Professional Documents
Culture Documents
ADAFSA
ADAFSA
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Contents
➢ Section V of V : Attachments
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SECTION I of V
Invitation to Tender
Contents
3. Tendering Instructions
3.1 Instructions to Tenderers
3.2 Tendering Data
3.3 Attachments:
Attachment 1: Sealed Tender Instructions
Attachment 2: Checklist for Tender Submission
4. Tender Forms
4.1 Form of Tender
4.2 Form of Tender Security
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1. FORM OF INVITATION TO TENDER
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FORM OF INVITATION TO TENDER
Dear Sir,
ABU DHABI Agriculture and Food Safety AUTHORITY has the pleasure of inviting you to submit a
Tender, in competition, for the provision of the above SERVICES. The Tender Documents for the
SERVICES can be collected during normal office hours as per the Invitation from our offices at the
following address:
The Scope of required Service is to seek for a Professional Service provider to Implementation &
Support of Food Import and Export Management System (FIEMS). for detailed requirements,
please refer to Section III, Annexure A “Scope of Services”.
Your wax sealed and complete offer, strictly in accordance with the Tender Invitation Package, shall
be submitted in our offices (as per the above address) not later than the time and date stated in
here / or the newspaper advertisement.
Please confirm receipt of this letter and state whether you intend to submit a Tender or not. We
would appreciate being so notified in writing at your earliest opportunity in accordance with the
“Form of Tenderer’s Response” enclosed in the Tender Invitation Package.
Yours faithfully,
Contracts & Procurement
ABU DHABI Agriculture and Food Safety AUTHORITY {ADAFSA)
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2. FORM OF TENDERER'S RESPONSE
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FORM OF TENDERER'S RESPONSE
[PRINT OUT THIS LETTER IN COMPANY’S LETTER HEAD]
Dear Sir,
We acknowledge the receipt of the Tender Invitation Package and Invitation to public
Tender and :
DATE .............................................
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3. TENDERING INSTRUCTIONS
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3.1 INSTRUCTIONS TO TENDERER(S)
GENERAL
3.1.1 ADAFSA, as defined in the Tendering Data, hereinafter “ADAFSA”, wishes to receive
Tenders for the provision of SERVICES, as described in herein and summarized in the
Tendering Data, hereinafter referred to as the “SERVICES”.
3.1.2 To facilitate tendering and Tenders evaluation, the Tender Invitation Package
enclosed reflect the AGREEMENT which shall be ultimately entered into by ADAFSA
and the successful Tenderer(s) hereinafter referred to as TENDERER(S) together
with all the technical specifications and information and commercial terms in the
order and format as ultimately envisaged.
3.1.3 The successful TENDERER(S) will be expected to complete the SERVICES within the
period stipulated in the Tendering Data from the date of commencement of the
SERVICES.
3.1.4 Throughout these bidding documents, the terms bid and tender and their
derivatives (Bidder/ Tenderer, Bid/ Tender, Bidding/ Tendering, etc.) are
synonymous, and day means calendar day. Singular also means plural.
3.1.5 No firm shall be invited to participate in the Invitation to Tender unless it is properly
qualified and registered in the Commercial Register in accordance with ADAFSA
policies and procedures. However, in special circumstances an unregistered firm
may be invited to bid, but the contract shall not be awarded to it unless it is finally
registered with ADAFSA.
3.1.6 Bidders shall, as part of their Bid:
(i) Submit letter of power of attorney authorizing the signatory of the Bid to
commit the Bidder; and
(ii) Update any information, which has changed, and update in any case the
information indicated in the Tendering Data.
CONTENT OF TENDER DOCUMENTS
3.1.7 The Tender Invitation Package or the TENDER shall be composed of those
sections as stated below, unless otherwise specified in the Tendering Data, and
should be read in conjunction with any Addenda issued by ADAFSA prior to
execution of the AGREEMENT:
Section I of V : Invitation to Tender, which includes:
1. Invitation to Tender
2. Form of Tenderer’s Response
3. Tendering Instructions:
3.1 Instructions to Tenderer’s
3.2 Tendering Data
3.3 Attachments:
Attachment 1: Sealed Tender Instructions
Attachment 2: Checklist for Tender Submission
4. Tender Forms:
4.1 Form of Tender
4.2 Form of Tender Security
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Section II of V : Form of AGREEMENT
Section III of V: Conditions of AGREEMENT and Annexes:
1. General Conditions
2. Special Conditions
3. Appendix to Conditions
4. Annexes:
Annexure A. Scope of SERVICES:
Annexure B. Time Schedule and SERVICE PROVIDERT’S Resources:
1. Key Dates
2. Overall Time Schedule
3. SERVICE PROVIDERT’S Proposed Work Plans and
Methods
4. Personnel and Project Organisation
5. Technical Evaluation Criteria
Annexure C. Services Provided by ADAFSA
Annexure D. Bills of Quantities/ Pricing Schedule:
1. General Provisions, Pricing Details and Notes
2. Bills of Quantities/ Pricing Schedule (Unpriced Part)
Annexure E. Form of Performance Bank Guarantee
Annexure F. Completion Certificate and Release Letter:
1. Completion Certificate
2. Release Letter
Section V of V: Attachments
3.1.8 It shall be noted that some Annexes contained in Section III are required to be
completed by the TENDERER(S). The TENDERER(S) shall complete the Tender
Invitation Package according to all instructions given. Non-compliance may
result in ADAFSA not considering the submitted TENDER.
The TENDERER(S) shall give preference to the purchase of materials, equipment
and services from Abu Dhabi.
3.1.9 In addition to preparing an offer based on ADAFSA’s Tender Invitation Package,
should the TENDERER(S) so wish, it may offer an alternative(s) differing from
ADAFSA’s stated requirements, wherever the TENDERER(S) considers that this
may be advantageous to ADAFSA. In this event, the TENDERER(S) shall clearly
indicate all differences of whatever nature from ADAFSA’s stated requirements.
3.1.10 The TENDERER shall acknowledge receipt of the Tender Invitation Package and
its intentions to Tender by a letter/E-mail, or otherwise by returning the
Tenderer’s Response Form provided herewith.
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EXAMINATION OF TENDER INVITATION PACKAGE & EXPLANATION TO TENDERER(S)
3.1.11 The TENDERER(S) shall be fully responsible for examining, with appropriate care,
the complete Tender Invitation Package including all addenda and shall be
responsible for informing itself with respect to all conditions which might in any
way affect the cost or the performance of SERAVICES. Failure to do so shall be
at the sole risk of the TENDERER(S) and no relief can be given for error or
omission by the TENDERER(S).
3.1.12 Should the TENDERER(S) find discrepancies in or omissions from the Tender
Invitation Package, or should their intent or meaning appear unclear, incomplete
or ambiguous, or should any other question arise relative to the Tender
Invitation Package, the TENDERER(S) shall notify ADAFSA of such findings in
writing at ADAFSA’S address indicated in the Tendering Data. The TENDERER(S)
making such notification shall be solely responsible for its timely receipt by
ADAFSA. ADAFSA shall not accept any notifications/clarification requests
submitted within seven (7) days of the tender submission date. Replies to such
notifications shall be made in the form of addenda to the Tender Invitation
Package.
AMENDMENT OF TENDER INVITATION PACKAGE
3.1.13 At any time prior to the deadline for submission of Bids, ADAFSA may amend the
Tender Invitation Package by issuing Addenda. Any Addendum thus issued shall
be part of the Tender Documents pursuant to Sub-Clause 3.1.7 and shall be
communicated in writing to all bidders. Prospective Bidders shall promptly
acknowledge receipt of each Addendum by cable to ADAFSA.
3.1.14 If Bidders do not have sufficient time to submit or/and implement their
modifications due to amendment, ADAFSA might extend as necessary the
deadline for submission of Tenders, in accordance with Sub-Clause 3.1.33.
PREPARATION AND SUBMISSION OF TENDERS
3.1.15 All TENDERS, completed as required, shall be submitted to ADAFSA in wax sealed
envelopes as outlined in Attachment I, "Sealed Tender Instructions" at the
address provided in the Tendering Data. The envelopes shall bear the name and
identification number of the Tender as defined in the Tendering Data.
3.1.16 The Bid, and all correspondence and documents related to the Bid exchanged by
the Bidder and ADAFSA shall be written in the Bid language stipulated in the
Tendering Data. Supporting documents and printed literature furnished by the
Bidder may be in another language provided they are accompanied by an
accurate translation of the relevant passages in the above stated language, in
which case, for purposes of interpretation of the Bid, the translation shall
prevail.
3.1.17 It shall be the responsibility of the TENDERER(S) to submit its TENDER at the
address specified in Sub-Clause 3.1.15 no later than the time and the TENDER
Submission date stipulated in the Tendering Data. Any TENDER received after
this date shall not be accepted.
3.1.18 ADAFSA shall issue a receipt to the TENDERER(S) to verify the time and date of
TENDER submission. It shall be the responsibility of the TENDERER(S) to ensure
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that this receipt shall be obtained from ADAFSA at the time of TENDER
submission.
3.1.19 TENDERER(S) shall attach to the TENDER, a copy of valid Abu Dhabi Trade License
issued by Department of Economic Development. A photocopy of the Power of
Attorney of TENDERER’S signatory or each Director or Partners authorised to
sign the TENDER and AGREEMENT shall also be attached.
3.1.20 All direct and indirect costs, of whatever nature, for preparation and
submission of TENDERER's offer, including costs associated with attending
clarification/negotiation meetings, site visits and the like, shall be to
TENDERER's account. ADAFSA will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the Bidding process.
3.1.21 The Form of Tender shall show the full legal name and business address of the
TENDERER(S) including the street address and shall be signed by the official
signature of the person or persons authorised to bind the TENDERER(S) and shall
be duly witnessed and dated.
3.1.22 TENDERER(S) shall complete the relevant Annexes contained in Section III of the
Tender Documents where indicated.
3.1.23 TENDERS shall be submitted in three separate Packages in a sealed and waxed
envelopes as follows:
Package/Envelope 1: Technical – Un Priced proposal and shall contains: -
- Submission letter – signed and stamped - stating that bidder agree on all ADAFSA
terms and Conditions mentioned in this tender package
- Trade License and Copy of the power of Attorney.
- Copy of the Original Bid bond.
- Technical Proposal Original Copy (Printed pages) signed and stamped by bidder
(That includes method statement, key dates, key personnel, etc).
- Technical Proposal Copy (Printed pages).
- Two Soft Copies of Tenderer’s Technical Proposal. (2 CDs).
- The un-priced Bills of Quantities/Schedule for the SERVICES (Annexure I of
Section III). Some Annexes are to be dully completed as required by the
TENDERER(S)
Package/ envelop 2: Financial / Priced proposal and shall contains: -
- One (1) Original stamped and signed, one (1) Copy and Two (2) CDS of commercial
offer.
- Section IV: Bills of Quantities/Pricing Schedule for the SERVICES. The pricing should
be completed in full by the TENDERER(S).
- Certification that Tender is in accordance or otherwise with Tender Invitation
Package in accordance with clause 3.1.37 of this Section.
Package / Envelop 3 shall be submitted in a loose envelope, marked "TENDER
BOND” and contains:
- The original Tender Bid Bond as Per the TENDER SECURITY clause 3.1.33 and
form.
3.1.24 A Bidder who submits or participates in more than one Bid (other than
alternatives pursuant to Sub-Clause 3.1.9) will be disqualified.
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ADAFSA 'S RIGHT OF SELECTION
3.1.25 ADAFSA shall not be bound to accept the lowest TENDER for the SERVICES or any
other TENDER, nor shall it be bound to assign any reason for rejection of a
TENDER.
CONFIDENTIALITY OF DOCUMENTS
3.1.26 The TENDERER(S) shall treat the Tender Invitation Package and the contents
therein as private and confidential. If, at any time during the TENDER
preparation period, the TENDERER(S) decides to decline the Invitation to Tender,
all the Tender Invitation Packages shall be immediately returned to the address
for return of TENDERS.
CAUTION AND DISCLAIMER
3.1.27 The TENDERER(S) shall make its own interpretation of any and all information
included in the Tender Invitation Package. Neither ADAFSA nor its designated
representative shall be responsible for the accuracy or completeness of such
information or interpretation.
3.1.28 The TENDERER(S) shall be responsible for obtaining and verifying all necessary
data and such information as is provided in the Tender Invitation Package shall
be confirmed by the TENDERER(S). TENDERER(S) shall verify, on its own
responsibility, the laws and regulations in Abu Dhabi which apply to the
performance of the SERVICES, including the provisions of Boycott of Israel.
3.1.29 Any failure or neglect to carry out these verifications and investigations shall not
absolve the TENDERER(S) from any of its obligations under the requirements of
the Tender Invitation or any AGREEMENT subsequently executed.
PROVISIONS OF THE FORM OF AGREEMENT
3.1.30 The provisions of the Form of AGREEMENT in the Tender Invitation Package shall
not be subject to exceptions, alterations or revisions.
CURRENCY OF THE TENDER
3.1.31 The currency (ies) of the Tender shall be in UAE Dirhams unless otherwise
specified in the Tendering Data.
VALIDITY OF TENDER
3.1.32 The TENDER shall remain valid for the period stipulated in the Tendering Data
from the date fixed for the submission of TENDERS and may be accepted at any
time up to and including that date.
In exceptional circumstances, prior to expiry of the original Tender validity period,
ADAFSA may request that the Bidders extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing. The
TENDERER will not be required or permitted to modify its Bid but will be required to
extend the validity of its Tender security for the period of the extension, and in
compliance with Sub-Clause 3.1.34 in all respects.
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TENDER SECURITY
3.1.33 The TENDERER(S) shall submit a Tender Security in the form attached herewith
in the amount and currency stipulated in the Tendering Data. The Tender
Security shall be drawn on a Bank in Abu Dhabi and shall remain valid for the
period stipulated in the Tendering Data from the dated fixed for submission of
the TENDERS as noted in Sub-Clause 3.1.32-33. The successful TENDERER(S) shall
extend the validity of the Tender Security until receipt by ADAFSA of the
Performance Bank Guarantee for the amount to be defined at the time of
awarding. The Tender Security shall be submitted with the "UNPRICED TENDER"
and attached to Package 1 of the same.
ADAFSA shall advise the TENDERER(S), in writing, when there is a need to extend the
validity of the Tender Security.
The cost of the Tender Security as well as its extensions - shall be borne by the
ENDERER(S).
3.1.34 ADAFSA shall return to unsuccessful TENDERER(S) their Tender Security within
thirty (30) calendar days after the receipt of a formal acceptance from the
successful TENDERER(S) to ADAFSA 'S letter/facsimile of award except for such
amounts which shall have been forfeited in accordance with Tender Invitation
Package.
JOINT VENTURE
3.1.35 TENDERER who wishes to enter into Joint Venture with other partners shall seek
ADAFSA’S approval at least two weeks prior to Bid closing date. TENDERS
submitted by Joint Ventures shall comply with the following requirements:
A. The TENDER shall be signed by all Partners so as to be legally binding on each
member of the Joint Venture.
B. A copy of the Joint Venture Agreement that has been entered into by all
Partners, shall accompany the TENDER.
C. Such Joint Venture Agreements shall provide the following:
1. The Partners of the Joint Venture shall be liable jointly and severally for the
execution of the AGREEMENT in accordance with the terms of the
AGREEMENT and in the event that any one of the Partners ceases to be a
member of the Joint Venture or goes into liquidation, then the surviving
Partner(s) shall have the full obligation to carry out and complete the
AGREEMENT and shall be empowered to use all necessary facilities
furnished by any party in the Joint Venture and shall be entitled to have any
subcontract assigned to it.
2. The name of the Partner nominated to act under every respect, as Manager
of Joint Venture.
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CERTIFICATION
3.1.36 TENDERER(S) shall certify in both the Un-priced and Priced proposal EITHER: -
I. "Our TENDER is in exact accordance with the stated requirements of the Tender
Invitation Package with no exceptions".
OR
II. "Our TENDER is in exact accordance with the stated requirements of the Tender
Invitation Package with no exceptions other than as listed below".
EXECUTION OF AGREEMENT
3.1.37 Subject as noted in Sub-Clause 3.1.25 above and after consideration of price and
other factors, an AGREEMENT shall be executed with the successful TENDERER.
3.1.38 The right shall be reserved, as the interest of ADAFSA shall require to reject any
or all TENDERS and to waive any informality in the TENDERS received.
SITE VISIT AND CONDITIONS – If Applicable
3.1.39 In addition to the examination of the Tender Invitation Package, each prospective
TENDERER(S) shall make whatever other arrangements are necessary to become
fully informed regarding all existing and expected conditions and matters which
might in any way affect the cost or the performance of any of the SERVICES. The
Bidder is advised to visit and examine the Site of SERVICES and its surroundings
and obtain for itself on its own responsibility all information that may be
necessary for preparing the bid and entering into a Contract for the performance
of the SERVICES.
Any failure to fully investigate the SITE or the foregoing conditions however shall
not relieve the TENDERER(S) from responsibility for estimating properly the
difficulty or cost of successfully performing the SERVICES.
The cost of the SITE visit including transportation shall be borne by the
TENDERER(S).
3.1.40 The Bidder and any of its personnel or agents will be granted permission by
ADAFSA to enter upon its premises and lands for the purpose of such visit, but
only upon the express condition that the Bidder, its personnel, and agents, will
release and indemnify ADAFSA and its personnel and agents from and against all
liability in respect thereof, and will be responsible for death or personal injury,
loss of or damage to property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.
3.1.41 ADAFSA may conduct a Site visit concurrently with the Pre-Bid meeting referred
to in Sub-Clauses 3.1.43 to 3.1.46.
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3.1.43 The Bidder is requested, as far as possible, to submit any questions in writing,
to reach ADAFSA not later than one week before the meeting. It may not be
practicable at the meeting to answer questions received late. Minutes of the
meeting, including the text of the questions raised and the responses given,
together with any responses prepared after the meeting, will be transmitted
without delay to all TENDERERS.
3.1.44 Any modification of the Bidding Documents listed in Sub-Clause 3.1.7 which may
become necessary as a result of the Pre-Bid meeting shall be made by ADAFSA
through the issue of an Addendum pursuant to Sub-Clause 3.1.13.
3.1.45 Non-attendance at the Pre-Bid meeting will not be a cause for disqualification of
a Bidder.
RETURN OF DOCUMENTS BY TENDERER(S)
3.1.46 All Tender Invitation Package, being the property of ADAFSA, shall be returned
by the unsuccessful TENDERER(S) to the address to which TENDERS were
submitted as shown in the Tender Invitation.
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3.2 TENDERING DATA
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3.2. TENDERING DATA
The following specific data for the SERVICES to be procured shall complement, amend,
or supplement the provisions in the Instructions to Tenderer(s). Whenever there is a
conflict, the provisions herein shall prevail over those in the Instructions to Tenderer(s).
Instructions to Description
TENDERER(S)
Clause Ref. No.
3.1.1 NAME AND ADDRESS OF ADAFSA:
ABU DHABI AGRICULTURE AND FOOD SAFETY AUTHORITY
{ADAFSA}
P. O. Box: 52150
Abu Dhabi – U. A. E.
Tel. +971 2 8181187
Fax +9712 5886666
3.1.12 & 3.1.15 ADAFSA’S ADDRESS FOR THE PURPOSE OF TENDERING AND
TENDER SUBMISSION:
ABU DHABI AGRICULTURE AND FOOD SAFETY AUTHORITY
{ADAFSA }, floor 12
P. O. Box: 52150
Abu Dhabi – U. A. E.
Tel. +971 2 8181187
Fax +9712 5886666
3.1.15 TENDER DETAILS:
TENDER No: 6811003461
TENDER NAME: Implementation & Support of
Food Import and Export Management System (FIEMS)
3.1.16 BID LANGUAGE:
The Language shall be English Or Arabic
3.1.17 TENDER SUBMISSION DATE:
The time and date shall be the same as that mentioned and given in
the Tender invitation and /or Newspaper advertisement, unless
subsequently amended pursuant to Sub-Clause 3.1.14.
3.1.31 CURRENCY OF THE TENDER:
It shall be UAE Dirhams.
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3.1.32 PERIOD OF TENDER VALIDITY:
One Hundred Twenty (180) Days from the date fixed for the
submission of TENDERS.
3.1.34 AMOUNT AND CURRENCY OF TENDER SECURITY- Bid Bond:
AED 65,000.00 - “Sixty-Five Thousand Dirhams”
3.1.43 PLACE, TIME, AND DATE OF THE PRE-BID SUBMISSION
CONFERENCE MEETING:
(Not Applicable).
3.1.12 Deadline for requesting clarifications from the ADAFSA: 30/09/2019
Last date for issuing clarifications by the ADAFSA: 03/10/2019
Deadline for submission of proposals: 15/10/2019
*Bidders can send their clarifications to:
ashraf.albarasy@ADAFSA.GOV.AE
*Note: NDA Must be signed by all bidders before ADAFSA issue the
Clarifications Answers.
8. ADAFSA reserves the right to amend the entire contents of the
CONTRACT by increasing, decreasing or omitting any work included
in the AGREAMENT within the limit of Thirty (25%) percent of the
CONTRACT PRICE.
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3.3 ATTACHMENTS:
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ATTACHMENT 1 : SEALED TENDER INSTRUCTIONS
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2) Submission letter stating that bidder agree and in comply with all terms and
conditions mentioned in the tender package.
3) (1) Original of the following documents: -
• Invitation to Tender (Section I) initialled and stamped.
• Conditions of AGREEMENT and Annexes (Section III) initialled and stamped,
with Annexure ‘B’ requiring completion for technical evaluation.
• A complete copy of the Bills of Quantities & Price Schedule (Annexure D) of
Sub-Section III-4) with NO rates or prices to be shown in the ‘RATE’ &
‘TOTAL’ columns. All pages of this un-priced BOQ should be duly stamped
and initialled.
• Enclose a copy, duly stamped and initialled, of all clarification document(s),
if any, issued by ADAFSA prior to the TENDER Submission Date.
• (1) Original, One (1) Copy and Two (2) CDS of the Tenderer’s technical
submission (That includes method statement, key dates, key personnel.
ect).
4) Copies of the following: -
• Valid Trade Licence.
• Relevant Power of Attorney with specimen signature(s).
• Joint Venture Agreement (where applicable).
5) Original Certification that Tender is in accordance or otherwise with Tender
Invitation Package in accordance with clause 3.1.37 of this Section.
PRICED TENDER
The envelope marked PRICED TENDER must contain the following: -
1) One (1) original, One (1) copy and Two (2) CDS of the Bills of Quantities & Pricing
Schedule (Section IV) requiring pricing for commercial evaluation.
2) A copy of Certification that Tender is in accordance or otherwise with Tender
Invitation Package in accordance with clause 3.1.37 of this Section. The original
should be submitted as part of the Un-Priced Package.
3) A copy of the Tender Security.
BID BOND
- The envelope marked BID BOND must contain the original Tender
Bond / Bid Bond as per the form 4.2 (Tender Security Form) with the
amount specified in 3.1.34 (Tendering Data)
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4. TENDER FORMS
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4.1 FORM OF TENDER
To: Contracts & Procurement
ABU DHABI AGRICULTURE AND FOOD SAFETY AUTHORITY {ADAFSA}
P. O. Box: 52150
Abu Dhabi – U. A. E.
Tel. +971 2 8181187
TENDER NAME:
Dear,
1. Having carefully examined all the Tender Invitation Package as per your Invitation
Ref. ................... dated….... /.... /2019 we, the undersigned, offer to carry out the SERVICES
in strict conformity with the said Documents within the sum and rates quoted by us as per
Package 2 attached herewith.
2. We undertake, if our TENDER shall be accepted, to commence and complete the SERVICES
at SITE within the time stipulated in Section III, Annexure ‘B’- Time Schedule, attached
herewith.
If our TENDER shall be accepted, we shall obtain a guarantee from a Bank approved by
you, in the sum equivalent to Five percent (5%) of the mutually agreed CONTRACT PRICE
for the due performance of the AGREEMENT.
3. We agree to abide by this TENDER for a period of One Hundred Eighty (180) days from the
date fixed for the submission of TENDERS and it shall remain binding upon us and shall be
accepted at any time before the expiration of that period.
4. Unless and until a formal AGREEMENT shall be prepared and executed, this TENDER,
together with your written acceptance thereof, shall constitute a binding contract between
us.
5. We understand that you are not bound to accept the lowest or any TENDER which you
shall receive.
Signature __________________________________________________
Signed by __________________________________________________
Messrs. ____________________________________________________
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4.2 FORM OF TENDER SECURITY
[TO BE TYPED IN ORIGINAL ON BANKER’S LETTER HEAD]
TENDER NAME:
We undertake to pay to you the said amount or part thereof at your first written demand
without warning or any restriction or condition and without recourse and notwithstanding
any objection from the said Messrs: ______________________
This guarantee shall remain valid for a period of One Hundred Eighty (180) days starting
from _________ being the date fixed for the submission of Tenders and all demands for
payment shall be received by us within the said period.
THE BANK
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SECTION II of V
Form of AGREEMENT
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FORM OF AGREEMENT
TENDER NAME:
TENDER No.
(NOTE TO TENDERERS: PLEASE DO NOT FILL OUT THE BLANKS IN THIS FORM
DURING THE TENDERING STAGE)
THIS AGREEMENT MADE IS ENTERED TO AND MADE IN ABU DHABI U.A.E. THIS
…....………................... DAY OF…......... YEAR TWO THOUSAND AND ……………… BUT
EFFECTIVE FROM THE …………… DAY OF …………., YEAR TWO THOUSAND AND ----------
----------- .
BY AND BETWEEN
ABU DHABI AGRICULTURE AND FOOD SAFETY AUTHORITY (ADAFSA) duly
organised under the laws of Abu Dhabi, having its postal address as P.O. Box 52150,
Abu Dhabi, U.A.E. (hereinafter referred to as “ADAFSA”, which expression shall, where
the context so permits, include its successors-in-interests and assignees) of the one
part;
AND
[SERVICE PROVIDERT’S NAME] M/s.………………………… duly organised under the laws
of Abu Dhabi, and operating through its branch in Abu Dhabi with Municipality Trade
License No. ________ and Commercial Registration No. _________ in Abu Dhabi Chamber of
Commerce and Industry – Membership No. __________, having its postal address as P.O.
Box …………, Abu Dhabi, U.A.E. (hereinafter referred to as “SERVICE PROVIDERT” which
expression shall, where the context so permits, include his successors-in-interest and
assignees) of the other part.
WHEREAS
1. ADAFSA desires to have certain specialised SERVICES performed as hereinafter
specified.
2. SERVICE PROVIDER represents that he has the necessary experience, capability
and competent personnel to carry out such SERVICES, and is willing to do so on
the terms and conditions herein contained.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. In this AGREEMENT, words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of the AGREEMENT
hereinafter referred to, except where the context otherwise requires.
2. The following documents, which are listed in accordance with their order
of priority, shall be deemed to form and be read and construed as part of
this AGREEMENT:
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4. ADAFSA hereby covenants to pay the SERVICE PROVIDER in consideration of
the execution and completion of the SERVICES and the remedying of defects
therein the CONTRACT PRICE of Dirhams __________________ (Dhs. ___________) or
such other sum as may become payable under the provisions of the
AGREEMENT at the times and in the manner prescribed by the AGREEMENT.
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IN WITNESS WHEREOF, THE PARTIES HERETO HAVE ENTERED INTO THIS AGREEMENT
AS OF THE DAY AND YEAR ABOVE WRITTEN.
____________________________________________________
By :
Title :
Date :
____________________________________________________
By :
Title :
Date :
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SECTION III of V
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SECTION III of V
Conditions of AGREEMENT and Annexes
Contents
1. General Conditions
Article 1 : Definitions
Article 2 : Scope of SERVICES
Article 3 : Duration and Schedule
Article 4 : Performance of SERVICES
Article 5 : Services to be provided by ADAFSA
Article 6 : Service Provider Representatives
Article 7 : Financial Entitlements
Article 8 : Variation
Article 9 : Taxes and Duties
Article 10 : Performance Bank Guarantee
Article 11 : Confidentiality
Article 12 : Liability, Indemnity and Insurance
Article 13 : Applicable Law
Article 14 : AGREEMENT Interpretation & Entire AGREEMENT
Article 15 : Assignment
Article 16 : Suspension
Article 17 : Termination
Article 18 : Subcontracting
Article 19 : Independent SERVICE PROVIDER
Article 20 : Conflict of Interest
Article 21 : Force Majeure
Article 22 : Liens and Claims
Article 23 : Waiver
Article 24 : Copyright
Article 25 : In Case of Demise of SERVICE PROVIDERT
Article 26 : Notices and Addresses
Article 27 : Completion
Article 28 : Bankruptcy
Article 29 : Optional Items
2. Special Conditions
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3. Appendix To Conditions
4. Annexes:
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1. GENERAL CONDITIONS
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GENERAL CONDITIONS
1. DEFINITIONS
For the purpose of this AGREEMENT, the words and expressions listed hereunder shall
have the meanings hereby assigned to them except where the context otherwise
requires:
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SITE means all the lands/areas and other places on, under, in or
through which the SERVICES are to be executed, and any
other land/areas or places provided by ADAFSA, for the
purpose of carrying out the scope of SERVICES; and as
summarised in the Appendix to Conditions.
2. SCOPE OF SERVICES
3.1 This AGREEMENT shall come into force on the effective date above written in the Form
of AGREEMENT and shall continue until SERVICE PROVIDER has completed the
SERVICES, as approved by ADAFSA and as evidenced by the signature by ADAFSA of the
COMPLETION CERTIFICATE, subject to the provisions for earlier termination contained
in Article 17.
3.2 The SERVICES shall be commenced and be completed in accordance with the
SCHEDULE, as set forth in ‘Annexure B’.
a) SERVICE PROVIDER shall pay to ADAFSA, except in case of Force Majeure and /or due
to ADAFSA s default, delay penalty for his failure to meet the date of completion of
SERVICES as defined in the SCHEDULE. Payment of delay penalty hereunder shall be as
stated in the Appendix to Conditions.
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b) ADAFSA may, without prejudice to any other method of recovery, deduct the amount of
such delay penalty from any monies due or which may become due to SERVICE
PROVIDERT.
c) The payment of such penalty shall not relieve SERVICE PROVIDER from the obligation
to complete the SERVICES or from any of SERVICE PROVIDER other obligations and
liabilities under this AGREEMENT.
4. PERFORMANCE OF SERVICES
4.1 SERVICE PROVIDER warrants that he shall perform the SERVICES in a professional and
highly skilled manner consistent with such good industry practices as are customarily
employed and are in accordance with established codes and standards and meet the
requirements stated in the AGREEMENT.
4.2 In the event of any discrepancy, error or deficiency in the SERVICES, ADAFSA shall notify
SERVICE PROVIDER in writing of the same and SERVICE PROVIDER shall:
b) Indemnify ADAFSA for the resulting material damages, losses or costs incurred
or suffered by SERVICE PROVIDER provided that such damages, losses or costs
are attributable to the discrepancy, error or deficiency in the SERVICES or the
performance thereof by or on behalf of SERVICE PROVIDERT.
4.3 If SERVICE PROVIDER fails to meet his warranty obligations or to perform the
SERVICES or rectify or remedy any defects or deficiencies in the SERVICES all as
specified in sub-article 4.2 hereof within a reasonable time after receipt of a written
notice by ADAFSA to do so, then ADAFSA shall re-perform the SERVICES or rectify or
remedy the defects or deficiencies or procure others to do so and SERVICE PROVIDER
shall bear all costs incurred as a result thereof and ADAFSA shall be entitled to deduct
the whole or any cost so incurred from any monies due SERVICE PROVIDER under this
AGREEMENT.
4.4 SERVICE PROVIDER warrants that the personnel assigned by him under this
AGREEMENT will be skilled, experienced and specialist in their respective fields and
capable of doing the work required from them. If ADAFSA ascertains that an employee
of SERVICE PROVIDER or sub-contractor misbehaves or is inefficient or unsuitable in
regard to his qualifications or experience, or neglects his obligations or becomes
undesirable for any other reason, SERVICE PROVIDER shall immediately evict such
person from SITE if required by ADAFSA, and he shall be replaced by an acceptable and
qualified person. If the repatriation of such a person becomes necessary, then SERVICE
PROVIDER shall incur all expenses resulting there from regardless of the reasons
therefore. This action shall not exempt SERVICE PROVIDER from any of his obligations
under the AGREEMENT, nor shall it entitle him to claim any compensation.
4.5 SERVICE PROVIDER shall submit to ADAFSA for review and approval the Curriculum
Vitae of his personnel assigned to carry out the SERVICES. ADAFSA may then or at any
time during the continuance of this AGREEMENT request SERVICE PROVIDER to
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propose substitutes for any of SERVICE PROVIDERT's personnel assigned as aforesaid
and SERVICE PROVIDER shall promptly comply with such request.
4.6 SERVICE PROVIDER shall promptly review all data, information, designs and drawings
provided by ADAFSA hereunder and promptly bring to the attention of ADAFSA in
writing all things which in SERVICE PROVIDERT's opinion appear to be deficiencies,
inaccuracies, omissions, contradictions or ambiguities in such data, information,
designs and drawings.
4.7 Where any part of the SERVICES is required to be performed in the Emirate of Abu
Dhabi, the following conditions shall apply:
4.7.1 ADAFSA shall allow SERVICE PROVIDER access to so much of the SITE where
the SERVICES are to be carried out as ADAFSA may determine and shall advise
SERVICE PROVIDER of ADAFSA's rules and regulations regarding safety,
personnel and vehicle movements on its properties and SERVICE PROVIDER
shall comply with such rules, regulations and limitations.
4.7.2 ADAFSA normal working hours are 40 hours per week spread over five days;
Sunday through Thursday. Friday and Saturday as well as Official Holidays
shall be off-days.
4.7.3 SERVICE PROVIDER shall be responsible for and shall obtain the approval of
ADAFSA prior to the performance of the SERVICES. Whenever performance of
the SERVICES on ADAFSA 's property or at its facilities coincides with the
activities or operations of others for ADAFSA, SERVICE PROVIDER shall first
obtain ADAFSA 's prior approval of the sequence and scheduling of the
SERVICES and shall not interfere with operations or facilities except to the
extent of such approval.
4.7.4 ADAFSA shall have the right at all reasonable times to supervise the
performance of the SERVICES by SERVICE PROVIDERT. The supervision of the
SERVICES by ADAFSA shall not be deemed acceptance thereof by ADAFSA, and
shall not relieve SERVICE PROVIDER from any of his obligations set forth in this
AGREEMENT.
4.7.5 SERVICE PROVIDER and his employees shall comply with ADAFSA 's rules and
regulations (including any subsequent changes or instructions as may be issued
from time to time) concerning health, safety, security and welfare.
4.7.6 Unless otherwise agreed between the PARTIES, SERVICE PROVIDER hall be
solely responsible for and, where applicable, shall provide at his sole cost and
expense all passports, visas, no objection certificates, work permits, residence
visas, certificates of medical fitness, drivers licences, security passes, and all
other permits and documentation as may be required for his employees to
perform the SERVICES.
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permits by furnishing to SERVICE PROVIDER letters of support as may be
necessary addressed to the relevant authorities.
The provision of such letters shall not relieve SERVICE PROVIDER from his
obligations to obtain the security passes, visas and to commence the SERVICES
in accordance with this AGREEMENT.
Upon the occurrence of any infectious disease at SITE, SERVICE PROVIDER shall
immediately inform the competent health authority of the name and address of
the patient and shall report the absence or repatriation of the patient due to the
infectious disease.
4.7.8 SERVICE PROVIDER hall have no claim for extra payment nor shall he be
relieved or excused from any obligation under this AGREEMENT as a result of
any lack of knowledge as to the nature of the SITE, means of access, local
facilities, labour conditions and practices, or similar matters affecting
performance of the SERVICES.
4.7.9 SERVICE PROVIDER hall give preference to the employment of UAE nationals.
6. SERVICE PROVIDERREPRESENTATIVES
6.1 Upon coming into force of this AGREEMENT, SERVICE PROVIDER shall designate a
competent authorised representative acceptable to ADAFSA to represent and act for
SERVICE PROVIDER (hereinafter referred to as SERVICE PROVIDERT’s Representative)
and shall inform ADAFSA in writing of the name and address of such representative
and the scope of his authority. All notices, determinations, directions, instructions and
other communications given to SERVICE PROVIDERT’s authorised representative by
ADAFSA shall be deemed to be given to SERVICE PROVIDER as to all matters pertaining
to this AGREEMENT and the performance of the PARTIES hereunder. SERVICE
PROVIDER shall not change the SERVICE PROVIDERT’s Representative without written
approval of ADAFSA.
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6.2 ADAFSA shall appoint and maintain an individual who shall be authorized to act on
behalf of ADAFSA (hereinafter referred to as ADAFSA’s Representative) and with
whom SERVICE PROVIDER may consult at any reasonable time and whose instructions,
requests and decisions will be binding upon ADAFSA as to all matters pertaining to this
AGREEMENT and the performance of the PARTIES hereunder.
7. FINANCIAL ENTITLEMENTS
7.2 INVOICING
SERVICE PROVIDER shall submit to ADAFSA detailed invoices in respect of the
SERVICES. Invoices should be submitted in one (1) original, clearly stamped
“ORIGINAL” and three (3) copies to ADAFSA’s Finance.
a) Upon receipt of each invoice, ADAFSA shall review it and should the payment
deemed to be due under the AGREEMENT, ADAFSA shall approve the said
invoice and payment shall be made to SERVICE PROVIDER within the time
stipulated in the Appendix to Conditions, taking into consideration any
advances issued by ADAFSA.
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c) No payment shall be made by ADAFSA until receipt of the Bank Guarantee
required under Article 10 and copies of insurance policies required under this
AGREEMENT.
8. VARIATION
8.1 If a VARIATION to the SERVICES is required, ADAFSA shall initiate such VARIATION by
forwarding to SERVICE PROVIDER a written request describing the nature of the
VARIATION requested. SERVICE PROVIDER shall prepare and forward to ADAFSA a
statement of the consequences of such VARIATION to:
• SCHEDULE
• Expenses or savings anticipated
• Cost incurred by SERVICE PROVIDER for performance of such additional work.
• Anticipated benefits to be achieved.
• Impact of “not doing” the variation.
If ADAFSA decides the VARIATION should be carried out, it shall give its written
acceptance of the said statement.
8.2 The prices for the VARIATION shall be established by reference to the applicable rates
specified in the AGREEMENT or if no such rates exist, a fair valuation of the work to be
performed or to be deleted.
8.3 No VARIATION shall result where it is within the Scope of SERVICES or is due to
SERVICE PROVIDERT's failure to comply with this AGREEMENT.
8.4 If during the performance of SERVICES, SERVICE PROVIDER is of the opinion that any
instruction received from ADAFSA affecting the SERVICES should be treated as a
VARIATION, he shall notify ADAFSA in writing within 2 days, from receipt of such
instruction. The burden of demonstrating that such instruction or matter constitutes a
VARIATION shall be upon SERVICE PROVIDERT. If SERVICE PROVIDER fails to so notify
ADAFSA of its opinion, any work or SERVICES carried out pursuant to such instruction
or any other development affecting the SERVICES shall not be construed as a
VARIATION.
8.5 Notwithstanding any dispute between ADAFSA and SERVICE PROVIDER as to whether
instructions constitute a VARIATION or not, SERVICE PROVIDER shall forthwith
proceed with carrying out the SERVICES in accordance with ADAFSA 's instructions
pending settlement, as soon as possible, of whether such instructions constitute a
VARIATION or not.
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8.6 No such VARIATION shall in any way vitiate or invalidate this AGREEMENT but the
value, if any, of such VARIATION shall be taken into account in ascertaining the amount
of the AGREEMENT PRICE.
b) The parties agree that any amount referred to in this agreement is a reference to
that amount expressed on a VAT exclusive basis, unless indicated otherwise.
c) To the extent that VAT is payable by the supplier in respect of any supply made by
that party (Supplier) to another party (Recipient) under or in connection with this
agreement, the consideration to be provided under this agreement for that supply
is increased by an amount equal to the VAT exclusive consideration (or its VAT
exclusive market value if applicable) multiplied by the rate of VAT applicable to
that supply.
d) Provided that the Supplier has issued a valid Tax Invoice to the Recipient in
respect of the supply, the Recipient must pay the additional amount payable under
clause (c) to the Supplier at the same time as the VAT exclusive consideration is
otherwise required to be provided. If the Supplier has not issued a valid Tax
Invoice prior to the time the VAT exclusive consideration is payable, the Recipient
must pay the additional amount under clause (c) to the Supplier upon receipt of a
valid Tax Invoice.
e) To the extent any of the consideration for a supply made under or in connection
with this agreement is non-monetary, the parties will treat the amount of non-
monetary consideration as exclusive of VAT. The VAT amount payable for the
supply is to be paid upon receipt of a valid Tax Invoice or at such other time
agreed between the parties.
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10. PERFORMANCE BANK GUARANTEE
Within fifteen (15) days from the effective date of the AGREEMENT, SERVICE
PROVIDER shall provide ADAFSA with an irrevocable and unconditional Bank
Guarantee issued in accordance with the wording of Annexure 'E' by a bank in Abu
Dhabi acceptable to ADAFSA and payable to ADAFSA on first demand and valid up to
two months after the completion of obligations covered by this AGREEMENT.
Such Bank Guarantee shall be for an amount equal to the percentage stated in the
Appendix to Conditions, which amount shall be increased proportionally should the
said estimated CONTRACT PRICE be increased.
Such Bank Guarantee, the cost of which shall be borne by SERVICE PROVIDERT, shall
be to secure SERVICE PROVIDERT's obligations under this AGREEMENT
notwithstanding any variations, alterations or extensions of time that may be given or
agreed upon.
11. CONFIDENTIALITY
11.1 SERVICE PROVIDER undertakes during and after completion or termination of this
AGREEMENT:
b) not to use any ADAFSA confidential information for any purpose other than in
connection with the AGREEMENT;
11.2 For the purposes of this Article 11 "Confidential Information" shall mean any know-
how, as well as any other knowledge, data or information of a technical, commercial or
financial nature which is furnished to or obtained by SERVICE PROVIDER directly or
indirectly, under this AGREEMENT and which is not in the Public Domain.
11.3 SERVICE PROVIDER shall indemnify ADAFSA against all claims, liabilities, actions or
costs, (including legal expenses) arising out of infringement or alleged infringement of
any patent or copyright in connection with the SERVICES rendered under this
AGREEMENT which may be claimed by third party.
11.4 SERVICE PROVIDER all keep harmless and indemnify ADAFSA at all times from and
against all claims, proceedings and actions for or on account of any infringement by
SERVICE PROVIDER of any patent rights, design, trade mark or name or other protected
right, licensed process in respect of any part of the SERVICES and from and against all
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claims, demands, proceedings, damages, costs, charges and expenses whatsoever in
respect thereof or in relation thereto.
11.5 The obligations contained in this Article shall continue notwithstanding the completion
of the SERVICES or the termination of this AGREEMENT.
12.2 SERVICE PROVIDER shall keep ADAFSA, its servants or agents indemnified and hold
harmless against any claims, costs , actions or proceedings brought or instituted
against ADAFSA, its Employees servants or agents by any of SERVICE PROVIDERT'S
employees, servants or agents or any other party in connection with, relating to or
arising out of the performance of the SERVICES under this AGREEMENT.
12.3 Without limitation to its obligations and responsibilities during the whole period of this
AGREEMENT, SERVICE PROVIDER shall obtain and maintain at its Parent own
expenses, in the joint names of ADAFSA, SERVICE PROVIDER and its SUB-
CONTRACTORS ( if any ) .
12.4 ADAFSA shall have no responsibility whatsoever for any loss of or damage to any
property or personal effects belonging to SERVICE PROVIDERT's employees, his
servants or agents or to those of SERVICE PROVIDERT's SUBCONTRACTOR(S).
12.5 SERVICE PROVIDER shall prior to commencement of services under the Agreement
submit all original insurance policies to ADAFSA Insurance and Risk Management
Department for examination and approval, together with the evidence that the policy
premium has been paid to Insurers and shall be maintained in force throughout the
duration of the AGREEMENT. Approval by ADAFSA of any Insurer or Terms and
Conditions of Insurance submitted by SERVICE PROVIDER shall not relieve the SERVICE
PROVIDER from any of his obligations and liabilities under or arising from this
AGREEMENT or general at law.
12.6 All deductibles or liabilities in excess of the indemnities provided under the insurances
effected by SERVICE PROVIDERT/SUBCONTRACTOR shall be for the account of and
paid by SERVICE PROVIDER or its SUBCONTRACTOR ( if any ).
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12.7 The arranged insurance shall be affected with National and/or International Insurance
Company (ies) officially operating under the applicable law of UAE.
SERVICE PROVIDER shall notify ADAFSA, or person appointed, of any occurrence likely
to give rise to a claim under sub-articles above as soon as possible but in any event
within seven (7) days of such occurrence. SERVICE PROVIDER shall also submit all the
claim documents to the Insurers directly as soon as possible and in any event within
thirty (30) days of such occurrence and shall handle all claim negotiations directly with
the Insurers in co-ordination with ADAFSA for settlement of the claim. Actual
settlement of the claim/claims shall be effected by the Insurers directly to ADAFSA 's
account. Once the claim amount is settled by the Insurers, ADAFSA shall reimburse
SERVICE PROVIDER the claim amount due to SERVICE PROVIDERT.
12.9 Service Provider hereby indemnifies ADAFSA against all claims, demands, costs, charges
and expenses arising from and in respect of the risks and liabilities assumed by SERVICE
PROVIDER or SUB-CONTRACTORS( if any ) stated in the above sub-articles wherever or
not such claims, demands, costs, charges and expenses are covered under insurances
effected by SERVICE PROVIDEROR its SUB-CONTRACTOR'S ( if any ).
13.2 SERVICE PROVIDER acknowledges that the laws of the Emirates of Abu Dhabi and the
U.A.E. comprise, inter-alia, laws prohibiting the importation of products or components
originating in or manufactured, produced or furnished by nationals or residents of or
companies incorporated in Israel.
13.3 Any dispute, claim or difference arising out of or related to this AGREEMENT or breach
thereof shall first be referred to the parties for an amicable settlement and shall, in the
event such referral fails, be finally settled by the courts of Abu Dhabi in accordance with
Abu Dhabi laws.
14.2 This AGREEMENT, including the Annexures attached hereto, embodies the entire
agreement between SERVICE PROVIDER and ADAFSA with respect to the SERVICES.
The PARTIES shall not be bound by or be liable to any statement, representation,
promise, inducement or understanding of any kind or nature not set forth herein. No
changes, amendments or modifications of the terms or conditions of the AGREEMENT
shall be valid unless reduced to writing and signed by the PARTIES.
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15. ASSIGNMENT
15.1 SERVICE PROVIDER shall not assign or transfer the AGREEMENT, or any part thereof nor
shall he assign or transfer any share or interest therein in any manner or degree without
the prior written consent of ADAFSA. Notwithstanding any assignment to which
ADAFSA has given consent, SERVICE PROVIDER shall remain responsible to ADAFSA for
the proper performance by the assignee of the SERVICES.
15.2 ADAFSA shall have the right to assign or transfer the AGREEMENT or any part thereof
or any share or interest therein without the consent of SERVICE PROVIDER but
ADAFSA shall inform SERVICE PROVIDER of such event.
16. SUSPENSION
16.1 ADAFSA shall have the right to suspend partly or as a whole at any time the
performance of the SERVICES. In such event, ADAFSA shall pay to SERVICE PROVIDER
any justified costs incurred by SERVICE PROVIDER by reason of such suspension to the
exclusion of any other direct, indirect, or consequential damages or loss of anticipated
profits which may be occasioned on account of such suspension.
16.2 Notwithstanding any dispute arising between SERVICE PROVIDER and ADAFSA during
the execution of the SERVICES, SERVICE PROVIDER shall bind himself not to suspend or
delay for any reason the performance of all or any part of the SERVICES.
17. TERMINATION
17.1.1 ADAFSA shall have the right to terminate this AGREEMENT by means of issuing a thirty
(30) days’ notice by a registered letter to be served by ADAFSA to SERVICE PROVIDERT,
at his address stated in AGREEMENT, in, but not limited to any of the following cases:
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(iv) If SERVICE PROVIDER tries to deceive or defraud in its
dealings with Employer.
c. In the case that ADAFSA and the CONTRACTOR/ SERVICE PROVIDER came to
an agreement on how to remedy the defect within the notice period, then the
termination shall be considered as void. However, if ADAFSA refuses the
suggested remedy then the notice period shall be in full effect and clause 12.1.2
shall be applicable at the time of the expiry of the notice period.
In the event of termination for cause by Employer the following steps shall be followed:
17.1.2.2 ADAFSA shall directly execute the incomplete WORKS/SERVICES or any part
thereof, at the expense of CONTRACTOR/ SERVICE PROVIDER, or the
remaining WORKS/SERVICES may be re-tendered or awarded to any other
CONTRACTOR/ SERVICE PROVIDER. CONTRACTOR/ SERVICE PROVIDER
shall pay the price difference and will not be eligible for any savings that may
be realised. Further, CONTRACTOR/ SERVICE PROVIDER is to meet the
administration costs arising from such procedures which are estimated at
ten per cent (10%) of the value of the WORKS/SERVICES not completed by
CONTRACTOR/ SERVICE PROVIDER.
17.1.2.3 ADAFSA has the right to evict CONTRACTOR/ SERVICE PROVIDER from the
SITE and seize all temporary structures, buildings, constructional plants,
equipment, materials, goods, etc., which are at SITE, and use them for the
completion of the WORKS/SERVICES without being responsible to
CONTRACTOR/ SERVICE PROVIDER or any other party for any damage or
loss, for whatever reason, that may be inflicted thereupon or pay rent for the
same. ADAFSA may retain such structures, buildings, constructional plants,
instruments, materials and goods even after the completion of the
WORKS/SERVICES, in security of its rights, and sell them without being
answerable for any loss that may be incurred by CONTRACTOR/ SERVICE
PROVIDER as a result of this. ADAFSA also has the right to recover all
expenses and charges incurred in excess of the value of the CONTRACT from
any amounts due to CONTRACTOR/ SERVICE PROVIDER from ADAFSA or
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from any other government authority, in addition to its right to claim any
compensation for any damages that may be incurred by ADAFSA.
17.1.2.4 ADAFSA may withdraw and negotiate the Performance Bank Guarantee and
deposit the same in favour of ADAFSA until the final settlement of the
account of CONTRACTOR/ SERVICE PROVIDER.
17.1.2.5 ADAFSA may act on behalf of CONTRACTOR/ SERVICE PROVIDER in
agreements concluded by CONTRACTOR/ SERVICE PROVIDER for the supply
of any materials or execution of any WORKS/SERVICES provided for within
the scope of the CONTRACT.
17.1.2.6 The above provisions shall not prejudice ADAFSA's right to delete the name
of CONTRACTOR/ SERVICE PROVIDER, from whom the WORKS/SERVICES
have been terminated, from CONTRACTOR/ SERVICE PROVIDER's register
kept at ADAFSA or suspend dealing with him for a limited period determined
by ADAFSA.
17.1.3.1 All rights and obligations of the Parties will cease to have effect immediately
upon termination of the Agreement except that termination will not affect:
17.1.3.1.1 ADAFSA shall make an inventory, within fifteen (15) days from the date
of the notice of termination of the WORKS/SERVICES, of all the
WORKS/SERVICES completed together with all constructional plants,
instruments, equipment and materials supplied to the site by
CONTRACTOR/ SERVICE PROVIDER. CONTRACTOR/ SERVICE
PROVIDER shall be informed, through a registered letter, of the date of
the inventory.
17.1.3.1.2 A minute of the inventory shall be made in the presence of both
PARTIES or the representatives of both parties. If CONTRACTOR/
SERVICE PROVIDER or his engineer does not participate or refuses to
sign the minute of the inventory, the same shall be noted therein and
CONTRACTOR/ SERVICE PROVIDER informed at the address
mentioned in the AGREEMENT. If CONTRACTOR/ SERVICE PROVIDER
does not inform ADAFSA, in writing, of his comments thereon, within
seven (7) days of the receipt of such notice, such a failure shall be
considered as agreement of CONTRACTOR/ SERVICE PROVIDER in
respect of the correctness of the inventory and the decision of ADAFSA
in regard to any objections or comments made by CONTRACTOR/
SERVICE PROVIDER in this connection shall be final.
17.1.3.1.3 Delay penalty shall be calculated in accordance with the AGREEMENT
and up to the date on which notice of termination of the
WORKS/SERVICES is served on CONTRACTOR/ SERVICE PROVIDER.
17.1.3.1.4 Any retentions from or amounts due to CONTRACTOR/ SERVICE
PROVIDER may be withheld until the final settlement of
CONTRACTOR/ SERVICE PROVIDER's accounts.
17.1.3.1.5 Settlement of CONTRACTOR/ SERVICE PROVIDER's account shall be
made and the dues to him, after the deduction of all dues and amounts
resulting from the termination of the WORKS/SERVICES, shall be paid
to CONTRACTOR/ SERVICE PROVIDER.
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17.1.3.2 SERVICE PROVIDER will provide exit assistance in accordance with
arrangements to be agreed pursuant to the termination.
17.1.3.3 Each Party will return to the other Party all its Confidential Information and
other data belonging to the other Party and warrant in writing that no copies
of any such Confidential Information or other such data have been retained.
17.1.3.4 The Parties agree that they will endeavour to resolve all disputes arising
under the Agreement in an amicable manner. All disputes between the
Parties arising out of or relating to the Agreement shall be solved.
17.2.2 ADAFSA shall also have the right at its absolute discretion to terminate this
AGREEMENT for any other reason. In such event of termination, ADAFSA shall pay
to SERVICE PROVIDER for the work already performed up to termination plus
reasonable costs incurred on account of such termination.
In case of applying Termination of Convenience, Both parties are required to follow
the procedure set out in Sub Clause 14.1.3.
In case that ADAFSA decides to resort to courts a notice shall not be required to be
issued by ADAFSA, and legal proceeding and processes will be applicable.
18. SUBCONTRACTING
SERVICE PROVIDER shall not sub-contract any part of this AGREEMENT without the
prior written consent of ADAFSA. Such consent shall not relieve SERVICE PROVIDER rom
any of his obligations hereunder nor shall it create any contractual relations between
ADAFSA and the SERVICE PROVIDERT’s SUB-CONTRACTOR’S ( if any ).
20.1 Service provider shall conduct his operations in a lawful manner and in a manner which
is consistent with the highest ethical standards of the business community.
20.2 SERVICE PROVIDER warrants that he has submitted to ADAFSA prior to signature of
this AGREEMENT, a description of all current contracts, undertakings, bids, letters of
intent/award, relationships, business associations, joint ventures, partnerships or
other arrangements relating to any involvement by SERVICE PROVIDER or any of his
affiliates, directly or indirectly with any aspect of the SERVICES.
20.3 Neither SERVICE PROVIDER nor any of his affiliates shall undertake any such
arrangement except for those submitted pursuant to Sub-Article 20.2 above with
respect to the SERVICES without the prior written approval of ADAFSA.
20.4 If ADAFSA deems (at its absolute discretion) that any arrangements by SERVICE
PROVIDER under Sub-Articles 20.2 and 20.3 to be prejudicial to its interest, ADAFSA
shall instruct SERVICE PROVIDER in writing to take steps to terminate such
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arrangements or not to proceed with implementation of the same and Service provider
shall promptly comply with the said instructions.
20.5 Neither SERVICE PROVIDER nor any of his affiliates shall undertake any such
arrangement except to the extent any such arrangement has been heretofore disclosed
pursuant to Sub-Article 20.2 above or specifically permitted pursuant to Sub-Article
20.3 above.
20.6 The sums to be paid to SERVICE PROVIDER pursuant to Article 7 hereto shall constitute
the only sums he shall receive in connection with this AGREEMENT and the
performance of the SERVICES. Any remuneration, compensation or other benefit
received by SERVICE PROVIDER from third parties in connection with the performance
of the SERVICES (whether by way of gratuity, commission, finder's or agent's fee or
otherwise) may be deducted by ADAFSA. Service provider shall keep ADAFSA
informed of all such remuneration, compensation or other benefit.
21.1 No failure or omission by either PARTY to carry out or observe any of the terms or
conditions of this AGREEMENT shall, except as herein expressly provided to the
contrary, give rise to any claim against the PARTY in question or be deemed a breach of
this AGREEMENT if such failure or omission arises from any cause which is
unpredictable, insurmountable and beyond the control of the PARTY and is generally
considered as Force Majeure (excluding strikes occurring among the employees of
SERVICE PROVIDER or its SUB-CONTRACTORS) and provided a well founded notice of
the occurrence and ending of the cause relied upon is given by the PARTY affected to
the other PARTY within three (3) days of the occurrence and ending of the same.
21.2 Should a Force Majeure event continue for more than sixty days beyond the notice given
pursuant to Sub-Article 21.1, either PARTY shall have the right to terminate this
AGREEMENT.
22.2 ADAFSA shall promptly advise SERVICE PROVIDER of any such claim as is referred to
in sub-article 22.1 above and shall allow SERVICE PROVIDER a reasonable period
within which to settle or otherwise dispose of the same at no cost to ADAFSA. If
SERVICE PROVIDER is unable to settle or otherwise dispose of the claim as aforesaid
within such period, it shall upon receiving written demand from ADAFSA, immediately
reimburse ADAFSA all sums which ADAFSA may actually pay in respect of the said
claims together with all costs and expenses, including all legal fees and expenses
whatsoever on a full indemnity basis, incurred in connection with such claims.
22.3 Without prejudice to Sub-Article 22.2 above, Service provider shall, on receiving
written notice from ADAFSA, or on otherwise becoming aware of any asserted lien or
charge which is of the kind described in Sub-Article 22.1 and which interferes with
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ADAFSA 's free control of assets or with due and timely performance of SERVICES,
immediately procure the release or discharge of such lien or charge at its own expense,
and shall reimburse ADAFSA for any cost or expense suffered or incurred as a result of
the imposition of the lien or charge.
Should SERVICE PROVIDER fail to procure the release or discharge of the lien or charge
within 30 days of first receiving ADAFSA 's said written notice or otherwise becoming
aware of the lien or charge, ADAFSA may procure the release or discharge of the lien or
charge at its own expense and Service provider shall indemnify and hold ADAFSA
harmless against and immediately reimburse ADAFSA for all losses, costs and expenses
whatever (including all legal costs and expenses whatsoever on a full indemnity basis)
incurred in doing so.
22.4 Prior to release of the COMPLETION CERTIFICATE, Service provider shall issue a
“Release Letter” as per the format contained in Annexure F.
Without prejudice to such other rights as ADAFSA may have against SERVICE
PROVIDERT, ADAFSA shall be entitled to set off any monies due to them from SERVICE
PROVIDER under this Article against any monies due or to become due to SERVICE
PROVIDER from ADAFSA under this AGREEMENT.
23. WAIVER
None of the terms or conditions of the AGREEMENT shall be considered waived by
ADAFSA or SERVICE PROVIDER unless such waiver is given in writing to the other
party. No such waiver shall be a waiver of any past or future default, breach or
modification of any of the terms or conditions of the AGREEMENT unless expressly stipulated
in such waiver.
24. COPYRIGHT
All documents pertaining to this AGREEMENT shall be the exclusive property of
ADAFSA and it shall be entitled to use such documents in any works outside the scope
of this AGREEMENT and Service provider shall have no right to use such documents
beyond the scope of this AGREEMENT.
25.1 In the event of the death of SERVICE PROVIDERT, ADAFSA may terminate the
AGREEMENT and refund the performance bank guarantee to the heirs if there are no
obligations towards ADAFSA. ADAFSA may allow the heirs to continue with carrying
out the duties under the Contract provided that they appoint their representative who
is to be approved by ADAFSA.
25.2 If the AGREEMENT is one that has been concluded with more than one Service Provider
and in the event of the death of one of them, ADAFSA may terminate the CONTRACT
and refund the performance guarantee after deducting all dues, or request the
remaining Service Provider to continue with the performance of the CONTRACT.
25.3 In both the above cases the termination of the AGREEMENT shall be made by a
registered letter with acknowledgement due, provided that it has been settled and
resorted according to the courts of Islamic and Shari’ at law of Abu Dhabi.
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All notices required or permitted hereunder in writing shall be deemed to have been
properly given and delivered by either PARTY hereto when sent by air mail, cable, telex
or fax to the other PARTY at the addresses specified in the Appendix to Conditions or at
such address which may be notified from time to time by either PARTY to the other in
writing.
Any notice given by air mail shall be sent by certified air mail (return receipt requested)
and shall be deemed to have been delivered at the date shown on the receipt.
Any notice sent by cable, telex or fax shall be deemed to have been duly served on the
date following or on the same day of transmission respectively.
27. COMPLETION
The SERVICES shall be deemed to be completed and all the SERVICE PROVIDERT's
obligations fulfilled under the AGREEMENT when the FINAL ACCEPTANCE
CERTIFICATE has been issued by ADAFSA in the form attached hereto in Annexure F.
28. BANKRUPTCY
Should the SERVICE PROVIDER become bankrupt or insolvent, or have a receiving
order made out against him, or compound with his creditors or, being a corporation,
commence to be wound up, not being a member’s voluntary winding up for the purpose
of amalgamation or reconstruction, or carry out on its business under a receiver for the
benefit of its creditors ADAFSA shall be at liberty:
In such event, ADAFSA shall be entitled to seize and take possession of and have
free use of all equipment, materials, tools, tackle or other items which may be on
the SITE, for use in connection with the execution of such SERVICES and without
being responsible to the SERVICE PROVIDER for normal wear and tear of the same.
ADAFSA shall also be entitled to retain and apply any balance which may otherwise
then be due the SERVICE PROVIDER under the CONTRACT, or such part thereof as
may be necessary, to effect payment of the cost of execution of such aforesaid
SERVICES.
- ADAFSA may at its sole discretion elect not to terminate the CONTRACT, but to give
such receiver, liquidator or other person the option of carrying out the CONTRACT
subject to his providing a guarantee for the due and faithful performance of the
CONTRACT up to an amount to be agreed upon.
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2. SPECIAL CONDITIONS
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2. SPECIAL CONDITIONS
The following Special Conditions are specifying contractual requirements linked to the
special circumstances of the overall project, and the Works contract. They form part of
the GENERAL Conditions of AGREEMENT, and in the event of any conflict between the
General Conditions and the Special Conditions, the provisions of the General Conditions
complement and take precedence over those of the Special Conditions.
2. CO-ORDINATION PROCEDURE
2.1 COMMUNICATION
The English language shall be used for all correspondence, reports, instructions,
drawings, specifications, etc. As far as possible, all written communication shall be
directly between ADAFSA and SERVICE PROVIDERT. All efforts shall be made to keep
the correspondence to the minimum. If, for expediency, telephonic conversation shall
be used, this shall be confirmed in writing within two(2) working days, by both
PARTIES.
Service provider shall prepare and issue the Minutes of all its meetings with ADAFSA
and shall be responsible for obtaining approval of these minutes prior to release within
two (2) working days.
2.3.2 Oral Advice: The Service provider shall answer enquiries over the telephone or in
meetings, on an
informal basis. As these may involve an immediate answer to a complicated problem
in respect of which the Service Provider may not have received full and accurate
information, the Service provider shall have no liability to the Employer in contract or
tort (including negligence) for the answers. The Employer should neither act nor refrain
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from acting on the basis of such answers unless they are confirmed in writing by the
Service Provider
At the commencement of the agreement, when applicable, Service provider shall detail its
programme with actual dates shown on the bar charts.
Such activity on this bar chart shall indicate and meet requirement for target assessments.
A meeting with ADAFSA shall be held on regular basis when Service provider shall report
Programme status at that time and planned activities for the coming week. The minutes of
such meetings shall be written by SERVICE PROVIDER and approved by ADAFSA.
All planning documents shall be updated weekly and submitted to ADAFSA as part of the
progress report.
a. When undertaking work requiring a permit, Service provider shall assist and
co-ordinate with ADAFSA to comply with requirements for safety and operation until
the permit shall be obtained, in strict compliance with ADAFSA procedure, each
morning, before commencing work in the designated area. work permits shall be in
accordance with ADAFSA Safety/ Security Regulations.
b. Any delay or expenses for securing necessary permission/permits from the concerned
authorities shall not entitle SERVICE PROVIDER to any claim for extension of
completion date or payment.
c. It shall be the responsibility of SERVICE PROVIDER to arrange for the security passes
for its personnel and vehicles assigned to the Works under this AGREEMENT. In this
respect Service provider shall make himself aware of the latest rules and regulations
applied by the relevant authorities for the issue of such passes.
Quality control, inspection and testing shall conform to the latest edition of the
applicable internationally accepted standards.
4. SAFETY
A copy of ADAFSA Safety Regulations shall be furnished to the SERVICE
PROVIDERT. Additional rules or amendments to the existing Regulations may
be made as and when required and Service provider shall abide by these.
Service provider shall be responsible for providing the SERVICE PROVIDER with
all necessary information regarding safety and to ensure these Regulations are
implemented by the SERVICE PROVIDERT’s employees.
5. APPROVALS
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Technical Documents (other than reports of recommendatory nature) to be
prepared by SERVICE PROVIDER under this AGREEMENT shall be subject to
ADAFSA approval within a period not exceeding Seven (7) days unless
otherwise stated. However, the fact that any technical documents have been
approved by ADAFSA shall not release SERVICE PROVIDER from the
responsibility for correcting errors, omissions or other defects in said
documents or drawings which are disclosed after such approval.
6. TERMS OF PAYMENT
All fees for SERVICE PROVIDER Services, as under, shall be deposited in UAE
Dirham in the SERVICE PROVIDER Account with any local bank in Abu Dhabi, as
requested by SERVICE PROVIDER in his invoices.
Each invoice shall be checked and paid by ADAFSA within thirty (30) days of the
date of SERVICE PROVIDER submission of a correct invoice. In case of mistakes
on any invoice, it shall not be paid unless such mistakes are corrected.
Amounts specified in the BOQ will be paid upon successful delivery for each
item.
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3. APPENDIX TO CONDITIONS
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1. The Appendix to Conditions is forming part of the General Conditions (Section III). It
incorporates information that specifies and complements the provisions of the General
Conditions. It also amends and/or supplements the provisions of the General Conditions. The
provisions of the Appendix to Conditions take precedence over those of the General Conditions
(Section III).
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NOTICE AND 26. EMPLOYER’S/ ADAFSA’S address is:
ADRESSES
ABU DHABI AGRICULTURE AND FOOD SAFETY
AUTHORITY {ADAFSA }
P. O. Box : 52150
Abu Dhabi – U. A. E.
Tel. +971 2 8181187
Attn:Contracts & Procurement
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ANNEXES
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ANNEXURE ‘A’
SCOPE OF SERVICES
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Table of Contents
1 GENERAL
1.1 Background .......................................................................................................................................
1.2 Key Success Factors .......................................................................................................................
1.3 Stakeholders Definition ..................................................................................................................
1.4 Contract Timeline ............................................................................................................................
1.5 General Assumptions ......................................................................................................................
1.6 Information Security ........................................................................................................................
1.7 Warranty & Support Requirements ..............................................................................................
2 SCOPE OF WORK
2.1 Description of Engagement ...........................................................................................................
2.2 Responsibility Matrix ......................................................................................................................
2.3 System Features ..............................................................................................................................
3 SOLUTION DESIGN
3.1 Technology Reference Model .......................................................................................................
3.2 Solution Design Rational ................................................................................................................
3.3 Solution Design ................................................................................................................................
3.4 Solution Specifications ...................................................................................................................
3.5 Solution Delivery ..............................................................................................................................
3.6 Standards and Best Practices ......................................................................................................
4 RFP RESPONSES
4.1 Terms of Payment ...........................................................................................................................
4.2 Personnel ..........................................................................................................................................
4.3 Evaluation Criteria ...........................................................................................................................
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1 GENERAL
1.1 Background
Abu Dhabi Agriculture & Food Safety Authority (ADAFSA) implemented & rolled out their
legacy Food Import Management Information System (FIMIS) in 2011, which was its core
application for handling all border control functions of releasing food shipment across all
Abu Dhabi borders. This system (FIMIS) is fully integrated mainly with Abu Dhabi Customs
(ADC) and Abu Dhabi Quality and Conformity Council (ADQCC). Over the time, our vision
has evolved bringing a new concept of building a vertical solution for centralizing all food
safety functions in one unified platform and thus emerged the need of implementing Food
Import and Export Management System (FIEMS), which is the scope of this RFP.
In 2015, ADAFSA started an initiative to invest in unifying their core applications platform,
by building a vertical solution aiming to achieve our strategic priority of “Optimal activation
of Control role in agriculture and food safety” by automating all processes, risk analysis,
food sampling, digital services (mobile and web), Policy implementation and Customer
services into a robust state of art digital platform which has been implemented across
Food, Agriculture and Animal Control, as well as automating Animal identification and
registration processes into the same platform, this platform covers all field work
automation by enabling users with hybrid mobile application runs on windows tablets, this
application is running checklists based on policy configuration supported by a powerful
middleware (SOA Suite) to orchestrate all data flows with all core components to ensure
completeness and avoid redundancy, it has all workforce planning and management done
using Seibel that covers also processes automated by service requests and orders which is
connected with the assets model and other related models.
In the current period, ADAFSA will continue investing on this comprehensive program to
achieve maximum benefit toward a commitment for our Community and Government. This
initiative has taken place to continue the efforts of automating our border controls business
model on top of our control management digital platform to reach a level of 360° Food
safety operations covering complete supply chain cycle. This project has some exciting
features and challenges since it will cover more stakeholders like Maqta Gateway (MG),
Abu Dhabi Customs (ADC) and Ministry of Environment and Climate Change (MECC), and it
will have an enterprise integration and process automation capability which will be
orchestrated across multiple systems through multiple services by the targeted system.
A vision has been envisaged in the below figure (1.1) to provide a better understanding of
how near future will look like after successfully implementing the proposed solution
(FIEMS). The solution was designed based on some key factors, Solution highlighted best
approach of providing better services to our traders.
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Figure 1.1: Future State (Architecture Vision)
The main idea is to have one centralized orchestrator that will control facilitating Trader
journey throughout cross-functional processes of all government bodies, which leads to
better decision-making and speedup process delivery, without sacrificing Food safety over
trade facilitation, we have identified some potential key success factor to achieve this
future state which are mentioned in and based on architecture principles mentioned
selected carefully to best serve ADAFSA vision.
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1.2 Key Success Factors
Description Owner
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Ministry of We Work with our Partners to Protect the
ZAD Portal (Food
Environment and Environment, Preserve and Develop their Resources
Catalogue and
Climate Change and Invest them Efficiently to Ensure their
Items)
(MECC) Sustainability.
Option 2 Onsite 24 x7
Note: Under no circumstances, the selected Bidder will be allowed access to ADAFSA’s
Production Environment through VPN during the entire period of contractual
engagement (Implementation & Support).
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b. During the contract period, the Bidder should comply with all ADAFSA processes and
procedures.
c. During the contract period, Bidder must comply with the requirements/guidelines
outlined in the Abu Dhabi EHS (Environment, Health & Safety) Management
framework.
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2 SCOPE OF WORK
• Test Plan
Project Phases • Business Test Case Scenarios
and Deliverables • Technical Test Case Scenarios
Stabilization
• User Acceptance Test Certificate
• Performance Acceptance Test Certificate
• Integration Acceptance Test Certificate
• Deployment Manual
Deployment
• User Manual
• Operational Handbook
Handover • Administrator Training Certificate
• Technical Training Certificate
Operational
• Service Level Agreement (SLA)
Support
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• Smart Inspection
• Gold, White and Blacklist
• Risk Analysis
• Border Control process automation
• Border Control services
• Food Safety Index Dashboards
The Bidder is expected to deliver the below, but not limited to:
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2.2 Responsibility Matrix
Description
ADAFSA
Bidder
Project Management, including periodic project status meetings including
Project Management Plan and Risk Management Plan based on best
practices and PMBOK Standard to ensure a successful deliverable for the ●
project components, and shall be able to deliver all project phases and the
output of the mentioned functionalities in this scope.
Capture, analyze and document detailed business and technical requirements
by studying required business requirement and manage all business and
technical user’s session, also handling all needed documentations of how the ●
new processes and business will be served, in a standard FSD, SRS, etc.
formats
Analyze and provide best practices and solutions in order to optimize existing
business processes and provide digital solutions that will add value and ●
reach maximum efficiency.
Ensure all requirements and existing business is properly explained and
covered by providing all business rules and explanation for each process and ●
manage business user requirement.
Provide a logical and physical architecture design describing how the
●
requirement will be implemented in each solution component.
Communicate with all Stakeholders in this scope of work document and
arrangements for any government or non-governmental agreement such as ●
(MOU, SLA, NDA, etc.)
Supply, maintain, change any facilities or labor work in both head office and
●
all ADAFSA branches (remote sites)
Migrate ZAD database (Food items and Catalogue database) into our control
platform and build a centralize database to handle all food item related
services and integrate with all solution components using a standard
●
middleware (Oracle SOA suite) and integrate its rules with the Risk based
system and reflect all processes into a Standard operating procedure for
inspection.
Provide Data Mapping and New Design for proposed food catalogue
database which has the mapping datasets between our food item identifier
● ●
"Barcode" and Customs declaration identifier "HSCode" and migrate the
mapping records to the new developed catalogue.
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Description
ADAFSA
Bidder
Create a clone (Staging database) ZAD database and develop all host
services related to information exchange and data synchronization to ensure
integrity and completeness of the information with between master database
●
(ZAD) from Ministry of environment and climate change and our new
introduce Food items and Catalogue database using a standard middleware
(Oracle SOA suite).
Automating all Border control division and other related divisions such as
Policies and Risk analysis and using our Control Management Platform and
ensure needed Service request processes utilizing existing schema and ●
design patterns (with some enhancements) which will include all Food Import
and Export processes, Sampling and analysis.
Digitize Import and Export field work across all our borders and transform all
borders related processes (field work) into smart application (Mobile hybrid)
on top of our existing Smart Inspection Mobile application utilizing same ●
schema and design patterns (with some enhancements) empowering
inspector to process more applications gracefully.
Transform Borders risk-based system policies and business rules into a
smart system in a digital format by having all risk based parameters into our
control platform using Oracle Policy automation, Oracle Siebel and translate
them into our Smart Application (Smart Inspection) using our middleware
Oracle SOA Suite to ensure smooth integration, and introducing a new ●
concept of Black, White and Gold list of all traders against food products to
move our decision making from re-active to smart pro-active ensuring release
of food shipment processes (frequency of inspection, frequency of sample
analysis, frequency of physical check, etc.) to be more efficient.
Automate all Integration processes based on Service Oriented Architecture
which will integrate all stakeholders, customer seamlessly and all processes
of import and export integration points mapped with solution components, ●
such as but not limited to integration with lab analysis services, Inspection
decisions, food catalogue, risk-based services and field work services.
Building a Comprehensive dashboard for Food Safety operations related to all
food safety indicators and intelligent reports which will empower Realtime
●
monitoring and support decision making process, it will be done using Oracle
OBIEE and Oracle Datawarehouse (including informatica ETL).
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Description
ADAFSA
Bidder
Provide all software and licenses component related to this implementation,
●
included in the existing setup and running implementation.
Execute all infrastructure work related to solution components (Server,
●
Storage, Network and Load balance).
Perform different training session for each user group based on
responsibilities and project requirements including End user Training, Train
●
the Trainer, Administrator Training, and shall provide user manuals, system
manual and training materials
Build test cases and scenarios, and handle business user acceptance
sessions which will be based on iterations deliverable, moreover, conduct a
●
field work testing, unit testing, performance testing and integration testing
for overall solution components.
Run pilot phase for the final tested system for 4 weeks before the final
deployment which will be supported by End User Manual, Deployment ●
manual, operation handbook, etc.
Enrolment of Smart Inspection (mobile application) across all business users
tables and configure all needed setup parameters and run integration points ● ●
testing.
Provide data Mapping datasets between our new introduce food item
identifier "Barcode" and Customs declaration identifier "HSCode" and ● ●
migrate the mapping records to the new developed catalogue.
Provide a comprehensive support after-go live specially for field work and
system essential transactions including but not limited to integration services ●
with all stakeholders.
Name Description
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Name Description
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3 SOLUTION DESIGN
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This database is used in mobile application
Mobile Core SQLite
SQLite to store the offline data in order to carry out
Database 3.22.0
the inspection in offline mode.
Cordova
This framework is used to develop smart
8.1.1
Mobile inspection hybrid mobile application which
Apache IDE: WINJS
Framework is used by inspectors to carry out field work
4.0
in offline as well online mode.
Area Description
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Enforcement of “Federal Law No. 10 of 2015 on Food Safety” as a starting
Policy
point for the process of importation or exportation.
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Table 3.3: Solution Components
Middleware
Oracle SOA Suite, Microsoft WCF Foundation,
SC001 (Integration and
RESTFUL and SOAP Services
Service bus)
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Figure 3.3: Solution Landscape Diagram
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3.4 Solution Specifications
Table 3.4: Architecture Component Specifications
Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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Component Name Description
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3.5 Solution Delivery
Figure 3.5: Deployment Diagram
Abu DhabiKhatem Al Mazyad Ghwaifat Zayed Khalifa Local Market Exporter Importer
ADC ADPC ADQCC MECC Employee
Airport Shaklah Port Port Port Port Customer Customer
Inspector Inspector
ADNET
Etisalat ADNET Internet
WAN WAN
Etisalat
WAN
Analyze Food Release Dispose, Analyze Request for Request Request Food Request Request for Request
Samples and Food Detai n Food Releasing Food Export Export Food Items Inspection of Referr ed Food Items
Lab Testing Shipment Food Items Risk Personal Food Fitness Fitness Disposal Food Shipment from re-sampling
Borders Category Shipment Certificate Certificate for Another Emi rate
GCC
FIMIS
ZAD Portal
Data
Warehouse
Seibel CRM Seibel Public Poli cy SO A Suite SO A Service K2 Black Pearl WCF Services ASP. NET Cordova
Bus Food Catalogue
N1 Sector Automati on
Servi ces Business
Process Shared Publi c Por tal Mobi le App
Management Servi ces N2 Node 2 Suite
N1
Food
Control
Food Import
Management
Servi ce Integrati on Point Web Application Application Mobi le Appli cation Government Entity Tablet Devi ce Remote Sites
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Standards/Policies Reference Area
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4 RFP RESPONSES
Payment %age
S No. Milestone (of the total
contract value)
3 Implementation 30%
4 Stabilization 10%
5 Deployment 10%
6 Handover 20%
4.2 Personnel
a. Assignment of Professional Staff
The Bidder must provide sufficient staff that is qualified, assigned, monitored and
supervised to deliver the required services to ADAFSA.
b. Technical Skills/Capabilities
The Bidder must commit to maintaining sufficient staff, facilities and equipment to
deliver the required services, throughout the duration of the contract.
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4.3 Evaluation Criteria
6 Project Management 10
8 Bidder Experience 10
Note: The Bidder will be qualified for Financial Evaluation, only if they attain a score of 75 in
Technical Evaluation.
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ANNEXURE ‘B’
1. Key Dates
2. Overall Time Schedule
3. SERVICE PROVIDERT’S Proposed Work Plans and Methods
4. Personnel and Project Organisation
5. Technical Evaluation Criteria
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1. KEY DATES
• The Effective Date for the project as a whole shall be the effective date of the
LETTER OF AWARD.
• Service provider shall detail here below the proposed milestones for the
performance of the SERVICES relating to the project taking into consideration
the Key Milestones listed previously given in Annexure A.
•
STAGE ACTIVITY Timeline
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2.0 OVERALL TIME SCHEDULE
Service provider shall prepare and submit for ADAFSA’s approval its anticipated
schedule for the project, in the form of a bar chart, preferably using Primavera or
Microsoft Project, covering the various areas and activities required to complete the
SERVICES. This schedule shall take due account of ADAFSA’s information provided
elsewhere in this document. The program shall show the work by SERVICE PROVIDER
from the effective date to the issuance of the Final Report and relevant Training {if any}.
The Service provider shall detail herewith below the proposed work plans and
methods. This shall be an essential parameter to technically evaluate the proposals and
not only the total fees. The SERVICE PROVIDER should highlight, among others, all
aspects related to scoping of the project, developing policy and regulation documents,
and recommending communication and engagement plan, as described under the
Methodology and Approach section in Annexure A herein.
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ANNEXURE ‘C’
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ANNEXURE - C
SERVICES PROVIDED BY ADAFSA
ADAFSA shall be responsible for and shall provide only those items which are expressly
stated in this AGREEMENT.
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ANNEXURE ‘D’
PRICING SCHEDULE
(UNPRICED PART)
Contents
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1. GENERAL PROVISIONS, PRICING DETAILS AND NOTES
2. The prices entered in the following Tables/Schedules shall cover the execution
and completion of all SERVICES in connection with such items as defined in
Annexure-A: Scope of SERVICES finished complete in every respect in strict
compliance with the AGREEMENT.
3. All prices and rates shall be fully fixed for the duration of the AGREEMENT and
no fluctuations shall be permitted for any changes in any of the SERVICE
PROVIDERT's costs or inclusions, currency variations or any other reason
unless expressly provided for elsewhere in this AGREEMENT.
4. The Service provider shall notify ADAFSA in writing within Forty Eight (48)
hours of the start of such works, for any additional expense to which the
SERVICE PROVIDER may consider itself entitled from ADAFSA. Service provider
shall submit in writing giving full details as much as possible for any claim,
within Twenty Eight (28) days from the start of such works. No SERVICES shall
be postponed or delayed by SERVICE PROVIDER when instructed by ADAFSA
subject to the acceptance and finalisation of payment of amount or time for such
particular SERVICES for which SERVICE PROVIDER intends to make its claim.
5. PRICES: The Service provider shall submit the quotation in the following
manner:
6. The quotation shall cover, among others, all costs related to the reviewing and
updating of draft and Final Report , meetings, salaries, local transport,
accommodation, printing, binding, telephone, telexes, facsimiles, office
expenses, all design approvals, follow up, and any other expenses to fulfil the
requirements of services.
7. The CONSULTAT shall only employ suitable qualified person(s) processing the
relevant qualifications and experience. All the staff shall be subject to the
approval of ADAFSA .
8. The quoted prices are deemed to be inclusive of all charges, costs and
expenses to carry out the SERVICES in accordance with the AGREEMENT
other than free of charge facilities and expenses reimbursable by ADAFSA.
The quoted prices, unless otherwise indicated, are deemed to include for, but
not be limited to:
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• Office expenses
• Salaries, bonuses, profits, duties, overhead, social benefits.
• Training costs.
• International and local travel, local accommodation, transportation, living
expenses and leaves
• Medical expenses, hospitalisation and insurance.
• Administration expenses of all staff assigned fully or partly to SERVICES.
• Engineering materials ( if any ) , postage, telephone & faxes and other
expenses of similar nature.
• Cost of reproduction of documentation and reports, computer hardware
and software, and other support costs related to SERVICES.
9. CONSULTNAT shall provide, for each stage, a detailed breakdown showing man-
month costs for each Specialist/Person.
10. The terms of payment of the Lump-Sum amount will be as stated in Article (10):
Terms of Payment of Section III (Special Conditions).
11. ADAFSA has the right to carry out audit visits to SERVICE PROVIDERT’s Head
Office to verify the number of allocated persons/specialists.
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ANNEXURE ‘E’
(NOTE TO TENDERERS: PLEASE DO NOT FILL OUT THE BLANKS IN THIS FORM
DURING THE TENDERING STAGE)
Dear Sirs,
This Performance Bank Guarantee shall come into force on the date hereof and shall
continue until the issue of FINAL ACCEPTANCE CERTIFICATE.
This Performance Bank Guarantee shall be governed by and interpreted under the laws
of
Abu Dhabi and the U.A.E.
Yours faithfully,
________________________________
Authorised Signature and Stamp of Bank
Therefore, in consideration of the above and based on the request of our client, We ___________ [Name of
the Bank] established in Abu Dhabi and having our address at P.O. Box ____________, Abu Dhabi,
U.A.E. hereby irrevocably and unconditionally covenant and agree as primary obligator and not as Surety
merely as follows:
(1) We undertake to pay to you the said amount or part thereof at your first written demand, by transfer to
an account in ADAFSA’s name at such bank in Abu Dhabi as ADAFSA shall stipulate or in such other
manner as shall be acceptable to ADAFSA, without warning or any restriction or condition and without
recourse and notwithstanding any objection from the said Messrs: ____________.
(2) We further agree that any payment made hereunder shall be made free and clear of and without
deductions for or on account of any present or future taxes, levies, imposts, duties, charges, fees,
deductions or withholdings of any nature whatsoever and by whomsoever imposed.
(3) We agree that any changes, modifications, additions or amendments which may be made to the
AGREEMENT, or in the work to be performed thereunder, or in the payments to be made on account
thereof, or any extensions of the time for performance or other forbearance on the part of either
ADAFSA or CONTRACTOR to the other or to any other guarantor of the obligations of either of them,
shall not in any way release us from our continuing liability hereunder, and we hereby expressly waive
notice to us of any such changes, modifications, additions, amendments, extensions or forbearance.
(4) As and when the advance payment is recovered against progress payments made by you to
CONTRACTOR, then this guarantee shall automatically stand reduced to the extent of such recovery.
(5) This Bank Guarantee shall come into force on the date hereof and shall remain valid until such time as
it is called up or you inform us that it is cancelled.
(6) This Bank Guarantee shall be governed by and interpreted under the laws of Abu Dhabi and the U.A.E.
Yours faithfully,
_________________________________
Authorized Signature and Stamp of Bank
Approved By إعتمــــــاد
End User Division Director مـــدير اإلدارة المعنية
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: المرفقات
KNOW ALL MEN BY THESE PRESENTS, that ..................................., P.O. Box ......, .................., .........
(hereinafter referred to as “SERVICE PROVIDERT”) for and in consideration of the receipt of
the sum U.A.E. Dhs. ............. (U.A.E. Dirhams .............) from ABU DHABI AGRICULTURE AND FOOD
SAFETY AUTHORITY (hereinafter referred to as “ADAFSA”), representing the final payment
under this AGREEMENT dated the ............. day of ................ 20.... and subsequent amendments
between SERVICE PROVIDER and ADAFSA, hereby releases and forever discharges ADAFSA,
its successors-in-interest and assigns and their property from all claims and demands
whatsoever in any manner arising out of, or related to, the said AGREEMENT or labour
performed or materials and equipment furnished by SERVICE PROVIDER in connection with, or
incidental to, the execution and completion of the SERVICES.
In consideration of, and for the purpose of inducing ADAFSA to issue the COMPLETION
CERTIFICATE and make the aforesaid final payment, SERVICE PROVIDER hereby represents,
warrants and agrees that:
1. all sums due or to become due and all debts, accounts, damages, obligations, claims and
demands of every nature and kind whatsoever in any manner arising out of, or related
to, labour performed or materials and equipment furnished in connection with, or
incidental to, the AGREEMENT have been paid and satisfied,
2. there are no unsettled claims for injuries to, or death of any person or damage to, or
destruction of, property in any manner arising out of, or related to, the AGREEMENT.
3. he shall indemnify and hold harmless ADAFSA and its successors and assignees from
and against any claims, demands, liens, judgements, attachments and costs related
hereto in any manner, arising out of, or related to, the AGREEMENT, and
IN WITNESS WHEREOF SERVICE PROVIDER has caused this instrument to be executed this
............................ day of ....................... 20......
Pricing Schedule
Contents
13. The prices entered in the following Tables/Schedules shall cover the execution
and completion of all SERVICES in connection with such items as defined in
Annexure-A: Scope of SERVICES finished complete in every respect in strict
compliance with the AGREEMENT.
14. All prices and rates shall be fully fixed for the duration of the AGREEMENT and
no fluctuations shall be permitted for any changes in any of the SERVICE
PROVIDERT's costs or inclusions, currency variations or any other reason
unless expressly provided for elsewhere in this AGREEMENT.
15. The Service provider shall notify ADAFSA in writing within Forty Eight (48)
hours of the start of such works, for any additional expense to which the
SERVICE PROVIDER may consider itself entitled from ADAFSA. Service provider
shall submit in writing giving full details as much as possible for any claim,
within Twenty Eight (28) days from the start of such works. No SERVICES shall
be postponed or delayed by SERVICE PROVIDER when instructed by ADAFSA
subject to the acceptance and finalisation of payment of amount or time for such
particular SERVICES for which SERVICE PROVIDER Intends to make its claim.
16. PRICES: The Service provider shall submit the quotation in the following
manner:
17. The quotation shall cover, among others, all costs related to the reviewing and
updating of draft and Final Report , Meetings, Salaries, local transport,
accommodation, printing, binding, telephone, telexes, facsimiles, office
expenses, all design approvals, follow up, and any other expenses to fulfil the
requirements of services.
18. The CONSULTAT shall only employ suitable qualified person(s) processing the
relevant qualifications and experience. All the staff shall be subject to the
approval of ADAFSA .
19. The quoted prices are deemed to be inclusive of all charges, costs and
expenses to carry out the SERVICES in accordance with the AGREEMENT
other than free of charge facilities and expenses reimbursable by ADAFSA.
The quoted prices, unless otherwise indicated, are deemed to include for, but
not be limited to:
20. CONSULTNAT shall provide, for each stage, a detailed breakdown showing man-
month costs for each Specialist/Person.
21. The terms of payment of the Lump-Sum amount will be as stated in Article (10):
Terms of Payment of Section III (Special Conditions).
22. ADAFSA has the right to carry out audit visits to SERVICE PROVIDERT’s Head
Office to verify the number of allocated persons/specialists.
Total Value
Breakdown:
1 Analysis
2 Solution Design
3 Implementation
4 Stabilization
5 Deployment
6 Handover
-1(onsite option 1 )
7 -2(Onsite option 2)
-3(onsite + offshore)
-4(onsite +offshore)