AGREEMENT FOR THE SUPPLY.
CONFIGURATION AND INTEGRATION OF STORAGE ARRAY
AND SUPPLY OF VM SERVER
Contract Reference Number HB/PROC/089/2024-25
This Agreement is made the 15th day of January, 2025 between Hibret Bank S.C, Address: Lideta sub
city, Woreda 08, Ras Abebe Aregay street, Hibir Tower, [Link] 19963, Tel +251 11465 5222, Fax +251
11465 5243, Addis Ababa, Ethiopia (hereinafter refered as ''the Purchaser) on the one part, and united
System Integrators PLC, Address yeka sub city, Woreda 07, House No. 945r|q505/601 -604, Tel +251
11662 5266/7303, Mobile +25191120 2185, Fax +25111662 7302, Addis Ababa, Ethiopia (hereinafter
referred as '`the Supplier''), on the other part:
WHEREAS the purchaser invited bids for the supply, configuration and integration of one (01) pcs
of storage array and five (05) VM server.
WHEREAS the Purchaser has accepted a Bid by the Supplier for the supply, configuration and
integration of those items in the sum of Birr 49,803,880.75 (forty-nine million eight hundred three
thousand eight hundred eighty and 75/loo), including VAT (hereinafter referred to as ''the Contract
Price").
NOW, THEREFORE, THE PARTIES AGREED AS FOLLOWS:
1. Definitions
In this contract, the following terms shall be interpreted as indicated below:-
a) `'THE CONTRACT" means the agreement entered into between the Purchaser and the
Supplier, as recorded in the contract form signed by the parties, including all attachments
and appendices thereto and all documents incorporated by reference therein;
b) ''THE CONTRACT PRICE" means the price payable to Supplier under the contract for the
full and proper performance of its contractual obligations;
c) ''THE PURCHASER" means Hibret Bank S.C, Address Lideta sub city, Wereda 08, Senga
Tera Hibert Bank Head Quarters Building, [Link] 19963, Tel +25111465 5222, Fax +251
11 465 5243, Addis Ababa, Ethiopia.
d) ''THE SERVICES" means those services ancillary to the supply of the goods, such as
transportation and insurance, and any other incidental services, such as installation,
commissioning, provision of technical assistance, training and other such obligations of the
Supplier covered under the contract;
e) ''THE GOODS" means all of the equipment, machinery and/or other materials, which the
Supplier is required to supply to the Purchaser under the contract.
f) ''THE SuPPLIER'' means the individual or firm supplying the goods and services underthis
contract.
g) ''DAY" means calendarday.
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2. Parts of the contract
2.1 The following documents shall be deemed to form and be read and construed as part of this
contract.
(a) This contract signed by the parties
(b) The Bid Document and requirement of the Purchaser and any modification in
requirement by the purchaser;
(c) The Bid Submission Sheet and the Price Schedules submitted by the Supplier;
(d) The Bank's Notification to the Supplier of award of Contract; and
(e) The Schedule of Supply
2.2 This Contract shall prevail over all other Contract documents. In the event of any discrepancy
or inconsistency within the Contract document, then the document shall prevail in the order
listed above.
3. Scope of contract
3.1 This contract is entered for the supply, configuration and integration of storage array and VM
server as specified in the table below and Annex I -Bill of Materials.
Price lncl. 15% VAT
NO. Description Qty Unit Price Total Price
1 Storage Array with Spare Parts 1 18,766,979.85 18,766,979.85
2 VM server 5 6,133,380.10 30,666,900.90
3 Implementation 370,000.00
Total 49,803,880.75
3.2 The Purchaser has the right to Purchase additional quantity of each item up to 25°/o of the total
Contract quantity of goods and service described under clause 3.1 without any change in unit
price and other terms and conditions of the Contract, if additional quantity is required by the
purchaser.
3.3 Unless otherwise stipulated in the contract, the supply shall include all such items not
I
specifically mentioned in the contract but that can be reasonably inferred from the contract as
being required for attaining delivery and completion of the items and related goods as if such
• items were expressly mentioned in the contract.
•1 4. Conformation to standards
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4.1 The goods and service supplied under this Contract shall confirm to the standards mentioned
in the Technical Specification and, when no applicable standards is mentioned, to the
authoritative standard appropriate to the goods, country of origin and such standards shall be
the latest issued by the concerned institution.
4.2 The Supplier hereby agreed to remedy any defects in the goods supplied or services rendered
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at its own cost. If the defects cannot be corrected, the supplier agreed to replace the faulty
good or service at its own cost.
For the Purchaser
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5. Payment of Advance payment
5.1 The Purchaser, upon its sole discretion, may pay advance payment upon the fulfillment of the
following conditions.
a) If a written request for advance payment, including the respective proforma, is presented
by the supplier
b) Acceptable bank advance payment guarantee is presented for the same amount of
advance payment requested
c) If acceptable evidence is presented by the supplier about the LC opening process has
begun.
6. Patent Rights
The Supplier shall fully indemnify the Purchaser against all third-party claims of infringement of
patent, trademark or industrial design right arising from use of the goods or any part thereof in
Ethiopia.
7. Inspection and Tests
7.1 The Purchaser or its representative shall have the right to inspect and/or to test the goods to
confirm their conformity to the contract specifications. The process shall be conducted at the
final destination, i.e. Hibret Bank warehouse in Addis Ababa.
II 7.2 Should any inspected or tested goods and service fail to conform to the specifications, the
Purchaser shall reject them and the Supplier shall either replace the rejected goods or make
all alterations necessary to meet specification requirements free of cost to the Purchaser
7.3 The Purchaser's right to inspect, test and where necessary [Link] the goods on arrival in the
Purchaser'sstoreshallinnowaybelimitedorwaivedbyreasonofthegoodshavingpreviously
I been inspected, tested and passed by the Purchaser or its representative prior to the goods
shipment from its origin.
7.4ThePurchaseragreestocompletetheinspectionandtestingofthegoodswithin15daysfrom
I the date of goods delivery. Timely completion of this process is essential for the Supplier to
proceed with the necessary arrangements, and any delays caused by the Purchaser's inability
I
to finalize inspection and testing within the specified time frame shall not be the responsibility
of the Supplier. The Supplier shall make every effort to support and facilitate the inspection
and testing process. within reasonable bounds.
I 8. packing
The Supplier shaH provide such packing of the goods as is required to prevent their damage or
I deterioration during transit to their final destination.
9. Performance Bond
I 9.1 Within 3 to 5 days from the receipt of the Contract reference number and date of signature of
this contract, the Supplier shall furnish performance bond in the amount of 10% of the amount
I performance bond will be valid until the_,jus
For the Supplie
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configuration and inspection completed and goods and services are accepted by the
purchaser.
9.2 The proceeds of the performance bond shall be payable to the purchaser if/when the supplier
fails to complete its performance obligations under the contract.
9.3 The performance bond shall be denominated in the currency of the contract, and shall be in
the following from:
a) A Bank guarantee acceptable to the purchaser
b) A cashier's payment order
9.4 The performance bond will be discharged by the purchaser no later than 30 days following the
date of completion of the supplier's performance obligations.
10. Delivery
10.1 Delivery of goods and service shall be made by the Supplier as per time schedule stipulated
sub article 10.2 from the date of the contract signed, and the goods shall remain at the risk of
the Supplier until delivery has been completed.
10.2 The Supplier shall deliver the goods and Implementation service with its own transportation
and labor to the purchaser as specified in the table below.
No Description • Delivery Period Delivery Place
Storage array withSpare
90 days after the date Hibret Bank S.C. head office
1 1
of LC opening Addis Ababa
2 VM server 5
10.3 If/when the supplier needs FXD (Foreign currency) for the supply of the goods/services, and
the purchaser is willing to request FXD allocation from NBE, the supplier must present Performa
and request for allocation of FXD (Foreign currency) with in ten days from the date of signing
of this contract. If the supplier fails to present the request within ten days, each delayed day
shall be deducted from the delivery period and the delivery period shall be reduced by the
number of delayed days.
10.4 The supplier must open L/C within ten days from the day the purchaser informed the supplier
about the permission of priority allocation of FXD (Foreign currency) from National Bank of
Ethiopia. If the supplier fails to (present the request) open L/C within ten days, each delayed
day shall be deducted from the delivery period and the delivery period shall be reduced by the
number of delayed days.
11. Incidental services
11.1 The Supplier may be required to provide any or all of the following services, including
additional goods, if any,
a) Performance or supervision of on-site assembly and/or startup of the supplied
goods;
b) Furnishing of tools required for assembly and /or maintenance of the supplie,q
For the Supplier
c) Furnishing of detailed operations and maintenance manual for each appropriate unit
of the supplied goods;
d) Performance or supervision or maintenance and/or repair of the supplied goods and
service, for a period of time agreed by the parties provided that this service shall not
relieve the Supplier of any warranty obligations under this contract; and
e) Training of the Purchaser's personnel, at the Supplier's plant and/or on-site in
assembly, start-up, operation, maintenance, and/or repair of the [Link] goods.
11.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for
the goods and service, shall be agreed upon in advance by the parties and shall not exceed
the prevailing rates charged for other parties by the Supplier for similar goods.
12. Warranty
12.1 The Supplier warrants that all goods and service supplied under the contract are new and
unused, of the most recent or current models and that they incorporate all recent
improvements in design and materials unless provided otherwise in the Contract. The Supplier
further warrants that all goods supplied under this Contract shall have no defect arising from
design, materials or workmanship or from any act or omission of the supplied goods.
12.2 The warranty shall remain valid for three (03) years warranty after the goods and service or
each portion thereof as the case may be, have been delivered to the final destination indicated
in the Contract, or put into operation.
12.3 The Purchaser shall promptly notify the Supplier in writing of any claims arising under this
warranty.
12.4 Upon receipt of such notice of defect the Supplier shall, with all reasonable speed, repair or
replace the defective part thereof, without cost to the Purchaser.
13. Payment
13.1 The Purchaser hereby agrees to pay the Supplier in consideration storage array and VM server
and the remedying of defects therein, the Contract Price or such other sum as may become
payableundertheprovisionsofthisContractatthetimesandinthemannerprescribedbythis
Contract.
13.2 The Supplier's request(s) for payment shall be made to the Purchaser in writing, accompanied
by an invoice describing as appropriate; the goods delivered, any services performed and
II
fulfillment of other obligations stipulated in the Contract and the payment shall be made in
Ethiopian Birr,
13.3 The purchaser shall pay Birr 49,803,880.75 ([Link]-nine million eight hundred three
thousand eight hundred eighty and 75/loo) in the following manner.
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Payment 4: 100% Installation, configuration, testing and commissioning
Implementation completed 370,000.00
Total Including 15% VAT 49,803,880.76
13.4 Payment shall be made to the supplier's account opened in any of Hibret Bank branches. The
account number must be stated on the supplier's payment request letter.
14. price
Prices charged by the Supplier for goods delivered and goods performed under the. contract shall
not vary from the prices quoted by the Supplier in its bid.
15. Changeof orders
15.1 The Purchaser may, at any time by a written order given to the Supplier, make changes within
the general scope of the Contract in any one or more of the following.
a) The method of packing;
b) The place of delivery;
c) The goods and services to be provided by the Supplier.
15.2 If any such change causes an increase or decrease in the cost of or the time required for the
Supplier's performance of any part of the work under Contract, whether changed or not
changed by the order, an equitable adjustment shall be made in the Contract Price or delivery
schedule, ,or both, and the Contract shall be amended accordingly. Any claims by the Supplier
for adjustment under this clause must be ascertained within 10 days from the date of the
Supplier's receipt of the Purchaser's changed order.
16. Contract Amendments
Subject to clause 15, no variation in or modification of the terms of the contract shall be made
except by written amendment signed by the parties.
17. Assignment
The Supplier shall not assign, in whole or in part, its obligation to perform under this Contract to
a t-hird party, except with the Purchaser's prior written consent.
18. use of contract Documents and Information
18.1 The Supplier shall [Link], without the Purchaser's written consent, disclose the Contract, or any
provision thereof, and specification or information furnished by or on behalf of the Purchaser
in connection therewith, to any person other than a person employed by the Supplier in the
performance of the Contract.
18.2 Any document, other than the Contract itself, shall remain the property of the Purchaser and
shall be returned to the Purchaser on completion of the Supplier's performance under the
Contract if so required by the Purchaser
19. Delays in supplier's perform
19.1 Deliveryofthegoodsan
with the time schedule*.
For the Purchaser
I 19.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s) should
I encounter conditions impeding timely delivery of the goods and performance of services, the
Suppliershallpromptlynotifythepurchaserinwritingofthefactofthedelay,itslikelyduration
I
and its cause(s). As Soon as practicable after receipt of the Supplier's notice, the Purchaser shall
evaluate the situation and may at its discretion extend the Supplier's time for performance,
with or without liquidated damages and inform the supplier about its decision by writing a
I 19.3
letter. The letter shall be considered as an amendment of the contract.
A delay by the Supplier in the performance of its delivery obligations shall render the Supplier
I
liable to the imposition of liquidated damages at the rate of 0.1% of the amount stated in the
awardletterpereachdayofdelay,uptoamaximumoftenpercent(10%)ofthecontactprice.
The purchaser may terminate the contract or allow extension of delivery time without
I application of liquidated damage when the amount of liquidated damage reaches ten percent
(10%) the contract price.
I 20. Termination of the contract
20.1 The Purchaser, without [Link] to any other remedy for breach of Contract, by written
I notice of default sent to the Supplier, may terminate this Contract in whole or jn part:
a) If the Supplier fails to deliver any or all of the goods within the contract period.
I
b) If the Supplier fails to perform any other obligations stipulated in this contract.
c) The goods delivered do not confirm to the contract, technical specification or general
use.
I 20.2 The parties may terminate the contract for reasons stated under any applicable laws of the
Country.
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20.3 In the event the Purchaser terminates the Contract in whole or in part, the Purchaser may
procure, the goods upon such terms and in such manner, as it deems appropriate, such
goods or related services similar to those undelivered or not performed. In such a case, the
Supplier shall be liable to the Purchaser for any additional costs for such similar goods or
related goods.
I
I 21.
20.4 When the contract is terminated for the above mentioned reasons, the Bank reserves the
right to seek compensation if the liquidated damage claimed under art.19.3 does not cover
the loss and [Link] the suppler from similar future purchases.
Force Majeure
lf a force [Link] situation arises, as defined in the Civil Code of Ethiopia, the Supplier shaH
promptly notify the Purchaser in writing on such conditions and the cause thereof. Unless
otherwise directed by the Purchaser in writing, the Supplier shaH continue to perform its
obligations under the contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the force [Link] event.
23. Notices
22.1 Any notice given by one party to the other pursuant to this Contract shall be sent in writing
or cable and confirmed in writing to the address specified in the Agreement.
22.2 A notice shall be effective when delivered, or on the notice's effective date, as the case may
be.
24. Taxes and Duties
The Supplier shall be entirely responsible for all taxes and duties incurred until delivery of the
contracted goods to the Purchaser.
25. Applicable Law
The bid and this Contract shall be governed by the Laws of Ethiopia. Any disputes arising from or
related to the bid or this Contract shall be settled by Ethiopian courts unless the parties agree to
settle their dispute extra-judicially.
26. Applicability of Third-Party security policy of the Bank
The third-party security policy of the Bank that is enacted on 20th April 2021 forms of a part of
this contract. The supplier has read all the contents of the policy and agreed on the applicability
of the policy on the contract. In addition, the purchaser has agreed to respect and perform the
rules, conditions and obligations of the policy.
IN WITNESS whereof the parties hereto have caused this agreement to be executed in on the day,
month and year indicated above.
For the Supplier
WITNESSES
For the I)urchaeer For the suDDlier
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For the Purchaser For the Supplier
Annex I -Bill of Materials and the Price Schedule
HPE Alletra 5010 Adaptive Flash Array Dual Controller Con figure-
to-order Base Array
HPE Nimble Storage 2x32Gb 2-port Fibre Channel Flo Adapter Kit
HPE Alletra 5000 Adaptive Flash Array 2.88TB (3x960GB) SATA 6G
Flo Cache Bundle
HPE Nimble Storage C13 to C14 250V 10Amp 1.8m Universal Flo
Power Cord
HPE Alletra 5000 8418 (21x4TB) SAS 12G Flo HDD Bundle
R9X15A HPE Alletra Tier 1 Storage Array Standard Tracking
S2V19A HPE Alletra Storage 5000 2x 1200W Platinum Flo Power Supply Kit
HPE Tier 1 Stora
SOR41AAE HPE Alletra Storage 5000 per TB 3-year Software and Support Saas
HA124A1 HPE Technical Installation Startup SVC
HA124A15MR HPE Tier 1 Storage Array Startup SVC
SuppO
HU482A3 HPE 3Y Tech Care Basic Service
HU482A3 ZBK HPE NS 2x32Gb 2p FC Adptr Supp
HU482A3007D HPE Alletra 5010 CTO Base Array Supp
HU482A3007N HPE Alletra 5000 84TB SAS HDD Bdl Supp
HU482A3007T HPE Alletra 5000 2.88TB Flo CachBdl Supp
R4G80A HPE Nimble Storage 32Gb 2-port Fibre Channel Spare Adapter
HPE AIIetra
ROR17A HPE Nimble Storage AF/HF 1200W/950W Spare Power Supply Kit
R6J02A HPE Alletra 5010 Adaptive Flash Array Spare Controller
R6J 10A HPE Alletra 5000 960GB SATA 6G Dual Flash Carrier Spare SSD
Hardware
P52535-821 HPE ProLiant DL380 Genl 124SFF NC Con figure-to-order Server
P67095-821 Intel Xeon-Gold 6530 2.1GHz 32-core 270W Processor for HPE
P64707-821 HPE 64GB 2Rx4 PC5-5600B-R Smart Kit
P28352-821 HPE 2.4TB SAS 10K SFF BC 512e MV HDD
P48802-821 HPE ProLiant DL380 Genl 120 x8/xl6/x8 Secondary Riser Kit
HPE MR4161-p Genl 1 xl6 Lanes 8GB Cache PCI SPDM Plug-in
P47777-821
Storage Controller
R2J63A HPE SN1610E 32Gb 2-port Fibre Channel Host Bus Adapter
P26259-821 Broadco Ethernet 10Gb 2-port SFP+ Adapter for H
For the Purchaser 4 ifege For the supplier
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9 P01366-821 HPE 96W Smart Storage Lithium-ion Battery with 145mm Cable Kit 5
HPE ProLiant DL360 Genl 1 Storage Controller Enablement Cable
10 P48918-821 5
Kit
HPE MR4081 -0 Genl 1 x8 Lanes 4GB Cache OCP SPDM Storage
11 P58335-821 5
Controller
Broadcom BCM5719 Ethernet lGb 4-port BASE-T OCP3 Adapter
12 P51181 -821 5
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HPE 1600W Flex Slot Platinum Hot Plug Low Halogen Power
13 P38997-821 10
Supply Kit
14 P51911-821 HPE ProLiant DL360 Genl 1 Cpul to OCP2 x8 Enablement Kit 5
15 P54874-821 HPE ProLiant DL380 Genl 18SFF to Retimer/-P Controller Cable Kit 5
16 P35876-821 HPE CE Mark Removal Flo Enablement Kit 5
HPE N5204i-u Genl 1 NVMe Hot Plug Boot Optimized Storage
17 P48183-821 5
Device
HPE Proliant DL380/DL560 Genl 1 High Performance 2U Heat Sink
18 P48818-821 10
Kit
19 P52152-821 HPE ProLiant DL380 Genl 1 NS204i-u Internal Cable Kit 5
20 P52341-821 HPE ProLiant DL3XX Genl 1 Easy Install Rail 3 Kit 5
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HPE Compute Ops Management Enhanced 3-year Up front Proliant
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Installation and configuration of storage array and VM server