Welcome to the eTenders Website of
the Telecommunications Services of Trinidad and Tobago Limited (TSTT).
This website shall provide the most recent information about
tendering opportunities at TSTT and shall lists, inter alia, upcoming, current
and closed tendering opportunities that have been or are to be provided by
TSTT.
Register for
Pre-Qualification
Upon registering to use this eTenders website, you will be given the option to receive email notifications when new
tender opportunities that match your self-defined profile, are published here.
To participate in the eTenders Program you must register for pre-qualification.
Use of this Website
The use of this eTenders website
is governed by the Terms and Conditions set out below. These terms and conditions
are important and are there for the protection of all stakeholders in TSTT's tenders process. Please take time to read them carefully. By
using this website you will be deemed to have accepted them and that your use
is at your own risk.
TERMS AND CONDITIONS
1.
Introduction
(a)
The access and use of Telecommunications
Services of Trinidad and Tobago Limited ("TSTT") e-Tender website
– www.etender.tstt.co.tt ("the Website") by the Vendor is
governed by the Terms and Conditions listed hereunder.
(b)
These Terms and Conditions when accepted by the
Vendor shall constitute an Agreement between the Vendor and TSTT.
(c)
The procurement process may include an
Invitation to Tender ("ITT"), a Request for
Proposal ("RFP") or a Request for Quotation ("RFQ").
(d)
All ITTs, RFPs and RFQs published by TSTT on the
Website are invitations to treat.
(e)
These Terms and Conditions apply to the Vendor's
and any Assigned Vendor Users' access to and use of the Website. The Vendor
acknowledges that by an Assigned Vendor User accessing the Website using the
user ID and password provided by TSTT, the Vendor and Assigned Vendor Users
agree to be bound by these Terms and Conditions.
(f)
The Vendor shall only use the System to respond
to TSTT's procurement process in accordance with these Terms and Conditions and
any specific rules expressed and presented in the Website.
2.
Access
(a)
The Website shall enable the Vendor to:-
i.
View ITTs, RPFs and RFQs documentation and
information, and
ii.
Download ITTs, RPFs and RFQs documentation and
information electronically via the Internet
(b)
TSTT
grants to the Vendor and Assigned Vendor Users access to the System for the
purpose of responding to its procurement process, subject to these Terms and
Conditions.
(c)
TSTT may immediately deny access to the System
by the Vendor and or one or more Assigned Vendor Users by giving notice to the
Vendor if any of the following events occur:
i.
the Vendor commits a material breach of any of its
obligations under these Terms and Conditions;
ii.
the Vendor fails to remedy, or persists in, any breach of any
of its obligations under these Terms and Conditions after having been notified
by TSTT to remedy or desist from such breach within a period of 21 Working Days;
iii.
the Vendor has
been notified by TSTT that it has been suspended, de-listed or otherwise rendered
inactive from TSTT's approved list of pre-qualified Vendors.
(d)
Without prejudice to any of TSTT's other
rights, TSTT reserves the right to amend and/or suspend access to the System
for technical or legal reasons.
3.
Registration
(a)
To be granted access to the System, the Vendor
must register with TSTT an assigned person which the Vendor wishes to be the
Assigned Vendor User to act on its behalf for the purpose of utilizing the
System, by providing the required registration data requested by TSTT.
(b)
The Assigned Vendor User's access will be
activated by TSTT following a check and verification of the registration data.
(c)
Upon registration of the Vendor and/or Assigned
Vendor User, TSTT shall assign a user ID and password together with a Digital
Certificate to the Vendor with a designated Digital Signature assigned to the
Assigned Vendor User, which Digital Signature shall be affixed to such
documents as shall be required by TSTT when using the System.
(d)
User ID and password are strictly personal to
the Assigned Vendor User and non-transferable. The Vendor shall ensure that its
Assigned Vendor User does not divulge or disclose his/her user ID or password
to third parties. In the event that the Vendor or the Assigned Vendor User
becomes aware that a user ID and/or password may have been divulged, disclosed
or discovered by any third Party, they shall immediately notify TSTT HelpDesk at e-mail etender@tstt.co.tt and telephone no.
800-4RFP during the hours of 8.00 am to 4.00 pm (Trinidad and Tobago time) on
Mondays to Fridays, or such other designated point of contact as may be
assigned by TSTT from time to time.
(e)
The Vendor must immediately notify TSTT HelpDesk (to be confirmed by written communication to TSTT)
in the event that the Assigned Vendor User leaves its employment or no longer
requires access to the System. In such case, the Vendor must immediately inform
TSTT HelpDesk of the new assigned vendor user to act
on its behalf for the purpose of utilizing the System and shall provide
additional registration data as may be required by TSTT. TSTT retains the right
to deactivate the Assigned Vendor User's user Id and password if there has been
no access for a period of ninety (90) days
4.
Use of the Website
(a)
All responses to ITTs, RFPs and RFQs must be
submitted through the System by the closing date and time as specified in the
particular procurement process.
(b)
Responses shall be submitted through the System
at any time up to the closing date and time as specified on the System for the
particular procurement process but Vendors are advised to desist from
submitting voluminous and extensive responses too close to the closing date and
time in the event of a system malfunction on the Vendor's part and or the
Vendor's server.
(c)
Vendors are expected to examine all the
file attachments published in the System, which indicate what information and
documentation must be provided.
(d)
Vendors must provide all of the items of
information requested in the procurement process and shall be responsible for
the accuracy of all the information and documentation provided to TSTT via the
use of the Website.
(e)
Vendors shall be permitted to submit and upload
through the System one (1) single PDF document no larger than 20 Mbs for the particular procurement process.
(f)
Incomplete submission of the information
requested including the submission of information in file attachments
containing viruses that have been advised by the System shall entitle TSTT to invalidate or reject the response to the procurement process.
(g)
The
Vendor agrees to keep any responses valid for a period of one hundred and
twenty (120) days from the closing date and time for the submission of
responses, unless any other period is specified in the terms and conditions of
the particular procurement process.
(h)
Responses will be opened by TSTT in accordance
with the opening procedures specified on the System for each procurement
process.
(i)
Should the Vendor when submitting a bid
experience any technical difficulties within the System which are within the control of TSTT, Vendors are advised to immediately communicate
with TSTT's HelpDesk.
5.
Vendor's Obligations
(a)
The Vendor shall ensure that all its Assigned
Vendor Users comply with these Terms and Conditions.
(b)
The
Vendor shall use all reasonable care and skill in performing its obligations
under these Terms and Conditions.
(c)
The Vendor agrees to grant to TSTT a licence to any information and or documentation provided
through the use of the Website and procurement process. The Vendor acknowledges
and agrees that there will be no royalty or other fees payable by TSTT to it,
its Assigned Vendor or any third party for this right.
(d)
The Vendor shall provide its Assigned Vendor
Users with the adequate equipment and software needed to access and use the
System.
(e)
The
Vendor shall provide adequate software to ensure the security of the System and
use best endeavours to
protect the System from viruses when being accessed and used by its Assigned
Vendor Users.
(f)
The
Vendor agrees that any information and or documentation submitted to the
Website shall not in any way be potentially or actually harmful to TSTT or any
third party, where harm includes but is not limited to non-economic loss that
shall or may be suffered by TSTT.
(g)
The
Vendor shall use the System for lawful and proper purposes only and shall, in
any event, comply with all relevant laws and regulations within Trinidad and
Tobago.
(h)
In particular, the Vendor agrees that its
response to any ITTs, RFPs and RFQs, in the procurement process shall not:
i.
Be false, inaccurate or misleading, deceptive,
threatening or harassing;
ii.
Be fraudulent or involve the sale of counterfeit
or stolen items;
iii.
Be
harmful, obscene, defamatory, illegal, or contain any malicious code, data or
set of instructions that intentionally or unintentionally causes harm or
subverts the intended function of the Website including but not limited to
computer viruses, trojans horses (a program used to
capture unsuspecting people's log on and passwords), worms, time bombs, cancel
bots, easter eggs or other computer programming
routines that may damage, modify, delete, detrimentally interfere with, surreptiously intercept, access without authority or
expropriate any system, data or personal information;
iv.
Infringe the rights of others in particular but
not limited to those relating to intellectual property rights –
copyright, patent, trademark, trade secret or other proprietary rights, rights
of publicity, confidentiality or privacy;
v.
Violate any law, statute, ordinance or
regulation (including, but not limited to those governing export and import
controls, consumer protection, unfair competition, criminal law,
antidiscrimination and trade practices / fair trading law;
vi.
Use any software, routine or device to interfere
or attempt to interfere electronically or manually with the operation or
functionality of the System, including uploading or making available files
containing corrupt data or viruses via whatever means;
vii.
Create
liability for TSTT or cause TSTT to lose (in whole or in part) the services of
TSTT Internet Service Providers or other suppliers.
(i)
The Vendor agrees that its Assigned Vendor Users
shall act as authorised agent for and on behalf of
the Vendor in submitting any response to any ITTs, RFPs and RFQs, on the
System.
(j)
The
Vendor shall be solely responsible and liable for any unauthorised,
false or fraudulent response to any ITTs, RFPs, and RFQs in the procurement
process that is submitted using one of its Assigned Vendor Users' user id and
password.
(k)
The
Vendor represents and warrants that:
i.
all information and or documentation it provides shall be
accurate and complete and shall accurately represent the Vendor's capabilities;
ii.
it shall have the right, through actual ownership or
otherwise, to provide any product or service that is the subject of any
response made by it to any ITT, RFP or RFQ;
iii.
it has the ability to sell the goods/services/works at the
prices offered in any response made by it to any ITT, RFP or RFQ in the
procurement process and according to the relevant criteria specified by TSTT
6.
Amendments to a procurement process
(a)
The Vendor acknowledges that:
TSTT reserves the right to:
(a)
suspend and re-open or
cancel a procurement process or extend the closing date and time; and/or
(b)
vary or amend the details of a procurement process at any time
prior to the closing date and time for receipt of response by publication of a
notification through the System and without incurring any liability whatsoever;
and
(c)
in the event of a
suspension and subsequent re-opening of a procurement exercise, the procurement
process will resume on the basis of the last response recorded by the Vendor
through the System.
7.
Intellectual Property Rights
(a)
All Intellectual Property Rights in the System
are owned by, or are under licence to, TSTT.
(b)
The Vendor and its Assigned Vendor Users shall
have no Intellectual Property Rights in the System, nor shall it have any
rights to copy, adapt, modify or interfere with the System.
(c)
The
System may include TSTT's logos and/or trade mark. The Vendor acknowledges that
it may not copy, use, or mask TSTT's logo and/or trade mark which appear on the System without the prior consent of the TSTT.
8.
Limitation of Liability
(a)
Subject to the responsibilities implied by law
which may not be excluded, TSTT shall not be liable to the Vendor for any loss,
damage, claims, expenses (including legal costs, loss of profits or savings,
loss of data) whatsoever, arising out of or attributable to any content or
material, loss or corruption of documents and or information provided by TSTT
(b)
TSTT shall not be liable to the Vendor for any
direct loss, indirect loss or damages incurred by the Vendor arising from the
use of the System caused by:
i.
An
event of Force Majeure that affects the availability and/or performance of the
System;
ii.
Incorrect use by Assigned Vendor Users of the
System;
iii.
Connectivity failures in respect of the
equipment used by the Assigned Vendor Users;
iv.
Breakdown of the System for a period of time not
exceeding 30 Working Days.
(c)
The Vendor acknowledges and accepts that TSTT
shall not be liable for:-
i.
Loss of any responses to the procurement
process, documents and/or other information in transit from the Vendor to TSTT
through the use of the Website;
ii.
Loss
of any response, documents and or other information distributed to other
parties by TSTT;
iii.
Loss
of any documents and or information provided to TSTT;
iv.
Any
error or delay in the assessment of any response;
v.
Any
incorrect assessment of a response arising as a result of inaccurate or
incomplete documentation or information provided by the Vendor.
(d)
The
Vendor acknowledges and accepts that:
i.
TSTT reserves the right to interrupt and/or
suspend the availability of the System and/or revoke access at any time by
notice to the Vendor without incurring any liability;
ii.
TSTT
provides the System on an ‘as is' basis and ‘as available' basis without any
warranty of any kind;
iii.
The
links provided on the Website to external websites such as those operated by
the government, non-government organizations and individuals are not
endorsements by TSTT. TSTT does not accept any liability for any information or
links on the System that may refer Assigned Vendor Users to external sources
outside of TSTT's control.
9.
Indemnity
The Vendor will indemnify TSTT in full against all claims,
demands, actions or proceedings (including legal and other professional
advisers' fees) made by any third Party arising out of or in relation to the
Vendor's breach of its obligations under these Terms and Conditions.
10.
Disclaimer
TSTT its servants, agents, directors and officers:-
(a)
do not accept responsibility
expressed or implied for the accuracy, suitability, usefulness, and
completeness or otherwise of the information and data contained on the System;
(b)
do not warrant that the
information and data contained on the System or sites linked to it are free
from infection by computer viruses or that it does not infringe the
intellectual property rights of any person anywhere in the world;
(c)
do not authorise the infringement of any intellectual property
rights contained in material in other sites linked to the System;
(d)
do not accept
responsibility for any errors in transmission or downloading documentation from
the System;
(e)
do not accept
responsibility for non-adherence by the Vendor to the stipulated closing dates
and times expressed in tender documents or otherwise amended by the relevant
contracting authority;
(f)
do not accept
responsibility for the accuracy, suitability, usefulness, and completeness or
otherwise for material contained on other websites linked to the System;
(g)
reserve the right to
amend this disclaimer as and when required without notice by updating this
posting;
(h)
shall not be liable for
any delays, interruptions, errors or failures in the provision of the services
not within the control of TSTT and its agents including Force Majeure, failure
or fluctuation of electrical power, industrial action, industrial disputes,
breakdown or other malfunctions of the Vendor technical equipment, including
software.
(i)
shall not be liable,
either in contract or in tort, for any direct, incidental, consequential, indirect
or punitive damages or any other losses, costs, expenses or damage of any kind
claimed to have arisen as a result of using the System or as a result of the
non-availability, non-functioning or malfunctioning of the services or
otherwise in connection therewith.
11.
Confidentiality
(a)
Each Party shall:-
i.
treat all Confidential
Information as Confidential and safeguard it accordingly;
ii.
not disclose any
Confidential Information to any third Party without the prior written consent
of the other Party, except to such persons and to such extent as may be
necessary for the performance of these Terms and Conditions; and
iii.
not use any
Confidential Information otherwise than for the purposes of these Terms and
Conditions.
(b)
The
Vendor shall take all necessary precautions to ensure that all Confidential
Information obtained from TSTT under or in connection the System is:-
i.
given only to such
employee, consultant, sub-contractor, professional advisor or agent engaged to
advise it in connection with the specific procurement process and these Terms
and Conditions as is strictly
necessary for the performance of its obligations hereunder and then only to the
extent necessary for each employee, consultant, sub-contractor, professional advisor
or agent's activities in the performance of such obligations hereunder;
ii.
treated as Confidential
and not disclosed (without prior written approval of TSTT) or used by any
employee, consultant, sub-contractor, professional advisor or agent otherwise
than for the purposes of such obligations hereunder.
(c)
The provisions of this Clause shall not apply to
any information:-
i.