPECIFICATIONS
APPENDIX H - SCHEDULE OF COMPLIANCE WITH TECHNICAL
SPECIFICATIONS
APPENDIX I - STANDARD FORMAT FOR STATEMENT OF ‘READY
FOR SERVICE’

35 SICET-2A (Projects)
36
APPENDIX A

FORM OF TENDER

EMIRATES TELECOMMUNICATIONS CORPORATION


P. O. BOX 3838
ABU DHABI - UAE

Tenderer’s Ref ……………………………………………………………….......................... ….


Etisalat Tender No ……………………………………………………………………...………..
For: (Name of Project ………………............ ………………………………………………)

GENTLEMEN,
1) We hereby undertake to execute and complete (Title of Project) defined in the conditions of
Etisalat Tender No…………………….. at the prices and within the period stated in the attached
schedules and in conformity with the Technical Specifications.
All costs necessary to fulfill the requirements of Purchaser’s Specifications are included therein.
2) This Tender is valid for 120 days from………………………………………………………
3) We agree that any Contract placed as a result of this Tender will be in accordance with the UAE
Laws and will include the Conditions of Contract specified in Etisalat SICET-2A of the said
Tender and declare that any other terms or Conditions of Contract or any general reservations
which may be printed on any correspondence or documents emanating from us in connection
with this Tender shall not form part of any resulting Contract, unless specifically agreed to by
Purchaser and included in the Contract.
4) We also enclose herewith the following documents:
i) Tender Bond for Dhs. ……………………………………………………
ii) Quality Assurance Document(s).
iii) Name and Address of UAE Partner/Agent.
iv) Registration Certificate (if applicable)
v) Schedule of Compliance with :
a) Contract Conditions.
b) Technical Specifications.
vi) Schedules of Quantity and Cost of Equipment, Spares, Installation, Training etc.
vii) Schedule of Implementation.
viii) Other enclosures ………………………………………………….............................. ………

37 SICET-2A (Projects)
M/s. (NAME OF COMPANY) ………………………………………………................... ……….
(ADDRESS) …………………………………………………………………........ ……..........…

Telephone No…………………………. Fax No…………………………. E-mail………………………...

As represented by : ………………………………………………………………….…….......... …………

In the capacity of : ……………………………………………………………………........... ……………


duly authorised to sign tenders on behalf of the said Company.

Signature : ……………………………………………....... …………………………....………….

Witnessed by : …………………………………………………………………....... ………....……….

In the capacity of : …………………………………………………………………………........... ……….

Address : …………………………………………………………………………........... ……….

Signature : …………………………………………………………………………........... ……….

Dated this : …………............. ……. day of …………............. ……. 20 …………............. …….

38 SICET-2A (Projects)
APPENDIX B

TENDER BOND
Date: …………………

EMIRATES TELECOMMUNICATIONS CORPORATION


P.O. BOX 3838
ABU DHABI – UAE.

Dear Sirs,
TENDER BOND NO. ……………………………………………………………………………..
FOR DIRHAMS : …………………………………………………………...…………………….
REF: ETISALAT TENDER…………………………………..…………………………………...
FOR : ………………………..…………(NAME OF PROJECT)…………….…………………..

Upon request of Messrs. (Name of Accountee) we hereby agree to issue his irrevocable and unconditional
Letter of Guarantee to the amount of Dirhams : (Amount in words) in your favour from the account of (Name
of Accountee) as (Name of Tenderer’s) Tender bond for your invitation to Tender reference (Tender
number) and undertake to pay you immediately on first demand without recourse, the aggregate sum of
Dirhams…………………………………. upon receipt of your written statement certifying that (Name of
Tenderer) have withdrawn their Tender within its validity period or any extension thereof and/or after being
accepted by you, have failed to enter into a Contract or have failed to deposit the Performance Bond within
the prescribed period following the award of Contract.
This Letter of Guarantee shall expire on ……………………..(Date of expiration).
This Letter of Guarantee should be returned to us upon its expiry date or upon fulfillment of our
undertaking, whichever may occur first.

Yours faithfully,
FOR AND ON BEHALF OF
(NAME OF BANK)

SIGNED : ………………………………
(AUTHORISED SIGNATURE)

39 SICET-2A (Projects)
40
APPENDIX C

PERFORMANCE BOND
Date:………………….

EMIRATES TELECOMMUNICATIONS CORPORATION


P.O. BOX 3838
ABU DHABI - UAE

Dear Sirs,
PERFORMANCE BOND NO…………………………………………..
FOR DIRHAMS…………………………………………………………

We, the undersigned (Name of Bank) whose registered office is at ------------------------- have taken notice of
Contract No.---------------------------- signed on------------------------- between Emirates Telecommunications
Corporation, whose Head Office is situated at the intersection of Sheikh Zayed II Street and Sheikh Rashid Bin
Saeed Al Maktoum Road, Abu Dhabi, UAE., hereinafter referred to as “Etisalat” and (Name of Contractor)
whose Head Office is at …………………… hereinafter referred to as “the Contractor” for (Name of Project) in
the total Contract Price of Dhs. ……………..... . . .. . .. (UAE Dirhams ……………………………...).
In consideration of the above, we, (Name of Bank) as Guarantor, hereby irrevocably and unconditionally
guarantee and undertake on behalf of the Contractor to pay Etisalat, any sum or sums up to a maximum
of Dhs……………………….. (UAE Dirhams ------------------------------------------------- ) which
represents 10% (ten percent) of the total Contract Price upon receipt of Etisalat’s written request addressed
to us stating that the Contractor failed to fulfill all or any of his obligations under the above mentioned
Contract, at first demand and such payment shall be made without any restriction or conditions and
without recourse and not withstanding any objection from the Contractor.
This Guarantee shall be valid for 15 months from the agreed Contractual Ready for Service date and shall
be extended as may be requested by Etisalat, if so required.

Yours faithfully,
FOR AND ON BEHALF OF
(NAME OF BANK)

SIGNED : ………………………………
(AUTHORISED SIGNATURE)

41 SICET-2A (Projects)
42
APPENDIX D

ADVANCE PAYMENT GUARANTEE

Date:………………..

EMIRATES TELECOMMUNICATIONS CORPORATION


P.O. BOX 3838
ABU DHABI - UAE

Dear Sirs,
ADVANCE PAYMENT GUARANTEE FOR INVOICE NO.---------------------------------
FOR DIRHAMS---------------------------------------------------------------------------------------

We, the undersigned (Name of Bank) whose registered office is at--------------------- have taken notice of
Contract No. ------------------------signed on------------------------- between Emirates Telecommunications
Corporation, whose Head Office is situated at the intersection of Sheikh Zayed II Street and Sheikh Rashid
Bin Saeed Al Maktoum Road, Abu Dhabi, U.A.E., hereinafter referred to as “Etisalat” and (name of
Contractor) whose Head Office is at --------------------hereinafter referred to as “the Contractor” for (name
and nature of Project) in the total Contract Price of Dhs.----------------------------------- (UAE Dirhams-----
----------------------------------------)
In consideration of the above, we, (Name of Bank) as Guarantor, hereby irrevocably and
unconditionally guarantee and undertake on behalf of the Contractor to pay to Etisalat, any sum or sums
up to a maximum of Dhs……………………….. (UAE Dirhams------------------------------------------------ )
which represents ……. Percent (50 or 100% as required) of the total value of Invoice No(s)
dated : ……………, upon receipt of Etisalat’s written request addressed to us stating that the Contractor
failed to fulfil all or any of his obligations under the above mentioned Contract, at first demand and such
payment shall be made without any restriction or conditions and without recourse and not withstanding
any objection from the Contractor.
This Guarantee shall be valid until the issuance of the Provisional Acceptance Certificate by the Purchaser.

Yours faithfully,
FOR AND ON BEHALF OF
(NAME OF BANK)

SIGNED: ………………………………………..
(AUTHORISED SIGNATURE)

43 SICET-2A (Projects)
44
APPENDIX E

FROM : ………………………………………..
TO : ……………………………………………
Dear Sir,

STATEMENT OF COMPLIANCE
WITH CONDITIONS OF CONTRACT
(Tender No. ………………………)

This Statement lists (in the attached Appendix F) in numerical order all Articles and Sub-Paragraphs of
the Purchaser’s Contract Conditions and any Annexures and in each case an acceptable form of response
is stated. In case of non-compliance, sufficient detailed information is provided to enable the Purchaser to
rapidly ascertain the exact degree of non-compliance.
Unless specifically indicated, we undertake to abide by all that is required in our proposal including
Tender Bond, Performance Bond, Tender Documents, Number of Copies, Terms of Payment, Bank
Guarantees, Invoices, Certificates of Origin of Goods, etc.

Signed by (Name) ……………………………………………………………. In


the capacity of …………………………………………………………….
For and on behalf of …………………………………………………………….
Signature …………………………………………………………….
Dated …………………………………………………………….

NOTE:
The Tenderer shall furnish a signed statement and a Schedule of Compliance clearly
indicating the Tenderer’s response to each individual Article of the Conditions of Contract. The
aforementioned shall conform in substance to Appendix E and F attached hereto and shall be signed by
the Tenderer’s authorised representative.
Responses are acceptable only in the following forms :
‘Compliant” — When the Tender meets all the minimum requirements of the Contract Conditions.
Tenderers may add comments if they wish.
“Non-Compliant” — When the Tender does not meet all the minimum requirements of the Contract
Conditions. Tenderers must add comments to enable the extent to which the
Tender is non-compliant to be clearly understood.
“Noted” — When a statement is made in the Contract Conditions which does not call for the
Tenderer to meet a specific requirement. The term “Noted” will be accepted as
acknowledgement that the Tenderer has read and understood the information.

45 SICET-2A (Projects)
46
APPENDIX F

SCHEDULE OF COMPLIANCE
WITH CONDITIONS OF CONTRACT

Section 1 Compliant Non-Compliant Noted Remarks


Article No.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8

Section 2
Article No.
2.1
2.2
2.3
2.4
2.5
2.6

Section 3
Article No.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8

47 SICET-2A (Projects)
48
APPENDIX F

SCHEDULE OF COMPLIANCE
WITH CONDITIONS OF CONTRACT

Section 3 Contd.... Compliant Non-Compliant Noted Remarks


Article No.
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
3.31
3.32
3.33
3.34

49 SICET-2A (Projects)
50
APPENDIX F

SCHEDULE OF COMPLIANCE
WITH CONDITIONS OF CONTRACT

Section 3 Contd.... Compliant Non-Compliant Noted Remarks


Article No.
3.35
3.36
3.37
3.38

Signed by (Name) ……………………………………………………….

In the capacity of ……………………………………………………….

For and on behalf of ……………………………………………………….

Signature ……………………………………………………….

Dated ……………………………………………………….

51 SICET-2A (Projects)
52
APPENDIX G
FROM : …………………………………………
TO : ……………………………………………..
Dear Sir,
STATEMENT OF COMPLIANCE
WITH TECHNICAL SPECIFICATIONS
(Tender No. ………………………)

This Statement lists (in the attached Appendix H) in numerical order all paragraph and sub-paragraphs of
the Purchaser’s Specifications and any Annexures and in each case an acceptable form of response is
stated. In case of non-compliance sufficient detailed information is provided to enable the Purchaser to
rapidly ascertain the exact degree of non-compliance.
Unless specifically indicated, we undertake to provide all that is specified in our proposal including
special features, facilities, higher performance, additional equipment, etc., even though such provision
may exceed the minimum requirements of the Purchaser’s Specifications as defined in the Conditions of
Contract. Where this occurs the Purchaser’s Specifications is deemed to be modified accordingly unless
such modification is subsequently excluded in writing by the Purchaser.

Signed by (Name) …………………………………………………


In the capacity of …………………………………………………
For and on behalf of …………………………………………………
Signature …………………………………………………
Dated …………………………………………………

NOTE:
The Tenderer shall furnish a signed Statement and a Schedule of Compliance clearly indicating the
Tenderer’s response to each individual paragraph / sub-paragraph of the Technical Specifications. The
aforementioned shall conform in substance to Appendix G and H attached hereto and shall be signed by
the Tenderer’s authorised representative.
Responses are acceptable only in the following forms :
“Compliant” - When the equipment meets all the minimum requirements of the
Specifications. Tenderers may add comments if they wish.
“Non-Compliant” - When the equipment does not meet all the minimum requirements of the
Specifications. Tenderers must add comments to enable the extent to
which the equipment is non-compliant to be clearly understood.
“Noted” - When a statement is made in the Specifications which does not call for the
Tenderer to meet a specific requirement, the term “Noted” will be
accepted in acknowledgement that the Tenderer has read and understood
the information.

53 SICET-2A (Projects)
54
APPENDIX H

SCHEDULE OF COMPLIANCE
WITH TECHNICAL SPECIFICATIONS

Specification Compliant Non-Compliant Noted Comments

Paragraph Refer to Documentation


(Tenderer to insert) for Clarification

Signed by (Name) …………………………………………………….

In the capacity of …………………………………………………….

For and on behalf of …………………………………………………….

Signature …………………………………………………….

Dated …………………………………………………….

55 SICET-2A (Projects)
56
APPENDIX I

STATEMENT OF “READY FOR SERVICE”

Issued on……………………………..

Without prejudice to any existing or future claims in respect of any defects which may subsequently
become apparent or be discovered, the system (or part thereof) is considered completed in a ‘Ready for
Service” condition with effect from---------------------------- against the Contractual Ready for Service Date
of -------------------and the payment specified under Sub-para No. 3.12.1.2. has NOW become due to the
Contractor.
However, the following items shall be provided / rectified to the full satisfaction of the Purchaser before
the issuance of the Provisional Acceptance Certificate (PAC).

1.

2.

3.

57 SICET-2A (Projects)
58

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