Tender for the Provision of Instrumentation Installation and Monitoring Services

N.T.A - Metropolitan Mass Transit System Ltd. -Tender Forms

Tender No. 127/2016

Tender for the Provision of Instrumentation Installation and Monitoring Services

for the

Tel Aviv Metropolitan Mass Transit System The Turkish Alignment

Volume II - Tender Forms

* Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Tender Documents.

List of Documents to be submitted

(for Bidder’s internal use)

Attached / Document Name
 / A copy of all Tender Documents, clarification letters, plans and notices to the bidders, all signed by the Bidder
 / The Agreement, dully executed by the Bidder
 / Tender Form 1 (The Bid Letter)
 / Tender Form 2 (The Bidder and its Key Personnel)
 / Tender Form 3 (No Conflict of Interest and Personal Affinity Undertaking)
 / Tender Form 4 (Declaration of Non-Payment of Commission)
 / Tender Form 5A (Confidentiality Undertaking of the Bidder)
 / Tender Form 5B (Confidentiality Undertaking of the Key Personnel)
 / Tender Form 6 (Affidavit According to the Public Entities Transactions Law 5736-1976) – If applicable
 / Tender Form 7 (Threshold Criteria) including its Annexes
 / Certified copy of the Bidder's Certificate of Incorporation
 / Certified copy of the academic degree certificate of the Monitoring Engineer
 / Certified copy of the academic degree certificate of the Monitoring Surveyor
 / CV of the Monitoring Engineer
 / CV of the Database Manager
 / CV of the Monitoring Surveyor
 / Tender Form 8 (CMDB Requirements)
 / Tender Form 9 (Key Personnel Undertaking) - If applicable
 / Tender Form 10A (Experience of the Bidder - Evaluation Process)
 / Tender Form 10B (Experience of the Monitoring Engineer - Evaluation Process)
 / Tender Form 10C (Experience of the Database Manager - Evaluation Process)
 / Tender Form 10D (Experience of the Monitoring Surveyor - Evaluation Process
 / Tender Form 11 (The Financial Proposal)
 / Any additional document the Bidder should attach to the Tender Forms pursuant to the instructions set out in the Tender Forms

Tender Form 1

The Bid Letter

Date: ______

To:

N.T.A. - Metropolitan Mass Transit System Limited ("NTA")

26Harokmim St.

Holon, Israel

Dear Sirs,

Re:Tender No. 127/2016 for the Provision of Instrumentation Installation and Monitoring Services

I, the undersigned, , incorporation No. (the "Bidder"), submitting a Bid in response to Tender No.127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment(the "Tender"), hereby warrant and declare as follows:

I have carefully reviewed and understood all of the Tender Documents (including their annexes and attachments), conducted all examinations and deliberations by experienced experts on my behalf with regard to my participation in the Tender process and the submission of my Bid and hereby acknowledge, with regard to all conditions and circumstances, give ,my consent and waive any claim, right or any other remedy or relief with regard to the Tender process, tendering rules and the Tender Documents in this regard.
I have understood the Tender process, including the method in which the Successful Bidder will be selected, provided that NTA will select a Successful Bidder.
My Bidis accurate, complete and up-to-date at the time of the Bids Submission Date, in accordance with the requirements of the Tender Document.MyBidis fully compliant with all terms and provisions of the Tender Documents. The Bidintegrates all works, methods, equipment, goods and services required by the Tender Documents for the performance of the Services.
I did not rely on any representations, advertisements, statements orpromises whatsoever made by NTA, its employees or anyone on its behalf. By submitting my Bid, I agree to all terms of the Tender Documentsand waive any ignorance or misunderstanding based claims or demands.
I understand that NTA has the right, at its sole discretion, and at any time, to cancel, terminate or annul the Tender process and I hereby waive any claim regarding the cancelation of the Tender.
I possess the financial strength, experience, expertise, means, manpower, equipment, resources, knowledge and know-how, required to perform all of the Contractor's obligations in accordance with the Tender Documents and should I be selected as the Successful Bidder I will indeed performthe Services in strict compliance with the terms and conditions of the Agreement and all applicable laws, all with the highest standard of care.
MyBid has not been prepared in collusion or cooperation with any other Bidders or participants in the Tender process.
My Bidis irreversible and cannot be canceled or modified and it will remain valid for the entire Validity of the Bids period, as set out in the Tender Documents. I am aware of NTA's right to demand that the validity of the Bids will be extended and I am aware that if I will not give my consent to such extension, my Bid will be disqualified notwithstanding any remedy or relief NTA would be entitled to according to the Tender Documents or pursuant to any law.
Should I be selected as the Successful Bidder I will submit to NTA all of the documents and approvals required to be submitting according to the Tender Documents, within seven (7) days from the announcement of the Successful Bidder or as otherwise instructed by NTA.
My Bidis in full compliance with the purposes and authorities set out in the Bidder's incorporation documents and there are no other limitations or obstacles, including in accordance with any of the Bidder'scontractual obligations, to sign and submit the Bid.
The validity of the Bid and all associated documents and Tender Forms is 180 days as of the Bids Submission Date, subject to NTA's discretion to extend the validity period of the Bids.

Faithfully yours,

Tender Form 2

The Bidder and its Key Personnel

The Bidder

Name:
Incorporation No.:
Place of Incorporation:
Date of Incorporation:
Address:
E-mail:
Phone:
Facsimile:
Shareholders of the Bidder: / Name / Holdings (%)

The Key Personnel

Monitoring Engineer / Database Manager / Monitoring Surveyor
Name:
Address:
E-mail:
Phone:
Facsimile:

The Bidder's Representative

Name:
Address:
E-mail:
Phone:
Facsimile:

Faithfully yours,

Tender Form 3

No Conflict of Interest and Personal Affinity Undertaking

(To be completed by the Bidder and each of the Key Personnel on a separate form)

Date: ______

To:

N.T.A. - Metropolitan Mass Transit System Limited ("NTA")

26 Harokmim St.

Holon, Israel

Dear Madam/Sir,

Re:No Conflict of Interest and Personal Affinity Undertaking

(check the relevant box)

I, the undersigned, , incorporation No. (the "Bidder"), submitting a Bid in response to Tender No. 127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment (the "Tender"), having been warned to tell the truth or face punishment by law, do hereby warrant and declare as follows:

I, the undersigned, , passport/ID No. , the proposed Monitoring Engineer/ Database Manager/ Monitoring Surveyor (select the relevant option) on behalf of , incorporation No. (the "Bidder") submitting a Bid in response to Tender No. 127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment (the "Tender"), having been warned to tell the truth or face punishment by law, do hereby warrant and declare as follows:

I do not and will not have during the Tender process and my engagement with NTA (directly or indirectly as a Key Personnel of the Bidder), a conflict of interest of any sort or any kind, business or personal relations or any other issue that might create a conflict of interest or a possible conflict of interest in relation to the Tender or the Services I will provide to NTA (including in respect to anyone on my behalf)("Conflict of interest"), subject to paragraph 6 below.
I will refrain from any action or activity that may form a Conflict of Interest, directly or indirectly, and I hereby undertake to notify NTA immediately in writing, of any concern for a Conflictof Interest,either directly or indirectly, and to act in accordance with NTA's instructions to prevent such conflict of interest.
I shall not provide any third party, including other consultants or suppliers of NTA or anyone acting on their behalf, with any service or information related to Tender,the services provided under the Agreement and/or in connection with the Project and/or any other service relating to, directly or indirectly, the services under the Agreement, or any other service, whether such service or information is provided for a reward or not, unless NTA has given its prior written consent to it, given at its sole discretion
The decision of whether a Conflict of Interest exists or not, will be exclusively examined by NTA's legal advisor and I will accept his decision in these matters, including any decision to cease my relationship with NTA or any other third party, unconditionally. Nothing stated in this paragraph 4, shall diminish my duty to avoid a Conflict of Interest or a possible Conflict of Interest and to avoid any affinities to those entities that might put me in a Conflict of Interest.
Please check the relevant box:

I hereby declare that there is no possible Conflict of Interest between myself and any shareholder, minister, management personnel, board member or CEO of NTA.

 I hereby declare that I have no affinity to any shareholder, minister, management personnel, board member or CEO of NTA.

I hereby declare that there is a possible Conflict of Interest between myself and a shareholder, minister, management personnel, board member or CEO of NTA.

I hereby declare that I have an affinity to a shareholder, minister, management personnel, board member or CEO of NTA.

The entities related to me, whether directly or indirectly, which may have a Conflict of Interest or affinity to NTA, are listed in the table below:

The Entity / The Nature of the Entity's Relationship with the Bidder/Key Personnel / The Nature of the Entity's Relationship with NTA

Faithfully yours,

Name Signature / Date / Attorney's Stamp & Signature* / Date
By:______
By:______/ (*) In his signature the attorney attests and confirms that , passport/ ID no. , having been warned by him to tell the truth or face punishment by law, has confirmed the truthfulness of its statement above and signed this Tender Form before him.
In addition, in respect of the Bidder, the attorney attests and confirms that the signatory on behalf of the Bidder is authorized to sign on behalf of the Bidder and to bind the Bidder for purposes of the above stated Tender Form, for all purposes and intents.

Tender Form 4

Declaration of Non-Payment of Commission

Date: ______

To:

N.T.A. - Metropolitan Mass Transit System Limited ("NTA")

26 Harokmim St.

Holon, Israel

Dear Madam/Sir,

Re:Declaration of Non-Payment of Commission

In addition to duties and prohibitions applicable by law, including the Israeli Penal Code, 5737 - 1977, I, the undersigned, incorporation No. (the "Bidder"), submitting a Bid in response to Tender number 127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment (the "Tender"), having been warned to tell the truth or face punishment by law, do hereby warrant and undertake as follows:

Not to offer, provide or receive, directly or indirectly, any benefit, money or anything of value aimed to influence, directly or indirectly, the decision, act or omission of NTA or an office holder of NTA or NTA’s employee or its representatives or any other party, concerning the Tender, the contractual process and/or any agreement or order arising from it, including the Agreement.
Not to solicit or collaborate, directly or indirectly, with an office holder of NTA or NTA’s employees, its representatives or any other Party, in order to receive confidential, sensitive or secret information connected with the Tender, the contractual process and/or any agreement or order arising from it, including the Agreement.
Not to solicit or cooperate, directly or indirectly, with an office holder of NTA or NTA’s employees, its representatives or any other Party, in order to set prices in an artificial or non-competitive manner.
I did not act contrary to subsections (1) through (3) above in the contractual proceedings of NTA and/or any agreement or order arising fromthem, and I will not do so while providing services to NTA.
I acknowledge that in case of reasonable suspicion that the undersigned or any of its representatives acted contrary to the aforementioned obligations, NTA reserves the right at any time and at its sole discretion, not to include me in the contractual process ofwhich there is a suspicion that such action was committed,and inter alia, to disqualify my bid in the Tender or to cancel my declaration as the Successful Bidder of the Tender or to terminate the Agreement.
I undertake to bring the content of this declaration to the attention of my employees, subcontractors, representatives, agents and anyone acting on my behalf, whom are involved in any way in the Tender, the contractual process of NTA and/or any agreement or order arising from it, including the Agreement.

Faithfully yours,

Bidder'sStamp & Signature / Date / Attorney's Stamp & Signature* / Date
By:______
By:______/ (*) In his signature the attorney attests and confirms that the signatoryon behalf of the Bidder is authorized to sign on behalf of the Bidder and to bind the Bidder for purposes of the above stated Tender Form, for all purposes and intents, and that having been warned by him to tell the truth or face punishment by law, he has confirmed the truthfulness of his statement above and signed this Tender Form before him.

Tender Form 5A

Confidentiality Undertaking of the Bidder

(To be completed by the Bidder)

Date: ______

To:

N.T.A. - Metropolitan Mass Transit System Limited ("NTA")

26 Harokmim St.

Holon, Israel

Dear Madam/Sir,

Re:Confidentiality Undertaking

I, the undersigned, , passport/ID No. (the "Company"), submitting a Bid in response to Tender No. 127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment (the "Tender"), hereby undertake in providing services to NTA, given the Company's involvement in NTA's affairs, to maintain complete confidentiality of all information related to NTA, including any data, survey, document, policy, information of any kind, commercial and professional terms and details related to NTA's activities, which came into the Company's and/or its employees possession through NTA and/or others associated directly and/or indirectly with NTA, software and computer applications developed for NTA, etc., and not to use them in any manner even after the termination of the Company's services for NTA.
The Company hereby undertakes not to transfer any material and/or information which came into its possession during its aforementioned work and/or as a product of its services, to any entity, including NTA-related entities, and not to distribute to any other suppliers of NTA other than by NTA or according to its instructions.
The Company hereby undertakes not to remove from NTA's offices any documents and/or other material belonging to NTA, and upon finishing the Company's services for NTA to return to NTA any document and/or material in the Company's and/or employees possession and/or control, and not to harm NTA's goodwill in any way.
The liabilities listed above shall not apply in any of the following cases: (i) the information was known to the Company prior to receiving it from NTA under the agreement between NTA and the Company, without infringement of a commitment of confidentiality made by any entity; (ii) the information came to the Company's possession through a third party without a breach of the agreement between the Company and NTA and the Company is not subject to a confidentiality undertaking towards that third party; or (iii) The information is public knowledge, not as result of breach by the Company of the agreement between NTA and the Company.
The Company's obligations above were given of free will and are irrevocable.

Faithfully yours,

Tender Form 5B

Confidentiality Undertaking of the Key Personnel

(To be completed by each of the Key Personnel on a separate form)

Date: ______

To:

N.T.A. - Metropolitan Mass Transit System Limited ("NTA")

26 Harokmim St.

Holon, Israel

Dear Madam/Sir,

Re:Confidentiality Undertaking

I, the undersigned, , passport/ ID No. , the proposed Monitoring Engineer/ Database Manager/ Monitoring Surveyor (the "Key Employee") on behalf of , incorporation No. (the "Company") submitting a Bid in response to Tender No. 127/2016 for the Provision of Instrumentation Installation and Monitoring Services - the Turkish Alignment (the "Tender"), hereby undertake as follows:

inproviding services to NTA on behalf of the Company, given my involvement in NTA's affairs, I will maintain complete confidentiality of all information related to NTA, including any data, survey, document, policy, information of any kind, commercial and professional terms and details related to NTA's activities, which came into my or the Company's and/or its employees possession through NTA and/or others associated directly and/or indirectly with NTA, software and computer applications developed for NTA, etc., and will not to use them in any manner even after the termination of my services for NTA.
I hereby undertake not to transfer any material and/or information which came into its possession during my aforementioned work and/or as a product of my services, to any entity, including NTA-related entities, and will not distribute to any other suppliers of NTA other than by NTA or according to its instructions.
I hereby undertake not to remove from NTA's offices any documents and/or other material belonging to NTA, and upon finishing providing the services for NTA to return to NTA any document and/or material in my possession and/or control (and/or anyone on my behalf), and not to harm NTA's goodwill in any way.
Nothing contained herein shall in any way restrict or impair my right to use, disclose or otherwise deal in information which, subject to demonstration by written evidence: (i) at the time of disclosure to me is in the public domain other than through an act or omission by myself; (ii) was in my possession prior to the time of disclosure to myselfother than through an act or omission by myself; or (iii) was rightfully obtained by me, at any time, from a third party without restrictions in respect of disclosure or use.
My obligations above were given of free will and are irrevocable.

Name & Signature / Date

Tender Form 6