RFP-Doc-Final

1 Request for proposal (RFP) #Omega15
Engineering constructing services – pedestrian Bridge
TABLE OF CONTENT
1. Executive summary……………………………………………………………………………....3
2. Project introduction………………………………………………………………………............4
2.1 Purpose……………………………………………………………………………………….4
3. About omega engineering………………………………………………………………………...4
3.1 History………………………………………………………………………………………. 4
3.2 Structure of the omega engineering…………………………………………………………..4
4. Definition of terms……………………………………………………………………………….5
5. Individuals involved………………………………………………………………………… …..5
6. Project…………………………………………………………………………………………….6
6.1 Scope of a work………………………………………………………………………............6
6.2 Project overview…………………………………………………………………………….. 6
6.3 Communications during the RFP period……………………………………………………..7
7. Requirements……………………………………………………………………………………..7
7.1 Characteristics of the provider……………………………………………………………….7
7.2 Status…………………………………………………………………………………………7
7.3 Accreditation………………………………………………………………………………....7
7.4 Previous experiences…………………………………………………………………………7
8. Instructions to proponents………………………………………………………………………..8
8.1 Inquiries……………………………………………………………………………………... 8
8.2 Cost of proposal……………………………………………………………………...............8
8.3 Contents of the proposal…………………………………………………………………….. 8
8.4 Modification or withdrawal of proposal……………………………………………………...8
8.5 Amendment…………………………………………………………………………………. 9
8.6 Submission of proposal………………………………………………………………………9
8.7 Exclusion of submission of offers by e-mail………………………………………………... 9
8.8 Acceptance form……………………………………………………………………………..9
9. Opening and evaluation of proposals…………………………………………………………… 9
9.1Opening of proposals……………………………………………………………………….. 9
9.2 Clarifications of proposals…………………………………………………………………..10
9.3 Preliminary examination of proposals……………………………………………………… 10
9.4 Technical evaluation………………………………………………………………………...10
9.5 Bidders' presentations………………………………………………………………………. 10
10. Award of contract……………………………………………………………………………….10
10.1 Omega engineering reserves the right to…………………………………………………... 10
10.2 Omega engineering's right to enter into negotiations……………………………………… 10

10.3 signing of the contract………………………………………………………………………11
11 Roles……………………………………………………………………………………………. 11
11.1 Do and Don’t………………………………………………………………………………..11
12. General and contractual conditions……………………………………………………………..12
12.1 Conditions of contract………………………………………………………………………12
12.2 Responsibilities……………………………………………………………………………..13
12.3 Source of instructions……………………………………………………………………… 13
12.4 Warranties…………………………………………………………………………………..13
12.5 Legal status………………………………………………………………………………… 14
12.6 Relation between the parties………………………………………………………………..14
12.7 No waiver…………………………………………………………………………………...14
12.8 Liability……………………………………………………………………………………..15
12.9 Assignment………………………………………………………………………………… 15
12.10 Officials not to benefit……………………………………………………………………. 15
12.11 Indemnification……………………………………………………………………………15
12.12 Contractor’s responsibility for employees………………………………………………...15
12.13 Subcontracting……………………………………………………………………………. 16
12.14 Place to performance………………………………………………………………………16
12.15 Language…………………………………………………………………………………. 16
12.16 Confidentiality……………………………………………………………………………. 16
12.17 Title rights………………………………………………………………………………….17
12.18 Termination and cancellation………………………………………………….…………..17
12.19 Force majeure………………………………………………………………………..…….17
12.20 Surviving provisions………………………………………………………………………18
12.21 Use of organization name and emblem……………………………………………………18
12.22 Successors and assignees……………………………………………………………….....18
12.23 Payment……………………………………………………………………………………18
12.24 Title to equipment……………………………………………………………………..…..19
12.25 Insurance and liabilities to third party……………………………………………………. 19
12.26 Settlement of disputes………………………………………………………………..……19
12.27 Observance of law………………………………………………………………………... 19
12.28 Authority to modify………………………………………………………………………. 19
12.29 No terrorism or corruption…………………………………………………………….…..20
13 PERSONNEL
13.1 Approval of contractor personnel………………………………………………………….. 20
13.2 Ethical behavior……………………………………………………………………………..21
13.3 Engagement of third parties and use of in-house…………………………………………...21
14. Annex / Detailed design……………………………………………………………………..Fr 22

1. Executive Summary
Omega Engineering Pvt. Ltd “assuring quality and brilliance” is a well-established professional
engineering and consultation firm in Srilanka. In successful history of the company proves the ability
to provide high end engineering services. Omega Engineering recognized as Srilanka’s no one service
provider in field of engineering and consultation.
Under this Request for Proposal (RFP) company looking for potential bidders to carry out and
successfully complete and hand over a pedestrian bridge that is to be constructed in Srilanka Institute
of Information and Technology (SLIIT).
As Srilanka’s one of the leading university, SLIIT need well-built quality pedestrian bridge to use its
students in their day today life. Key requirement to this project as follows
DESIGN REQUIREMENTS:
Span of the bridge 1.5m
Width of the bridge should not exceed 0.5m
Load carrying capacity Around 700 N
Superstructure Designer Has the freedom to choose Substructure
Preferred material Timber
Architectural Style Contemporary style
Duration 12 weeks
Omega Engineering consults this project for SLIIT,
Client details
Name(s) Sri Lanka Institute of Information Technology Current
Address New Kandy Road, Malabe, Sri Lanka
Telephone 0094 112 413 900 Mobile N/A
Consultant Details
Omega Engineering Pvt. Ltd
480/4 Elvitigala Mw,
Colombo 5
Phone: 0771935682
0710654858
www.omegaengineering.com
Certificate of title details
Reg.No 100/MLB 12001
Lot No 215
Address New Kandy Road,
Malabe, Sri Lanka

2. PROJECT INTRODUCTION
2.1Purpose
Omega Engineering is seeking proposals from engineering construction firms to build a pedestrian
Bridge for Srilanka Institute of Instruction Technology (SLIIT).Through a request for proposal (RFP)
process Omega Engineering is looking a successful contractor to build and maintain the bridge for
time period of five years
Detail design of the pedestrian Bridge, tender package preparation and other related documents has
been completed. Once a contractor has been selected, Omega Engineeringwill meet the successful
consultant to review all task.
3. ABOUT OMEGA ENGINEERING
3.1 History
Omega Engineering “assuring quality and brilliance” is well established consulting firm over the past
two decades. The Omega Engineering was found by Sir Jayasekara S.M in 15th
of September
1995.Present day OE is one of the leading consulting firm which is recognized as well quality assuring
company in Srilanka. OE has done several numbers of successful projects (listed below) in many areas
within the period of 1993-2015.
 ComBank Merchant Building
 Namunu oya pedestrian bridge
 Unite plaza – Gampaha
 Ceramic lanka Building – Kandana
 Xenon lanka river bridge
3.2 Structure of the Omega Engineering
Omega Engineering Pvt. Ltd currently manages by a board of directors.
Directors: Mr. Kavindu Gayanjith
Mr. Shalitha Madhawa
Secretory: Mr.Ravindu Yapa Dahanayake

4. DEFINITION OF TERMS
Whenever used in the Request for Proposal (RFP), including any forms to be included as part of any
proposal, the following words shall be deemed to have meanings as indicated below:
“SLIIT” means Srilanka Institute of Information and technology
“OE” means Omega Engineering.
“Closing Time” means the “Closing Time” specified in the RFP.
“Contract” means the agreement(s) entered into by the Omega Engineering with the successful
Proponent(s) for the goods, services or goods and services described in the RFP;
“Control” means that the Omega Engineering has the authority to manage the Record, including its
creation, use, disclosure and disposal.
“Custody” means that a party has physical possession of the Record.
“Owner” mean SLIIT.
“Proponent” means a person, firm or company submitting a Proposal to Omega Engineering pursuant
to the RFP.
“Proposal” means the offer of a Proponent to furnish materials, supplies or services in response to a
RFP.
“Record” means information in any form, including proposals, reports, documents, drawings
(computer generated or otherwise), specifications, photographs, letters, meeting minutes, vouchers and
all other correspondence, papers and any other information that is written, photographed, recorded or
stored in any manner
“RFP” or “Request for Proposal” means this Request for Proposal of Omega Engineering including
all forms to be Included as part of any Proposal.
“Sites” means all lands, buildings and premises where goods are to be delivered or services performed.
“Consultant or vendor” means Omega Engineering Pvt Ltd.
5. INDIVIDUALS INVOLVED
 Client – Sri Lanka Institute of Information Technology (SLIIT)
 Consultant – Omega Engineering (PVT) Ltd
 Contractor – The entity which undertakes a contract to provide services.

6. PROJECT
6.1 Scope of a work
Proposals shall identify in detail the proposed tasks the Consultant will perform relative to
construction supervision and post construction services.The following tasks associated with this
project include, but are not limited to:
1. Construction Supervision :
Materials testing, utility coordination, contract administration, payment certification, and
quality assurance during construction, safety, claims mitigation, document control, labor
compliance, and progress pay estimates & status of funds
2. Post Construction Services :
Delivery of final construction report(s), record drawings, facilitates construction completion
acceptance certificates, and facilitates warranty inspections.
Omega Engineering has a right of act as a client and has a right of insure that the project is constructed
in compliance with the project plans and specifications. All the engineering professional services will
be performed under the responsible charge of a Registered Engineer in the Omega Engineering Pvt
Ltd. All decisions regarding changes or materials' suitability shall be made by the clients In-charge
Inspector
Proponents shall review the current design drawings (see Appendix A – Detail Design) to ensure a full
understanding of the project.
6.2 Project Overview
Proponent shall meet the design specification which was designed by Omega Engineering for
pedestrian bridge. The bridge should be in good condition under warranty period of constructor
without any physical damage.
Key goals:
 Build a Pedestrian Bridge with maximum client satisfaction
 Use most appropriate materials
 Build a bridge within given time frame
 Complete the project with minimum cost with maximum quality
 Assuring the safety and low maintenances.
Omega Engineering expects to deliver the bridge after 12 weeks from the starting day. Proponent
should responsible to finish the project at least on time.

6.3 Communications during the RFP Period
Proponents can communicate with Omega Engineering (PVT) Ltd by using following contact
methods. Use this contact methods in any information regarding this RFP do not use to communicate
other ongoing projects by Omega Engineering.
 Official website : www.omegaengineering.com
 Randula Alahakoon : randula@omegaengineering.com
 Vidura Nanayakkara : vidura@omegaengineering.com
7. REQUIREMENTS
Omega Engineering requires the successful bidder, the Contractor, in their individual capacity, to
construct the pedestrian bridge within a given time period. Proponent should agree to assuring quality
and Omega Engineering policies. A Contractor is needed for duration of eight weeks, with a possible
extension for one week.
7.1 Characteristics of the provider
Key objectives and principle function of the contractor
 Carry out the project according to given timeline
 Use approved materials only
 Full fill the client/consultant expectation
 Achieving project goals
 Ensure safety
 Responsibility of workers and physical and non-physical resource
 Provide required reports in each specific milestone.
7.2 Status
The provider of services shall have an educational background in: environmental science,
environmental engineering, civil engineering, public safety or an equivalent field.
7.3 Accreditation
Contractor should have an accreditation of recognized accreditation body in srilanka
7.4 Previous Experience
 At least 5 years of relevant professional work experience in either the public or private sector.
 At least 5 successful projects with full client satisfaction (positive feedback).
 Proponents should have well experienced employees with skill of civil constructions

8. INSTRUCTIONS TO PROPONENTS
Omega Engineering is looking for interested parties to submit a proposal for the construction of
pedestrian bridge as set out in this Request for Proposal (RFP).Bidders should follow the instructions
set forth below in the submission of their proposal to OE
Request for Proposal #: #omega15
Description: Engineering Consulting Services
Pedestrian Bridge, SLIIT premises
Date Issued: July 14, 2015
Closing Time: July 30, 2015 at 10:30:00 hours Local Time
This RFP does not commit the Omega Engineering to award a contract or pay any costs incurred in the
preparation of the proposal, or attendance at a meeting with OE staff.
8.1 Inquiries
Refer all proposal inquires, by email, to Vidura Nanayakkara, at vidura@omegaengineering.com. All
the answers to the written inquiries will be provided to proponents as a “question and answer “in the
OE website at www.omegaengineering.com under “Pedestrian Bridge RFP”. It is the proponent’s
responsibility to check OE website for any additional information. Inquiries will be accepted up to five
(5) business days before closing time.
8.2 Cost of Proposal
The proponent shall bear all costs associated with the preparation and submission of the proposal,
including cost of discussing the proposal with Omega Engineering, making a presentation, negotiating
a contract and any related travel. OE will not be responsible or liable for those costs.
8.3 Contents of the Proposal
Document related to proposal are attached to the RFP under the proposal structure, It is proponent
responsibility to go through the structure and full fill all necessary documents. Proponent should
provide certifications. Failure to follow the proposal structure, to comply with the aforesaid instructions,
terms and specifications, to submit the aforesaid forms will be at the bidder’s risk and may affect the evaluation
of the proposal
8.4 Modification or withdrawal of proposal
The bidder may withdraw its proposal any time after the proposal’s submission and before the opening
of the bids, provided that written notice via email of the withdrawal is received by Omega Engineering
prior to the closing date.
E-mail for withdrawal proposal – randula@omegaengineering.com
No proposal may be modified after the closing date for submission of proposals, unless Omega
Engineering has issued an amendment to the RFP allowing such modifications.

8.5 Amendment
Omega Engineering reserves the right to amend or revise the RFP documents by addenda up to 48
hours prior to the RFP closing time. It is the Proponents responsibility to ascertain and verify, prior to
the closing time that it has received any and all addenda issued in relation to this proposal package
8.6 Submission of Proposal
Proposals must be received at Omega Engineering at the address specified in bellow no later than 30th
of July 2015, 10:30 Local time.
Proposal submission address : Omega Engineering (PVT) Ltd.
No 480/4
Elvitigala Mw,
Colombo 5.
OE may, at its own discretion, extend this closing date for the submission of proposals by notifying all
bidders thereof in writing. Any proposal received by OE after the closing date for submission of
proposals may be rejected.
8.7 Exclusion of Submission of Offers by E-mail
Only hard copies are acceptable as official bid entries. Under no circumstances shall offers be
submitted to Omega Engineering by E-mail. Any and all opponents submitting an offer by such means
shall be disqualified and their offer rejected.
8.8 Acceptance Form
The proponent's proposal must be accompanied by a transmittal letter signed by a duly authorized
representative of the bidder and stating:
 That the bidder undertakes on its own behalf to perform the work in accordance with the terms
of the RFP.
 The monthly rate, indicating the Srillankan rupee currency used (LKR)
The offer outlined in the proposal must be valid for a minimum period of 60 calendar days after the
closing date. A proposal valid for a shorter period may be rejected by OE
9. OPENING AND EVALUATION OF PROPOSALS
9.1 Opening of Proposals
Omega Engineering Pvt.Ltd will open the proposals in the presence of a Committee formed by OE at
the Headquarters office in Colombo 7, on 2 August at 9:00 hrs, Local time. Each proposal will be
opened during the session, each bidder will be announced.

9.2 Clarification of Proposals
Proponents can do any clarification of any parts of its proposal but no change in price or materials of
the proposal during this exchange. Omega Engineering will not accept proposals with price exchanges.
The request for clarification and the response shall be in writing.
9.3 Preliminary Examination of Proposals
Omega Engineering will examine the proposals to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed, and whether
the proposals are generally in order.
9.4 Technical Evaluation
The technical evaluation of the proposals will include:
 the extent to which Omega Engineering's requirements and expectations have been
satisfactorily addressed
 the quality of the overall proposal
 the qualifications and competence of the personnel proposed for the assignment
9.5 Bidders' Presentations
Within the evaluation process of the proposals, if any other information required proponents can
present their proposal to the OE evaluation committee with additional information where its necessary.
10. AWARD OF CONTRACT
10.1 Omega Engineering reserves the right to
 Accept any Proposal submitted prior to the RFP Closing Time, as specified in the RFP
 Reject or accept any proposal which contain qualifying conditions or otherwise fail to conform to the
RFP
 Omega Engineering has a right to award the contract to a bidder of its choice, even if its bid is
not the lowest.
 OE has a right to separate the construction into its parts and award contract separately.
 Award or reject proposals will be done by evaluation committee under the Omega Engineering
 Omega Engineering gives highest priority to most responsive to the needs of the OE and the
activity concerned.
10.2 Omega Engineering's right to enter into negotiations
Omega Engineering reserves the right to enter into negotiations with one or more bidders of its choice.
Including to negotiation of the terms of the proposal, the price quoted in such proposal and the deletion of
certain parts of the work, components or items.

10.3 Signing of the Contract
Within 8 days of receipt of the contract, the successful bidder shall sign and date the contract and return it to
Omega Engineering according to the instructions provided at that time. If the bidder does not accept the contract
terms without changes, then Omega Engineering has the right not to proceed with the selected bidder and
contract with another bidder of its choice.
11. ROLES AND RESPONSIBILITIES
The following identifies the Omega Engineering’s and Contractor’s roles and responsibilities relating to this
project:
Consultant:
 Material evaluation
 Set project goals
 Project evaluation
 Project reports and Records
 Technical Advices and further improvements
Contractor:
 Achieving project goals
 Providing employees and related resources
 Finish the project with client satisfaction
 Contribute to project evaluations
 No Additional Payment for Unauthorized Work
No increase in the price of the Work or any additional payment will be authorized by the Consultant as
a result of any change to the Contract unless such increase or additional payment has been authorized
in advance and in writing by the SLIIT’s authorized representative. Only the SLIIT’s authorized
representative can make changes to this Contract and all such changes must be in writing
 Subcontracts
Sub-contractors will be chosen by Omega Engineering, contractor is no allowed to provide sub-
contractor to the project without evaluation of consultant
 Environmental Protection
The Constrictor’s activities shall be conducted in compliance with all standards and all applicable statutes,
regulations, bylaws, rules, declarations, environmental protection as they may be amended, revised,
consolidated or substituted from time to time

12. GENARAL AND CONTRACTUAL CONDITIONS
The contract between Omega Engineering and the selected contractor will, unless otherwise explicitly
agreed in writing, include the provisions as stated forth in this section, and will otherwise inter alia
address the following factors:
 Responsibilities of the chosen contractor and Omega Engineering;
 Clear deliverables, timelines and acceptance procedures;
 Payment terms are according to the satisfactory performance and the completion of the project;
 Notices
The prices paid by Omega Engineering for the entire project to be performed under the contract shall
be fixed for the period of the contract and should be in Sri Lankan local currency (Sri Lankan Rupees).
The total amount payable by Omega Engineering under the contract may be either a lump sum or
maximum amount. If the option for payment of a lump sum applies that lump sum is payable in the
manner provided, subject to satisfactory performance of the project. Instead of lump sum option, a
maximum amount is applied as an option for payment; the following factors should be concerned:
 The contract containing a detailed budget
 The contractor should be able to submit a financial statement together with each invoice
 Any advance payments by Omega Engineering Pvt. Ltd. shall be used by the contractor
exclusively for the work in accordance with the budget and any unspent balance shall be
refunded to Omega Engineering
 Payment by Omega engineering will be subjected to the satisfactory performance and after the
financial statements of the contractor is accepted.
 All the financial documentation, accounting entries of the contractor will be audited by Omega
Engineering Pvt. Ltd. In order to keep the accounts accuracy, a systematic accounts and
records of the contractor is highly appreciated.
Omega Engineering Pvt. Ltd. shall have no obligation to purchase products and services which are not
specified in the contract. Although there shall be no any limitations to have products and services,
quantity and quality which is described in the contract at any time from any source.
12.1Conditions of contract
All the conditions (general and special) of the contractor are hereby should not be included other than
in the contract.
Conditions which are stated in the letterheads, invoices and other reports and other documentations
apart from the agreed contact are regardless and not accepted.

12.2 Responsibility
The Contractor will be highly responsible meet the project objectives, tasks and agreed specifications
and is completed within the time prescribed. Facilitating the operational audit and financial
documentation related to the execution of the project is highly expected from the Contractor.
Following the consultations of the Omega Engineering Pvt. Ltd is another responsible of the
contractor. Further making all operational information without any restriction and providing
satisfactory explanation for the queries arising during the execution of the work to the consulting party
is expected.
12.3 Source of instructions
The sole source of instruction of the project is the consultation department of Omega Engineering Pvt.
Ltd. The contractor shall neither seek nor accept any operational instructions from any authority
external to Omega Engineering Pvt. Ltd the Contractor shall be greatly responsible to avoid any action
which may adversely affect the consulting organization and the client. The constructing site is
observed by the qualified engineers of Omega Engineering Pvt. Ltd in order to provide appropriate
instructions during the execution of the project. By submitting the accurate information regarding the
execution of the project, the contractor can contribute in a faithful manner to the client.
12.4 Warranties
The followings are considered as the warrants and represents of the Contractor to the Omega
Engineering Pvt. Ltd.
1. The construction is expected to meet the agreed specifications stated in the Contract and shall
be fully adequate to fulfill the intended purpose of the client. Furthermore the construction is
warranted to be error free and the Constructor is bounded to correct such errors within 4 weeks
maximum, after they are notified in the construction. All types of error corrections shall agree
to be done free of charge. It is clearly agreed that the failures and errors which have been
occurred due to the modifications by the client after ending the contract period are disregarded
from the above agreement.
2. The construction shall, to the extent it is not original, only be derived from, or incorporate,
material over which the contractor has the full legal right and authority to use it for the proper
implementation of the Contract. It is an essential requirement to have all the necessary licenses
for the non-original material used in the construction.
3. The project shall not violate the rights of intellectual properties, any copyright or patent right
of a third party. Further the construction shall be eco-friendly and shall affect the minimum
impact on the environment

4. A highly qualified staff which is accepted by Omega Engineering A highly qualified staff
which is accepted by Omega Engineering a highly qualified staff which is accepted by Omega
Engineering Pvt. Ltd is required from the Contractor.
5. The complete responsibility for the payment of the wages, benefits, healthcare, refreshment
and food of the employees who work in the project is on the shoulders of the Contractor.
Further all the safety factors of the employees and their life insurances should be guaranteed
according to the labor rights of Sri Lanka.
6. The Contractor furthermore warrants and represent that the information provided by it to OE in
response to the RFP and during the bid evaluation process is accurate and complete. If the
Contractor is failed to reveal any information related to the project which may have impacted
on the decision of Omega Engineering Pvt. Ltd for awarding the Contract to the selected
Contractor, or has provided false information, Omega Engineering has the right to rescind the
Contract with immediate effect.
12.5 Legal status
Having the legal status of an independent contractor is required before accepting the Contract of the
project, and nothing contained in or relating to the Contract shall be construed as establishing or
creating an employee/employer relationship between Omega Engineering Pvt. Ltd, on the one hand,
and the Contractor or any person used by the Contractor in the performance of the work, on the other
hand.
Apart from that, the sole responsibility for the manner in which the project is evaluated is on the hand
of the Contractor. The responsibility for any damages, accidents or loss is not taken by Omega
Engineering Pvt. Ltd during the implementation of the project including travel and transportation in
on-site or off-site.
An adequate insurance to cover such loss, injury or damage is required to be obtained by the
Contractor before commencing the duty on the Contract. It is a responsibility of the Contractor to
handle the claims of such loss, accident or injury
12.6 Relation between the parties
Nothing in the Contract shall be deemed to constitute a partnership between the parties or to constitute
either Party as the agent of the other.
12.7 No waiver
The waiver by either Party of any provision or breach of the Contract shall not prevent subsequent
enforcement of such provision or excuse further breaches.

12.8 Liability
The Contractor hereby indemnifies and holds Omega Engineering Pvt. Ltd harmless from and against
the full amount of any and all claims and liabilities, including legal fees and costs, which are or may
be made, filed or assessed against Omega Engineering Pvt. Ltd at any time and based on, or arising out
of, breach by the Contractor of any of its representations or warranties under the Contract, regardless
of whether such representations and warranties are explicitly incorporated here in or are referred to in
any attached Appendices.
12.9 Assignment
Making any other depositions of the Contract or any part thereof or any rights of the Contractor,
claims or obligations under the Contract except with the prior written consent of Omega Engineering
Pvt. Ltd will be not assigned, transferred or pledged by the Contract.
12.10 Officials not to benefit
Any direct or indirect benefit arising from the Contract will not be offered to the officials of Omega
Engineering Pvt. Ltd by the Contractor. An agreement that breach of this provision is a breach of an
essential term of the Contract act will be made by the Contractor before commencing the work of the
construction.
12.11 Indemnification
The Contractor shall indemnify and hold Omega Engineering harmless, from and against the full
amount of any and all claims and liabilities, including legal fees and costs, which are or may be made,
filled or assessed against Omega Engineering at any time and based on, or arising out of, the acts or
omissions of the Contractor's employees, officers, agents, partners or sub-contractors, in the
performance of the Contract. This provision shall extend, inter alia, to claims and liabilities in the
nature of workmen's compensation, product liability and liability arising out of the use of patented
inventions or devices, copyrighted material or other intellectual property by the Contractor, its
employees, officers, agents, servants, partners or sub-contractors.
12.12 Contractor’s responsibility for employees
The responsibility of the professionals and the technical competence of the employees should be taken
by the Contractor. The reliability and the faithfulness of the employees is highly required to work
under the Contract. The individual contribution, effective performance in the implementation of the
employees will be concerned by the Contractor. The responsibility ofobeying the government rules
and regulations, customs and high standard ethics and moral principles will be taken by the Contractor.

12.13 Subcontracting
If the Contractor is willing to gain the support of a Sub-Contractor, it should be clearly mentioned in
the proposal submitted. The name and the register number of the Sub-contractor, the past experiences
in the construction field and all the other qualifications and requirements of the staff as same as the
prime Contractor should be clearly mentioned in the proposal. No Sub-contracting is permitted unless
it is proposed in the initial stage. The total responsibility of the Sub-contractor should be taken by the
prime contractor.
12.14 Place to performance
The construction site and the duty station of the candidate Constructor is selected as the place of
performance of the project.
12.15 Language
All the communications related to the Contract, financial documentation and operational
documentation is in English language.
12.16 Confidentiality
1. The most confidential information and results regarding the implementation and execution of
the construction shall be taken by the Contractor.
2. The Contractor shall not use or disclose any information related to the project intentionally or
non-intentionally other than the performance of its obligations under the Contract.
3. Further there shall be no any restrictions to use the following factors;
a. The information is publicly available other than by any actions or omissions of the
Contractor
b. The information was already known to the Contractor prior to becoming known to
the Contractor in the implementation and execution of the construction
c. The information was received by the Contractor from a third party not in breach of
an obligation of confidentially.
4. No copyright of any document should be done in the implementation and execution of the
project. This is applicable for all employees and other people who work under the Contractor.
5. The communication between the Contractor and the other organizations or Government
authorities shall not be done without the knowledge of Omega Engineering Pvt. Ltd. It is a
responsibility of the Contractor to avoid using project information to private advantage.

12.17 Title rights
1. It is the duty to assist Omega Engineering Pvt. Ltd all rights pertaining the construction with
the requirements of applicable rules and regulations.
2. Omega Engineering Pvt. Ltd reserves the right to revise and consult the project.
3. All the rights for the services, products and raw materials shall be exclusively vested in Omega
Engineering Pvt. Ltd.
12.18 Termination and cancellation
Omega Engineering has the right to cancel the contract under the following:
 The event that the Contractor fails to commence the work on the date agreed.
 The proposed implementation and goals of the construction is failed to complete the project
according to the Contract
 The event that the Contractor fails to allocate the time to cover the appropriate milestones of
the project
12.19 Force majeure
No party to the Contract shall be responsible for a delay caused by force majeure, that is, a delay caused by
reasons outside such party's reasonable control it being agreed, however, that Omega Engineering Pvt. Ltd shall
be entitled to terminate the Contract (or any part of the Contract) forthwith if the implementation of the work is
delayed or prevented by any such reason for an aggregate of thirty (30) days. Such termination shall be subject
to payment of an equitable part of the Contract sum and/or other reasonable charges. In the event of such
termination, the Contractor shall, in accordance with the ownership rights referred to in section ‎ 71.7‎rlth‎ir elti‎
ohtrehi‎ld‎ Omega Engineering Pvt. Ltd all work products and other materials so far produced.
In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the
Contractor shall give notice and full particulars in writing to Omega Engineering Pvt. Ltd, of such occurrence or
change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its
responsibilities under the Contract. The Contractor shall also notify Omega Engineering Pvt. Ltd of any other
changes in conditions or the occurrence of any event which interferes or threatens to interfere with its
performance of the Contract. The notice shall include steps proposed by the Contractor to be taken including
any reasonable alternative means for performance that is not prevented by force majeure. On receipt of the
notice required under this section, Omega Engineering Pvt. Ltd shall take such action as it, in its sole
discretion, considers being appropriate or necessary in the circumstances, including the granting to the
Contractor of a reasonable extension of time in which to perform its obligations under the Contract.

12.20 Surviving provisions
Those rights and obligations of the Parties as set forth in the above sections that are intended by their nature to
survive the expiration or earlier termination of the Contract shall survive indefinitely. This includes, but is
expressly not limited to, any provisions relating to right of Omega Engineering Pvt. Ltd to financial and
operational audit, conditions of contract, warranties, legal status and relationship between the parties, breach,
liability, indemnification, subcontracting, confidentiality, title rights, use of the Omega Engineering Pvt. Ltd
name and emblem, successors and assignees, insurance and liabilities to third parties, settlement of disputes,
observance of laws, privileges and immunities, no terrorism or corruption, foreign nationals and compliance
with Omega Engineering Pvt. Ltd policies.
12.21 Use of organization name and emblem
The contractor shall not use any advertising or promotional statements about the relationship between
the Contractor and Consultant parties without any written approval of Omega Engineering Pvt. Ltd.
There is no any legal right to use the name, emblem or letterheads of Omega Engineering Pvt. Ltd.
12.22 Successors and assignees
It is very significant to include the successors and assignees of the contractor in the proposal. Further it
is clear that nothing in the contract shall permit any assignment without the prior written approval of
Omega Engineering Pvt. Ltd.
12.23 Payment
All the payments and financial processes will be done by Sri Lankan Rupees.
The payment milestones are decided considering the following factors. This decision will be made by
a professional board of consultants with agreement of the client.
 The number of individuals who employed under the Contractor of this project
 Timeline of the project
 Total budget of the client which is allocated to the complete project
Payment milestone Payment (as the percentage of the total budget)
Purchasing tools and materials 12%
Purchasing safety equipment 5%
Transportation cost 8%
1/4 of the construction 10%
Completed construction 25%
Total 100%

12.24 Title to equipment
The equipment provided by Omega Engineering Pvt. Ltd shall be returned back at the conclusion of
the Contract after completing the project or when no longer needed them. It is a responsibility of the
contractor to concern the condition of the equipment that shall be the same as when it delivered to the
Contractor at their returning. Further the contractor shall be liable to compensate Omega Engineering
Pvt. Ltd for equipment determined to be damaged or degraded beyond its normal condition
12.25 Insurance and liabilities to third party
The following insurances and liabilities shall be provided by the contractor.
Insurance against all predictable and unpredictable risks made by the all and any sub-constructions and
equipment used in the execution of the project
Insurance that covers all the health risks of the employees who work under the contractor. It may
cover claims for all personal injuries and deaths in connection with the contract.
Liability insurance according to the legal aspects of the country to cover third party claims for all body
injuries and deaths due to the execution of the construction is required. This may include all the
transportation methods (vehicles, motor bicycles etc.) or other equipment leased by the Contactor and
the employees.
12.26 Settlement of disputes
Any dispute relating to the interpretation or application of the Contract shall, unless amicably
resolved, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by
arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by
the parties or, in the absences of agreement, with the rules of arbitration of the International Chamber
of Commerce. The parties shall accept the arbitral award as final.
12.27 Observance of law
The Contractor shall follow and obey all laws, rules and regulations in the Contract and all public
Government rules, regulations and limitations appropriately. It may include the customs, traditions and
moral principles of the Sri Lankan society
12.28 Authority to modify
No any modifications, changes, reconciliations or enforceable adding or subtracting the structural
agreements of the contract shall be valid without signed by a duly authorized representative of both
Contracting and Consulting parties.

12.29 No terrorism or corruption
The Contractor warrants that;
 It is not and will not involve in or associated with any individual or group involved in terrorism
 It will not make any payment to any such individual or group involved in terrorism.
 Any illegal, corrupt, fraudulent, collusive or coercive practices during the execution of the
project are completely prohibited.
 Any payment that is made by the Contractor to promote terrorist activities must be paid back to
Omega Engineering Pvt. Ltd immediately.
13 PERSONNEL
13.1Approval of contractor personnel
It is required to have appropriate qualifications, technical, interpersonal and conceptual skills in
appropriate levels of their post with certain experience levels. The minimum requirement is to be
adequately trained to perform the given work.
The Contractor shall always ensure that its partners, Sub-contractor, and all the employees including
the Contractor comply with all the rules and regulations of all policies in Omega Engineering Pvt. Ltd.
The followings policies should be considered;
a. Health and safety of the employees
b. Computer networking and cyber security
c. sexual harassment
d. security and administrative requirements
e. privacy
f. business working hours and official holidays
g. conflicts of interest
If any violations of the above policies by the Contractor, partners or Sub-contractors or any of their
employees, The Contractor's sole responsibility is to notify such event to Omega Engineering Pvt. Ltd
immediately. The consulting party has the right to take necessary actions against such event.

13.2 Ethical behavior
The highest ethical behavior from the Contractor, their partners or Sub-contractors and employees is
expected with respect to the Sri Lankan society, customs and traditions. The contractor should be
clearly ensured that their party should not be involved with the following activities;
I. Child laboring
II. Trafficking arms and explosive
III. promotion of tobacco, alcohols
IV. sexual exploitation
13.3 Engagement of third parties and use of in-house
The Contractor shall acknowledge that if there is necessary to engage third party except the Client to
participate in certain aspects of the project, Omega Engineering Pvt. Ltd has the right to take such
decision. Further Omega Engineering Pvt. Ltd may decide to use in-house resources for the certain
aspects of the construction. The Contractor shall ensure to be co-operated in good faith with such third
parties and any in-house resources.

Annex A
Evaluation Method
Omega Engineering reserves the right to accept or reject any and all proposals and to waive irregularities and
informalities at its discretion. Omega Engineering reserves the right to accept a proposal other than the lowest
priced proposal in consideration of the evaluation criteria.
By submitting its proposal, the proponent waives any right to contest in any legal proceedings or action the right
of Omega Engineering to award the work to any proponent in its sole and unfettered discretion. Omega
Engineering may consider competency, experience, project comprehension, delivery dates and references of the
proponent
Stage One Evaluation
In this Stage Omega Engineering concern that each Proposal was received on time that the Certification is
properly completed and signed and the Proposal is sufficiently responsive to the RFP.
Stage Two Evaluations
The second stage will consist of an evaluation of the written proposal, Omega Engineering Based on the
following criteria. Proponents who do not meet a minimum threshold score for a category will not proceed.
5: Excellent probability of success
4: High probability of success
3: Good probability of success
2: Low probability of success
1: Fair probability of success
0: No probability of success
Rated Criteria Category Available
Points
Minimum
Threshold
Weighting
(Points)
Maximum
Points
Corporate Profile, Experience and
References
0 to 5 2 x2 10
Project Team Qualifications,
Experience and Allocation of
Expertise
0 to 5 3 x2 30
Response to Project Requirements 0 to 5 2 x6 30
Work Plan and Project Schedule 0 to 5 2 x2 10
Pricing n/a n/a n/a 20
Total
- - - 100

Annex B
Certification
(Failure to complete, sign and submit this certification, with the proposal package, may disqualify this proposal)
We ……………………………………………………………………………………………………..
(Legal Company Name)
Of……………………………………………………………………………………………………….
(Business address)
…………………………………………………………………………………………………………..
……………………………….. ………………………………… …………………………….
(Telephone number) (Facsimile number) (Email address)
……………………………………………………………………………………….
Signature of authorized representative
……………………………………………………………………………………….
(Print or Type) name and status of authorized representative

RFP-Doc-Final

Recommended

Recommended

More Related Content

Viewers also liked

Viewers also liked (8)

Similar to RFP-Doc-Final

Similar to RFP-Doc-Final (20)

RFP-Doc-Final