April 10, 2012
Purchasing documentation on
Open Request for Proposals for Contract Awarding to Provide Oracle Hardware Maintenance and Support to “K-Telecom” CJSC
Yerevan
2012
Contents
Company Profile 3
1. General Provisions 4
1.1. General information on Request for Proposals 4
1.2. Legal status of procedures and documents 4
1.3. Appeal 6
1.4. Other provisions 6
2. Subject of RFP 8
2.1. The subject of RFP is as follows: 8
3. Order of execution of Request for Proposals 10
3.1. Preparation of Proposals 10
3.2. Requirements to Applicants. Approval of compliance with the presented requirements 12
3.3. Submission and acceptance of Proposals 14
3.4. Amendment and call back of Proposals 16
3.5. Evaluation of Proposals 16
3.6. Decision-making 19
3.7. Agreement conclusion 20
3.8. Rights of the Applicant that provided the best offer for RFP 20
3.9. Notification of Applicants about the results of Request for Proposals 20
4. Samples of standard forms of documents, included in the Annex 22
4.1. Letter about offer submission (Form 1) 22
4.2. Technical/Commercial Proposal on provision of works, goods or services (Form 2) 24
Applicant’s Questionnaire (Form 3) 25
Applicant’s Work History Reference List (Form 4) 27
Technical Specification (Annex 3) 28
Company Profile
“K-Telecom” CJSC (VivaCell-MTS), is Armenia’s leading mobile operator with over 2 million subscribers. Starting its activity on July 1, 2005, VivaCell-MTS spearheaded the development of the telecommunication sector in Armenia, offered innovative mobile voice and data products and services, and tailored solutions for different market segments. On September 14, 2007, the Company became the subsidiary of “Mobile TeleSystems” OJSC (MTS), one of the world’s largest multinational mobile operators.
VivaCell-MTS has become the choice of remote mountainous villagers, housewives, youth, middle-class, as well as travelling business people. VivaCell-MTS also paved the way and leads the partnership with the society through its Corporate Responsibility: everywhere hand in hand with all Armenians in social, cultural, health, sports, educational and humanitarian activities.
1. General Provisions
1.1. General information on Request for Proposals
1.1.1. “K-Telecom” CJSC (legal address: 4/1 Argishti str., Yerevan, Armenia), (hereinafter referred to as the Organizer), with the public notification posted on its website at www.mts.am/procurement on conducting Open Request for Proposals, has invited legal entities (hereinafter referred to as the Applicants) for submission of Proposals with the right to conclude agreement on Oracle hardware maintenance and support with “K-Telecom”.
1.1.2. For further information, please apply to the Organizer:
Contact person: Hmayak Yezekyan
Logistics Officer
Administration Services Department
Purchasing Unit
“K-Telecom” CJSC (VivaCell-MTS)
4/1 Argishti Street
Yerevan 0015, Armenia
Tel.: +374 93 298582
Fax: +374 93 298541
E-mail:
1.1.3. The complete information on participation in open purchasing process is posted on the Organizer’s website at www.mts.am/procurement.
1.1.4. The procedures as well as instructions on participation and preparation of Proposals for open purchasing process are provided in the Section 4.
1.1.5. No fee is foreseen for provision of RFP Documentation.
1.2. Legal status of procedures and documents
1.2.1. The Open Request for Proposals (RFP) is not a tender and the given procedure of Open RFP is also not considered as a public tender. It is a collection of respective offers available in the market, as a result of which the best offer might be accepted. The process of the Request for Proposals is not regulated by the Articles 463-465, 1043-1044 of RA Civil Code and Law “On Public Auctions”.
1.2.2. Publication of RFP in compliance with point 1.1.1. with its indispensable annexes is the invitation to submit Proposals and must be considered by the Applicants as such.
1.2.3. Applicant’s Proposal has legal status of offer, which should include all the essential terms of the given contract and shall be considered by the Organizer in compliance with this Document. The Organizer reserves the right to determine Applicants’ Proposals, as firm offers, which are not subject to further changes except for the cases foreseen by this Document.
1.2.4. The Agreement concluded on the basis of RFP Process results, stipulates all agreements reached by the Parties.
1.2.5. In the course of determination of Agreement terms with the Applicant that submitted the best offer the following documents are used with the strict order of the indicated hierarchy (in case of their controversy):
a) Notification about conducting Open RFP and this Documentation on Open RFP for all the executed stages including all the addenda and clarifications;
b) Applicant’s Proposal with all the attachments and clarifications in compliance with Requirements of the Organizer.
1.2.6. Other documents of the Organizer and the Applicants do not define the rights and obligations of the parties with regard to the current Open RFP.
1.2.7. In all other cases, which are not regulated by the Notification about conducting the Open RFP and current Documentation on Open RFP, parties are governed by the legislation of the Republic of Armenia (RA).
1.2.8. Upon the authority of submitting Proposal and in case of waving the right to call them back according to the procedure stipulated by the given Document and RFP, the Applicants shall agree with the procedures and provisions prescribed by the given Document and RFP.
1.3. Appeal
1.3.1. All disputes and disagreements, arising as a result of conducting the RFP, including the one, concerning execution of obligations by Organizer and Applicants, should be resolved through negotiations. When one of the parties receives a claim, it shall send the response to the other party within 10 working days from the moment of its receipt. In case disputes are not regulated after 30 days of their commencement, they should be regulated according to the rules and procedures of RA legislation.
1.4. Other provisions
1.4.1. The Applicants independently incur the expenses with regard to the preparation and submission of the Proposal, whereas the Organizer is not responsible for those expenses and has no obligations regardless of the course and results of the purchasing process.
1.4.2. The Organizer provides reasonable confidentiality regarding all the information received from the Applicants, including the one described in the Proposal. This information may be provided to other Applicants or to a Third Party only in cases directly stipulated by the existing legislation of RA or the given RFP Documentation.
1.4.3. The Organizer reserves the right to reject the Proposal if he/she ascertains that the Applicant expressly or by implication gave, agreed to give or offered the Organizer’s employee reward in any form: job, service, any value as a stimulus that can influence the decision-making to define the best offer.
1.4.4. The Organizer has the right to reject the Proposals of the Applicants, which came to an agreement with each other on the determination of best offer or for the purpose of having impact on that process.
1.4.5. The Organizer reserves the right to cancel the purchasing process on conducting an Open RFP at least 3 days prior to the closing date of this Open RFP (as specified in item 3.3.4.), respectively notifying about it the Applicants via posting of this information on www.mts.am/procurement webpage. The Organizer bears no responsibility for the expenses incurred by the Applicants or Third Parties as a result of such cancellation.
2. Subject of RFP
2.1. The subject of RFP is as follows:
Oracle hardware maintenance and support for the existing servers and network equipment starting from 01 June, 2012.
Each server or network equipment has different support level requirements.
For detailed technical specification please refer to Annex 3.
2.1.1. Technical part
· All Technical requirements are mentioned in Annex 3
· Work experience in the Armenian market not less than 3 (three) years
· Applicants should present below requested documents
· Certificates (or other documents) for Oracle Authorized Partner
· Applicants should inform about below mentioned experts involved in their staff
· Oracle Certified experts (Oracle Certified Security Administrator SCSA is a major advantage)
2.1.2. Commercial part
Applicants registered in RA should submit proposals in AMD, VAT excluded. Whether the Applicant is not VAT Payer Company, then proposed prices should include all expenses and taxes.
Applicants registered outside of RA should specify price in USD (Including all taxes applicable based on tax legislation of the country where the Applicant is registered. At the same time specify the Non-resident income tax if applicable).
The Applicant should clearly present payment terms. The following payment terms are proposed: 100% within 15 (fifteen) banking days after organization of trainings, invoice submission and bilateral signing of delivery and Acceptance Act. The payment may be made in parts, based on the actual provision of trainings, progress of works or services provided. Upon other equal conditions the preference will be given to the Applicant proposing the best payment terms.
The commercial part may contain conditions that are critical for the given Purchasing activity. In this case, the participants of the purchasing procedure have to specify their consent/disagreement with those conditions.
Support and maintenance should be implemented for 1 year
The payment should be done quarterly based on invoices after providing services
2.2. The Applicants’ Proposals should be elaborated in accordance with Forms in Section 4
3. Order of execution of Request for Proposals
3.1. Preparation of Proposals
3.1.1. General requirements to Proposal
The Applicant who wishes to respond to the RFP must prepare a Proposal, which shall include:
3.1.1.1. Letter about offer submission in the form and according to instructions, stipulated in this Documentation (Form № 1 );
3.1.1.2. Technical/Commercial Proposal for provision of goods, works or services in the form and in accordance with instructions, stipulated in this RFP (Form № 2);
3.1.1.3. Price proposal in accordance with instructions indicated in this RFP;
3.1.1.4. The draft Agreement in accordance with instructions stipulated in this RFP;
3.1.1.5. Documents, which prove the Applicant’s compliance with requirements of this RFP (subpoint 3.2.).
3.1.1.6. The CSR (Corporative Social Responsibility) policy of the applicant and the list of the CSR activities realized during the last two year.
3.1.2. The Applicant shall submit all documents in hard copies. The Applicant shall also submit electronic version of the proposal to e-mail address before RFP submission deadline. The electronic version of the file shall be protected by password of at least 12 characters combined of letters, numbers, symbols etc. The password of the proposal shall be enclosed in the envelope of the hard copy of the Proposal submitted to Organizer. The Applicant bears responsibility for non-compliance to this request.
3.1.3. The Applicant is entitled to submit only one Proposal. In case of violation of this rule, all Proposals of this Applicant are rejected without consideration of their merits.
3.1.4. If there are multiple lots, the Participant prepares an individual Proposal for each lot applied. All Proposals shall be filled in according to this purchasing Documentation and have to be placed in different envelopes and shall be sealed with the stamp of the Applicant. The lot numbers have to be specified on the envelopes. Afterwards the envelopes have to be inserted into the envelope of the Applicant.
3.1.5. Each document, included in the Annex, should be signed by the person who, pursuant to RA legislation, is entitled to act on behalf of the Applicant without power of attorney, or the person duly authorized by the Applicant on the basis of notarized power of attorney. In the second case, the original of the power of attorney shall be fixed as an Attachment.
3.1.6. Each document, enclosed in Applicant’s Proposal, must be sealed with Applicant’s seal.
3.1.7. Documents (sheets or informational envelopes), included in Proposal, should be fixed or packed in a way that would prevent documents or informational envelopes from accidental loss or replacement.
3.1.8. Applicant shall prepare one original and one copy of Proposal in each language (if multiple languages are applied), on which the words “original” and “copy” should respectively be indicated.
3.1.9. Neither of corrections in the Proposal text has legal force, except for the cases, when these corrections are authorized by handwritten script “corrections are verified” and personal signature of the authorized person is indicated next to each correction.
3.1.10. Requirements to the language of Proposal
3.1.10.1. All the documents, included in the Proposal, should be prepared in Armenian and/or English with the exception of the following:
The documents original copies of which were presented to the Applicant by Third Parties in another language, may be presented in the original language, with attached translation of these documents into Armenian and/or English (in specially envisaged cases the translation must be apostilled), for authentication of which the Applicant is responsible. In case of revealing discrepancies between the translation and the original of the document, the Organizer makes a decision on the basis of the translation.
3.1.11. Clarification of Documentation on Request for Proposals
3.1.11.1. Applicants are entitled to apply to the Organizer for clarification of this RFP. The requests for clarification of RFP should be submitted in the written form with the signature of the head of the organization or another responsible person authorized by the Applicant.
3.1.11.2. Organizer, within reasonable period, should provide an answer to any question received not later than 2 days prior to the deadline of Proposal receipt (point 3.3.4.). If, in Organizer’s opinion, the given question is of interest to all the Applicants, the answer copy (without indication of the question source) should be announced to all the Applicants via the same communication means used for posting this announcement.
3.1.12. Amending Documentation on Request for Proposals
3.1.12.1. The Organizer is entitled to amend this Documentation on Request for Proposals before the deadline for submission of the Proposals but not later than 3 days prior to the submission deadline, except for the cases when these amendments do not change the significant conditions indicated in RFP.
3.1.12.2. All Applicants shall be immediately notified on the matter of such amendments via the same communication means used for posting this announcement.
3.1.13. Prolongation of the deadline of Proposals acceptance
3.1.13.1. If necessary, Organizer has the right to prolong the deadline of Proposals acceptance, stipulated in subpoint 3.3.4. with notification to all Applicants in compliance with the procedure, stipulated in 3.1.12.1.