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RFP
1
BIDDING DOCUMENTS (SHARTNAMA)
ISSUED ON: 24-SEP- 2012
FOR THE
Procurement of
Convergent Billing System
(CBS)
Purchaser: Afghan Telecom Corporation
RFP
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Table of Contents
ITB .................................................................................................... 3
Conditions of Contract ..................................................................... 19
Number of License Required ......................................................... 111
Technical Requirements ................................................................ 112
List Of Acronyms ........................................................................... 226
Bidding Forms ............................................................................... 228
ITB
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Table of Contents
SCOPE & DEFINITION OF PROJECT ................................................................................................................................................................. 4
GENERAL PROCUREMENT INFORMATION ..................................................................................................................................................... 4
CLARIFICATION OF TERMS ............................................................................................................................................................................ 5
CORRUPT OF FRAUDULENT PRACTICES ......................................................................................................................................................... 5
CONFIDENTIALITY ......................................................................................................................................................................................... 6
Qualification OF BIDDERS ............................................................................................................................................................................. 7
SUBCONTRACTORS ....................................................................................................................................................................................... 7
BIDDER’S CONSORTIUMS AND JOINT VENTURES ........................................................................................................................................... 8
COST OF BIDDING ......................................................................................................................................................................................... 9
BIDDING DOCUMENTS ................................................................................................................................................................................. 9
CLARIFICATION OF BIDDING DOCUMENTS .................................................................................................................................................... 9
AMENDMENT OF BIDDING DOCUMENTS..................................................................................................................................................... 10
COMPOSITION OF BID ................................................................................................................................................................................ 10
STATEMENT OF COMPLIANCE TO TECHNICAL SPECIFICATIONS .................................................................................................................... 11
BID PRICE AND BID CURRENCY .................................................................................................................................................................... 11
BID SECURITY ............................................................................................................................................................................................. 12
SUBMISSION OF BIDDS ............................................................................................................................................................................... 13
BID OPENING .............................................................................................................................................................................................. 13
MODIFICATION, SUBSTITUTION, AND WITHDRAWAL OF BID ....................................................................................................................... 13
AUTOMATIC BID REJECTION ....................................................................................................................................................................... 14
BID EVALUATION AND AWARD CRETERIA ................................................................................................................................................... 15
PRELIMINARY EXAMINATION ..................................................................................................................................................................... 15
DETAILED TECHNICAL EVALUATION ............................................................................................................................................................ 16
DETAILED FINANCIAL EVALUATION ............................................................................................................................................................. 16
CLARIFICATION OF BIDS .............................................................................................................................................................................. 17
AFGHAN TELECOM ‘S RIGHT TO ACCEPT OR REJECT ANY ALL BIDS ............................................................................................................... 17
AFGHANTELECOM’S RIGHT TO VARY QUANTITIES ....................................................................................................................................... 17
SIGNING OF CONTRACT .............................................................................................................................................................................. 17
TRAINING REQUIREMENTS ......................................................................................................................................................................... 18
ITB
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General
1. Scope and Definition of Project
1.1. Afghan Telecom Corporation (AFTEL) is a state-owned international telecommunications carrier
that provides fixed and wireless voice, data, and transmission services on a retail, resale, and
wholesale basis using different networks: PSTN, CDMA/PDSN, satellite, WiMAX Internet, and
broadband networks.
1.2. Currently Afghan Telecom uses various OSS/BSS systems for CDR collection, mediation,
billing/invoicing, collections and revenue sharing, and customer care. Aftel plans to replace
such systems in phases and intends to have one common globally field -proven convergent
real-time billing and charging and customer support system to serve all Aftel customers of
existing and upcoming heterogeneous networks and achieve true convergence of provisioning,
customer support, revenue collection, real time call/session/event service control, network
resource management, customer self-care, and other activities related to service delivery,
control, and management.
1.3. Afghan Telecom therefore intends to purchase a complete solution for convergent real-time
billing and charging and interconnection settlement system (CBS) of the latest technology
bundled with technical support and warranty services. In doing so, Aftel desires to obtain
services of an appropriate and reliable partner.
1.4. For this purpose, Afghan Telecom extends this RFP for interested suppliers to provide sealed
bids for Tender No. MCIT-AFTEL-CBS (the Tender) for the supply, delivery, installation,
supervision, commissioning, system integration, testing, training, technical support, and
warranty of and for all related hardware, software, databases, information systems, and
related technologies for a real-time convergent billing and charging and interconnection
settlement system (CBS).
2. General Procurement Information
2.1 Afghan Telecom Corporation has funds from its own operating budget for the cost of a
Convergent Billing, Charging & Interconnect Settlement System (CBS) and serves as the
purchasing agency and customer.
2.2 Bidding will be conducted using the International Competitive Bidding (ICB) procedures
specified in the procurement law of the Islamic Republic of Afghanistan, and is open to all
Bidders eligible as defined in this law that meet the minimum qualification criteria as set
forth in the RFI.
ITB
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2.3 For clarification of issues over email, please keep [email protected] in cc and
[email protected], [email protected] in to fields.
2.4 Interested eligible Bidders may obtain Bidding Documents from:
Afghan Telecom Corporation,
Procurement Department,
Post Parcel Building, 4th Floor
Mohammad Jan Khan Watt
Kabul, Afghanistan
Phone Number: +93 (0) 20 210 4440
Email: [email protected]
Website: http://www.afghantelecom.af
2.5 Interested local Bidders should register with Afghan Telecom Corporation by submitting a
nonrefundable fee of USD $20.00 via check or wire transfer. Only registered Bidders will
receive a complete set of bidding documents in English from Afghan Telecom, will receive
answers to the submitted clarification questions on the bidding documents, and will
receive automatic notice of answers and of addenda to the bidding documents. As
an alternative, a hard copy set of the bidding documents may be purchased by
interested Bidders on submission of a written application to the address above and upon
payment of a nonrefundable fee of USD $20.00. and for those bidders which applies from
outside of Afghanistan and online will receive the RFP free of cost .
2.6 A pre-bid conference that potential Bidders may attend will be held on 7-Nov-2012.
3. Clarification of Terms
3.1 The terms “Afghan Telecom” and “Purchaser” may be used interchangeably throughout the
bidding documents.
3.2 The terms “Supplier” and “Bidder” may be used interchangeably throughout the bidding
documents.
3.3 Throughout the Bidding Documents, the term "in writing" means communicated in written
form (e.g., by mail, email, fax, or scan) with proof of receipt.
3.4 The term "days" means calendar days unless a different meaning is evident from the context.
3.5 The term “Contract,” unless otherwise defined, refers to the ultimate goal of this tender, which
is for Afghan Telecom to purchase a real-time convergent billing and charging and
interconnect settlement system (CBS) from a Bidder in a binding legal arrangement.
4. Corrupt or Fraudulent Practices
4.1 The Government of the Islamic Republic of Afghanistan requires that Afghan Telecom and all
Bidders observe the highest standard of ethics during the procurement and execution of all
Contracts.
4.2 For the purposes of this provision, the terms set forth below as follows:
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4.2.1 “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value
to influence the action of an official in the procurement process or in Contract
execution; and
4.2.2 “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 Afghan
Telecom, and includes collusive practice among Bidders (prior to or after Bid
submission) designed to establish Bid prices at artificial non-competitive levels and to
deprive the Borrower of the benefits of free and open competition;
4.3 Bidders, separately or as part of a Consortium or Joint Venture and to include manufacturers,
shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued
by Government of the Islamic Republic of Afghanistan. Any bidders who are black listed or
are under the process of being black listed shall not be eligible to participate this bidding
process. Afghan Telecom shall reject all bids offered by such Bidders, whether
independently or as part of a Consortium or Joint Venture, and they shall not be considered
for the Bid Evaluation.
4.4. Afghan Telecom will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the Contract.
5. Confidentiality
5.1. Except if otherwise specified, the "Receiving Party" (either Afghan Telecom or the
Supplier) shall keep confidential and shall not, without the written consent of the other
party (“the Disclosing Party”), divulge to any third party any documents, data, or other
information of a confidential nature (“Confidential Information”) connected with this
tender and furnished directly or indirectly by the Disclosing Party prior to, during, or
upon conclusion of this tender.
5.2. Notwithstanding Clause 5.1:
5.2.1. The Supplier may furnish to its subcontractors and support service suppliers Confidential
Information of Afghan Telecom to the extent reasonably required for them to
determine costs and work related to the bid and to furnish such costs to the Supplier.
5.2.2. In which event the Receiving Party shall ensure that the person to whom it furnishes
Confidential Information of the Disclosing Party is aware of and abides by the
Receiving Party’s obligations under this Clause 5 as if that person were party to
the Contract in place of the Receiving Party.
5.3. Afghan Telecom shall not, without the Supplier’s prior written consent, use any Confidential
Information received from the Supplier for any purpose other than evaluation of its
bid.
5.4. The Supplier shall not, without Afghan Telecom’s prior written consent, use any
Confidential Information received from Afghan Telecom for any purpose other than
those that are required to prepare and submit a bid.
5.5. The obligation of a party under this Clauses 5, however, shall not apply to that information
which:
5.5.1. Now or hereafter enters the public domain through no fault of the Receiving Party;
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5.5.2. Can be proven to have been possessed by the Receiving Party at the time of
disclosure and that was not previously obtained, directly or indirectly, from the
Disclosing Party;
5.5.3. Otherwise lawfully becomes available to the Receiving Party from a third party that has
no obligation of confidentiality.
5.6. The provisions of this Clause 5 shall survive the conclusion of the tender process for three
(3) years.
Instructions to Bidders
6. Qualifications of Bidders
6.1. By submission of documentary evidence in its bid, the Bidder must establish to Afghan
Telecom’s satisfaction:
6.1.1. That it has the financial, technical, and production capability necessary to
perform the Contract, meets the qualification criteria specified and has a successful
performance history. If a prequalification process has been undertaken for the
Contract(s) for which these Bidding Documents have been issued, the Bidder shall,
as part of its bid, update any information submitted with its application for
prequalification. (For the purposes of establishing a Bidder’s qualifications, the
experience and / or resources of any Subcontractor will not contribute to the
Bidder’s qualifications; only those of a Joint Venture partner will be considered.)
6.1.2. That, in the case of a Bidder offering to supply key goods components of the real-time
CBS that the Bidder does not itself produce, the Bidder is duly authorized by the
producer to supply those components in Afghanistan under the Contract(s) that may
result from this bidding; (This will be accomplished by including Manufacturer’s
Authorizations letter.
6.2. The Bidder shall not have ownership with competitors of Afghan Telecom in Afghanistan and
must not have a plan to have any ownership until the completion of all the obligations of
the Contract for the CBS.
6.3. Bidder must have implemented same system or major part of offered system in 5 other
companies around the Globe.
7. Subcontractors
7.1. For the purposes of these Bidding Documents, a Subcontractor is any vendor or service
provider with whom the Bidder contracts for the supply or execution of any part of
the CBS to be provided by the Bidder under the Contract (such as the supply of major
hardware, software, or other components of the required CBS specified, or the
performance of related services, e.g., software development, transportation, installation,
customization, integration, commissioning, training, technical support, maintenance,
repair, etc.).
ITB
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7.2. If a Bidder intends to subcontract major items of supply or services, it shall include in
its Bid Submission details of the name and nationality of the proposed Subcontractor(s)
for each of those items and shall be responsible for ensuring that any Subcontractor(s)
proposed complies with the requirements of this ITB, and that any goods or services
components of the CBS to be provided by the Subcontractor(s) comply with the
requirements of the ITB Clause 5
7.3. Bidders are free to list more than one Subcontractor against a good or service. Quoted rates
and prices will be deemed to apply to whichever Subcontractor(s) is appointed and no
adjustment of the rates or prices will be permitted.
7.4. Afghan Telecom reserves the right to delete any proposed Subcontractor from the Bidder’s
list. This shall be done prior to Contract signature, by deleting such unacceptable
Subcontractors from Appendix 3 to the Contract Agreement, which shall list the
approved Subcontractors for each item prior to Contract signature.
7.5. For all Subcontractors, the Bidder must establish to Afghan Telecom’s satisfaction:
7.5.1. That, if a Bidder proposes Subcontractors for key components or services, these
Subcontractors will have agreed in writing to serve for the Bidder under the
Contract(s) that may result from this bidding, which proof shall be submitted as part
of the Bid Submission; and
7.5.2.That, in the case of a Bidder not doing business within Afghanistan, the Bidder is or will be
(if awarded the Contract) represented by an Afghan Agent in that country who is
equipped and able to carry out the Bidder’s maintenance, technical support,
training, and repair obligations prescribed in the General and Special Conditions of
Contract, and/or Technical Requirements.
8. Bidders’ Consortiums and Joint Ventures
8.1. Bids submitted by a Consortium or Joint Venture of two or more individuals, firms, or
companies as partners shall also comply with the following requirements:
8.1.1 The main Bidder shall be either a) a qualified system integrator with specific experience in
the implementation of the real-time Convergent Billing and Charging and
Interconnect Settlement System (CBS) or b) a manufacturer of the CBS.
8.1.2 The bid shall be signed so as to be legally binding on all partners;
8.1.3. One of the partners shall be nominated as being in charge, and this nomination
shall be evidenced by submitting a power of attorney signed by legally
authorized signatories of all the partners;
8.1.4. The partner in charge shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the Consortium or Joint
Venture, and the entire execution of the Contract, including payment, shall be
done exclusively with the partner in charge;
8.1.5. The partner or combination of partners that is responsible for a specific component of
the CBS must meet the relevant minimum qualification criteria for that component;
8.1.6. An entity may submit bids either as a single Bidder on its own, or as partner in one, and
only one, Consortium or Joint Venture. If, as a result of the Bid Opening, this
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requirement is not met, all bids involving the entity as a single Bidder or
Consortium or Joint Venture partner will be disqualified;
8.1.7. All partners of the Consortium or Joint Venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms, and a statement to
this effect shall be included in the authorization, in the bid as well as in the
Contract (in case of a successful bid).
9. Cost of Bidding
9.1. The Bidder shall bear all cost associated with the preparation and submission of its bid, and
Afghan Telecom will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.
10. Bidding Documents
10.1. The goods and services required, bidding procedures, and conditions of contract are
described in the Bidding Documents. In addition to the Invitation to Bid, the Bidding
Documents shall include:
10.1.1. Instructions to Bidders
10.1.2 Conditions of Contract (COC)
10.1.3. Number of Licenses
10.1.4 Technical Specifications
10.1.5. List of Acronyms
10.1.6. Sample Forms
10.1.7.Addendum/Clarifications issued, if any.
10.2. The Bidder is required to examine all instructions, terms and conditions, forms, technical
specifications, schedule of requirements, etc. as included in the Bidding Documents. Failure
to furnish 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.
11. Clarification of Bidding Documents
11.1. A prospective Bidder requiring any clarification of the Invitation to Bid or Bidding
Documents may notify the Afghan Telecom in writing at the email address indicated in
the Bidding Documents. Afghan Telecom will respond to any request for clarification of the
Bidding Documents that is received not later than ten (10) days prior to the deadline
for the submission of bids.
11.2. Copies of Afghan Telecom's written responses (including an explanation of the query but
without identifying the source of the inquiry) will be sent to all registered Bidders.
ITB
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12. Amendment of Bidding Documents
12.1. Afghan Telecom, may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective Bidder, issue clarifications and corrections up to
seven (7) days prior to the deadline for the submission of bids.
12.2. Such clarifications and corrections will be sent in writing to all registered Bidders. Inclusion of
such clarification and corrections will be binding on them.
12.3. In order to provide Bidders reasonable time in which to take the amendment into account in
preparing their bids, Afghan Telecom may at its discretion extend the deadline for
submission of bids.
13. Composition of Bid
13.1 Each bid shall comprise documents and forms duly filled with date and signed by
authorized person as mentioned in the Clause 17, the Bid Submission.
13.2. Submission of the following documents and forms is mandatory for all Bidders, without
which, the bid shall be rejected.
13.2.1. Bid Form (Sample form attached) in accordance with Section: Sample Forms; duly filled
with date and signed by authorized person.
13.2.2. Bid Security furnished in accordance with Clause No. - 16 of Section: Instructions to
Bidders and the Bid Security Form (Sample form attached) Duly filled with date and
signed by authorized person.
13.2.3. Manufacturer's Authorization Letter (as per Sample form attached) if the Bidder is not
a manufacturer of the offered goods/ items and certificates on proof of being
manufacturer of the products offered for the related manufacturers.
13.2.4. The Power of Attorney and Signature Specimen of the authorized person in a separate
sheet shall be submitted along with the Bid.
13.2.5. Statement of Compliance to the Technical Specifications. (Please refer to Clause 14.)
13.2.6. Bidder’s Eligibility, Equipment Field Proven-ness, and Supply Records of the offered
CBS System.
13.3. All documents supporting as evidence for the clauses of eligibility of products shall be
authentic documents (true copies of certificates with the letterhead of the issuing authority
duly signed and dated by the authorized person, stamped with official seal and with
name, designation of the signatory in the letter) regarding Bidder’s/manufacturer’s
experience and field proven-ness of offered CBS System
13.4. All pages containing Conditions of Contract and Statements of Compliance to Technical
Specifications shall be signed by the Bidder and the consortium members (authorized
persons) and stamped with official seal.
13.5. Teaming with back to back agreement document between the Bidder and each of the
technology partners, manufacturer participating in the bid.
ITB
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14.Statement of Compliance to Technical Specifications
14.1. In its offer, the Bidder shall include a Statement of Compliance, clause by clause, to the
Technical Specifications and provide sufficient documentation such that Afghan Telecom
can validate the Bidder’s statements of compliance.
14.2. In the Statement of Compliance, the Bidder shall state:
14.2.1. “Fully Compliant" if systems and functions offered fully meet the tender requirement.
14.2.2. “Partially Compliant” if the systems and functions offered partially meet the
requirement. The Bidder shall state the reason why the offer is partially
compliant. However, if the Bidder is able to fulfill the specified requirement later,
the Bidder shall state the time schedule for compliance. In such cases, the Bidder
shall clearly mention the extent to which other requirements or specifications
are affected.
14.2.3. “Not Compliant” if the systems and functions do not or cannot meet the tender
requirements. The Bidder shall also state reasons for it.
14.2.4. Compliance statements such as “Agreed,” “Noted,” “OK,” “Do,” ”Understood,” etc. or
simple tick marks shall not be acceptable and shall be considered “Not Compliant.”
14.2.5. “OB ” for “Out of Box” if systems and functions offered fully meet the tender
requirement without making any changes to the defaults of the systems or functions.
14.2.6. “MOD” for “Modification required” if systems and functions offered fully meet the
tender requirement by making changes to systems, functions, or software.
14.2.7 ”P” for “provide” and “NP” for “Not provide”.
14.3. Bidders shall mention, along with the Statement of Compliance, the relevant clause number,
page , chapter /section/volume of the offered bid document and/or the brochure and
catalogue, wherever applicable, for the purpose of verification of their commercial and
technical compliance statement.
14.4. Bidders shall indicate for each line item of the Technical Specifications its compliance, as per
Clause 14.2 above, in the space provided on the digital format of the Technical
Specifications. Bidders shall protect the workbook prior to electronic submission and
provide the password to Afghan Telecom.
14.5. In case of absent or unclear Statements of Compliance to any Technical Specification, Afghan
Telecom will interpret that particular requirement as being "Not Compliant."
14.6. If the Bidder has stated “Fully Compliant” against Technical Specifications with comments
resulting in material deviation, such statement shall be considered as “Not Compliant.”
14.7. If the Bidder has stated “Partially Compliant” or “Not Compliant” to some of the Technical
Specifications, the successful Bidder shall make provisions for all such requirements and to
make the bid “Fully Compliant” to all Aftel requirements at the time of contract
negotiation, unless otherwise agreed.
15. Bid Price and Bid Currency
15.1. The Bidder shall quote the unit prices and total bid prices of the goods and services it
proposes to supply under the Contract on the Price Schedule portion of its Bid Submission.
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15.2. Bidder shall quote all bid prices in Afghani or US dollars (USD or $). The prices shall be
inclusive of all duties and taxes such as customs and duties fees, import and export taxes,
etc. that are applicable to the Bidder’s country and the Islamic Republic of Afghanistan.
15.3. If a Supplier has quoted bid prices in US dollars wishes to receive payment in Afghanis (Afs)
currency, the exchange rate applicable to the conversion shall be as of the Bid Opening
Date.
15.4. An Afghan Bidder furnishing the Bid Security on behalf of the Foreign Bidder
shall state the Foreign Bidder’s name as “(Name of Bidder) bidding on behalf of (Name of
Foreign Bidder).” The name and address of principal company must be mentioned in the
bid and the payments shall be made accordingly to the principal company or the foreign
company (not to the Afghan Company).
15.5. Afghan Telecom shall open a L/C in the name of Principle manufacturer and payment shall be
made to the Principle Manufacturer only after deducting Tax deduction at Source
applicable at the time of payment as per Income Tax law of Afghanistan.
15.6. All prices submitted by Bidders shall be final and shall not be subjected to any variation.
15.7. The unit prices of all goods and services, including shipping or transportation, if applicable,
shall be quoted in the Price Schedule. Bidders shall not quote any other text such as
“Included Above,” “Not Applicable,” “Not Available,” “Free of Cost,” etc.
15.8. “Discount” and “Free of Cost” items, if any, offered by the Bidders shall not be
considered.
15.9. Therefore, Bidders desiring to offer discounted or free goods or services shall modify their
offers suitably while quoting and shall quote clearly net price taking all such factors like
discounts and free items into account.
15.10. The quoted unit prices shall remain valid for 5 years from the date of completion of the
Warranty Period and shall be applicable to all subsequent purchases by Afghan Telecom
until such time.
15.11. Unit Prices of the offered goods, services and inland Transportation in all lots, phases and
packages shall be same.
15.12. The terms DDP., shall be governed by the rules prescribed in the current edition of DDP
INCOTERMS published by the International Chamber of Commerce, Paris.
16. Bid Security
16.1 Afghan Telecom requires Bid Security to protect itself against the risk non-performance by the
winning Bidder (the Supplier).
16.2. Pursuant to Section Instructions for Proposals, all Bidders shall furnish as part of their bids Bid
Security in the amount of US$ 200,000.
16.3. The Bid Security may be in the form of a bank guarantee
16.3.1 In the case of a bank guarantee, the Bid Security must be furnished or counter
guaranteed by one of the Afghan Commercial Banks
16.4. Bid Security shall remain valid up to 11-Feb-2013
16.5. Any bid not secured in accordance with Clause 16 shall be rejected.
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16.6. The Bid Security of all the Bidders will be discharged upon signing of the Contract and after
furnishing of the Performance Security by the successful Bidder.
17. Submission of Bids
17.1 1. Enclose documents mentioned in Sub clause 10.1.6 in as separate envelope .clearly
mention “for bid opening” on envelope.
2. Enclose documents mentioned in Sub clause 10.1.1, 10.1.2, 10.1.4 in separate envelope.
Clearly mention “Technical specification and qualification“on envelope.
3. Financial proposal should be sealed in a separate envelope, clearly mentioned “Financial
proposal” on the envelope.
Three copies of above mentioned documents, 1 original and two copies of original in
separate envelops.
17.2. All Bid Submissions are due to Afghan Telecom on the day of bid opening 21-Nov-2012, 10:00
Am local time.
17.3. However, if the submission date is declared to be an Afghan public holiday, the
submission date will be postponed to the next working day at the said time.
17.4. Afghan Telecom may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Documents and notifying all registered Bidders at any time prior to
the date of the opening of the bids (21-Nov-2012).
17.5. Bid Submissions should submitted be in hard copy (printed format), digital copy (electronic
format) can be optional. However, the Statement of Compliance to the Technical
Specifications MUST be submitted electronically.
17.6. All paper Bid Submissions shall be sent via a service with delivery confirmation to Finance
department, Afghan Telecom, whose address is mentioned in Clause 2, ITB.
17.7. All electronic Bid Submissions shall be encrypted or protected and shall be delivered via FTP
as per instructions by Afghan Telecom.
17.8. All Bid Submissions become the express and sole property of Afghan Telecom.
17.9. All bidders can collect bidding documents a day before Pre- Bid-Meeting date which is 20-
Nov-2012.
18. Bid Opening
18.1. Bids will be opened in the presence of Bidders’ representatives who choose to attend the Bid
Opening ceremony at place AFTEL Conference Room, Date, 21-Nov-2012 and time 10:00
AM.
19. Modification, Substitution, and Withdrawal of Bids
19.1. The Bidder may modify or withdraw its Bid Submission after submission provided the Bidder
provides written notice of the modification, substitution, or withdrawal to Afghan Telecom
prior to the deadline for submission of bids as mentioned in ITB.
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19.2. The Bidder’s modification, substitution, or withdrawal notice shall be prepared, sealed,
and marked and dispatched, with the outer and inner envelopes duly marked as
“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION” as appropriate.
19.3. No Bid Submission may be withdrawn, substituted, or modified after the deadline for
submission of bids.
19.4. If a Bidder submits a bid on behalf of a merged company, it shall submit a legally-certified
document indicating such along with its Bid Submission. The eligibility of separate
companies in such cases will be combined for the purpose of verifying the eligibility criteria.
Bids submitted on behalf of amalgamated/acquired companies having independent legal
status shall be treated separately.
19.5 In case of global companies, the Bid Submission must be fully supported by the headquarters
(HQ).
20. Automatic Bid Rejection
20.1. Absence of any of the following documents will result in Afghan Telecom’s automatic
rejection of the Bid:
201.1. Clause-by-clause Statements of Compliance to the Technical Specifications, with all
pages of such signed by an authorized person of the Bidder.
20.1.2. All pages containing Conditions of Contract and Technical Compliance Statement shall
be signed and stamped with official seal by the Bidder (authorized person).
20.1.3 A detailed technical description and performance characteristics of the CBS.
20.1.4. Screenshots of the offered CBS system.
20.1.5. Bidders Eligibility, Field Proven-ness, and Supply Records of the offered equipment.
20.1.6. All documents supporting as evidence for the clauses of eligibility of products shall be
Authentic Documents (true copy of certificates with the letter head of the issuing
authority duly signed with date by the authorized person, stamped with official
seal and with name, designation of the signatory in the letter) regarding
Bidder’s/Manufacturer’s experience and field proven-ness of CB & ISS System as
mentioned in the Instructions to Bidders.
20.1.7 Quality Assurance Certificate or ISO 9000 Series Certificates relating to the
manufacturing of hardware (server, storage, and networking equipment).
20.1.8. Equipment Dimensioning Rule and calculations as per requirements specified in
Technical Specification and Annexes.
20.2. Bidders shall submit original documents, without which the bid shall be rejected.
20.2.1. Bid Form duly signed with date by the authorized person and stamped with official seal
as per Sample Form attached “Bid Form”
20.2.2. Bid Security furnished in accordance with ITB
20.2.3. Price schedule duly filled and signed with date by the authorized person and stamped
with official seal
20.2.4. Manufacturer's Authorization Letter as specified in ITB
ITB
15
20.2.5. The Power of attorney and signature specimen of the authorized person (including
designation and other information) in a separate sheet shall be submitted along with
the Bid.
21. In order to simplify the process of Bid Opening and also to economize the time consumed during the
Bid Opening, the Bidders are required to submit the above documents mentioned in Clauses in a
separate sealed envelope marked as “DOCUMENT FOR BID OPENING". Otherwise, the Bidder shall
be fully responsible for the probable consequences that may result therein after.
22. Bid Evaluation and Award Criteria
22.1In case a Bidder offers one or more alternate or optional offer(s) in addition to the main offer,
Afghan Telecom will consider only the main offer for evaluation purpose, and,
under no circumstances, will evaluation be influenced by anything mentioned in the
alternate or optional offer(s).
22.2. However, based on cost-benefit and/ or technical analysis, Afghan Telecom, if deemed
necessary, may consider alternate or optional offer(s) during Contract negotiation
with the successful Bidder.
23. Preliminary Examination
23.1. Afghan Telecom will examine the bids to verify whether the bid is valid and complete,
whether the bid is accompanied by the required Bid Security, whether required sureties
have been furnished, whether the documents have been properly signed, and whether the
bids are generally in order.
23.2. Afghan Telecom may waive any minor informality, nonconformity, or irregularity in a bid,
which does not constitute a major material and quality deviation and without which
the purpose of bidding will be fulfilled, provided such waiver does not prejudice or affect
the relative ranking of any Bidder. However, bids with any deviations to the critical clauses
shall be considered as major deviations and Afghan Telecom shall reject all such bids with
such major deviations.
23.3. Prior to the detailed evaluation, Afghan Telecom will determine the substantial
responsiveness of each bid to certain critical provisions stipulated in the Afghan Telecom
tender document. For the purpose of this clause, a substantially responsive bid is the one
that conforms to all the terms and conditions of the Bidding Documents without major
material deviations. Deviations from, or objections or reservations to critical provisions,
such as those concerning Bid Security, Payment Terms, Applicable Law and Taxes and
Duties and the important Technical Specifications will be deemed to be major deviations.
23.4. Afghan Telecom’s determination of a bid’s responsiveness will be based on the contents of
the bid itself without recourse to any extrinsic evidence.
23.5. If a Bid Submission has major deviations from the terms and conditions of the Bidding
Documents, it will be rejected by Afghan Telecom and will not substantially be made
responsive by the Bidder by correction of the nonconformity.
ITB
16
24. Detailed Technical Evaluation
24.1. For those Bid Submissions found to be responsive after Preliminary Examination, Afghan
Telecom shall conduct a detailed Technical Evaluation. The Detailed Technical Evaluation
shall be based on each Bidder’s Statements of Compliance to and associated comments on
the Technical Specifications
24.2. If a Bid Submission has major deviations from the terms and conditions of the Bidding
Documents, it will be rejected by Afghan Telecom and will not substantially be made
responsive by the Bidder by correction of the nonconformity.
24.3. Further, if there are many minor deviations to the bid, and if one or more of such items
constitute major material deviation or affect the required purpose of a module or sub-
module, Afghan Telecom will reject such Bid Submissions, which will not substantially be
made responsive by the Bidder’s correction of the nonconformity.
25. Detail Financial Evaluation
25.1 All Bid Submissions deemed by Afghan Telecom to be substantially responsive after the
Detailed Technical Evaluation shall undergo a Detailed Financial Evaluation. Once the bids
are considered substantially responsive after detailed Technical all those responsive
bids shall be judged from Financial Evaluation only and no weight-age shall be given to
other technical details or parameters or additional features and facilities of the offered
products.
25.2. The following factors shall be taken into consideration during the Detailed Financial
Consideration and will be rectified as indicated.
25.3. Arithmetic Errors
25.3.1. If there is a discrepancy between the unit price and the total price, which is
obtained by multiplying the unit price and quantity, the unit price shall prevail, and
the total price will be corrected.
25.3.2. If there is a discrepancy between words and figures, the amount in words will prevail.
25.4. Offered Quantity
25.4.1. If the offered quantity is not sufficient to meet Afghan Telecom’s requirement, the
required quantity will be loaded to fulfill the requirement and the total price will
be adjusted accordingly using the Bidder’s offered unit price.
25.4.2. If some required items are missing in the offer, then the highest price for such missing
item(s) among the qualified Bidder will be considered for evaluation purpose
and loaded to bring all Bidders in equal footing.
25.4.3. However, if the Bidder who misses/short supplies the required items happens to be the
successful Bidder, the missed/short supplied items shall be provided free of cost to
Afghan Telecom.
25.4.4. 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.
ITB
17
25.5. Delivery Period
25.5.1. If the offered delivery period is more than the period specified Section: Conditions of
Contract, the price adjustment will be made by loading the bid price by one half
(0.5%) percent of the total quoted price per week for the delayed period up to four
(4) weeks. Bids with deviation in delivery period by more than four (4) weeks will be
rejected.
25.6. Unit Price
25.6.1. Unit Prices of the offered goods, services and inland transportation in all lots, phases,
and packages shall be the same. In case of discrepancies in the Unit Prices, the
highest Unit Price among them all shall be considered for all lots, phases, and
packages for evaluation purposes. However, the lowest Unit Price among all lots,
phases, and packages shall be considered for the calculation and preparation of final
Contract Price if the Bidder happens to be the successful Bidder.
25.6.2. If the Unit Price is not quoted, the evaluation will be done by loading the highest price
among the responsive Bidders and the lowest Unit Price among the responsive
Bidders shall be considered for the calculation and preparation of Final Contract Price
if the Bidder happens to be a Successful Bidder.
26. Clarification of Bids
26.1 To assist in the examination, evaluation, and comparison of Bids, Afghan Telecom may ask the
Bidder for a clarification, additional information, and/ or proof of authenticity of its Bid
Submission. The request for clarification and the response to it shall be in writing, and no
change in the prices and substance of the Bid shall be sought, offered, or permitted.
26.2. If the Bidder fails to submit the requested clarification, additional information, or
proof of authenticity of its Bid Submission within a stipulated time, the clause for which the
request is sought will be considered to be “Not Compliant.”
27. Afghan Telecom's Right to Accept or Reject Any or All Bids
27.1. Afghan Telecom reserves the right to accept or reject partially or fully any Bid Submission or
award one or more than one Bidders not exceeding the price of the successful Bidder, and
to annul the bidding process and reject all bids, at any time prior to the Contract award,
without thereby incurring any liability to the affected Bidder or Bidders or any obligation to
inform the affected Bidder or Bidders of the grounds for Afghan Telecom's action.
28. Afghan Telecom's Right to Vary Quantities
28.1. Afghan Telecom reserves the right at the time of the award of the Contract to increase or
decrease by up to twenty percent (25%) of the quantity of goods and services
specified in the Schedule of Requirement without any change in unit price or other terms
and conditions.
ITB
18
29. Signing of Contract
29.1 After the receipt of the Letter of Acceptance (LOA) from Afghan Telecom, the successful
Bidder shall send its authorized representatives within fifteen (15) days for Contract
negotiation and Contract signing. 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 same currency as that of the Contract or equivalent in US
dollars ($).
29.2. Non-submission of Performance Security at the time of signing the Contract may lead
to the cancellation of the Contract.
Training Requirement: Training should be divided into three parts.
1) Training of 10 employees’ right after signing the Contract and before implementation of
the project. Training materials should be designed in a way that these people can monitor
the implementation phase.
2) Train the trainers: A group of 8 employees from Marketing, technical, IT and Finance will
be trained as Master trainers to further train others on using the software package.
3) Training administrators so that they can make any changes that are possible inside the
software package for the purchaser.
4) Training of employees to carry out their job responsibilities from all related departments.
Bidder shall submit detailed costs, syllabus and duration of the training courses
considering the five working days per week and office hours of 09:00 hours to 16:00
hours of Employer.
The instructors shall be fluent in English and have better communication skills.
The Bidder shall provide documents detailing instructor’s qualifications and experience
for approval by Employer.
The Bidder shall provide appropriate training material including Notes and diagrams
appropriate to the training program and training Setup not later than two weeks
before the start of the course.
The Contract shall not be considered complete for the purpose of acceptance until
such training requirements as called for have been provided.
More detailed information regarding training is mentioned in Technical part.
Conditions Of Contract
19
Conditions OF Contract
1. Definitions ................................................................................. 23
2. Interpretation ............................................................................ 30
3.Notices ........................................................................................ 33
4. Governing Law ........................................................................... 34
5. Settlement of Disputes .............................................................. 34
6. Scope of the System .................................................................. 38
7. Time for Commencement and Operational Acceptance .............. 38
8. Supplier’s Responsibilities ......................................................... 40
9. Purchaser’s Responsibilities ....................................................... 40
10. Contract Price ........................................................................... 43
11. Terms of Payment ..................................................................... 43
12. Securities .................................................................................. 44
13. Taxes and Duties ....................................................................... 45
14. Copyright .................................................................................. 45
15. Software License Agreements ................................................... 46
16. Confidential Information ........................................................... 47
17. Representatives ...................................................................... 50
18. Project Plan ............................................................................... 53
19. Design and Engineering ............................................................. 53
20. Product Upgrades ..................................................................... 56
21. Inspections and Tests ................................................................ 57
22. Installation of the System .......................................................... 59
23. Commissioning and Operational Acceptance ............................. 59
Conditions Of Contract
20
24. Operational Acceptance Time Guarantee .................................. 63
25. Defect Liability .......................................................................... 65
26. Functional Guarantees .............................................................. 67
27. Intellectual Property Rights Warranty ....................................... 69
28. Limitation of Liability ................................................................ 69
29. Transfer of Ownership ............................................................... 70
30. Care of the System .................................................................... 70
31. Loss of or Damage to Property; Accident or Injury to Workers;
Indemnification .............................................................................. 71
32. Force Majeure ........................................................................... 74
33. Changes to the System .............................................................. 75
34. Extension of Time for Achieving ................................................ 80
35. Termination .............................................................................. 81
36. Assignment ............................................................................... 89
Special Conditions of Contract ....................................................... 92
1. Definitions (GCC Clause 1) ....................................................... 92
2. Interpretation (GCC Clause2) ................................................... 94
3. Notices (GCC Clause 3) ............................................................ 94
4. Governing Law (GCC Clause 4) ................................................. 94
5. Settlement of Disputes (GCC Clause 5) ..................................... 94
6. Scope of the System (GCC Clause 6) ......................................... 96
7. Time for Commencement and Operational Acceptance (GCC
Clause 7) ......................................................................................... 96
8. Supplier’s Responsibilities (GCC Clause 8) ................................ 96
9. Purchaser’s Responsibilities (GCC Clause 9) ............................. 97
Conditions Of Contract
21
10. Contract Price (GCC Clause 10) ................................................ 97
11. Terms of Payment (GCC Clause 11) .......................................... 98
12. Securities (GCC Clause 12) ..................................................... 100
13. Taxes and Duties (GCC Clause 13) .......................................... 100
14. Copyright (GCC Clause 14) ..................................................... 100
15. Software License Agreements (GCC Clause 15) ...................... 101
16. Confidential Information (GCC Clause 16) .............................. 101
17. Representatives (GCC Clause 17) ........................................... 102
18. Project Plan (GCC Clause 18) ................................................. 103
19. Design and Engineering (GCC Clause 19) ................................ 105
20. Product Upgrades (GCC Clause 20) ........................................ 106
21. Inspections and Tests (GCC Clause 21) ................................... 106
22. Installation of the System (GCC Clause 22) ............................. 106
23. Commissioning and Operational Acceptance (GCC Clause 23) 106
24. Operational Acceptance Time Guarantee (GCC Clause 24) ..... 107
25. Defect Liability (GCC Clause 25) ............................................. 107
26. Functional Guarantees (GCC Clause 26) ................................. 108
27. Intellectual Property Rights Warranty (GCC Clause 27) .......... 108
28.Limitation of Liability (GCC Clause 28) ...................................... 109
29. Transfer of Ownership (GCC Clause 29).................................. 109
30. Care of the System (GCC Clause 30) ....................................... 109
31. Loss of or Damage to Property; Accident or Injury to Workers;
Indemnification (GCC Clause 31) ................................................... 109
32. Force Majeure (GCC Clause 32) .............................................. 109
Conditions Of Contract
22
33. Changes to the System (GCC Clause 33) ................................. 110
34. Extension of Time for Achieving Operational Acceptance (GCC
Clause 34) ..................................................................................... 110
35. Termination (GCC Clause 35) ................................................. 110
36. Assignment (GCC Clause 36) .................................................. 110
Conditions Of Contract
23
General Conditions of contract
A. CONTRACT AND INTERPRETATION
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as
indicated below.
(A) Contract elements
(i) “Contract” means the Contract Agreement
entered into between the Purchaser and the
Supplier, together with the Contract Documents
referred to therein. The Contract Agreement
and the Contract Documents shall constitute
the Contract, and the term “the Contract” shall
in all such documents be construed accordingly.
(ii) “Contract Documents” means the documents
specified in Article 1.1 (Contract Documents) of
the Contract Agreement (including any
amendments to these Documents).
(iii) “Contract Agreement” means the agreement
entered into between the Purchaser and the
Supplier using the form of Contract Agreement
contained in the Sample Forms Section of the
Bidding Documents and any modifications to
this form agreed to by the Purchaser and the
Supplier. The date of the Contract Agreement
shall be recorded in the signed form.
(iv) “GCC” means the General Conditions of
Contract.
(v) “SCC” means the Special Conditions of Contract.
(vi) “Technical Requirements” means the Technical
Requirements Section of the Bidding
Documents.
(vii) “Procurement Guidelines” refers to the edition
Conditions Of Contract
24
specified in the SCC of the Islamic Republic of
Afghanistan Procurement Law.
(viii) “Bidding Documents” refers to the collection of
documents issued by the Purchaser to instruct
and inform potential suppliers of the processes
for bidding, selection of the winning bid, and
Contract formation, as well as the contractual
conditions governing the relationship between
the Purchaser and the Supplier. The General
and Special Conditions of Contract, the
Technical Requirements, and all other
documents included in the Bidding Documents
reflect the Procurement Guidelines that the
Purchaser is obligated to follow during
procurement and administration of this
Contract.
(B) Entities
(i) “Purchaser” means the entity purchasing the
Information System, as specified in the SCC.
(ii) “Project Manager” means the person named as
such in the SCC or otherwise appointed by the
Purchaser in the manner provided in GCC
Clause 17.1 (Project Manager) to perform the
duties delegated by the Purchaser.
(iii) “Supplier” means the firm or Joint Venture
whose bid to perform the Contract has been
accepted by the Purchaser and is named as such
in the Contract Agreement.
(iv) “Supplier’s Representative” means any person
nominated by the Supplier and named as such
in the Contract Agreement or otherwise
approved by the Purchaser in the manner
provided in GCC Clause 17.2 (Supplier’s
Representative) to perform the duties
delegated by the Supplier.
(v) “Subcontractor” means any firm to whom any
of the obligations of the Supplier, including
preparation of any design or supply of any
Information Technologies or other Goods or
Conditions Of Contract
25
Services, is subcontracted directly or indirectly
by the Supplier.
(vi) “Adjudicator” means the person named in
Appendix 2 of the Contract Agreement,
appointed by agreement between the
Purchaser and the Supplier to make a decision
on or to settle any dispute between the
Purchaser and the Supplier referred to him or
her by the parties, pursuant to GCC Clause 5.1
(Adjudication).
(C) Scope
(i) “Information System,” also called “the System,”
means all the Information Technologies,
Materials, and other Goods to be supplied,
installed, integrated, and made operational
(exclusive of the Supplier’s Equipment),
together with the Services to be carried out by
the Supplier under the Contract.
(ii) “Subsystem” means any subset of the System
identified as such in the Contract that may be
supplied, installed, tested, and commissioned
individually before Commissioning of the entire
System.
(iii) “Information Technologies” means all
information processing and communications-
related hardware, Software, supplies, and
consumable items that the Supplier is required
to supply and install under the Contract.
(iv) “Goods” means all equipment, machinery,
furnishings, Materials, and other tangible items
that the Supplier is required to supply or
supply and install under the Contract,
including, without limitation, the Information
Technologies and Materials, but excluding the
Supplier’s Equipment.
(v) “Services” means all technical, logistical,
management, and any other Services to be
provided by the Supplier under the Contract to
Conditions Of Contract
26
supply, install, customize, integrate, and make
operational the System. Such Services may
include, but are not restricted to, activity
management and quality assurance, design,
development, customization, documentation,
transportation, insurance, inspection,
expediting, site preparation, installation,
integration, training, data migration, Pre-
commissioning, Commissioning, maintenance,
and technical support.
(vi) “The Project Plan” means the document to be
developed by the Supplier and approved by the
Purchaser, pursuant to GCC Clause 18, based
on the requirements of the Contract and the
Preliminary Project Plan included in the
Supplier’s bid. The “Agreed and Finalized
Project Plan” is the version of the Project Plan
approved by the Purchaser, in accordance with
GCC Clause 18.2. Should the Project Plan
conflict with the Contract in any way, the
relevant provisions of the Contract, including
any amendments, shall prevail.
(vii) “Software” means that part of the System
which are instructions that cause information
processing Subsystems to perform in a specific
manner or execute specific operations.
(viii) “Intellectual Property Rights” means any and
all copyright, moral rights, trademark, patent,
and other intellectual and proprietary rights,
title and interests worldwide, whether vested,
contingent, or future, including without
limitation all economic rights and all exclusive
rights to reproduce, fix, adapt, modify,
translate, create derivative works from, extract
or re-utilize data from, manufacture, introduce
into circulation, publish, distribute, sell,
license, sublicense, transfer, rent, lease,
transmit or provide access electronically,
broadcast, display, enter into computer
memory, or otherwise use any portion or copy,
in whole or in part, in any form, directly or
indirectly, or to authorize or assign others to
Conditions Of Contract
27
do so.
Conditions Of Contract
28
(ix) “Supplier’s Equipment” means all equipment,
tools, apparatus, or things of every kind
required in or for installation, completion and
maintenance of the System that are to be
provided by the Supplier, but excluding the
Information Technologies, or other items
forming part of the System.
(d) activities
(i) “Delivery” means the transfer of the Goods from
the Supplier to the Purchaser in accordance with
the current edition Incoterms specified in the
Contract.
(ii) “Installation” means that the System or a
Subsystem as specified in the Contract is ready
for Commissioning as provided in GCC Clause 22
(Installation).
(iii) “Pre-commissioning” means the testing, checking,
and any other required activity that may be
specified in the Technical Requirements that are
to be carried out by the Supplier in preparation
for Commissioning of the System as provided in
GCC Clause 22 (Installation).
(iv) “Commissioning” means operation of the
System or any Subsystem by the Supplier
following Installation, which operation is to be
carried out by the Supplier as provided in GCC
Clause 23.1 (Commissioning), for the purpose of
carrying out Operational Acceptance Test(s).
(v) “Operational Acceptance Tests” means the tests
specified in the Technical Requirements and
Agreed and Finalized Project Plan to be carried
out to ascertain whether the System, or a
specified Subsystem, is able to attain the
functional and performance requirements
specified in the Technical Requirements and
Conditions Of Contract
29
Agreed and Finalized Project Plan, in
accordance with the provisions of GCC Clause
23.2 (Operational Acceptance Test).
(vi) “Operational Acceptance” means the
acceptance by the Purchaser of the System (or
any Subsystem(s) where the Contract provides
for acceptance of the System in parts), in
accordance with GCC Clause 27.3 (Operational
Acceptance).
(E) Place and time
(i) “Purchaser’s Country” is the country named in
the SCC.
(ii) “Supplier’s Country” is the country in which the
Supplier is legally organized, as named in the
Contract Agreement.
(iii) “Project Site(s)” means the place(s) specified in
the SCC for the supply and installation of the
System.
(iv) “Eligible Country” means the countries and
territories eligible for participation in
procurements financed by the Afghan
Government.
(vi) “Defect Liability Period” (also referred to as the
“Warranty Period”) means the period of validity
of the warranties given by the Supplier
commencing at date of the Operational
Acceptance Certificate of the System or
Subsystem(s), during which the Supplier is
responsible f o r d e f e c t s with respect to the
System (or the relevant Subsystem[s]) as
provided in GCC Clause 29 (Defect Liability).
(vii) “The Coverage Period” means the Days of the
Week and the hours of those Days during which
maintenance, operational, and/or technical
support services (if any) must be available.
Conditions Of Contract
30
2. Interpretation
2.1 Governing Language
2.1.1 All Contract Documents and related correspondence
exchanged between Purchaser and Supplier shall be
written in the language specified in the SCC, and the
Contract shall be construed and interpreted in
accordance with that language.
2.1.2 If any of the Contract Documents or related
correspondence are prepared in a language other
than the governing language under GCC Clause 2.1.1
above, the translation of such documents into the
governing language shall prevail in matters of
interpretation. The originating party, with respect to
such documents shall bear the costs and risks of such
translation.
2.2 Singular and Plural
The singular shall include the plural and the plural the
singular, except where the context otherwise requires.
2.3 Headings
The headings and marginal notes in the GCC are included
for ease of reference and shall neither constitute a part of
the Contract nor affect its interpretation.
2.4 Persons
Words importing persons or parties shall include firms,
corporations, and government entities.
2.5 Incoterms
Unless inconsistent with any provision of the Contract, the
meaning of any trade term and the rights and obligations
of parties there under shall be as prescribed by the current
Incoterms (“Incoterms 2000” or a more recent version if
and as published). Incoterms are the international rules
for interpreting trade terms published by the International
Chamber of Commerce, 38 Cours Albert 1er, 75008 Paris,
France.
2.6 Entire Agreement
Conditions Of Contract
31
The Contract constitutes the entire agreement between
the Purchaser and Supplier with respect to the subject
matter of Contract and supersedes all communications,
negotiations, and agreements (whether written or oral) of
parties with respect to the subject matter of the Contract
made prior to the date of Contract.
2.7 Amendment
No amendment or other variation of the Contract shall be
effective unless it is in writing, is dated, expressly refers to
the Contract, and is signed by a duly authorized
representative of each party to the Contract.
2.8 Independent Supplier
The Supplier shall be an independent contractor
performing the Contract. The Contract does not create any
agency, partnership, joint venture, or other joint
relationship between the parties to the Contract.
Subject to the provisions of the Contract, the Supplier shall
be solely responsible for the manner in which the Contract
is performed. All employees, representatives, or
Subcontractors engaged by the Supplier in connection with
the performance of the Contract shall be under the
complete control of the Supplier and shall not be deemed
to be employees of the Purchaser, and nothing contained
in the Contract or in any subcontract awarded by the
Supplier shall be construed to create any contractual
relationship between any such employees,
representatives, or Subcontractors and the Purchaser.
Conditions Of Contract
32
2.9 Joint Venture
If the Supplier is a Joint Venture of two or more firms, all
such firms shall be jointly and severally bound to the
Purchaser for the fulfillment of the provisions of the
Contract and shall designate one of such firms to act as a
leader with authority to bind the Joint Venture. The
composition or constitution of the Joint Venture shall not
be altered without the prior consent of the Purchaser.
2.10 No waiver
2.10.1 Subject to GCC Clause 2.10.2 below, no relaxation,
forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the
Contract or the granting of time by either party to
the other shall prejudice, affect, or restrict the
rights of that party under the Contract, nor shall
any waiver by either party of any breach of
Contract operate as waiver of any subsequent or
continuing breach of Contract.
2.10.2 Any waiver of a party’s rights, powers, or remedies
under the Contract must be in writing, must be
dated and signed by an authorized representative
of the party granting such waiver, and must specify
the right and the extent to which it is being waived.
2.11 Severability
If any provision or condition of the Contract is prohibited
or rendered invalid or unenforceable, such prohibition,
invalidity, or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the
Contract.
2.12 Country of Origin
“Origin” means the place where the Information
Technologies, Materials, and other Goods for the System
were produced or from which the Services are supplied.
Goods are produced when, through manufacturing,
processing, Software development, or substantial and
major assembly or integration of components, a
commercially recognized product results that is
substantially different in basic characteristics or in purpose
or utility from its components. The Origin of Goods and
Conditions Of Contract
33
Services is distinct from the nationality of the Supplier and
may be different.
3.Notices
3.1.1 Any notice sent by cable, telegraph, telex, facsimile, electronic mail, or EDI shall be confirmed within two (2) days after dispatch by notice sent by airmail post
or special courier, except as otherwise specified in
the Contract.
3.1.2 Any notice sent by airmail post or special courier shall
be deemed (in the absence of evidence of earlier
receipt) to have been delivered ten (10) days after
dispatch. In proving the fact of dispatch, it shall be
sufficient to show that the envelope containing such
notice was properly addressed, stamped, and
conveyed to the postal authorities or courier service
for transmission by airmail or special courier.
3.1.3 Any notice delivered personally or sent by cable,
telegraph, telex, facsimile, electronic mail, or EDI
shall be deemed to have been delivered on the date
of its dispatch.
3.1.4 Either party may change its postal, cable, telex,
facsimile, electronic mail, or EDI addresses for receipt
of such notices by ten (10) days’ notice to the other
party in writing.
3.2 Notices shall be deemed to include any approvals,
consents, instructions, orders, certificates, information and
other communication to be given under the Contract.
3.3 Pursuant to GCC Clause 17, notices from/to the Purchaser
are normally given by, or addressed to, the Project
Manager, while notices from/to the Supplier are normally
given by, or addressed to, the Supplier's Representative, or
Conditions Of Contract
34
in its absence its deputy if any. If there is no appointed
Project Manager or Supplier's Representative (or deputy),
or if their related authority is limited by the SCC for GCC
Clauses 17.1 or 17.2.2, or for any other reason, the
Purchaser or Supplier may give and receive notices at their
fallback addresses. The address of the Project Manager
and the fallback address of the Purchaser are as specified
in the SCC or as subsequently established/amended. The
address of the Supplier's Representative and the fallback
address of the Supplier are as specified in Appendix 1 of
the Contract Agreement or as subsequently
established/amended.
4. Governing Law
4.1 The Contract shall be governed by and interpreted in
accordance with the laws of the country specified in the
SCC.
5. Settlement of Disputes
5.1 Adjudication
5.1.1 If any dispute of any kind whatsoever shall arise between the
Purchaser and the Supplier in connection with or arising
out of the Contract, including without prejudice to the generality of the
foregoing, any question regarding its existence, validity, or termination,
or the operation of the System (whetherduring the
progress of implementation or after its achieving Operational Acceptance
and whether before or after the termination, abandonment,
or breach of the Contract), the parties shall seek to resolve
any such dispute by mutual consultation. If the parties fail to resolve such a
dispute by mutual consultation within fourteen (14) days after one party has
notified the other in writing of the dispute, then, if the Contract Agreement
includes and names an Adjudicator, the dispute shall,
within another fourteen (14) days, be referred in writing by either party to
the Adjudicator, with a copy to the other party. If there is no Adjudicator
Conditions Of Contract
35
specified in the Contract Agreement, the mutual consultation period stated
above shall last twenty-eight (28) days (instead of fourteen), upon
expiry of which either party may move to the notification of arbitration
Conditions Of Contract
36
pursuant to GCC Clause 5.2.1.
5.1.2 The Adjudicator shall give his or her decision in
writing to both parties within twenty-eight (28) days
of the dispute being referred to the Adjudicator. If
the Adjudicator has done so, and no notice of
intention to commence arbitration has been given by
either the Purchaser or the Supplier within forty
(40) days of such reference, the decision shall
become final and binding upon the Purchaser and the
Supplier. Any decision that has become final and
binding shall be implemented by the parties
forthwith.
5.1.3 The Adjudicator shall be paid an hourly fee at the rate
specified in the Contract Agreement plus reasonable
expenditures incurred in the execution of duties as
Adjudicator, and these costs shall be divided equally
between the Purchaser and the Supplier.
5.1.4 Should the Adjudicator resign or die, or should the
Purchaser and the Supplier agree that the
Adjudicator is not fulfilling his or her functions in
accordance with the provisions of the Contract, a
new Adjudicator shall be jointly appointed by the
Purchaser and the Supplier. Failing agreement
between the two within twenty-eight (28) days, the
new Adjudicator shall be appointed at the request of
either party by the Appointing Authority specified in
the SCC, or, if no Appointing Authority is specified in
SCC, the Contract shall, from this point onward and
until the parties may otherwise agree on an
Adjudicator or an Appointing Authority, be
implemented as if there is no Adjudicator.
5.2 Arbitration
5.2.1 If
(a) the Purchaser or the Supplier is dissatisfied with
the Adjudicator’s decision and acts before this
decision has become final and binding pursuant
to GCC Clause 6.1.2, or
(b) the Adjudicator fails to give a decision within the
allotted time from referral of the dispute
Conditions Of Contract
37
pursuant to GCC Clause 5.1.2, and the Purchaser
or the Supplier acts within the following
fourteen (14) days, or
(c) in the absence of an Adjudicator from the
Contract Agreement, the mutual consultation
pursuant to GCC Clause 5.1.1 expires without
resolution of the dispute and the Purchaser or
the Supplier acts within the following fourteen
(14) days,
then either the Purchaser or the Supplier may act to
give notice to the other party, with a copy for
information to the Adjudicator in case an Adjudicator
had been involved, of its intention to commence
arbitration, as provided below, as to the matter in
dispute, and no arbitration in respect of this matter
may be commenced unless such notice is given.
5.2.2 Any dispute in respect of which a notice of intention
to commence arbitration has been given, in
accordance with GCC Clause 5.2.1, shall be finally
settled by arbitration. Arbitration may be
commenced prior to or after Installation of the
Information System.
5.2.3 Arbitration proceedings shall be conducted in
accordance with the rules of procedure specified in
the SCC.
5.3 Notwithstanding any reference to the Adjudicator or
arbitration in this clause,
(a) the parties shall continue to perform their respective
obligations under the Contract unless they otherwise
agree;
(b) the Purchaser shall pay the Supplier any monies due
the Supplier.
Conditions Of Contract
38
B. SUBJECT MATTER OF CONTRACT
6. Scope of the System
6.1 Unless otherwise expressly limited in the SCC or Technical
Requirements, the Supplier’s obligations cover the provision
of all Information Technologies, Materials and other Goods
as well as the performance of all Services required for the
design, development, and implementation (including
procurement, quality assurance, assembly, associated site
preparation, Delivery, Pre-commissioning, Installation,
Testing, and Commissioning) of the System, in accordance
with the plans, procedures, specifications, drawings, codes,
and any other documents specified in the Contract and the
Agreed and Finalized Project Plan.
6.2 The Supplier shall, unless specifically excluded in the
Contract, perform all such work and / or supply all such
items and Materials not specifically mentioned in the
Contract but that can be reasonably inferred from the
Contract as being required for attaining Operational
Acceptance of the System as if such work and / or items and
Materials were expressly mentioned in the Contract.
6.3 The Supplier’s obligations (if any) to provide Goods and
Services as implied by the Recurrent Cost tables of the
Supplier’s bid, such as consumables, spare parts, and
technical services (e.g., maintenance, technical assistance,
and operational support), are as specified in the SCC,
including the relevant terms, characteristics, and timings.
7. Time for Commencement and Operational Acceptance
7.1 The Supplier shall commence work on the System with the time schedule specified in
the Implementation Schedule and any refinements made in the Agreed and Finalized
Project Plan.
7.2 The Supplier shall achieve Operational Acceptance of the System (or Subsystem(s)
where a separate time for Operational Acceptance of such Subsystem(s) is
specified in the Contract) within the time specified in the SCC and in accordance
with the time schedule specified in the Implementation Schedule in the
Technical Requirements Section and any refinements made in the Agreed and
Conditions Of Contract
39
Finalized Project Plan, or within such extended time to which the Supplier shall
be entitled under GCC Clause 34 (Extension of Time for Achieving Operational
Acceptance).
Conditions Of Contract
40
8. Supplier’s Responsibilities
8.1 The Supplier shall conduct all activities with due care and diligence, in accordance
with the Contract and with the skill and care expected of a competent provider of
information technologies, information systems, support, maintenance, training, and other
related services, or in accordance with best industry practices. In particular, the
Supplier shall provide and employ only technical personnel who are skilled and
experienced in their respective callings and supervisory staff who are
competent to adequately supervise the work at hand.
8.2 The Supplier confirms that it has entered into this Contract on the basis of a proper
examination of the data relating to the System provided by the Purchaser and on the
basis of information that the Supplier could have obtained from a visual inspection
of the site (if access to the site was available) and of other data readily available
to the Supplier relating to the System as at the date twenty-eight (28) days prior to
bid submission. The Supplier acknowledges that any failure to acquaint
itself with all such data and information shall not relieve its responsibility for
properly estimating the difficulty or cost of successfully performing the Contract.
8.3 The Supplier shall be responsible for timely provision of all resources, information,
and decision making under its control that are necessary to reach a mutually
Agreed and Finalized Project Plan (pursuant to GCC Clause 18.2) within the time
schedule specified in the Implementation Schedule in the Technical Requirements
Section. Failure to provide such resources, information, and decision making
may constitute grounds for termination pursuant to GCC Clause 35.2.
8.4 The Supplier shall comply with all laws in force in the Purchaser’s Country. The
laws will include all national, provincial, municipal, or other laws that affect the
performance of the Contract and are binding upon the Supplier. The Supplier shall
indemnify and hold harmless the Purchaser from and against any and all liabilities,
damages, claims, fines, penalties, and expenses of whatever nature arising or resulting from
the violation of such laws by the Supplier or its personnel, including the Subcontractors and
their personnel, but without prejudice to GCC Clause 9.1. The Supplier shall not
indemnify the Purchaser to the extent that such liability, damage, claims, fines,
penalties, and expenses were caused or contributed to by a fault of the Purchaser.
9. Purchaser’s Responsibilities
9.1 The Purchaser shall ensure the accuracy of all information and/or data to be supplied
by the Purchaser to the Supplier, except when otherwise expressly stated in the
Contract.
Conditions Of Contract
41
9.2 The Purchaser shall be responsible for timely provision of all resources, information,
and decision making under its control that are necessary to reach an Agreed and
Finalized Project Plan (pursuant to GCC Clause 18.2) within the time schedule
specified in the Implementation Schedule in the Technical Requirements Section.
Failure to provide such resources, information, and decision making may constitute
grounds for Termination pursuant to GCC Clause 41.3.1 (b).
9.3 In such cases where the responsibilities of specifying and acquiring or upgrading
telecommunications and/or electric power services falls to the Supplier, as
specified in the Technical Requirements, SCC, Agreed and Finalized Project Plan, or
other parts of the Contract, the Purchaser shall use its best endeavors to assist the
Supplier in obtaining such services in a timely and expeditious manner.
9.4 The Purchaser shall be responsible for timely provision of all resources, access, and
information necessary for the Installation and Operational Acceptance of the
System (including, but not limited to, any required telecommunications
or electric power services), as identified in the Agreed
and Finalized Project Plan, except where provision of such items is explicitly identified
in the Contract as being the responsibility of the Supplier. Delay by the Purchaser
may result in an appropriate extension of the Time for Operational Acceptance, at
the Supplier’s discretion.
9.5 Unless otherwise specified in the Contract or agreed upon
by the Purchaser and the Supplier, the Purchaser shall
provide sufficient, properly qualified operating and
technical personnel, as required by the Supplier to properly
carry out Delivery, Pre-commissioning, Installation,
Commissioning, and Operational Acceptance, at or before
the time specified in the Technical Requirements Section’s
Implementation Schedule and the Agreed and Finalized
Project Plan.
9.6 The Purchaser will designate appropriate staff for the
training courses to be given by the Supplier
9.7 The Purchaser assumes primary responsibility for the
Operational Acceptance Test(s) for the System, in
accordance with GCC Clause 23.2, and shall be responsible
for the continued operation of the System after Operational
Acceptance. However, this shall not limit in any way the
Supplier’s responsibilities after the date of Operational
Acceptance otherwise specified in the Contract.
9.8 The Purchaser is responsible for performing and safely
storing timely and regular backups of its data and Software
in accordance with accepted data management principles,
except where such responsibility is clearly assigned to the
Conditions Of Contract
42
Supplier elsewhere in the Contract.
Conditions Of Contract
43
C. PAYMENT
10. Contract Price
10.1 The Contract Price shall be as specified in (Contract
Price and Terms of Payment) of the Contract Agreement.
10.2 The Contract Price shall be a firm lump sum not subject to
any alteration, except:
(a) in the event of a Change in the System pursuant to
GCC Clause 33 or to other clauses in the Contract;
(b) in accordance with the price adjustment formula (if
any) specified in the SCC.
10.3 The Supplier shall be deemed to have satisfied itself as to
the correctness and sufficiency of the Contract Price, which
shall, except as otherwise provided for in the Contract,
cover all its obligations under the Contract.
11. Terms of Payment
11.1 The Supplier’s request for payment shall be made to the
Purchaser in writing, accompanied by an invoice describing,
as appropriate, the System or Subsystem(s), Delivered, Pre-
commissioned, Installed, and Operationally Accepted, and
by documents submitted and upon fulfillment of other
obligations stipulated in the Contract.
11.2 No payment made by the Purchaser herein shall be deemed
to constitute acceptance by the Purchaser of the System or
any Subsystem(s).
11.3 All payments shall be made in the currency(ies) specified in
the Contract Agreement, pursuant to GCC Clause 10. For
Goods and Services supplied locally, payments shall be
made in the currency of the Purchaser’s Country, unless
otherwise specified in the SCC.
11.4 Unless otherwise specified in the SCC, payment of the
foreign currency portion of the Contract Price for Goods
Conditions Of Contract
44
supplied from outside the Purchaser’s Country shall be
made to the Supplier through an irrevocable letter of credit
opened by an authorized bank in the Supplier’s Country and
will be payable on presentation of the appropriate
documents. It is agreed that the letter of credit will be
subject to Article 10 of the latest revision of Uniform
Customs and Practice for Documentary Credits, published
by the International Chamber of Commerce, Paris.
12. Securities
12.1 Issuance of Securities
The Supplier shall provide the securities specified below in
favor of the Purchaser at the times and in the amount,
manner, and form specified below.
12.2 Performance Security
12.2.1 The Supplier shall, within fifteen (15) days of the
notification of Contract award, provide a security for
the due performance of the Contract in the
amount and currency specified in the SCC.
12.2.2 The security shall be a bank guarantee in the form
provided in the Sample Forms Section of the Bidding
Documents, or it shall be in another form acceptable
to the Purchaser.
12.2.3 The security shall automatically become null and void
once all the obligations of the Supplier under the
Contract have been fulfilled, including, but not limited
to, any obligations during the Warranty Period and
any extensions to the period. The security shall be
returned to the Supplier no later than twenty-eight
(28) days after its expiration.
12.2.4 Upon Operational Acceptance of the entire System,
the security shall be reduced to the amount specified
in the SCC, on the date of such Operational
Acceptance, so that the reduced security would only
Conditions Of Contract
45
cover the remaining warranty obligations of the
Supplier.
13. Taxes and Duties
13.1 For Goods or Services supplied from outside and
inside the Purchaser’s country, the Supplier shall
be entirely responsible for all taxes, stamp
duties, license fees, and other such levies
imposed outside and inside the
Purchaser’s country.
13.2 For Goods or Services supplied locally, the Supplier shall be
entirely responsible for all taxes, duties, license fees, etc.,
incurred until delivery of the contracted Goods or Services
to the Purchaser.
13.3 For the purpose of the Contract, it is agreed that the
Contract Price specified in (Contract Price and Terms of
Payment) of the Contract Agreement is based on the
taxes, duties, levies, and charges prevailing at the date
twenty-eight (28) days prior to the date of bid submission in
the Purchaser’s Country (also called “Tax” in this GCC Clause
13.4). If any Tax rates are increased or decreased, a new
Tax is introduced, an existing Tax is abolished, or any change
in interpretation or application of any Tax occurs in the
course of the performance of the Contract, which was or
will be assessed on the Supplier, its Subcontractors, or their
employees in connection with performance of the Contract,
an equitable adjustment to the Contract Price shall be made
to fully take into account any such change by addition to or
reduction from the Contract Price, as the case may be.
D. INTELLECTUAL PROPERTY
14. Copyright
14.1 The Intellectual Property Rights in all Standard Software and
Standard Materials shall remain vested in the owner of such
rights.
14.2 The Purchaser agrees to restrict use, copying, or duplication
of the Standard Software and Standard Materials in
Conditions Of Contract
46
accordance with GCC Clause 16, except that additional
copies of Standard Materials may be made by the Purchaser
for use within the scope of the project of which the System
is a part, in the event that the Supplier does not deliver
copies within thirty (30) days from receipt of a request for
such Standard Materials.
14.3 The Purchaser’s contractual rights to use the Standard
Software or elements of the Standard Software may not be
assigned, licensed, or otherwise transferred voluntarily
except in accordance with the relevant license agreement
or as may be otherwise specified in the SCC.
15. Software License Agreements
15.1 Except to the extent that the Intellectual Property Rights in the Software vest in the
Purchaser, the Supplier hereby grants to the Purchaser license to access and
use the Software, including all inventions, designs, and marks embodied in the
Software.
Such license to access and use the Software shall: (a) be:
(i) nonexclusive;
(ii) valid throughout the territory of the Purchaser’s Country (or such other
territory as specified in the SCC); and
(iii) subject to additional restrictions (if any) as
specified in the SCC.
(b) permit the Software to be:
(i) used or copied for use on or with the computer(s) for which
it was acquired (if specified in the Technical Requirements and/or the
Supplier’s bid), plus a backup computer(s) of the same or similar
capacity, if the primary is(are) inoperative, and during a reasonable
transitional period when use is being transferred between primary and
backup;
(ii) as specified in the SCC, used or copied for use on or transferred to a
replacement computer(s), (and use on the original and replacement
computer(s) may be simultaneous during a reasonable transitional
period) provided that, if
the Technical Requirements and/or the
Supplier’s bid specifies a class of computer to
Conditions Of Contract
47
which the license is restricted and unless the
Supplier agrees otherwise in writing, the
replacement computer(s) is(are) within that
class;
(iii) if the nature of the System is such as to permit
such access, accessed from other computers
connected to the primary and/or backup
computer(s) by means of a local or wide-area
network or similar arrangement, and used on or
copied for use on those other computers to the
extent necessary to that access;
(iv) reproduced for safekeeping or backup purposes;
(v) customized, adapted, or combined with other
computer software for use by the Purchaser,
provided that derivative software incorporating
any substantial part of the delivered, restricted
Software shall be subject to same restrictions as
are set forth in this Contract;
(vi) as specified in the SCC, disclosed to, and
reproduced for use by, support service suppliers
and their subcontractors, (and the Purchaser
may sublicense such persons to use and copy for
use the Software) to the extent reasonably
necessary to the performance of their support
service contracts, subject to the same
restrictions as are set forth in this Contract; and
(vii) disclosed to, and reproduced for use by, the
Purchaser and by such other persons as are
specified in the SCC (and the Purchaser may
sublicense such persons to use and copy for use
the Software), subject to the same restrictions as
are set forth in this Contract.
15.2 The Standard Software may be subject to audit by the
Supplier, in accordance with the terms specified in the SCC,
to verify compliance with the above license agreements.
16. Confidential Information
16.1 Except if otherwise specified in the SCC, the "Receiving Party" (either the
Conditions Of Contract
48
Purchaser or the Supplier) shall keep confidential and shall not, without the
written consent of the other party to this Contract (“the Disclosing Party”), divulge
to any third party any documents, data, or other information of a
confidential nature (“Confidential Information”) connected
with this Contract, and furnished directly or indirectly by the Disclosing Party
prior to or during performance, or following termination, of this Contract.
16.2 For the purposes of GCC Clause 16.1, the Supplier is also deemed to be the
Receiving Party of Confidential Information generated by the
Supplier itself in the course of the performance of its obligations under the Contract
and relating to the businesses, finances, suppliers, employees, or other contacts of
the Purchaser or the Purchaser’s use of the System.
16.3 Notwithstanding GCC Clauses 16.1 and 16.2:
(a) the Supplier may furnish to its Subcontractor Confidential Information
of the Purchaser to the extent reasonably required for the Subcontractor to
perform its work under the Contract; and
(b) the Purchaser may furnish Confidential Information of the Supplier: (i) to its
support service suppliers and their subcontractors to the extent reasonably
required for them to perform their work under their support service
contracts; and (ii) to its affiliates and subsidiaries,
in which event the Receiving Party shall ensure that the person to whom it
furnishes Confidential Information of the Disclosing Party is aware of and abides by
the Receiving Party’s obligations under this GCC Clause 16 as if that person were
party to the Contract in place of the Receiving Party.
16.4 The Purchaser shall not, without the Supplier’s prior written consent, use any
Confidential Information received from the Supplier for any purpose other than
the operation, maintenance and further development of the System. Similarly,
the Supplier shall not, without the Purchaser’s
prior written consent, use any Confidential Information
received from the Purchaser for any purpose other than
those that are required for the performance of the Contract.
16.5 The obligation of a party under GCC Clauses 16.1 through
16.4 above, however, shall not apply to that information
which:
(a) now or hereafter enters the public domain through no
fault of the Receiving Party;
(b) can be proven to have been possessed by the
Receiving Party at the time of disclosure and that was
not previously obtained, directly or indirectly, from
Conditions Of Contract
49
the Disclosing Party;
(c) otherwise lawfully becomes available to the Receiving
Party from a third party that has no obligation of
confidentiality.
16.6 The above provisions of this GCC Clause 16 shall not in any
way modify any undertaking of confidentiality given by
either of the parties to this Contract prior to the date of the
Contract in respect of the System or any part thereof.
16.7 The provisions of this GCC Clause 16 shall survive the
termination, for whatever reason, of the Contract for three
(3) years or such longer period as may be specified in the
SCC.
Conditions Of Contract
50
E. SUPPLY, INSTALLATION, TESTING,
COMMISSIONING, AND ACCEPTANCE OF THE SYSTEM
17. Representatives
17.1 Project Manager
If the Project Manager is not named in the Contract, then
within fourteen (14) days of the Effective Date, the
Purchaser shall appoint and notify the Supplier in writing of
the name of the Project Manager. The Purchaser may from
time to time appoint some other person as the Project
Manager in place of the person previously so appointed and
shall give a notice of the name of such other person to the
Supplier without delay. No such appointment shall be made
at such a time or in such a manner as to impede the
progress of work on the System. Such appointment shall
take effect only upon receipt of such notice by the Supplier.
Subject to the extensions and/or limitations specified in the
SCC (if any), the Project Manager shall have the authority to
represent the Purchaser on all day-to-day matters relating
to the System or arising from the Contract, and shall
normally be the person giving or receiving notices on behalf
of the Purchaser pursuant to GCC Clause 3.
17.2 Supplier’s Representative
17.2.1 If the Supplier’s Representative is not named in the
Contract, then within fourteen (14) days of the
Effective Date, the Supplier shall appoint the
Supplier’s Representative and shall request the
Purchaser in writing to approve the person so
appointed. The request must be accompanied by a
detailed curriculum vitae for the nominee, as well as
a description of any other System or non-System
responsibilities the nominee would retain while
performing the duties of the Supplier’s
Representative. If the Purchaser does not object to
the appointment within fourteen (14) days, the
Supplier’s Representative shall be deemed to have
been approved. If the Purchaser objects to the
appointment within fourteen (14) days giving the
reason therefor, then the Supplier shall appoint a
replacement within fourteen (14) days of such
Conditions Of Contract
51
objection in accordance with this GCC Clause 17.2.1.
17.2.2 Subject to the extensions and/or limitations specified
in the SCC (if any), the Supplier’s Representative shall
have the authority to represent the Supplier on all
day-to-day matters relating to the System or arising
from the Contract, and shall normally be the person
giving or receiving notices on behalf of the Supplier
pursuant to GCC Clause 3.
17.2.3 The Supplier shall not revoke the appointment of the
Supplier’s Representative without the Purchaser’s
prior written consent, which shall not be
unreasonably withheld. If the Purchaser consents to
such an action, the Supplier shall appoint another
person of equal or superior qualifications as the
Supplier’s Representative, pursuant to the procedure
set out in GCC Clause 17.2.1.
17.2.4 The Supplier’s Representative and staff are obliged to
work closely with the Purchaser’s Project Manager
and staff, act within their own authority, and abide by
directives issued by the Purchaser that are consistent
with the terms of the Contract. The Supplier’s
Representative is responsible for managing the
activities of its personnel and any subcontracted
personnel.
Conditions Of Contract
52
17.2.5 The Supplier’s Representative may, subject to the
approval of the Purchaser (which shall not be
unreasonably withheld), at any time delegate to any
person any of the powers, functions, and authorities
vested in him or her. Any such delegation may be
revoked at any time. Any such delegation or
revocation shall be subject to a prior notice signed by
the Supplier’s Representative and shall specify the
powers, functions, and authorities thereby delegated
or revoked. No such delegation or revocation shall
take effect unless and until the notice of it has been
delivered.
17.2.6 Any act or exercise by any person of powers,
functions and authorities so delegated to him or her
in accordance with GCC Clause 17.2.5 shall be
deemed to be an act or exercise by the Supplier’s
Representative.
17.3 Objections and Removals
17.3.1 The Purchaser may by notice to the Supplier object to
any representative or person employed by the
Supplier in the execution of the Contract who, in the
reasonable opinion of the Purchaser, may have
behaved inappropriately, be incompetent, or be
negligent. The Purchaser shall provide evidence of
the same, whereupon the Supplier shall remove such
person from work on the System.
17.3.2 If any representative or person employed by the
Supplier is removed in accordance with GCC Clause
17.3.1, the Supplier shall, where required, promptly
appoint a replacement.
Conditions Of Contract
53
18. Project Plan
18.1 In close cooperation with the Purchaser and based on
the Preliminary Project Plan included in the Supplier’s bid,
the Supplier shall develop a Project Plan encompassing
the activities specified in the Contract. The contents of
the Project Plan shall be as specified in the SCC
and/or Technical Requirements.
18.2 The Supplier shall formally present to the Purchaser the
Project Plan in accordance with the procedure specified in
the SCC.
18.3 If required, the impact on the Implementation Schedule of
modifications agreed during finalization of the Agreed and
Finalized Project Plan shall be incorporated in the Contract
by amendment, in accordance with GCC Clauses 33 and 34.
18.4 The Supplier shall undertake to supply, install, test, and
commission the System in accordance with the Agreed and
Finalized Project Plan and the Contract.
18.5 The Progress and other reports specified in the SCC shall be
prepared by the Supplier and submitted to the Purchaser in
the format and frequency specified in the Technical
Requirements.
19. Design and Engineering
19.1 Technical Specifications and Drawings
19.1.1 The Supplier shall execute the basic and detailed design and the
implementation activities necessary for successful installation of the System in
compliance with the provisions of the Contract or, where not so specified, in
accordance with good industry practice.
The Supplier shall be responsible for any discrepancies, errors or
omissions in the specifications, drawings, and
other technical documents that it has prepared, whether such
specifications, drawings, and other documents have been approved by the
Project Manager or not, provided that such discrepancies, errors, or omissions
are not because of inaccurate information furnished in writing to the Supplier
by or on behalf of the Purchaser.
Conditions Of Contract
54
19.1.2 The Supplier shall be entitled to disclaim responsibility for any
design, data, drawing, specification, or other document, or any
modification
Conditions Of Contract
55
of such design, drawings, specification, or other
documents provided or designated by or on behalf of
the Purchaser, by giving a notice of such disclaimer to
the Project Manager.
19.2 Codes and Standards
Wherever references are made in the Contract to codes and
standards in accordance with which the Contract shall be
executed, the edition or the revised version of such codes
and standards current at the date twenty-eight (28) days
prior to date of bid submission shall apply unless otherwise
specified in the SCC. During Contract execution, any
changes in such codes and standards shall be applied after
approval by the Purchaser and shall be treated in
accordance with GCC Clause 33.3.
19.3 Approval/Review of Technical Documents by the Project
Manager
19.3.1 The Supplier shall prepare and furnish to the Project
Manager the documents as specified in the SCC for
the Project Manager’s approval or review.
Any part of the System covered by or related to the
documents to be approved by the Project Manager
shall be executed only after the Project Manager’s
approval of these documents.
GCC Clauses 19.3.2 through 19.3.5 shall apply to
those documents requiring the Project Manager’s
approval, but not to those furnished to the Project
Manager for its review only.
19.3.2 The Project Manager shall not disapprove any
document except on the grounds that the document
does not comply with some specified provision of the
Contract or that it is contrary to good industry
practice.
19.3.3 If the Project Manager disapproves the document,
the Supplier shall modify the document and resubmit
it for the Project Manager’s approval. If the Project
Manager approves the document subject to
modification(s), the Supplier shall make the required
modification(s), and the document shall then be
deemed to have been approved, subject to GCC
Clause 21.3.5. The procedure set out
shall be repeated, as appropriate, until the Project
Manager approves such documents.
Conditions Of Contract
56
19.3.4 The Project Manager’s approval, with or without
modification of the document furnished by the
Supplier, shall not relieve the Supplier of any
responsibility or liability imposed upon it by any
provisions of the Contract except to the extent that
any subsequent failure results from modifications
required by the Project Manager or inaccurate
information furnished in writing to the Supplier by or
on behalf of the Purchaser.
19.3.5 The Supplier shall not depart from any approved
document unless the Supplier has first submitted to
the Project Manager an amended document and
obtained the Project Manager’s approval of the
document, pursuant to the provisions of this GCC
Clause 19.3. If the Project Manager requests any
change in any already approved document and/or in
any document based on such an approved document,
the provisions of GCC Clause 33 (Changes to the
System) shall apply to such request.
20. Product Upgrades
20.1 At any point during performance of the Contract, should
technological advances be introduced by the Supplier for
Information Technologies originally offered by the Supplier
in its bid and still to be delivered, the Supplier shall be
obligated to offer to the Purchaser the latest versions of the
available Information Technologies having equal or better
performance or functionality at the same or lesser unit
prices, pursuant to GCC Clause 33 (Changes to the System).
20.2 During performance of the Contract, the Supplier shall offer
to the Purchaser all new versions, releases, and updates of
Standard Software, as well as related documentation and
technical support services, within thirty (30) days of their
availability from the Supplier to other clients of the Supplier
in the Purchaser’s Country, and no later than six (6)
months after they are released in the country of origin. In
no case will the prices for these Software exceed those
quoted by the Supplier in the Recurrent Costs tables in its
bid.
20.3 During the Warranty Period, unless otherwise specified in
the SCC, the Supplier will provide at no additional cost to
the Purchaser all new versions, releases, and updates for all
Conditions Of Contract
57
Standard Software that are used in the System, within thirty
(30) days of their availability from the Supplier to other
clients of the Supplier in the Purchaser’s country, and no
later than six (6) months after they are released in the
country of origin of the Software.
20.4 The Purchaser shall introduce all new versions, releases or
updates of the Software within nine (9) months of
receipt of a production-ready copy of the new version,
release, or update, provided that the new version, release,
or update does not adversely affect System operation or
performance or require extensive reworking of the System.
In cases where the new version, release, or update
adversely affects System operation or performance, or
requires extensive reworking of the System, the Supplier
shall continue to support and maintain the version or
release previously in operation for as long as necessary to
allow introduction of the new version, release, or update.
In no case shall the Supplier stop supporting or maintaining
a version or release of the Software less than twelve (12)
months after the Purchaser receives a production-
ready copy of a subsequent version, release, or update. The
Purchaser shall use all reasonable endeavors to implement
any new version, release, or update as soon as practicable,
subject to the twelve-month-long stop date.
21. Inspections and Tests
21.1 The Purchaser or its representative shall have the right to inspect and/or test any
components of the System, as specified in the Technical Requirements, to confirm
their good working order and/or conformity to the Contract at the point of delivery
and/or at the Project Site.
21.2 Should the inspected or tested components fail to conform to the Contract,
the Purchaser may reject the component(s), and the Supplier shall
either replace the rejected component(s), or make alterations as necessary so that it
meets the Contract requirements free of cost to the Purchaser.
21.3 The Project Manager may require the Supplier to carry out any inspection and/or
test not specified in the Contract, provided that the Supplier’s reasonable costs and
expenses incurred in the carrying out of such inspection and/or test shall be added to
the Contract Price. Further, if such inspection and/or test
impedes the progress of work on the System and/or the Supplier’s performance of its
other obligations under the Contract, due allowance will be made in respect of the Time for
Achieving Operational Acceptance and the other obligations so affected.
21.4 If any dispute shall arise between the parties in connection
with or caused by an inspection and/or with regard to any
component to be incorporated in the System that cannot be
settled amicably between the parties within a reasonable
Conditions Of Contract
58
period of time, either party may invoke the process
pursuant to GCC Clause 5 (Settlement of Disputes), starting
with referral of the matter to the Adjudicator in case an
Adjudicator is included and named in the Contract
Agreement.
Conditions Of Contract
59
22. Installation of the System
22.1 As soon as the System, or any Subsystem, has, in the opinion of the Supplier,
been delivered, Pre-commissioned, and made ready for Commissioning and
Operational Acceptance Testing in accordance with the Technical Requirements,
the SCC and the Agreed and Finalized Project Plan, the Supplier shall so notify the
Purchaser in writing.
22.2 The Project Manager shall, within fourteen (14) days after receipt of the Supplier’s
notice under GCC Clause 22.1, either issue an Installation Certificate in the form
specified in the Sample Forms Section in the Bidding Documents, stating that the
System, or major component or Subsystem (if Acceptance by major component
or Subsystem is specified pursuant to the SCC for GCC Clause 23.2.1), has achieved
Installation by the date of the Supplier’s notice under GCC Clause 22.1, or notify the
Supplier in writing of any defects and/or deficiencies, including, but not limited to,
defects or deficiencies in the interoperability or integration of the various
components and/or Subsystems making up the System. The Supplier shall use all
reasonable endeavors to promptly remedy any defect and/or deficiencies
that the Project Manager has notified the Supplier of. The Supplier shall
then promptly carry out retesting of the System or Subsystem and, when in the
Supplier’s opinion the System or Subsystem is ready for Commissioning and
Operational Acceptance Testing, notify the Purchaser in writing, in
accordance with GCC Clause 22.1. The procedure set out in this GCC Clause 22.2
shall be repeated, as necessary, until an Installation Certificate is issued.
22.3 If the Project Manager fails to issue the Installation Certificate and fails to
inform the Supplier of any defects and/or deficiencies within fourteen (14) days
after receipt of the Supplier’s notice under GCC Clause 22.1, or if the
Purchaser puts the System or a Subsystem into production operation, then the System (or
Subsystem) shall be deemed to have achieved successful Installation as of the date of the
Supplier’s notice or repeated notice, or when the Purchaser put the System into production
operation, as the case may be.
23. Commissioning and Operational Acceptance
23.1 Commissioning
23.1.1 Commissioning of the System (or Subsystem if specified pursuant to the
SCC for GCC Clause 23.2.1) shall be commenced by the Supplier:
(a) immediately after the Installation Certificate is issued by the Project
Manager, pursuant to GCC Clause 22.2; or
(b) as otherwise specified in the Technical Requirement or the
Agreed and Finalized Project Plan; or
Conditions Of Contract
60
(c) immediately after Installation is deemed to have occurred, under GCC
Clause 22.3.
23.1.2 The Purchaser shall supply the operating and technical personnel and all
materials and information reasonably required to enable the Supplier to carry
out its obligations with respect to Commissioning.
Production use of the System or Subsystem(s) shall not commence prior
to the start of formal Operational Acceptance
Testing.
23.2 Operational Acceptance Tests
23.2.1 The Operational Acceptance Tests (and repeats of such tests) shall be the
primary responsibility of the Purchaser (in accordance with GCC Clause 9.7), but
shall be conducted with the full cooperation of the Supplier during
Commissioning of the System (or major components or Subsystem[s] if
specified in the SCC and supported by the Technical Requirements), to
ascertain whether the System (or major component or
Subsystem[s]) conforms to the Technical Requirements and
meets the standard of performance quoted in the Supplier’s bid, including,
but not restricted to, the functional and technical
performance requirements. The Operational
Acceptance Tests during Commissioning will be
conducted as specified in the SCC, the Technical
Requirements and/or the Agreed and Finalized
Project Plan.
At the Purchaser’s discretion, Operational Acceptance
Tests may also be performed on replacement Goods,
upgrades and new version releases, and Goods that
are added or field-modified after Operational
Acceptance of the System.
23.2.2 If for reasons attributable to the Purchaser, the
Operational Acceptance Test of the System (or
Subsystem[s] or major components, pursuant to the
SCC for GCC Clause 23.2.1) cannot be successfully
completed within the period specified in the SCC,
from the date of Installation or any other period
agreed upon in writing by the Purchaser and the
Supplier, the Supplier shall be deemed to have
fulfilled its obligations with respect to the technical
and functional aspects of the Technical Specifications,
SCC and/or the Agreed and Finalized Project Plan, and
GCC Clause 24.2 and 24.3 shall not apply.
23.3 Operational Acceptance
Conditions Of Contract
61
23.3.1 Operational Acceptance shall occur in respect of the
System, when
(a) the Operational Acceptance Tests, as specified in
the Technical Requirements, and/or SCC and/or
the Agreed and Finalized Project Plan have been
successfully completed; or
(b) the Operational Acceptance Tests have not been
successfully completed or have not been carried
out for reasons that are attributable to the
Purchaser within the period from the date of
Installation or any other agreed-upon period as
specified in GCC Clause 23.2.2 above; or
(c) the Purchaser has put the System into
production or use for sixty (60) consecutive days.
If the System is put into production or use in this
manner, the Supplier shall notify the Purchaser
and document such use.
23.3.2 At any time after any of the events set out in GCC
Clause 23.3.1 have occurred, the Supplier may give a
notice to the Project Manager requesting the issue of
an Operational Acceptance Certificate.
23.3.3 After consultation with the Purchaser, and within
fourteen (14) days after receipt of the Supplier’s
notice, the Project Manager shall:
(a) issue an Operational Acceptance Certificate; or
(b) notify the Supplier in writing of any defect or
deficiencies or other reason for the failure of
the Operational Acceptance Tests; or
(c) issue the Operational Acceptance Certificate, if
the situation covered by GCC Clause 23.3.1 (b)
arises.
23.3.4 The Supplier shall use all reasonable endeavors to
promptly remedy any defect and/or deficiencies
and/or other reasons for the failure of the
Operational Acceptance Test that the Project
Manager has notified the Supplier of. Once such
remedies have been made by the Supplier, the
Supplier shall notify the Purchaser, and the
Purchaser, with the full cooperation of the Supplier,
shall use all reasonable endeavors to promptly carry
Conditions Of Contract
62
out retesting of the System or Subsystem. Upon the
successful conclusion of the Operational Acceptance
Tests, the Supplier shall notify the Purchaser of its
request for Operational Acceptance Certification, in
accordance with GCC Clause 23.3.3. The Purchaser
shall then issue to the Supplier the Operational
Acceptance Certification in accordance with GCC
Clause 23.3.3 (a), or shall notify the Supplier of
further defects, deficiencies, or other reasons for the
failure of the Operational Acceptance Test. The
procedure set out in this GCC Clause 23.3.4 shall be
repeated, as necessary, until an Operational
Acceptance Certificate is issued.
23.3.5 If the System or Subsystem fails to pass the
Operational Acceptance Test(s) in accordance with
GCC Clause 23.2, then either:
(a) the Purchaser may consider terminating the
Contract, pursuant to GCC Clause 35.2.2;
or
(b) if the failure to achieve Operational
Acceptance within the specified time period is
a result of the failure of the Purchaser to fulfill
its obligations under the Contract, then the
Supplier shall be deemed to have fulfilled its
obligations with respect to the relevant
technical and functional aspects of the
Contract, and GCC Clause 26.3 shall not apply.
23.3.6 If within fourteen (14) days after receipt of the
Supplier’s notice the Project Manager fails to issue
the Operational Acceptance Certificate or fails to
inform the Supplier in writing of the justifiable
reasons why the Project Manager has not issued the
Operational Acceptance Certificate, the System or
Subsystem shall be deemed to have been accepted as
of the date of the Supplier’s said notice.
Conditions Of Contract
63
F. GUARANTEES AND LIABILITIES
24. Operational Acceptance Time Guarantee
24.1 The Supplier guarantees that it shall complete the supply, Installation,
Commissioning, and achieve Operational Acceptance of the System
(or Subsystems, pursuant to the SCC for GCC Clause 23.2.1) within the time periods
specified in the Implementation Schedule in the
Technical Requirements Section and/or the Agreed and Finalized Project Plan
pursuant to GCC Clause 7.2, or within such extended time to which the Supplier
shall be entitled under GCC Clause 40 (Extension of Time for Achieving Operational
Acceptance).
24.2 If the Supplier fails to supply, install, commission, and achieve Operational Acceptance
of the System (or Subsystems pursuant to the SCC for GCC Clause 23.2.1) within the
time for achieving Operational Acceptance specified in the
Implementation Schedule in the Technical Requirement or the Agreed and Finalized
Project Plan, or any extension of the time for achieving Operational Acceptance
previously granted under GCC Clause 34 (Extension of Time for Achieving
Operational Acceptance), the Supplier shall pay to the Purchaser liquidated
damages at the rate specified in the SCC as a percentage of the Contract Price, or the
relevant part of the Contract Price if a Subsystem has not achieved Operational
Acceptance. The aggregate amount of such
liquidated damages shall in no event exceed the amount specified in the SCC (“the
Maximum”). Once the Maximum is reached, the Purchaser may consider termination of
the Contract, pursuant to GCC Clause 35.2.2.
24.3 Unless otherwise specified in the SCC, liquidated damages
payable under GCC Clause 24.2 shall apply only to the
failure to achieve Operational Acceptance of the System (and
Subsystems) as specified in the Implementation Schedule in
the Technical Requirements and/or Agreed and Finalized Project
Plan. This Clause 24.3 shall not limit,
however, any other rights or remedies the Purchaser may have
under the Contract for other delays.
24.4 If liquidated damages are claimed by the Purchaser for the
System (or Subsystem), the Supplier shall have no further
liability whatsoever to the Purchaser in respect to the
Operational Acceptance time guarantee for the System (or
Subsystem). However, the payment of liquidated damages
shall not in any way relieve the Supplier from any of its
Conditions Of Contract
64
obligations to complete the System or from any other of its
obligations and liabilities under the Contract.
Conditions Of Contract
65
25. Defect Liability
25.1 The Supplier warrants that the System, including all
Information Technologies, Materials, and other Goods
supplied and Services provided, shall be free from defects in
the design, engineering, Materials, and workmanship that
prevent the System and/or any of its components from
fulfilling the Technical Requirements or that limit in a
material fashion the performance, reliability, or extensibility
of the System and/or Subsystems. Exceptions and/or
limitations, if any, to this warranty with respect to Software
(or categories of Software), shall be as specified in the SCC.
Commercial warranty provisions of products supplied under
the Contract shall apply to the extent that they do not
conflict with the provisions of this Contract.
25.2 The Supplier also warrants that the Information
Technologies, Materials, and other Goods supplied under
the Contract are new, unused, and incorporate all recent
improvements in design that materially affect the System’s
or Subsystem’s ability to fulfill the Technical Requirements.
25.3 In addition, the Supplier warrants that: (i) all Goods
components to be incorporated into the System form part
of the Supplier’s and/or Subcontractor’s current product
lines, (ii) they have been previously released to the market,
and (iii) those specific items identified in the SCC (if any)
have been in the market for at least the minimum periods
specified in the SCC.
25.4 The Warranty Period shall commence from the date of
Operational Acceptance of the System (or of any major
component or Subsystem for which separate Operational
Acceptance is provided for in the Contract) and shall extend
for the length of time specified in the SCC.
25.5 If during the Warranty Period any defect as described in
GCC Clause 25.1 should be found in the design, engineering,
Materials, and workmanship of the Information
Technologies and other Goods supplied or of the Services
provided by the Supplier, the Supplier shall promptly, in
consultation and agreement with the Purchaser regarding
appropriate remedying of the defects, and at its sole cost,
repair, replace, or otherwise make good (as the Supplier
shall, at its discretion, determine) such defect as well as any
damage to the System caused by such defect. Any defective
Conditions Of Contract
66
Information Technologies or other Goods that have been
replaced by the Supplier shall remain the property of the
Supplier.
25.6 The Supplier shall not be responsible for the repair,
replacement, or making good of any defect or of any
damage to the System arising out of or resulting from any of
the following causes:
(a) improper operation or maintenance of the System by
the Purchaser;
(b) normal wear and tear;
(c) use of the System with items not supplied by the
Supplier, unless otherwise identified in the Technical
Requirements, or approved by the Supplier; or
(d) modifications made to the System by the Purchaser, or a
third party, not approved by the Supplier.
25.7 The Supplier’s obligations under this GCC Clause 25 shall not
apply to:
(a) any materials that are normally consumed in operation
or have a normal life shorter than the Warranty Period;
or
(b) any designs, specifications, or other data designed,
supplied, or specified by or on behalf of the Purchaser or
any matters for which the Supplier has disclaimed
responsibility, in accordance with GCC Clause 19.1.2.
25.8 The Purchaser shall give the Supplier a notice promptly
following the discovery of such defect, stating the nature of
any such defect together with all available evidence. The
Purchaser shall afford all reasonable opportunity for the
Supplier to inspect any such defect. The Purchaser shall
afford the Supplier all necessary access to the System and
the site to enable the Supplier to perform its obligations
under this GCC Clause 25.
25.9 The Supplier may, with the consent of the Purchaser,
remove from the site any Information Technologies and
other Goods that are defective, if the nature of the defect,
and/or any damage to the System caused by the defect, is
such that repairs cannot be expeditiously carried out at the
site. If the repair, replacement, or making good is of such a
character that it may affect the efficiency of the System, the
Conditions Of Contract
67
Purchaser may give the Supplier notice requiring that tests
of the defective part be made by the Supplier immediately
upon completion of such remedial work, whereupon the
Supplier shall carry out such tests.
If such part fails the tests, the Supplier shall carry out
further repair, replacement, or making good (as the case
may be) until that part of the System passes such tests. The
tests shall be agreed upon by the Purchaser and the
Supplier.
25.10 If the Supplier fails to commence the work necessary to remedy such defect or any
damage to the System caused by such defect within the time period specified in the SCC,
the Purchaser may, following notice to the Supplier, proceed to do such work or contract a
third party (or parties) to do such work, and the reasonable costs incurred by the Purchaser
in connection with such work shall be paid to the Purchaser by the Supplier or may be
deducted by the Purchaser from any monies due the Supplier or claimed under the
Performance Security.
25.11 If the System or Subsystem cannot be used by reason of such defect and/or
making good of such defect, the Warranty Period for the System shall be extended
by a period equal to the period during which the System or Subsystem could not be
used by the Purchaser because of such defect and/or making good of such defect.
25.12 Items substituted for defective parts of the System during the Warranty Period shall
be covered by the Defect Liability Warranty for the remainder of the Warranty
Period applicable for the part replaced or two (2) months, whichever is greater.
25.13 At the request of the Purchaser and without prejudice to any other rights and
remedies that the Purchaser may have against the Supplier under the Contract, the
Supplier will offer all possible assistance to the Purchaser to seek warranty
services or remedial action from any
subcontracted third-party producers or licensor of Goods included in the System,
including without limitation assignment or transfer in favor of the Purchaser of the
benefit of any warranties given by such producers or licensors to the Supplier.
26. Functional Guarantees
26.1 The Supplier guarantees that, once the Operational
Acceptance Certificate(s) has been issued, the System represents a
complete, integrated solution to the Purchaser’s
requirements set forth in the Technical Requirements and it
conforms to all other aspects of the Contract. The Supplier acknowledges that GCC
Clause 23 regarding Commissioning and Operational Acceptance
governs how technical conformance of the System to the Contract requirements will
be determined.
26.2 If, for reasons attributable to the Supplier, the System does not conform to the
Technical Requirements or does not conform to all other aspects of the Contract,
the Supplier shall at its cost and expense make such changes,
Conditions Of Contract
68
modifications, and/or additions to the System as may be necessary to conform to
the Technical Requirements and meet all functional and performance standards.
The Supplier shall notify the Purchaser upon completion of the necessary
changes, modifications, and/or additions and
Conditions Of Contract
69
shall request the Purchaser to repeat the Operational
Acceptance Tests until the System achieves Operational
Acceptance.
26.3 If the System (or Subsystem[s]) fails to achieve Operational
Acceptance, the Purchaser may consider termination of the
Contract, pursuant to GCC Clause 35.2.2, and forfeiture of
the Supplier’s Performance Security in accordance with GCC
Clause 12.2 in compensation for the extra costs and delays
likely to result from this failure.
27. Intellectual Property Rights Warranty
27.1 The Supplier hereby represents and warrants that:
the System as supplied,installed, tested, and accepted;
(b) use of the System in accordance with the Contract;
and
(c) copying of the Software and Materials provided to the
Purchaser in accordance with the Contract
do not and will not infringe any Intellectual Property Rights held by any third party and
that it has all necessary rights or at its sole expense shall have secured in writing all
transfers of rights and other consents necessary to make the assignments,
licenses, and other transfers of Intellectual Property Rights and the warranties set
forth in the Contract, and for the Purchaser to own or exercise all Intellectual
Property Rights as provided in the Contract. Without limitation, the Supplier
shall secure all necessary written agreements, consents, and transfers of rights
from its employees and other persons or entities whose services are used for
development of the System.
28. Limitation of Liability
28.1 Provided the following does not exclude or limit any liabilities of either party in
ways not permitted by applicable law:
(a) the Supplier shall not be liable to the Purchaser, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage, loss of
use, loss of production, or loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the Supplier to pay liquidated
damages to the Purchaser; and
Conditions Of Contract
70
(b) the aggregate liability of the Supplier to the Purchaser,
whether under the Contract, in tort or otherwise, shall
not exceed the total Contract Price, provided that this
limitation shall not apply to any obligation of the
Supplier to indemnify the Purchaser with respect to
intellectual property rights infringement.
G. RISK DISTRIBUTION
29. Transfer of Ownership
29.1 With the exception of Software and Materials, the ownership of the
Information Technologies and other Goods shall be transferred to the Purchaser at the
time of Delivery or otherwise under terms that may be agreed upon and specified
in the Contract Agreement.
29.2 Ownership and the terms of usage of the Software and Materials supplied under
the Contract shall be governed by GCC Clause 14 (Copyright) and any elaboration
in the Technical Requirements.
29.3 Ownership of the Supplier’s Equipment used by the Supplier and its Subcontractors in
connection with the Contract shall remain with the Supplier or its Subcontractors.
30. Care of the System
30.1 The Purchaser shall become responsible for the care and custody of the System or
Subsystems upon their Delivery. The Purchaser shall make good at its own cost any
loss or damage that may occur to the System or Subsystems from any cause from
the date of Delivery until the date of Operational Acceptance of the System
or Subsystems, pursuant to GCC Clause 23 (Commissioning and Operational
Acceptance), excepting such loss or damage arising from acts or omissions of
the Supplier, its employees, or subcontractors.
30.2 If any loss or damage occurs to the System or any part of the System by reason of:
(a) (insofar as they relate to the country where the Project Site is located)
nuclear reaction, nuclear radiation, radioactive contamination, a pressure
wave caused by aircraft or other aerial objects, or any other occurrences that an
experienced contractor could not reasonably foresee, or if reasonably
foreseeable could not reasonably make provision for or insure against,
In so far as such risks are not normally insurable on
the insurance market.
(b) any use not in accordance with the Contract, by the
Purchaser or any third party;
Conditions Of Contract
71
(c) any use of or reliance upon any design, data, or
specification provided or designated by or on behalf of
the Purchaser, or any such matter for which the
Supplier has disclaimed responsibility in accordance
with GCC Clause 19.1.2,
the Purchaser shall pay to the Supplier all sums payable in respect of the System or
Subsystems that have achieved Operational Acceptance, notwithstanding that the same be
lost, destroyed, or damaged. If the Purchaser requests the Supplier in writing to make
good any loss or damage to the System thereby occasioned, the Supplier shall make good
the same at the cost of the Purchaser in accordance with GCC Clause 33. If the
Purchaser does not request the Supplier in writing to make good any loss or damage to
the System thereby occasioned, the Purchaser shall either request a change in
accordance with GCC Clause 33, excluding the performance of that part of the
System thereby lost, destroyed, or damaged, or, where the loss or damage affects a
substantial part of the System, the Purchaser shall terminate the Contract pursuant
to GCC Clause 35.1.
30.3 The Purchaser shall be liable for any loss of or damage to any Supplier’s
Equipment which the Purchaser has
authorized to locate within the Purchaser's premises for use in fulfillment of Supplier's
obligations under the Contract, except where such loss or damage arises from acts or
omissions of the Supplier, its employees, or subcontractors.
31. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification
31.1 The Supplier and each and every Subcontractor shall abide by the job safety,
insurance, customs, and immigration measures prevalent and laws in force in the
Purchaser’s Country.
31.2 Subject to GCC Clause 31.3, the Supplier shall indemnify and hold harmless the
Purchaser and its employees and officers
from and against any and all losses, liabilities and costs
(including losses, liabilities, and costs incurred in defending
a claim alleging such a liability) that the Purchaser or its
employees or officers may suffer as a result of the death or
injury of any person or loss of or damage to any property
(other than the System, whether accepted or not) arising in
connection with the supply, installation, testing, and
Commissioning of the System and by reason of the
negligence of the Supplier or its Subcontractors, or their
employees, officers or agents, except any injury, death, or
property damage caused by the negligence of the
Purchaser, its contractors, employees, officers, or agents.
31.3 If any proceedings are brought or any claim is made against
the Purchaser that might subject the Supplier to liability
under GCC Clause 31.2, the Purchaser shall promptly give
the Supplier notice of such proceedings or claims, and the
Supplier may at its own expense and in the Purchaser’s
name conduct such proceedings or claim and any
Conditions Of Contract
72
negotiations for the settlement of any such proceedings or
claim. If the Supplier fails to notify the Purchaser within
twenty-eight (28) days after receipt of such notice that it
intends to conduct any such proceedings or claim, then the
Purchaser shall be free to conduct the same on its own
behalf. Unless the Supplier has so failed to notify the
Purchaser within the twenty-eight (28) day period, the
Purchaser shall make no admission that may be prejudicial
to the defense of any such proceedings or claim. The
Purchaser shall, at the Supplier’s request, afford all available
assistance to the Supplier in conducting such proceedings or
claim and shall be reimbursed by the Supplier for all
reasonable expenses incurred in so doing.
31.4 The Purchaser shall indemnify and hold harmless the
Supplier and its employees, officers, and Subcontractors
from any and all losses, liabilities, and costs (including
losses, liabilities, and costs incurred in defending a claim
alleging such a liability) that the Supplier or its employees,
officers, or Subcontractors may suffer as a result of the
death or personal injury of any person or loss of or damage
to property of the Purchaser, other than the System not yet
achieving Operational Acceptance, that is caused by fire,
explosion, or any other perils, in excess of the amount
recoverable from insurances, provided that such fire,
explosion, or other perils were not caused by any act or
failure of the Supplier.
31.5 If any proceedings are brought or any claim is made against
the Supplier that might subject the Purchaser to liability
under GCC Clause 31.4, the Supplier shall promptly give the
Purchaser notice of such proceedings or claims, and the
Purchaser may at its own expense and in the Supplier’s
name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or
claim. If the Purchaser fails to notify the Supplier within
twenty-eight (28) days after receipt of such notice that it
intends to conduct any such proceedings or claim, then the
Supplier shall be free to conduct the same on its own
behalf. Unless the Purchaser has so failed to notify the
Supplier within the twenty-eight (28) days, the Supplier
shall make no admission that may be prejudicial to the
defense of any such proceedings or claim. The Supplier
shall, at the Purchaser’s request, afford all available
assistance to the Purchaser in conducting such proceedings
or claim and shall be reimbursed by the Purchaser for all
reasonable expenses incurred in so doing.
31.6 The party entitled to the benefit of an indemnity under this
Conditions Of Contract
73
GCC Clause 31 shall take all reasonable measures to
mitigate any loss or damage that has occurred. If the party
fails to take such measures, the other party’s liabilities shall
be correspondingly reduced.
Conditions Of Contract
74
32. Force Majeure
32.1 “Force Majeure” shall mean any event beyond the
reasonable control of the Purchaser or of the Supplier, as
the case may be, and which is unavoidable notwithstanding
the reasonable care of the party affected and shall include,
without limitation, the following:
(a) war, hostilities, or warlike operations (whether a state
of war be declared or not), invasion, act of foreign
enemy, and civil war;
(b) rebellion, revolution, insurrection, mutiny, usurpation
of civil or military government, conspiracy, riot, civil
commotion, and terrorist acts;
(c) confiscation, nationalization, mobilization,
commandeering or requisition by or under the order
of any government or de jure or de facto authority or
ruler, or any other act or failure to act of any local
state or national government authority;
(d) earthquake, landslide, volcanic activity, fire, flood or
inundation, tidal wave, typhoon or cyclone, hurricane,
storm, lightning, or other inclement weather
condition, nuclear and pressure waves, or other
natural or physical disaster;
32.2 If either party is prevented, hindered, or delayed from or in
performing any of its obligations under the Contract by an
event of Force Majeure, then it shall notify the other in
writing of the occurrence of such event and the
circumstances of the event of Force Majeure within
fourteen (14) days after the occurrence of such event.
32.3 The party who has given such notice shall be excused from
the performance or punctual performance of its obligations
under the Contract for so long as the relevant event of
Force Majeure continues and to the extent that such party’s
performance is prevented, hindered, or delayed. The Time
for Achieving Operational Acceptance shall be extended in
accordance with GCC Clause 34 (Extension of Time for
Achieving Operational Acceptance).
32.4 The party or parties affected by the event of Force Majeure
shall use reasonable efforts to mitigate the effect of the
event of Force Majeure upon its or their performance of the
Contract and to fulfill its or their obligations under the
Conditions Of Contract
75
Contract, but without prejudice to either party’s right to
terminate the Contract under GCC Clause 32.6.
32.5 No delay or nonperformance by either party to this Contract
caused by the occurrence of any event of Force Majeure
shall:
(a) constitute a default or breach of the Contract;
(b) (subject to GCC Clauses 30.2, 32.3, and 32.4) give rise
to any claim for damages or additional cost or expense
occasioned by the delay or nonperformance,
if, and to the extent that, such delay or nonperformance is
caused by the occurrence of an event of Force Majeure.
32.6 If the performance of the Contract is substantially
prevented, hindered, or delayed for a single period of more
than thirty (30) days or an aggregate period of more than
sixty (60) days on account of one or more events of
Force Majeure during the time period covered by the
Contract, the parties will attempt to develop a mutually
satisfactory solution, failing which, either party may
terminate the Contract by giving a notice to the other.
32.7 In the event of termination pursuant to GCC Clause 38.6,
the rights and obligations of the Purchaser and the Supplier
shall be as specified in GCC Clauses 35.1.2 and 35.1.3.
32.8 Notwithstanding GCC Clause 32.5, Force Majeure shall not
apply to any obligation of the Purchaser to make payments
to the Supplier under this Contract.
H. CHANGE IN CONTRACT ELEMENTS
33. Changes to the System
33.1 Introducing a Change
33.1.1 Subject to GCC Clauses 33.2.5 and 33.2.7, the Purchaser shall have the
right to propose, and subsequently require, the Project Manager to order
the Supplier from time to time during the performance of the
Contract to make any change,
modification, addition, or deletion to, in, or from
the System (interchangeably called “Change”),
provided that such Change falls within the general
Conditions Of Contract
76
scope of the System, does not constitute unrelated
work, and is technically practicable, taking into
account both the state of advancement of the
System and the technical compatibility of the
Change envisaged with the nature of the System as
originally specified in the Contract.
A Change may involve, but is not restricted to, the
substitution of updated Information Technologies
and related Services in accordance with
GCC Clause 20 (Product Upgrades).
33.1.2 The Supplier may from time to time during its
performance of the Contract propose to the
Purchaser (with a copy to the Project Manager) any
Change that the Supplier considers necessary or
desirable to improve the quality or efficiency of the
System. The Purchaser may at its discretion
approve or reject any Change proposed by the
Supplier.
33.1.3 Notwithstanding GCC Clauses 33.1.1 and 33.1.2, no
change made necessary because of any default of
the Supplier in the performance of its obligations
under the Contract shall be deemed to be a Change,
and such change shall not result in any adjustment
of the Contract Price or the Time for Achieving
Operational Acceptance.
33.1.4 The procedure on how to proceed with and execute
Changes is specified in GCC Clauses 33.2 and 33.3,
and further details and sample forms are provided
in the Sample Forms Section in the Bidding
Documents.
33.1.5 Moreover, the Purchaser and Supplier will agree,
during development of the Project Plan, to a date
prior to the scheduled date for Operational
Acceptance, after which the Technical
Requirements for the System shall be “frozen.” Any
Change initiated after this time will be dealt with
after Operational Acceptance.
33.2 Changes Originating from Purchaser
33.2.1 If the Purchaser proposes a Change pursuant to
GCC Clauses 33.1.1, it shall send to the Supplier a
“Request for Change Proposal,” requiring the
Supplier to prepare and furnish to the Project
Manager as soon as reasonably practicable a
Conditions Of Contract
77
“Change Proposal,” which shall include the
following:
(a) brief description of the Change;
(b) impact on the Time for Achieving Operational
Acceptance;
(c) detailed estimated cost of the Change;
(d) effect on Functional Guarantees (if any);
(e) effect on any other provisions of the Contract.
33.2.2 Prior to preparing and submitting the “Change
Proposal,” the Supplier shall submit to the Project
Manager an “Change Estimate Proposal,” which
shall be an estimate of the cost of preparing the
Change Proposal, plus a first approximation of the
suggested approach and cost for implementing the
changes. Upon receipt of the Supplier’s Change
Estimate Proposal, the Purchaser shall do one of
the following:
(a) accept the Supplier’s estimate with instructions
to the Supplier to proceed with the preparation
of the Change Proposal;
(b) advise the Supplier of any part of its Change
Estimate Proposal that is unacceptable and
request the Supplier to review its estimate;
(c) advise the Supplier that the Purchaser does not
intend to proceed with the Change.
33.2.3 Upon receipt of the Purchaser’s instruction to
proceed under GCC Clause 33.2.2 (a), the Supplier
shall, with proper expedition, proceed with the
preparation of the Change Proposal, in accordance
with GCC Clause 33.2.1. The Supplier, at its
discretion, may specify a validity period for the
Change Proposal, after which if the Purchaser and
Supplier has not reached agreement in accordance
with GCC Clause 33.2.6, then GCC Clause 33.2.7
shall apply.
33.2.4 The pricing of any Change shall, as far as
practicable, be calculated in accordance with the
rates and prices included in the Contract. If the
nature of the Change is such that the Contract rates
and prices are inequitable, the parties to the
Contract shall agree on other specific rates to be
Conditions Of Contract
78
used for valuing the Change.
33.2.5 If before or during the preparation of the Change
Proposal it becomes apparent that the aggregate
impact of compliance with the Request for Change
Proposal and with all other Change Orders that
have already become binding upon the Supplier
under this GCC Clause 33 would be to increase or
decrease the Contract Price as originally set forth in
(Contract Price) of the Contract Agreement by more
than fifteen (15) percent, the Supplier may give a
written notice of objection to this Request for
Change Proposal prior to furnishing the Change
Proposal. If the Purchaser accepts the Supplier’s
objection, the Purchaser shall withdraw the
proposed Change and shall notify the Supplier in
writing of its acceptance.
The Supplier’s failure to so object to a Request for
Change Proposal shall neither affect its right to
object to any subsequent requested Changes or
Change Orders, nor affect its right to take into
account, when making such subsequent objection,
the percentage increase or decrease in the Contract
Price that any Change not objected to by the
Supplier represents.
33.2.6 Upon receipt of the Change Proposal, the Purchaser
and the Supplier shall mutually agree upon all
matters contained in the Change Proposal. Within
fourteen (14) days after such agreement, the
Purchaser shall, if it intends to proceed with the
Change, issue the Supplier a Change Order. If the
Purchaser is unable to reach a decision within
fourteen (14) days, it shall notify the Supplier with
details of when the Supplier can expect a decision.
If the Purchaser decides not to proceed with the
Change for whatever reason, it shall, within the said
period of fourteen (14) days, notify the Supplier
accordingly. Under such circumstances, the
Supplier shall be entitled to reimbursement of all
costs reasonably incurred by it in the preparation of
the Change Proposal, provided that these do not
exceed the amount given by the Supplier in its
Change Estimate Proposal submitted in accordance
with GCC Clause 33.2.2.
33.2.7 If the Purchaser and the Supplier cannot reach
agreement on the price for the Change, an
Conditions Of Contract
79
equitable adjustment to the Time for Achieving
Operational Acceptance, or any other matters
identified in the Change Proposal, the Change will
not be implemented. However, this provision does
not limit the rights of either party under GCC
Clause 5 (Settlement of Disputes).
Conditions Of Contract
80
33.3 Changes Originating from Supplier
If the Supplier proposes a Change pursuant to GCC
Clause 33.1.2, the Supplier shall submit to the Project
Manager a written “Application for Change Proposal,” giving
reasons for the proposed Change and including the
information specified in GCC Clause 33.2.1. Upon receipt of
the Application for Change Proposal, the parties shall follow
the procedures outlined in GCC Clauses 33.2.6 and 33.2.7.
However, should the Purchaser choose not to proceed or
the Purchaser and the Supplier cannot come to agreement
on the change during any validity period that the Supplier
may specify in its Application for Change Proposal, the
Supplier shall not be entitled to recover the costs of
preparing the Application for Change Proposal, unless
subject to an agreement between the Purchaser and the
Supplier to the contrary.
34. Extension of Time for Achieving
34.1 The time(s) for achieving Operational Acceptance specified in the Schedule of
Implementation shall be extended if the Operational Acceptance
Supplier is delayed or impeded in the performance of any of its obligations under the
Contract by reason of any of the following:
(a) any Change in the System as provided in GCC Clause 33 (Change in the
Information System);
(b) any occurrence of Force Majeure as provided in GCC Clause 32 (Force Majeure);
(c) default of the Purchaser; or
(d) any other matter specifically mentioned in the
Contract;
by such period as shall be fair and reasonable in all the circumstances and as
shall fairly reflect the delay or impediment sustained by the Supplier.
34.2 Except where otherwise specifically provided in the Contract, the Supplier shall
submit to the Project Manager a notice of a claim for an extension of the time for
achieving Operational Acceptance, together with particulars of the event or
circumstance justifying such extension as soon as reasonably practicable after the
commencement of such event or circumstance. As soon as reasonably practicable
Conditions Of Contract
81
after receipt of such notice and supporting particulars of the claim, the Purchaser and
the Supplier shall agree upon the period of such extension. In the event that
the Supplier does not accept the Purchaser’s estimate of a fair and reasonable
time extension, the Supplier shall be entitled to refer the matter to the provisions
for the Settlement of Disputes pursuant to GCC Clause 5.
34.3 The Supplier shall at all times use its reasonable efforts to minimize any delay in the
performance of its obligations under the Contract.
35. Termination
35.1 Termination for Purchaser’s Convenience
35.1.1 The Purchaser may at any time terminate the
Contract for any reason by giving the Supplier a
notice of termination that refers to this GCC
Clause 35.1.
35.1.2 Upon receipt of the notice of termination under
GCC Clause 35.1.1, the Supplier shall either as soon
as reasonably practical or upon the date specified in
the notice of termination
(a) cease all further work, except for such work as
the Purchaser may specify in the notice of
termination for the sole purpose of protecting
that part of the System already executed, or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to GCC
Clause 35.1.2 (d) (ii) below;
(c) remove all Supplier’s Equipment from the site,
repatriate the Supplier’s and its Subcontractors’
personnel from the site, remove from the site
any wreckage, rubbish, and debris of any kind;
(d) in addition, the Supplier, subject to the payment
specified in GCC Clause 35.1.3, shall
(i) deliver to the Purchaser the parts of the
System executed by the Supplier up to the
date of termination;
(ii) to the extent legally possible, assign to the
Purchaser all right, title, and benefit of the
Conditions Of Contract
82
Supplier to the System, or Subsystem, as
at the date of termination, and, as may be
required by the Purchaser, in any
subcontracts concluded between the
Supplier and its Subcontractors;
(iii) deliver to the Purchaser all nonproprietary
drawings, specifications, and other
documents prepared by the Supplier or its
Subcontractors as of the date of
termination in connection with the
System.
35.1.3 In the event of termination of the Contract under
GCC Clause 35.1.1, the Purchaser shall pay to the
Supplier the following amounts:
(a) the Contract Price, properly attributable to the
parts of the System executed by the Supplier as
of the date of termination;
(b) the costs reasonably incurred by the Supplier in
the removal of the Supplier’s Equipment from
the site and in the repatriation of the Supplier’s
and its Subcontractors’ personnel;
(c) costs incurred by the Supplier in protecting the
System and leaving the site in a clean and safe
condition pursuant to GCC Clause 35.1.2 (a); and
35.2 Termination for Supplier’s Default
35.2.1 The Purchaser, without prejudice to any other
rights or remedies it may possess, may terminate
the Contract forthwith in the following
circumstances by giving a notice of termination
and its reasons therefore to the Supplier, referring
to this GCC Clause 35.2:
(a) if the Supplier becomes bankrupt or insolvent,
has a receiving order issued against it,
compounds with its creditors, or, if the Supplier
is a corporation, a resolution is passed or order
is made for its winding up (other than a
voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is
appointed over any part of its undertaking or
assets, or if the Supplier takes or suffers any
other analogous action in consequence of debt;
Conditions Of Contract
83
(b) if the Supplier assigns or transfers the Contract
or any right or interest therein in violation of
Conditions Of Contract
84
the provision of GCC Clause 36 (Assignment); or
(c) if the Supplier, in the judgment of the
Purchaser, has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices, in
competing for or in executing the Contract,
including but not limited to willful
misrepresentation of facts concerning
ownership of Intellectual Property Rights in, or
proper authorization and/or licenses from the
owner to offer, the hardware, software, or
materials provided under this Contract.
For the purposes of this Clause:
(i) “corrupt practice”1 is the offering, giving,
receiving or soliciting, directly or
indirectly, of anything of value to
influence improperly the actions of
another party;
(ii) “fraudulent practice” 2 is any act or
omission, including a misrepresentation,
that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a
financial or other benefit or to avoid an
obligation;
(iii) “collusive practice” 3 is an arrangement
between two or more parties designed to
achieve an improper purpose, including
to influence improperly the actions of
another party;
(iv) “coercive practice” 4 is impairing or
harming, or threatening to impair or
1 “Another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes MCIT staff and employees of other organizations taking or reviewing procurement decisions.
2 A “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution.
3 “Parties” refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels.
4 A “party” refers to a participant in the procurement process or contract execution
Conditions Of Contract
85
harm, directly or indirectly, any party or
the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa) deliberately destroying, falsifying,
altering or concealing of evidence
material to the investigation or
making false statements to
investigators in order to materially
impede AFTEL investigation into
allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or
threatening, harassing or
intimidating any party to prevent it
from disclosing its knowledge of
matters relevant to the investigation
or from pursuing the investigation;
or
(bb) acts intended to materially impede
the exercise of AFTEL’s inspection
and audit rights .
35.2.2 If the Supplier:
(a) has abandoned or repudiated the Contract;
(b) has without valid reason failed to commence
work on the System promptly;
(c) persistently fails to execute the Contract in
accordance with the Contract or persistently
neglects to carry out its obligations under the
Contract without just cause;
(d) refuses or is unable to provide sufficient
Materials, Services, or labor to execute and
complete the System in the manner specified in
the Agreed and Finalized Project Plan furnished
under GCC Clause 18 at rates of progress that
give reasonable assurance to the Purchaser that
the Supplier can attain Operational Acceptance
of the System by the Time for Achieving
Operational Acceptance as extended;
then the Purchaser may, without prejudice to any
other rights it may possess under the Contract, give
a notice to the Supplier stating the nature of the
default and requiring the Supplier to remedy the
Conditions Of Contract
86
same. If the Supplier fails to remedy or to take
steps to remedy the same within fourteen (14) days
of its receipt of such notice, then the Purchaser may
terminate the Contract forthwith by giving a notice
of termination to the Supplier that refers to this
GCC Clause 35.2.
35.2.3 Upon receipt of the notice of termination under
GCC Clauses 35.2.1 or 35.2.2, the Supplier shall,
either immediately or upon such date as is specified
in the notice of termination:
(a) cease all further work, except for such work as
the Purchaser may specify in the notice of
termination for the sole purpose of protecting
that part of the System already executed or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to GCC
Clause 35.2.3 (d) below;
(c) deliver to the Purchaser the parts of the System
executed by the Supplier up to the date of
termination;
(d) to the extent legally possible, assign to the
Purchaser all right, title and benefit of the
Supplier to the System or Subsystems as at the
date of termination, and, as may be required by
the Purchaser, in any subcontracts concluded
between the Supplier and its Subcontractors;
(e) deliver to the Purchaser all drawings,
specifications, and other documents prepared
by the Supplier or its Subcontractors as at the
date of termination in connection with the
System.
35.2.4 The Purchaser may enter upon the site, expel the
Supplier, and complete the System itself or by
employing any third party. Upon completion of the
System or at such earlier date as the Purchaser
thinks appropriate, the Purchaser shall give notice
to the Supplier that such Supplier’s Equipment will
be returned to the Supplier at or near the site and
shall return such Supplier’s Equipment to the
Supplier in accordance with such notice. The
Supplier shall thereafter without delay and at its
cost remove or arrange removal of the same from
Conditions Of Contract
87
the site.
35.2.5 Subject to GCC Clause 35.2.6, the Supplier shall be
entitled to be paid the Contract Price attributable to
the portion of the System executed as at the date of
termination and the costs, if any, incurred in
protecting the System and in leaving the site in a
clean and safe condition pursuant to GCC
Clause 35.2.3 (a). Any sums due the Purchaser from
the Supplier accruing prior to the date of
termination shall be deducted from the amount to
be paid to the Supplier under this Contract.
35.2.6 If the Purchaser completes the System, the cost of
completing the System by the Purchaser shall be
determined. If the sum that the Supplier is entitled
to be paid, pursuant to GCC Clause 35.2.5, plus the
reasonable costs incurred by the Purchaser in
completing the System, exceeds the Contract Price,
the Supplier shall be liable for such excess. If such
excess is greater than the sums due the Supplier
under GCC Clause 35.2.5, the Supplier shall pay the
balance to the Purchaser.
35.3 Termination by Supplier
35.3.1 If:
(a) the Purchaser has failed to pay the Supplier any
sum due under the Contract within the specified
period, has failed to approve any invoice or
supporting documents without just cause
pursuant to the SCC, or commits a substantial
breach of the Contract, the Supplier may give a
notice to the Purchaser that requires payment
of such sum, with interest on this sum,
requires approval of such invoice or
supporting documents, or specifies the breach
and requires the Purchaser to remedy the
same, as the case may be. If the Purchaser fails
to pay such sum together with such interest,
fails to approve such invoice or supporting
documents or give its reasons for withholding
such approval, fails to remedy the breach or
take steps to remedy the breach within
fourteen (14) days after receipt of the
Supplier’s notice; or
(b) the Supplier is unable to carry out any of its
obligations under the Contract for any reason
attributable to the Purchaser, including but not
Conditions Of Contract
88
limited to the Purchaser’s failure to provide
possession of or access to the site.
then the Supplier may give a notice to the
Purchaser of such events, and if the Purchaser has
failed to pay the outstanding sum, to approve the
invoice or supporting documents, to give its reasons
for withholding such approval, or to remedy the
breach within twenty-eight (28) days of such notice,
or if the Supplier is still unable to carry out any of its
obligations under the Contract for any reason
attributable to the Purchaser within twenty-eight
(28) days of the said notice, the Supplier may by a
further notice to the Purchaser referring to this GCC
Clause 35.3.1, forthwith terminate the Contract.
35.3.2 The Supplier may terminate the Contract
immediately by giving a notice to the Purchaser to
that effect, referring to this GCC Clause 35.3.2, if
the Purchaser becomes bankrupt or insolvent, has a
receiving order issued against it, compounds with
its creditors, or, being a corporation, if a resolution
is passed or order is made for its winding up (other
than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is
appointed over any part of its undertaking or
assets, or if the Purchaser takes or suffers any other
analogous action in consequence of debt.
35.3.3 If the Contract is terminated under GCC
Clauses 35.3.1 or 35.3.2, then the Supplier shall
immediately:
(a) cease all further work, except for such work as
may be necessary for the purpose of protecting
that part of the System already executed, or any
work required to leave the site in a clean and
safe condition;
(b) terminate all subcontracts, except those to be
assigned to the Purchaser pursuant to
Clause 35.3.3 (d) (ii);
(c) remove all Supplier’s Equipment from the site
and repatriate the Supplier’s and its
Subcontractor’s personnel from the site.
(d) In addition, the Supplier, subject to the payment
specified in GCC Clause 35.3.4, shall:
(i) deliver to the Purchaser the parts of the
Conditions Of Contract
89
System executed by the Supplier up to the
date of termination;
(ii) to the extent legally possible, assign to the
Purchaser all right, title, and benefit of the
Supplier to the System, or Subsystems, as
of the date of termination, and, as may be
required by the Purchaser, in any
subcontracts concluded between the
Supplier and its Subcontractors;
(iii) to the extent legally possible, deliver to
the Purchaser all drawings, specifications,
and other documents prepared by the
Supplier or its Subcontractors as of the
date of termination in connection with the
System.
35.3.4 If the Contract is terminated under GCC
Clauses 35.3.1 or 35.3.2, the Purchaser shall pay to
the Supplier all payments specified in GCC
Clause 35.1.3, and reasonable compensation for all
loss, except for loss of profit, or damage sustained
by the Supplier arising out of, in connection with, or
in consequence of such termination.
35.3.5 Termination by the Supplier pursuant to this GCC
Clause 35.3 is without prejudice to any other rights
or remedies of the Supplier that may be exercised
in lieu of or in addition to rights conferred by GCC
Clause 35.3.
35.4 In this GCC Clause 35, the expression “portion of the System
executed” shall include all work executed, Services
provided, and all Information Technologies, or other Goods
acquired (or subject to a legally binding obligation to
purchase) by the Supplier and used or intended to be used
for the purpose of the System, up to and including the date
of termination.
35.5 In this GCC Clause 35, in calculating any monies due from
the Purchaser to the Supplier, account shall be taken of any
sum previously paid by the Purchaser to the Supplier under
the Contract, including any advance payment paid pursuant
to the SCC.
36. Assignment
36.l Neither the Purchaser nor the Supplier shall, without the
express prior written consent of the other, assign to any
Conditions Of Contract
90
third party the Contract or any part thereof, or any right,
benefit, obligation, or interest therein or thereunder, except
that the Supplier shall be entitled to assign either absolutely
or by way of charge any monies due and payable to it or
that may become due and payable to it under the Contract.
Conditions Of Contract
91
Conditions Of Contract
92
SPECIAL CONDITIONS OF CONTRACT
(SCC)
Special Conditions of Contract
The following Special Conditions of Contract (SCC) shall supplement or amend the
General Conditions of Contract (GCC). Whenever there is a conflict, the provisions of the
SCC shall prevail over those in the General Conditions of Contract. For the purposes of
clarity, any referenced GCC clause numbers are indicated in the left column of the SCC.
Note: The following are sample clauses. The Purchaser/supplier may complete, modify, add, or
delete the following sample SCC clauses as appropriate at the time of contract negotiation.
A. CONTRACT AND INTERPRETATION
1. Definitions (GCC Clause 1)
GCC 1.1 (a) (ix) The applicable edition of the Procurement Guidelines is dated: April,
2009.
GCC 1.1 (b) (i) The Purchaser is: Afghan Telecom, Islamic Republic of
Afghanistan.
GCC 1.1 (b) (ii) The Project Manager is: Jabir Sarfaraz, Chief Information Officer, Afghan
Telecom.
GCC 1.1 (e) (i) The Purchaser’s Country is: Islamic Republic of Afghanistan.
GCC 1.1 (e) (iii) The Project Sites are: Afghan Telecom, Kabul, Afghanistan.
GCC 1.1 (e) (x) The Contract shall continue in force until the Information System and all
the Services have been provided unless the Contract is terminated
earlier in accordance with the terms set out in the Contract.
Conditions Of Contract
93
GCC 1.1. (e) (xii) The Post-Warranty Services Period is 12 months starting with the
completion of the Warranty Period.
Conditions Of Contract
94
2. Interpretation (GCC Clause2)
GCC2.1.1 The Contract's
governing language is
English with
translation in one of
the local language
Pashto/Dari.
3. Notices (GCC Clause 3)
GCC 3.3 Address of the Project Manager: CIO Office, 4th Floor, Afghan Telecom,
Post Parcel building, Kabul. [email protected].
4. Governing Law (GCC Clause 4)
GCC 4.1 The Contract shall be interpreted in accordance with the laws of:
Islamic Republic of Afghanistan
5. Settlement of Disputes (GCC Clause 5)
GCC 5.1.4 The Appointing Authority for the Adjudicator is: not applicable.
Conditions Of Contract
95
GCC 5.2.3 If the Supplier is foreign (including a Joint Venture when at least one
partner is foreign), the Contract shall contain the following
provision: Arbitration proceedings shall be conducted in
accordance with the rules of arbitration of the International
Chamber of Commerce (ICC) These rules, in the version in force
at the time of the request for arbitration, will be deemed to
form part of this Contract.
If the Supplier is a national of the Purchaser's country, the Contract
shall contain the following provision: Any dispute between the
Purchaser and a Supplier arising in connection with the present
Contract shall be referred to arbitration in accordance with the
laws of the Purchaser’s country.
Conditions Of Contract
96
B. SUBJECT MATTER OF CONTRACT
6. Scope of the System (GCC Clause 6)
GCC 6.3 The Supplier’s obligations under the Contract will include the following
recurrent cost items, as identified in the Recurrent Cost tables in
the Supplier’s Bid:
The Supplier agrees to supply spare parts required for the operation and
maintenance of the System, as stated below, for the 12 months
beginning with Operational Acceptance. Moreover, the price of such
spare parts shall be those specified in the spare parts price schedule
submitted by the Suppler as part of its bid. These prices shall
include the purchase price for such spare parts and other costs and
expenses (including the Supplier’s fees) relating to the supply of spare
parts
7. Time for Commencement and Operational Acceptance (GCC Clause 7)
GCC 7.1 The Supplier shall commence work on the System within: 30 days of
days from the Effective Date of the Contract.
GCC 7.2 Operational Acceptance will occur on or before: Operational Acceptance
date consistent with the Implementation Schedule
8. Supplier’s Responsibilities (GCC Clause 8)
GCC 8 There are no Special Conditions of Contract applicable
Conditions Of Contract
97
9. Purchaser’s Responsibilities (GCC Clause 9)
GCC 9 There are no Special Conditions of Contract applicable to GCC Clause9
C. PAYMENT
10. Contract Price (GCC Clause 10)
GCC 10.2 (b) Adjustments to the Contract Price shall be as follows: after the
calculation if the purchaser wants to remove certain items or
increase/decrease quantity of certain items then the price will be
adjusted accordingly.
Conditions Of Contract
98
11. Terms of Payment (GCC Clause 11)
GCC 11.1 The Details on Annexture 2
Conditions Of Contract
99
GCC 11.2 There are no Special Conditions of Contract applicable to GCC Clause
12.3.
GCC 11.3 For Goods and Services supplied locally, the Purchaser will pay the
Supplier in the currency stated in the Contract Agreement and
the Price Schedules it refers to.
The Supplier will invoice the Purchaser in the currency used in the
Contract Agreement and the Price Schedules it refers to, for
Goods and Services supplied locally, and the conversion
between this currency and Afghani for payment purposes - in
case the two currencies are different - will be made as of the
actual payment date using the exchange rate found in Herald
Tribune.
GCC 11.4 Payment for Goods supplied from outside the Purchaser’s Country shall
be in the form of: a confirmed, irrevocable, divisible, and
transferable Letter of Credit.
Conditions Of Contract
100
12. Securities (GCC Clause 12)
GCC 12.2.1 The Performance Security shall be denominated in US Dollars for an
amount equal to 10 percent of the Contract Price, excluding any
Recurrent Costs.
GCC 12.2.4 During the Warranty Period (i.e., after Operational Acceptance of the
System), the Performance Security shall be reduced to 5 percent
of the Contract Price, excluding any Recurrent Costs.
13. Taxes and Duties (GCC Clause 13)
GCC 13 For Goods or Services supplied from outside and inside the Purchaser’s
country, the Supplier shall be entirely responsible for all taxes, stamp
duties, license fees, and other such levies imposed outside and inside
the Purchaser’s country.
D. INTELLECTUAL PROPERTY
14. Copyright (GCC Clause 14)
GCC 14.3 Trademarks included in any software or on any equipment or
documentation delivered hereunder shall not be altered,
hidden or removed from the software, equipment or
documentation. The trademarks are exclusively owned by
Supplier and/or Supplier’s vendors and no other party shall
represent that it has any right, title or interest in or to the
trademarks. Purchaser agrees not to register, and agrees to
obtain the agreement of its end-user(s) not to register, any
trademarks. Upon Supplier’s request from time to time,
Purchaser agrees to provide Supplier with copies of statements
made by Purchaser bearing trademarks so that Supplier can
verify that the quality of Purchaser’s use of such trademarks is
comparable to that of the Supplier’s use. Purchaser shall
suspend use of Supplier’s trademarks if such quality is
reasonably deemed inferior by Supplier until Purchaser has
taken such steps as Supplier may reasonably require to solve
Conditions Of Contract
101
the quality deficiencies.
15. Software License Agreements (GCC Clause 15)
GCC 15.1 (a) (ii) The Standard Software license shall be valid: throughout the territory of
the Purchaser’s Country.
GCC 15.1 (a) (iii) Use of the software shall be subject to the following additional
restrictions: None
GCC 15.1 (b) (ii) The Software license shall permit the Software to be used or copied for
use or transferred to a replacement computer provided the
replacement computer falls within approximately the same class
of machine and maintains approximately the same number of users, if a
multi-user machine. GCC 15.1 (b) (vi) The Software license shall permit the Software to be disclosed to and
reproduced for use (including a valid sublicense) by subject to the same
restrictions set forth in this Contract clause GCC 15.4. GCC 15.1 (b) (vii) In addition to the persons specified in GCC Clause 16.1 (b) (vi), the
Software may be disclosed to, and reproduced for use by,
employees and customers of Ministry of Communications and IT,
Ministry of Interior of Islamic republic of Afghanistan subject to the same GCC 15.2 The Supplier’s right to audit the Standard Software will be subject to the
following terms: none
16. Confidential Information (GCC Clause 16)
GCC 16.1 State: here are no modifications to the confidentiality terms expressed
in GCC Clause 17.1
GCC 16.7 The provisions of this GCC Clause 17 shall survive the termination, for
whatever reason, of the Contract for the period specified in the
GCC.
Conditions Of Contract
102
E. SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND ACCEPTANCE OF THE SYSTEM
17. Representatives (GCC Clause 17)
GCC 17.1 The Purchaser’s Project Manager shall have the following additional
powers and / or limitations to his or her authority to represent
the Purchaser in matters relating to the Contract: will have full
authority to approve, change, amend, and instruct any sections
of the contract in mutual agreement with the supplier.
GCC 17.2.2
The Supplier’s Representative shall have the following additional
powers and / or limitations to his or her authority to represent
the Supplier in matters relating to the Contract: no additional
powers or limitations.
Conditions Of Contract
103
18. Project Plan (GCC Clause 18)
GCC 18.1 Chapters in the Project Plan shall address the following subject:
(a) Project Organization and Management Plan;
(b) Delivery and Installation Plan
(c) Training Plan
(d) Pre-commissioning and Operational Acceptance Testing
Plan
(e) Warranty Service Plan
(f) Task, Time, and Resource Schedules
(g) Post-Warranty Service Plan (if applicable)
(h) Technical Support Plan (if applicable)
Further details regarding the required contents of each of the
above chapters are contained in the Technical Requirements,
Section IV.
Conditions Of Contract
104
GCC 18.2 Within 30 days from the Effective Date of the Contract, the Supplier
shall present a Project Plan to the Purchaser. The Purchaser
shall, within 14 days of receipt of the Project Plan, notify the
Supplier of any respects in which it considers that the Project
Plan does not adequately ensure that the proposed program of
work, proposed methods, and/or proposed Information
Technologies will satisfy the Technical Requirements and/or the
SCC (in this Clause 19.2 called “non-conformities” below). The
Supplier shall, within 6 days of receipt of such notification,
correct the Project Plan and resubmit to the Purchaser. The
Purchaser shall, within 6 days of resubmission of the Project
Plan, notify the Supplier of any remaining non-conformities. This
procedure shall be repeated as necessary until the Project Plan is
free from non-conformities. When the Project Plan is free from
non-conformities, the Purchaser shall provide confirmation in
writing to the Supplier. This approved Project Plan (“the Agreed
and Finalized Project Plan”) shall be contractually binding on the
Purchaser and the Supplier.
GCC 18.5 The Supplier shall submit to the Purchaser the following reports:
(a) Monthly (Quarterly) progress reports, summarizing: (i)
results accomplished during the prior period;
Conditions Of Contract
105
(ii) cumulative deviations to date from schedule of
progress milestones as specified in the Agreed and
Finalized Project Plan;
(iii) corrective actions to be taken to return to planned
schedule of progress; proposed revisions to
planned schedule;
(iv) other issues and outstanding problems;
proposed actions to be taken;
(v) resources that the Supplier expects to be provided
by the Purchaser and/or actions to be taken by
the Purchaser in the next reporting period;
(vi) other issues or potential problems the Supplier
foresees that could impact on project progress
and/or effectiveness.
(vii) inspection and quality assurance reports
(viii) training participants test results
(ix) monthly log of service calls and problem resolutions
19. Design and Engineering (GCC Clause 19)
GCC 19.2 The Contract shall be executed in accordance with the edition or the
revised version of all referenced codes and standards current at the
date as specified in the GCC.
GCC 19.3.1 The Supplier shall prepare and furnish to the Project Manager the
following documents for which the Supplier must obtain the
Project Manager’s approval before proceeding with work on the
System or any Subsystem covered by the documents
(i) detailed site surveys;
(ii) final Subsystem configurations; (ii)
and such others
Conditions Of Contract
106
20. Product Upgrades (GCC Clause 20)
GCC 20.4 The Supplier shall provide the Purchaser with all new versions,
releases, and updates to all Standard Software during the
Warranty Period, for free, as specified in the GCC.
21. Inspections and Tests (GCC Clause 21)
GCC 21 There are no Special Conditions of Contract applicable to GCC Clause 21.
22. Installation of the System (GCC Clause 22)
GCC 22 There are no Special Conditions of Contract applicable to GCC Clause 22.
23. Commissioning and Operational Acceptance (GCC Clause 23)
GCC 23.2.1 Operational Acceptance Testing shall be conducted in accordance with
System or the Subsystems, the tests, the test procedures, and
the required results for acceptance.
GCC 23.2.2 If the Operational Acceptance Test of the System, or Subsystem(s),
cannot be successfully completed within 90 days from the date
of Installation or any other period agreed upon by the Purchaser
and the Supplier, then GCC Clause 23.3.5 (a) or (b) shall apply, as
the circumstances may dictate.
F. GUARANTEES AND LIABILITIES
Conditions Of Contract
107
24. Operational Acceptance Time Guarantee (GCC Clause 24)
GCC 24.2 Liquidated damages shall be assessed at 0.5 percent per week. The
maximum liquidated damages are 5 percent of the Contract
Price, or relevant part of the Contract Price if the liquidated
damages apply to a Subsystem.
GCC 24.3 Liquidated damages shall be assessed only with respect to achieving
Operational Acceptance.
25. Defect Liability (GCC Clause 25)
GCC 25.1 There are no Special Conditions of Contract applicable to GCC Clause
25.1.
GCC 25.3 (iii) The Supplier warrants that the following items have been released to the
market for the following specific minimum time periods: No
specific minimum time requirements are established for this
Contract other than that the Information Technologies must have
been previously released to the market.
GCC 25.4 The Warranty Period (N) shall begin from the date of Final Acceptance
of the System or Subsystem and extend for 12 months.
GCC 25.10 During the Warranty Period, the Supplier must commence the work
necessary to remedy defects or damage immediately
Conditions Of Contract
108
26. Functional Guarantees (GCC Clause 26)
GCC 26 There are no Special Conditions of Contract applicable to GCC Clause 26.
27. Intellectual Property Rights Warranty (GCC Clause 27)
GCC 27
Supplier warrants that Supplier will not knowingly infringe on the copyright or trade secrets of any third party in performing services under this agreement. To the extent any material used by Supplier contains matter proprietary to third party, contractor shall obtain a license from the owner permitting the use of such matter and granting contractor the right to sub-license its use.
If any third party brings a lawsuit or proceeding against
purchaser based upon a claim that the software
breaches the third party’s patent, copyright or
trade secrets rights, and it is determined that
such infringement has occurred, contractor
shall hold customer harmless against any
loss, damage, expense or cost, including
reasonable attorney fees, arising from the claim.
This indemnification obligation shall be effective only if:
• The third party intellectual property rights
involved were known to contractor prior to delivery
of the software • Supplier has make all payments
required by this agreement
• Supplier has given prompt notice of the claim
and permitted contractor to defend, and
• The claim does not result from customer’s
modification of the software.
To reduce or mitigate damages, contractor may at
its own expense replace the software with a
non-infringing product.
Conditions Of Contract
109
28.Limitation of Liability (GCC Clause 28)
GCC 28 There are no Special Conditions of Contract applicable to GCC Clause
28
G. RISK DISTRIBUTION
29. Transfer of Ownership (GCC Clause 29)
GCC 29 There are no Special Conditions of Contract applicable to GCC Clause 29.
30. Care of the System (GCC Clause 30)
GCC 30 There are no Special Conditions of Contract applicable to GCC Clause30
31. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification (GCC Clause 31)
GCC 31 There are no Special Conditions of Contract applicable to GCC Clause
31.
32. Force Majeure (GCC Clause 32)
GCC 32 There are no Special Conditions of Contract applicable to GCC Clause
32.
H. CHANGE IN CONTRACT ELEMENTS
Conditions Of Contract
110
33. Changes to the System (GCC Clause 33)
GCC 33 There are no Special Conditions of Contract applicable to GCC Clause
39.
34. Extension of Time for Achieving Operational Acceptance (GCC Clause 34)
GCC 34 There are no Special Conditions of Contract applicable to GCC Clause 34
35. Termination (GCC Clause 35)
GCC 35 There are no Special Conditions of Contract applicable to GCC Clause
36. Assignment (GCC Clause 36)
GCC 36 There are no Special Conditions of Contract applicable to GCC Clause 36
Licenses Requirements
111
Our requirements for licenses
Current
No Service No of licenses
1 PSTN 150000
2 Wimax 1000
3 VSAT 5000
4 GSM and 3G 500000
Future
No Service No of licenses
1 GSM and 3G 2000000
2 PSTN 500000
3 Wimax 1000
4 VSAT 10000
Technical Requirements
112
Table of Contents
General requirements ............................................................................................................................................................................... 113
Platform ................................................................................................................................................................................................... 114
Technical architecture .............................................................................................................................................................................. 123
Interface and integration ......................................................................................................................................................................... 124
Monitoring and fault reporting ................................................................................................................................................................. 129
Data management ................................................................................................................................................................................... 132
Encryption and security ............................................................................................................................................................................ 135
Web environment .................................................................................................................................................................................... 139
Support and maintenance......................................................................................................................................................................... 141
Mediation ................................................................................................................................................................................................ 144
Interconnect and whole sale ..................................................................................................................................................................... 153
Products and services ............................................................................................................................................................................... 160
Distribution channels ................................................................................................................................................................................ 164
Customer, account and credit MGT ........................................................................................................................................................... 165
Tariff and charges ..................................................................................................................................................................................... 168
Charging and balance control .................................................................................................................................................................... 174
Rates and rating ....................................................................................................................................................................................... 186
Fees & Taxes............................................................................................................................................................................................. 195
Pkgs, Discounts & Promotions .................................................................................................................................................................. 198
Invoices & Billing ...................................................................................................................................................................................... 202
Payments & Credits .................................................................................................................................................................................. 215
Reporting ................................................................................................................................................................................................. 221
Time to Market......................................................................................................................................................................................... 223
Technical Requirements
113
CBS Technical Requirement
1 General Requirements FC/PC/NC+NP/P OB/MOD Comments
1.1
Minimum Requirements
Vendor asserts that its solution:
1.1.1 Is an end-to-end convergent billing and charging system (CBS)
1.1.2 Supports pre- and post-paid subscribers
1.1.3 Supports retail and wholesale billing arrangements
1.1.4 Supports interconnection settlement and carrier billing
1.1.5 Complies with TM Forum standards
1.1.6 Provide unified Rating Engine for charging/billing
1.2
Executive Summary
Provide an Executive Summary of your solution, including, at a minimum:
1.2.1 Your understanding of the requirements
1.2.2 Your experience in meeting the requirements
1.2.3 A high-level overview of your solution
1.2.4
A description of components of your solution and whether they are mandatory or optional
1.2.5 Key features, advantages, and benefits of your solution
1.2.6 An overview of the expected project timeline, milestones, and deliverables
1.2.7 The availability of support remotely, locally, regionally, and otherwise
1.2.8 Differentiating factors and competitive strengths
Technical Requirements
114
1.3
Overview of Architectures
Provide a description and explanation of your solution's architecture, including:
1.3.1 Hardware architecture
1.3.2 Logical model architecture
1.3.3 Tarriff/product/package architecture
1.3.4 Customer/subscriber/account architecture
1.4
Partners and Third Parties
Describe all partners and third parties involved in the solution, including:
1.4.1 Company name and country
1.4.2 Relationship and role(s)
1.4.3 Primary and secondary responsibilities
1.4.4 Duration of working relationship
1.4.5 Any other material information
1.5
Product Road Map; Research and Development (R&D)
Describe your product road map for the next:
1.5.1 Three (3) years
1.5.2 Five (5) years
1.5.3 Ten (10) years
1.5.4 Vendor has R&D capability of CMMI Level 4 or higher
1.5.5
Vendor's partners and third-party providers have R&D capabilities of CMMI Level 4 or higher
2 Platform FC/PC/NC+NP/P OB/MOD Comments
2.1
Platform Components
Vendor asserts its solution:
2.1.1 Offers a customer billing system
2.1.2 Offers a mediation system
Technical Requirements
115
2.1.3 Offers a unified Rating engine for online/offline/batch
2.1.4 Offers an online charging gateway (OCG)
2.1.5 Offers a universal voucher center (UVC)
2.1.6 Supports invoice creation, presentment, and printing
2.1.7 Offers a customer relationship management (CRM) system
2.1.8 Offers a customer care system
2.1.9 Offers a service order/provisioning system
2.1.10 Offers an interconnect settlement/carrier billing system
2.1.11 Offers a fraud management system
2.1.12 Offers a revenue assurance system
2.1.13 Offers an enterprise data warehouse system
2.1.14 Offers a business intelligence system
2.1.15 Has built-in redundancy for all components
Vendor shall:
2.1.16
Describe the hardware platform components in the solution including type of equipment, vendor, and model or version number with detailed specifications
2.1.17
Describe the functionality of each of the platform components in the offered solution and state whether each is mandatory or optional.
2.1.18
Describe how the different components communicate (i.e., middleware), including type, name, vendor, and version.
2.2
Platform Hardware & Software
Vendor asserts the hardware in its proposed solution:
Technical Requirements
116
2.2.1
Is from world-renowned suppliers and carries all necessary and standard certificates and warranties
2.2.2 Is current and compliant with industry standards
2.2.3
Is CE (European Conformity) and FCC (Federal Communications Commission) compliant
2.2.4 Has a life cycle of ten (10) years
2.2.5 Has operating systems with 64-bit technology
Vendor asserts the software in its proposed solution:
2.2.6
Is the most recent and stable version of the software released by the manufacturer
2.3
Platform Architecture and Design
Vendor asserts its solution:
2.3.1
Complies with Advanced Telecommunications Computing Architecture (ATCA)
2.3.2 Is able to exploit distributed hardware architectures appropriately
2.3.3
Employs a modular design that utilizes a common data architecture across all modules to enable "plug-and-play" scenarios and applications and the use of subsets of applications as required.
2.3.4 Is component-based to increase flexibility and reusability of code
2.3.5
Functions properly even when not all of the applications are implemented
2.3.6
Has functionality such that when the functionality on a single application module is updated, all applications do not necessarily need to be upgraded
Technical Requirements
117
2.3.7
Uses layered architecture that allows applications to interoperate with each other and evolve independently at each layer
2.3.8
Supports a flexible migration path, to expand capabilities without loss of initial investment
2.3.9 Supports database and operating system independence
2.3.10 Can be accessed over a TCP-IP network
2.3.11 Supports symmetrical multiprocessing
2.3.12 Employs mirrored disks, such as RAID, for storage
2.3.13 Includes backup devices such as optical disks and DLTs
2.3.14
Is designed to eliminate single points of failure (SPOF). Any exceptions to this requirement must be documented and agreed with Afghan Telecom prior to inclusion in the design
2.3.15 Is designed such that any agreed-upon SPOF will not lead to any data loss
2.3.16
Is configurable, in the case of a failure, to recover through a fully automatic fail-over process to a hot standby
2.3.17 Supports hot plug-ins and swaps with no interruption to service
2.3.18 Supports physical expansion with no interruption to service
2.3.19
Solution supports connection of multiple sites using private lines or the Internet
2.3.20
Supports geographical redundancy in two sites that might be deployed now or at a later stage
2.3.21 Has inherent flexibility to support customization
2.4
Platform Functionality
Technical Requirements
118
Vendor asserts its solution:
2.4.1 Supports a unified profile for pre- and post-paid subscribers
2.4.2 Supports the same account structure for pre- and post-paid subscribers
2.4.3 Supports on- and offline charging
2.4.4
Has a single data model with the same data used by all functions (on- and offline charging and billing)
2.4.5
Supports hierarchical customer relationship management with at least three layers of hierarchy
2.4.6
Supports inheritance from upstream customer to downstream customer of, e.g., product ordering relationship, accounts, and accumulators
2.4.7
Has a product catalog application that can configure tariff plans, rates, and packages for pre- and post-paid products and services
2.5
Platform Availability
Vendor asserts its solution:
2.5.1 Is a high-availability (HA) platform
2.5.2
Architecture ensures a high level of network availability through redundant or spare network components, backup links, load sharing links, and advanced troubleshooting tools
2.5.3
Architecture ensures a high level of data availability through replication technologies capable of synchronizing main and disaster recovery sites
Technical Requirements
119
2.5.4
Architecture can redirect client access and fail over databases to surviving servers by using state-of-the-art technologies (load balancing, database clustering, etc.). Please describe.
2.5.5
Architecture supports a shadow platform (hardware and software), acting as a disaster recovery site, that is capable of supporting key business functions, though with a lower throughput
2.6
Configuration Management
Vendor asserts its solution suports:
2.6.1
Configuration that can performed with either an individual or multiple network elements simultaneously and is applicable to both upload/import and download/export configurations
2.6.2
A fully-configurable backup operation for each element, which outputs the result of the backup into a log file. The backup operation must allow configuration of both full and incremental operation to both hard disk and tape or other removable media and to FTP servers.
2.6.3
A recovery mechanism to allow the restoration of any element from a stored backup
2.6.4 Functionality to perform remote software upgrades on any applicable element
2.7
Performance Management
Vendor asserts its solution supports:
Technical Requirements
120
2.7.1
A mechanism for viewing the measurement intervals/reporting periods on any element
2.7.2
A facility to configure any measurement parameters on any element via a GUI application
2.7.3
The ability to configure multiple parameters and/or elements in a single operation from the EMS
2.7.4
The ability for an external system to collect performance data automatically
2.7.5
Measuring of performance statistic from all network elements in real-time or near real-time manner (5-minute intervals or less, configurable per measurement or task)
2.7.6
The ability to view the performance measurement counters in real time directly on the system
2.7.7
Generaton of alarms when predefined (Afghan Telecom-configurable) thresholds are reached for certain system/application measurements/parameters. Where there are threshold alarms, e.g. a processor load, Afghan Telecom must be able to set multiple separate onset and abatement thresholds. These should be variable depending on the time of day and each onset threshold can have a different alarm severity associated with it. These must communicate these alarms to maintenance personnel by email, SMS and other methods
2.7.8
Generation of "clear" events to cancel alarms generated, with the alarm and abatement thresholds not able to be the same value
Technical Requirements
121
2.7.9
The monitoring and management of performance collection tasks individually or in the aggregate
2.7.10
Storing of statistics and performance data for all managed elements in a database for number of days configurable by Afghan Telecom
2.8
User Management
Vendor asserts its system supports:
2.8.1 Multiple concurrent users
2.8.2
The assigning of every user to user group according to Afghan Telecom-defined parameters
2.8.3
The ability of a system administrator to monitor active users and force users to logout
2.8.4
The creation of a user log every day at midnight and simultaneous closing of the current log, with a nomenclature that clearly identifies the date to which the log refers
2.8.5
Recording in a "user log" all user login/logout and user activity, to include date and time stamps, user ID, terminal or IP address of user, detail of commands and activities
2.8.6
Querying and filtering of user log content by a system administrator according to user ID, date, time, terminal or IP address, commands, activities, etc.
2.9
Platform Capacity and Scalability
Vendor asserts that its solution:
Technical Requirements
122
2.9.1
Has the capacity to scale up vertically. Please specify the initial capacity, as well as the maximum capacity, that the installed systems can reach without the need for installing a new platform.
2.9.2
Has the capacity to scale out horizontally when the maximum vertical scaling is achieved
2.9.3
Has hardware with the ability to scale up and support the requirements of the target maximum capacity by adding, rather than replacing, hardware
2.9.4
Provides updates, at no extra cost, that enable the software to scale up and support the requirements for the target maximum capacity
2.9.5 Supports load-balancing to accommodate additional hardware
2.9.6 Is scalable up to 2 million customers
2.10
Dimension Requirements Capability Remarks
Please provide your capabilities as follows:
Capacity Requirements
2.10.1 Total subscribers
2.10.2 FNS sub ratio
2.10.3 Community sub ratio
2.10.4 Incoming call screen sub ratio
2.10.5 Data sub ratio
2.10.6 Management CAPS from CRM
2.10.7 Traffic Requirements
2.10.8 Voice call: X BHCA
2.10.9 IVR recharge : X BHCA
2.10.10 IVR query : X BHCA
2.10.11 System redundancy ratio
2.10.12 CDR storage duration
2.10.13 Mediation
2.10.14 Total number of subscribers
2.10.15 CDRs of each subscriber per day
Technical Requirements
123
2.10.16 Other
2.10.17 Default system busy hour per day
2.10.18 Default working days per month
3 Technical Architecture FC/PC/NC+NP/P OB/MOD Comments
3.1
Servers
Vendor asserts its solution supports the following servers:
3.1.1 BSD (such as FreeBSD, NetBSD, or OpenBSD)
3.1.2 GNU/Linux (such as Debian, SUSE, or Red Hat)
3.1.3 Server-centric application architecture
3.1.4 Unix
3.1.5 Windows
3.1.6 Other
3.2
Clients
Vendor asserts its solution supports the following clients:
3.2.1 GNU/Linux (such as Debian, SUSE, or Red Hat)
3.2.2 Microsoft Windows
3.2.3 Platform-independent solution
3.2.4 Thin-client application architecture
3.2.5 Other portable device operating systems
Vendor asserts its solution supports the following Java web clients:
3.2.6 Linux
3.2.7 Microsoft
3.2.8 Other
3.3
Databases
Vendor asserts its solution supports the following databases:
3.3.1 Microsoft
3.3.2 MySQL
3.3.3 Oracle
3.3.4 SQL server
Technical Requirements
124
3.3.5 PostgreSQL
3.3.6 Server 914 UC7, 914
Other (please list)
Vendor asserts its solution supports the following with respect to databases:
3.3.7
Has a central data repository accessible from multiple hosting centers.
3.3.8
Utilizes in-memory database (IMDB) technology with DB Query transaction <1us and DB Modify transaction < 10us.
3.3.9
IMDB supports global data repository (GDR) mechanism and has the ability to realize real-time data synchronization among different places. Please describe.
3.3.10
The database(s) of the solution support flexible data models.
Vendor shall:
3.3.11
Present a detailed data model (e.g., Entity Relationship Diagram) that includes all entities, their definitions/descriptions, attributes, and the relationships between and among the entities.
3.3.12
Indicate which are primary and secondary database keys.
3.3.13
State how it ensures that any changes made to individual database components within its solution will not affect other database components and applications (internal as well as external to your solution).
4 Interfaces and Integration FC/PC/NC+NP/P OB/MOD Comments
4.1
Platform Interfaces
Technical Requirements
125
Vendor asserts its solution supports interfaces to (please describe):
4.1.1 Mediation system
4.1.2 Contact manager/sales and marketing system
4.1.3 Customer relationship management (CRM) system
4.1.4 Provisioning system
4.1.5 Customer care system
4.1.6 Financial systems
4.1.7 Fraud management system
4.1.8 Revenue assurance system
4.1.9 Security and audit systems
4.1.10 Workflow management processes
4.1.11 Order management processes
4.1.12 Provisioning and activation processes
4.1.13 Call center system
4.2
Industry and Technical Interfaces
Vendor asserts its solution supports:
4.2.1
Industry standard interfaces, to facilitate integration of heterogeneous systems and to communicate with network components
4.2.2 TCP/IP protocol suite
4.2.3
Industry standard application programming interfaces (APIs) and development environments
4.2.4
Industry standard programming languages (C, C++, Java, etc.) and reporting tools
4.2.5
Industry standard database connectivity (ODBC, JDBC, etc.) and data exchange formats (XML, etc..)
4.2.6 HTTP
4.2.7 IBM MQSeries
4.2.8 MSMQ
4.2.9 BizTalk
4.2.10 File
Technical Requirements
126
4.2.11 COM
4.2.12 CORBA
4.2.13 Java
4.2.14 SQL
4.2.15 OLEDB
4.2.16 SAP IDOC
4.2.17 SAP BAPI
4.2.18 Oracle OI
4.2.19 Ethernet connectivity
4.3
Protocols
Vendor asserts its solution supports the following protocols:
4.3.1 Signaling Protocols
4.3.2 Signaling System 7 (SS7)
4.3.3 Internet Commerce & Security Protocols
4.3.4 Secure transaction technology (SST)
4.3.5 Secure electronic payment protocol (SEPP)
4.3.6 Secure electronic transactions (SET)
4.3.7 Secure sockets layer (SSL)
4.3.8 Private communication technology (PCT)
4.3.9 Transport layer security (TLS)
4.3.10 Hypertext Transfer Protocol Secure (HTTPS)
4.3.11 Lightweight Directory Access Protocol (LDAP) adapters
4.3.12 Active Directory Service Interface (ADSI) adapters
4.3.13 E-mail: S/MIME
4.3.14 E-mail: UUEncode
4.3.15 E-mail: MIME
4.3.16 Please mention if it supports anyother than mentioned above
4.3.17 Messaging Protocols
4.3.18 Remote procedure call (RPC) options
4.3.19 Message oriented middleware
4.3.20 Object request broker options
4.3.21 Application protocol interfaces
Technical Requirements
127
Other
4.3.22
SNMP (version 1, 2c and 3) through TCP/IP with an NBI fully compatible with the standard described in RFC3411 and subsystems that provide SNMP support
4.3.23
SFTP to transfer performance data between the CBS system and the external performance management systems
4.4
Platform/System Integration
Vendor asserts its solution:
4.4.1
Supports full integration of the individual components and systems that constitute the CBS
4.4.2 Employs an integration methodology follows widely-accepted integration models
4.4.3 Has an integration platform that can accommodate colocated systems
4.4.4
Supports the automatic propagation of the addition, update, and deletion of data in one system to other relevant systems
4.4.5 Supports the import and export of data in common formats
4.4.6 Supports output to local, networked, and remote printers
4.4.7 Utilizes middleware that is founded on open (not proprietary) standards
4.4.8 Integrates with third-party applications
4.4.9 Interfaces with existing legacy and standard ERP systems
4.4.10 Supports next generation framework standard
4.4.11 Supports computer-telephony integration (CTI)
4.4.12 Integrates with systems generating alerts
Technical Requirements
128
4.4.13 Has adapters for third-party enterprise application integration (EAI)
4.4.14
Has industry standard application programming interfaces (APIs) and integration tools available to the different systems, such that all data extractions, transfers, and loads between systems are automatic and reliable.
4.4.15
Interfaces between the real-time rating engine and different network elements (e.g. call / session control for
voice, data) on a real-time
basis. Please describe in detail each of these interfaces, including the protocols.
Vendor shall:
4.4.16
Describe each of the external interfaces, including the protocols, and state if they are open for other parties to use.
4.5
Desktop Tools Integration
Vendor asserts its solution supports real-time delivery of data to and integration with:
4.5.1 Spreadsheets
4.5.2 Microsoft Excel
4.5.3 Apache OpenOffice.org Calc
4.5.4 Google Docs
4.5.5 Other
4.5.6 Word Processing Programs
4.5.7 Microsoft Word
4.5.8 Apache OpenOffice.org Writer
4.5.9 Google Docs
4.5.10 Other
4.5.11 Databases
4.5.12 Microsoft Access
4.5.13 Apache OpenOffice.org Base
4.5.14 Google Docs
Other
Technical Requirements
129
4.5.15 Do we need Email integration here?
4.6
User Interfaces
Vendor asserts its solution has:
4.6.1
A user-friendly graphical user interface (GUI) that is intuitive and easy to navigate
4.6.2
A GUI that has a standard forms and screens and a consistent look and feel across components and applications
4.6.3
A GUI that support access to multiple platforms with a single sign on
4.6.4
GUIs that are tailored to specific user roles and needs
4.6.5
A GUI that supports multiple languages and language choice
4.6.6 A GUI with interactive help and hot key shortcuts
4.6.7 A GUI that supports "drag and drop" functionality
4.6.8
A web browser user interface, preferably with the same look and feel as the GUI, that complements the traditional GUI and supports occasional users
5 Monitoring and Fault Reporting FC/PC/NC+NP/P OB/MOD Comments
5.1
Network Topology Management
Vendor asserts its solution supports:
5.1.1
A GUI with an editor that allows a system administrator to create graphical views of the network with icons representing various network elements
5.1.2
The ability of a system administrator to create icons for a new network element types
5.1.3 The ability to name network views that can be referred to by any authorized user
Technical Requirements
130
5.1.4 The ability to nest views to allow users to drill down to subsystem levels
5.1.5
A graphic display of states of currents alarms occurring on objects in a view with color coding of icons indicating severity of alarms
5.1.6
The ability for a user to, through a view, bring up a list of active and historical alarms for a selected icon
5.2
System Resource Management
Vendor asserts its solution supports monitoring of:
5.2.1 CPU utilization
5.2.2 Memory utilization
5.2.3 Disk utilization
5.2.4 Database table utilization
5.3
Fault Management
Vendor asserts its solution has event management system (EMS) that supports:
5.3.1
The performance of fault management functions locally or remotely, using command line and graphical user interfaces (GUIs)
5.3.2
SNMP and subsystems that provide SNMP support and generate appropriate events and alarms
5.3.3
Alarms and events constructed based on the format described in ITU-T X.733 and in a readable plain text
5.3.4
Compliance of EMS alarm severity levels with ITU-T Rec. X.733 and assigning of each alarm to one of the following severity levels if this has not already been done by the source element: critical, major, minor, warning, and cleared indeterminate
Technical Requirements
131
5.3.5 Color coding of alarms according to severity
5.3.6 Optional audible alerts for alarms
5.3.7 Reporting and management of alarms and events in real time
5.3.8 Real-time updating of monitor windows as alarms enter the EMS
5.3.9
The ability for system administrators and authorized users to set threshholds for alarms
5.3.10 The ability for authorized uers to enable and disable alarms
5.3.11
The ability for authorized users to query historical alarms with flexible search criteria and configurable filters
5.3.12
Logging of alarms and events in configurable event logs or by recording in databases
5.3.13
The creation of an event log every day at midnight and simultaneous closing of the current log, with a nomenclature that clearly identifies the date to which the log refers
5.3.14
Storing of all event logs according to Afghan Telecom-defined parameters
5.3.15 Time-stamping of all events and alarms at point of origin
5.3.16
The ability to forward alarms and events to the external network management system (NMS)
5.3.17
The ability of the event management system (EMS) to buffer alarms on the output connection to the NMS
Technical Requirements
132
5.3.18
The ability to filter alarms for multiple points of view according to Afghan Telecom-defined parameters. A filter for generating on the system and forwarding to the external system shall be independent.
5.3.19
The ability of the EMS to alter the reported severity of individual alarms as they enter the system
5.3.20
Inclusion in the EMS of on-line alarm manuals for itself and the systems under its control
5.3.21
The requirement to enter the name of the alarm acknowledger or canceller along with the system-generated date and time
5.3.22
Export and printing of alarm data from the alarm monitor and alarm history applications
5.3.23
Robust reporting of all log and alarm events, with standard and customizable reports
6 Data Management FC/PC/NC+NP/P OB/MOD Comments
6.1
Data Architecture
Vendor asserts its solution supports:
6.1.1 A logical data model covering all entities of the system
6.1.2
Data updates that are effected at once in the repository and are immediately available to all other users
6.1.3 Data backup processes and procedures for all data elements
6.1.4 Backtracking facilities for all data records
6.1.5
Resiliency to transaction failure or hardware failure via suitable system checkpoints, thus ensuring data integrity at all times
Technical Requirements
133
6.1.6
Automated archiving procedures that copy active data to storage media when the archive age has been reached
6.1.7
Built-in facilities that access archived historical data from storage media upon authorized user request, with a vendor-specified amount of time to access archived data
Vendor shall provide:
6.1.8 An entity relationship diagram
6.2
Importing Data
Vendor asserts its solution supports:
6.2.1 Importing of data in a comma separated values (CSV) format
6.2.2 Importing of data into custom fields
6.2.3 Import templates or profiles that can be defined and saved for future use
6.2.4 Import wizards to simplify the creation of import templates or profiles
6.2.5 No limit to the number of records that can be imported
6.3
Exporting Data
Vendor asserts its solution supports:
6.3.1 Exporting of data in a comma separated values (CSV) format
6.3.2 Exporting of data into custom fields
6.3.3 Export templates or profiles that can be defined and saved for future use
6.3.4 Export wizards to simplify the creation of import templates or profiles
6.3.5 No limit to the number of records that can be exported
6.4
Data Transfers
Technical Requirements
134
Vendor asserts its solution supports:
6.4.1 Real time messaging and event data transfers
6.4.2 Real time and batch mode file-based data transfers
6.4.3
Data conversion from the source system format into one or more formats compatible with the destination system
6.4.4 No loss of data during transfer
6.5
Data Record Access
Vendor asserts its solution supports:
6.5.1
Data record permissions (create, read, edit, and delete) that can be managed based on hierarchical user role definitions
6.5.2
Granting specific users or groups access to an individual or groups of records
6.5.3
Record sharing rules set the default access that users have to each other's data records
6.5.4
Determine by system administrators which record layout views are available to users or user groups
6.5.5
Definition of user profiles that controls users' permissions, login access, and field level security
6.5.6
Definiation by system administrators as to which specific data fields users can view or edit
6.5.7
Adherence to the user's defined record and data field acessibility for all reports and analytics
6.6
Data Backups
Vendor asserts its solution:
Technical Requirements
135
6.6.1
Supports continuous real-time or periodic (system parameter) backups of all data. Please describe
6.6.2
Supports the performance of database backups by exporting all data into a set of comma-separated values (CSV) files
6.6.3
Supports reinstatement of data into system components from backups. Please describe.
6.7
Data Storage
Vendor asserts its solution supports:
6.7.1
Efficient SAN devices (that allow stripping and mirroring with minimal performance degradation) and media libraries for data backup and off site storage
6.7.2
Storage management software to ensure that data is not corrupted or lost in the case of hardware or software failures
6.8
On-line Data
Vendor asserts its solution supports:
6.8.1 On-line availability of customer interaction data for a period of one year
6.8.2
On-line availability of customer billing data (bills and account information) for a period of two years
6.8.3
On-line availability of usage data (mandatory review reporting, call details records, etc.) for a period of 1 year
6.8.4 On-line availability of other data for a period of one year
6.8.5
Access, via data backups and for a period of five years, to all data not available on-line
6.8.6 Industry standard data compression capabilities
7 Encryption & Security FC/PC/NC+NP/P OB/MOD Comments
7.1
Technical Requirements
136
Encryption
Vendor asserts its solution supports:
7.1.1 Server authentication
7.1.2 Data integrity assurance
7.1.3 Data encryption standard (DES) data
7.1.4 Support for third-party encryption tools or modules
7.1.5 Security zones
7.1.6 Encrypting and decrypting of messages
7.1.7
Encoding of information transmitted over the Internet using HTTPS and SSL protocols
7.1.8 Digital certifications
7.1.9 Digital signatures
7.2
Access Control
Vendor asserts its solution supports:
7.2.1 Multilevel access control
7.2.2 Organization-level access control
7.2.3 Group-level access control
7.2.4 Position-level access control
7.2.5 User, object, and method access control
7.2.6 Responsibility (view control)
7.2.7 Individual unique user IDs and user authentication
7.2.8 An access mechanism that supports encrypted protocols
7.3
System Security
7.3.1
Vendor shall describe the key design principles regarding security of its solution.
7.3.2
Solution includes, in all modules, protection (e.g., firewalls, and other hardware and software protection mechanisam) from unauthorized individuals and hackers, both locals and Web-based intruders
Technical Requirements
137
Vendor asserts its solution supports:
7.3.3 Multiple configurable security levels
7.3.4 Database-level security
7.3.5 Definition of login and password policies and rules
7.3.6 User passwords held internally to the systems
7.3.7
Use of a single user ID and password that lets a valid system user access all functions required across multiple systems (single sign on or SSO)
7.3.8
Multi-level access privileges based on which category users belong to; for example, managers, system users, system administrators, etc.
7.3.9
The ability to handle user access conflicts, e.g, two users attempting to modify the same data at the same time
7.3.10
Secure user profiling to restrict data or functional permissions within the system, both in terms of data visibility, and of ability to perform a function and to access a data type at the field level
7.3.11
Password protected access to restricted data (e.g., customer details and log files)
7.3.12
Password management and authentication centralized such that any change in passwords will be effected across all systems
7.3.13 Expiration of user passwords after a preset period
7.3.14 A fixed timescale password rotation for user passwords
7.3.15
Secure remote access (dial-in or web-based) for selected users in a multilevel access platform
Technical Requirements
138
7.3.16
Local and remote access for authorized personnel, including access to diagnosis, maintenance, software updates, application development, and reporting tools
7.3.17 The ability to lock users' sessions to a specific IP addresses
7.3.18
The ability of an administrator to restrict an access to the system based on IP addresses
7.3.19 Logging of all system user activities to provide an audit trail
7.3.20
The inability for users to bypass the access control and audit trails when accessing the fields, screens, functions, and data
7.4
Security Management and Audit Tools
Vendor asserts its solution supports:
7.4.1
A mechanism to lock users out from all systems after a number (set as a system parameter) of unsuccessful login attempts
7.4.2
Reinstatement of locked out users by a system administrator, and only a system administrator
7.4.3
Daily recording and reporting of the terminal and user ID of unauthorized attempts to log onto the system
7.4.4 A mechanism to deactivate users from all systems
7.4.5
Administrator access to on-demand reports of the login history for all users in the organization
7.4.6
Automatic logging of changes to the system setup, and tagging of which user made each change
Technical Requirements
139
7.4.7
Automatic and on-demand generation of audit trail reports of all security settings by and for authorized users
8 Web Environment & Web Enablement FC/PC/NC+P/NP OB/MOD Comments
8.1
Web Browsers
Vendor asserts its solution supports the following web browsers:
8.1.1
Internet Explorer 9.0 with forward compatibility and backward compatibility to 6.0
8.1.2 Mozilla Firefox
8.1.3 Opera
8.1.4 Safari
8.1.5 Other (please list)
8.2
Degree of Web Enablement
Vendor asserts its solution supports:
8.2.1
A true web-based thin client accessible via a web browser
8.2.2 Intranet capabilities
8.2.3 Extranet capabilities
8.2.4 That lookups processed online occur in real-time
8.2.5 That browses processed online occur in real-time
8.2.6
That data validations processed online occur in real-time
8.2.7
That transactions processed online occur in real-time
8.2.8 Information on demand
8.3
Web Interface
Vendor asserts its solution:
8.3.1 Supports an API program interface
8.3.2
Has an API configuration
tool
8.3.3
Has inherent tools or third-party tools to build a web interface
Technical Requirements
140
8.3.4
Supports or has third-party tools for drag and drop creation of interfaces
8.3.5 Supports pre-configured screens
8.3.6 Has a built-in tool for drag and drop web page design
8.3.7 Has a setup toolkit
8.3.8 Has an administration toolkit
8.3.9
Uses plug-ins, helper applications, and other existing off-the-shelf tools
8.3.10 Supports customization and tailoring capabilities
8.3.11 Is J2EE enabled
8.3.12 Is XML enabled
8.4
Web Functions and Functionality
Vendor asserts its solution supports:
8.4.1 Dynamic, embedded URL support
8.4.2 Browser-level read, write, and data modification
8.4.3 Robust data type sets
8.4.4
Dynamic SQL statements from all form inputs, URL strings, and environment
8.4.5
A function for generating e-mail based on HTML form input
8.4.6 User-defined procedures
8.4.7 Deployability across multiple platforms
8.4.8
Intuitive drag-and-drop tool for easily accessing ad hoc database information
8.4.9
The ability to navigate through the application via directory tree structure
8.4.10
A single enterprise-wide application that houses product management, sales and order management, and customer support
8.4.11 Mobile processing environment
8.4.12 Multiple languages
8.4.13 Multiple window navigation and tiling
Technical Requirements
141
8.4.14 Access for remote and stand-alone users
8.4.15 A robust development and customization toolkit
8.4.16 Common development language
9 Support & Maintenance FC/PC/NC+NP/p OB/MOD Comments
9.1
Help Facilities
Vendor asserts its system supports:
9.1.1
A comprehensive help facility for each component that can be initiated online for each screen and each data item on that screen
9.1.2
A help facility that informs the user about the format and values of each data item on the screen
9.1.3
An associated field prompt text, showing a range of values or picking lists, that is displayed upon entry to each data entry field
9.1.4 Content sensitive help text available down to the field level
9.1.5 A help facility that guides users in carrying out specific transactions
9.1.6
A help facility that assits users with questions about applications, business rules and processes, or practices
9.1.7 Availability of separate help for error messages
9.1.8
A help facility that provides meaningful explanations of any error that occurs while the user is using a screen
9.1.9
A clear explanation or reason code when an application error causes abnormal termination
9.1.10 Accessibility to help text for customization and maintenance
9.1.11 Access to organized and indexed documentation
9.2
Technology Transfer and Training
Technical Requirements
142
Vendor asserts it supports:
9.2.1
A comprehensive in-person training program that ensures that Afghan Telecom is prepared to operate and support the solution and systems
9.2.2 Training covering the use and administration of the customer billing system
9.2.3 Training covering the use and administration of the mediation system
9.2.4 Training covering the use and administration of the bacth rating engine
9.2.5 Training covering the use and administration of the real-time rating engine
9.2.6 Training covering the use and administration of the CRM system
9.2.7 Training covering invoice creating, presentment, and printing
9.2.8 Training covering the use and administration of the customer care system
9.2.9
Training covering the use and administration of the service order/provisioning system
9.2.10
Training covering the use and administration of the interconnect settlement/carrier billing system
9.2.11 Training covering the use and administration of the fraud management system
9.2.12 Training covering the use and administration of the revenue assurance system
9.2.13
Training covering the use and administration of the enterprise data warehouse system
9.2.14 Training covering the use and administration of the business intelligence system
9.2.15 Follow on training via e-learning
9.2.16 Train-the-trainer
Technical Requirements
143
9.2.17 Certification training
9.2.18 Industry (non-product) training in CBS
9.2.19 Industry (non-product) training in fraud management
9.2.20 Industry (non-product) training in revenue assurance
9.2.21
Industry (non-product) training in business process management (eTOM/NGOSS)
9.2.22 The provision of comprehensive training manuals
9.3
Documentation
Vendor asserts it will provide:
9.3.1 Printed manuals and training materials
9.3.2
Documentation in an electronic format, such as MS Word, PDF, ODF, or similar
9.3.3
Documentation that is cross-referenced according to a consistent naming and numbering convention
9.3.4 An update log when the documentation is updated
9.3.5
Documentation in easy-to-understand formats that includes flow charts and data flow diagrams
9.3.6 Business requirements documentation
9.3.7 Systems requirements documentation
9.3.8 Functional documentation
9.3.9 Technical documentation
9.3.10 Business process documentation
9.3.11 Operational documentation
9.3.12 Data/object model documentation
9.3.13 Database documentation
9.4
Support and Maintenance
Vendor asserts it will provide:
Technical Requirements
144
9.4.1
Full support of the solution through Afghan Telecom acceptance and sign off, as well as for a subsequent two (2) year warranty period, as part of the initial deliverable
9.4.2 The option to extend full support for the solution for a period of five (5) years
9.4.3
Software and application maintenance services needed to implement required enhancements for a total period of five (5) years
9.4.4
In-country personnel with the appropriate technical expertise to provide on-site support when required
9.4.5
Application of necessary quality assurance processes during the initial development, as well as post-production support and maintenance
9.4.6 24x7 support
9.4.7 Secure, remote access support
9.4.8 Tier one support
9.4.9 Tier two support
9.4.10 Tier three support
9.5
Release Management & Control
Vendor asserts it will provide:
9.5.1 Version control procedures
9.5.2 Release management procedures
10 Mediation & CDR Aggregation
FC/PC/NC+NP/P OB/MOD Comments
10.1
General
Vendor asserts that its solution:
10.1.1 Incorporates industry standards into the mediation platform
10.1.2 Supports interface to multiple networks
Technical Requirements
145
10.1.3
Supports various network elements including but not limited to MSC, CG, SGSN/GGSN, MMSC, SMSC, SCP, CRBT, USSD and WAP GW
10.1.4
Has the flexibility to accommodate the introduction of new network elements and other downstream applications
10.1.5
Supports Afghan Telecom enablement and disablement of NEs for polling
10.1.6 Supports national and international roaming CDR collection and handling
10.1.7 Supports sender- and receiver-initiated sessions
10.1.8 Has the ability to operate in centralized or decentralized modes
10.1.9 Supports interface to automated clearing house (ACH) systems
10.1.10
Collects, converts, processes and distributes event records from all sources, including switches, third-party files, servers, AAA servers and RADIUS servers
10.1.11
Supports automatic collection, conversion, and routing of event records from arbitrary network equipment to arbitrary business and operations support systems
10.1.12 Supports fixed and variable (Afghan-Telecom specified) data formats
10.1.13
Has a flexible format translator to translate any usage data input formats into a standard formats such as ASN.1, AMA, CSV, Binary, ASCII, BCD, HEX, or any other required by up- and downstream applications. Please describe formats supported.
Technical Requirements
146
10.1.14
Utilizes FTAM, FTP, SFTP or diameter transfer protocols. Please provide a list of all sources and software versions you support.
10.1.15
Is rules-based and table-driven (does not require code changes when a new record format or business rule is encountered)
10.1.16 Supports SNMP and generation of appropriate events and alarms
10.1.17
Stamps every change to the system with an effective date and keeps a history of changes
10.1.18
Automatically backs up files polled from network elements (NE) into another directory or machine
10.1.19 Can identify and handle exception (abnormal and error) events
10.2
Data Element Collection, Handling, Processing, and Distribution
Vendor asserts that its solution supports:
10.2.1 Both online and offline data collection
10.2.2 Both real-time and batch collection
10.2.3 Pulling or receiving of pushed files from a system-configurable directory
10.2.4
Automatic and scheduled polling from NEs and an arbitrary (configurable) number of polls per day
10.2.5
Pulling and spontaneous transfer of event records of specific accounts for hot billing; for example, for the rating of telephone calls made from rented handsets
10.2.6 Sequence number validation during collection so that no files are lost or duplicated
10.2.7 Missing and duplicate file detection
Technical Requirements
147
10.2.8 The assurance of data integrity and reliability of data being transferred.
10.2.9
Deletion of files after collected and logged, according to Afghan Telecom-defined parameters
10.2.10
Supports backup and retrieval of data from storage devices like CDs, DATs, and magneto-optical, optical, and magnetic discs
10.2.11 The decoding/encoding of event records
10.2.12 Filtering of event records
10.2.13 Conversion of event records
10.2.14
Validation of each field in each event record for readability, type and value, and value intervals. The system compares maximum and minimum values in multiple intervals. Both negative and positive values are possible.
10.2.15 Event record enrichment (using complex and configurable reference data)
10.2.16 CDR normalization. Please specify which format(s).
10.2.17 Detection of duplicate records and elimination of duplicate event records
10.2.18
Detection of duplicate records based on the composite key method, full record or physical record number gap analysis, or time gap validation
10.2.19
Correlation and aggregation of event records according to Afghan Telecom-defined parameters and correlation keys
Technical Requirements
148
10.2.20
Correlation of records from different network elements so that several CDRs from the same event may be combined into a single billable event. If an event is routed through .several network elements it may be necessary to correlate the data from each network element
10.2.21
Correlation of data generated from GPRS, IP, content billing, VoIP, and specialized Internet services, wireless calls with handoffs, long duration calls, and sessions, etc.
10.2.22 Buffering of event records
10.2.23 Replication (cloning) of event records
10.2.24 Filtering and sorting of event records
10.2.25 Reconciliation of event records
10.2.26
Configurable and easily customizable rules for collection, correlation, validation, conversion, routing, filtering, and sorting
10.2.27 Downstream format mapping
10.2.28 Header and trailer generation
10.2.29
The addition or modification of fields to event records and and the population of fields according to customer-defined business rules
10.2.30
Storage of raw event records for a specified time frame for queries and reprocessing
10.2.31
Application of rules to change the value of a field upon certain predefined conditions in batch mode
10.2.32 Splitting of event records as a function of the duration of the event
Technical Requirements
149
10.2.33
Combination of multiple event records into one intermediate record of long duration
10.2.34
File-based and online (asynchronous mode) event record distribution to other subsystems
10.2.35
Replication and distribution of the same source event records to more than one subsystem upon request. The system maintains relevant logs for each distribution.
10.2.36 Set up and scheduling of event record file distribution to business applications
10.2.37 Archiving of event records. Please describe.
10.3
Error Detection and Handling
Vendor asserts that its solution supports:
10.3.1 Performance of syntax checks according to user defined rules
10.3.2
Performance of checks on data retrieved from database lookups, such as circuit, route, dialed number, MSC, customer, etc.
10.3.3 Automatic generation of alarms when errors are detected in event records
10.3.4
Automatic generation of alarms when an error type repeats beyond a predefined threshold
10.3.5 Configuration of alarm conditions by Afghan Telecom
10.3.6
Storage of erroneous records for correction later, and an editor to check records, change the value of the field, and provide authority checks and an audit trail
Technical Requirements
150
10.3.7
Online deletion facilities for abnormal and erroneous records, including authority checks and the audit trail
10.3.8 Subsequent re-input or recycling of suspended event records
10.3.9 Automatic collection recovery when there are abnormalities
10.4
CDR Aggregation and Processing
Vendor asserts that its solution:
10.4.1
Has a real-time database that stores all ongoing calls and sessions for later processing
10.4.2
Logs and stores collected CDRs and generated fields in an internal database by type (e.g., processed, not processed, normal, duplicate, error, etc.)
10.4.3 Detects duplicate CDRs within files and across files
10.4.4 Detects erroneous CDRs based on configurable error criteria
10.4.5 Stores CDRs by type
10.4.6
Can be configured to filter out certain types of CDRs according to Afghan Telecom parameters
10.4.7
Can be configured to include or exclude data fields from the original CDR, and to merge these fields with generated fields, such as customer data or calculated information
10.4.8 Aggregates and summarizes CDR data
10.4.9 Supports aggregation of CDR data based on any field of the CDRs
10.4.10 Supports aggregation of CDR data based on any group of fields or time span
10.4.11
Supports configurable criteria for CDR data aggregation and summarization
Technical Requirements
151
10.4.12
Can process CDRs according to any rules configured by Afghan Telecom
10.4.13 Can distribute CDRs to internal and external post-processing systems
10.4.14
Maintains historical mean values characterizing individual subscribers, which can be compared to alarm levels set up for their subscriber types
10.4.15 Supports a sophisticated query tool for searching the CDR database
10.4.16 Supports setting query conditions defined by Afghan Telecom
10.4.17 Has a reporting tool for extracting aggregated CDR data from the database
10.4.18 Supports exporting CDR data in standard formats, such as MS Excel, CSV, etc.
10.5
Mediation GUI Tasks
Vendor asserts that its solution has a GUI:
10.5.1 From which user can add, delete, or modify NEs
10.5.2 From which user can add, delete, or modify the record formats of NEs
10.5.3
From which user can schedule, prioritize, and initiate pulling or receiving data from selected NEs
10.5.4 From which user can modify the configuration parameters of the system
10.5.5
From which user can set configuration parameters for event correlation or event split
10.5.6 From which user can specify the required format for a given business application
10.5.7 From which users can add, delete, and modify validation rules
Technical Requirements
152
10.5.8 From which user can add, delete, and modify filtering rules
10.5.9
From which user can schedule, prioritize, and route the distribution of CDRs
10.5.10 That displays data activity reports
10.5.11 That displays errors and alarms both in text form and graphical form
10.5.12 That can support added network elements
10.6
Reporting and Audit Trail
Vendor asserts that its solution:
10.6.1
Generates statistics regarding the number of event records, by type (normal, abnormal, error) and in total
10.6.2 Generates statistics regarding the number of files
10.6.3 Generates statistics regarding the number of event units
10.6.4 Generates statistics regarding the number of bytes
10.6.5 Creates an audit trail for all event records
10.6.6 Generates audit trail reports on a daily or periodic basis
10.6.7 Generates performance reports
10.6.8 Offers standard reports
10.6.9 Supports scheduling of reports
10.6.10 Supports ad hoc and on-demand reports
10.6.11 Allows for customizable reports
10.6.12 Generates exception reports
Vendor asserts that its solution can produce the following reports:
10.6.13 Aggregate number of records received by record type
Technical Requirements
153
10.6.14 Total number of event records processed per time perioid
10.6.15 Total processing time
10.6.16 Total down time for record processing
10.6.17 Total abnormal records per time period
10.6.18 Total erroroneous records per time period
10.6.19 Total number of duplicate records per day
10.6.20 Total number of records or files processed
10.6.21 Summary of the number of correlated records per a correlation rule
10.6.22 Summary of the filtered records per a filtering rule
11 Interconnect Settlement and Wholesale Billing
FC/PC/NC+NP/P OB/MOD Comments
11.1
Basic Interconnect System Services and Functionality
Vendor asserts that its system supports:
11.1.1
National interconnect settlement and wholesale billing and reconciliation based on parameters in the interconnect agreements
11.1.2
International interconnect settlement and wholesale billing and reconciliation based on parameters in the interconnect agreements
11.1.3
The flexibility to handle multiple, different interconnect agreements with variables configured by interconnect partner
11.1.4
A robust accumulator that accommodates all network transactions and service applications
11.1.5 Equal access billing
11.1.6 Splitting of a transit call into ingress and egress parts
11.1.7 The ability to handle Internet Protocol Detail Records (IPDR)
Technical Requirements
154
11.1.8 Record processing and exchange in real-time (not batch run)
11.1.9
Status checking of interconnection settlement rating files received from multiple exchanges
11.1.10 Can identify and handle exception (abnormal and error) events
11.1.11 Both direct and indirect accounting with other networks
11.1.12 Multiple CDR formats
11.1.13 Configurable CDR formats
11.1.14 Setting of query conditions for different types of CDRs (normal, abnormal, error)
11.1.15 Management of suspended CDRs
11.1.16 Settlement billing workflow diagram
11.1.17 Interconnect partner management
11.1.18
Functionality in sections 12-22 for interconnect settlement and wholesale billing
11.2
Interconnect Agreement Arrangements
Vendor asserts its system supports the following interconnect agreement arrangements:
11.2.1 Origination and termination
11.2.2 Total accounting rates agreements (ITU-based)
11.2.3 Transit agreements (ITU-based)
11.2.4 Cascade and direct accounting agreements (ITU-based)
11.2.5 Divisions of revenue agreements (ITU-based)
11.2.6 Interconnect settlement
11.2.7 International Simple Resale (ISR)
11.2.8 Special Drawing Right (SDR)
11.2.9 Hubbing and refilling
Technical Requirements
155
11.2.10 Minutes-based
11.2.11 Tiered rates for volume thresholds
11.2.12 Total volume commitment
11.2.13 Tiered rates for revenue thresholds
11.2.14 Total revenue commitment
11.2.15 PSTN-mobile interconnection (and vice versa)
11.2.16
Mobile-to-mobile (roaming) interconnection and settlement (national and international)
11.3
Service Types
Vendor asserts its system supports interconnect settlement and wholesale billing:
11.3.1 For all service types in Section 12
11.4
Internetworking
Vendor asserts its system supports the following:
11.4.1 Outgoing direct calls to a network adjacent to the home network
11.4.2
Outgoing indirect calls to another network, not adjacent to the home network
11.4.3 Incoming direct calls from a network adjacent to the home network
11.4.4 Incoming indirect calls from a network not adjacent to the home network
11.4.5 Transit direct calls to and from networks adjacent to the home network
11.4.6 Transit indirect calls to and from networks not adjacent to the home network
11.4.7
Call transactions with service providers located in same geographic location (revenue share)
Technical Requirements
156
11.5
Roaming and Billing Support Functionality
Vendor asserts its solution supports:
11.5.1 National and international roaming settlement
11.5.2 In- and outbound roaming settlement
11.5.3 Roaming fees and flag fall charges
11.5.4 Transfer account procedure (TAP) file generation (list standards supported)
11.5.5 TAP file receiving (list standards supported)
11.5.6 Configurable TAP charge items to include, e.g., taxes and discounts
11.5.7
Returned accounts procedure (RAP) file receiving (list standards supported)
11.5.8 Inquiry and processing of RAP files by setting query conditions
11.5.9 Checking the status of roam-out rating files
11.5.10 Checking the status of roam-in rating files
11.5.11 Inquiry of notification files by setting query conditions
11.5.12 Supports interface to automated clearing house (ACH) systems
11.6
Dial Code Treatment
Please describe how your solution handles dial codes.
Vendor asserts that its system supports:
11.6.1 Multiple, carrier-specific dial code lists (origination and termination)
11.6.2 Multiple, carrier-specific rate tables (origination and termination)
11.6.3 Different origination and termination dial code lists for the same carrier
Technical Requirements
157
11.6.4 Different origination and termination rate tables for the same carrier
11.6.5 The ability to rate down to the city code level
11.6.6 The ability to rate according to Nth digit
11.6.7 The ability to default to the country (or other) rate if dial code is not recognized
11.7
Reconciliation and Settlement
Vendor asserts that its system supports:
11.7.1 A flexible reporting subsystem to facilitate CDR analysis
11.7.2 A portal to post and receive CDR files
11.7.3 Scattered settlement dates
11.7.4
Manual inputting of incoming non-electronic summary usage figures from interconnect partners
11.7.5
Importing of incoming electronic summary usage figures from interconnect partners
11.7.6
Importing of incoming CDRs and usage data as declared by interconnect partners, including wire line operators, mobile operators, ISPs, and other operators
11.7.7
Processing of incoming CDRs and usage data as declared by interconnect partners, including wire line operators, mobile operators, ISPs, and other operators
11.7.8 Validation of received declarations against Afghan Telecom data
11.7.9 CDR reconciliation against Afghan Telecom data
11.7.10
A CDR analysis tool that is designed to compare CDRs to investigate and resolve disputes
Technical Requirements
158
11.7.11 The ability to drill up or down on dial code levels for reconciliation purposes
11.7.12
The ability to pull raw (unrounded, unrated) CDR files on demand by any number of variables (customer, route, date, time period, etc.)
11.8
Statement Preparation and Production; Invoicing and Accounting
Vendor asserts that its system supports:
11.8.1 Modules to control and report on all aspects of inter-carrier accounting
11.8.2
Production of statements that include detailed incoming, outgoing, and transit information
11.8.3 Production of preliminary (pre-settlement) statements
11.8.4
Adjustments in the settlement process before final statements are produced
11.8.5 Production of final (post-settlement) statements on call charges per partner
11.8.6 Flexible invoicing arrangements and methods
11.8.7 Offsets (in- and out-payment netting arrangements)
11.8.8 Interface to financial systems to send and receive G/L transactions
11.9
Reporting
Vendor asserts that its solution supports:
11.9.1 Availability of all data for reporting
11.9.2 Robust and flexible reporting per interconnect partner and in the aggregate
11.9.3
Robust and flexible querying and sorting of interconnect settlement and wholesale data
Technical Requirements
159
11.9.4 Robust and flexible querying and sorting by single and multiple data elements
11.9.5
Reporting by element or unit, groups of elements or units, individually, and in the aggregate
11.9.6
Reporting by standard and configurable time periods (e.g., hourly, daily, weekly, monthly, start and end dates, etc.)
11.9.7
Generation and production of reports by Afghan Telecom-defined variables, such as originating country, groups of routes (ingress and egress), and type of call or event
11.9.8
The ability to drill up or down to different levels for all reports (e.g., country to city, groups of customers to single customer)
11.9.9 Standard reports
11.9.10
Standard and customizable cost, revenue and profit reports by selected criteria, such as product/service, customer, account, line of business, geographic area, etc.
11.9.11 Standard and customizable usage reports
11.9.12 Standard and customizable customer and account status reports
11.9.13 Standard and customizable billing and financial reports
11.9.14 Standard and customizable tax reports
11.9.15 Customizable reports
11.9.16 Scheduling of reports
11.9.17 Ad hoc and on-demand reports
11.9.18 Exception reports
11.9.19 Location-based statistics and reports
11.9.20 Application specific reports
11.9.21 Easy creation of new reports through GUI interface with drag and drop functionality
Technical Requirements
160
11.9.22 Configurable report layouts
11.9.23 Multiple report formats
11.9.24 Ability to generate reports in multiple languages
11.9.25 Ability to generate reports in multiple currencies
11.9.26 Ability to specifcy language and currency for reports
11.9.27 Ability to report in a different language or currency than what was originally used
11.9.28 Multiple export file formats
11.9.29 Easy export of reports to other standard viewing tools
11.9.30 Export of generated reports to online analytical processing (OLAP) tools
12
Products and Services FC/PC/NC+NP/P OB/MOD Comments
12.1
Product and Service Catalog
Vendor asserts its solution supports:
12.1.1
Availability of product and service catalog to both pre- and postpaid subscribers/customers
12.2
Voice Services
Vendor asserts its solution supports billing for:
12.2.1 Fixed-line voice service, in- and outbound, switched and dedicated
12.2.2 Local and regional calling service
12.2.3 Intra- and inter-provincial service
12.2.4 National and international long distance service
12.2.5 Toll-free, shared-cost, and premium rate service
12.2.6 Operator services
12.2.7 Directory services (lookup and through connect)
12.2.8 Calling card service
12.2.9 Abbreviated dialing service
12.2.10 Emergency calls
Technical Requirements
161
12.2.11 IVR & USSD & USSD call back
12.2.12 Other (please describe)
12.3
Data Services
Vendor asserts its solution supports billing for:
12.3.1 Packet switched data service
12.3.2 Dedicated data service
12.3.3 Internet access, Internet usage
12.3.4 Digital subcriber line (DSL) service (Future Requirement)
12.3.5 Other (please describe)
12.4
Other Services
Vendor asserts its solution supports billing for:
12.4.1 Voice over Internet protocol (VoIP) service
12.4.2 ISDN BAR and PRI service
12.4.3 Centrex/IP Centrex service
12.4.4 Closed user group (CUG) service
12.4.5 Private number plan (PNP) service
12.4.6 Virtual private network (VPN)/IP VPN service
12.4.7 Unified message system (UMS) service
12.4.8 Other intelligent network (IN) services (please describe)
12.4.9 Number portability
12.4.10 Alert service (e-mail)
12.4.11 Satellite-based village communication network (VCN) service
12.4.12 IPTV (Future Requirement)
12.4.13 Content and third-party platform services
12.4.14 Other (please describe)
Technical Requirements
162
12.5
Features and Value-Added Services (VAS)
Vendor asserts its solution supports billing for:
12.5.1 CLIP and CLIR
12.5.2 Call divert
12.5.3 Call forward
12.5.4 Call barring
12.5.5 Call transfer
12.5.6 Call hold
12.5.7 Call waiting
12.5.8 Audio conferencing service
12.5.9 Video conferencing service
12.5.10 Voicemail service
12.5.11 Voice, fax, and family mailboxes
12.5.12 Voice and fax store-and-forward service
12.5.13 Other (please desribe)
12.6
Equipment and Related Services
Vendor asserts its solution supports billing for:
12.6.1
Equipment (dongles, modems, handsets, PBX, other customer premise equipment (CPE), etc.) and accessories sales and rentals
12.6.2 Maintenance contracts and extended warranties
12.6.3 Insurance
12.6.4 Colocation and associated services
12.7
Mobile Products and Services and Wireless Technologies
Vendor asserts its solution supports billing for:
12.7.1 Mobile telephony (GSM, TDMA, CDMA, GPRS, 3G etc. - please list)
Technical Requirements
163
12.7.2 Mobile data services
12.7.3 Mobile fax services
12.7.4 2G to 4G services, including 3GPP and 4G/LTE - please list
12.7.5 GPRS/EDGE
12.7.6 HSDPA/HSPA/HSUPA
12.7.7 Near field communication service (NFC)
12.7.8 Short message service (SMS), voice SMS
12.7.9 Multi-media message service (MMS)
12.7.10 Smart messaging, extended message service (EMS)
12.7.11 Information services delivered via SMS
12.7.12 Caller ring back tones (CBRT)
12.7.13 Unstructured supplementary service data (USSD) and USSD callback
12.7.14 Standard GPRS-based features and upgrades
12.7.15 Standard IN and CAMEL-based features and upgrades
12.7.16 National and international roaming
12.7.17 Features and mobile VAS as per above
12.7.18 Subscriber identity module (SIM) cards
12.7.19 Top-up cards
12.7.20 Microwave circuits
12.7.21 WiFi
12.7.22 WiMAX
12.7.23 WiMAX fixed
12.7.24 Other (please describe)
12.8
Optical Fiber Services
Vendor asserts its solution supports billing for:
12.8.1 Domestic digital private line circuits (DPLC)
Technical Requirements
164
12.8.2 International digital private line circuits (IPLC)
12.8.3 Point-to-point and point-to-multi-point circuits
12.8.4 Dark fiber
12.8.5 Indefeasible right of use (IRU)
12.8.6 Other (please describe)
13 Distribution Channels FC/PC/NC+NP/P OB/MOD Comments
Vendor asserts its solution supports billing for the following distribution channels:
13.1 Retail
13.2 Resale
13.3 Wholesale
13.4 Agents
13.5
Distributors
13.6 Affinity marketers
13.7 Call shops
13.8 Internet cafés
Technical Requirements
165
13.9 Points of sale (POS)
13.10 Other (please describe)
14
Customer, Account and Credit Management FC/PC/NC+NP/P OB/MOD Comments
14.1
General
Vendor asserts its solution supports:
14.1.1 Default subscription definition by system and Afghan Telecom
14.1.2 Overriding of default subscription definition
14.1.3 Creation of subscriptions within account and customer hierarchies
14.1.4 Modification of subscription expiration date upon activation
14.2
Authorization and Audit
Vendor asserts its solution supports:
14.2.1
Authentication for access to and modification of customer, account and credit data
14.2.2
Recording of authority reference and date of approval for changes to customer, account and credit data
14.2.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
14.2.4
Audit tracking and audit trail reporting for all modifications to customer, account and credit data
14.3
Credit Verification, Limits and Control
Vendor asserts its solution supports:
Technical Requirements
166
14.3.1 Online credit checks using third-party databases, such as credit bureaus
14.3.2
Establishment of credit limits for customers and accounts and enforcement of limits by control of usage and charges based on business rules
14.3.3 Different credit limit grades owning different credit balances
14.3.4 Parameter-driven credit thresholds and limits
14.3.5
For post paid a near real time credit check, for prepaid online real time control and information
14.3.6
The ability to extend an additional credit balance to high-value pre- and postpaid customers
14.3.7 Use/application of a credit balance for charges and fees and toward usage
14.3.8 Decrementing of account balance in full prior to using credit balance
14.4
Account Establishment
Vendor asserts its solution supports:
14.4.1
Configurable default account parameters by multiple variables (product/service, type of customer, location, etc.)
14.4.2 Customizable accounts
14.4.3 End-user establishment of accounts via multiple media (online, IVR, etc.)
14.5
Account Hierarchy and Groups
Vendor asserts its solution supports:
14.5.1 Mulitiple and configurable levels of account/customer hierarchy
14.5.2 Multiple subscribers using a single account and vice versa
Technical Requirements
167
14.5.3 Multiple products and services using a single account and vice versa
14.5.4 Multiple simultaneous reservations on shared accounts
14.5.5 Configurable consumption limits by individual group member and total group
14.5.6 Unlimited number of groups and group members
Vendor asserts its solution supports the following group sharing modes:
14.5.7 Consumption limit
14.5.8 Service type
14.5.9 Time schema
14.5.10 Percentage
14.5.11 Unlimited
14.6
Account Adjustments
Vendor asserts its solution supports:
14.6.1 Authorization for all account adjustments
14.6.2 Adjusting accounts at the user level
14.6.3 Adjustment of basic balance and free resource
14.6.4 Account adjustments by a third party
14.6.5 Creation of a detailed log event and log file for all account adjustments
14.6.6 Audit trail for all account adjustments
14.7
Lifecycle States
Vendor asserts its solution supports:
14.7.1
Multiple lifecycle states with different groups of sequences and transition rules
14.7.2
Support for more than single state transitions when the lifecycle check is performed, provided all state transition rules are met
Technical Requirements
168
14.7.3
Notification of other BSS components through file-based record interface of new lifecycle state, in real-time and batch processing modes
14.7.4 Allowing or barring of certain services depending on the lifecycle state
Vendor asserts its solution supports lifecycle state transitions:
14.7.5 Due to the detection of the first call or usage event
14.7.6 Due to recharge operation of a certain value
14.7.7 Due to recharge operation of a specific configurable type
14.7.8 Due to recharge operation through a specific channel
14.7.9 Due to a defined balance or credit limit action
14.7.10 After a pre-defined period of time (e.g., hours or days) in a specific state
14.7.11 After a pre-defined number of days without recharging the balance
14.7.12 Due to an upstream (back-end) provisioning command
15 Tariffs and Charges FC/PC/NC+NP/P OB/MOD Comments
15.1
Tariffs
General
Vendor assertsits solution supports the following:
15.1.1 Flexible creation and management of tariff plans
15.1.2 Table-driven rates and structures for tariff plans
15.1.3 A rule-based application that simplifies maintenance of tariff tables
15.1.4 An offline tariff management tool
15.1.5 Stepped rating within tariff plans
15.1.6 Grouping of locations into zones (for both origination and termination)
15.1.7 Tariffs that can be defined by a combination of tariff elements
Technical Requirements
169
15.1.8 Packaging of products and services with different tariffs
15.1.9 Multicurrency tariff plans
15.1.10 Preferential home zone tariff plans
15.1.11
Ability to accommodate and differentiate among local, regional, national, and international tariff plans
15.1.12 Storage, maintenance, archiving and retrieval of historical tariffs
15.1.13 Storage, maintenance, and retrieval of future tariffs
15.2
Tariff Modifications
Functionality
Authorization and Audit
Vendor asserts its solution supports:
15.2.1 Authentication for access to and modification of tariff information
15.2.2
Recording of authority reference and date of approval for changes to tariffs and tariff plans
15.2.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
15.2.4
Audit tracking and audit trail reporting for all modifications to tariffs and tariff plans
15.3
General
Vendor asserts its solution supports the following:
15.3.1
A simulator or test platform for tariff modications for use prior to implementing in rating engine
15.3.2 Version control for tariff plans
15.3.3 Configuration of tariffs through an easy-to-use GUI
Technical Requirements
170
15.3.4
Ability to import tariff data from common sources in common formats (e.g., Microsoft Excel, csv files)
15.3.5
Easy copying and pasting of rates, and performance of bulk updates, in order to allow the timely introduction of new rate plans
15.3.6
Accommodation of tariffs with start and end dates, or start date and open end date
15.3.7
Application of pricing packages, discounts, and promotions without modifying original tariff plan
15.3.8 Addition, modification, or removal of tariff plans prior to the change effective date
15.3.9 Automatic expiration of old and introduction of new tarrif plans on the effective date
15.3.10
The ability to notify users that a tariff plan is about to expire, based on Afghan Telecom-defined variables
15.3.11
The ability to apply default tariff plans upon expiration of old plans if no new tariff is effective
15.3.12 The ability to override default tariff plans with customized rates
15.3.13 Verification of tariff plan changes before they are used
15.3.14
Modeling and testing of tariff plans prior to implementation into production
15.3.15 Testing of the effects of proposed tariff plan changes prior to their introduction
Please describe:
15.3.16 End-user interface for changing tariff plans
15.3.17 How your solution handles structural changes to existing tariff plans
15.3.18 What your solution offers for new tariff capability
Technical Requirements
171
15.4
Tariff Plan Search, Storage and Retrieval
Vendor asserts its solution supports:
15.4.1 Storage, maintenance, archiving and retrieval of historical tariff plans
15.4.2 Storage, maintenance, and retrieval of future tariff plans
15.4.3 The ability to correct historical tariff plan and tariff errors
15.4.4 Extensive search criteria to query tariff plans (past, present and future)
15.4.5 Easy retrieval of tariff plans (past, present and future)
15.4.6 Extensive modeling of future tariff plans
15.5
Charges
Categories of Charges
Vendor asserts its solution supports:
15.5.1 Prepaid charges
15.5.2 Postpaid charges
15.5.3 Charges billed in advance
15.5.4 Charges billed in arrears
15.5.5 Recurring charges
15.5.6 Non-recurring charges (e.g., installation, equipment)
15.5.7 Flat-rate charges
15.5.8 Usage-based charges
15.5.9 Duration-based charges
15.5.10 Distance-based charges
15.5.11 On-net and off-net charges
15.5.12 Allowance charges (tiered and stepped)
15.5.13 Roaming charges
15.5.14 Location-based charges
15.5.15 Non-charged events
15.5.16 Non-charging based on defined business rules (e.g., X minutes or KBs free)
Technical Requirements
172
15.5.17 Session charges
15.5.18 Surcharges
15.5.19 Charges by zone, for both incoming and outgoing calls
15.5.20 Manually added charges (exception events)
15.5.21 Service charges (e.g., installation and repair)
15.5.22 Taxes, fees and surcharges and special taxes on special customers
15.5.23 Charges at accout level and at subscription level
15.5.24 Bundling of charges
15.5.25 Differential charging
15.5.26 Third-party charges (from and to third-party vendors)
15.5.27 Commission charges
15.5.28 Online charges and recharges
15.5.29 On- and offline charging
15.6
Specific Types of Charges
Vendor asserts its solution supports:
15.6.1 Circuit-switched voice calls
15.6.2 Standard telephony events
15.6.3
Standard telephony features (e.g, call waiting, call forwarding), per-use and flat-rate
15.6.4 Operator-assisted calls
15.6.5 Directory assistance calls
15.6.6
Non-charged events (e.g., free calls to customer service and emergency services)
15.6.7 Shared charges (e.g., shared-cost services)
15.6.8 Premium charges (e.g., premium-rate services)
15.6.9 Reversed charges (called party pays)
15.6.10 Value-added services (VAS) (e.g, voice mail, conference calling)
Technical Requirements
173
15.6.11 Packet-switched voice and data calls
15.6.12 Content-based charges (Afghan Telecom and third-party)
15.6.13 Interactive services
15.6.14 Mobile services
15.6.15 TAP charges (list standards supported)
15.6.16 Mobile service features and supplementary services (e.g., SMS)
15.6.17 Minimum and maximum charges
15.6.18
Charging for the above components either independently or in any combination
15.6.19 Simple charge rate
15.6.20 Fixed fee
15.6.21 Rank pricing
15.6.22 Time span pricing
15.6.23 Reference pricing
15.6.24 Mixed pricing
15.6.25 Tariff tree mode for the previous six entries
15.7
Charge Functionality
Authorization and Audit
Vendor asserts its solution supports:
15.7.1 Authentication for access to and modification of charge information
15.7.2
Recording of authority reference and date of approval for changes to charges
15.7.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
15.7.4 Audit tracking and audit trail reporting for all modifications to charges
Technical Requirements
174
16 Charging and Balance Control
FC/PC/NC+NP/P OB/MOD Comments
16.1
General
Vendor asserts its solution supports:
16.1.1
A robust accumulator that accommodates all network transactions and service applications
16.1.2 Switching between pre- and post-paid accounts
16.1.3 Real-time balance/credit monitoring
16.1.4
Different charging mechanisms available for different sales and distribution channels, including for POS and hybrid customers
16.1.5
Generation of charges based on applicable tariff plan(s) or other relevant charge data
16.1.6 Generation of charges based on third-party costs and prices
16.1.7 Charging based on calling and called party locations or a combination of both
16.1.8
Application of different charges for the same destination, unit, or other charged service or event depending on variables such as account, subscriber, activation date, and type of customer
16.1.9
The ability to charge for simultaneous events (e.g., multi-party calls, voice call and web browsing)
16.1.10 Real-time event charging capability (one-off and recurring)
16.1.11
Configurable charge periods according to Afghan Telecom-defined parameters (e.g., per-minute, per-hour, daily, monthly, annually)
Technical Requirements
175
16.1.12
Accommodation of charges with start and end dates, or start date and open end date
16.1.13
Flexible addition, changing, and removal of charges based on customer-defined criteria
16.1.14 Accrual of charges up to prepaid balance and credit limit
16.1.15 Denial of service once prepaid balance or credit limit is reached
16.1.16 Proration of charges based on billing cycle
16.1.17 Proration of charges based on customer-defined criteria
16.1.18
Charging by a period different than the bill cycle, such as on an annual basis, over multiple bill cycles, and by remaining days of the month or year
16.1.19 The ability to charge in customer-defined installments
16.1.20 The ability to reverse charges (called party pays)
16.1.21 Calculation of operator-assisted charges, both per-call and per-minute
16.1.22 Calculation of tax charges according to stored tax tables
16.1.23
Calculation of fees and penalty charges, such as late fees and reactivation fees
16.1.24
The ability to match charges to the correct subscriber, account and customer, including service activation and deactivation dates
16.1.25 Storage, maintenance, archiving and retrieval of historical charges
16.1.26 Storage, maintenance, and retrieval of future charges
16.1.27
Automatic generation of charges for the printing and reprinting of invoices and call detail reports
Technical Requirements
176
16.1.28 The ability to setup different active time based on top up value/voucher denomination
16.1.29
The ability to setup different active time based on customer-defined variables, such as class of service (COS), package, and price plan
16.1.30
The ability to setup different active time based on account status (e.g., if subscriber tops up during active period, s/he gets a longer active period than if s/he tops up in grace period)
16.1.31
The ability for customers to choose packages and rate plans via IVR, USSD, and web portal
16.2
Recurring Charges
Vendor asserts its solution supports:
16.2.1
Calculation of recurring charges based on standard and customer-defined intervals
16.3
Non-recurring Charges
Vendor asserts its solution supports:
16.3.1 Calculation of non-recurring charges, standard and customer-configurable
16.3.2 Manually-added one-off charges
16.4
Flat-rate Charges
Vendor asserts its solution supports:
16.4.1 Calculation of flat-rate charges
16.4.2
The ability to charge a flat-rate based on customer-defined criteria (e.g., X for Y minutes)
16.4.3 The ability to combine charged events into flat-rate charges
Technical Requirements
177
16.5
Usage-based Charges
Vendor asserts its solution supports:
16.5.1 Calculation of usage-based charges for both voice and data services
16.5.2 Call setup charges
16.5.3 Charging based on origination, termination, or both
16.5.4
Application of multiple rating schemes to the same call (e.g., calls that span multiple rating periods)
16.5.5
Initiation of charge upon receipt of answer supervision from the called subscriber
16.5.6 Stopping of charge when either party stops the call
16.5.7
Recording of the time period between the initiation and the stoppage of charge (raw call duration)
16.5.8
Configurable minimum number of seconds before a call is charged (minimum call duration)
16.5.9 Setting of charge to zero when a call does not meet the minimum call duration
16.5.10 Customer-defined rounding rules for usage charges
16.5.11 Application of rounding rules by subscriber, account or customer type
16.5.12
The ability to charge different charges for an intitial duration period and subsequent duration periods (e.g., 30"/6", 1"/1")
16.5.13
Calculation of charges for call duration that is based on rounding rules (rounded call duration)
Technical Requirements
178
16.5.14
Configurable minimum call charge duration set for calls setup using operators, whereby a successful call setup by the operator is charged at least the minimum call duration
16.5.15
The ability to charge for data services per unit of speed (e.g., mbps), by volume (e.g., X MB), or by time period (e.g., per hour), all customer-configurable
16.5.16
The ability to charge up to a defined threshhold and for amounts exceeding that threshhold
16.6
Charging for Packet-switched Data Calls
Vendor asserts its solution supports:
16.6.1 Charging for mobile subsriber-initiated sessions
16.6.2 Charging for mobile subscriber-terminated sessions
16.6.3 Charging by amount of data transferred for moblie subscriber-initiated sessions
16.6.4
Charging by amount of data transferred for moblie subscriber-terminated sessions
16.6.5
Non-charging of sessions (e.g., for mobile-to-mobile calls, toll-free calls, emergency services calls, short codes)
16.6.6 Reverse charging on various service provisioning nodes
16.6.7
Charging of mobile subscriber-originated calls to independent network services
16.7
Data Service Charges
Vendor asserts its solution supports:
16.7.1 Charging for data services based on a diameter solution
Technical Requirements
179
16.7.2 Different charges based on different data speeds or levels of data speeds
16.7.3 Data charging by time and volume
16.7.4 Charging for content by unit and in total
16.7.5 Easy changing of data plans, including temporary changes
16.8
Differential Charging
Vendor asserts its solution supports:
16.8.1 Charging based on time of day (e.g., day, evening, night or peak and off-peak)
16.8.2
Charging based on calendar day (e.g., day of week, holidays, promotional "free" days)
16.8.3 Charging based on calendar date
16.8.4
Discounted charging based on customer-defined packages, promotions and rules
16.9
Preferential Charging
Vendor asserts its solution supports:
16.9.1
Charging of different rates to different third-parties and customers of different third parties
16.10
Caclulation and Application of Charges
Vendor asserts its solution supports:
16.10.1 Complete CDR/UDR, real-time charging functionality and protocols
16.10.2 Batch charging capabilities, scheduled and on demand
16.10.3 Validation to ensure a charge is valid
16.10.4 Calculation of charges in multiple currencies
16.10.5 Display of charges in multiple currencies
Technical Requirements
180
16.10.6
Inclusion or exclusion of specific charges in the calculation of discounts, fees and taxes
16.10.7 Application of charges to a subscriber, account or customer directly
16.10.8 Application of charges to another subscriber, account or customer
16.10.9
Aggregation of charges for defined groups (e.g., family plans, multi-location corporate customers)
16.10.10
The choice by Afghan Telecom to apply charges or not if subscriber's balance is insufficient
16.10.11
The choice by Afghan Telecom to apply charges or not if subscriber's status is suspended
16.11
Commission and Third-Party Charges
Vendor asserts its solution supports:
16.11.1 Calculation of commission charges on units and usage (volume and revenue)
16.11.2
Calculation of commission charges by account, customer, product/service, or other criteria
16.11.3
Calculation of commission charges by sales person and sales channel, individually and in the aggregate
16.11.4
Calculation of fees and charges due from and to third-party vendors and intermediaries based on negotiated terms and business rules
16.12
Online Charging Gateway
Vendor asserts its solution supports:
16.12.1 Online charging gateway (OCG) functionality (please list protocols supported)
Technical Requirements
181
16.12.2 Universal voucher center (UVC) capabilities (please provide description)
16.12.3 Pre-charge confirmation
16.12.4 Balance-on-demand capabilities
16.12.5 Multiple access modes (please describe)
16.12.6 Virtual distribution
16.13
Balance Functionality
Vendor asserts its solution:
16.13.1 Controls the account balance in real time
Please elaborate on the following:
16.13.2 Where the master account balance is stored?
16.13.3
How does your solution ensure the accuracy of the account balance during the real-time charging process?
16.13.4 Does your solution use a reservation mechanism? How does it work?
16.13.5 Are duplicates of the account balance used?
16.13.6 How do you keep the duplicate(s) in sync with the master account balance?
16.13.7
How do you support charging of parallel services from the account balance (e.g., when a user makes a phone call and sends data at the same time)?
16.13.8 Vendor asserts its solution supports:
16.13.9 Configurable minimum balance requirements
16.13.10 Configurable maximum balances allowed
16.13.11 Configurable balance usage requirements
Technical Requirements
182
16.13.12
Configurable rules for allowing services (e.g, incoming calls, and outgoing calls to certain numbers such as emergency, customer service, and recharge) regardless of balance
16.13.13
Expressing the account balance in multiple ways (e.g., in total; for voice, data, and content; in currency; in time; in value)
16.13.14 The option to have a single account balance used for all products and services
16.13.15
Administering several balances in different units for an account (e.g., a voice balance in money and a data balance in MB)
16.13.16
A master account structure whereby the master account controls payments/recharges, sharing and distribution of credit, and controling/limiting usage for all subordinate accounts
16.13.17 Balance sharing across customers and accounts, including across SIMs
16.13.18
The ability to define the rules by which a balance can be shared (e.g., for a specific service or group of services or among specfic customers or account types)
16.13.19
Registering of multiple balances in the same unit, e.g., a private balance and a business balance
16.13.20 Configurable balance expirations with override capability
16.13.21 Communication of balance expiration to change account state
16.13.22 Automatic resetting of customer to active state upon recharge
Technical Requirements
183
16.13.23
The ability to extend an additional credit balance to high-value pre- and postpaid customers
16.13.24 Decrementing of account balance in full prior to using credit balance
16.13.25 Use/application of a credit balance for charges and fees and toward usage
16.13.26
Balance modification after every charge. An account balance may also be negative.
16.13.27
Customer self-care functions (IVR, USSD, web interface) by which customer can control and manage balance and payment information
16.13.28
Configurable bonus units of balance according to Afghan Telecom-defined parameters (e.g., amount of top up, type of voucher)
16.13.29 Application of refunds, discounts, and rebates as a balance credit
16.14
Reserve Balances
Vendor asserts its solution supports:
16.14.1
Real-time balance reservation capabilities, configurable and executable by end-users
16.14.2
Balance reservation across accounts by sequential priority (or example: if the balance of a premium account (priority=1) is insufficient, the reservation can switch to the master account (priority=2)).
16.14.3 Multiple simultaneous balance reservations
16.14.4 Balance reservation cancellation and refunds in real time
16.15
Balance Transfers
Technical Requirements
184
Vendor asserts its solution supports:
16.15.1
Tranferring balances between and among accounts of different subscribers
16.15.2 State control for balance transfers
16.15.3 Modification of the balance expiration during balance transfers
16.15.4 Limitations on transferer's balance during transfers
16.15.5 Limitations on transferer amounts
16.15.6 Charging for balance transfers
16.15.7 Notifications of balance transfers
16.15.8 Multiple method of balance transfer (e.g., SMS, IVR, online, etc.)
16.15.9 Transfer of free resource accounts between and among different subscribers
16.15.10 The exchange of balance funds for expiration period extenstion
16.16
Hybrid Customers
Vendor asserts its solution supports:
16.16.1
Balance transfer from prepaid account to postpaid account of the same hybrid customer
16.16.2
Balance transfer from postpaid account to prepaid account of the same hybrid customer
16.16.3
Balance transfer from prepaid account to postpaid account from different customers
16.16.4
Balance transfer from postpaid account to prepaid account from different customers
16.17
Voucher Management
Please describe:
Technical Requirements
185
16.17.1 How voucher batches are entered
16.17.2 How batches are activated
16.17.3 How new voucher records are created in your system
16.17.4 How your solution supports fraud detection
Vendor asserts its solution supports:
16.17.5 The creation and activation of voucher ranges and updates to voucher status
16.17.6
An import function to introduce internal and externally-generated voucher number ranges via a batch interface
16.17.7 Voucher activation by entering voucher serial number only
16.17.8 No time restrictions on voucher activations (can be done at any time of day)
16.17.9 Voucher activation via remote systems
16.17.10 Querying of vouchers by voucher serial number and by voucher code
16.17.11
Querying of the subscriber who has used a voucher by entering serial number or code of the voucher
16.18
Recharging
Vendor asserts its solution supports:
16.18.1
Configurable minimum and maximum number of recharges according to Afghan Telecom-defined parameters
16.18.2
Configurable minimum and maximum amount of recharges according to Afghan Telecom-defined parameters
16.18.3
Customer-triggered and automatic recharging (e.g., upon reaching minimum balance)
Technical Requirements
186
16.18.4
Recording and storing of recharge information, including date and time and other identifiers
16.18.5
Recording of full recharge history with all related status changes, including dates and times
16.18.6 Recharging by all supported payment methods
16.18.7 Recharging via multiple modes (e.g., IVR, USSD, online, customer service)
16.18.8
Recharging by third parties (e.g., an individual charging another's account and balance top-ups due to affinity partners)
16.19
Messaging and Charge Information
Vendor asserts its solution supports:
16.19.1
Inbound and outbound triggered charge, recharge, transfer, and balance messages according to Afghan-Telecom defined parameters
16.19.2
Ability to provide charge, recharge, transfer, and balance information to end-user automatically
16.19.3
Ability to provide charge, recharge, transfer, and balance information to end-user on demand
16.19.4
Ability to provide charge, recharge, transfer, and balance information to end-user both automatically and on demand
16.19.5 Ability to provide notifications in multiple languages and currencies
17 Rates and Rating
FC/PC/NC+NP/P OB/MOD Comments 17.1
Rating by Event Type/Category
Vendor asserts its solution supports rating by/for:
Technical Requirements
187
17.1.1 Type of product or service
17.1.2 Tariff plan
17.1.3 Tariff class
17.1.4 Type of subscriber
17.1.5 Type of account
17.1.6 Type of customer
17.1.7 Unique customer ID (custom rating)
17.1.8 Event
17.1.9 Usage
17.1.10 Duration (raw and rounded)
17.1.11 Distance
17.1.12 Total usage/volume
17.1.13 Time of day
17.1.14 Day of week
17.1.15 Day and date of month
17.1.16 Day and date of year
17.1.17 Ingress, transit and egress
17.1.18 Local calls
17.1.19 Extended local calls
17.1.20 Regional calls
17.1.21 National calls
17.1.22 International calls
17.1.23 Long distance calls (regional, national and international)
17.1.24 Transit calls/transit traffic
17.1.25 On-net calls
17.1.26 Off-net calls
17.1.27 Free calls (toll-free, emergency services, short codes)
17.1.28 Shared-cost calls
17.1.29 Premium-rate calls
Technical Requirements
188
17.1.30 Originating zone/band (A number)
17.1.31 Terminating zone/band (B number)
17.1.32
Combination of originating zone/band (A number) and terminating band/zone (B number)
17.1.33 Special B numbers and short codes
17.1.34 Special A and B number pairs
17.1.35 Preferential numbers, such "friends and family" services
17.1.36 Destination-specific calls
17.1.37 Peg counts (e.g, answering service or paging calls)
17.1.38 Zone based calls, both to and from
17.1.39 Free calling zones
17.1.40 Time bands
17.1.41 Inbuilt calls and spends
17.1.42 Packages and bundles
17.1.43 Internet bandwidth/data service, by usage (e.g, Mbytes)
17.1.44 Internet bandwidth/data service, by duration connected
17.1.45 Flag fall components
17.1.46 Roaming calls, incoming and outgoing
17.1.47 Roaming calls, national and international
17.1.48 Location-based services
17.1.49 Quality of service (QoS) from elements within the CDR/UDR
17.1.50 Content (type and amount)
17.1.51 Tiered and stepped rating
17.1.52 Volume rating
17.1.53 Flat-rate events
Technical Requirements
189
17.1.54 Fixed-charge events
17.1.55 Interactive events
17.1.56 Other applicable charges, fixed and calculated
17.1.57 Multiple combinations of the above
17.1.58 User defined elements and rules
17.2
Rating Engine
Vendor asserts its rating engine supports:
17.2.1 Direct interface to the mediation system
17.2.2 Multiple direct interfaces
17.2.3 Real-time rating
17.2.4 Batch rating, scheduled and on demand
17.2.5 Real-time credit limit monitoring
17.2.6 Balance-on-demand capabilities
17.2.7
Retail and wholesale (interconnect settlement/carrier billing) rating
17.2.8 Operator dependent rating
17.2.9 Rating in multiple currencies
17.2.10 Configurable dynamic exchange rates
17.2.11 Multi-dimensional rating
17.2.12 Standard and customer-customizable definition of input record format
17.2.13 Standard and customer-customizable definition of output record format
17.2.14 Standard and customer-customizable definition of stored record format
17.3
Functionality
Authorization and Audit
Vendor asserts its solution supports:
Technical Requirements
190
17.3.1 Authentication for access to and modification of rate information
17.3.2
Recording of authority reference and date of approval for changes to rates
17.3.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
17.3.4 Audit tracking and audit trail reporting for all modifications to rates
17.4
Multiple Rating Processes
Vendor asserts that its solution supports:
17.4.1
Initial rating prior to calculation and application of fees, discounts, taxes and commissions
17.4.2
Rating processes to calculate and apply, separately or in combination, fees, discounts, taxes and commissions
17.4.3 Final rating after application of fees, discounts, taxes and commissions
17.4.4 Reporting of and at all rating processes
17.5
General
Vendor asserts its solution supports:
17.5.1 Filtering of non-chargeable records from chargeable records
17.5.2 Rating by any field in the CDR/UDR
17.5.3 Rating by a combination of fields in the CDR/UDR
17.5.4 Rating of raw and rounded usage/data
17.5.5 Storage of both cost (vendor) and price (Afghan Telecom's customer) data
17.5.6 Rating of both cost (vendor) and price (Afghan Telecom's customer) data
Technical Requirements
191
17.5.7 Rating according to duration rules (initial and incremental)
17.5.8 Rating according to rounding rules (initial and incremental)
17.5.9 Rating for packet data
17.5.10 Processing of pre-rated CDRs/UDRs
17.5.11 Effective error reprocessing that minimizes the number of unrated CDRs/UDRs
17.5.12 Re-rating of unrated CDRs/UDRs, automtically and on demand
17.5.13 Reject processing and reporting
17.5.14 Verification of rated CDRs/UDRs
17.5.15
Re-rating of incorrectly rated CDRs/UDRs (e.g., for a billing dispute resolved in customer's favor)
17.5.16 Interface to a least cost routing engine or application
17.5.17
Determination of the most efficient use of available routing options by performing a comprehensive analysis of costs, available routes, capacity and quality of service
17.5.18
Customer prices and Afghan Telecom costs that can represent the sum of components that are computed based on the above event types/categories
17.5.19 Minimum prices per call, event, customer, etc.
17.5.20 Maximum prices per call, event, customer, etc.
17.5.21
Minimum spends and consolidation of minimum spends at the subsriber, account and customer levels
17.5.22
Minimum spends and consolidation of maximum spends at the subsriber, account and customer levels
Technical Requirements
192
17.5.23
Application of type of rating (real-time or batch) according to customer-defined parameters
17.5.24 Real-time determination of the tariff plan under which the service shall be rated
17.5.25 Querying of third-party costs
17.5.26 Application of third-party rates and tariff plans
17.6
Usage Rating
Vendor asserts its solution supports:
17.6.1 Voice and data usage rating
17.6.2
Analysis of variables (e.g., product, service, customer, time, day, destination) and application of different rates, rate categories, or tariff plans based on defined variables for different types of calls or sessions
17.6.3 Rating of usage records based on the defined tariff plan/rate table
17.6.4
Configurability as to whether, for calls/sessions spanning different time bands, the whole call/session is charged at the initial time band rate or the call is charged at the appropriate rate for the time duration in each time band
17.6.5
Identification of variations in usage records and generation of warning messages
17.6.6 Identification of unrated usage
17.6.7 Identification of volume and amount (price and cost) of rejected usage
17.6.8 Examination of usage records through on-line access to these records
17.6.9 Robust usage reporting to support usage investigation
Technical Requirements
193
17.6.10
Investigations based on customer-defined criteria, such as a search for B number usage
17.7
Call Charge and Long Distance Rating
Vendor asserts its solution supports:
17.7.1 Rating by dial-code, by origination, termination or both
17.7.2
Ability to accommodate multiple dial-code lists, whether by product, service, account, customer, etc.
17.7.3 No limit to the number of dial-code digits used for rating
17.7.4 Multiple long distance carriers
17.7.5
Calculation of toll charges according to the rates of the specified long distance carrier used by the subscriber
17.7.6 Outcollect processing
17.7.7 Incollect processing
17.7.8 Clearinghouse functionality
17.7.9 Local portability
17.7.10 Service portability
17.8
Mobile and Wireless
Vendor asserts its solution supports:
17.8.1
Rating for services provided through wireless protocols based on content, application volume, quality of service, transactions, and location
17.8.2
Common business models within the IP environment, such as revenue sharing and sponsored billing for services delivered over wireless protocols
Technical Requirements
194
17.8.3
Rating of national calls based on: (a) both the originating zone and the terminating zone when calling another mobile or fixed line number, (b) whether the originating zone is the home zone of the handset or not, (c) the area code of the phone number for mobile to fixed calls, (d) which zone a mobile receives a call in, and (e) other parameters, such as the time of day
17.8.4
Rating of international calls based on: (a) the originating zone and the international country code, (b) if the originating zone is the home zone of the handset or not, (c) which zone a mobile receives an international call in, and (d) other parameters, such as the time of day
17.9
Other
Vendor asserts its solution supports:
17.9.1
Calculation of both the price for the customer and the revenue for the service provider for premium rate services
17.9.2 Receipt of inquiries and disputes from the customer care application
17.10
Rate Search, Storage and Retrieval
Vendor asserts its solution supports:
17.10.1 Storage, maintenance, archiving and retrieval of historical rates
17.10.2 Storage, maintenance, and retrieval of future rates
17.10.3 The ability to correct historical rate errors
17.10.4 Extensive search criteria to query rates (past, present and future)
Technical Requirements
195
17.10.5 Easy retrieval of rates (past, present and future)
17.10.6 Extensive modeling of future rates
18
Fees and Taxes FC/PC/NC+NP/P OB/MOD Comments
18.1
Types of Fees
Vendor asserts its solution supports:
18.1.1 Standard billing fees (e.g., activation fees, service fees)
18.1.2 Standard financial fees (e.g., late fees, interest fees)
18.1.3 Regulatory fees
18.1.4 Transaction fees
18.1.5 Activity fees
18.1.6 Commission fees
18.1.7 Base fees and flat base fees
18.1.8 Recurring and one-time fees
18.1.9 Permanent and temporary fees
18.1.10 Internal and external fees
18.1.11 Third-party provider and intermediary fees
18.1.12 Minimum and maximum fees, individually or aggregated
18.1.13 Miscellaneous fees
18.1.14 Fee credits/reversal of fees
18.2
Fee Schedules
Vendor asserts its solution supports:
18.2.1 Specification of which portfolios are associated with which fee schedules
18.2.2 Grouping of assets together and associating different fee schedules to groups
18.2.3 Account-specific fee schedules and discounts
18.2.4 Application of multiple fee schedules
Technical Requirements
196
18.2.5
Assignment of fee schedules based on activities that require manual intervention, versus those that are a straight through process
18.3
Calculation and Application of Fees
Vendor asserts its solution supports:
18.3.1 Specification of the beginning and end date for a fee period
18.3.2 Proration of fees
18.3.3 Calculation of fees as a unit, total, percentage of, deferred, or imputed
18.3.4
Calculation of fees automatically by customer-defined variables and manually
18.3.5 Specification of the currency to calculate fees in
18.3.6 Specification of the currency to charge fees in
18.3.7 Calculation of fees in multiple currencies
18.3.8
Designation of the number of free customer-defined variables before fees are charged
18.3.9
Inclusion or exclusion of attributes (such as payments, receivables, other fees) for fee calculation
18.3.10
Ability to calculate fees for bundled products and services individually or as a package
18.3.11 Calculation of commission fees on units and usage (volume and revenue)
18.3.12
Calculation of commission fees by account, customer, product/service, or other criteria
18.3.13
Calculation of commission fees by sales person and sales channel, individually and in the aggregate
Technical Requirements
197
18.3.14 Real-time and batch processing and application of fees
18.3.15
Calculation, modification, and accrual of fees for third-party providers and intermediaries based on fee schedules, transaction volumes, assets, or negotiated terms and rates and business rules
18.3.16 Display of different fees on invoices
18.3.17 Aggregation of fees by type and other variables
18.3.18 Calculation and application of fee credits according to all of the above
18.3.19
Billing of a client ahead of actual collection of the fee, followed by charging on a specific date
18.3.20 Review of fee calculations prior to actual invoicing
18.3.21 Recalculation/correction of erroneous fees
18.3.22 Reveresal of fees charged
18.4
Taxes
Vendor asserts its solution supports:
18.4.1 Direct interface to a stand-alone taxing system or tax tables
18.4.2
Definition of taxes that apply to all subscribers/customers, and taxes that only apply to certain subscribers/customers
18.4.3
Definition of taxes that apply to all products and services, and taxes that only apply to certain products or services
18.4.4 Flagging and recognition of tax-exempt customers
18.4.5 Specification of the currency to calculate the tax in
Technical Requirements
198
18.4.6 Specification of the currency to charge the tax in
18.4.7
Inclusion or exclusion of attributes (such as payments, receivables, other fees) for tax calculation
18.4.8 Flat and multi-tiered taxes
18.4.9 Fixed amount and percentage based taxes
18.4.10 Selective application of tax to certain types of transaction or services
18.4.11 Charging of selected taxes, such as tax stamps, only when the bill is paid
18.4.12 Setting of the type and level of taxation individually for every charge
18.4.13 Editing of taxes
18.4.14 Display of different taxes and tax rates on invoices
18.4.15
Calculation and accrual of taxes for all services provided to third-party providers or intermediaries
18.4.16 Aggregation of taxes by type and other variables
18.4.17 Recalculation/correction of erroneous taxes
18.4.18 Calculation and application of tax credits according to all of the above
18.4.19 Reveresal of taxes charged
19 Packages, Discounts, and Promotions FC/PC/NC+NP/P OB/MOD Comments
19.1
Packages (Bundling)
Vendor asserts its solution supports:
19.1.1
Flexibility to bundle multiple products, services, and supplementary services into packages
19.1.2
Flexibility to specify pricing/tariff plans and conditions, such as eligible customer profiles and payment terms, for each package
Technical Requirements
199
19.1.3
Application of discounts and conditions to packages even though they may not apply to individual products, services, or supplementary services
19.1.4
Bundled packages with mixtures of recurring, non-recurring, and flat rate charges
19.1.5
Flexibility to create "on-the-spot" tailored packages, e.g., for high-value customers
19.1.6
Quick introduction and implementation of new packages with short times-to-market
19.1.7
Display of packages, discounts, and promotions (e.g, savings rendered and how) on invoices
19.2
Discounts
Types of Discounts
Vendor asserts its solution supports discounts based on:
19.2.1 Account - type of, specific, and combination of
19.2.2 Product/service and product/service category
19.2.3 Customer and groups of customers
19.2.4 Origination (country and network)
19.2.5 Destination (country and network)
19.2.6 Type of call (on-net, off-net, long distance, data, etc.)
19.2.7 Specific number, numbers, or groups of numbers
19.2.8 Groups of destinations (e.g., all calls to Europe)
19.2.9 Packages or bundles
19.2.10 Time of day
19.2.11 Day of week, day of year, and specific date
19.2.12 Total number of calls
Technical Requirements
200
19.2.13 Total call duration
19.2.14 Features or groups of features
19.2.15 Value-added services (VAS)
19.2.16 Number of units (accounts, lines, handsets, etc.)
19.2.17 Step-wise discount per step (at least five levels)
19.2.18 Step-wise cumulative discount (at least five levels)
19.2.19 Volume/usage - specific destination, product/service and total
19.2.20 Volume/usage that spans multiple billing periods
19.2.21 Volume threshhold or ceiling (units, usage, and currency amount)
19.2.22 A particular bill type
19.2.23 Total amount of the bill
19.2.24
A particular traffic or usage type (e.g., voice, video calls, traffic from a particular access point, etc.)
19.2.25 Loyalty plans
19.2.26
"Affinity" or "association" programs, where identified customers are part of a specific group that is given a reduced rate or discount
19.2.27 Referrals
19.2.28 Customized contracts
19.3
Discount Functionality
Vendor asserts its solution supports:
19.3.1 Real-time discounting
19.3.2 Periodic discounting
19.3.3 Flexible, customizable discounting mechanisms
19.3.4 Percentage discounts
Technical Requirements
201
19.3.5 Currency amound discounts
19.3.6 Unit discounts
19.3.7
Cross-product/service discounts, such as buy one product/service and get a discount on another other product/service
19.3.8 Flat and multi-tier discounts
19.3.9
Assignment of multiple discounts plans to multiple products/services, accounts, customers, etc.
19.3.10 Start dates and end dates for discounts
19.3.11 Setting of default discounts
19.3.12 Discount exclusion rules
19.3.13 "Double-dipping" discounting
19.3.14 Multi-discount qualification rules
19.3.15 Multi-customer usage aggregation for volume discounting
19.3.16 Rebates
19.3.17 Application of discounts as a balance credit
19.4
Promotions
Vendor asserts its solution supports:
19.4.1 Flexible, customizable promotions
19.4.2 Promotions specific to products/services and supplementary services
19.4.3 Promotions specfic to new, existing, specific, and groups of customers
19.4.4 Promotions specific to market segments
19.4.5 Multi-product and multi-service promotions
19.4.6 Promotions for referrals
19.4.7 Award of free units as promotional scheme
19.4.8 Promotions that combine discounts and free units
19.5
Free Units
Vendor asserts its solution supports:
Technical Requirements
202
19.5.1
Calculation and application of earned free units (as part of packages, discounts, promotions, loyalty programs, and external alliances)
19.5.2 Pooling of free units across several accounts
19.5.3 Prioritization of free units and discount packages
19.5.4 Carryover of free units to the next billing cycle
19.6
Customer Loyalty Programs
Vendor asserts its solution supports:
19.6.1
Customer loyalty programs that permit reducing the cost of customer acquisition and enhancing customer retention
19.6.2
Loyalty programs based on customer-defined variables such as high usage, subscribed or added services, and payment history
19.7
External Alliances
Vendor asserts its solution supports:
19.7.1
Interface with external alliance partners' platforms such as for frequent flyer miles, reward points, etc.
19.7.2 The ability to include status of external alliance rewards on invoices
20 Invoices, Statements, and Billing
FC/PC/NC+NP/P OB/MOD Comments
20.1
General
Vendor asserts its solution supports:
20.1.1
Convergent billing, providing customers with a single bill combining multiple products and services
20.1.2 Paper invoicing
20.1.3 Electronic bill presentation and payment (EBPP)
Technical Requirements
203
20.1.4
Online invoices, WAP invoices, e-mailed invoices, SMS invoice totals, and billing services provided through GPRS, 3G and IVR
20.1.5 Combination of methods of invoicing
20.1.6 Itemized and summary invoices and statements
20.1.7 Interface to automated clearing house (ACH) systems
20.2
Authorization and Audit
Vendor asserts its solution supports:
20.2.1 Authentication for access to and modification of invoices and billing information
20.2.2 Recording of authority reference and date of approval for all changes
20.2.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
20.2.4 Audit tracking and audit trail reporting for all modifications
20.2.5
Bill cycle control and verification reports to support the bill cycle approval process
20.3
Data Importing
Vendor asserts its solution supports:
20.3.1
Import of calculated customer charges from other billing systems, such as IN, ISP and PDN billing systems through standard interfaces
20.3.2
Import of calculated customer charges generated by other billing systems/partners, such as the IN, ISP, and PDN billing systems, from standard text formatted files
20.3.3 Import of charges from a standard text formatted files
Technical Requirements
204
20.4
Billing Functionality
Vendor asserts its solution supports:
20.4.1
Specification by Afghan Telecom or customer of the currency to calculate invoices in
20.4.2
Specification by Afghan Telecom or customer of the currency to present invoices in
20.4.3
Specification by Afghan Telecom or customer of the language to present invoices in
20.4.4 Calculation and presentation of invoices in multiple currencies
20.4.5 Presentation of invoices in multiple languages
20.4.6 Monitoring of back-end billing processes and status checks on each node
20.4.7 A default monthly billing cycle
20.4.8 Scattered settlement dates
20.4.9 Floating settlement dates
20.4.10 Multiple settlement dates
20.4.11
Invoicing generation by BTN or customer, account, or group number (Afghan Telecom-defined)
20.4.12 Flagging of charges, fees, and taxes as nonbillable
20.4.13 Re-rating of events (if required) using fixed or sliding tiers and total volume
20.4.14
Setting of an Afghan-Telecom defined billing limit, under which an invoice is not generated, and adding of unbilled charges to next invoice
20.4.15 Invoicing of multiple phone numbers associated with one piece of equipment
20.4.16 Invoicing of an account or customer directly
Technical Requirements
205
20.4.17 Invoicing of one account or customer to another account or customer
20.4.18 Delineation and separation of different types of charges (e.g., usage, rental,
20.4.19 Combining accounts or customers into a single invoice
20.4.20
Single invoices for single product/service and summary invoices for multiple products/services
20.4.21
Association of invoices with accounts that may have one or more services associated with them
20.4.22
Production of either detailed or not-detailed invoices at the customer, subscriber, account, and group levels
20.4.23 Flexible invoicing to customers with hierarchical accounts
20.4.24
Creation of invoice summary sections by charge type and separating charge components for an event
20.4.25
Itemization of billing to allow for an optional detailing of all events in a date and time sequence
20.4.26
Custom messages on invoices and statements, based on variables such as customer type, product/service, payment status
20.4.27 Balance forward capability
20.5
Bill Messages
Vendor asserts its solution supports:
20.5.1 Addition of messages (marketing and financial) to invoices
Technical Requirements
206
20.5.2
Addition or suppression of specific messages based on selected criteria, such as type of customer or account, total bill amount, products/services, and location
20.5.3 Prioritization of messages based on customer profile
20.5.4 Addition of reminders to invoices
20.5.5 Messages that are in the same language as the bill
20.5.6 Messages from external alliance partners, such as earned and accrued rewards
20.5.7
Different remittance advice based on selected criteria, such as type of customer or account, total bill amount, products/services, and location
20.5.8 Tracking of all customer messages
20.6
Invoice and Statement Formats
Vendor asserts its solution supports:
20.6.1 The following minimum invoice information:
20.6.2 Customer/subscriber information, including name and unique identifier
20.6.3 Account(s) information
20.6.4 Summary charge information
20.6.5 Itemized charge information
20.6.6 Previous balance, payments, and credits
20.6.7 Remittance information
20.6.8
Parameter-driven invoice and statement formats, in which fields and sections may be added, amended, and deleted without help from the vendor, and with flexible, configurable layouts
20.6.9 Different formats for different currencies and languages
Technical Requirements
207
20.6.10 Different formats for different sections
20.6.11
Quick and easy modification of invoice and statement formats using an on-line graphical-based tool with cut and paste features
20.6.12 Elimination of the need for coding format changes
20.6.13 Multiple fonts and font sizes
20.6.14 Multiple number formats
20.6.15
Customer choice among several invoice formats that change the way services and usage details are displayed
20.6.16 Customization of invoice and statement formats for specific customers
20.6.17
Display or suppression of call details based on specified criteria and customer preference, such as usage type, service type, and bill amount
20.6.18 Double-sided printing of invoices and statements
20.6.19 Printing of sequential page numbers on invoices and statements
20.6.20 Inclusion and presentation of graphs
20.6.21 The ability to present data in multiple columns
20.6.22 Braille bills
20.7
Bill Cycle Processing
Vendor asserts its solution supports:
20.7.1 Processing of bills for all customers, accounts, and chargeable events
20.7.2 Parallel and high-volume processing
20.7.3 Bill runs to generate charge details (meta bill data)
20.7.4 Parameterized and schedule-driven bill cycle processing
Technical Requirements
208
20.7.5 Robust and fully-recoverable bill cycle processing
20.7.6 Stopping and restarting of bill cycle processing at logical points
20.7.7 Inclusion of all transactions that have arisen since the last bill run
20.7.8
Automated bill reconciliation process to check that all charges in the processed bill cycle were billed
20.7.9
Identification of any discrepancies found in the reconciliation process, investigation of these discrepancies, and reporting on any discrepancy found
20.7.10
Reprocessing of a billing cycle in order to accommodate new billing data and to correct errors
20.7.11 The ability to carry forward any non-billed amounts to the next billing cycle
20.7.12
Standard scheduled bill cycles (e.g., weekly, monthly, bi-monthly, quarterly, etc.)
20.7.13 Multiple and parallel cycles and overlapping billing cycles
20.7.14 Out-of-cycle on demand billing (hot billing)
20.7.15
Assignment of new billable accounts to the most appropriate billing cycle based selected criteria, such as type of customer, activation date, and product/service
20.7.16 Easy transfer of customers from one billing cycle to another
20.7.17 Automatic or manual bulk transfers of accounts between billing cycles
20.7.18
Flagging of customers or accounts whose billing cycles should not be changed
Technical Requirements
209
20.7.19
Configurable exclusion of event records from an indefinite number of days before the date of the actual bill run, and then addition of them in the next bill run (configurable cut-off dates)
20.7.20 Definition of two or more billing cycles on the same date
20.7.21
Viewing and reporting of billing cycle totals (billed and unbilled) and by configurable parameters
20.7.22
Generation of exception reports for all unbilled charges and unaccounted for events, in total and by configurable parameters
20.8
Bill Management Files
Vendor asserts its solution supports:
20.8.1 Creation of bill management files, automatically and on demand
20.8.2 Bill management files that are used for the creation of invoices and statements
20.8.3
Bill management files that are used for the transfer of billing data in portable electronic record formats
20.8.4
Bill management files that are used for the creation of databases for on-line billing inquiry
20.9
Sample Bills and Bill Verification
Vendor asserts its solution supports:
20.9.1 Test billing according to Afghan-Telecom defined sample parameters
20.9.2
Creation of sample bills for review and any necessary revision before the bills are actually generated
20.9.3
Sample bills that do not affect the invoice generation process or the customer or account
Technical Requirements
210
20.9.4
Sample bills that are created for bills with different formats and for selected products/services, accounts, customers, and groups of those
20.9.5 An online sample bill viewing tool
20.10
Invoice and Statement Generation, Printing, and Presentment
Vendor asserts its solution supports:
20.10.1 Multiple standard printing interfaces
20.10.2 Interfacing with bill printing facilities
20.10.3
Provision of a list of all necessary hardware and software (including all equipment required at remote sites) for printing invoices and statements.
20.10.4 Printing of invoices and statements on predefined forms
20.10.5 Ability to print logos on invoices and statements
20.10.6 Number conversion and number masking for the protection of privacy.
20.10.7
Generation of print files for selected accounts, customers or groups of both in order to allow bill printing at a bill print facility or at a remote location without an online connection
20.10.8
Invoice and statement information that is accessible at the billing center and from remote locations
20.10.9
Invoice and statement printing that can be performed at outlying offices routinely and on demand
Technical Requirements
211
20.10.10
Printing at remote sites via dedicated connectivity or other available means (e.g., via the Internet, download, and ftp)
20.10.11
Outsourced solutions for printing, e.g., dynamic layout support and standard file transfer types (text, PDF, HTML print files, etc.)
20.10.12
Configurable parameters for statement printing (e.g., all customers, customers with past-due balance, type of customer or account)
20.10.13 Bar code printing on the invoice
20.10.14 Changing of the bar code format without vendor assistance
20.10.15
Flexibility and configurability to produce any invoice on demand, e.g., summary invoices for corporate clients with more than one account or multiple locations
20.10.16 Generation of multiple copies of invoices and statements
20.10.17
Sending of invoices to multiple addresses within the customer or account hierarchy
20.10.18 Reprints of invoices and statements on demand
20.10.19 Charging for reprints of invoices and statements
20.10.20 Online display of invoices and statements for the current bill cycle
20.10.21
Availability or export of invoice and statement informaton to external systems, such as IVR
20.10.22 Quick and easy access to archived invoice and statement information
20.11
Bill Inserts
Vendor asserts its solution supports:
20.11.1 Customer choice to opt out of bill inserts
Technical Requirements
212
20.11.2 General inserts
20.11.3 Specific inserts based on selected criteria or defined parameters, such as:
20.11.4 Customer type
20.11.5 Product/service
20.11.6 Account type or group
20.11.7 Bill cycle
20.11.8 Geographical area
20.11.9 Dollar value or dollar range of invoice
20.11.10 Consumption level
20.11.11 Afghan Telecom definable variables
20.12
Types of Bills and Billing Advice
Normal Bills
Vendor asserts its solution supports:
20.12.1
Normal bills, issued at the end of the billing cycle, that reflect all charges, fees, taxes, and discounts during the current bill cycle
20.12.2
Normal bills that include the previous and accrued balance and reflect all payments made and credits issued during the current billing cycle
20.13
Bills upon Subscription or Service Termination
Vendor asserts its solution supports:
20.13.1
Bills, automatically or on demand, for customers terminating their subscription or services
20.13.2
Bills that reflect all charges, fees, taxes, and discounts, including any termination charges or penalties, up to a specified service termination date
Technical Requirements
213
20.13.3
Bills that include the previous and accrued balance and reflect all payments made and credits issued as of the most recent billing cycle
20.13.4 Bills that have the same format and content as normal bills
20.13.5 Bills for which recurring charges are prorated
20.13.6 Bills for which any payments in advance are prorated, credited, or refunded
20.14
Split Bills
Vendor asserts its solution supports:
20.14.1 Splitting of a bill into two separate bills
20.14.2
Bills that can be split based on having a fixed amount in one bill with any remaining charges in another bill
20.14.3
Bills that can be split based on having usage charges in one bill and the remaining charges in another bill
20.14.4
Bills that include the previous and accrued balance and all payments made and credits issued as of the most recent billing cycle
20.14.5 Bills that have the same format and content as normal bills
20.14.6 Charging of split billing requests
20.15
Bills on Demand
Vendor asserts its solution supports:
20.15.1 Customer bills on demand
20.15.2
Bills on demand that reflect all usage charges from the most recent normal bill up to a specified date
Technical Requirements
214
20.15.3
Bills on demand that include the previous and accrued balance and reflect all payments made and credits issued as of the most recent billing cycle
20.15.4
Bills on demand that have the same format and content as normal bills, but are clearly marked as bills on demand and specify the period covered
20.15.5
Bills on demand that include recurring and non-recurring charges that will be incurred and billed in the current bill cycle
20.15.6
Bills on demand that do not include items that depend on the final bill, such as discounts, taxes, fees, and other charges, but that clearly indicate those items are excluded
20.15.7
Bills on demand that do not have any impact on the customer or account. At the end of the billing cycle, a normal bill is issued.
20.15.8 Charging of bill on demand requests
20.16
Billing Advice
Vendor asserts its solution supports:
20.16.1 Issuing of billing advice upon request
20.16.2 Billing advice that is based on all processed charges
20.16.3
Billing advice that includes recurring and non-recurring charges that will be incurred in the current bill cycle
20.16.4
Billing advice that does not include items that depend on the final bill, such as discounts, taxes, fees, and other charges, but that clearly indicate those items are excluded
20.16.5 Billing advice that does not have any impact on the customer account
Technical Requirements
215
20.16.6 Charging of bill advice requests
20.16.7 On screen and printed bill advice
20.17
Interface to Financial Systems
Vendor asserts that its solution supports:
20.17.1 Direct interface to financial systems to send and receive billing transactions
20.17.2
Export of all billing data to bookkeeping/account software, automatically and on demand
20.17.3 Mapping of billing data (AP and AR) to appropriate general ledger (GL) codes
20.17.4 Tracking and reporting of unpaid/balance forward charges
20.17.5
Import of financial data (e.g., AP and AR) from bookkeeping/account software, automatically and on demand
20.17.6
Calculation of late fees, penalty fees, and interest charges based on data stored in the billing system or other financial systems
21 Payments and Credits FC/PC/NC+NP/P OB/MOD Comments
21.1
Authorization and Audit
Vendor asserts its solution supports:
21.1.1
Authentication for access to payment system and for modification of payment information
21.1.2 Recording of authority reference for all payment transactions
21.1.3
Built-in controls to ensure data integrity, revenue assurance, and error administration
21.1.4 Approval process for all payment adjustments and credits
Technical Requirements
216
21.1.5
Audit tracking and audit trail reporting for all payment transactions and modifications
21.2
Types and Methods of Payments
Vendor asserts its solution supports the following payment methods:
21.2.1 Cash
21.2.2 Check
21.2.3 Direct bank debit (DBD) and automated clearing house (ACH)
21.2.4 Credit card
21.2.5 Debit card
21.2.6 Wire transfer (national and international)
21.2.7 Lockbox
21.2.8 Deposits and prepayments
21.2.9 Vouchers
21.3
EBPP
Vendor asserts its solution:
21.3.1 Complies with international electronic payment standards
21.3.2 Follows international best practices and standard industry protocols
21.4
Deposit and Prepayments
Vendor asserts its solution supports:
21.4.1
Ability to accept and assign deposit and prepayment amounts to customers and accounts
21.4.2
Ability to accept and assign deposit and prepayment amounts to other customers and accounts
21.4.3 Ability to decrement a deposit or prepayment for unpaid charges
Technical Requirements
217
21.4.4
Ability to handle the calculation and refunding of any interest for deposits and prepayments and reflect such on invoices and statements
21.4.5
Ability to credit or refund deposits and prepayments and reflect such on invoices and statements
21.5
Payments and Payment Processing
Vendor asserts its solution supports:
21.5.1 Auto pay arrangements (DDCC and DDBA)
21.5.2 Generation, receipt, and processing of auto pay bill files
21.5.3
Confirmation and error message generation and sending for auto pay file transactions
21.5.4 Querying of auto pay files
21.5.5 End-user initiated payment requests from (in) bank
21.5.6 End-user initiated payment requests via bank
21.5.7 Externally-initiated payment requests (e.g., from payment gateways, e-care)
21.5.8
Payments from external sources (e.g., payment kiosks, third-party payment centers)
21.5.9
Payment control functions so that Afghan Telecom can decide how to apply the payment
21.5.10 Application of payments, in full or in part, to customer accounts
21.5.11 Application of payments, in full or in part, to other accounts
21.5.12 Recording and reporting of dates of all payments applied
Technical Requirements
218
21.5.13
Flexibility to apply payments as Afghan Telecom chooses (e.g., to a specific account in a group of hierarchical accounts, to most outstanding charge, to charge specified by customer, etc.)
21.5.14
Calculation and application of any late payment fees, penalties, and interest and reflection on invoices and statements of such
21.5.15 Generation of receipts for all payments, automatically and on demand
21.5.16
Determination of late payments according to defined payment cut-off dates
21.5.17 Calculation of late payments based on the balance brought forward
21.5.18
Calculation and generation of late payment charges based on a fixed amount or as a percentage of balance outstanding, or based on an interest rate charged over the time period outstanding, or a combination of all
21.5.19 Calculation and generation of penalty fees and charges for late payments
21.5.20 Web self-service payment interface
21.6
Credits, Refunds, Rebates, and Adjustments
Vendor asserts its solution supports:
21.6.1 Crediting against fees and charges
21.6.2 Refunding of fees and charges
21.6.3 Rebates of fees and charges
21.6.4
Ability to make and accept adjustments (credits and debits) to paid or due amounts
Technical Requirements
219
21.6.5 Overrides of fees and charges, thereby rendering them null
21.6.6 Voiding of payments
21.6.7 Processing of authorized credits, refunds, rebates, overrides, and voids
21.6.8 Rejection of unauthorized credits, refunds, rebates, overrides, and voids
21.6.9 Application of adjustments immediately or upon next bill cycle processing
21.6.10 Regular and exception reporting of all of the above
21.7
Collections, Dunning, and Bad Debts
Vendor asserts its solution supports:
21.7.1
Ability to categorize outstanding receivables according to standard and Afghan Telecom-defined aging rules (e.g., 30 days, 60 days, etc.)
21.7.2
Ability for Afghan Telecom to define and configure dunning policies by various parameters (e.g., customer and account type, amount, age of receivable, etc.)
21.7.3 Multi-step, multi-phase dunning procedures and actions
21.7.4
Ability to automatically initiate dunning processes according to Afghan Telecom-defined parameters
21.7.5
Generation of pre-defined customer communication via multiple media (e.g., reminders via letter, email, and SMS)
21.7.6
Automatic triggering of dunning-related actions (e.g., blocking, suspending, and barring)
21.7.7 Ability to override dunning policies based on various parameters
Technical Requirements
220
21.7.8
Ability to generate standard and exception aging and dunning reports, automatically, by schedule, and on demand
21.7.9
Ability to flag outstanding amounts as uncollectible (bad debts) according to Afghan-Telecom defined parameters
21.7.10 Ability to write off (remove) bad debts during bill processing
21.7.11
Ability to generate standard and exception bad debt/write off reports, automatically, by schedule, and on demand
21.8
Storage and Retrieval of Payment Information
Vendor asserts its solution supports:
21.8.1
Short-term storage and long-term archiving of all payment and related transactions on an unalterable database
21.8.2 Easily accessible payment history information
21.9
Interface to Financial Systems
Vendor asserts that its solution supports:
21.9.1 Direct interface to financial systems to send and receive payment transactions
21.9.2
Export of all payment data to bookkeeping/account software, automatically and on demand
21.9.3 Mapping of payment data (AP and AR) to appropriate general ledger (GL) codes
21.9.4 Tracking and reporting of unpaid/balance forward charges
21.9.5
Import of financial data (e.g., AP and AR) from bookkeeping/account software, automatically and on demand
Technical Requirements
221
21.9.6
Calculation of late fees, penalty fees, and interest charges based on data stored in the billing system or other financial systems
22 Reporting FC/PC/NC+NP/P OB/MOD Comments
22.1
Vendor asserts its system supports reporting on/for the following:
22.1.1 System components and network elements
22.1.2 Performance metrics and compliance to standards
22.1.3 Input, throughput, and output of all systems and system data
22.1.4 Mediation and CDR aggregation
22.1.5 Interconnect settlement and wholesale billing
22.1.6 Customers and accounts, including life cycle events and churn
22.1.7 Products and services
22.1.8 Distribution channels
22.1.9 Tariffs, charges, and rates
22.1.10 Fees and taxes
22.1.11 Packages, discounts, and promotions
22.1.12 Invoices and billing
22.1.13 Payments and credits
22.1.14 Vouchers (activation, status, use, etc.)
22.1.15 Recharges
22.1.16 Modifications and auditable events
22.1.17 Exceptions
Vendor asserts its solution supports:
22.1.18 Availability of all data for reporting
22.1.19 Robust and flexible reporting of all data elements
22.1.20 Robust and flexible querying and sorting of all data
Technical Requirements
222
22.1.21 Robust and flexible querying and sorting by single and multiple data elements
22.1.22
Reporting by element or unit, groups of elements or units, individually, and in the aggregate
22.1.23
Reporting by standard and configurable time periods (e.g., hourly, daily, weekly, monthly, start and end dates, etc.)
22.1.24 Generation and production of reports by Afghan Telecom-defined variables
22.1.25 The ability to drill up or down to different levels for all reports
22.1.26 Statistics and statisical analysis tools
22.1.27 Standard reports
22.1.28 Customizable reports
22.1.29 Exception reports
22.1.30
Standard and customizable cost, revenue and profit reports by selected criteria, such as product/service, customer, account, line of business, geographic area, etc.
22.1.31 Standard and customizable usage reports
22.1.32 Standard and customizable customer and account status reports
22.1.33 Standard and customizable billing and financial reports
22.1.34 Standard and customizable tax reports
22.1.35 Scheduling of reports
22.1.36 Ad hoc and on-demand reports
22.1.37 Location-based statistics and reports
22.1.38 Application specific reports
22.1.39 Easy creation of new reports through GUI interface with drag and drop functionality
22.1.40 Configurable report layouts
22.1.41 Multiple report formats
Technical Requirements
223
22.1.42 Ability to generate reports in multiple languages
22.1.43 Ability to generate reports in multiple currencies
22.1.44 Ability to specifcy language and currency for reports
22.1.45
Ability to report in a different language or currency than what was originally used
22.1.46 Multiple export file formats
22.1.47 Easy export of reports to other standard viewing tools
22.1.48 Export of generated reports to online analytical processing (OLAP) tools
23
Time to Market
Please indicate your time to market (TTM) for the following:
Item Description/Example TTM
23.1
Modify existing tariff plans and tariff values Modify rates or add
destinations
Technical Requirements
224
23.2
Establish a new tariff plan for existing product or service
Configure new tariff based on existing tariff
23..3
Establish a tariff plan for new product or service
Create new tariff plan
23.4
Modify a charging rule
Add new charge factor, such as add birthday as reward condition
23.5
Add a new charging rule Create new charging rule
based on new condition
23.6
Add a new package or bundle Combine existing products
or services in a new way
23.7
Add new discount schema Create new discount criteria,
such as occupation or season
23.8
Add new accumulator
Accumulate rules of the accumulator; add the accumulaor to the charge rule
23.9
Add a new account type
Add a new dedicated
account, such as voice or
data volume account
Technical Requirements
225
23.10
Add a new customer attribute Add market class of
customer
23.11
Add a new diameter parameter Add song ID in RBT
download DCC interface
23.12
Modify web service interface
Modify the fuction of subscriber management; add new interface function
23.13
Create a new report Provide new customized
reports
List OF Acronyms
226
List Of Acronyms
2G to 5G Second to Fifth Generation [Mobile Service]
3GPP 3rd Generation Partnership Project
4G/LTE Fourth Generation [Mobile Service]/Long Term Evolution
A/P , A/R Accounts Payable, Accounts Receivable
ACH Automated Clearing House
BTN Business Termination Number
CBRT Caller Ring Back Tones
CDMA Code Division Multiple Access
CDRs/UDRs Call Detail Record/Usage Detail Record
CLIP Calling Line Identification Presentation
CLIR Calling Line Identification Restriction
CPE Customer Premise Equipment
CUG Closed User Group
DBD Direct Bank Debit
DPLC Domestic Digital Private Line Circuits
DSL Digital Subcriber Line
EBPP Electronic Bill Presentation and Payment
EDGE Enhanced Data rates for GSM Evolution
EMS Extended Message Service
GPRS General Packet Radio Service
GSM Global System for Mobile Communications
HSDPA/HSPA/HSUP High Speed Downlink Packet Access/High Speed Packet Accesss/High Speed Uplink Packet Access
IN Intelligent Network
IP Internet Protocol
IPLC International Digital Private Line Circuits
IPTV Internet Protocol Television
IRU Indefeasible Right of Use
ISDN Integrated Services Digital Network
ISP Internet Service Provider
IVR Interactive Voice Response
MBPS Megabytes Per Second
MMS Multi-Media Message Service
NFC Near Field Communication
OCG Online Charging Gateway
PBX Private Branch Exchange
PDSN Packet Data Serving Node
PNP Private Number Plan
POS Point of Sale
List OF Acronyms
227
PRI Primary Rate Interface
QoS Quality of Service
SIM Subscriber Identity Module
SMS Short Message Service
TDMA Time Division Multiple Acces
UMS Unified Message System
USSD Unstructured Supplementary Service Data
UVC Universal Voucher Center
VAS Value-Added Service
VCN Village Communication Network
VoIP Voice over Internet Protocol
VPN/IP VPN Virtual Private Network/Internet Protocol VPN
WAP Wireless Application Protocol
SGSN
NE Network Elements
SDR Special Drawing Right
TAP Transfer account procedure
RAP Returned accounts procedure
OLAP Online Analytical Processing
DSL Digital Subcriber Line
GL General Ledger
AP and AR Mapping of Billing Data
COS Class of Service
CRM Customer Relationship Management
CE European Conformity
FCC Federal Communications Commission
ATCA Advanced Telecommunications Computing Architecture
SPOF Single Points of Failure
HA High-Availability
IMDB In-Memory Database
GDR Global Data Repository
SS7 Signaling System 7
SST Secure Transaction Technology
SEPP Secure Electronic Payment Protocol
SET Secure Electronic Transactions
SSL Secure Sockets Layer
PCT Private Communication Technology
TLS Transport Layer Security
HTTPS Hypertext Transfer Protocol Secure
LDAP Lightweight Directory Access Protocol
ADSI Active Directory Service Interface
RPC Remote Procedure Call
CTI Computer-Telephony Integration
EAI Enterprise Application Integration
APIs Standard Application Programming Interfaces
GUI Graphical User Interface
NMS Network Management System
EMS Event Management System
CSV Comma Separated Values
DES Data Encryption Standard
Bidding Forms
228
BID SUBMISSION FORM (SINGLE-STAGE BIDDING)
Date: [ Bidder insert: date of bid ]
Loan/Credit No.: [ Purchaser insert: number ]
RFP: [ Purchaser insert: RFP title and number ]
Contract: [ Purchaser insert: name of Contract ]
To: [ Purchaser insert: name and address of Purchaser ]
Dear Sir or Madam:
Having examined the Bidding Documents, including Addenda Nos. [ insert numbers ], the
receipt of which is hereby acknowledged, we, the undersigned, offer to supply, install, achieve
Operational Acceptance of, and support the Information System under the above- named Contract
in full conformity with the said Bidding Documents for the sum of:
[ insert: amount of
Bidding Forms
229
local currency in words ]
plus [ insert: amount of foreign
currency A in words ]
[ as appropriate, add the following ]
plus [ insert: amount of foreign
currency B in words ]
plus [ insert: amount of foreign
currency C in words ]
([ insert: amount of local currency in
figures from corresponding Grand Total
entry of the Grand Summary Cost Table
])
([ insert: amount of foreign currency A
in figures from corresponding Grand
Total entry of the Grand Summary Cost
Table ])
([ insert: amount of foreign currency B
in figures from corresponding Grand
Total entry of the Grand Summary Cost
Table ])
([ insert: amount of foreign currency C
in figures from corresponding Grand
Total entry of the Grand Summary Cost
Table ])
Bidding Forms
230
or such other sums as may be determined in accordance with the terms and conditions of the
Contract. The above amounts are in accordance with the Price Schedules attached herewith
and made part of this bid.
We undertake, if our bid is accepted, to commence work on the Information System and to
achieve Installation and Operational Acceptance within the respective times stated in the Bidding
Documents.
If our bid is accepted, and if these Bidding Documents so require, we undertake to
provide an advance payment security and a performance security in the form, in the
amounts, and within the times specified in the Bidding Documents.
[ As appropriate, include or delete the following paragraph ]
“We accept the appointment of [ Purchaser insert: name of proposed Adjudicator from
the COC ] as the Adjudicator.”
[ and delete the following paragraph, or, as appropriate, delete the above and
include the following, or, if no Adjudicator is stated in the Bid Data Sheet,
delete both the above and the following ]
“We do not accept the appointment of [ Purchaser insert: name of proposed
Adjudicator from the COC ] as the Adjudicator, and we propose instead that [ insert: name ] be
appointed as Adjudicator, whose résumé and hourly fees are attached.”
We hereby certify that the Software offered in this bid and to be supplied under the
Contract (i) either is owned by us, or (ii) if not owned by us, is covered by a valid license from
the proprietor of the Software.
We agree to abide by this bid, which, in accordance with ITB, consists of this letter (Bid
Submission Form) and the enclosures listed below, for a period of [ Purchaser insert: number from
ITB ] days from the date fixed for submission of bids as stipulated in the Bidding Documents, and it
shall remain binding upon us and may be accepted by you at any time before the expiration of that
period.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this
Bid, and to Contract execution if we are awarded the Contract, are listed below:
Bidding Forms
231
Name and Address
of Agent
Amount and
Currency
Purpose of
Commission or
Gratuity
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232
Etc. [if none, state: “none”]
Until the formal final Contract is prepared and executed between us, this bid,
together with your written acceptance of the bid and your notification of award, shall
constitute a binding contract between us. We understand that you are not bound to accept the
lowest or any bid you may receive.
Dated this [ insert: ordinal ] day of [ insert: month ], [ insert: year ].
Signed:
Date:
In the capacity of [ insert: title or position ]
Duly authorized to sign this bid for and on behalf of [ insert: name of Bidder ]
ENCLOSURES:
Bidding Forms
233
Resume of Proposed Personnel
Name of Bidder
Position
Personnel
information
Name
Date of birth
Professional qualifications
Present
employment
Name of employer
Address of employer
Telephone
Contact (manager / personnel officer)
Fax
Job title
Years with present employer
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
From To Company / Project / Position / Relevant technical and management
experience
Bidding Forms
234
Bidding Forms
235
Bidder Information Sheet
Date: ______________________
RFP No.: ________
Page ________ of _______ pages
1. Bidder’s Legal Name
2. In case of JVA, legal name of each party:
3. Bidder’s actual or intended Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of Registration:
6. Bidder’s Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
� Articles of Incorporation or Registration of firm named in 1, above.
� In case of JVA, letter of intent to form JVA including a draft agreement, or JVA agreement.
� In case of government owned entity from the Employer’s country, documents establishing legal
and financial autonomy and compliance with the principles of commercial law
Bidding Forms
236
Party to JVA Information Sheet
Date: ______________________
RFP No.:_________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
2. JVA’s Party legal name:
3. JVA’s Party Country of Registration:
4. JVA’s Party Year of Registration:
5. JVA’s Party Legal Address in Country of Registration:
6. JVA’s Party Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
� Articles of Incorporation or Registration of firm named in 1, above.
� In case of government owned entity from the Purchaser’s country, documents establishing legal
and financial autonomy and compliance with the principles of commercial law.
Bidding Forms
237
Current Contract Commitments / Works in Progress
Bidders and each partner to a JVA should provide information on their current commitments on all contracts
that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts
approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of contract Employer,
contact
address/tel/fax
Value of
outstanding work
(current US$
equivalent)
Estimated
completion date
Average monthly
invoicing over
last six months
(US$/month)
1.
2.
3.
4.
5.
etc.
Bidding Forms
238
Financial Situation
Historical Financial Performance
Bidder’s Legal Name: _______________________ Date: _____________________
JVA Partner Legal Name: _______________________
Page _______ of _______ pages
To be completed by the Bidder and, if JVA, by each partner
Financial information
in US$ equivalent
Historic information for previous ______ (__) years
(US$ equivalent in 000s)
Year 1 Year 2 Year 3 Year … Year n Avg. Avg. Ratio
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Bidding Forms
239
Profits Before Taxes (PBT)
� Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:
(a) Must reflect the financial situation of the Bidder or partner to a JVA, and not sister or parent companies
(b) Historic financial statements must be audited by a certified accountant
(c) Historic financial statements must be complete, including all notes to the financial statements
(d) Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted)
Bidding Forms
240
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JVA Partner Legal Name: ____________________________
Page _______ of _______ pages
Annual turnover data (construction only) Year Amount and Currency US$ equivalent
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
*Average Annual Construction Turnover
_________________________________________ ____________________
*Average annual turnover calculated as total certified payments received for work in progress or
completed, divided by the number of years specified in Section III, Evaluation Criteria, Sub-Factor 2.3.2.
Bidding Forms
241
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as indicated in Section III, Evaluation and Qualification Criteria
Source of financing Amount (US$ equivalent)
1.
2.
3.
4.
Bidding Forms
242
Experience - General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JVA Partner Legal Name: ____________________________
Page _______ of _______ pages
Starting
Month /
Year
Ending
Month /
Year
Years*
Contract Identification
Role of
Bidder
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
Bidding Forms
243
Starting
Month /
Year
Ending
Month /
Year
Years*
Contract Identification
Role of
Bidder
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
______
______
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
_________
*List calendar year for years with contracts with at least nine (9) months activity per year starting with
the earliest year
Bidding Forms
244
Specific Experience
Bidder’s Legal Name: ___________________________ Date: _____________________
JVA Partner Legal Name: _________________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___
required.
Information
Contract Identification _______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract �
Contractor �
Management
Contractor
� Subcontractor
Total contract amount ____________________________
US$__________
If partner in a JVA or subcontractor, specify participation of total contract amount
__________%
_____________
US$_______
Employer’s Name: _______________________________________
Address:
Telephone/fax number:
E-mail:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Bidding Forms
245
Form of Bid Security (Bank Guarantee)
Beneficiary: __________________________
Date: __________________________
BID GUARANTEE No.: __________________________
We have been informed that __________________________ (hereinafter called “the Bidder”) has submitted to you its bid dated ___________ (hereinafter called “the Bid”) for the execution of ________________ under Invitation for Bids No. ___________ (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we ____________________ hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ___________ (____________) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the performance security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the contract signed by the Bidder and the performance security issued to you upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
_____________________________
[signature(s)]
Bidding Forms
246
Manufacturer’s Authorization
[To be given for the Equipment, and it’s associated Power Supply Equipment, where the Bidder is not
the Manufacturer of these items]
Date: __________________
To: ________________________
WHEREAS
We ___________________, who are official manufacturers of ____________________, having factories
at _____________________, do hereby authorize ______________________ to submit a bid the
purpose of which is to provide the following goods, manufactured by us _______________________,
and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Conditions, with respect to the
goods offered by the above firm.
Signed: _______________________________________
Name: ______________________________________
Title:______________________________________
Bidding Forms
247
Duly authorized to sign this Authorization on behalf of: ______________________________________
Dated on ____________ day of __________________, _______
Annextures
248
Annexture1. Time schedule
The Project will be fully commissioned within 9 months after Contract effective date (CED). The Contractor will submit his compliance with the following suggested time schedules of the Project:
Phases:
• Phase 1: Commercially operational system to support GSM& 3G network within 6 month after
the contract effective date (CED).
• Phase 2: Commercially operational system to support PSTN, Wimax, VSat within 3 months after
phase 1.
Annextures
249
Annexture .2 Payment Terms
Bid Performance Guarantee
AFTEL will get from winner 10% of total contract value as Bid Performance Guarantee till end of
contract and
will release this amount to the winner.
If there is any issue or dispute which winner, supplier did not accomplish in the contract base, AFTEL
will
have the rights to reject 10% of Bid Performance to the winner and transfer to the AFTEL revenue
account.
AFTEL will make the following payment terms to the winner/contractor in stages;
1. 30% of the total contract value upon arrival of goods at AFTEL warehouse.
2. 20% of the total contract value after installation of Hardware.
3. 20% of the total contract value after PAC.
4. 30% of the total contract value after FAC.
Annextures
250
Annexture .3 the clauses which has been modified
SL.No clause Number Original Statement Revised Statement
1 10.2.16 (technical requirements)
CDR normalization please specify which format CDR normalization
2 17.6.8 (technical requirements)
examination of usage records through Online Access to These Records.
Examination of usage records through Web based GUI.
3
17.7 (ITB Section)
All electronic Bid Submissions shall be encrypted or protected and shall be delivered via FTP as per instructions by Afghan Telecom(ITB Section).
17.7. All electronic Bid Submissions shall be
encrypted or protected and shall be delivered
via FTP as per instructions by Afghan Telecom
and Vendor can CD for the electronic Bid as
well.
4
8.4.8 intuitive drag and-and-drop tool for easily accessing ad hoc database information
This clause has been shifted from Point:8 web
environment and web enablement under
reporting section 22 technical requirements.
Annextures
251
Annexture .4 Schedule of Rates and Prices(Mandatory)
S.No
Estimated Major Softwares , Hardware, Licenses, Maintenance
,Commissioning and Trainings QTY
Country
Of
Origin
Unit
Cost
DDP
Total
Price
DDP
1 CBS Software Including all Backends& other Related S/W
1.1 CBS(Convergent Billing System)
1.1.1 Hardware
1.1.2 Software
1.2 Mediation System
1.2.1 Hardware
1.2.2 Software
1.3 PRM(Partner Relationship Management)
1.3.1 Hardware
1.3.2 Software
1.4 Provisioning
1.4.1 Hardware
1.4.2 Software
1.5 CRM(Customer Relationship Management)
1.5.1 Hardware
1.5.2 Software
2 Insurance
2.1 Hardware
2.2 Spare parts
3 Licenses
3.1 656,000 Licenses For Whole Required System
4 Maintenance
4.1 2 Years Maintanance
5 Spare parts
5.1 Spare part
6 Training
6.1 Expert
8 persons
for 45 days
6.2 Intermediate
11 persons
for 20 days
6.3 Beginner
40 persons
on Job
7 Project
7.1 Complete Project Management Implementation and Commissioning
Annextures
252
All Modules(Provisioning, CRM, PRM, Mediation, CBS) in solution. So that we can exclude anyone or
many of these if required
1: Total Cost Should be DDP
2: Insurance Cost Should Be Mentioned separately
3: All Prices should be excluding local taxes
4:The 2 year maintenance will start after PAC
Schedule of Rates and Prices(Optional)
S.No QT
Y
Country Of
Origin
Unit Cost
DDP
Total Price
DDP
1 Hardware Upgrade to Support 2,511,000
Customer
2 2,511,000 licenses for whole required
system(upgrade)
3
5 Years Maintenance After Two Year
Mandatory
Annextures
253
Annexture .5 The Clauses which has been excluded From the RFP
SL.No Clause :No Statement
1 12.2.6 operator Services
2 16.1.26
Storage, maintenance, and retrieval of future charges
3 17.1.49
Quality of service (QoS) from elements within the CDR/UDR
4
17.8.2
Common business models within the IP environment, such as revenue sharing and sponsored billing for services delivered over wireless protocols
5 20.6.22 Braille bills
6 13.2.3(ITB) manufacturer Authorization letter
7
9.2.11 Training covering the use and administration of
fraud management system
8
9.2.12 training covering the use and administration of
Revenue Assurance system
9
9.2.13 training covering the use and administration of
enterprise data warehouse
10
9.2.14 training covering the use and administration of
Business Intelligence system
11
We are not going to migrate CDMA to our CBS
So if any clause related to CDMA you can skip it.
2.1.11 Offers a fraud management system
2.1.12 Offers a revenue assurance system
Annextures
254
2.1.13
Offers an enterprise data warehouse system
2.1.14
Offers a business intelligence system
Annexture 6. the clauses which has been added to RFP Technical Requirement
Provisioning Technical Requirement
General Requirements FC/PC/NC+NP/P OB/MOD Comments
2.1.19.1
Standardization: to standardize current and future business
processes of X in compliance with eTOM using the Data and
Flow control as well as COTS components as understood under
NGOSS
2.1.19.2
Vendor Independence: Be open and independent from Network
Element vendors and from Customer care and billing system
vendors
2.1.19.3
Speed: Enable rapid introduction of new services with flexibility
& short time to market
Annextures
255
2.1.19.4
Performance & scalability: To meet the growth expectations
and performance targets by providing seamless integration
between the “cardinal” points of an NGOSS solution: the
business process framework, the shared data model and the
defined contract interface between components
2.1.19.5 Business Requirements
2.1.19.6
have an efficient, state of the art IT infrastructure that can roll
out these services quickly and efficiently to X customers
2.1.19.7 Technical Requirements
2.1.19.8
The provisioning system in vendor’s solution should be able to
support various telecom networks such as GSM, PSTN,
Broadband, IPTV, 3G (, UMTS), WiMAX, VSAT, etc.
2.1.19.9 Provisioning Requirements
2.1.19.10 General
2.1.19.11
System provides real time provisioning automation, allowing
multiple BSS sending service orders in parallel.
2.1.19.12
The system must be able to perform product mapping to
technical service provisioning in network layer with business
rules and provisioning flow applied.
2.1.19.13
The provisioning flow must be robust, configurable with
business logic such as supporting scheduling, prioritizing, roll-
back when error.
2.1.19.14
System should be able to archive data, present reports and
statistics.
2.1.19.15
Web GUI is supported for performing system and user
administration.
2.1.19.16 The solution must be network vendor independent.
2.1.19.17 Interface
2.1.19.18
The provisioning system must be able to integrate with CRM via
EAI for Order Management.
Annextures
256
2.1.19.19
The system supports an open standard client API for BSS/OSS
clients or Network Element (Network Initiated Provisioning) to
interface with the provisioning system for sending service order.
2.1.19.20
System must support all types of interface to Network Element,
either open interface or proprietary to the network element
vendor.
2.1.19.21
The interface to NE must be easily customized and codes
available as X.
2.1.19.22
The provisioning system should be able to support various
connection interfaces such as SOAP, TCP/IP, serial port and
interface table etc.
2.1.19.23 The provisioning system should be easily to integrate with new
network elements without affecting business running for future.
2.1.19.24
2.1.19.25
2.1.19.26 System Functions
2.1.19.27
Must be able to create several user profiles with limited or
unlimited administrative rights providing access control and
security.
2.1.19.28
Provides audit trail that stores configuration changes made to
the system; details like user, time stamp, action.
2.1.19.29
The system should provide a business tool that can support easy
configuration of workflow and provisioning logic. And this can
be done using WEB GUI.
2.1.19.30
Business rules such as number routing and filtering can be
configured via WEB GUI.
2.1.19.31
The system must have the intelligence to handle errors while
processing service orders from client systems.
2.1.19.32
The system maintains data of service orders to perform request
and tasks status.
2.1.19.33
The system should support multi session management and
handle parallel execution.
Annextures
257
2.1.19.34
The provisioning flow is not affected when either one of the link
to Network Element is down. Execution of task can be made
independent on each channel to NE in the flow. Hence avoiding
X request in the system when one of the NE is down during the
process of execution.
2.1.19.35
The system can provide a clear view and status of all its
connectivity towards the NE.
2.1.19.36
Application start-up or shutdown must have the intelligence to
handle service order that is being process during this activity.
2.1.19.37
System must be scalable, vertical (adding more CPUs) and
horizontal (adding more servers in parallel).
2.1.19.38 The solution must support High Availability (HA).
2.1.19.39
Performance of the system should meet the minimum
throughput of 150k tasks per hour.
2.1.19.40
The online provisioning commands can be configured by
command template extremely reduce the development and
maintenance costs.
2.1.19.41
The system should provide convenient graphical testing tool to
test provisioning command
2.1.19.42
The work order access module of provisioning system should be
able to receive provisioning request from external system, and
parse and translate the data.
2.1.19.43
The work order dispatching receives the internal work orders
and translates them to standard work orders, then execute the
work with time limited.
2.1.19.44
The provisioning should be able to communicate with NEs,
process protocol, and control flow.
2.1.19.45
The system should be able to monitor process, workload and
alarm
2.1.19.46
The system should be able to Sustain Peak-time Concurrency
Pressure
Marketing|Sales & Inventory Management Requirement
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General Requirements FC/PC/NC+NP/P OB/MOD Comments
24 Marketing Management
24.1
System should cover the end-to-end management of campaigns
from the, planning, design, selection and creation of a campaign
to execution and to reporting.
24.2
System should provide and easy to user interface to enable
marketers to control the entire campaign cycle.
24.3
System should be able to apply offers directly to customer
accounts and launch the campaigns - all without any need for
manual intervention, with the minimal time and minimal system
interventions.
24.4 System should be able to grant offer/promotions to customers.
24.5
System should allow for a two-way personalized dialogue with
mobile customers and provides the customers with opt-in / opt-
out facility for campaigns via SMS or USSD by integrating with
our gateways.
24.6
6. System should provide the ability to analyze the responses
received from the customers as part of campaigns.
24.7
System should provide the ability to monitor/track active
campaigns in real time, with the capability to pause, and re-start
the campaign.
24.8
System should support running multiple campaigns
concurrently to customer micro segments.
24.9
System should be able to Manage multiple communication
gateways ( , SMSC, MMSC and email & USSD ) for automated
push/ pull campaigns.
24.1
System should be able to support multi-phase & multi-wave
promotions.
24.11
System should be able to execute large scale campaigns
(campaign might range from targeting a micro segment to a
whole base profile) and high volume delivery.
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24.12
System should support marketer triggered campaigns where the
campaign will be designed and run by the marketer at a specific
period of time.
24.13 System should provide list import and export capabilities.
24.14 System should support scheduling of campaigns.
24.15
System should have and alert and notification module for the
campaign manager.
24.16
Support to record basic information of marketing & sales plan,
at least including: SN ,Date & time, i.e. the exact date of the
coming plan ,
24.17
Version No. Through the version No., it can support initial plan as
well as the incremental plan. Status,Designer,Rules
24.18
System should be able to Support to display of the whole plan
information.
24.19
System should be able to Support to record marketing activity
attributes, at least including:
24.20 Marketing activity name,
24.21 Objective,
24.22 Marketing type, e.g. advert, meeting,
24.23 Content of marketing activity,
24.24 Starting date,
24.26 End date,
24.27 Cost budget,
24.28 Expenditure,
24.29 Duty channel(s).
24.30
System should be able to Support to set the initial status of
marketing activity, including:
24.31 Initial status
24.32 Complete status
24.33 Exceptional abortion, the abort reason must be described in detail
24.34
System should be able to Support correlation between
marketing & sales plan and activity. Through the accumulation,
analysis of activity data, finally we obtain the executing
information of the plan.
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24.25
System should be able to Support the creation of alert and
alarm information according to the configured rules. For
example, when the actual value is lower than the expected one,
then it will generate alarm automatically.
24.26
System should be able to Support the evaluation of marketing &
sales plans in compliance with channels, products and customer
groups. The summary information of the evaluation consists:
24.27 Name of Summary
24.28 Marketing & Sales KPI
24.29
Outcome of monitoring, that should give out the factors causing
service enhancement or degradation.
24.30 Evaluation comment (The result is accurate or to-be-improved)
24.31
The level of necessity to improve (High, medium, low)
24.32
Suggestion of improvement (The aspect to improve and
suggestion)
24.33
24.34
Support to summarize the product and customer group
evaluation and monitoring into report to enhance the marketing
& sales planning.
24.35
Support to set the status of each document item, the following
statues are allowed:
24.36 Reviewing (The document is in review)
24.37
Final release (The document can be regarded as the final
version)
25 Sales Management
25.1
The system should be able to support Pre-configure
opportunities’ home page and data records.
25.2
The system should be able to support Open and closed
(completed) selling activities can be associated with
(hyperlinked to) opportunity records.
25.3
The system should be able to support Documents and files can
be associated with (hyperlinked to) opportunity records.
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25.4
The system should be able to support Competitor detail records
can be associated with (hyperlinked to) opportunity records.
25.5
The system should be able to support an opportunity record can
be associated with (hyperlinked to) the lead data record that
spawned the opportunity.
25.6
The system should be able to Support the legal user adding and
maintenance business opportunity data. Store business
opportunity for corresponding customer, business opportunity
decision-maker, business opportunity content, potential
competitor, success probability, status and so on.
25.7
The system should be able to Support single and batch or
grouping methods for distributing the business opportunities to
team or sales personnel.
25.8
The system should be able to Support the business opportunity
automatically distributing rule be configured, according to
customer, team work plan, and sales areas. According to the
rule, the business opportunity can be distributed automatically
by the system.
25.9
The system should be able to Support business opportunity
upgrade processing, for example, when the sales personnel find
him cannot satisfy the customer requirements in his privilege,
but the customer is important; he can transfer the business
opportunity to the high level sales personnel.
25.10
The system should be able to Support business opportunity
period of validity process, for the out-of-date and no progress
business opportunity, it can be closed according to the rule.
25.11
The system should be able to Support business opportunity
close and record the close reason.
25.12
The system should be able to Support recording team/individual
sales activity, and sales cost for the real production of business
opportunity.
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25.13
The system should be able to Support sales activity and business
opportunity production budget cost super addition after definite
approval.
25.14
The system should be able to Support recording sales activity
process content. Include saving all kinds of documents during
the sales activity as attachment.
25.15
The system should be able to Support automatically reminding
according to the alarm set by sales.
25.16
The system should be able to Support to arrange the activity
order and distribute to the individual.
25.17
The system should be able to Support to record and maintain
the activity cost/resource.
25.18
The system should be able to Support recording effect
evaluation data of sales activities.
26 Inventory management
26.1
The system should be able to Support Activate SIM(s) cards on
billing, HLR, MSC authentication center, and CBS.
26.2
The system should be able to Support Activate MSISDN(s) cards
on billing, HLR, and CBS.
26.3
The system should be able to Support Assign SIM cards to retail
channels (shops, dealers, direct sales).
26.4
The system should be able to Support Assign MSISDNs to retail
channels (shops, dealers, direct sales).
26.5 The system should be able to Support define CPE
26.6
The system should be able to Support assign CPEs to sales
channels.
26.7
The system should be able to Support should fully integrated
with third party ERP through international standards of
integration.
More specifications which has been add to Interconnection and settlement
27 Interconnection and settlement FC/PC/NC+P/NP OB/MOD Comments
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27.1
Interconnection Settlement should include voice,
SMS,MMS and data services, such as PSTN and GSM and
3G service, as well as mobile Internet access and value
added services (VAS).
27.2 International Roaming should support two types: foreign subscribers roaming in and local subscribers roaming out.
27.3 Shall support to set settlement billing cycle, such as a half month. The CBS shall have the ability to support multiple, user-defined billing cycles.
27.4
Multi-currency Exchange Rate should be configurable and
dynamic to set currency exchange rates for the settlement
charges.
27.5 Settlement Pre-processing Rules should be configured for handling settlement CDRs.
27.6
Settlement Billing Monitoring should be supported to
monitor the back-end billing handling processes and check
the status of tasks running on each node.
27.7
Settlement Billing Inquiry should provide the functions of inquiring CDR details and rating files created in settling billing processes, such as CDRs (normal, abnormal and error), Roam-in Rating Files, and Roam-out Rating Files.
27.8 Shall support to inquire the (normal, abnormal) Roam-in CDRs by setting query conditions.
27.9 Shall support to check the status of an interconnection settlement rating file received from multiple exchanges.
27.10 Shall support to inquire and print out settlement invoices.
27.11 Shall supprt query facility.
27.12 Shall support to provide daily, monthly and yearly IC/OG minutes as per operator, trunks, prefix and customer numbers.
Main Storage
28 the speed of disk in disk array from 10 to 15 k
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