TENDER FOR PROVISION OF TELECOMMUNICATION VOICE … · 2020-05-29 · 1.6 Prices quoted should be inclusive of all taxes, must be expressed in Kenya shillings and shall remain valid

Issued by the Communications Authority of Kenya – MAY 2020

OPEN NATIONAL TENDER

TENDER FOR THE PROVISION OF TELECOMMUNICATIONS CELLULAR MOBILE NETWORK INFRASTRUCTURE AND

SERVICES IN THE UNSERVED AND UNDERSERVED AREAS OF KENYA - PHASE 2

TENDER NO.CA/PROC/OT/48 /2019-2020

SUBMISSION DEADLINE:

WEDNESDAY 22ND JULY 2020 AT 10:30 AM

Director- General

Communications Authority of Kenya

P.O Box 14448

Westlands 00800

Nairobi, Kenya

Tel: +254 703 042000

Email: [email protected]

Website: www.ca.go.ke

Issued by the Communications Authority of Kenya – May 2020

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TABLE OF CONTENTS PAGE

SECTION I INVITATION TO TENDER…………………….……………….. 3

SECTION II INSTRUCTIONS TO TENDERERS……………………………. 5

Appendix to Instructions to Tenderers ………………………… 19

SECTION III GENERAL CONDITIONS OF CONTRACT…………..……….. 32

SECTION IV SPECIAL CONDITIONS OF CONTRACT…………….……….. 37

SECTION V TECHNICAL SPECIFICATIONS……………………………….. 38

SECTION VI DELIVERY SCHEDULE …………………..…………………… 51

SECTION VII

SUBSIDY PAYMENT SCHEDULE …………………..….…….. 52

SECTION VIII STANDARD FORMS………………….…………..…………….. 55

8.1 FORM OF TENDER……………………………..…………... 56

8.2 PRICE SCHEDULE……………………………..…………… 58

8.3 CONTRACT FORM………………………………………….. 59

8.4 CONFIDENTIAL BUSINESS QUESTIONNAIRES FORMS.. 61

8.5 TENDER SECURITY FORM………………………........... 63

8.6 PERFORMANCE SECURITY FORM…………………….. 65

8.7 LETTER OF NOTIFICATION OF AWARD FORM……… 67

8.8 ANTI CORRUPTION DECLARATION FORM…….……... 68

8.9 TENDER RECEIPT ACKNOLEDGEMENT FORM………. 71


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SECTION I – INVITATION TO TENDER

TENDER NO. : CA/PROC/OT/48/2019-2020

TENDER FOR THE PROVISION OF TELECOMMUNICATIONS CELLULAR MOBILE NETWORK INFRASTRUCTURE AND SERVICES IN THE UNSERVED AND UNDERSERVED AREAS OF KENYA -PHASE 2

1.1 The Communications Authority of Kenya (CA) is the regulatory agency for the ICT

industry in Kenya with regulatory responsibilities in the areas of telecommunications, cyber

security, e-commerce, broadcasting and postal/courier services. CA is also responsible for

managing the country’s frequency spectrum and numbering resources, managing and

administration of the Universal Service Fund (USF) as well as safeguarding the interests of

consumers of ICT services through the country.

1.2 CA hereby invites interested and eligible bidders to participate in the tender for the

establishment of Telecommunications Infrastructure and Service provision in the un-served

and underserved Areas as detailed in the tender document.

1.3 The tender is open to interested and eligible entities. The potential Bidders may view and

obtain further information and inspect the printed tender documents from the CA Centre on

Waiyaki Way, Procurement Division, 2nd floor – Wing A, between 9am to 4pm, Monday to

Friday excluding Public Holidays and weekends, upon payment of a non-refundable fee of

Kshs.1,000. The payment can be remitted through Pay-Bill No.522522 and a receipt

obtained from our Accounts office, located at the Ground Floor, CA Centre.

1.4 The tender document can also be accessed and downloaded from the Authority’s website

https://ca.go.ke/about-us/do-business-with-us/open-tenders/ or Public Procurement

Information Portal (PPIP) supplier portal (http://www.tenders.go.ke/website/tenders/index

free of charge.

1.5 The firms that download the document must however arrange to forward their

particulars/contacts to the Head of Procurement, Communications Authority of Kenya,


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through email address [email protected] before the closing date for records and for the

purposes of receiving clarifications and/or addendum, if any. Additional information

relating to this tender, if any, will be availed through the Authority’s website and PPIP from

time to time.

1.6 Prices quoted should be inclusive of all taxes, must be expressed in Kenya shillings and

shall remain valid for a period of 150 days from the closing date of the tender.

1.7 The tender MUST be accompanied by an original tender security of Kshs. 10,000,000 in

form of a guarantee from a bank licensed by the Central Bank of Kenya (CBK) or Insurance

Company approved by the Insurance Regulatory Authority (IRA).

1.8 Duly Completed tender documents, in a plain sealed envelope clearly marked;

CA/PROC/OT/48/2019-2020- “PROVISION OF TELECOMMUNICATIONS

CELLULAR MOBILE NETWORK INFRASTRUCTURE AND SERVICES IN THE

UNSERVED/UNDERSERVED AREAS – PHASE 2” should be deposited in the CA

tender box on the ground floor of the CA Centre along Waiyaki Way on or before

Wednesday, 22nd July 2020 at 10.30 a.m.

1.9 Bidders are required to serialize all bid documents as per the requirements of the Public

Procurement and Asset Disposal Act (PPADA), 2015 clause 74(1)(i).

1.10 Tenders will be opened immediately thereafter on the Ground Floor, Meeting Room 2, in

the presence of the tenderers representatives who choose to attend.

1.11 Bidders are advised to undertake assessment of sites in the proposed sub locations in the lots

on offer that they intend to tender for before bidding in order to familiarize with the sites.


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SECTION II - INSTRUCTIONS TO TENDERERS 2.1 Eligible Tenderers

2.1.1. This Invitation to tender is open to all tenderers eligible as described in the instructions to

tenderers. Successful tenderers shall be expected to establish the infrastructure and provide

the services described in accordance with the framework provided for in this tender

document and the overall prevailing regulatory framework in Kenya.

2.1.2. The procuring entity’s employees, committee members, board members and their relative

(spouse and children) are not eligible to participate in the tender unless where specially

allowed under section 55(3) of the Act.

2.1.3. Tenderers shall provide the qualification information statement that the tenderer (including

all members, of a joint venture and subcontractors) is not associated, or have been

associated in the past, directly or indirectly, with a firm or any of its affiliates which have

been engaged by the Procuring entity to provide consulting services for the preparation of

the design, specifications, and other documents to be used for the procurement of the

services under this Invitation for tenders.

2.1.4. Tenderers involved in corrupt or fraudulent practices or debarred from participating in

public procurement shall not be eligible.

2.2 Cost of Tendering

2.2.1. The Tenderer shall bear all costs associated with the preparation and submission of its

tender, and the procuring entity, will in no case be responsible or liable for those costs,

regardless of the conduct or outcome of the tendering process.

2.2.2. The price to be charged for the tender document shall not exceed Kshs.5,000/=


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2.2.3. The procuring entity shall allow the tenderer to review the tender document free of charge

before purchase.

2.3 Contents of Tender Documents

2.3.1. The tender document comprises of the documents listed below and addenda issued in

accordance with clause 6 of these instructions to tenders

i) Instructions to tenderers

ii) General Conditions of Contract

iii) Special Conditions of Contract

iv) Schedule of Requirements

v) Details of service

vi) Form of tender

vii) Price schedules

viii) Contract form

ix) Confidential business questionnaire form

x) Tender security form

xi) Performance security form

xii) Principal’s or manufacturers authorization form

xiii) Declaration form

2.3.2. The Tenderer is expected to examine all instructions, forms, terms, and specifications in the

tender documents. Failure to furnish all information required by the tender documents or to

submit a tender not substantially responsive to the tender documents in every respect will be

at the tenderers risk and may result in the rejection of its tender.

2.4 Clarification of Documents

2.4.1. A prospective candidate making inquiries of the tender

document may notify the Procuring entity in writing or by post, fax or email at the entity’s


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address indicated in the Invitation for tenders. The Procuring entity will respond in writing

to any request for clarification of the tender documents, which it receives no later than seven

(7) days prior to the deadline for the submission of tenders, prescribed by the procuring

entity. Written copies of the Procuring entities response (including an

explanation of the query but without identifying the source of inquiry) will be sent to all

prospective tenderers who have received the tender documents”

2.4.2. The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of

receiving the request to enable the tenderer to make timely submission of its tender

2.5 Amendment of Documents

2.5.1. At any time prior to the deadline for submission of tenders, the

Procuring entity, for any reason, whether at its own initiative or in

response to a clarification requested by a prospective tenderer, may

modify the tender documents by issuing an addendum.

2.5.2. All prospective tenderers who have obtained the tender documents will be notified of the

amendment by post, fax or email and such amendment will be binding on them.

2.5.3. In order to allow prospective tenderers reasonable time in which to take the amendment into

account in preparing their tenders, the Procuring entity, at its discretion, may extend the

deadline for the submission of tenders.

2.6 Language of Tender

2.6.1. The tender prepared by the tenderer, as well as all correspondence and documents relating to

the tender exchanged by the tenderer and the Procuring entity, shall be written in English

language. Any printed literature furnished by the tenderer may be written in another

language provided they are accompanied by an accurate English translation of the relevant

passages in which case, for purposes of interpretation of the tender, the English translation

shall govern.


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2.7 Documents Comprising the Tender

2.7.1. The tender prepared by the tenderer shall comprise the following components:

(a) A Tender Form and a Price Schedule completed in accordance with paragraph 9, 10 and

11 below.

(b) Documentary evidence established in accordance with Clause 2.11 that the tenderer is

eligible to tender and is qualified to perform the contract if its tender is accepted;

(c) Tender security furnished is in accordance with Clause 2.12

(d) Confidential business questionnaire

2.8 Form of Tender

2.8.1. The tenderers shall complete the Form of Tender and the appropriate Price Schedule

furnished in the tender documents, indicating the services to be performed.

2.9 Tender Prices

2.9.1. The tenderer shall indicate on the Price schedule the unit prices where applicable and total

tender prices of the services it proposes to provide under the contract

2.9.2. Prices indicated on the Price Schedule shall be the cost of the services quoted including all

customs duties and VAT and other taxes payable

2.9.3. Prices quoted by the tenderer shall remain fixed during the term of the contract unless

otherwise agreed by the parties. A tender submitted with an adjustable price quotation will

be treated as non-responsive and will be rejected, pursuant to paragraph 2.22

2.9.4. Contract price variations shall not be allowed for contracts not exceeding one year (12

months)

2.9.5. Where contract price variation is allowed, the variation shall not exceed 10% of the original

contract price.

2.9.6. Price variation requests shall be processed by the procuring entity within 30 days of

receiving the request.


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2.10 Tender Currencies

2.10.1. Prices shall be quoted in Kenya Shillings unless otherwise specified in the appendix to

Instructions to Tenderers

2.11 Tenderers Eligibility and Qualifications.

2.11.1. Pursuant to Clause 2.1 the tenderer shall furnish, as part of its tender, documents

establishing the tenderers eligibility to tender and its qualifications to perform the contract if

it’s tender is accepted.

2.11.2. The documentary evidence of the tenderers qualifications to perform the contract if its

tender is accepted shall establish to the Procuring entity’s satisfaction that the tenderer has

the financial and technical capability necessary to perform the contract.

2.12 Tender Security

2.12.1. The tenderer shall furnish, as part of its tender, a tender security for the amount and form

specified in the Invitation to tender.

2.12.2. The tender security shall be in the amount not exceeding 2 per cent of the tender price. The

tender security is required to protect the Procuring entity against the risk of Tenderer’s

conduct which would warrant the security’s forfeiture, pursuant to paragraph 2.12.7

2.12.3. The tender security shall be denominated in a Kenya Shillings or in another freely

convertible currency and shall be in the form of:

a) A bank guarantee.

b) Cash.

c) Such insurance guarantee approved by the Authority.

d) Letter of credit

2.12.4. Any tender not secured in accordance with paragraph 2.12.1 and 2.12.3 will be rejected by

the Procuring entity as non responsive, pursuant to paragraph 2.20


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2.12.5. Unsuccessful tenderer’s security will be discharged or returned as promptly as possible but

not later than thirty (30) days after the expiration of the period of tender validity prescribed

by the procuring entity.

2.12.6. The successful tenderer’s tender security will be discharged upon the tenderer signing the

contract, pursuant to paragraph 2.29, and furnishing the performance security, pursuant to

paragraph 2.30.

2.12.7. The tender security may be forfeited:

(a) If a tenderer withdraws its tender during the period of tender validity specified by the

procuring entity on the

Tender Form; or

(b) (b) In the case of a successful tenderer, if the tenderer fails:

(i) to sign the contract in accordance with paragraph 30

or

(ii) to furnish performance security in accordance with paragraph 31.

(c) (c) If the tenderer rejects, correction of an error in the tender.

2.13 Validity of Tenders

2.13.1. Tenders shall remain valid for 60 days or as specified in the invitation to tender after date of

tender opening prescribed by the Procuring entity, pursuant to paragraph 2.18. A tender

valid for a shorter period shall be rejected by the Procuring entity as nonresponsive.

2.13.2. In exceptional circumstances, the Procuring entity may solicit the Tenderer’s consent to an

extension of the period of validity. The request and the responses thereto shall be made in

writing. The tender security provided under paragraph 2.12 shall also be suitably extended.

A tenderer may refuse the request without forfeiting its tender security. A tenderer granting

the request will not be required nor permitted to modify its tender.

2.14 Format and Signing of Tender


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2.14.1. The tenderer shall prepare two copies of the tender, clearly / marking each “ORIGINAL

TENDER” and “COPY OF TENDER,” as appropriate. In the event of any discrepancy

between them, the original shall govern.

2.14.2. The original and all copies of the tender shall be typed or written in indelible ink and shall

be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the

contract. All pages of the tender, except for unamended printed literature, shall be initialed

by the person or persons signing the tender.

2.14.3. The tender shall have no interlineations, erasures, or overwriting except as necessary to

correct errors made by the tenderer, in which case such corrections shall be initialed by the

person or persons signing the tender.

2.15 Sealing and Marking of Tenders

2.15.1. The tenderer shall seal the original and each copy of the tender in separate envelopes, duly

marking the envelopes as “ORIGINAL” and “COPY.”

The envelopes shall then be sealed in an outer envelope. The inner and outer envelopes

shall:

a. be addressed to the Procuring entity at the address given in the invitation to tender

b. bear, tender number and name in the invitation to tender and the words: “DO NOT

OPEN BEFORE(day, date and time of closing),”

2.15.2. The inner envelopes shall also indicate the name and address of the tenderer to enable the

tender to be returned unopened in case it is declared “late”. —

2.15.3. If the outer envelope is not sealed and marked as required by paragraph 2.15.2, the

Procuring entity will assume no responsibility for the tender’s misplacement or premature

opening.


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2.16 Deadline for Submission of Tenders

2.16.1. Tenders must be received by the Procuring entity at the address

specified under paragraph 2.15.2 (under Appendix to Instructions to the Tenderers) no later

than (day, date and time of closing)

2.16.2. The procuring entity may, at its discretion, extend this deadline for the submission of

tenders by amending the tender documents in accordance with paragraph 6, in which case

all rights and obligations of the procuring entity and candidates previously subject to the

deadline will thereafter be subject to the deadline as extended.

2.16.3. Bulky tenders which will not fit in the tender box shall be received by the procuring entity

as provided for in the appendix.

2.17 Modification and Withdrawal of Tenders

2.17.1. The tenderer may modify or withdraw its tender after the tender’s submission, provided that

written notice of the modification, including substitution or withdrawal of the tender’s is

received by the procuring entity prior to the deadline prescribed for the submission of

tenders.

2.17.2. The Tenderer’s modification or withdrawal notice shall be prepared, sealed, marked, and

dispatched in accordance with the provisions of paragraph 2.15. A withdrawal notice may

also be sent by cable, but followed by a signed confirmation copy, postmarked not later than

the deadline for submission of tenders.

2.17.3. No tender may be modified after the deadline for submission of tenders.

2.17.4. No tender may be withdrawn in the interval between the deadline for submission of tenders

and the expiration of the period of tender validity specified by the tenderer on the Tender

Form. Withdrawal of a tender during this interval may result in the Tenderer’s forfeiture of

its tender security, pursuant to paragraph 2.12.7.


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2.17.5. The procuring entity may at any time terminate procurement proceedings before contract

award and shall not be liable to any person for the termination.

2.17.6. The procuring entity shall give prompt notice of the termination to the tenderers and on

request give its reasons for termination within 14 days of receiving the request from any

tenderer.

2.18 Opening of Tenders

2.18.1. The Procuring entity will open all tenders in the presence of

tenderers’ representatives who choose to attend, at …(time, day, and date of closing) and in

the location specified in the invitation to tender. The tenderers’ representatives who are

present shall sign a register evidencing their attendance.

2.18.2. The tenderers’ names, tender modifications or withdrawals, tender prices, discounts, and the

presence or absence of requisite tender security and such other details as the Procuring

Entity, at its discretion, may consider appropriate, will be announced at the opening.

2.18.3. The procuring entity will prepare minutes of the tender opening which will be submitted to

the tenderers that signed the tender opening register and will have made the request.

2.19 Clarification of Tenders

2.19.1. To assist in the examination, evaluation and comparison of tenders the procuring entity may

at its discretion, ask the tenderer for a clarification of its tender. The request for clarification

and the response shall be in writing, and no change in the prices or substance shall be

sought, offered, or permitted.

2.19.2. Any effort by the tenderer to influence the procuring entity in the procuring entity’s tender

evaluation, tender comparison or contract award decisions may result in the rejection of the

tenderers tender.

2.20 Preliminary Examination and Responsiveness


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2.20.1. The Procuring entity will examine the tenders to determine whether they are complete,

whether any computational errors have been made, whether required securities have been

furnished whether the documents have been properly signed, and whether the tenders are

generally in order.

2.20.2. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between

the unit price and the total price that is obtained by multiplying the unit price and quantity,

the unit price shall prevail, and the total price shall be corrected. If the candidate does not

accept the correction of the errors, its tender will be rejected, and its tender security may be

forfeited. If there is a discrepancy between words and figures, the amount in words will

prevail.

2.20.3. The Procuring entity may waive any minor informality or nonconformity or irregularity in a

tender which does not constitute a material deviation, provided such waiver does not

prejudice or affect the relative ranking of any tenderer.

2.20.4. Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring entity will

determine the substantial responsiveness of each tender to the tender documents. For

purposes of these paragraphs, a substantially responsive tender is one, which conforms to all

the terms and conditions of the tender documents without material deviations. The

Procuring entity’s determination of a tender’s responsiveness is to be based on the contents

of the tender itself without recourse to extrinsic evidence.

2.20.5. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may

not subsequently be made responsive by the tenderer by correction of the nonconformity.

2.21 Conversion to a Single Currency

2.21.1. Where other currencies are used, the procuring entity will convert those currencies to Kenya

shillings using the selling exchange rate on the date of tender closing provided by the central

bank of Kenya.


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2.22 Evaluation and Comparison of Tenders.

2.22.1. The procuring entity will evaluate and compare the tenders which have been determined to

be substantially responsive, pursuant to paragraph 2.20

2.22.2. The comparison shall be of the price including all costs as well as duties and taxes payable

on all the materials to be used in the provision of the services.

2.22.3. The Procuring entity’s evaluation of a tender will take into account, in addition to the tender

price, the following factors, in the manner and to the extent indicated in paragraph 2.22.4

and in the technical specifications:

(a) Operational plan proposed in the tender;

(b) deviations in payment schedule from that specified in the Special Conditions of

Contract;

2.22.4. Pursuant to paragraph 22.3 the following evaluation methods

will be applied:

(a) Operational Plan. The Procuring entity requires that the services under the Invitation for Tenders shall be

performed at the time specified in the Schedule of Requirements. Tenders offering to

perform longer than the procuring entity’s required delivery time will be treated as non-

responsive and rejected.

(b) Deviation in payment schedule.

Tenderers shall state their tender price for the payment on a schedule outlined in the special

conditions of contract. Tenders will be evaluated on the basis of this base price. Tenderers

are, however, permitted to state an alternative payment schedule and indicate the reduction

in tender price they wish to offer for such alternative payment schedule. The Procuring

entity may consider the alternative payment schedule offered by the selected tenderer.


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2.22.5. The tender evaluation committee shall evaluate the tender within 30 days from the date of

opening the tender.

2.22.6. To qualify for contract awards, the tenderer shall have the following:-

(a) Necessary qualifications, capability experience, services, equipment and facilities to

provide what is being procured.

(b) Legal capacity to enter into a contract for procurement

(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up

and is not the subject of legal proceedings relating to the foregoing

(d) Shall not be debarred from participating in public procurement.

2.23 Contacting the Procuring Entity

2.23.1. Subject to paragraph 2.19, no tenderer shall contact the procuring entity on any matter

relating to its tender, from the time of the tender opening to the time the contract is awarded.

2.23.2. Any effort by a tenderer to influence the procuring entity in its decisions on tender

evaluation tender comparison or contract award may result in the rejection of the tenderers

tender.

2.24 Award of Contract

a) Post qualification

2.24.1. In the absence of pre-qualification, the Procuring entity will determine to its satisfaction

whether the tenderer that is selected as having submitted the lowest evaluated responsive

tender is qualified to perform the contract satisfactorily.

2.24.2. The determination will take into account the tenderer’s financial and technical capabilities.

It will be based upon an examination of the documentary evidence of the tenderers

qualifications submitted by the tenderer, pursuant to paragraph 2.1.2, as well as such other

information as the Procuring entity deems necessary and appropriate.


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2.24.3. An affirmative determination will be a prerequisite for award of the contract to the tenderer.

A negative determination will result in rejection of the Tenderer’s tender, in which event the

Procuring entity will proceed to the next lowest evaluated tender to make a similar

determination of that Tenderer’s capabilities to perform satisfactorily.

b) Award Criteria

2.24.4. Subject to paragraph 2.29 the Procuring entity will award the contract to the successful

tenderer whose tender has been determined to be substantially responsive and has been

determined to be the lowest evaluated tender, provided further that the tenderer is

determined to be qualified to perform the contract satisfactorily.

2.24.5. The procuring entity reserves the right to accept or reject any tender and to annul the

tendering process and reject all tenders at any time prior to contract award, without thereby

incurring any liability to the affected tenderer or tenderers or any obligation to inform the

affected tenderer or tenderers of the grounds for the procuring entity’s action. If the

procuring entity determines that none of the tenderers is responsive; the procuring entity

shall notify each tenderer who submitted a tender.

2.24.6. A tenderer who gives false information in the tender document about its qualification or

who refuses to enter into a contract after notification of contract award shall be considered

for debarment from participating in future public procurement.

2.25 Notification of Award

2.25.1. Prior to the expiration of the period of tender validity, the Procuring

entity will notify the successful tenderer in writing that its tender has

been accepted.

2.25.2. The notification of award will signify the formation of the Contract subject to the signing of

the contract between the tenderer and the procuring entity pursuant to clause 2.29.


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Simultaneously the other tenderers shall be notified that their tenders have not been

successful.

2.25.3. Upon the successful Tenderer’s furnishing of the performance security

pursuant to paragraph 31, the Procuring entity will promptly notify each

unsuccessful Tenderer and will discharge its tender security, pursuant to

paragraph 2.12

2.26 Signing of Contract

2.26.1. At the same time as the Procuring entity notifies the successful tenderer

that its tender has been accepted, the Procuring entity will simultaneously inform the other

tenderers that their tenders have not been successful.

2.26.2. Within fourteen (14) days of receipt of the Contract Form, the successful

tenderer shall sign and date the contract and return it to the Procuring entity.

2.26.3. The parties to the contract shall have it signed within 30 days from the date of notification

of contract award unless there is an administrative review request.

2.27 Performance Security

2.27.1. Within thirty (30) days of the receipt of notification of award from the Procuring entity, the

successful tenderer shall furnish the performance security in accordance with the Conditions

of Contract, in the Performance Security Form provided in the tender documents, or in

another form acceptable to the Procuring entity.

2.27.2. Failure of the successful tenderer to comply with the requirement of paragraph 2.29 or

paragraph 2.30.1 shall constitute sufficient grounds for the annulment of the award and

forfeiture of the tender security, in which event the Procuring entity may make the award to

the next lowest evaluated or call for new tenders.

2.28 Corrupt or Fraudulent Practices


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2.28.1. The Procuring entity requires that tenderers observe the highest

standard of ethics during the procurement process and execution of

contracts. A tenderer shall sign a declaration that he has not and will not be involved in

corrupt or fraudulent practices.

2.28.2. The procuring entity will reject a proposal for award if it determines that the tenderer

recommended for award has engaged in corrupt or fraudulent

practices in competing for the contract in question;

2.28.3. Further, a tenderer who is found to have indulged in corrupt or fraudulent practices risks

being debarred from participating in public procurement in Kenya.


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APPENDIX TO INSTRUCTIONS TO THE TENDERERS

The following information for procurement of services shall complement or amend the provisions

of the instructions to tenderers. Wherever there is a conflict between the provisions of the

instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein

shall prevail over those of the instructions to tenderers.

Instructions to tenderers

Particulars of appendix to instructions to tenderers

2.1.1 The tender is open to eligible bidders

2.1.2

CA employees, committee members, Board Members and their relative (spouse

and children) are not eligible

2.1.3 Joint ventures venture agreements must be notarized by an Advocate of the High

Court of Kenya or Commissioner of Oaths

2.2.2 The price to be charged for the tender document shall be Kshs.1,000/=

2.3.1 Additional applicable forms:

xiv) Letter of Notification of Award

xv) Anti-corruption Declaration Form

xvi) Bulky Tenders Receipt form

xvii) Review Notification Form

Not Applicable forms:

xviii) Declaration form

xix) Manufacturer’s Authorization letter

2.5.2 All prospective tenderers who have obtained the tender documents will be notified

of any amendment by email and such amendment will be binding on them.

2.9.5 a) No contract variation within one year from the contract signature date.

b) Price variation will be based on the prevailing consumer price index as

provided by Kenya National Bureau of Statistics and inflation rate as provided


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by the Central Bank of Kenya.

c) Quantity variation shall not exceed 15% of the original contract quantity.

d) Cumulative value of all contract variation should not exceed 25% of the

original contract sum.

e) Any contract price and quantity variation should be executed within the

contract period.

2.12.2

2.12.3

The tender MUST be accompanied by an original tender security of

Kshs.10,000,000 in form of a guarantee from a bank licensed by the Central Bank

of Kenya (CBK) or Insurance Company approved by the Insurance Regulatory

Authority (IRA).

The tender security should be valid for a period of 180 days from the date of the

tender opening.

2.12.7 (c) Not applicable

2.13.1 Tender shall be valid for a period of 150 days from the date of tender opening

2.15.2 Tenders must be received by the Authority at the address shown below;

Director General

Communications Authority of Kenya

P.O. Box 14448

Westlands 00800

NAIROBI

2.16.1 Tenders must be received by the Authority not later than Wednesday, 22nd July

2020 at 10.30am. (Tenderers to drop their tenders in the tender box located at the

CA building ground floor.)

2.16.3 Bulky tenders shall be registered at the Authority’s Procurement Division on 2nd

Floor – Wing ‘A’ and an acknowledgement slip issued.


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2.17.6 The CA shall notify all persons who submitted tenders, of the termination within

14 days of the termination, providing reasons for termination.

2.18.1 The CA shall open all tenders in the presence of

tenderers’ representatives who choose to attend, at 10.30am on Wednesday 22nd

July 2020 at Meeting Room 2, Ground Floor – CA Centre. The tenderers’

representatives present shall be required to sign an attendance register.

2.20.1 The tenders submitted by the closing date shall be subjected to three (3) stages of

the evaluation process, namely:

i. Mandatory Evaluation Stage- Pass/ Fail Basis

ii. Technical Compliance Evaluation- Pass/Fail Basis

iii. Financial Evaluation- lowest evaluated bidder in every lot

MANDATORY REQUIREMENTS

No Description of requirement Pass/Fail

1 Attach copy of Certificate of registration/Incorporation

2 Attach a copy of Valid Tax Compliance Certificate as at date of Tender opening

3. Bid Security of Kshs.10,00,000.00 in form of a guarantee from a bank licensed by the Central Bank of Kenya (CBK) or Insurance Company approved by the Insurance Regulatory Authority (IRA) valid for 180 days from the date of tender opening.

4 Duly filled, signed and stamped Form of Tender

5 Provide a current CR12 or an equivalent

6 Must attach a copy of valid NFP License issued by CA

7 Joint Venture agreement signed by all parties in the case of a Joint Venture, clearly indicating the Lead firm. Joint Venture Agreement must be notarized by an Advocate of the High Court of Kenya or Commissioner of Oaths.

8 Evidence of works of similar nature done – Provide evidence of contracts of similar work done


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6 Provide Audited accounts for the last three years (2016, 2017 and 2018) duly certified, stamped and signed by Certified Auditors. Audited Accounts for the Financial Year 2019 will also be considered. The Audited accounts must provide the certified accountants practicing number

7 The bid document (original and copy) must be paginated. The bids shall be firmly bound and shall not have loose pages. Spiral binding and files (spring and box) Shall NOT BE ACCEPTABLE.

8 Duly filled, signed and stamped confidential Business Questionnaire

9 Submit duly filled, signed and stamped Form of Tender

10 Submit declaration statement of not being debarred from participating in public procurement in Kenya

11 Duly filled and signed Anti corruption form.

NOTE:

• Failure to submit any of the documents listed above shall lead to disqualification.

• Tenderers who qualify at this stage will proceed to the Mandatory Technical

Evaluation stage

2.22.1 –

2.22.6

The Technical Evaluation shall be scored on a Compliance or Non-compliance

basis. The evaluation will be done strictly in accordance with all the technical

specifications as described in Section V. Tenderers are required to clearly describe

how each of the technical specification is met by the proposed system in the

format provided in Section V.

NOTE:

Non-compliance to the specifications in Section V – Technical Specifications shall lead to dis-qualification. Tenderers who qualify at this stage will proceed to the Financial Evaluation stage Minimum Specifications for Provision of Telecommunications Cellular Mobile Network Infrastructure & Service (Passive & Active)


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No. Item

Minimum Technical Specifications If complied, Bidders MUST provide explanation of compliance with reference to datasheet or bill of materials with the specific page number and section of the reference

1 Details of Proposed Network Infrastructure

Details of the proposed network infrastructure including base transmitter stations, base station controllers, transmission systems, diagram(s) showing interconnection to the other network’s backbone and switching systems, capacity to provide a minimum of voice and data services (the Mandatory Services) and future expansion with eventual outcome that meets the set national reliability and quality of service standards.

2 Coverage and transmission

Information describing the radio spectrum to be deployed indicating the bandwidth and other incidental spectrum planning considerations.

3 Simulation maps for proposed solution per Lot

Provide a model/simulation to confirm that the choice of BTS sites and configuration covers at least 80% of the population, at least 60% of the landmass including sub-location headquarters (if previously uncovered) and Market centers as well as other settlements with a population of more than 500 persons; within the set quality of service standards.

4 A simulation map showing Quality of Service signal thresholds

A simulation of the coverage indicating the signal strengths for each Lot it responds to. The minimum signal strength as required under the quality of service standards should be -95 dBm or more as required in the Technical Specification

5 Letter of undertaking that the proposed sites will meet the environmental and civil aviation requirements and standards

Provide a commitment that the sites meet the environmental and civil aviation requirements both in terms of design and location.


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6 Detailed description of infrastructure

The network used to provide the mobile Communications Service must meet the following minimum criteria: • Network components based on

approved and recognized international standards and accepted for use in Kenya,

• The network configuration and supporting facilities that meet the set Network Redundancy, Reliability and Diversity guidelines to ensure maintenance of the highest service quality at all times. Appropriate considerations in this regard include uninterrupted power source design (configuration of Main supply and provision for backup power supply i.e. backup generator or solar/wind with lithium backup batteries with capacity for 8hr autonomy). Also, appropriate provision of adequate cooling (either by using air conditioning or by passive air flow design);

• The network element must demonstrate provision of appropriate physical security such as Perimeter wall accessorized with razor wire and or electric fencing.

The infrastructure supplied shall meet the following minimum specifications • Demonstrate that the proposed

Towers provide for extra capacity for sharing with other providers i.e. Adequate ground and antenna space to host at least 4 network operators

• Adequate power supply to ensure 24x7 operation for all the operators on site.

• Provision of mobile phone charging facilities for at least 10 phones simultaneously on site or within the vicinity as appropriate

• Installation of Aviation light and a canopy shelter for all active and passive ground components.

• Tower Insurance and adequate grounding/Earthing of the tower lattice and power sources

• Tower of approved height with adequate mechanical strength to withstand possible high wind loading. Tower must achieve antenna height sufficient for maximum population coverage and a minimum of 60% geographic coverage with a clear line of sight with neighbouring MNO sites

7 Evolution of Technology

Provide a description of your strategy for accommodating future customer and traffic growth, technology evolution and new technical standards (e.g., evolution to 4G, 5G).

8 Business Plan Provide a Business Plan (including a Financial Model) for years 1 through 5 (depending on the Service Provider’s model) for providing the proposed services on a per-lot, average or total basis. This must show expected revenues, capital and operating costs, to


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demonstrate the approximate size of subsidy required for each lot to be viable with the subsidy

9 Customer Support Provision of mobile phone charging facilities for at least 10 phones simultaneously on site or within the vicinity as appropriate

10 Schedule of Delivery Commitment to complete the construction of network facilities and commissioning of the services in all Mandatory Areas (i.e., the Lots awarded) within twenty four (24) months of contract signature

11 Work plan Work flow chart showing the program of activities from contract signature to system commissioning, including; • Post-award site survey, planning &

design • Site acquisition • Equipment ordering • Civil works start and completion • Power systems installation • RF Installation and commissioning • Site Integration & testing • Site ready for acceptance

The schedule should indicate how the bidder would organize the activities within the regional make-up of the Lot proposals made, to meet the required schedule and staged Schedule of Subsidy Payment Schedule.

Technical Compliance Table for Bidders for Passive Infrastructure

No. Item

Minimum Technical Specifications If complied, Bidders MUST provide explanation of compliance with reference to datasheet or bill of materials with the specific page number and section of the reference

1 Transmission Commitment that tower design has taken into consideration line of sight for connectivity with neighboring MNO sites. And that the tower provides allowance for infrastructure sharing of passive network infrastructure as required) to provide the Mandatory Services, and in accordance with the Laws and Regulations in Kenya.

2 Geographical and Population Coverage map

Provide a simulation to support the case that the choice of BTS site/s ensures coverage of at least 80% of the population and 60% of landmass within the set quality of service standards. In areas with extreme terrain challenges a minimum of 60% geographical coverage with a special emphasis on population coverage.


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3 A simulation map showing Quality of Service signal thresholds

A simulation of the coverage indicating the signal strengths for each Lot it responds to. The minimum signal strength as required under the quality of service standards should be -95 dBm or more as required in the Technical Specification in Section 6

4 Detailed description of infrastructure

The passive infrastructure shall meet the following set standards. a) Tower configuration and material based

on approved and recognized international standards and accepted for use in Kenya,

b) Adequate power supply to support 4 operators and other supporting facilities that meet the set Network Redundancy, Reliability and Diversity guidelines to ensure maintenance of the highest service quality at all times. Appropriate considerations in this regard include uninterrupted power source design (configuration of main supply, backup power supply i.e. backup generator or solar/wind with lithium backup batteries with capacity for 8hr autonomy). Also, appropriate provision of adequate cooling (either by using air conditioning or by passive air flow design);

c) The tenderer must commit that the sites meet the environmental and civil aviation requirements both in terms of design and location

d) Adequate ground and antenna space to host at least 4 network operators

e) Provision of mobile phone charging facilities for at least 10 phones simultaneously on site or within the vicinity as appropriate

f) Installation of Aviation light and a canopy shelter for all active and passive ground components.

g) Perimeter wall accessorized with razor wire and or electric fencing.

h) Tower Insurance and adequate grounding/Earthing of the tower lattice and power sources

Tower of approved height with adequate mechanical strength to withstand possible high wind loading. Tower must achieve antenna height sufficient for maximum population coverage and a minimum of 60% geographic coverage with a clear line of sight with neighbouring MNO sites.

5 Business Plan A business plan that includes a financial model for provision of Passive infrastructure services on per lot basis for Years 1 through 5. The plan must show expected revenues, capital and operating costs. This must demonstrate the approximate size of subsidy required for each lot to qualify for subsidy.


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6 Schedule of Delivery

Commitment to complete the Site construction and commissioning of power supply within 24 months of contract signature

7 Work Plan The Provide a work flow chart showing the program of activities from contract signature to system commissioning, including

a) Post-award site survey, planning & design

b) Site acquisition c) Equipment ordering d) Civil works start and completion e) Power systems installation f) Site ready for acceptance

The schedule should indicate how the company would organize the activities within the regional make-up of the Lot proposals made, to meet the required schedule and staged Schedule of Subsidy Payment Schedule.

Financial evaluation All the firms that are successful in the technical capacity evaluation stage will be subjected to a financial evaluation. The lowest evaluated bid for every lot quoted will be proposed for award of the tender. Where there is a tie the Authority will invite the respective bidders for a negotiation in line with Section 131 of the Act.

The financial bids should be submitted in the following format;

LOT COUNTY LOT NO. COUNTY SUB-

LOCATION

ORDER OF

PRIORITY

PROPOSED SUBSIDY

IN FIGURES

(KSHS)

PROPOSED SUBSIDY IN

WORDS (KSHS)

1 BAR-3 BARINGO MUKUTANI

BARINGO ARABAL

2 BAR-6 BARINGO NGORON

BARINGO KULAL

3 BAR-5

BARINGO AKORET

BARINGO KAPEDO NORTH

BARINGO MORON

4 BAR-4 BARINGO KAPTUYA 5 BAR-2 BARINGO RADAD 6 BAR-1 BARINGO MUGURIN

7 GAR-4 GARISSA BOUR-ALGI

GARISSA KARAKORA


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8 GAR-5 GARISSA SANKURI

GARISSA BALICH

9 GAR-6 GARISSA URGAAD

GARISSA KONE

10 GAR-1 GARISSA KORISA

GARISSA QURAMADHA

11 IS-1 ISIOLO LENGURUMA 12 IS-2 ISIOLO KORBESA

13 KAJ-1 KAJIADO SINGIRAINE

KAJIADO KILONITO

14 KAJ-2

KAJIADO ENKARONI

KAJIADO ISIAIT

KAJIADO LOODOKILANI

15 KAJ-3 KAJIADO PELEWA 16 KAJ-4 KAJIADO EMARTI

17 KAJ-5 KAJIADO EMOTOROKI

KAJIADO OLMOLELIAN

18 KAJ-6 KAJIADO RUANCHE

KAJIADO KUMPA

19 KAJ-8 KAJIADO OLDEPE

20 KAJ-9 KAJIADO NAJILE

KIAMBU NACHU

21 KIL-1 KILIFI KARIMANI

KILIFI GOSHI 22 KIL-3 KILIFI DAKACHA 23 KIT-2 KITUI KAVUTEI

24 KIT-1

KITUI NDILILI

KITUI MIVUNE

KITUI KITUVWI

KITUI MWANIANGA

KITUI KYANYAA

KITUI ILAMBA

25 KIT-4

KITUI NYANYAA

KITUI KATITIKA

KITUI THONOA

26 LAIK-1 LAIKIPIA SIEKU

27 LAIK-2 LAIKIPIA LUONIEK

LAIKIPIA KARIWO

28 MAN-3 MANDERA QALANQALESA

MANDERA SHIMBIR

FATUMA


30

29 MAN-6 MANDERA ODA

MANDERA BAMBO

30 NAR-1 NAROK MOSIRO

NAROK ENKOIREROI

31 NAR-2 NAROK ENAIBOR AJIJIK 32 NAR-5 NAROK ENTUROTO 33 NAR-8 NAROK TENDWET

34 SAM-1

SAMBURU LOIBASHAE

SAMBURU SEKETET

SAMBURU MUGUR

35 SAM-2

SAMBURU NONKEEK

SAMBURU LTIRIMIN

SAMBURU LPUS

36 TTV-1 TAITA-TAVETA NYOLO

37 TTV-2 TAITA-TAVETA KISHUSHE

38 TANR-1 TANA RIVER ODOWAN

39 THN-2 THARAKA-NITHI TWANTHANJU

40 THN-1 THARAKA-NITHI KAMANYAKI

41 TKN-8 TURKANA LORENGELUP

42 TKN-11 TURKANA PUCH

43 TKN-10

TURKANA LODWAT

WEST POKOT LOTUKUM

WEST POKOT KOLA

44 TKN-18 TURKANA KACHODA

TURKANA NAPEIKAR

45 TKN-13 TURKANA LOKIPOTO

46 TKN-15 TURKANA OROPOI

47 TKN-16 TURKANA LOREMIET


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48 TKN-2

TURKANA KANGITIT

TURKANA LOTUBAE

TURKANA NGILUKIA

49 TKN-4

TURKANA KATILIA

TURKANA PARKATI

TURKANA KALAPATA

TURKANA LOPEROT

50 TKN-3 TURKANA LOKWAMOSING

51 WAJ-7 WAJIR ADADIJOLE

52 WAJ-8 WAJIR SAKE GAMATHA

53 WAJ-3 WAJIR TARBAT

54 WAJ-1 WAJIR LOLKUTA SOUTH

55 WPOK-5

WEST POKOT EMBOASIS

WEST POKOT CHESRA

56 WPOK-3 WEST POKOT KAMAYECH

57 WPOK-8 WEST POKOT TAMUGH

58 WPOK-6 WEST POKOT SHALPOGH

60 WPOK-10

WEST POKOT KAPTOLOMWO

WEST

POKOT OMPOLION

WEST POKOT CHEPROPOGH

61 WPOK-9

WEST POKOT KACHAWA

WEST

POKOT KORPU

WEST POKOT KSHOT

62 WPOK-7

WEST POKOT SOKA

WEST

POKOT WAKORR

WEST POKOT YAW YAW

63 WPOK-8

WEST POKOT AKIRIAMET

WEST POKOT AMALER


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64 WPOK-1

WEST POKOT PUSOL

WEST

POKOT MESHAU

WEST POKOT SINNA

65 WPOK-2

WEST POKOT KOKWOSITOT

WEST POKOT KOKWOPTORIR

WEST POKOT MARUS

WEST POKOT PKOPOGH

ELGEYO-MARAKWET KIPCHUMWA

66 ISI-1 ISIOLO LONKOPITO

67 ISI-2 ISIOLO KIPSING

68 MARS -1 MARSABIT ELLE BORR

69 MARS -2 MARSABIT BANALE

70 MARS -3 MARSABIT BODODHA

71 MARS -4 MARSABIT AMBALLO

TOTAL Note: Any other costs not indicated as above should be included in the quote.

i. Bids with arithmetic errors shall be disqualified at the financial evaluation stage.

ii. The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment in any way as per guidance from (PPADA, Section 82) and should include transport cost and any other incidental costs.

iii. The Authority may prior to award of tender carry out due diligence to determine to its satisfaction whether the successful bidder qualifies to perform the terms of contract under this tender.

iv. Prices quoted must be in Kenya shillings and inclusive of applicable taxes

2.24 (b)

Award Criteria The lowest evaluated bidder per Lot will be awarded.

SECTION III - GENERAL CONDITIONS OF CONTRACT

3.1 Definitions


33

In this contract the following terms shall be interpreted as indicated:

a) “The contract” means the agreement entered into between the Procuring entity and the tenderer 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 the tenderer under the Contract for the full and

proper performance of its contractual obligations.

c) “The services” means services to be provided by the contractor including materials and incidentals,

which the tenderer is required to provide to the Procuring entity under the Contract.

d) “The Procuring entity” means the organization sourcing for the services under this Contract.

e) “The contractor means the individual or firm providing the services under this Contract.

f) “GCC” means general conditions of contract contained in this section

g) “SCC” means the special conditions of contract

h) “Day” means calendar day

3.2 Application

These General Conditions shall apply to the extent that they are not superseded by provisions of

other part of contract.

3.3 Standards

3.3.1 The services provided under this Contract shall conform to the 7 standards mentioned in the

Schedule of requirements

3.5 Patent Right’s

The tenderer shall indemnify the Procuring entity against all third-party claims of infringement of

patent, trademark, or industrial design tights arising from use of the services under the contract or

any part thereof.

3.6 Performance Security

Within twenty eight (28) days of receipt of the notification of Contract award, the successful


34

tenderer shall furnish to the Procuring entity the performance security where applicable in the

amount specified in Special Conditions of Contract.

3.6.2 The proceeds of the performance security shall be payable to the Procuring entity as compensation

for any loss resulting from the Tenderer’s failure to complete its obligations under the Contract.

3.6.3 The performance security shall be denominated in the currency of the Contract, or in a freely

convertible currency acceptable to the Procuring entity and shall be in the form of:

a) Cash.

b) A bank guarantee.

c) Such insurance guarantee approved by the Authority.

d) Letter of credit.

3.6.4 The performance security will be discharged by the procuring entity and returned to the candidate

not later than thirty (30) days following the date of completion of the tenderer’s performance of

obligations under the contract, including any warranty obligations under the contract.

3.7 Inspections and Tests

3.7.1 The Procuring entity or its representative shall have the right to inspect and/or to test the services to

confirm their conformity to the Contract specifications. The Procuring entity shall notify the

tenderer in writing, in a timely manner, of the identity of any representatives retained for these

purposes.

3.7.2 The inspections and tests may be conducted on the premises of the tenderer or its subcontractor(s).

If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and

assistance, including access to drawings and production data, shall be furnished to the inspectors at

no charge to the Procuring entity.

3.7.3 Should any inspected or tested services fail to conform to the Specifications, the Procuring entity

may reject the services, and the tenderer shall either replace the rejected services or make

alterations necessary to meet specification requirements free of cost to the Procuring entity.


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3.7.4 Nothing in paragraph 3.7 shall in any way release the tenderer from any warranty or other

obligations under this Contract.

3.8 Payment

3.8.1 The method and conditions of payment to be made to the tenderer under this Contract shall be

specified in SCC

3.9 Prices

Prices charged by the contractor for services performed under the Contract shall not, with the

exception of any Price adjustments authorized in SCC, vary from the prices by the tenderer in its

tender or in the procuring entity’s request for tender validity extension as the case may be. No

variation in or modification to the terms of the contract shall be made except by written amendment

signed by the parties.

3.10 Assignment

The tenderer shall not assign, in whole or in part, its obligations to perform under this contract,

except with the procuring entity’s prior written consent.

3.10 Termination for Default

The Procuring entity may, without prejudice to any other remedy for breach of Contract, by written

notice of default sent to the tenderer, terminate this Contract in whole or in part:

a) if the tenderer fails to provide any or all of the services within the period(s) specified in the

Contract, or within any

extension thereof granted by the Procuring entity.

b) if the tenderer fails to perform any other obligation(s) under the Contract.

c) if the tenderer, in the judgment of the Procuring entity has engaged in corrupt or fraudulent

practices in competing for

or in executing the Contract.


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In the event the Procuring entity terminates the Contract in whole or in part, it may procure, upon

such terms and in such manner, as it deems appropriate, services similar to those undelivered, and

the tenderer shall be liable to the Procuring entity for any excess costs for such similar services.

3.12 Termination of insolvency

The procuring entity may at the any time terminate the contract by giving written notice to the

contractor if the contractor becomes bankrupt or otherwise insolvent. In this event, termination will

be without compensation to the contractor, provided that such termination will not produce or affect

any right of action or remedy, which has accrued or will accrue thereafter to the procuring entity.

3.13 Termination for convenience

3.13.1 The procuring entity by written notice sent to the contractor may terminate the contract in whole or

in part, at any time for its convenience. The notice of termination shall specify that the termination

is for the procuring entity convenience, the extent to which performance of the contractor of the

contract is terminated and the date on which such termination becomes effective.

3.13.2 For the remaining part of the contract after termination the procuring entity may elect to cancel the

services and pay to the contractor on agreed amount for partially completed services.

3.14 Resolution of disputes

The procuring entity’s and the contractor shall make every effort to resolve amicably by direct

informal negotiations any disagreement or dispute arising between them under or in connection

with the contract.

If after thirty (30) days from the commencement of such informal negotiations both parties have

been unable to resolve amicably a contract dispute either party may require that the dispute be

referred for resolution to the formal mechanisms specified in the SCC.

3.15 Governing Language


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The contract shall be written in the English language. All correspondence and other documents

pertaining to the contract, which are exchanged by the parties, shall be written in the same

language.

3.16 Force Majeure

The contractor shall not be liable for forfeiture of its performance security, or termination for

default if and to the extent that its delay in performance or other failure to perform its obligations

under the Contract is the result of an event of Force Majeure.

3.17 Applicable Law.

The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in

the SCC

3.18 Notices

Any notices given by one party to the other pursuant to this contract shall be sent to the other party

by post or by fax or E-mail and confirmed in writing to the other party’s address specified in the

SCC

A notice shall be effective when delivered or on the notices effective date, whichever is later.


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SECTION IV - SPECIAL CONDITIONS OF CONTRACT

4.1 Special conditions of contract shall supplement the general conditions of contract, wherever there is a conflict between the GCC and the SCC, the provisions of the SCC herein shall prevail over those in the GCC.

4.2 Special conditions of contract with reference to the general conditions of contract.

General conditions of contract reference

Special conditions of contract

3.1 (d) “The Procuring entity” means Communications Authority of Kenya 3.6 The Performance bond shall be structured as follows:

(a) For the services rendered pursuant to services under provision of telecommunications cellular mobile network infrastructure and service for the unserved /underserved areas, the successful tenderer shall provide a performance bond/security amounting to 5% of the cost for provision of infrastructure. The performance bond to remain valid for thirty (30) days beyond the supply, delivery, installation and commissioning of the services. However, if the period of installation is extended, the successful tenderer shall provide an extension of the performance bond. (b) In respect to provision of post implementation maintenance & support for the supply of services (Annual cost applicable for 5 years), the firm shall provide a performance bond /security amounting to 5% of the total costs of preventive maintenance for the services for a period of five (5) years. The performance bond shall remain valid for thirty (30) days beyond the maintenance period. However, if the period of maintenance is extended, the firm shall provide an extension of the performance bond. Further, the bond should be submitted to the Authority 30 days before end of installation period under (a) above and 30 days before release of the installation performance bond.

3.8.1 Payment shall be within 30 days from the date of inspection and acceptance and upon receipt of Invoice. Payment shall be in Kenya shillings and upon inspection and acceptance of the services Payment schedule will be based on milestone of the project as provided in the subsidy of payment schedule Section VII.

3.9 No price variation within 12 months of contract execution 3.14 Resolution of disputes shall be through

Arbitrations per the Arbitration Act 3.17 The Contract shall be interpreted in accordance with the laws of Kenya

Section VI Delivery Schedule Section VII Payment Schedule

Section IX (9) Anti Corruption declaration form


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SECTION V – TENDER SPECIFICATIONS

a. General

TENDER SPECIFICATIONS FOR TELECOMMUNICATIONS CELLULAR MOBILE

NETWORK INFRASTRUCTURE & SERVICE PROVISION IN UN-

SERVED/UNDERSERVED AREAS - PHASE 2

(a) Preamble

1. The Vision for the ICT sector in Kenya, as set out in the National ICT Policy (November

2019) is for Kenya to be a globally competitive knowledge based economy through

facilitation of universal access to ICT infrastructure and services all over the country.

2. Section 23 of the Kenya Information and Communications Act, 1998 (KICA), as amended,

mandates CA to ensure provision of ICT services countrywide. Through regulatory

interventions such as competition and rollout obligations among licensee. Presently about

95% population coverage in Kenya has been achieved. The remaining 5% of the population

live in areas and circumstances where the cost of provision of ICT networks and services is

considered too high for commercial sustainability.

3. Consequently Section 84J of KICA provided for the establishment of the Universal Service

Fund (USF) to bridge the access gap especially in high cost/marginalized areas. The

objectives of the USF as set out in KICA are to support widespread ICT access, support

capacity building and promote innovation in the ICT Sector.

4. CA is incentivizing deployment of telecommunications cellular mobile infrastructure and

service in un-served and underserved parts of the country using the USF in line with the

overarching policy objective of ensuring provision of communication services to all in Kenya

with a view to extending to all citizens the enormous benefits that come with digital

connectivity. Phase 1 of the USF supported network infrastructure development project

started in 2017.

5. CA is embarking on Phase 2 of the project that involves construction of communication

Towers that host Base Transceiver Station (BTS) equipment and facilitate access to

telecommunication networks operated by Mobile Network Operators (MNOs). The Project


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totality entails the establishment of backhaul transmission links to operators’ Base Station

Controllers (BSCs) in the core networks.

6. The infrastructure will be established, owned and operated by suitably selected licensed

network operators that present the best technical proposal and the lowest subsidy bid as set

out in this tender document.

II. Tender Eligibility

7. Bidding for the active components of the network shall be restricted to duly licensed Network

Facilities Providers Tier 1 (NFP T1) while the Passive Component shall be open to All

Licensed NFPs (NFP T1, T2, & T3).

III. Mandatory Requirement

8. Bidders must submit alongside their bids the documents indicated in Table 1 below for

purposes of ascertaining the bidder’s status, compliance, capacity and eligibility. Failure to

submit any of the said documents or submission of invalid documents will automatically lead

to disqualification of the bid at the preliminary stage.

IV. Tender Specifications

a. General

9. Phase 2 of the USF funded Telecommunications Cellular Mobile Network Infrastructure and

Services Project in Un-served/Under Served Areas of the Country shall require successful

bidders to construct facilities and facilitate extension of network coverage to the specified sub

locations, grouped in Lots for bidding purposes as indicated in Table 2 below, for provision

of mobile broadband, voice, SMS and other communication services running on a third

Generation (3G) network or higher. Bidding will be done for the Lots indicated.

10. Subject to the responsiveness of the tender, the Authority may limit the number of Lots

awarded to a single bidder beyond 50% of the total Lots on offer should it be considered


41

appropriate in the interest of efficiency, wider industry participation and from a risk

management perspective.

11. Considering that the analysis undertaken towards the identification of the listed un-

served/under Served Areas of the country did not have the benefit of a validation process by

way of field inspections to update the current status owing to the restrictions related to the

COVID 19 Pandemic, and considering the need to attain a national universal public

telecoms network coverage within the shortest time possible and further considering that

bidders shall have up to 54 days before submission of their bids during which they shall

undertake field inspections, bidders shall have the leeway to submit supplementary bids for

additional sub-locations/areas that they consider to be suitable and qualify for USF subsidy.

Such information should be submitted two weeks prior to the pre-bidders conference to take

place on Friday 19th June 2020 from 9.00 via zoom link to be provided a day to the meeting.

Upon consideration and verification by the Authority, such areas may be included in the

scope of the tender vides an appropriate tender corrigenda.

Table 1: Bidding Lots, Population and offered maximum Subsidies

COUNTY SUB LOCATION LOT SUBSIDY

LOT

POPULATI

ON

LOTS

1 BARINGO KULAL

22,259,800 5,904 1 2 BARINGO AKORET

3 BARINGO KAPEDO NORTH

4 ELGEYO-MARAKWET KIPCHUMWA

5 BARINGO KAPTUYA

25,227,607 4,559 2 6 BARINGO MUGURIN

7 BARINGO NGINYANG EAST

8 GARISSA ELDERE 17,288,100 1,000 3

9 GARISSA URGAAD

10 GARISSA BURA

102,571,500 10,914 4 11 GARISSA NANIGHI

12 GARISSA GALMAGALA

13 GARISSA HADI

82,441,500 13,748 5 14 GARISSA BOUR-ALGI

15 GARISSA KARAKORA

16 GARISSA KORISA 15,669,800 7,363 6

17 GARISSA QURAMADHA

18 ISIOLO YAMICHA 52,378,300 1,321 7

19 ISIOLO BISAN BILIQU 20,777,500 1,429 8

20 ISIOLO LONKOPITO 58,527,400 5,044 9


42


LOT

POPULATI

ON

LOTS

21 SAMBURU LATAKWENY

22 SAMBURU LOIBASHAE

23 KAJIADO ENKORIKA

7,540,700 28,903 10 24 KAJIADO NAJILE

25 KAJIADO OLDEBES

26 KAJIADO LOODARIAK 18,179,800 4,252 11

27 KAJIADO KILONITO

28 KAJIADO PELEWA

16,990,700 3,977 12 29 KAJIADO RUANCHE

30 KAJIADO KUMPA

31 KILIFI GEDE 28,751,900 12,042 13

32 KITUI KAATENE

20,202,000 20,370 14

33 KITUI MUTHUNGUE

34 KITUI NDAKANI

35 KITUI KAVUTEI

36 KITUI THONOA

37 LAIKIPIA IMPALA

33,466,900 9,921 15 38 LAIKIPIA SIEKU

39 LAIKIPIA KARIWO

40 TURKANA LORENG

71,318,400 12,877 16 41 TURKANA LORITIT

42 TURKANA PUCH

43 TURKANA NANAM

41,450,100 9,082 17 44 TURKANA LOREMIET

45 TURKANA OROPOI

46 TURKANA LOITANIT

68,138,200 13,009 18 47 TURKANA TODONYANG

48 TURKANA KATABOI

49 TURKANA LORENGELUP

50 TURKANA KAEMANIK

24,537,300 6,219 19 51 TURKANA LODWAT

52 TURKANA NAMORUPUTH

53 TURKANA KANGITIT 37,424,700 4,355 20

54 TURKANA NGILUKIA

55 TURKANA KATILIA

46,479,900 9,584 21 56 TURKANA KALAPATA

57 TURKANA LOPEROT

58 LAMU MILIMANI 30,712,000 4,435 22

59 WEST POKOT KIWAWA

28,664,300 12,591 23 60 WEST POKOT KASES

61 WEST POKOT LOTUKUM

62 WEST POKOT KOLA

63 WEST POKOT KAPTOLOMWO

16,919,600 3,856 24 64 WEST POKOT OMPOLION

65 WEST POKOT KACHAWA


43


LOT

POPULATI

ON

LOTS

66 WEST POKOT AKIRIAMET

15,921,300 20,923 25 67 WEST POKOT AMALER

68 WEST POKOT MESHAU

69 WEST POKOT EMBOASIS

7,830,000 1,405 27 70 WEST POKOT KOKWOPTORIR/N

71 WEST POKOT MARUS

72 WEST POKOT PKOPOGH

73 SAMBURU NONKEEK

131,432,500 4,214 28 74 SAMBURU LTIRIMIN

75 SAMBURU LPUS

76 SAMBURU LESIRIKAN

77 NAROK ENKOIREROI/ NGOIREROI 17,629,900 2,835 29

78 NAROK ENTUROTO

79 MANDERA QALANQALESA/

FINCHAROLOCA 14,258,300 11,571 30

80 MANDERA ODA

81 MANDERA BAMBO

82 MARSABIT BANALE

91,380,132.00 1,597 31 83 MARSABIT AMBALLO

84 MARSABIT ELLE BORR

85 MARSABIT DHEMO

86 MARSABIT MOITEI

196,582,300 30 32 87 MARSABIT ELGADE

88 MARSABIT DARADE

89 MARSABIT QORQA

90 MARSABIT WAYE-GODHA

117,070,749 617 33

91 MARSABIT SABAREI

92 MARSABIT BELESA

93 MARSABIT BULUK

94 MARSABIT BODODHA

95 TANA RIVER KAMAGURU 39,155,300 1,601 34

96 TANA RIVER ODOWAN

97 TANA RIVER TITILA 66,109,300 4,589 35

98 TANA RIVER WALESORHEA

99 WAJIR ADADIJOLE

30,793,400 13,705 36 100 WAJIR TARBAT

101 WAJIR LOLKUTA SOUTH

TOTAL SUBSIDY (APPROXIMATE IN KES) 1,616,081,188.50

269,842

12. In Principle the title (ownership) of the USF subsidized/funded Towers shall be held by the

entity that wins the bid for the Passive Components. However transfer of such title and tariffs


44

for colocation shall be strictly regulated bearing in mind that part of the capital expenditure

used is a subsidy.

13. Bidders shall be expected to expound in detail the proposed network topology that include

number, location and size/type of base transmitter stations, base station controllers,

transmission systems, diagram(s) showing interconnection to the backbone and switching

systems of other networks bearing in mind future expansion requirements and needs for

network reliability and quality of service standards.

14. Bidders shall demonstrate the choice of BTS sites and configuration that shall ensure

maximum coverage of the population and landmass within the set quality of service

standards. The tenderer must therefore undertake site assessment in the designated gap sub-

locations to validate the level of coverage and submit coverage map or set of maps

illustrating the intended service reach for each sub-location / Lot for which it submits a

proposal;

15. The Bidder shall provide a simulation of the coverage indicating the signal strengths for each

Lot it responds to. The minimum signal strength as required under the quality of service

standards should be -95 dBm or more.

16. Bidders are expected to make submissions that demonstrate compliance with the following:

i. Network components based on approved and recognized international standards and

accepted for use in Kenya,

ii. The network configuration and supporting facilities that meet the set network

Redundancy, Reliability and Diversity guidelines to ensure maintenance of the

highest service quality at all times. Appropriate considerations in this regard include

uninterrupted power source design (configuration of Main supply, backup generator,

backup batteries and solar/wind). Also appropriate provision for adequate cooling

(either by using air conditioning or by passive air flow design);

iii. Demonstrate provision of appropriate physical security such as fencing and

guarding;


45

iv. Demonstrate provision for extra capacity for sharing with other providers and meet

the environmental and civil aviation requirements both in terms of design and

location.

17. Bidders shall provide for and demonstrate provision for future growth and other changes

including technological evolution and service demand changes.

18. Bidder shall provide for and demonstrate how it intends to make available facilities for

charging end user devices in at least one in each sub-location. The equipment shall support

charging of at least ten mobile phones simultaneously and will be available on 24x7 basis.

19. The bidder must work closely with the county security teams and administration in ensuring

the installation is in a secure / protected area.

20. Provide connectivity to at least one primary or secondary school/s in the site vicinity with a

min speed of 10 Mbps through 1 CPE from the 3G/4G network;

b. Service Quality (QoS) Requirements

21. The service quality shall meet the minimum QoS standards set in the Framework for the

Assessment of service Quality of Telecommunication Systems and Services in Kenya in

respect of Voice, SMS and data Services in all the areas for which proposals are submitted.

The applicable QoS framework is as provided for in Table 3 below.

Table 2: Quality of Service (QoS) Assessment framework

Service Sub KPI Parameter Target

Mobile Telephony (Voice)

Network Coverage information i.e. Coverage per (Pop. & Geographic)

Received Signal Level > -95dBm

Network Availability Received Signal Level > -95dBm Network Accessibility Unsuccessful Calls <5% Service Integrity Call Set-up Time

<12s (4G) <8s (Others)

Voice Quality > 3.4 (SWB) Service Retain-ability Handover Success Rate

> 96%


46

Service Sub KPI Parameter Target

Dropped Calls < 2%

SMS Network Accessibility Successful SMS Ratio >95%

Service Availability Completion Rate for SMS >95% Service Integrity End-to-End delivery time

for SMS >95% in less than 30s

Data transfer/ Internet access

Network Accessibility

Latency <100ms

Jitter < 50ms Service Availability Data transfer failure ratio

Throughput of successful data transfer

<10 for upload <10% for download >85% of contractual throughput

Service Integrity Ratio of Packet Loss 1/1000 Network Accessibility Internet Accessibility >98% Service Availability HTTP set-up failure ratio

HTTP set-up time

<2% >95% in less than 20s

HTTP Completion failure ratio HTTP Completion Time

<90% >95% in less than 20s

HTTP generic scenario availability >85%

Notes: The above parameters are subject to change from time to time on account of formal

review of the QoS framework.

22. A least sixty per cent (60%) of the geographic area and 80 % of the population of each sub-

location in the Lot shall have coverage that meets the QoS standards above.

c. Network Redundancy, Resilience and Diversity Requirements

23. The network to be established shall adhere to the Network Redundancy, Resilience and

Diversity (NRRD) guidelines as published by the Authority.


47

24. The network shall specifically adhere to section 4 of NRRD Guidelines for Mobile Network

Operators (MNO), which requires 99.999 % availability of Critical, Major and minor network

elements.

d. Infrastructure Sharing Requirements

25. The Towers shall be designed and built in a manner that shall accommodate colocation and

infrastructure sharing arrangements with multiple players (minimum 4) in the future. The

Tower should accommodate colocation of antennas, transmission systems, site space and

power requirements among others.

26. All USF subsidized/funded Towers shall be made available for colocation of Government

projects at no cost. This is based on the fact that public money was used to establish the

Towers.

27. The passive BTS site and infrastructure shall be made available to other network operators

for colocation and sharing upon completion and not later than 6 months upon completion and

on a non-discriminatory basis.

e. Bidding for Separate Components of the Network

28. The construction of the Passive and Active components of the BTSs may be bided and

constructed by different entities. However the active component shall be restricted to NFP T1

while the Passive Component shall be open to All Licensed NFPs (NFP T1, T2, & T3).

29. The subsidy division shall be based on a prescribed ratio that reflects the average cost of

constructing the two distinct components of a BTS. Ration to apply shall be 73% for Passive

and 27% for Active as shown in Table 4 below.

Table 3: Distribution of CAPEX in Construction of BTS:

Components Category of

Component

Share of

CAPEX

Antenna and feeder Active 6%


48

Components Category of

Component

Share of

CAPEX

Microwave backhaul Active 10%

BTS Active 11%

Sub-Total 27%

Tower or masts Passive 24%

Shelter Passive 10%

Electrical Passive 19%

Civil works and security Passive 20%

Sub-Total 73%

Total 100%

30. Bidding through Consortia of T1 and T2/T3 shall be encouraged. The Consortia will then

agree on division of responsibilities and sharing of the subsidy among themselves upon

award. Table 5 below is the outlook of the bid eligibility matrix.

Table 4: Bidder Eligibility Matrix

Components Eligible Bidders

Passive Infrastructure NFP-T1s, NFP-T2s, NFP-T3s

Active Infrastructure NFP-T1s only

Both Passive & Active Infrastructure NFP-T1 or Consortium of

NFP-T1 & NFP-T2/NFP-T3

31. In order to ensure universal presence of all MNOs in areas where USF funded Towers have

been established and hence promote consumer choice, it shall be mandatory for all T1s

(MNOs) to install their Active infrastructure on all USF supported towers, including those

constructed solely by NFP T2/T3, within a period of 6 months upon completion of the

passive components.

32. To this end the MNOs may be eligible for a share of the subsidy in respect of the active

component (i.e. 27%), which will be shared in specified ratios depending on the speed of

responsiveness of the MNO (i.e. speed of service commission on the tower) as indicated in


49

Table 6 below. This structure is intended to incentivize faster responsiveness before expiry of

the 6 months grace period.

Table 5: Subsidy Division for Colocation of Active Infrastructure on NFP-T2/T3

constructed Towers

Ranking in Installation Completion Entitled Subsidy (%)

1st Respondent 15%

2nd Respondent 7%

3rd Respondent 5%

Total for Active Component 27%

33. In the situation that two or more Tier 1 install the active components around the same time,

the ranking shall be based on when the active component goes live with data on the 1st call

that goes through the network successfully being the evidence. Machine timestamps will be

the basis of this decision. It is unlikely to have simultaneous go live situation, but if in the

unlikely event it happens such operators will share 50/50 the combined amount that would

otherwise have been applicable to both.

f. Requirements Specific to Bidders for Passive Components

34. In addition to the general requirements set out above, as applicable, the passive infrastructure

should meet the following additional requirements

i. The BTS site shall have adequate space (at least 15m by 15m) and antenna capacity to

host at least 4 network operators.

ii. The BTS site shall have adequate and uninterrupted power supply sufficient for at least

4 network operators. There must be provision for standby power source e.g. Power

generator of at least 16KVA or Solar canopy of at least 10KW with 48V x 2 DC lithium

batteries.

iii. Provision for publicly accessible mobile phone charging facility capable of charging at

least 10 devices simultaneously on site or any other location in the vicinity of the site.


50

iv. Aviation warning lights system on the tower and a canopy shelter for all active and

passive ground components

v. Perimeter wall accessorized with razor wire and or electric fencing.

vi. Appropriate electric grounding/earthing of the tower lattice and other elements

including power supply sources.

vii. The Tower shall be of appropriate height with adequate mechanical strength to

withstand strong wind loading. The Tower must achieve antenna height sufficient for

maximum population coverage that meets the QoS standards and a minimum of 60%

geographic coverage and 80% population coverage. The tower height shall take into

consideration line of sight for connectivity with neighboring MNO sites.

viii. The Tower should be insured against any kind of damage.

g. Requirements Specific to Bidders of Both Active & Passive Components (i.e. NFP T1 or

Consortium of NFP T1 & NFP T2/3)

35. In addition to the above requirements specific to Passive components of the network, bidders

for both Active and Passive components are required to meet the following requirements.

i. Bidders shall be expected to expound in detail the proposed network topology that

include number, location and size/type of base transmitter stations, base station

controllers, transmission systems, diagram(s) showing interconnection to the backbone

and switching systems of other networks bearing in mind future expansion

requirements and needs for network reliability and quality of service standards.

ii. Bidders shall demonstrate the choice of BTS sites and configuration that shall ensure

maximum coverage of the population and landmass within the set quality of service

standards. .

iii. The Bidder shall provide a simulation of the coverage indicating the signal strengths

for each Lot it responds to. The minimum signal strength as required under the quality

of service standards should be -95 dBm or more.

iv. Bidders are expected to make submissions that demonstrate compliance with the

following:


51

! Network components based on approved and recognized international standards and

accepted for use in Kenya,

! The network configuration and supporting facilities that meet the set network

Redundancy, Reliability and Diversity guidelines to ensure maintenance of the

highest service quality at all times. Appropriate considerations in this regard include

uninterrupted power source design (configuration of Main supply, backup generator,

backup batteries and solar/wind). Also appropriate provision for adequate cooling

(either by using air conditioning or by passive air flow design);

! Demonstrate provision of appropriate physical security such as fencing and

guarding;

! Demonstrate provision for extra capacity for sharing with at least four (4) other

providers and meet the environmental and civil aviation requirements both in terms

of design and location.

v. Bidders shall provide for and demonstrate provision for future growth and other

changes including technological evolution and service demand changes.


52

SECTION VI. DELIVERY SCHEDULE 1.1 Schedule of Delivery of Services

1.1.1 The Tenderer shall be required to complete the construction of network facilities and commissioning of the services in all Mandatory Areas (i.e., the Lots awarded) within twenty four (24) months of contract signature.

1.1.2 Tenderer must provide a work flow chart showing the program of activities from contract signature to system commissioning, including (for example):

a) Post-award site survey, planning & design b) Site acquisition c) Equipment ordering d) Civil works start and completion e) Power systems installation f) RF Installation and commissioning g) Site Integration & testing h) Site ready for acceptance

1.1.3 The schedule should indicate how the company will organize the activities within

the regional make-up of the Lot proposals made, to meet the required schedule and staged Schedule of Subsidy Payment Schedule (Section 7).


53

SECTION VII SUBSIDY PAYMENT SCHEDULE

V. Payment Schedule for providers of Both Active and Passive Infrastructure.

Table 6: Payment Schedule Table For providers of Both Active and Passive Infrastructure

Milestone Number

Target Date (Calendar

Months from Contract Effective

Date)

Construction Milestone

Tranche Payable

(Percentage of Subsidy)

Cumulative Total Paid

(percentage of Subsidy)

1. 1 months Delivery of Network Design, Final Work Plan for all the sites awarded.

10% 10%

2. 7 months The Mandatory Services are provided in (Lots) constituting 25% of the contractor’s total subsidy amount for service obligations under the contract, against receipt of an acceptable invoice and certification by CA or its representative the Technical Auditor that the equipment installations called for by the Technical Plan have been successfully completed and that signal quality measurements meet or exceed agreed minimum signal quality requirements;

20 % 30 %

3. 12 months The Mandatory Services are provided in all Lots comprising 80% of the contractor’s total subsidy amount for service obligations under the contract, against receipt of an acceptable invoice and certification by CA or its representative that the equipment installations called for by the Technical Plan have been successfully completed and that signal quality measurements meet or exceed agreed minimum signal quality requirements;

30 % 60 %

5 18 months The Mandatory Services are provided in (Lots) constituting 100% of the contractor’s total subsidy amount for service obligations under the contract, against receipt of an acceptable invoice and certification by CA or its representative the Technical Auditor that the equipment installations called for by the Technical Plan have been successfully completed and that signal quality measurements meet or exceed agreed minimum signal quality requirements;

30 90%

4. 24 months Continuous and ongoing provision for a period of six months of the services in all the Mandatory Service Areas in accordance with this Agreement, including, but not limited to, the Service Availability and Quality Specifications set out in Section 6.

10 % 100 %

5. 61 months (1 month after completion of

service contract)

Continuous and on-going provision to end of contractual period of the Services in all the Mandatory Service Areas (Lots) in accordance with the Agreement, including, but not limited to, the Service Availability and Quality Specifications set out in Section 6.

Release of Performance

Security


54

VI. Payment Schedule for Passive Infrastructure provision only

36. Table 10 below is the proposed schedule of payment for provision of passive infrastructure

Table 7: Payment Schedule for Passive Infrastructure provision

Milestone Number

Target Date (Calendar

Months from Contract

Effective Date)

Construction Milestone

Tranche Payable

(Percentage of Subsidy)

Cumulative Total Paid

(percentage of Subsidy)

1. 1 months Delivery of sites survey results, tower design at target location(s), Power dimensioning and final technical Plan for all the sites awarded.

10% 10%

2. 6 months Complete construction of one site or 30% and provision of passive elements provided in at least 1 or 30% of awarded sites will be paid the 30% subsidy amount contracted for the awarded lots against receipt of an acceptable invoice and certification by CA that the construction and equipment installations called for by the Technical Plan have been successfully completed (If awarded more than one site the 30% applies)

30% 40%

3. 12 months Complete construction of at least one site and provision of passive elements provided in at least 1 or 60% of awarded sites will be paid the 30% subsidy amount contracted for the awarded lots against receipt of an acceptable invoice and certification by CA that the construction and equipment installations called for by the Technical Plan have been successfully completed (If awarded more than one site the 60% applies)

30 % 70%

4. 18 months Complete construction of at least one site and provision of passive elements provided in at least 1 or 100% of awarded sites will be paid the 30% subsidy amount contracted for the awarded lots against receipt of an acceptable invoice and certification by CA that the construction and equipment installations called for by the Technical Plan have been successfully completed. (If awarded more than one site the 100% applies)

20% 90%

5. 24 months Continuous and on-going provision for a period of six months of the Site services in all the Mandatory Service Areas in accordance with this Agreement, including, but not limited to, the Service Availability and Quality Specifications set out in Section 6.

10 % 100 %

6. 61 months (1 month after completion of

service contract)

Continuous and on-going provision to end of contractual period of the Services in all the Mandatory Service Areas (Lots) in accordance with the Agreement, including, but not limited to, the Service Availability and Quality Specifications set out in Section 6.

Release of Performance

Security


55

37. The Service Provider shall provide CA with a milestone notice in writing (a “Construction

Milestone Notice”) upon completion of each Construction Milestone.

38. Within 30 Business Days of receipt of a Construction Milestone Notice, CA shall either:

i) Confirm in writing through provision of a “Construction Milestone Certification” to the

Parties that the Construction Milestone has been completed; or

ii) Indicate in writing to the Parties that the Construction Milestone has not been achieved,

providing reasons for and remedial actions required.

39. Payments against achieved and certified milestones shall be made within 30 Business Days

upon issuance of a Construction Milestone Certification as per the Table above.


56

SECTION VIII- STANDARD FORMS

1. Form of tender

2. Price schedules

3. Contract form

4. Confidential Questionnaire form

5. Tender security form

6. Performance security form

7. Anti – Corruption Declaration Form


57

FORM OF TENDER

Date____________________________

Tender No._______________________

To……………………..

…………………………..

[Name and address of procuring entity]

Gentlemen and/or Ladies:

1. Having examined the tender documents including Addenda

Nos.. [insert numbers],

the of which is hereby duly acknowledged, we, the undersigned, offer to provide.

[the following lots ( No. of lots out of the total lots) of services]

in conformity with the said tender documents for the sum of [total tender amount in words and

figures] or such other sums as may be ascertained in accordance with the Schedule of Prices

attached herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance with the services

schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the tender guarantee in a sum equivalent to _____

percent of the Contract Price for the due performance of the Contract, in the form prescribed by

(Procuring entity).

4. We agree to abide by this Tender for a period of [number] days from the date fixed for tender

opening of the Instructions to tenderers, and it shall remain binding upon us and may be accepted at

any time before the expiration of that period.

5. Until a formal Contract is prepared and executed, this Tender, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract between us.


58

Dated this _________________ day of_________________ 20

[signature] [In the capacity of]

Duly authorized to sign tender for and on behalf of___________


59

PRICE SCHEDULE OF SERVICES

Name of Tenderer _________Tender Number________. Page ____of ______.

1 2 3 4 5 6 7

Item Description Quantity

& quality

Duration Unit

Price

Total Price

EXW per

item

(cols. 4x5)

Unit

Price of

other

incidental

services

payable

Signature of tenderer ________________________________________________


60

CONTRACT FORM

THIS AGREEMENT made the ___day of _____20____between…………[name of procurement

entity] of ……………….[country of Procurement entity](hereinafter called “the Procuring entity”)

of the one part and ……………………[name of tenderer] of ……….[city and country of

tenderer](hereinafter called “the tenderer”) of the other part.

WHEREAS the procuring entity invited tenders for certain materials and spares.

Viz……………………..[brief description of materials and spares] and has accepted a tender by the

tenderer for the supply of those materials and spares in the spares in the sum of

………………………………………[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part

of this Agreement, viz.:

(a) The Tender Form and the Price Schedule submitted by the tenderer;

(b) the Schedule of Requirements;

(c) the Technical Specifications;

(d) the General Conditions of Contract;

(e) the Special Conditions of Contract; and

(f) the Procuring entity’s Notification of Award.

3. In consideration of the payments to be made by the Procuring entity to the tenderer as

hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to provide the

materials and spares and to remedy defects therein in conformity in all respects with the provisions

of the Contract


61

4. The Procuring entity hereby covenants to pay the tenderer in consideration of the provision of

the materials and spares and the remedying of defects therein, the Contract Price or such other sum

as may become payable under the provisions of the contract at the times and in the manner

prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by___________the _________(for the Procuring entity)

Signed, sealed, delivered by___________the __________(for the tenderer)

in the presence of_______________.


62

CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2(b) or 2(c)

whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form.

Part 1 General

Business Name .......................................................................................................................

Location of Business Premises .............................................................................................

Plot No, ..........................................................Street/Road .....................................................

Postal address ........................Tel No. ..................................Fax Email ...............................

Nature of Business ................................................................................................................

Registration Certificate No. ...................................................................................................

Maximum value of business, which you can handle at any one time – Kshs. .......................

Name of your bankers ............................................................................................................

Branch ....................................................................................................................................

Part 2 (a) – Sole Proprietor

Your name in full……………………….Age………………………………………….

Nationality……………………………Country of Origin……………………………..

Citizenship details

……………………………………………………..

Part 2 (b) – Partnership

Given details of partners as follows

Name Nationality Citizenship details Shares

1. …………………………………………………………………………………………

2. …………………………………………………………………………………………


63

3. …………………………………………………………………………………………

4. …………………………………………………………………………………………

Part 2 (c) – Registered Company

Private or Public

State the nominal and issued capital of company

Nominal Kshs.

Issued Kshs.

Given details of all directors as follows

Name Nationality Citizenship details Shares

1. …………………………………………………………………………………………

2. …………………………………………………………………………………………

3. …………………………………………………………………………………………

4. …………………………………………………………………………………………

Date……………………………………….Signature of Candidate………………………..


64

TENDER SECURITY FORM

Whereas ………………………………………..[name of the tenderer]

(hereinafter called “the tenderer”)has submitted its tender dated………………..[date of submission

of tender ] for the provision of ………………………………………………..

[name and/or description of the services]

(hereinafter called “the Tenderer”)……………………………………………………..

KNOW ALL PEOPLE by these presents that WE………………………………………

Of……………………………………………having registered office at

[name of procuring entity](hereinafter called “the Bank”)are bound unto………………

[name of procuring entity](hereinafter called “the procuring entity”) in the sum of ………..

for which payment well and truly to be made to the said Procuring entity, the Bank binds itself, its

successors, and assigns by these presents. Sealed with the Common Seal of the said Bank

this___________ day of 20_________.

THE CONDITIONS of this obligation are:

1. If the tenderer withdraws its Tender during the period of tender validity specified by the tenderer

on the Tender Form; or

2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring entity

during the period of tender validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security, in accordance with the instructions to

tenderers;

we undertake to pay to the Procuring entity up to the above amount upon receipt of its first written

demand, without the Procuring entity having to substantiate its demand, provided that in its demand

the Procuring entity will note that the amount claimed by it is due to it, owing to the occurrence of


65

one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of tender

validity, and any demand in respect thereof should reach the Bank not later than the above date.

____________________________________________________

[signature of the bank]

(Amend accordingly if provided by Insurance Company)


66

PERFORMANCE SECURITY FORM

To: ……………………………………………………………………………………………..

[name of the Procuring entity]

WHEREAS……………………………….[name of tenderer]

(hereinafter called “the tenderer”) has undertaken, in pursuance of Contract

No.___________[reference number of the contract] dated _______________20______to

supply……………………………………………………………………………………..

[Description services](Hereinafter called “the contract”)

AND WHEREAS it bas been stipulated by you in the said Contract that the tenderer shall furnish

you with a bank guarantee by a reputable bank for the sum specified therein as security for

compliance with the Tenderer’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the tenderer a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the

tenderer, up to a total of …………………………………………………….

[amount of the guarantee in words and figures],

and we undertake to pay you, upon your first written demand declaring the tenderer to be in default

under the Contract and without cavil or argument, any sum or sums within the limits of

………………………..

[amount of guarantee] as aforesaid, without your needing to prove or to show grounds or reasons

for your demand or the sum specified therein.

This guarantee is valid until the _____ day of 20

__________________________________________________________________

Signature and seal of the Guarantors

____________________________________________________________________

[name of bank or financial institution]


67

____________________________________________________________________

[address]

______________________________________________________________________

[date]

(Amend accordingly if provided by Insurance Company)


68

LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been

awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter

but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this

letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER


69

SECTION IX -ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE (Section 62

PPADA, 2015) I/We/........................................................................................ of Street, Building, P

O Box.....................................................................

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

Contact/Phone/E mail.............................................................................

I/We .................................................................................................

declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any

public officer, their relations or business associates, in connection with

Tender name.......................................................................

Tender No ....................................................................................for or in the subsequent

performance of the contract if I/We am/are successful.

Authorized Signature................................................................................................ Name and Title of

Signatory.....................................................................


70

FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender No………..…of

…………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the Public

Procurement Administrative Review Board to review the whole/part of the above mentioned

decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc.


71

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of

………....20….………

SIGNED

Board Secretary


72

REF: CA/PROC/037/VOL 1

TENDER RECEIPT ACKNOWLEDGEMENT FORM

The Authority having expressed its intention to procure (services/ goods) under the tender No …………………………….. by way of an invitation to tender, confirms; receipt of a tender document from …………………(name of the firm)…………… sealed in a ……………………… envelop on ……………….….. (insert date and time of receipt)…………….; and issuance of a tender document receipt number…………... The tender is due to close on …………………at ……….. The tender will be kept under the custody of Head of Procurement awaiting the date of the tender opening. Delivered By Name : ……………………………………………

ID No. : ……………………………………………

Firm :………………………………………………

Contacts :………………………………………………

Sign : ………………………………………………..

Date : ………………..…Time…………………….

Name of the Officer Receiving: ……………………………………………

Designation :………………………………………………

Sign : ……………………………………………

Date : ………………………Time…………………..


73

ANNEX A – BIDING LOT MAPS (Supplied as a separate document)