Announcement of the Contest to Select the Number Portability Central Database Administrator

Order Number: 819 / 10

publication date January 15, 2016 11:16

getting date December 29, 2015

The Georgian National Communications Commission (hereafter “Commission”) dully notes that the agreement on the number portability central database administration between Commission and Mediapro Georgia Ltd, signed on October 10, 2010, expires on December 31, 2015.

Also the Commission dully notes that, according to the Article 9, paragraph 4 of the “Regulation on Number Portability” approved by the Commission Resolution N3 of July 6, 2010, if the Number Portability Central Database Administrator, by means of contest, cannot obtain the rights to carry on the activities for the next term, the agreement on the administration of the Number Portability central database shall be terminated immediately after its expiration. Also, pursuant to the abovementioned Article, paragraph 5, the Commission, based on mutual agreement with the Number Portability Central Database Administrator, is authorized to extend the term of the agreement until the winner of the contest for selecting the of the number portability central database Administrator is defined, or until the contest winner implements the number portability central database.

Coming from the abovementioned, the Commission, on December 21, 2015, applied in writing to Mediapro Georgia Ltd (№03/3167-15) and proposed to extend the term of the agreement on the Administration of Number Portability Central Database until the winner of the new contest is defined and the number portability central database is implemented. On December 23, 2015, Mediapro Georgia Ltd agreed in written to the Commission proposal (№შ-6/10284-15) to extend the terms of the agreement of October 1, 2010, to maintain uninterrupted process of portability.

Coming from all the abovementioned, according to the Article 1, paragraph 4, sub-paragraph “d” and Articles  8 and 9 of the “Regulation on Number Portability” approved by the Commission Resolution N3 of July 6, 2010, the Commission  as a result of the voting unanimously

Decided:

  1. The contest for selection of the number portability central database administrator (hereafter  “Contest”) to be announced on December 29, 2015;
  2. The enclosed terms and conditions (annex 1- hereafter “Contest terms and conditions”) of conducting the Contest to be approved;
  3.  “Contest terms and conditions” Article 4 - "Additional Terms and Enclosed Documents " - shall be subject to public consultations until February 10, 2016 and may be modified;
  4. The Contest Board composed of the following persons to be approved:

a)      Irine Verdzeuli – Chairperson;

b)      Tamar Goshua – Member, board secretary;

c)      Rati Skhirtladze – Member;

d)      Tsiala Ujmajuridze - Member;

e)      Levan Lashauri - Member;

f)       David Dzidziguri - Member, “Magticom” Ltd (№შ-6/9932-15);

g)      Irakli Esartia - Member, “Mobitel” Ltd  (№შ-6/10014-15);

h)      Mikheil Jghamadze - Member, “Akhali Kselebi“ Ltd (№შ-6/1007-15);

i)        Malkhaz Zhorzhikashvili - Member, “Geocell” Ltd (№შ-6/9955-15);

j)        Tamar Gomareli - Member, “Silknet” JSC (№შ-6/10163-15);

k)      Irakli Lomidze - Member (Independent expert) “Data Exchange Agency” LEPL.

5. In order to ensure smooth and uninterrupted number portability process, the terms of the agreement between GNCC and present administrator to be extended until the implementation of new NPCDB, based on the mutual agreement;

6. The right to sign the agreement on the extension of the terms of the agreement on “Administration of the Number Portability Central Database” of October 1, 2010, between the Commission and Ltd “Mediapro Georgia”, to be granted to Mr. Vakhtang Abashidze, the Chairman of the Commission;

7. The Administrative Department of the Commission shall publish this decision on the as well as the official text of the decision and its English translation on the Commission web-site (www.gncc.ge). In the case of divergences of the interpretation the official text shall prevail;

8. The Press-secretary of the Commission shall disseminate information on  announcement of the Contest through mass media;

9. This decision shall come into force upon its announcement on the Commission Session.

10. This decision can be appealed at the board of administrative cases of Tbilisi City Court (address: Tbilisi, D. Agmashenebeli ave, 12th km) within a month;

11. The Administrative Department (I.Kharebava) of the Commission shall examine the implementation of the decision.  

Chairman of the Commission                             V.Abashidze

Members of the Commission                                     E.Asanidze

                                                                               K.Bekauri

                                                                               G.Pruidze

                                                                               M.Katamadze
 

Approved under the Commission Decision N 819/10 of December 29, 2015

Annex N1

Terms and Conditions of Conducting the Contest for Selection of the Number Portability Central Database Administrator

(Contest Terms and Conditions)

Article 1. Contest Terms

1. Contest shall be announced on December 29, 2015;

2. The potential candidates can submit the Contest applications and enclosed documents from February 25, 2016, 10:00am until April 11, 2016, 19:00pm;

3. Contest application and enclosed documents shall be submitted at the following address: Tbilisi, 0144, Ketevan Tsamebuli ave/Bochorma st. 50/18;

4. Contest application and enclosed documents shall be received by the Administrative Department of the Commission (I. Kharebava);

5. The first session of the Contest Board shall be held on April 12, 2016, at 15:00; 

6. The Contest Board shall be empowered until April 25, 2016, 19:00 – ten working days from the first Session of the Board.

Article 2. Potential Candidates of the Contest

1. Any legal entity, registered in Georgia or in any other foreign country, can participate in the Contest, provided that the following requirements shall be met:

a) Contest participant, independently or together with its interdependent (affiliated) entity, shall have experience in development of Number Portability Central Database (hereinafter NPCDB) in at least 2 countries. Namely,  Number Portability Central Database System (hereinafter NPCDB System) offered by the Contest participant should be implemented and operated in at least 2 countries;

b) Contest participant, independently or together with its interdependent (affiliated) entity, shall have experience in administration of NPCDB; particularely, Contest participant and/or its founder, whose direct or indirect share should be no less that 20%, shall have the NPCDB administration experience.

c) Contest participant independently, or its interdependent (affiliated) entity shall not be under liquidation and/or restructuring process; and the bankruptcy proceedings shall not be filed against it or its affiliated entity;

2. Electronic communications network operators/service providers authorized in accordance with the Law of Georgia “On Electronic Communications”, and/or their interdependent (affiliated) entities (defined according to the Article 2, of the Law of Georgia “On Electronic Communications”) shall be banned from participating in the Contest.

Article 3. Contest Application and Enclosed Documents

1.  Legal entity wishing to participate in the Contest shall submit the Contest application, in Georgian, to the Commission;

2. The following documents shall be enclosed with the Contest application:

a) duly certified incorporation document of the legal entity (dully authorized Georgian translation shall be attached to the documents in foreign language);

b) duly certified document proving authorization of contest participant’s representative (in Georgian or English language accompanied with Georgian translation certified by notary);

c) written confirmation of the participant (duly authorized Georgian translation) stating that it or it’s interdependent (affiliated) entity are not an electronic communications network operator(s)/service provider(s) authorized in accordance with the Law of Georgia “On Electronic Communications” (in Georgian or English language); information on all affiliated entities and partners/shareholders of the Content participant until the Contest Board is able to define the identity of natural persons holding directly or indirectly 20% or more shares of the company shall be attached to the written confirmation;

note:“Interdependence” shall mean the existence of special relations between interdependent (affiliated) persons, which may have direct influence on the terms of deals between them and their economic outcomes. These relations shall be deemed special: where these persons are founders (participants) of the same company provided their joint share is not less than 20%; where one person directly or indirectly participates in another person’s company, provided its share is not less than 20%; where one person is subordinated to another or is under direct or indirect control of another; where persons represent subsidiaries or are directly or indirectly controlled by a third party; where persons jointly, directly or indirectly, control a third party; and where persons are relatives (For the purposes of the present law relatives shall be: household members; direct ascending and descending relatives; adopted children; and siblings as well as adopted children of a parent or a child) – Law of Georgia on Electronic Communication, Article 2, paragraph “jj”.

d) the Content participant shall, if the Commission requires, provide any information on interdependent (affiliated) entity, defined in Law of Georgia on Electronic Communication, as well as the relevant documents, within 10 working days.

e) supporting documents indicating the contest participant’s experience in development of NPCDB as laid down in Article 2 paragraph 1 of the Contest terms and conditions; Namely, the documents shall prove that the proposed database system has been developing  in at least 2 counties; Also, supporting documents shall prove the contest participant’s experience in administration of NPCDB;

f) contest participant shall provide permission on implementation of the proposed database software in Georgia and/or prior consent of the manufacturer;

g) documents shall prove compliance with rules and requirements of the Article 2, paragraph 1, sub paragraph “c” of the Contest Terms and Conditions;

h) bank guarantee of 100,000 (hundred thousand) GEL or its equivalent in foreign currency valid until June 30, 2016;  

i) Contest Proposal covering Technical Terms and Tariff Conditions;

3. Technical terms of the proposal shall be presented in a separate sealed envelope, in Gerogian or English language. It should include detailed specifications of the proposed database system and supporting documentation indicating its compliance with the technical specifications defined under Articles 4 and 5 of the Contest Terms and Conditions (database system/software manufacturer catalogues and other documentation);

4. Tariff conditions of the Contest Proposal  shall be submitted in a separate sealed envelope  and shall  include filled-in form of  Annex 1 of the Contest Terms and Conditions;

5. Presented technical and tariff conditions shall be signed by the relevant authorized person; at the same time, the pages of documents provided in the sealed envelope shall be properly numbered and bound;

6. The documents defined in this Article,  paragraph 2, sub- paragraphs “a”, “b”, “c”, “d”, “e”, “f”, “g” shall be submitted separately from the technical and tariff conditions of the Contest Terms and Conditions, so that they can be reviewed and examined without opening the envelopes of technical and tariff conditions;

7. According to paragraphs 3 and 4 of this Article, the following must be indicated on the envelopes: 

  1. The name and address of the organizer of the Contest;
  2. The name and  address of the entity wishing to participate in the Contest;
  3. Description of the contents of the envelope (table of contents).

8. Contest participant or its interdependent (affiliated) entities, jointly or independently, are entitled to submit one Contest Application to the Commission;

9. Charges associated with the submission of Contest Application and enclosed documents shall not be remunerated to the potential applicants;

10. After deadline for submission of  Contest Applications, the Contest Application or enclosed documents shall not be amended or otherwise modified; except the case defined in Article 3, paragraph 2, sub-paragraph “d”.

11. Applicants shall have the right to refuse to participate in the contest at any stage of the contest. If the Contest participant decides to withdraw the Contest Application and enclosed documents prior to the submission deadline, all documents submitted, including bank guarantee and except Contest Application, shall be returned. If the Contest participant decides to withdraw the Contest Application and enclosed documents after the submission deadline, the documents shall not be returned and the bank guarantee is subject to withdrawal;

12. The bank guarantees of the Contest participants, except the bank guarantee of the winner, shall be returned by the Commission within ten days after the contest winner is announced; The bank guarantee shall not be returned to the Contest participant if the participant had submitted false contest application or enclosed documents;

13. The bank guarantee of the contest winner shall not be returned and is subject to the withdrawal by the commission if:

  1. the contest winner fails to submit the bank guarantee required for the provision of the agreement on administration of NPCDB;
  2. the contest winner refuses/fails to conclude the agreement with the Commission on administration of  NPCDB.

Article 4. Additional Conditions and Enclosed Document

1. Potential Candidate of the contest shall submit official confirmation and technical documents indicating, that the proposed database system is compatible and/or will comply to the existing subscriber number portability database operational systems implemented and used by authorized undertakings (operators), without  incurring any substantial additional costs; Namely, the interface(s) of the NPCDB operational database of the authorized persons shall not require modification;

N.B: Acting NPCDB administrator – “Mediapro Georgia” ltd,  uses NUMLEX software and SOAP interface to provide service to the authorized persons connected to the system; information exchange with the portability database is executed in CSV format;

2. In case, the provision of compliance of the proposed database system with the existing subscriber number portability database operational systems implemented by authorized undertakings requires additional substantial costs, the contest participant shall provide written confirmation, that if winning, the contest participant shall cover the additional costs. The above-mentioned substantial costs include:

a)      Costs related to the interface modification (if such costs are necessary);

b)      Costs related to the training of technical staff; namely expert  fees, which shall not exceed 5 person/day for each authorized undertaking;

c)      Costs related to the training of customer care representatives; namely expert  fees, which shall not exceed 5 person/day for each authorized undertaking;

d)      Costs related to the testing of the NPCDB operational database(s) of the authorized undertakings, which shall not exceed 20 person/day for each authorized undertaking;


 

Article 5. Technical Specifications of NPCDB

1. The technical specifications of the NPCDB, submitted by the contest participant shall meet the following requirements:

a) NPCDB shall serve persons having authorization on the provision of electronic communications networks and/or services;

b) NPCDB shall provide the portability service to the persons having authorization on the provision of electronic communications networks and/or services on the following:

b.a) subscriber number portability between mobile electronic communications network and/or service providers (non-geographic);

b.b) subscriber number portability between fixed communications network an/or service providers (Geographic/non-geographic VoIP connection);

b.c) subscriber number portability between fixed communications network and/or service providers that provide services via wireless access, including the cellular communication networks (Geographic/non-geographic);  

c) NPCDB proposed by the Contest participant shall have the capacity  to administrate no less than 50 authorized persons (electronic communications network operators/services providers); Also, it shall be able, without any essential modifications to the NPCDB hardware and/or software, to serve more Authorized undertakings;

d) NPCDB shall ensure administration of all ported subscriber numbers without interruption;

e) NPCDB consumer interface shall be in Georgian language;

f) NPCDB must function uninterruptedly (24 hours per day, 7 days per week);

g) NPCDB annual service availability shall be no less than 99.7%;

h) NPCDB system shall have possibility of integrating additional module(s), without making essential changes to NPCDB hardware and/or software;

i) NPCDB shall store technical information necessary for troubleshooting, system maintenance and preventive procedures;

2. NPCDB offered by technical conditions of the Contest Proposal shall ensure:

a) arrangement of automatic process of portability and its effective administration between the electronic communications network and/or services providers;

b)   the possibility for electronic communications network and/or services providers to receive periodically (at least once in 24 hours) information, essential for the synchronization of the data of NPCDB with the operational databases of the authorized undertakings necessary to direct the call to the ported subscriber numbers;

c) the possibility, for electronic communications network and/or services providers, to receive information on any specific ported number, at any time, by means of a single, separate synchronization of the  operational database of the authorized undertaking and  NPCDB;  

3. NPCDB proposed by the Contest participant shall implement the algorithm of number portability process between electronic communications network and/or services providers that shall comply with the following requirements:

a) the porting process shall be centralized;

b) NPCDB shall record terms of all steps of porting process and their compliance with given terms;

4. Guidelines for algorithm of administration of number portability:

a) The recipient operator shall fill in the number portability electronic application form, where the following shall be specified:

a.a) date and time of the porting application;

a.b) information about subscriber willing to port his/her number: in case of natural person – name, surname, personal number and contact information; in case of legal person – the name of the legal entity, name and Surname of the authorized representative, ID code and contact information;

a.c) subscriber number/numbers required by the subscriber to be ported (indicated numbers shall be entered one by one or as a range;

a.d) name of the donor operator;

a.e) name of the recipient operator;

a.f )  the name,  surname and  contact information of the person receiving the portability application;

b) NPCDB shall elaborate the number portability request application form, control the time limits defined in “Regulations on Number Portability” approved by the Commission Resolution N 3 of July 6, 2010; Also, accept or reject the Application; 

c) in case the portability request is rejected, NPCDB shall notify the recipient operator the reason or/and the error;

d) in case number portability request is approved, NPCDB shall assign “New Request” status, shall notify the recipient as well as sent Application to the donor operator;

e) NPCDB shall assign unique number to each new application;

f) the donor, upon receiving the number portability application, shall fill out the  appropriate fields, approve or reject the validity of the information provided by the subscriber; if rejected, shall indicate the rejection criteria as defiend in the “Regulation on Number Portability” approved by the Commission Resolution N 3 of July 6, 2010; 

g) NPCDB shall save the information filled in by the donor, shall assign the “Reviewed Request” status to the Application and shall notify the recipient operator thereof;

h) The recipient operator, upon opening the reviewed request, shall be able to see the information filled in by the donor operator and either confirm or decline the porting process;

i) In case the number portability request is declined by the recipient operator, the latter shall fill the number portability declination act/from which shall include the following information:

i.a) date and time of portability request rejection;

i.b) the reason(s) for portability request rejection;

i.c) the name, surname and  contact information of the natural person who filled out the rejection form;

j) In case of number portability request confirmation:

j.a) NPCDB shall assign so called “Approved” status to the Application;

j.b) NPCDB shall notify the donor and the recipient operators (and all other operators related/connected to the NPCDB) about the date and time of the completion of the number portability;

j.c) the donor operator shall deactivate the ported number(s) by the time specified by NPCDB and shall send the relevant notification of deactivation to NPCDB;

j.d) the recipient operator shall activate the ported number(s) by the time specified by NPCDB and shall send the relevant notification of activation to NPCDB;

j.e) NPCDB shall assign the status "Activated" to the Application and fill in the information about the ported number(s) in the NPCDB, in order to make it accessible for the the electronic communications network and/or service providers;

5. Proposed NPCDB shall comply with the following functional requirements:

a) database system shall store the following:

a.a) information on subscriber numbers allocated to the authorized undertakings having authorization on electronic communications network and/or service provsion;

a.b) information on the ported numbers;

a.c) information on past a current number resource holders;

a.d) number portability history (number portability process flow and related information);

a.e) number portability quantity of each subscriber number;

b) all information related to a specific electronic communications network or/and service provider and stored in NPCDB, shall be accessible only to this specific provider;

c) NPCDB shall ensure the possibility to search certain parts of all characteristics of stored information;

d) NPCDB shall ensure the possibility, for the electronic communications network or/and service providers to administer the data available to them (to filter and/or to group the information), to develop statistical reports, to make use of the information related to the subscriber number portability;

e) NPCDB shall provide the possibility to obtain all information in an electronic format;

f) NPCDB shall ensure that the recipient and donor operators have the possibility (by NPCDB) to look over the entire process flow related to the number portability (including Application receipt, Application status history and other necessary information);

g) NPCDB shall ensure that the electronic communications network and/or service providers have the possibility to receive the following information:

g.a) changes made to the NPCDB;

g.b) malfunctioning, damage and (or) restoration of NPCDB operation;

g.c) other notifications;

6. Proposed NPCDB shall comply with the following safety requirements:

a) control of the access rights granted to the electronic communications network and/or service providers shall be carried out only by the NPCDB;

b) the access rights granted to the electronic communications network and/or service providers shall be limited by the NPCDB management system;

c) the access rights granted to the electronic communications network and/or service providers shall be caried out by the NPCDB  administrator;

d) access to NPCDB shall be provided through coded channel;

e) NPCDB shall have the possibility to offer several ways of access to the system, including access by means of a secured electronic signature clearly identifying the electronic communications network and/or service providers and confirming accuracy of the information provided. The administrator shall be responsible for safety of the access measures provided.

Article 6. Tariff Terms and Conditions of the Contest Proposal

Tariff Conditions of the Contest Proposal shall be provided in accordance with Annex 1 of the “Contest Regulations”; it shall be provided as a fixed annual fee defined for the portability service; it shall cover the implementation of NPCDB and all costs related to its administration (provision of portability process) of which:

a)      service fee of synchronization of database operating systems of authorized undertakings with NPCDB shall be 2% of the total amount;  

b)      service fee for the provision of number portability process, for the authorized undertakings shall be 98% of the total amount;

c)      fixed annual fee for portability services shall be distributed among authorized undertakings according to the formula defined in Article 10, paragraph “h” of the “Regulations on Number Portability” approved by the Commission Resolution N3 of July 6, 2010;

3. Proposed Tariff Terms and Conditions (fixed annual fee for the portability services) shall be specified in EUR (Euro), excluding VAT and shall not exceed EUR 500,000 (five hundred thousand);

Article 7. Regulations on Conducting the Contest for Selection of the NPCDB Administrator

1. Contest for selection of the NPCDB administrator shall be conducted by the Contest Board defined in this decision as well as in the “Regulation on Number Portability” approved by Commission Resolution N3 of July 6,2010;

2. The Contest Board Session shall be authorized, if at least 9 (nine) members attend the Session; the decision shall be made by voting, by no less than seven votes; if any invited Contest Board member does not attend the Session, the authorized undertaking shall replace him/her with other representative, granting him/her authorization by means of official letter;

3. The minutes of the Session shall be signed by the Chairperson and the Secretary of the Contest Board;

4. Decisions, evaluations and conclusions of the Contest Board shall be  included in the minutes of the Session;

5. The first Session of the Contest Board shall be held in accordance with the terms defined in the Contest Regulations, the subsequent session shall be called by the Chairperson of Contest Board;

6. At the first session of the Contest Board, the Chairperson shall introduce the composition of the Contest Board to the Contest participants; shall determine the quorum and inform the participants on working procedures of the board;

7. At the Session, the Secretary of the Contest Board shall introduce contest participants to the board;

8. The Contest Board shall review the Contest applications and the enclosed documents according to the registration date and number of the application;

9. At the first session the Contest Board shall determine the accuracy of the Contest application and enclosed documents and shall decide whether the contest participant is admitted or disqualified;

10. The Contest participant shall be disqualified, if:

a)  the Contest application is submitted by improper entity;

b) the Contest application and the enclosed documents are incomplete, or submitted documents are  not signed by the Contest participant or its duly authorized representative;  

c) the Contest application and the enclosed documents are not submitted in  a form defined under the “Contest Regulations”;

d) the documents indicating the compliance with the requirements defined in Article 2 of the Contest Terms and Conditions are not submitted;

e) Information provided is false (inaccurate);

11. If grounds for disqualification exist, the Contest Board shall make decision to disqualify the Contest participant by open voting; the voting results shall be reflected in the minutes of the Contest Board Session. If Contest board does not make decision on disqualification, the Contest participant is deemed admitted;

12. Contest Board members with no objection for disqualification, shall define the reasons for disqualification individually, in written, as determined in Contest Terms (Annex 2 of the Contest Terms and Conditions); this document should be prepared in two copies and should be confirmed by the signature;  one copy of the document should be transferred to the Secretary of the Contest Board;

13. At the initial stage of Contest application and enclosed documents’ assessment, after disqualification process of the Contest participant(s) is completed, the Contest Board shall open sealed envelopes of Technical Terms of the Contest Proposal in relevant sequence and shall check the compliance of the provided documents with the data indicated on the envelope, whereupon opened envelopes and their content shall be transferred to the Secretary;

14. Technical specifications of the contest proposal shall be examined; Contest Board members shall confirm compliance of the documents with requested Terms and Conditions within five calendar days after first session of the Contest Board;

15. Contest participant is disqualified, if the presented technical specifications does not comply with the requirements defined in Articles 4 and 5 of Contest Terms and Conditions;

16. Each member of the Contest Board shall confirm the compliance with the requirements set out in the Contest Terms and Conditions; if grounds for disqualification exist, the Contest Board shall make decision to disqualify the Contest participant by open voting; the voting results shall be reflected in the minutes of the Contest Board Session. If Contest board does not make decision on disqualification, the Contest participant is deemed admitted;

17. Contest Board members with no objection for disqualification, shall define the reasons for disqualification individually, in written, as determined in Contest Terms (Annex 2 of the Contest Terms and Conditions); this document should be prepared in two copies and should be confirmed by the signature;  one copy of the document should be transferred to the Secretary of the Contest Board;

18. After completion of the technical specifications confirmation process, the sealed envelopes with Tariff Terms and Conditions shall be opened according to application registration date and number, in the presence of participants; open document shall be published;

19. Tariff Terms and Conditions shall be the main criteria of Contest Proposal evaluation; the participant presenting the lowest amount of fixed annual fee for portability service shall be defined as the contest winner;

20. If the Contest Board, after the sealed envelopes with Tariff Terms and Conditions are opened, identifies grounds for disqualification, the board is empowered to disqualify Contest participant(s);

 21. In order to examine, compare and evaluate the proposals and enclosed documants, the Commission shall allocate a specially equipped working room to the Contest Board;

22. The members of the Contest Board shall not, until the end of the Contest Board effective term, disclose information which became known to them, shall not make copies of and  records on documents submitted by the Contest participants, shall not violate the integrity of the submitted documents or otherwise damage them;

23.  Copy of the signed decision of the Contest Board shall be transferred to each participant, as well as the Commission and one copy shall be kept by the Contest Board;

24. The decision of the Contest Board is published on the Commission web-site (www.gncc.ge);

25. The decision of the Contest Board shall not be appealed separately from the process;

26. The Commission shall make a decision on announcing the winner, within five working days, after the Contest Board makes the decision.

Article 8. Contest Winner Obligations

1. The Commission, within 30 days after making the decision on announcing the Contest winner, shall sign the agreement on administration of NPCDB with the Contest winner;

2. The Commission, within five days after announcing the Contest winner, shall send the certified copy of the decision to the winner, which shall include (in a mandatory manner) the following:

a) the deadline for signing the agreement defined in paragraph 1 of this article;

b) the deadline for submission of the bank guarantee, securing the implementation of NPCDB;

c) agreement validity term –  5 years.

3. The winner of the contest, within the timeframe defined by the Commission, shall submit bank guarantee for GEL 100,000 (one hundred thousand) or its equivalent in foreign currency, valid for 8 months, as defined in paragraph 2 of this Article;

4. The Commission shall send the winner the Agreement defined in the paragraph 1 of this Article, within five days after Contest winner submits bank guarantee, determined in paragraph 3 of this Article;

5. The Agreement, defined under paragraph 1 of this article, shall be signed within the term outlined in paragraph 1 of this Article. If parties do not complete the negotiations by signing the agreement within the term defined in paragraph 1of this Article, the Commission is entitled to pull out its decision on announcing the Contest winner; in such case the bank guarantee determined in paragraph 3 of this Article is subject to withdrawal by the Commission;  

6. The decision determined in paragraph 5 of this Article shall be made also in case the Contest winner fails to submit the bank guarantee within the time period defined in this article;

7. In cases defined in paragraphs 5 and 6 of this Article, the contest winner shall not have the right to claim the compensation;

8. The following obligations of the NPCDB Administrator shall be covered by the liability  terms of the Agreement:

a)   to provide service in the territory of Georgia (except occupied territories); as for occupied territories (defined in the Law of Georgia “On Occupied Territories”) the service shall be provided right after the appropriate conditions come into force;

b)   to develop NPCDB system within the six months after the agreement is signed;

c)   to ensure the testing mode of NPCDB from November 24, 2016 till December 8, 2016;

d)   to ensure the portability service provision, within the 3 months after the Commission request and without substantial additional costs and substantial changes to the hardware and software of NPCBD, in the following cases:

d.a)   to ensure subscriber number portability between electronic communications network and/or service providers for numbering resource used for intelligent network services (non-geographic);

d.b)   to ensure subscriber number portability between fixed communications network and/or service providers that provide services via wireless access, including the cellular communication networks (Geographic/non-geographic);

d.c)   to ensure subscriber number portability between mobile communications network and/or service providers and fixed communications network and/or service providers;

e)   to develop technical instructions and guidelines for number portability and NPCDB;

f)    to ensure proper functioning of NPCDB;

g)   to perform its activities in a transparent manner, ensure the transparency of financial, technical legal and administrative terms and conditions of NPCDB;

h)   to submit  the annual report to the Commission, including financial reports, by March 1 of upcoming year;

i)    to submit the information available in NPCDB, with the exception of the information referred to as personal data of the end-user (subscriber) immediately, upon the request of the Commission and/or within timeframes and periodicity defined by the Commission;

j)    provide portability service to electronic communications network and/or service providers with tariffs (in national currency of Georgia), defined in Contest Proposal and in line with the terms and conditions of the “Regulation on Number Portability” approved by Commission Resolution N3 of July 6,2010 and the agreements with GNCC and operators;

k)   fulfill other requirements defined by the Commission;

9. The Technical Centre (hereafter Technical Center) of the NPCDB shall comply with the following requirements:

a) staff of the Technical Center shall be available 24/7;

b) the building of the Technical Centre shall comply with the seismic standards;

c) the Technical Centre shall not be located in a cellar, basement and/or attic of the building;

d) the building of the Technical Centre shall be located in Tbilisi;

e) the inner and external premises of the Technical Centre must be monitored by a CCTV system 24 hours/day; recorded data must be kept for no less than one calendar month;

f) the premises of the Technical Centre shall be equipped with fire safety conditions;

g) the premises of the Technical Centre shall have the backup equipment for air temperature and humidity (conditioning) management, which shall ensure the following temperature parameters during 24/7:

g.a. temperature: 20°C - 25°C;

g.b. humidity: 40%-55%

h) technical Centre shall not have windows overlooking exterior;

i) power supply of the Technical Centre shall be provided with two independent electric cables incoming from different power sub-stations;

j) the Technical Centre shall be equipped with back-up system for uninterrupted power supply (UPS).  UPS must be additionally duplicated by a diesel generator that shall be at least twice powerful than UPS;

k) the Technical Centre shall be equipped with electricity emergency automatic shutdown system and with capability of automatic switching between power supply sources;

l) entry to the Technical Centre shall be limited; each entrant must be registrared.

Annex N1 to the Contest Terms and Conditions

Tariff Terms of the Proposal

1.      Title of the Contest Participant:

2.      Name and Surname of the authorized representative (signatory):

_________________________________________________________________________________

3.       By signing below, I certify that, the submitted annual fixed portability service fee is in Euros, excluding VAT, and complies with the requirements defined in Commission Resolution N3 on the “Regulation on Number Portability” of July 6, 2010 and requirements defined under Contest Terms and Conditions; the submitted fee equals to _____________  (figures)  ___________________________________________ (verbally) Euro.

 

 _____________________________                                                            _________________________

(name and Surname of the signatory)                                                             (signature)

 

(Stamp)

 

Annex N2 to the Contest Terms and Conditions

Explanatory Form:

 

Name and Surname of the Contest Board Member:   __________________________________________________________

Title of the Contest Participant:              __________________________________________________________

 1st phase of evaluation: €

2nd phase of evaluation: €

N

The reasons for disqualification

Contest Board Member explanation

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________________________________                                                        __________________________

(Name and Surname of the signatory)                                                             (signature; date)