nepal telecom tender no....

Nepal Telecom

Nepal Doorsanchar Company Limited

Nepal Telecom

Tender No. NCDL/CC0-03/073-74

for

Supply and Delivery

of

(U) SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

Office of Chief Commercia l Office r,

Cent ral Office,

Bhadrakali Plaza,

July, 2017

Kathmandu, Nepal Website: http://www.ntc.net.np

TEL:977-1- 4210206 FAX : 977-1- 4258233 E-mail: [email protected]

SN

l

2

3 4 5 6

7

8 9

10

11 12

13 14 15

16

17 18 19

Section

II

Ill

IV

v

VI

VII

VIII

Annex - I Annex - II

Annex - Il l

Annex - IV

l\nnex -V

Annex - VI

Annex -- VII

Annex - VII I Annex - IX

Nepal Telecom Nepa l Doorsanchar Company Limited

Table of Content

Description

/\bbreviations and Acronyms (Commercial) Glossary of Terms Used in this Document (Commercia l)

Inv itation fo r Bids (IFB)

Important Notice to Bidders (INB) Inst ructions to Bidders (ITB)

Conditions o f Cont ract (COC)

Sample Forms Bid Form (Sample rorm No. - 1) Bid Security Form (Sample rorm No. - 2)

Manufactu rer's Aut horizat ion Letter (Sample Form No. - 3)

Performance Security Form (Sample Form No. - 4)

Bank Guarantee for Advance Payment Form (Sample Form No. - 5)

License Document Form (if Applicable) (Sample Form No. - 6) Bidder's Information Form (Sample Form No. - 7) Let ter of Intent (LOI) (Sample Form No. - 8) Letter of Acceptance (LOA) (Sample Form No. - 9)

Contract Agreement Form (Sample Form No. - 10) Application for Purchase of Tender Document (Sample Form No. - 11)

Participation on the Bid Opening (Sample Form No. - J 2)

Factory Inspection Report (Sample Form No. -13)

Factory Inspection Certificate (Sample rorm No. -14)

Schedule o f Requi rement (SOR)

Schedule of Price (SOP) and Quanti ty Thereof

Technica l Specification

Annexes List of the Approved Banks by Nepal Telecom

Supply Records

User (Client) Cert ificate Summary of the Supplied (U) SIM Card s to Nepal Telecom

Format for Order File, Output File and Response file

OTA Technical Requ irement (U/I) SIM Cards

Page No.

2

4

6 9

l.3 35

52 53 54 55

56 57 59 60 61

62 64 65 75

76

66 68

73

83 84 85

86 87 89

The Dynamic STK Servir.c which has to be preloaded in the offered {U/ 1) SIM cards 90

Layout and Multicolor /\r twork fo r roldcr (fnve lopc) 92

Multicolor Artwork for (U/l)SIM Card 93

1 1 Tender No. NCDL/CC0 -03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

3G

3GPP

Al3S

ADF

AES

AKA

AMC

APG

APN

AT

/\UTN

130Q

CAT-TP

CK

coc DCC

DSTK

EAP-AKA

EE PROM

EF

CMM

CPS-AKA

EPSLOCI

EPSNSC

c rs1

E-UTRAN

FAC

FAT

FC

FF

GBA

GoN

GPRS

GSM

2

. Nepal Telecom (~ Nepal Doorsanchar Company Limited

Abbreviations and Acronyms

Third Generation

3rd Generation Partnership Project

Acrylo Butad ienc Nitryl Styrene

Application Dedica ted File

Advanced Encryption System

Authentication and Key Agreement

Annual Maintenance Contract

Advance Payment Guarantee

Access Po int Name

Acceptance Test

Authentication Token

Bi ll of Quantity

Card Application Toolkit - Transport Protocol

Cipher Key

Cond itions o f Contract

Delivery Completion Certificate

Dynamic SIM Tool Ki t

Extensible Authentication Protocol AKA

Electrically Erasable Programmable Read Only Memory

Elementary File

EPS Mobi lity M anagement

Evolved Packet System /\KA

Evolved Packet System Loca tion Informat ion

Evolved Packet System NAS Security Con text

European Telecommunications Standards Institute

Evo lved Universal Terrestrial Radio Access Network

Final Acceptance Certificate

Final Acceptance Test

Fully Compliant

Form Factor

Generic Bootstrapping Architecture

Governmen t of Nepa l

General Packet Radio Service

Global System for Mobile Communication

~ No. NCDL/CC0·03/073·74 lo< Sopply ood D;;;,o<v of (U)SIM Ca<d> lo• GSM (Mobllo) P<0p,;d '"' Po>tp,;d '""""

GSMA

HPLMN

HTTPS

ICCID

IEC

IFB

IK

IMS-AKA

IMSI

INB

ISIM

ISO

ITl3

ITD

IWLAN

KC

LOA

LOI

LTE

MSISDN

MSL

NAF

NAS

NC

NT

OTA

P/\C

P/\T

PC

PIN

PLMN

PNL

PO

POC

Poe

PPMO

Nepal Telecom


Global System Mobile Association

Home Pub lic Land Mobile Network

Hyper Text Transfer Protocol Secure

Integrated Circuit Card Identifier

International Electro-technical Commission

Invitation for Bids

Integrity Key

IP Multimedia Sub-system AKA

lnt€'rnational Mobile Subscriber Identity

Important Notice to l3 idder

IP Multimedia Subsystem SIM

Internationa l Organization for Standardization

Instructions To f3idders

Inform ation Techno logy Directora te of Nepa l Telecom

Interworking Wireless LJ\N

Ciphering Key

Letter of Acceptance

Letter of Intent

Long Term l volution

Mobile Station International Subscriber Directory Number

Minimum Security Level

Network Application Function

Non Access Stratum

Non-Compliant

Nepa l Telecom

Over-the-Air Programming

Provisional Acceptance Certificate

Provisiona l Acceptance rest

Part ially Compli<Jnt

Person<Jl ldcntification Number

Public Land Mobile Network

Preferred Network List

Purchase Order

Proof of Concept

Proof of Compliance

Public Procurement Monitoring Office

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PUK

RAM

RAND

RFM

sec

SGSN

SMS

SMSC

SOP

SoR

SPN

SRES

TDS

UE

UICC

UMTS

USIM

USSD

UTHAN

VAT

VLR

VoWiri

WAP

wee WO

WSD

XRES

Nepa l Te lecom

Nepal Doorsanchar Company Limi ted

Personal Unlocking Key

Remote Applet Management

Random Number

Remote File Management

Stabilization Completion Certificate

Serving GPRS Support Node

Short Message Service

Short Message Service Cente r

Schedu le of Prices

Schedule of Requirements

Service Provider Name

Signed Response

Tax Deducted at Source

User Equipment

Universa l Integrated Circuit Card

Universal Mobile Te lecommunications Service

Universal Subscriber Identity Module

Unstructured Supp lementary Service Data

UMTS Terrestria l Radio Access Network

Value /\dded Tax

Visitor Location Regist er

Voice Over Wireless Fidelity

Wireless Access Protocol

Warranty Completion Certificate

Work Order

Wireless Service Directorate

Expected Response

Nepal Te lecom


Glossary of Terms Used in this Document

Bidder:

Bidder is a pe rson or an entity who submits the bid document under this tender.

Blacklisting:

It is enlisting or including the name of a person, affirm, or a company in il lis t seen as unacccpu:ib le or untrustworthy. Once the name is included in such a list, the person or the company is looked by suspicion and may not be zillowcd to part icipzite inn bidding process.

Bid Price:

The price quoted by the Bidder in Bid Form.

Bill of Quantities:

The Priced and completed Bill of Quant ities forming part of the Bid.

Contract: The Contract means the ngreement entered into between Nepzil Te lecom and the Supplier, as recorded in the contract agreement form signed by the parties, including al l amendments and appendices thereto and all documents inco rporated by reference therein;

Contract Award_;

It is the decision of Nepa l Telecom to give responsibili ty to execute a project through contract agreement signed with a successful bidder. The awardee is responsible to execute the contract as per the agreemen t made with Nepal Te lecom.

Corrupt Practice:

It is the offering, g1v1ng, rece iving, or sol iciting, direc tly or indi rectly, anything of value to influence improperly the action of the other party.

Contract Price: The total price of all the goods and services included in the contract which will be payable to the supplier on the fulfillment of al l obligations under the contract.

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

Corruption: It is the dishonest activity especia lly the involvement in bribery. Corruption in case of construction projects

is the action of the other party.

Completion: The fu lfil lment of the re lated services by the Supplier in accordance with the terms and conditions set forth

in the contract.

Corrected Bid Price: Bid price obtained after the arithmetical error corrections.

5

Nepal Telecom

Nepal Doorsanchar Company I imitcd

Delivery:

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

set forth in the contract. Day:

The ca lendar day.

Evaluated Price:

The total price obtained afte r the Financia l Eva luation.

Fraudulent Practice:

It is a practice of ga ining of a materials advantage dishonestly. It is a practice that is false or impostor. It is any act or omission, including mis-representation, that knowingly misleads or attempts to mislead, a party

to obtain a financial or other benefit or to avoid an obligation.

Goods:

All of the goods (Hardware and Software), which the supplier is required to supply and deliver to Nepal Te lecom under the contract.

Global Company: Global Company means company having offices in more than one count ry.

Major Clause:

Clauses marked with * are considered as major clauses.

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

" ... deviation on which shall result in reject ion of the Bid." " .. . without which the Bid shall be rejected." " ... deviat ion on which sha ll lead to rejection of the Bid."

Nepal Telecom (NT):

The purchaser, Nepal Doorsanchar Company Limi ted;

Purchaser: The organization purchasing the Goods, 1.e. Nepa l Telecom.

Supplier: The Supplier means the individual or firm supp lying the goods under this contract.

Successful Bid: The Bid that substantially comply with the technical, commercial and financial requirements of the tender

and determin ed to be the lowest eva luated price after financial evaluation and l'OC Test.

Service: The services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidenta l services, such as instal lation, commissioning, provision of technica l assistance, train ing, warranty, Extended Warranty, AMC and other such obligations of the Supplier covered under the Contract.

Fully Compliant (FC),;,

If the offer of Bidder fully meets til e Tender requ irement.

Partially Compliant (PC): If the offer of Bidder meets the requirement partially. The bidder shal l state the reason why the offer is partially compliant. However, if the bidder is able to fulfill rhe specified requiremen t la ter, the time schedule for this shall be stated. In such cases, the bidder shall clearly mention the extent to wh ich other

requirements or specifications are affected.

Non Compliant (NC):

If the offe r of Bidder cannot meet the requirements. The bidder shall also state reasons for it.

End of Abbreviations and Glossary (Commercial)

6 Tende NCDL/CC0:oii073-7'4"'fur Supply and Delivery of (U)SJM Cards to7 GSMtMobile) r-;;;;;i'd.1~ostpaid Services

Nepal Telecom


Section I: Invitation for id (IF

Nepal Telecom


Section I: Invitation for Bids (IFB) Date: July 13, 2017

Tender No. NCDL/CC0-03/073-74

1 W ireless Service Directorate of Nepal Telecom (Nepal Doorsanchar Company Limited) intends to

purchase (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services. For this purpose, Wi reless

Service Directorate of Nepal Telecom (Nepa l Doorsanchar Company Limited) invites sea led bids for the Tender No. NCDL/CC0-03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services.

The Bidders, who meet the eligibility criteria, mentioned in the Clause No 16 of Section Ill: Instruction to Bidders (ITB) can participate in this Tender.

The evaluation process shall consist of five (5 ) stages i.e. Pre liminary examina tion, De tailed

Technical Eva luation, Detailed Commercial Evaluation, De tailed Financial Eva luation and Proof of Compliance (POC) Test. Kesponsiveness of the bids shall be de termined by the Preliminary Examination, detailed Techn ical Evaluation and detail Commercial Evaluation of the l3ids. Financia l Eva lua t ion determines ranking of the bids based on the evaluated price. The bid found to be responsive with lowest eva luated price after the Financia l Eva luation shal l undergo POC test. The bid that completes POC test successfully shall be determined successful bidder. Please refer to Clause No. 17 of Section Ill for more details in evaluation process.

Nepal Te lecom intends to procure tota l 6 Million (U)SIM cards from two bidders under th is Tender

Invitation. One Bidder w ill be awarded Contract for the supply of 60% SI M Cards i.e. 3.6 M illion SIM cards and another Bidder will be requested to provide remain ing 110% i.e. 2.11 M ill ion SIM cards at the price of Suppl ier of the con tract for 60% SIM cards. /\nother bidder may decline/d isagree the request w ithout the risk o f forfei ting its bid securily. Please refer to Clause No. 17.8 of Section Ill :

ITB.

The bidder shall ulso quote the price of the (I) SIM cards as <J n optional offer in accordance with

the Section VII: SOP "Optional Offer". The Cost of {I) SIM {Optional Offer) is not considered for

evaluation.

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

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

Central office, Bhadrakali Plaza, l<athmandu, Nepal.

Tel. No. 977 1 4210206 Fax No. 977 1 4258233

E-Mail ntc.cco@ntc. net.np Websi te : http://www.ntc.ne t.np or http://eproc.n tc.net.np

3 A complete se l of bidding documents may be purchased by any interested bidder on the submission of a w ritten appl ication to the office mentioned in clause no. 2 of this section and upon payment of a non-refundable fee of NPR. 40,000.00(Nepalcsc Rupees: ro rty Thousand only) or USS

390.00 (US Dollars: Three Hundred Ninety only) or Euro 340.00 (Curo : Three Hundred Forty Only).

The format of written application shall be as per Sample Form No. 11 of Section V.

4 The Bidder shall procure the bidding document by itself (or a person authorized by bidder) from the office mentioned in Clause No. 2 of this section and shall use same bidding document for the preparation of the bid proposal. The bid proposal from the bidder without procuring the bidd ing

document by itself (or a person authorized by bidder) from the office mentioned above shall not be accepted. Bidder shall submit copy of the receipt for the purchasing of the bid document obtained from Nepal Telecom. The Bidder shall submit along with the bid proposal the original tender - - - -8 Tender N~CC0-03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (M obile) Prepaid and Postpaid Services

Nepal Telecom

Nepal Doorsanchar Company I imited

document purchased from Nepal Telecom with duly filled compliance statement on each and

every clauses of Section IV and Section VIII. The submitted original tender document shall be

sealed with official seal of bidder and signed by authorized person on each and every page.

If interested bidder wishes to collect the document by courier service, bidder shall deposit bid

purchase nmount and courier service charge at bank account mentioned be low. The courier service charge in NPR. 8,000.00 (Nepalese Rupees: Eight Thousand), or USS 80.00 (US Do llars: I ighty only) or Euro 70.00 (Euro : Seventy only) will be charged to the bidder.

The account information for depositing the bid purchase amount and courier service charge is as

follows:

Description __

Name of the Bank

A/C No.

Nepalese Currency - --Standard Chart ered Ba nk

Nepal Limit~d, Nepal 02041562601

US Dollars or Euro Sta ndard Chartered Bank- -

Nepal ~imited, Nepal 01041562652

5 Bids must be accompanied by a Bid Securi ty of NPH 5,610,000.00 (In words: Ncpolesc Rupees: rive Million Six Hundred Ten Thousand Only), or USS 511/150.00 (In Words: United Stotes Dollar: rifty Four Thousand Four Hundred rifty on ly) or Euro '17,660.00 (In words: Euro: Forty Seven Thousand

Six Hundred Sixty only) . The bid security must be furn ished or counte r guaranteed by one of the

banks listed in Annex-I.

6 The Bidder may submit the Bid Security issued or counter guaranteed by the bank not listed in Annex - I with Nepal Telecom's prior written consent. In such a case, Bidder shall make a request to accept the bank other than listed in Annex - I, fifteen (15) days prior to the deadline for the submission of bids. However, Nepal Telecom reserves the right to accept or reject the bidder's request without thereby incurring any liability to the affected bidder or any obliga tion to inform or

exp la in the affected bidder of the grounds for Nepal Telecom's action.

7 If bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited in Deposit Bank and submit the receip t of the deposi ted amoun t of cash along with the bid. 1 he nank details and Account number shall be provided to bidder upon reque st.

8 Bid documents will be available in soft copy (in Cl)) as we ll as in hard copy. The offer shall also be

provided in the hard copy (documentation form) as well as in the form of soft copy in CD (in Word,

Excel and PDF Forma t). Soft copy will be used for the easiness of bid preparation and for the easiness of bid evalua t ion only. In case of discrepancy between t he two, the hard copy shal l

prevail.

9 E-Submission 9.1 For e-submission, bid documents will be ava ili.lble in Nepal Telecom e-procurement portal (PDF

Format ). The bidders may submit the ir bid through e··submission which is ava ilable in Nepa l Telecom e-procurernent portal i.e. http://eproc.ntc.net.np . Please also refer to Clauses in Part-B

of Section II : Important Notice to Bidders (INB)

9.2 For e-submission, bidder has to register in Nepal Telecom e-procurement portal. The registered bidder hos to procu re the bid document nnd prepare the entire bid proposal in trad it iona l way with

sign and seal. The bidder has to scan all the documents as mentioned in Part B of Section II : Important Notice to Bidders (INB) into PDF format. ThC'se softc:opy (document) has to be uploaded in their respect ive place. For details please visit Nept1l -1 clecom c procurement porta l i.e.

http://eproc.ntc.net.np.

9.3 The bidder ht1s to submit following three (3) envelopes to Nepal Te lecom wi th in seven (7) days

from the date of bid opening. Please also refer to clause 9.1 of Section Ill: Instruct ions to Bidders

(ITB).

9 i Tender ~/cco:ii3/073 · 14for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

Nepal Te lecom


a) 1st envelope with seal and marked as "Original ", shall contain original documents as per Part -A of Section II : Important Notice to Bidders (INB).

b) 2nd envelope with sea l and marked as "Copy", shall contain copy documents as per Part -A of Section II : Important Notice to Bidders (INB).

c) 3rd envelope with seal and marked as "Original Documents of e-Submitted Bid", shal l conta in origina l documents as per Part-B of Section II: Important Notice to Bidders.

9.3 The bidder who submits bids in h<Jrd copy (manua l submission) as well as th rough c-submission shall be treated as two separate bids by a same bidder and hence will be disqualified. However, the bidder who has submi tted the bid electronically may submit the hardcopy before the bid submission dead line, only if they submit the valid official letter requesting the withdrawal of the csubmitted bid proposal along with the bid.

9.4 The bidder who submits bids through e-submission shall submit the Original Copy of Bid Secudl'l at the t ime of Bid Opening. Non-submission of Original Copy of Bid Security at t he time of Bid opening shall result in the rejection of the Bid

End of Section I: Invitation for Bids IFB

-lO T ender No. NCDL/CC0-03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

I

Nepal Telecom


ect ion II : Important Notice to Bidders {INB)

11 ~· NtDL/CCD-03/073-74 '°' SopPiv '"' o;;;;;; ,, 1Ui51M ,,.,71.,. GSM (Mobllo) '"''" -;;;;;;;.""" ''"""

Nepal Te lecom Nepal Doorsanchar Company Lim ited

Section II: Important Notice to Bidders (INB) The Bid prepared by the Bidder, and all correspondence and documents re lating to the Bid exchanged by

the Bidder and Purchaser, shall be written in English Language.

Part A For the bidder, who has submitted their bids through e-submission, shall also furnish t he original hard copies (of e-submitted doc) of the following documents within seven (7) days from the date of bid opening. The original copies and scan copies, if varies, the varied copies shall not be considered for

evaluation.

(a) Compliance Statements (FC/PC/NC} on each and every clause on Conditions of Contract and Technical Specifications of Original Tender Document purchased from Nepal Telecom office including al l

Amendments and Clarifications issued by Nepal Telecom.

(b ) All pages of the Original Tender Document purchased from Nepal Telecom including the Amendments and Clarifications issued by Nepal Telecom shall be signed by authorized person and sea led with offici<il sea l of bidder. The Bidder shall submit the sealed and signed Original tender document in 1'

1 envelope.

Please also refer lo Clause No. 9 of the Section Ill: 1m.

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

(c) Detailed technical description and the performance characteristics of the all offered goods shall be

included along wi th the bid document.

(d) Bidders El igibility and Goods/Equipment Field proven-ness of the offered goods as specified in Clause

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

All documents supporting as evidence for the clauses of eligibility of products shall be Authentic Documents (certificates with the letter head of the issuing authority duly signed with date by the authorized person, stamped with o fficial seal and with name, designation of the signatory in the letter) regard ing Bidder's/ Manufacturer's experience and field proven-ness of offered goods as mentioned in

the Clause No. -16 of Sect ion Ill: Instructi ons to Bidders (ITB).

All the pages of the documents submitted under the Clause No. 16 of Section /If shall be sealed and

initialed by the person authorized to sign the bid proposal.

(e) Quality Assurance Certificate ISO 9000 Series Certi ficates: Certific:ates re lating to the manufacturing of

offered (U) SIM Cards.

(f) Letter stating tha t the bidder and manufacturer of (U) SIM Cards are not cha rged of blacklist or

ineligibility for co rrupt and fra udulent practices by Government of Nepal.

(g) Letter stating that the bidder and manufacturer of (U) SIM Cards are not having and not plan to have

ownership w ith compet itors of Nepal Te lecom in Nepal until the complet ion of al l the contrac:tual

obligations.

(h) Let ter stating tha t the bidder is not having conflict of Interest as per the Clause 16.8 of Section Ill: 1Tl3.

(i) A Certificate of Acc reditat ion provided by GSM Associa tion's Smart Card Securi ty Accreditat ion Scheme (SAS). The SAS cert ificate shall have at least Class 1 assets or all three points as mentioned below

within its audited scope, • Generat ion of personal isation data for UICCs

• UICC personalisation

• Va lue .. ;idded fulfil rnrnt of UICCs for the particular manufacturing plant of (U) SIM Cards, from which the (U} SIM Cards will be supplied

to Nepal Telecom and shall be va lid at least, ti ll the last submission date of the Bids.

~ r;;;;;" No. NCO\./CC0·03/07 3· 74 f" S•pPly ••d ocli;0<y -;;, (U)SIM C.<d• fo, GSM (Mob II<) P"P'ld;.;;; Po«p•ld SoNlm

Nepal Telecom


(j) Se lf declaration let ter regarding the authenticity of the submitted documents.

Part B

The Origina l Copies of t he following documents shall be submitted by the bidders fo r Bid Opening purpose, without which the bid shall be rej ected.

For the bidder, who has submitted t hei r bids through c-submission, shall also furnis h the original copies of the following documents w it hin seven (7) days from the date of bid opening. The or iginal copies and scan copies, if varies, the varied copies shall not be considered for eva luation.

(a) Bid Form duly signed with date by the authorized person and stamped with officia l sea l as per Sample Form No. - 1 "Bid Form" o f Sect ion V enclosed in the bid document.

(b) Bid Security furnished in accordance with Clause No. - 7 of Sect ion Il l: Instructions to l3 iddcrs (I rB) and

as per Sample Form No. - 2 "Bid Securit y Form" of Section V enclosed in the bid document.

(c) Schedule of Prices (SOP (A) and SOP (B)) duly filled and signed with date by the Authorized Person and

stamped with official sea l in accordance wit h Sect ion VII: Price Schedule and Quant ity Thereof for

offe red (U) SIM Cards.

{d) Manufacturer's Authorization Let ter as specified in Clause No. 16 of Sect ion Ill: Inst ruct ions to 13idders (ITB) if bidder is not a manufac turer of the offered (U) SIM Cords. (Not Applicable)

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

Applicable)

(e) The Power of Atto rney and Signature Specimen of l he Authorized Person in a separate sheet shall be

submitted along with the Bid.

(f) Lette r of Discount-In case, the bidder wishes to offer any sort of discount on goods, services and inland de livery, such letter of discount applicable to the main offor shall be attached to the 3rd envelope "Documents fo r Bid Opening" . The offered discount will not be cons idered for eva luat ion of bid if such

letter is not attached with bid opening document. /l.ny sort of discount shall be proportionately

absorbed in the unit price of all the goods, services and inland del ivery at the time of contract and shall

remain valid and applicable in all subsequent purchases on later da tes as mentioned in clause no. 6.11 of Section Ill: ITB. The offered discount shall also be used for the evaluation and loading/Adjustment purpose. The discount letter attached in the 1st Envelope "Original" and 2nd Envelope "Copy" shall not

be considered.

Part C

In order to simplify the process of Bid opening and also to economize the t ime consumed during the Bid opening, the Bidders are required to submit the above documents mentioned in Part -B in a separate

sealed envelope marked as " DOCUMENT FOR BID OPENING" . Otherwise, t he Bidder shall be ful ly

respons ible for the probable consequences that may resu lt therein after.

Par t D

Important Clauses in Conditions of Contract {COC} and Technical Specification

(a) The bid shal l be rejected if the bidder fo i ls to comply with clauses re lated to Performance Securi ty as

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

(b) The bid shall be rejected if the bidder fai ls to comply with the clauses related to Delivery (Clause No. 5)

of Section IV: Conditions of Contract (COC).

1~"'" No. NCOl/CC0·03/073·74 I°' S• ppfy '"' o;H.,,, of (U)SIM '"''foe GSM (MobHo) Pcop•;d '"' '°""" '''";"'

(1) Nepal Telecom

Nepal Doorsanchar Company Lim ited

(c) The bid sl1a ll be rejected if the bidder fails to comply with the cl11uscs related to Warranty (Clause No. 6) of Section IV: Conditions of Contract (COC).

(d) The bid shall be rejected if tl1e bidder fails to comply with clauses related to Payment Terms as per Clause No. 7 of Section IV: Conditions of Contract (COC).

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

(f) The bid shal l be rejected if the bidder fa ils lo comply w ith clauses related to Taxes and Duties as per Clause No. 11 of Section IV: Conditions of Contract.

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

(h) For more detai l information on bidding document preparation process, process of eva luation and

determination of successfu l bidder and other processes, please refer to Sec tion Il l: Instructions to Bidder ( ITB)

Part E

Technical Compliance Statement

In order to assist the evaluation process, the bidders shall mention the re levant Clause No., Page No.,

Chapter/ Section/ Vo lume of the offered bid document and/ or the brochure and ca talogue, wherever applicable, for the purpose of verification of their technical compliance statement.

End of Section II: Important Not ice to Bidders (I NB)

~

- 141 Tender No-:Nc'DL/CC0-03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

Nepal Telecom


ection III· Instructions to Bi

I der

15 ,- Tender No. NCDL/CC0-03/073-74 fo r Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

'&t

Nepal Telecom

Nepal Doorsanchar Compa ny Limited

Section 111: Instructions to Bidders (ITB)

1 Cost of Bidding

The Bidder shal l bea r all cost associated with the preparation and submission of its bid, and Nepal Te lecom wi ll in no case be responsible or liable fo r those costs, regardless of the conduct or outcome of the bidding process.

2 Bidding Document

The goods/ services required, bidd ing procedures and conditions of contract are prescribed in the bidding documents. In addition to the Invitation for Bids, the bidding document shCJll include: (a ) Instruction to Bidders (IT13) (b) Conditi ons of Contract (COC) (c) Schedule of Requirements (SOR) (d) Technical Specifications

(e) Bid Form and Price Schedule

(f) Bid Security Form (g) Contract Form (h} Performance Security Form (i) M anufacturer's Autho rization Letter (if appl icable) (j) Addendum/Clarifications issued in accordance w ith Cl<:iuse Nos. 3 and 4, if any.

The Bidder is requ ired to examine all instructions, commercial terms and conditions, forms, technical specifications, schedu le of requ irements etc. as included in the bidd ing document. Fa ilure to furn ish all information as required by the bidding documents or submission of an incomplete and/ or partially quoted bid will remain at the bidder's risk and may result in the rejection of its

bid.

The bidder shall be duly authorized by the producer or manufacturer of the goods to supply the goods in Nepa l, in case thC' bidder did no t manufacture or otherwise produce it (I f Applicable).

3 Clarification of Bidding Documents 3.1 A prospective bidder requiring any clarification of the bidding documents may notify the Nepal

Te lecom in writing at the mailing address indicated in the invitation for bids. The Nepal relecom will respond in writing to any request for clarification of the bidd ing documents received not la ter than Fifteen (15) days prior to the deadline for the submission of bids. However, the Bidders are advised to notify Nepa l Telecom about the issues and queries observed in the Tender Document prior to Pre-Bid Conference. Written copies o f the Nepal Telecom's response (includ ing an

explanation of the query but without identifying the source of the inqui ry) will be sent to all

prospective bidders who have purchased the bidding document.

Non submission of queries within the time stipulated as above shall be considered as acceptance by Bidder f or all t he Tender Document's terms and conditions as interpreted by Nepal Telecom.

3.2 Pre-Bid Col}fercr}ce 13ased on the contents and volume of the queries, Nepal ·1cl0corn may conducl Pre-Bid Conference in order to clarify issues and queries raised by bidders. Bidders are advised to read the tender document

ca refully and notify Nepa l Telecom abou t issues and queries observed in Tender Document (if any)

prior to Pre-Bid Conference. The Pre-13id Conference sha ll be held Twenty One (21) days after the Tender Published date. All the bidders who have purchased the bid document from the Nepnl Telecom or from the e-procurement shall be eligible to participate in Pre-Bid Conference. If Nepal Telecom decides to conduct Pre-13id Conference, all the eligible bidders are invited for the Pre-Bid Conference. The number of the participants from each bidder organizat ion sha ll not exceed four (4 ). exact date, venue and time of Pre-Bid Conference shall be notified to bidders at appropriate time. Nepal Telecom

16(\)f d" No. NCOL/CC0-03/073-74 10' 5, pply Md Doll""Y of (U)SIM C"d' 10' GSM (Mobilo) P"p•id "' Po<tpold S"•im

Nepal Telecom Nepal Doorsanchar Company Limited

shall response to issues and queries raised during the Pr0 13id Conference as per clause' no. II of this

section.

II Amendment of Bidding Document

11.1 Nepal Telecom, may, for any reason, whether at its own in it iative or in respo nse to a clarifica tion

requested by a prospective bidder, may issue clarification and corrections seven (7) days prior to the deadl ine for the submission o f bids.

4 .2 Such clarificat ions and corrections wil l be notified in writing to al l prospective bidders who have purchased the bidd ing documents. Inclusion of such clarification and corrections will be binding on

them.

11.3 In order to provide bidders reasonable time in which to take the amendment into account in

preparing th eir bids, Nepal Telecom m<1y at its discretion extend the deadl ine for submission of

bids.

5 Comgosition of Bi_Q_Qocument The bid documents shall comprise' document s and forms duly fil led with dale and signed by Au thori1ed Person as mentioned in the Secti on II: ' Important Notice to Bidders' .

5.1 Submission of the following documents, forms and samples along with bid document are

mandatory, without which, the bid shall be rejected.

(a) Bid Form {Sample form No. - 1) in accordance with Section V: Sample Forms; duly fill ed with da te

and signed by Authorized Person.

(b) Bid Security furnished in accordance with Clause No. 7 of Section Ill: Instructions to Bidders (IT13)

and the Bid Security Form (Sample form No. - 2) duly filled with date and signed by authori7ed

Person.

The bidder who submits bids through e-submission shall submit the Original Copy of Bid Security

at the time of Bid Opening. Non-submission of Original Copy of Bid Security at the time of Bid

opening shall result in the reject ion of the Bid.

(c) Schedule of Prices {SOP {A) and SOP (B)) in accordance w ith Section VII and Clause No. G of Section 111: Instruct ions to Bidders (ITB) du ly fi ll ed with date and signed by ciuthorized person.

(d) Manufactu rer's Au thorization Letter (as per Sample form No. - 3 of Section V) if the bidder is not a

manufacturer of the offered goods/ items. If the Bidder is a manufacturer of the offered goods, necessary document that proves the Bidder be ing a manufacturer of the offered goods. (Please

refer to Clause No. -16 of Section Ill: ITB) (Not Applicable).

(e) The Power of Attorney and Signature specimen of the Authorized Person in a separate sheet shall be submitted along with the 13id. {Please refer to Clause No. e of Part-B of Section II: Important

Notice to Bidders.)

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

Appl icable) (if Applicable )

(g) Compliance Statements (FC/PC/NC) on each and every clauses of Conditions of Contract and Technical Specifica tions includ ing all Amendmen ts and Cl<Jrifica t ions issued by Nepal Telecom.

(h) Bidders Eligibility and Goods/ Equipment Field Proven-ness of the off cred type of goods. (Please

refer to Clause No. 16 of Section Ill: ITB)

17 ~,;No. NCOL/CC0-03/073· 74 lo< S"pply '"' D<li'<<V of I U)SIM C.<d• lo< GSM (Mobllo) P«p•ld '"' Po"p•ld S0<•im


(i) All pages contain ing Conditions of Contract and Technica l Compliance Statement shall be signed by

the Bidder and stamped with official seal.

(j) Quality Assurance Certificate ISO 9000 Series certificate relating to manufacturing of (U) SIM

Cards as per Clause No. 16 of section Il l

(k) Letter stating thtJt the bidder and mJnufocturer of the offered goods Jre not charged of blacklisted or inel igibility for corrup t and fraudulent practices by Government of Nepal.

(I) Letter stating that the bidder and manufacturer of the offered goods are not having and not plan

to have ownersh ip with compet itors of Nepa l Telecom in Nepal until the completion of all the

contractual obligations.

(m) Letter stating that the bidder is not having conflict of Interest as per the Clause 16.8 of Section Ill:

ITB.

(n} A Certificate of Accreditation provided by GSM Association's Smart Card Security /\ccreditation Scheme (SAS). The SAS certificate shall have tJt least Class 1 assets or all th ree points as mentioned

below within its audited scope,

• Generation of personalisation data for UICCs

• UICC personalisation • Va lue-CJdded fulfi lment of UICCs

for the particular monufoc1 uring plant of (U) SIM Cards, from which the (U) SIM Cards wi ll be supplied to Nepal felecom and shall be valid at least, till the last submission date of the Bids.

5.2 The Bidder shall submit the above documents from (a) to (f) in 3'd envelope sealed and marked as

"Document for bid Opening" and remaining documents shall be enclosed in ls1

envelope "Original" and 2"d envelope "Copy" as mentioned in Cl ause No - 9: of Section Ill : Instructions to

Bidders.

In ca se of e-submission, documents from (a) to (f) and other documents mentioned in Part-13 of Section II shal l be enclosed in 3 'd envelope sealed and marked as "Original Documents of e

submitted Bid".

5.3 Compliance Statements to Commercial and Technical Requirement

5.3.1 In the offer, the Bidder shall include clause by clause statement and sufficient documentation such tha t Nepa l Te lecom can va lidate the compliance statements. In the statement of compliance, the

bidder shdl l sl ate:--

(a) "Fully Compliant (FC)", If the offer of Bidder fully meets the Tender requirement.

(b) " Partially Compliant (PC)", If the offer of f1idde r meets the requ iremenl partially. The bidder shall state the reason why the offer is partially compliant. However, if the bidder is able to fulfill the specified requ irement later, the time schedule for this shall be stated. In such cases, the bidder shal l clearly men tion the extent to which other requirements or specificat ions are

affected.

(c) "Non Compliant (NC)", If the offer of Bidder cannot meet the requirements. The bidder sha ll

also sta te reasons fo r it

18 ~"No. NCDL/CC0-03/07'· 74 fO' S"pply '"' Dolivo<y of (U)SIM C"d< Im GSM (Mobile.) Pcopoid '"' P0<tp•ld '°"""

Nepa l Telecom


(d) Compliance sta tements suct1 as '/\greed', 'Noted', 'OK', Tick mark, Do(") and 'Understood ' etc.

shall not be acceptable and shall be considered " Non Compliant"

Bidders shall mention, along with the compliance statement, the relevant Clause No., Page No.,

Chapter/ Section/ Volume of the offered bid document and/ or the brochure and catalogue, wherever app licable, for the purpose of verification of their commercial and technical compliance statement.

5.3.2 In case of absence or unclear statements of compliance for any specified requirement, Nepal Telecom will interpret I.hat particular requi rement as being "Non Compliant ".

5.3.3 If the bidder has sta ted 'fully compliant' aga inst Commercial and Technical clauses with comments resulting in material deviation, such statement shall be considered as "Non Compliant " .

5.3.tl If the bidder has stated pnrtially or non compliant to some of the clauses, the succC'ssful bidder shall provision for all such requirements and make the bid fully comp liant to all Nepal Telecom

requirements at the time of signing of contract.

6 Bid Price and Bid Currency

The bidder shall quote the un it prices and total bid prices of the goods and se rvices it proposes to supply under the contract on the price schedule attached to this document.

6 .1 The Bidders from Nepa l shal l quote in Nepalese currency on CIF Fina l Destination as mentioned in Section VI: SOP and payments will be made accordingly. This price shall be inclusive of taxes/duties

such as VAT and Custom Dut ies etc. applicable in Nepal. Such Bidder must submit up to date

firm/Company registration certificate and Tax clearance certificate from Government of Nepal.

6.2 The 8idder from outside Nepal sha ll quote in CIF Custom Cntry Poinl Price and Inland Delivery cost

to Final Destinati on:

a) Bidder shall quote for goods in USS or EURO on Clf Customs En try Point bas is. The prices shall be exclusive of laxes/du t ies such as VAT and Custom Du ties etc . applicable in Nepal.

b) Bidder shall quote in Nepalese Rupees for the inland transportation cost from Custom Entry Point

to Final Destination, inclusive of VAT applicable in Nepal.

For this purpose, "Custom Entry Point" means Tribhuvan International Airport (TIA), India/Nepal boarder of Jogbani/Biratnagar, Raxaul/Birgunj, Sunauli/13hairahawa, Rupadiya/Nepalgunj, Gaurifanta/Dhangadhi and China/Nepal boarder of Zhangmu (Khasa)/Tatopani, Rasuwa (Timure) as

mentioned in Section VI I: SOP.

6.3 Service to be rendered inside Nepal All the prices of serv ices to be rendered in Nepal, including inland transportation cost shall be

inclusive of trixes/ dutie_uuch as V/\T, Loca l DeveloQ!Ylent Tax, Custom D11ties, and Security Tax etc.

applicable in Nepal.

If the Bidder is other than Nepalese Bidder, the Bidder shall submit V/\T Registration Certificate issued by Nepal Government after the signing of the Contract . The bidder may authorize any other service provider (Manufacturer/ Subsidiary/ Local Partner/ Local Agent/ Consortium Member) to

provide the service in Nepal. However, such other service provider (Manufacturer/ Subsidiary/

Local Partner/ Local agent/ Consortium Member) shall submit v /\ T Registration Certifica te r rom

Nepal Government.

- - -19 ~"No. NCDL/CCD·03/073·74 I" S"pply '"d DoUv"y of {U}SIM C"d' I" GSM {Mobllo) Prnp,;d ' "' Po«p•ld '"''"'

Nepal Telecom


Service to be rendered outs ide Nepal

The Bidder other than Nepali shall quote in US$ or EURO for services rendered outside Nepa l. In such a case, price shal l be exclusive of VAT. The Bidder other than Nepali may quote in NPR for the

services to be rendered ou tside Nepal. In such a case tl1e price shal l be inclusive of VAT.

6.11 The Bidder shall be responsible to pay w ithhold ing tax (TDS - Tax Deduction at Source) as per the Income tax law of Nepal app licab le at the t ime o f the payment.

6.5 The Bidder from outside Nepal, if wishes to supply goods and services with Nepal as country of

origin or wishes to quote in Nepa lese Currency fully or parti ally, shall quo te in Nepalese Currency. This price sha ll be inclusive of taxes/duties such as VAT and Custom Duties etc. applicable in Nepal. Such Bidder shall submit Tax Invoice with VAT number.

6.6 The supplier sha ll quote all the services to be rendered inside Nepa l in Nepa lese Hupees and sha ll be inclusive of all taxes including VAT. If the Supplier quotes in currency other than the Nepalese

Rupees fo r the se rvices to be rendered inside Nepal, the price shall be considered to be inclusive of VAT. In such a case all the prices quoted in foreign currency for the se rvices to be rendered ins ide Nepal sha ll be converted to Nepalese Rupees applying the exchange rate of the Bid Opening Date

at the t ime of signing of Contract .

6.7 The Nepa lese Company, wishing to furnish the Bid Security on beh<J lf of Lhe Principal company (Manufacturer/Bidder) shall state in the Bid Security, the 13idder's name as " M/S _ _ (Name of Nepalese Company) submitt ing lj id Securi ty on behalf of 13idder M/S _. _ (Name of Principa l

Manufacturer/ Bidder)". The name and address of principal company must be mentioned in the bid Security. Howevrr, if the bidder happens to be CJ successful bidder, the Performance Security

shall be furnished by Principal Company in currency of Contract or in cqu ivulcnt US$. The Bid Security shall be fo rfei ted in case of occurrence of any one of the conditions mentioned in the

Clause No. 7.6 of Section Il l.

6.8 In case of Nepa lese Company submitting bid proposal on beha lf o f a Principal Company

(Manufacturer/ 13idder other than Nepalese):

i. The 13idder (Principa l Company) shall furn ish Power of Attorney to Nepalese Company to

submit a Bid.

ii. The Bidder (Principal Company) shall quote the prices as stated in clause no. - 6.1 of Section Ill: Instructions To Bidders (ITB).

iii. If Nepa lese Company wishing to furnis h thr bid security on beha lf of Principal Company shall furnish the 13id security in the manner and trrrns & conditions as ment ioned in Cluuse No. 6. /

above

iv. The Bidder (Principa l Company) may authorize Nepalese Company to sign the Contract on

behal f of Bidder (P rincipal Company).

v. If the bidder happens to be a successful bidder, the Performance Security shall be furnished by Principal Company in currency of Contract or in equiva lent US$.

(i) Nepal Telecom shall open L/C in the name of 1>rincipal Manufacturer/B idder and payment sha ll

be made to the Principal Manufacturer/Bidder on ly after deducting TDS (Tax Deduction at

Source) applicable at the time of payment <JS per Income Tax law of Nepal.

6.9 The prices shall be fixed and will not be subjected to any variation.

6.10 Any bid not submitted as per the Clause No. 6.1 - 6.9 shall be rejected .

6.11 The unit price of all goods, services and inland transportation (tf Applicable) shall be quoted in Section VII : "Schedule of Price (SOP)" in the column rclil ted to price (Unit and To tal Price). fxccpl

20 ~No. NCOL/CCO 03/073·74 foe S"pply '"' Doli"'Y of (U)SIM Cud< foe GSM (Mobilo) P"poid '°' PO'lP' ld '""""

Nepal 1 clecom


monetary value, Bidder shall not quote any other text such as " Included Above" , "Not Applicable",

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

6.12 In case, the bidder w ishes to offe r any sort of discount on goods, services, inland delive ry, such

letter of discount applicable to the main offer shall be attached to the 3 rd envelope "Document for

bid opening". The offered discount will not be considered for evaluation of bid if such letter is no t attached with bid opening document. Any sort of condition for discount shall not be ente rtained but such discount shall be proportionately absorbed in the unit price of all the goods, services and inland delivery at the time of contract and shall rema in va lid and applicable in all subsequen t purchases on later da tes as mentioned in clause no 6.12 of thi s sect ion. The offered discount shall also be used for the evaluation and loading/ Adjustment purpose. Thf' discount letter attached in

the 151 Fnvelopc " Original" and 2nd Fnvelope " Copy" sha ll not be considered.

6.13 The quoted uni t prices shall remain valid un til two (2) years from lhe date of comple tion of Warranty Period as mentioned in the Clause No. 6 of Sect ion IV: Conditions of Contract (COC) and applicable in all subsequent purchases on later dates wi thin or aftN the warran ty period.

6.14 Unit Prices of the offered good s, services and inland transporta tion in all lots, phases and packages

(if applicable) shall be same.

6.15 The terms FOB, CIF, CIP, etc. sha ll be governed by the ru les prescribed in the current edit ion of INCOTERMS published by the International Chamber of Commerce, Paris. However, the risk shall

be covered as per Clause No. 14 of Section IV: Condit ions of Contract (COC).

6.16 Bidder shall not quote goods, services, inland deliver'( in Free of Cost (FOC) basis.

In case, Bidder quotes a Free of Cost items, the quoted unit price of the roe item shall be used for

the subsequent purchase to be made as per the clause no. 6.11 of Section Ill: ITB provided that the

quoted Unit Price is lowest among all the respon sive bidders.

If the quoted unit price of the FOC item quot ed by the bidder is not lowest among all the responsive bidders or if the unit price for FOC item is not quoted at all, then lowest unit price among other responsive bidders shall be considered as uni t price of the FOC item and shall be used for the subsequent purchase to be made as per clause no. 6.12 of Section Ill: ITB.

7 Bid Security

7.1 Pursuant to clause No. - 5 of Section I, the bidder sha ll furnish, as part of its bid , Bid Security of NPR

5,610,000.00 (In words: Nepalese Rupees: Five Mill ion Six Hundred Ten Thousand Only), or USS 54,450.00 (In Words: United States Dollar: Fifty Four Thousand Four Hundred Fifty on ly) or Euro

47,660.00 (In words: Euro: r:orty Seven Thousand Six Hundred Sixty only).

7.2

7 .3

7.4

21

The bid security must be furnished or counter guaranteed by one of the Nepalese Commercial Banks

as mentioned in Annex - I. If bidder wishes to submit the Bid Security in the fo rm of cash, the cash should be deposited 1n Bank and submit the receip t of the deposited amount of cash along with the bid. The bank details

and account number sl1all be provided to Bidder upon reques t.

Bid Security shall rem<1in valid up to January 27, 2018.

Any bid not secured in accordance with clause Nos. 7.1 and 7.2 shall be rejected.

The bid security is required to protect Nepal Telecom against the risk of bidder's non-performance.


7.5 The Bid Securities of all the bidders wi ll be discharged upon signing of the Contract and after

fu rnishing the Performance Security by the Successful Bidder, pursuant to Clause No. - 4 of Section

IV: Conditions of Contract (COC).

7 .6 The bid securitu!rnll be forfeited:

{a) if a Bidder withdraws or requested to modify its Bid after the deadline of bid submission and before the expiry of bid va lidity specified by the Bidder on the 13id Form; or

(b) if the Bidder does not accept the corrected bid price as per arithmetical error correction performed during financial evaluation; or

(c) if the Bidder's response to the clarification sought by Nepal Te lecom as per Clause No. 1 7.6 of Section Ill: ITB, constitutes change in price and substance of the Bid; or

(d) if the Bidder ca rry out or ca use to carry out the acts mentioned in Clause No. 24 of Section Ill: ITB with an intention to influence the implemcntat ion of the procurement process or the

procurement agreement; or

(e) If the Bidder, having been notified of the uccep tance of its' bid by Nepal Te lecom during 1he period of bid validity, either fails or refuses to sign the contract agreemen t within fifteen (15) days from the date of issuance of lette r of Acceptance {LOA); or foils or refuses to furnish the Perfo rmance Securi ty in accordance with clause No. - 4 of Sect ion IV: Cond it ions of Contract

(COC).

(f) If the bidder fails to extend the bid va lid ity period as requested by Nepal Telecom as

mentioned in clause 8.3 of this section.

7.7 If due to certain reasons, bid submission date is extended, the validity of the Bid Security shall be extended accordingly without which bid shall be rejected.

7 .8 The Bid Securi ty of a Joint Venture (JV) must be in the name of the JV that submits the bid. If the JV has not been legally consti tuted at the time of bidding, the Bid Security shall be in the names of all

future partners. JV shall abide by all preva iling Laws including Tax Law of Nepal.

7.9 In ca se of consort ium, l he 13id Security shall be submitted by the member of consortium designated

by consort ium for the submission of the Bid Securi ty.

8 Period of Validity of Bids

8.1 Bids sha ll remain valid up to one hundred twenty (120) days from the date of bid opening. C3ids,

not va lid until the date mentioned above, shall be rejected.

8.2 In exceptional circumstances, Nepal Telecom may solicit the bidder's consen t to an extension of the period of valid ity. The request and the responses thereto shall be made in writing. The bid security provided under clause No. - 7 of sect ion Ill: ITB shall also be suitably extended. A bidder may refuse the request withou t for feiti ng its bid security. A bidder granting the request will not be

required nor permitted to modify its bid.

8.3 The bidder sha ll extend the bid va lidity and Bid srcurity as per Nepal Telecom's request if LOI

an d LO A as per clause 17.8 of this sec tion has already been issued by Nepal Te lecom during the

period of bid validity. /\bidder will not be required nor permit ted to modify its bid.

22 I Too~KOL/CCD-03/073·7' '" s,pply '"" O' ffv«v of {U)SIM '"'' '°' GSM {Mobil')'"'''''"' Po«p•ld '"'""

Nepal Telecom


8.4 If due to certain reaso ns, bid submission date is extended the validity of the bid shall be

extended accordingly w ithout which bid shall be rejected.

9 Formats, Sealing, M arking and Signing of Bids

9.1 The Bidders are required to submit the bids in three (3) separa te envelopes each envelope seuled

properly as fo llows:

(a) 1st envelope with seal and marked as "Original" , shall contain original documents as per Part -A

of Section II: Important Notice to Bidders {!NH).

(b) 2"d envelope with seal and marked as "Copy", shall contain copy documents as per Port - A of

Section II: Important Notice to Bidders (/NB).

(c) 3'd envelope with seal and marked as " Document for Bid Opening", shal l contain origina l

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

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

document shall prevail.

9.2 The original and the copy or cop ies of the bid shall be typed or written in indelible ink and shall be

signed by the 13 idder or a person or persons du ly authorized to bind the Bidder to the Contract

along with the official sea l of Bidder. All pages of the bid, except for un-amended printed literature,

shall be initia led by th e authorized person or persons sign ing the bid along with the official Seal of

Bidder. All the re levant pages of technica l specificat ion (includ ing ririnled literature) which justifies

the Bidder's compliance statements sha ll also be sca led ilnd initialrd by authorized person.

All pages of the Original Tender Document purchased from Nepal Te lecom including the Amendments and Clarifications issued by Nepal Telecom shall be signed by authorized person and

sealed with official seal of bidder.

Bidder sha ll include compliance Statements on each and every clause of Cond itions of Contract and

Technical Specifications including all Amendments and Clarifications issued by Nepa l Te lecom. The

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

Bidder.

In pursuant to Clause No. 5.3.l (b) and (c), if the bidder needs to write the reaso ns for their

compliance statements and if the space available in the Origina l Tender Document is not enough to

write the reasons, th e Bidder can use separate plain sheet. In such a case Bidder shall clearly

mention in plain sheet Section Number and Clause Number for which l he reasons arc sought. The

separate sheet (s) sl1all be signed IJy au thoriLed person <Jnd stamped w ith o fficial seal of 13idder.

9.3 Any interlineations, erasures, or overwrit ing shall be valid only if th ey are in itia led by the

authorized person or persons signing the bid.

9.4 (i) The inner and outer envelopes shall be addressed to Nepal Telecom at the following address:

Nepal Doorsanchar Company Limited (Nepal Telecom),

Office of Chief Commercial Officer,

Bhadrakali Plaza, Kathmandu, Nepal.

Tel. No. : 977 1 4210206 Fax No. : 977 1 4258233

23 --;:;;;;;;,, Noci-CC0·03/073-74 '" S"ppfy '"' O•li""Y of (U)SIM ''"' fo< GSM (Mobil•) P"p•id '"' Po"p•ld '""''"


(ii) Bearing " Invitation for Bids Tender No. NCDL/CC0-03/073-74 for Supply and Delivery of (U)

SIM Cards for GSM (Mobile) Prepaid and Postpaid Services and the words "Do Not Open

Before Opening Date" i.e. August 301 2017 and indicate the name and address of the bidder to

enable lhc bid to be returned unopened in case it is declared "LATE".

9.5 If the outer envelope is not sealed and marked as required by Clause No. - 9.4, Nepal Te lecom will assume no responsibility for the bid's misplacement or premature opening of the bid submitted. The bid thus received will be rejected .

9.6 In order to faci litate evalua tion of the bid, the bidder shall provide the complete bidding

documents in hard copy as we ll as soft copy including Schedule of Price (SOP), Schedule of Requi rements (SOR), Compliance Sta tements of both Commercial and Technical requirements,

other calculations etc. In case of discrepancy between hard copy and soft copy, hard copy shall

prevail.

10 Deadline for Submission of Bids

JO.l Bids must be received by Nepal Telecom at the address specified under Clause No. - 9.4 (i) not later

than l.J: !JS a.m. on August 30, 2017.

However, if the submission date is declared to be pub lic holiday, the submission date will be

postponed for the next working day at the said time.

10.2 Nepal Telecom may, at its discretion, extend this deadline for the submission of bids by amending

the bidding documents at any time prior to opening date of the Bid.

11 Modification and Withdrawal of Bids

11.1 A Bidder may withdraw, or modify its bid after it hc:is been submitted either in hard copy or bye

submission. Procedures for withdrawal or modifica tion of submitted bids are as follows:

J 1.2

11.3

(a) Bid Submirted in Hard Copy Bidders may withdraw or modify its bids by sending a written noticr in a scaled envelope, duly signed by an au thorized representative at least 74 hours prior to the-deadline of submission of bid. In such a case the bidder has to submit the authorization letter for the withdrawal or

modify. The corresponding modification of the bid must accompany the respective written

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

respective envelopes shall be clearly marked "WITHDRAW/\L", "MODIFICATION;" and ii. received by the Nepal Telecom 24 hours prior to the deadline prescribed for submission of

bids, in accordance with ITB 10.1.

(b) E-submitted bids. i. Bidder may submit modification or withdrawc:il at least 2L1 hours prior to the deadline

prescribed for submission of bids through e-Submission. Once a 13id is withdrawn, bidder

shall not be able to submit another bid for the same bid. ii. Withdrawc:il and modification of bids through hard copy shall not be considered in case of e

submitted bids. f lowevcr, the bidder who has submiltcd the bid electronically may submit thr hardcopy before the bid submission dcacl line, on ly if they submit the va lid official letter requesting the withdrawal of the c-submittcd btd proposal along with the bid.

Gids requested to be withdrawn in accordance with Clause No 11.l of Section Ill: Instruction to Bidders sha ll be returned unopened to the Bidders after completion of the bid opening

No Bid may be withdrawn, modified afte r the deadline of submission of Bids.

24 1 Toodoc No. ~C0·03/;;;:74 ,,;s,pply ' "' M'"' or 1ui51M C"'' '" GSM (Mobil•)'"''"'"'"""''''"""

Nepal Telecom


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

submission of Bids and the expirat ion of the period of Bid validity specified by the Bidder on the 13id Form. W ithd rawal o f a Bid durinp, this in terval may result in the Bidder's forfeitu re of its l>id Security, pursuant to the sub-clause 7.6 of th is section.

12 Late Bids

Any bid received by Nepal Telecom after the date and the time of submission of bids pursuant to Clause No. - 10 of Section Ill: Instructions to Bidders (ITl3) sha ll be rejected.

13 Open ing of Bids by Nepal Telecom

13.1 Nepal Telecom will open bids, in the presence of bidder's representatives who choose to attend at 12:00 noon on August 30, 2017 at Nepal Telecom, Central Office, Room No. 201, Bhadrakali Plaza, Kathmandu. In case, the bid opening date happens to be an official holiday, Nepa l Te lecom will open the bids in the following working day. The bidder representatives who are present shall

sign a bid opening checklist evidencing thei r attendance.

13.2 Fi rst, envelopes marked "WITHDRAWAL" shall be opened, read out and recorded and the envelope containing the corresponding bid shall not be opened, but return to the bidder. No bid shall be withdrawn unless the correspond ing Withdrawal Notir.e contains a valid authori1ation lo request the withdrawal and is read out and recorded at bid opening.

13.3 Next, envelopes marked " MODIFICATION" shall be opened, read out and recorded w ith the corresponding bid. No bid shal l be modified unless the corresponding Modification Notice contains

a valid authorization to request the modification and is read out and reco rded at bid opening. Only envelopes that are opened, read out and recorded at bid opening shal l be considered further.

13.4 The Bidder's names, bid prices, modifications, bid withdrawals and the presence or absence of the requisite bid security and such other details as Nepal Te lecom at its discretion, may consider

appropria te will be announced at the open ing.

13.5 Nepal Telecom shall prepare minutes of the bid opening.

14 Delivery and War_ranty

14.1 Delivery Schedulq

Delivery of all the goods shall be made to Nepal Telecom Wireless Service Directorate's Store, Pulchowk, Lalitpur, Nepal as mentioned in Clause No. - S of Section IV: Conditions of Contract

(COC) and Quantily ment ioned in Section VI: Schedule of Requirement (SOR).

14.2 Warranty

The Bidder sha ll comp ly with the warranty clauses as men tioned in Clause No.- 6 of Section IV:

Conditions of Contract (COC).

15 Payment

16

16.1

25

Bid with any deviation in payment term as mentioned in Clause No. - 7 of Section IV: Conditions of

Contract {COC) shall be rejected.

Bidder Eligibility and Goods/_!guiP-ment Field Proven-N~ss

Bidder for this Tender

Tood., ~L/CC0-03/073-7' '°' S"pply •od Dollv"'y of (U)SIM C"d• fm GSM (Mobllo) '"P'ld ood Poupold '""""

Nepal Te lecom


The bidder for this bid sha ll be manufacturer of the offered (U) SIM Cards. The manufocturer shall

submit authentic evidence of being a manufacturer of the offered (U) SIM Cards or user/client

certificate from Telecom Operator.

The Bidder shall submit Company Registrution Certificate/B usiness license/Certifica te of Incorporation and Company Profile along with the Bid.

16.2 Manufacturer's Qualification and Goods/Eg~ipment Field Proven-Ness

16.2.1 The M anufacturer of offered (U)SIM Cards shall have manufacturine experience of al letJst three (3) years for (U)SIM ca rd s on Lhe da l e of Tender Invitation. In order to prove fulfillment of this

requirement, the bidder sha ll submit user/client certificate or cert ificate from concerned authority.

16.2.2 The Manufacturer shall have supplied more than fifty (50) m illion (U)S IM Cards to the Telecom Operators on the da te of Tender invitation. In order to prove fulfil lmen t of this requ irem ent, Lhe

Manufacturer shall submit authentic documents or user/client certificate.

16.2.3 The Manufacturer of offered (U) SIM Cards must have supplied to at -least three (3) different Telecom Operators from al least three (3) countries. In order to prove the fulfillment of this

requirement, the Manufacturer shall submit the necessary user/client certificates.

16.2.4 The offered (U) SIM Cards must ht1ve been in satisfactory operation for a minimum period of at

least three (3) years for (U)SIM in at least one (1) telecom operator on the date of tender invitation. In order to prove the fu lfillment of this requirement, the Manufacturer shall submit along with the bid the necessary user certificate from the Telecom Operator. The user certificate shall include all the information as mentioned in the Annex - 111.

16.2.5 Turn Over The Manufacturer shall have minimum cumulative sales turnover of and above USO 15 mi llion for

last three (3) consecutive years (any three consecutive years from 2012, 2013, 2014, 2015 and

2016) which sha ll be supported by financial statements.

16.2.6 Satisfactory Performance Certificate (SPC) from Nepal Telecom

The Bidder, who already supplied (U)SIM Cards under any contract to Nepal Telecom within last five (5) years, must furn ish the Satisfactory Performance Certificate (SPC) from Nepal Telecom in

accordance w ith the Clause No. 28 of this section along w ith the bid proposa l.

16.2.7 ISO Certification The manufacture of (U) SIM Cards sha ll be IS0-9000 certified. The valid Quality Assurance IS0-9000

Series Certificate for the manufacturing of (U) SIM Cards shall be submitted along with the 13id.

16.2.8. SAS Certification The supplier shall submit il Certificate of Accred itation provided by CiSM Assoc iation' s Smart Card Security Accreditation Scheme (SAS). The S/\S certificate shall have at least Class 1 assets or ull

three points as ment ioned below within its audited scope,

• Genera lion of personalisation data for LJICCs

• UICC personalisation

• Value-added fulfilment of UICCs for the particular manufacturing plant of (U) SIM Cards, from which the (U) SIM Cards will be supplied to Nepal Te lecom and shall be valid at least, till the last submission date o f the Bids.

16.2.9 IOT Certificate

-26 '°"'" N~CCO-Ol/073-74 '°' S"pply '"' Ooll"'Y of (U)SfM '"" f" GSM (Moblfo) '""'' '"' P0<tp•ld ''"""

Nepal Telecom

Nepal Doo rsanchar Company Limited

The offered (U) SIM Card shall be OTA enabled and shall comply with GSM Standard 3GPP (TS

23.048 and 3GPP 03.48) specification on SMS, BIP Bearers and CAT TP based on TS 10/ J27. In

order to fulfill this requiremen t, the manufacturer shal l submit at least two In ter-Operability Test

(lOT) Certificates with any OT!\ system manufacturer other than thr Bidder.

16.3 Bidder and Manufacturer of ilJ) SIM Card's Eligibility

16.3.l The Bidder and Manufacturer shall not be under a declanition of ineligibility for corrupt and fraudulent practices issued by Government of Nepal. The Bidder and Manufacturer who are black

listed or are under the process of being black listed shall not be eligible to participate this bidding

process. The bid offered by such Bidder and Manufacturer shall not be considered for the bid evaluation.

16.3.2 The Bidder and Manufacturer shall not be a competitor (including all the service providers licensed by Nepal Telecommunication Authori ty) of Nepal Telecom in Nepal. The Bidder and Manufacturer shall not have ownership with the competitors and mus t not have planned to have ownership until the completion of all the contractual obligations. The Bidder and Manufacturer sha ll provide the

declaration of not having ownership along with the 13id.

16.3.3 Bidder and Manufacturer found to be involved in fraudulent activity such as cartel in order to manipulate the bid price, submission of fa ke certificCJtes and fake information may be blncklisted and

Bid submitted shall be rejected.

16.3.4 Nepalese Bidder sha ll submit up to da te firm/Company registration certificate, Tax clearance

cert ificate, and VAT Registra tion Certificate from Government of Nepal along with Bid proposal.

16.4 If the Bidder submits bid on behalf of a merged company, leeal document regarding the merging shall be submitted along with the bid document. The merged company shall meet the requirement of Clause No. 16.1, 16.2 and 16.3. However, the qualifica t ion and field proven-ness of separate companies in such cases will be combined fo r the purpose of verifying the Bidder's experience criteria as mentioned in Clause No. 16.2 of this section. Bid submitted on behalf of amalgamated/acquired companies having independent legal status will be treated separately and shall meet all rhe requ irements mentioned in Clause No. 16.1, 1G.2 and 16.3 of this section

individually.

16.5 _Participat ion in Joint Venture or Consortium

27

If the Bidder is a jo int venture or Consortium, all of the part ies sha ll be jointly and severa lly liable to the Purchaser for the fulfillment of the provisions of the Contract and sha ll des ignCJte one party to act as a leader with authority to bind the joint venture or Consortium. f\ bidder can submit only

one bid either as a partner of the jo int venture or Consortium or individually. The Joint Venture or Consortium agreement among all the members shall be submitted. The composition or the

const itution of the joint venture or Consortium shall not be altered without the prio r consent o f

the Purchaser.

In case of join t venture or Consortium, maximum three (3) members are allowed. The member designated as a leCJder, shall meet all the requirements CJS mentioned above in Clauses Nos. 16.1 , 16.2 and 1G.3 of this section and remaining members shall meet at least the requirement of clCJuse 16.3. The lead member shall take ultimate responsibilities in fulfilline the entire terms and

conditions of the Con tract and submit the commitmC'nt lelter for the same. Please refer lo Clause

No. 7 for the provision of f3id Security for join t venture or Consortium.

Nepal Telecom


16.6 In case Bidder is global company (Parent/Holding/l.3ranch/Subsidiary Company), the bidder shall individually meet all the requi rements as mentioned above in the clause 16.1, 16.2 and 16.3 of this section.

However, Global companies if wishes, the qualification and equipment field proven-ness of the

Bidder (branch/subsidiary company) and qualification and equipment field proven-ness of 13idder's Parent/Holding compan ies and Lhei r equipment wi ll also be combined for lhe purpose of verifying the criteria as mentioned in Clause No. 16.2 of this sec tion, provided the Parent and Holding companies individually meet the requirements of Clause No. 16.3 of this sect ion.

In the cases mentioned above a letter from the Head Quarter (Parent/Holding Company) with the following informat ion shal l be submi tted along with the bid:

a) Authoriza tion to the branch/subsidiary whose product is being offered to submit and sign the bid,

b) Company Structure showing the relationship between Parent/Holding/Branch/Subsidiary Companies.

16.7 Manufacturer Authorization (Not Appl icable} This clause is not applicable for this tender as the Bidder itself shall be a manufacturer. In pursuant to clause no. 16.1, the Bidder offering the goods from the third-party manufacturers shall submit Manufacturer's Authoriza t ion Letter for the offered goods (as per Sect ion V: Silmple Form No. - 3 "Manufactu rers Aut horization Let ter" enclosed in the bid document) from the manu facturer of offered goods.

If the bidder it se lf claims to be the manufacturer of the off cred goods, such bidder shall provide the proof of be ing the mcinufacru re r and need not provide the authorization for the offered goods

it manufactures.

If the bidder is not the manufacturer of t he offered goods, non-submission of M anufacturer's Authorizati on Letter(s) from the Manufacturer(s) shall result in rejection of t he bid.

16.8 Conflict of Interest

A Bidder sha ll not have a confl ict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to be in a conflict of interest with one or more parties in

this bidding process if, includ ing but not limited to:

(a) have controll ing shareholders in common; (b) receive or hilve received any direct or indirect subsidy from any of them; (c) have the same legal rep resentative for purposes of this Bid; (d) have a relationsh ip with each other, directly or through common third part ies, that puts them

in a position to have access to information about or influence on the Bid of another Bidder, or

influence the decisions of the Purchaser regarding this bidding process; (e) a bidder or any of its affil iates part icipated as a consultcint in the preparat ion of the design or

technical specificat ions of the goods and services that arc the subject of the bid.

16.9 An y bid not submitted as per the above sub-clauses 16.1 to16.8 of this section shall be rejected.

16.10 The user/client certificates that have to be submitted by Bidder in order to fulfil the requirement of sub clauses of Clause no. 16, sha ll include at least the information mentioned in the Annex-Ill. The Bidder shall seal and sign the entire submitted client/user certificates. Pleilse also refer to the Clause

No. 29 for more details about the user/client certificate.

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

17 Bid Evaluation and Award Criteria

28 I -;;;;;;;; No. N~0,/073-74 '" S"pply '"' Dellv"v ot (U)SIM Coed• foe GSM (Mobllo I ""''" '"' ' " '''" ''"'"'

Nepal Telecom


17.1 In case a bidder offe rs one or more alternate or optiomil offer(s) in addition to the m<lin offer,

Nepal Telecom will consider only the main offer for evaluation purpose, and under no ci rcumstances, evaluation will be influenced by anything mentioned in alternate or optiona l offer(s).

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

17.2 Pre liminary Examination

J 7 .2 .1 Prelim inary Examination of the 13ids shal l be done in accordance with Clause No. 5.1 of Section Ill:

ITB. Nepal Telecom w ill examine the bids to verify whether the bid is va lid and complete, whether the bid is accompanied by valid bid securi ties, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

17.2.2 Nepal Telecom may waive any minor informality, nonconformity, or irregularity in Cl bid, wh ich does not constitute a major material and quality deviation and without which the purpose of bidd inp, wil l be fulfil led, provided such waiver does not prejudice or affect the relative ranking of

any bidder but bids with any deviations to the clau ses marked with asterisk (*) shall be

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

17.2.3 Prior to the deta iled examination, Nepal Te lecom w ill determine the substantia l responsiveness of each bid to ce rtain critical provisions stipulated in Nepa l Te lecom tender document. For the purpose of th is clause, a substantially responsive bid is the one, which conforms to all the terms and condit ions of the bidding documents without major material deviations. Deviations from, or objections or reservations to crit ica l provisions, such as those conce rning Bid Security, Payment

Terms, Applicable Law and Taxes and Duties and the technical requirements marked with

asterisk (*) will be deemed to be major deviations as mentioned in Clause No. g of Part - D of

Section II : INB.

Nepal Telecom's determination of a bid's responsiveness will be bascQ_Qn the contents of the bid

itself without recourse to ariv_extrinsic eviden ce.

17.2.11 If a bid hCls one or more m<ljor deviat ions, found during the preliminary examination, the bid

proposal shall be considered as non·· responsive and bid wi ll be rejected by Nepal Telecom and wil l

not substantia lly be made responsive by the bidder by correction of the nonconformity.

17.3 Detailed Technical Evaluation

17.3.1 Detailed Technical evaluation shall be carried out for those bids, which are found to be responsive after preliminary examination as per above clause 17.2. Deta iled Technical evaluation shall be based on clause by clause compliance statemen ts or comments on Techn ica l Specificat ions as we ll

as technical details, catalogues, brochures etc. furnished by each bidder.

17.3.2 If a bid has one or more major deviations, the bid is considered as Non-Responsive 13id <Jnd it will be rejected by Nepal Telecom and w ill not substant ially be made responsive by the bidder by

correction of the nonconformity.

17.3.3 Further, if there ore many minor deviations to the bid, and if one or more o f such items consLitute major material deviation or affect the requi red purpose of technical requirements, such bid shall

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

co rrection of the nonconformity.

29 I T '"'" No. NCDL/C~3· 74 fo,:s;;pply ood o,;;;;; of (U)SIM '"'' '°' GSM (Mobllo) '"";d '"' Po"p•M SoNlm

Nepal Telecom


17.3.4 For the verification of Bidder's Compliance Statement (FC/PC/NC), ONLY THE COMPLIANCE STATEMENTS mentioned in the Original Tender Document purchased from Nepal Telecom,

Amendments and Clarification issued by Nepal Telecom shall be used (P lease also refer to Clause No. 9 of Section Il l).

17.4.l Detailed Commercial lvaluu t1on shall be carried out fo r those bids which are found to be responsive after Deta il Technica l Eva luation as per above clause 17.3. The detail commercial

eva luation shall be ca rried out in accordance with the Section IV: Condit ions of Contract (COC).

17 .4 .2 If a bid has one or more major deviations, the bid is considered as Non-Responsive [3id and it will be rejected by Nepal Telecom and will not substantia lly be made responsive by the bidder by correction of the nonconformity.

17.4.3 Further, if there are many minor deviations to the bid, and if one or more of such items constitut e

major materia l deviation or affect the commercial requirement of tender document, such bid shall be considered as Non-Responsive Bid and rejected by Nepal Te lecom und will not substantially be

made responsive by the bidder by co rrection of the nonconformity.

17.4.4 For the verification of Bidder's Compliance Statement (FC/PC/NC), ONLY THE COMPLIANCf STATEMENTS mentioned in the Origina l Tender Document purchased from Nepa l Te lecom, Amendments and Clarification issued by Nepal Telecom shall be used (Please refer to Clause No.

9 of Section Ill) .

17 .5 Detail Financial Evaluation

17.5.J Once the bids are considered substantia lly responsive after detailed Technical and Commercial eva luat ion, all those responsive bids sh<Jll be judged from r:inancial Evalua t ion CJnd no weight-CJge shall be given to other technical details or parameters or additional features and faci lities of Lhe

offered products.

17.5.2 For the Financial Eva luation the following factors shall be taken into consideration for evaluation

purpose:

17.5.2.1 Arithmetical errors

17.5.2 .1.1

17.5.2.1.2

17.5.2.1.3

17 .5.2.1.4

30

Arithmet ical errors will be rect ified on the following basis:

Discrepancy between the Unit Price and the Total Price If there is a discrepancy between the unit price and the tota l price which is obtained by

multiplying the uni t price and quantity, the unit price shall prevail, and the tota l price will

be corrected.

Error in Calculation Total Price If there is an error in total co rresponding to the add it ion or subtraction of subtotals, t·he

subtotals shall prevail and the total shall be corrected.

If there is a discrepancy between words and figures, the amount in words will prevail.

Extended Warrunty (Not Applicable}

17.5.2.1.5

17.5.2.2

17.5.2.2.1

17.5.2.2.2

17.5.2.2 .3

17.5.2.2 .ll

17.5.2.3

17.5.2.11

17.5.2.5

J 7.5.2.5.1

Nepal Telecom

Nepal Doorsanchar CompJny I im1tcd

Wh ile performing error corrections as mentioned above in Clause No. 17.5.2.J , the Quoted

Bid Price may be changed. Therefore, the Total Bid Price obtained after the Arithmetical

Error Correction shall be conside red as a Corrected Bid price.

Offered Quantity If the offered quantity/items are not sufficient to meet Nepa l Telecom's requirement and if

the some of the quantity/items are omitted, but they don't const itute material deviation

as per clause 17.3.2 and 17.3.3, such quantity/items will be added as per the following sub

clauses to fulfill the requirement.

Under-Dimensioned (Short) Items

If the offered quantity is not sufficient to meet Nepal Telecom's requirement, required

quantit y wi ll be loaded to fulfil l th e requ irement and price wi ll be adjusted accordingly

laking in to considrra tion the o ffered uni t r rire of the same bidder.

Missing (Omission)_ltems

If some required items o f SOP and l30Q are missing in the off er, then the average price of all responsive bidders for such missing item(s) will be considered fo r evaluation purposC'

and loaded to bring all bidders in equal footing.

Absence of Unit Price and Total Price of the Particular Item

If the unit price and the total price of th e same item are not quoted, the average price of

all responsive bidders for such missing item(s) will be considered for evaluation purpose

and loaded to bring all bidders in equal footing.

However, in c:il l the cases mentioned above in Clause No. 17.5.2.2, the Bidder sha ll provide

all the missing/short items mentioned above free of cost to Nepal Telecom if the bidder

happens to be a success ful bidder.

If major items, without which the purpose of bidding will not be fulfilled, are missing, the

bid shall be considered non-responsive and shall be rejected.

Delivery Period If the offered delivery period is more than the period specified in clause no. 5.1 of Section IV: Conditions of Contract (COC), the price adjustment wi ll be made by loading the bid price

by one half (0.5%) percent of the total quoted price per week fort he delayed period up to

four (4) w eeks. Price load ing shall be done only for t he purpose of evaluation. Bids with

deviation in delivery period by more than four (4) weeks will be rejected.

Deviations that do not materially alter or depart from the characteristics, terms, cond it ions

and other requirement set forth in the Bidding Document or if it conta ins errors or oversights that are capable of being corrected without affect ing the substance of the f3id arc considered as m inor deviation. The cost of such minor deviation shall be cc:ilcu lated l o

the extent possible and sha ll be included while eva luat inp, bid.

Unit Price

Discrepancy in Unit Price in Lots and Phases Unit Prices of the offered goods, services and inland transportation in all lots shall be same.

In case o f discrepancies in the Unit prices, the quoted unit price in respective lo ts shall be used for evaluation. However, lowest Unit Price among all shall be considered for al l lots

for the calculation and prepara tion of finc:il Cont ract Price if the bidder happens to be the

Successful l3idder.

Nepal Telecom Nepal Doorsa nchar Company Limited

17.5.2.5.2 Unit Price of Missing Items

In case of missing (omission) items (Clause No. 17.5.2.2.2) and missing unit and total price

{Clause No. 17.5.2.2.3), unit price of such items shall be finali2ed at the time of signing of contract without exceeding the average price of the same item of the responsive bidders .

17.5.2.6 If the 13idder does not accept the correction of the errors, its bid wi ll be rejected , and its

bid security shall be forfeited. Nepal Telecom reserves the rights to award the tender to the nex t lowest bidder or may go for re-tender whichever is convenient.

17.5.2.7 If the loading amount after performing the loading as per Clauses 17.5.2.2, l 7.5.2.3 and

17.5.2.4 of this Section exceed 15% of the Corrected Bid Price, the bid shall be considered as non-responsive and not considered for evaluation.

17 .5.2.8 Financia l comparison shall be done based on evaluated price obta ined after Financial Eva lua t ion. For the financial comparison purpose the all quoted prices shall be converted in United State Dollar by app lying conversion rate of bid open ing date. The evaluated prices shall be calculated considering all the required custom and duties as per the clause No. 6 of Section Ill : ITl3.

17.6 Clarificatio ll..Qf Bid~

To assist in the examination, eva luation and comparison of 13ids, Nepal Telecom may ask the Bidder for a clarification//\ddilionol Information/Proof of /\uthenliciry of the submitted document. The request for clarification and the response to it shall be in writing, and no change in the prices and substance of the 13id shall be sought, offered, or permitted.

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

17.7 Proof of Compliance (POC) Test

17.8

32

Based on evaluation as per above clause Nos. - 17.1, 17.2, 17.3, 17.4. 17.S and 17.6, Nepal Telecom shall issue an invitation letter fo r the POC test to the lowest evaluated Bidder among all responsive bids to verify the bidder's claim of compliance. The lowest cost Evalua ted Ridder shall

complete the POC Test successfully as per the Clause No. 6.1 and 6.2 of Section VIII: Technical

Specification.

The bidder who is invited for POC test shall acknowledge the acceptance of invitation for POC Test within Seven (7) days and shall conduct POC test within fifteen (15) days from w ritten notice by Nepal Telecom.

In case of unsuccessful POC Test by lowest evaluated 13idder, Nepal Telecom shall invite next

responsive lowest evaluated Bidder for POC Test and so on.

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

rejected.

The Bidder shc:ill bear all cost of any kind associated with the preparation and conduction of Proof of Compliance (POC) Test, and Nepal Telecom will in no case be responsible or lic:ible for those costs, regardless of the conduct or outcome of the Proof of Compliance (POC) Test.

Contract Award

T ood" No. NCOL/CCO~· 74 10< S"PPIV ood o;;,,"V of (U)SIM C"d< f0< GSM (MobUo) P«p•id ••d Po«p•fd Smk"

Nepal Telecom

Nepal Doorsanchar Com pany Lim ited

Considering the prov ision of Clause No. 18 of th is section, Nepal Telecom intends to award the

contract to two bidders. The first successful bidder w ill supply 60% of tota l requi rements ancJ next

bidder will supp ly remaining 40% at the price of 60% supply. At first, Nepal Telecom shall contract

for 60% supply w ith the bidder who is se lected successful as per clause no. 17.7. Then, the contract

for remaining 40% of supply shall be awarded to the Bidder as per Clause no. 17.8.7, 17.8.8 and 17.8.9.

A. Awarding Contract for 60% Su11pJy

17.8.l Based on the evaluat ion as per the Clauses No. 17.2, 17.3, 17.4, J7.5, 17.6 and J7.7 the successful bidder shall be se lected for award ing the Contract for 60% o f Supp ly.

17.8.2 A f inancial evaluation shal l be done as per Clc:iuse No. - 17.5, total evaluated price may differ from the price quoted by the bidder in its price schedule. Financial comparison shall be based on " Eva luated Price (Price obtained after ri nancia l Eva luation)" <.lnd not "Offered Price" . However, the final total con tract price shall be finali1ed during contract signing not exceeding the Corrected 13 id Price.

17.8.3 Nepal Telecom shall issue a Letter of Intent (LOI) to notify the successfu l bidder in writing that the

Nepal Telecom has intention to accept his/her bid and the information regarding the name, address and amount of selected bidder shall be given to al l other bidders that have submitted the

bid .

17.8.4 If no bidder submits an application for review as per Clause No. 31 of this section within a period of seven days of the no tice provided under ITB 17.8.3, Nepal Telecom shal l accept the bid o f successful bidder and w ill subsequently issue a Letter of Acceptance (LOA) to furnish the performance security and to ini t iate Contract sign ing between lhe bidder and the Nepal Te lecom.

17.8.5 Within Fifteen (15) days of the receipt of Letter of Acceptance (LO/\) from Nepal Telecom, the

13idder to whom LOA is issued sha ll send its authoriLed representa tives for signing lhe contract and sha ll furn ish the performance security in accordance with the conditions of Contract using Sample

Form as per Sample rorm No. - 4 of Section V of tender document.

17 .8.6 Fai lure of the success ful 13icJder to submit the above-mentioned Perrormance Security or to sign the Contract Agreement within the period stipu la ted above in th is clause shall constitute sufficielll grounds for the annulment of the CJward and forfe iture of the bid securi ty. In that event Nepal

Telecom may proceed for contract awarding to the next bidder from the list of responsive bidders

and shal l follow the process of POC, LOI, LOA as per Clause no. 17.7, 17.8.3, 17.8.4 and 17.8.5.

B. Awarding Contract for 40% Suppl\!

17.8.7 /\s soon as the contract for 60% Supply is signed, NepCJI Telecom shall issue a proposal letter to all remaining responsive bidders requesting to confirm the CJcceptance of the proposal of providing 40% Supply at the price of 60% Supply i{ the Contract for 40% is awarded in accordance with the Clause No. 17.8.9. The acknowledgement shCJll be received at Nepa l Telecom by 7 (Seven) days from the date of request from Nepal Te lecom. However, POC Test shCJ ll be conducted one at a time

starting with lowest eva lua ted price among the responsive bidders who have accept ed the NT's

proposal as mentioned the Clause No. 17.8.9 of this section.

13idder may decline/disagree the offe r w ithout the risk of forfei ting it s bid securi ty. Non submission of the confirmation wi thin seven (7) days is also considered as decline or disagreement of this proposa l. In cCJse of decline or disagreement of the proposal, the Bid securi ty submit ted wi ll be

discharged as per the Clause No. 7 .5 of Section Ill.

17.8.8 If no responsive bidders acknowledge with acceptance of NT's offer for the 40% Supply as per above clause no 17.8.7 in stipulated time, Nepal Te lecom may award the contract for 40% supply

to the Suppl ier of 60% Supply. If awarded the Contract for 40% Supply, the supplier of 60% supply

shall have to supply the remaining 40% Supply without any conditions and reservation.

-- 33 1 Toodo< No. NCOl/~73-74 '" '""'''"' Dolf"'' of (U)SIM "''" '" GSM (Mobflo) ' " ''" '"' """ ;' " " ;"'

Nepal Telecom


17.8.9 Nepal Telecom sl1all invite for POC to lowest evaluated priced bidder from lhe List of Bidders who

has acknowledged with the acceptance of N r's offer for 40% Supply. If POC test is successful,

contract awarding process for remaining 40% (U) SIM shul l proceed according to 17.8.2, 17.8.3, 17.8.4 and 17.8.5.

In case of unsuccessful POC Test, Nepal Telecom sha ll repeat the process as per Clause No. 17.8.9 for next ranked responsive Lowest Bidder. The process shall be repeated to responsive bidders until the successful completion of POC Test.

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

that event Nepal Telecom may proceed for contract awarding to next lowest evaluated bidder

from the List of Bidders who has acknowledged indicating interest to offe r the 40% Supply as per

above clause no 17.8.7 and shall follow the process of POC, LOI, LOA as per Clause no. 17.7, 17.8.3, 17.8.4 and J7.8.5.

:L 7 .8.11 In order to bring the price for 40% Supply in line with the price of 60% Supply, the Schedule of Price

(SOP) of the successful bidder for 40% Supply shall be rccvlcula t0d by mult iplying the individual items with a fa ctor arrived at by dividing the total corrected Bid Price for 60% supply by the total corrected Bid Price for 40% Supply.

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

Not-withstand ing Clause No. - 17, the Nepal Telecom reserves the right to accept or reject partially

or fully any bid or aw ard one or more than one Bidders not exceeding the price of the successful bidder, and to annul the bidding process and reject all bid s, at any time prior to award of contract, without thereby incurring any liabi lity to the affected bidder, or bidders or ony obligation to inform

the affected bidder or bidders of the grounds for the Ne pol Telecom's action.

19 Nepal Telecom's Right to vary _Quantities

Nepal Telecom reserves the right at the time of awc:ird of cont rac t to increase or decrease by up to twenty percent (20%) of the quantity of goods and services specified in the Schedu le of Requirement without any change in unit price or other terms and conditions.

20 Signing of Contract

After the rece ipt of the Letter of Acceptance (LOA) from Nepal Telecom, the successful bidder shall

send its authorized representatives within fifteen (15) days for signing of contract. At the time of signing the contract, the Supplier shall submit a Performance Security in the form of bank guarantee for ten percent (10%) of the amount of the contract in the Silme currency as that of the contract or equiva lent in US$. The amount of Performance Security shall be as follows:

i) If bid price of the bidder se lected for acceptance is up to 15 (fifteen) percent less than the cost

estimate, the perform ance security amount shu ll be 10 (ten) percent of the bid price.

ii) If the bid price is more than 1.5 (fifteen) percent less ( say X Percentage Low) than the cost estimate, the performance security amount shall be determined as:

l'erformance Security'- ({(X 15)/2}+10} Percentage of bid Price;

For the purpose of ca lculation of the Performance Security amount, the Contract amount and

Cost Estimate inclusive of V/\ r shall be considered.

- 34 I T '"'" No. NCDl/CC0·~4 '" S"pply '"~'Y--;. tuiS1M Coed< foe GSM (Mobllo) Pcop•ld ,-;;; '"''''' Soe<k0>

Nepal Telecom

Nepal Doorsanchar Company Lim ited

Non-submission of perform ance securi ty at the time of signing the conlract shall lead to 1 he

cancellation of the contract .

21 Local Agent

21.1 A foreign Bidder wishing to have or already having a loca l agent shou ld state the following:

(i) Name and address of the Agent/Representative,

(ii) The Agen t/Representat ive providing type of services, (i ii) Amount of commission if the Agent/ Representa tive is entit led to get such payment and if

he/she participate in the procedure of payment, (iv) Other agreement with /\gent/Representat ive, if any, (v) Bidder should certify in the Letter of Authorization as follows:

"We certify that the statement and disclosure made by us on the above are complete and true to the best of our !<now/edge and belief"

If the agent has not been appointed:

(i) Source of information abou t tender invitation, (ii) The remuneration given to the individual or firm/company or organization to work on his

behalf for submitting tender, representation in the bid opening and other required action in

connection with the tender, (iii) Transfer or handover an evidence of foreign currency exchanged which required to be

submitted with the tender, (iv) If the bank account of any Nepali ci tizen has been used for the exchange of foreign currency

specify the name of the individual and his address. If the foreign currency has been

exchanged by self then the certificate of currency exchange,

21.2 If a foreign Bidder in his Bid, has not provided the information mentioned in sub-clause no. 21.1 or has submitted his bid stating thdt the Bidder docs not have a locCJI agent and la ter it is proved that the bidder has a local agent or it is proved that the commission menlioned in the Bid is less than

the commission rece ived by the local agent then the Purchaser sha ll initiate proceedings to black

list such bidder.

22 Visit for Proof of Compliance (POC) during evaluation (Not App licable)

23

35

Nepal Telecom may send technical experts to demonstrate the bidder's concept on its feasibility in

regards to user's experience and technical specifications.

Th is may be performed during the Gid evaluation of the tendering process. The supplier shall make

necessary arra ngement with the administration to accommodate such visit and provide necessary informa tion and access for evaluation. The bidder shall make arrangements within fifteen (J 5) days of

request letter from Nepal Telecom.

Nepal Telecom shall choose a large network/ any 01 her suitable sites as per the client certifica tes.

Nepal Telecom may also visit manufacturer' premises during evaluation.

The cost of the visits shilll be borne by Nepal Telecom and the duration shilll be of two (2) weeks. The

bidder shall arrange with 1 he operator (bidder's customer) for the demonstrations and interactions as

needed.

One Bid per Bidder

----- - --Tood" No. NCDL/CC0~4 I" Sopply ood D' li"''I' of (U)SIM ' "" 10< GSM (Mobllo) P<ep•id •od P°'tp•id SoNk"

Nepal Telecom


Each Bidder shall submit only one bid./\ bidder who submits more than one bid under this tender sha ll cause all the proposals with the f1idde r's participation to be disqualified.

The bidder who subrT1 its bids in hard copy (manual submission) as well as through e-submission

shal l be treated as two separate bids by a same bidder and hence wil l be disqualified. However, the bidder who has submitted the bid electronically may submit the hardcopy before the bid submission dead line, only if they submit the valid officia l letter requesting the withd rawal of the csubmitted bid proposal along with the bid.

24 Conduct of Bidders

The Bidder shall be responsible to fulfill his obligations as per the requirement of the Contract Agreement, Instruction to Bidders and GoN's Procurement Act.

The Bidder shall not carry out or cause to ca rry out the following acts with an intention to in fluence the implementation of the procurement process or the procurement ap,reement: (a) p,ive or propose improper inducement directly or indirect ly, (b) distortion or misrepresentation of fa cts, (c) engaging in corrupt or fraudulent prac tice or involving in such act, (d) interference in participation of other competing bidder~, (e) coercion or threatening directly or indirectly to cause harm to the person or the property of

any person to be invo lved in the procurement proceedings, (f) collus ive practice among bidders before or aher submission of bids for dist ribu tion of works

among bidders or fixing artificial/uncompetitive bid price with an intention to deprive Nepal Telecom the benefit of open competitive bid price.

(g) Contacting the Purchaser with an intention to in fluence the Purchaser with regards 10 the bids or interference of any kind in examination and evaluation of the bids during the period from the time of opening of the bids until the notification of award of contract .

25 Blacklisting Bidders

Withou t prejudice to any other rights of Nepal Telecom under this Contract, the Public Procurement Monitoring Office (PPMO) may blucklist a Bidder for his conduct up to three (3) years on the following grounds and seriousness of the act committed by the bidder:

(a) if it is established that the l3idder/Supplier has committed acts specified in clause 24 of this section,

(b) if the bidder fails to sign an agreement pursuant to clause 20, (c) if it is proved later that the bidder has committed substantial defect in implementation of the

contract or has not substantially fulfilled his obl igations under the contract or the completed

work is not of the specified quality as per the contract, (d) If convicted by a court of law in a criminal offence which disqualifies the bidder from

participating in the contract. (e) if it is proved that the contract agreement signed by the bidder was based on false or

misrepresentation of bidder's qualification inform ation, (f) other acts mentioned in the Section Ill: ITB and Section IV: COC.

26 Corrupt or Fraudulent Practices

26.1 Government of Nepal requires that Nepal Telecom, as well us f1idders observe the highest standard of ethics during the procurement and execution or sur.h con tracts. In pursuance of this policy, the

Government of Nepal:

(a) defines, fo r the purposes of this provision. lt1e terms set forth below as follows:

36 T'"d" No. NCDL/CCO·Dl/~' S"pPly '"' o.i;,.,, of (U}SIM C"d< '°' GSM (Mobile} P"p•ld ;;;, Po«p•ld '""'"'

Nepal Telecom


(i) "corrupt proaice" means the offering, giving, receiving or so liciting of any thing of value to

influence the action of a public official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement

process or the execution of a contract to the detriment of the GoN, and includes col lusive practice among l3idders (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive the 13orrower of the benefi ts of fr0e and open competit ion;

(b) will reject a proposal for award if it determines that til e £3 iddcr recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in questions.

Furthermore, Bidders shall be aware of the provision stated in Clauses 20.1 of the Section IV: COC.

27 Country of Origin

All Goods and related services to be supplied under the Contract shall have their origin. For purposes of this Clause, "origin" shall be considered to be the place where the Goods are mined, grown, produced or from which the Services are provided. Goods are produced when, through

manufacturing, processing, or substantial and major assembly of components, a commercially

recognized product, and results that is substantia lly different in basic characteristics or in purpose or utility from its components.

The l3idder/Manufacture r who already supplied GSM (U) SIM Cards under any contract to Nepal

Telecom within last five (5) years, must furnish the Satisfactory Performance Certificate (SPC)

issued by WSD, Nepal Telecom along with the Bid proposal.

Non-Submission of the SPC shall be treated as non-compliance and the bid shall not be included for evaluation.

Bidder shall provide the list of the already supplied goods/equipment as per Annex-IV.

29 Nepal Telecom's Right to verify the Authenticity of the submitted documents

Bidder shall submit origina l certificates with the letterhead of the issuing authority duly signed with

date by the authorized person, stamped with official seul and with name, designa tion of the signa tory in the letter rC"garding Bidder's/Manufacturer's experience and field proven-ness as mentioned as and where in this tender document.

If Bidders submits the copy document, the copy document shall be attested by Notary Public/

concerned Embassy in Nepal. Attesta tion shall be in Engl ish Language. All the documents written in

the language other than English language shall be fo llowed by English translations. Translation shall

be done by authorized institution/Agency/ Concerned Embassy in Nepul

Nepal Te lecom reserves the right to verify the authenticity of the certificates and confirm the sa tisfactory operntion of the equipment supplied by the bidder in other administrations. The bidder shall provide the name with his/her designation, Company, emai l, telephone number and fax number of the contact persons of operators and/or the concerned authority, issuing the

certificates in order for Nepal Telecom to verify the authenticity or seek clarification of the

submitted cert ificates if necessary. The bidder shal l bear the responsibi lity of providing response

37 - ;:;;;;;., No. NCOL/CC~3·7' '" '""'' ,., 0.1; ,,, of {U)SIM ""' •• , GSM {MobHo) '"'''' "' '"""" '""'"'


from the concerned authority if verification of submitted certificate is required. If there is no response from the mentioned contacr person and if the information mentioned in the certificate is found to be not true, the ce rtificate sha ll be considered invalid.

30. E-Submission

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

30.2 For e-submission, bidder has to register in Nepal Telecom e-procurement portal. The registered bidder has to procure the bid document and prepare the entire bid proposal in traditional way with sign and sea l. The bidder has to scan al l the documents as mentioned in Part-B of Section II into pdf formal. These softcopy (document) has to be uploaded in their respective place. For details please visit Nepal Telecom e-procuremen t port al i.e . http://eproc.n l c.net.np.

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

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

ii. 2"d envelope with seal and marked as "Copy", sha ll conta in copy documents as per Part - A of Section II: Important Notice to Bidders (!NO}.

iii. 3rd envelope with seal and marked as "Original Documents of e-Submitted Bid", sha ll conta in original documents as per Part-B of Section II: Important Notice to Oidders.

30.4 The bidder who submits bids in hard copy (manual submission) as well as through e-submission shall be treated as two separate bids by a same bidder and hence will be disqualified. However, the bidder who has submitted the bid electronically may submit the hardcopy before the bid submission de;id line, only if they submit the v<1lid officia l letter requesting the withdrawal o f the e submitted bid proposal along with the bid.

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

31 Complain and Review

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

31.2 The Office chief of the Procuring I ntity (Purchaser shall), within five (5) doys after receiving Lhe complaint application, give ils decision with reasons, in writing pursuant to Clause No 31.J of this

section:

38

a. whether to suspend the procurement proceeding and the procedure for further

proceedings to be adopted; or

b. whether or not to reject a complaint application.

T '"'" . ;;:-N"CDL/~073· 74 ,., Soppfy '"' ' ' """ of (U)SIM c,,,, '°' GSM (Mobilo) '""" '"' ,.,.,.;, 5'Nk"

Nepal Telecom

Nepal Doorsanchar Company Limi ted

31.3 If the Bidder, who has submitted the complaint application, is not satisfied with the decision of the Office Chief in accordance with Clause No. 31.2 of this section, or the decision by the Office Chief

is not given within five (S ) days of rece ipt of the complaint application pursuant to Clause No 31.1 of this section, then lhe applican t , within seven (7) days of receipt of such decision, may file an

application with relevant supporting documents to the Publ ic Procurement Review Committee of the GoN, stating the reason of its disagreement on the decision of the Office Chief. Togeth er with the review application, the applicant shall f urnish a guarantee, in the form of cash or Bank guarantee equivalent to zero point five percent (0.5%) of its quoted bid amount, with the validity period of at least ninety (90} days from the date of the filing of the review application.

31.4 La te application filed after the deadline pursuant to Clause No 31 .3 of this section shall not be processed

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

review application fi led pursuant to Clause No 31.3 of th is section on the basis of i) the information and comments received fro m the Purchaser, ii)evidence, documents submitted along with the application by the applicant ,and iii) information received on inquiring both the parties regarding the

matter.

31.6 If the claim made by the Bidder pursuant to Clause No 31.3 of this section is justified, the Review Committee shall return the security deposit to the applicant, pursuant to Clause No 31 .. 3 of th is

sect ion, within seven (7) days oft he Public Procurement Review Commit tee's decision.

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

32. The bidder shall submit thf' manufacturer's Audited Financial Statement and /\nnual Heports for past three (3 ) consecu tive years (any three(3) consecutive years 2009, 2010, 201J ,2012, 2013 and 7014)

along with the bid document.

33. The Bidder shall submit Product catalogue/ brochures with technica l specification, company profile of the manufacturer etc. to be furnish to establish that the manufacturer has the financial, technica l

and production capability necessary to perform the contract, including capacity in terms of personne l

for the purpose o f carrying out services.

34. The Bidder shall provide detail supply reco rds of SIM Cards (ind ica ting quant ity) as per Annex II.

35. Al l the correspondences to be made with the bidders sha ll be performed by using the rax, F mail or

Postal Address ment ioned in the Bidder's Information.

End of ection Ill: Instructions to Bidders ITB)

39 T; nd.cr No. NCOL/CCO 03/073-74 for Supply and Delivery of (U)SIM Cards for GSM (Mobile) Prepaid and Postpaid Services

Nepal Telecom


Section V: Sample Form Sample Form No. - 11

Application for the Purchase of Tender Document

To: Nepal Doorsanchar Company Limited (Nepal Telecom), Office of Chief Commercial Officer, Bhadral<ali Plaza, l<athmandu, Nepal. Tel. No. : 977 1 4210206 Fax No. : 977 l 4258233

Subject : Purchase of Tender Document

We, (Specify name of the Bidder, having office at ------- (Specify Address) have gone through the Bidder's Cligibilily and Goods/ Equipments Field Proven-ness cri teria (Clause No. 16 of Section 111) for Tender Invitation No. NCDL/CC0-03/073-74 for Supply and Delivery of (U) SIM Cards for GSM {Mobile) Prepaid and Postpaid Services published in daily newspaper "Gorkhapatra" and in your website (http:/eproc.ntc.net.np) and wil ling to participate in said Tender Invitation.

There fore, we are hereby submitting non-refundable fee of NRs. ------ (Nepalese Rupees: only) or USS ... (US Dollars: Only) or Euro (Euro:

_____ only) and hereby authorize (Specify Nome and Address of

Bidder/Agent) to collect the TC'ndcr Document on behalf of our company.

Please find below Lhe delails o f our authorized contact person and kindly request you to make all the co rrespondences related to Tender No. NCDL/CC0-03/073-74 before the opening of Bids.

Details of the Contact Person for the Correspondences:

Name:

Designation: Company Name:

Tel: Fax: E-mail:

I Signature for and on behalf of Bidder! [Name] ______ ~-~~--

[Designationj _______ ~------Dalr.:

Seal of the Company

Signature of Document Collector:

~70 T '""' No. Ncol/cCo.03/073-7 4 '" '""'' ' "' Doll""' oi(UJSIM "'''' '" GSM (Mobllo) ' " "'' '"' ''"''" '""""