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GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
REQUEST FOR PROPOSALS (RFP)
GPS VEHICLE TRACKING AND FLEET
MANAGEMENT SYSTEM
FOR
MINSTRY OF PUBLIC WORKS
Department of Telecommunication Systems
December
2014
Page 1 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
November 28, 2014
All Bidders
LETTER OF INVITATION
RE:
Request for Proposals for the provision of a GPS Vehicle Tracking and Fleet
Management system.
Tenders are invited from contractors/firms who are fully experienced and qualified in GPS
Vehicle Tracking and Fleet Management implementation and maintenance for a contract
period of three (3) years. This system will be used to monitor real time and historical
positions of the Ministry’s vehicles.
You are formally invited to submit a response to the tender for the provision of a GPS
Vehicle and Fleet Management System. The procurement comprises of GPS Vehicle and
Fleet Management System as outlined in the Statement of Requirement and
Specifications (Exhibit B). It is the bidder’s responsibilities to read the entire tender and
comply with all requirements herein.
The successful bidder will be selected on the bases of the ‘lowest priced technically
compliant offer’ evaluation methodology, including delivery terms, and any other
requirements stated herein.
The Tender package will be available for collection from the Ministry of Public Works
reception area ground floor Global House, 43 Church Street, Hamilton or online through
www.gov.bm under the Procurement Notice tab after 9:00am Friday December 12, 2014.
This Initiation includes copies of the following;
 Letter of Invitation
 Instructions to Bidders;
 Exhibit A
Proposal Forms
 Exhibit B
Statement of Requirement and Specifications.
 Attachments
Please complete and return your proposal with related documents (duly signed) in a
sealed envelope to the Ministry of Public Works, Department of Telecommunication
Systems office located at Ground floor Global House, 43 Church Street, by 4:00 p.m. AST.
January 23, 2015. The outer envelopes must be clearly marked “RFP for provision of
GPS Vehicle Tracking and Fleet Management System”.
Page 2 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
It is the responsibility of each proponent to ensure that its proposal is received at the
below noted location on or before the closing time. Late tender submission will not be
accepted.
Additional information can be obtained by emailing the Department of Telecommunication
System, Mr. Edwin Neverson at [email protected]
Sincerely, Edwin Neverson
Manager Telecommunication Systems
Page 3 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
REQUEST FOR PROPOSALS
SPECIFICATIONS FOR:
GPS Vehicle Tracking and Fleet
Management Software Systems
DUE DATE:
4:00 P.M on January 23, 2015
CONTRACT PERIOD:
The contract period shall be a term of three (3)
years.
SUBMIT PROPOSALS BEFORE
PROPOSAL OPENING TIME TO:
Tender Box located at the reception of
Ministry of Public Works
Ground Floor
Global House Building
43 Church Street
Hamilton, Bermuda
DEPARTMENT CONTACT
NAME & EMAIL:
Mr. Edwin Neverson at [email protected]
STANDARD TERM
AND CONDITIONS:
Enclosed herein the Request for Proposals
SPECIAL TERMS:
AND CONDITIONS:
PERIOD OF VALIDTY OF TENDER
The successful vendor shall be required to sign a
Government of Bermuda, Ministry of Public
Works standard contract (see Exhibit A)
the vendor shall abide by this Tender for a period
of One hundred and twenty (120) calendar days
from the deadline for receipt of proposal.
NOTE:
Please send a reply stating a "no proposal" response, if your company pick up a RFP package
but will not be bidding on this RFP.
Page 4 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
Table of Contents
LETTER OF INVITATION ............................................................................................................... 2
GENERAL CONDITIONS AND REQUIREMENTS ......................................................................... 6
1.0
GENERAL INTENT OF THE REQUEST FOR PROPOSAL ................................................. 6
2.0
BACKGROUND ................................................................................................................... 7
3.0
SCOPE OF WORK .............................................................................................................. 8
4.0
PROPOSAL CONTENT ....................................................................................................... 8
5.0
CONDITIONS FOR PROPOSAL SUBMITTAL .................................................................... 12
6.0
PROPOSAL EVALUATION ................................................................................................ 14
7.0
MISCELLANEOUS PROVISIONS ...................................................................................... 19
EXHIBIT “A” PROPOSAL FORM .............................................................................................. 22
EXHIBIT “B” STATEMENT OF REQUIREMENT AND SPECIFICATIONS ............................... 23
ATTACHMENT “A” REFERENCES ............................................................................................ 27
ATTACHMENT “B’ SUPPLIER FACT SHEET ............................................................................ 28
ATTACHMENT “C” CERTIFICATE OF CONFIRMATION OF NON-COLLUSION ...................... 29
ATTACHMENT “D” EVALUATION MATRIX ............................................................................... 30
ATTACHMENT “E” SAMPLE (DRAFT) CONTRACT .................................................................. 31
Page 5 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
GENERAL CONDITIONS AND REQUIREMENTS
INSTRUCTIONS TO BIDDERS
1.0
GENERAL INTENT OF THE REQUEST FOR PROPOSAL
1.1
This request for proposals (RFP) outlines the nature and scope for GPS vehicle
tracking and fleet management systems for Ministry of Public Works (hereafter
known as “Ministry”.)
1.2
Vendors interested in responding to this request for proposal (RFP) may
respond to “GPS Vehicle Tracking and Fleet Management system”. The
Ministry may enter into one agreement for both services or two separate
agreements for each service individually depending on proposals.
1.3
The specifications herein are intended to convey the minimum requirements as
developed by the Ministry. The prospective contractor must meet the minimum
requirements. In addition, the contractor is encouraged to offer items which (in
the prospective contractor’s expert opinion) are deemed necessary or
desirable for such GPS vehicle tracking and Fleet Management system.
Prospective contractors shall propose certain models that it believes will best
meet the Ministry’s needs
1.4
No Government official, deputy, clerk or employee may be directly or indirectly
interested in any contract or business in which the Government is a party and
no public officer may have a personal financial interest in a contract, or benefit
financially from a Government contract.
1.5
Thus any vendor or vendor with principals, spouses of principals, or any other
stakeholders who are also employed by Government, shall be deemed not
eligible to submit proposals on this project. The Government reserves the
right to disqualify any proposal that it determines does not comply with the law,
policies of the Government or creates a conflict, or the appearance of a
conflict, of interest for the Government.
1.6
Review/Selection Schedule
The following selection schedule has been established:
Distribution of RFP
December 12, 2014
Pre-proposal Meeting if required
December 19, 2014
Deadline for written questions
January 5, 2015
Response to written questions
January 9, 2015
Proposal Due
January 23, 2015
Page 6 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
2.0
Proposal Evaluation
Due date through mid-February.
Oral Presentations as Requested
Tentatively third week of February.
Recommendation of Vendor
Tentatively end of February 2015.
BACKGROUND
The Government fleet consists of approximately 400 vehicles and equipment that
includes pool vehicles, sedans, pickups, one-ton trucks, tractors, skid steers, road
graders, transit buses, single- and tandem-axle dump/plow trucks, law enforcement and
emergency response vehicles, and emergency management mobile command trailers.
The Ministry’s fleet is serviced by full-time mechanics out of a central garage.
The purpose of Ministry’s Fleet Management is to provide individual departments and
their employees with vehicles and equipment that meet the highest possible safety
standards in the most cost- effective, efficient, reliable, and environmentally friendly
manner. This includes fleet planning and coordinating, acquisition and disposal,
preventive maintenance, fuel, repairs, and parts inventory.
The Government is continually seeking opportunities to work with other local
Government entities for efficient, effective delivery of services. The software systems
for both GPS vehicle tracking and fleet management system should have the ability to
provide multiple tenancies to allow other government entities i.e. other departments to
collaborate with this effort should it be determined in the future.
2.1
Global Position System (GPS) Tracking Vehicle
In addition to providing basic vehicle location both real time and historical the system must
be modular or expandable to permit the addition of intelligent modules as needed that will
integrate with the GPS transmitter module to assist the ministry in collecting the following.


Load cells that will provide the ability to monitor payload of a vehicle.
Record mpg, break wear, engine warnings devices and many other selected items.
The Fleet Management Software should analyze all of the information to effectively and
efficiently manage a fleet. They can assist in calculations for capital replacement, they
track and warn the Fleet Manager of preventive maintenance requirements, track
warranty information, fuel usage, mileage, physical assets and downtime, it should flag
high cost vehicles, and prepare a multitude of useful reporting information for the fleet
operation, budgetary planning, and audit requirements and to assist with the following



Vehicle replacement schedule for Ministry’s fleet.
Advancing new approaches to preventative maintenance and “greening” the fleet
Maximizing the way the Ministry shares its resources to other Ministries and
Department.
Page 7 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
3.0
SCOPE OF WORK
Ministry is accepting proposals for the purchase of software and hardware for a GPS
vehicle tracking and fleet management system capable of storing, managing and
providing management reports on all information pertaining to vehicular and maintenance
equipment assets
The purpose of this Request for Proposal (RFP) is to secure bids to provide Ministry with
tools to assist management and staff in maintaining and managing assets as efficiently
and cost effectively as possible. Through improved information management and
process examination, Fleet Services will improve customer service, repairs and
maintenance services, and increase staff efficiency and productivity. Complete, real time,
easily accessible data will enhance staff and management ability to maximize availability,
usage and cost effectiveness of the Ministry’s fleet investments. See Exhibit B.
4.0
PROPOSAL CONTENT
NOTE:
4.1
It is to our mutual advantage for a vendor's proposals to be as thorough
and detailed as possible so that the Ministry may properly evaluate
capabilities to provide the required services. Any additional information,
services, or refinement of work efforts that will assist in the completion of
this initiative can be added to any submittal.
Desired qualifications
The desired qualifications for prospective contractors responding to this RFP are as
follows:
1. Prospective contractor must provide a detailed history of their company and/or its
partners’ experience in designing, installing and maintaining GPS vehicle tracking and
fleet management systems. The experience must be provided in the company profile.
2. Prospective contractors that are official manufacturer’s representatives for the software
and hardware being proposed, and are authorized installation and maintenance
providers, must provide letter from manufacturer or manufacturer’s website that confirms
stated authorization.
3. If a prospective contractor intends to have services provided by partners and/or
subcontractors, it will be mandatory for the prospective contractor submitting the
Proposal to act as the prime contractor for all service delivery as specified in this RFP.
The prospective contractor must provide sufficient information and data with respect to
each subcontractor to demonstrate that it also has the requisite experience to perform
the function assigned by the prospective contractor.
4. It is the prospective contractors’ responsibility to ensure that an official of each proposed
subcontractor signs a statement to the effect that the subcontractor has read and will
agree to the terms of any negotiated contract resulting from this solicitation.
Subcontractor’s agreement shall be include as a part of the final executed contract.
Page 8 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
5. Submit three customer references. Reference information must be provided using
Attachment A – Vendor references. In the event the proposal is a joint venture, the
references must all be for the joint venture
Proposals must include the following information of the prospective contractors and each
Proposed subcontractor.
4.2
Response documents/Submission of requirements
In order to expedite the evaluation process, each proposal shall be organized in
accordance with this section. Proposals that do not follow the specified format outlined
below, or fail to provide the required documentation, may receive lower scores. In the event
of any conflict between any of the proposal documents or thereof it shall be in the Ministry’
sole discretion to resolve. Proposals shall include the following information in the format
indicated:
Cover Letter – Include a transmittal letter identifying the prospective contractor’s firm and
the proposal package being submitted. Include other important general information that is
deemed significant enough to be highlighted. The letter shall provide the name, title,
address, telephone number and fax number of the individual authorized to contractually
bind the firm and be signed by the authorized individual.
Executive Summary – Include a summary containing highlights of the proposal, describing
how the prospective contractor will meet the requirements of the RFP. Include the
proposed approach to providing the services described in this RFP and a statement of the
prospective contractor‘s understanding of the project and services required.
Table of Contents – A table of contents shall be provided that identifies the page numbers
where the various sections included in the proposal can be found.
4.3
Required Information
The proposal should consist of the following information in the outline indicated.
4.3.1
General Information (See Attachment B – Supplier fact sheet)
1.
2.
3.
4.
5.
6.
7.
Company Name Address Telephone Number Fax Number
E-mail Address
Name of Single Point of Contact
Name of person with binding authority to enter into contracts
Principals of the company
Payroll Tax Number________________________________
Social Insurance Number____________________________
Page 9 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
4.3.2
Background
Provide a history of your company and the proposed system (s)
4.3.3
Personnel
Describe the professional staff available for development, training, implementation, and
support services. Include their qualifications and experience.
Describe special staffing resources available in the areas of overall fleet management,
equipment, maintenance, training and other management tasks.
4.3.4
Qualifications Statement
Describe general characteristics that differentiate your company from others in the industry.
Include any special advantages your services and system provides. Describe how they
support decision-making, streamlining tasks, and error reduction to support more
productive fleet personnel.
4.3.5
Customer Base
Describe your installed base of customers and provide a complete customer list.
4.3.6
Examples of Related Work Experience/References
Provide a list of three (3) sites similar to Ministry where software, hardware, and services
are currently utilized, with preference to those in relatively close proximity to our location.
Include contact information as describe in “Attachment A”.
a) Statement whether the prospective contractor or any other entity that has a direct or
indirect controlling interest in the prospective contractor or any subsidiary corporation or
other entity has:
1. Filed for bankruptcy or reorganization in the past five (5) years
2. Been suspended or barred from bidding on government contracts.
3. Had any contracts terminated either voluntarily or involuntarily within the past (5)
years
b) Provide two (2) bank references with the correspondent names, addresses, phone
numbers and email addresses
4.3.7
General Characteristics of Product and Services
1. Describe the proposed system architecture and language in which it is written to
include installation and deployment options.
2. Describe the fundamental design of the software application to include the database
Page 10 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
structure, connectivity and the method of data entry/user interface.
3. Describe your implementation services, with particular emphasis on planning,
conversion, process change management, ongoing support, and training. Provide a
sample incremental plan including an onsite pre- installation agenda.
4. Identify issues and challenges Ministry should anticipate in this implementation and
indicate how they are resolved using your system and services
5. Describe the types of documentation your company provides with the system.
6. Describe any forms and how they are updated and distributed. Specify which
documentation and updates are included as a part of support services.
7. Describe any technical support services and each associated cost. If there are
different levels of support services, please describe each level and list the services
included.
4.3.8
1.
2.
3.
4.
5.
Provide a complete and detailed process customers would follow in the following
situations:
Reporting a problem with the software.
Implementation costs ( inclusive of fees for professional services)
Training costs
Applicable hardware costs for requirements as described in Exhibit B.
Ongoing maintenance and licensing fees.
6. Hosting fees if required.
7. Third party vendor fees.
8. Describe system administration, to include setup and maintenance, reports, data export,
disaster recovery and data back-up.
4.3.9
Cost Proposal for turnkey solution to include:
1. Initial software and hardware cost basic GPS deployment.
2. Initial software and hardware cost for basic GPS service with fleet management.
3. Initial hardware and software cost for basic GPS service, fleet management with advance
real-time monitoring of advance options per exhibit B.
4. Cost to add advance real time monitoring per exhibit B to both options 1 and 2 in phases.
5. Option for Government personnel to install monitoring equipment on the vehicle.
6. Cost (one of or recurring) to train Government personnel to install the monitoring equipment.
7. Cost per vehicle for monitoring equipment to be installed by vendor.
8. Total monthly or annual fees for hardware, software (license/maintenance per vehicle for
options 1, 2 and 3.
9. Any additional monthly/annual fees for hosting or third party vendors.
10. Vendors must include in cost proposals overall architectural diagrams with all required
devices, accessories, peripherals, include any cost for third party vendors and professional
services.
11. Vendors must complete a separate cost proposal for each option listed above.
Page 11 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
Attachments – The following documents must be completed and submitted with your proposal.
Proposals that do not include the following documents shall be deemed non-responsive and will
not be considered:
Attachment A References
Attachment B Certificate of Non-Collusion (duly signed)
4.4
Specifications Checklist
Please respond fully to each item in Exhibit B Omissions and/or incomplete answers will be
deemed non-responsive.
Response key for Exhibit B is as follows:
Y
Yes; the system currently meets this requirement and is included with the
standard program at no additional cost.
AO
Add on; yes the system currently meets this requirement with an add-on module
that is fully integrated. Provide a description and cost in the comments section.
UD
Under Development; provide a description, anticipated release date, and projected
cost if possible.
M
Modification necessary to meet this specification or the system provided this
functionality in a different way. Provide a description and any additional costs in
the comments section.
CS
Customized Services; this can be accomplished through customized services.
Please provide a not-to-exceeds cost in the comments section.
N
No; system does not meet and has no plans to meet this requirement.
5.0
CONDITIONS FOR PROPOSAL SUBMITTAL
5.1
Proposal Format
a)
b)
c)
d)
e)
Submit one original and three (3) copies of the proposal. The cover or title page of
each proposal should be clearly marked: “GPS Vehicle Tracking and Fleet
Management Systems”. In addition, include an electronic copy of your proposal on
a CD or DVD, in Adobe™ Acrobat format.
All proposals shall be submitted as hard copy bound documents. The original hard
copy version of the proposal will be considered the official proposal submission.
All pages shall be sequentially numbered and a table of contents shall be provided.
The font size on each page shall be 11 point Times New Roman font.
The pages shall be double sided and double-spaced.
Page 12 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
f)
g)
5.2
The proposal should be submitted on 8-1/2" x 11" soft bound sheets.
Late proposals shall be rejected and returned to the prospective contractor. The
deadline is absolute and proposals received after the due date and time shall not be
considered. Prospective contractors must select a method of delivery that ensures
proposals will be delivered to the correct location by the due date and time.
Questions and Clarifications
Vendors are asked to submit questions related to this RFP requirements and contents
of proposal in writing by 4:00 p.m. January 5, 2015. Questions may be emailed to
Edwin Neverson [email protected] . Written responses to all questions received
will be furnished through an addendum to all vendors by January 9, 2015 by 4:30
p.m. written addendum to the RFP addressing questions will be posted on the Ministry
website at www.gov.bm., Procurement Notice site.
No oral questions will be entertained prior to or after the deadline for written questions
specified above.
Vendors are cautioned not to contact any Ministry staff directly. Evidence of such
contact may be cause for rejection of proposal.
5.3
Proposal Submission/Deadline
Vendors are required to submit four copies of their proposal (one (1) original and four (3)
copies) by January 23, 2015 to the follow address:
Ministry of Public Works
Ground Floor Global House
43, Church Street Hamilton
Late proposals will not be accepted and will be returned to the Vendor unopened.
Proposals must be endorsed with the signature of a responsible official having the authority
to bind the offer or to the execution of the proposal.
Each proposal must be submitted in a sealed envelope prominently marked on the lower
left side as follows:
“GPS Vehicle Tracking and Fleet Management Systems”
PROPOSAL DUE DATE: no later than January 23rd, 2015 at 4:00pm.
DO NOT OPEN BEFORE PROPOSAL DUE DATE AND TIME
Failure to do so may result in a premature opening of, post-opening of, or failure to open that
proposal. Facsimile, oral, or telephone proposals are invalid and will not receive
consideration.
Page 13 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
5.4
Retention of Proposals
Upon submission, all proposals become the property of Ministry, which has the right to use
any ideas presented in any proposal submitted in response to this RFP, whether or not the
proposal is accepted.
6.0
PROPOSAL EVALUATION
6.1
Evaluation Procedures
1. It is the intent of the Ministry to review all proposals and judge the merit of those
proposals in accordance with the general criteria outlined in Criteria for Evaluation in
this request. The Fleet Management Team will select a vendor which will result in an
award and contract to provide the Ministry with a GPS Vehicle Tracking and Fleet
Management System.
2. Failure of the vendor to provide in the proposal any information requested in this RFP
may result in disqualification of that proposal.
6.1.1
Determination of Responsiveness
1. Prior to the detailed evaluation of Proposals, the Ministry will determine
whether each Proposal is substantially responsive to the requirements of the
Proposal documents.
2. For the purpose of this clause, a substantially responsive proposal is one which
conforms to all the terms, conditions and specifications of the proposal documents
without material deviation or reservation. A material deviation or reservation is
one which affects in any substantial way the scope, quality, or performance of the
Works, or which limits in any substantial way, inconsistent with the tendering
documents, the Ministry’s rights or the Bidder’s obligations under the Contract,
and the rectification of which deviation or reservation would affect unfairly the
competitive position of other Bidders presenting substantially responsive
Proposals.
3. If the Proposal is not substantially responsive to the requirements of the Proposal
documents, the Ministry reserve the right to request further information to make
the Proposal fully responsive.
6.1.2. Correction of Errors
1.
Proposals determined to be substantially responsive will be checked by the
Ministry for any arithmetic errors in computation and summations.
Errors will be corrected by the Ministry as follows:
2. Where there is a discrepancy between amounts in figures and in words, the
amount in words will govern.
3. Where there is a discrepancy between the individual lump sums and the total
Amount derived from the sum of the individual lump sums, the individual lump
Sums as quoted will govern and the total amount will be corrected.
Page 14 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
4. The amount stated in the proposal will be adjusted by the Ministry in accordance with
the above procedure for the correction of errors and with the concurrence of Bidder
shall be considered as binding upon the Bidder. If the Bidder does not accept the
corrected amount of the Proposal the Proposal will be rejected.
6.2
Written Clarifications of Proposals
To assist in the examination, evaluation and comparison of Proposals, the Ministry
may ask Bidders for clarification of their Proposals. The request for clarification and
the response shall be in writing, but no change in the price or substance of the
Proposal shall be sought, offered or permitted as except as required to confirm the
Correction of the arithmetic errors discovered by the Departments during the
Evaluation of the Proposals.
6.3
Criteria for Evaluation
The decision on selecting a vendor for this RPF will be based on the following criteria:
Service Experience
1.
Experience of Vendor
2.
Vendor Depth
3.
Similar Type Services
4.
Similar Size Services
5.
Vendor Stability
Ability/Compatibility
1.
Understanding and Knowledge of GPS Vehicle tracking and fleet
management systems
2.
Team Relationship/Program Involvement
3.
Response to specifications Exhibit B
Creativity/Approach
1.
Interest/Commitment
2.
User Friendly
3.
Overall approach to implementation plan and strategy
Cost (Pricing
1.
Initial software costs for requirements as described in Exhibit B
2.
Implementation costs (including fees for professional services)
3.
Training costs
4.
Applicable hardware costs for requirements as described in Exhibit B/
5.
Ongoing maintenance and licensing fees
6.
Hosting fee if hosting required
Page 15 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
7.
6.4
6.5
Third party vendor fees
Proposal Responsiveness (Pass/Fail):
1.
Required documentation: Proposals will be reviewed to determine if all required
documentation was included with proposal submittal as described in Section 6.3.
2.
Proposals that fail to contain the required documents with their technical and cost
proposals will be disqualified from further consideration.
Proposal Review and Evaluation (Phase 1)
The proposals will be evaluated against the general criteria and weighted scores will be
applied as described in Section 6.7.
The Ministry may seek written clarification from any or all prospective contractors in order
to better understand and evaluate the proposed solution. This process may not be used as
an opportunity to submit missing documentation or to make substantive revisions to the
original proposal
6.6
Presentations/Oral Interviews (Phase 2)
1.
Vendors may be required to give an oral presentation of their proposal to the Ministry
Fleet Management Team. This will provide an opportunity for the vendor to clarify or
elaborate on specifics within their proposal.
Finalists (proposals determined to have scored in the competitive range) may be invited to
present oral presentations for the purpose of introducing key members of the evaluation
team, and allowing the Ministry to fully understand the prospective contractor’s ability to
meet the evaluation criteria.
6.7.
a)
Oral presentations will not be scored separately. Instead the Ministry may modify
proposal scores and resulting rankings based on the oral presentation.
b)
The department contact identified in the proposal must be the lead presenter in the
oral presentation.
Proposal Evaluation Criteria Matrix and Weighting Criteria
The final award recommendation will be based on the highest scoring proposal as determined by
total points and rank using criteria and weights as stated above.
Page 16 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
Summary of Technical Proposal
Evaluation form
1
2
3
4
6
5
6
Service Experience
Ability/Compatibility
Creativity/Approach
Environmental, Health and
Safety Plan, Records to be
included
Cost ( Pricing)
Bidder has no outstanding
Government debt
Bidder is in stable financial
condition
Total
Score
Weigh
t
20%
20%
15%
10%
Points
Obtainabl
e
200
200
150
100
25%
5%
250
50
5%
50
Company/Other Entity
A
B
C
D
E
1000
The obtainable number of points specified for each evaluation criteria indicated the relative
significance or weighting of the item in the overall evaluation process. The Ministry shall award
the contract to the qualified proponent with the highest score based on the evaluation criteria
indicated.
6.8
Rejection of Proposals
Ministry reserves the right to reject any (or all) proposal(s) based on the evaluation criteria
contained in this RFP. The Ministry also reserves the right to cancel or amend this RFP at
any time. Any changes in the status of the RFP will be brought to the attention of all parties
that have received the same
6.9
Protest procedures
If an unsuccessful prospective contractor wants to dispute the award recommendation, the
protest must be submitted in writing to the Head of Telecommunication System no later
than ten calendar days after announcement of the successful prospective contractor,
detailing the grounds and providing all supporting information. Failure to submit a timely
written protest to the Head of Telecommunication System will bar consideration of the
protest.
Page 17 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
The address for submitting protests is:
Ministry of Public Works
Ground Floor Global House
43, Church Street Hamilton
6.10
Method of Award
The Ministry considers the subject matter of this proposal to be a professional service.
1. The Ministry will award the contract to the bidder whose proposal has been
determined to be substantially responsive to the tender documents and who,
in the opinion of the Ministry, has offered the best proposal taking into
consideration the price, the contractor’s capability and available resources to
carry out the contract effectively and the contractor’s schedule. This may not
be the lowest priced proposal received.
2. The Ministry’s Right to accept any Proposal and to reject any or all tender.
a.
The Ministry does not bind himself to accept the lowest or any proposals
and reserves the right to reject any proposal and, and to annul the
tendering process and reject all tenders, at any time prior to award of
contract, without thereby incurring any liability to the affected bidder, or
bidders or any obligations to inform the affected bidder or bidders of the
grounds for the Ministry’s action.
b.
The Ministry reserves the right to accept an offer in full, or part or to reject
all offers.
c.
Ministry may declare the request for proposals void when it is evident that
there is a lack of competition or there has been collusion. All proposals
may be rejected if substantially higher than the budget.
3. Although cost will be considered in the award process, emphasis will also be
placed upon the quality of the service offered, experience factors, the competency
of the prospective vendor, and outside references.
6.11
Notification of Award
1. Prior to the expiration of the period of bid validity prescribed by the Government, the
Government will notify the successful bidder by email or facsimile confirmed in
writing by registered letter that his tender has been accepted. This letter
(hereinafter and in the Conditions of Contract called “Letter of Acceptance”) shall
name the sum which the Government will pay to the Contractor in consideration of
the execution, completion and maintenance of the Works by the Contractor as
prescribed by the Contract (hereinafter and in the Conditions of Contract called “the
Contract Price”).
Page 18 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
2. The notification of award in writing will constitute the formation of the Contract.
3. The Government will promptly notify the unsuccessful bidders in writing.
6.12
Negotiation Procedures
1. The Ministry Fleet Management Team will evaluate each proposal based on the
information furnished by the vendor and will make a recommendation. In
responding to the Request for Proposals, the vendor is cautioned to address each of
the evaluation factors in as much detail as possible and in the order that the factors
are listed under Section 4.0 Proposal Content.
2. Upon conclusion of the RFP process, the Ministry will enter into negotiations with
the successful contractor. The contractor shall enter into contract negotiations with
the Ministry in substantial conformity with the selected proposal.
3. All agreements will require the contractor to adhere to the terms of their proposal
and to act in accordance with all applicable laws and regulations.
4. An agreement shall not be binding or valid with the Ministry unless and until it is
executed by authorized representatives of the Ministry.
6.13
Signing of Contract Agreement
1. At the same time that he notifies the successful bidder(s) that his tender has been
accepted, the Government will send the Bidder, the Form provided in the tendering
documents, incorporating all agreements between the parties.
2. Within 14 days of receipt of the Form of Agreement, the successful bidder shall sign
the Form and return it to the Government.
6.14
Cancellation of Award
The Ministry reserves the right, without any liability, to cancel the award of any
proposals, at any time before the execution of the agreement documents by all parties.
7.0
MISCELLANEOUS PROVISIONS
7.1
Contract Terms
Proposals submitted in response to the RFP may become a part of any subsequent contract.
If for any reason the selected vendor deviates in any way from previous proposed services,
the Ministry may reject the proposal and begin negotiations with another vendor.
7.2
Provisions for Joint Venture
Provisions for joint venture will be considered; however, a statement of such an arrangement
should be contained in the proposal with qualifications shown for all participating vendors.
Page 19 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
7.3
Provisions for Sub-contract
Vendor shall not subcontract any portion of the work to be performed under this contract
nor assign this contract without the prior written approval of the authorized agent of the
Ministry. Vendor shall provide the identity of any subcontractor(s) it intends to contract
with and the services to be performed by said subcontractor(s). Vendor shall ensure and
require that any subcontractor agrees to and complies with all of the terms of this contract
and meets all requirements as if they were the primary contractor. Any subcontractor of
Vendor used to perform any portion of this contract shall report to and bill Vendor directly.
Vendor shall be solely responsible for the breach, performance, or non-performance of any
subcontractor.
7.4
Certificate of Non Collusion
The essence of Open Tendering is that the Government of Bermuda shall receive bona fide
competitive Tenders from all persons tendering. In recognition of this principle, all
companies submitting a tender will be required, by way of the signature of the Company
Principle, state their agreement to the statements below, which indicates that the tender
has been submitted without any form of collusion.
The Certificate of Confirmation of Non-Collusion is a mandatory requirement from all
bidders. Any bids submitted which do not include a signed copy of the Certificate will be
wholly rejected and will not be included in the evaluation process.
If it is later found that the undertakings made below have been breached at any stage of
the process, the bidder will be expelled from the process immediately. In the event that this
is discovered after a contract award, legal action may be taken against the bidder and/or
any party involved in the matter.
False submissions may also exclude the bidder, and any other person or company involved
in collusion, from bidding for future contracts tendered by the Government of Bermuda.
7.5
Funding Restrictions
7.6
The Ministry reserves the right to reduce estimated or actual amount of services in whatever
amount necessary without prejudice or liability to the Ministry if funding i s not available or if
legal restrictions are placed upon the expenditure of monies for this category of service.
Limitations
Ministry will not be responsible for any costs incurred by bidders in preparing proposals.
7.7.
General Information
1. The MINISTRY reserves the right to accept or reject any item or group(s) of items in
a response. The MINISTRY also reserves the right to waive any informality or
irregularity in any proposal. Additionally, the MINISTRY may, for any reason, decide
not to award an agreement as a result of this RFP or cancel the RFP. The
MINISTRY shall not be obligated to respond to any proposal submitted, nor be
legally bound in any manner by submission of the proposal.
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
2. The MINISTRY is not required to accept the lowest price proposal. Responses will
be evaluated to determine the most advantageous proposal on a variety of factors
including but not limited to price, implementation costs, design quality, features, and
performance.
3. Final award shall be contingent upon reaching an agreement on software licensing
and contractual terms, if applicable.
4. The MINISTRY reserves the right to verify any information provided during the RFP
process and will contact references listed or any other persons known to have
contracted with the prospective contractors.
5. The MINISTRY may require financial statements for the last two fiscal years as
certified by an independent Certified Public Accountant. Do not submit these
documents unless they are requested.
7.8
Grounds for Disqualification
1. Contact regarding this procurement with any MINISTRY official or employee or
evaluation team member in any way other than specified in the RFP from the time of
issuance of this solicitation until the end of the protest period.
2. Evidence of collusion, directly or indirectly, among prospective contractors in regard to
the amount, terms, or conditions of this proposal.
3. Influencing any MINISTRY staff member or evaluation team member throughout the
solicitation process, including the development of specifications.
4. Evidence of submitting incorrect information in the response to a solicitation or
misrepresentation or failure to disclose material facts during the evaluation process.
5. In addition to violations of the guidelines, the following conduct may also result in
disqualification:
6. Offering gifts or souvenirs, even of minimal value, to MINISTRY officers or employees.
7. Existence of any lawsuit, unresolved contractual claim or dispute between prospective
contractors and the MINISTRY.
8. Evidence of prospective contractors’ inability to successfully complete the
responsibilities and obligations of the proposal.
9. Prospective contractors’ default under any MINISTRY agreement, resulting in
termination of such Agreement.
Page 21 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
EXHIBIT “A” PROPOSAL FORM
Addendum
Proposer hereby acknowledges receipt of the following addenda:
Addendum No:
Addendum No:
(if any)
(if any)
Dated
Dated
The undersigned hereby submit the following proposal for provision of GPS vehicle tracking and fleet
management system.
Do you comply with the insurance requirements of the RFP, there will be no exemptions.
(Circle one) Yes
No
By Name and Title (Please Print)
/ Signature
Date
Proposer’s Payment Address:
Contact:
Phone:
Fax:
E-Mail:
Page 22 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
EXHIBIT “B” STATEMENT OF REQUIREMENT AND SPECIFICATIONS
Prospective contractors’ requirements
1. The successful prospective contractor shall work with the Ministry project manager to facilitate
the implementation of deliverables as defined in this section to a successful conclusion.
2. The successful prospective contractors’ work hours shall be established prior to the
commencement of any services implementation.
3. The prospective contractor must specify all hardware required to implement and maintain their
proposed system. The prospective contractor must also price separately, the cost of the
prospective contractors purchasing all required hardware.
4. The MINISTRY reserves the right to procure hardware and peripherals through existing
procurement vehicles to take advantage of cost savings.
5. The prospective contractor must be willing to perform a proof of concept of their proposal.
Project management
The prospective contractor shall manage the project timeline and deliverables utilizing their
own project management resource who shall report directly to the MINISTRY project manager.
GPS VEHICLE TRACKING AND FLEET MANAGEMENT system implementation
1. The prospective contractor shall provide all necessary services required to implement
the GPS VEHICLE TRACKING AND FLEET MANAGEMENT system for the
MINISTRY.
2. GPS VEHICLE TRACKING AND FLEET MANAGEMENT system installation shall not
be considered complete until the MINISTRY has approved the final acceptance test as
described herein.
Final acceptance requirements
The Final Acceptance Test will begin upon completion of all installations and demonstration of
all GPS VEHICLE TRACKING AND FLEET MANAGEMENT system functions. The test will
comprise 30 calendar days of live operation.
Manuals
The successful prospective contractor shall deliver all manuals that came with all hardware
that were installed as part of the project. The documentation of the MINISTRY’s configuration
and an inventory of all hardware installed including the manufacturer and model shall also be
delivered.
Training
1. The vendor must provide instructors and all necessary instructional materials that may be
required for effective instruction and training.
Page 23 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
2. Technical Support Staff Training - While MINISTRY intends to contract with the proposer
for follow-up support of the GPS VEHICLE TRACKING AND FLEET MANAGEMENT
system, there is still a need for the MINISTRY to understand how to technically support
the system. The training program should include an overview of the GPS VEHICLE
TRACKING AND FLEET MANAGEMENT system’s architecture and the cameras
hardware maintenance.
Support and maintenance
1. The successful contractor shall identify the detailed activities, staff type, frequency and
estimated hours for each activity to proactively maintain the GPS VEHICLE TRACKING
AND FLEET MANAGEMENT system at its optimum operating level.
2. The units must carry a minimum of one-year warranty under which hardware maintenance
will be provided as part of the initial GPS VEHICLE TRACKING AND FLEET
MANAGEMENT system’s cost. The prospective contractor shall specify in detail all
warranties associated with the proposed GPS VEHICLE TRACKING AND FLEET
MANAGEMENT system.
3. At minimum, the successful contractor should be able to provide GPS VEHICLE
TRACKING AND FLEET MANAGEMENT system support during normal business hours
(8:00 am – 5:00 pm, Atlantic Time, Mon. – Fri.) with an emergency service plan for
evenings, weekends and holidays.
4. The successful contractor shall be able to accept maintenance and support service
requests via phone, FAX and electronic mail, the wait time shall be minimal.
System must support following functions:
Description
1.
Forty (40) transmitters with provisions
to add additional units as required.
Please state price per unit
2.
Real time positioning of each vehicle.
3.
System must be scalable to enable the
addition of other ministry vehicles.
4.
Color coding or the ability to easily
identify vehicles from different
Y/AO/UD/M/SC/N
Comments
Page 24 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
departments/ministries on a wall board
or monitor display.
5.
Each department/ministry vehicle must
display a unique identifier to permit
identification of each vehicle by
department or ministry.
6.
Ability to record historical data for a 48
hour period.
7.
Ability to export tracking data in an
archive format, identify the formats.
8.
Vehicle transmitters must be 12 volt
DC.
9.
The ability to support intelligent
interfaces, load cells, fuel consumption,
engine alarms, brake wear e.g. in
phases for the following vehicle makes:
Beach Tech, Bitelli, Blaw Knox, BMW,
Case, Caterpillar, Citroen, Daewoo,
Daihatsu, Dennis, Ford, G.M.C, Great
Wall, Hino, Honda, Hyundai, Isuzu,
Jeep, John Deere, Kia, Mack, Mazda,
Mitsubishi, Nissan, Opel, Peugeot,
Rover, Subaru, Toyota.
10.
Fleet management software able to
process the information in point 9 real
times.
11.
Training of Ministry personnel to permit
installation of transmitter devices to
Government vehicles.
12.
Remote tracking ability via tablet or
smartphone application.
13.
Guaranteed life cycle support of
system for a minimum five year period.
14.
Ability to display vehicle position on a
wallboard or large monitor in a control
room environment.
Page 25 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
15.
Tracking information to be overlaid
onto Google maps or other web based
mapping application.
16.
Preferred pricing of transmitters in
discounted bands e.g. 1-10, 10-20, 2030.
17.
System proposed must have
completed on Island technical support.
Page 26 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
ATTACHMENT “A” REFERENCES
NAME:
NAME:
CONTACT:
CONTACT:
ADDRESS:
ADRESS:
PHONE #:
PHONE #:
DATE OF MOST RECENT WORK:
DATE OF MOST RECENT WORK:
NAME:
NAME:
CONTACT:
CONTACT:
ADDRESS:
ADRESS:
PHONE #:
PHONE #:
DATE OF MOST RECENT WORK:
DATE OF MOST RECENT WORK:
Page 27 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
ATTACHMENT “B’
SUPPLIER FACT SHEET
1. Name/address of applicant agency:
2. Please check one of the
following:
 Incorporated
 Partnership
 Proprietorship
 Small Business
 Other, Please describe
Name:
Address:
Director:
Phone:
3. Contact Person, if other than Director:
Name:
Title:
Phone
4. Names of Persons authorized to sign contracts:
Name
5.
Title
Phone and email
Please indicate tax identification numbers as applicable to your organization:
Payroll Tax I.D. Number:
Social Insurance I.D. Number:
R O C N um b er : __ ___ _ __ __ _ __ __ __ _ ___ _ __ __ _ __ __ __
Please attach the following items to your proposal:

Proposal Content as outlined in Section 4.3

Annotated Board of Directors roster

Organizational Chart

Provide a minimum of five references including name, address, telephone number and
business relationship
Identify any Government contracts you currently hold in the Government of Bermuda or
Governments.
Brochures, annual report or other information about your organization to aid us in making a
decision.


Page 28 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
ATTACHMENT “C” CERTIFICATE OF CONFIRMATION OF NON-COLLUSION
Notes for the tenderer/bidder
The essence of Open Tendering is that the Government of Bermuda shall receive bona fide competitive Tenders
from all persons tendering. In recognition of this principle, all companies submitting a tender will be required,
by way of the signature of the Company Principle, state their agreement to the statements below, which indicates
that the tender has been submitted without any form of collusion.
The Certificate of Confirmation of Non-Collusion is a mandatory requirement from all bidders. Any bids
submitted which do not include a signed copy of the Certificate will be wholly rejected and will not be included
in the evaluation process.
If it is later found that the undertakings made below have been breached at any stage of the process, the bidder
will be expelled from the process immediately. In the event that this is discovered after a contract award, legal
action may be taken against the bidder and/or any party involved in the matter.
False submissions may also exclude the bidder, and any other person or company involved in collusion, from
bidding for future contracts tendered by the Government of Bermuda.
Confirmation of non-collusion
I/We certify that this is a bona fide Tender, intended to be competitive and that I/We have not fixed or adjusted
the amount of the Tender or the rates and prices quoted by or under or in accordance with any agreement or
arrangement with any other person.
I/We confirm that we have not received any additional information, other than that contained within the tender
pack, or supplementary information provided to all bidders.
I/We also certify that I/We have not done and undertake that I/We will not do at any time any of the following
acts:
(a)
communicating to a person other than the tender administrator the amount or approximate amount of
my/our proposed Tender (other than in confidence in order to obtain quotations necessary for the
preparation of the Tender for insurance) or
(b)
Entering into any agreement or arrangement with any other person that he shall refrain from tendering or
as to the amount of any Tender to be submitted; or
(c)
Offering or agreeing to pay or give or paying any sum of money, inducement, gift /hospitality or
valuable consideration directly or indirectly to any person in relation to this tender.
Signed
(1)
_________________________Status________________________Date __________
(2)
_________________________Status________________________Date_____________
for and on behalf of
Page 29 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
ATTACHMENT “D” EVALUATION MATRIX
Summary of Technical Proposal
Evaluation form
1
2
3
4
6
5
6
Service Experience
Ability/Compatibility
Creativity/Approach
Environmental, Health and
Safety Plan, Records to be
included
Cost ( Pricing)
Bidder has no outstanding
Government debt
Bidder is in stable financial
condition
Total
Score
Weigh
t
20%
20%
15%
10%
Points
Obtainabl
e
200
200
150
100
25%
5%
250
50
5%
50
Company/Other Entity
A
B
C
D
E
1000
Page 30 of 42
GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
ATTACHMENT “E” SAMPLE (DRAFT) CONTRACT
CONTRACT FOR SERVICES
For the__________ Project
THIS CONTRACT FOR ____________ SERVICES (the “Contract”) is made effective as of the ____
day of ____________, 2012 (“Effective Date”), by and Government of Bermuda, acting by and
through the Ministry of Finance, Office of Project Management and Procurement (hereinafter called
the “Government”)and ___________, with its principal office in Bermuda located at
________________________, Bermuda (hereinafter called “the Contractor”). The Government and
the Contractor are collectively referred to herein as the “Parties”.
WHEREAS, the Government would like to _______________ (the “Project”); and
WHEREAS, in order to complete the Project, the Government will need to procure professional
services to _______________________; and
WHEREAS, the Contractor is a ____________ company that provides ____________ services
including _________________; and
WHEREAS, the Government wishes to procure the services of the Contractor to
______________________ as further detailed in the Scope of Services attached hereto as Appendix
A (the “Services”).
NOW THEREFORE, in consideration of the foregoing recitals and the promises and representations
contained herein, which the Parties acknowledge to be good and valuable consideration, the Parties
hereby agree as follows:
ARTICLE 1 – SCOPE OF SERVICES
1.1
The Contractor shall provide all Services as detailed in the Scope of Services attached hereto
as Appendix A.
1.2
Any documents or plans prepared by the Contractor for the Government may be used by The
Government for any purpose with respect to the Project.
1.3
The Contractor shall submit progress reports, on at least
a monthly basis, to the Government. The progress reports shall
include a summary of the activities and accomplishments during the
previous reporting period, as well as the proposed activities for the
upcoming reporting period. Any decisions and/or actions required
of the Government during the upcoming reporting period(s) should
be included the progress report. The specified date for submission
of the progress reports for the reporting period shall be determined
by the Parties.
1.4
The Contractor shall perform all Services in a good and businesslike manner, with reasonable
skill, care and diligence, and in accordance with the terms and conditions provided herein.
Page 31 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
ARTICLE 2 – ADDITIONAL SERVICES
2.1
Additional services or variations in the Services may be required after the date of execution of
the Contract, and may be performed upon written approval of the Government. Such written approval
shall be evidenced by a Project Change Authorization (“Change Order”) or such other written
authorization as approved by the Director of the Office of Project Management and Procurement
(“OPMP Director”). In such case, a Change Order shall be issued within a reasonable time thereafter.
2.2
All Change Orders are subject to the terms and conditions of this Contract.
2.3
Fees for additional services shall be agreed by the Parties in writing prior to any additional
services being performed.
2.4
Only services which are not required for performance of the Services to be provided hereunder
shall be deemed additional services.
ARTICLE 3 – INSPECTION AND ACCEPTANCE
3.1
The Government shall at all times retain the right to inspect the work. The Government shall
also have the right to review, require correction or additional follow up, if necessary, and accept the
Services and any written work product submitted by the Contractor. Review(s) of any written work
product shall be carried out within thirty (30) days of receipt, unless extended to a date certain by the
Government, so as not to impede the work of the Contractor.
3.2
The Contractor shall make any required corrections promptly at no additional charge and
return a revised copy of the written work product to the Government within seven (7) days of
notification or a later date if extended by the Government. In the event that the Contractor is required
to implement changes with respect to its performance of Services, such change shall be implemented
within a reasonable time, as determined by the Government in consultation with the Contractor.
3.3
Failure by the Contractor to proceed with reasonable promptness to make necessary
corrections shall be a default. If the Contractor’s corrected performance or written work product
remains unacceptable, the Government may terminate this Contract, reduce the contract price and/or
reject the hours submitted in connection with such work to reflect the reduced value of services
received.
ARTICLE 4 –TERM
4.1
The term of this Contract shall commence upon the Effective Date and shall remain in effect until
____________, unless earlier terminated as set forth in Article 10 of this Contract. The Government
reserves the right to extend the term of this Contract for a period up to one (1) year or a fraction thereof,
unless earlier terminated in accordance with Article 10.
4.2
Article 9, Proprietary and Confidential Information; Article 13, Indemnification; and Article 14,
Limitation of Liability, shall survive the term of this Contract.
ARTICLE 5 – INVOICES AND PAYMENT
5.1
Within thirty (30) days following receipt of a proper invoice, the Government shall compensate
the Contractor for Services under this Contract at the prices set forth in Appendix B. Invoices shall be
Page 32 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
submitted to:
INSERT ADDRESS
Bermuda
Attn: INSERT CONTACT PERSON
5.2
A proper invoice and supporting documentation must include:
(1) The Contractor’s name, invoice date and invoice number;
(2) Change Order number, if applicable;
(3) Details of services performed consistent with the Contract requirements;
(4) Time and services rendered in hourly (or less than daily) increments with
sufficient detail to determine appropriate expenditure of hourly efforts;
(5) Other supporting documentation (including copies of any invoices or receipts for
reimbursable expenditures as provided for herein);
(6) Mailing address and the person to whom payment is to be sent or the
banking institution and account information for a payment by wire transfer (unless
such information has previously been provided to the Government); and
(7) Telephone number, fax number and e-mail address.
5.3
Invoices must be submitted monthly, and no later than the fourteenth (14th) day of the month
following that in which the Services were performed, unless another interval is approved by the
Government in writing. Advance payments will not be made unless specifically authorized by
_______________ in writing.
5.4
The Contractor’s failure to timely submit a proper invoice as set forth in this Article may result
in a delay in payment by the Government. No interest shall be paid with regard to any late payment to
the Contractor resulting from the Contractor’s failure to submit a proper invoice or otherwise comply
with the terms of this Article. The Contractor agrees that the Government is not responsible, nor will it
be liable to the Contractor under law or equity for any and all expenses that the Contractor may incur
resulting from any delays in payment caused by the Contractor’s failure to comply with the terms of
this Article.
5.5
The Contractor shall have the right to suspend or terminate delivery of Services for nonpayment of such invoices upon ten (10) days’ notice delivered to the Government at the address
provided herein for notices.
ARTICLE 6 – EXPENSES
The Government shall reimburse, at actual cost, expenses incurred by the Contractor in the
performance of Services hereunder to the extent that such expenses are reasonable, necessary and
specifically related to the Services.
ARTICLE 7 – SECURITY PROCEDURES
7.1
The Contractor shall at all times comply with the security rules and procedures as specified by
the Government (“Security Procedures”). Such Security Procedures may include, but are not limited
to, restrictions on access to the school, restrictions on interactions and communications with students,
further restrictions on entry of areas within the school’s campus and required supervision and
monitoring to ensure compliance by the Contractor’s personnel or other representatives.
7.2
The Government may at any time, by written directive, make changes in or additions to the
Page 33 of 42
GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
Security Procedures or issue additional instructions for compliance therewith. The Contractor shall
comply immediately with such direction.
7.3
The Contractor shall notify the Project Manager of any violations of the Security Procedures
promptly following discovery thereof, and in any event, not later than seventy-two (72) hours after
discovery. Failure to adhere to the Security Procedures and the requirements of this Article 7 may be
considered a material breach of this Contract and may result in termination for default as provided in
Article 10.
ARTICLE 8 – CONTRACT ADMINISTRATION
8.1
The Government’s representative and Project Manager for the Project is the Contractor. All
deliverables and inquiries regarding the Project and the Services hereunder shall be submitted to the
Project Manager at the address provided in section 5.1 above.
8.2
The Contractor shall appoint a representative for administration of the Services hereunder who
shall have full authority to act on behalf of the Contractor. The Government may request, by notice in
writing to the Contractor, the replacement of the appointed person, and agreement with such request
shall not be unreasonably withheld. The Contractor shall use its best endeavors to replace the
appointed person with another qualified individual employed by the Contractor, and such replacement
shall be subject to approval by the Government.
8.3
The Contractor will secure at his/her own expense all personnel required in performing the Services
under this contract. Such personnel shall not be employees of or have any contractual relationship with
the Government. All of the Services required hereunder will be performed by the Contractor or under its
supervision, and all personnel engaged in the work shall be fully qualified to perform such Services.
8.4
Time is of the essence with respect to performance of the Services.
8.4.1 The Contractor shall perform the Services expeditiously to meet the
requirements of the Government and shall complete any portion or portions of the
Services in such order as the Government may require. The Government shall have
the right to take possession of and use any completed or partially completed portions of
the work notwithstanding any provisions expressed or implied to the contrary.
8.4.2 The Government shall give due consideration to all designs, drawings, plans,
specifications, reports, tenders, proposals and other information submitted by the
Contractor, and shall make any decisions which are required to be made in connection
therewith within a reasonable time so as not to delay the work of the Contractor.
ARTICLE 9 – CONFIDENTIAL OR PROPRIETARY INFORMATION
9.1
Confidential or Proprietary Information is any information that is:
9.1.1 Disclosed by the Contractor in a written or tangible form, clearly marked as such,
bearing any appropriate notice indicating the sensitive nature of such information, or if
disclosed orally or visually and confirmed as such in writing by the Disclosing party
within thirty (30) days of such disclosure, or identified as proprietary or confidential at
the time of disclosure or information that is provided under circumstances reasonably
indicating that it is confidential or proprietary; and
9.1.2
The Government’s information, including but not limited to Project plans, financing
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
plans, site plans, school records, data or financial statements and/or any other
information regarding the Government which is provided or available or known to the
Contractor, whether or not so identified at the time the information or data is made
available to the Contractor.
9.2
All work products prepared by or received from the Contractor in accordance with this Contract
shall be Government property and the Government shall not be subject to Confidential or Proprietary
restrictions with respect to the same. The Contractor's work product shall only be protected as
Confidential or Proprietary Information if a written opinion prepared by the Attorney General’s
Chambers for the Government of Bermuda has been provided to the Parties opining the same. The
Contractor shall treat its work product as Confidential Information.
9.3
The Parties shall only use the Confidential or Proprietary Information disclosed under the
terms of this Contract for the purposes of this Contract. Neither party shall disclose to any third party,
publish, or otherwise use for its own benefit or the benefit of a third party the Confidential or
Proprietary Information without the prior written consent of the other party. Any disclosure of
Confidential or Proprietary Information to a third party, after written approval from the other party, shall
be done only under an agreement that fully protects the rights of the Government as described in this
Contract.
9.3.1
Notwithstanding the foregoing, either party may, upon written notice to the other party,
disclose Confidential or Proprietary Information revealed pursuant to the Contract to the
extent required by a judicial order or other legal obligation.
9.4
The Parties shall receive and hold any Confidential or Proprietary Information in confidence,
and shall take all reasonable and necessary care to maintain the confidentiality of such information.
The Parties shall limit the disclosure of such information to employees or representatives who need to
know the Confidential or Proprietary Information for performance hereunder.
9.5
Within thirty (30) days of either expiration or termination of this Contract, the Contractor shall
collect all Confidential or Proprietary Information applicable thereto and received and/or created under
this Contract, and shall either return the Confidential or Proprietary Information to the Government, or
dispose of the Confidential or Proprietary Information in accordance with the written direction of the
Government.
9.6
Any violation of this Article by the Contractor shall constitute a material breach of this Contract
and shall be a basis for termination of the Contract for default.
ARTICLE 10 – TERMINATION AND SUSPENSION
10.1
The Government may terminate this Contract and the Services hereunder in whole, or in
part, upon thirty (30) days’ written notice to the Contractor. Upon receipt of such notice, the Contractor
shall: (1) immediately take the necessary actions to discontinue all Services affected as of the effective
date of termination (unless the notice directs otherwise), and (2) deliver to the Government all
information, reports, papers and other materials which are deliverable hereunder.
10.2 In the event that termination by the Government is based upon the lack of available funding,
the notice requirement for termination shall be reduced to fifteen (15) days’ notice.
10.3
The Government may terminate this Contract at any time based upon a default by the
Contractor. The Government, in its sole discretion, may provide the Contractor with a notice to cure
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
(“Cure Notice”) any conditions that would otherwise amount to a basis to terminate this Contract as a
result of the Contractor’s failure to fulfill its obligations hereunder. The Contractor shall respond to any
such Cure Notice within a reasonable time or within such time as provided therein, and the Contractor
shall either cure the specified conditions or provide assurances to cure the same which the Government,
in its sole discretion, deems adequate.
10.4
The Government may temporarily suspend the Project or Services hereunder and shall
confirm such instruction in writing to the Contractor. Upon any such suspension, the Government
shall make a payment in accordance with section 11.1 below. If, following suspension of the Project
or Services, there is no resumption within six (6) months, this Contract may be terminated by the
Contractor, and the Government shall make a payment in accordance with section 11.1, if any such
amounts are due.
10.5 If the duties of the Contractor cannot be discharged for reasons outside the control of the
Government or the Contractor, the Contract shall be treated as terminated by mutual agreement, and
the Contractor shall be entitled to appropriate payment under section 11.1 below.
10.6
In no event shall the Government be liable to the Contractor for damages or otherwise,
including the loss of present or prospective commissions, revenues or lost profits, or for expenditures,
investments, forgone opportunities, or for the inability to fulfill customer contracts or otherwise based
on the Government’s exercise of rights to terminate this Contract or to suspend the Project or any
portion of the Services.
10.7
Any disputes with regard to this Article are expressly made subject to the terms and
conditions of Article 12.
10.8 The rights and remedies of the Parties provided in this Article are in addition to any other rights
and remedies provided by law or under this Contract.
ARTICLE 11 – PAYMENT FOLLOWING TERMINATION OR SUSPENSION
11.1 Following termination by the Government under sections 10.1 or 10.2 above or suspension of
the Project or Services under section 10.4 or as otherwise specifically stated herein, the Government
shall pay to the Contractor:
(a) Upon receipt of a proper invoice, all amounts payable for Services provided prior to the
effective date of termination or suspension as calculated in accordance with Appendix B.
(b) The reasonably and properly incurred costs of the Contractor resulting from termination
or suspension.
11.2 The Government may issue a written order to resume the Project within six (6) months of
suspension in which case the fee shall be as provided in Appendix B, plus costs under section 11.1(b)
and an agreed fee for any additional costs and services incurred in connection with the resumption.
ARTICLE 12 – DISPUTES
12.1 If a dispute arises out of this Contract, the Government and the Contractor shall attempt to
agree to a settlement in good faith.
12.2 If a dispute is not resolved by the Parties, either the Government or the Contractor may at any
time give notice to the other in writing that they wish to refer the dispute to mediation. The mediation
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
shall be conducted by a mediator appointed upon mutual agreement of the Parties, or if no agreement
can be reached, then by the President of the Chartered Institute of Arbitrators (Bermuda Branch).
12.3 If agreement cannot be reached through the mediator, then the dispute may be determined by
agreement between the Parties, or the dispute may be referred at the instance of either party to
arbitration. The arbitration shall be conducted by an arbitrator appointed upon mutual agreement of
the Parties or by the President of the Chartered Institute of Arbitrators (Bermuda Branch). The
provisions of the Arbitration Act 1986, as amended from time to time, shall apply.
12.4 Notwithstanding the forgoing, no person shall be appointed to act as a mediator or arbitrator
who is in any way interested, financially or otherwise, in the conduct of the Services of the Project or
the business affairs of the Contractor.
ARTICLE 13 – INDEMNIFICATION AND INSURANCE
13.1
Subject to the limitations of liability as
provided herein, the Contractor shall be liable for and shall indemnify the Government against any
expense, liability, loss, claim or proceedings in respect of any loss of or injury or damage to any
property, real or personal insofar as such loss injury or damage arises out of or in the course of or by
reason of the negligent performance of the Services hereunder and to the extent that the same is due
to any negligent breach of legal duty, omission or default of the Contractor, its employees or agents or
of any person employed or engaged by the Contractor upon or in connection with the performance of
the said Services or any part thereof by its employees or agents.
13.2 The Contractor shall at all times during the performance of Services hereunder maintain
in effect such policies of insurance as required below with reputable insurers or underwriters
approved by the Government and shall fully insure and indemnify the Government against all
insurable liabilities which may be incurred under the indemnity provided herein.
13.3The Contractor shall provide the following insurances:
(a)
(b)
and
(c)
Professional Liability Insurance to the value of One Million Dollars ($1,000,000);
Public/Third Party Insurance to the value of One Million Dollars ($1,000,000);
Workers’ Compensation Insurance as required by Bermuda law.
13.4The Contractor shall ensure that the Services performed hereunder are included in the activities
covered under the required policies.
13.5The Contractor shall provide copies of insurance certificates to the Government prior to the
commencement of the Services hereunder.
13.6The Contractor shall ensure that coverage provided by the required insurances will not be
changed or amended in any way nor cancelled by the Contractor until sixty (60) days after written
notice of such change or cancellation has been personally delivered to the Government.
Notwithstanding any change, amendment or cancellation of such insurance and in accordance with
section 13.2 above, the Contractor shall maintain the minimum amounts of insurance required
hereunder at all times during the term of the Contract.
ARTICLE 14 – LIMITATION OF LIABILITY
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
14.1
No Public Officer shall, in any way, be personally bound or liable for acts or obligations of the
Contractor under the Contract or answerable for any default or omission in the observance or
performance of any of the acts, matters or things which are herein contained. As used herein, the term
“Public Officer” includes any person employed by, or acting as an agent for, the Government of
Bermuda. The Government shall not be liable for any injuries or damages suffered by the Contractor
during the performance of its obligations under this Contract.
14.2
Except as specifically provided herein, neither party shall be liable for any special, indirect, punitive
or consequential damages, including but not limited to, loss of data, profits, revenue or goodwill, lost
opportunities or failure to realize expected savings, arising out of, resulting from, or in any way
connected with the performance or breach of this Contract.
ARTICLE 15 – NOTICES
15.1
Any notice required or permitted hereunder shall be in writing, and services shall take effect by one of
the following methods:
(a)
(b)
(c)
(d)
15.2
Notices shall be deemed to have been duly given:
(a)
(b)
(c)
15.3
Delivering copies personally;
By prepaid mail;
By facsimile transmission; or
By electronic mail to the party with read receipt requested.
If by personal delivery, on the date of such delivery;
If by prepaid mail, seven (7) days after the date of posting; or
If by facsimile or electronic mail, one (1) day after the date of transmission to the facsimile
number or electronic mail address provided in writing by the party receiving the notice.
Notices shall be delivered as follows:
If delivered to the Government:
INSERT ADDRESS
Bermuda
Attn: INSERT CONTACT PERSON
Facsimile No.: INSERT FAX NUMBER
If delivered to the Contractor:
INSERT ADDRESS
Attn: INSERT CONTACT PERSON
Facsimile No.: INSERT FAX NUMBER
ARTICLE 16 – FORCE MAJEURE
16.1
Notwithstanding any other provision in this Contract, no default, delay or failure to perform on the part
of either party shall be considered a breach of this Contract if such default, delay or failure to perform is
shown to be due entirely to causes beyond the reasonable control of the party charged with such default
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
including, but not limited to causes such as strikes, lock-outs or other labour disputes, riots, civil
disturbances, actions of Governmental authorities or suppliers, epidemics, wars, embargoes, storms,
floods, fires, earthquakes, acts of God, of the public enemy, computer downtime or the default of a
common carrier (hereinafter called the Force Majeure Event).
16.2
If the Contractor is prevented from delivering due to the Force Majeure Event, it shall notify the
Government of the fact in writing promptly after discovery of the Force Majeure Event.
16.3
If the circumstances preventing delivery are still continuing fourteen (14) days from and including the
date when the Contractor sends such notice, then either party may give written notice to the other
cancelling the Contract. Such written notice must be received while the Force Majeure Event is still
continuing.
16.3.1
16.4
Notwithstanding the forgoing, the Contractor shall forthwith notify the
Government of the commencing of any strike or lock-out and the Government,
based upon any delay caused thereby, may grant such extension of time as it
considers reasonable without prejudice to the right of the Government to
exercise any other right or power hereunder.
If the Contract is cancelled as a result of a Force Majeure Event, the Contractor shall refund any
payment which the Government has already made, if any, for Services which have not yet been
rendered.
ARTICLE 17 – GOVERNING LAW; COMPLIANCE WITH LAW
17.1
This Contract shall be governed by and construed in accordance with the laws of Bermuda.
17.2 The Parties hereto shall comply with all applicable laws, statutes or rules including the
Financial Instructions issued by the Accountant General of the Government and, upon ratification
thereof, the Code of Practice.
ARTICLE 18 – EXAMINATION AND RETENTION OF RECORDS
18.1 The Contractor shall retain all records pertinent to this Contract for a period of three (3) years
following expiration or termination hereof. the Contractor shall establish and maintain books, records,
and documents (including electronic storage media) in accordance with Canadian Generally Accepted
Accounting Principles and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided by the Government, including all receipts, invoices, payroll records
and/or other documentation used to substantiate requests for payment hereunder. At any time or
times before final payment and for three (3) years thereafter, the Government may cause the
Contractor’s records to be audited by a duly authorized Public Officer (as defined in section 14.1
above). Records required to resolve an audit shall be maintained for a period of not less than three
(3) years following resolution of the audit or any arbitration or litigation arising hereunder.
18.2
Any payment or payment request may be reduced by amounts found by the Government not to
constitute allowable costs. In the event that all payments have been made to the Contractor by the
Government and an overpayment is found, the Contractor shall reimburse the Government for such
overpayment within thirty (30) days following receipt of written notification thereof.
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GOVERNMENT OF BERMUDA
Ministry of Public Works
GPS Vehicle Tracking and Fleet Management
system
Department of Telecommunication
Systems
18.3
Duly authorized Public Officers shall have full access to and the right to examine any of the records
pertinent to this Contract at all reasonable times for as long as such records are required to be retained
hereunder.
18.4
The Contractor shall include the aforementioned audit and record keeping requirements in all
subcontracts and assignments, if any, made in accordance with this Contract.
ARTICLE 19 – INTERPRETATION AND CONSTRUCTION
19.2
The title designations of the numbered Articles and provisions to this Contract are for convenience only
and shall not affect the interpretation or construction of this Contract.
19.3
Every right or remedy conferred by this Contract upon or reserved to the Parties shall be cumulative and
shall be in addition to every right or remedy now or hereafter existing at law or in equity, and the pursuit
of any right or remedy shall not be construed as an election.
19.4 The failure of a party to insist upon the performance of any provision of this Contract or an
attachment hereto, or to exercise any right or privilege granted hereunder, shall not be construed as
waiving any such provision, and the same shall continue in force.
19.5 The rights and obligations of this Contract which by their nature extend beyond its expiration or
termination shall remain in full force and effect and shall bind the Parties and their legal
representatives, successors, heirs, and assigns.
ARTICLE 20 – INDEPENDENT CONTRACTOR STATUS
Nothing in this Contract is intended or shall have the effect of creating any relationship between the
Parties hereto other than that of the Government and independent contractor. Neither the Contractor
nor the Contractor’s employees, subcontractors, agents or other representatives are employees,
agents, representatives or partners of the Government. As such, they have no authority to legally bind
the Government by contract or otherwise with respect to any third party.
ARTICLE 21 – MISCELLANEOUS
21.1 This Contract contains the entire understanding and agreement between the Parties with
respect to the matters contained herein and supersedes any prior written or oral agreements between
them.
21.2 This Contract shall not be modified or amended in any way except by mutual agreement of the
Parties evidenced in writing and signed by the Parties.
21.3 This Contract may not be assigned by either party without the express written consent of the
non-assigning party. All terms and conditions of this Contract shall be binding upon, inure to the
benefit of, and be enforceable by the Parties hereto and their respective legal representatives,
successors and assigns.
21.4 If any provision of this Contract shall be declared invalid, unenforceable or illegal, the
remaining provisions shall continue in full force and effect and such invalid, unenforceable or illegal
provision shall be deemed as no longer a part of this Contract.
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GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
21.5 The Appendices referred to above and attached hereto are hereby incorporated into this
Contract.
21.6 This Contract may be executed in counterparts, each separately and together constituting one
and the same document. Execution and delivery of this Contract by facsimile shall be sufficient for all
purposes and shall be binding on any party to the Contract.
21.7 The Contractor acknowledges and warrants that it is fully satisfied as to the scope and nature
of the Services and of the obligations under this Contract.
21.8 The Contractor acknowledges and warrants that the individual executing this Contract on its
behalf is the Contractor's officer, agent or employee and possesses the requisite authority to execute
this Contract on behalf of the Contractor.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract and caused it to be
effective as of the date first written above.
Signed on behalf of the Government of Bermuda
By the Ministry of Finance, Office of Project Management
And Procurement
_______________________________
Date
_______________________________
Print Name & Position
Date
_________________________________
Witness
Date
_______________________________
Date
Print Name & Position
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GOVERNMENT OF BERMUDA
GPS Vehicle Tracking and Fleet Management
system
Ministry of Public Works
Department of Telecommunication
Systems
Signed on behalf of _______________.
_______________________________
Date
_______________________________
Print Name & Position
Date
_______________________________
Witness
Date
_______________________________
Print Name & Position
Date
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