TABLE OF CONTENTS - Εξυπηρέτηση Πελατών · TABLE OF CONTENTS SECTION 1: ... BPC...

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Transcript of TABLE OF CONTENTS - Εξυπηρέτηση Πελατών · TABLE OF CONTENTS SECTION 1: ... BPC...

TABLE OF CONTENTS SECTION 1: INSTRUCTIONS TO TENDERERS

1.1 Key Details of the Tender Procedure

1.2 Scope of Work

1.3 Prices

1.3.1 Quoted Prices

1.3.2 Arithmetical errors

1.4 Validity of Tender

1.5 Submission of Tenders (using a two (2) envelope procedure) 1.6 Submission of questions in writing by interested Tenderers

1.7 Tender Guarantee

1.8 Cost of Preparing/Submitting a Tender

1.9 Right to Accept Any Tender and to Reject Any or All Tenders

1.10 Method of Evaluation

1.11 Clarifications/Clarification Meeting

1.12 Award

1.13 Professional Offence

1.14 Cancellation of the tender procedure

1.15 Methodology and project Team Structure

1.16 Cyprus Income Tax

1.17 Performance Guarantee

1.18 Ownership

1.19 Supporting Documents

1.20 Evaluation Criteria

1.20.1 Technical and Professional Ability

1.20.2 Economic and Financial Capability

1.20.3 Staffing of Contractor’s Project Team

1.20.4 Quality Management System

1.21 Funding of the project 1.22 Experience

1.23 Association with other Firms

SECTION 2: CONDITIONS OF CONTRACT

2.1 Definitions

2.2 Prices

2.3 Place of Contract implementation

2.4 Duration of Contract 2.5 Terms of Payment 2.6 Insurances

2.6.1 Contractor’s All Risks Policy

2.6.2 Third Party Liability

2.6.3 Employer’s Liability

2.6.4 Professional Liability Insurance

2.7 Protection of employees

2.8 Performance Guarantee

2.9 Warranties

2.10 Use of Subcontractors

2.11 Confidentiality – Non Disclosure

2.12 Replacement of personnel 2.13 Delay in Completion and/or Delivery

2.14 Contract Value Variation

2.15 Law and Language of the Contract 2.16 Stamp Duty

2.17 Construction of Contract 2.18 Conflict of Interest 2.19 Reports – Approval of Reports

2.20 Contractor's Performance Obligations

2.21 Tax Clearance Certificate

2.22 Assignment of the Contract

Electricity Authority of Cyprus (Tender No. 5/2016)

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SECTION 1: INSTRUCTIONS TO TENDERERS 1.1 Key Details of the Tender Procedure

1.1.1 Tender No. 5/2016 Tender Title: Installation and Configuration of SAP

Budget Planning and Consolidation (BPC) and Purchasing of BPC Software Licenses

Closing Date: 24/02/2016, by 12:00 hrs noon Cyprus Time

1.1.2 Tender Procedure: Tender procedure for the award of a

services Contract 1.1.3 Award Criterion: The most economically advantageous

tender 1.1.4 Contracting Entity: Electricity Authority of Cyprus 1.1.5 Competent Official: Acting Purchasing Manager

PO Box 24506, CY-1399, Nicosia, Cyprus. Fax +357 22201660 [email protected]

1.1.6 Place from which to obtain the

Tender Document: From the Contracting Entity’s website: www.eac.com.cy

1.1.7 Selling Price of the Tender

Document: Free of Charge

1.1.8 Period of Validity of Tenders: 90 days, i.e. until 24/05/2016 1.1.9 Deadline for the Submission of

Comments / Questions / Recommendations:

By 15/02/2016 23:45 hours

1.1.10 Dispatch of answers by the

Contracting Entity: By 17/02/2016

1.1.11 Amount of Tender Guarantee

and validity period: Group A: EUR 10.000 Group B: EUR 3.000 The Tender Guarantee shall remain valid until 23/06/2016 Tenderers offering more than one group may submit one Tender Guarantee for the corresponding total amount.

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1.1.12 Opening of Tenders in the presence of interested Economic Operators:

Not Applicable

1.1.13 Amount of Performance

Guarantee and validity period:

10% of the total Contract Price. The Performance Guarantee shall remain valid until thirty (30) days after the completion of the Contractor's Performance Obligations

1.1.14 Tender Language: English 1.1.15 Tender Currency: EURO only 1.1.16 Insurance Policies: All Risks Policy:

Not Required. Professional Liability Insurance: Not Required. Third Party Liability: Required, up to the amount of EUR350.000 for any one accident, with a cap of EUR€500.000. See relevant clause. Employer’s Liability: Required. See relevant clause.

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1.2 Scope of Work The scope of work of this tender covers: Group A: the Installation and Configuration of SAP Budget Planning and Consolidation (BPC) in such a manner so as to fulfil EAC’s General Requirements for Budgeting and Long Term Budget (5 and 10 year) Model Requirements. The services requested shall be carried out at EAC’s Head Office in Nicosia, CYPRUS. Group B: the provision of 15 BPC software licenses (10 Professional and 5 Standard) and their Maintenance for a period of seven (7) years. EAC reserves the right to increase the number of licenses at the quoted prices. 1.3 Prices 1.3.1 Quoted Prices Quoted prices shall be all-inclusive and shall only be stated in euro. Prices shall not include VAT and shall remain firm for the duration of the Contract. The prices offered shall be deemed final and shall not be affected by any variations in taxes, duties and/or contributions. Quotations submitted using any other currency will be rejected. Any final discount offered shall be declared only in the Form of Tender. Any discount declared elsewhere in the Tender, or submitted in loose form, shall not be considered. 1.3.2 Arithmetical errors Arithmetical errors will be rectified on the following basis: (i) If there is a discrepancy between the product of the unit price times the quantity and the corresponding total price entered in the price schedule, the unit price shall prevail and the corresponding total price shall be corrected. (ii) If there is a discrepancy between the sum of individual prices and the corresponding total price entered in the price schedule, the individual prices shall prevail and the total price shall be corrected. (iii) If there is a discrepancy between words and figures, the amount which derives from the unit prices shall prevail. 1.4 Validity of Tender The period of validity of the Tenders is the period stated in clause 1.1.8. The validity of Tenders and Tender Guarantee (where applicable) may be extended, if requested by the Contracting Entity. Should the issue of extension of the validity of the Tenders and Tender Guarantee arise, the Contracting Entity shall address a question to the participants, seven (7) calendar days at the latest prior to the expiry of the validity of the Tenders, as to whether they accept the extension for a specific period of time. The participants must reply within three (3) calendar days and if they refuse to extend either the validity of their Tenders and/or the Tender Guarantee as requested, such Tenders shall be rejected as inadmissible.

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The Tenderer who accepts to extend the validity of their Tenders and Tender Guarantee (where applicable) will not be permitted to modify his Tender. 1.5 Submission of Tenders (using a two (2) envelope procedure) Proposals must be prepared in triplicate (i.e. one original and two copies) and, together with all the schedules and annexes duly filled-in and signed, as well as any accompanying documents must be submitted in two (2) separate envelopes. One envelope shall be marked on the outside «TECHNICAL PROPOSAL» and one envelope shall be marked on the outside «FINANCIAL PROPOSAL». Both of these envelopes shall be enclosed and sealed in one larger envelope (or box) bearing the words: “Tender No. 5/2016

Installation and Configuration of SAP Budget Planning and Consolidation (BPC) and Purchasing of BPC Software Licenses

Closing Date: {see clause 1.1.1}” 1.5.1 Technical Proposal The envelope marked «TECHNICAL PROPOSAL» shall not include any Tender prices. It shall only contain:

• Technical Schedule TS1 - General Contractor Information • Technical Schedule TS2 - Firm Structure and History • Technical Schedule TS3 - Approach and Experience • Technical Schedule TS4 - Project Organization & Implementation Programme • Technical Schedule TS5 - Proposed Methodology (Functional Requirements) • Technical Schedule TS6 - Project Team Structure • Technical Schedule TS7 - EAC Resources Required • Technical Schedule TS8 - Project Manager Experience, References, CV • Technical Schedule TS9 - Key Personnel Experience, References, CVs • Technical Schedule TS10 - Proposed Training • Technical Schedule TS11 - Post Going Live On-Site Support • Technical Schedule TS12 - Power of Attorney Letter • Technical Schedule TS13 – SAP Certification • Form 1: Official Statement of Tender Submission • Form 2: Tenderer’s Personal Situation – Solemn Declaration • Form 3: Deviations/Departures from the Tender Document Requirements • Form 4: Economic and Financial Capability • Form 5: Personnel Qualifications • Form 6: Sub-Contractors • Form 7: List of Equipment and Tools • Form 8: Checklist A • Form 9: Technical and Professional ability • Form 10: Confirmation concerning documents to be provided by the successful

Tenderer after award and before Contract conclusion • Form 11: Checklist • One original and two copies of the technical proposal.

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1.5.2 Financial Proposal The envelope marked «FINANCIAL PROPOSAL» shall only contain:

• Price Schedules FS1, FS2, FS3, FS4, FS5 • Form of Tender • Any additional information relevant only to the financial proposal, • One original and two copies of the financial proposal.

Tenders must reach the Contracting Entity’s offices before 12:00 hrs noon Cyprus Time of the above mentioned Closing Date, either: (a) by depositing the quotation in the TENDER BOX situated at the: Ground Floor of the Electricity Authority of Cyprus, Head Office, 11 Amfipoleos Street, Strovolos, Nicosia, CY-2025 Cyprus. or (b) by dispatching the quotation by COURIER POST to: First Floor, Registry Department of the Electricity Authority of Cyprus, Head Office, 11 Amfipoleos Street, Strovolos, Nicosia, CY-2025 Cyprus. Tenders received after the closing date and time will not be considered. In case the envelope is larger than the opening of the Tender Box (49cm x 7cm), the Tender must be delivered to the Section Head of the Registry on the 1st floor. 1.6 Submission of questions in writing by interested Tenderers Any clarification questions, recommendations, comments and/or remarks regarding the terms of the Tender Document shall be submitted by interested Tenderers within the deadline specified in clause 1.1.9, by fax or by e-mail, as follows:

Fax: (+357) 2220 1660 E-mail: [email protected] As long as any clarification requests, recommendations, comments and/or remarks are requested in accordance with the above, the Contracting Entity is obliged to notify all interested Tenderers of its relevant decisions, by way of supplementary documents to be sent by fax or e-mail within the deadline specified in clause 1.1.10. It is stressed that any written clarification requests, recommendations, comments and/or remarks submitted after the deadline specified in clause 1.1.9 shall not be accepted. During the Tendering process, other than the written communication between the interested economic operators and the Purchasing Manager of the Contracting Entity or his Deputy or his authorized representative, no other communication or interpretation of the Tender Documents, either written or verbally, by any party, shall be binding on the Contracting Entity. 1.7 Tender Guarantee The Tenderer shall furnish as part of his Tender, an irrevocable Tender Guarantee (tender bond) in the amount stated in clause 1.1.11 with the specific validity period requested. Where applicable, Tenderers offering more than one group may submit one Tender Guarantee for the corresponding total amount.

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The Tender Guarantee is required to protect the Contracting Entity against the risk of the Tenderer’s conduct which would warrant the Guarantee’s forfeiture. The Tender Guarantee shall be denominated in EURO, and shall be an irrevocable Bank Guarantee issued by any lawfully operating financial institution carrying out full banking operations in Cyprus or in any other member state of the European Union (EU) or country of the European Economic Area (EEA) or in third countries who have signed and ratified the Government Procurement Agreement (GPA) or in other countries who have signed and ratified association agreements or bilateral agreements with the EU or with the Republic of Cyprus, and having the right to issue such guarantees in accordance with the legislation of these countries. The Tender Guarantee must be in the format of the relevant template included in the Tender Document. In the case of Tenders submitted by a joint venture or by a consortium of two or more partners, the Tender Guarantee must state that it covers jointly and severally all partners. The Tender Guarantee must be transmitted to the Contracting Entity through the Central Bank of Cyprus by SWIFT message for authentication purposes solely and under no other responsibility on their part. The SWIFT message address of the Central Bank of Cyprus is CBCYCY2N. The message should reach the Central Bank of Cyprus no later than 12:00 hours Cyprus Time of the specified closing Date. It is stressed that cheques will not be accepted as Tender Guarantee. The Tender Guarantee of the unsuccessful Tenderers will be discharged and returned as soon as possible after the expiration of the tender validity period prescribed by the Contracting Entity. The successful Tenderer’s bank guarantee will be discharged only upon the Tenderer’s furnishing of the correct Performance Guarantee. The Tender Guarantee shall be forfeited automatically in favour of the Contracting Entity, should a Tenderer after the closing date for the submission of Tenders, withdraw his Tender or a part thereof during its period of validity. Moreover, the Tender Guarantee shall be forfeited automatically in favour of the Contracting Entity, should the Tenderer, having been notified of the acceptance of his Tender by the Contracting Entity during the period of validity of the Tender, and having been notified in writing of the Contract award: (i) Refuse or neglect to produce within the specified time limit any Certificate and/or other document and/or the Performance Guarantee and/or fulfil any other of its obligations deriving from his participation in the present tender procedure, or (ii) Refuse to accept the Contract. 1.8 Cost of Preparing/Submitting a Tender The Contracting Entity will not be responsible for, nor pay for, any expense or loss which may be incurred by any Tenderer in the preparation and submission of his Tender or otherwise related thereto and regardless of the conduct or outcome of the tendering process. 1.9 Right to Accept Any Tender and to Reject Any or All Tenders The Contracting Entity does not bind itself to accept the lowest-priced Tender or any Tender.

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1.10 Method of Evaluation Tenderers shall participate in this Tender by submitting their quotations, containing technical, commercial and financial details addressing all requirements of this Tender Document. The Contracting Entity shall evaluate the technical, commercial and financial aspects of the submitted quotations in consecutive and distinct stages as outlined below. A two-stage procedure will be adopted in evaluating the proposals, with the technical evaluation being completed prior to the financial evaluation of the proposals. 1.10.1 1st Stage: Qualitative and Technical Evaluation GROUP A (A) The Firm’s General Experience This criterion bears a weight of 40 points and it is sub-divided as follows: (i) Firm’s Experience (40 points)

The Tenderer must provide evidence that he is SAP Certified for installing the BPC. Failure to do so will result in his immediate disqualification.

(a)

Successful Installation and Implementation of SAP Netweaver Business Warehouse (7.0 or higher) and use of Netweaver BW in a SAP R3 + environment. The Tenderers must have completed successfully at least one installation project as above from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. A letter of reference must be provided. Tenderers will be awarded points proportional to their successful projects**.

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(b)

Successful installation and Implementation of SAP Netweaver BW (7.0 or higher) and interfacing with a non SAP R/3 environment. The Tenderers must have completed successfully at least one installation project as above from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. A letter of reference must be provided. Tenderers will be awarded points proportional to their successful projects**.

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(c)

Successful Installation and Implementation of BPC (at least two out of Budgeting Planning Consolidation) for Netweaver BW. The Tenderers must have completed successfully at least one installation project as from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. A letter of reference must be provided. Tenderers will be awarded points proportional to their successful projects**.

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* * eg Tender A 3 projects Tender B 2 projects Tender C 1 project Tender A is awarded full points eg 10, Tender B is awarded 2*10/3 and Tender C is awarded 1*10/3 Failure to provide valid contact details and/or any of the clients informs EAC that the project undertaken by the Tenderer was not successful may result in the immediate disqualification of the Tenderer based on the discretion of EAC. The Tenderer must be SAP Certified for installing the BPC. (B) The Work Plan This criterion bears a weight of 10 points and it is sub-divided as follows: (i) Presentation, Programme, Methodology and Project Team Structure1

(a) Presentation (Completeness and Clarity of Proposal) 1 (b) Implementation Programme2 1 (c) Proposed Methodology3 5 (d) Project team Structure 3 1 Minimum acceptable score in the Presentation, Programme, Methodology and

Project Team Structure is 5 points 2 Refer to clause 2.4 3 Refer to clauses 1.15 and Section 4 Failure to score the minimum score of 5 points will result in immediate disqualification of the Tenderer.

(C) The Qualifications and Competence of the Personnel Proposed for the Assignment This criterion bears a weight of 50 points and it is sub-divided as follows: (i)

Personnel Experience in Successful Installation and Implementation of Netweaver Business Warehouse (7.0 or higher) and use of Netweaver BW in a SAP R3 + environment (30 points).

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(a) The Project Manager must be professionally qualified and must have been involved as a Project Manager in other IT projects and in at least one Successful Installation and Implementation of SAP Business Warehouse (7.0 or higher) and use of BW in a SAP R3 + environment from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. The tenderers must provide the qualifications of the particular Project Manager they propose. The Tenderer assigning a Project Manager with the largest number of participations as a BW Installation Project Manager in successfully completed projects from 1/11/2010 until the present day will be awarded 10 points and the rest of the Tenderers will be awarded points proportional to their successful projects**.

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(b)

At least one key personnel* from the proposed team must have been involved as key personnel in at least one Successful Installation and Implementation of Netweaver Business Warehouse (7.0 or higher) and use of Netweaver BW in a SAP R3 + environment from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. Tenderers must provide the professional qualifications of the particular key personnel they propose. The Tenderer assigning a Project Team with the largest number of participations in other successfully completed BW projects from 1/11/2010 until the present day will be awarded 15 points and the rest of the Tenderers will be awarded points proportional to their successful projects **.

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(c) At least one key personnel* from the proposed team must have been involved as key personnel in at least one Successful Installation and Implementation of Netweaver BW (7.0 or higher) and use of Netweaver BW in a non SAP R3 + environment completed from 1/11/2010 until the present day for a client. The tenderers must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. Tenderers must provide the qualifications of the particular key personnel they propose. The Tenderer assigning a Project Team with the largest number of participations in other successfully completed BW projects from 1/11/2010 until the present will be awarded 5 points and the rest of the Tenderers will be awarded points proportional to their successful projects**.

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(ii)

Successful Installation and Implementation of BPC on Netweaver BW (at least two out of Budgeting Planning Consolidation) (20 points).

(a)

The Project Manager must be professionally qualified and must have been involved as a Project Manager in other IT projects and in at least one Successful Installation and Implementation of BPC on Netweaver BW (7.0 or higher) from 1/11/2010 until the present day for a client. The Tenderer must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. Tenderers must provide the qualifications of the particular Project Manager they propose. The Tenderer assigning a Project Manager with the largest number of participations as a BPC installation Project Manager in successfully completed projects from 1/11/2010 until the present day will be awarded 10 points and the rest of the Tenderers will be awarded points proportional to their successful projects**.

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(b)

At least one key personnel* from the proposed team must have been involved as key personnel in at least one Successful Installation and Implementation of BPC on Netweaver BW (7.0 or higher) from 1/11/2010 until the present day for a client. The Tenderer must provide the relevant contact details of their reference clients. EAC reserves the right to contact them for any project related information thought critical. Tenderers must provide the qualifications of the particular key personnel they propose. The Tenderer assigning a Project Team with the largest number of participations in other successfully completed BPC projects completed from 1/11/2010 until the present day will be awarded 10 points and the rest of the Tenderers will be awarded points proportional to their successful projects**.

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*Key Personnel is the Team Member with the most participation in the work programme (other than the Team Manager) ** eg Tender A 3 projects Tender B 2 projects Tender C 1 project Tender A is awarded full points e.g. 10 , tender B is awarded 2*10/3 and tender C is awarded 1*10/3

Failure to provide valid contact details and/or any of the clients informs EAC that the project for which the proposed Project Manager was employed was not successful may result in immediate disqualification of the Tendered based on the discretion of EAC. If the Project Manager for the SAP Netweaver BW installation is different from the Project Manager for the BPC installation, then the Tenderer must assign a Programme Manager and additionally must provide qualifications for this person proposed. All personnel including the Project Manager(s) and Programme Manager (where applicable) must be fluent in the Greek and/or English language.

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Only the Financial Proposals submitted by Tenderers who have qualified and who have scored 60 points or above, in accordance with the above selection criteria, will then be opened. The envelopes containing the financial proposals of the firms that did not satisfy the selection criteria of the technical evaluation of Group A and /or did not achieve the above score will be returned unopened to the respective Tenderers. GROUP B The supplier must be SAP Certified for selling BPC software licenses and must be in a position to offer maintenance for a period of seven (7) years. The envelopes containing the financial proposals of the firms that did not satisfy the selection criteria of the technical evaluation of Group A will be returned unopened to the respective Tenderers. 1.10.2 2nd Stage: Financial Evaluation The financial proposal will consider the total price as provided by the Consultant in Schedule FS5 (Summary of Prices). The financial proposals will be assessed as follows: The amounts quoted for the Maintenance Agreement for SAP Budgeting Planning and Consolidation will be discounted to present values for evaluation purposes only. For evaluation purposes, the discounting method may be applied using a discount rate of 6% per annum. The Maintenance Agreement begins one year after the implementation of the module and acceptance from EAC i.e. if the successful implementation is on 01/06/2015 the first maintenance period starts from 1/6/2016 until 30/5/2017 (the first year is the guarantee period). The Tenderer should state the number of mandays and the cost per manday as analysis of the total cost, using Financial Schedule FS2. The Tenderer should confirm that in the case EAC wishes to extend the range of services to be provided to cover additional functionality the prices proposed in this schedule are valid for a period of two (2) years. The lowest in price evaluated financial proposal will be given 100 points and the others will be awarded points in accordance with the following formula:

100____Pr

_____Pr×

proposalevaluatedeachoficeproposalevaluatedlowesttheofice

The weight of the technical assessment in the evaluation will be 70% and that of the financial assessment will be 30% and the combined score for each proposal will be calculated in accordance with the following formula:

Total Score = (0,7x technical points) + (0,3 x financial points)

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1.11 Clarifications/Clarification Meeting To assist in the examination, evaluation and comparison of the proposals submitted, the Contracting Entity reserves the right during the evaluation stage to request clarifications and/or invite for a meeting any Tenderer it deems necessary, for tender clarifications and/or presentation of his offer. The request for clarifications and the response shall be in writing, by fax or e-mail. It is stressed that no change in the substance of offers shall be sought, offered or permitted. In case of request for a clarification meeting and/or presentation, an agenda will be set out by the Contracting Entity and will be communicated to the invited Tenderer in advance. Upon completion of the meeting, the minutes of meeting, if any, shall be agreed and signed by both parties and shall constitute part of the Tenderer’s offer. Note that the Contracting Entity will not be liable for any expenses or losses which may be incurred by any Tenderer for providing clarifications or participating in meetings, including trips the Tenderer may make to Cyprus. 1.12 Award The Tender shall be adjudicated and awarded as a whole to the Tenderer whose Tender is found, after the conclusion of the evaluation procedure, to be the Tender with the most economically advantageous tender. Prior to the expiration of the Tender validity, the Contracting Entity will notify the successful Tenderer in writing that his Tender has been accepted. Subsequently, the Contracting Entity will instruct the successful Tenderer to submit the set of documents declared in Form 10. Failure to submit these documents shall automatically lead to the annulment of the award. After submission and acceptance of the documents, the award shall be confirmed in writing by a Purchase Order or Value Contract sent in duplicate to the Tenderer for him to sign. After the notification that the Tender has been accepted and before confirmation of award by a Purchase Order or Value Contract, the Contracting Entity reserves the right to call the successful Tenderer to attend a pre-contract clarification meeting. If, for any reason, the successful Tenderer refuses the award or does not sign the Purchase Order or Value Contract, then the Tenderer shall be declared in default of the award made to him and of all rights deriving from it, and the Tender Guarantee, if any, shall simultaneously be forfeited in favour of the Contracting Entity. 1.13 Professional Offence If it is proven by the Contracting Entity, by any means and at any stage during the evaluation procedure, that the Tenderer has committed a serious professional offence including, but not limited to: (a) attempting or pursuing, either personally or with the aid of any other party, to influence in any manner the decision or judgement of any employee, committee, or member of a committee during the execution of their work; (b) having or holding, without legal authority or permission, and on his own initiative, information or confidential documents regarding the subject Tender in which he is participating; (c) having contravened/violated or not faithfully executed other contracts that were awarded to him from the Contracting Entity or from another organization;

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(d) having unjustifiably denied, even though the Tender was awarded to him, by the Contracting Entity or by another organization, to sign the Contract; (e) not having fulfilled the mandatory requirements of a previous Tender awarded to him by the Contracting Entity; (f) not fulfilling the qualitative selection criteria defined in Article 51 of Cyprus Law 12(I)/2006; then the Contracting Entity reserves the right to reject his Tender and additionally to prohibit the Tenderer from participating in future tenders for a period to be decided by the Contracting Entity. 1.14 Cancellation of the tender procedure The tender procedure may be cancelled before the specified deadline for the submission of Tenders, by decision of the Contracting Entity. Cancellation of the tender procedure after expiry of the specified deadline for the submission of Tenders may be decided when one or more of the following conditions apply: (i) When no Tender has been submitted within the specified deadline. (ii) When the Tender Document contains terms, conditions or technical specifications and it is established that these cannot be met by any of the Tenderers or that these terms, conditions or specifications lead exclusively to a specific Tenderer or specific Tenderers. (iii) When the prices of all Tenders meeting the terms, conditions and technical requirements of the Tender Document are unrealistic or appear to be the product of collusion between the Tenderers, resulting in the circumvention of healthy competition. (iv) When the circumstances under which the tender procedure was announced have changed to such an extent that the scope of the tender procedure is no longer valid nor necessary. (v) If the Contracting Entity is unable to secure the necessary funds or other resources for the project. (vi) In the event of any other serious cause, which the Competent Body deems to be justified. Tenderers do not maintain and shall waive any claim against the Contracting Entity on account of cancellation of the tender procedure. In case of cancellation, all Tender Guarantees, if any, shall be promptly returned to the Tenderers. 1.15 Methodology and project Team Structure Bearing in mind the Terms of Reference as set out in Section 4 and the Time Schedule of the Project as set out in clause 2.4 Duration of Contract), the Tenderer should submit detailed proposals on how he intends to carry out the work required, giving also details of the Project Team structure and composition, including a detailed programme for the whole project. All submissions must be done using the Technical Schedules provided. The composition of the Project Team should remain as submitted in the tender during the duration of the Project. Should any changes be proposed during the contract period, the Team

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Members proposed must comply with the Terms of this Tender and they must be approved by EAC. 1.16 Cyprus Income Tax All foreign firms and personnel offering services in Cyprus will be subject to the tax regulations of the Republic of Cyprus. The Tenderer must make his own enquiries and ascertain whether he may be liable to pay Cyprus Income Tax. 1.17 Performance Guarantee Within ten (10) calendar days of the receipt of the notification of award from the Contracting Entity, the successful Tenderer shall furnish the Contracting Entity with a Performance Guarantee in the amount of ten per cent (10%) of the Contract price, in accordance with the General Conditions of Contract. The Performance Guarantee shall be denominated in EURO, and shall be an irrevocable Bank Guarantee issued by a lawfully operating financial institution carrying out full banking operations in Cyprus or in any other country member of the European Union (EU) or of the European Economic Area (EEA) or in third countries who have signed and ratified the Government Procurement Agreement (GPA) or in other countries who have signed and ratified association agreements or bilateral agreements with the EU or with the Republic of Cyprus, and have the right to issue such guarantees in accordance with the legislation of these countries. The Performance Guarantee must be in the format of the relevant template given in the Tender Document. In the case of Tenders submitted by a joint venture or by a consortium of two or more partners, the Performance Guarantee must state that it covers jointly and severally all partners. The Performance Guarantee must be transmitted to the Contracting Entity through the Central Bank of Cyprus by SWIFT message for authentication purposes solely and under no other responsibility on their part. The SWIFT message address of the Central Bank of Cyprus is CBCYCY2N. It is stressed that cheques will not be accepted as Performance Guarantee. The Performance Guarantee shall be irrevocable and shall expire not later than thirty (30) calendar days following the date of completion of the Contractor's performance obligations. Failure of the successful Tenderer to comply with the requirements of this clause shall constitute sufficient grounds for annulment of the award and forfeiture of the Tender Guarantee, in which event the Contracting Entity may either proceed with the award to the next preferred Tenderer or call for new tenders. When the successful Tenderer has furnished the correct Performance Guarantee, then the Contracting Entity will promptly notify each unsuccessful Tenderer and will return each Tender Guarantee to the issuing Bank. 1.18 Ownership The Contracting Entity shall take ownership of all Tenders submitted in the present tender procedure and Tenderers are not entitled to the return of their Tenders.

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1.19 Supporting Documents The Tenderer shall include in his offer fully-descriptive supporting documents with information such as the company registration certificate, business structure, areas of activity, services provided, personnel employed, facilities and equipment, and so forth, in English or Greek. 1.20 Evaluation Criteria 1.20.1 Technical and Professional Ability The Tenderer shall have proven and extensive experience as per clause 1.10 above. It is understood that if the prospective Tenderer is a consortium of persons, it is enough for the above requirements to be met cumulatively by the consortium members. Pursuant to the provisions of article 55(5) of Law 11(I)/2006, a prospective Tenderer may rely on the capacities of other entities, regardless of the legal nature of the links it has with them. In such a case, the Tenderer must be able to prove to the Contracting Entity that it shall have at its disposal the resources necessary. Moreover, the Tenderer’s past performance with the Contracting Entity in the execution of similar Contracts, if any, shall have been to the satisfaction of the Contracting Entity. 1.20.2 Economic and Financial Capability Tenderers must meet the following requirement concerning their economic and financial capability: The Tenderer’s average annual turnover for the years 2011, 2012 and 2013 or for the years 2012, 2013 and 2014 must be at least equal to €200.000. 1.20.3 Staffing of Contractor’s Project Team Curriculum Vitae of all staff members that will be assigned to the project must be submitted together with the proposal using the Technical Schedules TS8 , TS9 and TS10. 1.20.4 Quality Management System Not Required. 1.21 Funding of the project This Tender has been issued under the condition that the Contracting Entity will secure the necessary approvals for the funding of this project at a later stage. If such approvals are not attainable then the Contracting Entity reserves the right to withdraw or cancel this Tender. 1.22 Experience The Consultant and his personnel must be SAP Certified for installing and customizing BPC and BW and have proven and extensive experience in the execution of assignments of similar nature and value, as per clause 1.10 above. 1.23 Association with other Firms The Contracting Entity has no objection to the Tenderer associating with any other entity to enable a full range of expertise to be presented, or to strengthen the Tenderer’s Tender. However, full details of such an association must be provided with the proposal.

Electricity Authority of Cyprus (Tender No. 5/2016)

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SECTION 2: CONDITIONS OF CONTRACT 2.1 Definitions Award Decision The decision issued by the Contracting Entity, whereby the

Contract is awarded to the selected Tenderer. Competent Body A body appointed by the Contracting Entity which, within

the powers granted to it, undertakes and handles matters concerning this Tender.

Contract The public services contract between the Contracting Entity

and the Contractor, which is concluded after announcement of the Award Decision and which comprises the following integral parts:

a. The Purchase Order or Contract, b. The Conditions of Contract, c. The Scope of Work, d. All Annexes, Forms and other schedules, e. The Contractor’s Tender and any correspondence

in relation thereto between the Contracting Entity and the Contractor,

f. Minutes of Meeting (if any).

Contract Price A Contract whereby services are provided for a total

agreed price, or whereby individual agreed prices are agreed for the individual services under the Contract.

Contractor The Tenderer to be selected to enter into a Contract with

the Contracting Entity, in the manner, under the terms and in accordance with the procedure described in the Tender Document.

Contract

Completion Unless stated otherwise, the Contract shall deem to have been completed on the day of completion of all contractual and performance obligations.

Contracting

Entity Namely, the Electricity Authority of Cyprus (EAC), whose Head Office is located at 11 Amfipoleos Street, 2025 Strovolos, Nicosia, Cyprus.

Tender The commercial, technical and financial proposal for

implementation of the Contract scope, drawn up and submitted by the Tenderer in the manner and under the terms described in the Tender Document.

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Tenderer Any economic operator, natural or legal person or consortium of natural or legal persons, which participates in the tender procedure by submitting a Tender for the purpose of entering into a Contract with the Contracting Entity.

Tender

Document The document issued by the Contracting Entity and comprising of: • Cover Page • Section 1: Instructions to Tenderers, • Section 2: Conditions of Contract, • Section 3: Special Conditions of Contract, • Section 4: Technical Specification and Drawings • Section 5: All Annexes, Forms and other schedules

as well as any clarifications and/or amendments and/or addendums thereto.

Fee-Based /

Labour-Based Contract

A Contract whereby services are provided for an agreed fee per working day, week or month, for each category of personnel employed.

Day Calendar Day, unless otherwise specified in the Contract. Month Calendar Month

Electricity Authority of Cyprus (Tender No. 5/2016)

Code: E_ΥΑ_082_1.0

2.2 Prices Prices are all-inclusive, do not include VAT and shall remain firm for the duration of the Contract. Prices offered are final and shall not be affected by any variations in taxes, duties and/or contributions. 2.3 Place of Contract implementation The specific location where the provision of services is required is as follows:

Electricity Authority of Cyprus 2.4 Duration of Contract The successful Tenderer will be expected to commence work immediately after the award notification and submission of necessary documents. The final report for the design and development shall be submitted within six (6) weeks from that assigned date. The successful Tenderer is required to submit with the Tender a detailed time–table and programme of works, in order to achieve the above target dates. 2.5 Terms of Payment Payment will be made in euro, thirty (30) days after the submission of the Contractor’s invoice, in the following manner: Group A: Installation and Configuration of SAP Budget Planning and Consolidation (BPC)

(a) 10% advance payment after the successful Tenderer has furnished to EAC an irrevocable letter of Advance Payment Guarantee of equal amount.

(b) 10% payment on successful installation and implementation of BW and its approval

by EAC. (c) 70% payment on successful installation and implementation of BPC and its approval

by EAC. (d) 10% payment after the fully successful implementation of the system and operation

for twelve (12) consecutive months and its acceptance by EAC. Group B: Provision of BPC software licenses

(a) 100% payment on successful provision of BPC licenses and their approval by EAC. The Authority shall reject Tenders proposing alternative Terms of Payment In the event that the Contracting Entity, subject to clause 2.22 (Assignment of the Contract), accepts the Consultant's request to assign any monies due or to become due to him to a new payment beneficiary, then the same shall replace and substitute the previous payment beneficiary and shall become the new sole payment beneficiary of the Contract.

Any additional services over and above those described in the contract shall be paid for by EAC on the basis of the Consultants´ Financial Proposal to be given using the rates declared in schedule FS2.

Electricity Authority of Cyprus (Tender No. 5/2016)

Code: E_ΥΑ_082_1.0

2.6 Insurances 2.6.1 Contractor’s All Risks Policy Not Applicable. 2.6.2 Third Party Liability The Contractor is required to confirm and provide evidence that he holds an Insurance Policy in force that will cover the following minimum requirements:

1. During the execution of the services and up to Contract completion (see clause above), the Contractor and/or subcontractor and/or any other person working for the Contractor will be responsible for any accident which can cause (a) death or personal injury to anyone and (b) loss of or damage to the Contracting Entity’s property or third persons.

2. For this purpose, the Contractor will be insured and will continue to be insured against third party (Public Liability) for material damages and bodily injury up to the amounts stated in clause 1.1.16 above. The Contracting Entity and its personnel for this purpose will be considered as third party (Cross Liability Clause).

The Contractor must confirm in writing that in case of accidents, he will cover any excess amount or deductible, which will not be covered by an Insurance Policy. The Contractor must submit the above documents to the Contracting Entity for approval, before commencing any work. 2.6.3 Employer’s Liability The Contractor is required to keep in force an Employer’s Liability Insurance Policy in line with Cyprus legislation. The Contractor must submit the above Policy, or Certificate, to the Contracting Entity for approval, before commencing any work. 2.6.4 Professional Liability Insurance Not applicable. 2.7 Protection of employees The Contractor must fulfill its obligations deriving from the provisions of the legislation in force in the Republic of Cyprus, in relation to the protection of its employees and to relevant working conditions. The Contractor is obliged to insure its personnel with the competent insurance organizations in accordance with the clause above and maintain such insurance(s) in effect throughout the execution of the entire Contract scope of work, and shall ensure that its subcontractors shall do the same. 2.8 Performance Guarantee The Performance Guarantee shall be irrevocable and shall be discharged not later than thirty (30) days following the date of completion of the Contractor's Performance Obligations.

Electricity Authority of Cyprus (Tender No. 5/2016)

Code: E_ΥΑ_082_1.0

2.9 Warranties The Contractor warrants to the Contracting Entity that the Contract scope shall be performed in accordance with the terms and conditions of the Contract, the technical rules and the internationally recognised standards applicable to the modern methods for the provision of the specific services, shall have all the properties and features provided for in the present Contract and shall meet the specifications, results and properties as specified in the Tender Documents or as allowed to be defined by the Contracting Entity during the execution of the Contract. The Contractor shall comply with the administrative orders given by the Project Manager. The Supplier shall be responsible for fixing with all possible speed at his own expense any defect in or damage to any portion of the Equipment and Software which may be identified on the acceptance Certificate or may develop and is notified to the Supplier during a period of twelve calendar months commencing from the acceptance Date (hereinafter referred to as the “Warranty Period”), and which results in a failure of the Equipment and Software to fulfill the functions or meet the level of performance detailed in the Contract or arises from either:

i. Defective materials, including System Software, workmanship or design (other than a design furnished or specified by the Purchaser which the Supplier has disclaimed responsibility within a reasonable time, after receipt of the Purchaser’s instructions) or

ii. Any act of omission of the Supplier done or omitted during the Warranty Period.

If any such damage or defect be not remedied within a reasonable time, the Purchaser may proceed to do the work at the Supplier’s risk and expense but without prejudice to any other rights which the Purchaser may have against the Supplier in respect of the failure of the Supplier to remedy such defect or damage. Where a defect involves a fault inherent in the design of the Equipment and Software the Supplier shall at his own expense promptly carry out such re-design as may be necessary to prevent a recurrence of the defect and upon completion of such re-design shall rectify the fault in the Equipment and Software. Any such re-design shall be accomplished in such a manner as to ensure that the performance and operation of the Equipment and System Software is not down-graded by virtue of such re-design from the standard as accepted by the Purchaser under Clause 2.20 (Acceptance Tests). The Warranty Period of twelve calendar months shall thereupon be renewed in respect of the Equipment and Software or any portion thereof subject to such re-design and rectification. If the replacements or renewals are such that they may affect the performance of the Equipment and Software or any portion thereof, the Purchaser may within one calendar month of such replacement or renewal give to the Supplier notice in writing requiring that the Acceptance Tests be made in which case such tests shall be carried out as provided in Clause 5.1. 2.10 Use of Subcontractors To implement the Contract scope, the Contractor is limited to using only the subcontractors identified in its tender for the corresponding part of the Contract scope as stated in the Contractor’s tender for each such subcontractor. Any change of subcontractor without the prior written consent of the Contracting Entity shall be considered to be a breach of contract. If a subcontractor is found by the Contracting Entity or by the Project Manager to be incompetent in discharging its duties, the Contracting Entity or the Project Manager may request the Contractor forthwith, either to provide a new subcontractor with qualifications and

Electricity Authority of Cyprus (Tender No. 5/2016)

Code: E_ΥΑ_082_1.0

experience acceptable to the Contracting Entity as a replacement, or to undertake itself the performance of the services. 2.11 Confidentiality – Non Disclosure All documents, data and information which the Contractor receives from the Contracting Entity as part of its contractual obligations or of which it becomes aware on account of its contractual relation with the Contracting Entity or which are the result of studies, tests or research conducted during the Contract or for the purposes of the execution thereof, are confidential and shall only be used for the purposes of this Contract. The Contractor is not entitled to publish or disclose such information and data to any third party, save only to the persons employed by it or associated with it who are directly involved with the contents of the Contract and with the performance of its Scope, and shall ensure that such employees are informed of and agree with the confidentiality obligation, the Contractor being further obliged to impose such obligation to its subcontractors, if any. The Contractor shall not make any public statements regarding the Contract scope or the services that it provides. 2.12 Replacement of personnel The Contractor shall not make changes to the personnel agreed under the terms of the Contract without notifying the Contracting Entity, which may oppose such a change on the basis of the Contract. Moreover, in the course of the execution of the Contract and on the basis of a written and justified request, the Contracting Entity may request a replacement if it considers that a Project Team member is inefficient or does not perform its duties under the Contract. Where a Project Team member must be replaced, the replacement must possess at least equivalent qualifications and experience. 2.13 Delay in Completion and/or Delivery The following shall apply: (i) If the Contractor fails to complete the Contract and/or to deliver any part thereof within the time fixed by the Contract or if no time is fixed by the Contract then within the time fixed by any Purchase Order or Purchase Orders issued by the Contracting Entity, or where this is applicable and provided for under the Contract within any extension of time agreed and granted by the Contracting Entity, due to any reason or cause, other than force majeure, there shall be deducted from the Contract Price one and one quarter per cent (1,25%) of the price for the quantities the delivery of which is delayed and/or for such sections of the Contract works which in the opinion of the Contracting Entity are unable to be used for the purpose intended in the Contract by virtue of such delay in completion as the case may be, for every whole week of delay (for less than a week no deduction will be made). It is hereby agreed that the said deduction shall not exceed five per cent (5%) of the total Contract price and as such is hereby agreed by both parties that the deduction represents and constitutes reasonable compensation for such delay in completion or delivery. (ii) Without prejudice to the aforesaid in case of delay longer that thirty (30) calendar days in completion and/or in one or more deliveries, the Contracting Entity reserves the right to terminate the present Contract by written notification to the Contractor and claim forfeiture of the Performance Guarantee, if any, in addition to and without prejudice to all other rights in damages the Contracting Entity may have under the terms of the present Contract.

Electricity Authority of Cyprus (Tender No. 5/2016)

Code: E_ΥΑ_082_1.0

2.14 Contract Value Variation The Contracting Entity reserves the right, at the time of award and/or during the period up to Contract Completion, to increase or decrease by up to twenty (20%) per cent the total value of the Contract without any change in the unit prices quoted or any other terms and conditions. 2.15 Law and Language of the Contract The language of the Contract and of all written communication between the Contractor and the Contracting Entity shall be the English language. Moreover, all matters not covered by the Contract shall be construed and governed in accordance with the laws and regulations of the Republic of Cyprus. 2.16 Stamp Duty The Contractor is liable for any stamp duties that may be imposed in accordance with the relevant laws of the Republic of Cyprus. For successful Tenderers not established in the Republic of Cyprus, the Contracting Entity, on their behalf shall, for convenience purposes, proceed to pay the relevant stamp duty, which will then be deducted from the payment of the Tenderer’s first invoice. Successful Tenderers established in the Republic of Cyprus shall undertake the payment of the relevant stamp duty and return the original stamped document to the Contracting Entity. For your reference, the stamp duty is calculated as follows: • There is zero duty for the first €5.000 of the Contract value. • From €5.001 up to €170.000, the duty is €1,50 (1,5 ‰) for every €1.000 or part of

€1.000. • From €170.000 and upwards, the duty is €2,00 (2 ‰) for every €1.000 or part of €1.000.

The maximum amount (cap) of duty for any Contract is €20.000. 2.17 Construction of Contract The final Contract shall be written and drawn up in the English language however the Contract shall be deemed to be a Cyprus Contract and shall be construed and governed in accordance with the laws and regulations of the Republic of Cyprus. 2.18 Conflict of Interest It is stressed that any manufacturing firm, construction firm, or otherwise with which the Contractor or his representative or local agent is associated with, will not be eligible to participate in bidding for any goods, services or works resulting from or associated with the project of which this consulting assignment forms a part. By way of signature of the Contract to be issued to the Contractor, the Contractor automatically confirms that he will not be associated with any such manufacturing firm, construction firm, etc.

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2.19 Reports – Approval of Reports The Contractor shall submit to the Contracting Entity the following reports on the implementation of Contract scope activities and the results achieved:

• Completion Report: at the end of the Contract implementation period. The report shall be printed out, signed by the Contractor and handed to the Contracting Entity’s Project Manager.

The Completion Report should be submitted in two (2) copies to the Contracting Entity. The approval by the Contracting Entity of the Completion Report shall certify that the deliverables comply with the terms of the Contract. The Contracting Entity shall inform the Contractor of its decision regarding the reports and/or deliverables it has received within fifteen (15) days of receiving them, giving reasons should it reject the reports and/or deliverables or request amendments. The Reports shall be written in Greek or English. 2.20 Contractor's Performance Obligations The Contractor shall remain responsible for any breach of its obligations under the Contract for a period of twelve (12) months after the services have been concluded. The Contractor shall undertake that, if within this period, there is a defect in the performance of the services, or if any of the services executed show defective material or workmanship and notice thereof is given to him, the Contractor will repair and make good the default free of charge or, alternatively, he will replace free of charge the defective part. 2.21 Tax Clearance Certificate All applications for payment to foreign entities, or persons, for services carried out in Cyprus must be accompanied by a Tax Clearance Certificate (Income Tax Form IR25) issued by the Cyprus Commissioner of Income Tax. 2.22 Assignment of the Contract Neither party shall assign or transfer the whole or part of the Contract without the prior written consent of the other party. The Contractor shall not assign its right to any monies due from this Contract without the prior written consent of the Employer, which shall not be unreasonably withheld or delayed. The Employer does not recognise nor accept to undertake any financial obligation in respect of assignments that have been carried out by the Contractor to third parties either (i) before the Contract award date, or (ii) after the Contract award date without having secured in advance the written consent of the Employer. Any such assignment of the Contract or of the financial obligations under the Contract, or any part thereof, shall not relieve either party from all or any of its obligations under the Contract.

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SECTION 3- GENERAL INFORMATION

3.1. The Electricity Authority of Cyprus (EAC) is a vertically integrated Organisation carrying out the Activities of Generation, Transmission, Distribution and Supply of Electricity.EAC has Area Offices in Nicosia, Limassol, Larnaca and Paphos.

3.2. EAC carries out non-regulated Activities such as Street Lighting Maintenance, the operation of a Meter Repair and Test Centre, the provision of Installation Inspection services, rental of its cable infrastructure to third parties, a desalination plant a PV park and in the future will extend its activities to other projects. These projects are at present managed/operated by EAC personnel.

3.3. EAC has at present the following organisation structure.

3.3.1. Generation Business Unit (B.U.) ( 3 Power Stations and a department at Head Office).

3.3.2. Supply Business Unit.(Head Office and presence in all 4 Area Offices)

3.3.3. Transmission System Owner Unit.(Head Office and presence in all 4 Area

Offices)

3.3.4. Distribution Unit, which is divided into

3.3.4.1. Distribution System Owner Unit.(Head Office and 4 Area Offices) with a subunit for Meter Ownership

3.3.4.2. Distribution System Operator Unit.(Head Office and presence in all 4

Area Offices) with a subunit for Meter Reading

3.3.5. Non-Regulated Activities

3.3.6. A Corporate Centre (Head Office) comprising of a Corporate Finance Unit divided into 2 Departments and the following separate Departments:

• General Management which is divided to 4 sections • Strategic Planning • Human Resources • Internal Audit • Information Technology

The 4 Areas carry out work relating to Transmission (System Owner), Distribution System Owner, Distribution System Operator, Supply of electricity and other non-regulated activities such as Street Lighting Maintenance, the provision of Installation Inspection services. EAC is currently undergoing a reorganization of its organizational structure in order to comply with the recent decision (4/2014) of the Cyprus Energy Regulatory Authority (CERA) for operational Unbundling therefore the System must be able to accommodate changes in the Organisational Structure.

3.4. EAC has in operation the accounting system SAP R/3 which is capable of assigning

all costs, revenues, assets and liabilities to the different Activities. The present SAP

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system reflects the EAC Organisation Structure in order to issue Profit & Loss and Statement of Financial Position (Balance Sheet) for each of the following Activities:

• Generation - Includes the Profit centres of the 3 Power Stations and the

Generation department at Head Office.

• Transmission System Owner - Includes the relevant Profit centres of the 4 Areas and the Transmission System Owner at Head Office. (Note: EAC provides the necessary staff and equipment for The Transmission System Operator (TSOC) which is an independent organization).

• Distribution System Owner - Includes the relevant Profit centres of the 4 Areas and the Distribution System Owner part at Head Office.

• Distribution System Operator (Including the Meter Register, Meter Installation and Meter Reading function) -Includes the relevant Profit centres of the 4 Areas and the Distribution System Operator part at Head Office.

• Supply –Includes the relevant Profit centres of the 4 Areas and the Head Office Supply B.U Department.

• Non-Regulated Activities Additionally the following non-regulated Activities are accounted for in separate Profit centres: o Desalination o Street Lighting Maintenance o Installation Inspection o Meter Repair and Test Centre o Rental of telecommunication cable infrastructure to third parties o Photovoltaic park o Other renewable energy operations o Other Non-Regulated Activities

In the near future these operations may be undertaken by a subsidiary company.

• Corporate Centre

The Costs, Assets and Liabilities of the Corporate Centre (Head Office) are apportioned to the other Activities. The SAP system is also set up to handle income and interactivity charges. The module implemented for this purpose is the Profit Centre Accounting.

3.5. EAC uses a cost centre structure which is based on the present organization structure. Each cost centre is assigned to one of the above Activities only. There are also cost centers which are used to collect common costs which are apportioned to other cost centres each month.

3.6. There is a fixed asset register in the SAP system which records the fixed assets under all Activities (as specified above) based on the Cost centre of each asset.

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The fixed assets are recorded into the following fixed asset control Accounts:

• Freehold Land • Buildings • Plant & Machinery • Lines, Cables and Services • Metering & Ripple Control Equipment • Motor Vehicles & Mobile Plant • Furniture, Fittings & Office Equipment • Tools & Instruments • I.T. Hardware & Software

3.7. Customer Capital Contributions – Customers pay for part of the cost of physical

extensions required to be made to the network in order to be connected and/or to buy kVA share (more power). The network remains the property of EAC and the actual cost becomes part of its fixed assets which are depreciated based on their useful life. The payments received from the customers are termed “Customer Capital Contributions” and they are treated and recognised as deferred income (long term liability) amortised over 33 years. The split of Customer Capital Contributions is 95% to Distribution System Owner and 5% to Transmission System Owner.

3.8. Stocks of fuel, materials and spares are recorded in the SAP system. Reports may be extracted showing the materials and their cost per Activity. Items which are common to more than one Activity are recorded separately and their cost is allocated to all Activities.

3.9. Accounts payable and accounts receivable are allocated to the Activities automatically by the system

3.10. Short term and Long Term Loans received until 31/12/2013 are depicted in the Accounting System under the Corporate Center and then allocated to all EAC Activities. Loans received after 31/12/2013 are charged to the Activity for which the loan is acquired.

3.11. Other balance sheet accounts not directly related to a specific activity are kept on a Corporate basis and are allocated to the Activities. The System must be able to handle the allocation rules.

3.12. EAC uses a chart of accounts which is common to all Activities.

3.13. Allocation rules for Common Assets/Liabilities/Costs/Income. Some Balance

Sheet and Profit and Loss accounts must be allocated to all EAC Activities by applying rules defined by EAC. Existing rules have been incorporated into the SAP R/3

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SECTION 4 – TERMS OF REFERENCE Group A: The successful Consultant is expected to Install and Configure SAP BPC in such a way to fulfill the System General Requirements for Budgeting and Long Term Budget (5 and 10 year) Model Requirements (the System). Group B: The Tenderer shall also provide 15 BPC software licenses (10 Professional and 5 Standard) and their Maintenance for a period of 7 years. EAC reserves the right to increase the number of licenses at the quoted prices. The Tenderer must fill-in schedules TS4 and TS5 with the system requirements and the answers noting any deviations from the System Requirements and explain in detail how he proposes to solve the problem in the same schedule.

4.1. SYSTEM GENERAL REQUIREMENTS

4.1.1. EAC decided to install the SAP BPC module in order to perform the following:

(i) Produce directly from the System the consolidated Financial Statements of EAC on a monthly basis.

(ii) Produce directly from the System the Unbundled Financial Statements in the format required by CERA on a monthly basis.

(iii) Produce directly from the System the Financial Statements for each activity

separately on a monthly basis.

(iv) Produce directly from the System a comparison of the budget with actual figures per Activity on a monthly basis.

(v) Incorporate the annual budgeting procedure and produce annual budgets from

the System as required by the current legislation.

(vi) Incorporate the procedure for the production of long term budgets (Five year and ten year) and produce from the System long term budgets by activity and consolidated on a yearly basis. The figures calculated in the annual budget should be incorporated in the first 2 years of the long term budget. The System should be able to produce monthly forecasts for the first two years of the long term budget.

(vii) Produce directly from the System a comparison of the budgeted figures of the

long term budget with the actual figures from the ERP system on a monthly/ yearly basis by Activity and consolidated.

4.1.2. Consolidated Financial Statements of EAC on a monthly basis 4.1.2.1. The System should be able to produce Profit & Loss, Statement of

Financial Position (Balance Sheet), Cash Flow Statement and the Notes to the Financial Statements as presented in the Annual Financial Statements on a monthly and yearly basis.

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4.1.2.2. The relevant information must be extracted from the General Ledger module of SAP R/3.

4.1.3. Unbundled Financial Statements

4.1.3.1. The System should be able to produce Profit & Loss, Statement of Financial Position (Balance Sheet), Cash Flow Statement and the relevant Notes in the format specified by the CERA’s decision 02/2014 on a monthly and yearly basis.

4.1.3.2. The relevant information must be extracted from the Profit Centre Accounting module of SAP R/3.

4.1.4. Financial Statements for each activity

4.1.4.1. The System should be able to produce Profit & Loss, Statement of Financial Position (Balance Sheet) and Cash Flow Statement for each Activity on a monthly and yearly basis.

4.1.4.2. The relevant information must be extracted from the Profit Centre Accounting module of SAP R/3.

4.1.4.3. The System must provide the facility for the user to select the comparative figures to be presented ie corresponding period of the previous year, total previous year or budgeted figures (as per specific version of the long term budget).

4.1.5. Budget Vs Actual comparison

4.1.5.1. The System should be able to produce Budget vs Actual comparison for each Activity on a monthly and yearly basis.

4.1.5.2. The relevant information must be extracted from the Funds Management module of SAP R/3.

4.1.5.3. The System should provide the facility for temporary adjustment to be made on the Actual figures. Eg Provisions for expenditure not yet entered in the ERP system. These adjustments will be eliminated when the necessary postings are entered in the ERP system.

4.1.6. Budgeting procedure

4.1.6.1. The System should be able to accommodate the Annual budgeting procedure and produce a budget for the entire organization in the specific form suitable for submission to the House of Representatives for approval. Additionally a Budget for each Activity must be produced in the same form.

4.1.6.2. The annual budgeted figures must be broken down to monthly figures based on parameters to be entered in the system.

4.1.6.3. The budgeting procedure includes the production of the budget by each Business Unit which is approved on a Business Unit level.

4.1.6.4. The individual Budgets are then consolidated and follow a corporate procedure of approval ie Approval by the Finance Manager, the General Manager, Finance Committee, Board of Directors, Ministry of Energy, Commerce, Industry and Tourism, Ministry of Finance, Council of Ministers and finally by the House of Representatives. For each approval step a different version of the Budget must be created.

4.1.6.5. Detail description of the budget calculations is stated in 4.2 below.

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4.1.7. Long term budgets (5 and 10 year)

4.1.7.1. The System should be able to accommodate the Long Term budgeting procedure and produce a budget for the entire organization in a form similar to the annual budget. Additionally a long term budget for each Activity must be produced in the same form.

4.1.7.2. The figures for the first 2 years of the long term budget must be broken down to monthly figures based on parameters to be entered in the system (same as 4.1.6.2).

4.1.7.3. The long term budget procedure includes the production of long term budget by each Business Unit which is approved on a Business Unit level.

4.1.7.4. The individual Budgets are then consolidated and follow a corporate procedure for approval ie Approval by the Finance Manager, the General Manager, Finance Committee and finally by the Board of Directors.

4.1.7.5. Detail description of the long term budget calculations is stated in 4.2 below (same as for the annual budgeting procedure).

4.2. BUDGETING AND LONG TERM BUDGETING MODEL

4.2.1. GENERAL FACILITIES

The Financial Model should have the capabilities to handle, amongst other things at least the following:

4.2.1.1. The electricity regulated business (Generation, Transmission, Distribution and Supply) of EAC separately from its non-regulated business either such business is carried out by EAC or its subsidiaries, and consolidates all the business as one business unit.

4.2.1.2. Ability to take actual amounts of past years from the SAP R/3 system

automatically.

4.2.1.3. It should be user friendly and capable of accepting amendments in order to cope with future changes in the environment. EAC personnel to be trained by the consultant for this purpose.

4.2.1.4. Inflation – All costs and prices will be entered at today’s prices. The

Financial Model should be able to apply different annual inflation rates to groups of expenditure such as capital expenditure, fuel, salaries and other groups of user defined expenditure.

4.2.2. TARIFFS AND INCOME

4.2.2.1. The Financial Model should be able to calculate the tariffs for Generation, Transmission Use of the System (TUoS), Distribution Use of System (DUoS) at Medium voltage and Low voltage, and Supply for the electricity business of EAC according to the Cyprus legislation and the Directives issued by CERA. It should be able to handle transfer prices between the Activities of

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Generation, Transmission, Distribution and Supply taking into consideration system losses at the various stages. It should also accept other incomes which are by-products of the electricity business such as income from the sale of scrap (wires, cables etc), sale of old fixed assets, replacement of fuses. Additionally the model should be able to handle the Income of Non-Regulated Activities such as income from the maintenance of street-lighting for the Municipalities etc.

4.2.2.2. In addition, ability to handle the charges and income from Long Term

Capacity Reserve Margin and Ancillary Services such as operating margin, voltage control, frequency control, system support etc, which are provided by the Generators to the Transmission System Operator of Cyprus (TSOC). These services have to be paid for by the TSOC but they will be charged to the Suppliers (including EAC Supply Activity). The Regulator has developed separate charges for a) Long Term Capacity Reserve Margin and b) Ancillary Services which should be taken into consideration in the handling of the income of the Generation Activity and the allowable Income of the Supply Activity of EAC.

4.2.2.3. For information purposes under the Cyprus legislation, for the calculation

of the tariffs for Generation, Transmission and Distribution, the allowable costs are all the operating costs of these Activities including their share of expenditure from the Corporate Centre plus the depreciation charge for the year. In addition a return on Average Capital Employed (ACE) is allowed which is 8% for Generation and 6% for Transmission and Distribution. The ACE consists of the net fixed assets at historic values excluding work in progress, less the Capital Contributions (Deferred Income), plus the working capital (ie stocks plus receivables less payables) with adjustments. For the Activity of Supply instead of return on ACE a margin of 20% is allowed on the operating costs (excluding bad debts). Please note that the finance costs (interest on loans etc), dividends and the like are covered by the return on ACE.

4.2.2.4. Calculation of the Average Capital Employed (ACE) for each Activity. The

calculation parameters must be user defined so as to allow for variations when calculating the ACE.

4.2.2.5. Ability to handle the existing approved tariffs which may be different from

those which are allowed by the Cyprus legislation and calculate the income from these tariffs which in effect is the expected actual income of EAC. Additionally the System must be able to calculate prices and income based on the methodology approved by CERA (Cyprus Energy Regulatory Authority).

4.2.2.6. EAC’s current tariffs comprise of basic tariff on an assumed base fuel

price of €300 per metric ton, plus a Fuel Adjustment Coefficient (Fuel Adjustment Clause).The basic price of a unit (KWh) charged shall be increased or decreased by the value of the Coefficient of Fuel Adjustment currently in force, for every 5 cent increase or decrease in the basic price of €300 per metric ton of fuel cost, which cost shall be defined by EAC for the period, based on the purchase price of fuel. Different coefficient is applied to each level of voltage supply (High, Medium Low)

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The Coefficient is the Efficiency Factor in the fuel adjustment clause which reflects the average efficiency of all EAC generation units and which may change from year to year according to the increase/decrease in the average efficiency of the generating units.

4.2.2.7. Calculations should be made by the Model showing the difference

between the amount attributed to the true efficiency factor of the generating units and those recovered through the tariffs which were approved by the Regulator (which may be different).

4.2.2.8. Produce a report comparing the tariffs calculated per paragraph 4.2.2.3

above ie according to the Cyprus Regulations, compare them with the existing tariffs and show the increase or decrease required to the existing tariffs.

4.2.2.9. Calculate the Income of the non-regulated business of EAC, either such

business are carried out by EAC or its subsidiaries and consolidate the income of all the Activities regulated and non-regulated.

4.2.3. ELECTRICITY DEMAND AND GENERATION OF UNITS

The following information will be imported into the Financial Model by the user as

follows:

4.2.3.1. The Financial Model should be able to handle electricity generated by EAC, by independent Power Producers (IPPs), from Renewable Energy Sources (RES) generated by EAC or by third parties etc. It should be able to handle electricity demand growth rates.

4.2.3.2. Ability to handle transfer of the units generated by the various sources

described above through Transmission, Distribution and Supply to customers calculating the losses at each stage.

4.2.3.3. Ability to handle for each Power Station of EAC the following:

• The generating capacity by type of generation unit in MW eg Steam,

CCGT, GT, ICE, etc.

• The generation output (MWh) and fuel consumption quantities (in MT or alternative unit of measurement) by type of generation unit eg steam-HFO, steam-NG, CCGT-Gasoil, CCGT-NG, GT-Gasoil, GT-NG, ICE-HFO, ICE-NG etc.

• From the information of the above paragraph the Model should calculate the efficiency of each unit in kg/kWh for each type of generation unit and fuel used.

• Calculation of the house use of power by Power Station by a percentage inserted by the user.

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• Other losses determined by the user.

4.2.4. FUEL COST

4.2.4.1. The Financial Model should be able to handle the various types of fuel used by EACs generation units eg HFO with various contents of sulphur, NG, Gasoil etc.

4.2.4.2. The cost of fuel used in the calculations in the long term budget is in Euro

per Metric Ton. In addition it should accept costs such as transport, insurance etc that are added to the basic cost of fuel in order to arrive at the final cost per metric ton to EAC tanks.

4.2.4.3. The cost of fuel should be split into the basic cost of fuel which is used in

the electricity tariffs which now is €300 per metric ton and which may change in future, and the cost of fuel which is over the base price.

4.2.5. NUMBER OF PERSONNEL AND LABOUR COST

4.2.5.1. The Financial Model should be able to handle the number of employees according to the organisational structure as described in paragraph 3.3 above, as well as their labour cost and calculate the average salary per employee. The number of employees and the labour cost for the annual budget is calculated by a different system. This system is able to forecast labour cost per employee for a period of 5 years. These forecasts should be imported in the Financial model system per employee.

4.2.5.2. Ability to allocate personnel and their labour cost to the Activities by rules

defined by the user.

4.2.5.3. Accept additional costs such as employer’s contributions to various funds and apportion such costs to the labour cost.

4.2.5.4. Apportion the labour cost by Activity to Capital expenditure and Operating

costs by percentages / values defined by the user.

4.2.5.5. Accept increases/decreases of wages broken down to eg Labour Union agreements, scale increases, bonus, as well as inflation.

4.2.5.6. Accept scenarios on flat or targeted reduction in employee numbers

4.2.6. OPERATING COSTS

4.2.6.1. The Operating Costs should include at least the cost items specified in

the budget submitted to the House of Representatives. It should also be possible to add or delete items.

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4.2.6.2. It should be possible to separate the operating costs into fixed and variable.

4.2.6.3. It should be possible to apply annual increases to each cost item

individually which is due to increase in volume or other expected increases plus price increases due to inflation.

4.2.6.4. It should be possible to form groups of operating costs for presentation in

the Profit and Loss a/c or Management reports.

4.2.6.5. Capability to calculate the purchase cost of RES broken down into its various components eg basic cost, fuel adjustment etc. The purchase of RES could be made at the Transmission network or Distribution 11kV or LV network from generation coming from Wind, Solar, Photovoltaic, Biomass etc. The Model should accommodate the above in its calculations.

4.2.7. ALLOCATION OF CORPORATE CENTRE COSTS

The Financial Model should be able to allocate the operating costs of the various Business Units and departments of the Corporate Centre as listed in paragraph, 3.3 above to the regulated Activities and the non-regulated, using user defined allocation rules such as number of personnel, labour cost, number of personal computers, percentages etc, for each Business Unit and department.

4.2.8. FINANCE COSTS

EAC at present operates a centralised treasury and cash management system based in the Financial B.U. at Head Office. For this reason finance costs (interest, exchange differences and the like) are kept in the Corporate Centre and are then allocated to the Activities according to their Capital Employed. However, the Financial Model should have the facility to transfer the finance costs directly to each Activity when new loans are assigned directly to the Activities.

4.2.9. ΤΑΧΑΤΙΟΝ

4.2.9.1. Facilities should exist to handle various annual taxes at rates defined by

the user.

4.2.9.2. Facilities should also exist to calculate and handle deferred taxation.(see 4.2.10.3 below)

4.2.9.3. Taxation should be calculated for EAC as a whole and on an Activity

basis.

4.2.10. CAPITAL EXPENDITURE

4.2.10.1. The Financial Model should be able to accept new capital expenditure by Power Station, Activity and Non-regulated business broken down into the asset groups described in paragraph 3.6

CODE:TD0102/1.1 Section 4, Page 11/14

above. It should also have the facility to allocate common capital expenditure such as Information Technology, buildings etc to the Activities using allocations rules defined by the user.

4.2.10.2. Calculation of Work in Progress as well as capitalization of the work in

progress, should be possible for each fixed asset group based on rules defined by the user.

4.2.10.3. Ability to forecast depreciation of existing and new fixed assets using

depreciation rates based on the number of years of the lifespan of the fixed assets or on a percentage. Also ability to handle future disposal of either fully or partly depreciated fixed assets. The Model must perform two depreciation calculations, one for Tax purposes (Taxation Depreciation Area) using the relevant depreciation methodology and one for accounting (Accounting Depreciation Area) using the methodology applied based on International Accounting Standards. These calculations will also be the basis for Deferred Tax calculation

4.2.10.4. Ability to take the actual values of the existing fixed assets from the SAP

R/3 system i.e. by downloading as well as their future depreciation charge per year, for both Depreciation Areas, automatically.

4.2.10.5. Capability to create loan financing for the new fixed assets by Activity

using rules defined by the user.

4.2.11. CUSTOMER CAPITAL CONTRIBUTIONS –DEFERRED INCOME

Capability to handle the Customer Capital Contributions (Deferred Income) as described in paragraph 3.7above. The annual amount amortised should be possible to be treated either as other income or as a deduction from the annual depreciation charge of the fixed assets. The Model must perform two amortization calculations, one for Tax purposes (Taxation Depreciation Area) using the relevant depreciation methodology and one for accounting (Accounting Depreciation Area), using the methodology applied based on International Accounting Standards. These calculations will also be the basis for Deferred Tax calculation.

4.2.12. DEBTORS, STOCKS AND CREDITORS

4.2.12.1. Capability to handle the above accounts by Activity (imported/

downloaded from SAP R/3)and also allocate amounts that are common to all Activities and the Corporate Centre to the other Activities using rules defined by the user.

4.2.12.2. Each of the accounts should be broken down into groups, eg the Debtors

into trade debtors, prepayments, other debtors etc, Stocks into fuel, strategic, base, and normal stocks etc and Creditors into fuel, VAT, Interest, trade creditors etc.

4.2.12.3. It should be possible to forecast their future values using rules defined by

the user, eg number of days of sales due, percentages etc.

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4.2.13. FINANCING REQUIREMENTS AND LOANS

4.2.13.1. Capability to create loan financing for the new fixed assets as mentioned in paragraph 4.2.10.5 above, and in addition should have facilities to estimate the overall EAC financing requirements and create loans and bank overdrafts using rules defined by the user. The loans and overdraft facilities should be able to be assigned to specific Activities or overall for EAC (Corporate Centre). Amounts assigned to the Corporate Centre must be allocated to the activities based on the needs of each Activity.

4.2.13.2. Facilities to handle at least the following in respect of existing and future

loans and financing facilities:

4.2.13.2.1. Interest calculation based on fixed or variable interest rates plus other charges fixed or variable.

4.2.13.2.2. Loan repayment and grace periods. 4.2.13.2.3. Loans at different currencies and loan conversion to Euro. 4.2.13.2.4. Calculation of exchange rate differences realised and unrealised.

4.2.14. BALANCE SHEET ACCOUNTS COMMON TO ALL ACTIVITIES

Balance Sheet accounts that are common to all Activities and are kept under the Corporate Centre, such as Loans, Tax, Reserves etc should be able to be allocated to the other Activities using rules defined by the user. It should be possible to pay dividends or make other distributions from the company Reserves.

4.2.15. FINANCIAL STATEMENTS

4.2.15.1. Financial Statements, ie Profit & Loss Accounts, Statement of Financial

Position (Balance Sheets) and Cash Flow Statements should be possible to be prepared by the Financial Model for each electricity business Activity and then consolidated into the total EAC electricity business. The above financial statements should show for each Activity the yearly figures (each column represents one year).

4.2.15.2. Additional Statements should be prepared that show the figures for the

electricity business for each year broken down into the Activities.

4.2.15.3. The above financial statements should be prepared for 5 year period and 10 year period and should also show the previous 2 years actual results.

4.2.15.4. In addition for the Non-electricity business similar financial statements

should be prepared for each project/business or whatever the case may be.

4.2.15.5. The individual income and expenditure items and accounts to be shown in the Financial Statements as well as their layout would be discussed and agreed before the commencement of the implementation.

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4.2.16. MANAGEMENT REPORTS

4.2.16.1. Management reports should be produced which cover at least the

following:

4.2.16.2. Operating costs per Power Station and per Activity broken down into major cost items such as fuel, labour cost, maintenance, depreciation etc, as defined by the user and their percentage to the total cost. It should be possible to add and deduct cost items or group them.

4.2.16.3. Similar to the above report layout but to show the cost per kWh

generated, passed through the network or sold as the case may be. System losses should be taken into consideration as well.

4.2.16.4. Reports that show generation by type of generating unit and fuel used (eg

steam-HFO, steam-NG, CCGT-Gasoil, CCGT-NG,GT-Gasoil ,ICE-HFO, etc.), for each Power Station and their share to total EAC generation. Also with the same detail reports that show the fuel consumption rates, fuel cost in total and per kWh, fuel quantities used and generating capacity.

4.2.16.5. Reports that show the number of employees and their labour cost

according to the EAC Organisation structure as described in paragraph 4.2.5above, as well as per Activity.

4.2.16.6. It should be possible to generate other reports that can be of use to

Management.

4.2.17. FINANCIAL RATIOS

Financial Ratios should be calculated for each Activity and EAC as a whole which include at least the following:

• Return on Capital employed • Return on Capital employed as per CERA regulation • Return on Fixed Assets • Return on Equity • Return on Revenues (Operating Profit, Net Profit to Sales etc) • Debt/Equity Ratio • Debt Coverage Ratio • Self-Financing Ratio • Current Ratio • Interest Cover • WACC • ROIC (EBIT after tax to Capital Employed) • Etc

The facility should exist to calculate new ratios as the need arises.

CODE:TD0102/1.1 Section 4, Page 14/14

4.2.18. GRAPHICAL ANALYSIS

Capability to produce graphical analysis of selected Management Reports and Financial Ratios described in paragraphs 4.2.16 and 4.2.17 above, as well as other data defined by the user.

4.2.19. SENSITIVITY ANALYSIS

Capability to perform sensitivity analysis and show their financial impact and on the tariffs by changing factors such as:

• Inflation rates • Interest rates • Fuel prices • Unit sales • etc

4.2.20. COMPETITION

The Financial Model should be able to handle competition either from Renewable Energy Sources or from major generators. It should be taken into consideration that the Activities of Transmission and Distribution are a physical monopoly and EAC will not lose any income from these Activities due to competition.

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SECTION 5 – Further requirements 5.1 Acceptance Tests The Supplier shall give the Purchaser in writing seven (7) days’ prior notice or such shorter notice as may be agreed, of the date when he will be ready to commence the Acceptance Tests in order that the Purchaser may carry out the said tests. Unless otherwise agreed, the tests shall take place on the said date(s) or on such alter date(s) as the Purchaser shall notify the Supplier in writing. Unless otherwise specified, the Supplier shall provide all necessary test equipment, labour and things of all kinds required to enable the Purchaser to carry out the Acceptance Tests. If the Acceptance Tests are delayed by the act or default of the purchaser for more than one month from the agreed date for testing in accordance with the Programme of Work, the Equipment and Software or the relevant parts of the Equipment and Software shall be deemed to be accepted for payment purposes only. If the Equipment and Software or any portion thereof fails to pass the Acceptance Tests, repeat tests shall be carried out within a reasonable time upon the same terms and conditions but at the sole expense of the Supplier. In the event that the repeat tests show that the Equipment and Software are not in accordance with the Contract, then the Purchaser shall have the right to: i. Require the Supplier to supply, free of charge, such additional or replacement

Equipment and Software or Services as may be necessary to enable the Equipment and Software to pass the Acceptance Tests, or

ii. Accept and retain such of the Equipment and Software as he may consider expedient at such reduced price as may be agreed between the Purchaser and the Supplier, or

iii. Reject the Equipment and Software where it is not in accordance with the Contract, in which case such software shall not be considered as having been delivered under the terms of the Contract and the Supplier shall be responsible to remove such Software at his own expense. Under these circumstances the Purchaser reserves the right to obtain the rejected Software from an alternative source and claim from the Supplier all additional costs incurred.

5.2 Acceptance Certificate(s)

As soon as the Project is completed in accordance with the Contract and has passed the Acceptance Tests, the Purchaser shall issue an Acceptance Certificate which will state the Acceptance Date for the Project or part thereof and which will state also any outstanding defects which the Supplier undertakes to rectify without delay. With the issue of this Certificate, the Warranty Period Commences. At the completion of the Warranty Period (see clause 2.19) a Final Acceptance Certificate shall be issued.

5.3 Outstanding work

The Contractor shall rectify or complete to the reasonable satisfaction of the Purchaser within the time stated in the Acceptance Certificate and Final Acceptance Certificate any outstanding items of work noted as requiring rectification or as incomplete. In the event the Contractor fails to do so, the Purchaser may arrange for the outstanding work to be done and the Cost thereof shall be certified by the Purchaser and deducted from the Contract Price.

CODE:TD0102/1.1 Section 5, Page 2/3

5.4 Maintenance If required by the Purchaser before the end of the Warranty Period the Supplier shall enter into a separate contract for maintenance of the Equipment and Software on terms and conditions to be agreed. In respect of maintenance to be provided for the Software the following services should be included: 5.4.1.1 Routine preventive maintenance on a quarterly basis during which the

Supplier shall check and test the operational state of the Software. A report signed by the Supplier showing in detail all tests and inspections carried out during the maintenance visit shall be forwarded to the Purchaser within a week from the date of such visit.

5.4.1.2 A 24 hour breakdown repair service including Saturdays and Sundays and official public Holidays.

5.4.1.3 Replacement of any faulty Software with a new one within two days when the fault is identified and it cannot be repaired.

5.4.1.4 Three hours guaranteed response time including travelling time. 5.4.1.5 Continuous work until the reported faults have been remedied. 5.4.1.6 A record of the routine maintenance and breakdown visits must be kept by

the Supplier. This record shall contain a brief description of the maintenance and repairs carried out, and shall be submitted to the Purchaser at the end of each 12 month maintenance period.

5.4.1.7 New updates and/or releases of software products under maintenance. 5.4.1.8 New manuals of software products under maintenance. 5.4.1.9 Installation of the new updates and/or releases. 5.4.1.10 Newsletters if and when available. 5.4.1.11 Telephone and site support.

The duration of the maintenance agreement of the Equipment and Software to be provided pursuant to this clause will be for the first five years following the Warranty Period. The quoted maintenance costs are inclusive of all labour, materials, travelling etc and shall be payable by the Purchaser six-monthly in arrears upon the production of a proper invoice by the Supplier.

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SECTION 6 –Technical Specifications 6.1 Description of current System

EAC has 2 data centers the EAC primary and the EAC Disaster Recovery. In both sites the following hardware and network infrastructure has been implemented:

• Intel Based Cisco UCS 5108 Blade Chasis with Blade Servers B200-M3 and with 1x UCS-6248 FI

• Unified Cisco Nexus data center network solution with 10G links (for both the IP, FCOE ).

• VMware virtualization platform Netapp FAS3250 System The communication between the 2 sites is implemented with 2 10G layer 2 links through a EAC owned MPLS backbone network. The operating system for the proposed solution should be based on Redhad Linux VMs. SAP Database is Oracle Version 11.2.02 (non-unicode) CC&B Database is Oracle Version 9.2.08 (Unicode). GIS Database is Oracle Version 11.2.02 (Unicode). By the end of the year it will be upgraded to 12.1.02.

6.2 Technical Work to be done by tenderer

The successful Tenderer will have the responsibility for the following technical work:

i. Fresh Installation of Netweaver BW 7.40 ii. Activation of relevant cubes in BW iii. Connection of Netweaver BW with SAP applications. iv. Provide the interfacing between the Netweaver BW and the BPC where

relevant. v. Connection of Netweaver BW with the current Billing System (non SAP

system) vi. Connection of Netweaver BW with Budget System on SQL Server vii. Connection of Netweaver BW with GIS System if relevant. viii. It is the responsibility of the successful tenderer to implement the disaster

recovery scenario using the Oracle Data Guard functionality for the BW database server and the VMware Site Recovery Manager for the Application servers.

EAC IT will provide the required hardware resources (CPU, RAM, OS licenses, ) and the required storage. All the work mentioned in clause 6.2 should start after the Unicode conversion of the system which is expected to be completed by 31/03/2016. EAC will not be liable for any costs in the case of delay of the completion of the Unicode conversion.

CODE:TD0102/1.1 Section 6, Page 1/7

SECTION 7 –SCHEDULES

(Technical schedules shall be submitted in the envelope marked «TECHNICAL PROPOSAL» and the financial schedules shall be submitted

in the envelope marked «FINANCIAL PROPOSAL»)

CODE:TD0102/1.1 Section 6, Page 2/7

TECHNICAL ENVELOPE: TS1 GENERAL INFORMATION

TS2 FIRM STRUCTURE AND HISTORY

TS3 APPROACH AND EXPERIENCE

TS4 PROJECT ORGANIZATION & IMPLEMENTATION PROGRAMME

TS5 PROPOSED METHODOLOGY

TS6 PROJECT TEAM STRUCTURE

TS7 RESOURCES REQUIRED FROM EAC

TS8 PROJECT MANAGER EXPERIENCE, REFERENCE, CV

TS9 KEY PERSONELL EXPERIENCE, REFERENCE, CVS

TS10 PROPOSED TRAINING

TS11 POST GOING LIVE ON-SITE SUPPORT

TS12 POWER OF ATTORNEY

TS13 SAP CERTIFICATION

FORM 1 OFFICIAL STATEMENT OF TENDER SUBMISSION

FORM 2 TENDERER’S PERSONAL SITUATION – SOLEMN DECLARATION

FORM 3 DEVIATIONS/DEPARTURES FROM THE TENDER DOCUMENT REQUIREMENTS

FORM 4 ECONOMIC AND FINANCIAL CAPABILITY

FORM 5 PERSONNEL QUALIFICATIONS

FORM 6 SUB-CONTRACTORS

FORM 7 LIST OF EQUIPMENT AND TOOLS

FORM 8 CHECKLIST – A

FORM 9 TECHNICAL AND PROFESSIONAL ABILITY

FORM 10 CONFIRMATION CONCERNING DOCUMENTS TO BE PROVIDED BY THE SUCCESSFUL TENDERER AFTER AWARD AND BEFORE CONTRACT CONCLUSION

FORM 11 CHECKLIST

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SCHEDULE TS1

INSTALLATION AND CONFIGURATION OF SAP BPC

GENERAL INFORMATION

Name, full address, telephone/fax number, e-mail and website of Contractor: Name and full address of Sub-Contractor/Association (if any)*: * State the specific task(s) that will be undertaken by the Sub-Contractor/Association under this

Tender. Name of Tenderer: ................................................................................................... Signed : ..................................................................................................................... On behalf of: ..........................................................................................................… Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 4/7

SCHEDULE TS2

INSTALLATION AND CONFIGURATION OF SAP BPC

FIRM STRUCTURE AND HISTORY Describe the company’s structure and state the history of the company. Also state achievements and future plans. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 5/7

SCHEDULE TS3

INSTALLATION AND CONFIGURATION OF SAP BPC

APPROACH AND EXPERIENCE Describe at least one successful implementation as per “Section 1, paragraph 1.10.1, (A) The Firm’s General Experience”, and give the following information: Name and address of the customer: Contact Name and contact information: Brief description of the project: Size of project in terms of man/days and cost: Start and completion dates of the project: Resources allocated to the project: Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 6/7

SCHEDULE TS4

INSTALLATION AND CONFIGURATION OF SAP BPC

PROJECT ORGANIZATION & IMPLEMENTATION PROGRAMME Provide the Project Organization & Implementation plan as per clause 2.4, including a time schedule; include milestones and deliverables, resources and resource allocation. (Gantt Chart). Should any deviations from the detailed requirements arise please clearly state in the implementation programme. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 7/7

SCHEDULE TS5

INSTALLATION AND CONFIGURATION OF SAP BPC

PROPOSED METHODOLOGY (FUNCTIONAL REQUIREMENTS) Present a detailed answer to all requirements stated in the RFP document, which should address, fulfil and satisfy the system requirements as stated in “Section 4 – Terms of Reference” of this RFP document. Tenderers are required to respond to all requirements in the order they appear in this tender document. Before each response Tenderers must include the EAC requirement as this is defined in the Tender document. Tenderers must state here if there is any deviation from the requirements. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 1/1

SCHEDULE TS6

INSTALLATION AND CONFIGURATION OF SAP BPC

PROJECT TEAM STRUCTURE

Name Position in Team Subcontractor’s Name (where applicable) CV No.

PROGRAMME MANAGER(if applicable)

1 PROJECT MANAGER

1 PROJECT TEAM

1 2 3 4 5

……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ………………………………………………………………

……………….

………………..

………………..

………………..

………………..

………………………………………… …………………………………………… …………………………………………… …………………………………………… ……………………………………………

………...

………...

………...

………...

………...

Name of Tenderer: ................................................................................................... Signed : ..................................................................................................................... On behalf of: ..........................................................................................................… Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 1/3

SCHEDULE TS7

INSTALLATION AND CONFIGURATION OF SAP BPC

RESOURCES REQUIRED FROM EAC The Tenderer must specify the expected EAC resources, skills and numbers required to support the successful implementation of the project (to appear in Gantt chart). The Tenderer must specify the methods to be used for the transfer of knowledge to the EAC resources involved: Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 2/3

SCHEDULE TS8

INSTALLATION AND CONFIGURATION OF SAP BPC

PROJECT/PROGRAMME(if applicable) MANAGER EXPERIENCE, REFERENCE, CV The Tenderer must state the Project and Programme (if applicable) Manager, his experience in IT projects and must provide reference(s) and CV No. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 3/3

SCHEDULE TS9

INSTALLATION AND CONFIGURATION OF SAP BPC

KEY PERSONNEL EXPERIENCE, REFERENCE, CVs The Tenderer must state the Key Personnel, their experience in similar projects and provide reference and CV Nos. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 6, Page 1/1

SCHEDULE TS10

INSTALLATION AND CONFIGURATION OF SAP BPC

PROPOSED TRAINING State the training recommended for the EAC personnel (IT and users). For each course provide the following information: Course name

Brief description

Duration

Trainer CV No. Number of attendees

Prerequisite skills of attendees

Training documentation

In the CVs please state their qualifications, skills and experience. State any facilities that you may request the Contracting Entity to provide. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 2/13

SCHEDULE TS11

INSTALLATION AND CONFIGURATION OF SAP BPC

POST GOING LIVE (WARRANTY PERIOD) ON-SITE SUPPORT Describe the Post Going Live On-site support services that you are proposing to provide: Identify the consultant who will provide these services and his/her expertise: Bugs/Problems arising within twelve months (Warranty Period) after the acceptance of the system from the EAC shall be corrected free of charge by the Tenderer. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 3/13

SCHEDULE TS12

INSTALLATION AND CONFIGURATION OF SAP BPC

POWER OF ATTORNEY The Tenderer must provide a written Power of Attorney authorizing the Tenderer to sign the Tender: Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 4/13

SCHEDULE TS13

INSTALLATION AND CONFIGURATION OF SAP BPC

SAP CERTIFICATION The Tenderer must provide certification that he is SAP Certified for installing BPC. The Tenderer must provide certification that he is SAP Certified for the sale and maintenance of BPC licenses. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 5/13

FORM 1: OFFICIAL STATEMENT OF TENDER SUBMISSION To: The Purchasing Manager

Electricity Authority of Cyprus Re: Tender Number: 5/2016 Dear Sir, We hereby officially and responsibly declare that:

1. After examining the Tender Document, and since we have a full understanding of the Contract scope, we the undersigned, undertake to commence, execute and complete the Contract in accordance with the Tender Document and the accompanying technical, commercial and financial Offer.

2. In the event of this Tender being accepted, we further undertake to execute the Contract within the time stated in the “Price Schedule and Terms of Quotation” or relevant Form.

3. We agree that our Offer will be valid for a period equal to that referred to in the “Price Schedule and Terms of Quotation”, shall bind us and may be accepted at any time before the expiry of this period.

4. We agree that we shall fully comply with the instructions that will be given by the Project Manager or Responsible Engineer/Officer.

5. We understand that in accordance with the terms and conditions of the Tender Document, in case we:

a. withdraw our offer or part of it after the last day of submission of offers and during the

validity period of the Tender, or

b. have been notified that this Tender has been accepted by the Contracting Entity during the validity period of the Tender

i. we deny or avoid to submit on time any certificate and/or other document

and/or the Performance Guarantee and/or fulfil any other obligations that results from our participation to this Tender or

ii. we deny or avoid to acknowledge and sign the Purchase Order or Value Contract

the following measures may be imposed to us:

i. rejection of the Tender

ii. exclusion from the award of the contract, and

CODE:TD0102/1.1 Section 7, Page 6/13

iii. prohibition from participating in future EAC tenders

iv. any other measures deemed appropriate by EAC, in accordance with the

applicable laws and regulations. We understand that the Contracting Entity is not bound to accept the lowest or any Tender. Signed: ……………………….………………………………........................................…

Name in full: ……………………….………………………………........................................…

Title: ……………………….………………………………........................................…

On behalf of: (Company Name)

……………………….………………………………........................................…

Company Address:

……………………….………………………………........................................…

E-mail Address:

……………………….………………………………........................................…

Tel No.: …………………………………………………………

Fax No.: …………………………………………………………

VAT Reg. No.: …………………………………………………………

Date: …………………………………………………………

(Company Stamp)

Note: In case of a consortium of persons and/or companies, the above details must be filled-in by each member of the consortium.

CODE:TD0102/1.1 Section 7, Page 7/13

FORM 2: TENDERER’S PERSONAL SITUATION - SOLEMN DECLARATION To: The Purchasing Manager

Electricity Authority of Cyprus Re: Tender Number: 5/2016 Dear Sir, We solemnly declare that:

a. We have not been convicted by final judgement of a Cypriot or foreign court for participation in a criminal organisation (as defined in Article 2(1) of Council Joint Action 98/773/JHA), corruption (as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98/742/JHA, respectively), fraud (within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities) or money laundering (as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering, as amended by Directive 2001/97/EC of the European Parliament and of the Council).

b. We are not bankrupt or are in the process of being wound up, have not had our affairs administered by the court, have not entered into an arrangement with creditors, have not suspended business activities and are not in any analogous situation arising from a similar procedure under national laws and regulations.

c. We are not the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations.

d. We have not been convicted by a judgment which has the force of res judicata of any offence concerning their professional conduct.

e. We have not been guilty of grave professional misconduct.

f. We have fulfilled our obligations relating to the payment of social security contributions and of taxes and duties, in accordance with the legal provisions of the country in which we are established, i.e. …………………………, as at the closing date for the submission of tenders.

Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

Notes: In case of a consortium of persons and/or companies, the above details must be filled-in by each member of the consortium. In case any paragraph above does not apply, then suitable arguments/clarifications must be provided in writing together with your Offer.

CODE:TD0102/1.1 Section 7, Page 8/13

FORM 3: DEVIATIONS/DEPARTURES FROM THE TENDER DOCUMENT REQUIREMENTS

I solemnly declare that the submitted Tender fully complies will all terms, conditions and requirements of the Tender Document, including the Specifications and Amendments/Clarifications (if any), with the exception of the deviations/departures stated herebelow.

Clause No.

Details of Deviation/Departure

Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

CODE:TD0102/1.1 Section 7, Page 9/13

FORM 4: ECONOMIC AND FINANCIAL CAPABILITY The Tenderer must provide audited Financial Statements either for the years 2011, 2012, 2013 or for the years 2012, 2013, 2014. The Tenderer is also directed to enter below financial details, as per the requirements of clause 1.20.2 (Economic and Financial Capability) of Section 1 of the Tender Document.

Financial Data

Year: Year: Year: Average Annual

Turnover

.................... .................... ....................

Annual Turnover (in EURO):

Note 1: If the Tenderer relies on the financial capacity of other entities, or if the Tenderer is a consortium of persons, then the above table shall also be completed by all other parties involved. Note 2: The Contracting Entity reserves the right to verify the above figures, either by requesting financial information from the Tenderer or by taking any other measures it deems necessary. Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

CODE:TD0102/1.1 Section 7, Page 10/13

FORM 5: PERSONNEL QUALIFICATIONS

(CV TEMPLATE)

CV No. ……..

Proposed Position in the “Project” Team:

1. First Name/Last Name:

2. Date of birth:

3. Nationality:

4. Family status:

5. Education:

Name of Institution Period of

Attendance Degree / Certificate acquired From To

6. Languages: Mark 1-5 for competence (1 – poor, 2 – average, 3 – good, 4 – very good, 5 – excellent)

Language Reading Writing Speaking

7. Membership of professional bodies: 8. Other skills: (e.g. computer literacy)

9. Present position in the organisation: (State the current employment - position in an Enterprise, Public or Private Sector Organisation, activity as freelance professional etc.)

10. Key qualifications: (State the key qualifications and capabilities of the person as these arise from his professional and other experience to date)

CODE:TD0102/1.1 Section 7, Page 11/13

11. Professional experience record:

Company / Organisation

Period Position Description of Duties*

From To

* Provide a detailed description of duties, so that the relevance to the requested services, and the level of involvement and responsibility, may be established.

12. List of projects similar to the one being put out to tender

13. Other related data/information:

Note: EAC reserves the right, at any stage of the procedure, to check/verify the validity of the information supplied in each CV. To this end, the Tenderer is obligated, if so requested, to submit the required documentary evidence, as appropriate in each case.

Project Title & Value

Implementation dates

(start-completion)

Recipient / Contracting

Entity

Summary description of project

Responsibilities – Duties

CODE:TD0102/1.1 Section 7, Page 12/13

FORM 6: SUB-CONTRACTORS

The Tenderer is directed to enter below the names of sub-contractors, suppliers and/or even manufacturers that will be employed for the Works, if any. Any sub-contractors nominated must have relevant experience.

Process to be sub-contracted

Name and Address of subcontractor

Experience

Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

CODE:TD0102/1.1 Section 7, Page 13/13

FORM 7: LIST OF EQUIPMENT AND TOOLS (IF APPLICABLE)

The Tenderer shall provide below details of the basic equipment and other tools he intends to use for executing the works. It is clarified that all equipment and tools shall be to the highest standards and shall comply with internationally accepted code of practices.

Item No.

Description and basic specification of equipment / tools

Quantity

Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

CODE:TD0102/1.1 Section 7, Page 14/13

FORM 8: CHECKLIST- A (please circle)

According to clause 1.19 (Supporting Documents) of Section 1 of the Tender Document, have all the necessary leaflets and/or illustrations and/or information of the services offered been submitted?

YES NO N/A

According to clause 1.20.1 (Technical and Professional Ability) of Section 1 of the Tender Document, has the relevant information required to undertake the Qualitative and Technical Evaluation been submitted?

YES NO N/A

According to clause 1.20.2 (Economic and Financial Capability) of Section 1 of the Tender Document, has the relevant Form been duly completed and signed? Have audited Financial Statements been submitted?

YES NO N/A

According to clause 1.20.3 (Staffing of Contractor’s Project Team) of Section 1 of the Tender Document, has the appropriate Project Team been submitted?

YES NO N/A

According to clause 1.20.4 (Quality Management System) of Section 1 of the Tender Document, has a valid Quality Management Certificate and the Scope of Work been submitted?

N/A

According to clauses 1.7 (Tender Guarantee) of Section 1 of the Tender Document, has a Guarantee been submitted with the correct expiry date?

YES NO N/A

N/A = Not Applicable Name of Tenderer: …...............................................................................................

Signed: …………………………………………………

On behalf of: (Company Name) …………………………………………………

Date: ……………………….

CODE:TD0102/1.1 Section 7, Page 15/1

FORM 9: TECHNICAL AND PROFESSIONAL ABILITY The Tenderer is directed to enter below similar contracts which the proposed Tenderer is currently implementing or has implemented. Contract

Date

Description of services & Brief Description of Project

Name and Address of Purchaser

Contact Name No. Of Man days

Start Date of Contract

Completion Date of Contract

Share of the contract carried

out by your Company (%)

Contract Price

(clearly state

currency)

Name of Tenderer: …............................................................................................... Signed: …………………………………………………………

On behalf of:

(Company Name) …………………………………………………………

Date: …………………………

CODE:TD0102/1.1 Section 7, Page 1

FORM 10

CONFIRMATION CONCERNING DOCUMENTS TO BE PROVIDED BY THE SUCCESSFUL TENDERER AFTER AWARD AND BEFORE CONTRACT CONCLUSION

The Contracting Entity shall, upon award, request the below documents to be submitted from the successful Tenderer. Failure to submit these documents shall automatically lead to the annulment of the award.

A: Document to be submitted by the successful Tenderer

A “declaration on oath” or “solemn declaration” made by the Contractor before a competent judicial or administrative authority, a notary or a competent professional or trade body in the country where the Contractor is established, proving that the Tenderer has fulfilled his obligations relating to

i. Not being convicted by final judgement of a Cypriot or foreign court

for participation in a criminal organisation (as defined in Article 2(1) of Council Joint Action 98/773/JHA), corruption (as defined in Article 3 of the Council Act of 26 May 1997 and Article 3(1) of Council Joint Action 98/742/JHA, respectively), fraud (within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities) or money laundering (as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering, as amended by Directive 2001/97/EC of the European Parliament and of the Council).

ii. Not being bankrupt or in the process of being wound up, not having

had Contractor’s affairs administered by the court, not having entered into an arrangement with creditors, not having suspended business activities and not in any analogous situation arising from a similar procedure under national laws and regulations.

iii. Not being the subject of proceedings for a declaration of bankruptcy,

for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations.

iv. Not having been convicted by a judgment which has the force of res

judicata of any offence concerning their professional conduct.

v. Having fulfilled Contractor’s obligations relating to the payment of social security contributions and of taxes and duties, in accordance with the legal provisions of the country in which the Contractor is established.

B: Additional documents to be submitted by the successful Tenderer established in Cyprus

Original certificates from the three (3) authorities declared below, proving that the successful Tenderer on the day of submission of his Tender, has fulfilled his obligations relating to the payment of social security contributions and of taxes and duties, in accordance with the legal provisions of the Republic of Cyprus:

• The Inland Revenue Department (Form no. Ε. Πρ. 104) • The VAT Service (Form Φ.Π.Α. 105) • The Department of Social Insurance Services (for employers, Form

Υ.Κ.Α. 2-022, and for self-employed persons, Form Υ.Κ.Α. 2-023)

I solemnly declare that, in case of award, I shall provide the above documents before signature of the Contract. Name of Tenderer: …............................................................................................... Signed: ............................ On behalf of (Company Name): ............................... Date: ..............

CODE:TD0102/1.1 Section 7, Page 2

FORM 11

INSTALLATION AND CONFIGURATION OF SAP BPC

CHECKLIST TECHNICAL ENVELOPE:

Name YES/NO TS1 General Contractor Information

TS2 Contractor Structure and History

TS3 Approach and Experience

TS4 Implementation Programme

TS5 Proposed Methodology

TS6 Project Team Structure

TS7 EAC Resources Required

TS8 Project Manager Experience, Reference, CV as per clauses 1.15 and 1.13.1

TS9 Key Personnel Experience, Reference, CVs as per clauses 1.15 and 1.13.1

TS10 Proposed Training

TS11 Post Going Live On-site Support

TS12 A Written Power of Attorney authorizing the Tenderer to sign the Tender

TS13 SAP Certification

Form 1 Official Statement of Tender Submission

Form 2 Tenderer’s Personal Situation – Solemn Declaration

Form 3 Deviations/Departures from the Tender Document Requirements

Form 4 Economic and Financial Capability

Form 5 Personnel Qualifications

Form 6 Sub-Contractors

Form 7 List of Equipment and Tools

CODE:TD0102/1.1 Section 7, Page 3

Form 8 Checklist – A

Form 9 Technical and Professional Ability

Form 10

Confirmation concerning documents to be provided by the successful Tenderer after award and before Contract conclusion

----- One original and two copies of the technical proposal.

FINANCIAL ENVELOPE:

Name YES/NO FS1 Price schedule for definite work FS2 Price breakdown FS3 Proposed training prices FS4 Extra costs FS5 Summary of prices

Form of Tender One original and two copies of the Financial proposal.

Name of Tenderer: ................................................................................................... Signed : ..................................................................................................................... On behalf of: ..........................................................................................................…

Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 4

FINANCIAL ENVELOPE: FS1 PRICE SCHEDULE FOR DEFINITE WORK

FS2 PRICE BREAKDOWN

FS3 PROPOSED TRAINING PRICES

FS4 EXTRA COSTS

FS5 SUMMARY OF PRICES

FORM OF TENDER

CODE:TD0102/1.1 Section 7, Page 5

SCHEDULE FS1

INSTALLATION AND CONFIGURATION OF SAP BPC

PRICE SCHEDULE FOR DEFINITE WORK

The Tenderer is directed to enter below the total firm cost of the Definite Work, as included in the Terms of Reference.

Task No.

Description

Total

Amount EURO

1

Lump Sum to carry out the Works for Installation and Configuration of SAP BPC and BW (The price breakdown shall be as per Schedule FS2)

2 Solution’s Maintenance Agreement for 5 years, the first beginning after the end of the Warranty Period of the Project.

Year 1 FREE

Year 2

Year 3

Year 4

Year 5

Year 6

TOTAL AMOUNT (TRANSFER TO SCHEDULE FS5)

Note: For evaluation purposes, EAC will consider 5 years. The amounts quoted for the Maintenance Agreement will be discounted to present values using the rate of 6% for evaluation purposes only. To be completed by the Tenderer: o Validity of quotation: Until …………………………

We confirm that the quoted amounts are all inclusive, do not include VAT and shall remain firm during the whole duration of the contract. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 6

SCHEDULE FS2

INSTALLATION AND CONFIGURATION OF SAP BPC

PRICE BREAKDOWN

(Note: All prices provided in the schedule must be on a fixed price basis). Please state the personnel to be assigned to the task, the man-day rates that apply and the estimated number of man-days needed to carry out Task no.1 of the Definite Work:

Name Position

Man Day Rate* Man Days Amount € EUROS

Office EAC Office EAC A B C D A*C+B*D

Total (Transfer to FS1)

* Tenderers to advise the man-day rate for work carried out at their Offices and during their presence at EAC’s Head Office. EAC will provide office space to the successful tenderer at EAC’s premises if necessary. All subsistence costs, travelling expenses, air tickets etc will be borne by the tenderer. EAC will not be charged with this kind of expenses. We confirm that the quoted rates are all inclusive, do not include VAT and shall remain firm during the whole duration of the contract. Moreover, we confirm that if the need for additional work (which is not included in the contract) arises, the same man day rates will apply from the start of the contract until a year (12 months) after the end of the Warranty Period. Name of Tenderer: …............................................. On behalf of: …....................................... Signed : …...............................................................

Date: …...................................................

CODE:TD0102/1.1 Section 7, Page 7

SCHEDULE FS3

INSTALLATION AND CONFIGURATION OF SAP BPC

PROPOSED TRAINING PRICES (Note: All prices provided in the schedule must be on a fixed basis). The Tenderer must provide a daily rate for the training proposed in Technical Schedule TS10. For evaluation purposes, EAC shall consider a total number of 10 training days. Daily Rate: €__________ For evaluation purposes: 10 days x €__________ = € _____________ (Transfer to FS5) We confirm that the quoted rates are all inclusive, do not include VAT and shall remain firm during the whole duration of the contract. Moreover, we confirm that the declared rates shall also remain firm and valid for future, on-going services related to the contract that may be assigned to us up to twenty four (24) months after successful Contract completion. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 8

SCHEDULE FS4

INSTALLATION AND CONFIGURATION OF SAP BPC

EXTRA COSTS (Note: All prices provided in the schedule must be on a fixed basis). State any other costs for services or other expenses that do not appear in other schedules. Description of Services/cost Total Cost €

Total Cost € We confirm that the quoted rates are all inclusive, do not include VAT and shall remain firm during the whole duration of the contract. Moreover, we confirm that the declared rates shall also remain firm and valid for future, on-going services related to the contract that may be assigned to us up to twenty four (24) months after successful Contract completion. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 9

SCHEDULE FS5

INSTALLATION AND CONFIGURATION OF SAP BPC

SUMMARY OF PRICES The Tenderer is directed to enter below the prices at which the services will be carried out. It is stressed that prices should only be stated in euro. The quoted prices do not include VAT. IMPORTANT NOTE: Before completing this price schedule, please make sure that you have considered all Amendments and Clarifications which were issued by the Contracting Entity for this tender procedure, and which were published at the website www.eac.com.cy under the section “Tenders. Please indicate the number of amendments and Clarifications you have considered: No. of Amendments:[…………] No. of Clarifications:[………..] This schedule forms part of the quotation: Group A: Installation and Configuration of SAP Budget Planning and Consolidation (BPC) Item Description

Total Cost €

1 Price for Definite Work Schedule FS1 (note that for evaluation purposes, the maintenance agreement payments will be discounted by EAC to present values using a discount rate of 6% per annum)

2 Training Prices – Schedule FS3

3 Extra Costs – Schedule FS4

GROUP A (TOTAL PRICE €)

Group B: Provision of 15 BPC software licenses Item Description % of Item [1] Total Cost €

1 Cost of 10 Professional BPC licenses Cost of 5 Standard BPC licenses

N/A

2

Software Maintenance fee for Year 1

% ........ of item 1 =

Year 2

% ........ of item 2 =

Year 3

% ........ of item 3 =

Year 4

% ........ of item 4 =

Year 5

% ........ of item 5 =

Year 6

% ........ of item 6 =

CODE:TD0102/1.1 Section 7, Page 10

Year 7

% ........ of item 7 =

GROUP B (TOTAL PRICE €)

GRAND TOTAL PRICE (A + B)€

(TRANSFER TO FORM OF TENDER)

We confirm that the quoted rates are all inclusive, do not include VAT and shall remain firm during the whole duration of the contract. Name of Tenderer: …............................................................................................... Signed : …................................................................................................................. On behalf of: …......................................................................................................... Date: ....................................................................................................................….

CODE:TD0102/1.1 Section 7, Page 11

FORM OF TENDER

(Failure to submit the Form of Tender shall automatically lead to the rejection of the Tender) To: Purchasing Manager, Electricity Authority of Cyprus, Sir, We hereby offer to undertake the services described in Group ........ only / in Groups A and B, in accordance with the Contract, the General Conditions of Contract, the Specification, and with the Schedules hereto and submitted herewith and to perform all the obligations which are to be performed by the Contractor for sum of: Grand Total Amount (in numbers):

(say in words: ………………………………….............……………….............................................. …………...................................……………), and we hereby undertake to complete the services described in the Tender in accordance with Technical Schedule TS4. The particulars and prices in the Schedules have been duly filled in by us as to show the calculations on which this Tender is based and in accordance with which we agree to execute additional works and to have deductions made for works omitted. And we further undertake, in the event of this Tender being accepted, to execute, if called upon to do so, an Agreement for the due execution of the Contract. And we further agree, in the event of our failure to execute such Agreement, within one (1) month of its being left for execution at the "address of service", that any acceptance of this Tender may be revoked by the Contracting Entity without prejudice to any rights or remedies which he may have in respect of such failure. And we also undertake, if so required, to provide an approved surety, to be bound with us in a joint and several bond to the extent of ten (10%) per cent of the value of the Contract for the due and faithful performance of the Contract. We acknowledge that all the obligations imposed by the Tender Document on us are also binding on any and all manufacturers and subcontractors assigned by us for this project. We understand that the Authority is not bound to accept the lowest or any Tender. DATED THIS …………….......... DAY OF ........................................ {month/year}. Signed : .......................................................................................................... On behalf of : .......................................................................................................... ANY DISCOUNT OFFERED ON THE ABOVE SUM SHOULD BE STATED IN THIS BOX IN TERMS OF % OR ABSOLUTE AMOUNT.* DISCOUNT: ……………. % (OR) AMOUNT: …………………....………..………………………… NEW GRAND TOTAL AMOUNT AFTER DISCOUNT: ………………...………………………….

* Any discount declared elsewhere in the tender document, or in loose form, shall not be considered N.B. In the case of a joint venture, a relevant statement shall be added to this “Form of Tender” stating that all partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms and conditions.

CODE:TD0102/1.1 Section 7, Page 12

TEMPLATES

CODE:TD0102/1.1 Section 7, Page 13

TEMPLATE 1

ADVANCE PAYMENT GUARANTEE TEMPLATE To: Electricity Authority of Cyprus, hereinafter called "the Contracting Entity" WHEREAS ........................................................................................................ {Contractor’s Name} whose Registered Office is situated at ........................................................ {Contractor’s Address} hereinafter called "the Contractor" has undertaken, in pursuance of Contract No. ...................... for the ................................................................ {Title of Tender}, hereinafter called "the Contract". AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you a Bank Guarantee by a recognised Bank for the sum specified therein as security for advance payment in compliance with the Contractor's obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Contractor a Guarantee: THEREFORE WE ............................................................................................. {Guarantor’s Name} whose Registered Office is situated at ...................................................... {Guarantor’s Address} hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor up to a total of (*)€........................ (say EURO ........................................................................................................) and we undertake to pay you, upon your first written demand declaring:

a) that the Contractor has failed to repay the Advance Payment in accordance with the Conditions of Contract, and

b) the amount which the Contractor has failed to repay and without cavil or argument, any sum or sums within the limits of €....................... as aforesaid, without your needing to prove or to show grounds or reasons for your demand or for the sum specified therein. The amount of this Advance Payment Guarantee is reduced upon presentation to us of payment certificates issued by the Contracting Entity by the proportion which the amount in the payment certificate bears to the total Contract value. Following receipt from the Contractor of a copy of each purported payment certificate we shall promptly notify you of the revised guaranteed amount. This Advance Payment Guarantee shall expire on the earlier of ............................... (the “expiry date”) or against presentation of a certificate issued by the Contracting Entity confirming that the Contractor has executed work equalling to the amount of this Advance Payment Guarantee. This Advance Payment Guarantee is irrevocable and the authenticated demand and statement must be received by us in this office on or before .................................... (the “expiry date”). We acknowledge that the Contracting Entity may require the Contractor to extend this guarantee if the Contractor has not executed his obligations in accordance with the Contract. Upon receipt by us of (a) your demand in writing and (b) your written statement that the Contractor has not fulfilled his obligations under the Contract and that this guarantee has not been extended, we undertake to pay you the guaranteed amount, without cavil or argument. This guarantee shall become effective upon receipt of the Advance Payment Guarantee by the Contractor in accordance with the Contract. This guarantee shall be governed and interpreted in accordance with the Laws of the Republic of Cyprus. Signature and Seal of the Guarantors Date: ...............................................

(*) Amount of the Guarantee in Figures and in Words to be inserted

CODE:TD0102/1.1 Section 7, Page 14

TEMPLATE 2

TENDER GUARANTEE TEMPLATE

Expiry Date(*): .................................................. Guarantee No.: ............................................... To: Electricity Authority of Cyprus WHEREAS ................................................................................................. (hereinafter called "the Tenderer") has submitted his Tender for the ....................................................................... {Title of Tender}, (hereinafter called "the Tender"). KNOW ALL MEN by these presents that WE ................................................................ {Guarantor’s Name} having our registered office at ........................................................................... (hereinafter called "the Guarantor") are bound unto the Electricity Authority of Cyprus (hereinafter called "the Contracting Entity") in the sum of (**)€.......................... (say EURO.................................................................................) for which payment well and truly to be made to the said Contracting Entity, the Guarantor binds itself, its successors and assigns by these presents. Sealed with the Common Seal / Stamped of the said Guarantor this ......……. day of ……..….. THE CONDITIONS of this obligation are:

1. If a Tenderer withdraws his Tender, or a part thereof, during the period of Tender validity specified by the Tenderer; or

2. If the successful Tenderer, having been notified of the acceptance of his Tender by the Contracting Entity during the period of Tender validity; (a) refuses or neglects to sign the Contract, or (b) refuses or neglects to produce within the specified time limit any certificate and/or other

document and/or the Performance Guarantee and/or fulfil any other of its obligations deriving from his participation in the present tender procedure, in accordance with the Instructions to Tenderers;

We undertake to pay to the Contracting Entity up to the above amount upon receipt of his first written demand, without the Contracting Entity having to substantiate his demand, provided that in his demand the Contracting Entity will note that the amount claimed by him is due to him owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee is irrevocable and will remain valid until (*) .................., and any demand in respect thereof should reach the Guarantor not later than the above date.

This guarantee shall be governed and interpreted in accordance with the Laws of the Republic of Cyprus. Signature and Seal of the Guarantor Our Letter/Guar. No. ………………………..……dated ……...… and valid until …………….. refers. ..............................................

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(Signature of the Guarantor) (Signature of the Witness) Name of Witness: .............................................................. Date: .................................... Address of Witness: ..........................................................

(*) Enter here the date specified in clause 1.1.11

(**) Amount of the Guarantee in Figures and in Words to be inserted

CODE:TD0102/1.1 Section 7, Page 15

TEMPLATE 3

PERFORMANCE GUARANTEE TEMPLATE Expiry Date ……………………. {as per EAC’s instructions} Guarantee No. ……………………. To: Electricity Authority of Cyprus WHEREAS ............................................................................................ {Contractor’s Name} (hereinafter called "the Contractor"), whose registered office is situated at .................................................................................................................. {Contractor’s Address} has undertaken, in pursuance of Contract No. ................ for the ............................................................ {Title of Tender}, (hereinafter called "the Contract"). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you a Bank Guarantee by a lawfully operating financial institution for the sum specified therein as security for compliance with the Contractor's performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Contractor a Guarantee: THEREFORE WE ......................................................................... {Guarantor’s Name} whose Registered Office is situated at .............................................................................................. {Guarantor’s Address} hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor up to a total of (*)......................... (say EURO........................................................................ ) and we undertake to pay you, upon your first written demand declaring the Contractor to be in default under the Contract and without cavil or argument, any sum or sums within the limits of (*)......................... as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This Performance Guarantee is irrevocable and will be discharged not later than 30 days following (a) the date of completion of the Contractor's performance obligations, and (b) any warranty obligations as stated in the Contract. This guarantee shall be governed and interpreted in accordance with the Laws of the Republic of Cyprus. Signature and Seal of the Guarantor Our Letter/Guar. No. ………………………..……dated ……...… and valid until …………….. refers. ..............................................

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(Signature of the Guarantor) (Signature of the Witness) Name of Witness: .............................................................. Date: .................................... Address of Witness: ..........................................................

(*) Amount of the Guarantee in Figures and in Words to be inserted.