Request for Proposal - Mobitel Supply... · Web viewRequest for Technical & Commercial Proposals for Supply, Installation and Commissioning of 1500kVA or 2000kVA Sound Proof Generator

RFP NO. MOB/ENG/25/06/15-014ISSUE DATE 25/06/2015

RFP

SUPPLY AND INSTALLATION OF

1500KVA OR 2000KVA SOUND PROOF GENERATORS

Mobitel (Pvt) Limited108, W.A.D. Ramanayake Mawatha,

Colombo 2Sri Lanka.

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DATA SHEET

ITEM DESCRIPTION

Request for Technical & Commercial Proposals for Supply, Installation and Commissioning of 1500kVA or 2000kVA Sound Proof Generator for deployment at Mobitel Pvt Ltd.

(Only one generator will be procured and the selection of the capacity will be done based on the commercials).

RFP NO: MOB/ENG/25/06/15-014

PLACE OF ACCEPTANCE OF THE RFP

Office of the Manager – Procurement, Mobitel (Private) Limited, 108, W.A.D. RamanayakeMawatha, Colombo 02.

RECEIVING AND CLOSING OF RFP

RFP will be received not later than 16.00 Hours Sri Lanka time on 30th July 2015.

COMPLETION PERIOD

Product to be supplied as per the specifications given under General Terms and Conditions of RFP

BID BOND

Value of the bid bond is Seven Hundred and Fifty Thousand (Rs. 750,000/-). The bid bond shall be valid for One Hundred and Ninety days (90) from the date of closing Bids. The Bid Bond format is given in Annexure 111.

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SECTION 1 – General Terms and Conditions

REQUEST FOR PROPOSAL (RFP)

Mobitel (Private) Limited is floating this RFP with the intention of identifying prospective Vendor to procure a 1500kVA or 2000kVA sound proof generator.

Vendor shall submit two separate proposals (both technical and commercial) for 1500kVA and 2000kVA capacities. Only one generator will be procured and the selection of the exact capacity will be decided by Mobitel based on the commercial proposals.

RFP DETAILS

1.1 Receipt and close of RFP

1. RFP should be sent with ‘Technical’ offers and ‘Commercial’ offer submitted in two separate envelops signed and sealed in duplicate (original + duplicate).

2. The RFP should be addressed to the “Procurement Manager” with the RFP reference number indicated “MOB/ENG/25/06/15-014” on the top left hand corner of the envelopes and hand delivered to the Procurement Division on the 5thFloor, No. 108, W.A.D. Ramanayake Mawatha – Colombo 02.

3. This RFP should be submitted on or before 4.00pm on 30th July 2015

1.2 Acceptance of RFP’s

1.2.1 It is the policy of Mobitel to select the most suitable offer and award the order to the successful Vendor(s). However, Mobitel reserves the right to reject any or all the proposals received in response to their request and Mobitel has no obligation to explain to unsuccessful Vendor the reason for rejecting their RFP. Further there is to be no contract until certain formal documents have been executed and official Purchase Order issued.

1.2.2 Bidders shall agree to comply with the terms specified in the RFP and must attach a letter to that effect with the submissions of the RFP. In the event of non- compliance, the Bidder shall indicate such variations in the Statement of Compliance

1.2.3 Validity Period of OfferAll offers shall be held good for acceptance for a minimum period of 90 days from the date of closing the RFP.

1.3 Submission of quotes

Vendor should submit the following documents separately for option 1 to 5;1.3.1 Company Profile1.3.2 Certified copy of Memorandum & Articles of Association1.3.3 Certified copy of latest Form 20/481.3.4 Letter of Authorization from Principle on official letterhead for nominated Agents or

representatives to accept any official correspondence from Mobitel on behalf of the principles. This letter shall contain a list of authorized signatories, their designations and specimen signatures.

1.3.5 Vendors shall attach a letter undertaking to comply with the conditions of the RFP.


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1.4 Technical Specifications

1.4.1 The Vendor is required to submit their Technical Proposals on the basis of the required specifications given in Section 2 - Technical Specifications.

1.4.2 The vendor shall submit all documents for option 1, 2, 3, 4 and 5 separately

1.4.3 The vendor may be called upon at the discretion of Mobitel to arrange for demonstration of product/s offered in RFP at a suitable location in Colombo, Sri Lanka by giving one week notice for demonstration. In such event all related costs of such demonstration will be solely on account of the vendor.

1.4.4 Technical offer should specify the product / service and relevant product/ service code using the line items (or additions to be decided by vendor) in the specimen pricing format (Annex 1, in Sec.3) as a guideline without the actual pricing.

1.4.5 Vendor should provide all the related information on service and maintenance agreements with rates for each item.

Technical proposal shall be provided separately from the pricing proposal in duplicate in both softcopy (password protected) and hardcopy in sealed envelopes.

1.5 Format for pricing

1.5.1 The INCOTERM to be used for pricing shall be, CIF (Colombo) and local costs in Sri Lankan Rupees (LKR).

1.5.2 All prices should be quoted by using pricing format under Section 3 - Annexure II. Prices indicated shall be firm and not subject to variation except for rates of VAT and other applicable taxes prevailing on the date of closing of RFP.

1.5.3 All items (including product/ service code/s) as listed in the Technical offer should be indicated in the pricing offer.

1.5.4 Credit terms offered must also be in Annex II and accompanying Notes to format.

1.5.5 Pricing proposal shall be provided separately from the technical proposal in duplicate in both softcopy (password protected) and hardcopy in sealed envelopes separately for option 1 to 5.

1.5.6 Pricing proposal shall be valid minimum for 365 days and the buyer has the discretion to order the total quantity contracted in batches spread through One Year period mentioned above.

1.6 Statement of Compliance

Following should be noted when marking compliance for the RFP Clauses including General, Technical and Commercial.

1. The compliance shall be stated clearly whether it is Yes, No or Partial.

a) Yes = Full Compliance

b) No = No Compliance

c) Partial = Partial Compliance


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2. Partial compliance shall be explained with remarks.

3. If the compliance status is marked as Yes and it is accompanied with remarks, it is considered as Partial Compliance.

RFP Clause # of RFP

Compliance - Yes/No/Partial Remarks for Partial Compliance

1.7 Documents and Details to Accompany RFP

1.7.1 The Vendor must submit an updated profile of the company, a list of five important customers with their contact details for the comparable product proposed and implemented for such customer/s

1.7.2 All Proposals should contain adequate particulars in respect of the products offered as specified in Technical specifications as per Section 2 of this document.

1.7.3 Duly signed and stamped Non-disclosure Agreement (original/ Scanned copy)

1.7.4 All proposals shall be the property of Mobitel and shall not be returned to the Vendor.

1.8 Acceptance Or Rejection Of Offers And Intimation Of Acceptance

1.8.1 Mobitel reserves the right to decide on the most suitable Vendor/s taking into consideration all concerned facts. Mobitel is not bound to make the award to proposal submitting the lowest offer.

1.8.2 The RFP Committee reserves the right to reject any or all RFP’s without adducing any offer and or reason. The notice of acceptance of RFP will be sent via email to the successful Vendor to the address given by him in the RFP documents as soon as possible after the decision has been made. Intimation of the acceptance of RFP may alternatively be made by Facsimile or e-mail if circumstances so require, and such intimation should be considered sufficient notice of acceptance.

1.8.3 The notice of acceptance of RFP will be communicated to the successful Vendor who will receive the official purchase order.

1.8.4 MOBITEL reserves the right to cancel the project at its sole discretion at any time prior to signing a contract for any reason and without penalty

1.8.5 MOBITEL reserves the right to partition the work to the Vendors who are required to fully co-operate with other selected Vendor to collectively fulfil the objectives and requirements for the project

1.8.6 The Buyer shall have the discretion to procure only part of the BOQ stated in the RFP in a capacity category OR not to procure any quantity from some capacity categories and Pricing quoted or agreed upon shall not have any bearing on this decision


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1.9 Use Of Documents And Information

1.9.1 No Vendor shall without prior written approval from Mobitel disclose any document, specification, etc to any outside person or any other Vendor.

1.9.2 The Vendor shall not make use of any document or information except for purpose of executing of the order.

1.9.3 The Vendor shall be responsible for any discrepancies, errors or omissions in the drawings, designs and other written information supplied by the Vendor, whether they have been approved by Mobitel or not, supplied that such discrepancies, errors, or omissions are not due to inaccurate drawings or information furnished by Mobitel.

1.9.4 The Vendor shall carry out at its own expense any alterations or remedial work necessitated by reason of discrepancies, errors or omissions due to the fault of the Vendor and shall modify the drawings, designs and other written information accordingly, or in the event if the same were done by or on behalf of Mobitel, the Vendor shall bear all costs incurred thereby in agreement with Mobitel.

1.10 Confidentiality

1.10.1 The Vendor agrees that it will not permit the disclosure or duplication of any information received from Mobitel unless such disclosure or duplication is specifically authorized in writing by Mobitel, or as required by law.

1.10.2 Mobitel agrees that it will not disclose or duplicate any information designated in advance by the Vendor as “Confidential/Proprietary” information to any person (other than Mobitel personnel who must have access to such information) unless such duplication, use or disclosure is specifically authorized in writing by the Vendor or is required by law. The term “Confidential/Proprietary” does not include ideas, techniques, or concepts that are in the public domain.

1.10.3 The Vendor is required to submit a Non-Disclosure Agreement (NDA) as per attached standard format Annexure IV with RFP documents submitted at time of closing RFP.

1.11 Canvassing, Gifts & Commissions

1.11.1 Vendor or their Agents should not canvass, offer or agree to give any kind of gifts, commissions rebate or inducement to any person employed by Mobitel.

1.11.2 Breach of this clause may be punishable by law and shall render the RFP invalid And /or cancelled.

1.12 Tests And Inspection

1.12.1 Mobitel will reserve the right to inspect and/or test the product supplied by the Vendor to confirm their conformity to the specified standards.

1.13 Change Orders

1.13.1 Mobitel may at any time, by a written notice given to the Vendor a reasonable change within the scope of RFP on following areas.

a) Product Specifications


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b) Product delivery time

c) Product delivery location

1.13.2 The vendor shall not perform changes in accordance of the above, until the Mobitel has approved in writing on the basis of the revised estimate supplied by the Vendor.

1.13.3 Mobitel has right to get the order on the consignment basis

1.14 Termination For Default

1.14.1 If the Vendor fails to fulfil the order as specified in the Agreement subsequently entered into, Mobitel may without prejudice to any other remedy for breach of the Contract, have the right to terminate the contract in whole or in part and recover any losses from the payments due to the Vendor.

1.15 Standards Of Product

1.15.1 The Vendor shall warrant that the product supplied would conform to the required specifications and standards.

1.15.2 The Vendor shall if requested by Mobitel undertake to sign an agreement with Mobitel for all warranty procedures and provision for alternate product

1.16 Indemnification

1.16.1 Vendor shall agree to defend, indemnify, and hold harmless Mobitel, its officials, officers, employees, agents and volunteers from any and all claims, actions, judgments, losses, costs (including personnel related costs, reasonable attorney’s fees and all other claim related expenses) and damages whatsoever, including but not limited to claims made upon Mobitel arising by reason of accident, injury, or death to any person, to Vendor or to Vendor’s agents, employees, servants and all subcontractors or by reason of injury to property arising out of or in connection with work performed under the contract, except upon a finding of a tier of fact that such loss was caused by the sole negligence of Mobitel. This promise of indemnity shall apply in the case of injuries to Vendor’s own employees.

1.17 Insurance

1.17.1 The Vendor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts required by Mobitel against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Vendor, its agents, representatives, employees, sub consultants, or subcontractors.

1.18 Independent Contractor

1.18.1 The parties intend that an independent contractor-client relationship will be created by their relationship. Mobitel is interested only in the results to be achieved, and conduct and control of the work will lie solely with the Vendor.


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1.18.2 Vendor is not to be considered an agent or employee of Mobitel for any purpose, and the employees of the Vendor are not entitled to any of the benefits that Mobitel provides for its employees. Vendor understands that Mobitel does not intend to use the Vendor’s services exclusively. Vendor will be solely and entirely responsible for his or her acts and the acts of Vendor’s agents, employees, servants, and all subcontractors during the performance of the contract.

1.19 Warranties

1.19.1 The Vendor must provide warranties to assure ownership and performance of the generator. The comprehensive warranty must be supplied for a minimum period of three years or 1500 operating hours whichever comes first following successful completion of system acceptance Test. Additional marking will be given to the bidders offer the longer warranty period.

1.20 Royalties and Patents

1.20.1 The Vendor shall pay royalties and license fees and defend all suits resulting from claims for , infringement of any patent or other intellectual property rights and the Vendor shall and indemnify and hold Mobitel indemnified completely and at all times from all damages, costs and expenses of the alleged infringement of any patent or other intellectual property rights, on all software, materials, and equipment purchased outright or leased and installed according to the specifications of the Mobitel.

1.20.2 The Vendor shall defend Mobitel at the Vendors own cost at any or all such suits or proceedings. If the Equipment or any product thereof is held to constitute an infringement in such action, the Vendor at his own expense will have the choice of taking one or more of the following courses of action;

1.20.2.1 Replace the product with a non-infringing product.

1.20.2.2 Procure for Mobitel the right to continue to use such Equipment and product.

1.20.2.3 Modify the Equipment or any product thereof so that the said Equipment or any product thereof shall cease to constitute infringement of any such rights. The modified equipment must be of an equal or better standard as the equipment in issue.

1.20.2.4 In such an event the Contractor shall obtain the prior written approval of Mobitel.

1.21 Maintenance And Enhancements

1.21.1 The Vendor must define who will provide for maintenance service, where these items will be located, what the response times are and what service/contract cost options are offered.

1.21.2 The Vendor will also provide Mobitel contractually the right to determine an emergency need (as defined by Mobitel) and the option to respond within a predetermined time frame.


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1.22 Governing Language

1.22.1 All correspondence and other documents pertaining to the RFP shall be written in the English language. If any printed documents written in any other language are furnished, the English translation shall have to be certified by the relevant embassy or High Commission.

1.23 Applicable Law

1.23.1 The RFP and any Contract resulting there from will be governed and abide by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka and the exclusive jurisdiction shall be in Sri Lanka

1.24 Arbitration (Only In The Event Of Parties Entering In To A Contract)

1.24.1 The Parties shall use their best efforts to settle any dispute difference or question between them arising out of a resulting Contract in an amicable way. The subject matter shall be discussed in good faith.

1.24.2 If however, the subject matter remains in dispute despite the Parties efforts to settle the dispute in question either party may submit the matter to arbitration as set out below.

1.24.3 All disputes differences or questions between the Parties with respect to any matter arising out of or relating to the resulting Contract shall be finally settled under the Rules of Conciliation and Arbitration in accordance with the provisions of the Arbitration Act No 11 of 1995 and the rules of the Arbitration Centre of the Institute for the development of Commercial Law and Practice, in Colombo (Sri Lanka) by three(3) arbitrators appointed in accordance with the said Rules and proceedings and the proceedings shall be conducted in the English language.

1.25 Taxes And Duties

1.25.1 All taxes such as VAT, payable in Sri Lanka by the Vendor relating to the execution of a resulting Contract shall be borne by Mobitel.

1.25.2 The Vendor who should be registered for VAT shall submit to Mobitel complete and sequentially numbered invoices stating the VAT numbers of both parties and showing the component of VAT separately and Mobitel shall pay such total tax invoices.

1.25.3 However personal income tax and corporate income tax of the Vendor, the Vendor’s employees or his Sub Contractors payable whether in Sri Lanka or outside Sri Lanka shall not be borne by Mobitel.

1.25.4 Any taxes outside Sri Lanka shall not be borne by Mobitel.

1.25.5 Any taxes whether in Sri Lanka or outside Sri Lanka by Sub Contractors or employees of the Vendor shall not be borne by Mobitel.

1.26 Protection Of Existing Telecommunications System

1.26.1 During the installation/construction period, the Vendor shall pay special attention to the protection of the existing telecommunications system from damage or interference.

1.26.2 In case such damage or interference should occur, the Vendor shall immediately suspend his Works and ask Mobitel for their instructions, upon receipt of which he shall restore services as soon as possible at his own cost.


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1.27 Prevention Of Damage

1.27.1 The Vendor shall, at his own expenses, provide facilities necessary to prevent damages to Works, Goods, adjacent structures or a third party until the Works has been completed and accepted.

1.27.2 The Vendor shall whenever he considers it necessary for the prevention of accidents, take proper measures at his own cost, and notify Mobitel of the measures taken. The Vendor shall be solely responsible, should any accident occur.

1.27.3 The Vendor shall not enter for any purpose, buildings other than those concerning with the project, without obtaining the permission of the person in charge.

1.28 Oral Presentation

1.28.1 Mobitel, at its sole discretion, may ask the Vendor to make an oral presentation without charge to Mobitel at Mobitel facilities.

1.29 Demonstration Of Product

1.29.1 Mobitel, at its sole discretion, may ask the Vendor to demonstrate their Product at Mobitel facilities without charge to Mobitel. Mobitel will allow as much as a half day for Vendor demonstrations.

1.29.2 Mobitel will request the Vendor to make recommendations with regard to the length of demonstration before the demonstration is scheduled.

1.30 Project Responsibility

1.30.1 The Vendor will be responsible for maintenance and supply of required generator relating to implementation including installation, providing technical and user training to Mobitel staff, and providing adequate system documentation.

1.30.2 All services and implementation shall be supplied in a timely manner. Both Mobitel and the Vendor will be responsible for working in a cooperative manner to meet timelines agreed to by both parties.

1.31 Support Documentation

1.31.1 Mobitel, at its sole discretion, may ask the Vendor to provide to Mobitel, without charge, one (1) complete set of PERMITTING documentation for evaluation purposes, including but not limited to, a systems design manual, individual operations manuals, a user’s manual and available training aids. Mobitel will sign a non-disclosure agreement if required.

1.32 Format For Response:

1.32.1 Cover Letter, Title Page and Signatures, Table of Contents

1.32.2 Executive Summary - Provide a general overview of the RFP offer.

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1.32.3 Vendor background and qualifications - Include Vendor and executive information, including management team and qualifications of key staff that would be working with Mobitel. Please address the Vendor financial status (privately held, corporation, etc)

1.32.4 Customer references - Please include a list of five authorized references that Mobitel can contact. Names and titles of contact persons must be included.

1.33 Addenda To The RFP

1.33.1 In the event that it becomes necessary to revise any part of this Request for Proosals, addenda will be supplied.

1.34 Non-Disclosure Agreement

Guidelines;(1) The Complete NDA should be submitted(2) The NDA should be executed in the following manner

Company - By the persons authorized by the Company’s Articles of Association. Generally it is a Director (in a single Director company) or Two Directors or a Director and the Company Secretary. However in large companies delegation takes place as such a Manager or other official might be authorized to sign the NDA on behalf of the Company. In the latter case please obtain a copy of the document by which the Board has given authority to the individual to sign on behalf of the Company. Plus the rubber seal (or the common seal if available) of the company to be placed on the NDA (this is required for the purpose of refuting any allegations that might be made by the other party on the basis that the NDA was signed by a person not authorized by Company.

(3) The two witnesses should place their signatures (the witnesses by placing their signatures would be witnessing the placing of the signatories’ signatures) (4) NDA should be submitted in two copies

NOTE - IF a NDA has already been executed with Mobitel, it is not necessary to submit a separate NDA with this RFP.

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1.35 Correspondence

1.35.1 The Vendor will name a representative to communicate with Mobitel. The representative must be a person authorized to negotiate a contract in the company’s name. The Vendor must also identify a person who will act as the Vendor’s contract administrator. This person or a successor must have full authority to resolve disputes with Mobitel.

1.35.2 Any correspondence in this regard should be sent in writing, e-mail to the following address. All communications about this Request for Proposal must be directed through the following officer who is co-ordinator for this RFP.

Assistant Manager- ProcurementMobitel (Pvt) Ltd108, W.A.D. Ramanayake MawathaColombo 2.

Tel: 0716 910 401e-mail: [email protected]

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mailto:[email protected]

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Section 2 – TECHNICAL SPECIFICATION SHEET FOR SUPPLY INSTALLATION AND COMMISSIONING DELIVERY OF 1500kVA or 2000kVA SOUND PROOF GENERATOR2.1 System Parameters

a) System Voltage - 380 - 415 V, Three Phaseb) System Frequency - 50 Hzc) Method of Earthing - Star point solidlyEarthed

2.2 Service Conditions

The generator shall be suitable for operating satisfactorily, as per BS-5000 and BS-5514 referred in clause 5, 6 and 7 or any other, under the following service conditions at site.

a) Annual average ambient temperature - 300 Cb) Maximum ambient temperature - 600 Cc) Maximum relative humidity - 70 – 100%d) Altitude - Sea level to 2000 m

2.3 Design Data

2.3.1 Engine

Specification 1500kVA proposal 2000kVA proposala) Rated continuous output Not less than

1200kW electricalNot less than 1600kW electrical

b) Over load rating 10% (For one hour per 12 hours)

10% (For one hour per 12 hours)

c) Power factor 0.8 0.8d) Voltage 415/230 V 415/230 Ve) Frequency 50 Hz -/+ 1% 50 Hz -/+ 1%f) Speed 1500 RPM

( nominal )1500 RPM ( nominal )

g) Deviation factor for waveform 5% 5%h) Insulation class H HProtection Class IP42 IP42

2.3.1.1 The diesel engine shall be water-cooled, four stroke, direct injection, Rotary, industrial type and shall be allow easy maintenance. The filters, plugs and discharge cocks shall be easily accessible.

2.3.1.2 The engine model should have been in production for at least two years without substantial modification. Supplier has to confirm the availability of the spare parts for 10 years from purchased date.

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2.3.1.3 Preference will be given to engine models, which have been proved satisfactory in operation in Sri Lanka and produced by a manufacturer represented in Sri Lanka by a competent service agent.

2.3.1.4 Lubrication of the engine shall be by means of an engine driven integral pump.

2.3.1.5 Prime Pump (Manual operation before starting) shall be available with the generator

2.3.1.6 The equipment shall include an adequately rated lead/acid starter battery together with a transformer type battery charger. The battery charger shall have a continuous output rating sufficient to recharge the battery to full charged condition in a period of 8 hours. There shall be a charging alternator driven from the engine to charge batteries during the generator operation.

2.3.1.7 The engine shall be fitted with a speed governor capable of regulating the speed within 4% of the rated speed.

2.3.1.8 The following protection devices and alarms shall be supplied with each engine.

a) High lubricating oil temperatureb) High engine jacket cooling water temperaturec) Engine over speed

2.3.2 Generator

2.3.2.1 The generator shall comply with IEC34 and shall be of the brush-less type. A sturdy elastic coupling shall connect the engine and the generator and both shall be mounted on a common base plate.

Specification 1500kVA proposal 2000kVA proposala) Main line circuit breaker 2500A 3200Ab) Protection Level IP42 IP42c) Insulation Class H Hd) Voltage 415/230 V 415/230 V

2.3.2.2 Bidder shall install Space heaters (anti condensation heater) in the alternator to avoid condensation.

2.3.2.3 The degree of protection for the generator and exciter shall be not less than IP42. The generator shall be complete with all necessary cooling fans, excitation and voltage regulating equipment.

2.3.2.4 The generator shall be star connected.

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2.3.2.5 The generator shall be capable of maintaining its continuous maximum rated output when operating within -/+ 5% of rated voltage and at rated power factor.

2.3.2.6 The voltage regulation from no load to full load shall be not more than -/+ 2½%.

2.3.2.7 The excitation system shall sustain excitation during fault conditions and also isolation of faulty feeders without affecting the generator supply.

2.3.2.8 The generator shall be able to sustain 10% overload for one hour at intervals less than 12 hours.

2.3.3 Exhaust and Canopy

2.3.3.1 The exhaust pipe shall be supplied with a silencer suitable for operation to limit the overall noise level of the generator (including the soundproof canopy) to 75 dBA at a distance from 1 meter from the diesel generator with proper keys for the doors. If a Local Manufactured canopy is offered, bidder shall offer a comprehensive warranty of 5 years for all items.

2.3.3.2 A diesel tank shall be supplied with the generator for a minimum of 8 hour backup at prime rated capacity which has to place inside the available space of the generator room. It shall be supplied with a suitable level indicator for the visual inspection.

2.3.4 Control Panel

Gen control Panel needs to be provided as a separate panel with the Canopy. Necessary protection needs to be provided against hash climatic conditions. Control panel shall have a lockable front door without interchangeable keys and all instruments and circuit breakers shall be flush mounted. All instruments and equipment in the in the panel shall be reputed makes confirming to the relevant IEC/British standard specifications or equivalent. Control panel shall consist of (or shall have functionality if a module is used)

a) Voltmeterb) Ammeterc) Frequency meterd) Emergency stope) Main circuit breakerf) Battery Chargerg) Engine start push buttonh) Engine stop push buttoni) Hours run indicatorj) Speed indicatork) Lub oil pressure indicatorl) Cooling water temperature and level indicatorm) Lamp test pushbutton

n) Mode selector switch: Test with load / Auto / Test without load

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o) Delay on start timerp) Delay on transfer timerq) Cool down timerr) Maintenance control key switchs) Manual mains to load bypass switcht) Auto / Manual retransfer selectoru) earth fault, over current, reverse power indication and auto shutdown.

2.3.4.1 Pre-Alarm indication, which precede with shutdown situation

a) Low lube oil pressureb) High cooling water temperaturec) Engine over speedd) Generator over voltage

2.3.5 ATS panel

2.3.5.1 ATS panel shall be quoted as a separate item for both 1.5MVA and 2MVA proposals respectively.

2.3.5.2 The scope shall cover supply, installation, cable laying and termination.

2.3.5.3 Vendor shall provide all necessary protection for ATS for transients and

2.3.5.4 ATS Panel shall be supplies as a separate Panel. Following status indication should be available. Offering a Factory Fitted ATS is mandatory. If a Local Manufactured ATS is offered, bidder shall offer a comprehensive warranty of 3 years for all items.

a) Mains availableb) Mains on loadc) Generator availabled) Generator on load

2.3.5.5 Following controls/Functionalities shall be available

a) Mode selector switch: Test with load / Auto / Test without loadb) Mains voltage sensing relay ( 1Phase or 3Phase )c) Delay on start timerd) Generator voltage sensing relayse) Delay on transfer timerf) Cool down timerg) Maintenance control key switchh) Lamp test push buttoni) Manual mains to load bypass switchj) Auto / Manual retransfer selector

2.3.6 Alarm Extension

2.3.6.1 Vendor shall provide alarm extension through the same alarm monitoring system existing in Mobitel. Cabling drawing works has to complete by the vendor with

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necessary protection for the cable. Underground cables needs to drew through Heavy duty GI pipes with bending

1. Generator on Load2. Generator tank fuel low alarm – this has to appear at a level of 100 liters in the

tank3. Generator fault

2.3.6.2 (Providing these options are compulsory item and any proposal could be supplies as a separate option with pricing)

2.3.6.3 Optional Solution to be submitted to remote monitoring of the performance of the diesel generator compatible with the existing system,

Main functionalities;

a) Status of the gen Operation / Alarmsb) Hour meterc) Fueling History and Fuel consumption quarrying.

2.3.7 Information to be supplied with the offer

The following shall be furnished with the offer separately for both options.

a) Compliance sheet to the Specification sheet (as at 1.7 and Annexure 1)b) Catalog, Manufacture technical broachers describing all equipment indicating the type

and model number.c) OEM product catalog/documentation for the 3rd party products d) Technical literature describing the operational feature of all equipment in English.e) Constructional features, materials used for components and relevant technical

literature.f) Complete dimensional drawingg) Pricing schedule for Total cost Ownership 1.4h) Offered service agreementi) List of names and address of purchasers in Sri Lanka.j) Manufacturing experience and proven service record for the engine and generator

offered.k) After sales service supplied by the Bidder.l) Regional generator service and repair center details

a) Regional center locationsb) Number of technicians at a regional center dedicated to generator repair and

maintenance c) Nature of repair that can be handled through regional centers

l) Period and nature of guaranteem) Past deployment history and reference site details n) Quality assurance certificateo) Country of originp) Proposed delivery plan from the date of LC.

2.3.8 Spare parts

The Bidder shall confirm that he will maintain sufficient stock of spare parts for ten years of trouble free operation and include a list of spares and per unit cost of each item.

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2.3.9 Handing over

When handing over the generator following items shall be handed over. All documents shall be in English.

a) Spare parts manual b) Maintenance manualc) Electrical diagramd) Manufacturers test certificatee) Operational manual

2.3.10 Training and Performance Test

2.3.10.1Bidder should arrange a training session at the products originating facilities on Maintenance of Generators for 3 personnel with all travel, accommodation free of charge to Mobitel.

2.3.10.2Bidder shall provide an operation and maintenance session at site for Mobitel technical staff after commissioning at site.

2.3.10.3Bidder shall arrange a load test with a separate load bank and test the generator performance (temperature rise, sound level, voltage regulation, fuel consumption, etc) for 50%, 75%, 100% and 110% of the load during the commissioning of the generator and provide all necessary equipments for the testing with no cost to Mobitel.

2.3.11 Generator soundproof room

2.3.11.1Bidder shall participate for a site visit prior to submit quotations to fully identify the scope of the room on a given date and time by Mobitel.

2.3.11.2Bidder shall arrange cable and cable termination to the ATS.

2.3.11.3Bidder shall give separate quotations and technical details for following options separately for both 1.5MVA and 2MVA proposals;

a) Construction of new generator room.

2.3.11.3.a.1 Sound level shall be maintained as 70dB at 1m.

2.3.11.3.a.2 All design and implementation of civil, cabling, sound attenuation, wiring, etc (total scope) has to conducted by the bidder

b) Installation of the generator in the existing generator room

2.3.11.3.b.1 The scope comprises of; removal of existing generator to outside the room, modification of the sound attenuation and air floor system, installation and commissioning of the new unit inside the room, all finishing works of the generator room.

2.3.11.3.b.2 Bidder shall install proper ventilation system. If natural ventilation is not enough, a forced draft system has to be installed.

c) Submission of a design for a generator room to be implemented through a 3 rd

party.

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2.3.11.3.c.1 A comprehensive design shall be submitted by the bidder including recommendations on dimensions.

2.3.11.3.c.2 Bidder shall arrange at least 2 visits to the site during the implementation for the supervision.

2.3.11.3.c.3 Bidder shall transport, position, install and commission the generator after the installation of the generator room is completed.

d) Installation of the generator inside movable a soundproof trailer

2.3.11.3.d.1 Bidder shall give a warranty of 5 years for the trailer and the soundproof container over corrosion

2.3.11.3.d.2 Bidder shall install a bus bar chamber arrange all cable terminations

2.3.11.3.d.3

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Annexure I – Check list of Technical details (Need to submit two separate sheets for 1500kVA and 2000kVA units)

1.1 Technical detail sheet

Generator Capacity

Generator Model

Engine Make

Model

Country of Origin

Alternator Make

Model

Country of Origin

Cooling system

Sound Level @1m with 100% Load

Gen Control Unit Local

Factory FittedSound proof canopy Local

Factory Fitted

ATS Panel Local

Factory Fitted

Delivery Period

Warranty ( 3 Years or 1500 hours Comprehensive)

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1.2 Complies Sheet

Complies Sheet

Yes/No Comment1.0 System Parameters

a) System Voltage 380 - 415 V, Three Phase

b) System Frequency 50 HzC) Method of Earthing Star point solidly

Earthedd) Rated continuous output

2.0 Service Conditions

a) Annual average ambient temperature

300 C

b) Maximum ambient temperature

600 C

c) Maximum relative humidity

70 – 100%

d) Altitude Sea level to 1000 m

3.0 Design Data

a) Rated continuous outputb) Over load rating 10% (For one

hour per 12 hours)

c) Power factor 0.8d) Voltage 415/230 Ve) Frequency 50 Hz -/+ 1%f) Speed 1500 RPMg) Deviation factor for waveform

5%

h) Insulation class Hi) Protection Class IP423.1 Engine3.2. Generator3.3 Exhaust and Canopy3.4 Fuel Consumption as at (Electrical power output)

100% Electrical75% Electrical50% Electrical

3.4 Sound level with Sound proof Canopy @ 1m (Electrical power output)

100% Electrical75% Electrical50% Electrical

4.0. Control Panel

4.1 Control panel compliancy4.2 Pre-Alarm indication, which precede with shutdown situation

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4.3 Offering of Monitoring System

5.0 Fuel Tank (400L as requested in the Tech Specs)6.0 ATS panel accordance with the request7.0 Extension of Alarm provided8.0 Information to be supplied with the offer included9.0 Spare parts availability10.0 Handing over agreed as per the request11.0 Product training as per the request12.0 Product testing as per the request13.0 Service Agreement14.0 OEM supplier product code confirmation letters15.0 Alternative Products & POC criteria

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1.3. Proposed Commissioning Sheet

Check list for Commissioning Gens

Site ID and site:……………………………………………………...

Generator Make & Model Mobitel Asset CodeGenerator Serial NumberCapacity (kVA)

1.0 Generator Operating Test Remarks/Issues1.1 Measurement of Output

No-load1.1.1 Voltage (L1,L2,L3)

1.1.2 FrequencyOn-load (connect the site as the load)

1.1.3 Voltage (L1,L2,L3)1.1.4 Current (L1,L2,L3)1.1.5 Frequency1.2 Charging Alternator1.3 Battery Charger1.4 Battery1.5 ATS panel1.5.1 Auto start1.5.2 Manual start2.0 Cable2.1 Power armored cable3.0 Grounding3.1 Earth tape connected to the earth ring3.2 Armored cable grounding3.3 Canopy grounding4.1 Gen Mounting with anchor bolts4.2 Diesel tank (no visible leakage)5.0 Sound level and % load at measurement5.0 Any other issues noticed

Name and the signature of the Mobitel officer : ……………………………………………………

……………………………….

Name and the signature of the supplier officer

: ………………………………………………………………………………………….

Date :

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2.4 Service agreement

2.4.1 Service period shall be defined by the Bidding Party

2.4.2 bidder shall provide 4 free services for the unit

2.4.3 bidder shall mention the TBO (time between overhaul) in the proposal (Preferred over 9000Hours for top end overhauls & 27Hours for major overhauls)

2.4.4 bidder shall provide the list of running spares for 2 years and the cost of each item

2.4.5 Bidder shall provide a letter of confirmation on availability of spares for the next 10 year from principles.

2.4.6 Service attention shall include:

1. Routine service and cleaning, lubricating where necessary, changing of oil and various filter elements, checking and filling coolant(to the recommended level) and if requested addition of water treatment, checking electrolyte level of batteries. V- Belt tensioning, checking turbo charger for leaks, inspecting hoses, pipes etc., checking proper working of safety devices, wiring connections for any looseness etc.,

2. The scope of the service attention specifically excludes the supply of any Lubricants, Filters, Electronic Circuit Boards, worn or damaged parts which if required will be charged extra. Servicing Party need to submit an estimate for the cost of replacement of such parts and obtain prior approval of USER before such supply / installation is carried out.

3. Service shall be carried out at every 6 months during the continuance of the agreement. These services will be referred to as “Schedule Services” and will be carried out at the place of normal use of the EQUIPMENT. USER will inform SERVICE Agent for the service when the running hours reach 200 hours if the Generator has to run longer hours in the event of mains power failure.

4. Apart from the “Schedule Services” referred above SERVICE Agent shall also carry out additional service calls if required. Such calls will be referred to as “Unscheduled Services” and will be paid accordingly. The emergency breakdown calls will be attended within 4 hours on a 24x7 criteria.

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SECTION 3 – Commercial Terms Annexure II – Price format

LKR CIF (Colombo) – US$

Generator – MakeModel

Engine – MakeModel

Alternator – MakeModel

Total Cost – LKR Excluding TaxCost of GeneratorSound Proof Canopy/ Attenuators Factory Fitted

Local Fuel TankATS Panel (as per technical requirement) Factory Fitted

LocalATS Panel (LKR) Factory fitted

Local

Warehousing Charges (optional)Per unit per Month (LKR.)

Total Cost

Payment TermsDuty Free basis (CIF-Colombo)

Currency quoted (US$)Conversion RateDelivery Period from P/ODelivery Period from P/O (from LC date)Validity of Prices (days)Warranty

Rates for the installation

Transport, Installation and Commissioning Cost (LKR)

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Transport, installation and commissioning of the generator including cabling etc.Installation as per 2.3.11-aInstallation as per 2.3.11-bInstallation as per 2.3.11-cInstallation as per 2.3.11-d

Notes:

1. Please expand on above line products if required in keeping with format.

2. Validity of offer – 90 days

3. Credit terms – L/C- 90days for Supply of Generator

- 45 Days Credit from invoice receipt days for installation & commissioning

4. Price offer to be signed by Authorized Signatory of the Company.

5. Transport from Port to Vendors warehouse to be borne by Vendor.

6. Copy of Service agreement and spares price list (validity of 1 year)

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Annexure III – Bid Bond Format

Gtee Ref

Date of Issue

Bene Name : Mobitel (Private)Limited

Address No 108 W.A.D.RamanayakeMawatha

Colombo 2,

Sri Lanka.

AT THE REQUEST OF Applicant Name & Address, WE DO HEREBY UNDERTAKE AND AGREE UNCONDITIONALLY AND IRREVOCABLY AND GUARANTEE TO PAY ON FIRST DEMAND WITHOUT CAVIL, ARGUMENT AND OR ANY REQUIREMENT BY MOBITEL (PRIVATE) LIMITED TO ADDUCE REASONS, PROOF OR CONDITION AND WITHOUT ANY OBJECTION WHATSOEVER BY US, ALL MONEYS THAT MAY BE CLAIMED AND/OR DEMANDED BY YOU AS PAYMENT DUE ON THE ………………………AGREEMENT BETWEEN THE PARTIES. WE FURTHER UNDERTAKE THAT, IN THE EVENT REASONS HAVE BEEN FURNISHED IN THE SAID DEMAND, THE SAID REASONS SUPPLIED THEREIN SHALL NOT BE QUESTIONED OR DISPUTED BY US.

EVERY DEMAND HEREUNDER SHALL BE IN WRITING FOR SPECIFIC AMOUNTS UNDER THE HAND OF THE MOBITEL (PRIVATE) LIMITED AND SHALL CERTIFY THAT THE SAID Applicant Name HAVING BECOME LIABLE TO PAY UNDER THE AGREEMENT BETWEEN THE PARTIES, FAILED TO PAY THE SAME WHEN SO REQUESTED BY OR ON BEHALF OF THE MOBITEL (PRIVATE) LIMITED AND SHALL BE ADDRESSED TO THE MANAGER, bank and address DELIVERED AT OUR COUNTERS AT address, AT OR BEFORE 12 NOON ON ……………… (Expiry Date being 18 months from date of issue), AND IN CASE THE SAID Expiry date SHALL BE A BANK HOLIDAY, THEN AND OR 12 NOON ON THE FIRST BANK NORMAL WORKING DAY THEREAFTER.

OUR MAXIMUM LIABILITY HEREUNDER SHALL NOT IN ANY EVENT EXCEED THE SUM OF SRI LANKAN RUPEES …………………………………… (LKR……………).

EVERY PAYMENT MADE BY US THEREUNDER SHALL BE A PRO TANTO DISCHARGE OF OUR LIAIBITY THEREUNDER.

THIS GUARANTEE SHALL BECOME AUTOMATICALLY NULL AND VOID AND CEASE TO BE OF ANY FORCE OR AVAIL IN LAW AFTER 12 NOON ON THE SAID Expiry Date (AND IN CASE THE SAID DATE SHALL BE A BANK HOLIDAY THEN AFTER 12 NOON ON THE FIRST BANK NORMAL WORKING DAY THEREAFTER) AND OUR LIABILITY HEREUNDER SHALL BE COMPLETELY EXTINGUISHED AFTER 12 NOON ON THE SAID DATE (OR AFTER 12 NOON ON THE FIRST NORMAL WORKING DAY THEREAFTER, AS THE CASE MAY BE) WHETHER OR NOT THE ORIGINAL OF THIS LETTER OF GUARANTEE IS RETURNED TO US DULY DISCHARGED EXCEPT ONLY IN RESPECT OF DEMANDS FOR SPECIFIC AMOUNTS FORMULATED AND CERTIFIED IN MANNER

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AFORESAID AND DULY RECEIVED FROM YOU BY US AT OUR COUNTERS AT (address of the bank) AS AFORESAID UNDER THIS GUARANTEE AT OR BEFORE 12 NOON ON THE SAID Expiry Date (OR AT OR BEFORE 12 NOON ON THE FIRST BANK NORMAL WORKING DAY THEREAFTER, AS THE CASE MAY BE).

WE AGREE THAT ANY CHANGE OR ADDITION TO OR OTHER MODIFICATION OF THE TERMS OF ANY CONTRACT BETWEEN THE PARTIES SHALL NOT IN ANY WAY RELEASE US FROM ANY LIABILITY UNDER THIS GUARANTEE.

THIS BANK GUARANTEE SHALL BE GOVERNED BY THE LAWS OF SRI LANKADATED AT COLOMBO ON THIS ………….DAY OF 2012.

BankLocation

AUTHORIZED SIGNATORY

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Annexure III - AGREEMENT ON NON-DISCLOSURE AND RESTRICTION OF USE OF MATERIAL

THIS AGREEMENT made and entered into on this …….. day of ……………………………… Two Thousand and Fifteen (2015).

By and Between

………………………………………………., a Company incorporated under the Companies Act, No.7 of 2007 under the Registration No. PV …….. and, having its registered office at at ……………………………………………… (hereafter referred to as "………" which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include ………………………………………………………its successors and permitted assigns) of the ONE PART.

And

MOBITEL (PRIVATE) LIMITED a Company incorporated under the Companies Act, No.7 of 2007 under the Registration No. PV 9478 and, having its registered office at 108, W.A.D. Ramanayake Mawatha, Colombo 02, Sri Lanka (hereafter referred to as “Mobitel” which expression shall include, unless explicitly excluded, MOBITEL (PRIVATE) LIMITED, its successors-in-interest and permitted assigns) of the OTHER PART.

Mobitel and ………………are hereinafter jointly referred to as “Parties” and individually as “Party”.

WHEREAS …………………….. is engaged in ……………………………………………….. WHEREAS Mobitel is carrying on the business of providing mobile telecommunication cellular services ;

AND WHEREAS the Parties wish to protect and preserve the confidential and/or

proprietary nature of information and materials to be disclosed or made available by either Party (hereinafter referred to as the “Disclosing Party”) to the other Party (hereinafter referred to as the “Receiving Party”) in connection with exploring a business opportunity including and not limited to certain discussions, negotiations or dealings between the Parties (“Purpose”) in accordance with the terms and conditions set forth herein;

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1. To facilitate discussions, meetings and the conduct of business, as may from time to time occur, between the parties in connection with the proposed business

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relationship between the two parties, it may be necessary for either party to disclose to the other technical, customer, personnel and/or business information in written, graphic, oral or other tangible or intangible forms, clearly marked or labeled "Confidential" or "Proprietary" (or with a similar legend), including, but not limited to specifications, records, data, computer programs, drawing, know-how, notes, model reports and samples, idea, invention (whether patentable or not), process, technique, algorithm, computer program (source and object code), design, schematic, drawing, formula, data, product development plan, strategy, forecast and other technical, engineering, manufacturing, product, marketing, servicing, financial, personnel, human resources, and other information and materials, such information may contain proprietary, private or confidential material, or material subject to applicable laws regarding secrecy of communications or trade secrets [hereinafter referred to as “Confidential Information”].

2. Each party acknowledges and agrees:

a. That all Confidential Information acquired by the Receiving Party from the Disclosing Party shall be and shall remain the exclusive property of the Disclosing Party. Except as may be otherwise agreed to in writing, no warranties of any kind, whether express or implied, are given by Disclosing Party with respect to any Confidential Information or any use thereof;

b. To consider all the information exchanged between the parties as Confidential Information unless otherwise agreed between the Parties at the time of disclosure.

c. That information that is disclosed orally between the Parties should be considered by the Receiving Party as Confidential Information.

d To receive in confidence any Confidential Information; to limit access to such

Confidential information to authorized employees on a need to know basis of the Confidential Information in order for the Receiving Party to participate in the matter of mutual interest described above; and not to disclose such Confidential Information to others which includes other entities and persons who are not full-time, regular employees of the Receiving Party , but exclude consultants and advisors provided that such Consultants and advisors have signed similar confidentiality agreements with the Receiving Party or authorize anyone else to discuss such Confidential Information to others without the prior written approval of the Disclosing Party.

e. To use such Confidential Information only for the Purpose or specified by the Disclosing Party.

f. That all the Confidential Information in written, graphic or other tangible form furnished hereunder shall remain the property of the Disclosing Party and shall (i) be returned to the Disclosing Party at its written request , together with their Derivations (as defined below), including all copies made thereof by the Receiving Party, and (ii) the Receiving Party shall promptly erase or destroy all Confidential Information, Derivations, and copies thereof if

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recorded and stored in an electronic medium (as an example: computer discs, tapes, flash drives, etc). Upon written request by the Disclosing Party, an officer of the Receiving Party shall certify the following in writing: (a) the return of all tangible records containing Confidential Information, Derivations, and copies thereof; (b) the destruction or erasure thereof, if the Confidential Information and/or Derivations are stored in an electronic medium as provided above; (c) of the discontinued use and its intent not to continue to use the Confidential Information; and (d) its compliance with the requirements of this Section 4. Derivations are defined as documents or records, in intangible or tangible form, or on electronic media, describing, summarizing, reproducing, or re-disclosing the Confidential Information, whether in whole or in part, or any extracts thereof.

g. Notwithstanding the term hereof, to treat all Confidential Information as

provided herein until such time as the Parties mutually agree in writing that such treatment is no longer warranted; and

h Neither disclosure of Confidential Information nor this Agreement shall be construed as a license to make, use or sell the Confidential Information to products derived there from.

i Subject to Clause 3 below the release of any information,

Confidential or otherwise, should be with the prior written approval of the Disclosing Party.

j That the Receiving Party shall maintain all Confidential Information of the Disclosing Party in trust and strict confidence for the sole benefit of Disclosing Party and shall not disclose such Confidential Information to any third party without Disclosing Party’s prior written consent.

k. That the Receiving Party shall take all reasonable measures, but in any event no less than the same degree of care that it uses to protect its own confidential and proprietary information of similar nature and importance, to protect the confidentiality and avoid the unauthorized use, disclosure, publication, or dissemination of Disclosing Party’s Confidential Information.

l. That the Receiving Party shall not remove, overprint, or deface any notice of confidentiality, copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of Confidential Information it obtains from the Disclosing Party.

3. These obligations do not apply to Confidential Information which:

a. As shown by reasonably documented proof, was in the Receiving Party’s possession prior to receipt thereof from the Disclosing Party; and

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b. As shown by reasonably documented proof, was received by the Receiving Party in good faith from a third party not subject to a confidential obligation to the Disclosing Party; or

c. is or becomes publicly known through no breach of confidentiality obligation by the Receiving Party; or

d. Is disclosed to a third party by the Disclosing Party without a similar non- disclosure restriction; or

e. Is disclosed pursuant to a requirement imposed by a Government agency or is otherwise required to be disclosed by operation of law, except that prior to any disclosure pursuant to this sub-section, the Receiving Party receiving the request for the information shall notify the Disclosing Party in writing and shall give the Disclosing Party an opportunity to participate in objecting to production of the Confidential Information and shall cooperate fully with Disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential information; or

f. Was developed by the Receiving Party independently without having access to any of the Confidential Information received from the Disclosing Party.

g. Is authorized in writing by the source to be released or is designated in writing by the source as no longer being Confidential or proprietary.

4. Business Relationships .

4.1 Each Party acknowledges that the other Party's employees and contractors are valuable business assets. Each Party agrees that, during the period until the Purpose is completed and for one (1) year thereafter, it shall not (for itself or for any third party) divert or attempt to divert from the other Party any employee or contractor, through solicitation or otherwise.

5. Nothing contained in this Agreement shall act to prevent any one or all of the Parties hereto from concurrently or otherwise discussing or planning similar projects with non-parties to this Agreement so long as the non-disclosure aspects of this Agreement are not violated. Neither Party shall discuss or disclose in writing or by any other means to any third party, any information knowingly allusive to any Confidential Information.

6. Except as provided herein, no right or license whatsoever, either expressed or implied is granted to the Receiving Party pursuant to the Agreement under any trade secret, know-how, patent, patent application , trademark, copyright or other proprietary right now or hereafter owned or controlled by the Disclosing Party or its successors or permitted assigns.

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7. It is agreed that a violation of any of the provisions of this Agreement will cause irreparable harm and injury to the non-violating Party and that Party shall be entitled, in addition to any other rights and remedies it may have at law or in equity, to an injunction enjoining and restraining the violating Party from doing or continuing to do any such act and any other violations or anticipatory violations of this Agreement. Except in showing of willful violation of this Agreement, neither Party shall be liable to the other, whether in contract or in tort or otherwise, for special, indirect, incidental or consequential damages.

8. Neither this Agreement nor provision of Confidential Information pursuant to it shall be construed as an agreement, commitment, promise or representation by either Party to do business with the other or to do anything except as set out specifically in this Agreement.

9. This Agreement shall be construed in accordance with the laws of Sri Lanka and be

subject to the jurisdiction of the Courts of Sri Lanka.

10. This Agreement shall be binding on agents, successors and permitted assigns of the Parties.

11. This Agreement is the entire agreement between the Parties with respect to nondisclosure of Confidential Information pertaining to the matters stated above and suspends all prior agreements and understandings with respect to this subject. This Agreement shall not be assigned or transferred by either Party without the prior written consent of the other Party.

12. Unless terminated earlier by written notice without prejudice to any rights and obligations of this Agreement, this Agreement shall remain in force for a period of five years from “from the date of signing hereof”. Provided however the provisions relating to’ Confidentiality’ shall survive any termination.

13. .Any doubt, dispute, controversy, and, or claim arising out of or in connection with this agreement and any subsequent amendments thereto including without limitation its formation, interpretation or on the rights, duties, obligations, or liabilities of any party thereto or on the operation, breach, termination, existence or validity thereof including non contractual claims whether during or after its termination shall be referred to and finally determined and settled by Arbitration by a panel of three Arbitrators in accordance with the provisions of the Arbitration Act No. 11 of 1995.

The Arbitration will be held in Colombo Sri Lanka and will be conducted in the English Language.

14. MISCELLANEOUS

14.1 The waiver by either Party of a breach of or a default under any provision of this Agreement shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right or

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remedy that it has or may have hereunder operate as a waiver of any right or remedy. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction be invalid or unenforceable, the remaining portions hereof shall remain in full force and effect, and such provision shall be enforced to the maximum extent possible so as to effect the intent of the Parties and shall be reformed to the extent necessary to make such provision valid and enforceable. The Parties are independent contractors, and neither Party shall have any authority of any kind to bind the other Party in any respect whatsoever.

IN WITNESS WHEREOF Common Seal of Mobitel and the Common Seal or Signature of the authorized representative of ………………… are placed hereunto and to one other of the same tenor and date as these presents on the date mentioned at beginning hereof

The Common Seal of MOBITEL (PRIVATE) LIMITED is affixed hereunto in the presence ofMr. P. G. Kumarasingha, the Chairman and Corporate Advisory Services (Private) Limited the Secretaries to the Company Who do hereby attest the sealing hereof

WitnessesSignature Name

1. ……………………….. ……………………………

2. ……………………….. ……………………………

The Common Seal of ……………………………………………is affixed hereunto in the presence of And who attest the Sealing hereof

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Witnesses:

Signature Name

1. ……………………….. ……………………………

2. ……………………….. ……………………………

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