QUOTATION CONDITIONS OF CONTRACT
Should your offer be accepted, the Terms and Conditions as set out in this Section and the terms and conditions in the GeBIZ Terms and Conditions shall govern the Contract between the Authority and your company.
In these Conditions, unless the context otherwise requires:
(a)"Authority" means the Maritime & Port Authority of Singapore and includes any officer authorised by the Authority to act on its behalf.
(b)"Contract" includes the Authority’s ITQ Message, the Contractor’s Quote Message or offer (submitted through GeBIZ), these Conditions of Contract, the specifications and samples, Letter of Acceptance, Order Message or any Orders issued by the Authority to the Contractor for the supply of the Goods and/or performance of Services.
(c)"Contract Price" means the price exclusive of the Singapore Goods and Services Tax payable to the Contractor for the full and proper performance by the Contractor of his part of the Contract as determined under the provisions of the Contract and in law.
(d)"Contractor" means the successful supplier who has been awarded the Contract by the Authority.
(e)"Goods" means all goods, including parts or units thereof, which the Contractor is required to supply under the Contract.
(f) "Services" means the work which the Contractor is required to perform under the Contract.
2.SCOPE OF CONTRACT
2.1The Contractor shall carry out and complete the supply of all items of Goods and perform Services in accordance with the Contract. Unless otherwise stated in the Contract, all Goods shall be new and unused.
3.DELIVERY
3.1The Contractor shall deliver the Goods and perform the Services by the Delivery/Performance Date and in the manner specified in the Contract. The Contractor shall obtain a receipt therefore from the Authority. The issue of such receipt shall in no way relieve the Contractor from his responsibility for replacing defective or damaged Goods or for rectifying deficient Services.
4.PAYMENT
4.1Within thirty (30) days from the date of invoice or date of receipt of invoice of any Goods delivered and Services performed in accordance with Clause 3.1 of the Contract and upon presentation by the Contractor of his bills in accordance with such means and in such format as may be specified by the Authority and the Authority's receipt as referred to in Clause 3.1 of the Contract, the Authority will make payment to the Contractor of the full value of all Goods so delivered and Services so performed provided that no payment shall be considered as evidence of the quality of any Goods and Services to which such payments relates nor shall it relieve the Contractor from his responsibilities.
4.2Where delivery is by consignments, payment will be made within 30 days after delivery of each consignment and the receipt of the documents referred to in Clause 3.1.
4.3 The successful tenderer will be required to submit invoices electronically online via the Vendors@Gov portal ( This is set out as part of the Government’s procurement terms and conditions in the GeBIZ system.
5.INTER-BANK GIRO SCHEME FOR PAYMENTS TO CONTRACTOR
5.1Subject always to Clause 4 of the Contract, the Contractor will be paid through the Inter-Bank GIRO Scheme. All moneys owing to the Contractor shall be credited directly into the Designated Bank Account (as defined below). The Contractor will continue to receive detailed Payment Advice(s) stating the invoice details for each payment. To facilitate the full and timely payment to the Contractor of the full value of all Goods so delivered and Services so performed in accordance with the terms of the Contract, the Contractor shall, within seven (7) days upon receipt of the Letter of Acceptance from the Authority:
(a)if requested by the Authority, sign up for the GIRO facility with the Authority by filling up the relevant GIRO form and sending the completed GIRO form to the relevant bank for endorsement; or
(b)in the absence of any request made by the Authority under sub-clause (a) above, furnish the Authority in writing with the details of the bank account which the Contractor has designated for the payments to be made by the Authority to the Contractor in accordance with the terms of the Contract (the “Designated Bank Account”).
5.2 The Contractor shall at all times be solely responsible to ensure the timely compliance with the requirements of this Clause, and the accuracy of the bank account details filled in on the relevant GIRO form or furnished to the Authority. The Authority shall not be responsible for any delay, loss, damage or expense suffered by the Contractor arising from his failure to strictly fulfil his obligations in this Clause.
6.RIGHTS OF THIRD PARTIES
6.1 A person who is not a party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of its terms.
7.SUB-CONTRACTING AND ASSIGNING
7.1The Contractor shall not sub-contract or assign the Contract without the prior written consent of the Authority.
8.SUSPENSION OR TERMINATION
8.1The Authority shall, after giving seven (7) days prior written notice to the Contractor, have the right to suspend or terminate the Contract if the Authority is affected by any state of war, Act of God or other circumstances seriously disrupting public safety, peace or good order of the Republic of Singapore. Neither party shall be liable to the other by reason of such suspension or termination save that the Authority shall pay the Contractor the price of the Goods delivered and accepted by the Authority as at the date of written notice of termination or suspension. The Authority shall have title to such Goods delivered and accepted. The Contractor shall refund the balance of any payments or deposits made after deducting any outstanding sums owing by the Authority to the Contractor by reason of this Clause.
9.RIGHTS OF THE AUTHORITY IN THE EVENT OF DEFAULT BY THE CONTRACTOR
9.1If the Contractor defaults in his performance of this Contract, the Authority may issue a notice of default to the Contractor informing the Contractor of its default. The Contractor shall, within thirty (30) days of the date of the notice of default, remedy the default. If the Contractor fails to do so, the Contractor shall be taken to have repudiated the Contract and the Authority shall have the right to terminate the Contract or cancel any part thereof by way of a notice of termination without the Authority being liable therefor in damages or compensation. The said termination shall take effect from the date of the notice of termination.
9.2In the event of termination under Sub-Clause 9.1 above, the Authority shall have the right to purchase from other sources all the Services which remains unperformed at the time of termination or similar Services, and all increased costs reasonably incurred by the Authority shall be recoverable from the Contractor.
10.CONFIDENTIALITY AND SECURITY
10.1Except with the written consent of the Authority, the Contractor shall keep strictly confidential, and not disclose to any person, except its directors, employees, officers, permitted agents and contractors (“its Representatives”), on a need to know basis:
(a)this Contract and any of its provisions;
(b)any purchases made under this Contract;
(c)any information, documents or materials in any form (i) issued or furnished by or on behalf of the Authority in connection with this Contract; or (ii) compiled or generated by the Contractor in the course of this Contract which pertains to or is derived from such information,
(collectively, “Confidential Information”).
10.2In addition to the foregoing, the Contractor shall at all times:
(a)use and shall ensure that all of its Representatives shall use, any Confidential Information solely for the purposes of this Contract and for no other purpose, unless with the prior written consent of the Authority;
(b)protect all Confidential Information by using the same degree of care as it would employ to protect its own information to prevent the unauthorised use, dissemination or publication of the said information, but in any case no less than a reasonable degree of care.
10.3The Contractor shall not and shall ensure that all of its Representatives shall not publish, communicate, release or otherwise disclose, or permit or cause to be published, communicated, released or otherwise disclosed, the Confidential Information to any third party without the prior written consent of the Authority.
10.4The Contractor shall ensure that all their personnel, servants, agents keep the Confidential Information arising or coming to their attention, gathered or produced by them in connection with the Contract confidential and secret and shall not at any time for any reason whatsoever use or disclose or permit them to be disclosed or used by any other except as herein before provided. The Contractor procure that they, their personnel, servants and agents having access to Confidential Information or such other matters shall first enter into a secrecy agreement. The Specimens of Corporate Secrecy Undertaking and Individual Secrecy Undertaking are attached.
10.5The obligations of confidentiality and secrecy shall survive the complete performance of the Contract or termination of the Contract for whatsoever reason.
11.GIFTS, INDUCEMENTS AND REWARDS
11.1The Authority may terminate the Contract and recover from the Contractor the amount of any loss resulting from such termination, if the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the Contract with the Authority or for showing or forbearing to show favour to any person in relation to any Contract with the Authority, or if the like acts shall have been done by any person employed by the Contractor or acting on his behalf (whether with or without the knowledge of the Contractor) or if in relation to any Contract with the Authority the Contractor or any person employed by him or acting on his behalf shall have committed any offence under Chapter IX of the Penal Code or Prevention of Corruption Act or shall have abetted or attempted to commit such an offence or shall have given any fee or reward the receipt of which is an offence under Chapter IX of the Penal Code or the Prevention of Corruption Act.
12.VARIATION
12.1No variation whether oral or otherwise in the terms of this Contract shall apply thereto unless such variation shall have first been expressly accepted in writing by the Contractor and the authorised contract signatory of the Authority.
13APPLICABLE LAW
13.1The Contract shall be subject to, governed by and interpreted in accordance with the Laws of the Republic of Singapore for every purpose.
13.2For the avoidance of doubt, until the Authority issues a Letter of Acceptance, an Order message, or Purchase Order, this document (i) is not a contract and shall in no way be construed as creating any legally binding obligation to purchase any Goods and/or Service from any Supplier; and (ii) shall not be construed as providing or implying that a contract will be entered into with any supplier.
Annex A
REQUIREMENT SPECIFICATIONS
TITLE OF PURCHASE :RENEWAL OF SOFTWAREMAINTENANCE AND SUPPORT
REQUIREMENT SPECIFICATIONS
- Scope of Purchases/Services
1.1The Authority is seeking torenew a software maintenance and support.
1.2The maintenance renewal is to provide technical support services, latest software updates and patches to the software.
2.Contract price
1
2.1In addition to entering the prices in GeBIZ, the Supplier is required to complete the breakdown of prices as shown in Annex Band attach it in GeBIZ before the closing date and timefor evaluation. Failure to do so may result in your submission not being shortlisted for evaluation.
2.2The Supplier is required to undertake one of the following in the GeBIZ system :
(a) Supplier will key in the base offer only; or
(b) If Supplier has alternative offers to be keyed in, the Supplier must enter a base offer according to the requirement specifications followed by the alternative offers as a separate item in GeBIZ. The Alternative offers will not be considered if Base Offer is not submitted.
Important : The Supplier must note that if an indicative price (eg. $1) is keyed in,the Authority reserves the right to reject the whole submission for further evaluation. If Supplier is unsure on what price to be keyed into GeBIZ, please contact MPA officer, Kevin Neo at DID:63751261 or Email : Kevin .
2.3The Authority reserves the right to award all or some of the items.
- Duration of Contract
3.1The Duration of Contract of the various items is specified in the breakdown of prices table in Annex B.
- Detailed scopes of maintenance
4.1The required detail scopes of maintenance for the servers are:
(a)Provide technical support via emails or telephone.
(b)Access to Oracle Support Online for 24x7 online technical support of the product and documentation downloads, fixes, service packs, patch downloads.
(c)The Contractor shall have a back to back maintenance support with the Oracle.
(d)The maintenance shall be billed yearly.
- Evaluation criteria
5.1The participating Suppliers will be evaluated based on the following criteria.The criteria have been ranked with (a) to be the most important.
(a)Compliance to the requirement specifications
(b)Price
Ability to provide cost-effective and competitive services.
(c) Track record / Experience
Relevant expertise, experience and track record in providing services to MPA, the Government, Statutory Boards or public organisations in Singapore.
(d) Proposal
Ability to comply with specifications, and quality of proposal.
(e) Compliance to the Quotation Conditions of Contract
Annex B
Breakdown of Prices
S/No / Description / Qty / Unit Price(S$) / Total Price
(S$)
1 / Software maintenance of “Oracle SunOne web serverenterprise edition - socket perpetual” for 3 years / 4
Software Information for Oracle Sun product
S/No / Description / Qty / Serial Number1 / Oracle SunOne web server enterprise edition - socket perpetual / 4 / CSI# 16966188
Revised on 15 Jun 2016
1