RAJARATA UNIVERSITY OF SRI LANKA INVITATION FOR BIDS …

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RAJARATA UNIVERSITY OF SRI LANKA INVITATION FOR BIDS (IFB) Design and Development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka 1. The Chairman, Department Procurement Committee (DPC) is calling for bids from reputed Web Based Information Systems Designing and Development Institutions incorporated in Sri Lanka Under Companies Act No. 7 of 2007, incorporated body by any Act of Sri Lanka or a reputed Government Institution engaged in the developing and deploying Web Based Information Systems for design and development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka- Interested bidders may obtain further information from Assistant Bursar - FMS (T.P 025-2266322) and inspect the bidding documents at Accounts Branch/Faculty of Management Studies, Rajarata University of Sri Lanka, Mihintale from 9.00 a.m. to 3.00 p.m. on working days during the period from 13 th July 2020 to 20 th August 2020. 2. Bidding will be conducted through National Competitive Bidding Procedure. 3. To be eligible for the contract award, the successful bidder shall not have been blacklisted and following qualifications should have; I. The bidder should have valid business registration for developing and deploying Web Based Information Systems. II. The bidder should have completed at least 2 contracts with nature and compliance similar to the scope of the suppliers, within the last 03 years from 01/01/2017. 4. A complete set of bidding documents in English can be collected by interested bidders on the submission of a written request to the Assistant Bursar - Faculty of Management Studies, Rajarata University of Sri Lanka, Mihintale between 09.00 a.m. to 3.00 p.m. from Monday to Friday, other than public until 3.00 p.m. on 20 th August 2020. 5. Bidders can also download the softcopy of the bidding document by login into the University web (www.rjt.ac.lk) . 6. Bidders should furnish all detailed information as required in the Bidding documents. 7. This bid carried out in two envelope methods in which bidders are required to submit their technical and financial proposals simultaneously, but in two separate sealed envelopes. At the bid opening, the technical proposal will be opened first and reviewed to determine their response to technical requirements. Financial proposals of technically qualified bidders will be opened subsequently in the presence of the bidders.

Transcript of RAJARATA UNIVERSITY OF SRI LANKA INVITATION FOR BIDS …

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RAJARATA UNIVERSITY OF SRI LANKA

INVITATION FOR BIDS (IFB)

Design and Development of Web Based Information System for the MBA Unit, Faculty of

Management Studies, Rajarata University of Sri Lanka

1. The Chairman, Department Procurement Committee (DPC) is calling for bids from reputed Web Based Information Systems Designing and Development Institutions incorporated in Sri Lanka Under Companies Act No. 7 of 2007, incorporated body by any Act of Sri Lanka or a reputed Government Institution engaged in the developing and deploying Web Based Information Systems for design and development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka- Interested bidders may obtain further information from Assistant Bursar - FMS (T.P 025-2266322) and inspect the bidding documents at Accounts Branch/Faculty of Management Studies, Rajarata University of Sri Lanka, Mihintale from 9.00 a.m. to 3.00 p.m. on working days during the

period from 13th July 2020 to 20th August 2020.

2. Bidding will be conducted through National Competitive Bidding Procedure.

3. To be eligible for the contract award, the successful bidder shall not have been blacklisted and following qualifications should have;

I. The bidder should have valid business registration for developing and deploying Web Based Information Systems.

II. The bidder should have completed at least 2 contracts with nature and compliance similar to the scope of the suppliers, within the last 03 years from 01/01/2017.

4. A complete set of bidding documents in English can be collected by interested bidders on the

submission of a written request to the Assistant Bursar - Faculty of Management Studies,

Rajarata University of Sri Lanka, Mihintale between 09.00 a.m. to 3.00 p.m. from Monday to

Friday, other than public until 3.00 p.m. on 20th August 2020.

5. Bidders can also download the softcopy of the bidding document by login into the University

web (www.rjt.ac.lk) .

6. Bidders should furnish all detailed information as required in the Bidding documents.

7. This bid carried out in two envelope methods in which bidders are required to submit their

technical and financial proposals simultaneously, but in two separate sealed envelopes. At the

bid opening, the technical proposal will be opened first and reviewed to determine their

response to technical requirements. Financial proposals of technically qualified bidders will

be opened subsequently in the presence of the bidders.

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8. Completed bids should be forwarded in two copies marked as the original and the duplicate. The original and duplicate should be enclosed in separate sealed envelopes and re-enclosed in one sealed envelope marked "Design and Development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka” on the top left hand corner. The bids should either be sent by registered post to address below or be deposited in the Tender box, kept at the Assistant Registrar’s Office of the Faculty of Management Studies premises Rajarata University of Sri Lanka, Mihintale.

9. Bids will be closed at 2.00 pm 21st August 2020 and will be opened in the presence of the bidders/bidders' representatives in the Boardroom /Faculty of Management Studies soon after the closing of bids. Late bids will be returned unopened.

10. University will arrange a pre-bid meeting for the prospective bidders on 10th August 2020

at 10.00 a.m. in the Boardroom /Faculty of Management Studies, Rajarata University of Sri

Lanka.

11. The decision of the Department Procurement Committee shall be the final.

Chairman

Department Procurement Committee,

Rajarata University of Sri Lanka

Mihintale

13th July 2020

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SECTION I

INVITATION FOR BIDS

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A. General

1. Scope of Bid

1.1

The Purchaser indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the design and development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka incidental there to as specified in Section V, Schedule of Requirements. The name and identification number of this procurement are specified in the Bidding Data Sheet (BDS). The name, identification, and number of lots (individual contracts), if any, are provided in the BDS.

Payments under this contract will be financed by the Generated Funds

2.Source of Fund

3.Eligible Bidders 3.1 All bidders shall possess legal rights to supply the Goods under this contract.

A Bidder shall not have a conflict of interest. All bidders found to have conflict of interest shall be disqualified. Bidders may be considered to have a conflict of interest with one or more parties in this bidding process, if they:

(a) are or have been associated in the past, with a firm or any of

its affiliates which have been engaged by the Purchaser to

provide consulting services for the preparation of the design,

specifications, and other documents to be used for the

procurement of the goods to be purchased under these

Bidding Documents ; or

(b) submit more than one bid in this bidding process. However,

this does not limit the participation of subcontractors in more

than one bid.

A Bidder that is under a declaration of ineligibility by the National Procurement Agency (NPA), at the date of submission of bids or at the date of contract award, shall be disqualified. The list of debarred firms is available at the website of NPA, www.npa.gov.lk .

3.2

3.3

4.Qualification and experience of the bidder

4.1

If stated in the bidding data, all bidders shall include the following information and documents with their bids in section IV: forms of Bid and qualification information.

(a) List of contracts completed with nature and compliance similar to the scope of the suppliers, within the last 03 years from 01/01/2017.

(b) Experience in contracts of a similar nature for each of the last three years, and details of contracts under way of contractually committed, and details of services under way of contractually committed, and names and address of clients who may be contracted for further information on those contracts. (c) Last five years financial statements;

( c) Work plan and methodology;

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5.Cost of Bidding 5.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser shall not be responsible or liable for those costs.

B.

Bidding Documents

6.Content Bidding Documents

6.1 The set of bidding documents comprises the documents listed below; Invitation for Bid

Section I Invitation to Bidders

Section II Bidding Data

Section III Bidding Forms and Employer's Requirement Section IV Evaluation And Qualification Criteria Section V Contract Data

6.2

The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the bid.

7.Clarification of

7.1

A prospective Bidder requiring any clarification of the bidding

Bidding Documents documents may notify the employer in writing at the Employer's address indicated in the invitation to bid.

8. Amendment of

Bidding Documents 8.1 At any time prior to the deadline for submission of bids, the Purchaser may amend the Bidding Documents by issuing

addendum. 8.2

Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have purchased the Bidding Documents. 8.3

To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB Sub-Clause 23.2

C. Preparation of Bids

9.Language of Bid 9.1 The Bid, as well as all correspondence and documents relating to the Bid (including supporting documents and printed literature) exchanged by the Bidder and the Purchaser, shall be written in English language.

10.Documents Comprising the Bid

10.1 The bid shall comprise the following;

(a) Bid Submission Form and the applicable Price Schedules, in accordance with ITB Clauses 11, 13, and 14; (b) Bid Security or Bid-Securing Declaration, in Section I

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Instructions to Bidders accordance with ITB Clause 17; (c) documentary evidence in accordance with ITB Clauses 26, that the Goods and Related Services conform to the Bidding Documents; (d) documentary evidence establishing the Bidder’s qualifications to perform the contract if its bid is accepted and (e) any other document required in the BDS.

11.Bid Submission Form and Price Schedules

11.1 The Bidder shall submit the Bid Submission Form using the form furnished in Section IV, Bidding Forms. This form must be completed without any alterations to its format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

12.Alternative Bids

12.1

Alternative bids shall not be considered.

13.Bid Prices

13.1

The contract shall be for the services, as described in the Employer’s requirements, Section V, based on the priced Activity Schedule submitted by the bidder.

13.2 The bidder shall fill in the trades and prices for all items of the

services described in the employer's requirements, Section IV and listed in the Activity Schedule, Section III, items for which no rate employer when executed and shall be deemed covered by the other rates and prices in the Activity schedule.

13.3 All duties, taxes and other levies payable by the service provider

under the contractor for any other cause shall be included in the total bid price submitted by the bidder. However VAT shall be included separately.

14. Currency of Bid and payment

14.1 All prices quoted by the bidder shall be in Sri Lankan Rupees.

15.Documents Establishing the Conformity of the Goods and Related Services

15.1

To establish the conformity of the Goods and Related Services to the Bidding Documents, the Bidder shall furnish as part of its Bid the documentary evidence that the Goods conform to the technical specifications and standards specified in Section V, Schedule of Requirements.

15.2

The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description (given in Section V, Technical Specifications) of the essential technical and performance characteristics of the Goods and Related Services, demonstrating substantial responsiveness of the Goods and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Schedule of Requirements.

15.3 The Bidder shall also furnish a list giving full particulars, including quantities, available sources and current prices of spare parts, special tools, etc., necessary for the proper and

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continuing functioning of the Goods during the period if specified in the BDS following commencement of the use of the goods by the Purchaser.

16. Period of Validity of Bids

16.1

Bids shall remain valid until the date specified in the BDS. A bid valid for a shorter date shall be rejected by the Purchaser as non-responsive.

16.2

In exceptional circumstances, prior to the expiration of the bid validity date, the Purchaser may request bidders to extend the

period of validity of their bids. The request and the responses shall be made in writing. If a Bid Security is requested in

accordance with ITB Clause 17, it shall also be extended for a corresponding period.

17.Bid security

17.1

The Bidder shall furnish as part of its bid, a Bid Security or a

Bid-Securing Declaration, as specified in the BDS.

17.2 The Bid Security shall be in the amount specified in the BDS and

denominated in Sri Lanka Rupees, and shall: (a) at the bidder’s option, be in the form of either a bank draft, a

letter of credit, or a bank guarantee from a banking institution;

(b) be issued by a institution acceptable to Purchaser. The acceptable institutes are published in the NPA website,

www.npa.gov.lk. (c) be substantially in accordance with the form included in Section IV, Bidding Forms; (d) be payable promptly upon written demand by the Purchaser in case the conditions listed in ITB Clause 17.5 are invoked;

(e) be submitted in its original form; copies will not be accepted; (f) remain valid for the period specified in the BDS.

17.3 Any bid not accompanied by a substantially responsive Bid

Security or Bid Securing Declaration in accordance with ITB Sub-Clause 12.1 and 12.2, may be rejected by the Purchaser as

17.4

non-responsive.

The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of

17.5 the Performance Security pursuant to ITB Clause 38 .

The Bid Security may be forfeited or the Bid Securing Declaration executed:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Form, except as provided in ITB Sub Clause 16.2; or

(b) if a Bidder does not agreeing to correction of arithmetical errors in pursuant to ITB Sub-Clause 30.3

(c) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB Clause 37; (ii) furnish a Performance Security in accordance with ITB Clause 43.

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18.Format and signing of Bid

18.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB Clause 10 and clearly mark it as “ORIGINAL.” In addition, the Bidder shall submit a copy of the bid and clearly mark it as “COPY.” In the event of any discrepancy between the original and the copy, the original shall prevail.

18.2 The original and the Copy of the bid shall be typed or written in

indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. All pages of the bid where entries or amendments have been made shall be initialed by the person or persons signing the bid.

18.3 Any interlineations, erasures, or overwriting shall be valid only if

they are signed or initialed by the person signing the Bid.

D.

Submission of Bids

19. Sealing and Marking of Bids

19.1

Bidders may always submit their bids by mail or by hand.

(a) Bidders submitting bids by mail or by hand, shall enclose

the original and the copy of the Bid in separate sealed

envelopes, duly marking the envelopes as “ORIGINAL”

and “COPY.” These envelopes containing the original and

the copy shall then be enclosed in one single envelope.

19.2

The inner and outer envelopes shall:

(a) Be addressed to the employer at the address provided in

the Bidding Data. (b) Bear the name and identification number of the contract

as defined in the Bidding Data.

19.2 In addition to the identification required in sub-clause 12.1 the

envelopes shall indicated the name and address of the bidder to enable the bid to return unopened if required.

19.3 If the envelope is not sealed and marked as above, the employer

will assume no responsibility for the misplacement or premature opening of the bid.

20. Deadline for Submission of Bids

20.1 Bids shall be delivered to the employer at the address specified above no later than the time and date specified in the Bidding Data.

21. Late Bids 21.1 The Purchaser shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB Clause 20.Any bid received by the Purchaser after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

22.Withdrawal and Modification of

22.1 A Bidder may withdraw, or modify its Bid after it has been submitted by sending a written notice in accordance with ITB

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Bids

22.2

22.3

Clause 19, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB Sub- Clause18.2, (except that no copies of the withdrawal notice are required). The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be:

(a) submitted in accordance with ITB Clauses 18 and 19

(except that withdrawal notices do not require copies),

and in addition, the respective envelopes shall be clearly

marked “WITHDRAWAL,” or “MODIFICATION;” and

(b) received by the Purchaser prior to the deadline prescribed

for submission of bids, in accordance with ITB Clause 20.

Bids requested to be withdrawn in accordance with ITB Sub- Clause 22.1 shall be returned to the Bidders only upon notification of contract award to the successful bidder in accordance with sub clause 36.1.

No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Submission Form or any extension thereof.

23. Bid Opening 23.1 The Purchaser shall conduct the bid opening in public at the address, date and time specified in the BDS.

23.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid may be opened at the discretion of the Purchaser. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding Bid. No Bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at Bid opening. Only envelopes that are opened and read out at Bid opening shall be considered further. The employer will open envelope marked, ORIGINAL, in the presence of bidders designated representatives who choose attend, at the time, date and location stipulated in the invitation to bid. The bidder’s representatives who are present shall confirm their attendance by signing the attendance sheet.

23.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the Bid Prices, including any discounts and alternative offers; the presence of a Bid Security or Bid Securing Declaration, if required; and any other details as the Purchaser may consider appropriate. Only discounts and alternative offers read out at Bid opening shall be considered for evaluation. No Bid shall be rejected at Bid opening except for late bids, in accordance with

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24. Confidentiality

25. Clarification of Bids

23.4

24.1

24.2

24.3

25.1

ITB Sub Clause 21.1.

The Purchaser shall prepare a record of the Bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, or modification; the Bid Price, per lot if applicable, including any discounts, and the presence or absence of a Bid Security or Bid-Securing Declaration. The bids that were opened shall be resealed in separate envelopes, promptly after the bid opening. The Bidders’ representatives who are present shall be requested to sign the attendance sheet. A copy of the record shall be distributed to all Bidders who submitted bids in time.

E. Evaluation and Comparison of Bids

Information relating to the examination, evaluation, comparison, and post-qualification (if applicable) of bids, and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with such process until publication of the Contract Award.

Any effort by a Bidder to influence the Purchaser in the examination, evaluation, comparison, and post-qualification of the bids or contract award decisions may result in the rejection of its Bid.

Notwithstanding ITB Sub-Clause 24.2, if any Bidder wishes to contact the Purchaser on any matter related to the bidding process, from the time of bid opening to the time of Contract Award, it should do so in writing.

To assist in the examination, evaluation, comparison and post- qualification of the bids, the Purchaser may, at its discretion, request any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Purchaser shall not be considered for purpose of evaluation. The Purchaser’s request for clarification and the response shall be in writing. No change in the prices or substance of the Bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Purchaser in the Evaluation of the bids, in accordance with ITB Clause 27.

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26. Responsiveness of Bids

27. Nonconformitie s, Errors, and Omissions

26.1

26.2

26.3

27.1

27.2

27.3

27.4

The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself.

A substantially responsive Bid is one that conforms to all the terms, conditions, and specifications of the Bidding Documents without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:

(a) affects in any substantial way the scope, quality, or

performance of the Goods and Related Services specified

in the Contract; or

(b) limits in any substantial way, inconsistent with the

Bidding Documents, the Purchaser’s rights or the Bidder’s

obligations under the Contract; or

(c) if rectified would unfairly affect the competitive position

of other bidders presenting substantially responsive bids.

If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.

Provided that a Bid is substantially responsive, the Purchaser may waive any non-conformities or omissions in the Bid that do not constitute a material deviation.

Provided that a bid is substantially responsive, the Purchaser may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may result in the rejection of its Bid.

Provided that the Bid is substantially responsive, the Purchaser shall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the line

item total that is obtained by multiplying the unit price by

the quantity, the unit price shall prevail and the line item

total shall be corrected, unless in the opinion of the

Purchaser there is an obvious misplacement of the

decimal point in the unit price, in which case the line item

total as quoted shall govern and the unit price shall be

corrected;

(b) if there is an error in a total corresponding to the addition

or subtraction of subtotals, the subtotals shall prevail and

the total shall be corrected; and

(c) if there is a discrepancy between words and figures, the

amount in words shall prevail, unless the amount

expressed in words is related to an arithmetic error, in

which case the amount in figures shall prevail subject to

(a) and (b) above.

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If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall be forfeited or its Bid Securing Declaration shall be executed.

28.Preliminary

28.1

The Purchaser shall examine the bids to confirm that all

Examination of Examination of documents and technical documentation Bids requested in ITB Bids Clause 11 has been provided, and to

determine the completeness of each document submitted.

28.2 The Purchaser shall confirm that the following documents and

information have been provided in the Bid. If any of these documents or information is missing, the Bid shall be rejected.

(a) Bid Submission Form, in accordance with Sub-Clause

11.1;

(b) Price Schedules, in accordance with Sub-Clause 11;

29. Examination of Terms and Conditions; Technical Evaluation

29.1

The Purchaser shall examine the Bid to confirm that all terms and conditions specified in the CC and the Contract Data have been accepted by the Bidder without any material deviation or reservation.

29.2

The Purchaser shall evaluate the technical aspects of the Bid submitted in accordance with ITB Clause 15, to confirm that all requirements specified in Section V, Schedule of Requirements of the Bidding Documents have been met without any material deviation or reservation.

29.3

If, after the examination of the terms and conditions and the technical evaluation, the Purchaser determines that the Bid is not substantially responsive in accordance with ITB Clause 26, the Purchaser shall reject the Bid.

30.Evaluation Bids

of 30.1 The Purchaser shall evaluate each bid that has been determined, up to this stage of the evaluation, to be substantially responsive.

30.2 To evaluate a Bid, the Purchaser shall only use all the factors,

methodologies and criteria defined in this ITB Clause 30.

30.3 To evaluate a Bid, the Purchaser shall

consider the following: (a) the Bid Price as quoted in accordance with clause 14;

(b) price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 27.3;

(c) price adjustment due to discounts offered in accordance with ITB Sub-Clause 14.2; and 14.3

(d) adjustments due to the application of the evaluation criteria specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria;

( e) Adjustments due to the preference, in accordance applicable.

application with ITB

of a domestic Clause 34 if

30.4 The Purchaser’s evaluation of a bid may require the

consideration of other factors, in addition to the factors stated in

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ITB Sub-Clause 30.3, if specified in BDS. These factors may be related to the characteristics, performance, and terms and conditions of purchase of the web and related Goods and Services. The effect of the factors selected, if any, shall be expressed in monetary terms to facilitate comparison of bids

31.Comparison of Bid

31.1

The Purchaser shall compare all substantially responsive bids to determine the lowest-evaluated bid, in accordance with ITB

Clause 30.

32.Post qualification of the

32.1 The Purchaser shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated

Bidder and substantially responsive bid is qualified to perform the Contract satisfactorily.

32.2 The determination shall be based upon an examination of the

documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 15.

An affirmative determination shall be a prerequisite for award of 32.3 the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the Purchaser shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform

satisfactorily.

33.Purchaser’s The Purchaser reserves the right to accept or reject any bid, and Right to Accept Any 33.1 to annul the bidding process and reject all bids at any time prior Bid, and to Reject to contract award, without thereby incurring any liability to Any or All Bids Bidders.

F.

Award of Contract

34.Award Criteria

34.1

The Purchaser shall award the Contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.

35. Employer's Right to Accept any Bid and to reject any or all bids.

35.1 Not with standing Clause 20, the Employer reverses the right to accepts or reject any bid, and to cancel the bidding process and reject all bids, at any time prior to the award of contract, without there by incurring any liability to the affected bidder or bidders any obligation to inform the affected bidder or bidders of the grounds for the employer's action.

36. Notification of Award

36.1 The bidder whose bid has been accepted will be notified in writing, of the award by the employer prior to expiration of the bid validity period. This latter (hereinafter and in the conditions of contract called "Letter of acceptance") will state the sum that employer will pay the service provider as prescribed by the conditions of contract (hereinafter and in the conditions of

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"Contract Price") The notification of award will constitute the formation of the contract.

36.2 The contract, in the form provided in the bidding documents, will

incorporate all agreements between the employer and the successful bidder.

37.Signing of Contract

37.1

37.2

Within Fourteen (14) days after notification, the Purchaser shall complete the Agreement, and inform the successful Bidder to sign it.

Within Fourteen (14) days of receipt of such information, the successful Bidder shall sign the Agreement.

38.Performance Security

38.1

If requested in the bidding data, with 14 days after receipt of the Letter of Acceptance, the successful Bidders shall deliver to the Employer a performance security in the amount and in the form (Bank Guarantee and/or Performance Bond) stipulated in the Bidding data, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the General Conditions of Contract.

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Section II

Bidding Data Sheet (BDS)

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Section II. Bidding Data Sheet (BDS)

The following specific data for the Design and development of Web Based Information System to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

ITB Clause A. General

Reference

ITB 1.1

The Purchaser is: Vice Chancellor, Rajarata University of Sri Lanka

ITB 1.1

The name and identification number of the Contract are: “Design and development of Web Based Information System for the MBA Unit, Faculty of Management Studies, Rajarata University of Sri Lanka”

RJT/MBA/SO/2020/01

ITB 2.1

The source of funding is: Generated Funds of FMS

B. Contents of Bidding Documents

ITB 7.1 For Clarification of bid purposes only, the Purchaser’s address is:

Attention: Senior Assistant Bursar/ FMS

Address: Assistant Registrar,Faculty of Management Studies, Rajarata University of Sri Lanka, Mihintale

Telephone: 025 – 2266322

Facsimile number: 025 – 2266322

The pre bid meeting will be held on 10th August 2020 at the Boardroom of the Faculty of Management Studies premises Rajarata University of Sri Lanka, Mihintale. Related annexures and other related documents will be given at the meeting.

C. Preparation of Bids

ITB 11.1 (e) The Bidder shall submit the following additional documents: Eligible bidders must provide the following information and documents along with their bids.

I. Company profile including the status, certificate of registration, memorandum of article, structure and main activities of the institution.

Documents demonstrating capability, familiarity and experience in developing web base information systems Details of major projects completed in the last three years including Letter of awarding, completion certificates.

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ITB 15.1

The bidder shall quote the total expenditure in: Sri Lankan Rupees.

TB 17.3

Period of time the web based information system and related goods and services are expected to be functioning refer the schedule in contract data/ Specification.

ITB 18.1 (b) After sales service is: Required

ITB 19.1 The bid shall be validity until. 18.11.2020

ITB 20.1

(a) Bid shall include a Bid Security (issued by bank or surety) included in Section IV Bidding Forms; or

(b) Bid shall include “Bid Securing Declaration” using the form included in Section IV

Bidding Forms. ]

ITB 20.2

The amount of the Bid Security shall be: Rs.40,000/= The validity period of the bid security shall be until 18th December 2020

D. Submission and Opening of Bids

ITB 22.2 (c) The inner and outer envelopes shall bear the following identification marks:

IFB No: RJT/MBA/SO/2020/01

Design and development of Web Based Information System

ITB 23.1

The bidders can submit their bids by registered post or insert to the tender box kept at the Assistant Registrar’s Office of the Faculty of Management Studies premises Rajarata University of Sri Lanka, Mihintale. Purchaser’s address is:

The Chairman,

F Procurement Committee,

Faculty of Management Studies,

Rajarata University of Sri Lanka, Mihintale

The closing date for the submission of bids is:

Date : 21st August 2020

Time: 2.00 pm

ITB 26.1 The bid opening shall take place at:

Address : Boardroom/Faculty of Management Studies/Rajarata University of Sri Lanka,

Mihintale.

Date : 21st August 2020

Time: 2.00 pm ( soon after closing the bid)

E. Evaluation and Comparison of Bids

ITB 34.1 Domestic preference “shall not” be a bid evaluation factor

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ITB 35.3(d)

The adjustments shall be determined using the following criteria, from amongst those set out

in Section III, Evaluation and Qualification Criteria

(a) Deviation in Delivery schedule

Option 1 is selected and the adjustment is

Option 2 is selected and the adjustment is Rupees

Option 3 is selected and the adjustment is ….% per week

(b) Deviation in payment schedule

(c) the cost of major replacement components, mandatory spare parts, and service

(d) [insert any other specific criteria]

ITB 35.4 The following factors and methodology will be used for evaluation:

ITB 35.5 Bidders “shall not” be allowed to quote for more than one option

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Section III Evaluation and Qualification Criteria Contents

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Section III.

Evaluation and Qualification Criteria Contents

This section complements the instructions to Bidders. It contains the criteria that the Purchaser evaluate a bid and determine whether a Bidder has the required qualifications. No other Criteria shall be used.

1. Evaluation Criteria (ITB 35.3 {d}) – Applicable

2. Evaluation Criteria (ITB 35.4) –Applicable

3. Multiple Contracts (ITB 35.5) – Not Applicable

4. Domestic Preference (ITB 34.1) – Not Applicable

5. Post-qualification Requirements (ITB 37.2) – Applicable

1. Evaluation Criteria (ITB 35.3 (d))

The Purchaser’s evaluation of a bid may take into account, in addition to the Bid Price quoted in accordance with Clause 9 one or more of the following factors using the following criteria and methodologies.

(a) Completion schedule

Option 1: Design, Develop, Install, Test and Maintain a Web Site is required to be completed within the acceptable time range (after the earliest and before the final date, both dates inclusive) specified in Section VI, Completion Schedule. No credit will be given to completions before the earliest date. Within this acceptable period, an adjustment, as specified in BDS Sub-Clause 35.3(d), will be added, for evaluation purposes only, to the bid price of bids offering completions later than the “Earliest Completion Date” specified in Section V, Schedule of requirement.

2. Evaluation Criteria (ITB 35.4)

Bidder’s past experience with the product quoted will be established by contacting the customers in the list whenever it is necessary. Bids without separate lists of customers shall be treated as non-responsive. Bidders who have less than three (03) years’ experience shall be considered at the event of no bidder fulfill the 3 years’ experience.

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3. Multiple Contracts (ITB 35.5)

Bidder shall not be allowed to offer alternative bids and required to submit only one bid that offer the best option.

Technical proposal is evaluated first to determine the substantial responsiveness of the bid if any bid is found to be non-responsive (including not complying with critical functional requirements) will be rejected. The substantial responsive bids may be further evaluated and if required, The Financial Proposal of the bids that are not substantially responsive will not be opened. (Two stage double envelop)

4. Domestic Preference (ITB 34.1) Not Applicable

5. Qualification Requirement (ITB 37.2 ) - Applicable

Bidders must fulfill the following conditions in order to be eligible for bidding.

a) The bidder should not have been blacklisted by an acceptable authority.

b) Bidder must be a company incorporated under the Companies Act No. 7 of 2007 of Sri Lanka

or a reputed Government Institution engaged in the developing and deploying Web based

Information Systems.

c) The bidder have minimum of 03 years’ experience in web development. Should submit a valid

business registration in providing of similar nature solutions.

d) The bidder must have a proven track record in successful establishment of at least three

contracts with nature and compliance similar to the scope of the suppliers, with in last 03

years from 01/01/2017.

e) The bidder must have a qualified development team.

f) The qualified bidder should ready to make a demonstration before an evaluation team if

necessary at bidder’s own cost during the technical evaluation process.

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SECTION IV

Bid Submission Form……………………………………………………………………

Financial Proposal:……………………………………………………………………..

Bid Security (Guarantee)…………………………………………………………………

Bid-Securing Declaration …………………………………………………………………………

Manufacturer’s Authorization……………………………………………………………

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Quotation Submission Form

Date:

To: Vice-Chancellor, Rajarata University of Sri Lanka, Mihintale.

We, the undersigned, declare that:

(a) We have examined and have no reservations to the document issued;

(b) We offer to supply in conformity with the documents issued and in accordance with the Delivery

Schedules specified in the Schedule of Requirements the following Goods/Services

:……………………………….......…………………………………….……………………………………………………………………

………………………………………………

(c) The total price of our quotation including any discounts offered is:

In words: ………………………………………………………………………..

In figures: ………………………………………………………………………

(d) Our quotation shall be valid for the period of time specified in ITB Sub-Clause 19.1, from the date

fixed for the quotation submission deadline in accordance with ITB Sub-Clause 23.1, and it shall

remain binding up on us and may be accepted at any time before the expiration of that period;

(e) We understand that this quotation, together with your written acceptance thereof included in your

notification of award, shall constitute a binding contract between us.

(f) We understand that you are not bound to accept the lowest evaluated quotation or any other

quotation that you may receive.

Signature: ……………………………… Contact No: …………………………

Name of the person signing the bid: …………………………………………………………

Designation: …………………………………………………………………………………..

Name of the Organization: ....................................................................... (Fix the seal)

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Financial Proposal

Financial Proposal is provided separately. The financial proposal should be inserted to a separate sealed

envelope and submit separately with the bid. The bidders will be selected by evaluating the Technical

proposal initially and then open the Financial Proposal at the presence of bidders who have fulfilled the

Technical requirements of the University.

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Bid Guarantee

[this Bank Guarantee form shall be filled in accordance with the instructions indicated in brackets]

--------------- [insert issuing agency’s name, and address of issuing branch or office] ------

Beneficiary:-- Vice Chancellor, Rajarata University of Sri Lanka, Mihinthale

Date:-------- [insert (by issuing agency) date]

BID GUARANTEE No.: ---------- [insert (by issuing agency) number]

We have been informed that --------- [insert (by issuing agency) name of the Bidder; if a

joint venture, list complete legal names of partners] (hereinafter called "the

Bidder") has submitted to you its bid dated [insert (by issuing agency)

date](hereinafter called

"the Bid") for the supply of [insert name of Supplier] under Invitation for Bids No. -------

---- [insert IFB number] (“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 ---------------- [insert name of issuing agency] hereby

irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ---

--------- [insert amount in figures] ----------- [insert amount in words]) 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; or

(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”); or

(c) having been notified of the acceptance of its Bid by the Purchaser 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 shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of

the Contract signed by the Bidder and of the Performance Security issued to you by the Bidder; or (b)

if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a copy of your

notification to the Bidder that the Bidder was unsuccessful, otherwise it will remain in force up to ---

-

-- (insert date)

Consequently, any demand for payment under this Guarantee must be received by us at the office on or before that date.

[signature(s) of authorized representative(s) ]

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Bid-Securing Declaration

[The Bidder shall fill in this form in accordance with the instructions indicated in brackets]

Date: ------------ [insert date by bidder] Contract Name-Design, Develop, Install and Maintain a IUMSS System for Rajarata University of Sri Lanka

*Contract Identification No: XXXXXXXXXXXXXXXX

*Invitation for Bid No.: XXXXXXXXXXXXXXX

*To ----------- Vice Chancellor, Rajarata University of Sri Lanka, Mihinthale

We, the undersigned, declare that:

1. We understand that, according to instructions to bidders (hereinafter “the ITB”), bids must be supported by a bid-securing declaration;

2. We accept that we shall be suspended from being eligible for contract award in any contract where bids have being invited by any of the Procuring Entity as defined in the Procurement Guidelines published by National Procurement Agency of Sri Lanka, for the period of time of three years starting on the latest date set for closing of bids of this bid, if we:

(a) withdraw our Bid during the period of bid validity period specified; or

(b) do not accept the correction of errors in accordance with the Instructions to Bidders

of the Bidding Documents; or

(c) having been notified of the acceptance of our Bid by you, during the period of bid validity,

(i) fail or refuse to execute the Contract Form, if required, or (ii) fail or refuse to furnish the

performance security, in accordance with the ITB.

3. We understand this bid securing shall expire if we are not the successful bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder that the bidder was unsuccessful; or (ii) twenty-eight days after the expiration of our bid.

4. We understand that if we are a JV, the Bid Securing Declaration must be in the name of the JV that

submits the bid. If the JV has not been legally constituted at the time of bidding, the Bid Securing Declaration shall be in the names of all future partners as named in the letter of intent.

Signed [insert signature(s) of authorized representative] In the Capacity of [insert title]

Name [insert printed or typed name]

Duly authorized to sign the bid for and on behalf of [insert authorizing entity]

Dated on [insert day] day of [insert month], [insert year]

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Section V.

Schedule of Requirements

List of Services and Delivery Schedule…………………………………………………….

Employee Requirement……………………………………………………………………

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List of Services and Delivery Schedule

1. Software and Hardware completion and delivery Schedule

Line Description of Quantity Final (Project Site Delivery Date11 Item No. requirement (Nos.) Destination)

Earliest Delivery Date Bidder’s offered Delivery date [to be

provided by the bidder]

1.

Design and Development of Web Based Information

01

Mihintale Faculty of Management Studies MBA Premises

Six month from the date of contract

signing

System

Finalizing the Software Requirement Specification/Blueprint.

1. List of Minimum Requirement

The bidder should indicate the minimum hardware/third party software requirements that

compatible with the system requirements indicated in Schedule 3 of the Schedule of

Requirement.

Line Item No.

Description of Hardware / third party software requirements

Minimum Specification in details (Bidder should offer

detail specifications separately)

Quantity (Nos / license)

Purpose

Note: Hardware/ third party software requirements will be provided by the University as per your request.

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Employee Requirement

A web based System for the MBA Unit of the Faculty of Management Studies, Rajarata University of

Sri Lanka is designed to:

● Automate all the activities and processes of the center ● Easy Tracking

● Data Consolidation

● Report Generation

Key components of this project include:

➢ Hypertext Pro-Processor (PHP) as its core scripting language

➢ MySQL as the database storage

➢ Client scripting languages such as AJAX, JQuery and CSS for other add-on designs and features

The main functionalities of the system are as followings,

● Adding, editing, and deleting data

● User authentication for data access control ● Logs to track user activities

● Filter bar for searching of records ● RTE: Rich Text Editor tool bar (similar to Word document features)

The Web Based Information System scope has to be expanded through 3 main stages:

I. Study and Implementation Stage

II. System Stabilization and User Acceptance Test stage

III. Support and Maintenance Stage

Study and Implementation Stage.

The selected firm will have to study the service process and any existing system architecture. The

firm will come up with System Requirement Specification (SRS) to develop a good system after

consulting with the users/stakeholders. Once the system is developed users will be trained to use

and then the system will be piloted. Justified recommendations will be incorporated into the system

and then final testing will be carried out before implementation of the system and other relevant

solutions.

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System Stabilization and User Acceptance Test stage.

The firm shall complete the following activities for the period of scheduled months after the delivery

sign-off:

● Dedicated On-site support to the MBA Unit with development team still on board.

● Preparation of User Acceptance Testing environments. ● Incorporate all minor and major changes such as changes in database objects and

relationships among the objects, system workflows, core modules if required, and other

necessary and critical changes which impact the overall working functionalities of the

respective sub systems.

● Trainings and workshops wherever necessary as desired by the MBA Unit, Faculty of

Management Studies.

● Support in terms of System stabilization and making Systems acceptable by the Unit for

duration of 6 months from Project delivery sign-off.

● Conduct major addition or updating of the system wherever required by the Unit. ● The contract with the consultant shall not be withdrawn at this phase of the project.

● Meet all requirement through UAT preparation and UAT sign-off. ● Support and recommend best practices Solution.

Support and Maintenance Stage.

After System stabilization and User Acceptance Test sign-off, the consultant shall provide free

Support and Maintenance support for a period of remaining 1 year after the system is officially

launched. The Consultant shall perform all maintenance activities related to the following:

● Trouble shooting at both Applications level and User level.

● Assist the ICT focal person of the center in operation of the Systems.

● Solution up-date such as installation of patches, fixing bugs, minor changes, higher versions

of supported software, etc.

● Prompt attention to the issues raised by MBA Unit.

● Support and Maintenance for 1 years from UAT sign-off.

● Project exit sign-off 1. User types

S# No. Users No. of Users Functionality 1 Director – Year I 01 To check the overall process and authorize

relevant activities 2 Director – Year 2 01 To check the overall process and authorize

relevant activities 3 Academic Coordinator – Year

1 01 Supervise the process and give feedback

4 Academic Coordinator – Year 2

01 Supervise the process and give feedback

5 Project Assistants 02 Feed and Update daily information, generate reports and response

6 Faculty System administrator 01 Overall system administration

7 Deputy Registrar/Senior Assistant Registrar/ Assistant Registrar of the faculty

01 Observation, approvals and coordination

8 Course directors * Relevant course management 9 Dean of the Faculty 01 Checking and approvals

10 Deputy Bursar /Senior Assistant Bursar/ Assistant Bursar - faculty

01 Checking and making recommendations

11 Students of MBA program ** Submit, response, query

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2. System Users

S# No. Users No. of Users

1 Super User 01

2 Content Editors Configurable privileges

* Change according to requirements

**Number of students change Intake wise

3. Detailed scope of work to be covered as part of this Request for Proposal Document:

i) Study the existing procedure of the various stages of work of different activities at the MBA

Unit and document it with AS-IS workflow diagrams and get acceptance of the client.

ii) Apply process re-engineering wherever possible and propose TO-BE workflow diagrams.

Obtain a user acceptance on the TO-BE workflow diagrams from the client.

iii) Prepare Software Requirement Specifications (SRS) or Functional Specifications (FS)

document and Software Design document (SDD) for the computerized web-based system

and submit the same along with workflow diagrams.

iv) On acceptance of the SRS/FS by TCB, design and develop a non-functional prototype (HTML,

CSS based) that is in line with the requirements indicated so that client gets the feel of the

system that is being developed and provide necessary feedback on the frontend aspects.

v) On acceptance of the non-functional prototype by MBA Unit, design and develop an

appropriate system that is in line with the requirements indicated.

4. Assessment of the MBA Unit

● Study thoroughly the unit requirement consulting relevant officers and project assistants in

the unit.

● Conduct unit User requirements and Functional requirements workshops and discussions

to capture the requirements.

● Documentation of all the activities carried out during the assessment has to be completed

and handed over to the unit.

5. System Development and Deployment

● Finalization of Software Requirement Specifications and SRS sign-off based on the

Acceptance.

● Architecture Design for the solution including the Security Level Designs. ● Application development of all the system enhancement requirements.

● Technical testing of all the components.

● Submit the test cases and test plans to the Unit.

● Trial Run of the enhanced system.

● All the Requirement, Design, Configurations and Development methodologies have to be well documented and handed over to Unit.

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● Well commented source codes, database scripts, test scripts, etc. to be handed over to Unit. ● The framework for system development should not be obsolete but it should be current and

progressive.

6. Training and Capacity Building

● Full involvement of at least 2 ICT official to ensure proper transfer of Knowledge in terms of

development know-how and sustainability of IT Systems developed as a part of this

assignment. (for lifecycle of project)

● Training of at least 2 Master Trainers from Unit on the System Operation and functionalities.

(Consultant shall conduct training at the locations chosen by Unit)

● Prepare all the System User Manuals (Both technical and normal user manual) and hand over

to Unit.

7. Timely Completion

● The entire work of software development and testing should be completed within five months from the date of award of work.

● The time period of one month for the firm is only for collecting requirements, and design

the system.

● Adequate training of Master Trainers shall be conducted only after testing and acceptance

of the system by MBA Unit.

● The firm should submit their plan for implementing the system.

8. Security consideration

Password policy

Introduction

Usernames and passwords are utilized in order to access the database. They also protect

student data from unauthorized individuals, both internally (other staff) and

externally (hackers).

Password changes

System should ensure users change their passwords periodically. The Systems Administrator

should select an appropriate time frame for changing passwords.

Minimum password length:

The length of passwords must always be checked automatically at the time that users construct or select them. The system must enforce passwords of at least eight (8)

characters.

Complex passwords required

The system must enforce a password that contains at least:

Lowercase and uppercase letter

Special character (! @#$%^&*)

Number (0–9)

Limit on consecutive unsuccessful attempts to enter a password

The system should be able to prevent password guessing attacks, the number of consecutive

attempts to enter an incorrect password must be three (3) unsuccessful attempts. The

involved user account must be suspended until reset by the Systems Administrator.

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Encryption

Passwords must always be stored in an encrypted format in the database. Developer must

use universally accepted encryption standards that helps protect against the threat of

malicious activity by performing real-time encryption and decryption of the database.

The developer shall also adhere to following security requirements: Information Security which is based on the following elements:

● Confidentiality - ensuring that information is only accessible to those with authorized access.

● Integrity - safeguarding the accuracy and completeness of information and processing

methods.

● Availability - ensuring that authorized users have access to information when required.

● Compliant use - ensuring that the platform meets all legal and contractual obligations. ● Responsible use - ensure appropriate controls are in place to enforce ethical and law-

abiding behaviour, conservation of common resources, and respect for other users within

the system.

● The software should provide audit trails and logs mechanism for content changes performed

by system users.

● Maintain time series data so that certain information is not lost with passage of time and

repeated updating.

● Include up-to-date CAPTCHA program as a remedy to stop spam and other intrusions

wherever required.

● Handle session hijacking and session replay.

● Input validation to prevent attacks such as buffer over -flow, cross-site scripting and SQL Injection.

9. Methodology

The database should be developed as a sub-domain to the University website, www.rjt.ac.lk. It should be done in consultation with the Dean and the relevant staff of the MBA Unit, Faculty of Management

Studies, Rajarata University of Sri Lanka.

10. Consultancy Assignment

● The consultant/firm shall be responsible for Design and development of Web Based

Information System for the MBA Unit, Faculty of Management Studies, Concluding

Observations and recommendations as well as related list of issues.

● The Information System shall be dynamic and web-based as per the specification provided

by the MBA Unit.

● The consultant/firm shall sign a non-disclosure agreement and maintain strict confidentiality

on any information accessed from the system or provided by MBA Unit. This condition shall

apply even after the end of the contract.

● The consultant firm shall make timely presentations of the system to the MBA Unit during the

development process so that the final product is acceptable to the MBA Unit.

● The consultant/firm shall install the system and provide training with demonstration on the

functionality of the system to the MBA Unit for final approval.

● The consultant/firm shall provide a minimum of 1-year encrypted back-up service from the

date of delivery of the system to the MBA Unit.

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11. Proposal Evaluation Criteria

The Technical evaluation committee of the University will evaluate the proposals and select a consulting firm based on the combination of the following factors:

A. Qualification and Experience

• Track record of successful completion of past assignments. • Financial bids.

• Willingness and flexibility to work within the required deadline. B. Price and Payment

• Unless otherwise stated, prices are exclusive of all payable taxes.

• 20 percent of the full payment can be released to initiate the development process.

• Full payment shall be made after the installation of the approved final database on the office server/computer per the contract agreement.

12. Ownership of Source Code

The developer is required to hand over the final product by the announced date. The final

product(one off/subscription based); all source code, intellectual property, documentation and all

items specific to this product will be under the client’s exclusive ownership.

13. Legal responsibility

● In case of any error or omission in the contracted work, it shall be the responsibility of the

service provider to carry out the services to the satisfaction of the client.

● The Consultant tasked with the development of the information system shall be responsible

for; designing the system, ensuring accurate and consistent inputting of data received,

developing operating manuals on how to use the system and training the staff members

including project assistants of the MBA Unit on the use of the system. The Consultant should

be fluent in both English and Sinhala, as inputting of data will take place in both languages.

● Quotations are not binding on MBA Unit and a contract will only come into being when a

written confirmation of the work order is issued.

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Section VI. Conditions of Contract

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Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the meanings hereby assigned to them:

(a) “Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to there in, including all attachments, appendices and all documents incorporated by reference therein.

(b) “Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto.

(c) “Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, subject to such additions and adjustments thereto or deductions therefore, as may be made pursuant to the Contract.

(d) “Day” means calendar day.

(e) “Completion” means the fulfillment of the Design, Develop, Test, Install and provide Training for Intergraded University Management Software Solutions System (IUMSS) and supply and installation of related Goods to the destinations specified and completion of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract.

(f) “CC” means the Conditions of Contract.

(g) “Goods” means Web Site that the Supplier is required to supply to the Purchaser under the Contract.

(h) “Purchaser” means the entity purchasing the web site and related Goods and Related Services, as specified in the Contract Data.

(i) “Related Services” means the services incidental to the Design, Develop, Test and Install Web site installation, training and initial maintenance and other such obligations of the Supplier under the Contract.

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2. Contract

2.1

Subject to the order of precedence set forth in the Contract

Documents Agreement, all documents forming the Contract (and all

parts thereof) are intended to be correlative,

complementary, and mutually explanatory. The Contract

agreement shall be read as a whole.

3. Interpretation 3.1 If the context so requires it, singular means plural and vice versa.

3.2 Entire Agreement

The Contract constitutes the entire agreement between the Purchaser and the Supplier and supersedes all communications, negotiations and agreements (whether written or oral) of the parties with respect thereto made prior to the date of Contract.

3.3 Amendment

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

3.4 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.

4. Language 4.1 The Contract as well as all correspondence and documents relating to the Contract exchanged by the Supplier and the Purchaser, shall be written in English language. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of interpretation of the Contract, this translation shall govern.

4.2 The Supplier shall bear all costs of translation to the governing language

and all risks of the accuracy of such translation, for documents provided by the Supplier.

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4. Eligibility 5.1 Website implemented under this contract shall be complied with applicable standards stipulated by the Authorities in the web development industry Sri Lanka and internationally.

6. Notices 6.1 Any notice given by one party to the other pursuant to the Contract shall be in writing to the address specified in the Contract Data. The term “in writing” means communicated in written form with proof of receipt

6.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

7. Governing

Law 7.1 The Contract shall be governed by and interpreted in Law accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

8. Scope of

Supply 8.1 The system and Related Services to be supplied shall be as specified in the Schedule of Requirements.

9. Delivery and Documents

9.1 Subject to CC Sub-Clause 32.1, the Delivery of the system Documents and Completion of the Related Services shall be in accordance with the Delivery and Completion Schedule specified in the Schedule of Requirements.

10. Assignment 10.1 Neither the Purchaser nor the Supplier shall assign, in Whole or in part, their obligations under this Contract, except with prior written consent of the other party.

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Section V

Contract Data

The following Contract Data shall supplement and / or amend the Conditions of Contract (CC). Whenever there is a conflict, the provisions herein shall prevail over those in the CC.

CC1.1(i) The Purchaser is: Vice Chancellor, Rajarata University of Sri Lanka

CC1.1 (m) The Project Site(s)/Final Destination (s) is : Mihintale Faculty of Management Studies Premises

CC 8.1 For notices, the Purchaser’s address shall be: Attention : Assistant Bursar/ Faculty of Management Studies Address: Rajarata University of Sri Lanka, Mihintale. Telephone : 025 – 2266322 Facsimile number : 025 – 2266322

CC 15.1 CC 15.1 – The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:

The supplier shall invoice to the University for any sums due under the agreement and upon such invoice being certified as being correct by a committee appointed by the University for the purpose of this contract, University shall make such payment to the bidder within the period stipulated under the agreement subject to any deductions that the University shall be entitled to make under the agreement. Payment will be made according to the following methods by deducting 10% from the amount certified by the Committee. After the signing of agreement 20% of advance could be paid on Advance Payment Guarantee on the request of contractor. This advance will be fully recovered from subsequent payments before complete 90% of the full payment certified by the Committee. Payments method as follows At the completion, Installation and Testing of modules 20% At the completion of Module Integration, Training and User Acceptance and Testing 50%

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Balance 10% retained as retention until expiration of the defect liability period (i) Defect Liability period :01Year(one year) from the date of acceptance

CC 17.1 A Performance Security :10% of the initial contract value, Performance security should be valid for up to the date of expiration of the defect liability period and to be extended until the completion of the Contract and commission period

CC 23.1 In addition to the 23.1 in Condition of Contract following is applicable regarding the insurance. For as long as the Agreement remains in force and for a period of one year after its termination, the bidder agrees at its cost to maintain Errors and Omissions an amount covering any loss or damage.

CC 25.1 The inspections and tests shall be required.

CC 25.2 The inspections and tests shall be conducted at the site.

CC 26.1 The liquidated damage shall 0.5% per week

CC 26.2 The maximum amount of liquidated damages shall 10% of the contract

value. CC 27.1 Bid Security shall be submit in the following basis

No. Project Amount of

Bid Security

(Rs.)

Obtaining Authority

Valid Up to

01. Design and Development of

Web Based Information

System for the MBA Unit, Faculty

of Management Studies, Rajarata University of Sri

Lanka

40,000.00 From a Commercial

Bank accepted by CBSL/cash

18th December 2020