ISSUE DATE / 25.06.2015
RFP
Renting of Hoarding Sites
For
Mobitel (Pvt) Ltd
Mobitel (Pvt) Limited
108, W.A.D. RamanayakeMawatha,
Colombo 2
Sri Lanka
DATA SHEET
ITEM DESCRIPTIONRequest for Proposals forRenting of Hoarding Sites for Mobitel (Pvt) Limited.
RFP NO: MOB/MKT/25/06/15-018
BID BOND
Value of the bid bond is Rupees One Million (Rs.1,000,000/-). The bid bond shall be valid for Ninety days (90) from the date of closing Bids. The Bid Bond format is given in Annexure 1.
PLACE OF ACCEPTANCE OF RFP
Office of the Manager – Procurement, Mobitel (Private) Limited, 108, W.A.D. RamanayakeMawatha, Colombo 02.
RECEIVING AND CLOSING OF RFP
Proposalswill be received not later than 12.00hours on 20th July 2015
COMPLETION PERIOD
Service to be provided as per the scope of services given under General Terms and Conditions of RFP.
Section 1
GENERAL CONDITIONS OF RFP
Introduction
Mobitel (Private) Limited, at 108, W.A.D. RamanayakeMawatha – Colombo 02, will receive Proposals for Renting of Hoarding Sites for a period of one year. The Vendor should comply with the terms and conditions of this RFP as outlined below.
1RFP Details
1.1Receipt and close of RFP
1.1.1The RFP should be addressed to the “Procurement Manager” with Technical offer and Commercial offer in two separate envelopes with the RFP reference number “MOB/MKT/25/06/15-018” clearly indicated on the top left hand corner of the envelopes and hand delivered to the Procurement Division on the 5th Floor, at Mobitel (Pvt) Limited, Corporate Head Office, No. 108, W.A.D. RamanayakeMawatha – Colombo 02.
1.1.2This RFP should be submitted on or before 12.00 hours on 20thJuly 2015
2Opening of RFP
2.1The Evaluation Committee will open RFP’s the following day at No.108, W.A.D. RamanayakeMawatha – Colombo 02. The successful vendor will be informed of the award within Ninety (90) working days of the opening of Proposals.
3Acceptance of RFP’s
3.1The Proposals will only be accepted from vendors who have submitted proposal on or before the closing date & time.
3.2It is the policy of Mobitel to select the most suitable offer and award the order to the successful vendor(s). However, Mobitel reserve the rightto reject any oral the proposals received in response to their request and Mobitel has no obligation to explain to unsuccessful Vendor the reason for rejecting their proposals. Further there is to be no contract until certain formal documents have been executed and official Purchase Order issued.
3.3Any clarification must be made in via email to on or before 15th July 2015
4Validity Period of Offer
4.1All offers shall be held good for acceptance for a minimum period of 90 days from the date of closing the RFP
5Submission of quotes
5.1Vendor should submit the following documents;
5.1.1Vendors must attach a letter undertaking to comply with the conditions of the RFP
5.1.2All offers shall be held good for acceptance for a minimum period of Ninety (90) days from
The date of closing of this RFP
6Technical Requirement
6.1The vendor should submit their RFP based on technical scope detailed in Section 2.Vendors should respond to all sub sections clearly and may attach additional information relevant as annexures.
7Commercial Proposal
7.1The vendor should submitthe commercial proposal separately as explained inSection 3
7.2Prices indicated shall be firm and not subject to variation except for rates of VAT and other applicable taxes prevailing on the date of closing of RFP.
7.3Credit terms offered must also be in accompanying Notesto price format submitted
8Documents and Details to Accompany RFP
8.1The Vendor must submit the profile of the company, a list of important customers with their contact details for the services Proposed.
8.2All RFP’s should contain adequate particulars in respect of the scope of services in conformity to required scope as per Section 2
8.3All RFP’s shall be the property of Mobitel and shall not be returned to the Vendor.
9Accept or Reject Offers and Intimation of Acceptance
9.1Mobitel reserves the right to decide on the most suitable Vendor/s taking into consideration all concerned facts. Mobitel is not bound to make the award to RFP to the vendor submitting the lowest offer.
9.2The RFP Committee reserves the right to reject any or all RFP’s without adducing any offer. The notice of acceptance of RFP will be sent by registered post to the successful vendor to the address given by him in the RFP documents as soon as possible after the decision has been made. Intimation of the acceptance of RFP may alternatively be made by Facsimile or e-mail if circumstances so require, and such intimation should be considered sufficient notice of acceptance.
9.3The notice of acceptance of RFP will be communicated to the successful Vendor who will receive the official Service Order.
9.4MOBITEL reserves the right to cancel the project at its sole discretion at any time prior to signing a contract for any reason and without penalty
9.5 MOBITEL reserves the right to partition the work to the Vendors who are required to fully co-operate with other selected Vendor to collectively fulfill the objectives and requirements for the project.
10Use of Documents and Information
10.1No vendor shall without prior written approval from Mobitel disclose any document, specification, etcto any outside person or any other Vendor.
10.2The vendor shall not make use of any document or information except for purpose of executing of the order.
10.3The vendorshall be responsible for any discrepancies, errors or omissions in written information supplied by the Vendor, whether they have been approved by the Vendor or not, provided that such discrepancies, errors, or omissions are not due to inaccurate information furnished by the Vendor.
10.4The vendor shall carry out at its own expense any alterations or remedial work necessitated by reason of discrepancies, errors or omissions due to the fault of the Vendor and shall modify the written information. Accordingly, or in the event if the same were done by or on behalf of the Vendor, the Vendor shall bear all costs incurred thereby in agreement with the Vendor
11Canvassing, Gifts & Commissions
11.1vendor or their Agents should not canvass, offer or agree to give any kind of gifts, commissions rebate or inducement to any person employed by Mobitel.
11.2Breach of this clause may be punishable by law and shall render the RFP invalid And /or cancelled.
12Tests and Inspection
12.1The vendor reserves the right to obtain information from existing customers of the Vendor with regard to services provided by the Vendor to as confirm their conformity to the specified standards.
13Termination for Default
13.1If the vendor fails to fulfill the order as specified in the terms of delivery mentioned in the Purchase Order issued, Mobitel may without prejudice to any other remedy for breach of the Contract, has the right to terminate the order in whole or in part and recover any losses from the payments due to the Vendor.
14Standards of Product
14.1The vendor shall warrant that the product supplied would conform to the required standards.
14.2The vendor shall if necessary undertake to sign an agreement with Mobitel for all warranty procedures and provision for alternate Services
15Royalties and Patents
15.1The vendor shall pay royalties and license fees and defend all suits resulting from claims for, infringement of any patent or other intellectual property rights and the Vendor shall and indemnify and hold Mobitel indemnified completely and at all times from all damages, costs and expenses of the alleged infringement of any patent or other intellectual property rights, on all software, materials, and equipment purchased outright or leased and installed according to the specifications provided by Mobitel.
15.2The vendor shall defend Mobitel at the Vendor's own cost at any or all such suits or proceedings. If the Equipment or any item thereof is held to constitute an infringement in such action, the Vendor at his own expense will have the choice of taking one or more of the following courses of action;
15.2.1Replace the item with a non-infringing item.
15.2.2Procure for Mobitel the right to continue to use such Equipment and item.
15.2.3Modify the Equipment or any item thereof so that the said Equipment or any item thereof shall cease to constitute infringement of any such rights.
15.2.4In such an event the Vendor shall obtain the prior written approval of Mobitel.
16Maintenance and Enhancements
16.1The vendor must define who will provide systems maintenance service, where this/these individual(s) will be located, what the response times are and what service/contract cost options are offered.
16.2The vendor will also provide the Mobitel contractually the right to determine an emergency need (as defined by the Mobitel) and the wherewithal to respond within a predetermined time frame. The Vendor must describe how they provide minor/major upgrades, bug fixes available to the Mobitel.
17Governing Language
17.1All correspondence and other documents pertaining to the RFP shall be written in the English language. If any printed documents written in any other language are furnished, the English translation shall have to be certified by the relevant embassy or High Commission.
18Applicable Law
18.1The RFP and any Contract resulting there from will be governed and abide by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.
19Arbitration (Only in the event of Parties entering in to a Contract)
19.1The Parties shall use their best efforts to settle any dispute difference or question between them arising out of a resulting Contract in an amicable way. The subject matter shall be discussed in good faith.
19.2If however, the subject matter remains in dispute despite the Parties efforts to settle the dispute in question either party may submit the matter to arbitration as set out below.
19.3All disputes differences or questions between the Parties with respect to any matter arising out of or relating to the resulting Contract shall be finally settled under the Rules of Conciliation and Arbitration in accordance with the provisions of the Arbitration Act No 11 of 1995 and the rules of the Arbitration Centre of the Institute for the development of Commercial Law and Practice, in Colombo (Sri Lanka) by three(3) arbitrators appointed in accordance with the said Rules and proceedings and the proceedings shall be conducted in the English language.
20Taxes and Duties
20.1All taxes such as VAT, payable in Sri Lanka by the Vendor relating to the execution of a resulting Contract shall be borne by Mobitel.
20.2The Vendor who should be registered for VAT shall submit to Mobitel complete and sequentially numbered invoices stating the VAT numbers of both parties and showing the component of VAT separately and Mobitel shall pay such total tax invoices.
20.3However personal income tax and corporate income tax of the Vendor, the Vendor’s employees or his Sub Vendors payable whether in Sri Lanka or outside Sri Lanka shall not be borne by Mobitel.
20.4Any taxes outside Sri Lanka shall not be borne by Mobitel.
20.5Any taxes whether in Sri Lanka or outside Sri Lanka by Sub Vendors or employees of the Vendor shall not be borne by Mobitel.
21Protection of Existing Telecommunications System
21.1During the installation/construction period, the Vendor shall pay special attention to the protection of the existing telecommunications system from damage or interference.
21.2In case such damage or interference should occur, the Vendor shall immediately suspend his Works and ask Mobitel for their instructions, upon receipt of which he shall restore services as soon as possible at his own cost.
22Prevention of Damage
22.1The Vendor shall, at his own expenses, provide facilities necessary to prevent damages to Works, Goods, adjacent structures or a third party until the Works has been completed and accepted.
22.2The Vendor shall whenever he considers it necessary for the prevention of accidents, take proper measures at his own cost, and notify Mobitel of the measures taken. The Vendor shall be solely responsible, should any accident occur.
22.3The Vendor shall not enter for any purpose, buildings other than those concerning with the project, without obtaining the permission of the person in charge.
23Non-Disclosure Agreement
Guidelines;
(1) The Complete NDA should be submitted
(2) The NDA should be executed in the following manner
Company - By the persons authorized by the Company’s Articles of Association. Generally it is a Director (in a single Director company) or Two Directors or a Director and the Company Secretary. However in large companies delegation takes place as such a Manager or other official might be authorized to sign the NDA on behalf of the Company. In the latter case please obtain a copy of the document by which the Board has given authority to the individual to sign on behalf of the Company. Plus the rubber seal (or the common seal if available) of the company to be placed on the NDA (this is required for the purpose of refuting any allegations that might be made by the other party on the basis that the NDA was signed by a person not authorized by Company.
(3) The two witnesses should place their signatures (the witnesses by placing their signatures would be witnessing the placing of the signatories’ signatures)
(4) NDA should be submitted in two copies
NOTE - IF a NDA has already been executed with Mobitel, it is not necessary to submit a separate NDA with this RFP.
24Correspondence
24.1The Vendor will name a representative to communicate with Mobitel. The representative must be a person authorized to negotiate a contract in the company’s name. The Vendor must also identify a person who will act as the Vendor’s contract administrator. This person or a successor must have full authority to resolve disputes with Mobitel
24.2Any correspondence in this regard should be sent in writing, e-mail to the following address. All communications about this Request for RFP must be directed through the following officer who is the coordinator for this RFP.
Dilshan Goonetilleke
Manager - Procurement
Mobitel (Pvt) Ltd
108, W.A.D. Ramanayake Mawatha,
Colombo 02.
e-mail:
Section 2: Technical Specification
2.1 HOARDING SITE LOCATIONS
# / Location / Size in Square Feet / Total Sq.Ft1 / Bibile / 50 / 20 / 1000
2 / Batticloa / 60 / 20 / 1200
3 / Kegalle / 50 / 20 / 1000
4 / Mahiyangana / 20 / 30 / 600
5 / Mawanella / 50 / 20 / 1000
6 / Base line near Prison / 20 / 10 / 200
7 / Pettah Bus stand / 20 / 10 / 200
8 / Town Hall Near Sir Marcus Fernando Road / 20 / 10 / 200
9 / Kota Road , Borella / 20 / 10 / 200
10 / High level Wajira Road / 20 / 10 / 200
11 / Kirulapana In front of High Level City / 20 / 10 / 200
12 / High Level Near Park Road / 20 / 10 / 200
13 / Cambridge Place / 20 / 10 / 200
14 / Ward Place Near Kinsey Road / 20 / 10 / 200
15 / Borella Near lady Ridgway / 20 / 10 / 200
16 / Wajira Road Near VisakaVidyalaya / 20 / 10 / 200
17 / Thummulla Near University / 20 / 10 / 200
18 / Near Durdens Hospital ( Col-03) / 20 / 10 / 200
19 / Nawaloka Car Park / 20 / 10 / 200
20 / Muttaiya Road , gangarama / 20 / 10 / 200
21 / Near Glass House Tennis Court / 20 / 10 / 200
22 / Technical Junction / 20 / 10 / 200
23 / Panchikawatta Roundabout / 20 / 10 / 200
24 / Kotahena Roundabout / 20 / 10 / 200
25 / Base Line Near fly over / 20 / 10 / 200
26 / Narahenpita Near Vocational training centre / 20 / 10 / 200
27 / Base Line Near TRC / 20 / 10 / 200
28 / Baseline in Front of AAT building / 20 / 10 / 200
29 / Wijayarama Junction / 20 / 10 / 200
30 / Near Torrington Square / 20 / 10 / 200
31 / Lipton Cricle / 20 / 10 / 200
32 / Ibbanwala Junction / 20 / 10 / 200
33 / Near Public Library , Dharmapala Mawatha / 20 / 10 / 200
34 / Pittala Junction / 20 / 10 / 200
35 / Near Lake House Roundabout / 20 / 10 / 200
36 / Mattala 1 / 80 / 20 / 1600
37 / Mattala2 / 80 / 20 / 1600
38 / Hambantota/ Ranna / 80 / 20 / 1600
39 / Kataragama / 40 / 20 / 800
40 / Ratmalana / 40 / 20 / 800
41 / Weeraketiya / 80 / 20 / 1600
42 / Weerawila / 40 / 20 / 800
43 / Hakmana / 40 / 20 / 800
44 / Hikkaduwa / 40 / 20 / 800
45 / Tangalle / 40 / 20 / 800
46 / Chilaw / 40 / 20 / 800
47 / Ambalangoda / 40 / 20 / 800
48 / Matara / 40 / 20 / 800
49 / Anurdhapura / 80 / 20 / 1600
50 / Puttalam / 40 / 20 / 800
51 / Pasyala / 40 / 20 / 800
52 / Madurankuliya / 75 / 25 / 1875
53 / Wattala - Entering Hendala / 40 / 25 / 1000
54 / NuwaraEliya - labukele / 125 / 20 / 2500
55 / NugegodaGantree Col side p1 / 27'8'' / 8 / 222.4
56 / NugegodaGantre Col side p2 / 27'8'' / 8 / 222.4
57 / Nugegodagantree MRG side p1 / 22'8'' / 8 / 182.4
58 / NugegodaGantree MRG side p2 / 22'8'' / 8 / 182.4
59 / DehiwalaGantree Col side p1 / 56'5'' / 8 / 452
60 / DehiwalaGantree Col side p1 / 28'4'' / 8 / 227.2
61 / DehiwalaGantree Galle side side p1 / 56'8'' / 8 / 454.4
62 / DehiwalaGantree Galle side side p2 / 28'2'' / 8 / 225.6
63 / Highway Entrance / 80 / 20 / 1600
64 / Padalangala / 80 / 20 / 1600
65 / Thanamalvila / 80 / 20 / 1600
66 / Obbegoda (monaragala ) / 80 / 20 / 1600
67 / Ampara / 80 / 20 / 1600
68 / Padiyathalawa / 70 / 20 / 1400
69 / Badulla -Hali ela / 80 / 20 / 1600
70 / N'eliya (kappetpola Road , padeniwela) 80x20 / 100 / 20 / 2000
71 / Kandy -Gannoruwa 80x20 / 70 / 20 / 1400
72 / Air Port Near Departure 60x20 / 60 / 20 / 1200
73 / Madurankuliya 100x20 / 100 / 20 / 2000
74 / Anamaduwa 80x20 / 80 / 20 / 1600
75 / Jaffna Palei 100x20 / 100 / 20 / 2000
76 / Kantale 80x20 / 80 / 20 / 1600
77 / Gokeralla 80x20 / 80 / 20 / 1600
78 / Kuliyapitiya Town / 80 / 20 / 1600
79 / Dambulla / 80 / 20 / 1600
80 / Thirappane / 80 / 20 / 1600
81 / Mannar / 80 / 20 / 1600
82 / Galgamuwa / 80 / 20 / 1600
83 / Bandaragama Town / 80 / 20 / 1600
84 / Horana ( Medamukalana ) / 80 / 20 / 1600
85 / Balangoda / 80 / 20 / 1600
86 / Eheliyagoda / 80 / 20 / 1600
87 / Opanayake / 80 / 20 / 1600
88 / Nittambuwa / 80 / 20 / 1600
89 / Mathugama / 80 / 20 / 1600
90 / Near Dadugama Bridge ( Seeduwa) / 40 / 20 / 800
2.2Terms & Conditions
- First Flex change should be Free of Chargeon installation and Renewal of the period for one year.
- The ADVERTISER warrants that the sites in which the hoardings either belongs to the ADVERTISER or ADVERTISER has lawful authority by way of lease, rent, Permit or license to use/occupy and erect hoardings mentioned for the periods mentioned in the Schedule. And the ADVERTISER shall ensure that the hoardings are displayed continuously throughout the agreed period.
- The ADVERTISER shall install the hoardings, affix and display the flex print to promote the products and services of MOBITEL on behalf of MOBITEL as per the details, sizes and in the locations and in the event if any such hoardings is not on display for any reason, the period will be extended by the number of days any such hoarding was not on display.
- If any damage is caused within the guarantee period of 12 months from the date of installation, replacing of damaged items shall be done free of charge such as peeled off stickers, discolored digital prints, or any damages to the structure. In the event of hoarding/s being damaged, the ADVERTISER will repair the damages free of charge within one week during the guaranteed period and the agreement shall be extended by the numbers of days the hoarding/s was/were not on display.
- The ADVERTISER shall maintain the hoardings in good condition free of foreign matter and dirt and in presentable manner without causing any threat to public safety.
- The ADVERTISER shall pay all rents, taxes, rates, levies and any other payment due to any other party including the Government, Local Authorities, Road Development Authority, Urban Development Authority, Provincial Council or any other institution under Provincial Councils.
- The ADVERTISER shall defend and indemnify MOBITEL in the case of any claim made against MOBITEL and hold MOBITEL, its Employees and Agents harmless from and against all losses or exposure by reason of liability imposed by law upon MOBITEL for damages caused to property or persons due to bodily injury including death at any time resulting there from sustained by any person in consequence of the performance of this Agreement by the ADVERTISER, his employees, sub-Contractors or their agents and this indemnity clause shall remain in force for a period of three years after the termination of the agreement. To this end, the ADVERTISER shall procure a comprehensive Insurance Policy covering the afore-mentioned.
- If the site has to be vacated or one or more hoardings mentioned are removed by any party for the reason of want of authority to use/occupy the said sites by the ADVERTISER for any reason whatsoever including but not limited to the reasons of nonpayment of rents, taxes, rates, levies and any other payment or for reasons of safety, the ADVERTISER shall be liable to pay the amount of money (on pro rata) for the balance period of the agreement within which the hoarding is not displayed back to MOBITEL immediately upon demand.
- The ADVERTISER shall install the hoardings according to the time schedule given and the time shall be calculated from the 1st date of display of the hoarding as given in the art work mentioned. The ADVERTISER shall continue to display the hoardings with the Mobitel advertisement during the period mentioned in the Schedule.
- The ADVERTISER shall construct the support structure in accordance with the specifications given . The ADVERTISER shall ensure that the components of the hoarding and the entire panel is properly fabricated or built and fixed to the structure to avoid any likelihood of failure or collapse. All design and stability of hoarding panel shall be certified by a Chartered Engineer giving due consideration to various forces that might act on the structure according to an acceptable code of practice.
- The hoarding shall not obstruct or create any hindrance to a third party.
- In order to prevent any accident, the ADVERTISER shall ensure that the hoarding shall not cause glare visible to the road users at any time of the day or night which will distract attention of the motorists.
- In order to prevent any accident, the ADVERTISER shall ensure that if the hoarding is illuminated, that it shall not distract the attention of the road users.
- Ownership of Material/ structure/ frame/ design - The ADVERTISER warrants that the material/ structure/ frame/ design (collectively referred to as the “material”) of the hoardings and the location/s belong to the ADVERTISER.
- Save and except for the Intellectual Property Rights pertaining to the Content displayed on the hoardings, the ADVERTISER shall be fully and solely responsible for the legitimate Intellectual Property Rights of the hoardings (including but not limited to the material, structure, frame and design of the hoardings)
- The ADVERTISER shall indemnify and hold MOBITEL harmless from and against any claims, damages, liabilities, penalties, costs or any other consequential loss on account of violation of the Clauses contained herein including but not limited to violation Intellectual Property Rights or any other legal right of any third party by the ADVERTISER.
- The ADVERTISER shall be fully responsible for bearing all costs (including legal costs & expenses), fine, penalty, demands or damages arising consequent to the breach of any of the above conditions/ clauses mentioned herein above.
- A photograph of the site should be submitted along with the technical proposal.
Section 3