HP says laptop bid price changed to favour rival Olive
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... 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.
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@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...
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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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,* *Wait**haka 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
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@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@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...
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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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,*
*Wait**haka 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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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.
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@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: 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@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@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...
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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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,*
*Wait**haka 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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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.
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@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@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: 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@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@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...
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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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,*
*Wait**haka 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
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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 kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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 kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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,* *Wait**haka 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
It seems when you get into government and occupy a big position, reasoning vacates and in it's place occupied by avarice and gluttony, and the late departed brain only resurrects when voters throw you in the cold. We've seen very good civil activists turn into hyenas and wolves, and back to sheep when they are shown the door by voters. It's a vicious cycle. Let us shout on our roofs that we need to setup local manufacturing plants for the laptops. Konza? 22 Public Universities? We can tackle unemployment with simple initiatives like the laptop project. ______________________ Mwendwa Kivuva, Nairobi, Kenya. twitter.com/lordmwesh google ID | Skype ID: lordmwesh On 18 February 2014 08:10, Ngigi Waithaka <ngigi@at.co.ke> wrote:
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@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@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: 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@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@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...
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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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,*
*Wait**haka 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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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 kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngigi%40at.co.ke
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,*
*Wait**haka 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
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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224 Ghana Mobile: +233(0)57-0445059 Kenya Mobile: +254(0)721-845674 Mozambique Mobile: +258-820880583 Nigeria Mobile +234(0)701-196-1413 Skype: seanmoroney www.aitecafrica.com<http://aitecafrica.com/> [cid:image005.jpg@01CEB2F3.0495DB50]<http://aitecafrica.com/event/view/95> [twitter]<https://twitter.com/aitecafrica> [facebook (2)] <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@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<http://kili.io/> Musings: twitter.com/varud<https://twitter.com/varud> More Musings: varud.com<http://varud.com> About Adam: www.linkedin.com/in/adamcnelson<https://www.linkedin.com/in/adamcnelson> On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@at.co.ke<mailto:ngigi@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@gmail.com<mailto:murigi.muraya@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... 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 kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngigi%40at.co.ke 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<http://www.at.co.ke> _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke<mailto:kictanet@lists.kictanet.or.ke> https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/adam%40varud.com 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.
That is a very sober observation Sean. And the community raised all those points last year when we had very productive debates on the right direction regarding the laptops project. If we have strong networks and lobby groups, at least one of those paths can still be pursued. Do we have mechanisms where we can lobby legislators to inject community feedback into the whole process? On 18/02/2014, Sean Moroney <seanm@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224 Ghana Mobile: +233(0)57-0445059 Kenya Mobile: +254(0)721-845674 Mozambique Mobile: +258-820880583 Nigeria Mobile +234(0)701-196-1413 Skype: seanmoroney www.aitecafrica.com<http://aitecafrica.com/> [cid:image005.jpg@01CEB2F3.0495DB50]<http://aitecafrica.com/event/view/95>
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From: kictanet [mailto:kictanet-bounces+seanm=aitecafrica.com@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<http://kili.io/> Musings: twitter.com/varud<https://twitter.com/varud> More Musings: varud.com<http://varud.com> About Adam: www.linkedin.com/in/adamcnelson<https://www.linkedin.com/in/adamcnelson>
On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@at.co.ke<mailto:ngigi@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@gmail.com<mailto:murigi.muraya@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...
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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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<http://www.at.co.ke>
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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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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+pla... 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@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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...
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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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@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+pla...
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@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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...
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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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,*
*Wait**haka 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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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@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@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+pla...
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@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224
*Ghana Mobile: +233(0)57-0445059*
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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...
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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*Wait**haka 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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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.
Muraya I concur with your assertions. Knowledge Economy is good but for us to really get the true value of economic growth we must also learn to do. Your idea of mini-factories is already something that is proven and being done. For example in Israel the Kibbutz system has learnt that value addition is critical to improving their lot. They have mini-dairies, mini-food processing plants etc. This has grown their Agri-Business industry. 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 9:25 AM, "S.M. Muraya" <murigi.muraya@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@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 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@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+pla...
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@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224
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From: kictanet [mailto:kictanet-bounces+seanm=aitecafrica.com@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
More Musings: varud.com
About Adam: www.linkedin.com/in/adamcnelson
On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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...
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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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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I am with Nelson on this. We are running around in circles not getting anything done. What do we want? As much tech in our childrens hands to experiment and learn with or factories to put them to work. As far as I can tell there will be jobs in 10 years that don't exist today. Do we want our kids competing with robots or to be doing these new jobs? What worked for Asia will not work here. Another case of transplanting models that will fail. Queue Airtel. What we need are the basics like Dr. Ndemo ensuring we have several fiber cables landing at Mombasa regardless of who owns them. Thats a matter for the NIS to worry about. Can I register my company online? or follow progress of a case I have an interest in online? Wy d we queue to pay taxes? Why does ID fingerprinting use ink? What happened to the Biometric machines? Why do MPS still vote by stomping their feet? Factories are nice but they need an ecosystem to thrive, an ecosystem that doesn't work as it should right now. Its another case of broken mirror symptom. If the environment isn't healthy, the individuals(company, people, institutions) will be encouraged to perpetuate the status. On Wed, Feb 19, 2014 at 9:25 AM, S.M. Muraya <murigi.muraya@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@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@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+pla...
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@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.
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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.
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On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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...
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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Mark, Maybe Ngigi needs to explain to you how building online systems falls under manufacturing (code) :) Building manufacturing capabilities and datacenters, in sub Saharan Africa, where the population (and social challenges) double every 20 years... is a no brainer. Murigi / Stanley Muraya On Feb 19, 2014 10:53 AM, "Mark Mwangi" <mwangy@gmail.com> wrote:
I am with Nelson on this.
We are running around in circles not getting anything done. What do we want? As much tech in our childrens hands to experiment and learn with or factories to put them to work. As far as I can tell there will be jobs in 10 years that don't exist today. Do we want our kids competing with robots or to be doing these new jobs?
What worked for Asia will not work here. Another case of transplanting models that will fail. Queue Airtel.
What we need are the basics like Dr. Ndemo ensuring we have several fiber cables landing at Mombasa regardless of who owns them. Thats a matter for the NIS to worry about. Can I register my company online? or follow progress of a case I have an interest in online? Wy d we queue to pay taxes? Why does ID fingerprinting use ink? What happened to the Biometric machines? Why do MPS still vote by stomping their feet?
Factories are nice but they need an ecosystem to thrive, an ecosystem that doesn't work as it should right now.
Its another case of broken mirror symptom. If the environment isn't healthy, the individuals(company, people, institutions) will be encouraged to perpetuate the status.
On Wed, Feb 19, 2014 at 9:25 AM, S.M. Muraya <murigi.muraya@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@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@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+pla...
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@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.
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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.
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On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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...
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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--
*Regards,*
*Wait**haka 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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-- Regards,
Mark Mwangi
markmwangi.me.ke
+1 Muraya. Infact Adam, an avid lister is doing just that..building IAAS capability right here in Kenya. 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 12:08 PM, "S.M. Muraya" <murigi.muraya@gmail.com> wrote:
Mark,
Maybe Ngigi needs to explain to you how building online systems falls under manufacturing (code)
:)
Building manufacturing capabilities and datacenters, in sub Saharan Africa, where the population (and social challenges) double every 20 years... is a no brainer.
Murigi / Stanley Muraya
On Feb 19, 2014 10:53 AM, "Mark Mwangi" <mwangy@gmail.com> wrote: I am with Nelson on this.
We are running around in circles not getting anything done. What do we want? As much tech in our childrens hands to experiment and learn with or factories to put them to work. As far as I can tell there will be jobs in 10 years that don't exist today. Do we want our kids competing with robots or to be doing these new jobs?
What worked for Asia will not work here. Another case of transplanting models that will fail. Queue Airtel.
What we need are the basics like Dr. Ndemo ensuring we have several fiber cables landing at Mombasa regardless of who owns them. Thats a matter for the NIS to worry about. Can I register my company online? or follow progress of a case I have an interest in online? Wy d we queue to pay taxes? Why does ID fingerprinting use ink? What happened to the Biometric machines? Why do MPS still vote by stomping their feet?
Factories are nice but they need an ecosystem to thrive, an ecosystem that doesn't work as it should right now.
Its another case of broken mirror symptom. If the environment isn't healthy, the individuals(company, people, institutions) will be encouraged to perpetuate the status.
On Wed, Feb 19, 2014 at 9:25 AM, S.M. Muraya <murigi.muraya@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@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 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@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+pla...
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@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@aitecafrica.com UK Tel: +44(0)1480-880774 UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224
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From: kictanet [mailto:kictanet-bounces+seanm=aitecafrica.com@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
More Musings: varud.com
About Adam: www.linkedin.com/in/adamcnelson
On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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...
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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--
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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-- Regards,
Mark Mwangi
markmwangi.me.ke
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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@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@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 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@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+pla...
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@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@aitecafrica.com UK Tel: +44(0)1480-880774begin_of_the_skype_highlighting +44(0)1480-880774FREE end_of_the_skype_highlighting UK Fax: +44(0)1480-880765 UK Mobile: +44(0)7973-499224begin_of_the_skype_highlighting +44(0)7973-499224FREE end_of_the_skype_highlighting Ghana Mobile: +233(0)57-0445059begin_of_the_skype_highlighting +233(0)57-0445059FREE end_of_the_skype_highlighting Kenya Mobile: +254(0)721-845674begin_of_the_skype_highlighting +254(0)721-845674FREE end_of_the_skype_highlighting Mozambique Mobile: +258-820880583begin_of_the_skype_highlighting +258-820880583FREE end_of_the_skype_highlighting Nigeria Mobile +234(0)701-196-1413 Skype: seanmoroney www.aitecafrica.com Our Events: Broadcast, Film and Music Africa Africa Media Business Exchange ATEC Banking and Mobile Money West Africa, Lagos AITEC Banking and Mobile Money West Africa, Accra AITEC Banking and Mobile Money COMESA AITEC Southern Africa ICT Summit AITEC East Africa ICT Summit AfriHealth 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@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 More Musings: varud.com About Adam: www.linkedin.com/in/adamcnelson On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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... 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 kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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.htm... 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@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@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@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@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+pla...
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@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.
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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... 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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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.
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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@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.htm...
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@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@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@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 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@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+pla...
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@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
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From: kictanet [mailto:kictanet-bounces+seanm=aitecafrica.com@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 More Musings: varud.com About Adam: www.linkedin.com/in/adamcnelson
On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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... 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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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@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@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.htm...
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@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@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@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@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+pla...
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@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*
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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... 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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Thanks Adam for educating me on Mercantilism, i almost thought you were refering to Mekatilili wa Menza a great Giriama leader. Interesting debate folks i pray his excellency president Kenyatta revokes the tender and orders local assembly of the laptops, no street demos for the next four years, young men will be busy assembling and maintaining the laptops. I agree with Ali and Kivuva's position, maybe we should do an online petition, it might grab the presidents attention. On Feb 19, 2014 3:09 PM, "Adam Nelson" <adam@varud.com> wrote:
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@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@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.htm...
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@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@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@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@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+pla...
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@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*
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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... 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 vehicle assembly we have KVM which has been under utilized for years. It operates at less than 40% capacity yet we have 180,000 vehicles registered yearly. Why a new locally manufactured car costs twice or even four times a used car from Japan points to the problem. We run to build new things while the existing ones are left to rot. Queue the standard gauge railway ~ RVR. My point is that the government policy and actions are anti business. Or rather anti local business growth. Safaricom, EABL and Equity bank are majority owned by foreigners so these don't count. Aside from the Kenyatta conglomerate there are few other local business dynasties that can lobby and influence policy to be pro local business. And without local stakes we are left to the mercy of inflowing dollars hence the likes of Olive tech winning tenders as UoN sit there without even a prototype. On Feb 19, 2014 3:45 PM, "Barrack Otieno" <otieno.barrack@gmail.com> wrote:
Thanks Adam for educating me on Mercantilism, i almost thought you were refering to Mekatilili wa Menza a great Giriama leader. Interesting debate folks i pray his excellency president Kenyatta revokes the tender and orders local assembly of the laptops, no street demos for the next four years, young men will be busy assembling and maintaining the laptops. I agree with Ali and Kivuva's position, maybe we should do an online petition, it might grab the presidents attention. On Feb 19, 2014 3:09 PM, "Adam Nelson" <adam@varud.com> wrote:
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@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@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.htm...
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@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@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@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@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+pla...
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@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.
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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@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@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... 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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The world can be seen in context of value chain quadrant; 1.Raw materials 2. Manufacturing and IP thereof 3. Logistics and services 4. Consumption We are rich in raw materials but we are grossly exploited. Logical thing to do is graduate from raw material provider to manufacturing. We can start with importing ckd's and building assembly plants locally. We have millions of people with secondary education and no employment at all. They'd be happy to provide labor in such assembly plants. Knowledge industry will be viable a little while later...perhaps a generation away. We seem to be oblivious of budding Pan Africanism and intra-trade opportunities possible. Rather we start a struggling manufacturing sector today than wait to leapfrog into knowledge economy sometime after the end of the days. Km On Feb 19, 2014 9:02 AM, "Adam Nelson" <adam@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@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+pla...
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@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.
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*From:* kictanet [mailto:kictanet-bounces+seanm= aitecafrica.com@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.
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On Tue, Feb 18, 2014 at 5:36 PM, Ngigi Waithaka <ngigi@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@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...
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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--
*Regards,*
*Wait**haka Ngigi*
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
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Not sure if there is ANY procurement in government that can pass smell test regardless of the winner. The bigger scam in the laptops project could be under design in river road. Curious to see a possession audit report 6 months after those laptops are issued. Km On Feb 18, 2014 5:22 PM, "S.M. Muraya" <murigi.muraya@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...
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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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.
participants (10)
-
Adam Nelson -
Ali Hussein -
Barrack Otieno -
K Machuhi -
Kivuva -
Lucy Kimani -
Mark Mwangi -
Ngigi Waithaka -
S.M. Muraya -
Sean Moroney