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February 2014
- 40 participants
- 65 discussions

20 Feb '14
Kenya ranks first among 24 developing countries in the share of residents
who make or receive payments through mobile telephones, Pew Research Centre
a US research centre reported on Tuesday.
http://www.africareview.com/Business---Finance/Kenya-leads-developing-world…
Regards
Gideon Rop
DotConnectAfrica
1
0
Listers,
Open Data Day is this Saturday 22nd February 2014. The Open Institute will be hosting the event in 3 cities simultaneously:
1. Kisumu
Coordinated by LakeHub
Venue: Maseno University Town Campus (Varsity Plaza)
2. Mombasa
Coordinated by the Mombasa Tech Community
Where: Jomo Kenyatta University of Agriculture and Technology Mombasa Campus
3. Nairobi
Coordinated by the Open Institute
Where: PAWA254
Here’s what you can do right now!
Whether you’ve registered to attend the event or not, here are three things you can do right now to make Open Data Day awesome:
1. Submit your ideas for projects you want to work on
Do you have an idea of what you’d like to work on during the event? Share it on the homepage of the event website (http://opendataday.co.ke/) and fill in the Google form at the bottom of the page. You can also see the list of submitted projects here: http://opendataday.co.ke/project-ideas
2. Send us any (and every) data you have
What would Open Data Day be without data? If you have any data, please add it to this folder on Google Drive: https://drive.google.com/folderview?id=0Bwjxv9I45D1yM0JtSFRRcVVfZlk&usp=sha…
3. Sharing is caring
Spread the word about Open Data Day! Let’s get others to participate by publicising this information. The official hashtags for the event are #ODD14 and #ODDKenya, with specific cities also tweeting on #ODDKisumu, #ODDNairobi and #ODDMombasa.
Looking forward to Saturday!
Kind Regards,
Simeon Oriko
Community Lead
Open Institute
--
Simeon Oriko | Digital and Innovation Strategist
Web: www.mtotowajirani.com | Twitter: @mtotowajirani
LinkedIn: ke.linkedin.com/in/simeonoriko
Cell: +254 724 892 941 | Skype: simeonoriko
1
0
What did Olive Telcom offer in terms of local assembly/support, maintenance
and connectivity?
http://www.businessdailyafrica.com/HP-says-tender-team-rigged-pricing-of-la…
HP says laptop bid price changed to favour rival Olive
IN SUMMARY
* HP says Olive Telecommunications had on December 13 quoted a price of
Sh23.1 billion as its final offer.
* Computer maker also claims Olive and Haier are associates that should
not have been allowed to place separate bids.
* The allegations add to the controversy that has stalked procurement of
laptops for primary schools.
Senior government officials colluded with executives of an Indian company
to inflate prices for the controversial laptops tender by as much as Sh1.4
billion after the final bids were made, it has emerged.
American computer maker Hewlett Packard (HP) says Olive Telecommunications
-- the Indian company that won the tender to supply the laptops -- had on
December 13 quoted a price of Sh23.1 billion ($268,899, 669) as its final
offer.
But Education secretary Jacob Kaimenyi later announced that Olive
Telecommunications had won the tender to supply the laptops at a price of
24.5 billion ($284,814,957) without reference to the alterations.
"It is clear from the foregoing that the procuring entity amended the total
price quoted by the successful bidder and which was read out at the opening
of BAFO (Best and Final Offer) and awarded it (Olive) the sum of
$15,914,288 (Sh1.4 billion) more than it had actually quoted," says HP in
documents filed Thursday before the Public Procurement Administrative
Review Board (PPARB).
HP also alleges that Olive and rival bidder Haier, which was among the
three shortlisted bidders for the supply of 1.3 million laptops, are
related companies that should never have been allowed to submit competing
bids meant to lock out rivals.
According to HP, the tender committee should have disqualified Olive and
Haier Group's applications on grounds that the two companies are related
and could not place separate bids.
"To the procuring entity's knowledge the said two companies had previously
entered into a joint venture to form Haier Telkom (India), a company that
is still active," says HP.
The allegations add to the controversy that has stalked procurement of
laptops for primary schools.
HP accuses the tender committee of colluding with Olive Communications to
undermine rival bidders.
The American firm claims that Ministry of Education officials allowed Olive
to submit an incomplete price list that left room for price manipulation
and enabled the Indian firm to overtake it [HP] as the lowest bidder.
In an application filed through Nairobi law firm Iseme Kamau and Maema
Advocates, HP says procurement of the laptops has been shrouded in secrecy
that has irredeemably compromised the award.
HP accuses the tender evaluation committee of disclosing the price quoted
by the bidders and in effect allowing price comparison and undercutting -- a
claim that if proved will cast doubt on the entire process.
The American company says it was the lowest bidder when the financial
offers were opened on December 6, having offered to supply the 1.28 million
laptops for Sh25 billion compared to Haier Electrical's Sh27.2 billion and
Olive Communications' Sh27.2 billion.
All prices were subject to further negotiations.
HP claims that the tender committee used every opportunity to release
confidential information in the bid documents to competing firms it says
were sister companies used to undercut its offer.
"Release of the said information created the very mischief sought to be
prevented by Section 44 of the (Public Procurement and disposal) Act," HP
says, adding that rival bidders used the unit prices to undercut the
applicant.
Meyrin Branch, who oversees HP's corporate accounts, says in an affidavit
that only his company's application should have been subjected to further
evaluation, including price negotiations, and that the tender committee
should only have engaged rival bidders in the event that the talks
collapsed.
Instead, the tender committee invited all bidders to price negotiations on
December 10 at Windsor Golf Club against HP's expectation.
The technology firm further says it was invited through a letter dated
December 6, but which was delivered on the morning of negotiations,
allowing them no time to prepare.
Each firm held separate negotiations with the tender committee during which
they were asked to reveal their BAFO.
"The mode of negotiation adopted made it very possible for information of a
particular bidder to be disclosed to others with the aim of sabotaging
certain bidders," says HP.
Ministry of Education officials are alleged to have failed to define the
scope of negotiations to participating bidders and instead confronted them
with questions at the meeting.
The tender committee is also accused of refusing to supply HP with the
minutes of the negotiations or even a summary of what transpired.
The information was needed for purposes of filing the appeal.
HP later learnt on December 13 that following the price negotiations, Olive
had dislodged it from top position with an offer of Sh23.1 billion, a
reduction of Sh4.1 billion from its initial offer of Sh27.2 billion.
The American computer maker was then left in the second lowest bidder's
position with a price of Sh24.8 billion while Haier was last with a final
offer of Sh25 billion.
"It was therefore surprising when on February 7, 2014... Prof Jacob
Kaimenyi announced that Olive Telecommunication had been awarded the tender
at Sh24.6 billion," says HP.
HP also claims that the committee declined to consider its offer to provide
value-added services to the tune of Sh4.4 billion free of charge.
It says the tender committee should have disqualified Olive and Haier
Group's application on grounds that the two companies are related and
should not have placed separate bids.
The details emerged even as the parliamentary committee investigating the
laptops for schools tender called on the government to suspend signing of
the contract.
The MPs argued that Olive is a small company that partnered with another
firm called CMC to tender for the laptop and that it is not an original
equipment manufacturer (OEM).
The MPs' claims give credence to HP's argument that the committee breached
one of the requirements that limited bidding to OEMs.
The parliamentary committee has accused Prof Kaimenyi of awarding the
tender even before the due diligence report on the winning company is
scrutinised.
MPs are expected to independently investigate the matter and produce a
report.
Ministry of Education officials are also accused of rejecting HP's bid for
the supply of projectors on grounds that it is not an OEM for projectors
even as it accepted Olive's bid for laptops.
"Since the requirement that bidders must be OEMs was specifically set out
in the tender documents, HP accepted the decision (to reject its bid for
projectors) and reasonably expected that similar criteria would be used in
respect of other bidders," HP says.
The government in October re-advertised for the supply of laptops, printers
and projectors to public schools in fulfilment of Jubilee alliance's
campaign manifesto.
10
22
Find attached CV
On Wed, Feb 19, 2014 at 3:10 PM, <kictanet-request(a)lists.kictanet.or.ke>wrote:
> Send kictanet mailing list submissions to
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> Today's Topics:
>
> 1. Re: HP says laptop bid price changed to favour rival Olive
> (Adam Nelson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 19 Feb 2014 15:08:54 +0300
> From: Adam Nelson <adam(a)varud.com>
> To: Ali Hussein <ali(a)hussein.me.ke>
> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>
> Subject: Re: [kictanet] HP says laptop bid price changed to favour
> rival Olive
> Message-ID:
> <CAGTm15=
> GXJOuuzomsJkDUScSx14KL3CpqeVA9LboUkkKnVBB7w(a)mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> It's called mercantilism (http://en.wikipedia.org/wiki/Mercantilism) and
> it
> can actually work as pointed out with certain industries. I won't claim to
> be an economist but if a country wants to be more mercantilist, it needs to
> meet a few basic requirements:
>
> 1. Very smart technocrat class making smart decisions about what industries
> to nurture.
> 2. Consistency over time (i.e. 10-15 years).
> 3. Limited focus (i.e. pick 3-4 industries, not 20).
>
> I just hope that Kenya doesn't choose to put its chips into a 20 year old
> industry that doesn't even exist here and has already plateaued globally,
> i.e. laptop assembly.
>
>
> --
> Kili - Cloud for Africa: kili.io
> Musings: twitter.com/varud <https://twitter.com/varud>
> More Musings: varud.com
> About Adam: www.linkedin.com/in/adamcnelson
>
>
> On Wed, Feb 19, 2014 at 3:00 PM, Ali Hussein <ali(a)hussein.me.ke> wrote:
>
> > Kivuva
> >
> > Good point on the motor industry.
> >
> > In my previous life :) I used to work in the motor industry at Lonrho
> > Motors as a Market Analyst.
> >
> > The government then had a % (can't remember the act percentage) local
> > content mandatory rule for commercial vehicles. As a result there
> emerged a
> > local content industry that exists to date that did body work,
> upholstery,
> > shocks, nuts and bolts etc..The beginnings of what is know as OEM
> (Original
> > Equipment Manufacturers). A lot of that is now lost because of
> ill-informed
> > blanket free market reforms driven by the IMF. (trust me when I say that
> no
> > western or eastern country has blanket free market economies except
> > Africa!). This thinking in the motor industry is what informed the growth
> > of the Japanese Motor Industry through deliberate policy moves by their
> > MITI (Ministry of international Trade & Industry).
> >
> > We in Africa have the opportunity to not allow ourselves to be encumbered
> > by legacy thinking of old school economic theories of comparative
> advantage
> > etc. We can learn and discard and ensure we get the best of both worlds.
> >
> > Ali Hussein
> >
> > +254 0770 906375 / 0713 601113
> >
> > "I fear the day technology will surpass human interaction. The world will
> > have a generation of idiots". ~ Albert Einstein
> >
> > Sent from my iPad
> >
> > On Feb 19, 2014, at 12:52 PM, Kivuva <Kivuva(a)transworldafrica.com>
> wrote:
> >
> > Thank you Machuhi, Lucy, Muraya and Ali for supporting that line of
> > thought.
> >
> > Adam, take time I walk you round our shopping centres around the country.
> > You will find thousands of educated youths hanging around with nothing
> > todo. They would appreciate working in some plant than wasting their
> years.
> >
> > And knowledge economy is good, but before we reach there what shall we be
> > doing?
> >
> > Lets take a model African country doing manufacturing. Many of the major
> > multinational firms use South Africa to source components and assemble
> > vehicles for the local and international markets. The sector is one of
> > South Africa's most important, contributing at least 6% to the country's
> > GDP and accounting for almost 12% of South Africa's manufacturing
> exports,
> > making it a crucial cog in the economy. In 2010, 271 000 vehicles were
> > exported. More than 28 000 people are directly employed in automotive
> > manufacturing, with 65 000 employed in the component manufacturing
> > industry. About 200 000 are employed in retail and aftermarket
> activities,
> > with 6 600 employed in the tyre manufacturing industry. Read more:
> >
> http://www.southafrica.info/business/economy/sectors/automotive-overview.ht…
> >
> >
> > Nobody should tell us we can only be mass consumer, we too, can add value
> > to the chain, and decide our own destiny.
> >
> > ______________________
> > Mwendwa Kivuva, Nairobi, Kenya.
> > twitter.com/lordmwesh
> > google ID | Skype ID: lordmwesh
> >
> >
> > On 19 February 2014 00:02, Lucy Kimani <lkimani(a)yahoo.com> wrote:
> >
> >> Murigi,
> >>
> >> I am with you on this one, I seem to recall the University of Nairobi
> >> being challenged engage in capacity building, but if the go.ke does not
> >> provide an enabling environment then that will be for null. The more
> >> things change in Kenya the more they remain the same, the go.ke should
> >> be using all their bags of tricks to level the playing field, and create
> >> new jobs for the youth. I see this as a lost opportunity at building
> >> capacity and investing in an industrial manufacturing foundation be it
> for
> >> laptops or even tablets as has been stated severally. The most
> developed
> >> of countries aka USA still has young people working on assembly lines,
> >> this would definitely be preferable to being unemployed, ask the youth
> who
> >> cant find a job anywhere these days.
> >>
> >> Very disappointed in The Ministry of Information and Communication who
> >> are MIA in this very important discussion, and many others as I have
> >> pointed out previously leaving a void as representatives of the digital
> >> go.ke your silence on this very important issue is deafening. I
> thought
> >> your mission was to and I quote "To develop Kenya as a globally
> >> competitive and prosperous nation by creating an enabling environment
> that
> >> encourages and enhances the development, expansion and use of
> Information
> >> Communications Technologies (ICTs)."
> >>
> >> On Wednesday, February 19, 2014 9:44 AM, S.M. Muraya <
> >> murigi.muraya(a)gmail.com> wrote:
> >> If Asians listened to Western doubts about their prospects and
> >> potential, they would not have the manufacturing capabilities they do
> today.
> >> China imports raw materials from Africa, and like them, we should not
> >> give our children a chance to learn to transform these into other
> products?
> >> First we build labs (mini factories) then...
> >> On Feb 19, 2014 9:00 AM, "Adam Nelson" <adam(a)varud.com> wrote:
> >>
> >> Keep in mind though that supporting industry and helping kids with a
> >> final product are two independent things. The more money that goes into
> >> spinning up a manufacturing capacity, the less money that goes into
> getting
> >> the technology to the kids. Kenya can't magically produce laptops
> cheaper
> >> than China can.
> >>
> >> Kenya has no chance of having a meaningful laptop assembly capacity
> >> because it doesn't have the economies of scale that South East Asia has.
> >> Europe and the US are giving lots of technology to their children and
> none
> >> of that stuff is produced in-country because manufacturing plants can't
> >> exist in isolation.
> >>
> >> A laptop assembly plant is just one of dozens of plants (chemical
> >> manufacturing, plastic-shaping, aluminum foundries, LED, etc...) needed
> in
> >> close proximity to eachother just to create the first laptop. Having a
> >> laptop assembly plant in Kenya and all the preceding plants stay in
> China
> >> isn't economically viable. And also, if the plant is only creating a
> few
> >> million laptops, it's doubly not viable. It has to produce more like
> >> 10M/year and in order to do that and so the plants would need to export
> >> those laptops. Where are these laptops going to be exported to and how?
> >> Is a typical Rwandan going to buy a Kenyan laptop over a Chinese one?
> >> Maybe, just maybe, with a solid $5-$10B of pure investment Kenya could
> get
> >> a real industry going but then to what end? Computer manufacturing has
> >> already plateaued (currently one computer produced for every 20 people
> each
> >> year) and it's agreed that future growth will happen in tablets and
> mobiles
> >> where most of the value is in commodities and intellectual property, not
> >> assembly line labor. Tablet sales are already 60% of computer sales and
> >> the industry is seeing 50% YoY growth.
> >>
> >> Kenya has all the raw ingredients to leapfrog manufacturing and go
> >> straight to a knowledge economy - it just needs to invest deeply in its
> >> children through strong, universal education. Having young people
> working
> >> on assembly lines is not a way to empower youth.
> >>
> >>
> >>
> >> --
> >> Kili - Cloud for Africa: kili.io
> >> Musings: twitter.com/varud <https://twitter.com/varud>
> >> More Musings: varud.com
> >> About Adam: www.linkedin.com/in/adamcnelson
> >>
> >>
> >> On Tue, Feb 18, 2014 at 10:12 PM, S.M. Muraya <murigi.muraya(a)gmail.com
> >wrote:
> >>
> >> They are taking electricity to thousands of schools to make this project
> >> work.
> >>
> >>
> >>
> http://mobile.nation.co.ke/News/Electricity+and+stores+pledge+in+laptops+pl…
> >>
> >> Have noted in the past, the ecosystem effects are significant, even if
> >> the laptops fail to increase interactive learning.
> >>
> >> The power of Go.Ke to demand electronic assembling plants has also
> >> significantly increased.
> >>
> >> Regards
> >>
> >> Murigi / Stanley Muraya
> >>
> >> *"Better a patient person than a warrior, one with self-control than one
> >> who takes a city." Prov 16:32*
> >>
> >>
> >> On Tue, Feb 18, 2014 at 8:24 PM, Sean Moroney <seanm(a)aitecafrica.com
> >wrote:
> >>
> >> Here, here, Adam.
> >>
> >> The entire project is garbage, from beginning to end, but unfortunately
> >> rational thought and action are not given priority in politics.
> >>
> >> Imagine what could have been achieved if the laptop budget had been
> >> allocated to capacity building for teachers, and developing secure
> >> solar-powered computer labs for all school years to use.
> >>
> >> Sean Moroney
> >> *Chairman*
> >> *AITEC Africa*
> >>
> >> seanm(a)aitecafrica.com
> >> UK Tel: +44(0)1480-880774 begin_of_the_skype_highlighting
> >> +44(0)1480-880774 FREE end_of_the_skype_highlighting
> >> UK Fax: +44(0)1480-880765
> >> UK Mobile: +44(0)7973-499224 begin_of_the_skype_highlighting
> >> +44(0)7973-499224 FREE end_of_the_skype_highlighting
> >> *Ghana Mobile: +233(0)57-0445059
> >> begin_of_the_skype_highlighting +233(0)57-0445059 FREE
> >> end_of_the_skype_highlighting*
> >> *Kenya Mobile: +254(0)721-845674
> >> begin_of_the_skype_highlighting +254(0)721-845674 FREE
> >> end_of_the_skype_highlighting*
> >> *Mozambique Mobile: +258-820880583
> >> begin_of_the_skype_highlighting +258-820880583 FREE
> >> end_of_the_skype_highlighting*
> >> *Nigeria Mobile +234(0)701-196-1413*
> >> Skype: seanmoroney
> >> www.aitecafrica.com <http://aitecafrica.com/>
> >> <image001.jpg> <http://aitecafrica.com/event/view/95>
> >>
> >> <image002.png> <https://twitter.com/aitecafrica> <image003.png><
> https://www.facebook.com/pages/Aitec-Africa/143207745706922?ref=ts&fref=ts
> >
> >> *Our Events:*
> >> *Broadcast, Film and Music Africa <
> http://aitecafrica.com/event/view/112>*
> >> *Africa Media Business Exchange <http://aitecafrica.com/event/view/113
> >*
> >> *ATEC Banking and Mobile Money West Africa, Lagos
> >> <http://aitecafrica.com/event/view/105>*
> >> *AITEC Banking and Mobile Money West Africa, Accra
> >> <http://aitecafrica.com/event/view/114>*
> >> *AITEC Banking and Mobile Money COMESA
> >> <http://aitecafrica.com/event/view/92>*
> >> *AITEC Southern Africa ICT Summit <
> http://aitecafrica.com/event/view/115>*
> >> *AITEC East Africa ICT Summit <http://aitecafrica.com/event/view/95>*
> >> *AfriHealth <http://aitecafrica.com/event/view/94>*
> >>
> >> AITEC Africa is the trading name of AITEC Conferences Limited registered
> >> in England and Wales.Company registration number: 4698475
> >>
> >>
> >> *From:* kictanet [mailto:kictanet-bounces+seanm=
> >> aitecafrica.com(a)lists.kictanet.or.ke] *On Behalf Of *Adam Nelson
> >> *Sent:* 18 February 2014 15:00
> >> *To:* Sean Moroney
> >> *Cc:* KICTAnet ICT Policy Discussions
> >> *Subject:* Re: [kictanet] HP says laptop bid price changed to favour
> >> rival Olive
> >>
> >> We're ignoring the elephant in the room. Both vendor's laptops are
> >> going to be garbage.
> >>
> >> With that kind of budget, tablets are the only way to go. Anyway,
> >> tablets are so much more sensible from a pedagogical point of view as
> well
> >> as a battery life (10 hours vs 1) and durability standpoint (you can
> drop a
> >> tablet on a cement floor from 2 feet and the screen might crack but it
> can
> >> be taped up and works fine).
> >>
> >> Even Apple iPads are only $300 retail nowadays and surely the
> >> government could get them for $200 or even $150 since Apple's CSR team
> >> would be all over themselves to make the sale. No ICT support would be
> >> required and everything would 'just work' as long as the theft and
> breakage
> >> rate is kept reasonable.
> >>
> >> If anybody in the government could do anything innovative with this
> >> thing, it would catapult their career to the national and international
> >> stage.
> >>
> >> --
> >> Kili - Cloud for Africa: kili.io
> >> Musings: twitter.com/varud <https://twitter.com/varud>
> >> More Musings: varud.com
> >> About Adam: www.linkedin.com/in/adamcnelson
> >>
> >> On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi(a)at.co.ke>
> wrote:
> >> If this line is true,
> >>
> >> "*...The technology firm further says it was invited through a letter
> >> dated December 6, but which was delivered on the morning of
> negotiations,
> >> allowing them no time to prepare...*."
> >>
> >> Then you know HP is being played for sucker, and I think they are....
> >> The only option on the table, prepare themselves for a Judicial Review
> >> (Takes about a year to conclude), PPARB decisions IMO are not based on
> >> substance, and if they are, its of a different kind!
> >> Waithaka Ngigi
> >>
> >> On Tue, Feb 18, 2014 at 5:21 PM, S.M. Muraya <murigi.muraya(a)gmail.com
> >
> >> wrote:
> >>
> >> What did Olive Telcom offer in terms of local assembly/support,
> >> maintenance and connectivity?
> >>
> >>
> http://www.businessdailyafrica.com/HP-says-tender-team-rigged-pricing-of-la…
> >> HP says laptop bid price changed to favour rival Olive
> >> IN SUMMARY
> >> * HP says Olive Telecommunications had on December 13 quoted a price
> of
> >> Sh23.1 billion as its final offer.
> >> * Computer maker also claims Olive and Haier are associates that
> should
> >> not have been allowed to place separate bids.
> >> * The allegations add to the controversy that has stalked procurement
> >> of laptops for primary schools.
> >> Senior government officials colluded with executives of an Indian
> company
> >> to inflate prices for the controversial laptops tender by as much as
> Sh1.4
> >> billion after the final bids were made, it has emerged.
> >> American computer maker Hewlett Packard (HP) says Olive
> >> Telecommunications -- the Indian company that won the tender to supply
> the
> >> laptops -- had on December 13 quoted a price of Sh23.1 billion
> ($268,899,
> >> 669) as its final offer.
> >> But Education secretary Jacob Kaimenyi later announced that Olive
> >> Telecommunications had won the tender to supply the laptops at a price
> of
> >> 24.5 billion ($284,814,957) without reference to the alterations.
> >> "It is clear from the foregoing that the procuring entity amended the
> >> total price quoted by the successful bidder and which was read out at
> the
> >> opening of BAFO (Best and Final Offer) and awarded it (Olive) the sum of
> >> $15,914,288 (Sh1.4 billion) more than it had actually quoted," says HP
> in
> >> documents filed Thursday before the Public Procurement Administrative
> >> Review Board (PPARB).
> >> HP also alleges that Olive and rival bidder Haier, which was among the
> >> three shortlisted bidders for the supply of 1.3 million laptops, are
> >> related companies that should never have been allowed to submit
> competing
> >> bids meant to lock out rivals.
> >> According to HP, the tender committee should have disqualified Olive and
> >> Haier Group's applications on grounds that the two companies are related
> >> and could not place separate bids.
> >> "To the procuring entity's knowledge the said two companies had
> >> previously entered into a joint venture to form Haier Telkom (India), a
> >> company that is still active," says HP.
> >> The allegations add to the controversy that has stalked procurement of
> >> laptops for primary schools.
> >> HP accuses the tender committee of colluding with Olive Communications
> to
> >> undermine rival bidders.
> >> The American firm claims that Ministry of Education officials allowed
> >> Olive to submit an incomplete price list that left room for price
> >> manipulation and enabled the Indian firm to overtake it [HP] as the
> lowest
> >> bidder.
> >> In an application filed through Nairobi law firm Iseme Kamau and Maema
> >> Advocates, HP says procurement of the laptops has been shrouded in
> secrecy
> >> that has irredeemably compromised the award.
> >> HP accuses the tender evaluation committee of disclosing the price
> quoted
> >> by the bidders and in effect allowing price comparison and undercutting
> -- a
> >> claim that if proved will cast doubt on the entire process.
> >> The American company says it was the lowest bidder when the financial
> >> offers were opened on December 6, having offered to supply the 1.28
> million
> >> laptops for Sh25 billion compared to Haier Electrical's Sh27.2 billion
> and
> >> Olive Communications' Sh27.2 billion.
> >> All prices were subject to further negotiations.
> >> HP claims that the tender committee used every opportunity to release
> >> confidential information in the bid documents to competing firms it says
> >> were sister companies used to undercut its offer.
> >> "Release of the said information created the very mischief sought to be
> >> prevented by Section 44 of the (Public Procurement and disposal) Act,"
> HP
> >> says, adding that rival bidders used the unit prices to undercut the
> >> applicant.
> >> Meyrin Branch, who oversees HP's corporate accounts, says in an
> affidavit
> >> that only his company's application should have been subjected to
> further
> >> evaluation, including price negotiations, and that the tender committee
> >> should only have engaged rival bidders in the event that the talks
> >> collapsed.
> >> Instead, the tender committee invited all bidders to price negotiations
> >> on December 10 at Windsor Golf Club against HP's expectation.
> >> The technology firm further says it was invited through a letter dated
> >> December 6, but which was delivered on the morning of negotiations,
> >> allowing them no time to prepare.
> >> Each firm held separate negotiations with the tender committee during
> >> which they were asked to reveal their BAFO.
> >> "The mode of negotiation adopted made it very possible for information
> of
> >> a particular bidder to be disclosed to others with the aim of sabotaging
> >> certain bidders," says HP.
> >> Ministry of Education officials are alleged to have failed to define the
> >> scope of negotiations to participating bidders and instead confronted
> them
> >> with questions at the meeting.
> >> The tender committee is also accused of refusing to supply HP with the
> >> minutes of the negotiations or even a summary of what transpired.
> >> The information was needed for purposes of filing the appeal.
> >> HP later learnt on December 13 that following the price negotiations,
> >> Olive had dislodged it from top position with an offer of Sh23.1
> billion, a
> >> reduction of Sh4.1 billion from its initial offer of Sh27.2 billion.
> >> The American computer maker was then left in the second lowest bidder's
> >> position with a price of Sh24.8 billion while Haier was last with a
> final
> >> offer of Sh25 billion.
> >> "It was therefore surprising when on February 7, 2014... Prof Jacob
> >> Kaimenyi announced that Olive Telecommunication had been awarded the
> tender
> >> at Sh24.6 billion," says HP.
> >> HP also claims that the committee declined to consider its offer to
> >> provide value-added services to the tune of Sh4.4 billion free of
> charge.
> >> It says the tender committee should have disqualified Olive and Haier
> >> Group's application on grounds that the two companies are related and
> >> should not have placed separate bids.
> >> The details emerged even as the parliamentary committee investigating
> the
> >> laptops for schools tender called on the government to suspend signing
> of
> >> the contract.
> >> The MPs argued that Olive is a small company that partnered with another
> >> firm called CMC to tender for the laptop and that it is not an original
> >> equipment manufacturer (OEM).
> >> The MPs' claims give credence to HP's argument that the committee
> >> breached one of the requirements that limited bidding to OEMs.
> >> The parliamentary committee has accused Prof Kaimenyi of awarding the
> >> tender even before the due diligence report on the winning company is
> >> scrutinised.
> >> MPs are expected to independently investigate the matter and produce a
> >> report.
> >> Ministry of Education officials are also accused of rejecting HP's bid
> >> for the supply of projectors on grounds that it is not an OEM for
> >> projectors even as it accepted Olive's bid for laptops.
> >> "Since the requirement that bidders must be OEMs was specifically set
> out
> >> in the tender documents, HP accepted the decision (to reject its bid for
> >> projectors) and reasonably expected that similar criteria would be used
> in
> >> respect of other bidders," HP says.
> >> The government in October re-advertised for the supply of laptops,
> >> printers and projectors to public schools in fulfilment of Jubilee
> >> alliance's campaign manifesto.
> >>
> >> _______________________________________________
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> >> for people and institutions interested and involved in ICT policy and
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> >> --
> >> *Regards,*
> >>
> >> *Wait**haka Ngigi*
> >> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
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> >> for people and institutions interested and involved in ICT policy and
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> >> sector in support of the national aim of ICT enabled growth and
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> > for people and institutions interested and involved in ICT policy and
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> > sector in support of the national aim of ICT enabled growth and
> development.
> >
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> > online that you follow in real life: respect people's times and
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> > for people and institutions interested and involved in ICT policy and
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>
1
0
1. Tony Otieno (Looking for IT Job)
On Wed, Feb 19, 2014 at 3:10 PM, <kictanet-request(a)lists.kictanet.or.ke>wrote:
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> Today's Topics:
>
> 1. Re: HP says laptop bid price changed to favour rival Olive
> (Adam Nelson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 19 Feb 2014 15:08:54 +0300
> From: Adam Nelson <adam(a)varud.com>
> To: Ali Hussein <ali(a)hussein.me.ke>
> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke>
> Subject: Re: [kictanet] HP says laptop bid price changed to favour
> rival Olive
> Message-ID:
> <CAGTm15=
> GXJOuuzomsJkDUScSx14KL3CpqeVA9LboUkkKnVBB7w(a)mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> It's called mercantilism (http://en.wikipedia.org/wiki/Mercantilism) and
> it
> can actually work as pointed out with certain industries. I won't claim to
> be an economist but if a country wants to be more mercantilist, it needs to
> meet a few basic requirements:
>
> 1. Very smart technocrat class making smart decisions about what industries
> to nurture.
> 2. Consistency over time (i.e. 10-15 years).
> 3. Limited focus (i.e. pick 3-4 industries, not 20).
>
> I just hope that Kenya doesn't choose to put its chips into a 20 year old
> industry that doesn't even exist here and has already plateaued globally,
> i.e. laptop assembly.
>
>
> --
> Kili - Cloud for Africa: kili.io
> Musings: twitter.com/varud <https://twitter.com/varud>
> More Musings: varud.com
> About Adam: www.linkedin.com/in/adamcnelson
>
>
> On Wed, Feb 19, 2014 at 3:00 PM, Ali Hussein <ali(a)hussein.me.ke> wrote:
>
> > Kivuva
> >
> > Good point on the motor industry.
> >
> > In my previous life :) I used to work in the motor industry at Lonrho
> > Motors as a Market Analyst.
> >
> > The government then had a % (can't remember the act percentage) local
> > content mandatory rule for commercial vehicles. As a result there
> emerged a
> > local content industry that exists to date that did body work,
> upholstery,
> > shocks, nuts and bolts etc..The beginnings of what is know as OEM
> (Original
> > Equipment Manufacturers). A lot of that is now lost because of
> ill-informed
> > blanket free market reforms driven by the IMF. (trust me when I say that
> no
> > western or eastern country has blanket free market economies except
> > Africa!). This thinking in the motor industry is what informed the growth
> > of the Japanese Motor Industry through deliberate policy moves by their
> > MITI (Ministry of international Trade & Industry).
> >
> > We in Africa have the opportunity to not allow ourselves to be encumbered
> > by legacy thinking of old school economic theories of comparative
> advantage
> > etc. We can learn and discard and ensure we get the best of both worlds.
> >
> > Ali Hussein
> >
> > +254 0770 906375 / 0713 601113
> >
> > "I fear the day technology will surpass human interaction. The world will
> > have a generation of idiots". ~ Albert Einstein
> >
> > Sent from my iPad
> >
> > On Feb 19, 2014, at 12:52 PM, Kivuva <Kivuva(a)transworldafrica.com>
> wrote:
> >
> > Thank you Machuhi, Lucy, Muraya and Ali for supporting that line of
> > thought.
> >
> > Adam, take time I walk you round our shopping centres around the country.
> > You will find thousands of educated youths hanging around with nothing
> > todo. They would appreciate working in some plant than wasting their
> years.
> >
> > And knowledge economy is good, but before we reach there what shall we be
> > doing?
> >
> > Lets take a model African country doing manufacturing. Many of the major
> > multinational firms use South Africa to source components and assemble
> > vehicles for the local and international markets. The sector is one of
> > South Africa's most important, contributing at least 6% to the country's
> > GDP and accounting for almost 12% of South Africa's manufacturing
> exports,
> > making it a crucial cog in the economy. In 2010, 271 000 vehicles were
> > exported. More than 28 000 people are directly employed in automotive
> > manufacturing, with 65 000 employed in the component manufacturing
> > industry. About 200 000 are employed in retail and aftermarket
> activities,
> > with 6 600 employed in the tyre manufacturing industry. Read more:
> >
> http://www.southafrica.info/business/economy/sectors/automotive-overview.ht…
> >
> >
> > Nobody should tell us we can only be mass consumer, we too, can add value
> > to the chain, and decide our own destiny.
> >
> > ______________________
> > Mwendwa Kivuva, Nairobi, Kenya.
> > twitter.com/lordmwesh
> > google ID | Skype ID: lordmwesh
> >
> >
> > On 19 February 2014 00:02, Lucy Kimani <lkimani(a)yahoo.com> wrote:
> >
> >> Murigi,
> >>
> >> I am with you on this one, I seem to recall the University of Nairobi
> >> being challenged engage in capacity building, but if the go.ke does not
> >> provide an enabling environment then that will be for null. The more
> >> things change in Kenya the more they remain the same, the go.ke should
> >> be using all their bags of tricks to level the playing field, and create
> >> new jobs for the youth. I see this as a lost opportunity at building
> >> capacity and investing in an industrial manufacturing foundation be it
> for
> >> laptops or even tablets as has been stated severally. The most
> developed
> >> of countries aka USA still has young people working on assembly lines,
> >> this would definitely be preferable to being unemployed, ask the youth
> who
> >> cant find a job anywhere these days.
> >>
> >> Very disappointed in The Ministry of Information and Communication who
> >> are MIA in this very important discussion, and many others as I have
> >> pointed out previously leaving a void as representatives of the digital
> >> go.ke your silence on this very important issue is deafening. I
> thought
> >> your mission was to and I quote "To develop Kenya as a globally
> >> competitive and prosperous nation by creating an enabling environment
> that
> >> encourages and enhances the development, expansion and use of
> Information
> >> Communications Technologies (ICTs)."
> >>
> >> On Wednesday, February 19, 2014 9:44 AM, S.M. Muraya <
> >> murigi.muraya(a)gmail.com> wrote:
> >> If Asians listened to Western doubts about their prospects and
> >> potential, they would not have the manufacturing capabilities they do
> today.
> >> China imports raw materials from Africa, and like them, we should not
> >> give our children a chance to learn to transform these into other
> products?
> >> First we build labs (mini factories) then...
> >> On Feb 19, 2014 9:00 AM, "Adam Nelson" <adam(a)varud.com> wrote:
> >>
> >> Keep in mind though that supporting industry and helping kids with a
> >> final product are two independent things. The more money that goes into
> >> spinning up a manufacturing capacity, the less money that goes into
> getting
> >> the technology to the kids. Kenya can't magically produce laptops
> cheaper
> >> than China can.
> >>
> >> Kenya has no chance of having a meaningful laptop assembly capacity
> >> because it doesn't have the economies of scale that South East Asia has.
> >> Europe and the US are giving lots of technology to their children and
> none
> >> of that stuff is produced in-country because manufacturing plants can't
> >> exist in isolation.
> >>
> >> A laptop assembly plant is just one of dozens of plants (chemical
> >> manufacturing, plastic-shaping, aluminum foundries, LED, etc...) needed
> in
> >> close proximity to eachother just to create the first laptop. Having a
> >> laptop assembly plant in Kenya and all the preceding plants stay in
> China
> >> isn't economically viable. And also, if the plant is only creating a
> few
> >> million laptops, it's doubly not viable. It has to produce more like
> >> 10M/year and in order to do that and so the plants would need to export
> >> those laptops. Where are these laptops going to be exported to and how?
> >> Is a typical Rwandan going to buy a Kenyan laptop over a Chinese one?
> >> Maybe, just maybe, with a solid $5-$10B of pure investment Kenya could
> get
> >> a real industry going but then to what end? Computer manufacturing has
> >> already plateaued (currently one computer produced for every 20 people
> each
> >> year) and it's agreed that future growth will happen in tablets and
> mobiles
> >> where most of the value is in commodities and intellectual property, not
> >> assembly line labor. Tablet sales are already 60% of computer sales and
> >> the industry is seeing 50% YoY growth.
> >>
> >> Kenya has all the raw ingredients to leapfrog manufacturing and go
> >> straight to a knowledge economy - it just needs to invest deeply in its
> >> children through strong, universal education. Having young people
> working
> >> on assembly lines is not a way to empower youth.
> >>
> >>
> >>
> >> --
> >> Kili - Cloud for Africa: kili.io
> >> Musings: twitter.com/varud <https://twitter.com/varud>
> >> More Musings: varud.com
> >> About Adam: www.linkedin.com/in/adamcnelson
> >>
> >>
> >> On Tue, Feb 18, 2014 at 10:12 PM, S.M. Muraya <murigi.muraya(a)gmail.com
> >wrote:
> >>
> >> They are taking electricity to thousands of schools to make this project
> >> work.
> >>
> >>
> >>
> http://mobile.nation.co.ke/News/Electricity+and+stores+pledge+in+laptops+pl…
> >>
> >> Have noted in the past, the ecosystem effects are significant, even if
> >> the laptops fail to increase interactive learning.
> >>
> >> The power of Go.Ke to demand electronic assembling plants has also
> >> significantly increased.
> >>
> >> Regards
> >>
> >> Murigi / Stanley Muraya
> >>
> >> *"Better a patient person than a warrior, one with self-control than one
> >> who takes a city." Prov 16:32*
> >>
> >>
> >> On Tue, Feb 18, 2014 at 8:24 PM, Sean Moroney <seanm(a)aitecafrica.com
> >wrote:
> >>
> >> Here, here, Adam.
> >>
> >> The entire project is garbage, from beginning to end, but unfortunately
> >> rational thought and action are not given priority in politics.
> >>
> >> Imagine what could have been achieved if the laptop budget had been
> >> allocated to capacity building for teachers, and developing secure
> >> solar-powered computer labs for all school years to use.
> >>
> >> Sean Moroney
> >> *Chairman*
> >> *AITEC Africa*
> >>
> >> seanm(a)aitecafrica.com
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> >> *AfriHealth <http://aitecafrica.com/event/view/94>*
> >>
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> >> in England and Wales.Company registration number: 4698475
> >>
> >>
> >> *From:* kictanet [mailto:kictanet-bounces+seanm=
> >> aitecafrica.com(a)lists.kictanet.or.ke] *On Behalf Of *Adam Nelson
> >> *Sent:* 18 February 2014 15:00
> >> *To:* Sean Moroney
> >> *Cc:* KICTAnet ICT Policy Discussions
> >> *Subject:* Re: [kictanet] HP says laptop bid price changed to favour
> >> rival Olive
> >>
> >> We're ignoring the elephant in the room. Both vendor's laptops are
> >> going to be garbage.
> >>
> >> With that kind of budget, tablets are the only way to go. Anyway,
> >> tablets are so much more sensible from a pedagogical point of view as
> well
> >> as a battery life (10 hours vs 1) and durability standpoint (you can
> drop a
> >> tablet on a cement floor from 2 feet and the screen might crack but it
> can
> >> be taped up and works fine).
> >>
> >> Even Apple iPads are only $300 retail nowadays and surely the
> >> government could get them for $200 or even $150 since Apple's CSR team
> >> would be all over themselves to make the sale. No ICT support would be
> >> required and everything would 'just work' as long as the theft and
> breakage
> >> rate is kept reasonable.
> >>
> >> If anybody in the government could do anything innovative with this
> >> thing, it would catapult their career to the national and international
> >> stage.
> >>
> >> --
> >> Kili - Cloud for Africa: kili.io
> >> Musings: twitter.com/varud <https://twitter.com/varud>
> >> More Musings: varud.com
> >> About Adam: www.linkedin.com/in/adamcnelson
> >>
> >> On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi(a)at.co.ke>
> wrote:
> >> If this line is true,
> >>
> >> "*...The technology firm further says it was invited through a letter
> >> dated December 6, but which was delivered on the morning of
> negotiations,
> >> allowing them no time to prepare...*."
> >>
> >> Then you know HP is being played for sucker, and I think they are....
> >> The only option on the table, prepare themselves for a Judicial Review
> >> (Takes about a year to conclude), PPARB decisions IMO are not based on
> >> substance, and if they are, its of a different kind!
> >> Waithaka Ngigi
> >>
> >> On Tue, Feb 18, 2014 at 5:21 PM, S.M. Muraya <murigi.muraya(a)gmail.com
> >
> >> wrote:
> >>
> >> What did Olive Telcom offer in terms of local assembly/support,
> >> maintenance and connectivity?
> >>
> >>
> http://www.businessdailyafrica.com/HP-says-tender-team-rigged-pricing-of-la…
> >> HP says laptop bid price changed to favour rival Olive
> >> IN SUMMARY
> >> * HP says Olive Telecommunications had on December 13 quoted a price
> of
> >> Sh23.1 billion as its final offer.
> >> * Computer maker also claims Olive and Haier are associates that
> should
> >> not have been allowed to place separate bids.
> >> * The allegations add to the controversy that has stalked procurement
> >> of laptops for primary schools.
> >> Senior government officials colluded with executives of an Indian
> company
> >> to inflate prices for the controversial laptops tender by as much as
> Sh1.4
> >> billion after the final bids were made, it has emerged.
> >> American computer maker Hewlett Packard (HP) says Olive
> >> Telecommunications -- the Indian company that won the tender to supply
> the
> >> laptops -- had on December 13 quoted a price of Sh23.1 billion
> ($268,899,
> >> 669) as its final offer.
> >> But Education secretary Jacob Kaimenyi later announced that Olive
> >> Telecommunications had won the tender to supply the laptops at a price
> of
> >> 24.5 billion ($284,814,957) without reference to the alterations.
> >> "It is clear from the foregoing that the procuring entity amended the
> >> total price quoted by the successful bidder and which was read out at
> the
> >> opening of BAFO (Best and Final Offer) and awarded it (Olive) the sum of
> >> $15,914,288 (Sh1.4 billion) more than it had actually quoted," says HP
> in
> >> documents filed Thursday before the Public Procurement Administrative
> >> Review Board (PPARB).
> >> HP also alleges that Olive and rival bidder Haier, which was among the
> >> three shortlisted bidders for the supply of 1.3 million laptops, are
> >> related companies that should never have been allowed to submit
> competing
> >> bids meant to lock out rivals.
> >> According to HP, the tender committee should have disqualified Olive and
> >> Haier Group's applications on grounds that the two companies are related
> >> and could not place separate bids.
> >> "To the procuring entity's knowledge the said two companies had
> >> previously entered into a joint venture to form Haier Telkom (India), a
> >> company that is still active," says HP.
> >> The allegations add to the controversy that has stalked procurement of
> >> laptops for primary schools.
> >> HP accuses the tender committee of colluding with Olive Communications
> to
> >> undermine rival bidders.
> >> The American firm claims that Ministry of Education officials allowed
> >> Olive to submit an incomplete price list that left room for price
> >> manipulation and enabled the Indian firm to overtake it [HP] as the
> lowest
> >> bidder.
> >> In an application filed through Nairobi law firm Iseme Kamau and Maema
> >> Advocates, HP says procurement of the laptops has been shrouded in
> secrecy
> >> that has irredeemably compromised the award.
> >> HP accuses the tender evaluation committee of disclosing the price
> quoted
> >> by the bidders and in effect allowing price comparison and undercutting
> -- a
> >> claim that if proved will cast doubt on the entire process.
> >> The American company says it was the lowest bidder when the financial
> >> offers were opened on December 6, having offered to supply the 1.28
> million
> >> laptops for Sh25 billion compared to Haier Electrical's Sh27.2 billion
> and
> >> Olive Communications' Sh27.2 billion.
> >> All prices were subject to further negotiations.
> >> HP claims that the tender committee used every opportunity to release
> >> confidential information in the bid documents to competing firms it says
> >> were sister companies used to undercut its offer.
> >> "Release of the said information created the very mischief sought to be
> >> prevented by Section 44 of the (Public Procurement and disposal) Act,"
> HP
> >> says, adding that rival bidders used the unit prices to undercut the
> >> applicant.
> >> Meyrin Branch, who oversees HP's corporate accounts, says in an
> affidavit
> >> that only his company's application should have been subjected to
> further
> >> evaluation, including price negotiations, and that the tender committee
> >> should only have engaged rival bidders in the event that the talks
> >> collapsed.
> >> Instead, the tender committee invited all bidders to price negotiations
> >> on December 10 at Windsor Golf Club against HP's expectation.
> >> The technology firm further says it was invited through a letter dated
> >> December 6, but which was delivered on the morning of negotiations,
> >> allowing them no time to prepare.
> >> Each firm held separate negotiations with the tender committee during
> >> which they were asked to reveal their BAFO.
> >> "The mode of negotiation adopted made it very possible for information
> of
> >> a particular bidder to be disclosed to others with the aim of sabotaging
> >> certain bidders," says HP.
> >> Ministry of Education officials are alleged to have failed to define the
> >> scope of negotiations to participating bidders and instead confronted
> them
> >> with questions at the meeting.
> >> The tender committee is also accused of refusing to supply HP with the
> >> minutes of the negotiations or even a summary of what transpired.
> >> The information was needed for purposes of filing the appeal.
> >> HP later learnt on December 13 that following the price negotiations,
> >> Olive had dislodged it from top position with an offer of Sh23.1
> billion, a
> >> reduction of Sh4.1 billion from its initial offer of Sh27.2 billion.
> >> The American computer maker was then left in the second lowest bidder's
> >> position with a price of Sh24.8 billion while Haier was last with a
> final
> >> offer of Sh25 billion.
> >> "It was therefore surprising when on February 7, 2014... Prof Jacob
> >> Kaimenyi announced that Olive Telecommunication had been awarded the
> tender
> >> at Sh24.6 billion," says HP.
> >> HP also claims that the committee declined to consider its offer to
> >> provide value-added services to the tune of Sh4.4 billion free of
> charge.
> >> It says the tender committee should have disqualified Olive and Haier
> >> Group's application on grounds that the two companies are related and
> >> should not have placed separate bids.
> >> The details emerged even as the parliamentary committee investigating
> the
> >> laptops for schools tender called on the government to suspend signing
> of
> >> the contract.
> >> The MPs argued that Olive is a small company that partnered with another
> >> firm called CMC to tender for the laptop and that it is not an original
> >> equipment manufacturer (OEM).
> >> The MPs' claims give credence to HP's argument that the committee
> >> breached one of the requirements that limited bidding to OEMs.
> >> The parliamentary committee has accused Prof Kaimenyi of awarding the
> >> tender even before the due diligence report on the winning company is
> >> scrutinised.
> >> MPs are expected to independently investigate the matter and produce a
> >> report.
> >> Ministry of Education officials are also accused of rejecting HP's bid
> >> for the supply of projectors on grounds that it is not an OEM for
> >> projectors even as it accepted Olive's bid for laptops.
> >> "Since the requirement that bidders must be OEMs was specifically set
> out
> >> in the tender documents, HP accepted the decision (to reject its bid for
> >> projectors) and reasonably expected that similar criteria would be used
> in
> >> respect of other bidders," HP says.
> >> The government in October re-advertised for the supply of laptops,
> >> printers and projectors to public schools in fulfilment of Jubilee
> >> alliance's campaign manifesto.
> >>
> >> _______________________________________________
> >> kictanet mailing list
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> >>
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> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
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> >>
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> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >>
> >>
> >>
> >> --
> >> *Regards,*
> >>
> >> *Wait**haka Ngigi*
> >> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
> >> Building
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> >>
> >> _______________________________________________
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> >> for people and institutions interested and involved in ICT policy and
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> >> sector in support of the national aim of ICT enabled growth and
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> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
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> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >>
> >>
> >> _______________________________________________
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> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >>
> >>
> >> _______________________________________________
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> >>
> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
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> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> >> for people and institutions interested and involved in ICT policy and
> >> regulation. The network aims to act as a catalyst for reform in the ICT
> >> sector in support of the national aim of ICT enabled growth and
> development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> >> online that you follow in real life: respect people's times and
> bandwidth,
> >> share knowledge, don't flame or abuse or personalize, respect privacy,
> do
> >> not spam, do not market your wares or qualifications.
> >>
> >
> > _______________________________________________
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> >
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> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> > for people and institutions interested and involved in ICT policy and
> > regulation. The network aims to act as a catalyst for reform in the ICT
> > sector in support of the national aim of ICT enabled growth and
> development.
> >
> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
> > online that you follow in real life: respect people's times and
> bandwidth,
> > share knowledge, don't flame or abuse or personalize, respect privacy, do
> > not spam, do not market your wares or qualifications.
> >
> >
> > _______________________________________________
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> >
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> > for people and institutions interested and involved in ICT policy and
> > regulation. The network aims to act as a catalyst for reform in the ICT
> > sector in support of the national aim of ICT enabled growth and
> development.
> >
> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
> > online that you follow in real life: respect people's times and
> bandwidth,
> > share knowledge, don't flame or abuse or personalize, respect privacy, do
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>
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Re: [kictanet] HP says laptop bid price changed to favour rival Olive Telcom: Cofek Perspective
by Consumers Federation of Kenya (COFEK) 18 Feb '14
by Consumers Federation of Kenya (COFEK) 18 Feb '14
18 Feb '14
Dear Mr Waithaka:
Many thanks for your mail. We are keenly watching the unfolding scam in the
making. For now there is need to separate the belated matters of
value-addition with legal interventions. What you seem to be championing is
more of the (deliberately) missed sound public policy issue(s) - which the
ICTA and Konza Board, for instance, would have ably advised both ICT and
Education Secretaries to consider as specs before putting out the laptops
tender. Basic question, for instance, is who exactly generated the tender
ToR's and from what basis? On the policy issues, of whether or not a local
assembly (like Nyayo Pioneer Car test case) would have worked on the laptops
- we are planning a public forum next month. We will invite listers.
On the legal side, there are obviously a myriad procurement lapses and
related issues; the carelessly negotiated kickbacks (>Sh1.4bn final offer
price variations) etc. The legal can be addressed at Procurement Appeals
Tribunal (our view is that sulking HP/Haier have a very weak case against
Olive Telecoms given the many ambiguities in the tender document) and/or at
the quality of delivery and products themselves. Both levels require solid
evidence and not imaginations/hearsays. Someone must, for instance,
demonstrate that both facts and spirit of the law were breached. With
fever-pitch high level political interest clouding the procurement, it will
take a while before some facts come out. Anyone with information with
evidence and/or useful information (not policy issues) can share with us in
confidence (even anonymously) at: hotline(a)cofek.co.ke
Kind regards,
Japheth Ogutu
Program Officer
Consumers Federation of Kenya (COFEK)
Meky Place, Block F-45
Ngong Road/Ring Rd Kilimani Junction
P.O Box 28053-00200, City Square, NAIROBI, Kenya
Tel. 254-20-2615496, 2300859 Fax. 254-20-3861719; Cell phones: 0715555550,
0770700007
E-mail: hotline(a)cofek.co.ke
Website: www.cofek.co.ke <http://www.cofek.co.ke/>
Facebook: "Consumers Federation of Kenya (Cofek)"
Twitter: @ConsumersKenya YouTube: "ConsumersKenya"
13th December 2012 - President Kibaki assents to the Consumer Protection
Act, 2012 Read it here:
<http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf>
http://www.cofek.co.ke/Consumers%20Protection%20Act%202012.pdf
From: kictanet
[mailto:[email protected]] On Behalf
Of Ngigi Waithaka
Sent: Tuesday, February 18, 2014 7:10 PM
To: The Consumers Federation of Kenya (Cofek)
Cc: KICTAnet ICT Policy Discussions
Subject: [***SPAM*** Score/Req: 05.20/5.0] Re: [kictanet] HP says laptop bid
price changed to favour rival Olive
Sometimes it beats me why such simple logic escapes all the Professors, Drs,
Masters, BSC's we have in that Ministry, and worse, the silence from
KICTAuthority is deafening...
Is Omtatah / COFEK anywhere in these forums? We should file a case in the
courts and say that we are not getting value for money and that those who
are responsible for giving the GoK sound advice have been compromised and
have abdicated their duties...
On Tue, Feb 18, 2014 at 6:45 PM, Kivuva <Kivuva(a)transworldafrica.com> wrote:
This has been debated before.
We all know the best way to go is setting a local manufacturing plant. And
this is what KICTANET and the taxpayers should be advocating for. Each year,
the taxpayer will be forking $268,899, 669 for standard 1 pupils. That is
not sustainable. In 10 years, $2.7 trillion will have been spent on cheap
plastics that we can develop locally and empower our youth, and keep local
dollar local.
The government should get more sensible on this.
______________________
Mwendwa Kivuva, Nairobi, Kenya.
twitter.com/lordmwesh
google ID | Skype ID: lordmwesh
On 18 February 2014 07:00, Adam Nelson <adam(a)varud.com> wrote:
We're ignoring the elephant in the room. Both vendor's laptops are going to
be garbage.
With that kind of budget, tablets are the only way to go. Anyway, tablets
are so much more sensible from a pedagogical point of view as well as a
battery life (10 hours vs 1) and durability standpoint (you can drop a
tablet on a cement floor from 2 feet and the screen might crack but it can
be taped up and works fine).
Even Apple iPads are only $300 retail nowadays and surely the government
could get them for $200 or even $150 since Apple's CSR team would be all
over themselves to make the sale. No ICT support would be required and
everything would 'just work' as long as the theft and breakage rate is kept
reasonable.
If anybody in the government could do anything innovative with this thing,
it would catapult their career to the national and international stage.
--
Kili - Cloud for Africa: <http://kili.io/> kili.io
Musings: <https://twitter.com/varud> twitter.com/varud
More Musings: varud.com
About Adam: <https://www.linkedin.com/in/adamcnelson>
www.linkedin.com/in/adamcnelson
On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi(a)at.co.ke> wrote:
If this line is true,
"...The technology firm further says it was invited through a letter dated
December 6, but which was delivered on the morning of negotiations, allowing
them no time to prepare...."
Then you know HP is being played for sucker, and I think they are....
The only option on the table, prepare themselves for a Judicial Review
(Takes about a year to conclude), PPARB decisions IMO are not based on
substance, and if they are, its of a different kind!
Waithaka Ngigi
On Tue, Feb 18, 2014 at 5:21 PM, S.M. Muraya <murigi.muraya(a)gmail.com>
wrote:
What did Olive Telcom offer in terms of local assembly/support, maintenance
and connectivity?
http://www.businessdailyafrica.com/HP-says-tender-team-rigged-pricing-of-lap
tops-for-rival/-/539546/2210772/-/view/printVersion/-/4t0eatz/-/index.html
HP says laptop bid price changed to favour rival Olive
IN SUMMARY
* HP says Olive Telecommunications had on December 13 quoted a price of
Sh23.1 billion as its final offer.
* Computer maker also claims Olive and Haier are associates that should
not have been allowed to place separate bids.
* The allegations add to the controversy that has stalked procurement of
laptops for primary schools.
Senior government officials colluded with executives of an Indian company to
inflate prices for the controversial laptops tender by as much as Sh1.4
billion after the final bids were made, it has emerged.
American computer maker Hewlett Packard (HP) says Olive Telecommunications -
the Indian company that won the tender to supply the laptops - had on
December 13 quoted a price of Sh23.1 billion ($268,899, 669) as its final
offer.
But Education secretary Jacob Kaimenyi later announced that Olive
Telecommunications had won the tender to supply the laptops at a price of
24.5 billion ($284,814,957) without reference to the alterations.
"It is clear from the foregoing that the procuring entity amended the total
price quoted by the successful bidder and which was read out at the opening
of BAFO (Best and Final Offer) and awarded it (Olive) the sum of $15,914,288
(Sh1.4 billion) more than it had actually quoted," says HP in documents
filed Thursday before the Public Procurement Administrative Review Board
(PPARB).
HP also alleges that Olive and rival bidder Haier, which was among the three
shortlisted bidders for the supply of 1.3 million laptops, are related
companies that should never have been allowed to submit competing bids meant
to lock out rivals.
According to HP, the tender committee should have disqualified Olive and
Haier Group's applications on grounds that the two companies are related and
could not place separate bids.
"To the procuring entity's knowledge the said two companies had previously
entered into a joint venture to form Haier Telkom (India), a company that is
still active," says HP.
The allegations add to the controversy that has stalked procurement of
laptops for primary schools.
HP accuses the tender committee of colluding with Olive Communications to
undermine rival bidders.
The American firm claims that Ministry of Education officials allowed Olive
to submit an incomplete price list that left room for price manipulation and
enabled the Indian firm to overtake it [HP] as the lowest bidder.
In an application filed through Nairobi law firm Iseme Kamau and Maema
Advocates, HP says procurement of the laptops has been shrouded in secrecy
that has irredeemably compromised the award.
HP accuses the tender evaluation committee of disclosing the price quoted by
the bidders and in effect allowing price comparison and undercutting - a
claim that if proved will cast doubt on the entire process.
The American company says it was the lowest bidder when the financial offers
were opened on December 6, having offered to supply the 1.28 million laptops
for Sh25 billion compared to Haier Electrical's Sh27.2 billion and Olive
Communications' Sh27.2 billion.
All prices were subject to further negotiations.
HP claims that the tender committee used every opportunity to release
confidential information in the bid documents to competing firms it says
were sister companies used to undercut its offer.
"Release of the said information created the very mischief sought to be
prevented by Section 44 of the (Public Procurement and disposal) Act," HP
says, adding that rival bidders used the unit prices to undercut the
applicant.
Meyrin Branch, who oversees HP's corporate accounts, says in an affidavit
that only his company's application should have been subjected to further
evaluation, including price negotiations, and that the tender committee
should only have engaged rival bidders in the event that the talks
collapsed.
Instead, the tender committee invited all bidders to price negotiations on
December 10 at Windsor Golf Club against HP's expectation.
The technology firm further says it was invited through a letter dated
December 6, but which was delivered on the morning of negotiations, allowing
them no time to prepare.
Each firm held separate negotiations with the tender committee during which
they were asked to reveal their BAFO.
"The mode of negotiation adopted made it very possible for information of a
particular bidder to be disclosed to others with the aim of sabotaging
certain bidders," says HP.
Ministry of Education officials are alleged to have failed to define the
scope of negotiations to participating bidders and instead confronted them
with questions at the meeting.
The tender committee is also accused of refusing to supply HP with the
minutes of the negotiations or even a summary of what transpired.
The information was needed for purposes of filing the appeal.
HP later learnt on December 13 that following the price negotiations, Olive
had dislodged it from top position with an offer of Sh23.1 billion, a
reduction of Sh4.1 billion from its initial offer of Sh27.2 billion.
The American computer maker was then left in the second lowest bidder's
position with a price of Sh24.8 billion while Haier was last with a final
offer of Sh25 billion.
"It was therefore surprising when on February 7, 2014... Prof Jacob Kaimenyi
announced that Olive Telecommunication had been awarded the tender at Sh24.6
billion," says HP.
HP also claims that the committee declined to consider its offer to provide
value-added services to the tune of Sh4.4 billion free of charge.
It says the tender committee should have disqualified Olive and Haier
Group's application on grounds that the two companies are related and should
not have placed separate bids.
The details emerged even as the parliamentary committee investigating the
laptops for schools tender called on the government to suspend signing of
the contract.
The MPs argued that Olive is a small company that partnered with another
firm called CMC to tender for the laptop and that it is not an original
equipment manufacturer (OEM).
The MPs' claims give credence to HP's argument that the committee breached
one of the requirements that limited bidding to OEMs.
The parliamentary committee has accused Prof Kaimenyi of awarding the tender
even before the due diligence report on the winning company is scrutinised.
MPs are expected to independently investigate the matter and produce a
report.
Ministry of Education officials are also accused of rejecting HP's bid for
the supply of projectors on grounds that it is not an OEM for projectors
even as it accepted Olive's bid for laptops.
"Since the requirement that bidders must be OEMs was specifically set out in
the tender documents, HP accepted the decision (to reject its bid for
projectors) and reasonably expected that similar criteria would be used in
respect of other bidders," HP says.
The government in October re-advertised for the supply of laptops, printers
and projectors to public schools in fulfilment of Jubilee alliance's
campaign manifesto.
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T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811
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regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
share knowledge, don't flame or abuse or personalize, respect privacy, do
not spam, do not market your wares or qualifications.
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people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
share knowledge, don't flame or abuse or personalize, respect privacy, do
not spam, do not market your wares or qualifications.
_______________________________________________
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
share knowledge, don't flame or abuse or personalize, respect privacy, do
not spam, do not market your wares or qualifications.
--
Regards,
Waithaka Ngigi
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254 737 811
000
www.at.co.ke
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ICANN's cosy relationship with the US must end, says EU
by Harry Hare | African eDevelopment Resource Centre 18 Feb '14
by Harry Hare | African eDevelopment Resource Centre 18 Feb '14
18 Feb '14
This topic has been coming and going for the WSIS 1 more than a decade ago,
looks like its here again.
http://www.itnews.com/government/74424/icanns-cosy-relationship-us-must-end-
says-eu?source=ITNEWSNLE_nlt_itndaily_2014-02-12
Kindest regards
Harry Hare
Director | African eDevelopment Resource Centre
PO Box 49475 00100 | Nairobi, Kenya
Tel +254 20 4041646 | Cel +254 725 650044
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PUBLIC CONSULTATION ON LICENSING AND REGULATORY FRAMEWORK FOR DOT KE DOMAIN NAME REGISTRY SERVICE
by Ali Hussein 17 Feb '14
by Ali Hussein 17 Feb '14
17 Feb '14
Dear listers
We kick off the discussions today with 2 questions.
1. What do you think informed CCK's move towards a change in the way the .ke ccTLD is managed and do you think enough consultations (in the spirit of MultiStakeholderism) took place to arrive at this?
2. How in your opinion should any of the funds (after liquidation of KeNIC) be used? This question should also answer the question of surplus funds derived from the sale of .ke ccTLD domains?
I suggest we take two days to discuss these questions in depth.
We shall proceed to the next set of questions on Wednesday.
Ali Hussein
+254 0770 906375 / 0713 601113
"I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein
Sent from my iPad
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Airtel KE & Caller ID misnomer: BEWARE Hiding Caller ID will prevent you from making calls on Airtel Network!!
by Odhiambo Washington 17 Feb '14
by Odhiambo Washington 17 Feb '14
17 Feb '14
First of all, sorry for cross-posting.
I have spend a better part of today on calls with Airtel Customer Care, an
Airtel Techie and an Airtel Customer Care Team Leader trying to figure out
why a colleague could not make calls from his line. If he dialled any
number, it would not go, with 'Check Operator Services' being displayed on
the screen. More than 10 calls to Airtel and all I was being told is 'do a
lock-up', 'we've refreshed the line', 'do a lock-up' and all this didn't
solve
Finally at 1620hrs, I call the number for Customer Care Team Leader and he
asks me to check the SenderID setting under 'Call Settings' on the phone. I
find that 'Send Caller ID' is set to disabled. He tells me to enable it and
then try calling and voila! I am able to call. So I ask him why so and he
tells me that on Airtel's network, if you hide Caller ID, you will NOT be
able to make calls.
I tested that option on my own phone and for sure I am not able to call,
but at least it tells me 'Check Caller ID sending'...
I tested that option on another phone with Safaricom SIM Card and I was
able to make calls to Airtel, Safaricom, Landline...
Someone please tell me what this is supposed to achieve, besides the fact
that I believe this setting should be set at the pleasure of the phone
user.When did CCK introduce this legislation and why is Safaricom (and
probably other MNOs) not adhering to it??
IIRC, nowhere in my contract with Airtel did they mention that it's their
discretion to decide on this option.
--
Best regards,
Odhiambo WASHINGTON,
Nairobi,KE
+254733744121/+254722743223
"I can't hear you -- I'm using the scrambler."
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